P21205 - Bid Book 1.pdf

INVITATION TO BID

for

Mohawk Paving and ADA Project

PROJECT #P21205

The deadline for submitting questions regarding this Invitation to Bid, prior to bid opening is Thursday, August 20th, 2026, at 5:00pm as specified in Section 3.3 of the Instruction to Bidders.

➢ The complete set of bid documents for this project consists of two sections: The Invitation to Bid

Documents and the Project Plan Set.

➢ For the City of Springfield to consider your Bid responsive, you must include the documents listed in the Instruction to Bidders, Section 5.1 of the Bid Submittal and Forms and as indicated by Table of Contents.

➢ Any addendums or revisions must be acknowledged and submitted with your Bid except for plans and drawings, which are not required to be submitted as a part of your Bid.

ITB2 LOCAL Rev 10/2024

A NON-MANDATORY PRE-BID MEETING:

Date: THURSDAY, AUGUST 13, 2026

Time: 10:00 am

Location:

Microsoft Teams meeting

Click here to join the meeting Meeting ID: 231 242 711 294 092

Passcode: 4KP7Cg7K

BID OPENING:

Date: THURSDAY, AUGUST 27, 2026

Time: 2:00 pm

Location:

Microsoft Teams meeting

Click here to join the meeting Meeting ID: 283 829 102 554 50

Passcode: 8D46H8Tv

City of Springfield Community Development Division https://teams.microsoft.com/meet/231242711294092?p=QSJI0zGM98lzFebrIp https://teams.microsoft.com/meet/231242711294092?p=QSJI0zGM98lzFebrIp https://teams.microsoft.com/meet/28382910255450?p=lwJz3WE4Rvt9WxOMxo

ITB2

TABLE OF CONTENTS AND BIDDER’S CHECKLIST

Local Funding

Documents indicated with a checkbox must be included with each bid submittal for the bid to be considered responsive. Documents without a checkbox do not need to be included in the bid submittal.

Book 1: Invitation to Bid Documents

• Invitation to Bidders

☐ Bid Submittal, Terms, and Declarations (Acknowledge Addenda)

☐ First-Tier Subcontractor disclosure form

☐ Financial Responsibility

☐ Certificate of Compliance – Statement of nondiscrimination/ORS 279A.110

Minority, Woman, and Emerging Small Business/Disadvantaged Business Enterprise Form (MWESB)

☐ Conflict of Interest Disclosure Form (COI)

☐ Non-Collusion Affidavit

• Bid Bond (Sample)

• Performance Bond (Sample)

• Payment Bond (Sample)

Book 2: Project Plan Set and Standard Drawings– Separate Book

• Construction Plans and Drawings

Additional Documents to be submitted

☐ Bid Bond

☐ Addenda (if applicable)

• Instruction to Bidders

• Contract (Sample)

• Prevailing Wage Rate Information

• Special Provisions – Scope of Work

Rev 10/2024

CITY OF SPRINGFIELD, OREGON

Invitation to Bidders

Public Works Capital Improvement Project

Project No. P21205 Title: Mohawk Paving and ADA Project

Description:

This project consists of approximately 340' of grind-and-overlay asphalt restoration, upgrades for two (2) corner

ADA ramps and crosswalk signal pushbuttons, and pavement marking. Night work is required for roadwork.

A NON-MANDATORY pre-bid meeting will be held on Thursday, August 13th, 2026, at 10:00 AM (via an online Teams meeting)

Microsoft Teams

Join the Meeting Meeting ID: 231 242 711 294 092

Passcode: 4KP7Cg7K

Bid documents will be available online at https://springfield-or.gov/city/development-public-works/current-construction-projects/p21205-mohawk-paving-and-ada-project/. There will be no printed book, download only.

The deadline for submitting questions regarding this Invitation to Bid is Thursday, August 20th, 2026 at 5:00 pm. Contact with other City officials may be grounds for disqualification of the bid. All questions should be addressed to Mariah Kimpton, Contract Analyst, at 541-726-2245 or mkimpton@springfield-or.gov.

Any bidder requiring special assistance or auxiliary aids during the bidding and award process should contact Casilda Gonzales-Figueroa at 541-744-3381 or cgonzalesfigueroa@springfield-or.gov at least two (2) business days before the scheduled program, activity, or meeting for hearing assistance or a sign language interpreter and at least five (5) business days before the event for all other meeting accommodations. Assistive listening systems are available for the hearing impaired in the Municipal Courtrooms and City Council

Chambers. TTY users dial Oregon Relay Services at 711. Requests for documents in alternate formats should be submitted at least ten (10) calendar days prior to the date the materials are needed to allow time for the City to respond to the request. At the discretion of the City, submission deadlines may be extended to accommodate a request for alternate formats.

This project is subject to the state prevailing wage rates under ORS 279C.800 to 279C.870. Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120. In accordance with ORS

279C.365, the City will not consider a bid unless it contains a statement by the bidder that they will comply with ORS 279C.838 through ORS 279C.870.

All Contractors performing work on this project shall have a current, valid certificate of licensure issued by the

Construction Contractor’s Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State Landscape Contractor’s Board in accordance with ORS 671.560, as applicable, in place at the time the quote is presented.

The City of Springfield may reject any or all bids not in compliance with all prescribed public bidding procedures and requirements, including the requirement to demonstrate the bidder’s responsibility under ORS 279C.375, or waive minor irregularities not affecting substantial rights and may reject for a good cause any or all bids upon a finding of the City of Springfield it is in the public interest to do so and accept such bids that in the opinion of the

Springfield City Council are in the best interest of the City.

https://teams.microsoft.com/meet/231242711294092?p=QSJI0zGM98lzFebrIp https://springfield-or.gov/city/development-public-works/current-construction-projects/p21205-mohawk-paving-and-ada-project/ https://springfield-or.gov/city/development-public-works/current-construction-projects/p21205-mohawk-paving-and-ada-project/ mailto:cgonzalesfigueroa@springfield-or.gov

The City of Springfield encourages contractors, sub-contractors, and minority, woman-owned, and emerging small businesses to participate in City projects.

Sealed bids will be received at City Hall Development and Public Works, Southeast Quad, Attn: Contract Analyst, Mariah Kimpton, 225 Fifth Street, Springfield, OR 97477, until, but no later than 1:59 pm

Local Time, Thursday August 27th, 2026, and opened immediately online via a Teams meeting;

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 283 829 102 554 50

Passcode: 8D46H8Tv

Published: Daily Journal of Commerce & The Chronicle, OregonBuys.com

ITB3 Rev 10/2024 Solicitation Number S4220 https://aka.ms/JoinTeamsMeeting?omkt=en-US

ITB4 – BIL Rev 4/2024 Page 1 of 6

Construction Bid Submittal

Project No. P21205

Project Title: Mohawk Boulevard Paving and ADA

Item No.

Description Specification

Number Unit

Approx.

Quantity

Unit Price Total Price Extension

1 MOBILIZATION 00210.90 LS 1

2 TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETE 00221.98 LS 1

3 PORTABLE CHANGEABLE MESSAGE SIGNS 00222.90 Each 4

4 EROSION CONTROL 00280.90 LS 1

5 MINOR ADJUSTMENT OF MANHOLES 00490.90(a) Each 1

6 ADJUSTING BOXES 00490.90(d) Each 2

7 ADJUSTING CATCH BASINS 00490.90(e) Each 1

8 COLD PLANE PAVEMENT REMOVAL, 4 INCHES DEEP 00620.90 SY 2,707

9 LEVEL 3, 1/2 INCH ACP MIXTURE, FIBER REINFORCED 00744.90(a) TN 583

10 CONCRETE CURBS, CURB AND GUTTER 00759.90(q) LF 143

11 4-INCH CONCRETE SIDEWALK 00759.90(o) SF 264

12 CONCRETE ADA RAMPS 00759.90(p) SF 779

13 4” YELLOW BI-DIRECTIONAL TYPE I REFLECTORS 00855.90(c) Each 18

14 4” WHITE MONO-DIRECTIONAL TYPE 1 REFLECTORS 00855.90(a) Each 24

15 THERMOPLASTIC, EXTRUDED, SURFACE, NON-PROFILED 00865.90(b) FT 2724

16 PAVEMENT LEGEND, TYPE B-HS: LEFT TURN ARROW 00867.90(a) Each 2

17 PAVEMENT LEGEND, TYPE B-HS: BICYCLE LANE STENCIL 00867.90(m) Each 4

18 PAVEMENT BAR, TYPE B-HS: WHITE 12-INCH 00867.90(u) SF 226

19 TRAFFIC SIGNAL MODIFICATION, Q ST AND MOHAWK BLVD RAMPS 00990.90 LS 1

TRAFFIC SIGNAL MODIFICATION, MARCOLA RD AND MOHAWK BLVD

RAMPS

00990.90 LS 1

21 LAWN SEEDING 01030.90 SY 23

22 TOPSOIL 01040.90 CY 2

TOTAL

City of Springfield

225 Fifth Street

Springfield, OR 97477

ITB4 – BIL Rev 4/2024 Page 2 of 6

Terms, Declarations and Bid Submittal

Bidder’s Understanding Bidders shall determine for themselves all the conditions and circumstances affecting the projected cost of the proposed work by personal examination of the site, Contract documents, and by such other means they may deem to be necessary. It is understood and agreed that in the event the City has obtained information from data at hand regarding underground or other conditions or obstructions depicted in the Contract documents, there is no expressed or implied agreement that such conditions are fully or correctly shown, and the Bidder must take into consideration the possibility that conditions affecting the cost or quantity of work may differ from those indicated.

The Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, and performance of the work.

Bid The undersigned Bidder having examined the Specifications and Contractual Documents and having satisfied themselves as to all conditions to be encountered, hereby proposes to furnish all labor, material and equipment and perform all work necessary to complete the project in accordance with this Bid, the Contract

Plans, Section 100 of the City of Springfield Standard Construction Specifications, Parts 00200 through 03000 of the 2024 Oregon Standard Specifications for Construction, the Special Provisions, and all other Contractual Documents at the prices and on the terms herein contained.

The unit price Bids are submitted with the understanding that the quantities stated are approximate and are given only as the basis of calculation for comparison of Bids and determining that the unit prices are balanced and that final payment for all unit price items will be based on actual quantities.

It is understood that in the instance of a discrepancy between the unit price and the extension (total price extension) the unit price shall govern. The extension shall be determined by multiplying the unit price by the number of units (approximate quantity).

Bid Guarantee

As required by ORS 279C.365(5) each Bid shall be accompanied by a Bid Bond, cash, or a certified or cashier’s check written upon a bank in good standing and in a form acceptable to the City, payable to the

Finance Director of the City of Springfield, Oregon, in an amount equal to at least 10 percent of the total amount of the Bid. Bid Bonds shall be issued by a surety company registered to issue bonds in the State of

Oregon and utilizing a bond form acceptable to the City. The city will accept AIA Document A310-2010. The

Bid Bond may not be altered.

Such Bid Guarantee shall be forfeited and become the property of the City in case the Bidder shall fail or neglect to furnish a satisfactory Performance and/or Payment Bond issued by a viable bond company acceptable to the City as required by ORS 279C.380 and to execute the Contract within ten (10) days (Saturday, Sunday, and holidays excepted) after receiving Contract from the City for execution. For information regarding Performance and Payment Bond requirements see City of Springfield Contract document, Section 5. City Bonding.

Bid Acceptance Period This Bid will remain subject to acceptance for a period of 60 days after the bid opening, or for such longer period of time that the Bidder may agree to in writing upon request of the City.

Contract Award

Bids will be accepted and awarded in accordance with Oregon Public Contracting Law and the City’s most recent version of the Standard Construction Specifications.

Prior to awarding the Contract, the City may, at its sole discretion, require Contractors and/or Subcontractors to demonstrate to the City’s satisfaction that they have a complete and clear understanding of all requirements of the Prevailing Wage Rate Laws contained in ORS 279C.800 through 279C.870 and possess the expertise necessary for fulfilling their obligations pertaining to these requirements throughout the administration of the Contract. In determining competency, the City may consider Certified Payroll Reports

ITB4 – BIL Rev 4/2024 Page 3 of 6 submitted by the Contractor and/or Subcontractor for projects previously performed for the City, copies of

Certified Payroll Reports submitted to other public entities, references from other public entities attesting to the Contractor’s expertise, or an interview with the Contractor regarding their personnel resources and expertise or their ability to obtain the resources and expertise necessary to meet all contractual responsibilities in accordance with ORS 279C.375.

Time is of the Essence Time is of the essence in the Contractor’s performance of the Contract. Delays in the Contractor’s performance of the work may inconvenience the public, interfere with business and commerce, and increase cost to the City. It is essential and in the public interest that the Contractor prosecute the work vigorously to

Contract completion. The City does not waive any rights under the Contract by permitting the Contractor to continue to perform the Contract, or any part of it, after the Contract Time of Completion shown below, or as adjusted by Contract Change Order, has expired.

Liquidated Damages

The City of Springfield and the Contractor agree that; (a) the amounts so fixed are reasonable forecasts of just compensation for the harm that is caused by the breach; (b) the harm that is caused by the breach is one that is incapable of or very difficult of accurate estimation; and, (c) the amount so fixed is not fixed as a penalty to coerce performance of the Contract but is rather intended to be a genuine pre-estimation of injury to the City of Springfield in lieu of performance within the contract time by the Contractor.

a. Delay

It is agreed by the City of Springfield and by the Contractor that the need exists for a damage provision in the event the Contractor fails to complete the work within the Contract time specified, or any extension thereof, by the City of Springfield. The City of Springfield and the Contractor further agree that the

Contractor shall be liable to the City of Springfield for fixed, agreed and liquidated damages for each and every calendar day of delay in the amount of $500.00 per day in accordance with Subsection 180.85 of the Standard Construction Specifications.

b. Failure to Report Spills

The Contractor also agrees to liquidated damages in the amount of $500.00 per incident for failure to report sewage spills plus an amount sufficient to reimburse the City for any civil and administrative penalties paid by the City as a result of the contractor’s failure to report. Failure to report sewage spills may subject the City to (1) civil penalties of up to $32,500.00 per day of violation pursuant to Section

309(d) of the Clean Water Act, 33 U.S.C. § 1319(d); (2) administrative penalties of up to $11,000.00 per day for each violation, pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g); or (3) civil action in federal court for injunctive relief pursuant to Section 309(b) of the Clean Water Act, 33

U.S.C. § 1319(b).

Contract Time of Completion

The Contractor shall not begin work under this Bid until written Notice to Proceed has been received and a pre-construction meeting has been held. The Contractor shall complete the work under this Bid project no later than August 6th, 2027.

The Contractor shall apply for any extensions of time as specified in Subsection 180.80 of the Standard Construction Specifications.

Certifications The undersigned hereby certifies that:

1.) If awarded the Contract, that they shall fully comply with all provisions regarding the prevailing wage rates as required by ORS 279C.800 to 279C.870 and/or 40 U.S.C. 2762 as applicable.

2.) The Contractor, Subcontractor, suppliers of materials or services, and others engaged by the

Contractors, shall comply at all times with and observe all such laws, ordinances, regulations, orders, and decrees; and shall hold harmless and indemnify the City of Springfield and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree.

ITB4 – BIL Rev 4/2024 Page 4 of 6

3.) The Contractor, Subcontractor or other person doing, or contracting to do, or contracting for the whole or any part of the work on the Contract shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations.

4.) In conformance with OAR 137-049-0440(3) and ORS 279A.110(4) the Contractor has not, and will not, discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055 or a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS

408.225.

5.) In accordance with ORS 279C.505, the Contractor will;

a.) Make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the Contract.

b.) Promptly pay all contributions or amounts due the State Industrial Accident Fund, or private carrier of accident insurance, from such Contractor or Subcontractor incurred in the performance of the Contract. If a private carrier is used, the Contractor shall notify the Engineer as to the carrier’s name and address before commencement of work.

c.) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

d.) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.

e.) Have an employee drug testing program in place at the time of signing the contract and will maintain such drug testing program in place over the life of the Contract. Upon request, the

Contractor shall furnish a copy of the employee drug testing program to the City.

6.) In accordance with ORS 279C.510, If demolition is involved, the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective as required by ORS 279C.510(1).

If lawn or landscaping maintenance is involved, the Contractor shall compost or mulch yard waste in an approved site, if feasible and cost-effective as required by ORS 279C.510(2).

7.) In accordance with ORS 279C.520, no person will be employed by the Contractor or Subcontractor for more than 10 hours in any one day, or 40 hours in any one week except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases the person so employed shall be paid at least time and one-half the regular rate of pay for all times worked in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and for all work performed on a Saturday, Sunday and on any legal holiday specified in ORS 279C.540.

8.) In compliance with ORS 279C.525, the Contractor has received and reviewed Federal, State and local agencies that may have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of this Contract as identified under Section 13 of the Contract. Accordingly, if the Contractor is delayed or must undertake additional work by reason of ordinances, rules, or regulations relating to the prevention of environmental pollution and the protection of natural resources subsequent to the date of submission or the successful quote, the City may:

a.) Terminate the Contract, b.) Complete the work itself, c.) Use non-owner forces already under contract with the City of Springfield, d.) Solicit bids for a new contractor to provide the necessary services under competitive bid requirements 279C, e.) Issue the Contractor a change-order setting forth additional work that must be undertaken.

9.) In accordance with ORS 279C.530, the Contractor will;

ITB4 – BIL Rev 4/2024 Page 5 of 6 a.) Promptly, as due, make payments to any person, co-partnership, association or corporation, furnishing medical, surgical, and hospital care or other needed care and attention, incidental to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor:

1. May or shall have deducted from the wages of his employees for such services pursuant to the terms of Oregon Revised Statutes and any contract entered in pursuant thereto; or

2. Collected or deducted from the wages of his employees pursuant to any law, contract, or agreement for the purpose of providing or paying for such service; and

3. All employers working under the Contract are either employers that will comply with ORS

656.017 or employers that are exempt under ORS 656.126. The Contractor shall ensure that each of its Subcontractors complies with these requirements.

10.) No Contractor, Subcontractor or any firm, corporation, partnership or association in which the

Contractor or Subcontractor has a financial interest who appears on the List of Contractors Ineligible to Receive Public Works Contracts, as established by the Bureau of Labor and Industries, will perform work under this Contract, as specified in ORS 279C.860.

11.) No Contractor, Subcontractor or any firm, corporation, partnership or association in which the

Contractor or Subcontractor has a financial interest who appears on the Construction Contractor’s Board Not Qualified to Hold Public Contracts list, will perform work under this Contract, as specified in

ORS 701.227(4).

12.) The Contractor performing work on this project shall have a current, valid certificate of licensure issued by the Construction Contractor’s Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State Landscape Contractor’s Board in accordance with ORS 671.560 as applicable in place at the time the quote is presented.

13.) Prior to performing any work under the Contract all Subcontractors shall have a current, valid certificate of licensure issued by the Construction Contractor’s Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State

Landscape Contractor’s Board in accordance with ORS 671.520 as applicable.

14.) In compliance with ORS 279C.836, the Contractor shall confirm that all Subcontractors have a valid public works bond on file with the Construction Contractors Board prior to allowing them to perform any work under the Contract.

15.) If the Contract specifies that the project includes Asbestos Abatement, the Contractor and all

Subcontractors performing work on the project shall be licensed in accordance with ORS 467A.720 prior to performing any work on the project. Certification of compliance shall be presented to the City upon request.

16.) The Contractor shall function as an independent contractor for the purposes of this Contract and shall not be considered an employee of the City of Springfield for any purpose. The Contractor shall assume sole responsibility for any debts or liabilities that may be incurred by the Contractor in fulfilling the terms of this Contract and shall be solely responsible for the payment of all federal, state, and local taxes which may accrue because of this Contract.

17.) The Contractor and all Subcontractors shall comply with all applicable provisions of the Americans With Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of

1973.

ITB4 – BIL Rev 4/2024 Page 6 of 6

Bid Addenda

All Addenda issued are considered to be part of the specifications of the Invitation to Bid and, as such, are as incorporated into the Contract as specified in Section 120.15 of the Standard Construction Specifications.

By signing below, I acknowledge the receipt of the following Addenda documents and certify that the specifications contained in each have been considered and incorporated into the Bid as presented. All

Addenda must be included with the Bid submitted.

Addenda Number Addenda Date

Declarations

As required by ORS 305.385(6), under penalty of perjury, by signing below the Contractor represents that, to the best of their knowledge, neither they nor any applicable Subcontractors performing work under the Contract are in violation of any tax laws as described in ORS 305.380(4) and have complied with the tax laws of this state or a political subdivision thereof including, but not limited to, ORS 305.620 and ORS Chapters 316, 317 and 318. The Contractor shall also covenant to continue to comply with the tax laws of this state or a political subdivision thereof during the term of the Contract and that Contractor’s failure to comply with such laws prior to execution of the Contract or during the term thereof is a default for which the City may terminate the Contract and seek damages and other relief available under the terms of the Contract or under applicable law.

The undersigned Bidder declares that the only persons or parties interested in the Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City, and that the Bid is made without any connection or collusion with any person submitting another

Bid on this project.

I have read, fully understand, and agree that as Bidder I, and all Subcontractors, will comply with all of the terms and conditions of the contract for which this Bid is presented. By signing below I attest that I am an officer or a duly authorized representative of the business listed below and that I possess the legal authority to submit this Bid for consideration.

If the Bid is submitted by a joint venture and is in the name of the joint venture, by signing below I certify that all parties have examined this Bid, including all requirements and the Contract terms and conditions and, if successful, the joint venture shall execute a Contract which incorporates the stated requirements, terms and conditions.

Bidder’s Signature

Bidder’s Name (Please Print)

Title

Business Name

Business Address

City State Zip

Phone Number Cell Phone

Date E-mail Address

Page 1 of 6 ITB5-BIL Rev 10/2024

CITY OF SPRINGFIELD

INSTRUCTION TO BIDDERS

Local Funding Sources

1. Contracting Law

The Bidder is presumed to be familiar with all federal, state, and local laws, ordinances and regulations, orders and decrees which affect those engaged or employed in the work, materials, or equipment used in the proposed construction or which may affect the conduct of the work. If the Bidder or Contractor shall discover any provision in the Contract Documents which is contrary to or inconsistent with any law, ordinance, or regulation, he/she shall immediately report it to the Owner in writing.

The Contractor, Subcontractor, suppliers of materials or services, and others engaged by the contractors, shall comply at all times with and observe all such laws, ordinances, regulations, orders, and decrees; and shall hold harmless and indemnify the City of Springfield and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree.

2. Prequalification

There is no prequalification application to this Contract. Bidders unfamiliar to the City and who are not currently pre-qualified with ODOT or the City, may be required to prove to the City that they have the adequate resources, experience and equipment to complete the work.

3. Contract Documents

3.1 Plans and Specifications

Plans, Specifications, and any additional information relative to this project which are on file in the City

Engineer’s Office shall be made available there for inspection by prospective Bidders.

3.2 Examination of Contract Documents and Site of Work

Bidders shall determine for themselves all the conditions and circumstances affecting the projected cost of the proposed work by personal examination of the site, Contract Documents, and by such other means. It is understood and agreed that the City has obtained information regarding underground or other conditions or obstructions depicted in the Contract Documents from data at hand. There is no expressed or implied agreement that such conditions are fully or correctly shown, and the Bidder must take into consideration the possibility that conditions affecting the cost or quantity of work may differ from those indicated.

3.3 Interpretation of Contract Documents

If it should appear to a Bidder that the work to be done is not sufficiently described or explained in the

Contract Documents, or that Contract Documents are not definite and clear, the Bidder shall make written inquiry regarding same to the individual shown, in the manner instructed and within the timeframe indicated in the Invitation to Bid advertisement. Questions received will be evaluated and if, in the judgment of the City, the response does not alter or amend the requirements or scope of the Invitation to

Bid, but merely clarifies existing information, the response will be entered on the Clarifications Log and posted to the project webpage as shown in the Invitation to Bid. If, in the judgment of the City, additional information or interpretation is necessary, such information shall be supplied in the form of an addendum to all individuals, firms, and corporations listed on the Plan Holders List and those individuals that attended

Page 2 of 6 ITB5-BIL Rev 10/2024 the Pre-Bid Meeting and provided an accurate e-mail address on the sign-in sheet. Such addenda shall have the same binding effect as though contained in the main body of the Contract Documents. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by written addenda issued by City.

3.4 Addenda to Contract Documents

Any addenda issued by the City, which may include changes, corrections, additions, interpretations, or information issued 72 hours or more before the scheduled closing time for filing the Bids shall be binding upon the Bidder. Addenda will be posted to the City’s website at Invitations to Bid - City of Springfield

Oregon (springfield-or.gov); click under the project the addenda pertains to. The Contractor should check the website frequently for new postings during the open bid period. The City shall make a reasonable effort to notify all individuals, firms, and corporations listed on the Plan Holders List and those individuals that attended the Pre-Bid Meeting and provided an accurate e-mail address on the sign-in sheet when addenda are issued. Failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance.

4. Estimate of Listed Quantities

The estimate of quantities of work to be done under unit price bids is approximate and is given only as the basis of calculation for comparison of Bids and award of the Contract. The Owner does not agree that the actual amount of work will correspond precisely to the amount as shown or estimated. Payment will be made at unit prices under a Contract only for work actually performed or materials actually furnished according to actual measurements.

The Owner reserves the right to increase or decrease the amount of any class or portion of the work. No such change in the work shall be considered as a waiver of any condition of the Contract, nor shall such change invalidate any of the provisions thereof.

5. Bid

5.1 Bid Submittal and Forms

The complete set of bid documents for this project consists of two sections, the Invitation to Bid

Documents and the Project Plan Set.

For the City of Springfield to consider your bid responsive, you must include all documents listed in the

Instruction to Bidders, in numerical order according to the Table of Contents.

The forms that must be included with all bid submittals, include:

1. Bid Submittal, Terms and Declarations

2. First-Tier Sub-Contractor Disclosure Form

3. Financial Responsibility Form

4. Certificate of Compliance - Statement of Non-Discrimination/ORS 279A.110

5. Minority, Woman and Emerging Small Business/Disadvantaged Business Enterprise Form

(MWESB)

6. Conflict of Interest Disclosure Form (COI)

7. Non-Collusion Affidavit

8. Bid Bond

The Project Plan Set is not required to be submitted as part of your bid.

Additionally, any addendums or revisions must be acknowledged and submitted with your Bid.

The Bid Submittal, Bid Bond, Certified Check, or Cashier’s Check shall be enclosed in a sealed and labeled

Page 3 of 6 ITB5-BIL Rev 10/2024 envelope. The outside of the envelope shall plainly identify: The project name and project number and (2)

The Bid opening date. All Bids must be clearly and distinctly typed or written with ink or indelible pencil.

Unless otherwise specified, Bidders shall bid on all Bid items, and must include in their Bid prices the entire cost of each item of work set forth in the Bid.

Any statement accompanying and tending to qualify a Bid may cause rejection of such Bid, unless such statement is required in a Bid embracing alternate Bids. If, in the opinion of the City, the items or prices in any Bid appear unbalanced, incomplete, or fail to comply with all the terms required, the Bid may be rejected.

Sealed Bids shall be labeled clearly, addressed to Mariah Kimpton, Contract Analyst, and received at City of Springfield, City Hall, Development and Public Works, “Southeast Quad”, 225 Fifth St. Springfield, Oregon, 97477 at, or before, the time and date noted on the Invitation to Bidders, after which time the

Bids will be publicly opened and read aloud.

All Bids shall be on the form furnished by the City, and in addition to necessary unit price items and total prices in the column of totals to make a complete Bid, all applicable blanks giving general information must be filled in and the Bids signed by an officer or duly authorized representative of the Bidder. The only exceptions to this requirement are the Performance Bond, Payment Bond and the Contract documents which are provided here as a reference. However, if you are awarded the Bid, you will be required to submit fully executed copies of these documents upon request.

5.2 First Tier Subcontractor Statement

Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370). If the total Bid price for the contract exceeds $100,000, the Bidder shall submit on the form provided (within two working hours of the date and time of when the bids are due), a list of all first-tier subcontractors (those entities that would be contracting directly with the prime Contractor) which will be furnishing labor or material on the Contract whose subcontract value would be equal to or greater than 5 percent of the total Bid price, but at least

$15,000. Also, any Subcontractor with a subcontract value greater than $350,000, regardless of the percentage of the total Bid price, must be listed. The following information must be listed: a) The Subcontractor’s name and address, b) The Subcontractor’s Construction Contractor Board registration number, if one is required, and c) The subcontract dollar value. If no subcontractors are being used that are subject to the above disclosure requirements, the Bidder is required to indicate “None” on the accompanying form. The form may be submitted with the Bid or may be submitted separately in a separate envelope from the Bid within two hours after the bid opening. The envelope containing the form should be marked “Subcontractor Disclosure Form Submitted for Project PXXXXX” and should also be marked with the name of the Bidder.

5.3 Non-Discrimination

Pursuant to ORS 279A.110, that the bidder has not discriminated and will not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business in obtaining any required subcontracts.

The bidder understands that it may be disqualified from bidding on this public improvement project if the Agency finds that the bidder has violated subsection (1) of ORS 279A.110. The Bidder certifies that it has a written policy and practice that meets the requirements described in ORS 279A.112 (House Bill 3060, 2017) of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

5.4 Non-Collusion

The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder except as disclosed on

Page 4 of 6 ITB5-BIL vRev10 /2024 a separately attached statement. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid has been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the opening of bids. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. This bid 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 noncompetitive bid. The bidder, 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 bidding on any public contract except as described on a separately attached statement. The bidder understands and acknowledges that the above representations are material and important and will be relied on by the Agency, in awarding the contract(s) for which this bid is submitted. The bidder understands that any misstatement in this certification is and shall be treated as fraudulent concealment from the Agency, of the true facts relating to the submission of bids for this contract.

5.5 Compliance With Oregon Tax Laws:

By signature on this bid, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of bidder, that the undersigned has authority and knowledge regarding bidder’s payment of taxes, and that bidder is, to the best of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 320.005 to 320.150 (Amusement Device Taxes), ORS 403.200 to 403.250 (Tax For

Emergency Communications), and ORS Chapters 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal

Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 321 (Timber And Forestland Tax), and 323 (Cigarettes And Tobacco Products Tax), and any local taxes administered by the

Department of Revenue under ORS 305.620.

5.6 Withdrawal, Modification, or Alteration of Bid

A Bid may be withdrawn on written or telegraphic request of the Bidder prior to the scheduled closing time for filing Bids. No Bidder may withdraw its Bid or any portion thereof after the time set for the opening of

Bids until a Contract has been awarded and executed or until sixty (60) days have elapsed since the Bid opening. Negligence on the part of the Bidder in preparing its Bid confers no right to withdraw its Bid after the scheduled closing time for filing Bids.

Prior to the scheduled closing time for filing Bids, changes may be made provided the changes are initialed by the Bidder or its Agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail.

5.7 Late Bids

Bids received after the scheduled closing time for filing Bids as set forth in the Invitation to Bidders will be rejected and returned unopened to the Bidder unless such closing time is extended by the City.

5.8 References

In order to comply with the requirements of ORS279C.375 regarding the determination of bidder responsibility, completion of the Financial Responsibility Form included in the Invitation to Bid documents must be completed in full. The City will use the information provided to ascertain the financial responsibility of the bidder as it pertains to the specific criteria to be considered prior to award of a public works contract.

The City reserves the right to investigate the references, financial capacity, credit history and past

Page 5 of 6 ITB5-BIL Rev10 /2024 performance of any Bidder, including service(s) provided to City of Springfield, with respect to their successful performance on other projects; compliance with specifications and contractual obligations;

expertise regarding the completion and submission of Certified Payroll Reports; completion or delivery of a project on schedule and within budget; and its lawful payment of suppliers, subcontractors and workers.

The City reserves the right to use any information or reference that may be discovered in evaluating any bid. The City reserves the right to find a bid to be nonresponsive for failure or refusal of bidder to provide all information in a timely manner, as requested. The city may postpone issuance of a Notice of Intent to Award in order to complete its investigation. The City reserves the right to reject any bid at any time prior to the City’s execution of a Contract in the event reference checks prove unsatisfactory. The City’s investigation may include Bidder’s previous business entities of the principals involved. If more than one

Bidder is involved the City may investigate each entity. In the event that the city requests information from the Bidder the completeness of the information submitted, its veracity and the extent to which it has been independently verified will impact the City’s decision.

5.9 Bid Ownership

All material submitted by the Contractor shall be considered the property of the City, and as such, shall not be returned to the Contractor after the deadline for submission of the Bid in question has passed.

After opening, all bids will become part of the public record unless exempt under Oregon Public Records Law, see ORS 192.501, ORS 192.502 and ORS 279C.340.

5.10 Rejection of Bids

The City reserves the right to reject any or all Bids in whole, or in part, or to waive irregularities not affecting substantial rights.

General or evasive replies will be considered grounds for rejection of the Bid as incomplete. The successful

Bidder may be required to appear before the City Council and submit satisfactory evidence that he or she has the necessary capital and is qualified and prepared to prosecute the work to the full satisfaction of the

Engineer.

The City also reserves the right to reject any Bid which is 10 percent greater or 20 percent less than the

Engineer’s estimate or any Bid which contains item bids which vary more than 30 percent plus or minus from the Engineer’s item bid estimate.

6. Payments by Contractor

6.1 Wages

It is agreed that if this project qualifies under Oregon law as a prevailing wage rate public works project, each worker in each trade or occupation employed in the performance of this Contract—whether by the Contractor, a Subcontractor, or any other person performing any portion of the work—shall be paid not less than the applicable prevailing wage rate.

If this project is funded in whole or in part by both state and federal funds and is subject to the Davis-Bacon Act, the applicable prevailing wage rate shall be the higher of the federal or state prevailing rate for each classification of labor.

Prevailing wage payments shall include both hourly wages and fringe benefits, as required, for each classification in the locality where the work is performed.

The state prevailing wage rate is the rate in effect at the time the initial specifications were first advertised for bid solicitation, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815. The federal prevailing wage is determined by the U.S. Department of Labor under the Davis-Bacon Act.

6.2 Certification

Page 6 of 6 ITB5-BIL Rev10 /2024

No Bid will be received or considered by the City unless the Bid contains a statement by the Bidder as part of the Bid that the Bidder shall comply with provisions regarding prevailing rates of wages required by

ORS 279C.840.

Public Improvement Contract w/City Specifications Standard Template (March 2026) Page 1 of 5

PUBLIC IMPROVEMENT CONTRACT

FOR USE WITH OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION

PROJECT # _____________

Dated: ______________

Parties: City of Springfield “CITY”

A Municipal Corporation of the State of Oregon 225 5th Street Springfield, OR 97477 and

“Contractor”

Account Number Percentage

RECITALS

Contractor was the successful bidder for the contract for the construction of the public improvement project described in the plans and specifications for the project that were included in the bid documents and the 2021 Oregon Standard Specifications for Construction, issued by the Oregon Department of Transportation, as modified by the City’s Amendments to the Specifications for the Project and any other Supplemental Specifications and Special Provisions included in the Bid Documents (all specifications, plans, Standard Drawings, Supplemental Specifications and Special Provisions included in the Contract are collectively referred to herein as the “Specifications”) which form a part of the Contract.

Additional Contractor Information:

a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation

b) Address: ___________________________________________________________

c) Telephone: _________________________

d) Fax No: _________________________

e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non-Procurement Programs found at: https://www.sam.gov/portal/public/SAM/:

City Account Number(s) To Be Charged (Include Percentages):SAM

PLE

https://www.sam.gov/portal/public/SAM/

Public Improvement Contract w/City Specifications Standard Template (March 2026) Page 2 of 5

AGREEMENT

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

This Document includes and incorporates the following Exhibits:

Exhibit A - Solicitation Documents.

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

3. Project. The project is generally described as:

4. Work to be Performed. Contractor agrees to furnish all services, labor, materials and equipment for and to construct the improvement listed above (the “Project”), according to the Bid Documents (“the Work”) and according to the provisions of the Contract. All parts of the Work are the sole responsibility of Contractor.

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

6. Contract Amount. The Contract Amount is $____________ and consists of unit prices bid by Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on Contractor’s Bid attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders and adjustments made in accordance with the Specifications. Payment will be made as provided in the Specifications.

7. Indemnification and Hold Harmless. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel approved by City) and hold harmless the parties as described in

00170.72 of the Specifications.

8. Insurance. Contractor shall maintain in force for the duration of the Contract the insurance coverages specified in 00170.70 of the Specifications. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry.

Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase Contractor's coverages by the amount of the statutory limit increase for such

SAM

Public Improvement Contract w/City Specifications Standard Template (March 2026) Page 3 of 5 claims and to increase the aggregate coverage by an amount that is twice as large as the statutory increase. The adequacy of all insurance required under the Contract shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City.

8.1.Ev…