ITB 23-027 DW Admin Bldg Roof Repaint - Instructions For Bidders - Part 1-4 with Exhibits - Final.pdf

SALEM AREA MASS TRANSIT DISTRICT (SAMTD)

Del Webb Administration Building Roof Repainting ITB No. 23-027

SALEM AREA MASS TRANSIT DISTRICT

INVITATION TO BID

ITB 23-027

DEL WEBB ADMINISTRATION BUILDING ROOF REPAINTING

Date Issued: May 25, 2023 Pre-Bid Conference: *Non-Mandatory* June 6, 2023 11:00AM PM PDT (Crater Lake Conf. RM) Requests for Question Deadline: June 8, 2023 4:00PM PDT Response to Questions: June 13, 2023 5:00PM PDT Bid Closes & Responses Due: June 21, 2023 4:00PM PDT

Project Manager: Gregg Thompson, Maintenance Manager

Procurement Contact Daniel M. Knauss, Procurement & Contracts Manager

Submit Bid: Salem Area Mass Transit District Procurement & Contracts Department 555 Court Street NE, Suite 5230 Salem, Oregon 97301 Email: procurement@cherriots.org mailto:procurement@cherriots.org

TABLE OF CONTENTS

ITB 23-027

SECTION NO OF PAGES

1. ITB COVER PAGE ……………………………………………………………………… 1

2. TABLE OF CONTENTS……………………………………………………………………1

3. PART 1 - INSTRUCTIONS FOR BIDDERS … .……………………………………..… 9

4. PART 2 – SCOPE AND SPECIFICATIONS …………………………….…..….…..…..4

5. PART 3 - EXHIBITS #1-14 – BID FORMS .……………………...………………...…. 18

6. PART 4 – EVALUATION OF BIDS ………... ……………………………………………1

7. EXHIBIT A – FTA CONTRACT CLAUSES ….………………………. ………………..28

8. EXHIBIT B – SAMPLE CONTRACT…………..……………………..………………… 20

PART 1

INSTRUCTIONS FOR BIDDERS

ITB No. 23-027

Issue Date: May 25, 2023 Bid Close Date: June 21, 2023 Time: 4:00 PM PDT

SAMTD OVERVIEW

Salem Area Mass Transit District (SAMTD) is the public transportation agency operating fixed-route, regional express, and paratransit service in the urban growth boundary of the Salem-Keizer area, as well as Marion and Polk counties. SAMTD services include Cherriots Local, Cherriots Regional, Cherriots LIFT (paratransit service), Cherriots Shop and Ride, Travel Training, and Transportation Options, which promotes additional services such as carpool and vanpool matching.

SAMTD operates 64 Regional Buses, 43 paratransit buses (Cherriots LIFT), 15 regional buses (Cherriots Regional), and five shopper shuttles. Most SAMTD services operate seven days a week.

SAMTD Locations:

Administrative Offices General Manager, Community Relations, Finance, Transportation Development, Human Resource, and part of the Operations departments are located at:

555 Court St N.E., Suite 5230, Salem, OR 97301

Operations, Contracted Services, and Maintenance Del Webb Facility 3140 Del Webb Ave, Salem, OR.

The Del Webb facility also includes the parking area for buses not in service.

Keizer Transit Center 5860 Keizer Station Blvd., N.E.

Keizer, OR 97303

SECTION 1: INTRODUCTION

SAMTD is soliciting bids to provide services to clean and repaint a metal roof at our Del Webb facilities.

The Successful Bidder shall be licensed by the State of Oregon to do the work and provide the systems required under this solicitation and resultant contract.

All items or services to be furnished hereunder shall meet all applicable state and federal requirements of the Occupational Safety and Health Standards.

Contractor shall obtain and maintain in current status all applicable permits and licenses.

For Specifications for this project, please see PART 2 of this ITB.

SECTION 2: PROJECT MILESTONES

• Notice to Proceed to successful contractor: June 28, 2023 (estimate)

• Substantial Completion: July 19, 2023 (estimate)

• Final Completion and Acceptance: July 28, 2023 (estimate)

SECTION 3: INSTRUCTIONS TO BIDDERS

1. A. Bid Submission Requirements

Responses shall be submitted in a sealed envelope / container to the following address and clearly marked “ITB 23-027 Del Webb Administration Building Roof Repainting”.

Bids must be submitted as follows:

1. One (1) original and one (1) copy of the response and bid documents. One (1) copy must be unbound for ease of photocopy reproduction. (See alternate delivery methods under Covid-19 Considerations below)

2. One (1) electronic PDF format version of the response and bid documents on a USB flash drive.

3. Digital signatures on forms are permitted.

4. Submit with a cover letter to:

Daniel M. Knauss Procurement & Contracts Manager Salem Area Mass Transit District 555 Court St., NE Suite 5230 Salem, Oregon 97301 procurement@cherriots.org

5. In the event of any conflicts between the hard copy and the electronic copy, the hard copy will prevail.

6. COVID-19 Considerations:

An email submission with electronic signatures submitted on or before the bid close date and time will be accepted and considered a timely response to our solicitation.

SAMTD will also accept an electronic formatted version (thumb drive preferred) of the bid documents, which are received at the SAMTD office on or before the bid close date and time, and this submission will also be accepted and considered a timely response to our solicitation.

Additionally, SAMTD will also accept hard copy bids that are received on or before the bid close date, however an electronic formatted version is also required. Bids delivered via US Mail can continue to be sent to the address identified in the solicitation.

Bids must be received by SAMTD by 4:00 p.m., Pacific Time, June 21, 2023. Late submittals will not be considered.

B. Accommodation For People With Disabilities - People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, Braille, etc.) need to contact SAMTD seven (7) working days prior to the scheduled bid opening.

C. Exceptions / Modifications To Drawings And Specifications - Bidders may not take exception to, or modify any part of, the Drawings or Specifications.

D. Right of Rejection / Cancellation and Irregularities - SAMTD reserves the right to reject any or all bids, or part thereof, to accept one or more items of a bid without obligation as to other items.

SAMTD reserves the right to cancel this ITB / solicitation at any time without liability prior to execution of a contract by SAMTD if it is in SAMTD’s or the public's best interest and is not liable for any costs the firm incurs while preparing or presenting the bid. All bids will become part of the public file without obligation to SAMTD. SAMTD enforces the right to wave irregularities anytime through the solicitation process.

E. Late Bids - Bids submitted or received after the date and time indicated herein will not be accepted.

Requests for extensions of the bid closing date or time may be requested prior to the deadline for receipt of Bidder questions noted above. Timely requests will be considered, but SAMTD reserves the right to extend the due date or decline to extend the due date at its sole discretion.

F. One Bid; Partial Bids – A Bidder may not submit more than one (1) bid in response to this solicitation. No partially completed bids will be accepted and will be rejected if not properly completed based on the solicitation guidelines.

G. Single-Bidder Responsibility - Single- Bidder responsibility is required under this ITB. Each

Bidder responding to this ITB must bid all professional services/goods and provide all materials, equipment, supplies, transportation, freight, special services, and other work described or otherwise required herein for each project task.

H. Withdrawal or Modification of Bids – Bids shall not be modified after the due date and time for bid submittal. Bids may be withdrawn by Bidder before bid due date and time as specified within this solicitation.

I. Requests for Clarification or Modification - All requests for clarification or modification of the ITB shall be made in accordance with Section 3, 13 of this ITB. All requests submitted prior to the deadline for receipt of questions shall be responded to and made available to all interested bidders.

Where applicable, Bidder are required to provide the value of each proposed modification and a brief explanation as to why the change is requested. Value shall be defined as any cost or savings to SAMTD and the advantage to SAMTD of the proposed change.

J. Required Forms: If a form does not apply to your business or bid, please mark the form “Not Applicable.” Sign and date each form. Some forms may require notarization. Failure to complete all forms will result in your Bid being ruled nonresponsive. Nonresponsive Bids will not be evaluated or awarded a contract.

K. Addenda - Modifications to this ITB shall be made only by addenda posted to the OregonBuys site.

Verbal, faxed, or e-mailed instructions, interpretations, and changes shall not serve as official expressions of SAMTD and shall not be binding. All cost adjustments or other changes resulting from said addenda shall be taken into consideration by Bidders and included in their bids. All addenda issued by SAMTD (posted to OregonBuys site) shall be acknowledged by Bidder on the Acknowledgement of Addenda form.

L. Experience and Qualifications (Requirement)– Bidder must demonstrate to the satisfaction of SAMTD that they possess the qualifications, experience, skill, licenses, necessary facilities, and financial resources required to perform the contract services in a satisfactory manner and within the required time.

1. Introduction or Cover Letter: Provide a brief introduction of the Bidder, and/or an introduction of all members who may be involved in the contract resulting from this ITB.

Describe primary business experience of the Bidder, length of time in business, organizational structure, size, capabilities, financial ability of bidder to fulfill obligations of resultant contract award, ownership, the location of office(s), telephone number, email address, web-address, and any other information that the bidder deems pertinent and introductory in nature.

2. Qualifications of Bidder: The Bidder shall describe its knowledge and past project experience relevant to SAMTD’s needs as listed in the Scope and Specifications in PART 2 of this ITB, including the Bidder’s direct experience on projects of similar size, scope and complexity.

M. Ambiguity in Specifications - Bidders shall promptly notify the SAMTD Procurement Manager at the address listed in Section 3, 1.A of this ITB, of any ambiguity, inconsistency, or error that they may discover upon examination of the bid documents.

N. DBE(Disadvantaged Business Enterprise): SAMTD has an overall agency goal of

2.49 percent for the utilization of DBEs using race neutral means. SAMTD strongly encourages and expects Bidders to pursue subcontracting, mentoring, joint venturing, teaming, and partnering opportunities with DBE firms in the ordinary course of its business/teaming strategies.

Bidders are encouraged and expected to create a level playing field to the maximum practical extent, consistent with the objectives and requirements of the SAMTD DBE Program, which is based on federal regulations codified at 49 CFR Part 26. The DBE participation goal applies to the total value of the contract including the results of all pre-award negotiations and post-award change orders/modifications. SAMTD’s DBE Program and Policy may be accessed at www.Cherriots.org/en/about-us/procurement.

O. Substitution of Materials: BASE BID MUST BE BASED UPON SPECIFIED MATERIALS.

Substitution of materials from those specified must be requested in accordance with the detailed requirements found in the Project Specifications. For the substitutions to be considered the Bid Form must be accompanied by an alternate price and a detailed description, with drawings and manufacturer’s written specifications as may be necessary, on a separate form which fully describes the proposed alternate methods and materials.

P. Contractor’s License Law & Bond Requirements: Bidder shall comply with, and require all of their subcontractors to comply with Federal, State, County, and City contractor’s licensing laws, and be duly registered and licensed thereunder. Bidder shall provide a performance bond and a labor and material payment bond, each in the amount of (100%) of the subcontract price unless otherwise noted in the individual bid package.

Note: A Performance Bond and a Payment Bond is not required for this solicitation - ITB 23-027.

Q. Solicitation and Attachments – The Solicitation and any attachment or exhibit to this ITB will be incorporated into and made a part of the resulting Contract. In the event of a conflict between the http://www.cherriots.org/en/about-us/procurement provisions contained in the body of this ITB, the solicitation, and any attachment or exhibit, the terms in the body of the resulting Contract will control.

R. Waiver of Liens: The Bidder is responsible for the payment of all bills for labor and materials furnished by, or to, their subcontractors and itself. Upon presentation of the billing, subcontractor shall certify that they are submitting such lien waivers for all of their lower tier subcontractors and material suppliers that have furnished services or materials for the previous billing period. A Bond in lieu of Waivers will not be satisfactory.

S. Subcontractor’s Agreement: In submitting this bid, the Bidder hereby agrees, if awarded a Contract, to enter into and execute SAMTD’s standard form of contract agreement.

T. Value Engineering: Base bid MUST be based upon specified materials. However, bidders are encouraged to submit value engineering cost bids for Owner/Engineer review. These items can be submitted on the Bid Form and clearly marked “Value Engineering Ideas”.

U. Protest: Duty to Exhaust Local Procedures. Once the Contractor exhausts SAMTD’s protest procedures, as described in applicable SAMTD Procurement Policy, the Contractor may request review from the FTA. Protests shall only be accepted from participating bidders and must be submitted in writing and in a timely fashion, in accordance with SAMTD’s formal protest procedures. SAMTD’s formal protest procedures may be requested by contacting SAMTD Procurement by telephone at 503-588-2424.

V. Certification: By submitting its bid, bidder certifies that it is in compliance with the State of

Oregon statutory requirements governing registration of corporations and/or assumed business names. Further, by submitting its bid, bidder certifies that it is, and that its subcontractors are, in compliance with the State of Oregon statutory requirements governing registration of with the Oregon Construction Contractors Board.

2. PREPARATION OF BIDS:

A. Bids must be:

i. Submitted on the Bid forms, or copies of forms, furnished by SAMTD, and

ii. Signed. If the Bid is made by a corporation, it shall be signed by the corporation’s authorized designee.

iii. The address of the Bidder shall be typed or printed on the Bid in the space provided.

B. The bid may require bidders to submit prices for one or more items, including: (1) lump sum bid; (2) lump sum bid alternate prices; (3) unit prices; or (4) any combination of items (1) through (3) above.

C. SAMTD requires bids on all items (including alternates and unit prices). Failure to do so may disqualify the bid. If bid on all items is not required by the specific bid package documents, bidders should insert the words “NO BID” in the space provided for any item on which no price is to be submitted.

D. Bidder’s MUST comply with the requirements in the Bid Documents. Modifying the bid forms, conditioning or limiting the bid, or offering to perform work not requested by the Bid Documents may disqualify the bid.

3. BASE BID

The Bidder agrees to hold all pricing for period of one-hundred twenty (120) days from the date of the bid opening.

4. ADDITIVE OR DEDUCTIVE BID ITEMS

The bidder agrees to hold all alternate and unit prices for ninety (90) days from the date of the bid opening.

5. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

By submitting this bid, the Bidder acknowledges that it has taken steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to: (1) conditions bearing upon transportation, and disposal, handling, and storage of materials; (2) the availability of labor, material, equipment, water, electric power, and roadways; (3) uncertainties of weather, river stages, tides, ground water, or similar climatic and/or physical conditions that may have impact on the site; (4) the conformation and conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during the work; (6) compliance with the project quality control program; and (7) compliance with the Bidder’s safety plan as approved by SAMTD, and all applicable Occupational Safety and Health Administration (OSHA) regulations.

The Bidder also acknowledges that it has satisfied itself as to character, quality, and quantity of materials or obstacles to be encountered insofar as the information is reasonably ascertainable from an inspection of the site, as well as from the drawings, specifications and reports issued with this proposal package and to be made a part of this contract. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work.

6. BID AMOUNT

The Bidder acknowledges that the details of the specifications accurately reflect the Scope of the Work on which the Bidder is submitting its bid. Bidders should base their bid amounts on the following elements:

A. All labor, material, equipment, overhead, and compensation to complete all of the work under each particular heading as shown in the Bid Documents at the time of bid.

B. SAMTD is not subject to taxation; no federal or other taxes (excise, luxury, transportation, sales, etc.) shall be added to bid amount.

7. BID RESULTS

Following the issuance of the Notice of Intent to Award of any resulting Contract, SAMTD will provide the following information to interested parties upon request:

A. The number of bids SAMTD received;

B. The name of the successful Bidder; and C. The total resulting contract price, including descriptions of items, quantities, and unit prices, if practical.

SAMTD will attempt to give notice under this paragraph promptly after the Notice of Intent to Award a contract. SAMTD’s failure to give such notice shall not be deemed to affect the validity of the resulting contract.

8. CONTRACT AWARD

A. RESPONSIVENESS OF BIDS

A bid will be considered responsive if it meets the following requirements:

1. Is received at the proper date and time.

2. Meets the stated requirements of the bid form.

3. Exhibits 1-14 are completed and returned with the bid.

4. The Contractor is licensed/registered within the State of Oregon at the time of bid opening and is not banned from proposing by the Bureau of Labor and Industries.

5. The bid is accompanied by a bid guarantee, if required.

6. Complies with the State of Oregon and Federal requirements as applicable.

7. Demonstrated ability to comply with schedule.

8. Demonstrates performance of similar projects relative to size, schedule, etc.

9. Demonstrates the management resources and financial capacity to effect performance of the work.

B. APPARENT LOW BIDDER

The apparent low bidder, for purpose of award shall be the lowest responsive and responsible Bidder inclusive of additive or deductive bid alternates, meets the minimum specifications identified in the scope, meets the delivery requirements, and within the funds available for the project.

C. BID SELECTION PROCESS

It is intended that one contract be awarded to the responsible, responsive Bidder whose bid SAMTD determines in writing is the most advantageous to SAMTD in accordance with Part 2 of this solicitation.

D. EFFECTIVE DATE OF THE CONTRACT

SAMTD will notify the successful bidder and provide the successful bidder with a written Notice of Intent to Award a Contract. The successful bidder shall return a signed copy of the Contract as well as all other documents required to be signed or provided such as bonds, insurance certificates, etc. The Contract will only become effective when all parties sign the contract and the Bidder provides all other documents required to be signed or provided such as bonds, insurance certificates, etc. Work performed and all costs incurred prior to SAMTD signature shall be the sole responsibility of the bidder.

E. PAYMENT AND PERFORMANCE BONDS

Bidders must provide bid, payment and performance bonds in their base price (if applicable). Where indicated on the Bid Form and according to the Bonding Requirements attached hereto provide a Deduct for removing requirements from Contract.

1. Bid Bond Requirements (Construction)

Not required for this solicitation

2. Performance and Payment Bonding Requirements Not required for this solicitation

F. PROMPT PAY ACT

All bidders must comply with the Prompt Payment Act, if selected. Failure to do so will be considered a material breach of contract.

9. MINIMUM WAGE AND PREVAILING WAGE REQUIREMENTS

Compliance with requirements of the prevailing wage law in ORS 279C.800 through ORS 279C.870 is required.

The Davis Bacon Wage Act and the Oregon BOLI January 1, 2023 for Region 3 – Marion, Polk, and Yamhill Counties rates apply. If the BOLI rates have been revised and updated at time of contract award, the then current BOLI rates will apply.

The higher of either the Federal or State applicable rate as of that date prevails and these shall be the wage rates to be paid for the duration of the Project.

10. APPLICABILITY OF RESULTING CONTRACT

The Oregon Standard Specifications for Construction General Conditions - 2022, will be incorporated by reference into the successful proposer’s contract. All bidders represent that they are familiar with the terms of this document and that they will cooperate with SAMTD in all respects to achieve compliance with the resulting Contract.

11. BID DOCUMENTS

The following documents form a part of and are included in the Bid Documents:

A. Bid Solicitation Documents Complete.

B. Scope, Drawings, and Specifications for the Project.

C. Project Schedule Milestone Dates.

12. SCHEDULE OF BID PROCEDURES

The anticipated project procurement timetable is as follows for Bid Solicitation ITB 23-027 Del Webb Administration Building Roof Repainting:

Date Issued: May 25, 2023 Pre-Bid Conference:*Non-Mandatory* June 6, 2023 11:00AM PDT (Crater Lake Conf. Rm.)

Requests for Question Deadline: June 8, 2023 4:00PM PDT Response to Questions: June 13, 2023 5:00PM PDT Bid Closes & Responses Due: June 21, 2023 4:00PM PDT

13. QUESTIONS, CLARIFICATIONS AND CHANGES TO ITB

SAMTD reserves the right to make changes to the ITB. All changes to the ITB, prior to the receipt of Bids, shall be electronically distributed through addendum. Failure to acknowledge receipt of an addendum may cause a bid to be rejected as non-responsive. Following receipt of a Bid, any changes to SAMTD’s ITB will be conveyed in writing by SAMTD to the Bidder determined to be in the competitive range.

Bidder may submit questions, request clarification, or request a change to the ITB by submitting a written request to Daniel Knauss, Procurement & Contracts Manager at the address set forth above in Section 3, 1.A.(4) or via email procurement@cherriots.org. The request shall specify the provision of the ITB in question, and, if a change is requested, contain an explanation for the requested change. Where applicable, the Bidder is required to provide the value of each proposed modification and a brief explanation as to why the change is requested. Value shall be defined as any cost or savings to SAMTD and the advantage to SAMTD of the proposed change.

Questions, clarification requests, and /or ITB change requests must be received by June 8, 2023 at 4:00 PM Pacific Time.

SAMTD will evaluate any question or request submitted, but reserves the right to determine whether to respond or accept the requested change.

Bidders shall not rely on oral or written representations regarding this ITB unless issued in writing as an addendum by the SAMTD Procurement & Contracts Department.

14. PRE-BID CONFERENCE – NON-MANDATORY

A Pre-Bid Conference will be held on June 6, 2023 at 11:00AM. Contractors may attend in person or via Teleconference. Those who elect to participate via teleconference will be unable to participate in the site walk through to be held following the conference. Contractors who are considering bidding for this solicitation are strongly encouraged to attend. The on-site meeting location and Teleconference instructions are as follows:

On-Site Conference Location:

SAMTD - Del Webb Facility Crater Lake Conference Room 3140 Del Webb Ave.

Salem, OR 97302

To access via Teleconference:

meet.google.com/xhy-dkfv-uxv

To access via telephone:

(US)+1 304-306-0248

PIN: 283 337 045#

16. SITE VISITATION & VIEWING

Bidders may view the site areas where work is to be performed.

Bidders may submit requests to view the site where work is to be performed. Viewing may take place between the hours of 9:00AM – 3:00PM, Monday – Friday. Bidder must have an appointment scheduled in advance. If a Bidder arrives to view the site without a prior appointment, SAMTD may not accommodate the request. To schedule an appointment to view the site please contact:

Gregg Thompson, Maintenance Manager ……………….………… 503-361-7562

END OF PART 1

PART 2

SCOPE OF SERVICES AND SPECIFICATIONS

SAMTD is soliciting bids for a contractor to repaint the Del Webb Administrative building metal roof. The building is approximately 9,453 square feet. The building roof was last painted in 2012. There are sections of the roof paint that have moss growth and peeling paint, while other sections are in very good condition.

Note: SAMTD intends for the work to be completed within 30 days from an executed contract. Bidders should take this into consideration in their response.

Description

The bid shall include labor, materials, and services to perform the requirements below (Note – all product applications must following manufacturers recommendations and all safety precautions):

1. Preparation and painting of the existing metal roof.

a. Please provide information about accessing the roof for cleaning and priming, and painting without denting, damaging the roof.

2. Clean the metal roof and front fascia. Remove all loose and peeling paint Brushing may be sufficient to ensure dirt-free surface, however, follow primer and paint manufacturers recommendations for cleaning the roof prior to priming. Allow surface to dry thoroughly before applying primer.

3. Prime the metal roof and front fascia. The roof must be clean but dry and at the correct temperature for priming (50 to 90 degrees and preferably not in direct sunlight or over frosted or wet surfaces).

Primer must be brushed on seams and pushed up into the folds of the seams to ensure coverage.

The flats can be rolled or sprayed. In preparation for the paint apply one coat of Sherwin Williams Pro-Cryl Universal Acrylic Metal Primer or equivalent - color gray. Per manufacturers’ instructions.

4. Paint the metal roof with one top-coat of Sherwin William Sher-Cryl HPA or equivalent, in Color – Cedar Green (Pending Approval) per manufacturers’ instructions. Paint must be brushed on seams and pushed up into the folds of the seams to ensure coverage. The flats can be rolled or sprayed.

5. Provide for second coat top-coat if needed.

6. Clean out all gutters when completed.

7. Clean the exterior upper windows.

8. Warranty:

a. 4 year labor warranty

b. 2 year product warranty

** Pictures of building roof immediately follow this page **

Overhead View Of Building

North Side Of Building (1)

North Side Of Building (2)

Building From Street View

Side Of Building

END OF PART 2

PART 3

BID FORMS

EXHIBITS #1 – 14

SALEM AREA MASS TRANSIT DISTRICT EXHIBITS

The following items must be included in your bid in order to receive consideration. Failure to complete all forms included in this package may result in your bid being ruled nonresponsive. Nonresponsive bids will not be considered for a contract award. Please sign and date each form and/or certification and return with your bid.

Bidder Sample Invoice (Please provide)

Bidder Financial Statements (Reserved)

Exhibit #1 – Bid Form

Exhibit #2 – Acknowledgement of Addenda to ITB

Exhibit #3 – Non-Collusion Affidavit

Exhibit #4 – Organizational Conflict of Interest

Exhibit #5 - DBE Participation Commitment Statement

Exhibit #6 - DBE Letter of Intent

Exhibit #7 - DBE Affidavit

Exhibit #8 - DBE Unavailable Certification

Exhibit #9 - Contractor’s Representations & Warranties Certification

Exhibit #10 - Federal Debarment & Suspension Certificate

Exhibit #11 - Certification Regarding Lobbying (Reserved)

Exhibit #12 – Buy America Certification (Reserved)

Exhibit #13 – Price Bid Form

Exhibit #14 – References

EXHIBIT #1

BID FORM

The undersigned (“Bidder”), upon acceptance by SAMTD, agrees to furnish all labor, freight, transportation, materials, equipment, services, supplies, and other work in accordance with the Invitation for Bid (ITB) No. 23-027, entitled ”Del Webb Administration Building Roof Repainting,” as issued on May 25, 2023.

BIDDER: The undersigned certifies as follows:

1. That he/she has read and understands all requirements and specifications of the Invitation To Bid (including any exhibits also posted); and

2. That he/she agrees to all requirements, specifications, terms, and conditions of the bid referenced above; and

3. That he/she will furnish the designated item(s) and/or service(s) as quoted in the Bid; and

4. That he/she certifies under penalty of perjury that Bidder is, to the best of his/her knowledge, not in violation of any Oregon tax law; and

5. That his/her company has been certified as one of the following registered business classifications:

DBE ______ MBE _______ WBE _______ ESB _______ Veteran-Owned _______

Corporation ______ Other, identify:

Resident Bidder (Oregon): _____ Yes _____ No

6. Federal Tax I.D. Number:

Firm's Name:

Firm's Address:

Contact Person E-mail

Authorized Signature Date

Telephone Number Fax Number

Name of Project Manager and Title

7. Accounts Receivable Address, if different from above:

Bidder understands and agrees that, by his/her signature, if awarded the contract for the project, he/she is entering into a contract with SAMTD that incorporates the terms and conditions of the entire Request for Bid package.

Bidder understands that this bid constitutes a firm offer to SAMTD that cannot be withdrawn for ninety (90) calendar days from the date of the deadline for receipt of bids. If awarded the contract, Bidder agrees to deliver to SAMTD the required insurance certificates within ten (10) calendar days of the Notice of Award.

IMPORTANT: This form must be signed below by an authorized representative of the proposing firm, to authenticate the bid.

Authorized Signature: Date:

Printed Name:

Title:

EXHIBIT #2

ACKNOWLEDGMENT OF ADDENDA

The following form shall be completed and included in the Bid.

Failure to acknowledge receipt of all addenda may cause the Bidder to be considered nonresponsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Bid.

The undersigned acknowledges receipt of the following addenda to the documents:

Addendum No. Dated

Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated

Contractor Name:____________________________________________________

Signature of Authorized Representative:______________________________ ____

Printed Name:__________________________________Date:________________

Title/Position:_______________________ _______________

EXHIBIT #3

NON-COLLUSION AFFIDAVIT

I state that I am (the sole owner) (a partner) (an officer) (an agent) of ________________________, and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this offer.

I state that:

1. The price(s) and amount of this offer have been arrived at independently and without consultation, communication, or agreement with any other contractor, Bidder, or potential Bidder.

2. That neither the price(s) nor the amount of this Bid, and neither the approximate prices(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before the Bid opening/closing.

3. No attempt has been made or will be made to induce any firm or person to refrain from Proposing on this contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or competitive Bid or other form of complementary Bid.

4. The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other form of competitive Bid.

5. , its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to Proposing on any public contract.

I state that understands and acknowledges that the above representations are material and important, and will be relied on by Salem Area Mass Transit District in awarding the contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Salem Area Mass Transit District of the true facts relating to the submission of Bids for this contract.

Signed Date _____________________________

Printed Name and Title ____________________________________________________________

EXHIBIT #4

ORGANIZATIONAL CONFLICT OF INTEREST

AND AVOIDANCE / MITIGATION PLAN

This disclosure statement outlines potential organizational conflicts of interest, either real or apparent, which as a result of activities or relationships with other persons or entities, such person or entity:

1. Is unable or potentially unable to render impartial assistance or advice to Salem Area Mass Transit District;

or

2. Is or might be otherwise impaired in its objectivity in performing the contract work; or

3. Has an unfair competitive advantage.

SECTION I. List potential organizational conflicts of interest. An organizational conflict of interest exists where other activities, relationships, or contracts of a contractor inhibit, affect, or prevent the contractor from rendering impartial assistance or advice to SAMTD; a contractor's objectivity in performing the contract work is or might be otherwise impaired (e.g., a contractor assisting with a design might have a financial interest in a product or system that could be utilized in implementing that design); or a contractor has an unfair competitive advantage which might be gained through its involvement in writing, or reviewing the solicitation and contract documents, including the scope or specification except as part of a general industry review.

SECTION II of this disclosure statement describes the management plan for avoiding or neutralizing the potential Organizational Conflicts of Interest as described in SECTION I of this disclosure statement. I acknowledge that Salem Area Mass Transit District may require revisions to the management plan described in SECTION II of this disclosure statement prior to approving it, and that Salem Area Mass Transit District has the right, in its sole discretion, to limit or prohibit my involvement in the Project as a result of the potential conflicts of interest described in SECTION I of this disclosure statement.

SECTION Ia – Name of Person or Firm Potentially Conflicted SECTION Ib – Current Project Name and Scope of Work SECTION Ic – Future Project Name and Description of Potential Conflict of Interest SECTION II - Plan for Managing Potential Conflicts of Interest

Signed Date _____________________________

Printed Name and Title ____________________________________________________________

EXHIBIT #5

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION

COMMITMENT STATEMENT

AGENCY GOAL: 2.49%

SAMTD hereby notifies all Proposers that it is the policy of SAMTD to ensure nondiscrimination on the basis of race, color, sex, or national origin in the award and administration of contracts. Proposers are urged to obtain Disadvantaged Business Enterprise (DBE) participation on this project, although there is no specific DBE contract goal for this project. Proposers are encouraged to attend any pre-Proposal conferences held to better understand the project and better obtain participation of DBE contractors, as applicable.

DBE GOAL: Proposal documents for all Federal Transit Administration-funded projects must contain a DBE policy statement advising Proposers that, as required by the Federal Transit Administration, SAMTD has established an overall DBE goal, and that SAMTD is required to report its DBE participation to FTA each year. As such, SAMTD is required to request information from contractors in order to fulfill its reporting responsibilities.

The Proposer's total DBE goal is the sum of the Proposer's proposed commitment to the goals for disadvantaged and women-owned firms. Proposers will calculate single goal percentages using the Proposer's proposed total dollar amount commitment to each single goal, divided by the Proposer's total amount of Proposal dollars. Goals will be calculated to the nearest one-one hundredth (0.01) of a percent.

Proposers must indicate the total DBE goal they propose to achieve. Even if the assigned contract goals are zero (0) percent, Proposers must fill in all blanks related to the Proposer's contract goals. FAILURE

TO DO SO MAY RENDER THE PROPOSAL NONRESPONSIVE.

PROPOSER`S CONTRACT GOALS:

TOTAL DBE GOAL %

The Proposers shall list all DBE subcontractors and their intended function for each phase of this contract.

Monetary amounts shall be included beside each subcontractor that is identified to perform work on this contract. If there is no DBE participation, please note so in the space above.

By signing this statement, the Proposer assures that Good Faith Efforts have been made to meet the goal(s) for the DBE participation specified for this contract, and accepts the DBE Policy Statement on the next page.

Contractor Name:____________________________

Signature of Authorized Representative:____________

Printed Name:_______ Date:

Title/Position:

DISADVANTAGED BUSINESS ENTERPRISE POLICY STATEMENT

DBE POLICY: It is the policy of the United States Department of Transportation (DOT) and Salem Area Mass Transit District (SAMTD) that minority business enterprises, as defined in 49 CFR 26, shall have an equal opportunity to participate in the performance of contracts financed in whole or part with federal funds under this agreement. Consequently, the DBE requirements of 49 CFR 26 and FTA 4220.1F, as amended, apply to this agreement.

DBE OBLIGATION: SAMTD or its Contractor agrees to ensure that minority business enterprises, as defined in 49 CFR 26, have an equal opportunity to participate in the performance of contracts and sub-contracts financed in whole or in part with Federal funds provided under this agreement. SAMTD and its Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that disadvantaged business enterprises (DBE) have an equal opportunity to compete for and perform contracts. SAMTD and its Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts.

DBE APPLICABILITY: This applies to all projects and contracts financed by the Federal Transit Administration (FTA) or through the Oregon Department of Transportation (ODOT) without regard to the funding source. Recipients and Contractors shall conform to all applicable civil rights laws, orders, and regulations, including Section 504 of the Rehabilitation Act of 1973. Recipients and their Contractors shall not discriminate on the basis of race, age, sex, color, religion, national origin, mental or physical handicap, political affiliation, or marital status in the award and performance of ODOT contracts.

DBE CERTIFICATION: SAMTD will accept current certifications by the State of Oregon Office of Minority, Women and Emerging Small Business Enterprise Program (OMWESB). If a completed application for DBE certification has been submitted to the Office of Minority, Women and Emerging Small Business Enterprise Program (OMWESB) as of Proposal opening but has not been processed, the District may count the applicant’s participation toward achieving the DBE contract specific goal, assuming that the applicant’s certification application is approved prior to contract award. The DBE directory of certified firms is available on the Internet at:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

This DBE Policy Statement shall be included in all subcontracts entered into under this contract.

GOOD FAITH EFFORTS: In addition to signing the DBE Participation Commitment Statement contained in the Proposal documents, the Proposer who has not achieved the assigned goal on this project shall document the steps taken to obtain participation. Failure to document and submit good faith efforts when the Proposer has not achieved the assigned goal shall render Proposal nonresponsive. Good faith efforts may include the following:

A. Attendance at a pre-Proposal meeting, if any, scheduled by SAMTD to inform the DBEs of subcontracting opportunities in this contract work;

B. Advertising in general circulation media, trade association publications, and minority-focus media at least ten (10) days before Proposals or Proposals are due. If ten (10) days are not available, a shorter reasonable time will be acceptable;

C. Use of the Oregon Department of Consumer & Business Services Certified DBE Directory;

D. Written notification to DBEs that their interest in the contract is solicited;

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

E. Efforts to select portions of the work proposed to be performed to increase the likelihood of achieving the assigned goal;

F. Efforts to negotiate for specific sub-Proposals, including at a minimum:

a. The name, address, or telephone number of each DBE contacted;

b. A description of the information provided regarding the plans and specifications for the portions of the work to be performed;

c. A statement of why additional agreements were not reached;

d. Reasons for rejecting as unqualified any DBE contacted;

G. Efforts to provide assistance in obtaining any necessary bonding or insurance;

H. Efforts to use the service of banks owned and controlled by minorities or women;

I. Efforts to assist the DBE in purchasing materials and supplies; and

J. Any other affirmative action efforts

CONTRACT/SUBCONTRACT APPLICABILITY: DBE Program for Contracts Solicitation language shall require that contractors, including subcontractors, must meet all requirements of the DBE program as a matter of responsiveness.

A. Prompt Payment to Subcontractors: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from SAMTD. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above-referenced timeframe may occur only for good cause following written approval of SAMTD.

This clause applies to both DBE and non-DBE subcontracts.

B. Contract Assurance Clause: SAMTD will ensure that the following clause is placed in every DOT-assisted contract and subcontract:

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

EXHIBIT #6

DBE LETTER OF INTENT

(To be completed by each DBE)

To: __________________________________________________ (Name of Prime Proposer)

The undersigned intends to perform work in connection with the above project as a DBE in the following capacity (check one):

Individual Corporation Partnership Joint Venture

The Disadvantaged Business status of the undersigned is confirmed:

(a) On the reference list of Disadvantaged Business Enterprises dated ____________, or

(b) On the attached Disadvantaged Business Enterprise Identification Statement.

The undersigned is prepared to perform the following work in connection with the above project (specify in detail the particular work items or parts thereof to be performed):

The above work will not be sublet to a non-Disadvantaged Business Enterprise at any tier. The undersigned will enter into a formal agreement for the above work with you, conditioned upon your execution of an agreement with SAMTD.

Date ___________________ _______________________________________________ Name of Disadvantaged Business Enterprise

By____________________________________________

EXHIBIT #7

DBE AFFIDAVIT

(To be completed by each DBE)

STATE OF ____________________________________ (DATE ___________________)

COUNTY OF __________________________________

The undersigned being duly sworn, deposes and says that he/she is the ________________________

(Sole owner, partner, president, treasurer or ________________________ of ______________________________ and certifies that since the date other duly authorized official of a corporation) (Name of DBE) of its certification by the Oregon Department of Transportation (ODOT), *UCP or other *DOT, the certification has not been revoked nor has it expired nor has there been any change in the minority status of

(Name of DBE)

(Signature and Title of Person Making Affidavit)

*Certified DBE’s can be found on http://www.oregon4biz.com/How-We-Can-Help/COBID/

Sworn to before me this _______________ day of ______________________, 20_____.

(Notary Public)

Affix Seal Here:

NOTE: The Proposer must attach the DBE’s most recent certification letter or document to this affidavit.

*Please list other entity __________________________________________________ http://www.oregon4biz.com/How-We-Can-Help/COBID/

EXHIBIT #8

DBE UNAVAILABLE CERTIFICATION

To be completed by Prime Contractor:

I, ______________________________, the below named agent of ___________________, certify that I have contacted the following Disadvantaged Business Enterprise to obtain a Proposal for the following work items.

Certified DBE Contractor Work Disciplines Sought

To the best of my knowledge and belief, said Disadvantaged Business Enterprise was unavailable for work on this project, or unable to prepare a Proposal for the following reason(s):

Signature: _______________ ________________ Date: _______________________

To be completed by DBE:

_____________________________________________ was offered an opportunity to propose (Name of Disadvantaged Business Enterprise) on the above identified work on _____________________ by _________________________.

(Date) (Source)

The above statement is a true and accurate account of why I did not submit a Proposal on this project.

(Signature of Disadvantaged Business Enterprise) (Date)

EXHIBIT #9

CONTRACTOR’S REPRESENTATIONS AND WARRANTIES CERTIFICATION

(State of Oregon)

Contractor hereby represents and warrants to Salem Area Mass Transit District (SAMTD) that:

1. Contractor has the power and authority to enter into and perform this Contract.

2. This Contract, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms.

3. Contractor (to the best of Contractor’s knowledge, after due inquiry) has never knowingly or intentionally failed to comply with:

(i) All tax laws of this state, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318;

(ii) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

(iii) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor;

and

(iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

4. Any goods and/or services to be provided to SAMTD, in the performance of Contractor’s obligations under this Contract, shall be provided to SAMTD free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

Contractor Name:_______________________________________________________ _

Signature of Authorized Representative:_______________________________ ________

Printed Name:_______________________________________Date:___________ _____

Title/Position:__________________________ _____________

To be included with ALL SOLICITATIONS, per SB 675, eff. 9-21-15.

EXHIBIT #10

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY, AND VOLUNTARY EXCLUSION

This certification is made in accordance with Executive Order 12549, 49 CFR Part 29, 31 U.S.C. § 6101 and similar federal requirements regarding debarment, suspension, and ineligibility with respect to federally funded contracts.

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and…