2024-28 WWC-SD-CIPP-ITB-Final.pdf

INVITATION TO BID

FOR A PUBLIC WORKS CONSTRUCTION PROJECT

CITY OF ASHLAND, OREGON

Wastewater Collections and Storm Drainage-CIPP

Project Number: 2024-28

Project Type: Sewerline Construction

BIDS DUE BY: 02:00:00 pm PST 4/29/2025

Wastewater Collection and Storm Drainage-CIPP

Project No. 2024-28 Sewerline Construction

TIME AND PLACES OF RECEIVING BIDS (BID CLOSING)

Bid Closing for the work described above will be at 02:00:00 pm PST on the 29th day of April 2025. Bids will be received by Chance Metcalf, Project Manager at the following time and places:

Before 02:00:00 pm PST on the day of Bid Closing.

For Bids submitted by mail or parcel delivery service, send to:

City of Ashland c/o Chance Metcalf, Project Manager 20 E. Main Street Ashland, OR 97520

For Bids submitted by hand delivery, obtain a date stamp on the Bid and submit to:

City of Ashland c/o Chance Metcalf, Project Manager 51 Winburn Way Ashland, OR 97520

Bids, Bid modifications, and Bid withdrawals will not be accepted at or after 02:00:00 pm PST on the day of Bid Closing.

PLACE, TIME, AND DATE OF READING BIDS (BID OPENING)

Bid Opening for the work described above will be in the Siskiyou Room of the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, Oregon, beginning at 02:00:00 pm on the day of Bid Closing.

COMPLETION TIME LIMIT

See Special Provisions Subsection 00180.50(h).

CLASS OF WORK

The Class of Work for this Project is the combination of 1) Earthwork and Drainage.

APPLICABLE SPECIAL PROVISIONS

The Special Provisions booklet applicable to the above-described work, for which Bids will be opened at the place, time, and date stated above, is that which contains the exact information as shown above.

Bidders are cautioned against basing their Bids on a booklet bearing any different description, date(s), Class of Project, or Class of Work.

Introduction and Table of Contents

All Contract Documents are listed below. Documents are either attached or bound separately and available from the Project Manager. All Documents bound separately are incorporated into the Contract Documents and have the same force and effect as though set forth in full herein.

BID AND BID SCHEDULE

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

STATEMENT OF QUALIFICATIONS LINER INSTALLATION

PUBLIC IMPROVEMENT CONTRACT

CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE

CERTIFICATE OF REPRESENTATION

STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

(EXHIBIT A)

1. Contractor is Independent Contractor

2. Subcontracts and Assignment

3. No Third-Party Beneficiaries

4. Successors in Interest

5. Contract Documents

6. Contractor’s Representations

7. Drug Testing [ORS 279C.505(2)]

8. Notice to Proceed

9. Suspension of the Work

10. Early Termination

11. Payment on Early Termination

12. Remedies

13. Access to Records

14. Ownership of Work

15. Compliance with Applicable Law

16. Registration with Construction Contractor’s Board

17. Prevailing Wages/ BOLI Fee

18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545]

19. Medical Care and Workers Compensation [ORS 279C.530]

20. Retainage

21. Progress Payments

22. Final Estimate and Final Payment

23. Change Orders / Extra Work

25. Inspection and Acceptance

26. Liquidated Damages

27. Liability, Indemnity and Hold Harmless

28. Insurance

29. Performance, Payment and Warranty Bonds / Notice of Bond Claims

30. One-Year Warranty

31. Nondiscrimination in Labor

32. Construction Debris and Yard Waste

33. Environmental Regulations

34. Waiver

35. Errors

36. Severability

37. Attorney’s Fees

38. Business License

39. Notices/Bills/Payments

40. Conflict of Interest

41. Merger Clause

ATTACHMENTS: EXHIBITS B-J

BID BOND

PERFORMANCE BOND

PAYMENT BOND

SPECIAL PROVISIONS

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

SECTION 00140 - SCOPE OF WORK

SECTION 00150 - CONTROL OF WORK

SECTION 00160 - SOURCE OF MATERIALS

SECTION 00165 - QUALITY OF MATERIALS

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 00180 - PROSECUTION AND PROGRESS

SECTION 00190 - MEASUREMENT OF PAY QUANTITIES

SECTION 00195 - PAYMENT

SECTION 00196 - PAYMENT FOR EXTRA WORK

SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK

SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS

SECTION 00210 - MOBILIZATION

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

SECTION 00225 - WORK ZONE TRAFFIC CONTROL

SECTION 00240 - TEMPORARY DRAINAGE FACILITIES

SECTION 00253 - TEMPORARY WORK ACCESS AND CONTAINMENT

SECTION 00280 - EROSION AND SEDIMENT CONTROL

SECTION 00290 - ENVIRONMENTAL PROTECTION

SECTION 00305 - CONSTRUCTION SURVEY WORK

SECTION 00330 - EARTHWORK

SECTION 00405 - TRENCH EXCAVATION, BEDDING, AND BACKFILL

SECTION 00440 - COMMERCIAL GRADE CONCRETE

SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS

SECTION 00445 - SANITARY, STORM, CULVERT, SIPHON, AND IRRIGATION PIPE

SECTION 00470 - MANHOLES, CATCH BASINS, AND INLETS

SECTION 00495 - TRENCH RESURFACING

SECTION 00610 - RECONDITIONING EXISTING ROADWAY

SECTION 00620 - COLD PLANE PAVEMENT REMOVAL

SECTION 00640 - AGGREGATE BASE AND SHOULDERS

SECTION 00641 - AGGREGATE SUBBASE, BASE, AND SHOULDERS

SECTION 00744 - ASPHALT CONCRETE PAVEMENT

In the event of a conflict, Supplementary Conditions control over all Standard Specifications and other contract documents. To the extent Standard Specifications and other contract documents conflict, the more restrictive requirement or provision shall control, except where otherwise noted in the contract documents, addenda, or amendment.

PART III – MAPS – BOUND SEPARATELY

Pipe Segment Index & Maps

CHECKLIST FOR BID SUBMITTAL

1. Bid Schedule (Page 11-23) Fill in bidder information on first page Indicate amount of bid bond on paragraph 17 Indicate bidder status on paragraph 24 Indicate number of addenda received on paragraph 31 Fill in bidder information and sign paragraph 34 Fill in unit prices and amounts for all bid items Fill in total bid amount

2. First Tier Subcontractor Disclosure Form

Fill in this form and include with bid schedule (or within 2 hours of closing) Page 20

3. Bid Bond Provide 10% bid bond on form included on page 56

4. Statement of Qualifications

Fill in this form and include with bid schedule (or within 2 hours of closing) Page 21

5. Product Information Sheet Fill in this form and include with bid schedule (or within 2 hours of closing) Page 23

CHECKLIST FOR CONTRACT SUBMITTAL

1. Standard Public Improvement Contract Fill in contractor data and certification on page 2 and 3 of the contract forms Sign on page 3 of the contract form

2. Certifications of Representation

Check all items that apply and sign

3. IRS Form W-9

4. Exhibit D – Certification Statement for Corporation as Independent Contractor

5. Performance Bond Provide on form provided on page 58-59 (or approved surety form)

6. Payment Bond

Provide on form provided on page 60-61 (or approved surety form)

7. Insurance certifications as required by Exhibit C (page 53)

This page intentionally left blank

PART I

BID & CONTRACT DOCUMENTS

INVITATION TO BID

CITY OF ASHLAND, OREGON

DEPARTMENT OF PUBLIC WORKS

WASTEWATER COLLECTION AND STORM DRAINAGE-CIPP, Project No. 2024-28

Notice is hereby given that sealed Bids for furnishing all materials, equipment, labor, and services for the WASTEWATER COLLECTION AND STORM DRAINAGE-CIPP PROJECT, PROJECT NO. 2024-28 will be physically received by Chance Metcalf, Senior Project Manager, Siskiyou Conference Room, Ashland Community Development located at 51 Winburn Way, Ashland, Oregon, (mailing address: 20 E. Main Street, Ashland OR 97520), until 02:00 PM PST (Siskiyou Conference Room Clock) on April 29, 2025, at which time Bids will be publicly opened and read aloud. Bids physically received after this date and time will not be considered. All Bids received prior to the due date and time and in proper form will be publicly opened and read in the Siskiyou Conference Room at the time set forth above as the deadline for receipt of Bids. Thereafter Bid documents shall be made available for public inspection. If the total amount of the contract to be awarded exceeds $250,000, the award of the contract must be approved by the Local Contract Review Board. A contract for work will be awarded or Bids may be rejected, separately or entirely, within thirty (30) days after the date and time set for Bid opening.

The general character of the work for this project includes supplying all labor, equipment, and materials necessary to complete the Wastewater Collection and Storm Drainage Rehabilitation project #2024-28, including, but not limited to, the following approximate quantities for major work items:

Install Cured-in-Place-Pipe CIPP Lining ranging from 6”-36” – 12,025 LF Service Line Reconnections – 145 ea.

Contract Documents, including plans and specifications, may be examined at the following offices:

City of Ashland Community Development & Engineering Services 51 Winburn Way Ashland, OR 97520

Contract Documents, including plans and specifications, may be examined and downloaded at the following website:

OregonBuys https;//oregonbuys.gov

No bid shall be received or considered unless the bidder is registered with the Construction Contractor’s Board.

Bidders shall pre-qualify as provided by ORS Chapter 279C.430 and in accordance with the Standard Specifications for Public Works Construction, Oregon Chapter of APWA, for all classes of construction. Pre-qualification applications must be received by the City of Ashland at least five (5) calendar days prior to the date set for opening of the bids.

All projects in excess of $50,000.00 require the Contractor to pay prevailing wage rates. This contract requires the bidder to comply with Oregon’s Prevailing Wage Rates.

The City reserves the right to reject any or all Bids in accordance with ORS 279C.395.

Bidders are encouraged to attend a non-mandatory pre-bid conference on 4/15/2025, @ 01:00:00 pm in the Siskiyou Conference Room, 51 Winburn Way, Ashland, Oregon.

By Order of the City Council Ashland, Oregon

April 1, 2025

Scott Fleury, PE Director of Public Works

BID AND BID SCHEDULE

TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS,

TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE

CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY,

OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH

THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE

ON FILE AT THE CITY OF ASHLAND, CITY HALL, 20 EAST MAIN STREET, ASHLAND,

OREGON 97520.

NAME OF BIDDER ____________________________________

CONTACT ___________________________________________

ADDRESS ____________________________________________

CITY _____________________ STATE __________ZIP_______

TELEPHONE NO.______________________________________

FAX NO. _____________________________________________

EMAIL ADDRESS _____________________________________

To the Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland, Oregon 97520

In response to the City of Ashland’s Invitation to Bid, this Bid is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the construction of the Wastewater Collections and Storm Drainage-CIPP Project No 2024-28 (hereinafter “Project”) for the City of Ashland, Oregon, as shown in the contract documents on file at City Community Development Building, which are a condition of this Bid as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted.

1. The undersigned has familiarized itself with the nature and extent of the Contract Documents, the project work, the site, the locality, the general nature of work to be performed by the City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work.

2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes.

3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids for good cause upon a finding that it is in the public interest to do

so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: None.

4. The deadline to file a written protest or request, pursuant to the Instructions to Bidders to change contract terms, conditions or specifications is not less than ten (10) calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request.

5. All of the contract documents, including all plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents.

6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached, and they shall be accepted as part of the contract when issued.

7. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract:

Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the awarded contract;

Certificates of Insurance for Liability and property damage coverage;

Certificates of Coverage for Workman Compensation and unemployment insurance;

All other bonds, permits, licenses, etc. as required in the contract documents.

8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of “extra work” for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned’s own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate.

9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern.

10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE".

11. In stating prices, it is understood that the prices include all materials and work required to complete the project in accordance with the Contract Documents, the plans and the specifications. If any material, item, or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE," the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE."

12. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in part when the cancellation or rejection is in the best interests of the City as determined by the City in accordance with ORS 279B.100

13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of any discrepancy, the amounts shown in words shall govern.

14. Upon receipt of written notice of the acceptance of its bid, Bidder shall execute a formal contract with the City within ten (10) days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent (5%) of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby.

15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis- Bacon Act requirements. “Prevailing Wage Rates for Public Works Contracts in Oregon,” which are incorporated herein by reference, and can be accessed at:

https://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction https://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx contracts of this nature even though such laws may not have been quoted or referred to in the specifications.

17. Accompanying this Offer is a certified check, cashier's check or a bid bond, for the sum of

_____________________, payable to the City of Ashland, Oregon, this being an amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned.

18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon

Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)].

19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860.

20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute.

21. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated below.

• The work shall be commenced within ten (10) business days after receipt of the written Notice to Proceed.

• The work shall be completed on or before September 30, 2025.

• The undersigned agrees that the “Time of Completion” shall be as defined in the specifications and that the bidder will complete the work on or before September 30, 2025, has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Standard Conditions, for each day the project remains incomplete.

22. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid.

23. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder’s registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid.

24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below.

• The Bidder is ________ or is not _______ a Resident Bidder as defined in ORS 279A.120.

25. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the

City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms;

26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud.

27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)]

28. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract.

29. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so.

30. The undersigned confirms that this offer is not contingent upon City’s acceptance of any terms and conditions other than those contained in this Solicitation and the Contract Documents.

31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors /

Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will transmit addenda to registered plan holders but shall publish notice of any addenda on the ORPIN website. The addenda may be downloaded or picked up at the Department of Public Works, 51 Winburn Way, Ashland, Oregon. The bidder must check the ORPIN website frequently until closing.

The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule.

ADDENDUM NUMBER ____ THROUGH ____ HAVE BEEN REVIEWED

32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City’s completion of the attached Bidder Responsibility Determination Form.

33. Instructions for First-Tier Subcontractors Disclosure.

Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $100,000 (see ORS 279C.370).

Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing:

• The subcontractor’s name and address;

• The subcontractor’s Construction Contractor Board registration number, if one is required, and;

• The subcontract dollar value.

If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate “NONE” on the form. 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.

THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE

FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.

THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO

SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE.

SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid.

34. Bidder Information and Signature

Firm Name of Bidder Signature of Bidder

Printed Name of Bidder

Official Title

State of Incorporation CCB Number

Dated this day of 20___.

Name of Bidder

Address

Telephone No.

BID SCHEDULE

Wastewater Collection Rehabilitation-CIPP Project No. 2024-28

No. Description Spec.

# Qty Unit Unit Price

Bid Total Price

Bid

1 Mobilization 00210 1 Lump Sum

2 Temporary Work Zone Traffic Control, Complete 00225 1 Lump

Sum

3 Erosion Control 00280 1 Lump Sum

4 Pollution Control Plan 00290 1 Lump Sum

5 Mainline Video Inspection 00415 1 Lump Sum

6 Internal Service Reinstatement 00412 145 Each

8 CIPP Liner, 6 Inch 00412 3182 LF

9 CIPP Liner, 8 Inch 00412 4592 LF

10 CIPP Liner, 10 Inch 00412 1680 LF

11 CIPP Liner, 12 Inch 00412 1464 LF

12 CIPP Liner, 24 Inch 00412 363 LF

13 CIPP Liner, 36 Inch 00412 744 LF

Total

Name of Authorized Representative Total Written in Dollars

Authorized Representative Signature Date

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

INSTRUCTIONS

Instructions for Submitting Form

Submit the First-Tier Subcontractor Disclosure form in any of the following manners:

• Not later than two working hours after the time set for opening Bids. (For example, before 11:00 a.m. after a 9:00 a.m. Bid Opening.) Submit according to one of the following methods:

• Print the form from the Bid Booklet, fill it in, and either:

o Deliver to the following address where it can be time and date stamped

City of Ashland Community Development and Engineering Services Building 51 Winburn Way Ashland, OR 97520, or o FAX it to (541) 488-6006.

The Agency is not responsible for partial, failed, illegible, or partially legible FAX transmissions or electronic submissions.

Instructions for First-Tier Subcontractor Disclosure

Without regard to the amount of a Bidder's Bid, if the Agency's cost range for a public improvement project in the "Notice to Contractors", or in other advertisement or solicitation documents is greater than $100,000, bidders are required to disclose information about first-tier subcontractors that will furnish labor or labor and materials (See ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (1) 5% of the total project Bid, but at least $15,000, or (2) $350,000 regardless of the percentage of the total project Bid, you must disclose the following information about that subcontractor not later than two working hours after the time set for opening Bids:

• The name of the subcontractor

• The category of work that the subcontractor will be performing

• The dollar amount of the subcontract

If the Agency's cost range is greater than $100,000 and you will not be using any first-tier subcontractors, you are still required to submit the form, with the appropriate box checked or enter "NONE" on the first line.

If the Agency's cost range is greater than $100,000 and you are not subject to the above disclosure requirements, you are still required to submit the form, with the appropriate box checked or enter "NONE" on the first line.

THE AGENCY MUST REJECT BIDS if the Bidder fails to submit the disclosure form with this information by the stated deadline.

To determine disclosure requirements, the Agency recommends that you disclose subcontract information for any subcontractor as follows:

1) Determine the lowest possible prime contract price. That will be the base Bid amount less all alternate deductive Bid amounts (exclusive of any options that can only be exercised after Bid award).

2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services are greater than or equal to: (1) 5% of the lowest contract price, but at least $15,000, or (2) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination, (for example, if a subcontractor will provide $15,000 worth of services on the base Bid and $40,000 on an additive alternate, then the potential amount of the subcontractor’s services is $55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the $40,000 services.)

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Project Name Wastewater Collections and Storm Drainage - CIPP __ Project Number 2024-28 Bid Opening Date

Name of Bidding Contractor

☐ CHECK THIS BOX IF YOU WILL NOT BE USING ANY FIRST-TIER SUBCONTRACTORS OR IF

YOU ARE NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS (SEE INSTRUCTIONS)

Firm Name Dollar Amount

Category of Work

(Attach additional sheets as necessary)

STATEMENT OF QUALIFICATIONS

CURED-IN-PLACE PIPE

INSTALLATION

This form shall be submitted with the bid to the Project Engineer for review and approval. It shall be submitted and approved prior to the issuance of the Notice to Proceed. The City of Ashland Engineering Division will be the sole judge in determining if the contractor meets the minimum personnel experience requirements. If the Contractor fails to comply with the minimum experience requirements stated in Section 00412.30, the Contractor shall bear all costs, including those for delays, for taking whatever steps necessary to provide personnel with the required experience.

The following information shall provide the name, business address, and information describing the contractor's superintendent and lateral cutter's experience.

Cured-in-Place Pipe Contractor Information

Contractor: ___________________________________________________________________

Address: _____________________________________________________________________

Phone: _______________________________________________________________________

Contact person: ________________________________________________________________

Project Superintendent: ______________________________________________________________

1) Project: ________________________________ Date completed: _________________

Name and address of owner: _____________________________________________________

Reference: ___________________________________ Telephone: ______________________

Pipe diameter: ________________________________No of laterals restored: _____________

Type and length of pipe liner: ____________________________________________________

Liner Foreman: ________________________________________________________________

Lateral cutter’s name: ___________________________________________________________

2) Project: _________________________________ Date completed: _________________

Reference: ___________________________________ Telephone: ______________________

Pipe diameter: ________________________________ No of laterals restored: _____________

Type and length of pipe liner: ____________________________________________________

Liner Foreman: _______________________________________________________________

3) Project: _________________________________ Date completed: _________________

Reference: ___________________________________ Telephone: ______________________

Pipe diameter: ________________________________ No of laterals restored: _____________

Type and length of pipe liner: ____________________________________________________

Liner Foreman: _______________________________________________________________

PRODUCT INFORMATION SHEET

Bidder: _______________________________________________________________________

Address: ______________________________________________________________________

City: _______________________________ State: __________ Zip code: _________________

Telephone: ________________________________ Fax: ________________________________

A: CIPP Liner Material Manufacture:

1. Liner manufacturer: _____________________________________________________

2. Resin manufacturer: _____________________________________________________

B: Cured in Place Products Type proposed for this project:

1. Liner tube type: ________________________________________________________

2. Resin type: ____________________________________________________________

3. Flexural modulus – E (initial) ___________________________________________ si.

4. Pipe liner thickness: 6” _____ 8” _____ 10” _____ 12” _____ 24” _____ 36” _____

5. Installation method: ASTM F-1216 _____ ASTM F-1743 _____

6. Curing process: _________________________________________________________

This page intentionally left blank

PUBLIC IMPROVEMENT CONTRACT

FOR

WASTEWATER COLLECTIONS AND STORM DRAINAGE - CIPP

PROJECT NO. 2024-28

This Public Improvement Contract (hereinafter “Contract”) is entered into by and between the CITY OF ASHLAND, an Oregon municipal corporation (hereinafter “City”), and (hereinafter “Contractor”).

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually covenant and agree as follows:

1. PROJECT MANAGER:

The City’s Project Manager for this Contract is:

Chance Metcalf, City of Ashland Public Works Engineering Department.

2. WORK:

2.1. The Work under this Contract is for the Wastewater Collections and Storm Drainage - CIPP Project No. 2024-28 as more fully described in the Contract Documents listed in Section 5 of

EXHIBIT A, STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS. Contractor shall complete all Work as specified in the Contract Documents. The Work is generally described as follows: The installation of approximately 12,025 linear feet of 6– 36-inch CIPP liner along with an estimated 145 Service Reinstatements. The Statement of Work, including the delivery schedule for the Work, is contained in the Contract Documents.

2.2. Contractor shall, at its own risk and expense, perform the Work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the Work, that is, the construction of the Wastewater Collections and Storm Drainage - CIPP Project No. 2024-28. Contractor shall secure all municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees, and royalties necessary for or incidental to the performance of the Work. The risk of loss for such Work shall not shift to the City until written acceptance of the Work by the City.

3. EFFECTIVE DATE AND DURATION:

This Contract is effective as of the date of execution by the City (the “Effective Date”). All Work under this Contract shall, unless otherwise terminated or extended, be completed on or before September 30, 2025.

4. CONSIDERATION

4.1. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, the sum of ________________________________ for performing the Work required by this Contract, including allowable expenses. This sum cannot be modified except by Change Order approved in writing by the City. Any progress payments to Contractor shall be made only in accordance with the schedule and the requirements as set forth in the Standard Terms and Conditions.

4.2. City certifies that sufficient funds have been appropriated to make payments required by this Contract during the current fiscal year. Contractor understands and agrees that City’s payment of amounts under this Contract attributable to Work performed after the last day of the current fiscal year is contingent upon City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable discretion, to continue to make payments under this Contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor.

5. CONTRACTOR’S REPRESENTATIONS

In order to induce City to enter into this Contract, Contractor makes the following representations:

5.1. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

5.2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

5.3. Contractor is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work.

5.4. Contractor has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

5.5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

5.6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

5.7. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents.

5.8. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor.

5.9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

6. GOVERNING LAW

The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon.

Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon.

Contractor, by the signature herein of its authorized representative, hereby consents to the in-persona jurisdiction of said courts. In no event shall this section be construed as a waiver of the City of any form of defense or immunity.

CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE

Business Name (please print):

Contact Name: Phone: Fax:

Address

Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department.

Ashland Business License # Construction Contractors Board #

Citizenship: Nonresident alien ______ Yes _____ No

Business Designation (check one): _____ Individual ____ Sole Proprietorship ____ Partnership _____ Corporation ____ Government/Nonprofit

The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding.

I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2018 Standard Specifications for Construction, as amended by the City of Ashland’s most recent Addenda to the 2018 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600.

CONTRACTOR:

Signature/Title

Printed name

Date

NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee.

CITY OF ASHLAND SIGNATURE

CITY:

City Administrator, City of Ashland

Date

ATTACHMENTS: Certificate of Representation Standard Terms & Conditions Bid Schedule Insurance Requirements

CERTIFICATE OF REPRESENTATION

Contractor, under penalty of perjury, certifies that:

(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and

(b) Contractor is not subject to backup withholding because

(i) it is exempt from backup withholding or

(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or

(iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that

(a) it has the power and authority to enter into and perform the work,

(b) the Contract, when executed and delivered, shall be a valid and binding obligation of

Contractor enforceable in accordance with its terms, and

(c) The work under the Contract shall be performed in accordance with the highest professional standards, and

(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria:

_________ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business.

_________ (2) Commercial advertising or business cards or a trade association membership are purchased for the business.

_________ (3) Telephone listing is used for the business separate from the personal residence listing.

_________ (4) Labor or services are performed only pursuant to written contracts.

_________ (5) Labor or services are performed for two or more different persons within a period of one year.

_________ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.

Contractor Date

STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

(EXHIBIT A)

1. Contractor is Independent Contractor

a. Contractor shall perform the work required by this Contract as an independent contractor.

b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D.

c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract.

d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees’ Retirement System, or workers’ compensation benefits from compensation or payments to Contractor under this contract.

2. Subcontracts and Assignment

Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written…