Project Manual~6.pdf

Bid No. 223085 Project No. 718506

Project Manual For

River Road: Shangri-La Avenue to Wheatland Road (Keizer) ribarnes Snapshot

Bid No. 223085

Project No. 718506

TOC-1

Table of Contents

TABLE OF CONTENTS

INVITATION TO BID ........................................................................................................................ 00001-1

BID SECTION

INSTRUCTIONS TO BIDDERS ........................................................................................................ 00010-1

REQUIRED BID DOCUMENTS

BID SCHEDULE ................................................................................................................................. 00011-1

BID CERTIFICATION ....................................................................................................................... 00015-1

BID BOND .......................................................................................................................................... 00020-1

DRUG & ALCOHOL TESTING POLICY CERTIFICATION .......................................................... 00021-1

CONTRACTOR DISCLOSURE FORM ............................................................................................. 00022-1

DBE COMMITMENT REQUIREMENTS ......................................................................................... 00023-1

DBE COMMITMENT CERTIFICATION AND UTILIZATION FORM .......................................... 00024-1

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM ............................................................... 00025-1

CONTRACT DOCUMENTS AND FORMS

CONRACT FOR CONSTRUCTION .................................................................................................. 00050-1

PROJECT WAGE RATES .................................................................................................................. 00060-1

NOTIFICATION OF COMMENCEMENT AND COMPLETION DATES

FOR CONTRACT PROJECTS ........................................................................................................... 00062-1

PERFORMANCE BOND .................................................................................................................... 00065-1

PAYMENT BOND .............................................................................................................................. 00066-1

SAMPLE CERTIFICATE OF LIABILITY INSURANCE ................................................................. 00070-1

CERTIFICATION OF WORKERS’ COMPENSATION FORM…………………………………….00072-1

SUBSTITUTION AND APPROVED EQUAL REQUEST FORM .................................................... 00075-1

VALUE ENGINEERING CHANGE PROPOSAL (VECP) ............................................................... 00077-1

SUBMITTAL TRANSMITTAL FORM ............................................................................................. 00080-1

REQUEST FOR INTERPRETATION FORM .................................................................................... 00085-1

OTHER REQUIRED CONTRACT DOCUMENTS

DBE INFORMATION......................................................................................................................... 00090-1

REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONTRACTS (FWHA – 1273) ... 00091-1

ON-SITE WORKFORCE AFFIRMATIVE ACTION REQUIREMENTS

FOR WOMEN AND MINORITIES ON FEDERAL-AID CONTRACTS ......................................... 00092-1

EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS .............................................................. 00093-1

EQUAL EMPLOYMENT OPPORTUNITY – ASPIRATIONAL TARGET PROVISIONS ............. 00094-1

OREGON DEPARTMENT OF TRANSPORTATION POLICY STATEMENT

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM ............................................... 00095-1

DISADVANTAGED BUSINESS ENTERPRISE (DBE) SUPPLEMENTAL

REQUIRED CONTRACT PROVISIONS .......................................................................................... 00096-1

ASSIGNED DBE CONTRACT GOAL .............................................................................................. 00097-1

REIMBURSABLE FEDERAL ON-THE-JOB AND APPRENTICESHIP TRAINING .................... 00098-1

SPECIAL PROVISIONS ......................................................................................................................... 00100-1

PERMITS

NPDES 1200-CA PERMIT

WORK IN RIGHT-OF-WAY PERMIT APPLICATION CITY OF SALEM

WORK IN RIGHT-OF-WAY PERMIT APPLICATION CITY OF KEIZER

CITY OF SALEM BLUE SHEETS

APPENDIX A

CITY OF SALEM AND ODOT INADVERTENT DISCOVERY PLAN FOR CULTURAL RESOURCES

DRAWINGS

Bid No. 223085 / Project No. 718506

00001-1 Invitation to Bid

CITY OF SALEM, OREGON PUBLIC WORKS DEPARTMENT

Invitation to Bid

For

River Road: Shangri-La Avenue to Wheatland Road (Keizer)

The Contracts and Procurement Manager of the City of Salem will receive bids electronically through Equity Hub’s

Bid Locker until but not after 2:30 p.m., (Local Time) Tuesday, December 13, 2022, at which time said bids will be publicly opened and read virtually using Zoom, for the project specified herein. The Zoom call-in information will be posted on OregonBuys at least 3 days prior to bid opening date and time.

WORK DESCRIPTION: The work under this Contract includes removal of existing wiring and cabling, removal of existing underground enclosures, replacement of damaged conduit, replacement of sidewalk, installing new underground enclosures, installing new fiber optic cabling underground and overhead, and other appurtenant work.

PREQUALIFICATION: Bidders are required to be prequalified by ODOT for the following work classifications:

• ELEC – Electrical

Applications for Prequalification shall be submitted to ODOT no later than 10 days prior to the bid closing/opening date. See 00120.00 for more information.

PROCUREMENT DOCUMENTS: Bidders may obtain the bid documents by registering on the OregonBuys website and downloading them. Bidders shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov/. The City shall advertise all Addenda on OregonBuys. Prospective bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Bid documents will not be mailed to prospective bidders.

PRE-BID CONFERENCE: No pre-bid conference is scheduled for this project.

BID SUBMITTAL: Bids must be submitted on the bid forms furnished to the bidders and available on OregonBuys.

Completed bids must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker

NO LATE BIDS WILL BE ACCEPTED. Your bid must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each bid is instantly sealed and will only be visible to the City after the closing date and time.

Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission. The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

BID SECURITY: Bid security in the amount of 10 percent of the bid must accompany each bid in accordance with the Instructions to Bidders.

AWARD: The City of Salem (“City”) reserves the right to reject any or all bids, to waive informalities, and to postpone the award of the contract for thirty (30) days.

BUY AMERICA: This federally funded project is subject to the “BUY AMERICA” requirements.

00001-2 Invitation to Bid

HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity, or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. The City’s complete Title VI Plan may be viewed at (http://www.cityofsalem.net). Contracts for work under this bid will obligate the Contractor to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules and regulations.

DISADVANTAGED BUSINESS ENTERPRISES (DBE): This project is subject to Disadvantaged Business Enterprise (DBE) program requirements and the DBE policy statement as cited in 49 CFR 26. See the DBE Commitment Requirements, ODOT Policy Statement DBE Program, DBE Information page, the DBE Supplemental Required Contract Provisions and related forms for additional information.

• The DBE goal percentage for this project is 3% by ODOT.

SOLICITATION FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND

EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractors obligations under a contract awarded pursuant to this bid, Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws.

The City will provide ADA accommodations upon reasonable request to the Contracts and Procurement Manager.

The City is an Equal Employment Opportunity Employer.

CONTRACTOR DISCLOSURE: Prior to award, Contractor will be required to provide answers to the five questions stipulated in Salem Revised Code (SRC) 2.380(b).

PREVAILING WAGE RATES: Pursuant to ORS 279C.800 through 279C.870, bids exceeding $50,000 are subject to both the applicable Oregon prevailing wage rate law (BOLI) and the federal Davis Bacon Wage Rate Act (40 U.S.C.

3141 et seq.), and any amendments in effect at the time of solicitation. See the project wage rates page for more information and which rates apply.

The Work will take place in Marion County, ODOT Region 2.

TECHNICAL QUESTIONS: Inquiries concerning the contents of the bid specifications should be directed to Will Kuenzi, PE, PLS, Senior Project Manager, at 503-588-6211.

GENERAL QUESTIONS: Information pertaining to this Project may be obtained from Will Kuenzi, PE, PLS, Senior Project Manager, 555 Liberty Street SE Room 325, Salem OR 97301, at wkuenzi@cityofsalem.net or at 503-588-6211.

Shawna Self, CPPB Contracts and Procurement Manager

BID/CONTRACT NUMBER: 223085

BID CLOSING/OPENING: Tuesday, December 13, 2022, at 2:30 pm (Local Time)

HDowen Text Box Bid Section

00010-1 Instruction to Bidders

INSTRUCTIONS TO BIDDERS

1.1 Description of Work

Construction of River Road: Shangri-La Avenue t o Wheatland Road (Keizer) as called for in the Plans and Specifications and such additional Incidental Work as requested by the Engineer. The estimated project cost range is $1,100,00 to $1,600,000.

1.2 Applicable Specifications

The General Conditions applicable to the Work on this Project are the General Conditions for Construction for the City of Salem Federal Aid Transportation Projects, Part 00100, available for download on the City of Salem website at:

https://www.cityofsalem.net/business/building-in-salem/helpful-resources/engineering-and-technical-resources/standard-plans-construction-specifications-and-public-works-design-standards

The Standard Specifications applicable to the Work on this Project are the 2021 Oregon Standard Specifications for

Construction (OSSC), Parts 00200 through 03000, published by the Oregon Department of Transportation (ODOT) and available for download on the ODOT website at:

https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx

The Special Provisions applicable to the Work on this Project are enclosed in the Solicitation Documents. . The Special Provisions shall be understood to supersede the Standard Specifications and General Conditions by modification and/or supplement. All number references in the Special Provisions shall be understood to refer to the section or subsection of the Standard Specifications or General Conditions bearing like numbers.

1.3 Requests for Clarification or Changes

As stated in 00120.15 of the General Conditions, any clarification of Plans and Specifications needed by the Bidder shall be submitted to the City at least ten (10) days prior to the date of Bid Closing. Failure to request clarification or changes in a timely manner shall be deemed acceptance of all the terms and conditions of the Procurement.

1.4 Time and Place of Receiving Bids

Prepare and submit Bids as specified in Section 00120 no later than 2:30 p.m. on Tuesday, December 13, 2022 (Bid Closing).

1.5 Time for Completion of Work

Complete all Work to be done under the Contract as specified in 00180.50.

Recording of the elapse of Calendar Days, if specified, will begin on the day the Contractor begins On-Site Work as defined in 00110.20.

Bidder accepts the provisions of the Contract for Construction as to liquidated damages in the event of failure to complete the Work within the Contract Times.

1.6 Class of Project

This is a Federal-aid Project.

1.7 Class of Work

The Class of Work for this Project is: Electrical.

00010-2 Instruction to Bidders

1.8 Project Information

Information pertaining to this Project may be obtained from Will Kuenzi, PE, PLS via email at wkuenzi@cityofsalem.net or by telephone at 503-588-6211.

1.9 Bid Guaranty

No bid shall be considered unless it is accompanied by a surety bond, cashier’s check, certified check, or irrevocable letter of credit by an insured institution, as defined in ORS 706.008, of the bidder in the amount of ten percent (10%) of the bid. See 00120.40(e) for additional information.

The City shall return the bid security to all bidders upon the execution of the contract. The City shall retain bid security if a bidder who is awarded a contract fails to promptly and properly execute the contract.

1.10 Prevailing Wage Rate Requirements

This Project is subject to both the applicable Oregon prevailing wage rate law (BOLI) and the federal Davis Bacon Wage Rate Act (40 U.S.C. 3141 et seq.), and any amendments in effect at the time of bid. See the Project Wage Rates page for more information and which rates apply.

1.11 Mandatory Submission Forms

The following forms must be completed, signed and returned with the Bidder’s submission package:

• Bid Schedule

• Bid Certification

• Bid Bond (or other Bid Guaranty as allowed in 00120.40(e))

• Drug and Alcohol Testing Policy Certification

• Contractor Disclosure Form

• DBE Commitment Certification and Utilization Form (if assigned contract goal is greater than zero)

The following form must be completed, signed and arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker no later than 4:30 pm on December 13, 2022, the day Bids are opened:

• First-Tier Subcontractor Disclosure Form

The City may consider any Bid that does not include the mandatory submission forms identified in this section, filled out completely and appropriately endorsed, to be non-responsive. The City reserves the right to waive minor informalities and irregularities in determining the responsiveness of individual Bids. Non-responsive Bids shall not be considered for award.

― END OF SECTION ―

Required Bid Documents

No. Item Quantity Unit of Measure

Unit Price or

Lump Sum Price Figures

Total Amount

Quantity x Unit Price

1 Mobilization All Req'd Lump Sum $ $

2 Temporary Work Zone Traffic Control, Complete All Req'd Lump Sum $ $

3 Erosion Control All Req'd Lump Sum $ $

4 Removal of Underground Enclosure 44 Each $ $

5 Fiber Optic Interconnect System, Complete All Req'd Lump Sum $ $

6 Install Hand Hole, Complete 19 Each $ $

7 Install Splice Vault, Complete 7 Each $ $

Existing Conduit Repair, 25 Feet or Less, Complete 6 Each $ $

Existing Conduit Repair, Greater than 25 Feet, Complete 300 Lin. Ft. $ $

$TOTAL BID

City of Salem Public Works River Road: Shangri-La Avenue to Wheatland Road (Keizer) City Bid Solicitation No. 223085

Bid Schedule

River Road: Shangri-La Avenue

Bid No. 223085 / Project No. 718506 00011- 1 Bid Schedule

00015-1 Bid Certification

BID CERTIFICATION

Shawna Self, CPPB, and Procurement Manager City of Salem 555 Liberty Street SE Salem OR 97301

Ms. Self:

The Undersigned, hereinafter called the Bidder, declares that the only person or parties interested in this Bid are those named herein; that this Bid Certification is in all respects fair and without fraud; that it is made without collusion with any official or employee of the City, and without any connection or collusion with any person making another certification on this Contract.

The Bidder also certifies to the following:

A. Noncollusion:

• 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 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 City, 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 City, of the true facts relating to the submission of bids for this contract.

B. Noninvolvement in Any Debarment and Suspension:

The Bidder, its owners, directors, principals and officers:

• Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

• Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

00015-2 Bid Certification

• Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the preceding paragraph of this Certification; and

• Have not within a three-year period preceding this Bid had one or more public transactions (Federal, State, or local) terminated for cause or default.

Where the prospective primary participant is unable to certify to any of the statements in this Certification, the prospective primary participant shall attach an explanation to this Bid.

List exceptions in writing on one or more pages, as necessary, with the heading, “Certification Exceptions, Bid Insert,” and attach all pages to this Bid Certification. For each exception noted, indicate to whom the exception applies, initiating agency, and date(s) of action.

C. Lobbying Activities:

To the best of my knowledge and belief, that:

• No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions to the City of Salem Contracts and Procurement Office, 555 Liberty Street SE, Salem OR 97301. Copies of Standard Form-LLL are available at the above location.

• This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

• The prospective participant also agrees by submitting his or her Bid that he or she shall require that the language of this Certification be inserted in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

D. 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.

E. Employee Drug Testing Program:

• Pursuant to ORS 279C.505(2), that the Bidder has an employee drug testing program in place, and will maintain such program for the entire period of this contract. Failure to maintain such program shall constitute a material breach of contract.

00015-3 Bid Certification

F. Nondiscrimination:

• 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.

G. Use of Registered Subcontractors:

• That all subcontractors performing work on this public improvement contract will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701 before the subcontractors commence work under this contract.

H. Incorporation of All Addenda:

• The Bidder has incorporated into this Bid all Addenda issued for this Project.

• The Bidder understands and acknowledges that the Agency will provide all Addenda only by publishing them on the OregonBuys website. Addenda may be downloaded from the OregonBuys website.

• The Bidder shall be responsible for diligently checking the Oregonbuys website for Addenda. Bidders should check the website at least weekly until one (1) week prior to the designated time to receive bids and daily thereafter.

• By submitting this Bid, the Bidder assumes all risks associated with its failure to access all Addenda and waives all claims, suits, and actions against the State, Agency, the Agency's governing commission and its members, and their officers, agents, and employees that may arise out of the Bidder's failure to access all Addenda, in spite of any contingencies such as website failure, down-time, service interruptions, and corrupted, inaccurate, or incomplete Addenda or information.

The Bidder declares that the Bidder has carefully examined the Specifications and other proposed Contract Documents;

that the Bidder personally has made an examination of the site of the proposed Work and has made the necessary investigations to determine the conditions to be encountered independently of the indications in the Specifications. The applicable Standard Specifications, General Conditions, Special Provisions, and other Contract Documents bound herewith are by reference a part of this Bid Certification.

The Bidder agrees to accept as full payment for the Work herein proposed or the materials to be furnished the amount computed as determined by the provisions of this Invitation To Bid and based on the following Bid Certification, it being expressly understood that the unit prices listed are independent of the exact quantities involved, where unit prices apply.

The Bidder further declares the total amount of work, expressed in dollars, Bidder’s company reasonably believes it is capable of bonding at any one time: $ . The Bidder declares the portion of this amount which remains available at time of completion of this form is $ .

The Bidder further agrees that the provisions required by ORS 279C.840 shall be included in the Contract.

The Bidder is prequalified on the Oregon Department of Transportation (ODOT) list for the Work categories requested for this Project and has attached proof of prequalification to this Bid.

00015-4 Bid Certification

Experience / References

The information on this form may be utilized by the City of Salem to consider whether a Bidder has met the standards of responsibility set forth in ORS279C.375.

Current Contracts in Force/Previous Experience – minimum of three required of similar nature with public sector work.

Contract #1

Location (city/state)

Owners Name

Type of Work

Percent Completed

Estimated Completion Date

Contract #2

Location (city/state)

Owners Name

Type of Work

Contract #3

Location (city/state)

Owners Name

Type of Work

References – minimum of two project owner references and two subcontractor references.

#1 Project Owner Reference

Reference Name

Business or Employer

Telephone

Project Name/$ Amount

#2 Project Owner Reference

Reference Name

Business or Employer

#1 Subcontractor Reference

Business or Employer

#2 Subcontractor Reference

Business or Employer

00015-5 Bid Certification

The name of the Bidder who is submitting this Bid Certification is:

Company

Print or Type

Address

City, State Zip

Phone Number / Email which address is the address to which all communications considered with this Bid Certification and with the Contract shall be sent.

The names of the principal officers of the corporation submitting this Bid and Bid Certification or of the partners, if the Bid Certification is submitted by a partnership, or of all persons interested in this Bid Certification as principals, are as follows:

Dated this day of , 20 .

Construction Contractor’s Board Registration Number (if available)

Firm Name

Signature of Bidder

Name (Print or Type)

Title (Print or Type)

Telephone No.:

Tax ID No.:

Business Organization: (Check one)

☐ Corporation ☐ Limited Liability Company ☐ Joint Venture

☐ Partnership ☐ Sole Proprietorship ☐ Other

00015-6 Bid Certification

A Corporation

Corporation Name: (SEAL) State of Incorporation:

Type:

(General Business, Professional, Service, Limited Liability)

By:

( Signature – attach evidence of authority)

Name (typed or printed): Date:

Title:

(CORPORATE SEAL)

Attest:

(Signature of corporate secretary)

Business Address:

Phone: Facsimile:

Date of Qualification to do business is:

A Limited Liability Company (LLC)

LLC Name:

By:

( Signature of LLC manager or member – attach evidence of authority)

Name (typed or printed): Date:

Title:

Phone and Facsimile Number and Address for receipt of official communications:

00015-7 Bid Certification

A Joint Venture

Joint Venturer Name: (SEAL)

( Signature of joint venture partner – attach evidence of authority)

Name (typed or printed): Date:

Title:

Phone and Facsimile Number and Address for receipt of official communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the joint venture should be in the manner indicated above.)

A Partnership

Partnership Name: (SEAL)

( Signature of general partner – attach evidence of authority)

Name (typed or printed): Date:

An Individual

Name (typed or printed): (SEAL) Date:

Doing Business as:

(Individual’s Signature)

00015-8 Bid Certification

OREGON BUSINESS REGISTRATION: To transact business in the State of Oregon, a Bidder must be registered with the State of Oregon Corporations Division prior to execution of the Contract. Please indicate your business’s current registration type:

Corporate Registration [ ] Assumed Business Name Registration

If available, the Bidder is requested to provide their Construction Contractors Board (CCB) or State Landscape Contractors Board (SLCB) number below. Prior to execution of the contract, the Bidder is required to be licensed by either the CCB or SLCB and provide that information to the City.

BIDDER’S REGISTRATION LICENSE NO.:

ENFORCEMENT OF TEMPORARY TRAFFIC CONTROL REQUIREMENTS. Please be advised that the City of Salem will be strictly enforcing the requirements contained in the current version of the Manual on Uniform Traffic Control Devices and the Oregon Temporary Traffic Control Handbook. Your attention is directed particularly to specifications that allow only flexible signs to be used on portable sign supports.

IN COMPLIANCE WITH ORS 279C.375, it requires a public agency to check the list created by the Construction Contractors Board under ORS 701.227 for bidders who are not qualified to hold a public improvement contract.

when determining the lowest responsible bidder.

FOR CITY USE:

Verified by: Date:

IN COMPLIANCE WITH ORS 279C.860, no bid for a construction contract shall be considered by the public contracting agency if Bidder is on the ineligible list maintained by BOLI.

FOR CITY USE:

Verified by: Date:

Any brochures, terms and conditions, contracts or other documents supplied by Bidder as part of their bid shall not vary the terms, conditions, specifications or contracts in City’s bid documents and Bidder agrees that all of City’s terms, conditions, specifications, and contracts in City’s bid documents shall apply notwithstanding anything to the contrary in any brochure, terms and conditions, contracts, or other documents supplied by Bidder as part of their bid.

00020-1 Bid Bond

BID BOND

Bidder Name and Address:

Surety (Name and Address of Principal Place of Business)

OWNER Name and Address:

City of Salem

555 Liberty Street SE

Salem OR 97301

Bid:

Bid Opening Date: December 13, 2022

Project: River Road: Shangri-La Avenue to Wheatland Road (Keizer)

Bond:

Bond Number:

Date (Not later than Bid due):

Penal Sum:

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the Penal Sum Terms printed on 00020-2 thereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

Bidder SURETY

(Seal) Bidder’s Name

Surety’s Name and Corporate Seal

Signature and Title

Signature and Title

(Attach Power of Attorney)

NOTE:

1. Above addresses are to be used for giving required notice.

2. Any singular reference to Bidder, Surety, OWNER, or other party shall be considered plural where applicable.

00020-2 Bid Bond

PENAL SUM TERMS

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time frame required by the Bid Documents (or any extension thereof agreed to in writing by OWNER) the executed Contract for Construction required by the Bid Documents and any insurance and Performance and Payment Bonds required by the Bid Documents.

3. This obligation shall be null and void if:

3.1. OWNER accepts Bidder’s Bid and Bidder delivers within the time frame required by the Bid Documents (or any extension thereof agreed to in writing by OWNER) the executed Contract for Construction required by the Bid Documents and any insurance and Performance and Payment Bonds required by the Bid Documents; or

3.2. All Bids are rejected by OWNER; or

3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bid Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

6. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in Marion County, Oregon.

7. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

8. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of surety to execute, seal, and deliver such Bond and bind the Surety thereby.

9. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

10. The term “Bid” as used herein includes an offer or Bid as applicable.

― END OF SECTION ―

Bid No. 223085 / Project No. 718506

00021-1 Drug & Alcohol Testing

Policy Certification

DRUG & ALCOHOL TESTING POLICY CERTIFICATION

Has your firm established and implemented a drug and alcohol policy and testing program that complies with ORS 279C.505 for public improvement contracts?

Yes No

I hereby certify that the information provided on this form is true and accurate to the best of my knowledge.

Please print or type:

Company Name

Name/Title

Bidder’s Signature

Date

00022-1 Contractor Disclosure Form

CONTRACTOR DISCLOSURE FORM

Prior to contract award the low bidder shall provide answers to the following five (5) questions. ALL Bidders are ENCOURAGED to submit the answers to these five (5) questions with their bid.

1. Within the last three years, have you, your company, or any officers, agents, or employees working for you or your company been found by any agency or court to be in violation of any governmental environmental rule, regulation, ordinance, or statute, whether local, state, or federal? Include any resolution or settlement of any allegation of such a violation by civil compromise, settlement, consent decree, mutual agreement and order (MAO or otherwise). If so, please explain in detail.

2.

Within the last three (3) years, have you, your company or any officers, agents, or employees working for you or your company been convicted or found at fault for any personal injury or property damage as a result of a product liability claim relating to any product that will be provided under this solicitation. If so, please explain in detail.

3.

Within the last three (3) years, have you, your company or any officers, agents or employees working for you or your company been found in violation of any rule, regulation, ordinance or statute, whether local, state or federal, respecting wages, prevailing wage requirements, or conditions of employment. If so, please explain in detail.

4.

During the last year, did you or your company provide employees with bona fide health and retirement plans?

Failure to do so will not disqualify you from consideration.

5.

Do you, or does your company, participate in a training program related to your trade? Failure to do so will not disqualify you from consideration.

DBE Commitment Requirements

00023-1 DBE Commitment Requirements

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BB35_DBE_COMMIT_REQ

DISADVANTAGED BUSINESS ENTERPRISE (DBE) COMMITMENT REQUIREMENTS

1. DBE Policies, Obligations, Applicabilities, and Authorities

According to 49 CFR Part 26, all ODOT, all Bidders, and all Contractors shall agree to abide by and take all necessary and reasonable steps to comply with the DBE policies, obligations, applicabilities and authorities listed in the Disadvantaged Business Enterprise (DBE) Supplemental Required Contract Provisions.

The "assigned DBE contract goal" for this project is referred to in the project Special Provisions.

2. Eligibility Requirements for DBE Participation on Projects

Participation shall be accomplished by including certified DBEs in any part of the Contract work that is necessary to complete the Contract obligation. A certified DBE may participate as a prime Contractor, subcontractor, joint venture, material supplier, material manufacturer, or professional service provider.

Only those firms certified by the State of Oregon Certification Office of Business Inclusion and Diversity (COBID) as a DBE in the types of work selected shall be eligible to fulfill required DBE participation Contract obligations.

3. Crediting of DBE Participation Toward Meeting the Assigned DBE Contract Goal

(a) Crediting of DBE Participation in Bid Submission

Credit toward meeting the assigned DBE contract goal shall be granted only when a listed firm is currently certified by COBID as a DBE. Bidders should not assume that a minority-owned or a woman-owned firm is currently certified by COBID as a DBE firm or that a firm is certified to perform any particular type of work. Bidders are encouraged to verify each DBE firm's certification by:

1) requesting a copy of the DBE certification letter from the committed DBE firm and contacting COBID at 503-986-0075 to confirm the firm's current certification status; or

2) accessing information on certification and the updated Certification Directory of DBEs by going to the COBID website at https://www.oregon4biz.com/How-We-Can-Help/COBID/

For joint ventures, the percentage of DBE participation to be credited toward the assigned DBE contract goal will be determined and approved by ODOT prior to Bid Opening on the basis of information submitted in the joint venture application according to Item No. 6 DBE Participation through Joint Venture.

(b) Crediting of DBE Participation Subsequent to Contract Award

The total dollar value of and the scope of work for the DBE commitment as shown on the DBE COMMITMENT CERTIFICATION AND UTILIZATION FORM shall be credited toward meeting the assigned DBE contract goal, provided the DBE performs a Commercially Useful Function according to 49 CFR 26.55(c)(1).

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(c) Crediting of DBE Participation through the Use of DBE Manufacturers

The Bidder may count 100% of its expenditure to a DBE manufacturer. According to 49 CFR 26.55(e)(1)(i), a DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor.

The Bidder may count 100% of its expenditures for a DBE firm that furnishes and places these materials only if the DBE firm is carrying out its responsibilities by actually performing, managing, and supervising the work involved. The DBE shall negotiate the cost, arrange delivery of, and pay for the materials and supplies required for the work of its contract. Invoices for materials must be invoiced to the DBE firm and not to the Contractor.

(d) Crediting of DBE Participation Through Use of DBE Regular Dealers

The Bidder may count only 60% of the committed amount for the cost of supplies and materials from regular dealers toward meeting the assigned DBE contract goal. According to 49 CFR 26.55(e)(2)(i) a DBE regular dealer owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business.

No credit will be granted if the Contractor makes a direct payment to a material supplier. However, it will be permissible for a material supplier to invoice the Contractor and the DBE jointly and be paid by the Contractor making remittance to the DBE firm and material supplier jointly, provided such joint payment arrangements received prior written approval from ODOT.

No credit will be granted if the Contractor deducts from the amounts owed to DBE firms for work performed the costs for: (1) materials and service ordered by the DBE firm and used by the DBE in performing its work, (2) purchase price of supplies or materials acquired from the Contractor by the DBE firm and used by the DBE in performing its work, and (3) cost of equipment leased or rented from the Contractor by the DBE firm and used by the DBE in performing its work. Credit shall be withheld where such costs have been deducted from dollar amounts paid to DBE firms for work performed.

(e) Crediting of DBE Participation through Use of DBE Service Providers

Credit toward meeting the assigned DBE contract goal through use of DBE service providers shall be granted for:

(1) The fees or commissions charged for providing a BONA FIDE service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of the Contract, provided that the fee or commission is determined by ODOT to be reasonable and not excessive as compared with fees customarily allowed for similar services.

(2) The fees charged for delivery of materials and supplies required on a job site (but not the cost of materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials or supplies. The fee must be reasonable and not excessive as compared with fees customarily allowed for similar services.

(3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by ODOT to be reasonable and not excessive as compared with fees customarily allowed for similar services.

(4) The total dollar value of payments to the DBE for which a Commercially Useful Function was performed in delivering a professional, technical and/or expert service.

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(f) Crediting of DBE Participation Through Use of DBE Owner/Operator Trucking

A DBE owner/operator must own and operate at least one truck and be certified by COBID.

In order for the Contractor or subcontractor to be credited and receive payment for DBE owner/operator trucking participation, a valid agreement that includes or has attached the following information must be submitted to the Engineer:

(1) Driver's name;

(2) Copy of driver's license;

(3) Vehicle identification number;

(4) Copy of vehicle registration;

(5) Motor vehicle license plate number;

(6) Motor Carrier Plate Number;

(7) Copy of ODOT Motor Carrier 1A Permit;

(8) Name of owner/operator from the side of the truck; and

(9) Method of payment (hour, ton or load)

(g) Crediting of DBE Participation Through Use of DBE Trucking Firms

In order for the Contractor to receive credit and payment for the use of a DBE trucking firm, the trucking firm must be covered by a subcontract or written agreement, and the Engineer must have granted consent to that subcontract or agreement prior to the beginning of the work.

4. Documentation of Bidders' Proposed DBE Participation

(a) DBE Commitment Certification and Utilization Form

DBE COMMITMENT CERTIFICATION AND UTILIZATION FORM shall become a part of the resulting Contract. This certification and utilization form shall be used to determine the Bidder's responsiveness to the DBE requirements.

If the assigned DBE contract goal is greater than zero, the Bidder must complete and sign the DBE COMMITMENT CERTIFICATION AND UTILIZATION FORM. The form must be completed and signed by the Bidder's authorized representative. In Part I of the form, the Bidder shall fill in each committed DBE firm and its corresponding type of work, its capacity, and the subcontract amount, expenditure, fee, or commission. Should the Bidder fail to completely fill out, sign, and submit the form with the bid when the assigned DBE contract goal is greater than zero, the Bidder will be considered non-responsive. The Agency will calculate each DBE amount, total the amount to be applied to the assigned DBE contract goal and calculate the DBE commitment as a percentage of the total bid.

(b) DBEs Bidding as Prime Contractors

The requirements of section 4(a) will apply to DBE Bidders for a Contract. In determining whether a DBE Bidder for a Contract has met an assigned DBE contract goal, only the work the DBE has committed with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers, or service providers will be counted.

DBEs bidding as prime Contractors shall complete the DBE COMMITMENT CERTIFICATION AND UTILIZATION FORM indicating the percentage of work to be performed by its own forces as well as the work to be performed by other committed DBEs to meet the assigned DBE contract goal.

04-07-21 10 Bid (Federal)

(c) DBE Commitment Certification Form Part II - Good Faith Efforts

Should bidders not meet the assigned DBE contract goal for DBE participation, they must demonstrate good faith efforts at the time of bid. ODOT must decide whether the efforts made to obtain DBE participation constituted good faith efforts. ODOT will review the quality and intensity of those efforts. Efforts that are merely superficial are not good faith efforts to meet the assigned DBE contract goal.

The Bidder shall provide additional information regarding good faith efforts per the requirements Part II of the DBE COMMITMENT CERTIFICATION AND UTILIZATION FORM. The Bidder must document the steps taken to obtain DBE participation, which demonstrate good faith efforts, such as those outlined below:

(1) Evidence that the Bidders attended any pre-solicitation or prebid meetings that were scheduled by ODOT to inform DBEs of contracting and subcontracting or material supply opportunities available on the project;

(2) Evidence that the Bidder identified and selected specific economically feasible units of the project to be performed by DBEs in order to increase the likelihood of participation by DBEs;

(3) Evidence that the Bidder advertised in general circulation, trade association, minority and trade oriented, women-focus publication, concerning the subcontracting or supply opportunities;

(4) Evidence that the Bidder provided written notice to a reasonable number of specific DBEs, identified from the Certification Directory of DBEs for the selected subcontracting of material supply work, in sufficient time to allow the enterprises to participate effectively;

(5) Evidence that the Bidder followed up initial solicitations of interest by contacting the enterprises to determine with certainty whether the enterprises were interested. This may include the information outlined below:

(a) The names, addresses, and telephone numbers of DBEs who were contacted, the dates of initial contact and whether initial solicitations of interest were followed up by contacting the DBEs to determine with certainty whether the DBEs were interested;

(b) A description of the information provided to the DBEs regarding the plans and specifications and estimated quantities for portions of the work to be performed;

(c) Documentation of each DBE contacted but rejected and the reasons…