900455-20251210 Addendum 3.pdf

City of Eugene 180 W 8th Ave, Ste. 200 Eugene, OR 97401 -- 541-682-5291 Phone -- 541-682-8410 Fax www.eugene-or.gov

ADDENDUM NO. 3

TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

REGIONAL BICYCLE ENHANCEMENTS EUGENE 2024

FEDERAL AID PROJECT: 2385(129)

ODOT KEY NO: 22338

DECEMBER 10, 2025 JOB #900455 BID NUMBER 18

TO ALL PLANHOLDERS:

The following changes shall amend and supplement the project bidding documents only to the extent specifically shown and noted. All other conditions shall remain the same.

Bidders shall incorporate the effects of these changes in the appropriate bid items included in this addendum and the total of these bid items then add in the appropriate place on the bid form.

Due to updated FHWA requirements in response to the U.S. Department of Transportation (USDOT) Interim Final Rule (IFR), published October 3, 2025, regarding the Disadvantaged Business Enterprise (DBE) program, the Project Bid Booklet has been updated, and changes have been made to the Special Provisions. The DBE IFR was published in the Federal Register at 90 Fed Reg 47,969 (2025) and is available here: https://www.transportation.gov/mission/civil-rights/disadvantaged-business-enterprise/DBE-IFR-10-03-2025.

CHANGES TO INVITATION TO BID AND BID FORM:

BID CLOSING DATE:

(DELETE) Thursday, December 11, 2025 – 2:00 P.M.

(ADD) Thursday, December 18, 2025 – 2:00 P.M.

CHANGES TO INVITATION TO BID:

(DELETE) All work must be completed April 6, 2026 per Special Provision 00180.50(h).

(ADD) All work must be completed June 5, 2026 per Special Provision 00180.50(h).

(DELETE) The following language:

The City of Eugene in accordance with Title VI of the Civil Rights Act of 1964, 79 Stat. 252, 42 U.S.C. 2000d to 2000-4 and Tile 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted program of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award.

Addendum #3 – Job #900455 Page 2

Work performed by the Contractor’s own organization must be at least 30 percent of the awarded contract amount.

This project is subject to the DBE policy statement as cited in 49 CFR 26.

The DBE is subject to commercially useful function (CUF) requirements.

When a DBE participation goal has been assigned on a contract, the contractor and subcontractor must comply with the commercially useful function (CUF) provisions. The CUF provisions require that the DBE actually perform, manage, and supervise all assigned responsibilities. Where on-the-job training (OJT) participation goals have been assigned, the contractor must comply with the relevant special provision requirements. Additionally, the contractor and subcontractor are subject to contract wage and equal employment opportunity (EEO) work force composition requirements contained in the affirmative action special provisions of each contract. 23 USC 140 EEO requirements.

All bidders are notified that the DBE will be afforded full opportunity to submit bids in response to invitations to participate in any contract entered into pursuant to this advertisement. In consideration for an award, persons or firms will not be discriminated against because of race, age, color, sex, religion, national origin, mental or physical handicap, political affiliation, or marital status.

DBEs listed by the bidder for participation in the contract must be certified as eligible DBEs as of the time of bid opening.

This project contains a 0% DBE Goal.

CHANGES TO INSTRUCTIONS TO BIDDERS:

5. Required Bid Submission Forms

(DELETE) DBE Commitment Certification and Utilization Form (DBE goal >0)

CHANGES TO BID FORM:

Page 4 from list of forms to be completed:

(DELETE) DBE Commitment Certification and Utilization Form (DBE goal >0)

The following changes are made to the Project Bid Book:

1. DBE Commitment Requirements - Delete the DBE Commitment Requirements

(BB35_DBE_COMMIT_REQ).

2. DBE Commitment Certification & Utilization Form - Delete the DBE Commitment Certification & Utilization Form (BB38_DBE_COMMIT_CERT).

3. DBE Information Page - Delete the DBE Information Page (BB74_DBE_INFO).

4. ODOT POLICY STATEMENT DBE PROGRAM - Delete the ODOT Policy Statement DBE Program (00027_ODOT_DBE_POLICY).

5. DBE SUPPLEMENTAL REQUIRED CONTRACT PROVISIONS - Delete the DBE

Supplemental Required Contract Provisions (00029_DBE_PROV).

6. Assigned DBE Contract Goal - Delete the Assigned DBE Contract Goal page (00030_DBE)

Addendum #3 – Job #900455 Page 3

7. SUSPENSION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE)

REQUIREMENTS – This page is added after the Equal Employment Opportunity Provisions.

See attachment for full text.

CHANGES TO SPECIAL PROVISIONS:

00110.10 Abbreviations

(REMOVE) The following abbreviation:

DBE - Disadvantaged Business Enterprise

00120.10 Bid Booklet

(REMOVE) The following bullet point:

DBE Commitment Certification and Utilization Form (for Federal-Aid Projects)

00120.70 Rejection of Non-responsive Bids

(REMOVE) The following bullet point:

The Bidder has not complied with the DBE requirements of the solicitation.

00160.01 Notification of Source of Supply and Materials

(REPLACE) Replace the paragraph that begins “On Federal-Aid construction projects, the Contractor shall identify…” with the following paragraph:

On Federal-Aid construction projects, when the estimated value is over $10,000, the Contractor shall submit a copy of the materials purchase order or supply agreement.

(REMOVE) Remove the paragraph that begins “For this purpose…”.

00170.07 Record Requirements

(REPLACE) Replace the paragraph that begins "For purposes of this Subsection, the term …" with the following paragraph:

For purposes of this Subsection, the term "Contractor" includes the Contractor, all Subcontractors, Material Suppliers, and providers of rented operated Equipment (except truck drivers), at all tiers, for all subcontracts with first-tier Subcontractors, all subcontracts between the first-tier Subcontractors and their Subcontractors and any other lower-tier subcontracts, and "Related Entities" as that term is defined in OAR 734-010-0400. The Material Suppliers included in this definition are those for Aggregates, asphalt cement concrete, Portland cement concrete and the supply and fabrication of structural steel items, and Material Suppliers that provide quotes.

00170.07(a) Record Requirements

(REPLACE) Replace the paragraph that begins "The Contractor shall include in its subcontracts …" with the following paragraph:

The Contractor shall include in its subcontracts, purchase orders, and all other written agreements, a provision requiring all Subcontractors, Material Suppliers and providers of rented operated Equipment (except truck drivers), at all tiers, to

Addendum #3 – Job #900455 Page 4 comply with 00170.07. The Contractor shall also require all Subcontractors, Material Suppliers, and providers of rented operated Equipment (except truck drivers), at all tiers, and Related Entities to include in their contracts, purchase orders, and all other written agreements, a provision requiring all lower-tier Subcontractors, Material Suppliers and providers of rented operated Equipment (except truck drivers) to comply with 00170.07. The Material Suppliers to which this applies are those for Aggregates, asphalt cement concrete, portland cement concrete and the supply and fabrication of structural steel items and Material suppliers that provide Material quotes and Related Entities as defined in OAR 734-010-0400

00170.10(g) Paid Summary Report

(REPLACE) Replace this subsection with the following:

On a Federal-Aid Construction project, the Contractor shall submit a “Paid Summary Report", form 734-2882, to the Engineer certifying payments made to all of the following:

All Subcontractors Suppliers and service providers with estimated total payments for the

Project over $10,000.

Submit the completed and signed Paid Summary Report to the Engineer within 20 Calendar Days of receipt of payment from the Agency for each month in which payments were made to each Subcontractor, Supplier, and each Supplier or service provider with estimated total payments for the Project over $10,000. At the completion of the Project, submit form 734-2882 recapping the total amounts paid to each Subcontractor and each Supplier or service provider with estimated total payments for the Project over $10,000.

The Contractor shall require each Subcontractor at every tier to comply with the requirement to submit form 734-2882 within 20 Calendar Days of receipt of payment from its controlling contractor and provide a recap of the total amounts paid at the completion of the Project or completion of their Work. Forms shall be submitted to an email address provided to the Contractor at the preconstruction conference.

00180.20(d) Disadvantaged Business Enterprise (DBE)

(REMOVE) Remove this subsection entirely.

00180.20(e) Trucking

(REPLACE) Replace the paragraph that begins "This Section does not apply to…" with the following paragraph:

This Section does not apply to delivery of Materials by or for or from a Supplier.

This Subsection applies to all truck hauling of materials not performed with trucks owned (or rented) and operated by the Contractor.

00180.20(e)(1) Trucking Services Agreement

(REMOVE) Remove the following bullet:

Statement specifying whether the services will be provided by a DBE

Addendum #3 – Job #900455 Page 5

00180.20(e)(2) Limitations

(REPLACE) Replace the paragraph that begins "The approved trucking services agreements…" with the following paragraph:

The approved trucking services agreements shall be used for all trucking services for hauling materials not provided by trucks owned (or rented) and operated by the Contractor. The Contractor shall execute a trucking services agreement with every trucking services provider for hauling materials prior to the trucking services provider doing any Work on the Project Site

00180.50 Contract Time to Complete Work

(h) Contract Time

(DELETE) (1) Complete all Work to be done under the Contract no later than April 6, 2026.

(ADD) (1) Complete all Work to be done under the Contract no later than Junel 5, 2026.

If you have questions about this addendum or the project, please contact Catherine Rohan at 541-682-8472 or crohan@eugene-or.gov.

All bidders shall acknowledge the receipt of and acceptance of this Addendum No. 3 by signing and submitting the signed Addendum with the bid. Bids submitted without this Addendum, or with the Addendum not signed, may be considered non-responsive according to 00120.70.

Doug Singer, P.E.

City Engineer

Receipt acknowledged and conditions agreed this day of , 2025.

Bidder: _____________________________

By: _____________________________

CAR

CAR

KM

KM

Doug Singer (Dec 10, 2025 13:43:29 PST) https://cityofeugene.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAEAj21BfRm90uFuBKqGdj-k8ZFQg3YxZc https://cityofeugene.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAEAj21BfRm90uFuBKqGdj-k8ZFQg3YxZc https://adobefreeuserschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAEAj21BfRm90uFuBKqGdj-k8ZFQg3YxZc

10-15-25 SP00028_SUSPENSION of DBE

SUSPENSION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE)

REQUIREMENTS EFFECTIVE 10/03/2025

In accordance with the Interim Final Rule, effective October 3, 2025 and published at 90 Fed Reg 47,969 (2025), modifying the certification, compliance and reporting requirements of the Disadvantaged Business Enterprise program (DBE IFR), ODOT’s DBE requirements that were applicable to federally funded projects prior to the 10/03/2025 effective date of the rule are no longer in effect, and the associated DBE contractual requirements have been suspended pending implementation of the DBE IFR. Contractor will cooperate in processing any contractual revisions ODOT deems necessary or appropriate to effectuate the updated DBE Program requirements that may result from the DBE IFR implementation.