Bid No. 256107 Project No. 682115-2

Project Manual For

Streetscape Improvements Phase V (2024b)

Phase 5 Streetscape (2024b) Bid No. 256107 / Project No. 682115-2

PROJECT MANUAL

TABLE OF CONTENTS

Page

INSTRUCTIONS TO BIDDERS ............................................................................................... 00200-1

BID FORM AND BID SUPPLEMENTS .................................................................................. 00410-1

BID FORM ....................................................................................................................... 00410-3

BID BOND ....................................................................................................................... 00431-1

PENAL SUM FORM ....................................................................................................... 00431-2

CONTRACTOR DISCLOSURE FORM ......................................................................... 00435-1

FIRST-TIER CONTRACTOR DISCLOSURE FORM ................................................... 00436-1

FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ............................ 00500-1

NOTICE TO PROCEED .................................................................................................. 00550-1

CONTRACT FORMS

PERFORMANCE BOND ................................................................................................ 00610-1

PAYMENT BOND .......................................................................................................... 00615-1

CERTIFICATE OF LIABILITY INSURANCE .............................................................. 00616-1

SUBSTITUTION AND APPROVED EQUAL REQUEST FORM ................................ 00617-1

CERTIFICATE OF SUBSTANTIAL COMPLETION ................................................... 00618-1

APPLICATION FOR PAYMENT INSTRUCTIONS ..................................................... 00621-1

APPLICATION FOR PAYMENT ................................................................................... 00621-2

VALUE ENGINEERING CHANGE PROPOSAL (VECP) ........................................... 00640-1

SUBMITTAL TRANSMITTAL ...................................................................................... 00651-1

REQUEST FOR INTERPRETATION ............................................................................ 00652-1

GENERAL CONDITIONS ........................................................................................................ 00700-1

SUPPLEMENTARY CONDITIONS ........................................................................................ 00800-1

SPECIFICATIONS (SPECIAL PROVISIONS) ...................................................................... 01000-1

PERMITS

1200-CA Permit

Work in Right-of-Way Permit

Appendix A: City of Salem Blue Sheets

Appendix B: City of Salem Archaeology Discovery Plan

DRAWINGS

―END OF TABLE OF CONTENTS―

00200-1 Instructions to Bidders

INSTRUCTIONS TO BIDDERS

ARTICLE 1―DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have

the meanings indicated in the General Conditions.

Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

A. Bidder―The individual or entity who submits a Bid directly to OWNER.

B. Invitation to Bid―The public notice inviting bids for Work to be performed.

C. Contracts and Procurement Manager―The

OWNER’s Contracts and Procurement Manager. The individual and the office of the Contracts and Procurement Manager as indicated in the Invitation to Bid.

D. Successful Bidder―The Contract will be awarded to the lowest responsive and responsible Bidder based on the Total Bid (General Costs, Schedule A, Schedule B, Schedule C and Schedule D). The OWNER reserves the right to award the Total Bid amount, or the General Costs combined with one or more of the Schedules. The Owner reserves the right to reject all bids.

ARTICLE 2―COPIES OF BIDDING DOCUMENTS

2.01 The Bid, including all Addenda and attachments, are published on OregonBuys at https://oregonbuys.gov/.

All Addenda for this bid will be advertised on OregonBuys. Prospective bidder is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued.

2.02 Complete sets of Bidding Documents shall be

used in preparing Bids; OWNER assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 OWNER, in making copies of Bidding

Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3―QUALIFICATIONS OF BIDDERS

3.01 No Bid will be received or considered unless the

Bidder is licensed by the Oregon Construction Contractors Board or the Oregon State Landscape Contractors Board.

ARTICLE 4―EXAMINATION OF BIDDING

DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Subsurface and Physical Conditions

A. If applicable, the Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that OWNER has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that OWNER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.01.A, if any, will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions, if any, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER by owners of such Underground Facilities, including OWNER, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.03.A, if any, will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, 00200-2 Instructions to Bidders opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the

adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions.

4.05 When requested, by Bidder more than ten days

prior to the date for closing of bids, OWNER may provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to Supplementary Conditions

for the identification of the general nature of other work, if any, that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

4.07 It is the responsibility of each Bidder before

submitting a Bid to complete the following, or assume responsibility for having done so:

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all Federal, State, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions;

E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. correlate the information known to Bidder, information and observations obtained from Bidder’s visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data, if any, with the Bidding Documents;

I. promptly, pursuant to Article 7 of this section, give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder;

and

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

00200-3 Instructions to Bidders

4.08 The submission of a Bid will constitute an

incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5―PRE-BID CONFERENCE

5.01 No pre-Bid Conference is scheduled for this

project.

5.02 Not Used

5.03 Not Used

ARTICLE 6―SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents.

Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR.

6.02 If, at the time of bidding, any restrictions exist to

the CONTRACTOR’s access or use of the Site, they are presented in the Bidding Documents.

ARTICLE 7―INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the

Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda and posted on OregonBuys.

Prospective bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Questions received after the time stated in the Invitation to Bid will not be answered. Only answers in the Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or

change the Bidding Documents as deemed advisable by Contracts and Procurement Manager.

7.03 Requests for changes to the Contract Documents

must be delivered in writing to the Contracts and Procurement Manager at contracts@cityofsalem.net not less than ten days prior to date indicated in the Invitation to Bid for the receipt of Bids. The written request for change must include a statement of the requested change or changes and the reason for the change. The written request for change must be marked “Contract Provision Request for Change” and include the Bidding Document number or other identification as specified in the Bidding Documents.

ARTICLE 8―BID SECURITY

8.01 A Bid must be accompanied by Bid security made

payable to OWNER in an amount of 10 percent of Bidder’s maximum Bid price. The security shall be in the form of a surety bond, irrevocable letter of credit issued by an institution as defined in ORS 706.008, cashier’s check, or certified check of the Bidder. If a surety bond is used, it shall be submitted on the form included in Section 00431-1 Bid Bond Form and issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. Note: Due to bids being received electronic, copies of all required bonds will be accepted with electronic bid submittal, but original bonds from the apparent low bidder must be submitted by mail within 5 days of the bid opening to: Attn: Contracts & Procurement Division, PO Box 14300, Salem, OR 97309- 3986.

8.02 The Bid security of the apparent Successful

Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER when the Agreement has been executed and required bonds and insurance provided, or Bids have been rejected, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER

believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening if the return does not prejudice the OWNER and the security of at least three bidders with the lowest bid is retained pending execution of the Agreement.

00200-4 Instructions to Bidders

ARTICLE 9―CONTRACT TIMES

9.01 The number of days within which, or the dates by

which, Milestones, if any, are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10―LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set

forth in the Agreement.

ARTICLE 11―SUBSTITUTE AND “APPROVED

EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of

materials and equipment specified or described in the Bidding Documents, or those substitute or “approved equal” materials and equipment approved by ENGINEER and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, durability, strength, appearance, and quality to be met by any proposed substitute or “Approved Equal” item. No item of material or equipment will be considered by ENGINEER as a substitute or “Approved Equal” unless written request for approval has been submitted by Bidder and has been received by ENGINEER at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. ENGINEER’s decision of approval or disapproval of a proposed item will be final.

If ENGINEER approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12―SUBCONTRACTORS, SUPPLIERS,

AND OTHERS

12.01 When required by ORS 279C.370, Bidders shall

submit within two working hours after the date and time prescribed for bid closing, the First-Tier Subcontractor Disclosure Form, provided herein in Section 00436. See “Instruction for First-Tier Subcontractor Disclosure,” Section 00436, for additional information and instructions. The disclosure of subcontracts on the Bid Form is insufficient to comply with ORS 279C.370.

12.02 Not Used.

12.03 Not Used.

ARTICLE 13―PREPARATION OF BID

13.01 The Bid Form, Section 00410, is included with the

Bidding Documents and Bidder’s Bid must be submitted on this form.

13.02 All blanks on the Bid Form shall be completed by

printing in ink or by typewriter and the Bid signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered.

13.03 A Bid by a corporation shall be executed in the

corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to bind the corporation. The corporate address and state of incorporation shall be provided on the Bid Form.

13.04 A Bid by a partnership shall be executed in the

partnership name and signed by at least one partner (whose title must appear under the signature), accompanied by evidence of authority to bind the partnership. The official address of the partnership shall be provided on the Bid Form.

13.05 A Bid by a limited liability company shall be

executed in the name of the limited liability company by a member and accompanied by evidence of authority to bind the limited liability company. The state of formation of the firm and the official address of the limited liability company shall be provided on the Bid Form.

13.06 A Bid by an individual shall show the Bidder’s

name and official address.

13.07 A Bid by a joint venture shall be executed by each

joint venturer in the manner indicated on the Bid Form.

The official address of the joint venture shall be shown below the signature.

13.08 All names shall be typed or printed in ink below

the signatures.

13.09 The Bid shall contain an acknowledgement of

receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 The address and telephone number for

communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s

business registration with the State of Oregon. Bidder’s State of Oregon contractor license number or landscape contractor license shall also be shown on the Bid Form.

13.12 The Bid shall be executed by an individual with

the authority to legally obligate the Bidder in contractual matters.

13.13 Upon request of OWNER, BIDDER shall submit

proof of signature authority.

00200-5 Instructions to Bidders

ARTICLE 14―BASIS OF BID; COMPARISON OF

BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all Bid prices will be determined as the sum of the products of the estimated quantity of each item and the corresponding unit price bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total sum of any column of figures and the correct total sum thereof will be resolved in favor of the arithmetically correct total sum. Discrepancies between words and figures will be resolved in favor of the words.

D. The contract will be awarded to the lowest responsive and responsible Bidder based on the Total Base Bid Amount. The Owner reserves the right to reject all bids.

14.02 The Bid price shall include such amounts as the

Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

14.03 Not Used.

ARTICLE 15―SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a

Bidder is furnished the Bid Form, Section 00410, and, if required, the Bid Bond Form, Section 00431. The Bid Form is to be completed and submitted with the Bid security and the following data:

A. First-tier Subcontractor/Supplier Disclosure Form, Section 00436. NOTE: Please refer to Article 12, Section 12.01 for submittal requirements.

B. Contractor Disclosure Form, shall be submitted in accordance with Section 00435.

15.02 A Bid shall be submitted no later than the date and

time prescribed in the Invitation to Bid and shall be accompanied by the Bid security and other required documents requested in Paragraph 15.01. Bidders are responsible for ensuring receipt of Bids at the required location by the required time regardless of the method used to submit the Bid.

ARTICLE 16―MODIFICATION AND WITHDRAWAL

OF BID

16.01 A Bid may be modified or withdrawn by a

document executed in the manner that a Bid must be executed, delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids and marked “Bid Withdrawn” or “Bid Modification” with the Bidding Document number or other identification as specified in the Bidding Documents.

16.02 If prior to award of Contract, 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, other than an error in judgment, OWNER may allow Bidder to withdraw its Bid, and its Bid security may be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17―OPENING OF BIDS

17.01 Bids will be opened at the time and place

indicated in the Invitation to Bid, or subsequent Addenda, and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and Alternate Bids, if any, will be made available after the opening of Bids.

ARTICLE 18―BIDS TO REMAIN SUBJECT TO

ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the

period of time stated in the Bid Form, Section 00410, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period consistent with OWNER’s public contracting rules.

ARTICLE 19―EVALUATION OF BIDS AND

AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any or all

Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work.

19.02 More than one Bid for the same Work from an

individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

00200-6 Instructions to Bidders

19.03 In evaluating Bids, OWNER will consider

whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or may be requested prior to the Notice of Award.

19.04 Not Used.

19.05 OWNER may conduct such investigations as

OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, Bidder’s proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, OWNER will

award the Contract to the Successful Bidder, pursuant to Article 14 and in accordance with ORS 279C.375.

19.07 A Bid will not be considered responsive unless:

A. Identifies whether the Bidder is a resident bidder as defined in ORS 279A.120.

B. It contains a statement certifying the Bidder has not discriminated and will not discriminate 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 enterprises in obtaining any required subcontracts, pursuant to ORS 279A.110. The Bidder understands that it may be disqualified from bidding on this public improvement project if the OWNER finds that the Bidder has violated subsection (1) of ORS 279A.110.

C. It contains a statement from the Bidder that the provisions of ORS 279C.840 are to be complied with.

D. The Bidder is registered with the Construction Contractor’s Board or licensed by the State Landscape Contractor’s Board as required by ORS 671.530.

The Bid Form provides a location to include the required information.

19.08 OWNER may reject any or all Bids or cancel the

procurement and neither the OWNER, nor its agents, are liable for any cost incurred prior to issuance of a Notice of Award. All prospective Bidders who respond to an OWNER Invitation to Bid do so solely at the Bidder’s cost and expense.

19.09 OWNER may reject a bid that does not comply

with prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder’s responsibility under ORS 279C.375(3)(b), and that the OWNER may reject for good cause all bids after finding that doing so is in the public interest.

19.10 If selected for award and as applicable, Bidder

shall submit to the City a true and correct copy of an unexpired Pay Equity Compliance Certificate issued by the Oregon Department of Administrative Services (under ORS 279A.167). The Bidder upon completion of the curriculum and assessment understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. The certificate is only required if the Bidder employs 50 or more full time workers and submitted a Bid for a procurement with an estimated contract price that exceeds $500,000.

ARTICLE 20―CONTRACT SECURITY AND

INSURANCE

20.01 Article 5 of the General Conditions set forth

OWNER’s requirements as to Performance and Payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by such Bonds and evidence of insurance.

20.02 Not Used.

ARTICLE 21―SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the

Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within ten (10) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER.

ARTICLE 22―SALES AND USE TAXES

22.01 Not Used.

ARTICLE 23―RETAINAGE

23.01 Provisions concerning retainage and the

CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24―CONTRACTS TO BE ASSIGNED

24.01 Information pertaining to the assignment of

contracts is contained in the Agreement, Article 10.

24.02 Not Used.

ARTICLE 25―PARTNERING

25.01 – 25.05 Not Used.

ARTICLE 26―PROTEST PROCEDURES

00200-7 Instructions to Bidders

26.01 After bids are opened and the determination is

made by OWNER to award a contract, a Notice of Intent to Award will be posted on OregonBuys and mailed to the apparent low responsive and responsible bidder. Any protests of the intent to award this Contract must be filed with the OWNER’s City Manager email:

contracts@cityofsalem.net in writing within seven days after OWNER issues a Notice of Intent to Award, but shall not be considered if filed with any other person or office, and shall not be considered if received by the appropriate official after this time.

26.02 The administrative review of protests is limited to

disputes concerning the OWNER’s contractor selection or contract award decision. This process does not provide an administrative review process for any issues or concerns which could have been raised prior to the close of the solicitation.

26.03 In order to protest the Notice of Intent to Award

of the contract, a protestor must claim and prove the following:

A. The protestor must be adversely affected by being eligible to be awarded the contract in the event the protest is successful; and B. All lower bids or higher ranked proposals were nonresponsive; the OWNER failed to conduct the evaluation of proposals as described in the solicitation documents; the OWNER abused its discretion in rejecting the protestor’s bid or proposal as nonresponsive; or the OWNER’s evaluation or subsequent determination of award violated ORS Chapter 279A or 279C.

26.04 The written protest must include a $500.00 fee, as

established in a schedule adopted by the City Manager to cover the costs of processing the protest. A full description of the OWNER’s protest policy may be obtained by contacting the Office of OWNER’s Contracts and Procurement Manager, Attn: Contracts and Procurement Division, PO Box 14300, Salem, OR 97309- 3986. email: contracts@cityofsalem.net.

― END OF SECTION ―

00410-1 Bid Form and Bid Supplements

BID FORM AND BID SUPPLEMENTS

ARTICLE 1―BID RECIPIENT

1.01 This Bid is submitted to:

The Contracts and Procurement Manager of the City of Salem will receive bids electronically thru Equity Hub’s Bid Locker until but not after 2:30 p.m., (Local Time) Tuesday, March 17, 2026, at which time said bids will be publicly opened and read via zoom, for the project specified herein.

1.02 The undersigned Bidder proposes and agrees, if

this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2―BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of

the Section 00100―Invitation to Bid and Section 00200―Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

ARTICLE 3―BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in the Supplementary Conditions.

E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by OWNER is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

K. By submitting this Bid, Bidder certifies that it has not discriminated and will not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a

00410-2 Bid Form and Bid Supplements service-disabled veteran owns, or an emerging small business enterprise in obtaining any required subcontracts, pursuant to ORS 279A.110. The Bidder understands that it may be disqualified from bidding on this public improvement project if the OWNER finds that the Bidder has violated subsection (1) of ORS 279A.110.

L. Not Used.

M. Bidder is registered with Construction Contractor’s Board or licensed by the State Landscape Contractor’s Board as required by ORS 671.530.

By submitting this Bid, Bidder certifies that all subcontractors performing construction work described in ORS 701.005(2) will be registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS

701.035 to 701.055 before the subcontractors commence work under the Contract.

N. By submitting this Bid, Bidder agrees to be bound by and will comply with the provisions of ORS 279C.840 shall be included in the contract and every contractor or subcontractor is required to post the applicable Prevailing Wage Rates (PWR) in a conspicuous and accessible place in or about the work-site for the duration of the job. Contractors and Subcontractors who intentionally fail to post the PWR can be made ineligible to receive any public works contract for up to three years.

ARTICLE 4―FURTHER REPRESENTATIONS

4.01 Bidder further represents that:

A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over

OWNER.

E. Bidder: ____ is a resident bidder as defined in ORS 279A.120.

____ is not a resident bidder as defined in ORS 279A.120.

NOTE: Bidder is to select the applicable classification.

No. Item Quantity Unit of Measure

Unit Price or

Lump Sum Price Figures

Total Amount

Quantity x Unit Price

General Costs - One Time Cost for Project

1 Temporary Traffic Control a Temporary Rigid Signs 200 Sq. Ft. $ $ b Flagging (Stipulated Price) 1,000 Hour(s) 67.00$ 67,000.00$ c Temporary Pedestrian Work Zone Fence 150 Lin. Ft. $ $ d Temporary Reflectorized Pedestrian Barricade 600 Lin. Ft. $ $

2 Landscaping a Soil Testing All Req'd Lump Sum $ $

3 As-Builts a Provide As-Built Field Records All Req'd Lump Sum $ $

$Subtotal General Costs

ARTICLE 5 - BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder Acknowledges that 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.

Bid No. 256107 / Project No. 682115-2 00410-3 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price

Schedule A - State Street

A1 Mobilization All Req'd Lump Sum $ $

A2 Erosion Control Measures a Erosion Control; Complete All Req'd Lump Sum $ $ b Street Cleaning All Req'd Lump Sum $ $ c Catch Basin and Inlet Protection 6 Each $ $ d Concrete Management Facilities All Req'd Lump Sum $ $

A3 Temporary Traffic Control a Temporary Work Zone Traffic Control; Complete All Req'd Lump Sum $ $

A4 Extra Tree Removal a Tree Removal, 6-inch to 18-inch Diameter 2 Each $ $ b Stump Removal 2 Each $ $

A5 Saw Joints a Sawed Joints, PCC or AC Pavement 1,400 Lin. Ft. $ $

A6 Earthwork a Common Excavation (Includes Surface

Removal) 450 Cu. Yd. $ $ b Roadbed and Slope Rock Excavation

(Stipulated Price) 1 Cu. Yd. 130.00$ 130.00$

Bid No. 256107 / Project No. 682115-2 00410-4 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price c Over Excavation and Aggregate Subbase (5" -

3" Crushed Aggregate) (Stipulated Price) 1 Cu. Yd. 80.00$ 80.00$ d Foundation Stabilization (3" - 0 Crushed

Aggregate) (Stipulated Price) 1 Cu. Yd. 80.00$ 80.00$ e Aggregate Base (1" -0 Crushed Aggregate)

(Stipulated Price) 1 Cu. Yd. 60.00$ 60.00$

A7 Common Trench Excavation and Granular

Backfill a Trench Rock Excavation (Stipulated Price) 1 Cu. Yd. 175.00$ 175.00$

A8 Adjust Structures to Grade a Removal/Relocation/Repair/Adjustment of All

Miscellaneous Structures All Req'd Lump Sum $ $

A9 Underground Storage Tank Decommissioning a

Underground Storage Tank In-place

Decommissioning (379 State Sr, Gatsby);

Complete

All Req'd Lump Sum $ $

A10 Cold Plane Pavement Removal a Cold Plane Pavement Removal, 2.5 inches Depth and Less 90 Sq. Yd. $ $

A11 Hot Mixed Asphalt Concrete (HMAC) Pavement a

HMAC, 5-inch Thick (Level 3, 1/2-inch Dense

HMAC) over 12 inches 1" -0 Crushed Aggregate

Base

450 Sq. Yd. $ $ b HMAC, 2-1/2-inches Thick (Level 3, 1/2-inch

Dense HMAC) over AC Grind 90 Sq. Yd. $ $

A12 Portland Cement Concrete (PCC) Work

Bid No. 256107 / Project No. 682115-2 00410-5 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price a

Type A High Early PCC Curb and Gutter with 6-inch Curb over 4 inches, Minimum, of 1" -0

Crushed Aggregate Base

360 Lin. Ft. $ $ b PCC Sidewalk, 4-inch Thick over 4-inches of 1" -

0 Crushed Aggregate Base 350 Sq. Yd. $ $ c PCC Sidewalk, 8-inch Thick over 4-inches of 1" -

0 Crushed Aggregate Base 70 Sq. Yd. $ $ d

PCC Sidewalk, 4-inch Thick, Exposed Sand

Finish over 4 inches of 1" -0 Crushed Aggregate

Base

200 Sq. Yd. $ $ e

PCC Sidewalk, 8-inch Thick, 1-foot Band with

Fine Brushed Finish over 4 inches of 1" -0

Crushed Aggregate Base

8 Sq. Yd. $ $ f Detectable Warning Surface 12 Sq. Ft. $ $ g Building Vent Reconstruction; Complete 6 Each $ $

A13 Storm Sewer Pipe a

8-inch DI, ANSI A21.51, Class 150, Complete

Installation Including Excavation, Granular

Backfill, and Shoring

10 Lin. Ft. $ $ b

10-inch DI, ANSI A21.51, Class 150, Complete

Installation Including Excavation, Granular

Backfill, and Shoring

65 Lin. Ft. $ $ c Daylight Existing Downspout Through Curb, 3034 PVC, SDR35 or SCH 40 PVC (All Sizes) 8 Each $ $

A14 Storm Sewer Manholes a Connect to Existing Storm Structure 2 Each $ $

Bid No. 256107 / Project No. 682115-2 00410-6 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price

A15 Storm Sewer Catch Basins a Type 2 Catch Basin with 12-inch Sump 1 Each $ $ b Type 4 Catch Basin with 12-inch Sump 1 Each $ $ c 24-inch Square Catch Basin with 12-inch Sump 1 Each $ $

A16 Structural a Sidewalk Vault In-Fill (355 State St, Doce

Mama's); Complete All Req'd Lump Sum $ $ b Sidewalk Vault In-Fill (349 State St, Uptown);

Complete All Req'd Lump Sum $ $ c Sidewalk Vault In-Fill (353 State St); Complete All Req'd Lump Sum $ $ d Sidewalk Vault In-Fill (379 State St, Gatsby);

Complete All Req'd Lump Sum $ $

A17 Landscaping a Imported Planting Soil 20 Cu. Yd. $ $ b Trees - Deciduous 2.5-inch Caliper 1 Each $ $ c Shrubs - 5 Gallon 3 Each $ $ d Shrubs - 2 Gallon 14 Each $ $ e Shrubs - 1 Gallon 39 Each $ $ f Root Barrier (18-inch High, All Sides of Planters with Trees) 256 Lin. Ft. $ $ g Bark Mulch (2-inch Thick Hemlock Medium

Fresh) 5 Cu. Yd. $ $

Bid No. 256107 / Project No. 682115-2 00410-7 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price

A18 New Irrigation System a Fully Automatic Irrigation System, Complete 725 Sq. Ft. $ $ b Irrigation Sleeves 319 Lin. Ft. $ $

A19 Permanent Striping and Pavement Markings a Parking Pavement Markings Type B-HS 430 Lin. Ft. $ $ b Yellow Curb Markings, 2 Coats Paint 48 Lin. Ft. $ $

A20 Permanent Signing a Remove and Reinstall Existing Signs on New

Supports/Post 6 Each $ $ b New Steel Pipe Sign Supports 6 Each $ $ c Street Improvement and Funding Signs 2 Each $ $

A21 Site Furnishings a Remove and Reinstall Bike Rack, Blast and

Powder Coat 2 Each $ $ b Remove and Reinstall Stainless Steel Bike Rack 1 Each $ $ c Remove and Reinstall Historic District Sign, Blast and Powder Coat 1 Each $ $ d Remove and Reinstall Trash Can 1 Each $ $ e Remove and Reinstall Miscellaneous Furnishings All Req'd Lump Sum $ $

A22 Electrical

Bid No. 256107 / Project No. 682115-2 00410-8 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price a Remove Existing Light Pole Foundation 2 Each $ $ b Remove Existing Junction Box 5 Each $ $ c Disconnect, Protect and Store Historic Clock -

State Street All Req'd Lump Sum $ $ d

Install Salvaged Pedestrian Light Pole on New

Foundation with 11-inch to 9-inch Bolt Ring

Adaptors

4 Each $ $ e New Street Light Poles with 170 Watt LED

Luminaires (S1); Complete 2 Each $ $ f JB/2 Box and Lid marked "STREET LIGHTING" 8 Each $ $ g JB/2 Box and Lid marked "ELECTRIC" 1 Each $ $ h JB/3 Box and Lid marked "STREET LIGHTING" 1 Each $ $ i 3-inch Roadway Illumination Conduit; Complete 1,025 Lin. Ft. $ $ j Install and Reconnect Historic Clock (on New

Concrete Foundation) All Req'd Lump Sum $ $ k State Street Circuits All Req'd Lump Sum $ $

$Subtotal Schedule A - State Street

Bid No. 256107 / Project No. 682115-2 00410-9 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price

Schedule B - Liberty Street

B1 Mobilization All Req'd Lump Sum $ $

B2 Erosion Control Measures a Erosion Control; Complete All Req'd Lump Sum $ $ b Street Cleaning All Req'd Lump Sum $ $ c Catch Basin and Inlet Protection 3 Each $ $ d Concrete Management Facilities All Req'd Lump Sum $ $

B3 Temporary Traffic Control a Temporary Work Zone Traffic Control; Complete All Req'd Lump Sum $ $

B4 Extra Tree Removal a Tree Removal, 6-inch to 18-inch Diameter 9 Each $ $ b Stump Removal 9 Each $ $

B5 Saw Joints a Sawed Joints, PCC or AC Pavement 1,300 Lin. Ft. $ $

B6 Earthwork a Common Excavation (Includes Surface Removal) 250 Cu. Yd. $ $ b Roadbed and Slope Rock Excavation

(Stipulated Price) 1 Cu. Yd. 130.00$ 130.00$

Bid No. 256107 / Project No. 682115-2 00410-10 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price c Over Excavation and Aggregate Subbase (5" -

3" Crushed Aggregate) (Stipulated Price) 1 Cu. Yd. 80.00$ 80.00$ d Foundation Stabilization (3" - 0 Crushed

Aggregate) (Stipulated Price) 1 Cu. Yd. 80.00$ 80.00$ e Aggregate Base (1" -0 Crushed Aggregate)

(Stipulated Price) 1 Cu. Yd. 60.00$ 60.00$

B7 Common Trench Excavation and Granular

Backfill a Trench Rock Excavation (Stipulated Price) 1 Cu. Yd. 175.00$ 175.00$

B8 Adjust Structures to Grade a Reconstruct Existing Storm and Sanitary

Manholes to Grade 1 Each $ $ b Removal/Relocation/Repair/Adjustment of All

Miscellaneous Structures All Req'd Lump Sum $ $

B9 Cold Plane Pavement Removal a Cold Plane Pavement Removal, 2.5 inches Depth and Less 50 Sq. Yd. $ $

B10 Hot Mixed Asphalt Concrete (HMAC) Pavement a

HMAC, 5-inch Thick (Level 3, 1/2-inch Dense

HMAC) over 12 inches 1" -0 Crushed Aggregate

Base

120 Sq. Yd. $ $ b HMAC, 2-1/2-inches Thick (Level 3, 1/2-inch

Dense HMAC) over AC Grind 50 Sq. Yd. $ $

B11 Portland Cement Concrete (PCC) Work a

Type A High Early PCC Curb and Gutter with 6-inch Curb over 4 inches, minimum, of 1" -0

Crushed Aggregate Base

210 Lin. Ft. $ $

Bid No. 256107 / Project No. 682115-2 00410-11 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price b 12-inch Type C PCC Curb over 4 inches, minimum, of 1" -0 Crushed Aggregate Base 170 Lin. Ft. $ $ c PCC Sidewalk, 4-inch Thick over 4 inches of 1" -

0 Crushed Aggregate Base 325 Sq. Yd. $ $ d PCC Sidewalk, 8-inch Thick over 4 inches of 1" -

0 Crushed Aggregate Base 20 Sq. Yd. $ $ e

PCC Sidewalk, 4-inch Thick, Exposed Sand

Finish over 4 inches of 1" -0 Crushed Aggregate

Base

175 Sq. Yd. $ $ f

PCC Sidewalk, 8-inch Thick, 1-foot Band with

Fine Brushed Finish over 4 inches of 1" -0

Crushed Aggregate Base

8 Sq. Yd. $ $ g Extra for Thickened Edge Sidewalk, Liberty

Street 170 Lin. Ft. $ $ h Detectable Warning Surface 24 Sq. Ft. $ $ i Building Vent Reconstruction; Complete 4 Each $ $

B12 Structural a Outdoor Patio Removal, Storage & Replacement

(145 Liberty St, Side Hussle); Complete All Req'd Lump Sum $ $

B13 Landscaping a Imported Planting Soil 20 Cu. Yd. $ $ b Trees - Deciduous 2.5-inch Caliper 7 Each $ $ c Shrubs - 5 Gallon 3 Each $ $ d Shrubs - 2 Gallon 22 Each $ $

Bid No. 256107 / Project No. 682115-2 00410-12 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price e Shrubs - 1 Gallon 109 Each $ $ f Root Barrier (18-inch High, All Sides of Planters with Trees) 250 Lin. Ft. $ $ g Bark Mulch (2-inch Thick Hemlock Medium

Fresh) 4 Cu. Yd. $ $

B14 New Irrigation System a Fully Automatic Irrigation System; Complete 650 Sq. Ft. $ $ b Irrigation Sleeves 387 Lin. Ft. $ $

B15 Permanent Striping and Pavement Markings a Parking Pavement Markings Type B-HS 300 Lin. Ft. $ $ b Pavement Legend, Type B-HS: "Accessibility

Parking Spaces Symbol" 2 Each $ $ c Yellow Curb Markings, 2 Coats Paint 16 Lin. Ft. $ $

B16 Permanent Signing a Remove and Reinstall Existing Signs on New

Supports/Post 5 Each $ $ b Install New Signs on New Supports 1 Each $ $ c New Steel Pipe Sign Supports 6 Each $ $ d Street Improvement and Funding Signs 2 Each $ $

B17 Site Furnishings a Remove and Reinstall Bike Rack, Blast and

Powder Coat 3 Each $ $

Bid No. 256107 / Project No. 682115-2 00410-13 Bid Form and Bid Supplements

Lump Sum Price Figures

Total Amount

Quantity x Unit Price b Remove and Reinstall Trash Can 1 Each $ $ c Remove and Reinstall Miscellaneous Furnishings All Req'd Lump Sum $ $

B18 Electrical a Remove Existing Light Pole Foundation 7 Each $ $ b Remove Existing Junction Box 4 Each $ $ c Electrical Pedestrian Light Removal (Salvage

Existing), Blast and Powder Coat Pole 5 Each $ $ d

Electrical…