00002733 Cold Mix Asphalt ITB.pdf

City Project 133466 Page 1 of 16 Asphalt Cold Mix

Date: April 1, 2026

City of Portland, Oregon ITB No. 00002733 Invitation to BID for Cold Mix Asphalt

PROPOSALS DUE:

April 21, 2026 By 5:00 P.M. LOCAL TIME

SUBMITTAL INSTRUCTIONS:

Submit proposals electronically by uploading the required proposal documents below to the City’s Procurement Services vendor portal, BuySpeed found at: https://procure.portlandoregon.gov/. Refer to Exhibit G within this solicitation for instructions on how to upload proposals.

REFER ALL QUESTIONS TO:

Destinee Strickland, Procurement Specialist Bureau Procurement Services Phone: 503.865.6155 Email : destinee.strickland@portlandoregon.gov

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SECTION 1 INTRODUCTION

1.1 Background

The City uses Asphalt on a regular basis. This bid is to establish a contract.

1.2 Scope of work

The successful Bidder(s) shall provide Cold Mix Asphalt in accordance with the specifications and terms and conditions of this ITB, the prices bid, and the awarded Price Agreement(s).

1.3 Technical Requirements

The Successful Contractor must meet the following requirements:

General Requirements

All specified goods shall be purchased new directly from an authorized distributor/reseller of cold mix asphalt products. These goods will be used for the City of Portland or any other government agency doing business with the City of Portland. All orders shall include an original packing list directly from the shipper.

1.4 Product Specifications

The Products provided by the Successful Contractor must adhere to the following specifications:

a. Cold Mix Asphalt shall be a manufactured product that comes in bulk form.

b. Product must have the following properties:

1. Be able to go into a damp hole,

2. Require no primer or other special hole preparation,

3. Require no specialized equipment to install or compact,

4. Have a minimum storage life of 1 year, and

5. Remain workable in adverse weather conditions prior to placement.

c. Gradation - Product shall be reasonably well graded from maximum size (1/2”) to dust with less than 5% passing the #200 sieve.

d. Workability - Product shall have a workability number of 4 or less as determined by AASHTO

TP43-94.

e. Coating - Product shall have a minimum coating of 90% as determined by AASHTO TP40-

f. Certifications and Assurances - Prior to providing any Product under the Price Agreement, the Contractor shall provide the following:

A material safety data sheet (MSDS) for the bulk-form material supplied.

An independent gradation analysis of a representative sample indicating the percent passing the ½”, 3/8”, ¼”, #4, #8, #16, #50, and P200 sieves. Sampling and testing shall be done as per AASHTO T 30.

Independent confirmation of compliance with both AASHTO TP 43-94 and

AASHTO TP 40-94.

Certification as to whether or not the material could be used as a permanent fix.

g. Quality Control (QC) and Quality Assurance (QA) Testing: Contractors are expected to perform QC testing on their product(s) to insure compliance with the requirements and specifications outlined herein. At random intervals but no more than four (4) times per

City Project 133466 Page 3 of 16 Asphalt Cold Mix calendar year the City will have the right to request the Contractor to perform such QC testing and/or provide the City with the results within 3 business days. Failure to perform such QC testing and/or provide the City the results within the specified time frame may result in delay in payment of materials provided and delay in future orders. In addition, the City will perform random QA testing on the Product(s) supplied. Such QA testing will be done in conjunction with the City’s requests for Contractor QC testing. When QC/QA testing is required, Contractor shall provide split samples of the Product(s) to the City. All costs and incidentals associated with any sampling, QC testing, or the splitting of samples and providing such to the City shall be considered incidental to the unit price for the Product(s). All costs associated with any QA testing other than what is described herein will be borne by the City.

g. Contractor shall provide a Certificate of Authenticity (COA) document with each batch provided, issued by an independent laboratory or the Contractor’s laboratory, which states how the Product provided meets all Specifications of the Price Agreement.

h. Bidders shall provide an Environmental Product Declaration (EPD), if available, for the Cold Mix Asphalt

SECTION 2 GENERAL REQUIREMENTS AND INSTRUCTIONS TO BIDDERS

All bids are subject to the provisions and requirements of the Oregon Revised Statutes, Portland City Code (PCC) PCC 5.10 and the Public Contracting Rules 1.01-5.33 (PCR 5.33).

2.1 Bid Preparation

2.1.1 Bid Format

Bids must be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, telephone or facsimile bids will be accepted.

2.1.2 Conformance to Bid Requirements

Bids must conform to the requirements of the Invitation to Bid. All necessary attachments (residency statement, bid bond, references, descriptive literature, etc.) must be submitted with the bid and in the required format. Bid prices must be for the unit indicated on the bid.

Failure to comply with all requirements may result in bid rejection.

2.1.3 Conflict of Interest

By submitting a bid, a Bidder certifies that no officer, agent or employee of the City has a pecuniary interest in this Agreement has participated in preparation of the proposal or resulting Agreement, that the proposal was made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same proposals, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.

2.1.4 Cost of Bidding

This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a bid, or in making necessary studies or designs for the preparation thereof, or for procuring or Contracting for the items to be furnished under the invitation to bid.

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2.1.5 Use of Brand or Trade Names

Any brand or trade names used by the City in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired.

2.1.6 Product Identification

Bidders must clearly identify all products bid. Brand name and model or number must be shown. The City reserves the right to reject any bid when the product information submitted with the bid is incomplete.

2.1.7 Fob Destination

BID PRICES MUST BE F.O.B. DESTINATION FREIGHT PREPAID AND ALLOWED with all transportation and handling charges paid by the Bidder.

2.1.8 Exceptions

Any deviation from solicitation specifications, terms and conditions may result in bid rejection.

2.1.9 Delivery

Delivery time must be shown in number of calendar days after receipt of order.

2.1.10 Signature on Bid

Bids must be signed by an authorized representative of the Bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same goods and/or services and is in all respects fair and without collusion or fraud. Failure to sign is cause for bid rejection.

Signature on a bid also certifies that the Bidder has read and fully understands all solicitation specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without comprehending all requirements of the Invitation to Bid

2.1.11 Bid Modification

Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and bare the same markings as the bid envelope as identified on page 1.

Bidders may not modify bids after bid closing time.

2.1.12 Bid Withdrawals

Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Procurement Services prior to bid closing time. Bids may also be withdrawn in person before bid closing time upon presentation of appropriate identification.

2.1.13 Late Bids

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Sealed bids must be received and time-stamped by Procurement Services’ BuySpeed software system (procure.portlandoregon.gov) prior to bid due time on the bid due date.

Late bids will not be considered for award.

2.2 CITY SUSTAINABILITY OBJECTIVES:

The City has a history of striving to be more sustainable in its operations and planning. Starting with the City’s Sustainable City Principles (1994) the City has established a variety of policies to guide its work on sustainability, including: the Sustainable Procurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual (to view these and related City policies, go to the Portland Policy Documents Website:https://www.portland.gov/policies/administrative/purchasing/adm-109-sustainable-procurement-policy. As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and social impacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing small and local businesses; preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.

2.3 Addenda to Plans or Specifications

If, in the opinion of the Chief Procurement Officer, additional information or interpretation should be provided, an Addendum will be made available to all known specification holders. Any Addendum will be issued seventy-two (72) hours or more before the scheduled closing time for submitting bids, not including Saturday, Sunday, and legal holidays. The City shall post all Addenda on the Procurement Services website. Failure of the Bidder to exercise due diligence to receive or obtain such Addenda shall not excuse the respondent from compliance therewith if awarded the contract.

2.4 Oral Instructions

Oral instructions or information concerning the ITB documents or the project given out by officers, employees, or agents of the City to prospective Bidders are not binding unless confirmed by Addendum.

2.5 Questions or Clarifications

It is the Bidder’s responsibility to ask questions, request changes or clarifications, or inform the City of Portland, Procurement Services if it believes the language, specifications or requirements of this ITB are ambiguous, contradictory, or have other problems. Unless a different time is provided in the ITB, questions received less than seven (7) calendar days prior to the date bids are due may not be answered Clarifications of any provision of the solicitation document are binding only if the City amends the solicitation document by Addendum.

2.6 Protest of Solicitation Specifications

A Bidder who believes specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the Chief Procurement Officer. To be considered, protests must be submitted within seven (7) days after a solicitation document is advertised. Protests must be submitted via email to the Procurement Buyer identified on page 1.

2.7 Bid Opening

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Bids will be publicly opened at the scheduled opening time stated in the Solicitation. Award decisions will not be made at the bid opening.

2.7.1 Bid Evaluation and Award

Award may made to the two lowest responsive and responsible Bidders.

2.7.2 Evaluation Criteria

Bids will be awarded based upon the evaluation criteria in the Invitation to Bid and in accordance with Section 5.10 of City Code, and PCR 5.33.

Reciprocal Preference In determining the "lowest responsible Bidder”, the City will add a percent increase to each out-of-state Bidder's bid price which is equal to the percent given to local Bidders in that Bidder's home state. For example, if the "lowest responsible Bidder" is from a state that grants a 10 percent preference to local Bidders, the City will add 10 percent to that Bidder's price when evaluating the bid. Reciprocal preferences may be viewed at: https://www.naspo.org/research-and-innovation/state-preference-repository/.

2.7.3 Local Contracting: The City: prefers goods or services that have been manufactured or produced by a local business if price, fitness, availability and quality are otherwise equal;

desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements or services; and wants the residents of the State of Oregon and SW Washington to benefit from optimizing local businesses and services, and the local employment opportunities they generate.

2.7.4 Delivery

Ability to meet the City’s required delivery date shall be used to determine responsiveness.

Cash Discounts: Cash discounts will not be considered for award purposes unless stated in the bid documents.

2.7.5 Payment

The City’s standard payment term is Net 30 days. Bids which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

It is the City’s policy to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. To initiate payment of invoices, vendors shall execute the City’s standard ACH Vendor Payment Authorization Agreement which is available on the City’s website at: https://www.portland.gov/sites/default/files/2019- 09/achvendorpaymentauthorizationagreement.pdf

Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be in United States currency.

2.7.6 Bid Rejection

The City reserves the right to reject any and all bids.

2.7.7 Cancellation

The City reserves the right to cancel this solicitation at any time without award.

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2.7.8 Bid Results

Bidders who receive awards will be notified of bid results via the Procurement Services website; unsuccessful Bidders will not be directly notified. Bid results are available by phone or email.

2.7.9 Protests

A written protest regarding the procurement process or this solicitation document must be submitted within 7 days after a solicitation document is advertised. A written protest regarding contract award must be submitted in writing within 7 days after the award of a contract or Notice of Intent to Award, whichever occurs first. A written protest of any Addendum must be submitted by the close of the next business day after issuance of the Addendum. Late protests will not be considered. See PCC 5.10 and PCR 5.33.730.

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SECTION 3 SUPPLEMENTAL REQUIREMENTS

3.1 Certification

For commercial products inclusive of industry standardized products, in lieu of normal sampling and testing procedures by the Bidder and the City, the City may accept from Bidder two (2) copies of the manufacturer’s certification with respect to the product involved, under conditions set forth as follows:

Certification shall state that the named product conforms to City’s requirements and that representative samples thereof have been sampled and tested as specified. Certification shall either be accompanied with a certified copy of test results, or certify that such test results are on file with the manufacturer and will be furnished to the City upon request. Certification shall give the name and address of the manufacturer, testing agency and the date of applicable testing.

City shall not be responsible for any costs of the certification or for any costs of the sampling and testing of products in connection therewith.

3.2 Product/Service Delivery:

Bid shall identify delivery date in days after receipt of order.

3.3 Intergovernmental Co-Operative Purchasing

The Bidder awarded the contract agrees to extend identical prices and services under the same terms and conditions to all public agencies. Quantities stated herein reflect the City of Portland usage only. Purchases from other agencies do not affect the Contactor’s obligation to the City of Portland. Other agencies will execute their own Contracts with the Bidder. The successful Contractor shall provide quarterly usage reporting of the City of Portland and that of other public agencies. Any Bidder, by written notification included with their bid, may decline to extend the prices and terms of this bid to any and/or all other public agencies.

3.4 Preparation of Bids

3.4.1 Pre-Bid Meeting

There will be no pre-bid meeting or site visit scheduled for this project.

3.4.2 Intent Of Specifications

The intent of these specifications is to provide the City with a fully operational cold mix asphalt. Bidders shall include in their bids all costs for all components and labor necessary to ensure that the asphalt is fully operational, regardless of any apparent omission of any particular component of these specifications.

If it appears the City omitted an important component of any item identified in this bid, the Bidder shall bring that matter to the attention of the City during the period of time available for requesting clarification [as indicated in Section 2.3] The specifications in this ITB will be part of the Contract between the City and the successful Bidder(s).

3.4.3 Silence Of Specification

The silence or omission of the specifications as to any detail means that only the best commercial practices are to prevail in this ITB and resulting Contract; only materials and workmanship of first quality are to be used.

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3.4.4 New/Latest Model

Parts and materials must be new or the most current model. Surplus, remanufactured, and used products are prohibited unless expressly stated otherwise in the specifications.

3.4.5 Taxes

Taxes, whether State or Federal, shall not be included in the bid prices. A tax exemption certificate will be provided by the City on request.

3.5 Submission of Bids

3.5.1 Bid Submittal

By submitting a bid, the Bidder agrees to furnish any and all equipment, supplies and/or services required by the ITB, at the prices quoted, pursuant to all requirements and specifications as contained therein.

In the event of mistakes or ambiguities if the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail. All bids must be on the form furnished by the City, or it may be rejected by the City. The omission of such items as delivery dates, or any other required information may cause the offer to be considered non-responsive.

3.5.2 Bid Prices

The prices submitted shall be firm during the Contract period for one (1) year. If unit prices are requested, they shall be shown for each unit on which there is a bid. The Bid price includes the cost to obtain all permits and licenses that may be required to perform the Contract. All prices quoted shall include all packing, handling, shipping charges, and the warranty provisions and requirements as listed in these specifications, FOB delivered and unloaded at the designated location(s). If assembly is required, offered prices shall include all costs associated with delivery, assembly, set-up and proper disposal of packaging materials. The offer price shall be exclusive of any sales, purchaser, or consumer tax.

Submit unit prices if requested.

Bid prices shall remain valid for 120 calendar days from bid opening unless otherwise indicated within the ITB. If the bid is accepted, prices shall remain firm for the specified Contract period.

3.5.3 Bid Pricing Form

The Bidder shall include unit and extended pricing for all equipment offered on the form provided by the City within this solicitation or may be rejected. In the event of a conflict between unit pricing and extended pricing, unit pricing shall prevail.

3.5.4 Bid Bond

A bid bond is not required.

3.5.5 Execution Of Contract

The Bidder to whom award is made shall execute and return the Contract in the required number of copies and shall furnish all required bonds and insurance certificates satisfactory to the City within twenty (20) days after the Bidder receives the Contract.

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3.5.6 Failure To Execute Contract

Failure on the part of the Bidder to whom the Contract is awarded to execute the Contract and deliver the Contract, all required bonds and insurance certificates within the time required permits the City to cancel the award of the Contract and charge Bidder for the difference in price between its bid and that of the next lowest responsible bidder.

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SECTION 4 ATTACHMENTS

1. REPRESENTATIONS, CERTIFICATIONS

2. BID SCHEDULE

3. NON-COLLUSION AFFIDAVIT

VI. EXHIBITS AND APPENDICES

A STANDARD GOODS AND SERVICES CONTRACT [always listed as Exhibit A]

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ATTACHMENT 1

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

[This form must be submitted with bid]

OFFER DATE

OFFEROR NAME

OFFEROR DOING BUSINESS AS

OFFEROR ADDRESS

AUTHORIZED REPRESENTATIVE NAME

AUTHORIZED REPRESENTATIVE TITLE

AUTHORIZED REPRESENTATIVE PHONE

AUTHORIZED REPRESENTATIVE EMAIL

AUTHORIZED REPRESENTATIVE MAILING

ADDRESS

AUTHORIZED REPRESENTATIVE SIGNATURE

NAME OF LOCAL REPRESENTATIVE

LOCAL REPRESENTATIVE PHONE

LOCAL REPRESENTATIVE EMAIL

CITY OF PORTLAND BUSINESS LICENSE TAX

ACCOUNT #

STATE OF OREGON REGISTRY NUMBER

FEDERAL TAXPAYER IDENTIFICATION

NUMBER (TIN)

TYPE OF ORGANIZATION Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Other:

COMMON PARENT Offeror is not owned or controlled by a common parent:

Name and TIN of common parent:

Name:

TIN:

RESIDENT BIDDER

All Offerors must state whether or not they are an Oregon resident Bidder as defined in ORS

Offeror is a Resident Bidder

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279A.120, a resident Offeror is one who has paid unemployment taxes or income taxes in the State during the twelve (12) calendar months immediately preceding bid submission, has a business address in Oregon, and has stated in their bid to be a resident bidder.

Offeror is not a Resident Bidder State of Residence:

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ATTACHMENT 2

BID SCHEDULE

FOR

CITY OF PORTLAND SOLICITATION NO. 00002733

[This form must be submitted with bid]

The Offeror represents and certifies as part of the following bid:

The undersigned having full knowledge of the specifications for the item(s) listed herein offers and agrees that this bid shall be irrevocable for at least sixty (60) calendar days after the bid opening date and time, and if accepted shall furnish any and/or all items(s) at the prices offered, all required documents, licenses and certifications, guarantees, titles and warranties as required and deliver at the designated point(s) within the time specified in the schedule.

ITEM

NO.

DESCRIPTION OF PRODUCT OR SERVICE UNIT UNIT PRICE

Asphalt Cold Mixes per ITB specifications. Minimum of 10 tons per order. Delivered by Contractor to City locations.

Ton

Asphalt Cold Mixes per Technical requirements. Picked- up at Contractor's site by City personnel. (no minimum)

Ton

TOTAL BID AMOUNT $

OFFEROR (COMPANY) NAME:

NAME OF CONTACT FOR THE ABOVE PRICING:

DIRECT TELEPHONE NUMBER:

X Signature of Authorization for the above price and delivery as specified.

An Offeror submitting a bid certifies that no officer, agent or employee of the City who has a pecuniary interest in this bid has participated in preparation of the bid, that the bid is made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same call for bids, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.

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ATTACHMENT 3

NON-COLLUSION AFFIDAVIT

FOR

CITY OF PORTLAND SOLICITATION NO. 00002733

[This form notarized and submitted with bid]

STATE OF

COUNTY OF

I, , state that I am (Printed Name) (Position/Title) of and that I am authorized to execute this affidavit (Name of Firm) on behalf of this firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and the amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, offeror, or potential offeror, except as disclosed.

2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is an offeror or potential offeror, and the price(s), will not be disclosed before bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The bid of this firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. (Name of Firm) , its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described.

I state that (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied on by THE CITY OF PORTLAND, OREGON in awarding the Contract(s) for which this bid is submitted. My firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from THE CITY OF PORTLAND, OREGON of the true facts relating to the submission of bids for this Contract.

Signature

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Subscribed and sworn to before me on this _______ day __________ of _________ x

SIGNATURE OF NOTARY PUBLIC

MY COMMISSION EXPIRES________