20242064_A1_Digester and SHT Coating~1.pdf

Invitation to Bid Public Works Project

Digester and Sludge Holding Tank Coating

Solicitation No. ITB 20242064

Due Date and Time:

Tuesday, June 25, 2024, at 2:00 PM, PST

MANDATORY PRE-BID MEETING

Wednesday, June 5, 2024, at 11:00 AM

CITY OF EUGENE

Wastewater Division Purchasing

410 River Avenue Eugene, Oregon 97404 dpalmer@eugene-or.gov mailto:dpalmer@eugene-or.gov

I. INVITATION TO BID

CITY OF EUGENE

INVITATION TO BID

Solicitation Number ITB No. 20242064 Notice to Suppliers Pursuant to ORS 279B.055 and City of Eugene Administrative Order 44-23-01-F, Public Contracting Rule (City Rule) 137-047-0255, sealed bids for Digester and Sludge Holding Tank Coating for the City of Eugene will be accepted by the Purchasing Office until Tuesday, June 25, 2024 at 2:00pm. Bids will be opened immediately thereafter and publicly read aloud in a Microsoft Teams meeting. Join the meeting now 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 bid 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 In general, work includes recoat of interior digester roof and coating repairs to interior sludge holding tank lid.

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 also be obtained by emailing the Purchasing Analyst shown below.

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

Bidders 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 solicitation is for a public works project which is subject to ORS 279C.800 to 279C.870. All bidders are required to consult the BOLI publication for Prevailing Wage Rates for Public Works Contracts in Oregon Subject to State PWR Law and all subsequent amendments. The rates in effect shall be as in BOLI publication effective April 5, 2024. The documents can be accessed at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

A MANDATORY Pre-Bid meeting is scheduled for Wednesday, June 5, 2024 at 11:00 am, at the City of Eugene Wastewater Treatment Plant located at 410 River Avenue, Eugene, OR 97404. Please check in at the front office.

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. Statements made by the City’s representatives at the pre-

ITB 20242064 Digester and Sludge Holding Tank Coating 1 https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2ZlY2IxZDUtNDkzMy00YTVhLTk5NjctMjdhODE2OGEzNzZi%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%229e70d410-a452-44f4-91cf-3ea44c999ea9%22%7d https://oregonbuys.gov/bso/ https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx bid conference are not binding upon the City unless confirmed by written addendum issued under Section II(7.0) 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: May 28, 2024

Dori Palmer Purchasing Analyst City of Eugene 541-682-8643 dpalmer@eugene-or.gov

ITB 20242064 Digester and Sludge Holding Tank Coating 2 mailto:dpalmer@eugene-or.gov

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 Bidders must submit their bids, including a scanned copy of the bid security, through

OregonBuys before the due date and time specified. Bidders who need assistance with OregonBuys can contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046.

2.2 Bidder 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 pre-approved by the Purchasing Analyst.

3.0 SOLICITATION MODIFICATIONS

Any questions, clarifications, modifications, or substitutions of the specifications or contract shall be delivered to the Purchasing Analyst by email, in conformance with City Rule 137- 047-0440(1), and no less than 10 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.

ITB 20242064 Digester and Sludge Holding Tank Coating 3 https://www.eugene-or.gov/DocumentCenter/View/68662 mailto:support.oregonbuys@oregon.gov

4.0 BID MODIFICATION OR WITHDRAWAL

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

047-0440. 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:

4.1.1 Bid Modification; and

4.1.2 Solicitation Number

4.2 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 137-047-0440.

5.0 OR EQUAL

5.1 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 ten (10) 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.

5.2 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.

6.0 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 ten (10) calendar days 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 137-047-0730 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.

ITB 20242064 Digester and Sludge Holding Tank Coating 4 mailto:Eugene.Purchasing@ci.eugene.or.us

7.0 ADDENDA AND INTERPRETATIONS

7.1 Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and proposers 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 OregonBuys site. Bidders 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).

7.2 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-047- 0430(3) shall be binding upon the proposer.

8.0 WITHDRAWAL

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 137-047-0440.

9.0 NONDISCRIMINATION

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.

10.0 PREPARATION OF BIDS

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

11.0 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.

12.0 CITY FURNISHED PROPERTY

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

ITB.

13.0 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.

ITB 20242064 Digester and Sludge Holding Tank Coating 5 https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

14.0 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.

15.0 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 137-047-0430(3).

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

16.0 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.

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17.0 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 meet all applicable standards. Preference for such recycled materials shall be given pursuant to City Rule 137-046-0320.

18.0 CONSIDERATION OF BIDS

18.1 Bids will be opened publicly by the Purchasing Office 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.

18.2 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.

18.3 In determining the lowest responsible bid, the City shall, for the purpose of awarding the contract, add a percent increase to the 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.

18.4 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.

18.5 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 137-047-0740.

19.0 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 137-047- 0600. After award of the contract, City and Contractor may only modify the contract in accordance with City Rule 137-047-0800.

ITB 20242064 Digester and Sludge Holding Tank Coating 7

20.0 MATERIAL PURCHASES

20.1 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. 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.

20.2 Include complete standard warranty information and factory specifications on the 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.

21.0 PUBLIC RECORDS

21.1 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.

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

22.0 PUBLIC WORKS ADDITIONAL INSTRUCTIONS

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

22.2 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.

22.3 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.

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22.4 The price offered must be exclusive of any sales, purchaser, or consumer tax. Tax exemption certificates will be furnished upon request. 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.

22.5 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.

23.0 PUBLIC WORKS REQUIRED SUBMITTALS

23.1 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.

23.2 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).

23.3 Certificates of Insurance. The successful bidder shall, prior to the execution of the contract, furnish certificates of insurance covering the required insurance specified in the specifications and contract. Certificates of Insurance shall be delivered to the City contact identified in the notices section of the contract.

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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 Unnecessary packaging for goods, beyond packaging compliance or practical safe shipping methods, shall be reduced. Bidder to ship goods utilizing one or more of the following methods:

a. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

b. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

c. Eliminate non-essential parts of packaging, such as individual wrapping of components;

d. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

e. No point of purchase material or promotional literature.

1.2 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.

1.3 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

2.1 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.

ITB 20242064 Digester and Sludge Holding Tank Coating 10 http://www.eugene-or.gov/sustainpurch

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.

3.2 The City desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for City business wherever practical in the fulfillment of the scope of work.

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 Oregon Forward Contractors (OFC) 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/SearchCertifiedDirectory.asp?XID =2315&TN=oregon4biz to find certified businesses from whom to procure products or services.

b. Visit the Oregon State Oregon Forward Program website at http://ofp.dasapp.oregon.gov/ to search for Oregon Forward Program contractors from whom to procure products or services.

ITB 20242064 Digester and Sludge Holding Tank Coating 11 https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz http://ofp.dasapp.oregon.gov/

IV. ANTICIPATED BIDDING 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 advertise............................................................................. May 28, 2024

Mandatory pre-bid meeting .................................................. June 5, 2024, at 11:00 AM

Last date to submit substitute products or request clarifications .................. June 15,2024

Last date for solicitation protest .................................................................. June 15, 2024

Deadline for issuing addenda to ITB ........................................................... June 20, 2024

Bid Closing & Public Opening of bids ................................. June 25, 2024 at 2:00 PM

Notice of Intent to Award ........................................................... no later than July 5, 2024

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1 SECTION 1: GENERAL CONDITIONS

PART 1 GENERAL

1.01 SCOPE

A. This specification covers requirements for the furnishing at the Contractor’s price all permits, insurance, materials, labor, supervision, equipment, tools, disposal permit, and associated quality tests necessary to perform the following coating work located at the Wastewater Treatment Plant, located at 410 River Avenue in Eugene, Oregon. Work includes:

1. The required cleaning, surface preparation including removal of existing coatings, coating application, testing, and cleanup of a 100% Solids Elastomeric Polyurethane coating system for the interior of the roof of #1 Anaerobic Digester (Digester).

2. The required cleaning, surface preparation including removal of existing areas of failing coatings, coating application, testing and cleanup of repairs made to #1 Sludge Holding Tank (SHT) interior cover.

B. The purpose of this project is to:

1. Remove the existing coating and coat the concrete interior roof of the #1 Digester to prevent further deterioration of the concrete. The Digester finished product will be a fully coated interior roof, extending 36 inches down the wall. The project also includes the coating of support columns 36 inches down from the roof and entire length of existing piping on the interior of the Digester.

2. Repair failing areas of existing coatings to the interior cover of the #1

SHT.

C. Completion Date

1. All work for the Digester and SHT is to be completed 70 days after notice to proceed.

1.02 GENERAL

A. All pertinent governmental and industry regulation and standards, including, but not limited to those concerning painting, flammable/combustible liquids, eye protection, head protection, skin protection, respiratory protection, scaffolding, lighting, ventilation, working in enclosed or confined spaces, air and water quality, VOC emissions, dusts, blasting residues and paint particulates, as well as their containment, handling and disposal of hazardous or toxic substances or wastes, shall be carefully observed and shall supersede any guidelines described herein.

V. REQUIREMENTS / SPECIFICATIONS

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B. The Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, and temporary construction of any nature, and all other services and facilities of any nature whatsoever, necessary to execute, complete and deliver the Work within the specified time.

1.03 DEFINITIONS

A. Where used in the Contract Documents, the following words and terms have the meanings indicated.

1. ACCEPTANCE. Formal notification after the Owner has determined that the Contractor’s Work has been completed in accordance with the Contract and notifying the Contractor in writing of the acceptability of the Work.

2. CONTRACTOR. Individual, partnership, corporation, or a combination thereof, including joint ventures offering a bid to perform the Work.

3. DAY. Calendar day.

4. DEFECTIVE. The word “defective”, when modifying the word

“Work”, refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. Does not conform to the Contract Documents; or

b. Does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. Has been damaged prior to Owner’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Final Completion in accordance with the Contract Documents).

5. OWNER. The Owner shall be the person(s) so designated with the authority to make decisions on the Contract and project delivery.. The Owner initially designates Mike McKay of the City of Eugene as the Owner.

6. FINAL ACCEPTANCE. Project status, as designated in writing by the Owner, confirming completion of all Project Work. Determination of Final Acceptance is solely at the discretion of the Owner. The criteria the Owner may use in exercising its discretion in determining Final Acceptance includes, but is not limited to, the completion of components necessary to enable the Owner to operate the facility in the manner that was intended.

7. FURNISH. To deliver to the job site or other specified location any item, equipment, or material.

8. PROVIDE. Provide and install complete in place any item, equipment, or material.

9. PUNCH LIST. List of incomplete items of Work, incomplete administrative requirements and items of Work which are not in conformance with the Contract, prepared by the Owner and issued to the Contractor.

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10. SHALL. Means a mandatory obligation or duty of a party.

11. SITE. Lands or areas indicated in the Contract Documents as being furnished by the Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

12. SPECIFICATIONS. That part of the Contract Documents consisting of written descriptions of the technical feature of materials, equipment, construction systems, standards, and workmanship.

13. SUBCONTRACTOR. A subcontractor is a person or entity who has a direct contract with the Contractor or a sub-tier subcontractor who has a direct contract with a subcontractor to perform any of the Work associated with the Project.

14. SUBMITTAL. The information which is specified for submission to the Owner in accordance with the Specifications.

15. SUPPLIER. A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work.

16. WORK. All material, labor, tools, supplies and all appliances, machinery, equipment, transportation and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described that can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.

1.04 STANDARD ABBREVIATIONS

A. The following abbreviations have the meanings indicated unless otherwise specified elsewhere in a particular usage.

1. ANSI American National Standards Institute

2. ASTM American Society of Testing and Materials

3. EPA Environmental Protection Agency

4. SDS Safety Data Sheet

5. NACE National Association of Corrosion Engineers

6. NSF National Sanitation Foundation

7. OSHA Occupation Safety and Health Administration

8. SSPC Society for Protective Coatings

1.05 SAFETY

A. Contractor will be responsible to follow all OSHA confined space requirements. Workers will be up to date on confined space entry training and adhere to all OSHA requirements, including environment monitoring and documentation. Copies of entry permits will be provided to the Owner at the conclusion of each entry.

B. The Digester and SHT are located in a no smoking, spark, arc welding, grinding, or open flame area of the plant due to exposure to methane gas.

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C. In case of emergencies at the treatment plant, work may be temporarily halted until safe conditions are restored. The Owner reserves the right to stop all work on this project should a hazard develop.

D. Safety Data Sheet (SDS) shall be made available at the jobsite to all workers who may come in contact with the products used.

1.06 QUALITY

A. All workmanship shall be of journeyman quality, performed by skilled and competent craftsmen.

B. The Owner reserves the right to have the Contractor remove any worker who, in the opinion of the Owner, refuses to perform or is incapable of performing, satisfactory and acceptable work, or who violates any safety or environmental rule/law or practice of the Owner and/or City, County, State, or Federal agency.

C. Material and equipment must be new and of a quality equal to that specified or accepted. All material and equipment must be the products of manufacturers of established good reputations, and regularly engaged in the fabrication of such equipment.

D. The Contractor should use industry standard inspection equipment, quality control and inspection policies in regard to the application of the products.

E. It is the responsibility of the Contractor to adhere to industry standard application and inspection procedures for record keeping purposes.

F. In the absence of detailed specifications of Work, the Contractor shall perform the Work using materials and equipment of the best grade in quality and workmanship obtainable in the market.

1.07 CHANGE ORDERS

A. The Owner may at any time, by written Change Order (including direction, instruction, interpretation or determination), make any change in the Work within the general scope of the Contract.

B. No oral order, statement, or conduct of the Owner constitutes a Change Order or entitles the Contractor to an equitable adjustment.

C. If any Change Order causes an increase or decrease in the Contractor’s cost or the time required to perform any part of the Work under this Contract, the Owner shall make an equitable adjustment and modify the Contract in writing.

1.08 CORRECTION OF DEFECTIVE WORK

A. When, and as often as the Owner determines through its inspection procedures, material, equipment or workmanship incorporated in the Project do not meet the requirements of the Contract, the Owner may give notice of

ITB 20242064 Digester and Sludge Holding Tank Coating 16 the noncompliance to the Contractor in writing. Within five (5) days of receipt of such notice, the Contractor shall undertake all Work necessary to correct the deficiency and to comply with the Contract. The Contractor agrees to pay all costs of correcting the defective Work, including wages and overhead charges for inspection. If the Contractor disagrees with the Owner’s determination and believes that the corrective Work should be covered by a Change Order, the Contractor shall immediately notify the Owner, in writing, setting forth the basis for its position.

1.09 WORKING HOURS

A. Working hours for the Contractor will be between the hours of 7:00 AM to 7:00 PM, Monday through Friday. If the Contractor wishes to work an alternative schedule, the request must be submitted in writing and approved by the Owner prior to any changes.

1.10 STORM WATER PROTECTION

A. The Wastewater Division is under a 1200-Z Storm Water permit and monitors storm water runoff. The Contractor will be responsible to ensure that any kind of contaminated runoff does not enter the Wastewater Division storm water system.

B. The Owner will routinely monitor this, and any violation will result in immediate shutdown of the project until properly cleaned and a plan is in place to prevent reoccurrence.

1.11 RESTROOM/WASHING FACILITIES

A. Contractor will be responsible for providing restroom and washing facilities for all of their employees. Wastewater Division restroom and washing facilities will not be available to the Contractor.

1.12 SITE CONDITIONS

A. Tables #1 and #2 list historical temperatures and relative humidity at the Site.

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Table #1: Past Two Years Ambient Temperature Summary

Condition Temperature, °F

Maximum 101 Minimum 7 Average 52 95th percentile 75 90th percentile 69 50th percentile 51 10th percentile 38

Table #2: Average Weather in Eugene, Oregon

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Average Temp °F

39.8 42.8 46.3 49.8 54.8 60.2 66.2 66.4 61.7 52.6 44.7 39.5

Morning Humidity (%)

92 92 91 90 91 90 87 88 89 93 93 92

Afternoon Humidity (%)

80 72 65 58 55 50 39 39 43 62 78 84

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

END OF GENERAL CONDITIONS

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2 SECTION 2: SUBMITTALS

2.01 DEFINITIONS

A. Action Submittal: Written and graphic information submitted by Contractor that requires Owner’s approval.

B. Information Submittal: Information submitted by Contractor that does not require Owner’s approval.

2.02 SUMMARY

A. When required by Specifications regarding materials, equipment, or methods of Work, or requested by the Owner, the Contractor shall submit descriptive information that will enable the Owner to determine whether the Contractor’s proposed materials, equipment, or methods of Work are in general conformance to the design concept and in compliance with the Specifications.

B. Required documentation to be submitted within 5 (five) days of bid award.

2.03 PROCEDURES

A. Prepare and transmit all submittals in electronic PDF format to Owner as specified herein.

B. Present in a clear and thorough manner, and in sufficient detail to show kind, size, arrangement, and function of components, materials, and devices, are in compliance with Contract Documents.

C. Deviations

1. Identify and describe each deviation or variation from Contract Documents.

D. Resubmittals

1. Clearly identify each correction or change made to original submittal.

E. Incomplete Submittals

1. Owner will return entire submittal for Contractor’s revision if preliminary review deems it incomplete.

2.04 ACTION SUBMITTALS

A. A copy of the specification, with addendum updates included, with each paragraph check-marked to indicate specification compliance or marked to indicate requested deviations from specification requirements. Check marks

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() shall denote full compliance with a paragraph as a whole. If deviations from the specifications are indicated and, therefore requested by the Contractor, each deviation shall be underlined and denoted by a number in the margin to the right of the identified paragraph. The remaining portions of the paragraph not underlined will signify compliance on the part of the Contractor with the specifications. The submittal shall be accompanied by a detailed, written justification for each deviation or variance.

B. Action Submittal Dispositions: Owner will review and respond, as appropriate:

1. Approved:

a. Contractor may incorporate product(s) or implement Work covered by submittal.

2. Approved as Noted:

a. Contractor may incorporate product(s) or implement Work covered by submittal, in accordance with Owner’s notations.

3. Partial Approval, Resubmit as Noted:

a. Make corrections or obtain missing portions, and resubmit.

b. Except for portions indicated, Contractor may begin to incorporate product(s) or implement Work covered by submittal, in accordance with Owner’s notations.

4. Revise and Resubmit:

a. Contractor may not incorporate product(s) or implement Work covered by submittal.

5. Distribution of Responses

a. One electronic copy retained in Owner’s files.

b. One electronic copy returned to Contractor appropriately annotated.

2.05 INFORMATIONAL SUBMITTALS

A. General:

1. Submit electronic copies to the Owner for review. If submittal meets conditions of the Contract, Owner issue acceptance. If the Owner determines submittal does not meet conditions of the Contract and is therefore considered unacceptable, the Owner will notify the Contractor and require the submittal be corrected and resubmitted.

B. Certificates:

1. General:

a. Provide notarized statement that includes signature of entity responsible for preparing certification.

b. Signed by officer or other individual authorized to sign documents on behalf of that entity.

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2. Material Test: Prepared by qualified testing agency, on testing agency’s standard form, indicating and interpreting test results of material for compliance with requirements.

3. Certificates of Successful Testing or Inspection: Submit when testing or inspection is required by Laws and Regulations or governing agency or specified in individual specification.

4. Manufacturer’s Certificate of Proper Installation.

C. Test and Inspection Reports (in electronic format):

1. General: Shall contain signature of person responsible for test or report.

2. Field: As a minimum, include the following:

a. Project title and number.

b. Date and time.

c. Record of temperature and weather conditions.

d. Identification of product and specification.

e. Type and location of test, Sample, or inspection, including referenced standard or code.

f. Date issued, testing laboratory name, address, and telephone number, and name and signature of laboratory inspector.

g. If test or inspection deems material or equipment not in compliance with Contract Documents, identify corrective action necessary to bring into compliance.

h. Provide interpretation of test results, when requested by Owner.

i. Other items as identified in individual specifications.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

END OF SUBMITTALS

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3 SECTION 3: COATING SYSTEMS

3.01 SUMMARY

A. Any conflicts or inconsistencies found to exist in the specifications shall immediately be brought to the Owner’s attention in writing.

B. The Supplier’s latest published instructions for proper use and application of the material shall be obtained, reviewed, and used in conjunction with, and become a part of, this specification.

3.02 SUBMITTALS

A. Action Submittals

1. Job specific safety plan and procedures.

2. Job specific quality control/assurance plan.

3. Project schedule.

4. Waste disposal plan.

a. The Contractor will provide to the Owner prior to disposal a disposal plan of how and where material will be disposed of.

B. Information Submittals

1. Contractor shall provide references, with owner’s name and contact information, for 3 projects of similar scope and application, successfully completed and in service for 5 years, with certificates of manufacturer’s approval of each of the two coating systems.

a. A 100% elastomeric polyurethane coating; and

b. A 2-part premium novolac epoxy coating.

2. Name of the person(s) who will be in charge and will be present at the job site during the entire project. Include resume(s) with completed projects and training certifications as an approved applicator of the material specific.

3. List of all persons involved with the project, their duties, and their training.

4. Coating manufacturer’s product information

a. Submit manufacturer’s latest product technical data sheets, installation instructions, and chemical resistance data for all materials used.

5. Waste disposal records

a. Documentation of how and where materials were disposed of will be required and provided to the Owner after each occurrence.

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3.03 PRE-JOB MEETING

A. A mandatory pre-job meeting will take place before any equipment or materials can be ordered or moved on site. The purpose of the meeting is a final review of the specifications, answer any questions, and do a final inspection of the work site. The product manufacturer’s technical representative will be present to answer questions concerning the specified product.

3.04 COATING MANUFACTURER’S RESPONSIBILITIES

A. Determine before scheduling services, that all conditions necessary to allow the successful testing have been met.

B. Coating Manufacturer Representative shall be present for the following:

1. Pre-Job meeting

2. Surface preparation approval

3. Surfacing inspection and approval, if surfacing is used

4. First day of coating application.

C. Coating Manufacturer Representative shall provide a report following each site visit.

D. Coating Manufacturer Certificate of Proper Installation.

1. Coating Manufacturer Representative shall provide a final acceptance report, and Certificate of Proper Installation.

2. Such form shall certify that the signing party is a duly authorized representative of the coating manufacturer, and is empowered by the manufacturer to inspect and approve work.

3.05 DELIVERY, STORAGE, AND HANDLING

A. The Contractor will be provided with an area to stage and store all equipment and materials for…