Rev 9/24

Eugene Water & Electric Board

FORMAL INVITATION TO BID

For

CONCRETE REMOVAL & REPLACEMENT SERVICES

Bid No.: 25-213-2025 Closing Date: Tuesday, January 13, 2026 Time: 2:00 PM PT

Description: EWEB requires services for the installation, removal, and replacement of concrete cement for EWEB’s right-of-way within the city of Eugene, Lane County, and state of Oregon.

Purchasing Contact: Sandra Hahn Phone: (541) 685-7163 Email: sandra.hahn@eweb.org

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS

BID SITE ARE REQUIRED. EMAILED SUBMITTALS WILL NOT BE ACCEPTED.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 24-hours prior to the closing date and time listed above

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be addressed via the Addendum process.

FOR MORE INFORMATION please refer to Section 00200 “Instructions to Bidders”.

Rev 9/24

TABLE OF CONTENTS

This solicitation is organized and written in a manner consistent with the Construction Specification Institute (CSI) format. The following is a list of all Divisions, Sections, and Details that are included in the Project Manual.

DIVISION 0 - BIDDING DOCUMENTS & CONTRACT FORMS

00100 Invitation to Bid - Legal Advertisement

00200 Instructions to Bidders

00400 Bid Form

00430-A First-tier Sub-Contractor Disclosure Form

00430-B Drug Testing Requirements

00450 Minimum Qualifications

00610 Bid, Performance, & Payment Bonds

00620-A Completion Notices (Contractor Affidavit, Certificate of Substantial Completion, Notice of Final

Completion)

00620-B Certificate for Payment

00700 General Conditions (Public Works)

00830 BOLI Prevailing Wage Rates

00930 Change Order

00930-FCO Field Change Order

DIVISION 1 - SPECIFICATIONS

01010 Summary of Work

Rev. 09/24 Section 00100

ITB #25-213-PW

Concrete Removal & Replacement Services

The Eugene Water & Electric Board (EWEB) requests bids for the installation, removal, and replacement of concrete cement for EWEB’s right-of-way within the city of Eugene, Lane County, and state of Oregon.

Bidders shall meet Minimum Qualifications for Contractor and specialty sub-contractors, as defined in the bid packages.

Bidders shall comply with all BOLI and CCB requirements, as outlined in www.oregon.gov/BOLI and http://www.oregon.gov/ccb/Pages/index.aspx.

The bid package may be inspected online on the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. (On OregonBuys home page, choose Bid Solicitaitons from the drop down list in search bar and search for bid # S-P00140-00015463 or type “EWEB” and click on search symbol. For navigation help, please call 1-855-800-5046.)

Bid Submission Deadline: Bids shall be submitted on the State of Oregon - OregonBuys website (https://oregonbuys.gov/bso/), before 2:00 PM Pacific Standard Time, on January 13, 2026. Bids will be opened immediately thereafter and recorded. Emailed bids will not be accepted.

First-tier Sub-contractor Disclosure Form (Section 00430) shall be submitted either with Bid submission via OregonBuys, or via email to the Purchasing Contact listed above by 4:00 PM PST, on January 13, 2026.

Bids and required Sub-contractor Disclosure Form received after their respective deadlines will NOT be considered.

By submission of a bid, the Bidder agrees to comply with the provisions of 279C.800 through 279C.870 relating to the latest version of State of Oregon’s BOLI Prevailing Wage Rates.

EWEB may cancel the Invitation to Bid or reject any or all bids pursuant to EWEB Rule 5-0440.

Single point of contact: Submit all technical, bidding, website access, and contract questions to the Purchasing Contact, Sandra Hahn, in writing via email at sandra.hahn@eweb.org. DO NOT contact the project team without prior approval by the Purchasing Contact.

BY:

Sandra Hahn, EWEB Purchasing Contact ISSUED: December 4, 2025 PUBLISHED in Daily Journal of Commerce, Oregon http://www.oregon.gov/BOLI http://www.oregon.gov/ccb/Pages/index.aspx https://oregonbuys.gov/bso/

Eugene Water & Electric Board Section 00200

Rev 09-2024 Section 00200

INSTRUCTIONS TO BIDDERS

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS

THE SOLE RESPONSIBILITY OF THE BIDDER TO CHECK THE WEBSITE ON A TIMELY BASIS.

BID SCHEDULE

1.1 Bid Preparation:

The Eugene Water & Electric Board's environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, Bidder shall submit their bid electronically via the OregonBuys website, https://oregonbuys.gov/bso, Bidders are responsible for all costs they may incur in connection with submitting a bid.

a. Compliance. All bids must be submitted on the Oregon Buys website and received by

EWEB’s Purchasing Department (“EWEB” herein used synonymously with the term "OWNER" as used in the General Conditions) prior to the bid closing time and date. Bids that are received after the bid closing time and date may not be considered.

b. Method of Bidding - Unit and Total Price. The price per item shall be clearly shown in the space provided. The pricing shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail. The written unit price shall prevail over the extended unit price. Estimated quantities represent the estimated amounts that will be ordered by EWEB over the life of the five year Contract (unless one or both parties terminate early per the Contract terms.)

c. Completion. The Bidder shall show in the space, when provided in the bid form, the earliest completion date on which completion of the work can be guaranteed.

Otherwise the Bidder certifies that the work will be complete according to the completion time stated in the bidding documents.

Last Day for EWEB to Receive Questions January 6, 2026

Last Day for EWEB to Issue Addenda January 8, 2026

Bid Close Date January 13, 2026

Board Approval February 2, 2026

Estimated Date of Notice to Proceed March 1, 2026 https://oregonbuys.gov/bso

EWEB reserves the right to consider availability and delivery (completion) time in determining award of this Contract.

d. Examination of Plans, Specifications, and Work Site. It is understood that a Bidder, before submitting a bid, has made a careful examination of all plans, specifications and Contract documents, that the Bidder has a complete understanding of the quality and quantity of materials and the character of the work required; and that the Bidder has made a careful examination of the location and conditions of the worksite and the sources of supply for materials.

It is further understood that a bid awarded hereunder is subject to EWEB being able to

(1) comply with all zoning ordinances, or obtain rezoning of the property where necessary; and (2) comply with local building code restrictions and conditions for the structure or structures contemplated in the bid, any or all of which conditions may be contained in the Contract and may result in termination of the Contract, if such conditions are not satisfied. EWEB will in no case be responsible for any loss or for any unanticipated costs that may be incurred by the Contractor as a result of the Contractor's failure to acquire full information about work conditions prior to submitting an offer to perform the work.

e. Substitutions. When a brand name is required by the specifications, all Bidders shall provide the specified product unless an alternative product is allowed per the specifications and in which case, must be of equal quality, merit and utility (as determined in EWEB's sole judgment). Bidders may be required to provide information to EWEB to determine product acceptability prior to award of Contract.

f. Interpretation of Contract Documents. If a Bidder finds discrepancies in errors or omissions from the plans, specifications, or Contract documents, or has doubt as to their meaning, the Bidder shall at once notify EWEB. EWEB will then investigate the validity of the claim and will determine whether an Addendum will be issued (see Protest or Request for Clarification and Changes to the Bid Specifications below).

g. Protest or Request for Clarification/Changes of Specifications and/or Bidding

Requirements (EWEB Rule 5-0260).

Request for Clarification and Changes to the Bid Specifications Prior to the deadline for submitting questions, Bidders may, in writing/email, request clarification of or changes to any bid specifications or Contract terms. Questions and responses that present material information to all Bidders will be posted via formal, written Addendum. EWEB’s clarification to an Offeror, whether orally or in writing, does not change the terms of the solicitation and is not binding on EWEB unless EWEB amends the solicitation document by written Addendum.

Protest of Specifications/Bid Requirements Bidders may, in writing, protest bid specifications or Contract terms and conditions.

Unless stated differently in the bidding document, this written request for change must be received by the Purchasing Contact indicated in the solicitation document no later than ten (10) days prior to the bid closing date. The written protest shall include the reasons for the protest. Email containing bid protests shall be marked as follows:

Bid Specification Protest Bid #25-213-2025

h. Filling in Bid Forms. The bid response shall be made on the form provided in the

Invitation to Bid (Section 00400) and as prescribed by EWEB. The Bidder may not alter, modify or change the bid form, except as directed by bid Addendum. Any other form of offer is invalid.

Bids may be rejected if they contain any recapitulation or restating of the work to be done, disclaimers, exceptions or other limitations or stipulations.

i. Bids are Offers. The bid is the Bidder's offer to enter into a contract, which, if the bid is accepted for award, binds the Bidder to a contract and the terms and conditions contained in the Invitation to Bid. A Bidder shall not make the bid contingent upon EWEB's acceptance of specifications or Contract terms that conflict with or are in addition to those required in the bid Documents (except as noted in Time for Bid Acceptance, Section 1.3(g) below).

j. Proprietary Information/Public Disclosure. Materials submitted in response to this

Invitation to Bid and/or the Contract shall become the property of EWEB and are, therefore, subject to public records laws.

In the event that a Bidder desires to claim that portions of its submittal are exempt from public disclosure, under the provisions of ORS 192.501, it is incumbent upon the Bidder to identify those portions in a transmittal letter. The transmittal letter must identify the page and the particular exemption(s) from disclosure upon which the claim is made.

Each page claimed to be exempt from disclosure must be clearly identified, on the page, by the words: "This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.

If EWEB receives a request for public records disclosure of the information so designated as confidential by Bidder, EWEB will make a reasonable attempt to notify Bidder of the request so Bidder/Contractor may claim any exemption Bidder is entitled to under applicable laws.

The Oregon Public Records Law exempts from disclosure trade secrets, and the exemption from disclosure applies "unless the public interest requires disclosure in the particular instance," ORS 192.501(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of this solicitation may depend upon official or judicial determinations made pursuant to the Oregon Public Records Law.

In any event, EWEB will, to the fullest extent permitted by Oregon Law, assist the Bidder in protecting proprietary information submitted pursuant to this Invitation to Bid.

1.2 Bid Submission:

a. OREGON BUYS ELECTRONIC RESPONSE

All bid documents should be combined into one pdf document except that the First Tier Subcontractor form may be submitted as a separate document.

In order to submit an electronic bid on the OregonBuys website, Bidder must be registered with OregonBuys and able to submit an electronic bid.

If you experience any issues registering, please contact OregonBuys at:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

Proposer should follow the procedures outlined in https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20 Solicitation%20Response.pdf for electronic submission.

A video presentation on submitting an electronic bid may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

b. Bid Submission. The bid response shall be submitted electronically via the OregonBuys website prior to the bid closing time and date stated in the Invitation to Bid/Advertisement (Section 00100). Bids received after the bid closing time and date will not be considered for award. EWEB is not responsible for any delays by transmission errors or interruptions, or for any mis-delivery for any reason.

The First-Tier Subcontractor disclosure must be submitted with the bid response or Bidders must email the disclosure to the Purchasing Contact within two (2) working hours of the bid closing date and time.

c. Addenda. EWEB reserves the right to make changes to the Invitation to Bid and the resulting Contract by written Addenda, prior to the closing time and date. Addenda shall only be issued by EWEB and upon issuance, are incorporated into the Invitation to Bid or the resulting Contract. If required by Addendum, Bidders shall sign and return all Addenda with their bid prior to the bid closing time and date or acknowledge them on the 00400 Bid Form. Addenda shall be obtained electronically at the State of Oregon bid site at: https://oregonbuys.gov/bso/. The Bidder is responsible for ensuring that all Addenda have been acknowledged in their bid response.

d. Security to be Furnished by Each Bidder. When the bid price exceeds $100,000, or when otherwise required by the Contract Documents, the bid shall be accompanied by a certified bid bond in an amount equal to 10% of the total amount of the bid as bid security to ensure that the Bidder, if offered, will execute the Contract agreement and provide the performance bond and payment bond as required. If Bidder wishes to use a cashier's check as the bid bond, Bidder must schedule the delivery of the bid bond mailto:support.oregonbuys@das.oregon.gov 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 https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf https://oregonbuys.gov/bso/ with Purchasing Contact prior to bid closing date and time. The lowest responsible and responsive Bidder will be required to provide a performance/payment bond in an amount equal to 100% of the Contract award if the bid price exceeds $100,000 or if otherwise required in the bid documents.

EWEB reserves the right to hold the bid security of all Bidders until the Notice to Proceed is issued or for ninety (90) calendar days after bid closing, whichever is sooner (unless a longer or shorter period is specified in the Invitation to Bid.)

Should the Bidder fail to execute the Contract agreement and furnish the satisfactory performance bond and payment bond after the bid has been accepted, the bid security shall become the property of EWEB.

e. Modification of Bids. If a Bidder wishes to make modifications to a submitted Bid, Bidder must do so through OregonBuys prior to the Bid Due Date and Time stated on the Cover Page for this ITB. For help, please call OregonBuys at 1-855-800-5046.

f. Withdrawal of Bids. If a Bidder wishes to withdraw a submitted Bid, Bidder must do so through OregonBuys, using the “Withdraw Quote” button prior to the Bid Due Date and Time stated on the Cover Page for this ITB. Bids may not be withdrawn after the bid opening date and time. For help, please call OregonBuys at 1-855-800-5046.

1.3 Bid Review & Award:

a. Bid Review / Minimum Requirements. After bid opening, EWEB may conduct discussions with Bidders for the purpose of clarification to assure full understanding of the bid.

Bidder Responsibility shall partially be based on their response to any minimum requirements established by the specifications and compliance with conditions of the Invitation to Bid and shall be subject to Oregon Revised Statutes (ORS) 279A, 279C, and EWEB Public Contracting Rules, Divisions 1, 2, 5 & 6.

EWEB may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon a finding of EWEB that it is in the public interest to do so. (ORS 279C.395)

b. Method of Award: Award shall be made to the lowest Responsive and Responsible

Bidder for the total of all line items for each Bid Package. It is possible for one Bidder to be awarded a contract for both packages or for two different Bidders to be awarded a contract.

c. Oregon Preference. Award shall be subject to preference for goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are determined by EWEB to be equal (ORS 279A.120).

d. Reciprocal Law. In determining the lowest responsible Bidder, a nonresident Bidder eligible to receive a preference in the state in which the Bidder resides, shall have that same percentage preference added to the bid amount in accordance with EWEB

Rule 5-0390(5)(a).

e. Responsiveness / Responsibility. The Responsiveness and Responsibility of Bidders and of their proposed subcontractors will be considered in making the award.

A “Responsive” bid is one that substantially complies with the Invitation to Bid instructions and requirements.

A “Responsible” Bidder can demonstrate ability to meet the requirements of the project specifications, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in Rule 5-0390(2).

f. Certification of Alteration or Erasure. A bid may be rejected if it contains any material alteration or erasure. Nothing in this paragraph shall be construed as allowing the Bidder to alter or otherwise change the form of the offer, the form of the Contract, the conditions of the bid, the specifications, and/or plans attached to the bid documents.

Unless otherwise specifically allowed in the bidding documents, no changes or modifications to an offer may be made after the bid closing date & time.

g. Time for Bid Acceptance. EWEB reserves the right to consider a bid response containing a condition that limits its time for bid acceptance. EWEB may, solely at its option, accept a shorter time for bid acceptance, even though the Invitation to Bid may state a longer period. EWEB reserves the right either to accept or reject the bid response containing the time condition if the bid response is otherwise the lowest responsible and responsive Bidder.

h. Bid Reading and Review. Bids received in response to this Invitation to Bid shall be opened at the scheduled closing date and time by EWEB Purchasing Department.

Bidders wishing to view the Bid Opening remotely shall contact the Purchasing Contact listed above at least 24 hours prior to the bid opening to receive a MS Teams link for the bid opening. Be sure to have MS Teams access available on your computer or mobile phone and follow the provided link.

Award decisions will not be made at bid opening. Only the name of the Bidder(s) and the bid item(s) to be considered for award purposes will be read at the bid opening.

After bid opening, EWEB may conduct discussions with Bidders for the purpose of clarification to assure full understanding of the bid. EWEB will review each bid for Bidder Responsiveness and Responsibility.

EWEB reserves the right to waive or allow correction of minor informalities and errors (EWEB Rule 5-0350).

i. Bid Results. To obtain bid results, notes may be taken at the public bid opening, or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT.

Bid tabulations and bid status shall be obtained electronically at https://oregonbuys.gov/bso/.

j. Right of Rejection. EWEB reserves the right to reject stipulated and/or unbalanced bids that are determined by EWEB to not be in its best interest.

EWEB reserves the right to reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause all bids upon a finding that it is in the public interest to do so. (ORS 279C.395)

EWEB may cancel the Invitation to Bid pursuant to EWEB Rule 5-0440.

k. Protest of Award. EWEB Rule 5-0450(4)(a). A Bidder may protest the award or intent to award a Contract if: The Bidder is adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest were successful; and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible Bidders protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders.

1. Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. EWEB will not consider late protests.

2. All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Analyst listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

3. Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

4. EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email or postal address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

5. If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

6. EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, in accordance with the email or postal address provided in the bid, the protesting party a written response within three

(3) business days of receipt of written appeal.

7. If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

8. The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or ITB and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved Bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

1.4 Registration Requirements (i.e. Construction Contractors Board/State Landscape Board):

Bidders shall certify that all parties performing work described in ORS 701.005(2) (i.e.

construction work) will be registered with the Oregon Construction Contractors Board (CCB), and the State Landscape Contractors Board (LCB), if applicable, in accordance with ORS 701.035 and 701.055, or the appropriate authority pertaining to the trade before the bid opening time and date set in this Invitation. Bids not meeting this requirement will not be considered.

1.5 Scope of Work. The work contemplated under this Contract includes all labor, tools, machinery, materials, transportation, mobilization/demobilization, equipment and services necessary for, and reasonably incidental to, the completion of all work in connection with the project described in the Contract, the General Conditions, all applicable special conditions, plans, specifications, or any supplementals.

End of Section 00200

Eugene Water & Electric Board Section 00400

Rev. 8/17 Section 00400

BID FORM

PROJECT: CONCRETE REMOVAL & REPLACEMENT SERVICES

BID OPENING: Tuesday, January 13, 2026; 2:00 pm, PST

LOCATION: Eugene Water & Electric Board (EWEB) Roosevelt Operations Center 4200 Roosevelt, Blvd Eugene, OR 97402 Phone: 541-68-7163

BID SUBMISSION

Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

00400 Bid Form, including Bid Table information 00450 Minimum Qualifications Form 00610 Bid Bond 00430-A First Tier Subcontractor Form If applicable, signed Addenda (or acknowledged on 00400 Bid Form) Electronic copy (Flash drive preferred)

A. EXCEPTIONS: Bidders, please note that any exceptions or stipulations to any of the requirements of this solicitation must be submitted in accordance with Section 00200, 1.1(g), Protest or Request for Changes of Specifications and/or Bidding Requirements. Exceptions that are not submitted in compliance with Section 00200, 1.1(g), may cause your bid to be ruled non-responsive.

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

Bidder acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each BID addendum posted: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, None Posted

C. CCB/LCB REGISTRATION NUMBER - EWEB Rule 5-0230 Eligibility to Bid or Propose;

Registration or License

Construction Contracts. EWEB shall not consider a Person's Offer to do Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the Offer is made.

Non-complying Entities. EWEB shall deem an Offer non-responsive if it is received from a

Person that fails to comply with this rule and shall reject the Offer as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

Bidder is in compliance with the requirements of and is registered and bonded with the State of Oregon Construction Contractor's Board or Landscape Contractors Board as follows:

Registration classification:

Registration No.: Expiration Date:

D. RESPONSIBILITY:

Prior to awarding a Public Improvement Contract, EWEB shall determine whether the lowest Responsible bidder meets the standards of Responsibility, as defined in ORS 279C.375.

E. BIDDER RESIDENCY INFORMATION:

ORS 279A.120 states, "For the purposes of awarding a public contract, a contracting agency shall":

o Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and o 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.

“Resident bidder” means a bidder that has paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid, has a business address in this state, and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

“Non-resident Bidder” means a Bidder who is not a “resident Bidder” as defined above

1. CHECK ONE: Bidder is a ( ) RESIDENT Bidder ( ) NON-RESIDENT Bidder.

2. If resident bidder, enter your Oregon business address: (physical and mailing address)

3. If a non-resident bidder, enter state of residency:

4. If a non-resident bidder, do you or your company receive, or are you or your company eligible for any preference in award of contracts with your state’s government or with other governmental bodies in your state?

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

If YES, but not a percentage of bid price, describe the preference:

If YES, state the law or regulation that allows the preference described (legal citation):

F. ASSURANCES:

1. The Bidder hereby offers to furnish all labor, equipment, materials, and to perform all work, as bid, in strict accordance with all requirements of the above named project.

2. The Bidder certifies that Bidder has read, understands, and will comply with the drug testing requirements set forth in Section 00430-B.

3. Bidder acknowledges and agrees that, if this contract is for a Public Work subject to ORS

279C.800 to 279C.870, Bidder will comply with ORS 279C.840, as applicable.

4. Bidder certifies that all statements in the bid are true.

5. Bidder understands that this offer shall be subject to acceptance for ninety (90) calendar days from date of opening; thereafter it may be withdrawn.

G. NON-COLLUSION: ORS 279A.010 and 279A.990 By signing and submitting a bid, bidder certifies that:

1. Bidder has arrived at the specifics of the bid, including price and amounts, independently and without communication or agreement with another bidder, except as disclosed in a separately attached statement;

2. The bidder is not submitting the bid in the interest of or on behalf of any undisclosed person;

3. The bidder has not directly or indirectly induced or solicited another bidder, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid;

4. The bidder has not directly or indirectly disclosed the bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another bidder;

5. The bidder has not sought through communication or agreement with a person to fix the bid price of the bidder or another bidder, to fix an overhead, profit or cost element of the bid price of the bidder or another bidder or to secure any advantage against the contracting agency or any other person interested in the public contract;

6. The bidder has not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham bid;

7. The bid is genuine and not collusive or a sham.

H. ACKNOWLEDGMENTS:

1. The Bidder declares that he/she has carefully examined the terms of this Contract and has personally inspected and is satisfied with conditions at the Project site.

2. The Bidder hereby states that he/she shall abide by the provisions of ORS 279C.830(1) relating to

Prevailing Wages Rates.

3. A bid bond, performance bond, and payment bond are required. The Bidder encloses with this bid acceptable security in the amount of ten percent (10%) of the total amount of the bid, made payable to the Owner. The bid security shall be forfeited as liquidated damages if bid is accepted by Owner and Bidder fails to execute the Contract, provide the performance and payment bonds in the amount of 100% of the total amount of the bid, and provide the required evidence of insurance, as described below (Section 00700), within the time allowed.

4. Bidder further agrees:

To start work after receipt from the Owner of Notice to Proceed; to prosecute the work with diligence to its completion date.

5. Pricing

To accept payment for the unit price work performed under the Contract per the Bid Tables following, with a Not-To-Exceed of the total of all lines in each Bid Table.

Instructions:

a. Bidders may complete either Bid Table A or Bid Table B or both.

b. The Contract will be awarded to the lowest Bidder of EACH table. This bid can potentially result in two low Bidders and two resultant Contracts.

c. Quantities shown indicate an estimate of the amount of the described work anticipated

OVER THE LIFE OF THE CONTRACT (intended to be 5 years).

d. A typical project size is listed for Bidders’ reference only. It does not reflect an amount or size of guaranteed work. Please bid using estimated quantities.

e. For items referencing inches or feet, please refer to the specifications for more detailed information regarding each line on the bid tables. (Section 01010 Summary of Work

(1.16(A)(3) Concrete Cutting.

BID TABLES

Company Name: ________________________________

Abbreviations: CF=Cubic Foot; SF = Square Foot; LF = Linear Foot

GROUP A - MOST FREQUENTLY NEEDED SERVICES (under 100 ft2)

Item No.

Description of Work Unit Typical Project Size

Estimated Quantity

Unit Price Extended Price

1 Removal of Cold Patch & Crushed Rock (6"- 9" typical) CY 2 225

2 Removal of Existing Concrete (4" -7" typical) CY 1 110

3 Concrete Cutting Inch- Ft 80 10000

4 Residential Sidewalk (4” Depth) SF 50 6700

5 Residential Driveways (5” typical Depth) CY 1 55

6 Commercial Sidewalks and Driveways (7” typical Depth) CY 2 55

7 ADA Ramps (4” Depth) SF 200 4500

8 Truncated Dome Panels SF 20 550

Curb and Gutter Replacement (13” depth, dowels not included)

LF 3 1100

5’ Wide Curb and Gutter Replacement (6” depth) – dowels not included

LF 3 225

11 Standard Curb (vertical curb), Dowels not included LF 3 225

12 Dowels EA 2 550

13 Reinforcing lb 20 1100

14 Plain Concrete Pavement CY 1 30

Additional Cost for High Early Strength Concrete (4000 psi in 24 hours)

CY 10 35

GROUP A SUBTOTAL:

Company Name: ________________________________

Abbreviations: CF=Cubic Foot; SF = Square Foot; LF = Linear Foot

GROUP B – LARGE PROJECTS (GREATER THAN 100 FT)

Item No.

Description of Work Unit Typical Project Size

Estimated Quantity

Unit Price

Extended Price

1 Removal of Cold Patch & Crushed Rock (6"- 9" typical) CY 1500 135

2 Removal of Existing Concrete (4" -7" typical) CY 500 135

Concrete Cutting

Inch -Ft

4600 10225

4 Residential Sidewalk (4” Depth) SF 750 1675

5 Residential Driveways (5” typical Depth) CY 2 5

6 Commercial Sidewalks and Driveways (7” typical Depth) CY 2 5

7 ADA Ramps (4” Depth) SF 100 225

8 Truncated Dome Panels SF 20 45

9 Curb and Gutter Replacement (13” depth, dowels not included) LF 90 135

10 5’ Wide Curb and Gutter Replacement (6” depth) – dowels not included

LF 30 70

11 Standard Curb (vertical curb), Dowels not included

LF 30 70

12 Dowels EA 110 245

13 Reinforcing lb 668 1335

14 Plain Concrete Pavement CY 100 110

15 Additional Cost for High Early Strength Concrete (4000 psi in 24 hours) CY 5 10

GROUP B SUB-TOTAL $

6. EWEB is an Equal Employment Opportunity and Affirmative Action employer and requires Contractors and their sub-contractors to follow EEO/AA practices in their performance of this Contract.

7. MWESB STATUS: EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

MWESB Certified? (Indicate Yes or No) _______

If yes, please indicate which of the following applies: ______________________________

Minority Owned, Woman Owned, Emerging Small Business, or Veteran Owned

8. Contacts

a. Bidder’s Project Manager – Contact Information

Name:

Email:

Phone:

b. Staff Member in charge of bid response – Contact Information

Name:

Email:

Phone:

If awarded, the Contractor represents and warrants to the Owner that Contractor has the power and authority to enter into and perform this Contract, and that this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms. Contractor further warrants that the work of this Contract shall be performed in good and workmanlike manner, and that Contractor shall, at all times, be qualified, competent and current with any necessary licenses to perform work set forth in this Contract.

EUGENE WATER & ELECTRIC BOARD CONTRACTOR

Contract Administrator - Signature Company Name

Contract Administrator Name - Print Signed

Executive Manager - Signature Name and Title (Print or Type)

Executive Manager Name - Print Office Address

Purchasing Supervisor – Signature Office Phone

Purchasing Supervisor Name - Print Date Signed

Date Signed and Executed

End of Section 00400

Eugene Water & Electric Board Section 00430

Drug Testing Program Requirements for Public Improvement Contracts

The Contractor, by signature on this contract, certifies to EWEB the following:

1. That the Contractor has a drug-testing program in place for its employees that includes, at a minimum, the following:

a. A written employee drug-testing policy;

b. Required drug testing for all new Subject Employees, or, alternatively, required testing of all Subject Employees, every six (6) months, on a random selection basis;

c. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs; and

d. Required testing of a Subject Employee who is involved in:

(i) an accident causing an injury requiring treatment by a physician, or

(ii) an incident resulting in damage to property or equipment.

A drug-testing program that meets the above requirements will be deemed a “Qualifying Employee Drug-Testing Program.” For the purposes of this rule, an employee is a “Subject Employee" only if that employee will be working on the Project job site.

2. Contractor shall represent and warrant to EWEB that the Qualifying Employee Drug-Testing Program is in place at the time of the Contract execution, and will continue in full force and effect for the duration of the Contract. Further, EWEB’s performance obligation is contingent on Contractor’s compliance with this representation and warranty.

3. That the Public Improvement Contract shall contain Contractor’s covenant requiring each subcontractor providing labor for the Project to:

a. Demonstrate to the Contractor that it has a Qualifying Employee Drug-Testing Program for the subcontractor’s Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-Testing Program is in place at the time of subcontract execution, and will continue in full force and effect for the duration of the subcontract;

Or

b. Require the subcontractor’s Subject Employees to participate in the Contractor’s Qualifying Employee Drug-Testing Program for the duration of the subcontract.

END OF SECTION 00430-B

Eugene Water & Electric Board Section 00450

Rev 10/2022 Section 00450

MINIMUM CONTRACTOR AND SPECIALTY SUB-CONTRACTORS QUALIFICATIONS

Due to the technical and specialized nature of this project, and the intent of these provisions to obtain a first-class product, only Contractors and sub-contractors experienced as required by this solicitation document are qualified to work on this project.

The submittal form for Contractor’s required qualifications listed below shall be submitted with the bid response by the bid opening due date stated on the Bid Form (00400).

Failure to provide the completed form by the required due date/time may render a bid Non-Responsive and may be grounds for rejection of the bid.

REQUIREMENTS

The following is a summary of the minimum qualifications for this project for the following positions.

(“Minimum Qualifications or “Minimum Requirements”:

CONTRACTOR

1) The awarded Contractor shall have a minimum of 10 years of experience in concrete cement restoration and replacement.

2) The Contractor’s Foreman for this Contract shall have at least 5 years of experience forming, pouring, finishing, overseeing and/or managing concrete replacement operations.

3) Contractor must be able to provide night-shift crew.

4) References - EWEB reserves the right to deem a bid non-Responsive if a reference fails to provide up-to-date contact information for each reference or non-Responsible if a reference fails to meet the Minimum Requirements for past work.

Eugene Water & Electric Board Section 00450

SUBMITTAL OF CONTRACTOR QUALIFICATIONS

(This section is to be submitted with bid response)

Bidder submits the following data and general qualifications as part of the bid and represents and guarantees the truthfulness and accuracy thereof.

1. Bid submitted by:

(Typed name of Bidder)

2. Company Information

a. Bidder has been in business continuously from the year __________.

b. Bidder has had experience in concrete cement restoration and replacement comparable to that required by the Contract documents for _____ years.

c. Bidder is: An individual __ Partnership__ Corporation__

d. Type of business ___________________________________________.

3. The awarded Contractor shall have a minimum of 10 years of experience in concrete cement restoration and replacement. Describe the company’s experience and attach supportive documents if you wish. Label/entitle the attachment “Supporting Documentation of Minimum Requirements.”

4. The Contractor’s Foreman for this Contract shall have at least 5 years of experience forming, pouring, finishing, overseeing and/or managing concrete replacement operations. Describe the proposed Foreman’s experience and attach resume. Label/entitle the attachment “Supporting Documentation of Minimum Requirements.”

5. The Contractor must be able to provide night shift crew. Please describe capabilities and any additional information regarding the provision of night shift crew.

6. Contractor will provide 3 client references for work similar to that described in Section 01010 Summary of Work.

A. Company/Business Name _____________________________________________________

Office Location (City and State):_________________________________________________

Contact Person/Title (if known): ______________________________________________________

Email Address: ____________________________________________

Phone Number: ____________________________________________

Eugene Water & Electric Board Section 00450

B. Company/Business Name _____________________________________________________

Office Location (City and State):_________________________________________________

Contact Person/Title (if known): ______________________________________________________

C. Company/Business Name _____________________________________________________

Office Location (City and State):_________________________________________________

Contact Person/Title (if known): ______________________________________________________

End of Section 00450

Eugene Water & Electric Board Section 00610

EUGENE WATER & ELECTRIC BOARD

BID BOND

WE, , as Principal, (Contractor Name) and , an (Name of Surety) corporation, authorized to transact business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Eugene Water & Electric Board the sum of

($ ) dollars.

WHEREAS, a proposal or bid is submitted to Eugene Water & Electric Board by the Principal for the purpose of furnishing the following goods or services:

The proposal or bid is made a part of this bid bond by reference.

NOW, THEREFORE, in accordance with ORS 279C.365 (5) for bids and 279C.400 (5) for proposals, if the proposal or bid submitted by the Principal is accepted, and if a Contract pursuant to the proposal or bid is awarded to said Principal, and if the Principal enters into and executes such Contract and furnishes any performance and payment bonds required by Eugene Water & Electric Board within the time fixed, then this obligation shall be void; otherwise, it shall remain in full force and effect. If the proposal or bid is not accepted, then the bid bond will be returned or voided, in accordance with ORS 279C.385.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives.

Dated this day of , 20 .

SURETY:

Name of Surety

Surety Address

Attorney in Fact (signature)

PRINCIPAL /CONTRACTOR:

Representative's Signature

Representative's Name and Title (print)

Representative's Office Address

Attorney in Fact - Name (print) Representative's Phone / Email

Attorney in Fact - Phone / Email

BONDING COMPANY / BROKER

Company Name

Office Address

Office Phone

PERFORMANCE BOND AND PAYMENT BOND

For the purpose of complying with Chapter 279C.380 of Oregon Revised Statutes, Contractor (identified as "Principal" in the bond forms below) shall provide performance and payment bonds, each in a sum equal to the full contract price.

The state that the Surety is incorporated in will be inserted in the field preceding "corporation, authorized to transact business in Oregon…"

After "WHEREAS, the Principal has agreed to perform that Contract as summarized below", the title of the Project will be inserted.

An Attorney-in-Fact, having power of attorney to sign for the Surety company, whose authority and documentation shall be attached and incorporated by reference, must sign the performance and payment bonds. The Surety's seal must be affixed to each bond. Power of Attorney for the Attorney-in-Fact must also be attached to each bond. The original bond documents must be supplied to the Owner prior to final execution of the Contract and commencement of work.

Contractor shall promptly notify the Surety company of any changes to the Contract that impact time allowed for completion and/or an increase to the total compensation of the Contract.

EUGENE WATER & ELECTRIC BOARD

PERFORMANCE BOND

We _____ , as Principal (Name of Contractor or "Principal ") and , (Name of Surety) a(n) corporation, authorized to transact business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Eugene Water & Electric Board the sum of

(Penal Sum of Bond)

WHEREAS, the Principal has entered into a Contract with Eugene Water & Electric Board, the specifications, terms and conditions of which are contained in Invitation to Bid/Request for Proposal No. ; and

WHEREAS, that Contract is made a part of this performance bond by reference; and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the certain terms, conditions, requirements, plans and specifications which are set forth in said Contract, and all authorized modifications of the Contract which increase the amount of the work and the amount of the Contract, notice of any such modifications hereby being waived by the Surety; and

WHEREAS, the Principal has agreed to perform that Contract as summarized below:

_____ ________ for Eugene Water & Electric Board in strict accordance with the specifications contained in the Invitation to Bid/Request for Proposal.

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH THAT, if the Principal shall faithfully perform all matters and things as agreed under the Contract within the time prescribed therein, including the conditions listed in ORS 279C.500 to 279C.545, and shall indemnify, defend and save harmless Eugene Water & Electric Board, and their officers, employees and agents against any claim or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said Contract by the said Principal or its Subcontractors; and shall do all things required of the Principal by the laws of the state of Oregon, then this obligation shall be void; otherwise, it shall remain in full force and effect. In no event shall the bond be released or voided until all claims accruing during the course of the warranty period of the Contract have been fully resolved and warranty period concluded, or until the full amount of the surety obligation is exhausted, whichever comes first.

SURETY agrees (1) that any extension of time allowed said Principal for completion of work or for delivery under the said Contract shall not impair this obligation or reduce any period of maintenance or warranty provided in said Contract; (2) that any change made in the terms or provisions of said Contract increasing the price to be paid to Principal, without notice to the SURETY shall not impair this obligation, PROVIDED that all such increases shall not in aggregate exceed twenty-five…