PBOT VACUUM EXCAVATION UTILITY LOCATING SERVICES ITB 2429708400.pdf
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- Solicitation number
- Doc2429708400
- Issued by
- Multnomah County, Oregon
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Summary of ITB DOC2429708400 - Vacuum Excavation Utility Locating Services
This Invitation to Bid (ITB) is issued by the City of Portland, Oregon, Bureau of Transportation (PBOT) to solicit proposals for vacuum excavation and utility locating services. PBOT seeks to establish up to three Price Agreements with qualified contractors to verify the depth and location of existing underground utilities during the design of Capital Improvement Projects. The services encompass vacuum excavation, coring, surface restoration (asphalt concrete, Portland cement concrete, gravel, and topsoil), traffic control, erosion and sediment control, and excavation report preparation. Work will primarily occur within public rights-of-way in the City of Portland. Proposals are due by October 23, 2026, at 4:00 p.m. local time and must be submitted electronically through the City of Portland Bid Portal. The contract term is five years from the effective date, with the City's option to extend for an additional five years. No bidders conference is specified in the ITB; however, prospective bidders may submit questions to the procurement specialist no later than seven calendar days prior to the bid closing date.
The combined not-to-exceed budget for all three Price Agreements is $1,000,000, with individual Price Agreements capped at $500,000 each. Contractors are required to provide unit and hourly pricing for excavation work at various depths (0-4 feet and deeper to 12 feet below ground surface), surface restoration by pavement type, traffic control by street classification, project management support, traffic control plans, and parking reservations. Prevailing wage rates established by the State of Oregon Bureau of Labor and Industries must be paid to all workers. Contractors must obtain and maintain commercial general liability insurance of not less than $2 million per occurrence, workers' compensation insurance, automobile liability insurance, and applicable state or local licenses. The City reserves the right to award single or multiple contracts to the lowest responsive and responsible bidder based on the lowest total section price. Cash discounts will not be considered for award purposes. The City's standard payment term is Net 30 days via electronic funds transfer (ACH). No bid bond is required. Award decisions will not be made at the public bid opening.
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ITB # DOC2429708400
ITB Rev. 12/10
Date: 10/9/2026
CITY OF PORTLAND, OREGON
INVITATION TO BID
DOC2429708400
VACUUM EXCAVATION UTILITY LOCATING SERVICES
PROPOSALS DUE:
October 23, 2026 By 4:00 P.M. LOCAL TIME
SUBMITTAL INSTRUCTIONS:
Submit proposals electronically by uploading the required proposal documents below to the City of Portland Bid Portal: https://service.ariba.com/Discovery.aw/ad/profile?key=AN11181807487
Refer to Exhibit G: Submission Instructions for details.
REFER ALL QUESTIONS TO:
Xylia Guzman Torres, Senior Procurement Specialist Phone: 503-865-6320 Email: Xylia.GuzmanTorres@portlandoregon.gov https://service.ariba.com/Discovery.aw/ad/profile?key=AN11181807487 mailto:Xylia.GuzmanTorres@portlandoregon.gov
SECTION 1 INTRODUCTION
1.1 BACKGROUND:
The Portland Bureau of Transportation (“PBOT”) intends to verify the depth and location of existing utilities during the design of Capital Improvement Projects by way of vacuum excavation.
Vacuum excavation is the removal and replacement of all materials via coring, vacuum extraction, or similar method for the purpose of locating an underground utility and investigating underground conditions. PBOT will issue Task Orders under these Contracts (“Price Agreements”).
1.2 SCOPE OF WORK:
The City of Portland is planning to enter into multiple Price Agreements (“PA”) with Contractor(s) to provide vacuum excavation and utility location services to PBOT. Vacuum excavation is the removal and replacement of all materials via coring, vacuum extraction, or similar methods for the purposes of locating an underground utility and investigating underground conditions. PBOT will issue Task Orders (“TO”) under these PAs.
1.2.1 BUDGET
For every Project, State of Oregon, Bureau of Labor and Industries (BOLI) prevailing wage rates are required to be paid to workers in each trade or occupation that the Contractor or Subcontractor uses in performing all or part of the work. The estimated amount for these (3) Price Agreements are a combined total Not-to-Exceed Amount of $1,000,000.00
1.2.2 SERVICE AREA AND PRIORITIES
Most Task Order (TO) requests will be to locate utilities within public rights-of-way within the City of Portland.
1.2.3 CONTRACTOR RESPONSIBILITIES
A successful Contractor will provide the following services/labor, equipment and materials to complete each vacuum excavation. Typical work may include:
a. Erosion and Sediment control
b. Traffic control including a PBOT Temporary Street Use Permit and Traffic Control Plan preparation
c. On-Call Utility Locating services
d. Vacuum excavation and coring to locate underground utilities
e. Backfill placement
f. Surface restoration
g. Excavation Report
h. Coordination with PBOT, other City Bureau representatives and any affected utilities
After a Task Order (TO) request has been signed, and prior to scheduling the excavation work, PBOT will provide to the Contractor the following documents:
i. City of Portland Street Opening Permit
j. Excavation Report Form describing the required deliverables and mapped pothole locations
(Exhibit C)
k. Signed Task Order (TO) describing the Scope of Work (“SOW”)
1.2.4 CONTRACTOR REQUIREMENTS
Contractor(s) shall provide vacuum excavation and coring, surface restoration (asphalt concrete, Portland cement concrete, gravel, and/or topsoil), removal of existing topsoil and gravel, data collection for Excavation Report, traffic control, preparation of traffic control plans (“TCP”), acquisition of parking reservations and any applicable street use permits via Temporary Street Use Permits (TSUP), Project Management-Upfront Support, erosion and sediment control, and discovery and disposal of contaminated media.
1.2.5 INSPECTIONS AND MAINTENANCE SERVICES
At the completion of work the Contractor shall return the site to its pre-work condition. Remove all debris and garbage from the site.
1.2.6 SAFETY AND ACCIDENT PREVENTION REQUIREMENTS
The Contractor shall perform all work in conformance with generally accepted industry, local, state and federal safety practices. This requirement will apply continuously and will not be limited to normal working hours.
The City of Portland and PBOT reserve the right to require the Contractor to remove from the work any employee found to be working in an unsafe manner.
1.2.7 COORDINATION
Provide City staff and any affected utility representative reasonable access to all work sites.
1.2.9 PERFORMANCE STANDARDS
Please refer to Exhibit A – Technical Specifications.
1.2.10 DELIVERABLES
The Contractor shall provide documentation as outlined in Exhibit A – Technical Specifications.
1.2.12 INSURANCE AND LICENSING
Contractor(s) must maintain general liability insurance, workers’ compensation insurance, automobile liability insurance, and any required state or local Contractor licenses.
SECTION 2 GENERAL REQUIREMENTS AND INSTRUCTIONS TO BIDDERS
All bids are subject to the provisions and requirements of the Oregon Revised Statutes and the Portland City Code (PCC), including PCC 5.10.
SECTION 5 BID PREPARATION
2.1.1 BID FORMAT: Bids must be typewritten or prepared in ink and must be submitted on the form(s) provided in the Invitation to Bid. No oral, telegraphic, telephone, emailed, or facsimile bids will be accepted.
2.1.2 CONFORMANCE TO BID REQUIREMENTS: Bids must conform to the requirements of the Invitation to Bid. All necessary attachments (residency statement, bid bond, references, descriptive literature, etc.) must be submitted with the bid and in the required format. Bid prices must be for the unit indicated in the bid. Failure to comply with all requirements may result in bid rejection.
2.1.3 CONFLICT OF INTEREST: By submitting a bid, a Bidder certifies that no officer, agent or employee of the City who has a pecuniary interest in this Agreement has participated in preparation of the proposal or resulting Agreement, that the proposal was made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same proposals, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.
2.1.4 COST OF BIDDING: This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a bid, or in making necessary studies or designs for the preparation thereof, or for procuring or Contracting for the items to be furnished under the invitation to bid.
2.1.5 PRODUCT IDENTIFICATION: Bidders must clearly identify all products bid. Brand name and model or number must be shown. The City reserves the right to reject any bid when the product information submitted with the bid is incomplete.
2.1.6 FOB DESTINATION: BID PRICES MUST BE F.O.B. DESTINATION FREIGHT
PREPAID AND ALLOWED with all transportation and handling charges paid by the Bidder.
2.1.7 EXCEPTIONS: Any deviation from solicitation specifications, terms and conditions may result in bid rejection.
2.1.8 DELIVERY: Delivery time must be shown in number of calendar days after receipt of order.
2.1.9 SIGNATURE ON BID: Bids must be signed in ink by an authorized representative of the Bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same products and is in all respects fair and without collusion or fraud. Failure to sign is cause for bid rejection.
Signature on a bid also certifies that the Bidder has read and fully understands all solicitation specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without comprehending all requirements of the Invitation to Bid.
2.1.10 BID MODIFICATION: Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and identifying the bid number and closing date. Bidders may not modify bids after bid closing time.
2.1.11 BID WITHDRAWALS: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Procurement Services prior to bid closing time. Bids may also be withdrawn in person before bid closing time upon presentation of appropriate identification.
2.1.12 LATE BIDS: Sealed bids must be received and time-stamped by Procurement Services prior to bid due time on the bid due date. Late bids will not be considered for award.
2.2 CITY SUSTAINABILITY OBJECTIVES: The City has a history of striving to be more sustainable in its operations and planning. Starting with the City’s Sustainable City Principles (1994) the City has established a variety of policies to guide its work on sustainability, including: the Sustainable Procurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual (to view these and related City policies, go to the Portland Policy Documents Website: http://www.portlandonline.com/auditor/index.cfm?c=26818. As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and social impacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health;
utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing small and local businesses; preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.
2.3 ADDENDA TO PLANS OR SPECIFICATIONS: If, in the opinion of the Chief Procurement Officer, additional information or interpretation should be provided, an Addendum will be made available to all known specification holders. Any Addendum will be issued seventy-two (72) hours or more before the scheduled closing time for submitting bids, not including Saturday, Sunday, and legal holidays. The City shall post all Addenda on the Procurement Services website. Failure of a Bidder to receive an Addendum will not excuse a Bidder from compliance with any Addendum that was posted on the website.
2.4 ORAL INSTRUCTIONS: Oral instructions or information concerning the ITB documents or the project given out by officers, employees, or agents of the City to prospective Bidders are not binding unless confirmed by Addendum.
2.5 QUESTIONS OR CLARIFICATIONS: It is the Bidder’s responsibility to ask questions, request changes or clarifications, or inform the City of Portland, Procurement Services if it believes the language, specifications or requirements of an ITB are ambiguous, contradictory, or have other problems. Unless a different time is provided in the ITB, questions received less than seven (7) calendar days prior to the date bids are due may not be answered Clarifications of any provision of the solicitation document are binding only if the City amends the solicitation document by Addendum.
2.6 PROTEST OF SOLICITATION SPECIFICATIONS: A Bidder who believes specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the Chief Procurement Officer. To be considered, protests must be submitted within 7 days after a solicitation document is advertised (ten days if the bid is for a public improvement). Protests must be submitted via email to the Procurement Buyer identified on page 1 http://www.portlandonline.com/auditor/index.cfm?c=26818
2.7 BID OPENING: Bids will be publicly opened at the scheduled opening time stated in the Solicitation. Award decisions will not be made at the bid opening.
2.7.1 BID EVALUATION AND AWARD: The City of Portland reserves the right to award a single or multiple contracts to the lowest responsive and responsible Bidder(s) submitting the most advantageous bid to the City. Bids may be submitted on all sections or on individual sections. For sections that are bid, each line item must reflect a bid. If all line items in a section are not bid, the bid may be rejected. The award(s) will be made either on all sections or by individual sections. Single or Multiple contracts will be awarded for each section. Determination of lowest bid shall be based on the lowest TOTAL SECTION PRICE for each section. A standard City of Portland Price Agreement will be awarded to the lowest responsive and responsible bidder(s) for each section. All sections bid shall be available as per the terms set in Section III, 3. REQUIRED PRODUCT DELIVERY below.
2.7.2 EVALUATION CRITERIA: Bids will be awarded based upon the evaluation criteria in the Invitation to Bid and in accordance with Section 5.10 of City Code.
2.7.3 RECIPROCAL PREFERENCE: In determining the "lowest responsible Bidder”, the City will add a percent increase to each out-of-state Bidder's bid price which is equal to the percent given to local Bidders in that Bidder's home state. For example, if the "lowest responsible Bidder" is from a state that grants a 10 percent preference to local Bidders, the City will add 10 percent to that Bidder's price when evaluating the bid.
2.7.4 LOCAL CONTRACTING: The City prefers products that have been manufactured or produced by a local business if price, fitness, availability and quality are otherwise equal;
desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements or services; and wants the residents of the State of Oregon and SW Washington to benefit from optimizing local businesses and services, and the local employment opportunities they generate.
2.7.5 CASH DISCOUNTS: Cash discounts will not be considered for award purposes unless stated in the bid documents.
2.7.6 DELIVERY: Ability to meet the City’s required delivery date shall be used to determine responsiveness. Cash Discounts: Cash discounts will not be considered for award purposes unless stated in the bid documents.
2.7.7 PAYMENT: The City’s standard payment term is Net 30 days. Bids which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.
It is the City’s policy to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. To initiate payment of invoices, vendors shall execute the City’s standard ACH Vendor Payment Authorization Agreement which is available on the City’s website at: Register as an approved City Supplier | Portland.gov
Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be in United States currency.
2.7.8 BID REJECTION: The City reserves the right to reject any and all bids.
https://www.portland.gov/business-opportunities/doing-business-city/register-city-supplier
2.7.9 CANCELLATION: The City reserves the right to cancel this solicitation at any time without award.
2.7.10 BID RESULTS: Bidders who receive awards will be notified of bid results via the Procurement Services website; unsuccessful Bidders will not be directly notified. Bid results are available by phone or email.
2.7.11 PROTESTS: A written protest regarding the procurement process or this solicitation document must be submitted within 7 days after a solicitation document is advertised. A written protest regarding contract award must be submitted in writing within 7 days after the award of a contract or Notice of Intent to Award, whichever occurs first. A written protest of any Addendum must be submitted by the close of the next business day after issuance of the Addendum. Late protests will not be considered. See PCC 5.10.
SECTION 3 SUPPLEMENTAL REQUIREMENTS
3.1 REQUIRED SERVICE DELIVERY: The selected Contractor(s) shall commence work within 21
Calendar Days from the date of receipt of the Task Order.
The Contractor shall immediately notify the City, in writing, if delivery cannot be completed as intended.
NOTE: Acceptance occurs when the City authorizes payment of the invoice.
3.2 INTERGOVERNMENTAL CO-OPERATIVE PURCHASING: The Bidder awarded the contract agrees to extend identical prices and services under the same terms and conditions to all public agencies. Quantities stated herein reflect the City of Portland usage only. Purchases from other agencies do not affect the Contactor’s obligation to the City of Portland. Other agencies will execute their own Contracts with the Bidder. The successful Bidder shall provide quarterly usage reporting of the City of Portland and that of other public agencies. Any Bidder, by written notification included with their bid, may decline to extend the prices and terms of this bid to any and/or all other public agencies.
3.3 ADDITIONAL PURCHASES: The City reserves the right to purchase additional goods and services beyond the goods and services stated in the bid documents at the same prices submitted by the Bidder. Such additional purchases are not guaranteed and will be made at the City’s sole discretion.
3.4 INTENT OF SPECIFICATIONS: The intent of these specifications is to provide PBOT with vacuum excavation utility locating services. Bidders shall include in their bids all costs for all components and labor necessary to ensure that the stormwater systems are fully operational, regardless of any apparent omission of any particular component of these specifications.
If it appears the City omitted an important component of any item identified in this bid, the Bidder shall bring that matter to the attention of the City during the period of time available for requesting clarification [as indicated in Section 2.3]. The specifications in this ITB will be part of the Contract between the City and the successful Bidder(s).
3.5 SILENCE OF SPECIFICATION: The silence or omission of the specifications as to any detail means that only the best commercial practices are to prevail in this ITB and resulting Contract; only materials and workmanship of first quality are to be used.
3.6 TAXES: Taxes, whether State or Federal, shall not be included in the bid prices. A tax exemption certificate will be provided by the City on request.
3.7 SUBMISSION OF BIDS
3.7.1 BID SUBMITTAL: By submitting a bid, the Bidder agrees to furnish any and all products required by the ITB, at the prices quoted, pursuant to all requirements and specifications as contained therein.
All bids must be clearly and distinctly typed or written with ink or indelible pencil. Do not erase mistakes. Instead, cross out mistakes and correct them and corrections typewritten or written in ink adjacent thereto, and initialed in ink by the party signing the bid, or his/her authorized representative. As a result of any of these actions, if the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail. All bids must be on the form furnished by the City, or it may be rejected by the City. The omission of such items as delivery dates, or any other required information may cause the offer to be considered non-responsive.
3.7.2 BID PRICES: The Bid price includes the cost to obtain all permits and licenses that may be required to perform the services required for the Contract. Submit unit or hourly prices if requested. All prices quoted shall include all packing, handling, shipping charges, and the warranty provisions and requirements as listed in these specifications, FOB delivered and unloaded at the designated location(s). If assembly is required, offered prices shall include all costs associated with delivery, assembly, set-up and proper disposal of packaging materials. The offer price shall be exclusive of any sales, purchaser, or consumer tax.
The prices submitted shall be firm during the Contract period. Submit unit prices if requested.
Bid prices shall remain valid for sixty (60) calendar days from bid opening unless otherwise indicated within the ITB. If the bid is accepted, prices shall remain firm for the specified Contract period.
3.7.3 BID PRICING FORM: The Bidder shall include unit and extended pricing for all equipment offered on the form provided by the City within this solicitation or may be rejected. In the event of a conflict between unit pricing and extended pricing, unit pricing shall prevail.
3.7.4 BID BOND: A bid bond is not required.
SECTION 4 STANDARD TERMS AND CONDITIONS FOR CITY OF PORTLAND
CONTRACT/PRICE AGREEMENTS
The following terms and conditions apply to any contract awarded:
4.1 DEFINITIONS: The definitions found in PCC 5.10 shall apply to the Contract.
4.2 STATE OF OREGON BUSINESS REGISTRATION: The successful Bidder(s) must also be in compliance with business registration regulations for the State of Oregon. State of Oregon: Business - Laws and Rules
4.3 EXECUTION OF CONTRACT/PRICE AGREEMENT: The Bidder(s) to whom award is made shall execute and return the Contract/Price Agreement and shall furnish all required bonds and insurance certificates satisfactory to the city within twenty (20) days after the Bidder receives the Contract/Price Agreement.
4.4 FAILURE TO EXECUTE CONTRACT: Failure on the part of the Bidder to whom the Contract is awarded to execute the Contract and deliver the Contract, all required bonds and insurance certificates within the time required permits the City to cancel the award of the Contract and charge Bidder for the difference in price between its bid and that of the next lowest responsible bidder.
4.5. PURCHASING FROM CITY EMPLOYEES: No purchase can be made from any business with which a City employee is associated unless authorized by PCC 5.10.
SECTION 5 ADDITIONAL CONTRACT TERMS AND CONDITIONS APPLICABLE TO THIS
CONTRACT/PRICE AGREEMENT
5.1 INSURANCE – PROOF OF COVERAGE
Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Chief Procurement Officer or the Auditor. Contractor shall obtain and maintain in full force at Contractor expense, throughout the duration of the Contract and any warranty or extension periods, the required insurance identified below. The City reserves the right to require additional insurance coverage as required by statutory or legal changes to the maximum liability that may be imposed on Oregon cities during the term of the Contract.
5.1.1 COMMERCIAL GENERAL LIABILITY
Contractor shall acquire commercial general liability (“CGL”) and property damage insurance coverage in an amount not less than $2 million per occurrence for damage to property or personal injury arising from Contractor’s work under this Contract.
☒ Required and attached ☐ Reduced by City ☐ Waived by City
5.1.3 WORKERS’ COMPENSATION
Contractor shall comply with Oregon workers’ compensation law, ORS Chapter 656, as it may be amended. If Contractor is required by ORS Chapter 656 to carry workers’ compensation insurance, Contractor shall acquire workers’ compensation coverage for all subject workers as defined by ORS Chapter 656 and shall maintain a current, valid https://sos.oregon.gov/business/Pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/laws-rules.aspx certificate of workers’ compensation insurance on file with the City for the entire period during which work is performed under this Contract. Contractor shall acquire workers compensation coverage in an amount not less than $1 million each accident, $1 million disease each employee, and $1 million disease policy limit.
☒ Required and attached or ☐ Proof of exemption (Complete Independent Contractor Certification Statement)
5.1.4 CONTINUOUS COVERAGE; NOTICE OF CANCELLATION
The Contractor agrees to maintain continuous, uninterrupted coverage for the duration of the Contract. There shall be no termination, cancellation, material change, potential exhaustion of aggregate limits or non-renewal of coverage without thirty (30) days written notice from Contractor to the City. If the insurance is canceled or terminated prior to completion of the Contract, Contractor shall immediately notify the City and provide a new policy with the same terms. Any failure to comply with this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract.
5.1.5 ADDITIONAL INSURED
The liability insurance coverages, except Professional Liability, Errors and Omissions, or Workers' Compensation, shall be without prejudice to coverage otherwise existing, and shall name the City of Portland and its bureaus/divisions, officers, agents and employees as Additional Insureds, with respect to the Contractor's activities to be performed, or products or services to be provided. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured.
5.1.6 CERTIFICATE(S) OF INSURANCE
Contractor shall provide proof of insurance through acceptable certificate(s) of insurance and additional insured endorsement form(s) to the City prior to the award of the Contract if required by the procurement documents (e.g., request for proposal), or at execution of Contract and prior to any commencement of work or delivery of goods or services under the Contract. The Certificate(s) will specify all of the parties who are endorsed on the policy as Additional Insureds (or Loss Payees). Insurance coverages required under this Contract shall be obtained from insurance companies acceptable to the City of Portland. The Contractor shall pay for all deductibles and premium. The City reserves the right to require, at any time, complete, certified copies of required insurance policies, including endorsements evidencing the coverage the required.
5.1.7 SUBCONTRACTOR(S)
Contractor shall provide evidence that any subcontractor, if any, performing work or providing goods or service under the Contract has the same types and amounts of coverages as required herein or that the subcontractor is included under Contractor's policy.
SECTION 6 INSPECTION AND CONTRACT ADMINISTRATION
6.1 INSPECTION OF GOODS: No equipment, supplies, and/or services received by an agency or jurisdiction pursuant to a Contract or Task Order, shall be deemed accepted until the agency has had reasonable opportunity to inspect said equipment, supplies, and/or services.
All equipment, supplies, and/or services which do not comply with the specifications and/or requirements, or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective, or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.
6.1.2 WARRANTY
The Contractor represents and warrants that (i) Contractor shall perform all Services set forth herein in a good and workmanlike manner, in conformance with the Specifications and requirements of the Contract, and in accordance with the highest applicable professional and/or industry standards; (ii) Contractor warrants that each of Contractor’s employees assigned to perform Services has the proper skill, training, and background to be able to perform Services in a competent, timely, and professional manner and that all Services shall be so performed; and (iii) Contractor shall, at all times during the term of the Contract, maintain and keep current all licenses and certifications required to perform the work set forth in the Contract.
6.2 REJECTION OF DELIVERED GOODS: The City’s right to reject any unacceptable products shall not exclude any other legal, equitable or Contractual remedies the City may have. The City reserves the right to return any such rejected shipment at the Contractor’s expense for full credit or replacement and to specify a reasonable date by which replacements must be received.
SPECIAL CONDITIONS
Where special conditions are written in the specifications, these special conditions shall take precedence over any general conditions listed elsewhere in the bid solicitation in the event of a conflict.
These “Terms and Conditions” are not to be construed as exclusive remedies or as a limitation upon rights or remedies that may be or may become available under ORS Chapter 71-83 (Universal Commercial Code).
VII. ATTACHMENTS
1. REPRESENTATIONS, CERTIFICATIONS
2. BID SCHEDULE
3. NON-COLLUSION AFFIDAVIT
VIII. EXHIBITS
A TECHNICAL SPECIFICATIONS
B SAMPLE INVOICE
C SAMPLE EXCAVATION REPORT
D PAVEMENT RESTORATION DETAIL P-509
E STANDARD GOODS AND SERVICES PRICE AGREEMENT
F SAMPLE TASK ORDER
G SUBMISSION INSTRUCTIONS
ATTACHMENT 1
REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS
MAINTENANCE AND REHABILITATION OF PUBLIC-SCHOOL STORMWATER
MANAGEMENT FACILITIES
BID
OFFER DATE
OFFEROR NAME
OFFEROR DOING BUSINESS AS
OFFEROR ADDRESS
AUTHORIZED REPRESENTATIVE NAME
AUTHORIZED REPRESENTATIVE TITLE
AUTHORIZED REPRESENTATIVE
PHONE
MAILING ADDRESS
SIGNATURE
LOCAL REPRESENTATIVE
LOCAL REPRESENTATIVE PHONE
LOCAL REPRESENTATIVE EMAIL
CITY OF PORTLAND BUSINESS
LICENSE NUMBER
STATE OF OREGON REGISTRY
NUMBER
FEDERAL TAXPAYER IDENTIFICATION
NUMBER (TIN)
TYPE OF ORGANIZATION
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Other ____________________.
COMMON PARENT
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
RESIDENT BIDDER
All Offerors must state whether or not they are an Oregon resident Bidder as defined in ORS 279A.120, a resident Offeror is one who has paid unemployment taxes or income taxes in the State during the twelve (12) calendar months immediately preceding bid submission, has a business address in Oregon, and has stated in their bid to be a resident bidder.
[_] Offeror is a Resident Bidder [_] Offeror is not a Resident Bidder State of Residence ____________________________________
ATTACHMENT 2
BID SCHEDULE INFORMATION: The Offeror represents and certifies as part of the following bid:
An Offeror submitting a bid certifies that no officer, agent or employee of the City who has a pecuniary interest in this bid has participated in preparation of the bid, that the bid is made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same call for bids, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.
The undersigned having full knowledge of the specifications for the item(s) listed herein offers and agrees that this bid shall be irrevocable for at least sixty (60) calendar days after the bid opening date and time, and if accepted shall furnish any and/or all items(s) at the prices offered, all required documents, licenses and certifications, guarantees, titles and warranties as required and deliver at the designated point(s) within the time specified in the schedule.
ITEM
ITEMS OF WORK AND
MATERIALS SCHEDULE(S) UNITS UNIT
PRICE
1 Excavation 0 to 4-feet, bgs Asphalt or Concrete Surface Restoration
1a. Three or less holes 1b. Four or more holes
1 or 2
Each
2 Excavation 0 to 4-feet, bgs Topsoil Surface Restoration
2a. Three or less holes 2b. Four or more holes
3 or 4
3 Excavation 0 to 4-feet, bgs Gravel Surface Restoration
3a. Three or less holes 3b. Four or more holes
5 or 6
4 Excavation deeper than 4-feet to 12 feet, bgs
7 Foot
5 Excavation Away from Pothole Center
7A Foot
6 Traffic Control Measures
6a. Local Service Street 6b. Arterial Street 6c. State Highway 6d. Each Additional Flagger including signage 6e. Road Closure Barricades
Without Flaggers (insert same hourly rate as item 5a)
Hour
7 Project Management – Upfront Support
11 Hour
NOTE: Unit Price includes hourly personnel and equipment costs, materials, surface coring, surface removal, excavation, backfill, surface restoration, cleanup, setup, takedown, and other activity required to complete Items of work. No separate or additional payment will be made for erosion control, disposal of material, or preparing an Excavation Report. Bidders must bid on ALL lines to be considered for award in that category of work.
VENDOR NAME_________________________________________________
SIGNATURE ___________________________________________________
ATTACHMENT 3
NON-COLLUSION AFFIDAVIT
STATE OF Contract Bid DOC2314444802
COUNTY OF
I, (Type/Print Name) , state that I am (Position Title) of (Name of Firm) and that I am authorized to execute this affidavit on behalf of this firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.
I state that:
1. The price(s) and the amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, offeror, or potential offeror, except as disclosed.
2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a offeror or potential offeror, and the price(s), will not be disclosed before bid opening.
3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.
4. The bid of this firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.
5. (Name of Firm) , 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 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.
I state that (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied on by THE CITY OF PORTLAND, OREGON in awarding the Contract(s) for which this bid is submitted. My firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from THE CITY OF PORTLAND, OREGON of the true facts relating to the submission of bids for this Contract.
Signature
Subscribed and sworn to before me this
___ ______ day of , NOTARY PUBLIC
My commission expires ___________________
EXHIBIT A
TECHNICAL SPECIFICATIONS
A. GENERAL: These specifications represent the requirements of the City of Portland Bureau of Transportation (“PBOT”). The average excavation size must be 8-inches or less in diameter for all work to locate underground utilities. Specific details are provided in the schedules below.
B. APPLICABLE STANDARDS, PLANS, AND DETAILS: Perform all work consistent with accepted industry practices when performing underground utility excavation work and surface restoration in accordance with requirements described herein. Unit prices include time to travel from portal to portal, including any necessary travel to dump and dispose of the excavation spoils.
C. VACUUM EXCAVATION SCHEDULES:
SCHEDULE 1 - EXCAVATE TO 4-FEET BELOW GROUND SURFACE (BGS) WITH ASPHALT
CONCRETE SURFACE RESTORATION:
1) SCOPE: Neatly core through the existing asphalt concrete surface and carefully remove materials without damaging the adjacent area. Excavate to a maximum depth of 4-feet below ground surface (bgs). If the utility is exposed, collect data for the Excavation Report. If the utility is not exposed, perform additional excavation to a maximum depth of 12 feet bgs to locate the utility, as directed. Upon completion of the work, fill the void with either suitable native material or ¾”–0” crushed aggregate or medium sand to 18-inches below the finished surface. Place premix concrete per Exhibit D – Pavement Restoration Detail P-509, on top of the backfill material, to the top of the existing pavement base aggregate elevation. The depth of the concrete shall be a minimum of 12- inches. Place and compact all backfill and base-aggregate materials in a manner that does not create any voids or conditions that could cause subsidence of the restored surface.
Tack coat and restore the cored surface area with either Minor Hot Mixed Asphalt Concrete (MHMAC) or approved cold mix to match the existing surface elevation. Use Sand Seal to seal AC cut.
2) MEASUREMENT AND PAYMENT: Excavations to 4-feet bgs with asphalt concrete surface restoration will be measured on a unit basis for each complete excavation equaling one (1) unit and the total quantity of holes in the work order.
Payment will include hourly personnel and equipment costs, materials, surface coring, surface removal, excavation, backfill, and surface restoration. No separate or additional payment will be made for erosion control, disposal of material, or preparing an Excavation Report.
Items will be paid for according to Attachment 2, Bid Form, per unit of measurement, for the following:
Excavation, 0-4 feet bgs, AC Surface (each) according to the total number of holes in a work order as follows:
• 1a. Three holes or less ........................... Each
• 1b. Four or more holes ........................... Each
SCHEDULE 2 - EXCAVATE TO 4-FEET BGS WITH CONCRETE SURFACE RESTORATION:
1) SCOPE: Neatly core through the concrete surface and carefully remove materials without damaging the adjacent area. Excavate to a maximum depth of 4-feet bgs. If the utility is exposed, collect data for the Excavation Report. If the utility is not exposed, perform additional excavation to a maximum of 12 feet bgs to locate the utility. Upon completion of the work, fill the void with either the native material, if suitable, ¾” – 0” crushed aggregate or medium sand to 18-inches below the finished surface. Place premix concrete per Exhibit F – Pavement Restoration Detail P-509, on top of the backfill material, to the top of the existing pavement. The depth of this material shall be 12-inches minimum. Place and compact all backfill and base-aggregate materials in a manner that does not create any voids or conditions that could cause subsidence of the restored surface.
Place concrete on top of the backfill material to match the top of the existing pavement base elevation. Restore the cored surface area with concrete to match the existing surface elevation.
2) MEASUREMENT AND PAYMENT: Excavations to 4-feet bgs with concrete surface restoration will be measured on a unit basis for each complete excavation equaling one (1) unit.
Payment includes hourly personnel and equipment costs, materials, surface coring, surface removal, excavation, backfill, and surface restoration. No separate or additional payment will be made for erosion control, disposal of material or preparing an Excavation Report.
Items will be paid for according to Attachment 2, Pricing, per unit of measurement, for the following:
Excavation, 0-4 feet bgs, Concrete Surface (each) according to the total number of holes in a work order as follows:
• 1a. Three holes or less ................... Each
• 1b. Four or more holes ................... Each
SCHEDULE 3 - EXCAVATE TO 4-FEET BGS WITH TOPSOIL SURFACE RESTORATION
1) SCOPE: Carefully remove existing topsoil without damaging the adjacent area. Stockpile the topsoil for use during restoration. Excavate to a maximum depth of 4-feet bgs. If the utility is exposed, collect data for the Excavation Report. If the utility is not exposed, perform additional excavation to a maximum of 12 feet bgs to locate the utility. Upon completion of the work, fill the void with either the native material, if suitable, or ¾” – 0” crushed aggregate up to 12-inches bgs. Place and compact all backfill and base-aggregate materials in a manner that does not create any voids or conditions that could cause subsidence of the restored surface.
Place stockpiled topsoil into the excavated area to match the existing surface elevation, replace grass plug, when applicable.
2) MEASUREMENT AND PAYMENT: Excavations to 4-feet bgs with topsoil surface restoration will be measured on a unit basis for each complete excavation equaling one (1) unit.
Payment includes hourly personnel and equipment costs, materials, surface removal, topsoil stockpiling, excavation, backfill, and surface restoration. No separate or additional payment will be made for erosion control, disposal of material, or preparing an Excavation Report.
Items will be paid for according to Attachment 2, Pricing, per unit of measurement, for the following:
Excavation, 0-4-feet bgs, Topsoil Surface (each) according to the total number of holes in a work order as follows:
• 2a. Three holes or less ........................... Each
• 2b. Four or more holes ........................... Each
SCHEDULE 4 - EXCAVATION TO 4-FEET BGS WITH GRAVEL SURFACE RESTORATION
1) SCOPE: Carefully remove gravel without damaging the adjacent area. Excavate to a maximum depth of 4-feet bgs. If the utility is exposed, collect data for the Excavation Report. If the utility is not exposed, perform additional excavation up to 12 feet bgs to locate the utility. Upon completion of the work, fill the void with either suitable native material or ¾”–0” crushed aggregate or medium sand to 8-inches below the finished surface. Place and compact all backfill and base-aggregate materials in a manner that does not create any voids or conditions that could cause subsidence of the restored surface.
Place 8-inches of crushed aggregate into the excavated area to match the existing surface elevation.
2) MEASUREMENT AND PAYMENT: The quantities of excavation up to 4-feet bgs with gravel surface restoration will be measured on a unit basis for each complete excavation equaling one (1) unit.
Payment includes hourly personnel and equipment costs, materials, surface removal, surface material stockpiling, excavation, backfill, and surface restoration. No separate or additional payment will be made for erosion control, disposal of material or preparing an Excavation Report.
Items will be paid for according to Attachment 2, Pricing, per unit of measurement, for the following:
Excavation, 0-4-feet bgs, Gravel Surface (each) according to the total number of holes in a work order as follows:
• 3a. Three holes or less ........................... Each
• 3b. Four or more holes ........................... Each
SCHEDULE 5 - EXCAVATION DEEPER THAN 4-FEET TO 12 FEET BGS
1) SCOPE: If necessary, continue excavating below 4-feet bgs to expose the utility. Do not exceed 12 feet bgs without prior written approval. Collect data for the Excavation Report. Upon completion fill the void with either suitable native material, or ¾”–0” crushed aggregate or medium sand. Place and compact all backfill and base-aggregate materials in a manner that does not create any voids or conditions that could cause subsidence of the restored surface.
2) MEASUREMENT AND PAYMENT: Measurement for excavating deeper than 4-feet to 12 feet bgs will be measured from 4-feet bgs to the bottom of the excavation to the nearest 0.1-foot.
Payment will include hourly personnel and equipment costs, materials, excavation, and backfill and restoration.
Items will be paid for according to Attachment 2, Pricing, per unit of measurement, for the following:
• Excavation deeper than 4-feet to 12 feet bgs ........ Foot
SCHEDULE 5A–EXCAVATION AWAY FROM THE POTHOLE CENTER
1) SCOPE: When unable to find a utility at its marked location and when directed by PBOT continue to excavate laterally away from the original pothole center. Lateral excavations shall not exceed 1.5 feet, any direction, beyond the pothole center. If unable to locate the utility within this area, stop excavation work. Collect data for the Excavation Report. Upon completion fill the void with either suitable native material or ¾”–0” crushed aggregate or medium sand. Place and compact all backfill and base-aggregate materials in a manner that does not create any voids or conditions that could cause subsidence of the restored surface.
2) MEASUREMENT AND PAYMENT: Measurement for Excavation Away from the pothole center will be horizontal from the pothole center to the nearest 0.5 foot.
Payment will include hourly personnel and equipment costs, materials, excavation, and material disposal, backfill and restoration.
Items will be paid for according to Attachment 2, Pricing per unit of measurement, for the following:
• Excavation Away from Pothole Center ....... Foot
SCHEDULE 6 - TRAFFIC CONTROL MEASURES
1) SCOPE: Work in public rights-of-way requires traffic control measures that vary because street classifications and traffic volumes change throughout the City. For this Contract, three street classifications: 1) Local Streets, 2) Arterials (striped streets) and
3) State Highways are identified. Each of these three street classifications requires a different level of traffic control and equipment to assure the Work is done safely.
These classifications are consistent with the City’s Transportation System Plan.
The following minimum personnel and equipment shall be provided when work is planned on any of the classified streets:
• Local Street .........................................2 flaggers, 1 truck, 9 signs & 20 cones
• Arterial Street (i.e., striped street) .......3 flaggers, 1 truck, 12 signs & 20 cones
• State Highway .....................................4 flaggers, 2 trucks, 18 signs & 40 cones
• All ........................................................“Sidewalk Closed” signs, as needed
2) MEASUREMENT AND PAYMENT: Under this schedule, no measurement of quantities will be made.
Traffic Control Measures will be paid for according to Attachment 2, Bid Form, for the following street classifications:
• Local Service Street ............................. Hourly
• Arterial Street (i.e., striped streets) ....... Hourly
• State Highway ...................................... Hourly
Time for traffic control will begin when personnel and equipment are on site and available for set up and end 30 minutes after the work is complete to allow for clean-up and equipment removal.
Payment for Traffic Control Measures including personnel and equipment described in the Scope will be four (4) hours, minimum, at the hourly rate listed for the classified street where the work will occur.
Payment for Traffic Control Measures required for more than four (4) hours will be at the classified street hourly rate for each hour that exceeds a four (4) hour duration.
Before leaving the work site the PBOT representative and the Contractor’s representative must agree to the start and end times that exceed four (4) hours.
Payment for Road Closure Barricade Placement without Flaggers will not be paid the four (4) hours, minimum. Payment for this item will be hours at the hourly rate for a Local Service Street to coordinate signage placement and removal including incidental equipment.
Payment for additional equipment required to complete the work that exceeds the number and type listed in Scope for the classified street where work will occur will be one (1) additional hour to accommodate loading and unloading equipment.
Payment for Each Additional Flagger that exceeds the number listed in the Scope for the classified street where the work will occur will be the hourly rate provided in the Bid. Signage required for each additional flagger is considered incidental.
Payment includes personnel, flaggers, equipment including placing, moving, maintaining, inspecting, and removal. No separate or additional payment will be made for temporary tape, cones, reflectors, or incidental items.
SCHEDULE 7 -- TRAFFIC CONTROL PLANS AND PARKING RESERVATION PERMITS
1) SCOPE: Most sites selected for utilities location require traffic control plans (TCP) and parking reservations to secure Temporary Street Use Permits (TSUP) to complete the work. Contractor is responsible for TCP preparation and TSUP permitting.
The Contractor is expected to prepare and submit for approval, a Traffic Control Plan (TCP) for managing traffic flow for vehicles, pedestrians and bicycles and securing parking spaces affected by the work.
The Bureau of Transportation will review and approve the submitted Traffic Control Plan. Work within a State Highway will require review and approval by the Oregon Department of Transportation Regional Office in Portland. The City will coordinate this process.
Each work site shall have approved traffic control measures in place before beginning work and a copies of the approved Traffic Control Plan (TCP) and Temporary Street Use Permit (TSUP) on site during the Work.
2) MEASUREMENT AND PAYMENT: Traffic control plans (TCP) and parking reservations required to complete the work will be measured on a unit basis for each site that requires either a TCP and/or parking space reservation(s).
Payment for TCP preparation and parking reservations will be paid for according to Attachment 2, Pricing, as follows:
• Traffic Control Plans ........................ Site-Specific TCP, permit cost plus 5%,
• Parking Reservations ...................... Vacated Parking Space, Each
Payment for each Site-Specific TCP includes coordination, preparation, and delivery of…
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