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HomeMy WebLinkAboutProtest of Intent to Award - Jail Control SystemsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-196() (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of Wednesday, July 23, 2008 Please see directions for completing this document on the next page. DATE: July 16, 2008 FROM: Susan Ross Property & Facilities 383 6713 TITLE OF AGENDA ITEM: Consideration of Protest Filed by Simplex Grinnell on Award of Contract for Adult Jail Control Systems Project PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: On July 9, 2008, the Board of Commissioners issued a Notice of Intent to Award Contract for the adult jail security electronics remodel. The County intended to award the contract to Justice Systems Corporation (Justice Systems). The apparent low bidder, Simplex Grinnell, was deemed nonresponsive for the following reasons: 1. The subcontractor disclosure form was not submitted in a separate envelope as required by the bid instructions. Instead, it was included with the bid in one package. 2. It failed to include the unit pricing spreadsheet as required by Section 28 00 00, 1.15, of the specifications manual. 3. The three addenda were not acknowledged and included as part of the bid submittal as required by Addendum C. - Simplex Grinnell's protest is included here as Attachment A. - Simplex Grinnell's bid submittal is included as Attachment B. - Sections of the specifications manual, which includes the formal Invitation to Bid, and sections of issued addenda are included here as Attachment C. 1. Subcontractor Disclosure Form in Separate Envelope Simplex Grinnell, in its protest, states that since they were permitted to submit their subcontractor disclosure form within two hours of bid opening, the fact that they did not place this form in a separate invelope "should not be a major point of contention." The contracting agency (County) has the authority to determine the form in which proposals must oe submitted. Bidders who object to such requirements are obligated to raise objection by protesting the solicitation. Bidders may not wait until after the award to protest the solicitation requirements. In Attachment C, there are at least six references to the requirement that the subcontractor disclosure form be submitted in an envelope separate from the bid. See highlighted passages on pages 1, 3, 5, and 7. Pages 5 and 6 contain statements that the subcontractor disclosure form is to be submitted in the n annex as specified in the Invitation to Bid and that failure to do so "will result in rejection of the bid as nonresponsive." Simplex Grinnell may also suggest that it has substantially complied with the bid submittal requirements and that the County may waive this irregularity. While the model public contracting rules authorize the County to waive minor informalities (assuming this issue constitutes a minor informality), the County is not obligated to do so. 2. Unit Pricing The Technical Specifications for this project, Division 28, required submittal of certain unit prices. The reason the unit pricing is so critical is because the County needs established prices for the duration of the project and that change orders would be based upon these unit prices. Simplex Grinnell states that the break-out of line items is "hidden" in the Division 28 specifications and that the line item pricing was not included in the list of required documents in Section 00300 (page 8 of attachment C). The unit pricing requirement, Section 1.15, and entitled, "UNIT PRICING" followed Section 1.14, Alternate Bid, which Simplex Grinnell addressed, as it submitted the required alternate bids. See page 10 of Attachment C. The purpose of Section 00300 is to provide the actual forms bidders are to use in their submittal. A form was not provided for the unit pricing because Section 1.15 of Division 28 00 00 required the unit pricing to be submitted in "tabular form on a spreadsheet..." Simplex Grinnell asserts that one other bidder likewise failed to include line item (unit) pricing and that it was therefore reasonable to assume that in completing only the bid forms listed in Section 00300, that its bid was responsive. There are two responses. First, the failure to submit unit prices as required is not a minor informality, as it is likely the parties will encounter modifications to the contract in the future. The Model Public Contracting Rules, OAR 137.047-0640(1)(b)(F) states: The Contracting Agency shall reject an Offer upon the Contracting Agency's finding that the Offer ...Is not in substantial compliance with the Solicitation Document. Second, the Attorney General's commentary on the Model Public Contracting rules states: "Although contracting agencies are authorized to reject offers that fail to substantially comply with the soliciation documents and with all prescribed procurement procedures,... an offeror frequently will not receive notice that it submitted a defective offer in instances when that offer would not, in any event, have been the successful offer. Rather than undertaking the additional task of rejecting the offers, agencies frequently treat these offers simply as "losing" offers. Therefore, the fact that a contracting agency did not reject an unsuccessful offer does not constitute a representation or indication by the contracting agency that the offer was in compliance with the solicitation document or with prescribed procurement procedures, and offerors cannot rely on the fact that earlier offers were not rejected as an indication that their offers were acceptable." 3. Failure to Submit Addenda with the Bid Addendum C (page 11 of Attachment C) provided in part: "Each addendum is to be signed to acknowledge receipt and submitted with the bid packet." Simplex Grinnell admits that it failed to submit signed copies of the addenda with its bid. Simplex Grinnell responds that since its bid refers to the three addenda and that the bid signature mage includes a hand written note, "Includes Addenda's A, B, & C," this minor issue should be waived. As noted in the discussion about item 1 above, while the model public contracting rules authorize the County to waive minor informalities (which includes this type of error), the County is not obligated to do so. Additional basis for rejection as nonresponsive: The Simplex Grinnell bid as it pertains to Alternate #1 (replace B/W cameras with Color) was conditioned upon the County's acceptance of terms and conditions that differed from the solicitation document. The solicitation included the cost of providing housing, cabling and power supplies for the new cameras. Rather than submit a bid on these items as Justice Systems did, Simplex Grinnell simply indicated on their bid that they would provide these on a "time and materials" basis. Since this portion of the bid took exception to the solicitation document, it was subject to rejection under OAR 137-047- 0640(1)(b)(A) and (B). FISCAL IMPLICATIONS: The Simplex Grinnel's base bid was less than Justice Systems' base bid by $45,657. As noted, Simplex Grinnell's bid on Alternate #1 cannot be compared with Justice Systems' and Simplex Grinnell's failure to include unit pricing prevents comparison. The Board has authority to cancel the award "in the best interest of the contracting agency" (ORS 279B.100) and reissue the solicitation. RECOMMENDATION & ACTION REQUESTED: Conduct a hearing on the protest, consider the basis for the protest submitted by Simplex Grinnell and the staffs responses and reject the protest for the reasons stated herein. ATTENDANCE: Susan Ross DISTRIBUTION OF DOCUMENTS: Susan Ross will prepare final order for signature and distribution after the Board's decision is announced. two Fire & Security SimplexGrinnell Board of County Commissioners 1300 NW Wall St., Suite 200 Bend, Oregon 97701-1960 Ref: Contract for Jail Control Systems SimplexGrinnell LP, District #448 Field Office 255 Tangent Street Lebanon, Oregon 97355 Tel: (541) 258-2317 Fax: (541) 258-2830 W W W. SimplexGrinnell.com July 16, 200* L r U L JUL 1 6 2008 BOARD OF COMMISSIONERS ADMINISTRATION w1 Protest of Notice of Intent to Award Contract It is our intention to protest the award of the Jail Control Systems to Justice Systems for the total contract price of SIX HUNDRED THIRTY- EIGHT THOUSAND, SEVEN HUNDRED DOLLARS ($638,700) as the responsive low bidder including alternates A and B. It is our intention that in fact SimplexGrinnell is the responsive low bidder including alternates A and B for the amount of FIVE HUNDRED SIXTY THOUSAND, FIVE HUNDRED SEVENTY EIGHT DOLLARS ($560,578). It is our understanding that there were some discrepancies in our bid proposal but nothing that would normally be considered as "unresponsive" in regard to the to the intent and scope of work as proposed. Areas that we understand were a concern to the county were as follows: 1) We had not placed our "subcontractor disclosure form" in a separate envelope. We had had up to two hours after the bid opening to disclose this but since 1 as our a representative of SimplexGrinnell enclosed it If the bid package to be opened immediately without a wait should not be a major point of contention. 2) We had not provided "a break out of line items" hidden in the Division 28 spec even though the line item pricing was not part of the list of required documents in Section 00300 -"Bid forms (SIB Attachments #1-#4). It is historically proven that if an "itemization" was required there usually is a page showing line item breakouts as a separated document in the SIB Attachments was not the case. I also understand that another bidder hadn't included the line item pricing as required in section Div 2800. That is two of the responding bidders three bidders had not provided it at the time of bid. The "reasonable and prudent" vendorlcontractor would assume if he or she had completed all the "bld forms" shown in section 00300 thls would be considered a responsible and "responsive" bid. 3) There is a claim that we had not acknowledged the three addendas by not enclosing an attached and signed copy of Addenda's with our bid. This is a minor issue whereby we had acknowledged them TWICE in our bid document, ONCE on the 1st page for "Proposal for Lump Sum Bid" and Secondly on the second page above the signature block as Signed by the corporate officer, Willi Olson, and initialed that Addendas "A B & C" have been acknowledged and have been accounted for. It is our intention to point out that SimplexGrinnell, a nationally recognized manufacturer and contractor in the market place, was in fact the "responsive" low bidder and that any minor errors in our bid proposal should not disqualify SimplexGrinnell. Case history has proven that we have met the intent of preparing a comprehensive and responsible bid and that any other "reasonable and prudent" contractor would have taken the same course of action and that the minor errors have been explained and are inconsequential in meeting the intent of bid proposal. Sincerely, Don Sansone, NICET (#083839 Level IV) Sr. Area Representative Direct # 541-258-2317 Fax # 541-258-2830 Cell # 541-228-6811 DECEllUE L. JUL 7 61008 BOARD OF COMMISSION! RS ADMINISTRATION DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL diL Attachment #SIB3 - Special Instructions To Bidders PROPOSAL FOR LUMP SUM BID Project: Deschutes County Jail Control System 63333 West Highway 20 Bend, O Date:tC 7 , Bid of ��-v �4 � "�i xc. in i , a Corporation organized and .t existing under the laws of the State ofOregon or a Partnership existing under the laws of the Sta - of regon, or an Individual doing business as hereinafter called the Bidder. Gf To: Susan Ross, Property & Facilities Director Deschutes County (hereinafter called "OWNER") 14 N.W. Kearney Bend, OR 97701 `1f c1C1 3 3 The undersigned acknowledges having visited the site and familiarized himself with the local conditions affecting the cost of the work. The undersigned further acknowledges that he has received and has familiarized himself with the following: Bidding and Contract Dgcu nts: Addenda -----®7 / Invitation to Bid Instructions to Bidders Special Instructions to Bidders Attachments to Special Instructions Standard Form of Agreement Between County and Contractor (AIA document, A101, ed. 1997) General Conditions of the Contract for Construction Schedule of Drawings Index Project Manual Construction Specifications Construction Drawings 2. In submitting this bid, the undersigned agrees: A. To furnish all material, labor, tools, expendable equipment, and all utility and transportation services necessary to perforin and complete, in a workmanlike manner, all the work required for the DeschutF s County Jail Control System in accordance with the contract documents prepared by HK Engineers for the consideration hereinafter set forth. B. To hold this bid open for Sixty (60) calendar days after the receipt of bids and to accept the provisions of the Instructions to Bidders and Special Instructions to Bidders regarding disposition of bid security. C. To execute and deliver a contract in the prescribed form if awarded on the basis of this bid, and to furnish a performance and payment security acceptable to the OWNER in accordance with the General Conditions, Instructions to Bidders, and Special Instructions to Bidders within ten (10) days after the contract is presented to him for signature. D. To commence work at the time stipulated in a notice to proceed and to complete the work within 24C, calendar days after the receipt of the notice to proceed. 3. BASE BID: The undersigned hereby proposes and agrees to perform the foregoing and to complete the work required for upgrading the Deschutes County Jail Control System (includes allowances): BID FORMS (SIB ATTACHMENTS #1-#4) 003004 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Attachment #SIB2 - Special Instructions to Bidders NON -COLLUSIVE AFFIDAVIT Jail Control System Project State of )ss: County of , being first duly sworn deposes and says: That I am the owner, a partner or an officer of , the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price of affiliate or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Deschutes County, or any person interested in the proposed contract, and that all statements in said proposal or bid are true. Individual, Partner, or Corporate Officer Subscribed and sworn to before me this day of ,20^. (SEAL) Notary Public for the State of Residing at My commission expires: BID FORMS (SIB ATTACHMENTS #1-#4) 00300-3 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Deschutes County C | Te.14-°- let irt,�� te\.���� �^/c'C�� L� 7 � Dollars �ars(� / l � ��/ ~l� ' �^ >. (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) 4. ALTERNATES: 411 7 cameras. P DUCT (circle word that applies) -ffeplace all existing black & white and color cameras and replace with new color ole yfal) ° 1���94 °" ^ Dollars `z C/ /�~] 3�__ r"f1_�r v ~~\- ~ '(« /��^/+",..^.'x�#n.nEn/rT/.."-/....^,h"+~..x"~` )(=��/ /�mkiesecond touch screen system in CCR, including associate Jtenses, touch / �- screen monit^nr mouse u o intercom ' ��/,- _ '- A ��� ) _ *ADDorDEDUCT ��u�wo��aupp�s) ProvideaddUbona/5-yearextended wa�a |hnaheha|nand e � d 7 `ty �ufr�ef Dollars ($ &i/ wt/. CL 5. The undersigned has attached the required References, Bid Bond, and Non -Collusive Affidavit; G. The undersgnes or is not a resident bidder (circle one). State of Residency [/ret�y 7. The undersigned agrees to be bound by BOLI wage requirements and ORS 279C.840. 8. The undersigned certifies that Bidder has not discriminated against minority, women or emerging small senterprisen in obtaining any required subcontracts, Dollars * / / / CcA, In submitting this bid, it is understood that the right to reject any and all k/ bidding has been reserved ,� /- Deschutes q� `-- ' County, ~ ----~ Dated . ~�-5 ,61/,1V r //7/A •/(` Name -p- der (i; 'Authorized Officer «"^~ ' ',!_ T*4 & Contractors License number ' ^ //77kC 7/1,07 A -- ^ '' - '(/ // A- N -1 ' xT (76-4Y)-76-12-1 3 //J -In`fic-/ c7W3/11 c+'.c ( j _ ' ,. /_/ / ry/ /~--�' L~ . / lic7615 BID FORMS (SIB ATTACHMENTS #1-#4) 00300-5 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Attachment #SIB4 - Subcontractor Disclosure Form SUBCONTRACTOR DISCLOSURE FORM NiGENCY SUPPLIED INFORMATION: PROJECT NAME. Deschutes County Jail Control System CLOSING: 'Date: June 26, 2008 Time: 2:00 REQUIRED DISCLOSURE. DEADLINE: Date: June 26, 2008 Time: 4:00 Deliver Form To (Agency): ` DESCHUTES COUNTY Designated Recipient (Person : Susan Ross, Property & Facilities Director Agency's Address: NSTRUCTIONS: 14 NW Kearne BEND OREGON 97701 DAM IPM Ca AM IPM [his form must be submitted at the location pecified in the Invitation to Bion the advertised bid closing date at the ime specified on the Invitation to Bid and in t 'e Instructions to Bidders. _ist below the Name of each subcontractor that II be furnishing lab►yr or materials and that are required to be iisclosed, the category of work that the subcontra or will be perfo ing, and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that ne-. to be disclosed. (ATTACH ADDITIONAL SHEETS IF \IECESSARY.) 3IDDER DISCLOSURE: 1. 2. 3. 4. 5. 6. SUBCONTRACTOR NAME DOLLAR VALUE ,CAt GORY OF WORK Failure to submit this form by the disclosure deadline will res It in a non-responsive bid. A non- responsive bid will not be considered • r award. zorm Submitted by (Bidder Name): :,ontact Name: Phone No.: BID FORMS (SIB ATTACHMENTS #1-#4) 00300-6 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Attachment #SIB2 - Special Instructions to Bidders Jail Control System Project State of County of C.fi. NON -COLLUSIVE AFFIDAVIT )ss: GC/< /71 4//1 0/Sae) , being first duly sworn deposes and says: That I am the ow ' r, a partAtm ner organ officer ei , the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price of affiliate or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Deschutes County, or any person interested in the proposed contract, and that all statements in said proposal or bid are true. Individual, Partner, or Corporate Office / 16/% c(C'i� Subscribed and sworn to before me this 3e-1 day of J� 1. ,2064. t''jNoG Swrs etiC+ift) 0,f. IL 14 est;l'l '-jv sF W.11iuw►Ci50,1 (SEAL) Notary Public for the State of Q't11-> 0 4,1 Residing at 2 t 4, rpiR- 0Zc1 i,� b cotoptWI 7353_ My commission expires: j CA" 2S ? 00 OFFICIAL SEAL ELAINE TIMM (() 1 NOTARY Pueue•OREGON () My COMMISSION COMMISSION g A387341. 009 (� o2,65 BID FORMS (SIB ATTACHMENTS #1-#4) 00300-3 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Attachment #SIB3 - Special Instructions To Bidders PROPOSAL FOR LUMP SUM BID Project: Deschutes County Jail Control System 63333 West Highway 20 Bend, OR Date: Bid of , a Corporation organized and existing under the laws of the State of Oregon or a Partnership existing under the laws of the State of Oregon, or an Individual doing business as hereinafter called the Bidder. To: Susan Ross, Property & Facilities Director Deschutes County (hereinafter called "OWNER") 14 N.W. Kearney Bend, OR 97701 The undersigned acknowledges having visited the site and familiarized himself with the local conditions affecting the cost of the work. The undersigned further acknowledges that he has received and has familiarized himself with the following: Bidding and Contract Documents: Addenda Invitation to Bid Instructions to Bidders Special Instructions to Bidders Attachments to Special Instructions Standard Form of Agreement Between County and Contractor (AIA document, A101, ed. 1997) General Conditions of the Contract for Construction Schedule of Drawings Index Project Manual Construction Specifications Construction Drawings 2. In submitting this bid, the undersigned agrees: A. To furnish all material, labor, tools, expendable equipment, and all utility and transportation services necessary to perform and complete, in a workmanlike manner, all the work required for the Deschutes County Jail Control System in accordance with the contract documents prepared by HK Engineers for the consideration hereinafter set forth. B. To hold this bid open for Sixty (60) calendar days after the receipt of bids and to accept the provisions of the Instructions to Bidders and Special Instructions to Bidders regarding disposition of bid security. C. To execute and deliver a contract in the prescribed form if awarded on the basis of this bid, and to furnish a performance and payment security acceptable to the OWNER in accordance with the General Conditions, Instructions to Bidders, and Special Instructions to Bidders within ten (10) days after the contract is presented to him for signature. D. To commence work at the time stipulated in a notice to proceed and to complete the work within 240 calendar days after the receipt of the notice to proceed. BASE BID: The undersigned hereby proposes and agrees to perform the foregoing and to complete the work required for upgrading the Deschutes County Jail Control System (includes allowances): BID FORMS (SIB ATTACHMENTS #1-#4) 00300-4 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Attachment #SIB4 – Subcontractor Disclosure Form SUBCONTRACTOR DISCLOSURE FORM .GENCY SUPPLIED INFORMATION: PROJECT NAME: Deschutes Count Jail Control S stem CLOSING: Date: Julie -2672808, t�, ime: 2:00 DAM RPM REQUIRED DISCLOSURE DEADLINE: Date: -26; 99F Time: 4:00' DAM IPM Deliver Form To (Agency): DESCHUTES COUNTY ,Ji- ly 3. Designated Recipient (Person): Susan Ross, Property & Facilities Director Agency's Address: 14 NW Kearney, BEND, OREGON 97701 NSTRUCTIONS: ['his form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date at the ime specified on the Invitation to Bid and in the Instructions to Bidders. _ist below the Name of each subcontractor that will be furnishing labor or materials and that are required to be iisclosed, 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 \IECESSARY.) 3IDDER DISCLOSURE: 2. 3. 4. 5. 6. SUBCONTRACTOR NAME DOLLAR VALUE CATEGORY OF WORK 7 ',//A"'e.-- - t- r` - $ / 6 Li 2 7164'=) j 1='%_;� f'// $ $ $ $ �$ Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non- responsive bid will not be considered for award. =orm Submitted by (Bidder Name): /,7 ==j`//% ; R contact Name: tD()/? Phone No.: 15-ii/M7? j5 -6E-1 BID FORMS (SIB ATTACHMENTS #1-#4) 00300-6 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Deschutes County Control System Base Bid: Dollars ($ ). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words wilt govern.) ALTERNATES: Alternate A ADD or DEDUCT (circle word that applies) Replace all existing black & white and color cameras and replace with new color cameras. Provide additional cameras, housing, cable, conduit, and power supply. Dollars ($ ) Alternate B screen monitor, Alternate C ADD or DEDUCT (circle word that applies) Provide second touch screen system in CCR, including associated%ienses, touch mouse, and keyboard, as well as intercom system elements. Dollars ($ ADD or DEDUCT (circle word that applies) Provide additional 5 -year extended warranty for all materials and equipment. Dollars ($ ) 5. The undersigned has attached the required References, Bid Bond, and Non -Collusive Affidavit; 6. The undersigned is or is not a resident bidder (circle one). State of Residency 7. The undersigned agrees to be bound by BOLI wage requirements and ORS 279C.840. 8. The undersigned certifies that Bidder has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts. In submitting this bid, it is understood that the right to reject any and ail bids and to waive irregularities in the bidding has been reserved by Deschutes County. Dated this day of , 20 Name of Bidder Address of Bidder Authorized Officer Title & Contractor's License number BID FORMS (SIB ATTACHMENTS #1-#4) 00300-5 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Attachment #SIB1 to Special instructions To Bidders BID BOND Deschutes County Jail Control System Remodel / E /q/? ;f KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Bidder, as Principal, and the undersigned Bonding Company, as Surety; are hereby held and firmly bound Deschutes County, in the Sum of ten (10) percent (%) of Bidder's Bid, Dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Signed, this day of 20 The conditions of the above obligation is such that whereas the Principal has submitted to the OWNER a certain Bid, attached hereto and hereby made part hereof to enter into a contract in writing, for work known as the Jail Control System Project at the Deschutes County Adult Jail, 63333 West Highway 20, Bend, Oregon, 97701. NOW THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, c) Then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety has hereunto affixed their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set fort above. PRINCIPAL By: SURETY By: Attorney -in Fact Attach Surety's Power of Attorney for Attorney -in -Fact Signature Requirements BID FORMS (SIB ATTACHMENTS #1-#4) 00300-2 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL SECTION 00300 — BID FORMS (SIB ATTACHMENTS #1-#4) INDEX OF ATTACHMENTS TO SPECIAL INSTRUCTIONS TO BIDDERS Attachment #SIB I Bid Bond Attachment #SIB2 Non -Collusive Affidavit Attachment #SIB3 - Proposal for Lump Sum Bid Attachment #SIB4 Subcontractor Disclosure Form BID FORMS (SIB ATTACHMENTS #1-#4) 00300-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE 6305 SW Rosewood St, Lake Oswego, OR 97035 SimplexGrinnell LP as Principal, hereinafter called the Principal, and Federal Insurance Company 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 a corporation duly organized under the laws of the State of IN as Surety, hereinafter called the Surety, are held and firmly bound unto Deschutes County 14 NW Kearney, Bend, OR 97701 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Replacement & Upgrade of existing Access Control, CCTV & PLC Systems NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of June , 2008 SimplexGrinnell LP i3 Betty Alicea (Witness) - (Witness) (Principal) (Seal) By: Federal Insu af"n Co (Sure By: (Title) (Seal) Attomey-i-Fact taraf Rivera 'Title) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 L14-1 Chubb Surety CHUBB POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jeannette Porrini and Stacy Rivera of Farmington, Connecticut each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 4th day of October, 2005 /4 �L Kennet.We�stant Secretary n P ith, Vice President STATE OF NEW JERSEY County of Somerset On this 4th day of October, 2005 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with John P. Smith, and knows him to be Vice President of said Companies; and that the signature of John P. Smith, subscribed to said Power of Attomey is in the genuine handwriting of John P. Smith, and was thereto subscribed by authority of said By- Laws and in deponent's ores- ice. Notarial I. . ED9 KstVi ss. KAREN A. EDER Notary Public, State of New Jersey No. 2231647 2009 Commission Expires Oct. 28, rcLLQJ AfI4f'L1— Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this (f),(7J11041( Kenneth . Wendel Assistant Secretar, IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2007 ASSETS Cash and Short Term Investments United States Government, State and Municipal Bonds 11,760,927 Other Bonds 3,748,134 Stocks 1,228,819 Other Invested Assets 1,813,473 (n thousands of dollars) $ 268,650 TOTAL INVESTMENTS LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses Unearned Premiums Reinsurance Premiums Payable Provision for Reinsurance Other Liabilities $ 11,665,892 3,576,372 388,475 152,814 1,010,325 18,820,003 TOTAL LIABILITIES 16,793,878 Investments in Affiliates: Chubb Investment Holdings, Inc. Pacific Indemnity Company Chubb Insurance Investment Holdings Ltd Executive Risk Indemnity Inc. CC Canada Holdings Ltd. Great Northern Insurance Company Chubb European Investment Holdings SLP Chubb Insurance Company of Australia Vigilant Insurance Company Other Affiliates Premiums Receivable Other Assets 2,488,838 1,842,863 886,556 820,609 567,070 374,275 304,522 178,307 150,317 257,152 1,552,350 1,428,195 TOTAL ADMITTED ASSETS $ 29,671,057 Capital Stock 20,980 Paid - In Surplus 3,106,790 Unassigned Funds 9,749,409 SURPLUS TO POLICYHOLDERS 12,877,179 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS $ 29,671,057 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $478,269,830 are deposited with government authorities as required by law. A CORRECT STATEMENT: Stacfr River Attorney - in - Fact Form 27-10-0073 (Rev. 4-08) SUB -DELEGATION OF AUTHORITY By virtue of the authority granted to the undersigned by the CFO and Acting Treasurer (the "Treasurer") of Tyco International, Ltd., a Bermuda company, pursuant to the Sub -Delegation of Authority dated December 6, 2007, the undersigned, as Chief Financial Officer of SimplexGrinnelI, hereby delegates to Dyan Ricciutti, Treasury Analyst — Fire Protection Services - SimplexGrinnell, the authority to approve: (i) letters of credit and bank guarantees that are issued through bank lines of credit that have been approved by Corporate Treasury, (ii) surety bonds, (iii) guarantees issued by any subsidiary of TIL (other than Tyco International Group S.A. or Tyco International Finance S.A.) (collectively, the "TIFSA Subsidiaries"), (iv) comfort letters provided by any of the TIFSA Subsidiaries, (v) escrow agreements entered into by any of the TIFSA Subsidiaries, provided that: (a) the maximum dollar amount of any single contingent liability obligation set forth in clauses (i) through (v) above does not exceed USD 500,000.00. (b) the Treasurer shall approve all restricted cash requests. (c) the undersigned sub -delegate hereby acknowledges that he or she has reviewed, and agrees to comply with, the policy and criteria established by the Treasurer as set forth on Annex A hereto, as it may be amended from time to time (collectively, the "Established Criteria"), it being understood that exceptions to the Established Criteria may be permitted under certain circumstances if so approved by (i) the Treasurer or (ii) with respect to letters of credit and bank guarantees only, if so approved by the undersigned sub -delegate. This Sub -Delegation of Authority shall be effective as of March 25, 2008, and shall continue until revoked in writing or the undersigned sub -delegate shall no longer hold the title of Treasury analyst, Fire Protection Services, SimplexGrinnell. Dated: 03/26/07 ichele Kirse CFO Fire Protection Services - SimplexGrinnell TP Sub -DOA 4.1 Annex A 3/944k 1 /2 vi Lw4j flit a onr tem Approved: Arun Nayar Corporate Treasurer Tyco International Seen and Accepted: Dy n Ricciutti Treasury Analyst [date] [date] TP Sub -DOA 4.1 Annex A 2 Page 2 of 2 performed includes all parts, design, engineering, cabeling, ExactProjectDescription installation, terminations, programming, testing, end user training, warranty. The warranty period is 1 year from date of project completion. LiquidatedDamage 0 Retention 5 DesiredEffectiveD ate 06/26/2008 DesiredExpirationDate 07/26/2008 BidDate 6/26/2008 BidTime 2:OOpm EstimatedBidAmount 1200000 BidBondAmount 10 PrincipalName SimplexGrinnell PrincipalAddress 6305 SW Rosewood St. PrincipalCity Lake Oswego PrincipalCountry United States PrincipalState OR PrincipalZipCode 97035 ObligeeOwnerName Deschutes County ObligeeAddress 14 NW Kearney ObligeeCity Bend ObligeeCountry United States ObligeeState OR ObligeeZipCode 97701 StateOfObligation Oregon TypeOfBond Bid ProjectName Deschutes County Criminal Justice Facility Renovation ProjectCountry United States ContractAmount 1200000 ContractDate 07/10/2008 EstimatedStartDate 07/30/2008 6/24/2008 CERTIFICATE PRODUCER Marsh, Inc. 1166 Avenue of the Americas New York, NY 10036 Telephone (212) 345-5000 OF INSURANCE CERTIFICATE NUMBER435984 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A: Al South Insurance COMPANY B: American Home COMPANY C: Commerce & Industry COMPANY D: Illinois National Insurance Co. Assurance Co. INSURED SimplexGrinnell, LP 6305 SW ROSEWOOD LAKE OSWEGO, OR 97035 United States Ins Co Co. COMPANY E: Insurance Company of the State of PA COMPANY F: New Hampshire Ins. Co. COMPANY G: New York Marine & General Insurance Co. (Lead) COMPANY H: White Mountain Insurance Co. COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL OCCU GL 1595415 6/29/2007 10/1/2008 GENERAL AGGREGATE $15,000,000.00 PRODUCTS - COMP/OP AGG $15,000,000.00 CLAIMS MADE X OWNER'S & CONTRACTOR'S PERSONAL & ADV INJURY $7 500,000.00 EACH OCCURRENCE $7,500,000.00 FIRE DAMAGE (Any one fire) $1,000,000.00 $10.000.00 MED EXP (Any one person) B B B AUTOMOBILE X LIABILITY ANY AUTO ALLOWED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA 1606992 (MA) CA 1606993 (VA) CA 1606994 (AOS) 6/29/2007 6/29/2007 6/29/2007 10/1/2008 10/1/2008 10/1/2008 COMBINED SINGLE LIMIT $7,500,000.00 BODILY INJURY (Per person) X BODILY INJURY (Per accident)X PROPERTY DAMAGE PROPERTY B EXCESS X LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM BE 9835073 6/29/2007 10/1/2008 EACH OCCURRENCE $3,000,000.00 AGGREGATE $3,000,000.00 D A F C WORKERS COMPENSATION EMPLOYERS' LIABI.ITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND INCL EXC SEE PAGE TWO SEE PAGE TWO SEE PAGE TWO X I i"C STATOTRY I °THE EL EACH ACCIDENT $2,000,000.00 EL DISEASE -POLICY LIMIT $2,000,000.00 EL DISEASE -EACH $2,000,000.00 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS Please see page 2 for additional insureds and any additional language. CERTIFICATE HOLDER Deschutes County 14 NW Keamey Street Bend, OR 97701-1960 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. FIE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HO DER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND JPON THF INCEIRFR AFF[TROINO I CIVFRAC,F ITC AGENTS OR RFPRFCFNTATIVEER IZR THF IRWIIFR OF THIS (:FRTIFIC A F .. MARSH USAINC. BY: f David Konng,,Casualty Program . 11 PAW (3I021 VALID AS OF: 7I?J$ PRODUCER Marsh, Inc. 1166 Avenue of the Americas New York, NY 10036 Telephone (212) 345-5000 INSURED SimplexGrinnell, LP 6305 SW ROSEWOOD LAKE OSWEGO, OR 97035 United States ADDITIONAL INFORMATION 435T91814CAIENUMBER COMPANIES AFFORDING COVERAGE TEXT WORKERS COMPENSATION POLICIES Carrier Policy Number Eff. Date Exp. Date State (B) American Home Assurance Co. WC 1616749 6/29/2008 10/1/2008 CA (D) Illinois National Insurance Co. WC 1616750 6/29/2008 10/1/2008 MI (A) AI South Insurance Co. WC 1616751 6/29/2008 10/1/2008 GA (B) American Home Assurance Co. WC 1616752 6/29/2008 10/1/2008 PA (F) New Hampshire Ins. Co. WC 1616753 6/29/2008 10/1/2008 NY,OH,WI (B) American Home Assurance Co. WC 1616754 6/29/2008 10/1/2008 NJ (C) Commerce & Industry Ins Co WC 1616755 6/29/2008 10/1/2008 FL (E) Insurance Company of the State of PA WC 1616756 6/29/2008 10/1/2008 AR,MA,VA (B) American Home Assurance Co. WC 1616757 6/29/2008 10/1/2008 OR (B) American Home Assurance Co. WC 1616758 6/29/2008 10/1/2008 AOS (B) American Home Assurance Co. WC 1616759 6/29/2008 10/1/2008 TX LIABILITY PROGRAM Certificate holder is added as an additional insured for General Liability and Auto Liability, however, that coverage and any obligation to defend and indemnify under such policies is strictly limited to damage, liability and expense resulting from the negligence or willful misconduct of the named insured and the named insured's agents and employees. The Named Insured also waives its right of subrogation in favor of certificate holder and the parties listed below with respect to General Liability, Auto Liability, Workers Compensation. The insurance will be primary and non-contributory, with respect to any other insurance carried by the certificate holder, but only to the extent of the Named Insured's negligence. Additional Insureds: Deschutes County Project: Deschutes County Jail, Security Electronics Renovation If there is a question regarding this certificate please contact Eileen Novarra (Email: enovarra@tycoint.com Phone: 503/683-9000) CERTIFICATE HOLDER Deschutes County 14 NW Keamey Street Bend, OR 97701-1960 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 06/29/2007 forms a part of Policy No. GL 159-54-15 issued to TYCO INTERNATIONAL MANAGEMENT COMPANY By American Home Assurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section II - Who is an Insured, 1., is amended to add: f) Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. 61712 (9/01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 06/29/2007 forms a part of Policy No. CA 160-69-94 issued to TYCO INTERNATIONAL MANAGEMENT COMPANY By American Home Assurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto". I. SECTION 1I - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (10/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 06/29/2007 forms a part of Policy No. CA 160-69-94 issued to TYCO INTERNATIONAL MANAGEMENT COMPANY By American Home Assurance Company WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or " toss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. 62897 (6/95) POLICY NUMBER: GL 159-54-15 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24041093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 FIRST CLASS MAIL Lake uswega UI-( & /035 ..,' L N.: /WO (6t DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL SECTION 00010 — INVITATION TO BID ADVERTISEMENT FOR BIDS DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Deschutes County (hereinafter referred to as "Owner") will receive bids for the upgrade of the control/monitoring system in the Deschutes County Adult Jail. Work: The work in this existing 228 -bed adult detention facility includes the replacement of all existing control panels with a custom designed multi -node touch screen graphic computer system which will be used for the monitoring and control of doors, intercom and paging systems, and CCTV camera systems, as well as the control of specific utilities (inmate telephone, TV power outlets, normal and emergency lighting circuits). The touch screen system will be interfaced to these systems through the use of a Programmable Logic Controller (PLC) system which integrates the various systems into a single consolidated detention electronics system. The system will also integrate the adjacent existing Work Release Center (a 90 -bed minimum security adult detention center) touch screen and PLC system and facilitate remote takeover of that facility. Work also includes the total replacement of all CCTV switching, recording, and monitoring systems, the entire intercom system, the entire visitor's intercom system, and the provision of conduit to support the future expansion of the detention facility. Work for the replacement of existing cameras and the provision of additional cameras will be included under additive alternate bid. Mandatory Walk-through: A mandatory walk-through of the facility will be conducted on Wednesday, June 11, 2008, at 10 a.m.. Bids will be accepted only from contractors who attend the walk-through. The site is located at 63333 West Highway 20, and is identified as the Deschutes County Adult Jail. Bidding: Delivered bids will be accepted on or before Thursday, June 26, 2008, by Susan Ross, Deschutes County Property & Facilities Director, until but not after 2 p.m. at the Property & Facilities Department Office located at 14 N.W. Kearney, Bend, Oregon. Bids received after this time will not be accepted. Facsimile and electronic format bids will not be accepted. Bids will be opened at 2 PM of that day at the same location. All bids for the above -entitled public works project will be publicly opened and read aloud. Bidders must submit Subcontractor Disclosure by 4 PM on the same day at the same location. Subcontractor Disclosure shall be submitted in a separate envelope and shall be clearly marked, "SUBCONTRACTOR DISCLOSURE FOR JAIL CONTROL SYSTEM PROJECT." Bids shall be made on the forms furnished by Owner, incorporating all contract documents, including a Bid Bond or Cashiers Check for minimum amount of 10 percent of the Bid Price. The envelope shall be clearly marked "BID FOR JAIL CONTROL SYSTEM PROJECT" and shall contain the name and address of the bidder. No bid will be received or considered by Owner unless the bid contains a statement by the bidder that the provisions of ORS 279C.840, "Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions," are to be complied with. Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120. Owner may reject any bid not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of Owner if it is in tl e public interest to do so. The protest period for this procurement is seven (7) calendar days. Bidders shall be licensed by OREGON CONSTRUCTION CONTRACTORS BOARD. INVITATION TO BID 110010-1 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Inspection of Documents. Additional information, including bid instructions and documents, project manual, drawings and specifications, may be examined at the following locations: Minority Business Development Center, o 8959 SW Barbour Blvd., Portland, OR 97219 o PH: 503-245-9253 Daily Journal of Commerce Plan Center, o 2840 NW 35th Ave., Portland, OR 97210 o PH: 503-274-0624 Ford Graphics o 1151 SE Centennial Court, Bend, Oregon 97702 o PH 541-749-2151 Bonafide Prime Bidders may obtain two sets only at Ford Graphics in Bend, Oregon, upon deposit check payable to Ford Graphics in the amount of $200.00 per set. Deposits will be refunded upon return of Documents, including any Addenda, in good and reusable condition and within 10 days of bid opening. Bidders and Suppliers may obtain additional sets by paying cost of reproduction, which is not refundable. Personal sets may be obtained at Ford Graphics in Bend, Oregon. Right to Reiect Any and All Bids. This Advertisement for Bids does not commit Owner to award a contract nor to pay any costs incurred in the preparation of bids or the procurement of supplies. Permits. The selected contractor will be responsible for paying all local license fees and taxes as well as building permit fees. Contractor is not responsible for paying for land use fees or system development charges. Wages. January 2008 BOLI prevailing wages apply to work associated with this Project. Bid Questions. Questions pertaining to this project should be addressed to: Technical Questions: Frank Hopkins, Principal HK Engineers, LLC 15365 SW Division Sherwood, Oregon 97140 Phone: 503-625-4443 Contracting/Procedural Questions: Susan Ross, Director Deschutes County Property & Facilities Department 14 NW Kearney Bend, Oregon 97701 Phone: 541-383-6713 susan_ross@co.deschutes.or.us Published in Daily Journal of Commerce and Bend Bulletin: Wednesday, May 28, 2008 Wednesday, May 28, 2008 INVITATION TO BID 00010-2 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL Section 00020 — SUMMARY OF ALL BID SUBMITTAL REQUIREMENTS Each of the following items are required to be submitted with the bid proposal. 1. Bid submitted on provided Attachment #SIB3, Proposal for Lump Sum Bid, signed by appropriate party, due on or before 2 p.m. on bid closing date. 2. Bid security, in the required form and amount. Use Attachment #SIB1. 3. Subcontractor disclosure form, provided as Attachment #SIB4, due by 4 p.m. on bid closing date. Must be in a separate envelope from the bid proposal. 4. All addenda, if any, signed by Bidder to acknowledge receipt. 5. Non -collusive affidavit, provided as Attachment #SIB2. DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL CLJ b. Bidders and Sub -bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Engineer as least six days prior to the date for receipt of Bids. c. Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections, and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. 4. Addenda a. Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. b. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. c. Addenda will be issued no later than three days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. d. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. 5. Contract Documents. The Contract documents under which it is proposed to execute the work consist of the material bound herewith and documents incorporated by reference. These Contract documents are intended to be mutually complementary and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a bid and being in doubt as to the meaning or intent of said contract document shall at once notify, in writing, the Engineer. Any interpretation or change will be mailed or delivered to each person receiving a set of documents. 6. Form of Bids. All bids must be submitted on the forms furnished. Subcontractor disclosure form shall be submitted in a separate envelope, separated from (and not inside) the envelope containing the bid. Envelopes containing the bid and subcontractor disclosure shall be properly marked. 7. Substitutions. Materials and/or products called for in the specifications are named in order to establish a standard of quality design. Manufacturers or suppliers of products similar to those specified might submit bids on the work providing requests for approval of substitution materials are made at least six (6) working dabs prior to the bid opening. Adequate information on which to base approval or disapproval must be furnished to the Engineer or his representative and the Engineer shall be the sole judge of any request. When the Engineer approves a substitution, it is with the understanding that the Contractor guarantees the substituted article or materials to be equal or better than specified. 8. Preparation of Bids. All blank spaces in the bid form must be filled in, in ink, or typed, in both words and figures where required. No changes shall be made in phraseology of the forms. Written amount shall govern in cases of discrepancy between the amount stated in writing and amount stated in figures. INSTRUCTIONS TO BIDDERS (10100-2 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL A bid shall be deemed non-responsive which contains omissions, erasures, alterations, or additions of any kind, or prices uncalled for, or which in any manner fails to conform to the conditions of the published Invitation to Bid. The bidder shall sign the bid in the blank space provided therefore. Bids made by corporations or partnerships shall contain names and addresses of the principal officers or partners therein. If a corporation makes the bid, it must be signed by one of the principal officers thereof, and the corporate seal affixed. If made by a partnership, it must be signed by one of the partners, clearly indicating that he is signing as a partner of the firm. In the case of a bid made by a joint venture, each of the joint venturers must sign the bid in his personal capacity. The wording of the bid documents shall not be changed. Any additions, conditions, limitations or provisions inserted by the bidder will render the bid non- responsive and shall cause its rejection. 9. Submission of Bids. Each bid and subcontractor disclosure form must be submitted at the times and place and in the manner prescribed in the invitation to bid. Bids must be made on the prescribed forms. Bids must be submitted in a sealed envelope, so marked as to indicate its contents without being opened. The subcontractor disclosure form must be in a separate envelope from the bid envelope. If the bid is submitted by mail, the sealed envelope containing the bid must be enclosed in a separate mailing envelope plainly addressed for mailing in conformance with instructions for submitting a bid. The subcontractor disclosure may be enclosed in the mailing envelope. A mailing envelope must also be marked: "Mailing Envelope Separate Bid and Subcontractor Disclosure Envelopes Inside — OK to Open". A mailing envelope not containing this statement will be considered non-responsive and will not be opened. 10. Modifications or Withdrawal of Bid. Any bidder may modify his bid by written or telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time, and provided further that a written confirmation of a telegraphic modification over the signature of the bidder was mailed prior to the closing time. If written confirmation of a telegraphic communication is not received within at least two days of the closing time, no consideration will be given to the modification. The written or telegraphic communication should not reveal the bid price, but should state the addition or subtraction or other modification so that Owner will not know the final prices or terms until the sealed bid is opened. Bids may be withdrawn prior to the scheduled time for the opening of the bids either by telegraphic or written request or in person. No bid may be withdrawn after the time scheduled for opening of bids unless the Owner has failed to comply with the time limits applicable to award of the Contract. 11. Disclosure of First Tier Subcontractors. Bidders must submit a subcontractor disclosure statement where the total project bid exceeds $100,000. The subcontractor disclosure statement must be submitted in a separate sealed envelope at the same time as the bid is due. The envelope must be marked, "SUBCONTRACTOR DISCLOSURE STATEMENT" and contain the name of the project. Bidder must submit a disclosure of the first-tier subcontractors that (1) will be furnishing labor or will be furnishing labor and materials in connection with the INSTRUCTIONS TO BIDDERS 0 )100-3 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL project; and (2) will have a contract value that is equal to or greater than five percent (5%) of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid. For each subcontractor listed, include (1) the name, address and telephone number of the subcontractor; (2) the category of work that the subcontractor would be performing; and (3) the dollar value of each subcontract. If no subcontracts subject to the above disclosure requirements are anticipated, a bidder is required to indicate "NONE" on the accompanying form. To determine disclosure requirements, it is required that bidders disclose subcontract information for any subcontractor as follows: a. Use the forms bound herewith for the required disclosure. b. Notice — Bidder's Requirements: Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370). Specifically, Bidder must submit a disclosure of the first-tier subcontractors that (1) will be furnishing labor or will be furnishing labor and materials in connection with the project; and (2 will have a contract value that is equal to or greater than five percent (5%) of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid. For each subcontractor listed, include (1) the name, address and telephone number of the subcontractor; (2) the category of work that the subcontractor would be performing; and (3) the dollar value of each subcontract. c. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate "NONE" on the accompanying form. d. Bidder shall submit the disclosure form required by ORS 279C.370 by Bid Closing in the manner specified by the invitation to bid. e. Compliance with the disclosure and submittal requirements of ORS 279C.370 is a matter of Responsiveness. Bids which are submitted by Bid Closing, but for which the disclosure submittal has not been made by the specified deadline, are not Responsive and shall not be considered for Contract award. f. OWNER shall obtain, and make available for public inspection, the disclosure forms required by ORS 279C.370. OWNER shall also provide copies of disclosur(. forms to the Bureau of Labor and Industries as required by ORS 279.363. OWNER is not required to determine the accuracy or completeness of the information provided on disclosure forms. g. A contractor may substitute a first-tier subcontractor under the provisions of ORS 279C.585 h. A subcontractor may file a complaint under ORS 279C.590 based on the disclosure requirements ORS 279C.370(1). INSTRUCTIONS TO BIDDERS 0 )100-4 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL supplemental instructions or approval of manufacturer's materials to be substituted will be made only in the form of written addenda to the specifications, which, if issued, will be hand delivered or mailed by certified mail with return receipt requested to all prospective bidders receiving a set of such documents, not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued are to be covered in the bid for such addenda to become part of the Agreement. 19. Permits and Licenses. The successful bidder shall be required to have or obtain, at the bidders expense, any and all permits and licenses required by applicable jurisdictions pertaining to the service he proposes to furnish. Contractor will not be responsible for obtaining any land use approvals. 20. Minimum Requirements of Bid. The following minimum requirements as to the form and manner of submitting bids must be strictly observed. Variance from these requirements will result in rejection of the bid as unresponsive. a. Bid must be submitted on forms furnished by the Owner and include a complete set of contract documents. Subcontractor disclosure forms must be submitted separately. b. Bid must be signed by the bidder. c. Bid security, in the required form and amount, must accompany each bid. d. Each blank in the bid must be filled in unless an alternative is provided. Each separate bid item must be bid on, unless the bid form clearly indicates otherwise. e. Bid must be submitted in a sealed envelope, marked to identify without opening, and in the hands of the Owner at the time and place specified for bid opening. g. Subcontractor disclosure form must be submitted in a separate sealed envelope marked appropriately at the time and place specified for the submission of the subcontractor disclosure form. A bid containing modifications, deletions, exceptions or reservations that in any way conflict with or purport to alter any substantive provision contained in the bid documents will not be considered. h. A conditional bid will not be considered. 21. Plans. Plans are not to be taken or construed as being reproduced at precisely the indicated scale. Where the plans are photographic reductions of the original tracings, the approximate amount of reduction is indicated by a note on the plans. 22. Specifications. The specifications are the minimum acceptable specifications for the project for which bids are sought. Any deviation from the specifications contained herein shall render the bid non-responsive. 23. Examination of Site and Conditions. Bidders are required, prior to submission of bids, to carefully examine the site and the Plans and Specifications of the INSTRUCTIONS TO BIDDERS ( 0100-6 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL SECTION 00300 — BID FORMS (SIB ATTACHMENTS #1-#4) INDEX OF ATTACHMENTS TO SPECIAL INSTRUCTIONS TO BIDDERS Attachment #SIB1 Bid Bond Attachment #SIB2 - Non -Collusive Affidavit Attachment #SIB3 Proposal for Lump Sum Bid Attachment #SIB4 - Subcontractor Disclosure Form BID FORMS (SIB ATTACHMENTS #1-#4) 0030C-1 DESCHUTES COUNTY JAIL CONTROL SYSTEM REMODEL L� Attachment #SIB4 — Subcontractor Disclosure Form SUBCONTRACTOR DISCLOSURE FORM AGENCY SUPPLIED INFORMATION: PROJECT NAME: Deschutes County Jail Control System CLOSING: Date: June 26, 2008 Time: 2:00 DAM ■PM REQUIRED DISCLOSURE DEADLINE: Date: June 26, 2008 Time: 4:00 DAM ■PM Deliver Form To (Agency): DESCHUTES COUNTY Designated Recipient (Person): Susan Ross, Property & Facilities Director Agency's Address: 14 NW Kearney, BEND, OREGON 97701 INSTRUCTIONS: This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date at the time specified on the Invitation to Bid and in the Instructions to Bidders. List below the Name of each subcontractor that will be furnishing labor or materials and that are 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 NECESSARY.) BIDDER DISCLOSURE: 1. 2. 3. 4. 5. 6. SUBCONTRACTOR NAME DOLLAR VALUE CATEGORY OF WORK Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non- responsive bid will not be considered for award. Form Submitted by (Bidder Name): Contact Name: Phone No.: BID FORMS (SIB ATTACHMENTS #1-#4) 00300-6 1. The term of this warranty shall begin exactly 1 year from the day the base warranty begins. 2. Have a duration of 5 years. 3. The contractor shall honor the terms of this additive alternate bid throughout the base 1 year warranty and the Owner shall be allowed to defer execution of this additive alternate throughout the base 1 year warrantee period. B. Additive Alternate Bid #3: Provide second touch screen system in CCR as described in the Touch Screen System Section, 28 16 13. Include within this additive alternate bid all: 1. The second touch screen computer (located in electrical room P-2), all associated licenses, and the touch screen monitor, mouse and keyboard (located in CCR). 2. Intercom system elements required by the second station at CCR including the second bi-directional amplifier and both headsets and their jacks. 3. Not included in this additive alternate bid are the CCTV monitors used with the touch screen system. These monitors shall be provided under the base bid and utilized by the primary touch screen computer. 1.15 UNIT PRICING A. Include in bid unit pricing for all field equipment provided on the project including but not limited to: 1. Cameras with Type A housings, including installation, programming, and documentation. 2. Cameras with Type C housings including installation, programming, and documentation. 3. CCTV Coaxial Cable per foot including cable pull, terminations, wire labeling, engineering, and documentation. 4. CCTV Coaxial and power cabling per foot including cable pull, terminations, wire labeling, engineering, and documentation. 5. Intercom Stations including installation, programming, and documentation. 6. Intercom Station cabling per foot including cable pull, terminations, wire labeling, engineering, and documentation. B. Unit pricing shall be in tabular form on a spread sheet for ease of consideration and comparison. C. Submit an affidavit attesting that any and all change order proposals presented throughout the duration of the project shall utilize and be constrained by the unit pricing published with the bid. PART 2 — PRODUCTS 2.01 EXISTING PRODUCTS A. Refer to Related Sections for existing projects for each system. 05-05-08 28 00 00 - 28 Deschutes Renovation ELECTRONIC SAFETY AND SECURITY ADDENDUM C Deschutes County Jail, Security Electronics Renovation June 26, 2008 SPECIFICATIONS 1. Section 28 00 00 — Electronic Safety and Security A. Article 1.08, A, 3; where the sentence reads: "To bid this Project", CHANGE to read: "To be accepted as a pre -approved Specialty Low Voltage Contractor for this Project, the Low Voltage Systems Specialty Contractor must be pre -approved by the Owner." B. Article 1.08, A, 4, g; DELETE the subparagraph in its entirety. C. Article 1.14, A; where the sentence reads: "Additive Alternate Bid #1:", CHANGE to read: "Additive Alternate Bid (CCTV):" D. Article 1.14, B; where the sentence reads: "Additive Alternate Bid #2:", CHANGE to read: "Additive Alternate Bid (Extended Warranty):" E. Article 1.14, C; where the sentence reads: "Additive Alternate Bid #3:" CHANGE to read: "Additive Alternate (Second Officer's Station in CCR):". 2. Section 28 23 00 — Video Surveillance: A. Article 2.03, I; ADD subparagraph 18 as follows: "18. Provide 2.5 TB or larger hard drive (internal)." INSURANCE Attachment "A" has been completed with insurance requirement boxes checked. BUILDING PERMITS Clarification: Contractor will be responsible for obtaining and paying for all required building permits. ACKNOWLEDGEMENTS Each addendum is to be signed to acknowledge receipt and submitted with the bid packet.