06.Section P.pdf

Corvallis Road Waterline Improvements

PN: 2023-13

Keller Project: 223055-007

CITY OF INDEPENDENCE PAGE 25 OF 26 INVITATION TO BID

employees a written notice of the policy that both prohibits and prescribes disciplinary measures for conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

This is a Public Works Project subject either to ORS 279B.235 or ORS 279C.520. In accordance with ORS 652.220, by my Signature in Section P of this ITB, I certify that the Bidder:

o Shall comply with the nondiscrimination compliance duties outlined in ORS 652.220;

o Understands that compliance is a material element of the Contract;

o Understands that failure to comply is a breach of the Contract that entitles the Owner to terminate the Contract for Cause

SECTION O – AFFIDAVIT OF NON-COLLUSION

By my Signature in Section P of this ITB, I certify that no officer, agent, or employee of the State, County, or City who has a pecuniary interest in the Bid has participated in the Contract negotiations on the part of the City, that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder, and that the Bidder is competing solely on its behalf without connection with, or obligation to, any undisclosed person or firm.

SECTION P - SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

THIS BID MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS OR ERASURES TO THE BID MUST BE INITIALED BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned acknowledges, attests and certifies individually and on behalf of the Bidder that:

(1) The undersigned is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Bid and all Addenda, if any, issued.

(2) Bidder, acting through its authorized representatives, has read and understands all Bid instructions, Specifications, Plans, terms and conditions contained in this Bid document (including all listed attachments and Addenda, if any, issued);

(3) The Bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously issued ITB, if any.

(4) The City shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder’s failure to comprehend all requirements of the ITB.

(5) The City shall not be liable for any expenses incurred by Bidder in preparing and submitting its Offer or in participating in the Offer evaluation/selection process.

(6) The Bidder agrees to be bound by and comply with all applicable requirements of ORS 279C.800 through ORS 279C.870, the administrative rules of the Bureau of Labor and Industries (“BOLI”) regarding prevailing wage rates, and 40 U.S.C. 3141 to 3148.

(7) The Offer was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

(8) Bidder is bound by and will comply with all requirements, Specifications, Plans, terms and conditions contained in this Bid (including all listed attachments and Addenda, if any, issued);

(9) Bidder will furnish the designated item(s) or service(s) in accordance with the Specifications, Plans and requirements, and will comply in all respects with the terms of the resulting Contract upon award;

(10) Bidder represents and warrants that Bidder has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; and

Corvallis Road Waterline Improvements

PN: 2023-13

Keller Project: 223055-007

CITY OF INDEPENDENCE PAGE 26 OF 26 INVITATION TO BID

(11) Bidder has no undisclosed liquidated or delinquent debt owed to the State or any department or agency of the State;

(12) All affirmations and certifications contained in Sections J, K, L, M, N, and O of this ITB are true and correct;

(13) Bidder, if selected to be the Contractor, shall comply with State of Oregon Governor’s executive orders, OAR 437-001-0744 promulgated by the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, shall regularly consult the guidance publications regarding construction contractors and construction sites (found at https://osha.oregon.gov/pubs/Pages/index.aspx) and shall utilize these publications and information to develop, update and enforce the Contractor’s policies for safety planning and safety practices for the project. Bidder, if selected to be the Contractor, shall also comply with all other federal, state and local government statutes, regulations, administrative rules, ordinances, executive orders, Owner policies and other laws/requirements applicable to the project pertaining to workplace health and safety requirements Bidder’s compliance with this provision will be a material term of the resulting Contract, and the Contractor’s failure to comply will constitute a breach of the Contract entitling the Agency to terminate the Contract for cause or pursue other available Owner remedies under the Contract.”

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

Telephone No.:

Email:

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address: