22PW06 - Airport Standby Power - Specification Documents.pdf

CONTRACT DOCUMENTS

FOR THE

CONSTRUCTION OF

AIRPORT STANDBY POWER GENERATOR

PROJECT NO: 22PW06

BIL NO: 3-41-0054-031-2024

STATE NO: COAR-RBG-0033

CITY OF ROSEBURG

PUBLIC WORKS DEPARTMENT

DOUGLAS COUNTY, OREGON

PREPARED BY:

Mead & Hunt 9600 NE Cascades Parkway Suite 100 Portland, OR 97220

Intentionally left blank

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City of Roseburg, Oregon Standby Power Generator Roseburg Regional Airport Issued for Bid Project No. 22PW06

TABLE OF CONTENTS

ADVERTISEMENT FOR BID

INVITATION TO BID

INFORMATION TO BIDDERS

BIDDER'S CHECK LIST

BID FORM

STANDARD BID BOND

FIRST TIER SUBCONTRACTOR DISCLOSURE FORM INSTRUCTIONS

FIRST TIER SUBCONTRACTOR DISCLOSURE FORM

EMPLOYEE DRUG TESTING PROGRAM

PUBLIC WORKS BOND - PRE-BID NOTICE AND CERTIFICATION

PAY EQUITY COMPLIANCE TRAINING

BUY AMERICAN CERTIFICATION

BUY AMERICAN WAIVER REQUEST

CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS

EQUAL EMPLOYMENT OPPORTUNITY REPORT STATEMENT

CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY

BIDDER’S LIST

DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

APPENDIX A TO PART 26—GUIDANCE CONCERNING GOOD FAITH EFFORTS

LETTER OF INTENT

CONSTRUCTION CONTRACT

STANDARD CONTRACT PROVISIONS

PUBLIC WORKS BOND FILING CERTIFICATION

STANDARD PERFORMANCE BOND

PAYMENT BOND

LOWEST BIDDER RESPONSIBILITY DETERMINATION FORM

PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS

GENERAL CONDITIONS

REQUIRED FEDERAL CONTRACT PROVISIONS ........................................................... FP-1 GENERAL CONTRACT PROVISIONS ............................................................................. GP-1 CONSTRUCTION SAFETY PHASING PLAN (CSPP) ................................................. CSPP-1

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

TECHNICAL SPECIFICATIONS

ITEM NS-101 LOCATE AND PROTECT EXISTING EQUIPMENT

ITEM NS-102 SAFETY AND COMPLIANCE

ITEM NS-109 ELECTRICAL BUILDING WORK

ITEM NS-111 FBO WORK

ITEM NS-112 FUEL FARM WORK

ITEM F-162 CHAIN-LINK FENCE

ITEM L-108 UNDERGROUND POWER CABLE FOR AIRPORTS

ITEM L-110 AIRPORT UNDERGROUND ELECTRICAL DUCT BANKS AND CONDUITS

ITEM L-115 ELECTRICAL MANHOLES AND JUNCTION STRUCTURES

263213 ENGINE GENERATOR

263600 TRANSFER SWITCH

DRAWINGS

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

ADVERTISEMENT FOR BID

Project Name: Airport Standby Power Generator Project Number: 22PW06 Project Description: Furnish and installation of a new 80kV diesel powered standby generator and automatic transfer switch; miscellaneous cabling and conduit; electrical connections within the existing airfield electrical building; replacement of (2) existing fuel pump motors; and relocation of existing 6-foot chain-link fence.

Bids are due by 2:00 p.m. on Thursday, October 12, 2023 All bids will be opened at 2:00 p.m.

Additional forms disclosing first tier subcontractors are due by 4:00 p.m.

No bids shall be received after this date and time.

Contact – Submit bids to: Address Technical Questions to:

City of Roseburg City Recorder Ryan Bergstrom 900 SE Douglas Mead & Hunt Roseburg OR 97470 9600 NE Cascades Pkwy Suite 100

(541) 492-6866 Portland, OR 97220 bids@cityofroseburg.org ryan.bergstrom@meadhunt.com

SOLICITATION DOCUMENTS: Solicitation documents, including contract terms, conditions, specifications, all attachments and/or addenda for the Invitation to Bid are available for review at the above contact address. Bid documents will not be mailed to prospective bidders but may be downloaded from OregonBuys through the following internet address:

https://www.oregon.gov/das/Procurement/Pages/oregonbuys.aspx. Bidders without access to OregonBuys may download the documents at a Plan Center or the City of Roseburg’s website at www.cityofroseburg.org under “Bidding Opportunities.”

Bidders must be licensed with the Oregon Construction Contractors Board and comply with City of Roseburg Municipal Code.

The resulting public works contract is subject to ORS 279C.800 to 279C.870 and the Davis-Bacon Act (40 U.S.C. 3141 to 3148). No bid will be considered unless the bid contains a statement that the bidder will comply with the provisions of ORS 279C.840 (Prevailing Wage Rates).

mailto:bids@cityofroseburg.org mailto:ryan.bergstrom@meadhunt.com https://www.oregon.gov/das/Procurement/Pages/oregonbuys.aspx http://www.cityofroseburg.org/

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

INVITATION TO BID

The City of Roseburg will receive sealed bids or bids submitted via email marked "Bid for Airport Standby Power Generator” until the hour of 2:00 p.m. on Thursday, October 12, 2023, at which time they will be publicly opened and read in person or virtually. If opened virtually, a link will be posted on the City’s website at https://www.cityofroseburg.org/bidding no later than 24 hours prior to the opening.

When required by ORS 279C.370, bidders must submit a list of their first-tier subcontractors providing labor, or labor and materials, no later than 4:00 p.m. that same day. Bids shall be addressed and delivered to Patty Hitt, City Recorder, City Hall, 900 SE Douglas Avenue, Roseburg, Oregon 97470, or emailed to bids@cityofroseburg.org. Any and all bids received after the 2:00 p.m. deadline for submission, or for which the list of first-tier subcontractors has not been submitted by 4:00 p.m. that same day, shall be considered nonresponsive and returned to the bidder. All bidders must list their "Construction Contractors Board" or “State Landscape Contractors Board” license number as required by ORS 701.021 or 671.530 on the bid form.

The proposed work generally consists of furnishing all labor, equipment, materials and supervision for the construction of a new 80kV diesel powered standby generator and automatic transfer switch;

miscellaneous cabling and conduit; electrical connections within the existing airfield electrical building;

replacement of (2) existing fuel pump motors; and remove & replace 6-foot chain-link fence. The bids will be evaluated as unit price pursuant to OAR 137-049-0380(2)(b). The proposed work will require the bidder to meet the highest standards prevalent in the industry or business related to the work to be performed. Failure to meet such standards may result in a reduction or withholding of payment; require bidder to provide, at bidder’s own expense, additional work required to meet such standards; or termination of the contract, with damages being sought. Technical questions regarding the work to be performed should be addressed to:

Ryan Bergstrom Mead & Hunt 9600 NE Cascades Pkwy Suite 100 Portland, OR 97220 Ryan.Bergstrom@meadhunt.com

Bids must be accompanied by a certified check, cashier's check, irrevocable letter of credit or Bid Bond in an amount equal to not less than ten percent (10%) of the total amount of the bid. Bidders shall state as part of the bid that the provisions of ORS 279C.800 to 279C.870 (Prevailing Wage Rates) and the Davis-Bacon Act (40 U.S.C. 3141 et seq.) shall be complied with. The project is subject to both the state and federal prevailing rates of wage and the bid must contain a statement by the bidder that contractor and every subcontractor shall pay the higher of the applicable state or federal prevailing rate of wage to all workers on the project. Bidders must also certify as part of the bid that the requirements of ORS 279C.505(2) (Employee Drug Testing Program) shall be complied with. Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120. Bidders are not required to be licensed under ORS 468A.720 (Asbestos Abatement). However, the successful bidder shall at all times during the project provide qualified staff on site that is able to identify asbestos containing material. Bidders are hereby notified there are underground pipelines and structures containing asbestos within the City of Roseburg. If any such material is encountered during the project, the bidder shall thereupon be required to notify the City and comply with all requirements of applicable laws and regulations. Unless exempt under ORS 279C.800 to 279C.870, the successful bidder must file a $30,000 Public Works Bond with the Construction Contractors Board prior to beginning work on the project and certify that all sub-contractors have also filed such bond. Bidders must agree to use recyclable products to the maximum extent financially feasible. Bidders with 50 or more employees https://www.cityofroseburg.org/bidding mailto:bids@cityofroseburg.org

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Roseburg Regional Airport Issued for Bid Project No. 22PW06 and for contracts over $500,000, are required to possess a certificate issued by the Department of Administrative Services for completion of pay equity training (NEW).

The City of Roseburg may reject any bid not in compliance with all public bidding procedures and requirements, including the requirement to demonstrate the bidder’s responsibility under ORS 279C.375(3)(b), may waive any irregularities, and may reject for good cause any or all bids upon a finding of the City it is the public interest to do so. The City may also cancel this invitation in accordance with OAR 137-049-0270.

Federal Requirements for Federally Funded Projects (Applies to Bid Schedule A only). This Project is being partially funded under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Bidders must comply with specific federally required provisions as listed herein and contained in the bidding documents. The following federal provisions are incorporated in this solicitation by reference:

1. Buy American Preference (49 USC § 50101)

2. Civil Rights – Title VI Assurance (49 USC § 47123; FAA Order 1400.11)

3. Davis-Bacon Act (2 CFR § 200, Appendix II(D); 29 CFR Part 5)

4. Debarment and Suspension (2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5)

5. Lobbying and Influencing Federal Employees (31 USC § 1352 – Byrd Anti-Lobbying

Amendment; 2 CFR part 200, Appendix II(J); 49 CFR part 20, Appendix A)

6. Procurement of Recovered Materials (2 CFR § 200.322; 40 CFR part 247; Solid Waste Disposal

Act)

Civil Rights - Title VI Solicitation Notice. The City of Roseburg, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, select businesses, or disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

Disadvantaged Business Enterprise (Applies to Bid Schedule A only). The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Roseburg to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The City of Roseburg is an equal opportunity and affirmative action employer. Small, minority, veteran, and women-owned businesses are encouraged to submit bids.

A DBE contract goal of 5.32 percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract;

(2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that is participating in the contract as provided in the commitment made under (4); and

(6) if the contract goal is not met, evidence of good faith efforts.

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

DBE Bid Information Submitted as a matter of responsiveness:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53.

As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein:

1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2) A description of the work that each DBE firm will perform;

3) The dollar amount of the participation of each DBE firm listed under (1);

4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal

5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and

6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract.

DBE Bid Information submitted as a matter of responsibility:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53.

As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening.

1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2) A description of the work that each DBE firm will perform;

3) The dollar amount of the participation of each DBE firm listed under (1);

4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal;

5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and

6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract.

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity.

1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables Goals for minority participation for each trade: 2.4% Goals for female participation in each trade: 6.9%

These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.

Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation.

The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Douglas County, Roseburg, Oregon.

Federal Fair Labor Standards Act. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Bidder has full responsibility to monitor compliance to the referenced statute or regulation. The Bidder must address any claims or disputes that arise from this requirement directly with the U.S.

Department of Labor – Wage and Hour Division.

Trade Restriction Certification. By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S.

firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:

1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or

2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or

3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

Dated this 19th day of September, 2023.

CITY OF ROSEBURG, DOUGLAS COUNTY, OREGON

/s/ Patty Hitt, City Recorder

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

INFORMATION TO BIDDERS

1. FORM OF BID

All bids must be made upon the blank Bid Form attached hereto and must give a price for each item and an aggregate amount or a lump sum price as required in the Bid Form.

The bid form consists of Schedule A and Schedule B.

• Bid items under Schedule A are being funded, in part, by the Federal Aviation Administration and therefore are subject to the Required Federal Contract Provisions and General Contract Provisions provided herein. As identified on the bidder’s checklist, the Buy American Certification and Disadvantaged Business Enterprise documentation applies to Schedule A only.

• Bid items under Schedule B are being funded, in part, by the Oregon Department of Aviation and are not subject to the Required Federal Contract Provisions and General Contract Provisions provided herein. The Buy American Certification and Disadvantaged Business Enterprise documentation does not apply to Schedule B.

The City reserves the right to reject any or all bids or to accept the bid deemed in the best interest of the City. Without limiting the generality of the foregoing, the City may reject any bid which is incomplete, obscure or irregular; which omits any one or more items in the price sheet;

in which unit prices are obviously unbalanced; or which is accompanied by an insufficient or irregular Bid Bond.

The bidder shall sign the Bid Form in the blank space provided, therefore. All bids must contain the bidder’s tax identification number. Bids made by a corporation, general or limited partnership, or L.L.C., shall contain the name and address of such organization, together with names and addresses of officers, partners or managing members. If the bid is made by a corporation, it must be signed by one of the corporate officers with the authority to sign for the corporation; if made by a partnership, by one of the partners.

All bids must be submitted at the time and place, and in the manner prescribed in the Invitation to Bid.

2. BID PROTEST; REQUEST FOR CHANGE OR CLARIFICATION

A bidder may protest or request a change in items in the bid documents, including contract terms and conditions or specifications, by filing a written protest with the City not less than ten (10) calendar days prior to the bid submission deadline. Such written protest or request for change must include a detailed statement of the grounds for the protest and a statement of the desired changes to the contract terms and conditions or specifications.

The City shall not consider a bidder’s protest or request for change after the deadline for submitting such protest or request. The City shall provide notice to the bidder if it entirely rejects the bidder’s protest or request for change. If the City agrees with the bidder’s protest or request, in whole or in part, the City shall issue a written Addendum to the bid documents or specifications.

Prior to the deadline for submitting a written protest or request for change, a bidder may request that the City clarify any provision of the bid documents. The City’s clarification to a bidder, Page 12 – (Prevailing Wage Projects) Revised 03/2023

Roseburg Regional Airport Issued for Bid Project No. 22PW06 whether orally or in writing, shall not change the bid documents and is not binding on the City unless the City amends the bid documents by issuing a written addendum.

If a written addendum is issued by the City, all bidders must provide written acknowledgement, with their bids, of receipt of all issued addenda.

3. CONTRACT DOCUMENTS

The Contract Documents for this Project consist of, but are not necessarily limited to, the Invitation to Bid, Information to Bidders, Bid Form, Construction Contract including Exhibit “A” Standard City Contract Provisions, First-Tier Subcontractor Disclosure Form, Drug Testing Program Certification Form, Bidder’s Responsibility Form, Performance Bond, Payment Bond, Public Works Bond Filing Certification form (when required), Pay Equity Compliance Certification (when applicable), Buy American Certification, Certification Regarding Domestic Preferences for Procurements, Equal Employment Opportunity Statement, Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions, Bidder’s List, DBE Utilization, DBE Letter of Intent, General Conditions, Required Federal Contract Provisions, Federal General Contract Provisions, Technical Provisions, CSPP, Special Conditions, Standard Drawings, Specifications and Plans and Supplemental Specifications, all as required for the full execution and satisfactory completion of the Project. Any person contemplating the submission of a bid and being in doubt as to the meaning or intent of said Contract Documents should request of the City, in writing, an interpretation thereof. Any interpretation of said Contract Documents shall be made only in writing by the City.

4. ESTIMATE OF QUANTITIES

The estimate of quantities of work to be done as stated in the Bid Form, although stated with as much accuracy as possible, is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payments will be made to the Contractor are to be determined by measurement of the work actually performed and paid at the unit price bid, regardless of the amount of increase or decrease in the estimated quantities as specified in the Contract Documents. The City reserves the right to increase or diminish the amount of any class of work as may be deemed necessary.

5. CONSTRUCTION CONTRACTORS' BOARD - STATE LANDSCAPE CONTRACTORS’

BOARD

All contractors bidding on public contracts must be licensed with the Construction Contractors' Board or the State Landscape Contractors Board as required by ORS 701.021 or 671.530. Bids must be identified with the Contractors' Board license number. No bids will be considered without this information.

6. DISCLOSURE OF FIRST-TIER SUBCONTRACTORS

When a public improvement contract value is greater than $100,000, all bidders are required to disclose information about first-tier subcontractors, providing labor or labor and materials, when the contract amount of such first-tier subcontractor is equal to or greater than:

1) 5% of the project bid, or $15,000, whichever is greater; or

2) $350,000 regardless of the percentage of the total bid.

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Bidders must disclose the following information about such subcontracts, on the First-Tier Subcontractor Disclosure Form provided by the City and included herein, within two hours of the bid submission deadline:

1) The subcontractor’s name;

2) The subcontract dollar value; and

3) The category of work to be performed by the subcontractor.

Any bidder not using subcontractors subject to the above disclosure form, must write “NONE” on the Disclosure Form and sign and submit the form. The City will reject a bid if the bidder fails to submit the Disclosure Form before the deadline.

7. DRUG TESTING PROGRAM

ORS 279C.505(2) requires public improvement contracts to include a provision requiring contractors to demonstrate that they have an employee drug and alcohol testing program in place. All bidders are required to certify, on the Drug Testing Program Certification Form provided by the City and included herein, that they have such program in place. This certification will become part of the Contract if awarded and contractor will be required to maintain such program throughout the performance of the Contract. Failure to maintain a program shall constitute a material breach of the Contract.

8. PROMPT PAY POLICY - TIMELY PROGRESS PAYMENTS

ORS 279C.570 and 279C.580 require prompt payment to contractors and subcontractors and provides for settlement of compensation disputes between the parties. The City is required to automatically calculate and pay interest on invoices from the contractor when payments become overdue. The interest commences thirty (30) calendar days after receipt of the invoice from the contractor, or fifteen (15) calendar days after the payment is approved by the City, whichever is earlier. The rate of interest charged to the City on the amount due shall equal three times the discount rate on 90-day commercial paper, but shall not exceed 30 percent.

The City is also required to ensure that the contractor includes a clause in each subcontract that obligates the contractor to pay first-tier subcontractors for satisfactory performance under its contract. Contractors must pay subcontractors within ten (10) calendar days of receiving payment from the City. Contracts between primary contractors and subcontractors must also contain an interest penalty clause that obligates the contractor, if payment is not made to the subcontractor within thirty (30) calendar days after receipt of payment from the City, to pay the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the subcontract payment clause. The contractor is also required to ensure that first-tier subcontractors include these requirements in each of its subcontracts with lower-tier subcontractors or suppliers.

If requested in writing by a first-tier subcontractor, within ten (10) calendar days after receiving the request, the contractor must provide the first-tier subcontractor, a copy of that portion of any invoice or request for payment submitted to the City, or pay document provided by the City to the contractor, specifically related to any labor or materials supplied by the first-tier subcontractor.

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9. PRE-QUALIFICATION OF BIDDERS

Bidders must be licensed with the Oregon Construction Contractors Board and comply with City of Roseburg Municipal Code.

10. BID BOND, PUBLIC WORKS BOND, PAYMENT BOND AND PERFORMANCE BOND

A Bid Bond, Public Works Bond Filing Certification, Payment Bond, and Performance Bond shall be provided as specified in Subsection 5.4 of the General Conditions. No waivers, special requirements or emergency provisions have been established for this Contract.

11. PAY EQUITY COMPLIANCE CERTIFICATION (NEW)

ORS 279A.167 requires businesses with fifty (50) or more employees, and a contract valued at more than $500,000, to provide proof they are properly trained on Oregon’s pay equity laws. A certificate proving the contractor has completed the training shall be provided as specified in Subsection 26 of the “Bid Form”.

12. HIGHEST STANDARDS OF WORK AND CONSEQUENCES FOR FAILURE

The work to be performed must meet the highest standards prevalent in the industry or business most closely related to the work to be performed. Failure to meet such standards may result in consequences including, but not limited to a reduction or withholding of payment; a requirement that bidder perform, at bidder’s own expense, additional work required to meet such standards;

or termination of the contract, with damages being sought.

13. CONDITIONS OF WORK

Bidders must make their own determination of the nature of the work proposed under this

Contract, the local conditions which can be encountered in this area, and all other matters which can in any way affect the work proposed under this Contract. It shall also be the bidder's responsibility to be thoroughly familiar with the Contract Documents. Failure to make the examination necessary for this determination or to examine any form, instrument or document of the Contract shall not release the bidder from the obligations of this Contract.

14. REVIEW OF BIDS; BASIS FOR AWARD; NOTICE OF INTENT TO AWARD; AND RIGHT TO

PROTEST AWARD

In reviewing all bids received and determining the lowest responsible bidder, the City reserves the right to take into account and give reasonable weight to the extent of the bidder's experience on work of the nature involved, on the bidder's record as to dependability in carrying out of contracts, and evidence of present ability to perform the Contract in a satisfactory manner.

The City may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract, to complete the work contemplated therein, and to do so in a timely manner. The City specifically reserves the right to reject a bid from a bidder who, at the time bids are opened, has failed to complete work in a

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Roseburg Regional Airport Issued for Bid Project No. 22PW06 timely manner under a contract previously awarded to the bidder by the City. Conditional bids will not be accepted.

In accordance with ORS 279A.120(2)(b), in determining the lowest responsible bidder, the City shall, for the purpose of awarding the Contract, add a percentage increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

Within forty-five (45) calendar days after the bid opening, the City will accept one of the bids or reject all of the bids received. If the City intends to accept one of the bids, it shall issue a Notice of Intent to Award the Contract to all bidders. The City’s award will not be final until seven (7) calendar days after the date of the notice if no protest is filed; or if a protest is filed, until the City provides a written response to all timely-filed protests that denies the protest and affirms the award.

A bidder may submit a formal written protest to the City’s Notice of Intent to Award the Contract within seven (7) calendar days of the date of the City’s Notice of Intent. The written protest must specify the grounds upon which the protest is based and must show that the protesting party is an adversely affected or aggrieved bidder. A bidder is adversely affected or aggrieved only if the bidder is eligible for award of the Contract as the responsible bidder submitting the lowest responsible bid, is next in line for award and claims that all lower bidders are ineligible for award in accordance with law.

Such protest must be submitted to the City Recorder, 900 SE Douglas, Roseburg, OR 97470 or by email at info@cityofroseburg.org. Any protest received after the 7-day deadline will not be considered. The City Recorder shall forward such protest to the City Manager who shall have the authority to settle or resolve the protest by written decision.

15. EXECUTION OF CONTRACT, BONDS AND DAMAGES FOR FAILURE TO EXECUTE

The bidder whose bid is accepted will be required to appear within ten (10) calendar days after notice that the Contract has been awarded to bidder and to execute the Contract with the City for the full and complete performance of all work specified, and as required by Subsection 5.4 of the General Conditions, deliver the Public Works Bond Filing Certification form, the Payment Bond to assure payment of the obligations incurred in the performance of the Contract and the Performance Bond and to ensure performance of the Contract.

Should the successful bidder fail or refuse to execute the Contract and furnish the Public Works Bond Filing Certification form, Payment Bond and/or Performance Bond when required, then the Bid Bond deposited by said bidder shall be retained by the City as liquidated damages.

16. COMMENCEMENT DATE AND EXPIRATION DATE OF CONTRACT

This Contract shall be in effect from the time the Contract is signed until the Project is completed.

The Contractor must be capable of commencing construction on the work contemplated in the Contract Documents within ten (10) calendar days after the execution of the Contract and receipt of the City's notification to proceed and shall complete the same within the time specified in the bid.

mailto:info@cityofroseburg.org

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17. DURATION OF BIDS; RETURN OF BID BONDS

All bids will be binding until the later of:

1) the day the contract is executed; or

2) sixty (60) calendar days after the date of bid opening.

Bid bonds will be returned to unsuccessful bidders not later than the date on which the bids are no longer binding.

18. PUBLIC RECORDS

These Contract Documents and each bid received in response to it, together with copies of documents pertaining to the award of a contract shall be kept on file as a public record by the City Recorder; provided however, such records shall not be disclosed until after the notice of intent to award the contract has been issued.

19. RECORDS REVIEW; CONFIDENTIALITY

After notice of intent to award the resulting contract has been issued, all bids shall be available for public inspection except for those portions of a bid that the bidder designates in its bid as trade secrets or as confidential proprietary data in accordance with applicable state law. If the City determines such designation is not in accordance with applicable law, the City shall make those portions available for public inspection. The bidder shall separate information designated as confidential from other non-confidential information at the time of submitting its proposal.

Prices, makes, models or catalog numbers of items offered, scheduled delivery dates and terms of payment are not confidential, and shall be publicly available regardless of a bidder’s designation to the contrary.

20. MATERIALS CONTAINING ASBESTOS

Materials containing asbestos may be present in underground pipe systems. All appropriate Federal, State, County and Municipal rules, regulations and guidelines must be followed when working with asbestos containing material. Non friable material must be handled, transported and disposed of in a way that prevents it from becoming friable and releasing asbestos fibers.

If AC pipe is shattered, damaged or badly weathered, it is considered to be friable and will likely release asbestos fibers. A DEQ licensed asbestos abatement contractor using DEQ certified workers must remove all friable asbestos material. Any and all permits and fees that are required by the DEQ, Douglas County and any other regulatory agency must be obtained and paid for by the Contractor prior to disposing of the asbestos containing material. For information about asbestos rules, contact the DEQ Western Region office in Medford, Oregon.

21. REQUIRED FEDERAL CONTRACT PROVISIONS

Contractor shall comply with the Required Federal Contract Provisions and include in all subcontracts.

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22. DISADVANTAGED BUSINESS ENTERPRISE

The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Roseburg to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The City of Roseburg is an equal opportunity and affirmative action employer. Small, minority, veteran, and women-owned businesses are encouraged to submit bids.

A DBE contract goal of 5.32 percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that is participating in the contract as provided in the commitment made under (4); and (6) if the contract goal is not met, evidence of good faith efforts.

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

BIDDER'S CHECK LIST

Bidder's attention is called to the following forms, which must be executed in full as required with the bid:

A. BID FORM(S): Each bidder shall complete the bid form(s). Prices must be shown in the spaces provided and must be expressed in figures. Each bidder shall acknowledge receipt of all addenda on the bid form(s).

B. BID BOND: This form is to be executed by bidder and bidder's Surety. The amount of cash, certified check, cashier's check, irrevocable letter of credit or Bid Bond shall not be less than 10% of the total Bid amount.

C. FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM: When required by law, this form must be submitted by the bid submission deadline, at which time bids will be opened and read, or within two (2) working hours of such submission deadline. If no subcontractors for labor or for labor and materials will be used, the bidder must write “NONE” on the disclosure form, sign and submit the form as required. Failure to submit this form within two hours of the bid submission deadline will result in the bid becoming non-responsive and such bid will be returned to the bidder.

D. DRUG TESTING PROGRAM CERTIFICATION FORM: This form must be submitted with the bid to demonstrate that bidder has an employee drug and alcohol testing program in place and will continue to keep the program in place throughout the duration of performing the Contract awarded.

E. PUBLIC WORKS BOND PRE-BID NOTICE & CERTIFICATION FORM: This form must be submitted with the bid to demonstrate contractor’s awareness of and intended compliance with the requirement to file a Public Works Bond with the Construction Contractors Board prior to beginning work on the project if awarded the bid.

F. PAY EQUITY COMPLIANCE CERTIFICATION FORM (NEW): If applicable pursuant to Section 11 of “Information for Bidders”, this form must be submitted with the bid to demonstrate contractor has completed required training regarding pay equity and the prohibition against discrimination in compensation or wage benefits.

G. BUY AMERICAN CERTIFICATION (Applies to Bid Schedule A only): Each bidder shall check the appropriate boxes and sign.

H. CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS

(Applies to Bid Schedule A only): Each bidder shall complete the form in its entirety.

I. EQUAL OPPORTUNITY REPORT STATEMENT: Each bidder shall check the appropriate boxes, sign, and date.

J. CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY

CONVICTIONS: Each bidder shall check the appropriate boxes, date, and sign.

K. BIDDER’S LIST (Applies to Bid Schedule A only): Each bidder shall complete the form in its entirety.

L DBE UTILIZATION STATEMENT (Applies to Bid Schedule A only): Each bidder shall complete the form in its entirety.

M. DBE GOOD FAITH EFFORTS (Applies to Bid Schedule A only): Each bidder shall provide evidence of good faith efforts when unable to meet the contract goal.

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

N. DBE LETTER OF INTENT (Applies to Bid Schedule A only) : This form shall be submitted for each DBE firm intended to perform work on the project.

The following forms are to be executed after the Contract is awarded, prior to beginning work on the project:

A. CONSTRUCTION CONTRACT: This agreement is to be executed by the successful bidder.

B. PERFORMANCE BOND AND PAYMENT BOND: Both a Performance Bond and a Payment

Bond are to be executed by the successful bidder and bidder's Surety Company and submitted at the time the Contract is executed.

C. PUBLIC WORKS WAGE CERTIFICATION FORM: This form is to be completed in accordance with state law and submitted monthly during the duration of the contract, by the fifth business day of the following month, with request for payment.

D. CERTIFICATE OF INSURANCE: This certificate is to be executed by the successful bidder and bidder's insurance company and submitted at the time the Contract is executed.

E. PUBLIC WORKS BOND FILING CERTIFICATION: This form is to be executed by the successful bidder and submitted at the time the Contract is executed to certify if Contractor has filed the required Public Works Bond or elected not to file the Bond due to qualifying under ORS 200.055.

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BID FORM

City of Roseburg 900 SE Douglas Avenue Roseburg, Oregon 97470

The undersigned bidder has carefully examined the Contract Documents for the construction of the

Airport Standby Power Generator referred to in the Invitation to Bid dated September 19, 2023, inviting bids on such Project and also the site of the Project. Bidder will provide all necessary labor, equipment, tools, apparatus and other means of construction, do all the work and furnish all the materials called for by said Contract Documents in the manner prescribed therein to provide a complete Project.

The undersigned bidder understands that the quantities of work as shown herein are approximate only, unless noted otherwise, and are subject to increase or decrease. The bidder offers to perform the work, at the unit price stated in the following schedule, whether the quantities are increased or decreased.

Schedule A – Base Bid Item No. Description Unit* Estimated

Quantity Unit Price (in figures)

Estimated Total Price (in figures)

A-1 Safety and Compliance LS 1 $ $ A-2 80kW Standby Power Generator w/Automatic Transfer Switch LS 1 $ $

A-3 Remove 6-foot Chain-Link Fence LF 43 $ $ A-4 Install 6-foot Chain-Link Fence LF 42 $ $ A-5 Electrical Building Work LS 1 $ $

Schedule A Bid Item Total: $

Schedule B – Base Bid Item No. Description Unit* Estimated

Quantity Unit Price (in figures)

Estimated Total Price (in figures)

B-1 Concrete Encased, Electrical Conduit, 1-Way 3-inch C, 18-inch Minimum Cover

LF 386 $ $

B-2 Non-Encased, Electrical Conduit, 1- Way 3-inch C, 18-inch Minimum Cover

LF 16 $ $

B-3 4-#250KCMIL, 1-#2 Ground Installed Duct Bank or Conduit

LF 402 $ $

B-4 No. 6 AWG, Solid, Bare Copper Counterpoise Wire

LF 402 $ $

B-5 Electrical Handhole EA 2 $ $

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Roseburg Regional Airport Issued for Bid Project No. 22PW06

B-6 Replace 7.5HP Fuel Farm Motor LS 1 $ $ B-7 Replace 10HP Fuel Farm Motor LS 1 $ $ B-8 Fuel Farm Work LS 1 $ $ B-9 FBO Work LS 1 $ $

Schedule B Bid Item Total: $

The undersigned also declares and agrees as follows:

1. That the only persons or parties interested in this bid are those named herein, that the bid is in all respects fair and without fraud, and that it is made without any connection or collusion with any person making another bid on this Contract.

2. That the bidder, and any subcontractor upon which the bidder is relying, have carefully examined and had an opportunity to comment on, the Contract Documents for the construction of the proposed improvements including a full set of the plans and specifications, including all addenda thereto; that bidder has personally inspected the contemplated construction area or areas; that bidder is satisfied as to the adequacy and completeness of the plans and specifications, the feasibility of the work described therein, quantities of materials, items of equipment and conditions of work involved, including the fact that the description of work and materials as included herein are approximate only; and that this bid is made according to the…