PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 1 OF 45

PROJECT DOCUMENTS

2024 SILVERTON STREET OVERLAYS

PROJECT NO: PN24‐1096

DATE OF ISSUANCE: May 21, 2024

PROJECT TYPE: Public Works Capital

BIDS DUE BY: June 4, 2024, 2:00 p.m. local

CITY PROJECT MANAGER: Mike Dahlberg, Public Works Operations Manager

PM CONTACT INFORMATION: mdahlberg@silverton.or.us , 503‐874‐2209

CITY OF SILVERTON

Public Works Department 306 South Water Street Silverton, Oregon 97381

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TABLE OF CONTENTS

Section Title Page Number

SECTION 1 INVITATION TO BID 3

SECTION 2 INSTRUCTIONS TO BIDDERS 6

SECTION 3 BID FORM 12

SECTION 4 BID BOND 25

SECTION 5 AGREEMENT 26

SECTION 6 PERFORMANCE BOND, PAYMENT BOND 34

SECTION 7 CERTIFICATE OF INSURANCE 41

SECTION 8 BOLI 42

SECTION 9 SPECIAL PROVISIONS 43

SECTION 10 DRAWINGS 45

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SECTION 1 INVITATION TO BID

I. INVITATION TO BID

The City of Silverton is seeking bids to complete an asphalt pavement grind and overlay project on multiple City owned roadways. Two roadways are currently asphalt (Silver Loop, High Streets). These 2 roadways will have the project scope of 2” grind and inlay full width of roadway. Silver Loop St is 1130 feet long, while High St is 544 feet long. There will be 2 ADA ramps that will need to be installed with some additional curbline work. Adams St is currently concrete surfaced and will require multiple locations of concrete removal with roadway base installation in these locations per PWSD. Adams St will require a leveling lift with a 2” overlay.

Adams St will require the contractor to excavate 10 feet on each end of the concrete roadways so the overlay pavement can blend in with the existing.

II. SCHEDULE

Documents Available May 21, 2024 Bids Due June 4, 2024 2PM PST Anticipated Notice of Award July 3, 2024 Project Completion September 30, 2024

NOTE: The City reserves the right to modify this schedule at the City’s discretion. Proper notification of changes will be made to all interested parties via the City’s website www.silverton.or.us.

III. CONTRACTOR RESPONSIBILITIES AND DUTIES

All Bidders must be qualified and licensed to provide the goods and construction services requested in this document. Bidders shall have provided products and services similar to those listed in Scope of Work section for commercial and/or municipal customers. Bidders are required to submit documentation as outlined in this document, related to their ability to provide quality products and services for the identified Scope of Work.

IV. BID REQUIREMENTS AND SELECTION PROCESS

Pre‐Bid Site Visit There will not be a pre‐bid site visit for this project. All areas of the project are public right‐of‐way that can be visited by contractors on their own. The City has marked in white paint the overlay project limits.

Pre‐Submission Questions All questions related to the project must be directed to the Project Manager no later than May 28, 2024 at 2:00 p.m. Questions must be submitted via e‐mail to mdahlberg@silverton.or.us

Contact with City Staff The City’s Project Manager is Mike Dahlberg and may be contacted at mdahlberg@silverton.or.us , or 503‐ 874‐2209. Communicating with other City staff or authority for information other than the Project Manager or assigned Designee may result in disqualification of bid.

Addenda Addenda are incorporated with the original solicitation as an attachment and can be viewed and downloaded

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 4 OF 45 by registered suppliers. Bidders should consult the City of Silverton website, www.silverton.or.us, regularly until closing to avoid missing any Addenda.

Bid Withdrawal Any bid may be withdrawn at any time before the “Bids Due” date and time specified in the Schedule, by providing written request for the withdrawal of the bid to the City. The request shall be executed by a duly authorized representative of the firm. Withdrawal of a bid will not prejudice the right of the Bidder to file a new bid.

Bid Content Requirements Bids must be sealed and identified per the “Bid Submission” requirements. Please list any bid content requirements i.e. list of previous jobs, cover letter, using an attached bid form, etc.

Bid Submission Bids shall be delivered by email, mail (prior to bid closing date and time) or hand carried. Bids may be emailed to mdahlberg@silverton.or.us

Bids for 2024 Silverton Overlay, PN24‐1096 City of Silverton 306 S. Water St.

Silverton, OR 97381

The City shall not be responsible for the proper handling of any proposal not properly identified, marked and submitted in a timely manner. Proposals received after the date/time for Closing will not be considered for award.

The City will do the bid opening at the Silverton City Hall on June 4, 2024 at 2:00 PM located at 306 S Water Street, Silverton, OR 97381.

V. GENERAL INFORMATION

Public Records

This bid will be made a part of a file open to public inspection. If a bid contains any information that is considered a trade secret under ORS 192.501(2), each sheet of such information must be marked with the following legend:

“This data constitutes a trade secret and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

Nondisclosure of documents or any portion of a document submitted as part of a bid may depend upon official or judicial determinations made pursuant to the Oregon Public Records Law. The above restriction may not include cost or price information, which must be open to public inspection.

Identifying the bid in whole as a trade secret is not acceptable. Failure to identify a portion of the bid as a trade secret shall be deemed a waiver of any future claim of that information as a trade secret.

Reimbursement

All costs for bids and interviews to secure this project are the Bidder’s responsibility.

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Contract Award

The City will award a contract to the Bidder whose bid would be most advantageous to the City. The selected Bidder will be required to assume responsibility for all services outlined in the ITB, whether the Bidder or a representative of the Bidder produces them. The City considers the selected Bidder responsible for any and all contractual matters. The successful Bidder shall be required to execute a Public Works Contract. An example is in Section 5.

VI. SCOPE OF WORK

Project Completion Date The project must be completed no later than September 30, 2024, unless otherwise agreed upon, in writing, by the City and the Successful Bidder.

Examination of Contract Documents and Project Site Project Site is located at several downtown streets in Silverton, Oregon, 97381. Each Bidder is solely responsible for all of the Invitation to Bid documents and the examination of the Project Site prior to submittal of bid. Documents are available for download on the City of Silverton website, www.silverton.or.us, or for viewing by appointment only by contacting the Public Works Coordinator at 503‐874‐2206.

City obligations under this contract include:

1. Contract and Project Management services including all inspections.

Contractor Project Scope:

1. Grind street area to be overlayed 2” per contract documents.

2. Crack seal pavement area and place geotextile fabric over the 24’ of travel lane area.

3. Place 2” or 3” of hot mix asphalt on overlay area per contract documents.

4. Contractor will complete and pay for asphalt density testing during paving.

Warranty:

Successful Bidder shall warranty product to be free from defects due to poor craftsmanship or materials for a minimum of one (1) year, or the duration of the Vendor’s standard warranty, whichever is greater. The Vendor’s craftsmanship warranty is in addition to any material warranty provided by manufacturer of materials used in construction. All warranty work will be provided without transportation charges.

Warranty period begins after project goods are accepted by the City.

Bonds and Insurance The Bidder shall furnish performance and payment bonds, each in an amount at least equal to 100 percent (100%) of the contract price as security for the faithful performance and payment of all Bidder obligations.

These bonds shall remain In effect at least one year after the date when final payment is due. The Bidder shall deliver to the City certificates of insurance as specified in Section 7. The City including respective agents, officers and employees shall be named additional insured.

References The Bidder shall furnish at least three (3) references of comparable and previously completed projects, including the project owner’s name and phone number.

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SECTION 2 ‐INSTRUCTIONS TO BIDDERS

2.1 BIDDER'S QUALIFICATIONS:

No bids for construction contracts shall be received or considered by the City unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530.

The Contractor shall have a public work bond filed with the Construction Contractors Board prior to starting work on the project, in accordance with ORS 279C.830. Additionally, the Contractor shall include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work, in accordance with ORS 279C.830, and submit it to the City for proof of Bonding.

2.2 EXAMINATION OF THE CONTRACT DOCUMENTS AND WORK SITE:

Bidders should carefully examine the bid and contract documents and familiarize themselves with the work site to fully acquaint themselves with all the conditions and matters which can in any way affect the work or the cost thereof.

Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings, plans, addenda (if any), any tests and/or reports, and all other Contract Documents. The submission of a bid shall constitute an acknowledgment upon which the City may rely, that the bidder is experienced in the uses and interpretation of plans and specifications such as those included in the Contract Documents and has thoroughly examined and is familiar with the Contract Documents.

The failure or neglect of a bidder to receive or examine any of the Contract Documents, perform site investigations and/or other investigations or examinations shall in no way relieve the bidder from any obligations with respect to the bid or the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents or existing site conditions.

All questions about the meaning or intent of the Bidding Documents are to be submitted to the Project Manager, listed in the Invitation to Bid, in writing. Interpretations or clarifications considered necessary by the Project Manager in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2.3 CONTRACTOR'S RESPONSIBILITY:

It is understood that the specifications and other contract documents do not purport to control the method of performing the work, but only the requirements as to the nature of the completed work.

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The Contractor assumes the entire responsibility for the method of performing and installing the work. Suggestions as to the method included in the contract documents shall be deemed advisory only and the feasibility of such methods or the lack thereof shall not affect the Contractor's liability or status as an independent Contractor to complete the work under this contract.

2.4 LAWS AND REGULATIONS:

The bidder is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work, and no plea of misunderstanding will be considered on account of ignorance thereof. If the bidder shall discover any provision in these specifications, plans or contract documents which is contrary to or inconsistent with any law or regulations, he or she shall report it to the City in writing.

2.5 WAGE RATES:

The Contractor shall pay the existing rate of wage which may be paid to workers in each trade or occupation required for such public work employed in the performance of the contract either by the Contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract, and such workers shall be paid not less than the specified minimum hourly rate of wage as set forth in the latest applicable edition of the Prevailing Wage Rates for Public Works in accordance with ORS 279C.838 and 279C.840.

2.6 CONTRACT TIMES:

The number of days within which, or the dates by which, milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

2.7 LIQUIDATED DAMAGES:

Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

2.8 BID SECURITY:

Bid security shall be submitted with the Bid Proposal and failure to submit shall be cause for rejection of the bid. The bidder, at his or her option, shall furnish a bid bond, cashier's check or a certified check made to the City of Silverton for an amount equal to no less than ten (10) percent of the total amount of the bid. Security deposited by unsuccessful bidders will be returned as soon as practicable after the bid opening. Said bonds shall be in the form herein prescribed or approved substitute form and shall be the surety bonds of an incorporated surety company licensed to transact surety business in the State of Oregon, and said bonds shall be in all respects satisfactory and acceptable to ORS 279.C.365(5).

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2.9 PREPARATION OF BIDS:

Bidders must submit their proposals on the Bid Form attached hereto. The blank spaces in the proposal must be filled in correctly where indicated for each and every item for which a quantity is given, and the bidders must state the unit prices, typed or written in ink. Any correction to entries made on the proposal forms shall be initialed by the person signing the proposal. In case of discrepancy between the unit prices and amounts, the unit prices will govern.

Alternative bids will not be considered unless specifically called for. Bids must be mailed, or hand delivered to City Hall (306 S Water Street, Silverton, OR 97381).

Each bidder represents that their bid is based upon the specific material installation and equipment requirements, described in the Bidding Documents.

No substitutions will be considered unless a written request has been submitted to the Project Manager for approval prior to the closing date for bids. Each such request shall include a complete description of the proposed substitute, and any other data or information necessary for a complete evaluation. Substitutions will be accepted only with the understanding that the supplier guarantees substituted material or equipment to be equal or better than that specified and meets all requirements of the Specifications.

Accepted substitutes will be listed in addenda mailed or delivered to each person or firm recorded by the Project Manager as having received the Bidding Documents and will be available for inspection at the City of Silverton, City Hall 306 S. Water St. Silverton, OR 97381.

2.10 SPECIFICATION LIMITING COMPETITION:

Bidders may comment on any specification or requirement contained within this Bid which they feel limits competition in the selection of a bid to perform the services herein defined. Protests shall detail the reasons and any proposed changes to the specifications. Such comments shall be formal in writing and are to be addressed to Mike Dahlberg, Public Works Operations Manager, at mdahlberg@silverton.or.us .

Such comments shall be submitted no later than 3 days before the bid date. No comments will be accepted after that time. Any substitutions for items specified will not be accepted without prior written approval of the Project Manager.

2.11 PROTEST OF AWARD.

The Notice of Intent to Award by the City of Silverton shall constitute a final decision of the City to award the contract if no written protest of the award is filed with the City Project Manager within three (3) working days of issuing the Notice of Intent to Award. If a protest is timely filed, the Notice of Intent to Award is a final decision of the City only upon issuance of a written decision denying the protest and affirming the award. The Notice of Intent to Award and any written decision denying

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 9 OF 45 protest shall be sent to every bidder who provided an address.

2.12 RIGHT TO PROTEST.

Any actual bidder who is adversely affected or aggrieved by the City's Notice of Intent to Award to another bidder on the same solicitation shall have three (3) working days after Notice of Intent to Award to submit to the City Project Manager a written protest of the award. The written protest shall specify the grounds upon which the protest is based. In order to be an adversely affected or aggrieved bidder with a right to submit a written protest, a bidder must be next in line for award, i.e. the protester must claim that all higher rated bidders are ineligible for award because they are non‐responsive or non‐responsible. The City will not entertain protests submitted after the time period established in this rule.

2.13 SUBMISSION OF BIDS:

Bids must be submitted at the time and location shown on the Invitation to Bid to Silverton City Hall (306 S. Water Street, Silverton, OR 97381). All forms required to be submitted are provided.

2.14 BASIS OF BID:

Bidders shall submit a Bid for each item of Work listed in the Schedule of Values in the Bid Form.

2.15 SUBCONTRACTORS:

When the contract value for a public improvement is greater than $100,000, bidders are required to disclose information about first‐tier subcontractors who will furnish labor or labor and materials (see ORS 279C.370).

Within two working hours of the date and time of the deadline when the bids are due to the City for a public improvement, the bidder shall submit to the City a disclosure of the first‐tier subcontractors that (A) will be furnishing labor, or will be furnishing labor and materials in connection with the public improvement, and (B) will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater; or $350,000, regardless of the percentage of the total project bid. The disclosure of first‐tier subcontractors shall include the name of each subcontractor, the category of work that each subcontractor will perform, and the dollar value of each subcontract. See the form provided in Section 3.

The City shall consider the bid of any contractor that does not submit a subcontractor disclosure to the City to be a nonresponsive bid and may not award the contract to the contractor. The City is not required to determine the accuracy or the completeness of the subcontractor disclosure.

2.16 RECEIPT AND OPENING OF BIDS:

Bids shall be submitted prior to the time fixed in the Invitation to Bid. Bids received after the time designated will be considered late bids and will be returned unopened. No responsibility will be attached to any official of the City for the premature opening of, or the failure to open, a bid not

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 10 OF 45 properly addressed and identified.

2.17 WITHDRAWAL OF BIDS:

A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid and submit a new Bid prior to the date and time for the opening of Bids.

If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

2.18 PRESENCE OF BIDDERS AT OPENING:

At the time and place fixed for opening of bids, the contents of all bids will be made public for the information of all bidders and other interested parties who may be present in person, electronically, or by representative.

2.19 BIDDERS INTERESTED IN MORE THAN ONE BID:

If more than one bid is offered by one party, or by any person or persons representing a party, all such bids shall be rejected. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a direct bid on his or her own behalf.

2.20 AWARD OF CONTRACT:

The contract will be awarded as soon as practicable to the lowest responsive, responsible bidder, price and other factors considered, provided the bid is reasonable and it is to the interest of the City. Award will be made to one bidder and one bidder only.

Contractor or individuals awarded a contract shall provide the City with a correct Department of the Treasury Internal Revenue Service Tax Identification Number (TIN). In the event that the TIN is incorrect or inconsistent with the Contractor's name as described in this contract, the City may withhold taxes as required by law, or cancel or suspend further services under this contract, at the City's option, until the discrepancy is corrected.

The acceptance of a bid shall bind the successful bidder to execute the contract.

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2.21 REJECTION OF BIDS:

The City reserves the right to reject any and all bids. Bids may be rejected if they show any alteration of form, admissions not called for, conditions or alternate bids, irregularities of any kind, or that they contain a clause in which the bidder reserves the right to accept or reject a contract awarded to him except as herein provided, or if they do not comply with prescribed public contracting procedures and requirements including the requirement to demonstrate the bidders responsibility under ORS 279C.375(3)(b). Bids in which the prices are obviously unbalanced may be rejected.

The City reserves the right to waive any informality in bids received when such waiver is in the interest of the City.

2.22 SURETY BOND:

To guarantee the faithful performance of the contract, the successful bidder will be required to furnish a performance bond and a payment bond in an amount equal to the full amount of the contract as amended. Said bonds shall be in the form herein prescribed or approved substitute form and shall be the surety bonds of an incorporated surety company licensed to transact surety business in the State of Oregon and said bonds shall be in all respects satisfactory and acceptable to

ORS 279C.380.

The Contractor also agrees that at the completion of the project and prior to received final acceptance by the City, the Contractor shall provide the City with a Warranty Bond in the amount of 15% of the contracted amount, which covers any defects in either materials or workmanship, for a period of two year from the date of acceptance.

2.23 EXECUTION OF THE CONTRACT:

The successful bidder shall, within ten calendar days from the date of receiving from the City the contract prepared and ready for execution, furnish the City the corporate surety bonds specified herein and enter into contract with the City. If the successful bidder fails to comply with any of the requirements herein, the City may, at its option, determine that the bidder has abandoned the contract and there upon the security accompanying this proposal shall be forfeited and the same shall become the property of the City.

2.24 ENVIRONMENTAL AND NATURAL RESOURCES LAWS

In compliance with ORS 279C.525, lists of federal, state and local agencies of which the City has knowledge that have enacted ordinances or regulations relating to environmental pollution and the preservation of natural resources that may affect the performance of the Contract are listed in the 2021 Oregon Department of Transportation Standard Specifications for Construction, Section 00170.01.

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SECTION 3 ‐ BID FORM

Submitted by:

Address:

Date: Phone number:

Contractor Contact E‐mail Address:

Federal Tax I.D. Number or Social Security Number

The undersigned, as a bidder, declares that he has carefully examined the location of the worksites, that he is aware of the general nature of the work, that he has examined the General and Supplemental Conditions, Special Provisions, Supplemental Special Provisions, Plans and Drawings, read the Instructions to Bidders, read and understood any reports, tests, or addenda that accompany this bid, and hereby proposes to furnish all materials and equipment and do all the work required to complete the project entitled 2024 Silverton Overlay in accordance with the said Specifications herein for the bid prices set forth in the Schedule of Values attached hereto in this form and forming a part of this proposal.

The Bidder hereby acknowledges the receipt of the following addenda:

Addendum No. Addendum Date

This proposal is accompanied by a certified check, cashier's check or bid bond in the amount of 10% of the total bid.

The Bidder, by his signature below, certifies that he is qualified to perform the work and hereby represents as follows:

A. That no Councilor, officer, agency or employee of the City of Silverton is personally interested directly or indirectly in this contract or the compensation to be paid hereunder, and that no representation, statement or statements, oral or in writing, of the City, its Councilors, officers, agents, or employees had induced him to enter into this contract and the papers made a part hereof by its terms.

B. That this bid is made without connection with any person, firm or corporation making a bid for the same material, and is in all respects, fair and without collusion or fraud.

C. That the provisions required by ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 3141 et seq.

relating to Prevailing Wage Rates shall be complied with.

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D. In the event the Bidder is awarded the contract and shall fail to complete the work within the time frame specified, including extensions granted, liquidated damages and engineering expenses shall be paid to the City as outlined in section 00180.85 of the Supplemental Conditions for each day of delay in the completion of the work.

E. Contractor shall not perform any work under this contract until all bonding and insurance requirements have been met and a Notice to Proceed has been issued.

F. I, the undersigned, agree to be bound by the form of agreement and all remaining contract documents, including Instructions to Bidders; Standard Terms and Conditions; Special conditions;

Federal Provisions, if applicable; plans and specifications.

G. Upon receiving notice to proceed from the City, the Contractor shall meet with the City assigned Project Manager for a preconstruction conference at a time mutually agreed upon. At this conference the Contractor shall furnish the Project Manager with a proposed schedule of work, as well as any other required submittals.

H. Contractor shall not perform any work under this contract until the Contractor and every subcontractor has a public works bond filed with the Construction Contractors Board in accordance with ORS279C.830 and all other bonding and insurance requirements have been met and a Notice to Proceed has been issued.

I. I, the undersigned, certify that the Bidder holds current licenses that businesses or services professionals operating in this state must hold in order to undertake or perform the work specified in these contract documents.

J. I, the undersigned, certify that the Bidder is covered by liability insurance and other insurance in the amount(s) required by the Agreement.

K. I, the undersigned, certify that the Bidder qualifies as a carrier insured employer or a self‐ insured employer under ORS 656.407 or has elected coverage under ORS 656.128.

L. I, the undersigned, certify that the Bidder is legally qualified to contract with the City of Silverton.

M. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

N. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.

• “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

• “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 14 OF 45 the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non‐ competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

• “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non‐ competitive levels; and

• “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Specific Bidder Instructions

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

Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 ‐ 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage (BOLI) shall be included in the Agreement, the undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840.

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

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

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

E. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder's registration number is stated below. Bidder understands that failure to have a current LCB license shall result in rejection of this bid.

F. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the check boxes below.

Contractor shall check applicable box:

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[ ] Resident Bidder, as defined in ORS 279A.120 [ ] Non‐Resident Bidder, Resident State:

G. The undersigned confirms that the Bidder has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract in accordance with OAR 13 ‐049‐02.001 (c)(B). The undersigned represents him/her self in this bid to have a drug testing program in place at the time of bid by completing the check box below.

Contractor shall check if in compliance:

[ ] Drug Testing Requirement, as defined in ORS 279C.505

H. If the contract is for a public works project, subject to ORS 279C.800, 279C.870 and, no bid will be received or considered by the public contracting agency unless the box below is checked, certifying that the Bidder complies with the provisions of ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 3141 et seq.

Contractor shall check if in compliance:

[ ] The Bidder certifies that the provisions of ORS 279C.800 through ORS 279C.870.

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

J. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. Whether a Bidder is responsible will be determined by ORS 279C.375 and the City's review following the requirements laid out in Section 2.20 of the Instructions to Bidders, and that the Bidder has supplied all the required attachments listed in the “Attachments to this Bid” section listed on page 6 of the Bid Form.

K. Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment on or before the dates or within the number of calendar days indicated in the Agreement.

The Bidder further proposes to accept the following amount as full payment for the work proposed herein to complete the project and agrees that the price represents a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type of work called for in these Contract Documents. The total amount shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.

If the Bidder is awarded a Contract on this proposal, the surety who will provide the Performance Bond will be whose address is .

BASE BID SCHEDULE OF VALUES – 2024 Silverton Overlay, PN24‐1096, Silver Loop Street Work

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ITEM ODOT SPEC QNTY UNIT UNIT PRICE TOTAL PRICE

1. Mobilization 00210 1 LS $ $

2.

Temporary Work Zone Traffic Control, Complete

00221 1 LS $ $

3.

Cold Plane Pavement Removal, 2” Deep

00620 & 00622

8,538 SY $ $

4. Pavement Overlay Geotextile 00350 4,269 SY $ $

5. Level 3, ½ inch ACP Mixture 00744 540 TON $ $

6.

Level 3, ½ inch ACP Mixture in Leveling

00744 10 Tons $ $

Silver Loop BASE BID TOTAL: $

BASE BID SCHEDULE OF VALUES – 2024 Silverton Overlay, PN24‐1096, Adams Street Work

2.

Temporary Work Zone Traffic Control, Complete

00221 1 LS $ $

3.

Excavate existing concrete sections (13 locations)

2,700 SqFt

4. ¾‐0 Rock for base 12” base 440 TON $ $

6. Asphalt Pavement Saw Cutting 00360 340 LF $ $

7. Level 3, ½ inch ACP Mixture 00744 210 TON $ $

8.

Level 3, ½ inch ACP Mixture in Leveling

00744 100 TON $ $

9. Pavement Overlay Geotextile 00350 5,060 SY

ADAMS STREET ADDITIVE BID TOTAL: $

ADDITIVE BID SCHEDULE OF VALUES – 2024 Silverton Overlay, PN24‐1096, High Street Work

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 17 OF 45

2.

Temporary Work Zone Traffic Control, Complete

00221 1 LS $ $

3. Removal of Curbs 00310 50 LF $ $

4. Removal of Walks and Driveways 00310 240 SF $ $

5.

Cold Plane Pavement Removal, 2” Deep ‐ Concrete

00620 & 00622

4570 SY $ $

6. Asphalt Pavement Saw Cutting 00360 0 LF $ $

7. Level 3, ½ inch ACP Mixture 00744 280 TON $ $

8.

Level 3, ½ inch ACP Mixture in Leveling

00744 10 TON $ $

9. Concrete Curbs 00759 50 LF $ $

10. ADA Ramps 00759 2 EA $ $

11. Truncated Domes on New Surfaces 00759 2 EA $ $

HIGH STREET ADDITIVE BID TOTAL: $

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

TOTAL BASE BID AMOUNT (Written):

TOTAL BASE AND ADDITIVE BIDS AMOUNT (Written):

Contractor's Name:

Contact Name:

Signature:

ATTACHMENTS TO THIS BID FORM

The following documents are submitted with and made a condition of this Bid:

A. Bid Security

B. Construction Contractor’s Registration

C. First‐Tier Subcontractor Disclosure Form

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 18 OF 45

D. Affidavit of Noncollusion (completed and notarized)

E. Employee Drug Testing Program (required under ORS 279C.505(2))

F. Certification of Non‐Discrimination (required under ORS 279A.110(3))

G. Contractor Project References

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 19 OF 45

CONSTRUCTION CONTRACTORS REGISTRATION

No bids for construction contracts shall be received or considered by the Agency unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. The undersigned states that the bidder is now registered with the Oregon Construction Contractors Board.

Indicate Registration Number and Expiration Date:

Workers' Comp Insurance Company:

Workers' Comp Policy/Binder Number:

The names of the principal officers of the corporation submitting this proposal; or of the partnership;

or of all persons interested in this proposal as principals; are as follows:

Name Title

Name Title

(If Sole Proprietor or Partnership) In witness hereto, the undersigned has set his (its) hand this day of June, 2024.

Name of Firm

Signature of Bidder

(If Corporation) In witness whereof the undersigned corporation has caused this instrument to be executed by its duly authorized officers this day of June, 2024.

Name of Corporation

By Title

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 20 OF 45

FIRST‐TIER SUBCONTRACTOR DISCLOSURE FORM FOR THE 2024 SILVERTON OVERLAY

BID OPENING: Date: June 4, 2024 Time: 2:00 PM PST

Failure to submit this form by the disclosure deadline will result in a non‐responsive bid. A nonresponsive bid will not be considered for award.

INSTRUCTIONS:

This form must be submitted at the location specified in the Instructions to Bidders on the advertised bid closing date, and within two working hours after the advertised bid closing time (ORS 279C.370).

Unless otherwise stated in the solicitation, this document shall not be submitted by facsimile. It is the responsibility of bidders to submit this disclosure form and any additional sheets with the project name clearly marked, at the location indicated by the specified disclosure deadline.

Subcontractor lists may be submitted with the bid in the same envelope at the bid closing date and time.

Those subcontractor lists submitted after the bid closing shall be delivered in a separate sealed envelope that clearly identifies the contents. However, the subcontractor list MUST be submitted within two (2) hours of the bid closing date and time.

List below the name of each subcontractor that will be furnishing labor, or labor and materials, for which disclosure is required, the category of work that the subcontractor will be performing, and the dollar value of the subcontract. Enter "NONE" if the value of the project bid is less than $100,000 or there are no subcontractors that need to be disclosed. ATTACH ADDITIONAL SHEETS IF

NECESSARY.

SUBCONTRACTOR DOLLAR CATEGORY

NAME VALUE OF WORK

1.

2.

3.

The above listed first‐tier subcontractor(s) are providing labor, or labor and material, with a Dollar Value equal to or greater than:

a) 5% of the total Contract Price, but at least $15,000. [If the Dollar Value is less than

$15,000 do not list the subcontractor above.] or

b) $350,000 regardless of the percentage of the total Contract Price.

Form Submitted By (Bidder):

Bidder Signature: Phone #

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 21 OF 45

AFFIDAVIT OF NONCOLLUSION

(for Standard Public Improvement Contracts)

TO: City of Silverton

PROJECT NAME: 2024 Silverton Overlay

KNOW ALL PERSONS BY THESE PRESENTS, that, Name of Contractor as a Bidder on the above‐named public improvement project, does hereby certify that no officer, agent, or employee of the State, County, or City who has a pecuniary interest in the Bid has participated in the Contract negotiations on the part of the City, that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder, and that the Bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm.

IN WITNESS WHEREOF, the undersigned has duly authorized the execution of this document by the name and signature indicated below. If Contractor is an entity (Inc., LLC, LLP, Co., etc) or principal, their representative, by signing below, certifies that such representative is authorized by the entity or principal to execute this document.

Dated this day of June, 2024.

Signature

Title

STATE OF OREGON }

} ss

COUNTY OF }

Personally appeared before me this day of June, 2024, and has acknowledged the foregoing instrument to be his or her voluntary act and deed.

NOTARY PUBLIC FOR OREGON

My Commission expires:

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 22 OF 45

EMPLOYEE DRUG TESTING PROGRAM CERTIFICATION

TO: City of Silverton, a Municipal Corporation in the State of Oregon

In accordance with ORS 279C.505(2), as a Bidder on the above‐named public improvement project, does hereby certify to the City that the Bidder has an employee drug testing program in place in accordance with Oregon Law at the time of submitting its Bid, and that such employee drug testing program will be maintained in accordance with Oregon Law throughout the duration of the Contract, including any extensions.

Date

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 23 OF 45

CERTIFICATION OF NON‐DISCRIMINATION

TO: City of Silverton, a Municipal Corporation in the State of Oregon

In accordance with ORS 279A.110(4) and OAR 137‐049‐0440(3), as a Bidder on the above‐ named public improvement project, does hereby certify that the Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a disadvantaged business enterprise, a minority‐owned business, a woman‐owned business, a business that a service‐ disabled veteran owns or an emerging small business in obtaining or awarding of Subcontracts for this project.

Date

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 24 OF 45

CONTRACTOR PROJECT REFERENCES

This form must be submitted with the bid. 3 references of similar completed projects shall be provided by the Contractor. Please provide the name of project, overall contract value, description of work completed, along with contact information for the project’s owner.

Project #1: Contract Amount:

Project Description:

Owner: Phone Number:

Address: City, State, Zip:

Contact Name: E‐mail Address:

Project #2: Contract Amount:

Project #3: Contract Amount:

Form Submitted By (Bidder):

Bidder Signature: Phone #

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 25 OF 45

SECTION 4 ‐ BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we (Name of Contractor) as Principal, hereinafter called the Principal, and (Name of Surety) a corporation, duly authorized to do a general surety business in Oregon, as SURETY, and jointly and severally held and bound unto

(Name of Obligee) as Obligee, hereinafter called the Obligee, in the sum of Dollars

(Written Value) ($ ), for the payment of which sum well and truly to he made, the said Principal and the said Surety, bid ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for the 2024 Silverton Overlay Project, project number PN24‐1096.

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this day of June, 2024.

Principal: Surety:

By: By:

Title: Title:

Attest: Attest:

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 26 OF 45

SECTION 5 ‐ AGREEMENT

2024 Silverton Overlay, PN24‐1096

This Agreement is entered into by and between the City of Silverton, hereinafter referred to as the

“City”, and hereinafter called the “Contractor”, to provide the services described in the Invitation to Bid for the 2024 Silverton Overlay, SILVERTON, OREGON, which by this reference is hereby made part of this Agreement. The following provisions shall comprise this Agreement:

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The City of Silverton is seeking bids to complete an asphalt pavement grind and overlay project on multiple City owned roadways. Two roadways are currently asphalt (Silver Loop, High Streets). These 2 roadways will have the project scope of 2” grind and inlay full width of roadway. Silver Loop St is 1130 feet long, while High St is 544 feet long. There will be 2 ADA ramps that will need to be installed with some additional curbline work. Adams St is currently concrete surfaced and will require multiple locations of concrete removal with roadway base installation in these locations per PWSD. Adams St will require a leveling lift with a 2” overlay.

Adams St will require the contractor to excavate 10 feet on each end of the concrete roadways so the overlay pavement can blend in with the existing.

5.1 CONTRACT TIMES:

The Work will be substantially completed on or before September 30, 2024, and completed and ready for final payment on or before October 15, 2024.

The anticipated issuance date of the Notice to Proceed is the 9th of July, 2024.

5.2 LIQUIDATED DAMAGES

Contractor and Owner recognize that time is of the essence and that the Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in 5.1 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

• Substantial Completion: Contractor shall pay Owner $200 for each day that expires after the

PN24‐1096 2024 Silverton Overlay 4/22/2024 PAGE 27 OF 45 time (as duly adjusted pursuant to the Contract) specified in Paragraph 5.1 above for Substantial

Completion until the Work is substantially complete.

• Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $200 for each day that expires after such time until the Work is completed and ready for final payment.

Liquidated damages for failing to timely attain Substantial Completion and final completion are not cumulative and will not be imposed concurrently.

5.3 COMPENSATION:

The City agrees to compensate the Contractor on a fee‐for‐services basis as outlined in these

Documents. This agreement covers the period listed above. Work shall be performed in accordance with an approved schedule provided to the City by the Contractor as part of this document. Invoices submitted for payment in connection with this agreement shall be properly documented and shall indicate pertinent City contract and/or purchase order numbers. All invoices shall be consistent with the bid amount accepted by the City and shall reflect any savings or reductions provided for in the bid amount. The City will retain 5% from progress payments. The retainage will be released with the final payment after the project has been accepted as complete by the City. The compensation authorized under this contract is found under subsection 5.11 Contract Price.

The Contractor is engaged hereby as an independent contractor and will be so deemed for purposes of the following:

1. The Contractor will be solely responsible for payment of any Federal or State taxes required as a result of this contract.

2. This contract is not intended to entitle the Contractor to any benefits generally granted to City employees.