ITB 23-135-PW ROC Painting Project.pdf

Rev 10/22

Eugene Water & Electric Board

FORMAL INVITATION TO BID

For

ROC Painting Project

Bid No.: 23-135-PW Closing Date: Wednesday, July 12, 2023 Time: 2:00 PM PT Description: EWEB requires bids for the exterior painting of the EWEB Roosevelt Operations Center Building.

Pre-bid Conference: Yes -Voluntary Date: Thursday, June 29, 2023 Time: 11:00 AM PT Location: Eugene Water & Electric Board, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402

Bidders attending the pre-bid conference shall meet at the front of the building at the date and time listed above. Please contact the purchasing office at 541-685-7018 if you have any questions.

Purchasing Contact: Wendy Lopez Phone: (541) 685-7150 Email: wendy.lopez@eweb.org

This is a COMPETITIVE SEALED PROCUREMENT. SEALED BIDS will be received until the closing date and time noted above by the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be addressed via the Addendum process.

FOR MORE INFORMATION please refer to Section 00200 “Instructions to Bidders”.

Rev 10/22

TABLE OF CONTENTS

This solicitation is organized and written in a manner consistent with the Construction Specification Institute (CSI) format. The following is a list of all Divisions, Sections, and Details that are included in the Project Manual.

DIVISION 0 - BIDDING DOCUMENTS & CONTRACT FORMS

00100 Invitation to Bid - Legal Advertisement

00200 Instructions to Bidders

00400 Bid Form

00430-A First-tier Sub-Contractor Disclosure Form

00430-B Drug Testing Requirements

00450 Minimum Qualifications

00610 Bid, Performance, & Payment Bonds

00620-A Completion Notices (Contractor Affidavit, Certificate of Substantial Completion, Notice of Final

Completion)

00620-B Certificate for Payment

00700 General Conditions (Public Works)

00800 Supplemental Conditions

00830 BOLI Prevailing Wage Rates

00900 Addenda / Modifications to Solicitation

00930 Change Order

DIVISION 1 - SPECIFICATIONS

01010 Summary of Work

01060 Safety and Health

01750 Contract Closeout

ADDITIONAL DIVISION SPECIFICATIONS

090601 Exterior Finish Schedule

099000 Paints and Coatings Schedule

DRAWINGS:

A5132 Site Structures Canopy E-Water Yard Drawings

A4601 Fleet Building Exterior Elevations

A2601 Operations Building Overall Elevations

A2611 Operations Building North Elevations

A2612 Operations Building South Elevations

A2613 Operations Building East & West Elevations

A3601 Warehouse Building Exterior Elevations

Rev. 10-2022 Section 00100

ADVERTISEMENT

ITB 23-135-PW

ROC Painting Project

The Eugene Water & Electric Board (EWEB) requests bids for the exterior painting of the EWEB Roosevelt Operations Center building.

Bidders shall meet Minimum Qualifications for Contractor and specialty sub-contractors, as defined in the bid packages.

Bidders shall comply with all BOLI and CCB requirements, as outlined in www.oregon.gov/BOLI and http://www.oregon.gov/ccb/Pages/index.aspx.

The bid package may be inspected online on the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. (For navigation help, please call 1-855-800-5046.)

Bid Submission Deadline: Sealed bids shall be submitted to Wendy Lopez, Purchasing Contact, before 2:00 PM Pacific Standard Time, on Wednesday, July 12, 2023 and delivered according to the bid submission instructions contained in the bid solicitation document. Bids will be opened immediately thereafter and recorded.

First-tier Sub-contractor Disclosure Form (Section 00430) shall be submitted, preferably in a separate envelope by 4:00 PM PST, on Wednesday, July 12, 2023.

Bids and required Sub-contractor Disclosure Form received after their respective deadlines will NOT be considered. No faxed bids will be accepted.

A voluntary pre-bid meeting will be held at 11:00 AM PT, on Thursday, June 29, 2023, at EWEB’s Roosevelt Operations Center, 4200 Roosevelt Blvd., Eugene, Oregon. Bidders are strongly encouraged to attend, but bids will be accepted from Bidders who do not attend.

By submission of a bid, the Bidder agrees to comply with the provisions of 279C.800 through 279C.870 relating to the latest version of State of Oregon’s BOLI Prevailing Wage Rates.

EWEB may cancel the Invitation to Bid or reject any or all bids pursuant to EWEB Rule 5-0440.

Single point of contact: Submit all technical, bidding, website access, and contract questions to the Purchasing Contact, Wendy Lopez, in writing via email at wendy.lopez@eweb.org. DO NOT contact the project team without prior approval by the Purchasing Contact.

BY:

Wendy Lopez, EWEB Purchasing Contact ISSUED: June 22, 2023

PUBLISHED:

http://www.oregon.gov/BOLI http://www.oregon.gov/ccb/Pages/index.aspx

Eugene Water & Electric Board Section 00200

Rev 10-2022 Section 00200

INSTRUCTIONS TO BIDDERS

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE RESPONSIBILITY OF THE BIDDER TO CHECK THE WEBSITE ON A TIMELY BASIS. As a courtesy, EWEB may elect to email copies of Addenda or notices to registered Bidders but doing so does not remove the responsibility of checking the website for critical information impacting the ITB and bid responses.

BID SCHEDULE

1.1 Bid Preparation:

The Eugene Water & Electric Board's environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the Bidder to submit their bid using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content and are readily recyclable. Use of materials that cannot be readily recycled, such as PVC (vinyl) binders, spiral bindings, plastic or glossy covers and/or dividers is discouraged. Further, Bidders are strongly encouraged to duplex print whenever possible. Color printing is acceptable, but not required, unless content will not display correctly.

Bidders are responsible for all costs they may incur in connection with submitting a bid.

a. Compliance. All bids must be sealed and received by EWEB’s Purchasing Department (“EWEB” herein used synonymously with the term "OWNER" as used in the General Conditions) prior to the bid closing time and date. Bids that are received after the bid closing time and date may not be considered.

All bid and pricing information shall be typewritten or in ink and shall be signed by an authorized representative of the company. Alterations (including whiteout) or erasures shall be initialed by the person signing the bid.

Solicitation released 6/22/23

Voluntary Pre-bid Meeting 6/29/23

Last Day for EWEB to Receive Questions/requests for 7/5/23

Last Day for EWEB to Issue Addenda 7/6/23

Bid Close Date 7/12/23

Board Approval 8/1/23

Estimated Date of Notice to Proceed 8/4/23

b. Method of Bidding - Unit and Total Price. The price per item shall be clearly shown in the space provided. The pricing shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail. The written unit price shall prevail over the numerical unit price.

c. Completion. The Bidder shall show in the space, when provided in the bid form, the earliest completion date on which completion of the work can be guaranteed. Otherwise the Bidder certifies that the work will be complete according to the completion time stated in the bidding documents.

EWEB reserves the right to consider availability and delivery (completion) time in determining award of this Contract.

d. Examination of Plans, Specifications, and Work Site. It is understood that a Bidder, before submitting a bid, has made a careful examination of all plans, specifications and Contract documents, that the Bidder has a complete understanding of the quality and quantity of materials and the character of the work required; and that the Bidder has made a careful examination of the location and conditions of the worksite and the sources of supply for materials.

It is further understood that a bid awarded hereunder is subject to EWEB being able to (1) comply with all zoning ordinances, or obtain rezoning of the property where necessary; and (2) comply with local building code restrictions and conditions for the structure or structures contemplated in the bid, any or all of which conditions may be contained in the Contract and may result in termination of the Contract, if such conditions are not satisfied. EWEB will in no case be responsible for any loss or for any unanticipated costs that may be incurred by the Contractor as a result of the Contractor's failure to acquire full information about work conditions prior to submitting an offer to perform the work.

e. Substitutions. When a brand name is required by the specifications, all Bidders shall provide the specified product unless an alternative product is allowed per the specifications and in which case, must be of equal quality, merit and utility (as determined in EWEB's sole judgment).

Bidders may be required to provide information to EWEB to determine product acceptability prior to award of Contract.

f. Interpretation of Contract Documents. If a Bidder finds discrepancies in errors or omissions from the plans, specifications, or Contract documents, or has doubt as to their meaning, the Bidder shall at once notify EWEB. EWEB will then investigate the validity of the claim and will determine whether an Addendum will be issued (see Protest or Request for Clarification and Changes to the Bid Specifications below).

g. Protest or Request for Clarification/Changes of Specifications and/or Bidding Requirements

(EWEB Rule 5-0260).

Request for Clarification and Changes to the Bid Specifications Prior to the deadline for submitting questions, Bidders may, in writing/email, request clarification of or changes to any bid specifications or Contract terms. Questions and responses that present material information to all Bidders will be posted via formal, written Addendum.

EWEB’s clarification to an Offeror, whether orally or in writing, does not change the terms of the solicitation and is not binding on EWEB unless EWEB amends the solicitation document by written Addendum.

Protest of Specifications/Bid Requirements Bidders may, in writing, protest bid specifications or Contract terms and conditions. Unless stated differently in the bidding document, this written request for change must be received by the Purchasing Contact indicated in the solicitation document no later than ten (10) days prior to the bid closing date. The written protest shall include the reasons for the protest. Envelopes containing bid protests shall be marked as follows:

Bid Specification Protest Bid Number 23-135-PW

h. Filling in Bid Forms. The bid response shall be made on the form provided in the Invitation to

Bid and as prescribed by EWEB. The Bidder may not alter, modify or change the bid form, except as directed by bid Addendum. Any other form of offer is invalid. Bidders are required to use the form provided within the Invitation to Bid, Section 00400.

Bids may be rejected if they contain any recapitulation or restating of the work to be done, disclaimers, exceptions or other limitations or stipulations.

i. Bids are Offers. The bid is the Bidder's offer to enter into a contract, which, if the bid is accepted for award, binds the Bidder to a contract and the terms and conditions contained in the Invitation to Bid. A Bidder shall not make the bid contingent upon EWEB's acceptance of specifications or Contract terms that conflict with or are in addition to those required in the bid Documents (except as noted in Time for Bid Acceptance, Section 1.3(g) below).

j. Proprietary Information/Public Disclosure. Materials submitted in response to this Invitation to Bid and/or the Contract shall become the property of EWEB and are, therefore, subject to public records laws.

In the event that a Bidder desires to claim that portions of its submittal are exempt from public disclosure, under the provisions of ORS 192.501, it is incumbent upon the Bidder to identify those portions in a transmittal letter. The transmittal letter must identify the page and the particular exemption(s) from disclosure upon which the claim is made. Each page claimed to be exempt from disclosure must be clearly identified, on the page, by the words: "This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.

If EWEB receives a request for public records disclosure of the information so designated as confidential by Bidder, EWEB will make a reasonable attempt to notify Bidder of the request so Bidder/Contractor may claim any exemption Bidder is entitled to under applicable laws.

The Oregon Public Records Law exempts from disclosure trade secrets, and the exemption from disclosure applies "unless the public interest requires disclosure in the particular instance," ORS 192.501(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of this solicitation may depend upon official or judicial determinations made pursuant to the Oregon Public Records Law.

In any event, EWEB will, to the fullest extent permitted by Oregon Law, assist the Bidder in protecting proprietary information submitted pursuant to this Invitation to Bid."

k. Voluntary Pre-bid Conference

A Voluntary pre-bid conference is schedule for this Invitation to Bid. Bidders are strongly encouraged to attend the voluntary pre-bid conference, but bids will be accepted from bidders who do not attend.

Pre-bid conference will be held at 11:00 AM, Pacific Time, on Thursday, June 29, 2023 at the EWEB Roosevelt Operations Center building at 4200 Roosevelt Blvd in Eugene, Oregon. Bidders shall meet at the front of the building at the time and date listed above. The purpose of the conference is to discuss the work to be performed with the prospective offerors and allow them to ask questions concerning the ITB.

Statements Not Binding: Statements made by EWEB at the pre-bid conference do not change the bid document unless EWEB confirms such statements with a written addendum to the bid

1.2 Bid Submission:

a. Bid Submission. The bid response and one electronic copy of the bid response (flash drive acceptable) shall be sealed and delivered to EWEB’s Purchasing Department, prior to the bid closing time and date stated in the Invitation to Bid/Advertisement (Section 00100). Bids received after the bid closing time and date will not be considered for award.

b. Sealed bids shall be delivered as follows:

If by Commercial Carrier: Eugene Water & Electric Board, Wendy Lopez, Purchasing Dept., 4200 Roosevelt Blvd, Eugene, OR 97402.

If in person: EWEB’s Roosevelt Operations Center, Wendy Lopez, Purchasing Dept., 4200 Roosevelt Blvd, Eugene, OR 97402.

Note: Bidders submitting bids in person are required to coordinate a delivery time, prior to the closing time and date, with the Purchasing Contact at EWEB’s Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402. Bids will be date and time stamped by the Purchasing Department Staff and held until bid opening.

The First-Tier Subcontractor disclosure must be submitted with the bid response or Bidders must coordinate a delivery time within two (2) working hours of the bid closing date and time.

c. Addenda. EWEB reserves the right to make changes to the Invitation to Bid and the resulting

Contract by written Addenda, prior to the closing time and date. Addenda shall only be issued by EWEB and upon issuance, are incorporated into the Invitation to Bid or the resulting Contract.

If required by Addendum, Bidders shall sign and return all Addenda with their bid prior to the bid closing time and date or acknowledge them on the 00400 Bid Form. Addenda shall be obtained electronically at the State of Oregon bid site at: https://oregonbuys.gov/bso/. The Bidder is responsible for ensuring that all Addenda have been acknowledged in their bid response.

d. Security to be Furnished by Each Bidder. When the bid price exceeds $100,000, or when otherwise required by the Contract Documents, the bid shall be accompanied by a certified or cashier's check or bid bond in an amount equal to 10% of the total amount of the bid as bid security to ensure that the Bidder, if offered, will execute the Contract agreement and provide the performance bond and payment bond as required. The lowest responsible and responsive Bidder will be required to provide a performance/payment bond in an amount equal to 100% of the Contract award if the bid price exceeds $100,000 or if otherwise required in the bid https://oregonbuys.gov/bso/

EWEB reserves the right to hold the bid security of all Bidders until the Notice to Proceed is issued or for ninety (90) calendar days after bid closing, whichever is sooner (unless a longer or shorter period is specified in the Invitation to Bid.)

Should the Bidder fail to execute the Contract agreement and furnish the satisfactory performance bond and payment bond after the bid has been accepted, the bid security shall become the property of EWEB.

e. Modification of Bids. Once submitted, bids may be modified in writing prior to the time and date set for bid closing. Modifications shall be prepared on the Bidder's letterhead, signed by an authorized representative of the Bidder, shall state that the new document supersedes or modifies the prior bid and shall be submitted in a sealed envelope, appropriately marked identifying the bid number and closing time and date. Telephone, telegraphic, emailed, and facsimile modifications are not acceptable. The written modification shall be made a permanent part of the public bid file.

f. Withdrawal of Bids. A bid may be withdrawn prior to the bid closing time and date. Bids may be withdrawn in writing on the Bidder's letterhead and signed by an authorized representative of the Bidder. The written bid withdrawal shall be made a permanent part of the public bid file.

Bids may not be withdrawn after the date and time for submission of bids.

1.3 Bid Review & Award:

a. Bid Review / Minimum Requirements. After bid opening, EWEB may conduct discussions with Bidders for the purpose of clarification to assure full understanding of the bid.

Bidder Responsibility shall partially be based on their response to any minimum requirements established by the specifications and compliance with conditions of the Invitation to Bid and shall be subject to Oregon Revised Statutes (ORS) 279A, 279C, and EWEB Public Contracting Rules, Divisions 1, 2, 5 & 6.

EWEB 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 upon a finding of EWEB that it is in the public interest to do so. (ORS 279C.395)

b. Method of Award: Award shall be made to the lowest Responsive and Responsible Bidder for the total of all line items. Award shall be made to one Bidder and one Bidder only.

c. Oregon Preference. Award shall be subject to preference for goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are determined by EWEB to be equal (ORS 279A.120).

d. Reciprocal Law. In determining the lowest responsible Bidder, a nonresident Bidder eligible to receive a preference in the state in which the Bidder resides, shall have that same percentage preference added to the bid amount in accordance with EWEB

Rule 5-0390(5)(a).

e. Responsiveness / Responsibility. The Responsiveness and Responsibility of Bidders and of their proposed subcontractors will be considered in making the award.

A “Responsive” bid is one that substantially complies with the Invitation to Bid instructions and requirements.

A “Responsible” Bidder can demonstrate ability to meet the requirements of the project specifications, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in Rule 5-0390(2).

f. Certification of Alteration or Erasure. A bid may be rejected if it contains any material alteration or erasure. Nothing in this paragraph shall be construed as allowing the Bidder to alter or otherwise change the form of the offer, the form of the Contract, the conditions of the bid, the specifications, and/or plans attached to the bid documents. Unless otherwise specifically allowed in the bidding documents, no changes or modifications to an offer may be made after the bid closing date & time.

g. Time for Bid Acceptance. EWEB reserves the right to consider a bid response containing a condition that limits its time for bid acceptance. EWEB may, solely at its option, accept a shorter time for bid acceptance, even though the Invitation to Bid may state a longer period. EWEB reserves the right either to accept or reject the bid response containing the time condition if the bid response is otherwise the lowest responsible and responsive Bidder.

h. Bid Reading and Review. At the prescribed time and place bids will be publicly opened and read aloud. Bidders are invited to be present and record results. Award decisions will not be made at bid opening. Only the name of the Bidder(s) and the bid item(s) to be considered for award purposes will be read at the bid opening.

After bid opening, EWEB may conduct discussions with Bidders for the purpose of clarification to assure full understanding of the bid. EWEB will review each bid for Bidder Responsiveness and Responsibility.

EWEB reserves the right to waive or allow correction of minor informalities and errors (EWEB Rule 5-0350).

i. Bid Results. To obtain bid results, notes may be taken at the public reading of the bid, or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations and bid status shall be obtained electronically at https://oregonbuys.gov/bso/.

j. Right of Rejection. EWEB reserves the right to reject stipulated and/or unbalanced bids that are determined by EWEB to not be in its best interest.

EWEB reserves the right to reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause all bids upon a finding that it is in the public interest to do so. (ORS 279C.395)

EWEB may cancel the Invitation to Bid pursuant to EWEB Rule 5-0440.

k. Protest of Award. EWEB Rule 5-0450(4)(a). A Bidder may protest the award or intent to award a Contract if: The Bidder is adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest were successful; and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible Bidders protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders.

1. Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. EWEB will not consider late protests.

2. All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Analyst listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

3. Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

4. EWEB’s Purchasing Supervisor will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

5. If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

6. EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall fax and mail, in accordance with the fax number and address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

7. If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

8. The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or ITB and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved Bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

1.4 Registration Requirements (i.e. Construction Contractors Board/State Landscape Board):

Bidders shall certify that all parties performing work described in ORS 701.005(2) (i.e. construction work) will be registered with the Oregon Construction Contractors Board (CCB), and the State

Landscape Contractors Board (LCB), if applicable, in accordance with ORS 701.035 and 701.055, or the appropriate authority pertaining to the trade before the bid opening time and date set in this Invitation. Bids not meeting this requirement will not be considered.

1.5 Scope of Work. The work contemplated under this Contract includes all labor, tools, machinery, materials, transportation, mobilization/demobilization, equipment and services necessary for, and reasonably incidental to, the completion of all work in connection with the project described in the Contract, the General Conditions, all applicable special conditions, plans, specifications, or any supplementals.

End of Section 00200

Eugene Water & Electric Board Section 00430 - A

Rev 8/17 Section 00430-A

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(ORS 279C.370)

PROJECT NAME: ____________________________________________ BID # ______________

BID CLOSING DATE: ____________________________________ TIME: 2:00 p.m. (Pacific Standard Time)

FIRST-TIER SUBCONTRACTOR DISCLOSURE DUE DATE: _________________ TIME: 4:00 p.m. (Pacific Standard Time)

This form must be submitted either with Bidders bid response or within two (2) working hours of the bid closing date/time.

List below the name of each subcontractor that will be furnishing labor or materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the form below. (If needed, attach additional sheets).

Company Name Dollar Value Category of Work 1.

City, State, Phone No.:

2.

City, State, Phone No.:

3.

City, State, Phone No.:

4.

City, State, Phone No.:

5.

City, State, Phone No.:

A first-tier subcontractor is one that:

(A) Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and

(B) Will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.

After having been opened, the bids and the subcontractor disclosures shall be filed for public inspection. No modifications will be allowed once the submittal has been opened.

FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT IN A SUBMITTED BID BECOMING NON-RESPONSIVE, AND SUCH BID SHALL NOT BE CONSIDERED FOR AWARD (Rule 5-0360).

BIDDER'S (COMPANY) NAME: _______________

Bidder's Contact Name: ________ Phone #: ________

Deliver Form to Agency: EUGENE WATER & ELECTRIC BOARD Person Designated to Receive Form: Wendy Lopez, Purchasing Contact Agency’s Address: 4200 Roosevelt Blvd, Eugene, OR. 97402 Phone No. (541) 685-7150 Unless stated otherwise in the original solicitation, this document shall not be faxed. It is the responsibility of Bidders to submit this disclosure form and any additional sheets with the bid number and project name clearly marked, at the location indicated, by the specified disclosure deadline. See Instructions to Bidders.

End of Section 00430-A

Eugene Water & Electric Board Section 00430-B

Drug Testing Program Requirements for Public Improvement Contracts

The Contractor, by signature on this contract, certifies to EWEB the following:

1. That the Contractor has a drug-testing program in place for its employees that includes, at a minimum, the following:

a. A written employee drug-testing policy;

b. Required drug testing for all new Subject Employees, or, alternatively, required testing of all Subject Employees, every six (6) months, on a random selection basis;

c. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs; and

d. Required testing of a Subject Employee who is involved in:

(i) an accident causing an injury requiring treatment by a physician, or

(ii) an incident resulting in damage to property or equipment.

A drug-testing program that meets the above requirements will be deemed a “Qualifying Employee Drug-Testing Program.” For the purposes of this rule, an employee is a “Subject Employee" only if that employee will be working on the Project job site.

2. Contractor shall represent and warrant to EWEB that the Qualifying Employee Drug-Testing Program is in place at the time of the Contract execution and will continue in full force and effect for the duration of the Contract. Further, EWEB’s performance obligation is contingent on Contractor’s compliance with this representation and warranty.

3. That the Public Improvement Contract shall contain Contractor’s covenant requiring each subcontractor providing labor for the Project to:

a. Demonstrate to the Contractor that it has a Qualifying Employee Drug-Testing Program for the subcontractor’s Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-Testing Program is in place at the time of subcontract execution, and will continue in full force and effect for the duration of the sub-contract;

Or

b. Require the subcontractor’s Subject Employees to participate in the Contractor’s Qualifying Employee Drug-Testing Program for the duration of the subcontract.

END OF SECTION 00430-B

Rev. 8/17

EWEB Rev 10/22 Section 00610

pg. 1

EUGENE WATER & ELECTRIC BOARD

BID BOND

WE, , as Principal, (Contractor Name) and , an

(Name of Surety) corporation, authorized to transact business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Eugene Water & Electric Board the sum of ($ ) dollars.

WHEREAS, a proposal or bid is submitted to Eugene Water & Electric Board by the Principal for the purpose of furnishing the following goods or services:

The proposal or bid is made a part of this bid bond by reference.

NOW, THEREFORE, in accordance with ORS 279C.365 (5) for bids and____ 279C.400 (5) for proposals, if the proposal or bid submitted by the Principal is accepted, and if a Contract pursuant to the proposal or bid is awarded to said Principal, and if the Principal enters into and executes such Contract and furnishes any performance and payment bonds required by Eugene Water & Electric Board within the time fixed, then this obligation shall be void; otherwise, it shall remain in full force and effect. If the proposal or bid is not accepted, then the bid bond will be returned or voided, in accordance with ORS 279C.385.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives.

Dated this day of , 20 .

SURETY: PRINCIPAL /CONTRACTOR:

Name of Surety

Representative's Signature

Surety Address

Representative's Name and Title (print)

Attorney in Fact (signature)

Representative's Office Address

Attorney in Fact - Name (print) Representative's Phone / Email

Attorney in Fact - Phone / Email

BONDING COMPANY / BROKER

Company Name

Office Address

Office Phone

EWEB Rev 10/22 Section 00610

pg. 2

PERFORMANCE BOND AND PAYMENT BOND

For the purpose of complying with Chapter 279C.380 of Oregon Revised Statutes, Contractor (identified as "Principal" in the bond forms below) shall provide performance and payment bonds, each in a sum equal to the full contract price.

The state that the Surety is incorporated in will be inserted in the field preceding "corporation, authorized to transact business in Oregon…"

After "WHEREAS, the Principal has agreed to perform that Contract as summarized below", the title of the Project will be inserted.

An Attorney-in-Fact, having power of attorney to sign for the Surety company, whose authority and documentation shall be attached and incorporated by reference, must sign the performance and payment bonds. The Surety's seal must be affixed to each bond. Power of Attorney for the Attorney-in-Fact must also be attached to each bond. The original bond documents must be supplied to the Owner prior to final execution of the Contract and commencement of work.

Contractor shall promptly notify the Surety company of any changes to the Contract that impact time allowed for completion and/or an increase to the total compensation of the Contract.

Eugene Water & Electric Board Section 00610

EUGENE WATER & ELECTRIC

pg. 3

PERFORMANCE BOND

We , as Principal

(Name of Contractor or "Principal ") and , a(n) corporation, authorized to transact business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Eugene Water & Electric Board the sum of

(Penal Sum of Bond)

WHEREAS, the Principal has entered into a Contract with Eugene Water & Electric Board, the specifications, terms and conditions of which are contained in Invitation to Bid/Request for Proposal No. ; and

WHEREAS, that Contract is made a part of this performance bond by reference; and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the certain terms, conditions, requirements, plans and specifications which are set forth in said Contract, and all authorized modifications of the Contract which increase the amount of the work and the amount of the Contract, notice of any such modifications hereby being waived by the Surety; and

WHEREAS, the Principal has agreed to perform that Contract as summarized below:

_ for Eugene Water & Electric Board in strict accordance with the specifications contained in the Invitation to Bid/Request for Proposal.

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH THAT, if the Principal shall faithfully perform all matters and things as agreed under the Contract within the time prescribed therein, including the conditions listed in ORS 279C.500 to 279C.545, and shall indemnify, defend and save harmless Eugene Water & Electric Board, and their officers, employees and agents against any claim 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 Principal or its Subcontractors; and shall do all things required of the Principal by the laws of the state of Oregon, then this obligation shall be void; otherwise, it shall remain in full force and effect. In no event shall the bond be released or voided until all claims accruing during the course of the warranty period of the Contract have been fully resolved and warranty period concluded, or until the full amount of the surety obligation is exhausted, whichever comes first.

SURETY agrees (1) that any extension of time allowed said Principal for completion of work or for delivery under the said Contract shall not impair this obligation or reduce any period of maintenance or warranty provided in said Contract; (2) that any change made in the terms or provisions of said Contract increasing the price to be paid to Principal, without notice to the SURETY shall not impair this obligation, PROVIDED that all such increases shall not in aggregate exceed twenty-five percent (25%) of the original Contract price without consent of SURETY, however, any such change shall automatically increase the obligation of the SURETY hereunder in a like amount,; and (3) that this obligation shall continue to bind the said Principal and SURETY notwithstanding successive payment made hereunder for successive breaches, until the full amount of the said obligation is exhausted.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives.

Dated this day of , 20 .

SURETY NAME OF BONDING COMPANY

Name, City, State of Surety Company Name (Print)

Attorney in Fact (Signature) Company Address / Phone Number (Print)

Attorney in Fact – Name and Company Name (print) Agent Name / Agent Phone #

Phone PRINCIPAL / CONTRACTOR:

Email _____________________________________ Name of Company

Signature

Printed Name and Title

Eugene Water & Electric Board Section 00610

EUGENE WATER & ELECTRIC

pg. 4

PAYMENT BOND

We , as Principal (Name of Contractor or "Principal") and , a(n) corporation, authorized to transact business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Eugene Water & Electric Board the sum of

(Penal Sum of Bond)

WHEREAS, the Principal has entered into a Contract with Eugene Water & Electric Board, the specifications, terms and conditions of which are contained in Invitation to Bid/Request for Proposal No. ; and

WHEREAS, that Contract is made a part of this payment bond by reference; and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the certain terms, conditions, requirements, plans and specifications which are set forth in said Contract, and all authorized modifications of the Contract which increase the amount of the work and the amount of the Contract, notice of any such modifications hereby being waived by the Surety; and

WHEREAS, the Principal has agreed to perform that Contract as summarized below:

for Eugene Water & Electric Board in strict accordance with the specifications contained in the Invitation to Bid/Request for Proposal.

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH THAT, if the Principal shall faithfully perform all matters and things as agreed under the Contract within the time prescribed therein, including the conditions listed in ORS 279C.500 to 279C.545, and shall promptly pay all persons supplying labor or materials to the Principal or its Subcontractor for prosecution of the work provided in said Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its Subcontractor in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its Subcontractor pursuant to ORS 316.167; and shall permit no lien nor claim to be filed or prosecuted against Eugene Water & Electric Board on account of any labor or materials furnished; and shall indemnity, defend and save harmless Eugene Water & Electric Board, and their officers, employees and agents against any claim 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 Principal or its Subcontractors; and shall do all things required of the Principal by the laws of the state of Oregon, then this obligation shall be void; otherwise, it shall remain in full force and effect. In no event shall the bond be released or voided until all claims accruing during the course of the warranty period of the Contract have been fully resolved and warranty period concluded, or until the full amount of the surety obligation is exhausted, whichever comes first.

SURETY agrees (1) that any extension of time allowed said Principal for completion of work or for delivery under the said Contract shall not impair this obligation or reduce any period of maintenance or warranty provided in said Contract; (2) that any change made in the terms or provisions of said Contract increasing the price to be paid to Principal, without notice to the SURETY shall not impair this obligation, PROVIDED that all such increases shall not in aggregate exceed twenty-five percent (25%) of the original Contract Price without consent of SURETY, however, any such change shall automatically increase the obligation of the SURETY hereunder in a like amount,; and (3) that this obligation shall continue to bind the said Principal and SURETY notwithstanding successive payment made hereunder for successive breaches, until the full amount of the said obligation is exhausted.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives.

Dated this day of , 20 .

SURETY NAME OF BONDING COMPANY

Name, City, State of Surety Company Name (Print)

Attorney in Fact (Signature) Company Address / Phone Number (Print)

Attorney in Fact – Name and Company Name (print) Agent Name / Agent Phone #

Phone CONTRACTOR: ________________________

Email Signature

Printed Name and Title

Eugene Water & Electric Board Section 00620-A

Rev 8/17 Section 00620-A

CONTRACTOR AFFIDAVIT - PAYMENT OF ALL ACCOUNTS

STATE OF: ___________________________

COUNTY OF: _________________________

I, , A representative of __________ being duly sworn, do depose and say that I pay, or supervise payment, for all labor, materials, services and supplies used by same in the construction of the ____ and other related work, under contract with the Eugene Water & Electric Board; that all persons employed on said project have been paid the full wages earned at not less than the minimum rates specified for each worker classification; that all bills for materials, services and supplies have been fully paid; and that there are no liens or encumbrances of any nature whatsoever pending against the work performed or material furnished, to the best of my knowledge and belief.

CONTRACTOR / PRINCIPAL

Signature

Name and Title - Print

Company Name

NOTARY:

Sworn to before me this day of _______, 20___.

Notary Public for Oregon - Signature

Printed Name of Notary Public

My Commission Expires:

CERTIFICATE OF SUBSTANTIAL COMPLETION

PROCEDURE FOR PROCESSING

Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents and EWEB can fully occupy or use the

Work for its intended function.

When the Contractor considers that the Work, or a portion that EWEB agrees to accept separately, is substantially complete, the EWEB Contract Administrator shall prepare a punchlist to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on this list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. If the Contract Administrator's inspection discloses any item, whether included on the Contractor's list or not, that is not in accordance with the requirements of the

Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Contract Administrator. The Contractor shall then submit a request for another inspection by the Contract Administrator to determine Substantial

Completion. When the Work or designated portion is substantially complete, the Contractor will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion and shall establish responsibilities of EWEB and Contractor for security, maintenance, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be considered valid only when all parties' signatures appear on this document.

CERTIFICATE OF SUBSTANTIAL COMPLETION

PROJECT NAME: ___________________________________________________________________

CONTRACT ADDRESS: _______________________________________________________________

CONTRACT NUMBER: TASK ORDER NUMBER: ____________________

CONTRACT NAME: __________________________________________________________________

CONTRACTOR NAME: ______________________

DATE OF CERTIFICATE ISSUANCE:

PROJECT OR DESIGNATED PORTION SHALL INCLUDE: _____________________________________

The work performed under this Contract has been reviewed and found to be substantially complete.

The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as ______________ which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below.

DEFINITION OF DATE OF SUBSTANTIAL COMPLETION

The Date of Substantial Completion of the Work or designed portion thereof is the Date certified by the EWEB Contract Administrator when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents.

A Punch List (as defined in Section 00700), prepared by the EWEB Contract Administrator, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

The Owner (EWEB) accepts the Work or designed portion thereof as substantially complete and will assume full possession thereof at (time) on (date).

EWEB CONTRACT ADMINISTRATOR Date

The Contractor will complete or correct the Work on the list of items attached hereto within ________ days from the above Date of Substantial Completion.

CONTRACTOR BY Date

NOTICE OF FINAL COMPLETION

CONTRACT NAME: ___________________________________________________________________

CONTRACT NUMBER: TASK ORDER NUMBER: ________________________

PROJECT ADDRESS: ___________________________________________________________________

CONTRACTOR NAME: _________________________________________________________________

CONTRACTOR ADDRESS: _______________________________________________________________

OWNER: EUGENE WATER & ELECTRIC BOARD

PO BOX 10148

EUGENE, OR 97440-2148

The work performed under this Contract has met the requirements of Final Completion, defined as the final completion of all requirements under the Contract, including Contract Closeout, as described in Section 00700 General Conditions, but excluding Warranty Work, further described in Section 00700, and the final payment and release of all retainage, if any.

EWEB CONTRACTOR

Signature of EWEB Contract Administrator Signature of Representative

Name - Print Representative Name and Title - Print

Date Representative's Phone

END OF SECTION 00620

Section 00620-B

CERTIFICATE FOR PAYMENT

TO EWEB: __________________________ ATTENTION: ______________________________ CERTIFICATE #: __________________

PROJECT NAME: ____________________ FROM: ____________________________________ PERIOD TO: ______________________

CONTRACT FOR: ____________________ EWEB JOB #: _______________________________ CONTRACT DATE: _______________

APPLICATION FOR PAYMENT

CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Application is made for Payment, as shown in connection with Contract | | | Continuation Sheet, is attached.

Change Orders approved in | | | previous months by EWEB. | | | 1. ORIGINAL CONTRACT SUM......................................... $__________ TOTAL: | | | 2. NET CHANGE BY CHANGE ORDER.............................