To All Contract Document Holders:

Pricing

Pricing will be firm for thirty (30) days after the bid opening: OAR 137-30-080, "Bids and Proposals shall be valid and binding offers for 30 days unless otherwise specified in the solicitation documents."

Unit prices for materials/equipment are considered furnished and installed prices. Billing reflecting material only will not be accepted. Invoices/billings will be processed only for those units (or percentage) that are installed.

Federal Mandate (DOT)

As of January 1, 1996, all Contractors whose employees are required to have a Commercial Driver's License (CDL) must comply with Department of Transportation Controlled Substance and Alcohol Program and testing rules.

Compliance to HB 2574: Effective October 23, 1999, HB 2574 (Drug and Alcohol Testing for Public Works Contract). This contract requires the Contractor/subcontractors to demonstrate that an employee drug and alcohol testing program is in place and that employees who are engaged in the construction, reconstruction or maintenance of a project have tested negative for drugs and alcohol or have entered a rehabilitation program.

Compliance to HB 2895: Interest to be paid if Contractor or first-tier subcontractor fails to make payment within 60 days to those supplying labor or materials on this contract will be three times the discount rate on 90-day commercial paper (approximately 18%), but not to exceed 30%.

If any Contractor or subcontractor fails to pay for labor or material on this contract, the unpaid contractor may file a complaint with the Construction Contractors Board (CCB).

The City in compliance to 2895 will utilize the CCB list of contractors to determine whether a bidder is qualified for this project; and based on this list (and the City's own list), the City of Bend will reject any unqualified bidder.

The Contractor is required to pay a fee to the Bureau of Labor & Industries in the amount of one-tenth (1/10th) of one percent of the price of this contract, but not less than $100, nor more than $5,000 regardless of the contract price. Estimate accordingly.

The City reserves the right to add quantities, delete quantities or delay the award of the contract due to funding (including grants), and other delays such as easements or acquisition. In the event a delay occurs, the City with the concurrence of the Contractor reserves the right to change the projected schedules.

If the delay extends beyond thirty (30) days, the Contractor with the lowest qualified bid will have the right to hold firm with the pricing or adjust the prices to the current market level (ORS 279.063 "Equitable Adjustment"). The City reserves the right to accept or negotiate the adjusted pricing (OAR 137-30-105 "After the award of the contract, modifications to the contract shall be made through change orders or amendments to the contract and in accordance with the exemption rules of the applicable public contract review authority"); and/or to reject the adjusted pricing (ORS 279.035, "In the public's best interest") and rebid the project.

If you have any questions regarding the above, please contact Purchasing Manager Bob Griffith, (541) 385-6677.