900455 contract and bonds.pdf

BID NO. 18

INVITATION TO BID

Notice is hereby given that the City of Eugene, Oregon will receive electronic bids until Thursday, October 30, 2025, until the

Bid Closing time of 2:00 p.m. on OregonBuys at the website https://oregonbuys.gov/bso. The Bid Opening will be virtual at 2:05 p.m., on Thursday, October 30, 2025, by Microsoft Teams, at which time and place those Bids will be opened and read.

Bidders will be able to attend the bid opening by accessing the web version on Teams at: Click here to join the meeting

Project: Regional Bicycle Enhancements Eugene 2024 Federal Aid Project: 2385(129) ODOT Key No: 22338

900455 1 LS Mobilization; 1 LS Temporary Work Zone Traffic Control, Complete; 1 LS Pollution Control Plan; 96

EA Bicycle Racks (Purchase & Installation)

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

Plans and Specifications may be obtained online from the OregonBuys website. (See 00110.05(e)).

The Agency reserves the right to issue Addenda making changes or corrections to the Plans, Specifications or quantities. The

Agency will provide Addenda only by publishing them on the OregonBuys website. (See 00110.05(e)). No additional notification of addendum issuance will be provided.

Submit bids to Jenifer Willer, City Engineer as follows:

Bids shall be accompanied by a bid guarantee as described in 00120.40(e). Filing of a qualification questionnaire before bidding will not be required. Contingent or conditional bids will not be considered for acceptance. No bid will be received or considered unless the bid contains a statement by the bidder that provisions of ORS 279C.800 to 279C.870. This project is a public works improvement project and is subject to ORS279C.800 to 279C.870 and Davis-Bacon Act.

Bidders are required to submit a first-tier subcontractor disclosure form, substantially as described in ORS 279C.370, within two working hours of the bid closing date and time.

No bid will be accepted by the City unless it contains a statement by the bidder as a part of the bid that the bidder in carrying out the contract will comply with all applicable laws.

The City of Eugene is an Equal Employment Opportunity and Affirmative Action Employer.

The policy of the City of Eugene is to provide equal opportunity for participation in its contracting activities to all persons and firms in compliance with applicable Federal and State laws, rules and regulations.

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.

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

This project involves less than $500,000 in federal assistance (including all phases), and thus “Buy America” and “Build America, Buy America” requirements are waived.

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.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWMwZmI4M2QtNjcxNS00NmM0LWFiOTYtMDcwYTA1MTdlNTA1%40thread.v2/0?context=%7b%22Tid%22%3a%220c0d3453-aa1d-41bc-8aa3-5c843d4ca0e8%22%2c%22Oid%22%3a%2207b0db61-40e9-448e-8a04-c2c00bd490bc%22%7d

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.

The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids or to waive any specification or requirement upon a finding of the City that it is in the public interest to do so.

For more information regarding this project, contact Catherine Rohan 541-682-8472 or crohan@eugene-or.gov.

Dated this 9th day of October, 2025

Jenifer Willer, PE

City Engineer

Public Improvement Contract for Use with Oregon Standard Specifications – Page 1 (Revised August 2024)

PUBLIC IMPROVEMENT CONTRACT FOR USE WITH

OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION

(SAMPLE)

BETWEEN: The City of Eugene, an Oregon

Municipal Corporation (City)

AND: (Contractor)

CONTRACT NO.:

JOB NO.:

PROJECT:

900455

REGIONAL BICYCLE ENHANCEMENTS EUGENE 2024

FEDERAL AID PROJECT #2385(129) ODOT KEY NO: 22338

RECITALS

Contractor was the successful bidder for the contract for the construction of the public improvement project described in the plans and specifications for the project that were included in the bid documents and the 2024 Oregon Standard Specifications for Construction, issued by the Oregon Department of Transportation, as modified by the City’s Amendments to the Specifications for the Project and any other Supplemental Specifications and Special Provisions included in the Bid Documents (all specifications, plans, Standard Drawings, Supplemental Specifications and Special Provisions included in the Contract are collectively referred to herein as the “Specifications”) which form a part of the Contract.

AGREEMENT

1. The Contract. The Contract between the City and Contractor (the “Contract”) includes this Document and its exhibits, together with all of the documents and materials included in the definition of the “Contract Documents” in 00110.20 of the Specifications. In addition, the Contract between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract documents.

This Document includes and incorporates the following Exhibits:

Exhibit A - Solicitation Documents

2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms which are not proper nouns shall have the meanings assigned thereto in the Specifications.

3. Project. The project is generally described as:

REGIONAL BICYCLE ENHANCEMENTS EUGENE 2024

FEDERAL AID PROJECT #2385(129) ODOT KEY NO: 22338

4. Work to be Performed. Contractor agrees to furnish, as the “Work,” all services, labor, materials and equipment which are described as Contractor’s responsibility in the Specifications, as the same may be modified in accordance with the Contract, and to construct the improvement described therein (the “Project”), all according to the provisions of the Contract. All parts of the Work are the sole responsibility of Contractor.

Public Improvement Contract for Use with Oregon Standard Specifications – Page 2

5. Time of Commencement and Completion. Time is of the Essence of the Contract. The time in which Contractor shall commence, prosecute and complete the Work is described in Section 00180 of the Specifications.

6. Contract Amount. The Contract Amount is $__________ and consists of unit prices bid by

Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on Contractor’s Bid attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders and adjustments made in accordance with the Specifications.

Payment will be made as provided in the Specifications.

7. Statement of Compliance. Before any payment is made to Contractor, Contractor shall file with City a statement, under oath, that it has complied with all provisions of State law governing contractors on a public contract for a public improvement and for a public works project and that it has complied with the provisions of The Eugene Code, 1971 governing fair employment practices.

7.1. Contractor shall file with City all other documentation relating to such compliance, including a sworn statement by each of its subcontractors to the same effect.

7.2. During the performance of the Contract, Contractor agrees as follows:

7.2.1. Contractor and each subcontractor agrees that it will not discriminate against any employee or applicant for employment because of an individual’s race, religion, color, sex, national origin, marital status, familial status, age, sexual orientation or source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an individual is a person with a disability which, with reasonable accommodation by the employer does not prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonably necessary to the normal operation of the employer’s business.

7.2.2. Contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative action plan to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

7.2.3. Contractor and each subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this nondiscrimination clause.

7.2.4. Contractor and each subcontractor shall, prior to commencement and during the term of the contract, provide to the City such documentation, and permit any inspection of records as may be required or authorized by rules adopted by the city manager to determine compliance with paragraph 7.2.1.

7.2.5. If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of The Eugene Code, 1971 there is reasonable cause to believe that Contractor or any subcontractors of Contractor have failed to comply with any of the terms of paragraphs 7.2.1 or 7.2.2, a determination thereof shall be made in accordance with the adopted rules. Such determination may result in the suspension, cancellation or termination of the Contract in whole

Public Improvement Contract for Use with Oregon Standard Specifications – Page 3 or in part and/or the withholding of any funds due or to become due to Contractor, pending compliance by Contractor and/or its subcontractors, with the terms of paragraphs 7.2.1 and 7.2.2.

8. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend

(with counsel approved by City) and hold harmless the parties as described in 00170.72 of the Specifications.

9. Insurance. Contractor shall maintain in force for the duration of the Contract the insurance coverages specified in 00170.70 of the Specifications. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Work. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon and shall contain an endorsement entitling City to not less than 30 days prior written notice of any material change, nonrenewal or cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase Contractor's coverages by the amount of the statutory limit increase for such claims and to increase the aggregate coverage by an amount that is twice as large as the statutory increase. The adequacy of all insurance required under the Contract shall be subject to approval by City's Risk Manager.

Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City.

10. Performance and Payment Bonds. Prior to the commencement of the Work, Contractor shall provide good and sufficient performance and payment bonds as described in 00130.40 of the Specifications for approval by City and in the form of the bonds included in the Solicitation Documents.

11. Termination and Suspension. City may terminate the Contract or suspend the Work at any time as provided in 00180 of the Specifications.

12. Preference for Goods and Services.

12.1. Contractor shall use recycled products to the maximum extent economically feasible in the performance of the Work. Recycled products include all materials, goods and supplies, not less than 50% of the total weight of which consists of secondary and post consumer waste with not less than 10% of its total weight consisting of post consumer waste, as well as any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise refurbished for reuse without substantial alteration of the product's form.

13. Nonresident Contractors.

13.1. When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.

13.2. As used in this paragraph, “nonresident contractor” means a contractor that: (A) has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, (B) does

Public Improvement Contract for Use with Oregon Standard Specifications – Page 4 not have a business address in this state and (C) stated in the bid for the contract that it was not a “resident bidder” under ORS 279A.120.

14. Default; Remedies. Upon Contractor’s default or if in the public interest, City may terminate the Contract and take all other remedial actions available to City, as further specified in the 00180.90 of the Specifications. Without limiting the City’s right to disqualify Contractor pursuant to ORS279C.440, if Contractor willfully violates any of the provisions of sections EC 4.615 to 4.650 of The Eugene Code, 1971 or any of the provisions of State law or City’s administrative rules governing public contracts, or if Contractor knowingly files false affidavits or certificates of compliance required under the Contract, Contractor shall waive for a period of one year any right to bid upon any public improvement project let by City. City's claims for damages and any other equitable relief available to City resulting from Contractor's breach shall survive a termination of the Contract.

15. Liquidated Damages. In the event the Work is not completed within the contract time as specified in the Contract, Contractor shall pay to City liquidated damages, as further specified in 00180.85 of the Specifications.

16. Notices. Any written notices permitted or required by the Contract shall be delivered according to 00150.30 of the Specifications to the attention of the representatives of the parties set for below:

Contractor: ___________ Telephone:

Facsimile:

City: Jenifer M. Willer, City Engineer

City of Eugene 180 W 8th Avenue, Suite 200 Eugene, OR 97401

Telephone: 541-682-5291 Facsimile: 541-682-8410 Email: jwiller@eugene-or.gov or such other address and/or numbers as either party may provide to the other by notice given in accordance with this provision.

17. Contract Documents; Interpretation. Where possible, all parts of the Contract shall be interpreted in a manner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the discrepancy will be resolved in the order of precedence in

00150.10 of the Specifications.

18. Governing Law. The Contract shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. If Federal funding is included in the Contract, applicable Federal requirements govern in the event of conflicts among Federal, State and local laws.

19. Dispute Resolution.

19.1. Disagreements; Protests; and Claims. All disagreements, protests and claims relating to the Contract, including claims for additional compensation and time for

Public Improvement Contract for Use with Oregon Standard Specifications – Page 5 performance and completion of the Work, shall be resolved in accordance with section 00199 of the Specifications.

19.2. Construction of Contract. The Contract shall not be construed against either party regardless of which party drafted it. Other than as modified by this Document, the applicable rules of contract construction and evidence shall apply.

19.3. Forum. Any dispute between the Agency and the Contractor that arises from or relates to this Contract and is not resolved under the provisions of 00199 of the Specifications, shall be brought in the forum described in 00170.00.

20. Third Party Beneficiaries. The parties to the Contract do not intend to confer on any third party any rights under the Contract, except as otherwise described in 00170.79 of the Specifications. All Subcontractors are third parties.

21. Survival. Any obligation arising under the Contract which is not, or cannot be performed or paid prior to the expiration or termination of the Contract, including, but not limited to, all provisions concerning the quality of the Work, warranties and obligations for payment, indemnification, and reimbursement, shall survive termination or expiration of the Contract.

22. Integration; Amendment. The Contract includes the entire agreement between the parties as of its date of execution and shall not be modified or amended, except as expressly provided in the Contract.

23. Any person who believes that they have been excluded from participation in, denied benefits or services of any program or activity administered by the City, consultants, or contractors on the basis of age, disability, gender, race, color, national origin, age, income status and/or religion may bring forth a complaint of discrimination under Title VI and related statutes to the Office of Human Rights & Neighborhood Involvement, 99 W 10th Avenue, Eugene, Oregon 97401, (541)682-5177, or when federal FHWA funding is included in the project, to the Oregon Department of Transportation, Office of Civil Rights MS 23, 3930 Fairview Industrial Drive SE, Salem, Oregon, 97302, (503) 986-4350.

24. Effective Date. The effective date of the Contract shall be the latest date of signature by the parties, below.

CITY OF EUGENE CONTRACTOR

By: _______________________________ By: _________________________

(signature) (signature)

Sarah Medary City Manager

Date: _______________________________ Date: __________________________

PERFORMANCE BOND

SAMPLE

BOND NO. ________________________

KNOW ALL MEN BY THESE PRESENTS, That we________________________________________________, as principal, and ___________________________________________________________, as Surety, are jointly and severally held and bound unto the CITY OF EUGENE, the STATE OF OREGON and the OREGON DEPARTMENT OF TRANSPORTATION in the sum of: $______________ for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or successors and assigns, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH that, whereas the said principal herein has made and entered into a certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with the applicable Plans, Specifications, and Schedule of Items, is by this reference made a part hereof, whereby the said principal agrees to do in accordance with the certain terms, conditions, requirements, Plans and Specifications which set out in said Contract and all authorized modifications of the Contract which increase the amount of the Work and the amount of contract. Notice to the Surety of any of the immediately foregoing are waived.

NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the said contract, in all respects, and shall well and truly and fully do and perform all matters and things by him undertaken to be performed under said contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the contract, and shall indemnify and save harmless the CITY OF EUGENE, the STATE OF OREGON, the OREGON TRANSPORTATION COMMISSION, the OREGON DEPARTMENT OF TRANSPORTATION, and their respective officers, members, employees, and agents, against any direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said Contract by the said Contractor or its Subcontractors and shall in all respects perform said Contract according to law, then this obligation is to be void, otherwise to remain in full force and effect.

Nonpayment of the bond premium will not invalidate this bond nor shall the CITY OF EUGENE be obligated for the payment thereof.

WITNESS our hands this __________ day of __________________________________, 20 ________

Principal Principal

By ___________________________________ By ________________________________ Authorized Official Signature Authorized Official Signature

Surety ________________________________ By ________________________________ Attorney-in-Fact By ___________________________________ Agent (A Power of Attorney for the Attorney-in-Fact must be attached to this Bond)

Surety's Seal must be Affixed

PAYMENT BOND

SAMPLE

KNOW ALL MEN BY THESE PRESENTS, that we _________________________________________________, as principal, and ________________________________________________________________, as Surety, are jointly and severally held and bound unto the CITY OF EUGENE, the STATE OF OREGON and the OREGON DEPARTMENT OF TRANSPORTATION in the sum of: $__________________ (_______________________________________________________________________) for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or successors and assigns, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH that, whereas the said principal herein has made and entered into a certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with the applicable Plans, Specifications, and Schedule of Items, is by this reference made a part hereof, whereby the said principal agrees to do in accordance with the certain terms, conditions, requirements, Plans and Specifications which set out in said Contract and all authorized modifications of the Contract which increase the amount of the Work and the amount of contract. Notice to the Surety of any of the immediately foregoing are waived.

NOW, THEREFORE, if the principal herein shall make payment promptly, as due to all Subcontractors and to all persons supplying to the Contractor or its Subcontractors, Equipment, supplies, labor or Materials for the prosecution of the Work, or any part thereof, provided for in said Contract, and shall pay all contribution of amounts due its workers compensation carrier and the State Unemployment Compensation Trust Fund from such Contractor or Subcontractors incurred in the performance of said Contract, and pay all sums of money withheld from Contractor's employees and payable to the Revenue Department; and shall pay all other just debts, dues and demands incurred in the performance of the said Contract and shall pay the CITY OF EUGENE such damages as may accrue to the City under said Contract, then this obligation is to be void, otherwise to remain in full force and effect.

Nonpayment of the bond premium will not invalidate this bond nor shall the CITY OF EUGENE be obligated for the payment thereof.

WITNESS our hands this __________ day of __________________________________, 20 ________

Principal Principal

Surety ________________________________ By ________________________________ Attorney-in-Fact By ___________________________________ Agent

(A Power of Attorney for the Attorney-in-Fact must be attached to this Bond)

Surety's Seal must be Affixed