2022200045_A1_Whiteaker Head Start Kitchen Improvements_ITB.pdf

Public Improvement

Invitation to Bid

Kitchen Improvements at Whiteaker Head Start Facility

Solicitation 2022200045

Due Date and Time:

Wednesday, May 10, 2023 2:30 PM

MANDATORY PRE-BID CONFERENCE

Monday, April 24, 2023 at 11:00 AM

Whiteaker Head Start Community Center Facility 21 N. Grand St., Eugene, OR

CITY OF EUGENE

Central Services Finance Division/Purchasing

100 West 10th Avenue, Suite 400 Eugene, Oregon 97401

Telephone: (541) 682-5055 The Purchasing Office is currently closed to the public.

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 1

I. INVITATION TO BID

INVITATION TO BID 2022200045

Notice to Suppliers Pursuant to ORS 279C.365 and City of Eugene Administrative Order 44-23-01, Public Contracting Rule (City Rule) 137-049-0200, bids for kitchen improvements at the Whiteaker Head Start Facility will be accepted electronically by the Purchasing Office until Wednesday, May 10, 2023 at 2:30 PM. Bids will be opened immediately after and publicly read aloud in a Microsoft Teams Meeting. Bids will not be accepted after the bid closing time and date. Bids shall be valid for 60 days after opening unless otherwise specified in the specifications. This Invitation to Bid (ITB) does not commit the City to pay any costs incurred by any bidder in the submission of a bid.

Project Description Head Start has received a Community Development Block Grant from the City of Eugene for needed improvements to the Whiteaker Community Center Facility located at 21 N. Grand St in Eugene, OR. In partnership with the successful bidder, the City and Head Start intend to facilitate the project. In general, work will involve modification of walls, foundation, exterior walls, and construction of a walk-in cooler/freezer. It is intended that work will commence as soon as reasonably possible.

Solicitation Documents Solicitation documents may be examined electronically by logging in to OregonBuys. To view City of Eugene solicitations:

• Scroll to Supplier Activities

• Click the Open Bids icon

• Click the Advanced Search button

• Click Select Organization

• Select City of Eugene

• Click Search\Click the Bid Solicitation # to view solicitation details and documents

A copy of the Solicitation may be also be obtained by emailing the Purchasing Analyst shown below.

Offerors must submit their bids through OregonBuys before the due date and time specified.

Offerors who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046. Contact the Purchasing Analyst below if a bid cannot be submitted via OregonBuys.

Prevailing Wage Rates This ITB is for a public improvement project which is subject to the Davis-Bacon Act (40 U.S.C. 276a). All bidders are required to consult the March 30, 2023 Davis-Bacon wage determination for Construction Type “Building”. Davis-Bacon wages for Lane County are included as Attachment D to the ITB and may be updated by addenda. This solicitation is not subject to Oregon BOLI Prevailing Wage Rages per exemption ORS 279C.810(2)(c).

Mandatory Pre-bid Conference A MANDATORY pre-bid conference is scheduled for Monday, April 24, 2023, at 11:00 AM, at the Whiteaker Head Start Community Center Facility located at 21 N. Grand St., Eugene, OR.

Only primary contractors in attendance will be permitted to submit bids for this project.

Subcontractors and suppliers are not required to attend the meeting, but are advised to do so if a site visit is necessary to submit a bid. To minimize disruption to the facility, it is the intent of the City to offer only this opportunity to view the premises. Please review the solicitation documents prior to the meeting. Statements made by the City’s representatives at the pre-bid https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2ZlYmYyZjAtODNlMC00NjM0LTgwMzMtZTdhYjc3MmVkMTdl%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22c6038ee0-bce1-46f5-a70d-ad19d798dd2d%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov https://sam.gov/search/?index=dbra&sort=-modifiedDate&page=1&pageSize=25&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5BsimpleSearch%5D%5BkeywordEditorTextarea%5D=&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5Bstatus%5D%5Bis_inactive%5D=false&sfm%5BwdLocationWrapper%5D%5BwdStates%5D%5B0%5D%5Bkey%5D=OR&sfm%5BwdLocationWrapper%5D%5BwdStates%5D%5B0%5D%5Bvalue%5D=Oregon&sfm%5BwdLocationWrapper%5D%5BwdCounty%5D%5B0%5D%5Bkey%5D=14442&sfm%5BwdLocationWrapper%5D%5BwdCounty%5D%5B0%5D%5Bvalue%5D=Lane&sfm%5Bconstruction_type%5D%5B0%5D%5Bkey%5D=Building&sfm%5Bconstruction_type%5D%5B0%5D%5Bvalue%5D=Building https://sam.gov/search/?index=dbra&sort=-modifiedDate&page=1&pageSize=25&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5BsimpleSearch%5D%5BkeywordEditorTextarea%5D=&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5Bstatus%5D%5Bis_inactive%5D=false&sfm%5BwdLocationWrapper%5D%5BwdStates%5D%5B0%5D%5Bkey%5D=OR&sfm%5BwdLocationWrapper%5D%5BwdStates%5D%5B0%5D%5Bvalue%5D=Oregon&sfm%5BwdLocationWrapper%5D%5BwdCounty%5D%5B0%5D%5Bkey%5D=14442&sfm%5BwdLocationWrapper%5D%5BwdCounty%5D%5B0%5D%5Bvalue%5D=Lane&sfm%5Bconstruction_type%5D%5B0%5D%5Bkey%5D=Building&sfm%5Bconstruction_type%5D%5B0%5D%5Bvalue%5D=Building

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 2 conference are not binding upon the City unless confirmed by written addendum issued under Section II (11.0) of this ITB.

Single Point of Contact City of Eugene Purchasing is the issuing office. Address all concerns or questions regarding this solicitation to the Purchasing Analyst identified below.

Dated: April 11, 2023

Noel Dietz, NIGP-CPP, CPPB Purchasing Analyst City of Eugene ndietz@eugene-or.gov mailto:ndietz@eugene-or.gov

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II. INSTRUCTIONS TO BIDDERS

1.0 STANDARD BID FORM

1.1 Bids shall be submitted on forms identical to those forms provided by the City. The bidder shall make no alterations or additional stipulations on the bid form nor qualify the bid in any other manner. Alteration of any part of the bid form content will cause the bid to be considered non-responsive.

1.2 All available fields on the bid form shall be filled in electronically, by typewriter or manually, in ink. Mistakes must be crossed out and corrections typed or written in ink and initialed by the party signing the bid. No erasures are permitted. The omission of any required information or forms may invalidate a bid.

1.3 Complete sets of bid documents shall be used in preparing bids.

2.0 SUBMISSION

2.1 Offerors must submit their bids through OregonBuys before the due date and time specified. Offerors who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

2.2 Offeror is responsible for submitting their bid prior to the closing time and date. Late bids will not be accepted. The City is not responsible for any delays caused by computer/software issues.

2.3 Oral, telephonic, telegraphic, or faxed bids are invalid and will not be considered.

Emailed bids may be considered if approved in advance by the Purchasing Analyst.

3.0 MINIMUM REQUIREMENTS

The successful bidder must meet the following criteria to be considered for award:

3.1 Reference checks to be satisfactory and shall be graded on a pass/fail basis. Note:

References shall only be checked for the lowest responsive, responsible bidder, and subsequent responsive, responsible bidder should the aforementioned not meet the requirements as stated in this ITB. The City may check some or all the bidder’s references during this process.

3.2 References/Experience Form must contain one reference/project that required either BOLI and/or Davis-Bacon prevailing wages. The successful bidder will be required to conform to the wage requirements prescribed by the federal Davis-Bacon and Related Acts which requires that all laborers and mechanics employed by contractors and sub-contractors performing on contracts funded in whole or in part with federal funds in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits, as determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area.

https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 4

3.3 No contract shall be awarded to a contractor, subcontractors, as well as any firm, corporation, partnership or association in which the contractor or subcontractor has a financial interest that is ineligible for Federally-assisted work (https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf).

3.4 Contractor must be licensed by the Construction Contractors Board (CCB) to be considered a Responsive bidder for the ITB.

3.5 Anyone who will perform work that will disturb painted surfaces must be trained in lead-safe work practices or be supervised by a certified abatement supervisor.

3.6 Primary contractor or chosen sub-contractors must be licensed or otherwise authorized to install the specified roofing and perform the necessary exterior repairs.

See Section V. Specifications.

4.0 PERMITS

Contractor is responsible for applying for all permits to accomplish the work. The City will pay for all required permits.

5.0 LEAD-BASED PAINT AND ASBESTOS

The main structure is believed to have been constructed in 1927. In June 2017, Lead-based paint was tested in the areas to be disturbed, see Attachment C for the results. The building is used for non-residential purposes therefore this project is exempt from all requirements of HUD’s Lead Safe Housing Rule, 24 CFR Part 35. However, the building is a child-occupied facility therefore EPA’s Lead-based paint renovation, repair and painting program for work practice requirements apply, particularly for Exterior Renovation Projects. However, all paint should be considered to be lead-containing paint and contractor shall follow all lead-safe work practices. Anyone who will perform work with disturbed painted surfaces must be trained in lead-safe work practices or be supervised by a certified abatement supervisor.

Documentation supporting this training/certification will be required prior to contracting.

An Asbestos Bulk Sample Report was also done in June 2017 for Asbestos Containing Materials (ACM). The results can be found in Attachment C. It is not confirmed if any is expected to be encountered with this scope of work.

Contractor shall adhere to all applicable state, federal, and local regulations as applicable regarding impacts to lead-containing paint and asbestos containing materials for all related activities performed, including waste disposal.

6.0 SILENCE OF SPECIFICATIONS

The apparent silence of the specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

It is intended that the Contractor in the selection of components will use material and design practices that are the best available in the industry for the type of operating conditions to which the item(s) will be subjected and at the least meets the minimum standards of performance as specified in this Request. All parts, equipment and accessories shall, at the least, conform in strength, quality of material and workmanship to recognized industry standards and the minimum requirements of this Request.

https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf

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7.0 SOLICITATION MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst, in writing, preferably by email, in conformance with City Rule 137-049-0260, and no less than 6 calendar days PRIOR to the solicitation closing, and submitted separately from the solicitation response.

A request for change shall be marked “Contract Provision Request for Change” and include the solicitation number and title along with a statement of the requested change(s) to the Contract terms and conditions, including any Specifications, together with the reason for the requested change.

Contents of questions, clarifications, modifications, or substitutions shall include the following, as applicable:

• The solicitation number and title

• A reference to the page and item being addressed

• The reason and any proposed alterations

Questions, clarifications, modifications, or substitutions included with the response to the solicitation may cause it to be considered non-responsive.

8.0 BID MODIFICATION OR WITHDRAWAL

8.1 Bids may be modified in writing prior to closing in accordance with City Rule 137-

049-0280. Bidder shall submit any modification to its bid in accordance with the requirements for submitting a bid listed in II. INSTRUCTIONS TO BIDDERS, 2.0

SUBMISSION.

Any modification must include the bidder’s statement that the modification amends and supersedes the prior bid. The bidder shall mark the submitted modification as follows:

8.1.1 Bid Modification; and

8.1.2 Solicitation Number

8.2 Bids may be withdrawn by written notification on company letterhead signed by an authorized person and received prior to the time and date set for bid closing or as otherwise authorized by City Rule 137-049-0320(2).

9.0 OR EQUAL

9.1 Whenever a process is designated or a manufacturer’s name, brand, or item is designated or described, it shall be understood that the words, “or equal” follow such name, designation, or description, whether in fact they do so or not, unless no substitution is stated in the specifications. Items bid other than specified must be determined by the Purchasing Analyst as an approved equal. Submit to the Purchasing Analyst their intent to bid an approved equal no less than six (6) calendar days prior to the bid closing. Include detailed specifications, cut-sheets, and modifications necessary that would make the proposed item equal to the desired specifications.

9.2 Approval of alternate materials and equipment shall rest solely with the City and all bidders shall be notified of such approval by addenda prior to the bid opening.

10.0 SOLICITATION PROTESTS

If a prospective bidder believes that the procurement process is contrary to law or that this solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name, the prospective bidder may file a protest with the City. Protests must be submitted in writing to the City’s Purchasing Manager, no less than five (5) calendar days

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 6 prior to solicitation closing. The protest must be emailed to Eugene.Purchasing@ci.eugene.or.us, clearly identified as a protest and identifying the solicitation being protested. Faxed protests shall not be accepted.

The Purchasing Manager shall consider the protest if it is timely filed in accordance with City Rule 137-049-0260 and contains the following information: 1) sufficient information to identify the solicitation that is the subject of the protest; 2) the grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name; 3) evidence or supporting documentation that supports the grounds on which the protest is based; and 4) the relief sought. The Purchasing Manager shall issue a decision on the protest no fewer than three

(3) business days before the solicitation closing, unless a written determination is made by the Purchasing Manager that the public interest requires a shorter time limit.

11.0 ADDENDA AND INTERPRETATIONS

11.1 Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and Offerors shall receive addenda per City Rule 137-047-0430, and as follows: City will not mail notice of addenda, but will publish any addenda on the OregonBuys site. Addenda may be downloaded from the OregonBuys site. Offerors should frequently check the OregonBuys site until closing (i.e., at least once weekly until the week of closing, and at least once daily the week of the closing period).

11.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-049- 0210(1) shall be binding upon the proposer.

12.0 NONDISCRIMINATION

12.1 Submittal of a bid in response to this ITB evidences bidder’s agreement that, in performing the work called for by this ITB and in securing and supplying materials, bidder has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disable veteran as defined in ORS 408.225.

12.2 The City of Eugene, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

13.0 PREPARATION OF BIDS

Bidders are expected to examine the specifications, schedules and all instructions. The City is not liable for costs associated with preparation of bids in response to this ITB.

14.0 EMPLOYEES NOT TO BENEFIT

No employee or elected official of the City of Eugene shall be permitted to receive any share or part of this contract or any benefit that may arise therefrom.

mailto:Eugene.Purchasing@ci.eugene.or.us

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 7

15.0 CITY FURNISHED PROPERTY

No material, labor or facilities will be furnished by City unless otherwise provided for in this

ITB.

16.0 PERFORMANCE AND PAYMENT BONDS

In accordance with City Rule 137-049-0460 the successful bidder shall provide within thirty

(30) days after receiving the bid award a performance bond and payment bond each in a sum equal to the Contract Price. The bonds shall be dated concurrent to, or subsequent to, the date of the Contract.

17.0 BID SECURITY

Each bid shall be accompanied by a bid security in the amount of five percent (5%) of the Base Bid price. The security is to be furnished by the company who will construct the Public Work/Public Improvement offered.

18.0 PUBLIC WORKS BOND

Before starting work on a project, a contractor or subcontractor, unless exempt under ORS 279C.800 to 279C.870, shall file with the Construction Contractors Board a Public Works bond in the amount of $30,000 with a corporate surety authorized to do business in the state of Oregon. Before starting work on a contract for a public works project, the contractor shall provide the City with a written statement certifying contractor and any subcontractor have filed a public works bond as required above.

19.0 LIQUIDATED DAMAGES

Reserved.

20.0 RESERVED RIGHTS

The City reserves the right:

A. To reject any bid not in compliance with all prescribed public bidding procedures and requirements.

B. To reject for good cause any or all bids upon the City’s written finding that it is in the public interest to do so.

C. To reject any and all bids not meeting or differing from the specifications set forth herein.

D. To waive any or all informalities in the bids submitted.

E. To consider the competency and responsibility of bidders in making any awards.

F. In the event that two or more bids are identical in price, fitness, availability and quality, award shall be made in accordance with City Rule 137-046-0300.

G. In the event any bidder or bidders to whom a contract is awarded shall default in executing said formal contract or in furnishing a satisfactory performance bond within the time and manner herein after specified, to re-award the contract to another bidder or bidders.

H. To extend the deadline for submitting bids, in according with City Rule 137-049-0250(3).

I. To negotiate additions or deletions to goods and services requested.

21.0 RECYCLABLE PRODUCTS

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document, provided said recycled materials

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 8 meet all applicable standards. Preference for such recycled materials shall be given pursuant to City Rule 137-046-0320.

22.0 CONSIDERATION OF BIDS

Bids will be opened publicly in a Microsoft Teams Meeting at the due date and time indicated in the ITB or any extension thereof made by addendum. Bidders and other interested parties are invited to be present at the bid opening; however, the identity of the successful bidder will not be determined at the bid opening time.

22.1 It is the intent of the City to award a contract to the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of these bidding documents and does not exceed the funds available. Consistent with the provisions of the bid documents, award may be made by item, groups of items, or the entire bid upon the City’s determination that it is in the public interest to do so.

22.2 In determining the lowest responsible bid, the City shall, for the purpose of awarding the contract, add a percent increase to the base bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. The City shall rely on the Oregon Department of Administrative Services’ published list of states, which gives preference to in-state bidders to determine the percent increase to be added.

22.3 The City shall give preference to materials and supplies manufactured from recycled materials when available at a cost no greater than five (5) percent above the cost of comparable products manufactured from virgin materials. Subsequent contract or purchase order award will be based on these criteria, and may contain applicable standard contract provisions as required by law.

22.4 The City shall provide written notice by email, regular mail, or facsimile of the City’s intent to award the contract. Award shall not be final until the later of the following:

a. Seven (7) calendar days after the date of the Notice of Intent to Award; or

b. City provides a written response to all timely filed protests, if any, that denies the protest and affirms the award.

Bidders may protest the notice of intent to award the contract in accordance with City Rule 137-049-0450.

23.0 PUBLIC RECORDS

23.1 This ITB and one copy of each original bid received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of a file or record which shall be open to public inspection. If a bid contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following;

“This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance.” ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a bid may depend upon official or judicial determinations made pursuant to the Public Records Law.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2ZlYmYyZjAtODNlMC00NjM0LTgwMzMtZTdhYjc3MmVkMTdl%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%22c6038ee0-bce1-46f5-a70d-ad19d798dd2d%22%7d

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 9

23.2 The above restrictions may not include cost or price information which must be open to public inspection.

24.0 HUD SECTION 3 INFORMATION

This project is subject to Section 3 of the Housing and Urban Development Act of 1968 which states "that, to the greatest extent feasible, opportunities for training and employment be given to Section 3 workers within the metropolitan area in which the project is located" (City of Eugene). Where feasible, priority for opportunities and training should be given to Section 3 workers residing within the service area or the neighborhood of the project and participants in YouthBuild programs. A "good faith effort" includes, but is not limited to, practices such as, engage in outreach efforts to generate job applicants who are Targeted Section 3 workers, provide training or apprenticeship opportunities, or contact community organizations and public or private institutions in the area particularly those representing women and minorities and/or low-income groups, etc. Additionally, contractors are urged to register at the HUD Section 3 Business registry. The Section 3 Business Registry is a listing of firms that have self-certified that they meet one of the regulatory definitions of a Section 3 business and are included in a searchable online database that can be used by agencies that receive HUD funds, developers, contractors and others to facilitate the award of certain HUD funded contracts.

25.0 HUD SECTION 3 REQUIRED SUBMITTALS

25.1 HUD Section 3 Contractor Compliance Plan form

26.0 PUBLIC WORKS ADDITIONAL INSTRUCTIONS

26.1 All requested alternates shall be bid. If no change in the base bid amount is required, enter “No Change.”

26.2 Where two or more bids for designated portions of the work have been requested, the bidder may, without forfeiture of its bid security (if required), state its refusal to accept an award of less than the combination of the bids stipulated by the bidder.

26.3 The City may not receive or consider a bid for a public improvement contract unless the bidder is licensed by the Construction Contractors Board. The City will check the Construction Contractors Board (CCB) list of vendors not qualified for Public Improvement contracts to verify that the lowest bidder is eligible for public improvement contracts. The lowest bidder will also be evaluated to determine if it meets standards of responsibility. A responsibility determination form required by the Construction Contractors Board will be completed by the City and submitted to the CCB within 30 days of award of the contract.

26.4 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. The price offered must include any fuel surcharges or applicable tariffs. Packing and transportation expenses are the responsibility of the bidder. All prices bid must be F.O.B. Destination, Freight Prepaid and Allowed, delivered and unloaded at delivery address listed.

26.5 Include complete standard warranty information and factory specifications on equipment offered. For the warranty, include the length of time, covered components, repair site (City or Contractor site) and availability of parts and service not covered under the warranty. If an extended warranty is available, include the details of the extended warranty.

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 10

27.0 PUBLIC WORKS REQUIRED SUBMITTALS

27.1 Drug Testing Certificate. Bidder is required to submit a completed Drug Testing

Certificate with its bid. The bidder must state that it has and will maintain during the performance of the contract, an employee drug testing program.

27.2 First Tier Subcontractor Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is estimated by the Contracting Agency to be greater than $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract either in its Bid submission, or within two hours after Bid Closing:

(1) The subcontractor's name,

(2) The category of Work that the subcontractor would be performing, and

(3) The dollar value of the subcontract.

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.

THE CONTRACTING AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO

SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED

DEADLINE (see Rule 137-049-0360).

27.3 Bid Security. Each bid shall be accompanied by a bid security in the amount of five percent (5%) of the bid price. The security is to be furnished by the company who will construct the Public Work/Public Improvement offered.

28.0 CONTRACT AWARD

Submittal of a bid evidences bidder’s intent to execute and be bound by the terms of the attached contract. Negotiation will be conducted only as allowed by City Rule 137-049- 0420. After award of the contract, City and Contractor may only modify the contract in accordance with City Rule 137-049-0910.

29.0 ANNOUNCED AWARDEE

It is anticipated that a tentative contract awardee will be announced in writing to each bidder within 30 days from the date of opening. The announcement is for procedural purposes only and does not create any contractual rights in the tentative contract award. The City will not be bound to the tentative contract awardee until a contract has been executed by the City.

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 11

III. SUSTAINABILITY & SOCIAL EQUITY

The City is interested in products and services that have a reduced impact on human health and the environment and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related City policy and plans, please refer to the City’s Sustainable Purchasing website at http://www.eugene-or.gov/sustainpurch. The awardee will be expected to support the City’s goals by implementing the following strategies where applicable.

1.0 WASTE REDUCTION

Pursuant to City Zero Waste efforts, the City aims to prevent waste where possible. In order to increase efficient use of resources, the awarded bidder shall adhere to the following items as applicable.

1.1 The awarded bidder is to duplex all paper materials that are prepared for the City under the contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

1.2 Contractor is expected to prevent, reduce, recycle or otherwise divert waste generated from the provision of services procured by the City. City may request information about diversion tactics utilized and quantities of waste materials diverted.

2.0 IDLING REDUCTION

In the interest of reducing air and noise pollution and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination and must not cause or allow an engine to idle at any location for more than 20 seconds.

This idling policy applies except in the following situations:

a. The health and safety of employees, sub-contractors or public is compromised in turning off the vehicle.

b. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

c. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

3.0 ENVIRONMENTALLY PREFERRED PRODUCTS

To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requests vendors under City contract use environmentally preferable products in production of City work products.

3.1 The awarded bidder should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement.

Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy Efficient

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third party program such as

EcoLogo or ENERGY STAR.

http://www.eugene-or.gov/sustainpurch

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4.0 SOCIAL EQUITY

Economic prosperity through diversity and collaboration is fundamental to the Equity in Contracting program. Part of Eugene’s City Council Vision states that we will “Encourage a strong, sustainable and vibrant economy, fully utilizing our educational and cultural assets, so that every person has an opportunity to achieve financial security.” The program aims to reduce barriers for local, small, minority and women-owned businesses to leverage all that our community has to offer, strengthening the business community as a whole.

The City supports the utilization of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF) at both a prime and subcontracting and/or supply chain level.

The City encourages eligible suppliers to gain certification and encourages the awarded proposer to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses in the fulfillment of the scope of work:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Certification Office of Business Inclusion and Diversity (COBID) by visiting their website at:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp to find certified businesses from whom to procure products or services.

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp http://dasapp.oregon.gov/qrf/index.aspx

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 13

IV. ANTICIPATED BID SCHEDULE

The following is the anticipated schedule for submission and review of bids and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the bid submittal deadline will be done by an addendum to this ITB.

ACTIVITY DATE

Invitation to Bid issued .................................................................................. April 11, 2023

Mandatory Pre-bid Conference ............................................ April 24, 2023 at 11:00 AM

Last date to request solicitation clarification or change ................................. April 26, 2023

Last date to protest solicitation ...................................................................... April 28, 2023

Bids due no later than ................................................................. May 10, 2023 2:30 PM

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V. REQUIREMENTS / SPECIFICATIONS

Generally, the work includes site modifications to accommodate a walk-in cooler freezer from Curtis Restaurant Equipment, replacement of one exhaust fan in the kitchen, and removal of asphalt form the courtyard.

See Attachment A, Plans

See Attachment B, Specifications

See Attachment C, Asbestos Bulk Sample Report

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VI. FORMS TO SUBMIT WITH BID

STANDARD BID FORM

Solicitation 2022200045

I, the undersigned, and authorized representative of certify the following: (Company Name)

Acknowledgement of terms, conditions and specifications

1. The bidder represents that bidder is properly licensed and adequately experienced, equipped, organized and financed to furnish and deliver the equipment specified and perform the services required.

2. The bidder has carefully checked the figures entered in the form, has carefully reviewed for accuracy all statements in this bid and attachments, and agrees that the City will not be responsible for any errors or omissions of the bidder in preparing this bid. The bidder agrees that this bid may not be revoked or withdrawn for 60 calendars days after the date on which bids are received.

3. Contract Execution. The bidder agrees that if this bid is accepted it will, within 14 calendar days after having received the Notice of Award, execute and return to the City the Contract in the form included in the Contract Documents and will, at or before that time, deliver insurance documentation as required.

4. Addenda. The bidder acknowledges that it has received the following Addenda No(s):

and agrees that all addenda issued are a part of the Contract Documents and have been considered in preparing this bid. (Bidder: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws Offeror hereby agrees to comply with all applicable Oregon public contracting code provisions, as more specifically described in the attached contract and associated Exhibit A. Offeror attests that it complied with the applicable state and local tax laws including, but not limited to, ORS 305.385, ORS 305.620, ORS chapters 316, 317, and 318 for no fewer than six years into the past from signature and will continue to comply with the tax laws during the term of this contract. ____ initials.

Access to Plant or Place of Business Bidder agrees that the City may enter a contractor’s or subcontractor’s plant or place of business during normal business hours for the following purposes: inspect and/or test supplies or services for acceptance by the City pursuant to the terms of the Contract, and investigate the bidder’s minority business certification or other bidder qualifications.

Residency Bidder is _____ is not _____ an Oregon Resident Bidder.

An Oregon Resident Bidder, as defined by ORS 279A.120, means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, and has a business address in this state.

If bidder is not an Oregon Resident Bidder, in the field provided indicate the bidder’s (Business)

State of Residence. _____________________

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 16

Certification of Nondiscrimination Bidder has not and will not discriminate against a subcontractor in the awarding of a subcontract because a subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225.

Certification Regarding Debarment By submitting a bid under this solicitation, the bidder certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction and will verify each lower tier subcontract that exceeds $25,000 is not debarred or otherwise disqualified in this federally assisted project.

Noncollusion The bidder certifies that the bid has been arrived at by the bidder, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, bidder, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent bids or competition. The contents of the bid herein presented and made have not been communicated by the bidder or their employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the solicitation, and will not be communicated to any such person prior the closing time of the solicitation.

We therefore offer the following equipment/service at the prices indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

BID TABULATION

(refer to Attachment A Plans and Attachment B Specifications)

ITEM DESCRIPTION UNIT PRICE

BASE BID: Lump sum to complete the project per the included plans and specifications. Job $

Prevailing Wage Rate Acknowledgement The contract is subject to the Davis-Bacon Act (40 U.S.C. 276a). The contractor and every subcontractor on the project shall pay at a minimum the federal prevailing wage as specified for this project. The contractor certifies compliance with the Davis-Bacon Act concerning the payment and certification of payment of prevailing wage rates and has considered this when preparing this bid. __________ (initial)

Completion/Delivery Date The bidder agrees, if awarded the contract, to begin the work within ____ days after receipt of notice to proceed is received from the City of Eugene and to maintain progress as outlined in the contractor provided progress schedule.

Experience Bidder certifies they have _______ years’ experience of similar construction work, and that Bidder or subcontractor(s) meet the minimum experience requirements outlined in the specifications.

CCB Registration As a condition to submitting this bid, a contractor must be registered with the Oregon Contractors Board in accordance with Oregon State Law, and disclose their registration number. Failure to register and disclose the number will make this a nonresponsive bid and the bid will be rejected, unless contrary to Federal Law. In the field below, enter your Oregon Contractor Board Registration Number.

ITB 2022200045 Whiteaker Head Start Kitchen Improvements 17

Oregon Licensed Contractor Business Contractor Registration Number:

Expiration Date:

Subcontractor CCB Registration The bidder hereby certifies that all subcontractors performing construction work for this contract are eligible to receive Public Works Contracts and have filed a Public Works bond with the Oregon Construction Contractors Board prior to commencing work under this contract.

Bid 2022200045 submitted by:

Name: Title:

Signature: Date:

Company Name:

Address:

Phone: Fax:

Email Address:

Company contact for this project (if different from above):

Name: Title:

Phone: Email Address:

Required Submittals Check List Requirement Initials

Signed Standard Bid form Drug Program Certificate 1STTier Subcontractor Disclosure form

References/Experience form

HUD Section 3 Contractor Compliance Plan Bid Security equal to 5% of Base Bid

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CERTIFICATE OF BIDDER/CONTRACTOR

EMPLOYEE DRUG TESTING PROGRAM

ORS 279C.505(2)

Solicitation No. 2022200045

BIDDER’S NAME:

ORS 279C.505 (2) provides that every public improvement contract contain a condition that the contractor shall demonstrate that an employee drug testing program is in place. The City’s award of the contract (the “Contract”) for which this certificate is required is conditioned, in part, upon the bidder’s demonstration of compliance with the provisions of ORS 279C.505 (2). If the bidder named above (the “Bidder”) is awarded the Contract, this certificate shall become a part of, and shall constitute a continuing representation and warranty under the Contract.

To induce the City of Eugene to award the Contract to the Bidder, the undersigned, as the duly authorized representative of the Bidder, hereby represents and warrants, on behalf of the Bidder:

1) That Bidder has and enforces, and at all times during the term of the Contract will have and enforce, a written employee drug testing policy that, at a minimum:

a) Requires pre-employment drug testing;

b) Requires drug testing of an employee when the Bidder has reasonable cause to believe the employee is under the influence of drugs;

c) Requires compliance with the Oregon Department of Transportation Commercial Drivers License drug testing regulations.

2) A copy of the Bidder’s current written employee drug testing policy will be available for inspection by the City at any time upon the City’s request.

3) The Bidder/Contractor understands and agrees that its representations and warranties herein will become a continuing part of the Contract and that breach of any of the foregoing will be sufficient grounds for debarment under ORS 279C.130.

The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance or procedure of Contractor’s drug testing program. Nothing in this drug testing provision shall be construed as requiring Contractor to violate any legal, including constitutional, rights or any employee, including but not limited to, selection of which employees to test and the manner of such testing. The City shall not be liable for Contractor’s negligence in establishing or implementing, failure to establish or implement a drug testing policy, or for any damage or injury caused by Contractor’s employees acting under the influence of drugs while performing work covered by this contract. These are Bidder/Contractor’s sole responsibilities.

In witness whereof, the Bidder has caused this document to be executed by its duly authorized representative on the date shown below.

SIGNATURE:

PRINTED NAME:

TITLE:

DATE:

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FIRST TIER SUBCONTRACTOR

DISCLOSURE FORM

ITB 2022200045

PROJECT NAME: BID No:

BID CLOSING: Date: Time:

The bidder must identify first-tier contractors that will be furnishing labor or will be furnishing labor and materials in connection with the public improvement contract and will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid. The subcontractor disclosures are public records and will be made available for public inspection.

This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS

IF NEEDED.)

NAME DOLLAR CATEGORY

VALUE OF WORK

1) $

2) $

3) $

4) $

5) $

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

FORM SUBMITTED BY (BIDDER NAME):

CONTACT NAME:

PHONE: FAX:

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REFERENCES/ EXPERIENCE FORM

ITB 2022200045

BIDDER’S NAME:

Company: Contact Name:

Address: City, State, Zip:

Phone Number: Fax:

Project Name and Location:

Year of Project:

Additional Project Information:

Phone Number: Fax:

Project Name and Location:

Year of Project:

Phone Number: Fax:

Project Name and Location:

Year of Project:

Note whether project required BOLI or Davis-Bacon wages.

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SECTION 3 CONTRACTOR COMPLIANCE PLAN

City of Eugene

Project Name_________________________________________ Date _____________

Company Name ______________________________________

Contact ____________________ Phone Number_________________ Email

This Compliance Plan is to be completed by the general contractor as a part of the bid process.

The general contractor is required to complete a Section 3 Reporting Form for any prime contract that is over $200,000. The general contractor is responsible for obtaining information for the Section 3 Compliance Packet from all subcontractors. The completed report must be submitted before the final payment is disbursed and as requested by the City of Eugene during the construction process as needed to monitor compliance.

Purpose. Section 3 is a clause in the Housing and Urban Development Act of 1968. Its intent is to provide job training and employment opportunities to local low-income residents and the businesses they own or that employ them for construction projects that receive HUD funding.

Goals. Of the total hours worked on the project, 20% will be worked by Section 3 workers and 5% by Targeted Section 3 workers. The contractor must provide documentation of how new employment and subcontracting opportunities have been directed to the greatest extent feasible to Section 3 residents and business concerns to try to achieve these goals. This documentation must include efforts made by subcontractors to direct hiring opportunities to Section 3 residents.

General Contractor Responsibilities

• Inform subcontractors. Ensure subcontractors follow their Section 3 responsibilities.

o Section 3 outreach and contract requirements are necessary for…