BID DOCUMENTS FOR THE:

CORVALLIS ROAD WATERLINE

(PN 2023-13)

CITY BID OPENING

DATE: January 21, 2026

PLACE: Online Bid Opening via MS Teams

City Hall

555 S Main St, Independence, OR 97351

BID OPENING: 2:00 PM (ONLINE)

SUBCONTRACTOR LIST DUE: 4:00 PM

PURCHASER/SINGLE POINT OF CONTACT:

See “Purchaser” and “Info Contact” for this Invitation to Bid (“ITB”) in OregonBuys. This person is the only point of contact or “Single Point of Contact” (“SPC”) for this ITB. Any questions or issues that may arise regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues must be directed to the Purchaser/SPC:

Shannon Williams, PE swilliams@kellerassociates.com Keller Associates, Inc.

Notes:

• This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system.

Bids must be submitted through the OregonBuys system. See ITB section C.0.4. – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

• This document must be viewed electronically in order to access files, forms, provisions and any other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are otherwise unable to open any of the attached forms, Addenda or other documents may contact the Purchaser/SPC listed in the OregonBuys system for alternative formats and any reasonable accommodations that might be needed.

mailto:swilliams@kellerassociates.com https://oregonbuys.gov/bso/

Corvallis Road Waterline Improvements

PN: 2023-13

Keller Project: 223055-007

CITY OF INDEPENDENCE PAGE 1 OF 26 INVITATION TO BID

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS;

INSTRUCTIONS TO OFFERORS

SECTION D BID SECURITY REQUIREMENTS

SECTION E BUREAU OF LABOR AND INDUSTRIES (“BOLI”) PREVAILING WAGE RATE

REQUIREMENTS

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

SECTION G CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS;

JOINT VENTURE - PARTNERSHIP REQUIREMENTS; AND SAM REGISTRATION

/ DUNS NUMBER

SECTION H ADDENDA ACKNOWLEDGEMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES

SECTION J RECYCLED PRODUCTS

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION

SECTION O AFFIDAVIT OF NON-COLLUSION

SECTION P SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 SAMPLE PUBLIC IMPROVEMENT CONTRACT FORM

EXHIBIT 3 REQUIREMENTS FOR PUBLIC IMPROVEMENT CONTRACTS OVER $50,000

EXHIBIT 4 RETAINAGE ELECTION

EXHIBIT 5 BID BOND FORM

EXHIBIT 6 PERFORMANCE BOND FORM

EXHIBIT 7 PAYMENT BOND FORM

EXHIBIT 8 WARRANTY BOND FORM

EXHIBIT 9 STATUTORY PUBLIC WORKS BOND

EXHIBIT 10 GENERAL CONDITIONS

EXHIBIT 11 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 12 FORM A: PROHIBITION ON THE USE OF FEDERAL FUNDS FOR LOBBYING

EXHIBIT 13 DEBARMENT CERTIFICATION FORM

EXHIBIT 14 BUILD AMERICA BUY AMERICAN CERTIFICATION

EXHIBIT 15 BOLI WAGE DETERMINATION

EXHIBIT 16 DAVIS BACON WAGE DETERMINATION

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B PLANS

ATTACHMENT C REQUIRED FEDERAL TERMS AND CONDITIONS

CITY OF INDEPENDENCE PAGE 2 OF 26 INVITATION TO BID

ATTACHMENT D SUPPORTING DOCUMENTS

ITB ATTACHMENTS: Attachments to this ITB are posted in OregonBuys. Bidder is responsible for completing and returning any page(s) in any Attachment(s) requiring a response.

CITY OF INDEPENDENCE PAGE 3 OF 26 INVITATION TO BID

SECTION B – DEFINITIONS

B.0 DEFINITIONS: Together with the Definitions found in Section A.1 of the General Conditions; the following definitions apply to this ITB and the resulting Contract.

B.0.1 "Addendum” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 125-249-0250(2). The plural form of “Addendum” is “Addenda.”

B.0.2 "Agency" or “Owner” means the City of Independence. Agency, Owner and the City of Independence are used interchangeably in this ITB and the resulting Contract.

B.0.3 "Bid" (referred to as “Quote” in OregonBuys) means the Offeror's written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

B.0.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror”.

B.0.5 "Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.0.6 "DAS" means the Oregon Department of Administrative Services.

B.0.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.0.8 "Opening" means the date/time set to read the Bid submittals.

B.0.9 OregonBuys means the on-line electronic Oregon Automated Procurement System administered by DAS.

The OregonBuys System website is located at: https://oregonbuys.gov/bso/

B.0.10 "Plan Center" means organizations and business locations where Bidders may view, download or purchase copies of all documents relating to the ITB. A Plan Center is different from OregonBuys.

B.0.11 “Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature’ under ORS Chapter 84.

B.0.12 "State" means the State of Oregon.

B.0.13 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

SECTION C - GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS;

INSTRUCTIONS TO OFFERORS

C.0 GENERAL BIDDING INFORMATION; OREGONBUYS

Bidder shall provide required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by this ITB must be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

CITY OF INDEPENDENCE PAGE 4 OF 26 INVITATION TO BID

C.0.1 SUBMITTALS VIA OREGONBUYS.

Bidder must be a registered Vendor in OregonBuys (see Section C.0.4.1).

Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB.

Bidder shall complete and submit via OregonBuys the items identified in section C.4.4 of this ITB, in accordance with all instructions in this ITB, no later than the Bid Opening Date specified in OregonBuys for this ITB (submittals by any other means shall be rejected).

C.0.3 ELECTRONIC BID PROVISIONS

C.0.3.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes

C.0.3.2. The City of Independence reserves the right to reject any Bid that is unreadable.

The City of Independence reserves the right to request that the apparent successful Bidder promptly submit its complete original signed Bid to The City of Independence, to confirm the apparent successful Bidder’s Bid submitted through OregonBuys.C.0.3.3. In the event of a failure of the State’s Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, The City of Independence may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

C.0.3.5. By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with The City of Independence that any Signature, and other forms of authorized representative certification, showing on documents and submitted via OregonBuys or email is an “Electronic Signature” under ORS Chapter 84, bind the signing party, and are intended to be and can be relied upon by the parties.

C.0.4. OREGONBUYS

C.0.4.1 REGISTRATION REQUIREMENT: All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS and Agency shall not be responsible for defective registration or incorrect vendor information.

C.0.4.2 CROSSWALK of TERMS

Terms used in OregonBuys

Definition

Amendment “Addendum” or “Addenda”, as defined in Section B; or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date

“Closing” as defined in Section B. In OregonBuys it is the date and time deadline for submitting Bids and other documents required by a Bid Solicitation, after which the Bid “Opening” as defined in Section B will immediately occur.

Bid Solicitation Any form of solicitation. In this solicitation, an Invitation to Bid. Each Bid Solicitation has a separate page and ID number in OregonBuys.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

CITY OF INDEPENDENCE PAGE 5 OF 26 INVITATION TO BID

Terms used in OregonBuys

Definition

Change Order A formal amendment to an existing resulting contract that is made according to the change order process set forth in the contract.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

C.0.4.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

• Details entered in the Header Information section.

• All ITB Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

C.0.5 GENERAL BIDDING INFORMATION

C.0.5.1 OBTAINING ITB DOCUMENTS: This ITB, any ITB attachments and any Addenda and related notices (collectively the “Amendments”) may be downloaded from the OregonBuys eProcurement system at:

https://oregonbuys.gov/bso. Bidders should contact the Purchaser identified in OregonBuys for this ITB if they are unable to access solicitation documents via OregonBuys.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

C.0.6 ITB PURPOSE; PROJECT COST ESTIMATE; KEY PROJECT DATES; GENERAL PROJECT

DESCRIPTION

ITB PURPOSE :

The purpose of this ITB is to construct the Corvallis Road Waterline project.

The work performed under this Contract includes all labor, materials, transportation, equipment, permits, and services for and incidental to the completion of all construction Work in connection with the Project described in the Contract Documents, including, but not limited to, Attachment A - Specifications and Attachment B – Plans.

PROJECT COST ESTIMATE:

The following range is a Project estimate for bonding purposes: $980,000 to $1,100,000.

KEY PROJECT DATES:

NOTICE TO PROCEED: MARCH 3, 2026

SUBSTANTIAL COMPLETION: JUNE 5, 2026

FINAL COMPLETION: JUNE 19, 2026

GENERAL PROJECT DESCRIPTION The scope of the Project includes, but may not be limited to, the following:

1. Installation of 2,256 feet of 12-inch polyvinyl chloride (PVC) potable waterline, including all fittings, valves, and connections, excavation, shoring, bedding, and backfill

2. Installation of minor lengths of 8 and 10-inch PVC potable water pipeline, including all fittings, valves, and connections, excavation, shoring, bedding, and backfill https://oregonbuys.gov/

CITY OF INDEPENDENCE PAGE 6 OF 26 INVITATION TO BID

3. Surface restoration, including pavement and sidewalks

4. Reconnection of existing water services

5. Temporary erosion and sediment controls

6. All labor, Equipment, Materials, and incidentals necessary to complete the Work as specified.

C.1 INSTRUCTIONS TO OFFERORS

C.1.0 PRE-BID CONFERENCE:

C.1.0.1 A pre-bid conference will not be held.

C.1.1 POINT(S) OF CONTACT:

C.1.1.1 The Purchaser/SPC for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, and any other issues that may arise, is Shannon Williams, PE at 971.405.6304, and e-mail swilliams@kellerassociates.com.

C.1.1.2 The contact point for requests for brand approval, or substitution requests, is Shannon Williams, PE, at 971.405.6304, and e-mail swilliams@kellerassociates.com.

C.1.1.3 The contact point for requests for Contract changes or protests is Gerald Fisher, PE, Public Works Director, City of Independence, gfisher@ci.independence.or.us.

C.1.2 ENGINEER AND CONSULTANT INFORMATION:

The following is a list of any engineers and consultants used on this project. This list is for informational purposes only. Offerors are prohibited from contacting these engineers and consultants during the solicitation process, unless otherwise authorized in this ITB.

Keller Associates, Inc.

245 Commercial Street SE, Suite 215 Salem, OR 97304

C.1.3 INVITATION TO BID DOCUMENT AVAILABILITY:

C.1.3.1 ITBs, ADDENDA AND ATTACHMENTS: ITBs, including all Addenda and most attachments, are posted on OregonBuys as part of the solicitation document and will not be mailed to prospective Offerors. Offerors without access to OregonBuys may order hardcopies at a Plan Center.

C.1.3.2 ATTACHMENTS: In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys. In these cases, the solicitation will include instructions on how to obtain these documents.

C.1.3.3 HARD COPY DOCUMENT FEES & DELIVERY: Offerors may order hardcopies of the ITB, Addenda and most attachments from the Plan Centers listed in Section C.1.5. Additional Plan Centers or other vendors may make hardcopy documents available, but the City of Independence is not responsible for which Plan Centers and vendors will participate. Offerors who obtain documents through Plan Centers or other vendors are responsible for ensuring they have all addenda. Costs for these documents and any associated delivery costs are as quoted by the Plan Center or vendor selected by the Offeror. All costs of these documents are at Offeror’s expense. Terms of payment are as stipulated by the Plan Center or vendor and are not regulated by the City of Independence. the City of Independence is not responsible for Plan Center or vendor customer services policies.

C.1.3.4 ADDENDA: Addenda (“Amendments” in OregonBuys) are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Offerors should consult the OregonBuys System regularly until the Bid Opening Date to avoid missing any Addenda.

C.1.4 BID HOLDERS LIST:

mailto:swilliams@kellerassociates.com mailto:gfisher@ci.independence.or.us

CITY OF INDEPENDENCE PAGE 7 OF 26 INVITATION TO BID

To be included on the Bid Holders List, interested parties must be registered on OregonBuys. Suppliers can register in Oregon Buys at: www.OregonBuys.gov

Interested parties included on the Bid Holders List have downloaded and acknowledged the Bid. Interested parties who have registered their company on OregonBuys are responsible for maintaining and updating correct company information. The City of Independence assumes no responsibility for the content of the interested parties’ information on OregonBuys.

C.1.5 PLAN CENTERS:

The ITB document, Plans, Specifications, and any other solicitation documents may be examined by appointment at the City Hall, 555 S Main Street, Independence, Oregon, 97351 or at a Plan Center noted below:

NOTE: OFFERORS WHO OBTAIN ITB DOCUMENTS, PLANS AND SPECIFICATIONS FROM PLAN CENTERS WILL NOT APPEAR ON THE BID HOLDERS LIST. See Section C.1.4.

Daily Journal of Commerce Plan Center, 921 SW Washington St., Ste. 210 Portland OR 97205

Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402

McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210

OAME, 4134 N. Vancouver Ave Portland, OR 97217

Oregon Contractor Plan Center, 14625 SE 82nd Dr., Clackamas, OR 97015

Salem Contractors Exchange, 2256 Judson Street SE, Salem, OR 97302

Willamette Valley Bid Center 32054 Old Hwy 34, PO Box 440 Tangent, Or. 97389

C.1.6 TRADE SECRETS:

Any information Offeror submits in response to the ITB that Offeror considers a trade secret under Oregon Revised Statutes (“ORS”) 192.345 or confidential proprietary information under ORS 192.355, and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Offerors are directed not to label their entire bid documents as confidential, but to selectively label portions, as directed above. Offerors are further cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Offerors that is already in the public domain is not protected. The City of Independence shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The City of Independence shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.1.7 SOLICITATION LAW, RULES AND GENERAL CONDITIONS:

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS, and the City’s Public Contracting Rules Chapter 137, Divisions 46 and 49. The ITB and resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.7.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146, or online at:

https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx

C.1.7.2 NOT USED.

http://www.oregonbuys.gov/ https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx

CITY OF INDEPENDENCE PAGE 8 OF 26 INVITATION TO BID

C.1.7.3 CITY OF INDEPENDENCE PUBLIC CONTRACTING RULES (MUNICIPAL CODE CHAPTER 28, DIVISION 2) – Can be obtained from Gerald Fisher, PE, Public Works Director, City of Independence, gfisher@ci.independence.or.us or online at:

https://library.municode.com/or/independence/codes/code_of_ordinances?nodeId=PTIICOOR_CH28TAFI_ARTIII

FIMA_DIV2PUCO_S28-107DECOREBO.

C.1.7.4 In addition to the foregoing, this solicitation and the Contract are governed by the federal terms and conditions outlined in Attachment C, which are incorporated herein by this reference. See Attachment C.

C.1.7.5 In addition to the foregoing, this solicitation and the Contract are governed by the Clean Water Revolving Loan Fund, as outlined in Attachment D, which is incorporated herein by this reference. See Attachment D.

C.1.8 BRAND NAME USAGE:

C.1.8.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand named is not mandated pursuant to a brand name exemption.

C.1.8.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in during construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

The City of Independence or its Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal".

C.1.8.3 BRAND NAME "OR APPROVED EQUAL": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” designation shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the product has been pre-approved in writing during the bidding process detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

The City of Independence or its Authorized Representative shall determine, in its sole discretion, whether a product offered is an "approved equal" or “approved equivalent.”

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR

BRAND NAME / PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "or approved equal" or an "or approved equivalent"; (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans; and (d) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS AND SOLICITATION PROTESTS: Requests pursuant to C.2.3 through C.2.9, including but not limited to those for brand approval, requests for substitution, requests for clarification, requests for change, and protests of the ITB provisions shall be made in Writing and marked as follows:

Bid Request for:

Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest of ITB Provisions mailto:gfisher@ci.independence.or.us https://library.municode.com/or/independence/codes/code_of_ordinances?nodeId=PTIICOOR_CH28TAFI_ARTIIIFIMA_DIV2PUCO_S28-107DECOREBO https://library.municode.com/or/independence/codes/code_of_ordinances?nodeId=PTIICOOR_CH28TAFI_ARTIIIFIMA_DIV2PUCO_S28-107DECOREBO

CITY OF INDEPENDENCE PAGE 9 OF 26 INVITATION TO BID

ITB Number Bid Opening Date and must be received by the appropriate point of contact as identified in Section C.1.1 and in OregonBuys by 2:00 P.M. (Pacific time) a minimum of seven (7) Business Days prior to Bid Opening (i.e., by JANUARY 14, 2026).

Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, Offerors shall provide that product unless another is approved through a request for approval of an "approved equal" or an "approved equivalent, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests shall be made in Writing and be submitted via email or OregonBuys to the name of the Point of Contact under C.1.1.2 of the ITB document. To be considered, the request for changes must be received by the deadline specified in C.2.2.

• Requests shall provide all the information necessary for the City of Independence to determine product acceptability, including and if applicable referencing the applicable Specification section;

• Failure to provide sufficient information with the request shall be cause for the request not to be considered as equivalent; and

• Any product subsequently approved for substitution shall be listed on an Addendum issued by the City of Independence and posted on OregonBuys.

C.2.4 REQUEST FOR CLARIFICATION: Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, shall make a request for clarification in Writing, via email or OregonBuys to the contact point listed in Section C.1.1.1. To be considered, the request for clarification must be received by the Purchaser/SPC by the deadline specified in Section C.2.2.

C.2.5 REQUEST FOR CHANGES TO SPECIFICATIONS OR PLANS: Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications, in Writing via email or OregonBuys, to the contact point listed in Section C.1.1.1. To be considered, the request for changes must be received by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 REQUEST FOR CHANGES TO CONTRACTUAL TERMS: Any Offeror may submit a request for changes to contractual terms, Plans in Writing via email or OregonBuys, to the contact point listed in Section C.1.1.3. To be considered, the request for changes must be received by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.7 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in Writing via email to the contact point listed in Section C.1.1.3. To be considered, the protest must be received by the deadline specified in Section C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror if the protest is not granted, and any proposed changes.

C.2.8 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in Writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that the City of Independence determines should be handled by formally amending the ITB, the City of Independence will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

CITY OF INDEPENDENCE PAGE 10 OF 26 INVITATION TO BID

C.2.9 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: The City of Independence shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, the City of Independence will issue ITB revisions via Addenda posted on the OregonBuys System. The City of Independence may also provide informal responses to Offeror questions.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS,

SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY

BE CHANGED VIA ADDENDA ISSUED BY THE CITY OF INDEPENDENCE AND POSTED ON THE

OregonBuys SYSTEM.

The City of Independence may post question and answer documents on OregonBuys to respond to inquiries when the City of Independence determines, in its sole discretion, the answers do not effect changes to this ITB.

C.3 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE AND PROTEST OF ADDENDA

Requests for Addenda clarification, requests for change, and protests must be received by the time and date specified in the Addendum or they will not be considered. the City of Independence will not consider requests or protests of matters not added to or modified in each specific Addendum.

C.4 OFFER FORMAT

C.4.1 SIGNATURE REQUIRED: All Offer documents requiring Signature must be signed by an authorized representative of the Offeror. The Offer documents received by the City of Independence may contain “Electronic Signatures” within the meaning of ORS Chapter 84, and these “Electronic Signatures” shall bind the signing Party and are intended to be and can be relied upon by the City of Independence. the City of Independence reserves the right at any time to require the submission of the hard copy originals of any documents included in an Offer.

C.4.2 IN WRITING – OFFERS AND PRICING: Offers and pricing information shall be prepared by typewriter, handwritten in ink or by computer, but must include the Signature of an authorized representative of the Offeror. No oral, telephone, e-mail or facsimile Bids will be accepted—unless specifically authorized by the SPC. Bids must be submitted through the OregonBuys system, as described in more detail in Section C.0 of this ITB.

C.4.3 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB. Any information Offeror submits that is not required to be included on forms prescribed by the City of Independence shall be formatted in the manner called for in this ITB and submitted on Offeror's letterhead.

C.4.4 INFORMATION TO BE SUBMITTED WITH THE OFFER: The items listed below in this section shall be submitted electronically via OregonBuys or the Offer shall be found to be non-responsive and rejected.

The following must be submitted via OregonBuys prior to the Bid Opening Date:

▪ Pricing Submittal Form, Exhibit 1;

▪ Bid Security Requirements as per Section D and Exhibit 5;

▪ CCB Registration Requirements; Asbestos Abatement Licensing Requirements, & Joint Venture - Partnership

Declaration, SAM Registration and DUNS Number; Section G;

▪ Addenda Acknowledgement, if required, Section H;

▪ Responsibility Inquiry & Contractor References; Utilization of Businesses Certified under ORS 200.055, Section I;

▪ Residency Information, Section K;

▪ Signature of Bidder's Duly Authorized Representative, Section P;

▪ Addenda (If required)

▪ Form A: Prohibition on the Use of Federal Funds for Lobbying, Exhibit 12

▪ Debarment Certification Form, Exhibit 13

The following shall be submitted via OregonBuys, either with the Bid submission or within two (2) working hours after the Bid Opening Date, as more particularly described in Section C.7.2:

CITY OF INDEPENDENCE PAGE 11 OF 26 INVITATION TO BID

▪ First-Tier Subcontractor Disclosure Form, Section F

C.4.5 BID MODIFICATION PRIOR TO THE BID OPENING DATE: Alterations and erasures made before Offer submission must EACH be INDIVIDUALLY initialed in ink by the person signing the Offer. Offers, once submitted, may be modified in Writing before the Bid Opening Date. Modifications made after Offer submission shall be prepared on Offeror's letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Offer. Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Failure to comply with the provisions of this paragraph of Section C.4.5 will result in Bid rejection.

C.4.5.1 Nothing in Section C.4.5 shall be construed as allowing the Offeror to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

C.4.5.2 Offerors may not modify Offers after the Bid Opening Date.

C.5 OFFER SUBMISSION

C.5.1 SEALED ELECTRONIC FILE VIA OREGONBUYS: Offers must be submitted in a sealed electronic file via OregonBuys (unless a bid-specific alternative has been approved by the SPC). To ensure proper identification and handling, electronic files/attachments shall be clearly identified with the OregonBuys Bid Number.

The City of Independence and its Authorized Representatives shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submissions. The City of Independence and its Authorized Representatives are not and shall not be held responsible for failure of OregonBuys or any electronic mail system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. The City of Independence and its Authorized Representatives shall not be responsible for the proper handling of any Offer not properly identified, marked and submitted in a timely manner.

C.5.2 NUMBER OF COPIES; SIGNATURE REQUIRED: Offerors shall submit only one (1) complete Offer. The Offer must bear an original Signature. Failure to submit an Offer bearing an original Signature may result in rejection of the Bid.

C.5.3. For information on how to submit an electronic response to an opportunity, please visit:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Respon se.pdf

C.6 OFFER WITHDRAWALS PRIOR TO THE BID OPENING DATE

C.6.1 If a Bidder wishes to withdraw a submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to Closing/”Bid Opening Date” and time specified in OregonBuys for this ITB (unless the SPC has approved an alternative method for submitting a bid, in which case the same method must be used for withdrawal of a submitted Bid).

C.7 BIDS RECEIVED; BID OPENING; FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM SUBMITTAL

C.7.1 BIDS RECEIVED: Bids must be received in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB. Bids received after the Bid Opening Date, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.7.2 PUBLIC BID OPENING: The public Bid Opening will occur immediately following the Bid Opening Date, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Bid Opening. Award decisions will not be made at the public Bid Opening.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

CITY OF INDEPENDENCE PAGE 12 OF 26 INVITATION TO BID

The City of Independence will hold the public Bid Opening through electronic means. Interested parties may attend the public Bid Opening for this solicitation electronically as follows (It is attendee’s choice to use video or audio only.):

A Microsoft Teams meeting will be held at 2:00 PM for the Bid Opening, following the specific time included in the Bid Opening Date. Be sure to install MS Teams on your computer or mobile phone, then follow the instructions below.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 267 235 331 744 16 Passcode: 9Za6nJ6Y

Dial in by phone +1 208-918-2989,,753407449# United States, Boise Find a local number Phone conference ID: 753 407 449#

C.7.3 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM:

First-Tier Subcontractor Disclosure forms not included in the Bid Submission must be returned via OregonBuys within two working hours after the Bid Opening Date, or via e-mail within two working hours after the Bid Opening Date directed to the SPC, if these disclosure forms cannot be submitted via OregonBuys. Failure to comply with this First-Tier Subcontractor Disclosure requirement will result in rejection of the Bid as non-responsive.

C.8 PRELIMINARY BID RESULTS

Prior to the Intent to Award Announcement, the City of Independence may post preliminary bid results on the OregonBuys System. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE

An Offeror's Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than ninety (90) calendar days from the Bid Opening Date.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

The City of Independence may request, orally or in Writing, that Offeror extend, in Writing, the time during which the City of Independence may consider their Offers. If an Offeror agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

C.11 METHOD OF AWARD

The responsiveness of Bids and responsibility of Offerors and of their proposed subcontractors will be considered in making the award.

C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total responsive Bid for the items listed. The City of Independence reserves the right to award any or all items listed, and to reject all Bids.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_Njg2YmYzMzgtYTk4Mi00MmMyLWE5ODMtYzJlNjRmYTFlYTZm%40thread.v2/0?context=%7b%22Tid%22%3a%2247721be8-105b-4e71-b3fb-a3424cd249f6%22%2c%22Oid%22%3a%229868a03b-dad1-4030-b5d5-68aacfc6770a%22%7d tel:+12089182989,,753407449 https://dialin.teams.microsoft.com/0022c8dd-1578-4ebc-b900-4290b563836f?id=753407449

CITY OF INDEPENDENCE PAGE 13 OF 26 INVITATION TO BID

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

Offers not in substantial compliance with ITB requirements cannot be considered and cannot be supplemented by submissions delivered after the Bid Opening Date (with the exception of First-Tier Subcontractor Disclosure Forms submitted within 2 working hours of the Bid Opening Date). However, the City of Independence may waive minor informalities as described in OAR 137-049-0350, and the City of Independence may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.13 OFFER EVALUATION CRITERIA

Offers will be evaluated to identify the lowest responsive Offer submitted by a responsible Offeror and not otherwise disqualified. (Refer to OAR 125-249-0390) Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only. No such adjustments shall operate to amend Offeror's Offer or any Contract awarded pursuant thereto.

C.13.1 RESPONSIVENESS: For its Bid to be considered responsive, the Offeror must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, the City of Independence may waive minor informalities and irregularities per City Rule 137-049-0470.

As a particular matter of responsiveness Bidder shall not make the Bid contingent upon the City of Independence’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB.

C.13.2 RESPONSIBILITY: Prior to award of a Contract, the City of Independence will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and City Rule 137-049-0390(2). In doing so, the City of Independence may investigate Offeror and request information in addition to that already required in the ITB, when the City of Independence, in its sole discretion, considers it necessary or advisable.

C.13.3 OREGON PREFERENCE: Awards shall be subject to preference for products produced or manufactured in Oregon, if price, fitness and quality are equal; and, solely for the purpose of evaluating Bids, the City of Independence will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Offeror is from a state that grants a ten (10) percent preference to local Offerors, the City of Independence will add ten (10) percent to that Offeror's Offer price (City Rule 137-046-0310).

C.14 PROCESSING OF BIDS

Neither the release of a Bid Security, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice intent to award, or otherwise), shall operate as a representation by the City of Independence that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 WITHDRAWAL BY THE CITY OF INDEPENDENCE OF BID ITEMS PRIOR TO AWARD

The City of Independence reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

C.16 REJECTION OF OFFERS

C.16.1 REJECTION OF ALL OFFERS: The City of Independence may reject all Offers for good cause upon its finding that it is in the public interest to do so.

C.16.2 LIQUIDATED AND DELINQUENT DEBT: The City of Independence may reject a particular Offer if an Offeror has liquidated and delinquent debt owed to the City of Independence, the State of Oregon, or any department or agency of the State of Oregon.

CITY OF INDEPENDENCE PAGE 14 OF 26 INVITATION TO BID

C.16.3 REJECTION OF PARTICULAR OFFERS: The City of Independence may reject a particular Offer not in compliance with all prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder’s responsibility under ORS 279C.375(3)(b) or any other reason listed under City Rule 137- 049-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT

the City of Independence reserves the right to announce its intent to award prior to formal Contract award by letter posted on the OregonBuys System("Intent-to-Award Announcement"), pursuant to ORS 279C.375. The Intent-to- Award Announcement shall serve as notice to all Offerors that the City of Independence intends to make an award.

C.18 PROTEST OF INTENT TO AWARD

Adversely-affected or aggrieved Offerors shall have seven (7) calendar days (i.e., January 28, 2026, end of business day) from the date of the Intent-to-Award Announcement within which to submit in Writing a protest to Gerald Fisher, PE, Public Works Director, City of Independence, gfisher@ci.independence.or.us. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.18.1 In order to be an adversely affected or aggrieved Offeror, the Offeror must claim to be eligible for award of the Contract as the responsible Offeror submitting the lowest responsive Offeror and that any and all lower Offerors are ineligible to receive Contract award.

C.18.2 An actual Offeror who is adversely affected or aggrieved by the award of the Contract to another Offeror may protest award, in Writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline.

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

The City of Independence will respond in writing to intent-to-award protests submitted by adversely affected or aggrieved Offerors. The City of Independence may also respond to intent-to-award protests submitted by other Offerors for purposes of clarification. However, any response provided by the City of Independence is not intended to, and shall not in and of itself constitute, confirmation that the Offeror is, in fact, adversely affected or aggrieved, and therefore entitled to protest an intent to award, or that the protest was timely filed.

C.20 AWARD

After expiration of the seven (7) calendar-day intent-to-award protest period and resolution of all protests, the City of Independence will proceed with the final award. If the City of Independence receives only one Bid, the City of Independence may dispense with the intent-to-award protest period and proceed with the award of a Contract.

C.21 COMMENCEMENT OF WORK

Contractor shall not commence Work under the Contract until the Notice to Proceed has been issued

C.22 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and available for review at the City of Independence by appointment during regular business hours (Monday through Friday) or through other parallel arrangements, and as otherwise prescribed by applicable legal requirements.

C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR

C.23.1 INSURANCE: The apparent successful Offeror shall provide all required proofs of insurance to the City of Independence within ten (10) calendar days of notification of intent to award. Failure to present the required documents within the ten (10) calendar days period may result in Offer rejection. Offerors are encouraged to mailto:gfisher@ci.independence.or.us

CITY OF INDEPENDENCE PAGE 15 OF 26 INVITATION TO BID

consult their insurance agent(s) about the insurance requirements as identified in Article 2 and Article 6 of the General Conditions (Exhibit 10) and the Supplemental General Conditions (Exhibit 11) prior to Offer submission.

Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to the City of Independence that are allowed to provide such insurance under Oregon law.

Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to do an insurance business in the state of Oregon, and certain non-admitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by the City of Independence. The City of Independence's approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.23.2 PERFORMANCE BOND and PAYMENT BOND: The successful Offeror shall be required to furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the City of Independence, to ensure faithful performance of the Contract and payment for services, materials and goods.

NOTE: THE CITY OF INDEPENDENCE PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE

FORMS APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

The City of Independence Performance Bond and Payment Bond form are Exhibit 6 and Exhibit 7, respectively.

The apparent successful Offeror shall provide all required bonding to the City of Independence within ten (10) calendar days of notification of award. Failure to present the required documents within ten (10) calendar days may be grounds for award disqualification.

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.23.4 CERTIFICATE OF PAY EQUITY TRAINING: NOT USED.

SECTION D - BID SECURITY REQUIREMENTS

D.0 Each Offer shall be accompanied by a certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or Bid Bond payable to the City of Independence in an amount equal to ten percent (10%) of the total amount of the Offer.

D.1 Bid security shall be furnished to the City of Independence as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to notification of intent to award.

D.2 If the Bidder fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, and (3) furnish certificates of insurance within the time specified in the written notification of intent to award a Contract, then the City of Independence may cash the check, draw under the letter of credit, or otherwise collect under the Bid security, pursuant to ORS 279C.385.

D.3 If Bid security is furnished by means of a Bid Bond, the City of Independence form, provided as Exhibit 2, is the form approved and required to be used for this ITB and submitted via upload in OregonBuys.

D.4 Each Bidder must provide a fully-executed electronic copy of the bid security with the Offer (whether in the form of a certified check, cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS

706.008 or Bid Bond). Within five (5) business days of the Bid Opening Date, each Bidder must deliver the original bid security document to the City of Independence, in order for the Bidder’s Offer to be responsive to this ITB.

CITY OF INDEPENDENCE PAGE 16 OF 26 INVITATION TO BID

SECTION E - BOLI PREVAILING WAGE RATE REQUIREMENTS

E.0 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2 and G.2.3 of the General Conditions.

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