PORTLAND COMMUNITY COLLEGE
INVITATION TO BID for
MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS
Date of Issue April 10, 2014
Due Date and Time: 2:00 p.m., Local Time Wednesday, May 29, 2014
Issuing Office: Portland Community College Procurement Satellite Office Denise J. Jeffords, CPPB
Sylvania Campus 12000 SW 49th Avenue Portland, Oregon 97219
Phone: 971-722-8584 Fax: 971-722-4922 e-mail:
[email protected]
Table of Contents
Section I.
Introduction
A. Legal Advertisement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section II. A. B. C. D. E. F. G. H. I. J.
5 6 7
General Bid Instructions & Administrative Information
Notice to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuing Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protest of Bid Specifications or Contract Terms . . . . . . . . . . . . . . . . . . . . . . Protest and Judicial Review of Contract Award . . . . . . . . . . . . . . . . . . . . . . Written Protest of Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clarification and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oral Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Invoices and Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . College Personnel Excluded from the Contract . . . . . . . . . . . . . . . . . . . . . . School Interference and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 9 9 10 10 11 11 11 12 12
Section III. General Bid Conditions A. B. C. D. E. F. G. H. I. J. K. L. M. N.
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conflict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oregon Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reciprocal Preference Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preference for Goods Fabricated or Processed within State of Oregon . . . . Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immigration Reform and Control Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Material Safety Data Sheet (MSDS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section IV A. B. C. D. E.
13 13 14 14 14 14 15 15 15 15 16 16 17 17
Special Bid Instructions and Conditions
Point of Contact for Bid Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project Timetable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Method of Submitting Bids - Mandatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Method of Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bidder Experience and References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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18 18 18 20 22
Table of Contents (Continued)
Section IV
Special Bid Instructions and Conditions (Continued)
F. Owner Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Project Coordination and Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. Temporary Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section V A. B. C. D. E. F. G.
A. B. C. D. E. F. G. H. I. J. K.
General Contract Conditions
General Statutory Provisions Concerning Public Contracts . . . . . . . . . . . . . . Law of State of Oregon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-Assignability and Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Method of Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Departures from Terms of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equal Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section VI
22 23 23 23 24
25 25 25 25 25 26 26
Special Contract Conditions
Contract Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bonding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnity Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment for Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Invoices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes, Ordinances, Regulations and Permits . . . . . . . . . . . . . . . . . . . . . . . . Project Record Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability for Damages to Machinery or Equipment . . . . . . . . . . . . . . . . . . . . . Independent Contractor Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intergovernmental Cooperative Purchasing Agreement . . . . . . . . . . . . . . . .
27 27 27 28 28 28 29 29 29 30 30
Section VII Scope of Work and Specifications A. B. C. D. E. F. G. H.
Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equipment to be Serviced & Load Tested . . . . . . . . . . . . . . . . . . . . . . . . . Number of Transfer Switches Connected to Each Generator . . . . . . . . . . . Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change in Service Specifications (Amendments) . . . . . . . . . . . . . . . . . . . . . Scheduling of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tools, Equipment & Supplies to be Furnished by Contractor . . . . . . . . . . . .
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31 31 31 33 34 34 34 35
Table of Contents (Continued)
Section VII Scope of Work and Specifications (Continued) I. Performance Standards and Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . J. Clean Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K. Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L. Apprentices, Laborers, and Journeymen . . . . . . . . . . . . . . . . . . . . . . . . . . . M. Non-Interference with School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N. Temporary Construction Closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O. Vehicles and Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P. College Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q. Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R. Contractor Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S. College Approved Varied Hours of Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . T. Reimbursement and Invoice Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . U. Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W. Service Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 35 35 36 36 37 37 37 37 38 40 40 41 41 41
APPENDICES: ‘A’ ‘B’ ‘C’ ‘D’ ‘E’ ‘F’ ‘G’ ‘H’
Bid Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residency Statement Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First-Tier Subcontractor Disclosure Form . . . . . . . . . . . . . . . . . . . . . . . . . . Intergovernmental Cooperative Purchasing Agreement Form . . . . . . . . . . Sample Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maintenance Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PCC Outside Contractor Safety and Health Hazard Control Notification Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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42 48 51 54 56 58 64 ??
SECTION I INTRODUCTION
A.
LEGAL ADVERTISEMENT: INVITATION TO BID (ITB) FOR MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS ANNOUNCEMENT OF CALL FOR BIDS: Sealed bids will be received at the Facilities Management Services Office, Portland Community College (PCC), Sylvania Campus, College Services Building (CSB), Room 314, 12000 S.W. 49th Avenue, Portland, Oregon 97219 until 2:00 p.m., local time, May 29, 2014 for Maintenance and Repair of Emergency Power Supply Systems, as described in the specifications on file at said location. The College intends to enter into a Contract with the successful Bidder to provide Maintenance and Repair of Emergency Power Supply Systems, including but not limited to providing preventative maintenance and annual load testing services on emergency generators at various PCC locations, as directed by the College. The initial term of the Contract shall be one (1) year, subject to renewal for four (4) additional one-year periods. The College has determined specifications for such Invitation to Bid (ITB), copies of which are available for downloading from the Solicitation Opportunities link on the Portland Community College Issuing Office website: http://www.pcc.edu/purchasing. It is the bidder’s responsibility to continually check this website for any addenda that may be issued. Interested companies who are not equipped to download the document may request a copy of the ITB by contacting Denise Jeffords, CPPB, at 971-722-8584. The College has appointed the time for opening of all such bids, the hour of 2:05 p.m., local time, on the 29th day of May, 20114 at the above mentioned address, at which time and place all interested persons are invited to attend. Pursuant to ORS 279C.800 through ORS 279C.870, the State of Oregon Prevailing Wage Rates for Public Works Contracts in Oregon shall be followed for all labor performed in this Contract, including Wage Rates and Certification of Payroll as required by the State of Oregon Bureau of Labor and Industries (BOLI) (Refer to BOLI’s website at www.oregon.gov/BOLI). Emerging Small Businesses, as well as Minority-Owned, and Women-Owned enterprises are encouraged to submit bids in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award of any Contract entered into pursuant to this advertisement. The College Board of Directors and its officers are committed to encouraging that women and members of ethnic minority groups are represented and employed in the College’s
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public works contracts and will ask bidder’s responding to this call for bids to specify to what extent they intend to subcontract with or employ members of ethnic minority groups or women. Portland Community College will assist all bidders in identifying minority or women subcontractors or potential employees. Each bid must contain a statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. The College may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the College that it is in the public interest to do so.
Denise Jeffords, CPPB Buyer/Contract Specialist Procurement Office Portland Community College Portland, Oregon
April 10, 2014
B.
PURPOSE 1. The College intends to enter into a Contract with a qualified Contractor to provide general maintenance and repair of emergency power supply systems and automatic transfer switches (ATS), which includes but is not limited to preventative maintenance on the generators, on the ATS, annual load testing services on emergency generators, load bank testing, building load testing with the ATS transferred and the generator providing power to the building load, and measurements of the building load on each leg at various PCC District locations, as directed by John Zalas, Alarms Specialist. The initial contract period shall be effective July 1, 2014 (or as soon as possible thereafter) through June 30, 2015, subject to renewal for four (4) additional one-year periods. The decision to renew the Contract shall be based upon the satisfaction of the College with Contract performance, the financial advisability of continuing the Contract without re-bidding, and subject to the availability of funds 2. Contractor will be responsible for Maintenance and Repair of Emergency Power Supply Systems as needed at the following campus locations: Sylvania Campus 12000 SW 49th Avenue Portland, Oregon 97219
Cascade Campus 705 N Killingsworth Portland, Oregon 97217
Rock Creek Campus 17705 NW Springville Road Portland, Oregon 97229
Southeast Center 2305 SE 82nd Avenue Portland, Oregon 97216
Willow Creek Center 241 SW Edgeway Drive Beaverton, Oregon 97006
Newberg Center 301 N Elliott Road Newberg, Oregon 97132
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PCC consists of the primary campuses and centers listed above. Additional sites may be developed in the next few years. The College may be interested in extending Maintenance and Repair of Emergency Power Supply Systems to some other sites in the future, as it becomes cost beneficial to do so. 4. The Bid Document contains the instructions governing the bids to be submitted and the material to be included therein, a description of required services, specifications, and other requirements to be met by each bidder. Bidders should read the entire ITB before taking any action; it could be very misleading to review only limited sections of the document.
C.
INTRODUCTION 1. Portland Community College (PCC) is a two-year college with three (3) major campuses, five (5) centers and a number of satellite locations. It offers programs in a district with a 1,500 square mile area comprised of all or parts of five (5) counties with approximately 1.8 million residents. Annual enrollment is approximately 98,000. The College employs approximately 3,300 faculty, staff, and administrators. The curriculum includes vocational programs, community education, academic transfer courses, and classes in basic skills. Distance delivered courses are increasing rapidly. The College has an open admission policy. Credits from other institutions may be accepted toward degree requirements. PCC enrolls more students than any other college in the state. 2. The PCC Foundation was established in 1982 as a nonprofit corporation to solicit private support for the College. The Foundation and PCC are linked through the development office, which provides staff support for fund raising efforts. 3. Portland Community College is the primary institution for vocational education in Portland serving the needs of people for initial training, upgrading, retraining, and training for second careers; is a cost-effective, highly accessible institution for obtaining lower-division collegiate education leading to higher degrees; and is a primary institution for meeting the personnel needs of local industry. In addition to the continually-developing general program offerings, the College provides customdesigned programs to meet the specific needs of business, industry, and public and private agencies. 4. Although PCC addresses the needs of a well-defined district, the College is increasing its relationship with those who are beyond the metropolitan area. For example, PCC participates in electronic links among regional libraries and has established joint admission and instructional programs with Oregon State University, Portland State University, and the Oregon Institute of Technology.
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5. A locally elected Board of Directors governs the College. The Board of Directors appoints the district president. There are three vice presidents, and four campus presidents.
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SECTION II GENERAL BID INSTRUCTIONS & ADMINISTRATIVE INFORMATION
A.
NOTICE TO BIDDERS For purposes of these instructions and all other Contract documents, the name Portland Community College (PCC) may be abbreviated to “College,” and both names signify the same municipal corporate body.
B.
ISSUING OFFICE Denise Jeffords, Buyer/Contract Specialist, of the Purchasing Department will issue this Invitation to Bid (ITB) document and she shall be the sole point of contact. Any questions regarding this ITB shall be directed to: Denise J. Jeffords, CPPB Phone: 971-722-8584
C.
e-mail:
[email protected]
PROTEST OF BID SPECIFICATIONS OR CONTRACT TERMS In compliance with the Oregon Attorney General’s Model Public Contract Rules (Oregon Administrative Rules) (OAR 137-047-0730): (1) Purpose. A prospective Offeror may protest the Procurement process of the solicitation Document for a Contract solicited under ORS 279B.055, 279B.060 and 279B.085 as set forth in ORS 279B.405(2). Pursuant to ORS 279B.405(3), before seeking judicial review, a prospective Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies. (2) Delivery. Unless otherwise specified in the Solicitation Document, a prospective Offeror must deliver a Written protest to the Contracting Agency not less than ten (10) Days prior to Closing. (3) Content of Protest. In addition to the information required by ORS 279B.405(4), a prospective Offeror’s Written protest shall include a statement of the desired changes to the Procurement process or the Solicitation Document that the prospective Offeror believes will remedy the conditions upon which the prospective Offeror based its protest. (4) Contracting Agency Response. The Contracting Agency shall not consider a Prospective Offeror’s solicitation protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Solicitation Document. The Contracting Agency shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405(4). The Contracting Agency shall issue a Written disposition of the protest in accordance with the timeline set forth in ORS 279B.405(6). If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either issue an Addendum reflecting its
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disposition under OAR 137-047-0430 or cancel the Procurement or solicitation under 137-047-0660. (5) Extension of Closing. If the Contracting Agency receives a protest from a prospective Offeror in accordance with this rule, the Contracting Agency may extend Closing if the Contracting Agency determines an extension is necessary to consider and respond to the protest. (6) Clarification. Prior to the deadline for submitting a protest, a prospective Offeror may request that the Contracting Agency clarify any provision of the Solicitation Document. The Contracting Agency’s clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on the Contracting Agency unless the Contracting Agency amends the Solicitation Document by Addendum. (7) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a solicitation protest shall be in accordance with ORS 279B.405. D.
PROTESTS AND JUDICIAL REVIEW OF CONTRACT AWARD In compliance with the Oregon Attorney General’s Model Public Contract Rules (Oregon Administrative Rules) (OAR 137-047-0740): (1) Purpose. An Offeror may protest the Award of a Contract, or the intent to Award of a Contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. An Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies before seeking judicial review of the Contracting Agency’s Contract Award decision. (2) Delivery. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after the Award of a Contract, or issuance of the notice of intent to Award the Contract, whichever occurs first. (3) Content of Protest. An Offeror’s Written protest shall specify the grounds for the protest to be considered by the Contracting Agency pursuant to ORS 279B.410(2). (4) Contracting Agency Response. The Contracting Agency shall not consider an Offeror’s Contract Award protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Solicitation Document. The Contracting Agency shall issue a Written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either Award the Contract to the successful protestor or cancel the Procurement or solicitation. (5) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a Contract Award protest shall be in accordance with ORS 279B.415.
E.
WRITTEN PROTEST OF AWARD Vendor's must submit written protests of Contractor selection to Denise Jeffords, CPPB, Buyer/Contract Specialist, with a copy to the Finance Division Manager of Procurement within seven (7) calendar days after notice of intent to award. The written protest must
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specify the grounds upon which the protest is based for the protest to be considered by the College. Refer to OAR 137-047-0740 for complete details. F.
CLARIFICATION AND ADDENDA 1. Vendors must submit written protests and/or questions regarding these Bid specifications to Denise Jeffords, CPPB, requesting a clarification of the Bid on or before 5:00 p.m., local time April 28, 2014. Requests may be submitted via U. S. Mail, by fax at 971-722-4922, or by e-mail to
[email protected]. Written responses will be made available by 5:00 p.m., local time on May 1, 2014 via addendum to all potential bidders, on-line from the Solicitation Opportunities link on the College’s Procurement website: http://www.pcc.edu/purchasing. It is the bidder’s responsibility to continually check this website for any addenda that may be issued. 2. If it becomes necessary to revise or clarify any part of this bid, addenda will be made available to all bidders. Only questions or clarifications answered by formal written addenda will be binding. Addenda for this project can be downloaded from the Solicitation Opportunities link on the PCC Procurement website: http://www.pcc.edu/purchasing. Bidders should consult the PCC Procurement Solicitation Website regularly until Bid Closing to assure that they have not missed any Addenda announcements. 3. Bidders shall acknowledge receipt of all addenda in the appropriate area on the Bid Form, which must be returned as part of the bid package. 4. All addenda issued during the ITB period shall be incorporated into any resultant Contract.
G.
ORAL INTERPRETATIONS No PCC employee or officer is authorized to make any oral interpretation of any provisions within the ITB or Contract documents. The College will not be responsible for any oral remarks related to this ITB. Vendors who are in doubt about any aspect of this ITB must submit written questions to the issuing office by 5:00 p.m., local time, April 28, 2014.
H.
INVOICES AND PAYMENTS 1.
In addition to the Contract, the successful Contractor will be furnished a purchase order (P.O.). All billings must show the P.O. number.
2.
Invoices for quoted services will be itemized to show each generator, transfer switch or load test individually.
3,
Invoices for other requested service or repair shall list all labor and material cost in a clear manner and shall include a copy of paid receipts for material/equipment used or installed for each job performed.
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I.
a.
Example: 8 hrs. labor @ $10.00/hr. = $80.00
b.
Invoices will have service tickets attached that clearly call out the names of who worked and the hours worked, as well as the parts used during the visit.
4.
All records and testing documents will be provided at time of invoice.
5.
The College shall make progress payments to the Contractor. Payments shall be made upon submission of invoices on a monthly basis for all Work performed during the month.
6.
The College shall retain the right to withhold progress payment if Contractor violates any provisions of this Agreement until such violation is remedied.
COLLEGE PERSONNEL EXCLUDED FROM THE CONTRACT No officer, agent or employee of the College shall be permitted any interest in any Contract with the College.
J.
SCHOOL INTERFERENCE AND SAFETY 1. Existing utilities are not to be disrupted in areas being utilized by the College. If the utilities must be disrupted, Contractor shall give twenty-four (24) hours notice to the College, and shall coordinate with PCC to work around the College’s schedule. Duration of shut-downs shall be approved by the College. 2. Since the College employees, students, and the public are expected to occupy and use PCC facilities while Work is being completed, Contractor shall exercise special care to see that all necessary and prudent steps are taken for the protection of all parties at all times. Safety and safe conduct of the Work are the Contractor’s responsibility.
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SECTION III GENERAL BID CONDITIONS
A.
DEFINITIONS As used in the Contract documents, unless the context requires otherwise: 1. “Bond” means a performance bond in form and with corporate surety satisfactory to the College in an amount equal to the full Contract sum, conditioned upon the faithful performance of the Contract and all provisions thereof. 2. “Contract” or “Contract Documents” include the Purchase Order, if any, the Agreement, if any, the Bond, the Bid, the Instructions to Bidders, the General Conditions of the Contract, and Detailed Specifications, the Addenda, if any, incorporated in the Documents before their execution, and all agreements of a supplemental nature entered into during the progress of the Work whether by change order or otherwise, modifying or supplementing any of the documents. 3.
“Contractor” means the person or persons with whom a Contract is entered into by the College for the performance of Work or the providing of goods and/or services.
4. “District,” “College,” “Portland Community College,” “PCC,” or “Owner” means Portland Community College District. 5. “Maintenance Manager” means Dale Hanson, or his duly appointed successor. 6. “Finance Division Manager, Procurement” means Steven J. Hopf, or his duly appointed successor. 7.
“Person” means either a natural or an artificial person and includes individuals, partnerships, corporations, and other associations.
8. “Specifications” means the directions, requirements, explanations, terms and provisions pertaining to the various features of the Work, the manner and method of bidding for the Work, the manner and method of performance of the Work, and the manner and method of payment, all as they appear in the Contract documents. B.
OWNERSHIP All bid materials received will become the property of the College.
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C.
DURATION OF BIDS 1. Each bid shall be irrevocable for a period of sixty (60) days from date of bid opening. 2. An award of a Contract to any bidder shall not constitute a rejection of any other bid.
D.
CONFLICT OF INTEREST A bidder filing a bid response thereby certifies that no officer, agent or employee of the College who has a pecuniary interest in this bid has participated in the Contract negotiations on the part of the College, that the bid response is made in good faith without fraud, collusion, or connection of any kind with any other bidder of the same call for bids, and that the bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.
E.
PUBLIC RECORDS This Invitation to Bid and each original bid response, together with copies of all documents pertaining to the award of a purchase or Contract, shall be kept by the College for a period of ten (10) years and shall be made a part of a file or records which shall be open to public inspection. If a bid response contains any proprietary information that the bidder does not want disclosed to the public or used by the College for any purpose other than evaluation of bidder’s offer, each sheet of such information must be marked with the following legend: “This data shall not be disclosed outside the College or be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the bid response. If a Contract is awarded to the bidder as a result of, or in connection with, the submission of such information, the College shall have the right to duplicate, use or disclose this information to the extent provided in the Contract. This restriction does not limit the College’s right to use information contained herein if it is obtained from another source.” The above restriction shall not include cost or price information, which must be open to public inspection.
F.
RESERVATIONS The Board of Directors of Portland Community College expressly reserves the following rights: 1.
To reject all bids.
2.
To waive any or all irregularities.
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G.
3.
To consider the competency and responsibility of Bidders in making any award.
4.
To reject bids not in compliance with prescribed procedures and requirements.
5.
To reject any bid not meeting the specifications set forth herein.
6.
To increase or decrease specified quantities by twenty-five percent (25%).
INTERPRETATION OF SPECIFICATIONS If any doubt or difference of opinion arises between the college and the Contractor as to the interpretation of this ITB, the decision of the college will be final and binding upon all parties.
H.
WARRANTY AND GUARANTEE This paragraph is applicable to new components and/or new equipment only. Upon project completion and Owner’s acceptance, Contractor shall provide the Owner with not less than three (3) bound copies of all warranties required for each item of materials where stipulated in the Contract documents. This includes all non-manufactured metal flashings at pipes, projections, and penetrations in the field.
I.
OREGON PRODUCTS In accordance with ORS 279A.120(2)(a), the College will prefer goods or services that have been manufactured or produced in this state if price, fitness, availability, and quality are otherwise equal.
J.
RECIPROCAL PREFERENCE LAW 1. The 1987 Oregon Legislative Assembly enacted a reciprocal preference law which went into effect January 1, 1988 (ORS 279A.120). This law requires public contracting agencies, in determining the lowest responsible bidder, to add a percent increase to each out-of-state bidder’s bid price which is equal to the percent of preference given to the bidder in the state in which the bidder resides. 2. “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the twelve (12) calendar months immediately preceding submission of the bid, has a business address in this state, and has stated in the bid whether the bidder is a “resident bidder” pursuant to this subsection. 3. “Non-resident bidder” means a bidder who is not a “resident bidder” as defined by 2 above.
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K.
(ORS 279A.128) PREFERENCE FOR GOODS FABRICATED OR PROCESSED WITHIN STATE OR SERVICES PERFORMED WITHIN STATE (1) As used in this section, “services” means services as defined in ORS 279A.010(1)(kk) and personal services designated under ORS 279A.055. (2)(a) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that uses public funds to procure goods or services for a public use under ORS chapter 279B may give preference to procuring goods that are fabricated or processed, or services that are performed, entirely within this state if the goods or services cost not more than 10 percent more than goods that are not fabricated or processed, or services that are not performed, entirely within this state. If more than one bidder or proposer qualifies for the preference described in this subsection, the contracting agency may give a further preference to a qualifying bidder or proposer that resides in or is headquartered in this state. (2)(b) The contracting agency by order may set a higher percentage than the percentage set forth in paragraph (a) of this subsection if the contracting agency, in a written determination to support the order, finds good cause to set the higher percentage and explains the contracting agency’s reasons and evidence for the finding. (3) Notwithstanding ORS 279C.320(1), subsection (2) of this section does not apply to emergency work, minor alterations, ordinary repairs or maintenance work for public improvements or to other construction contracts described in ORS 279C.320(1).
L.
AFFIRMATIVE ACTION Portland Community College (PCC) Board Policy: 1. PCC operates many programs to train women and members of ethnic minority groups in the building construction trades, offers these programs targeted specifically for these populations, and provides the community with qualified craftpersons available for work. 2. The PCC Board of Directors Is committed to ensuring that women and members of ethnic minority groups are represented and employed in PCC public works contracts. 3.
PCC will ask bidders for such projects to specify to what extent they intend to subcontract with or employ members of ethnic minority groups or women.
4. In addition, PCC pledges to assist all Bidders in identifying ethnic minority or
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women subcontractors or potential employees, and will conduct pre-bid educational conferences to assist ethnic minority-owned, and women-owned contractors and subcontractors in qualifying for PCC public works contracts. 5.
M.
Any Contractor who is recommended for Contract award must be prepared to demonstrate that a good faith effort has been made to include qualified Subcontractors and members of minority groups in the project team.
IMMIGRATION REFORM AND CONTROL ACT All Bidders shall comply with the provisions of the Immigration Reform and Control Act of 1986 regarding the verification of employment eligibility.
N.
MATERIAL SAFETY DATA SHEETS (MSDS) 1. Contractors providing services to the Collage shall review the Material Safety Data Sheet (MSDS) manual filed at all the College locations regarding any chemicals stored at the College which the Contractor or their employees and/or their Subcontractor(s) or their employees will use or to which they could be exposed in an emergency. 2. Contractors shall inform the executive officer at the location where services are being performed of all hazardous chemicals which they or their employees and/or their Subcontractor(s) or their employees bring upon College property, and upon request, provide the College with MSDS for such chemicals.
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SECTION IV SPECIAL BID INSTRUCTIONS AND CONDITIONS A.
POINT OF CONTACT FOR BID PROCESS All questions, clarifications and protests of bid terms, conditions, or specifications shall be in writing and directed to: Denise Jeffords, CPPB, Buyer/Contract Specialist Portland Community College P. O. Box 19000 Portland, Oregon 97280-0990
[email protected] Requests/protests must be received no later than 5:00 p.m., local time, April 28, 2014.
B.
C.
PROJECT TIMETABLE April
10, 2014
Release Invitation to Bid (ITB) document
April
28, 2014
Vendor’s written inquiries and/or protests of specifications due by 5:00 p.m., local time
May
1, 2014
Responses to inquiries will be made available for downloading from the Solicitation Opportunities link on the College’s Procurement website: http://www.pcc.edu/purchasing, by 5:00 p.m., local time
May
29, 2014
Bids due no later than 2:00 p.m., local time
June
6, 2014
June
19, 2014
For PCC Board of Directors consideration to award, if necessary
June
25, 2014
Award of Contract effective (or as soon as possible thereafter)
Recommendation of award submitted to College President, if necessary
METHOD OF SUBMITTING BIDS - MANDATORY 1.
Each bid shall be sealed in an opaque envelope addressed and delivered as follows:
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(U.S. MAIL DELIVERY)
(HAND DELIVERED)
Denise J. Jeffords, CPPB Buyer/Contract Specialist SY CSB 314 Portland Community College P. O. Box 19000 Portland, Oregon 97280-0990
Denise J. Jeffords, CPPB Buyer/Contract Specialist Portland Community College Sylvania Campus, College Serv. Bldg., Room 314 12000 SW 49th Avenue Portland, Oregon 97219
Facsimile bid responses will not be accepted The name and address of the firm and title of the bid, identical in wording to that appearing on the cover of these specifications, must appear on the outside of such envelope or box. Firms mailing their bid shall allow normal mail delivery time to insure timely receipt of their bids by the issuing office. Bids not arriving by the deadline will not be considered. Time extensions will not be granted. The Portland Community College Board of Directors reserves the right to reject any and all bids and to waive irregularities. 2.
Bids shall be submitted on the bid form sheets attached hereto.
3.
The bid form, included herein, shall be signed with ink or indelible pencil, as follows: a.
In the case of an individual bidder, by such individual bidder.
b.
In the case of a partnership, the name of the partnership must appear upon such bid, and it shall be signed in the name of such partnership by at least one of the partners. In addition to such signature, the names of all partners shall be stated in such bid.
c.
In the case of a corporation, the corporate name shall be subscribed to by the president or other managing officer, and there shall be set forth, under the signature of such officer, the name of the office he holds or the capacity in which he acts for such corporation.
4.
Bidder’s signature on the bid response also certifies that the bidder has read and fully understands all bid specifications, terms and conditions. No consideration will be given to any claim resulting from bidder without comprehending all requirements of the bid document.
5.
Bids shall be filed within the time specified in the announcement of call for bids. Under no circumstances will a bid be considered if filed after the hour therein specified.
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D.
6.
Bid prices entered upon bid form, attached, shall represent the bidder’s net price per unit after all trade and cash discounts have been deducted.
7.
Bid responses shall not contain any erasures or corrections unless each change is initialed by the bidder.
8.
Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the College prior to bid closing. Bids may also be withdrawn in person prior to bid closing upon presentation of appropriate identification.
METHOD OF AWARD 1.
To be considered, Bidders must complete and return the Bid Form (Appendix A); the References Form (Appendix B); the Completed Residency Statement Form (Appendix ‘C’); the First-Tier Subcontractor Disclosure Form, if applicable (Appendix ‘D’); the Completed Intergovernmental Cooperative Purchasing Agreement Form (Appendix ‘E’); and proof that the Contractor is licensed and bonded by the State of Oregon. Bidder’s must also include warranty(ies) for their materials; professional certifications they hold, and provide qualifications and certifications of their employees who will be on the project team assigned to work under this contract. Bidder’s must include a statement as to their capacity to respond to emergency needs and scope of projects working with an academic calendar.
2. Bids will be evaluated, and unless all Bids are rejected, an award will be made to the Bidder whose Bid results in the lowest overall ownership cost or “best value” as it is determined by ORS 279.015(5). The evaluation may result in the award being made other than to the lowest priced Bid. 3. Bidder shall bid the hourly rate to charge for each service category, for each job classification. 4. Bid calculation methodology for completing the Bid Form, Appendix ‘A’, is as follows (the Bid Form contains four (4) categories): a. Category 1 – Preventive Maintenance Costs Category 2 – Load Test Costs Category 3 – Labor Cost Category 4 – Materials and Handling b. Bids will be evaluated based on the above four (4) categories as well as experience on projects of similar scope and size as those required by this ITB. Experience will be rated from the References Form (Appendix ‘B’), which must be returned with the Bid.
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c. Bidders shall submit hourly billing for Category 3, which must include all costs involved in successfully completing the project(s). d. Bidders shall submit percentage over cost figures for Category 4. All percentages must be in round numbers, i.e., 8% NOT 8.5%. e. For Bid award purposes, the College has established the percentage of usage (weighted factor) of preventive maintenance costs, load test cost, labor, materials, equipment rental and sub-contracting. These percentages shall be used to determine weighted totals and calculate total rates. Example of rate calculation:
Category 1
Preventive Maintenance Costs
Category 2
Load Test Costs Category 3 Technician Category 4 Materials, Equipment Rental, Subcontractors
Weighted Factor (% of usage)
25 %
Sub-total from page 1 of the Bid Form x
$400
Weighted Factor (% of usage) 25 % Weighted Factor (% of usage) 25 %
$10,000
Total
x
$480 Hourly Rate
x
Weighted Factor 25
Total
$ 25
$12,000 Total 625
% Over Cost x
10%
Grand Total rate:
250
22,875
f. Bidder will then add the totals for Categories 1, 2, 3, and 4 to come up with the grand total rate. The grand total rate calculation will be used as a portion of the determination for award. References provided by the Bidder will also be used in the determination for award. g. If the Bidder makes an error in its calculation, the hourly rates entered by the Bidder will take precedence, and the College will re-calculate the amounts to arrive at the grand total rate for award.
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5. The Contract resulting from this ITB will be awarded on an “all-or-none” basis. All items must be offered in order for a bid response to be considered. Individual contracts will not be awarded for specific items. 6. The College reserves the right to reject any or all of the Bids if the College, in its sole discretion, determines it is in the best interest of the College to do so. E.
BIDDER EXPERIENCE AND REFERENCES 1. The College needs to Contract with a qualified Contractor to provide the General Maintenance and Repair of Emergency Power Supply Systems requested in this ITB. Bidders must provide current or recent references (within the past five years) demonstrating experience at three separate locations where they provided goods or services comparable in size and scope to those specified in this ITB. Use the References Form provided (Appendix B). 2. The College will attempt to contact references listed. All references contacted will be asked the same questions related to their satisfaction with the services performed by the Bidder. 3. The Contractor shall provide laborer and journeyman personnel, well stocked with the necessary miscellaneous tools, materials and equipment required for general maintenance, repairs, and load testing. 4. Contractor personnel shall be totally experienced in all facets of Maintenance and repair of Emergency Power Supply Systems work including but not limited to, preventive maintenance, and load testing.
F.
OWNER OCCUPANCY 1. PCC is in the business of education and the College’s first priority is to those who come to PCC for educational opportunities. The College may ask the Contractor to alter the way it is conducting its Work, so that it does not impact PCC operations more than anticipated. That may require the Contractor to use methods other than those which were originally planned, i.e., do Work on off-hour times and/or schedule Work at a later time. 2. Portland Community College may be in session during the time period scheduled for the Work. The Contractor shall cooperate fully with staff members of PCC throughout the course of performing the work to ensure that the Work required by any Contract shall be scheduled and contained as to cause minimum disruption to operations and activities. The College retains the right to occupy portions of the project area and areas adjacent to the project area during the construction period. 3. Contractor shall take direction from authorized members of the Facilities Management Services Staff only. If other members of the College community attempt to direct the
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Work of the Contractor in any way, bring this matter to the attention of authorized persons immediately. 4.
Existing utilities are not to be disrupted in areas being utilized by the College. If the utilities must be disrupted, Contractor shall give twenty-four (24) hours notice to the College, and shall coordinate with PCC to work around the College’s schedule. Duration of shut-downs shall be approved by the College.
5. Certain demolition activities as well as other construction activities may generate high noise levels. Contractor shall coordinate with the College so adverse impacts are limited to those times which cause the least disruption to the Owner. G.
WORKMANSHIP 1. All Work or any College project shall be performed by craftsmen skilled in the trade involved in compliance with manufacturer’s warranty methods and requirements. 2. No one shall be employed in connection with the Work who is not skilled in the particular Work to which that person is assigned. Should the College deem that anyone on the Work is without the skill necessary to perform the Work assigned in a workmanlike manner, the Contractor, upon notification thereof, shall remove that person immediately from the Work and shall not assign that person to the College Work.
H.
SAFETY 1. Associated General Contractors of America, Inc. “Manual of Accident Prevention in Construction,” Workers’ Compensation Board “Safety Code for Construction Work,” Oregon State Employment Act Safety Requirements, and Occupational Safety and Health Act (OSHA) requirements, as applicable, apply to Work done for the College. 2.
Since College employees, students, and the public are expected to occupy and use PCC facilities while Work is being completed, Contractor shall exercise special care to see that all necessary and prudent steps are taken for the protection of all parties at all times. Safety and safe conduct of the Work are the Contractors responsibility.
3. Contractor is responsible for fall protection and all personal protective equipment (PPE) for his/her employees. I.
PROJECT COORDINATION AND ACCESS Access to various work areas, and staging areas for Contractor activities and materials storage, will be coordinated with the College through designated College representatives.
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J.
TEMPORARY POWER The College will pay for any electrical power used by the Contractor during the construction period. The Contractor shall pay all cost for extending electrical power from the point of connection, to the area of intended use. The Contractor shall provide all extension cords, electrical devices, etc., required for the Work. All such temporary Work must meet code and be installed in a safe manner.
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SECTION V GENERAL CONTRACT CONDITIONS
A.
GENERAL STATUTORY PROVISIONS CONCERNING PUBLIC CONTRACTS PCC has adopted the Community College Rules of Procurement, dated February 24, 2005, (copy on file in the Purchasing Office) which shall be applicable to all College Contracts.
B.
LAW OF STATE OF OREGON The Contract which results from this Invitation to Bid (ITB) will be entered into within the State of Oregon, and the law of said state, whether substantive or procedural, shall apply to this Contract, and all statutory, charter and ordinance provisions that are applicable to public contracts in the State of Oregon shall be followed with respect to any resultant Contract.
C.
NON-ASSIGNABILITY AND SUBCONTRACTING Neither the Contract nor any interest of the Contractor herein can be transferred to any other person or persons without the written consent of the College, and any such attempted transfer shall be utterly void and may be treated by the College as a willful failure or refusal on the part of the Contractor to perform the Contract according to its terms and conditions. Further, the Subcontracting of any portion of a public improvement or service Contract shall be subject to College approval of both the Subcontracting itself and the Subcontractor(s) the Contractor proposes be utilized.
D.
METHOD OF PAYMENTS 1. Applications for payment shall be made in writing and reference Purchase Order number assigned for this contract as well as the work order assigned at the time of service. 2. The College must accept all materials furnished before applications for payment will be approved. 3. The College must approve and accept invoices before payment will be made. 4.
E.
Payments will be made within thirty (30) days of completion of service or delivery, or upon College’s approval of received invoice, whichever is later.
CONTRACT TERMINATION 1. Notice of cancellation: The Contract resulting from this ITB may be
25
cancelled by either party with thirty (30) days written notice. 2. Default of Contractor: Time and the strict and literal performance on the part of the Contractor of every term and condition of the Contract as specified in the Contract documents are of the essence. Upon the willful failure or refusal on the part of the Contractor to perform any such term or condition, the College, at its election, without prejudice to any other right or remedy, may cause the same to be performed by others, and any additional cost on account thereof shall be reimbursed forthwith by the Contractor. 3. Non-Appropriation of Funds: The Contract may be cancelled in whole or in part if funding for the project is not appropriated. Should such cancellation become necessary, the College shall provide the Contractor written notice of such nonappropriation. F.
DEPARTURES FROM TERMS OF CONTRACT No direction or approval given by the College or any representative of the College which deviates in any respect from the specifications or other Contract documents shall be valid or recognized unless and until the same is reduced to writing and issued in the form of a written order over the signature of an authorized representative of the College so as to become a Contract document as hereinbefore defined.
G.
EQUAL EMPLOYMENT All Contractors doing Work with the College shall comply with the Provisions of Executive Order 11246 (30 F.R. 12319-25) regarding Equal Employment Opportunity.
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SECTION VI SPECIAL CONTRACT CONDITIONS A.
CONTRACT PERIOD Contract shall commence July 1, 2014 (or as soon as possible thereafter) and end June 30, 2015 with an option to renew on an annual basis for four (4) additional one (1) year periods. The decision to renew the Contract shall be based upon the satisfaction of the College with Contract performance, the financial advisability of continuing the Contract without re-bidding, and subject to the availability of funds. The total term of the contract shall not exceed five (5) years.
B.
BONDING Bid and performance bonds will not be required on this bid.
C.
INSURANCE REQUIREMENTS During the term of this Contract, Contractor shall maintain in force at its own expense, each insurance noted below: 1. Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers’ compensation coverage for all their subject workers (Contractors with one or more employees, and as defined by ORS 656.027); 2. General Liability insurance with a combined single limit of not less than $1,000,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this Contract, and shall provide that PCC, its officers, agents, and employees are Additional Insured but only with respect to the Contractor’s services to be provided under this Contract; 3. The College has increased the general liability insurance requirement for its construction contracts. The general liability minimum aggregate has been increased to $3,000,000.00. 4.
Automobile Liability insurance with a combined single limit of not less than $1,000,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable;
5. Notice of cancellation or change. There shall be no cancellation, material change reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to the Procurement Department;
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6.
Certificates of Insurance. As evidence of the insurance coverage required by this Contract, the Contractor shall furnish acceptable insurance certificates to the Purchasing Department prior to its issuance of a purchase order. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retention’s and/or self-insurance.
7. Contractor shall furnish proof to the Procurement Department that Contractor is licensed and bonded by the State of Oregon. D.
INDEMNITY AGREEMENT The Contractor agrees to indemnify, defend and save the College harmless from and against any and all claims, demands and causes of action (including attorney’s fees and other expenses incident thereto) for loss of or damage to property or injury to or death of any person, regardless of when such loss, damage, injury or death occurs, if such is caused in whole or in part by any act or omission of the Contractor or any of its Subcontractor’s done or omitted to be done in or about or in connection with the Work the Contractor has agreed to perform. Should the College be required to defend itself for any such claim before the Contractor undertakes such defense Contractor agrees to reimburse the College for such cost.
E.
PAYMENT FOR SERVICE 1.
The College shall make progress payments to the Contractor for services rendered on a monthly basis.
2.
The College shall retain the right to withhold progress payments if Contractor violates any provisions of the Contract until such violation is remedied.
3. Billings must be submitted within thirty (30) days of services rendered or completion of project. F.
INVOICES 1.
All invoices must provide the following: a. Campus name and building name or number, as well as the purchase order number, and the work order number. b. Invoices must be broken out to provide total hours worked, cost per hour, and total labor cost. All material (including rental equipment) invoices must be attached to the invoice and line itemized on the invoice. All service tickets signed daily by the PCC contact must be attached. c. If invoice is for a quoted service, it must be broken out to show individual location of equipment serviced and reflect quoted cost for the service.
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d. Flat fee maintenance services when invoiced, must include breakdown of parts used for service, i.e., quarts of oil, filter, part numbers, etc., for each generator. No cost on invoices for flat fee maintenance material or equipment are required. G.
CODES, ORDINANCES, REGULATIONS AND PERMITS 1.
Contractor shall be licensed by the State of Oregon to do the Work required under this contract.
2. Contractor shall comply with all applicable requirements of County and State of Oregon Departments of Health, and Environmental Quality. 3. All items or services to be furnished hereunder shall meet all applicable State and Federal requirements of the Occupational Safety and Health Standard (See Appendix ‘H’ for PCC procedures and policies as references). 4. Contractor shall obtain and maintain in current status all applicable permits and licenses. 5. All College Work shall comply with ADAAG guidelines (ADA) for access by the physically disadvantaged. 6. No equipment of any type may be sold, installed or otherwise used in the State of Oregon by state law unless it bears a U.L. label or has otherwise been approved. Therefore no equipment may be furnished and installed on College property unless it has required U.L. labels and/or other acceptable documented approvals. Any Contractor doing Work on College property must obtain any and all permits and approvals necessary for conduct of the Work and must deliver to the College all sign-offs and approvals showing Work can be used and utilized by the College as was intended. If equipment or Work does not meet all approvals, Contractor shall remove it at no cost to the College and pay all cost related to replacement. H.
PROJECT RECORD DRAWINGS Upon completion but prior to final acceptance of the Work, deliver record documents (with changes and corrections noted thereon) to the College for permanent records, if applicable.
I.
LIABILITY FOR DAMAGES TO MACHINERY OR EQUIPMENT The College shall not accept any liability or responsibility, in whole or in part, for any damage which may be sustained by any PCC machinery or equipment; or injury to any employee, agent, representative, assignee or guest of the Contractor, regardless of cause.
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J.
INDEPENDENT CONTRACTOR STATUS Contractor shall be an Independent Contractor for all purposes and shall be entitled only to the compensation provided for in this Agreement. Under no circumstances shall the Contractor be considered an employee of the College. Contractor shall provide all tools and equipment necessary to carry out this Agreement, and shall exercise complete control in achieving the desired results specified in the Scope of Work. Contractor is solely responsible for its performance under this Agreement and the quality of Work; for obtaining and maintaining licenses and certifications necessary to carry out this Agreement; for payment of any fees, taxes, royalties, or other expenses necessary to complete the Work except as otherwise specified in the Scope of Work; and for meeting all other requirements of Law in carrying out this Agreement. Contractor shall identify and certify tax status identification numbers through execution of IRS form W-9 prior to submitting any request for payment to the College.
K.
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT 1.
Pursuant to ORS 279A and Portland Community College’s Procurement Rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s) under the terms and conditions of the resultant Contract.
2.
Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor’s obligation to Portland Community College. Any estimated purchase volumes listed herein do not include other public agencies, and Portland Community College makes no guarantee as to their participation.
3.
Any bidder, by written notification included with their solicitation response, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies (see Appendix ‘E’).
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SECTION VII SCOPE OF WORK AND SPECIFICATIONS A.
INTENT 1. The College intends to enter into a one-year Contract, with an option to renew on an annual basis for four (4) additional one-year periods, with the successful Bidder for Maintenance and Repair of Emergency Power Supply Systems, and for new installation. The decision to renew the Contract shall be based upon the satisfaction of the College with Contract performance, the financial advisability of continuing the Contract without re-bidding, and subject to the availability of funds. The total term of the contract shall not exceed five (5) years. Contractors must be available to make emergency repairs, in a timely manner, on a twenty-four (24) hour basis.
B.
SCOPE OF WORK 1.
The Contractor shall be responsible for Maintenance and Repair of Emergency Power Supply Systems, which includes but is not limited to preventative maintenance on the generators, on the automatic transfer switches (ATS), annual load testing services on emergency generators, building load testing with the ATS transferred and the generator providing power to the building load, and measurements of the building load on each leg at various PCC District locations, and for new installation. Contractor will be required to furnish all labor, equipment and supplies necessary to provide service as outlined in this solicitation, for preventive maintenance and annual load testing services on emergency power supply systems utilizing diesel engines as the prime mover in accordance with the terms, conditions and performance requirements specified herein.
2. Nothing in the Contract resulting from this Invitation to Bid shall provide the Contractor exclusive rights to such Contracted services as may be required by the College. The College reserves the right to obtain bids from other firms for specific jobs and to select any firm for a given job, based on the best interest of the College. C.
EQUIPMENT TO BE SERVICED & LOAD TESTED Location
Building
Brand
Willow Creek 241 SW Edgeway Drive Beaverton, OR 97006
Willow Creek
Caterpiller Olympian
31
K.W. 50
Location Newberg Center 415 E Sheridan Newberg, OR 97132
Building
Brand
Prairie Training Center
Cummins
K.W. 20
Rock Creek Campus 17705 NW Springville Rd. Portland, OR 97229
2
Caterpiller Olympian MOD #D100P1_1 SER OLY00000PNP01282
100
Rock Creek Campus 17705 NW Springville Rd. Portland, OR 97229
7
Onan MOD #35DGBB69750B SER 6940548994
35
Rock Creek Campus 17705 NW Springville Rd. Portland, OR 97229
9
Caterpiller Olympian MOD #D30P3 SER OLY00000JNPF03192
30
Sylvania Campus 12000 SW 49th Avenue Portland, OR 97219
PAC, CT, BK, LRC
Caterpiller MOD #D200P4 SER OLY00000ENNS01130
200
Sylvania Campus 12000 SW 49th Avenue Portland, OR 97219
HTA, HTB
Caterpiller MOD #D90P1 SER OLY00000CNPS01344
90
Sylvania Campus th 12000 SW 49 Avenue Portland, OR 97219
AM, SS, ST, SCB, TCB
Caterpiller MOD #DGDB-4961075 SER F010251075
100
Caterpiller MOD #9DR05031 SER ESO-BCSQD
350
Sylvania Campus 12000 SW 49th Avenue Portland, OR 97219
CC
Sylvania Campus th 12000 SW 49 Avenue Portland, OR 97219
HP, PSB
Caterpiller MOD #D60P3 SER OLY00000LNPF03067
60
Cascade Campus 705 N Killingsworth Portland, OR 97217
JH, TEB
Generac MOD #3191690100 SER 2072382
20
Cascade Campus 705 N Killingsworth Portland, OR 97217
PSEB
Caterpiller MOD #D20P1-1 SER OLY00000CNPT00391
20
Cascade Campus 705 N Killingsworth Portland,, OR 97217
PE
Caterpiller MOD #D25P1-1 SER OLY00000CNPT00382
25
Cascade Campus 705 N Killingsworth Portland, OR 97217
SSB
Kohler 20 MOD #20R0ZP-71 SER
25
32
Location
Brand
K.W.
Cascade Campus 705 N Killingsworth Portland, OR 97217
ARTS
Caterpiller MOD #D30P3 SER OLY00000TNPF04094
30
Cascade Campus 705 N Killingsworth Portland, OR 97217
TH
Caterpiller MOD #D30P3 SER OLY00000VNPFO3955
50
MTH, MSH
Caterpiller MOD #D50P3 SER OLY00000ANPF01611
50
Southeast Center 2305 SE 82nd Avenue Portland, OR 97266
D.
Building
NUMBER OF TRANSFER SWITCHES CONNECTED TO EACH GENERATOR Location
Building
Newberg
Prairie Training Center
2
Willow Creek
2
Rock Creek Campus
2
1
Rock Creek Campus
7
1
Rock Creek Campus
9
1
Willow Creek
No. of Transfer Switches
Sylvania Campus
PAC, CT, BK, LRC
4
Sylvania Campus
HTA, HTB
2
Sylvania Campus
AM, SS, ST, SCB, TCB
5
Sylvania Campus
CC
1
Sylvania Campus
HP, PSB
2
Cascade Campus
JH, TEB
2
Cascade Campus
PSEB
1
Cascade Campus
PE
1
Cascade Campus
SSB
1
Cascade Campus
ARTS
1
Cascade Campus
TH
1
Southeast Center
MTH, MSH
33
2
E.
F.
SERVICES TO BE PROVIDED 1.
All preventive maintenance and testing services to be performed in accordance with NFPA 110, NFPA 111, and the manufacturers guidelines.
2.
Service provider to include all required lubricants, oils, greases, coolants, and filters for oils and coolants as part of these preventive maintenance services. All drained oils and coolants shall be disposed of at contractor’s expense and in accordance with DEQ requirements.
3.
Service provider shall complete an inspection report that outlines the services that have been supplied during each servicing of the generator. A copy of this report shall be submitted within one week of date service was performed, to the attention of Facilities Management Services Department, Maintenance Manager, Portland Community College, 12000 SW 49th Avenue, Portland, Oregon 97219. The Maintenance Manager may be reached at 971-722-8487.
4.
If issues or problems are discovered with any of the equipment during maintenance or testing, the Technician is to contact the Maintenance Manager as well as the PCC Contact via e-mail to alert them of the issue(s), as well as a recommendation for repair. If issue will keep the emergency system from functioning, the technician should call PCC contact immediately and propose a fix for the issue, as well as approximate costs. Work for repairs may be directed to proceed on an emergency basis from there.
5.
Refer to the maintenance schedule included herein as Appendix ‘G’. for specific annual and semi-annual requirements.
CHANGE IN SERVICE SPECIFICATIONS (AMENDMENTS) The Contractor shall contact PCC at any time the Contractor feels that changes or modifications in the performance specifications or requirements would result in improved services. Major modifications which would involve a change in services or a change in the scope of work shall be made by mutual consent of all parties through a written amendment to the contract. Amendments are subject to PCC approval.
G.
SCHEDULING OF WORK 1.
The Contractor shall notify the Maintenance Manager or his/her designated representative at least five (5) working days prior to any regularly scheduled maintenance requirement. This call will solidify dates of work and any modifications needed in regard to the maintenance. The Contractor will notify the PCC Maintenance Manager in writing and verbally of any maintenance nearing an “overdue” state.
34
2.
H.
Preventive maintenance work may be accomplished at the time and hours previously arranged with the Maintenance Manager or his/her designated representative.
TOOLS, EQUIPMENT & SUPPLIES TO BE FURNISHED BY CONTRACTOR All tools, equipment, machines, labor and supplies necessary for the performance of the job are to be provided by the Contractor.
I.
J.
PERFORMANCE STANDARDS AND PROVISIONS 1.
Contractor shall perform all services required by this contract within the time specified, unless prearranged.
2.
All services shall be provided in the most highly professional manner, and in accordance with industry standards.
3.
Unless the means or methods of performing a task are specified elsewhere, Contractor shall employ methods that are generally accepted and used by the industry.
CLEAN UP The Contractor shall clean up all work site debris daily and remove from the premises, or place in Contractor supplied trash containers. Failure to do so, requiring the College to perform any clean up will result in either Contractor being billed for the cleanup costs, or costs being deducted from the Contractors final payment.
K.
SUBCONTRACTING 1.
All Subcontracting shall be subject to the approval of the College. No list of Subcontractors approved by the College may be changed or departed from except as consented to by the College in writing. Whenever the College consents to the substitution of one Subcontractor for another, if any reduction in cost to the Contractor results therefrom, the amount thereof shall be passed on to the College as a reduction in the amount to be paid to the Contractor for the performance of the Work.
2.
The Contractor shall be wholly responsible for the performance of all Subcontractors and for their acts and omissions, and those of persons either directly or indirectly employed by them, to the same extent as for the acts and omissions of persons directly employed by the Contractor, and the fact that Subcontractors are subject to the approval of the College shall not affect the Contractor’s responsibility in this regard.
3.
The Contractor shall bind every Subcontractor to all terms and conditions anywhere contained in the Contract documents as far as applicable to the Work of such Contractor so that the Subcontractor assumes toward the Contractor and toward
35
the Work all the obligations and responsibilities that the Contractor assumes toward the College as to the performance of the Subcontractor’s portion of the Work. 4. Nothing contained in the Contract documents shall be construed to create any Contract between the College and any Subcontractor’s. 5.
L.
M.
Subcontracts must be let pursuant to applicable Oregon Statutes and Administrative Rules.
APPRENTICES, LABORERS, AND JOURNEYMEN 1.
The College encourages the use of apprentices by the Contractor, so long as 1) total job/project cost is not increased in doing so, and 2) proper professional and/or craft supervision of Work performance is maintained.
2.
The Contractor shall provide laborer and journeymen personnel, well stocked with the necessary miscellaneous tools, materials and equipment required for general maintenance, repairs, and load testing.
3.
Contractor personnel shall be totally experienced in all facets of General Maintenance of Emergency Generator Back-Up Power Systems work including but not limited to, preventive maintenance, and load testing.
NON-INTERFERENCE WITH SCHOOL 1.
Contractor’s use of the site shall be limited to the area indicated and as described herein. The entire Work shall be executed in a manner which will not interfere with the continued free and comfortable use of the existing structures, walks and grounds for school purposes.
2. Existing driveways and entrances shall remain clear and available to College personnel, students, and the general public at all times. These areas shall not be used for parking or storage of materials except by direct permission of college designated personnel. 3. Contractor shall not encumber the site with materials or equipment. Contractor shall confine stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is necessary, Contractor shall obtain and pay for such storage offsite at no additional cost to the College. 4.
Contractor shall provide the means necessary to adequately mitigate any nuisances such as noise, odors, and dust.
5. All Contractors shall refrain from any behavior which is disruptive to students or staff.
36
N.
TEMPORARY CONSTRUCTION CLOSURES 1. Contractor shall provide scaffolding, staging, planking, runways, guardrails, and other temporary construction necessary in the proper performance of the Work. This requirement shall not be construed as precluding the joint use of such temporary construction; but shall require that the Contractor specifically arrange for such joint use if such is to be the case. 2.
Contractor shall provide and maintain all temporary closures, barricades or other protective devices as necessary to ensure the safety of students, faculty, visitors and construction personnel as a result of roofing activities and to allow access as required for continuing activity.
3. All temporary construction included herein shall be in compliance with all laws, rules, and regulations of the Industrial Safety and Accident Commission, the insurance carriers, local ordinances, and other authorities of competent jurisdiction. O.
P.
VEHICLES AND PARKING 1.
Parking will be limited to the area designated by the Owner. When parked in PCC lots, Contractor’s employees are responsible for parking fees applicable to the site.
2.
Automotive vehicles such as passenger cars and trucks, and other mechanized equipment are to be locked and/or disabled when parked and unattended to prevent unauthorized use. Vehicles or equipment shall not be left unattended with the motor running or the ignition key in place.
COLLEGE RESPONSIBILITIES 1.
Reservations: The College reserves the right to obtain bids from other firms for specific jobs and to select any firm for a given job.
2. The College reserves the right to supply or specify materials, equipment and subcontracting. . 3. The College also reserves the right to reject any materials it determines are satisfactory in quality, texture and/or content. Q.
REIMBURSEMENT 1.
The College shall reimburse the Contractor for the following: a.
Preventive Maintenance Costs - as specified in Appendix ‘A’, Category 1.
b.
Load Test Costs - as specified in Appendix ‘A’, Category 2.
37
2.
R.
c.
Labor – as specified in Appendix ‘A’, Category 3.
d.
Materials – those items actually becoming the property of the College – as specified in Appendix ‘A’, Category 4
The College shall not reimburse the Contractor for the following: a.
Supplies - items used in the performance of the work are not materials within this definition, and will not be purchased by the College.
b.
Tools and tool maintenance shall be provided by the Contractor, and the costs therefore must be recovered through the “percentage over cost”, submitted on Appendix ‘A’, Category 4.
c.
Mileage – Contractor’s mileage and vehicle costs will be the responsibility of the Contractor. The hourly rate bid will be all inclusive. Vehicular costs are an overhead item incurred by the Contractor.
CONTRACTOR RESPONSIBILITIES 1.
2.
Interaction with PCC for service calls and scheduled maintenance: a.
Technician who will be performing the work will plan and schedule site visits with PCC contact as identified by PCC Maintenance Manager;
b.
Technician performing the work will check in and out daily (including for lunch breaks) or each time he enters and leaves the site, with the job contact. Technician will state if he is coming back as well as approximate date and time he will be returning and what state he left the job (i.e., is the equipment operational, partially operational, non-operational, etc.);
c.
Upon leaving for the day, the technician will provide a service ticket to be signed daily by the PCC contact, that describes the work performed, current state of the equipment (operational, partially operational, etc.), how many hours of work he Has in for the day, when he is going to return, any difficulties or issues encountered, if the project is on schedule, etc., as required to fully describe the work for the day. A copy of this service ticket will be left with the PCC contact.
Compliance with applicable requirements All work shall be in compliance with current Federal, State, City of Portland, other local codes, and the Amercians with Disabilities Act.
38
3.
Materials The Contractor shall make every reasonable effort to obtain materials at the lowest possible cost commensurate with quality and delivery requirements, and shall follow State Statures and Administrative Rules applicable to public bodies when subcontracting and purchasing materials.
4.
5.
6.
Emergency/Designated Personnel a.
After Contract award, the Contractor shall designate one (1) Project Coordinator and one (1) additional person to be contacted in case the project coordinator is not available. The Project coordinator shall be the sole contact person between College and Contractor, and will be responsible for communication and coordination of all work assignments, including emergency responses. Contractor shall furnish emergency twenty-four (24) hour telephone numbers for both the Project Coordinator and the additional person if coordinator is not available.
b.
In case of area wide disaster, the College shall have priority for emergency responses required at PCC by the Contractor.
Fire Safety a.
Contractor shall perform all Work in a fire-safe manner and supply and maintain adequate first aid and fire fighting equipment capable of extinguishing incipient fires.
b.
Contractor shall comply with applicable local and state fire prevention regulations and where the regulations do not cover, with applicable parts of the National Fire Prevention Standard for “Safeguarding Building Construction Operations,” (NFPA No. 241).
Conditions concerning payment, contributions, liens, withholding. In compliance with ORS 279B.220 Contractor shall: a. Make payment promptly, as due, to all persons supplying labor or material for the performance of the Work provided for in the Contract. b. Pay all contributions or amounts due the Industrial Accident Fund from the Contractor or Subcontractor incurred in the performance of the Contract. c. Not permit any lien or claim to be filed or prosecuted against the College on account of any labor or material furnished. d. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
39
7.
Condition concerning payment for medical care and providing workers’ compensation. In compliance with ORS 279B.230 Contractor shall: a. Promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services. b.
8.
All subject employers working under the Contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.
Condition concerning hours of labor. In compliance with ORS 279B.235 Contractor shall: a. Pay employees for overtime work performed under the Contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
S.
COLLEGE APPROVED VARIED HOURS OF LABOR If it is determined by the College that adjusted hours of labor would best serve the College, that arrangement can be approved by the Maintenance Manager or his duly appointed College Representative.
T.
REIMBURSEMENT AND INVOICE SUBMISSION 1.
In costing materials, and equipment rentals for submission to the College, the raw cost paid by the Contractor shall be the basis for reimbursement calculation; however, this cost shall be prior to any cash discounts.
2.
The Contractor shall submit to the College with the actual lowest (true) billings, invoices to substantiate costs on materials, equipment rentals, including any and all applicable rebates.
3.
The Contractor shall provide to the College for each billing, detail on labor hours and rates charged for each class of workmen, broken down by the job specified by the College. Contractor shall also detail all material purchased associated with the job performed and include a copy of the invoice from the material vendor. The same applies to equipment rentals. These invoices will be attached to the Contractors invoice to PCC, or the Contractor will not be paid for these charges.
4.
Invoices for work will be submitted in a timely manner. Invoices will be submitted within two weeks of the completion of the work.
40
U.
5.
All invoices will have a job name, a work order number, and the purchase order number.
6.
Invoices will provide total hours worked, cost per hour, total labor cost. All material (including rental equipment) invoices will be attached to the invoice and line itemized on the invoice. All service tickets signed by the PCC contact will be attached. Any required documents (as required under the heading, “Services to be Provided”) will also be attached.
MANUALS This paragraph is applicable only to any new equipment that may be provided as a result of a quoted service. All instruction manuals (manufacturer’s manuals) shall be provided by the successful bidder for all equipment to be furnished under any contract awarded as a result of this solicitation.
V.
TRAINING The successful bidder will be required to provide instruction in the proper operation of all equipment to selected College employees. If requested, this will be charged to PCC at the hourly rate allowed.
W.
SERVICE REQUIREMENTS 1.
Maximum service response time shall be four (4) working hours. In the event repairs cannot be completed within eight (8) working hours of the first service call, loaner equipment or outside services with equitable pro-rata credit may be required of the Contractor. Only Contractors with factory-authorized and trained service personnel will be considered.
2.
All equipment shall have a decal or other suitable label indicating whom the College should contact for service. The decal shall include the name, address and telephone number of the service point.
3.
Maintenance costs are to be included in rental charges stated, to include all parts (including drums or like transfer material), labor and transportation costs. No additional maintenance costs above those included in rental costs will be accepted during the life of the Contract.
41
APPENDIX ‘A’
BID FORM
MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS
(TO BE RETURNED)
42
Page 1 of 5
Company Name:
APPENDIX ‘A’ MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS BID FORM (To be returned) The Undersigned hereby bids to furnish to Portland Community College all materials, services and labor necessary to perform all Work for Portland Community College in strict accordance with the terms, conditions and requirements as specified in the Invitation to Bid and agreed upon. 1.
BID PRICING
CATEGORY 1: LOCATION Willow Creek Newberg Center
BUILDING
PREVENTIVE MAINTENANCE COSTS
Willow Creek
$
Prairie Training Ctr.
$
Rock Creek Campus
2
$
Rock Creek Campus
7
$
Rock Creek Campus
9 PAC, CT, BK, LRC
$
$
Sylvania Campus
HTA, HTB AM, SS, ST SCB, TCB
Sylvania Campus
CC
$
Sylvania Campus
HP, PSB
$
Cascade Campus
JH, TEB
$
Cascade Campus
PSEB
$
Cascade Campus
PE
$
Cascade Campus
SSB
$
Cascade Campus
ARTS
$
Cascade Campus
TH
$
Sylvania Campus Sylvania Campus
Southeast Center
$
$
MTH, MSH
$
SUB-TOTAL OF CATEGORY 1: 43
$_____________
Page 2 of 5
CATEGORY 2: LOCATION Willow Creek Newberg Center
BUILDING
LOAD TEST COSTS
Willow Creek
$
Prairie Training Ctr.
$
Rock Creek Campus
2
$
Rock Creek Campus
7
$
Rock Creek Campus
9
$
Sylvania Campus
PAC, CT BK, LRC
$
Sylvania Campus
HTA, HTB
$
Sylvania Campus
AM, SS, ST, SCB, TCB
$
Sylvania Campus
CC
$
Sylvania Campus
HP, PSB
$
Cascade Campus
JH, TEB
$
Cascade Campus
PSEB
$
Cascade Campus
PE
$
Cascade Campus
SSB
$
Cascade Campus
ARTS
$
Cascade Campus
TH
$
Southeast Center
MTH, MSH
$
SUB-TOTAL OF CATEGORY 2:
44
$_____________
Page 3 of 5 Weighted Factor (% of usage)
Category 3
Hourly Rate
Technician
25
x
$
Laborer
25
x
$
Weighted Factor (% of usage)
Category 4
Total
Percentage (%) over cost
Materials
20
x
%
Equipment
05
x
%
Sub-Contracting
05
x
%
SUB-TOTAL OF CATEGORIES 3 AND 4:
_____________
GRAND TOTAL (Categories 1, 2, 3 & 4):
_____________
Rates for Additional Services: Hourly Rate for Regular Time
$____________
Hourly Rate for Overtime
$____________
Note: For instructions and example of the calculation methodology see Section IV, Paragraph D 4 e 2.
ADDENDA Addenda _____ through _____ received. REQUIRED).
3.
(If Addenda were issued, completion of this line is
BID SECURITY Required
X
Not Required
Enclosed is bid security for not less than ten percent (10%) of the total bid amount. 45
Page 4 of 5 4.
PERFORMANCE AND PAYMENT BOND Required
X
Not Required
The Undersigned agrees, if awarded a Contract, to execute and deliver to Portland Community College, within ten (10) days after the receipt of Notice of Award of the Contract, a satisfactory performance and payment bond in an amount equal to one hundred percent (100%) of the Contract Amount. In addition, Certificates of Insurance for the coverage specified in the bid document must be submitted at the same time. 5.
CONTRACT EXECUTION X
Required
Not Required
The Undersigned agrees that the bid security accompanying this bid response (if applicable) is left in escrow with the Owner, that the amount thereof is the measure of liquidated damages which the Owner will sustain as a result of the failure of the Undersigned to execute and deliver the above named Contract and performance and payment bond; and that if the Undersigned defaults in either executing the Contract or providing a performance and payment bond within ten (10) days after forms are provided to him/her, then the bid security may become the property of the Owner at the Owner’s option; but if this bid is not accepted within forty-five (45) days of the submission date, or if the Undersigned executes and timely delivers said Contract and performance and payment bond, the bid security shall be returned. 6.
PREVAILING WAGES (BOLI) RATES Required
X
Not Required
The Undersigned agrees, pursuant to ORS 279.350, that workers in each trade or occupation employed in the performance of any Contract awarded hereunder either by the Prime Contractor or any subcontractor, or any other person doing or contracting to do the whole or any part of the work, shall be paid not less than the minimum hourly wage rate set forth in the document entitled “Prevailing Wage Rates for Public Works Contracts in Oregon,” effective January 1, 2002, as issued by the State of Oregon, Bureau of Labor and Industries. 7.
MINORITY AND WOMEN-OWNED SUBCONTRACTOR PARTICIPATION a. The Undersigned certifies that he/she will subcontract _____ percent of the total Contract amount to ethnic minority-owned subcontractors. b. The Undersigned certifies that he/she will subcontract _____ percent of the total Contract amount to women-owned subcontractors. c. The Undersigned agrees that if he/she is selected to perform the Work, he/she shall, by the close of the next working day following such notification, submit to the College a listing of names of minority-owned and women-owned subcontractors who will be used and the nature and dollar amounts of their participation.
46
Page 5 of 5 8.
CONSTRUCTION CONTRACTORS BOARD REGISTRATION X
Required
Not Required
Pursuant to ORS 671.530, bidders must be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board prior to submitting bids for public improvement projects. Construction Contractors Board Registration Number ___________________ Expiration Date ________________ 9.
STATE OF OREGON OFFICE OF MINORITY, WOMEN & EMERGING SMALL BUSINESS (OMWESB) CERTIFICATION If your firm is currently certified by OMWESB in any of these categories, please indicate that certification. Minority Business Enterprise (MBE) Women Business Enterprise (WBE) Emerging Small Business (ESB)
10. BIDDER’S SIGNATURE AND IDENTIFICATION I hereby certify that this quotation is genuine and that I have not entered into collusion with any other vendor(s) or any other person(s). Please print or type all information requested below (except where signature is required) and attach Bid Security (if required) to this form: Name of Proprietor, Partnership, or Corporation:
Signature of Proprietor, Partner, or Corporate Officer:
______________________________ Company Name ______________________________ Street Address ______________________________ Mailing Address ______________________________ City, State, and Zip Code ______________________________ Phone Number ______________________________ Employer ID Number
______________________________ Signature ______________________________ Printed Name and Title ______________________________ Date Signed If Corporation, Attest: _______________________________ Secretary of Corporation _______________________________ State of Incorporation
47
APPENDIX ‘B’
REFERENCES FORM
(TO BE RETURNED)
48
Page 1 of 2 APPENDIX ‘B’ REFERENCES FORM for MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS (Must be Returned) LIST A MINIMUM OF THREE (3) REFERENCES DEMONSTRATING YOUR PAST EXPERIENCE WITH PROJECTS IN SIMILAR SIZE AND SCOPE TO THIS ITB. 1) Company Name: _____________________________________________________ Address: ___________________________________________________________ Contact Name/Title/Phone #: ___________________________________________ Dates of Service: Contract Amount:
____________ To ____________ $____________________
Description: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
2) Company Name: _____________________________________________________ Address: ___________________________________________________________ Contact Name/Title/Phone #: ___________________________________________ Dates of Service: Contract Amount:
____________ To ____________ $____________________
Description: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
49
Page 2 of 2 APPENDIX ‘B’ REFERENCES FORM (Continued) 3) Company Name: _____________________________________________________ Address: ___________________________________________________________ Contact Name/Title/Phone #: ___________________________________________ Dates of Service: Contract Amount:
____________ To ____________ $____________________
Description: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
4) Company Name: _____________________________________________________ Address: ___________________________________________________________ Contact Name/Title/Phone #: ___________________________________________ Dates of Service: Contract Amount:
____________ To ____________ $____________________
Description: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
50
APPENDIX ‘C’
RESIDENCY STATEMENT FORM
(TO BE RETURNED)
51
Page 1 of 2 APPENDIX ‘C’ RESIDENCY STATEMENT (TO BE RETURNED)
BID TITLE: BID DUE DATE:
MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS 2:00 p.m., Local time, Thursday, May 29, 2014
COMPANY NAME: Each bidder (offeror) must read and comply with the following appendices. Failure to do so may result in bid/proposal/quote (offer) rejection. ORS 279A.120(2) states "For the purposes of awarding a public contract, a contracting agency shall: (b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides." ORS 279A.120(a) states "Non-resident bidder" means a bidder who is not a "resident bidder" as defined below. ORS 279A.120(b) states "Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a "resident bidder". a. Check one: Bidder is a ( ) resident bidder ( ) non-resident bidder. b. If a resident bidder, enter your Oregon business address: __________________________________________________________ __________________________________________________________ c. If a non-resident bidder, enter state of residency: _____________________ d. If a non-resident bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state's government or with other governmental bodies in your state? Check one: ( ) Yes
( ) No
52
Page 2 of 2 APPENDIX ‘C’ RESIDENCY STATEMENT (Continued) (TO BE RETURNED)
If yes: state the preference percentage: ________________________% If yes, but not a percentage of bid/proposal price, describe the preference: ___________________________________________________________________ If yes, state the law or regulation that allows the preference described (legal citation): ________________________________________________
53
APPENDIX ‘D’
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(TO BE RETURNED)
54
Page 1 of 1 APPENDIX ‘D’ FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (To Be Returned, if Applicable) PROJECT NAME:
MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS
BID #: BID CLOSING: Date:
N/A March 20, 2014
Time:
2:00 p.m.
This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)
NAME 1)_____________________________
DOLLAR VALUE $__________
CATEGORY OF WORK _______________________
_______________________________
___________
_______________________
2)_____________________________
$__________
_______________________
_______________________________
___________
_______________________
3)_____________________________
$__________
_______________________
_______________________________
___________
_______________________
4)_____________________________
$__________
_______________________
_______________________________
___________
_______________________
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. Form submitted by (bidder name): __________________________________ Contact name: _______________________________________ Phone no.: ________________________
55
APPENDIX ‘E’
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT FORM
(TO BE RETURNED)
56
Page 1 of 1 APPENDIX ‘E’ INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT FORM (TO BE RETURNED WITH BID) BID TITLE:
MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS
DUE DATE:
2:00 p.m., Local time, Thursday, May 29, 2014
COMPANY NAME:
Pursuant to ORS 279A and Portland Community College’s Procurement Rules, other public agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor(s) under the terms and conditions of the resultant Contract. Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor’s obligation to Portland Community College. Any estimated purchase volumes listed herein do not include other public agencies, and Portland Community College makes no guarantee as to their participation. Any bidder, by written notification included with their solicitation response, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies.
Will your company participate in Intergovernmental Cooperative Purchasing? [ ] Yes
[ ] No
If no, please explain below (use an additional sheet of paper if more space is needed) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ________________________________ Signature
___________________________ Title
________________________________ Printed Name
___________________________ Date 57
APPENDIX ‘F’
SAMPLE AGREEMENT
58
SAMPLE AGREEMENT “NOT TO EXCEED AGREEMENT” BETWEEN OWNER AND CONTRACTOR for MAINTENANCE AND REPAIR OF EMERGENCY POWER SUPPLY SYSTEMS
THIS AGREEMENT, made this ______ day of __________, 2014 by and between Portland Community College, 12000 S.W. 49th Avenue, Portland, Oregon 97219, hereinafter called the Owner, and __________________________________ __________________________________ __________________________________ hereinafter call the Contractor. In consideration for the promises and other considerations set forth below, the parties agree as follows: 1.
Term and Contract Sum. This Agreement shall be effective July 1, 2014 (or as soon as possible thereafter) and shall remain in effect through June 30, 2015 with an option to renew on an annual basis for four (4) additional one (1) year periods. The decision to renew the Contract shall be based upon the satisfaction of the College with Contract performance, the financial advisability of continuing the Contract without re-bidding, and subject to the availability of funds. The total term of the Contract shall not exceed five (5) years. The College will pay the Contractor in current funds for the Contractor’s performance of the Work a not-toexceed amount of ______________________________________ Dollars ($________________) ($ __________annual estimate), based on the fees bid by the Contractor, included herein as Attachment ‘B’.
2.
Scope of Work. Contractor shall provide all Work for the College per the Invitation to Bid Document and Addenda, if any, issued prior to the execution of this Agreement. All Work shall be provided by the Contractor in accordance with the Invitation to Bid (included herein as Attachment ‘A), and as quoted on Appendix ‘A’, Bid Form (included herein as Attachment ‘B’), and shall be provided in a competent and professional manner.
3.
Insurance Requirements. A. Contractor shall purchase and maintain at the Contractor’s expense, the following types of insurance, covering the Contractor, its employees, and agents: Page 1 of 5
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1) Broad form comprehensive general liability insurance covering bodily injury and property damage, with automatic coverage for premises, operations and product liability, in an amount of not less than $1,000,000.00. The policy must be endorsed with contractual liability coverage; and, 2) The College has increased the general liability insurance requirement for its construction contracts. The general liability minimum aggregate has been increased to $3,000,000.00. 3) Automobile bodily injury and property damage liability insurance in an amount of not less than $1,000,000.00. B. The College, its elected officials, department, employees, and agents shall be named as Additional Insureds. Notice of any material change of policy cancellation shall be provided to the College thirty (30) days prior to the change or cancellation. C. The Contractor, its Subcontractors, if any, and all employers working under this Agreement that are subject employers under the Oregon Workers’ Compensation coverage for all their subject workers. The Contractor shall provide the College with certification of Workers’ Compensation insurance including employer’s liability. If the Contractor has no employees and will perform the Work without the assistance of others, certificate to that effect may be attached as Exhibit I-WC(r), in lieu of the certificate showing Workers’ Compensation. 4.
Indemnification. The Contractor shall indemnify and hold the College, its agents, employees and elected officials harmless from any and all claims, demands, damages, actions, losses and expenses, including attorney’s fees, arising out of or in any way connected with its performance of this Agreement, or any patent infringement or copyright claims arising out of the use of the Contractor’s designs or other materials by the College and for any claims or disputes involving Subcontractors.
5.
Maintenance of Records. The Contractor shall maintain all of its records relating to the ITB on a generally approved accounting basis and allow the College the opportunity to inspect and/or copy such records at a convenient place during normal business hours. All required records shall be maintained by the Contractor for three (3) years after the College makes final payment and all other pending matters are closed.
Page 2 of 5
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6.
Ownership of Documents. All documents of any nature including, but not limited to, reports, shop drawings, datasheets, and sketches produced by the Contractor pursuant to this Agreement are the property of the College, and it is agreed by the parties that such documents are works for hire. The Contractor hereby conveys, transfers, and grants to the College all rights of reproduction and the copyright to all such documents.
7.
Project Information. The Contractor shall share all project information and fully cooperate with the College, informing the College of all aspects of the project including actual or potential problems or defects. The Contractor shall abstain from releasing any information or project news without the prior and specific written approval of the College.
8.
Independent Contractor Status. The Contractor shall be an Independent Contractor for all purposes and shall be entitled only to the compensation provided for in this Agreement. Under no circumstances shall the Contractor be considered an employee of the College. The Contractor shall provide all tools or equipment necessary to carry out this Agreement, and shall exercise complete control in achieving the desired results specified in the ITB. The Contractor is solely responsible for its performance under this Agreement and the quality of its Work; for obtaining and maintaining all licenses, permits, and certifications necessary to carryout this Agreement; for payment of any fees, taxes, royalties, or other expenses necessary to complete the Work except as otherwise specified in the ITB; and for meeting all other requirements of law in carrying out this Agreement. The Contractor shall identify and certify tax status and identification numbers through execution of IRS Form W-9 prior to submitting any request for payment to the College.
9.
State and Federal Law Constraints. Both parties shall comply with the public contracting provisions of ORS Chapter 279 to the extent those provisions apply to this Agreement. All such provisions required to be included in this Agreement are incorporated herein by reference. The Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations including those of the Americans with Disabilities Act.
10.
Situs. The situs of this Agreement is Portland, Oregon. Any litigation over this Agreement shall be governed by the laws of the State of Oregon and shall be conducted in the Circuit Court of the State of Oregon, for Multnomah County, or, if jurisdiction of proper, in the U.S. District Court for the District of Oregon. Page 3 of 5
61
11.
Agreement. This Agreement is binding on each party, its successors, assigns, and legal representatives and may not, under any circumstances, be assigned or transferred by either party.
12.
Termination. This Agreement may be terminated by mutual consent of the parties. In addition, the College may terminate this Agreement by giving the Contractor thirty (30) days prior written notice of intent to terminate, without waiving any claims or remedies it may have against the Contractor. Termination’s shall not excuse payment for expenses incurred prior to notice of termination, but neither party shall be liable for indirect or consequential damages arising form termination under this section.
13.
No Waiver of Claims. The failure to enforce any provisions of this Agreement shall not constitute waiver by the College of that or any other provision.
. 14.
Merger Clause. This Contract and the attachments herein constitute the entire Agreement between the parties. All understandings and Agreements between the parties and representations by either party concerning this Contract are contained in this Contract. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given
15.
Payment of Laborers In accordance with ORS 279B.220, Conditions concerning payment, contributions, liens, withholding, Contractor shall: a.
Make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the Contract.
b. Pay all contributions or amounts due the Industrial Accident fund from the Contractor or Subcontractor incurred in the performance of the Contract. c.
Not permit any lien or claim to be filed or prosecuted against the state or a county, school District, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.
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d. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 16.
Payment of Medical Care and Providing Workers’ Compensation In accordance with ORS 279B.230, Conditions concerning payment for medical care and providing workers’ Compensation, Contractor shall
17.
a.
Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services.
b.
All subject employers working under the Contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.
Hours of Labor In accordance with ORS 279B.235, Conditions concerning hours of labor, Contractor shall: a.
15.
Pay employees for overtime work performed under the Contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
Signature Page I have read this Contract including the Attachments included herein. I certify that I have the authority to sign and enter into this Contract. I understand the Contract and agree to be bound by its terms
Portland Community College:
Contractor:
By: _____________________________ Signature
By: __ Signature
Steven J. Hopf, Finance Division, Procurement
Printed Name and Title
Printed Name and Title
________________________________ Phone Number Date
__________________________________ Phone Number Date
Page 5 of 5 63
APPENDIX ‘G’
MAINTENANCE SCHEDULE
64
APPENDIX ‘H’
PCC OUTSIDE CONTRACTOR SAFETY AND HEALTH HAZARD CONTROL NOTIFICATION POLICY
68
PCC
CHAPTER 18 PCC OUTSIDE CONTRACTOR SAFETY AND HEALTH HAZARD CONTROL NOTIFICATION POLICY CHAPTER CONTENT
PAGES
POLICY
1
RESPONSIBILITIES
2
PROCESS OVERVIEW
2
SPECIFIC PROGRAM REVIEW
3
A.
Informing Contractors of Hazard Communication Program
3
B.
Asbestos Material Notification
3-4
C.
Hazardous Waste Notification
4
D.
Informing Outside Contractors of the Hazardous Energy Control Program
5
E.
Informing Outside Contractors of the Confined Space Plan and Known Space Hazards
5
F.
Hot Work - Welding Permission System
6
Appendix A: CONTRACTOR NOTIFICATION PROCESS CONTRACTOR NOTIFICATION HAZARD ASSESSMENT CONTRACTOR CONFINED SPACE NOTIFICATION CHECKLIST CONTRACTOR CONFINED SPACE POST ENTRY DEBRIEFING
Outside Contractor Safety and Health Hazard Control Notification Policy
Chapter 18 Content
Chapter 18
PCC
PCC OUTSIDE CONTRACTOR SAFETY AND HEALTH HAZARD CONTROL NOTIFICATION POLICY POLICY Oregon OSHA regulations requires notification of outside contractors regarding safety programs for Hazard Communication, Asbestos, Hazardous Waste, Hazardous Energy Control and Confined Space. In addition to these basic requirements all outside contractors performing work at the college will be notified of the basic Emergency Action Plan and college safety rules. Contractors who are hired to perform maintenance work involving the need to control hazardous energy or enter confined spaces will be informed of the programs and the associated hazards that the plant services staff is aware of. The notification is not designed to take over the contractor's safety responsibilities to his or her employees but to provide appropriate notification under the Oregon OSHA rules. Appendix A provides the contractor notification information including: notification checklists for the overall safety rules, control of hazardous energy, and confined space entry, asbestos, and hazardous waste. PCC managers that are responsible for the outside contract will ensure that this material is provided to the contractor, and that the contractor completes a signed statement. Safety and occupational health questions should be directed to the Safety & Risk Services Manager. This policy applies to all contractors hired including, but not limited to: construction, electrical, confined space entry contractors, and bulk chemical haulers.
Chapter 18 – PCC Outside Contractor Safety and Health Hazard Control Notification Policy
rev. 8/00, page 1
Chapter 18
PCC
RESPONSIBILITIES: 1. Physical Plant Director and Managers: The Physical Plant Director, generally, has the overall responsibility for construction and electrical contractors. It is the Director's or Project Manager’s responsibility to review the Safety Guides and obtain signed statements from the contractor representatives. If there is any joint work done between the contractor and PCC employees it is the manager's responsibility to see that proper Energy Control Procedures are carried out. The Project Manager is responsible for keeping a contractor's file and if the same contractors are used for an on-going period of time the notification will be updated on an annual basis. 2. Safety & Risk Services Manager The Safety & Risk Services Manager is to assist to PCC management which includes: • • • •
Ensuring that the safety policies and updated, Specific safety questions are responded to, Audits the Contractor Notification system, Assists in ensuring that contractors follow PCC polices and do not endanger PCC employees.
PROCESS OVERVIEW The contractor notification process flow: 1. The Project Manager is to determine scope of contractor work and prepare an adequate contract or purchase order for the services. 2. Select the contractor and provide the scope of work and the Contractor Safety Guide and the Emergency Operation Desk Procedure. 3. PCC Project Manager reviews the Contractor Safety Guide and the Emergency Operation Desk Procedure. This is ensuring that the contractor and employees acknowledge the information by signing the acknowledgment letter. 4. Copy of the acknowledgment letter is provided to Safety & Risk Services Manager and a copy is retained in the contractor's file. 5. The Project Manager is responsible to conduct periodic follow-up with the contractor representative to ensure the safety of PCC employees and that contractor is operating in a safe manner.
Chapter 18 – PCC Outside Contractor Safety and Health Hazard Control Notification Policy
rev. 8/00, page 2
Chapter 18
PCC
SPECIFIC PROGRAM REVIEW A. Informing Contractors of Hazard Communication Program When outside contractors perform work in the college facilities the Project Manager will ensure that the contractor management representative is informed of any hazardous chemicals and needed controls. 1. The following methods will be used to inform outside contractors of the potential chemical hazards in their work areas: a. Hazardous chemicals to which they may be exposed while on the job site. b. Precautions the employees may take to lessen the possibility of exposure. c. Location of MSDS for chemicals they are potentially exposed to. 2. Temporary Service employees will be trained in the same manner as permanent PCC employees. 3. If additional information is needed the Safety & Risk Services Manager should be contacted for assistance. 4. The contractor will be provided with the Contractor Safety Guide and the Emergency Operation Desk Procedure . The acknowledgment form is to be signed by the Contractor's representative. A copy of the signed checklist is to kept by Safety & Risk Services Manager and kept as part of the contract file. (See Appendix A) If the contractor is bringing in hazardous materials then the Project Manager will ensure that the contractor has all the pertinent MSDS at the job site. The Safety & Risk Services manager’s office must be notified of the location of the job site MSDSs. B. Asbestos Material Notification When outside contractors perform work in the college facilities or for building renovation, remodeling where asbestos building materials may be present the hiring manager (usually, the Physical Plant Director) will ensure that the contractor management representatives are informed of the present of asbestos building materials. This will include ensuring that an assessment is done to determine if an asbestos abatement project must be done first. The following methods will be used to inform outside contractors of the presence of asbestos containing building materials: 1. The Physical Plant Director will ensure that the asbestos control manager ( the Safety & Risk Services Manager) is informed of the planned work.
Chapter 18 – PCC Outside Contractor Safety and Health Hazard Control Notification Policy
rev. 8/00, page 3
Chapter 18
PCC
2. Safety & Risk Services manager will review the plans with the contractor to determine the scope of the work assessing the potential for contact with asbestos containing materials. 3. If asbestos materials will be disturbed or need to be removed the Safety & Risk Services Manager will arrange for a licensed asbestos abatement contractor to perform the work prior to the other contracting operation. 4. Safety & Risk Services Manager will audit the asbestos abatement project work to ensure that the project is done safely and per Oregon OSHA rules. 5. The asbestos abatement contractor will also be provided with the Contractor Safety Guide and notification of pertinent hazard informational checklists are to be signed by the Contractor's representative. A copy of the signed checklist is to kept by Safety & Risk Services Manager and kept as part of the contract file. (See Appendix A) C. Hazardous Waste Notification
When outside contractors perform work in the physical plant involving removal and disposal of hazardous waste the project manager is the Safety & Risk Services Manager. The procedures used are to meet DEQ/EPA requirements. The following methods will be used to inform outside contractors of the potential chemical hazards in their work areas: 1. Safety & Risk Services manager will only contract with licensed Hazardous Waste haulers and dispose of materials only in permitted methods. 2. Safety & Risk Services Manager will ensure that the hazardous waste contractor’s employees are trained in the required DEQ and OSHA programs and are informed as to the materials that are being collected, hauled and disposed of. 3. Safety & Risk Services Manager will ensure that all the proper DEQ/EPA and DOT paper work is prepared and available for all the parties involved as required. 4. The contractor will be provided with the Contractor Safety Guide and notification of pertinent hazard informational checklists are to be signed by the Contractor's representative. A copy of the signed checklist is to kept by Safety & Risk Services Manager and kept as part of the contract file. (See Appendix A)
Chapter 18 – PCC Outside Contractor Safety and Health Hazard Control Notification Policy
rev. 8/00, page 4
Chapter 18
PCC
D. Informing Outside Contractors of the Hazardous Energy Control Program 1. When outside contractors are hired at PCC to work on machines and equipment, their activities may require that hazardous energy be controlled, as a result, a copy of PCC procedures will be given to that contractor and a mutually agreed upon procedure established concerning the lockout/tagout devices that will be used to protect employees and the contractor's workers. This coordination will help to ensure that all of PCC employees know what kind of work is to be performed, where and when it is to be performed, and how they are being protected. 2. Project Manager will identify the energy isolating devices for the contractor, as necessary. The contractor’s employees will be responsible to lockout all devices capable of locking or place a energy control tag on or as near the device as possible. 3. A copy of the contractor notification letter and hazard information will be provided and a signed copy shall be returned to PCC and kept as part of the contract file. (See Appendix A) E. Informing Outside Contractors of the Confined Space Plan and Known Space Hazards. 1. If a contractor is hired to perform confined space entry work then the Project Manager and/or Safety & Risk Services Manager shall see that the contractor's management representative is notified of PCC’s Confined Space Policy and the known hazards associated with the space. This notification is to ensure that the company complies with rule 1910.146 (c)(8) of the Confined Space regulations. If we contract for confined space entry work as the host employer the Department doing the hiring is responsible to: a. Inform the contractor that a permit required space is involved in the work. This includes information about any chemicals in the space per Hazard Communication requirements. b. Apprise the contractor of the hazards PCC has identified and any experience employees have had with the space. c. Apprise the contractor of any precautions PCC’s employees have taken for entry. d. Coordinate entry operations with the contractor if more than one contractor or if PCC’s employees will also be entering the space. e. Debrief the contractor to determine if any problems were encountered requiring changes in procedures. 2. A copy of the contractor notification letter and hazard information will be provided and a signed copy shall be returned to PCC and kept as part of the contract file. (See Appendix A)
Chapter 18 – PCC Outside Contractor Safety and Health Hazard Control Notification Policy
rev. 8/00, page 5
Chapter 18
PCC
F. Hot Work - Welding Permission System 1. When outside contractors are hired at PCC and their work involves welding, it is the Project Manager’s responsibility to see that the contractor uses a hot work permit process to ensure that all fire hazards are controlled. The hot work permit is required to be done by the contractor and available to PCC Project Manager or Safety & Risk Services Manager. The permit will not be required if the welding is done in a welding shop area. 2. Project Manager will provide the contractor with the basic form required by PCC. If the contractor has their own hot work permit and system that can be used as long as it is done and available. (See Appendix A)
Chapter 18 – PCC Outside Contractor Safety and Health Hazard Control Notification Policy
rev. 8/00, page 6
Chapter 18
PCC
APPENDIX A SAFETY FOR CONTRACTORS
The following document is to be provided to outside contractors and the pertinent information is to be reviewed by Portland Community College Project Manager (normally, the Physical Plant Director or designee) and signed statement(s) from the contractor representative is to be obtained. Send or provide a copy of the signed state to the Safety & Risk Services Manager and retain a copy in the contractor's file. For on-going contractors an annual updated copy and review is to be done and documented.
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 1
Portland Community College CONTRACTOR NOTIFICATION PROCESS Contractor’s advisement of the college’s safety requirements
POLICY PCC Project Manager’s are responsible for ensuring that proper contractor notification is provided and that the contractor signs off on the notification form. This policy applies to all contractors hired including, but not limited to: construction, electrical and confined space entry contractors, consultants in all areas and departments. It is the Project Manager’s responsibility to evaluate the project and see that appropriate safety notification is provided. The Project Representative is also responsible to obtain signed statements from the contractor representatives that they were provided the information. The Project Manager is responsible for forwarding copies of the signed notification forms to the Safety & Risk Services Manager for inclusion in the Contractor Safety File. If the same contractors are used for an on-going period of time the notification may be made on a one-time basis annually.
CONTRACTOR NOTIFICATION PROCESS The contractor notification process flow requires the Project Manager to determine the nature of the work by reviewing the Hazard Assessment Inventory and outlining any additional notifications provided to the contractor. The contractor representative and PCC Project Manager sign the Assessment Form. A copy is given to the contractor and copy is forwarded to the Safety & Risk Services Manager for inclusion in the Contractor Safety File. Any questions about specific PCC hazards can be directed to the Safety & Risk Services Manager.
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 2
CONTRACTOR NOTIFICATION HAZARD ASSESSMENT
To ensure Oregon OSHA required contractor safety notification is done, PCC Project Manager must complete and provides the following information based on the scope of the work activities. Project Name/ID#: ______________________________Date: ___________________ Contractor & Representative: ______________________________________________ PCC Project Representative: ______________________________________________ Description of the Project: ________________________________________________
The following PCC Project Hazard Assessment is intended to be reviewed by the PCC Project Manager with the Contractor’s project manager for planned project work prior to initiating the project. Depending on the size and scope of the project, it may be advisable to schedule daily Pre-Start Safety Meetings. Note: NA = not applicable to the project Item
NA
Notified
Safety Issue/Description
1.
Accident Prevention Program: • Written plan • Name of Person Responsible for Plan at Site • Name of PCC Contact:
2.
Confined Space Entry will be part of the project (if so complete separate pre and post confined space notification forms).
3.
Work involves potential Asbestos/Lead exposure: • Provide Copy of the Asbestos/Lead Location Sample Data: • Questions Regarding Asbestos /Lead Locations directed to PCC Safety & Risk Services Manager: Chris Ells
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
Comments regarding discussion with contractor
rev. 8/00, page 3
Item
NA
Notified
Safety Issue/Description
Comments regarding discussion with contractor
4.
Emergency Medical and First Aid Program • Emergency Telephone Dial 9-911 for Outside Emergency Services • Medical Facility Location: ______________ • Contractor responsible for their own first aid personnel & supplies • Eye Wash/Safety Shower Location: ______
Describe location of nearest medical facilities and eye wash/shower facilities
5.
Emergency Evacuation Alarm System. • Review building alarms for fire or other emergency evacuation. • Review Emergency Action Desk Procedure and Postings • Safe Assembly Area Locations • Play alarm tape for contractor
6.
Hazard Communication Program • Material Safety Data Sheets: PCC MSDS on computer available from the Project Manager. • HMIS Labeling: Explain PCC secondary Labeling • Special Department Procedures: Hazards related to a specific location. • Contractor MSDS locations for products used at PCC • Chemical Approvals prior to use.
7.
Electrical Safety Issues • Assured Grounding Program Required • Panels Labeled and Covered • Lock out/Tag out Program (copy of PCC program provided as needed.) • Competent Person Designation
8.
Fire Protection Needs: • Hot work permit (welding operations) • Work affects the fire suppression system and/or the alarms. • Location of Fire Extinguishers • Building Fire Suppression • Fire Lane Blockage
9.
Flammable Liquids • Ensure Safe Storage Locations • Safe Disposal Practices
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 4
Item
NA
Required
Safety Issue – Description
10.
Use of Forklifts, Cranes, and Other Equipment • Safety Procedures to ensure safety of PCC students and staff. • No unauthorized use of PCC equipment • Use of Back-up alarms
11.
Hazardous Energy Control (Lockout) Will this project require energy control, if so, review PCC’s lockout program and arrange for notification regarding forms of energy and lockout points?
12.
Housekeeping • Project Expectations • Final Cleanup • Disposal of Hazardous Materials
13.
Personal Protective Equipment Requirements to be in Plant Facilities
14.
Scaffolds Use: • Competent Person’s Name • Inspection program • Barricading Work Zone
15.
Work Zone Hazard Notification: Will the work require signs & barricades Use of Mobile Cranes
Comments
LIST: Type required at PCC work location:
PCC PROJECT MANAGER’S NAME Reviewed
Date
CONTRACTOR REPRESENTATIVE Reviewed
Date
PROJECT STARTING DATE_______________PROJECT COMPLETION: _______________
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 5
Safety Notification Confined Space Entry CONTRACTOR CONFINED SPACE NOTIFICATION CHECKLIST
LOCATION OF SPACE:__________________________________________Date: _________ The following information outlines the basic features and safety control issues that PCC Safety & Departmental staff is aware of. There may be other hazards or conditions created by the Contractor. It is imperative that the contractor follow the OSHA Permit Required Space rules 1910.146. CHECKLIST OF SAFEGUARDS HAZARDS & RECOMMENDED SAFEGUARDS Isolation: 1. Electrical 2. Mechanical 3. Other
__________________________________________________________ __________________________________________________________ __________________________________________________________
Hazardous Work: 1. Welding/Burning/Open Flame _______________________________________________ 2. Electrical Work _____________________________________________________ 3. CHEMICALS __________________________________________________________ Special Requirements: 1. Lock-outs __________________________________________________________ 2. Lines Disconnected _____________________________________________________ 3. Vessel/Tank Purge - Flush & Vent __________________________________________ 4. Ventilation __________________________________________________________ 5. Secure Area __________________________________________________________ 6. Lighting __________________________________________________________ 7. Communication _____________________________________________________ 8. Fire Extinguishers _____________________________________________________ 9. Emergency Egress Procedures ____________________________________________ 10. Other _________________________________________________________________ Personal Protective Equipment Needed 1. Harness & Life Line ________________________________________________ 2. Respirator ________________________________________________ 3. Eye Protection ________________________________________________ 4. Hearing Protection ________________________________________________ 5. Protective Clothing ________________________________________________ Atmosphere Tests - Contractor List type of air testing that will be performed. ___________________________________________________________________________
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 6
Confined Space Notification Checklist: page 2
Contractor’s Emergency Response Information Needed: 1. Phone Number and Location of Nearest telephone __________________________ __________________________________________________________________ 2. Name of First Aid Person & Location of Nearest First Aid Kit __________________________________________________________________ __________________________________________________________________ 3. Emergency Rescue Plan __________________________________________________________________ ______________________________________________________________ ________________________________________________________________ __________________________________________________________________ __________________________________________________________________
________________________________________________________ ________________ Contractor Representatives Date
________________________________________________________ ________________ PCC Project Representative:
Date
CC: PCC Safety & Risk Services Manager Physical Plant Contractor Safety File
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 7
Safety Notification Post Confined Space Debriefing CONTRACTOR CONFINED SPACE POST ENTRY DEBRIEFING Contractor Representative _________________________________________________ LOCATION OF SPACE: ____________________________________________________ Date of Confined Space Entry Work ___________________________________________ PCC’s Representative: ____________________________________________________ The following information is based on the confined space conditions and any noted problems during the entry work. This information will be used to update the PCC’s confined space policy and procedures. This debriefing is required by the OSHA Permit Required Space rules 1910.146. POST ENTRY DEBRIEFING NOTES: Entry Methods – Any problems noted including any additional hazards not anticipated:
Confined Space Work Procedures Inside Space – Any Problems Noted:
Rescue Procedures Appropriate:
Any requirement changes in the overall entry protocol?
Please sign as the contractor’s designated representative and return it to the PCC Project Representative.
Name of Contractor: ________________________________________________________________________ Signature/Title Date CC: PCC Safety & Risk Services Manager Physical Plant Contractor Safety File
Chapter 18, Appendix A – PCC Contractor Safety Guidelines Policy
rev. 8/00, page 8
