00002651 Bid Book ITB.pdf

MANDATORY PREBID

MEETING

December 4, 2025

TIME 8:30 A.M.

To be held via Microsoft Teams

Click here Join the meeting now Meeting ID: 262 625 097 692 6

Passcode: bC6rk3px

Or Dial in by phone +1 971-323-0035,,299013035#

United States, Portland Find a local number

Phone conference ID: 299 013 035#

Portland Bureau of Transportation

PREQUALIFICATION

NOT

REQUIRED

BID NUMBER 00002651

E. BURNISE & NE COUCH CORRIDOR LIGHTING

Project Number T01300

November 2025

Refer Questions to:

Alex Miller Procurement Specialist Phone: (503) 865-6317 alexzandria.miller@portlandoregon.gov

Submit Bid to:

Procurement Services online website at:

https://procure.portlandoregon.gov/bso

BIDS DUE:

December 18, 2025 by 2:00 PM

PROCUREMENT SERVICES

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTU1YmEyZDctN2ExYy00M2NiLWE1ZDAtZTQ1MTkyNTY3YWIz%40thread.v2/0?context=%7b%22Tid%22%3a%22636d7808-73c9-41a7-97aa-8c4733642141%22%2c%22Oid%22%3a%22db4c41a4-b086-4d08-956c-c98f3c02c285%22%7d tel:+19713230035,,299013035 https://dialin.teams.microsoft.com/af3b9ae0-e4d3-4755-ae3e-4b8bf5b3b7d1?id=299013035 mailto:alexzandria.miller@portlandoregon.gov https://procure.portlandoregon.gov/bso

GENERAL BIDDING REQUIREMENTS

Bid # 00002651

E Burnside & NE Couch Corridor Lighting

PROJECT T01300

TABLE OF CONTENTS

GENERAL BIDDING REQUIREMENTS

• Notice to Bidders

• Bid Process Contacts

• Instructions to Bidders

• Bid Form

• Fillable Bid Bond Place Holder

• Non-Collusion Affidavit

• Assignment of Anti-Trust Rights

• State of Oregon First-Tier Subcontractor Disclosure Requirements

• Subcontractor Disclosure Requirements

• Workforce Training & Hiring Program (WTHP)

• Sample Contract

PROJECT SPECIFICATIONS

• Signature Pages

• Special Provisions – Table of Contents

• Special Provisions – Work-to-be-Done

PROJECT PLANS

• Plans

• Street Tree Protection

• Standard Details

01 Notice to Bidders - Formal - EO - October 2025 Revised: February 2025

NOTICE TO BIDDERS

BIDS ARE DUE BY 2:00 P.M.

This checklist is provided for the use and convenience of bidders. Please refer to the bid documents for requirements, as we cannot guarantee this list is complete. The responsibility for compliance with all requirements remains with the bidder. All submissions are made to Procurement Services.

PRIOR TO BID OPENING: The contractor shall have a current active license from the Oregon Construction Contractors Board. If required by the bid documents, contractors may also be required to attend a pre-bid conference. Contractors also are expected to be aware of, and base their bids upon, all addenda that might be issued prior to bid opening.

1.

Prequalification by City of Portland (Prequalification Application must be filed with Procurement Services at least 10 days prior to bid opening, unless that time period has been changed by a prequalification application or the Instructions to Bidders.) “Submit application at: https://portlandoregon.diversitycompliance.com”

2.

Current, active CCB license is required to submit a bid as stated in Chapter 5.10 of the Code of the City of Portland. Specialty licensing as required in the Bid Specifications (shown below) Specialty license: None Specialty license: None

3. Addenda (check for receipt of all addenda and acknowledge all addenda before submitting bid)

4. Mandatory prebid conference scheduled

Checked items must be submitted WITH the Bid.

1. Bid (see Instructions to Bidders)

2. Bid Security (see Instructions to Bidders)

3. Non-Collusion Affidavit

4. Other

Checked items must be submitted VIA EMAIL TO BUYER BY 4:00 PM on the day of the bid opening.

1. State of Oregon – First Tier Subcontractor Disclosure Form required if bid is greater than $100,000. (see State of Oregon Subcontractor Disclosure form for requirements)

Checked items must be submitted electronically via the City’s Contract Compliance Reporting System (previously Form 1)

1. City of Portland Subcontractor Disclosure Specifications - UTILIZATION PLAN (UP) - DUE from the apparent low bidder WITHIN 24 HOURS OF NOTIFICATION BY CITY OF PORTLAND.

Low Bidders:

1. Workforce Training and Hiring Program (see Workforce Training Specification for requirements)

2. Certification as an EEO Affirmative Action Employer http://procure.portlandoregon.gov/

3. Equal Benefits Compliance

4. Clean Air Construction – Fleet Registration Portland.gov/cac/TheYard

5. Low Carbon Concrete Requirements https://portlandoregon.diversitycompliance.com/ http://procure.portlandoregon.gov/ http://www.portland.gov/cac/TheYard

PROJECT CONTACTS

NAMES, ADDRESSES, AND PHONE NUMBERS

During the bidding process, bidders should direct all questions to Alex Miller for this project.

The following names, addresses, and phone numbers are included for the convenience of the Bidders and Contractor:

Certification as an EEO Affirmative Action Employer:

Procurement Services 1120 SW 5th Avenue, Room 1035 Portland, OR 97204-1972

(503) 823-5047

(503) 865-3455 FAX

https://procure.portlandoregon.gov/bso/

Submittal of Electronic Bids:

https://procure.portlandoregon.gov

Purchase of “Standard Construction Specifications”:

Permit Application Center BDS Building, First Floor 1900 SW 4th Avenue Portland, OR 97204-1971

(503) 823-7660

Subcontractor Disclosure Specifications Tamara Knox Procurement Services 1120 SW 5th Avenue, Room 1035 Portland, OR 97204-1972

(503) 865-6322

(503) 865-3455 FAX

tamara.knox@portlandoregon.gov https://procure.portlandoregon.gov/bso/ https://procure.portlandoregon.gov/ mailto:tamara.knox@portlandoregon.gov

Instructions to Bidders Page 1 of 10 Bid Number: 133364 | 00002651 Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025

INSTRUCTIONS TO BIDDERS

1.0 SECURING DOCUMENTS

Bid documents are available electronically at: http://procure.portlandoregon.gov.

All Bidders who submit bids on this project are required to have copies of a complete set of Bid Documents (plans and specifications), and all addenda issued prior to the bid due date. If there is any question as to the Bid Documents or addenda, contact Procurement Services.

If you intend to submit a bid on this project, you must be registered as a Seller at:

http://procure.portlandoregon.gov

1.1 INCORPORATION OF STANDARD CONSTRUCTION SPECIFICATIONS

Bidder shall incorporate all applicable provisions of the City of Portland Standard Construction Specifications, published July 2020, into their bid. The Standard Construction Specification may be downloaded at: https://www.portland.gov/sites/default/files/2021/2020-city-of-portland-standard-construction-specifications_0.pdf

All work done, and materials used on this project and the legal relations between the parties and the Contractor’s requirements shall be as set forth in said Standard Specifications, except as specially and specifically modified or deleted by these Special Specifications. If there is any difference, discrepancy or conflict between these Special Specifications and the General Requirements of the City of Portland, the Special Specifications as set forth here shall apply. The 2020 Standard Construction Specifications may be purchased direct from the City of Portland, Development Services Center, 1900 SW 4th Avenue, Portland, Oregon, phone (503) 823-7660.

2.0 SUBMITTING BIDS

2.1 BID FORM

2.1.1 The bid and all other required documents as specified in the Notice to Bidders must be submitted electronically through BuySpeed on or before the bid due date and time. The State of Oregon First Tier Subcontractor Disclosure Form must be emailed directly to the Buyer by 4:00 p.m. day of bid opening if not submitted with the bid; contact information is indicated on the cover of the Bid Document.

Instructions for Submitting a Construction ITB in BuySpeed are available at the following link: BuySpeed Electronic Submittal Guide. All required bid documents shall be submitted as an attachment in BuySpeed as a single pdf document using a naming convention which includes Bid Number, Project Title and Contractors name in that order with the use of abbreviations being acceptable (i.e.

0000XXXXProjNameXYZConstCo.pdf). The total base bid amount (excluding any/all alternates) shall also be submitted as an Item amount in BuySpeed as described in the Instructions for Submitting a Construction ITB in BuySpeed.

Failure to include the required bid docs as an attachment shall deem the bid non-responsive. NOTE: Bidders should allow for a sufficient amount of time for http://procure.portlandoregon.gov/ http://procure.portlandoregon.gov/ https://www.portland.gov/sites/default/files/2021/2020-city-of-portland-standard-construction-specifications_0.pdf https://www.portland.gov/sites/default/files/2021/2020-city-of-portland-standard-construction-specifications_0.pdf https://www.portland.gov/business-opportunities/documents/buyspeed-electronic-submittal-instructions/download

Instructions to Bidders Page 2 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025 the bid entry/document upload process in BuySpeed in order to ensure timely submission.

Bidders wishing to listen to the public opening via a conference call may use the Dial-In number and Conference Code provided below:

Local US Dial-in: (971) 256-0996 Conference Code: 949530

Callers that dial in before the host will be placed on hold until the host dials in.

2.1.2 All bids must be submitted using the forms included in the Invitation for Bid and all applicable blanks giving general information must be filled in and signed by the Bidder or a duly authorized agent. All bids must be clearly and distinctly typed or written in black or blue ink. Any statement accompanying and tending to qualify a bid may cause rejection of such bid unless a statement is required in a bid embracing alternatives.

2.1.3 Bidders shall bid on all items included in the bid. Bids that are incomplete or fail to include all items contained in the plans and specifications may be rejected.

2.1.4 Bidders should reference the Notice to Bidders for a list of forms to be submitted with the Bid with special attention required regarding 2.5 Bid Security.

2.2 WITHDRAWAL, MODIFICATION OF BID

Submittals in writing to revise electronic Bids will not be permitted. However, the Bidder may withdraw and re-open as described in the Instructions for Submitting a Construction ITB in BuySpeed as many times as necessary up until the Bid Open date/time. All electronic Bid submittals must meet all requirements and deadlines for submitting electronic Bids.

2.3 LATE BIDS

Bids received after the scheduled bid due date and time will not be accepted.

2.4 COST OF BIDS

This Invitation for Bid does not commit the City to pay any costs incurred by any Bidder in the submission of their bid, or in making any necessary studies or designs for the preparation thereof.

2.5 BID SECURITY

No bid will be considered unless accompanied by a certified check, cashier's check, or a bid bond for an amount not less than ten percent (10%) of the aggregate amount of the bid. It shall be payable to the City of Portland as a guarantee that the bid shall be irrevocable for a period of sixty (60) calendar days, unless otherwise specified, after the bid opening date and time and as liquidated damages should the Bidder fail or neglect to furnish the required performance bond and insurance and execute a contract within ten

Instructions to Bidders Page 3 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025

(10) calendar days after receiving said contract from the Chief Procurement Officer for execution. The bid security shall be retained for a period-of-time in accordance with City of Portland Code 5.10.

For Bids submitted electronically, the bid security should be submitted as part of the aforementioned single pdf submission and shall be in color. The City reserves the right to request the original bid security after bid opening if the electronic format is not acceptable to the City Attorney’s Office.

2.6 CONFLICT OF INTEREST

A Bidder submitting a bid hereby certifies that no officer, agent or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the bid is made in good faith without fraud, collusion, or connection of any kind with any other Bidder of the same Invitation for Bids, and that the Bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm. No bid will be considered unless accompanied by the notarized Non-Collusion Affidavit form included in the Invitation for Bid.

The City reserves the right to request the original notarized Non-Collusion Affidavit after bid opening if the electronic format is not acceptable.

3.0 LEGAL REQUIREMENTS

3.1 LAWS, ORDINANCES, AND REGULATIONS

The Bidder is presumed to be familiar with all Federal, State and local laws, ordinances, and regulations, which in any manner affect the personnel, material or equipment used in the proposed Work. Bidders agree that if awarded a contract, the successful Bidder will comply with all applicable federal, state and local laws, ordinances, and regulations. The successful bidder shall comply with Title VI of the Civil Rights Act of 1964 and its corresponding regulations as further described at: Civil Rights Title VI and Racial Equity Program | Portland.gov.

The successful bidder must maintain an anti-harassment policy in compliance with The City’s HR 2.02 Prohibition Against Workplace Harassment Discrimination and Retaliation policy which can be found at: https://www.portlandoregon.gov/citycode/article/12121.

3.2 SPECIFIC STATUTES AND ORDINANCES

The Bidder's attention is called to the requirements of Oregon Revised Statutes Chapter 279A, 279B, 279C, and to Title 17 and Chapter 5.10 of the City of Portland Code with reference to public improvement contracts, purchasing in general, and to contractor's procedures and pre-qualification requirements.

3.3 EQUAL EMPLOYMENT OPPORTUNITY (EEO) CERTIFICATION

All Bidders must be certified as Equal Employment Opportunity Employers as prescribed by Portland Public Contracting Rule 5.33.076. Failure to receive EEO compliance prior to the date and time of bid opening may result in delaying the award of the contract. Details of certification requirements are available from Procurement Services, 1120 SW Fifth https://www.portland.gov/officeofequity/equity-title-vi-division https://www.portland.gov/officeofequity/equity-title-vi-division https://www.portlandoregon.gov/citycode/article/12121 https://www.portlandoregon.gov/citycode/article/12121 https://www.portlandoregon.gov/citycode/article/12121

Instructions to Bidders Page 4 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025

Avenue, Room 1035, Portland, Oregon 97204, (503) 823-5047, or on Procurement Services’ website under the Contractor Resources page. In order to be EEO certified, Bidders must complete the online form at: http://procure.portlandoregon.gov.

3.4 NON-DISCRIMINATION IN EMPLOYEE BENEFITS (EQUAL BENEFITS)

The successful Bidder must be in compliance with the City’s Equal Benefits Program as prescribed by Portland Public Contracting Rule 5.33.077 prior to contract award. Details of compliance requirements are available from Procurement Services, 1120 SW Fifth Avenue, Room 1035, Portland, Oregon 97204, (503) 823-5047, or on Procurement Services’ website under the Contractor Resources page. In order to comply, Bidders must complete the online form at: http://procure.portlandoregon.gov.

3.5 PRE-QUALIFICATION OF BIDDERS

All public improvement projects with an engineer’s estimate of $500,000 or greater requires pre-qualification.

The City has moved the prequalification process to an online platform through Ariba.

Contractors must first be registered in Ariba in order to submit a prequalification application. Please go to the following link for more information on how to register your company: Key Project Information Page For Suppliers | Portland.gov Once you are registered in Ariba and you need to submit a general prequalification request or a bid specific request please email your request to prequalapps@portlandoregon.gov.

Completed prequalification applications, including all required documentation, must be received by Procurement Services at least ten (10) days prior to the date of bid opening, unless specifically stated otherwise in the advertisement. Pre-qualification applications received less than ten (10) days prior to the bid opening may be processed or rejected at the City’s sole discretion. If the application is not approved the City will notify the bidder in a timely matter per City Code 5.10.

3.6 DRUG TESTING PROGRAM

Pursuant to ORS 279.505 (2), the Contractor awarded the contract shall demonstrate that an employee drug-testing program is in place.

3.7 AMERICANS WITH DISABILITIES ACT

Bidders agree that if awarded a contract, the successful Bidder will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq and subsequent amendments thereto. If any Bidder requires special assistance or auxiliary aids during the bidding process, please notify Procurement Services, (503) 823- 5047, or TDD (503) 823-6868, at least two (2) business days prior to the required assistance.

3.8 BUSINESS TAX COMPLIANCE

A current business tax registration is required before doing business with the City (reference City Code Chapter 7.02). Persons whose gross receipts from all business, both within and without the City, amounts to less than $50,000 may be exempt, information http://procure.portlandoregon.gov/ http://procure.portlandoregon.gov/ https://www.portland.gov/business-opportunities/ariba-supplier-info mailto:prequalapps@portlandoregon.gov

Instructions to Bidders Page 5 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025 related to complying with the business tax registration is available at:

http://www.portlandoregon.gov/revenue/29320.

3.9 CONSTRUCTION AND LANDSCAPE CONTRACTORS BOARDS

Construction contractors must be licensed with the State of Oregon Construction Contractors Board in accordance with ORS 701.021 and any other specialty licensing as required in the bid specification prior to submitting a bid to the City. For information contact:

CONSTRUCTION CONTRACTORS BOARD

700 Summer St. NE, Suite #300 Salem, OR 97310

(503) 378-4621 (website) http://www.ccb.state.or.us

A Landscape Contractors Board license is required in accordance with ORS 671.530 if the bid specification includes landscape work as defined by ORS 671.510. For information contact:

LANDSCAPE CONTRACTORS BOARD

2111 Front St. NE, Suite #2-101

Salem, OR 97301

(503) 378-5909 http://www.oregon.gov/LCB/

3.10 CORPORATE RESPONSIBILITY

The City of Portland is committed to contracting with equitably aware and environmentally responsible businesses. The City values and supports diversity, advancing equity, and is dedicated to expanding economic opportunities by growing both the demand for and capacity of local contractors and workforce, including those owned by people of color and women. On July 31, 2025, Mayor Keith Wilson issued an executive order directing City employees, programs, and services to comply with all applicable federal civil-rights and nondiscrimination laws, including but not limited to the Civil Rights Act of 1964. The City is currently reviewing its programs to ensure compliance with both the Mayor’s executive order and applicable federal law, as interpreted by the courts. For this Invitation to Bid, the Subcontractor Equity Program (SEP) requirements do not apply; however, Bidders will provide equal opportunity and access in subcontracting for all businesses, including minority- and women-owned businesses, as an equal opportunity employer. The successful Bidder will provide a subcontractor utilization plan listing all subcontractors and material suppliers that are engaged to perform Work on the project in accordance with the Subcontractor Disclosure Specifications contained herein. The successful Bidder must also provide demographic and certification data to the City for all subcontractors and material suppliers that are engaged to perform the work.

4.0 PRE-BID REQUIREMENTS

4.1 EXAMINATION OF BID DOCUMENTS & WORKSITE

Before submitting a bid, each Bidder shall carefully examine the Drawings, read the Specifications and all Addenda and visit the site of the Work. Each Bidder shall fully inform http://www.portlandoregon.gov/revenue/29320 http://www.ccb.state.or.us/ http://www.oregon.gov/LCB/

Instructions to Bidders Page 6 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025 themselves prior to submitting a bid as to all existing conditions and limitations under which the Work is to be performed and shall include in the bid a sum to cover all costs of all items necessary to perform the Work as set forth in the Bid Documents. No allowance will be made to any Bidder because of lack of such examination or knowledge. Submission of a bid will be construed as conclusive evidence that the Bidder has made such examination.

4.2 CLARIFICATION OF BID DOCUMENTS PRIOR TO BID - ADDENDA

4.2.1 Requests for additional information or interpretation of the bid document shall be submitted to the Buyer no later than seven (7) days before the deadline for submission of bids. Bid due date is indicated on the cover of the Bid Document.

4.2.2 If, in the opinion of the City, additional information or clarification is required, an addendum will be issued to all plan holders on record in Procurement Services.

Any addenda issued by the Chief Procurement Officer seventy-two (72) hours or more before the scheduled closing time for filing bids shall be binding upon the Bidder. Failure of the Bidder to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract.

4.2.3 Oral instructions or information given by City Officers, employees or agents to

Bidders concerning this Bid Document or the work in general shall not bind the City.

4.3 PRE-BID CONFERENCE

A pre-bid conference may be scheduled to answer Bidders’ questions. See front cover of Bid Document for date, time and place. If a mandatory pre-bid conference is scheduled, only General Contractors are required to attend, it is optional for sub-contractors.

If an insufficient number of General Contractors or their representatives attend the Mandatory Pre-Bid conference scheduled for this project, the City may decide to hold a 2nd Mandatory Pre-Bid conference to solicit additional interest and provide a more competitive bidding process.

5.0 CONTRACT AWARD

5.1 BASIS OF AWARD

5.1.1 The contract, if awarded, will be made to the lowest, responsive and responsible Bidder offering the lowest unit price base bid.

5.1.2 Determination of the lowest responsive, responsible bid is subject to review by the City Attorney.

5.1.3 The City reserves the right to accept or reject any or all bids in whole or in part and waives irregularities not affecting substantial rights; and may reject for good cause all bids upon the City’s finding that it is in the public interest to do so.

5.1.4 Award of contract, if awarded, will be made within sixty (60) calendar days after the date of bid opening unless otherwise stated in the Bid Documents.

Instructions to Bidders Page 7 of 10

Project Name: E Burnside & NE Couch Corridor Lighting

5.2 EXECUTION OF CONTRACT DOCUMENTS

5.2.1 The Contract Form to be executed by the City and the successful Bidder for the Work is a standard form of the City of Portland, Oregon. Such form, incorporated into these Bid Documents by reference only and not physically contained herein, may be reviewed by prospective Bidders at Procurement Services, by contacting the Buyer for this project, Alex Miller at (503) 865-6317 or by email alexzandria.miller@portlandoregon.gov.

5.2.2 If the contract total is $50,000 or less, a purchase order may be used to confirm the

City’s acceptance of a bid.

5.2.3 The Bidder to whom the Contract is awarded shall, within ten (10) calendar days after receipt of Contract forms from the Chief Procurement Officer, sign and deliver to the Chief Procurement Officer all required copies.

5.2.4 At or prior to delivery of the signed Contract, the Contractor shall deliver to the

Chief Procurement Officer a Performance Bond, a separate Payment Bond, any other bonds and policies of insurance or insurance certificates with additional insured endorsement form(s) attached as required by the Contract Documents.

5.2.5 Failure or refusal to furnish the signed Contract, bonds and/or insurance policies or certificates in a form satisfactory to the City within the time stated above shall be just cause for cancellation of the award, withdrawal of the Contract, and forfeiture of the Bid Guaranty.

5.3 ELECTRONIC PAYMENTS

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: http://www.portlandoregon.gov/brfs/article/409834.

Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payment for services rendered directly into vendor accounts with financial institutions. All payments shall be in United States currency.

6.0 PERFORMANCE AND PAYMENT BONDS

6.1 Performance and payment bonds are required for contracts with a value of $150,000 and above. The forms for the Performance Bond and the Payment Bond, to be executed by the successful Bidder for the Work and delivered to the City not later than the date of execution of the Contract, are the standard forms of the City of Portland, Oregon. Such forms, incorporated into these Bid Documents by reference only and not physically contained herein, may be reviewed by prospective Bidders at Procurement Services, City of Portland, 1120 SW 5th Avenue, Room 1035, Portland, Oregon, 97204, phone (503) 823-5047.

6.2 The Bonds, in an amount equal to one hundred percent (100%) of the Contract Sum, shall be satisfactory to the City and shall be executed by a corporate surety licensed to do business in the State of Oregon. The attorney in fact who executed the Bonds on behalf of mailto:alexzandria.miller@portlandoregon.gov http://www.portlandoregon.gov/brfs/article/409834

Instructions to Bidders Page 8 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025 the surety shall affix thereto a certified and current copy of his power of attorney and shall indicate the monetary limit of such power.

7.0 PREFERENCES FOR GOOD & SERVICES AND NON-RESIDENT CONTRACTOR

7.1 ORS 279A.120 requires that, in all public contracts, the public contracting agency shall prefer goods or services that have been manufactured or produced in this State if price, fitness, availability and quality are otherwise equal. In determining the lowest responsive bidder, the City shall add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

7.2 Where a public contract is awarded to a nonresident contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the total contract price, terms of payment, length of contract and such other information as the Department of Revenue may require before final payment on the contract can be made. For purposes of this subsection, a nonresident contractor is one who is not domiciled in or registered to do business in the State of Oregon. The Oregon Department of Revenue Nonresident Bidder Form is available at: https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf.

8.0 LOCAL BUSINESS PREFERENCE

Residents of the State of Oregon and SW Washington benefit from optimizing local businesses and services, and the local employment opportunities they generate. As such the City desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements or services. Therefore, the City shall prefer goods or services that have been manufactured or produced by a local business if price, fitness, availability and quality are otherwise equal.

9.0 WAGE RATES

9.1 State of Oregon, Bureau of Labor and Industries (BOLI) prevailing wage rates are required to be paid to all workers for all work on contracts that total $50,000 and above, unless exempt.

9.2 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 on this project. The applicable prevailing wage rates for this project will be the rates in the BOLI publication titled “Prevailing Wage Rates for Public Works Contracts in Oregon” effective on July 5, 2025, including the applicable amendments dated October 5, 2025, which are hereby incorporated into this contract by this reference. Workers must be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and 279C.840. You can download your copy from www.oregon.gov/boli. If you need additional copies, contact Bureau of Labor & Industries, 1800 SW 1st Ave Suite 500, Portland, OR 97201; phone (971) 673-0839.

https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf http://www.oregon.gov/boli

Instructions to Bidders Page 9 of 10

Project Name: E Burnside & NE Couch Corridor Lighting Revised: August 2025

9.3 The City of Portland is required to pay the Prevailing Wage Rate (PWR) fee directly to the Oregon Bureau of Labor and Industries. Therefore, Contractor acknowledges that this fee has not been included in the bid amount for this project.

9.4 The Contractor awarded the contract is required to post a Public Works Bond with the

Oregon Contractors Construction Board (OCCB) unless exempt prior to start of work on the project.

9.5 Subcontractors awarded the contract are required to post a Public Works Bond with the

Oregon Contractors Construction Board (OCCB) unless exempt prior to start of work on the project.

9.6 Workforce Training & Hiring Program Compliance Recordkeeping. The Contractor shall utilize LCPtracker to track and demonstrate Workforce Training & Hiring Program compliance. The Contractor and all Subcontractors of $100,000 or more must submit reporting electronically utilizing LCPtracker starting with the first Certified Payroll Report (CPR) and every CPR thereafter. The City will provide the Contractor and each applicable Subcontractor with a User ID and password to access the City LCPtracker reporting system, if one has not already been provided. Webinars, training materials and telephone support on how to use the system are available to contractors. Electronic submittal of workforce reporting requires entry of weekly payroll information including, but not limited to, employee identification, work classification, total hours worked, wage rate, overtime, if any, and fringe benefit rates paid. Specific information on the LCPtracker System is available through the following website: www.lcptracker.com.

9.7 State Labor Compliance. In accordance with ORS 279C.845, the Contractor and all

Subcontractors must submit certified payrolls and labor compliance documentation starting with the first Certified Payroll Report (CPR) and every CPR thereafter via LCPtracker. To file a certified copy of their payroll report (WH-38), Contractors must print a copy of the CPR Report by State, which can be found in the Reports tab in LCPtracker. Once printed, fill out the missing schedule information, sign the certified statement and submit as required to the City’s Owner’s Representative.

10.0 OWNERS RESPONSIBILITIES UNDER THE CONTRACT

The City will assign a project manager who will be the contractor’s sole source of contact for decision processing for the project. The project manager will arrange for and coordinate other City resources necessary to construct the project with the exception of planning, permitting, and other regulatory agencies of the City. The project manager will be responsible for assuring that requests for clarifications and change proposals are processed in a timely manner. The project manager will provide the contractor with such drawings and specifications as needed to complete work.

11.0 REPORTING REQUIREMENTS

Contractor shall cooperate with the City with respect to its reporting requirements for financial and programmatic data resulting from the expenditure of City funds, as follows:

11.1 Contractor shall provide an estimate of the number and types of jobs created or retained by the project at the beginning of the project. If Contractor uses vendors in the project, include direct jobs created or retained by the vendors.

http://www.lcptracker.com/

Instructions to Bidders Page 10 of 10

11.2 Contractor shall report actual performance results consisting of the number and types of jobs created and/or retained at final completion of the project.

11.3 Contractor must include these requirements in any subcontracts awarded for the project.

11.4 Reports shall be submitted upon request. The Contractor’s timely, complete, accurate, and truthful compliance with the reporting obligations constitutes a material element of the Contractor’s performance of this contract. Failure to submit these reports shall be deemed noncompliance, and the City may withhold any amounts otherwise due to the Contractor under this contract until the Contractor has submitted the reports.

12.0 PROTEST OF CONTRACTOR SELECTION

Bidders are permitted to challenge the City’s decision to award a contract. Portland City Code 5.10 describes in detail the protest and appeal procedures when a bid process is officially protested.

For each formal bid project not exempted from the competitive bidding procedures of ORS 279C.335 Procurement Services shall post a Notice of Intent to Award upon determination of the lowest responsive and responsible bidder. The Notice of Intent to Award shall be posted in the same manner of the solicitation.

A Bidder who is adversely affected or aggrieved by the award of contract shall have seven (7) calendar days from the issuance of the Notice of Intent to Award to file a bid protest. The protest must be filed in writing to the Chief Procurement Officer and must specify the grounds upon which the protest is based. To be valid, a protest must come from an actual Bidder for the contract who claims to be the rightful awardee. A protest is not valid if filed by a Bidder who cannot show that it would be awarded the contract if its protest were accepted.

The Chief Procurement Officer will review the protest and issue a written decision. If the Bidder disagrees with the decision of the Chief Procurement Officer, the Chief Procurement Officer may refer to the Contract Board of Appeals or City Council as he/she determines. The request for appeal must be filed with the Chief Procurement Officer within seven (7) calendar days from the date of the written decision. The request must describe the specific reason for the appeal request and is limited to those matters that were raised in the original protest letter.

Bid Number: 133364 | 00002651 BID FORM Project Name: E Burnside& NE Couch Corridor Lighting Page 1 of 2

ADDENDA

The undersigned acknowledges receipt of all addenda issued to this solicitation.

PREVAILING WAGES

Bidder acknowledges the requirements of this solicitation in regard to the State of Oregon Prevailing Wage requirements or the federal prevailing wage requirements or both as required by ORS 279C.838 or 279C.840 or 40 USC § 276A will be complied with. (HB 2041, § 25)

Effective January 1, 2008, the City of Portland is required to pay the Prevailing Wage Rate (PWR) fee of 1/10 of 1% of the total contract price directly to the Oregon Bureau of Labor and Industries (Ref. HB 2021). Therefore, by signing this form Contractor acknowledges that this fee has not been included in the bid amount for this project.

RESIDENT BIDDER

All bidders must state whether they are an Oregon resident bidder or a non-resident bidder. As defined in ORS 279A.120, a resident bidder is one who has paid unemployment taxes or income taxes in the state during the 12 calendar months immediately preceding bid submission, has a business address in Oregon, and has stated in their bid to be a resident bidder.

Check one: Bidder is (___) a resident bidder or is (___) a non-resident bidder. If a nonresident bidder, the bidder certifies residency of (insert name of state where the bidder is a resident):_________________________________

ASSIGNMENT OF ANTI-TRUST RIGHTS

The undersigned acknowledges if they enter into a contract they will be assigning to the Owner any Claim for relief that the Contractor has or may have in the future by reason of violation of 15 USC SS 1-15 or ORS 646.725 or ORS 646.730.

Date:

Name of Firm:

Street Address:

City of: State Zip

Name:

(Original Signature) (Title)

Name: (Print)

Phone: Fax

Email:

EEO EBO (see instructions to bidders 3.3 and 3.4)

Employer Identification Number

SIC or Type of Business

Construction Contractors Board Registration Number

City of Portland Business Tax Registration Number

Firm is a Corporation Partnership Proprietorship

If Incorporated, Registered in the State of:

If a Partnership, list partners:

If a Proprietorship, name of principal:

TO THE CHIEF PROCUREMENT OFFICER:

NO. ITEMS OF WORK AND MATERIALS

SPEC

REFERENCE

ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

1 MOBILIZATION 0210 1 LS

TEMPORARY PROTECTION AND

DIRECTION OF TRAFFIC 0221 1 LS

3 EROSION CONTROL 0280 1 LS

4 INLET PROTECTION, TYPE 3 0280 10 EACH

5 POLLUTION CONTROL PLAN 0290 1 LS

REMOVAL OF STRUCTURES AND

OBSTRUCTIONS 0310 1 LS

7 TREE PRESERVATION AND PRUNING 0325 1 LS

8 POLE FOUNDATIONS 0970 1 LS

8 LIGHTING POLES 0970 1 LS

10 LIGHTING POLE ARMS 0970 1 LS

11 LUMINAIRES 0970 1 LS

12 SWITCHING, CONDUIT AND WIRING 0970 1 LS

TOTAL BID $

CITY OF PORTLAND, OREGON

The undersigned, having full knowledge of the quality of the material and labor to be performed, hereby proposes to perform all labor and furnish all materials necessary for the E Burnside & NE Couch Corridor Lighting for the unit prices set opposite the different items of the material to be furnished and the work to be done as herein below stated:

BID NUMBER 00002651

BUREAU OF TRANSFORMATION

BID FORM

Bid Number: 133364 | 00002651 Project: E Burnside NE Couch Corridor Lighting

BID FORM

The Bid Bond is provided as a separate fillable form in

BuySpeed

Non Collusion Affidavit – Revised April 24, 2007

NON-COLLUSION AFFIDAVIT

STATE OF Contract Bid No.

COUNTY OF

I, (Type/Print Name) , state that I am (Position Title) of

(Name of Firm) and that I am authorized to make this affidavit on behalf of my 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, bidder, or potential bidder, except as disclosed on the attached appendix.

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 bidder or potential bidder, and the price(s), not approximate amount, 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 my 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

(4) 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 in the attached appendix.

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 , 20

NOTARY PUBLIC

My commission expires

Antitrust Rights – Revised April 24, 2007

ASSIGNMENT OF ANTI TRUST RIGHTS

By entering into a contract, the Contractor, for consideration paid to the Contractor under the contract, does irrevocably assign to the City of Portland any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future, including, at the City's option, the right to control any such litigation on such claim for relief or cause of action, by reason of violation of 15 USC SS 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the contractor by any person, which goods or services are used, in whole or in part, for the purpose of carrying out the Contractor's obligation under this contract.

In the event the Contractor hires subcontractors to perform any of the Contractor's duties under the contract, the Contractor shall require the subcontractor to irrevocably assign to the City of Portland, as a third party beneficiary any right, title or interest that has accrued or may accrue to the subcontractor by reasons of any violation of 15 USC SS 1-15, ORS 646.725 or ORS 646.730, including, at the City's option, the rights to control of any litigation arising there under, in connection with any goods or services provided to the subcontractor by any person, in whole or in part, for the purpose of carrying out the subcontractor's obligations as agreed to by the Contractor in pursuance of the completion of the contract.

In connection with this assignment, it is an express obligation of the Contractor that it will take no action which will in any way diminish the value of the rights conveyed or assigned hereunder to the City of Portland. It is an express obligation of the Contractor to advise the City Auditor or the Office of the City Attorney of Portland, Oregon:

1. In advance, of its intention to commence any action on its own behalf regarding such claims for relief or causes of action;

2. Immediately, upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the dependency of such action;

and

3. The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact of its assignment to the City of Portland.

Furthermore, it is understood or agreed that in the event that any payment under such claim is made to the Contractor, it shall promptly pay over to the City of Portland its proportionate share thereof, if any, assigned to the state hereunder.

STATE OF OREGON FIRST-TIER SUBCONTRACTOR DISCLOSURE REQUIREMENTS

(Applies to public improvement projects with an estimated value of more than $100,000)

STATE OF OREGON FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM TO BE SUBMITTED

BY ALL BIDDERS NOT LATER THAN 4:00 P.M. THE DAY THE BID IS DUE

In 2003, the Oregon Legislature revised ORS 279C.370, which provides, in part:

“(1)(a) Within two working hours after the date and time of the deadline when bids are due to a contracting agency for a public improvement contract, a bidder shall submit to the contracting agency a disclosure of the first-tier subcontractors that:

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

(B) Will have a contract value that is equal to or greater than five percent of the total project bid or

$15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.”

The Bidder must disclose the following information about their first-tier subcontracts either in its Bid submission or within two (2) working hours after the date and time of the deadline when bids are due:

1) the subcontractor’s name,

2) the dollar value of the subcontract, and

3) the category of work that the subcontractor will be performing.

If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate “NONE” on the accompanying form.

Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award.

It is the Bidder’s responsibility to determine all the documents that must be submitted to the City. For purposes of this document, "submitted" means "in the physical possession of Procurement Services."

Note to Contractors who are not the low bidder:

If the apparent low bidder is disqualified or otherwise not awarded the contract and the next low bidder failed to submit the first-tier disclosure form within two (2) hours after the date and time of the deadline when bids were due, that bidder will be ineligible to receive award of the contract.

WH-179 (08-10-10)

FIRST-TIER SUBCONTRACTOR DISCLOSURE

PROJECT NAME: E Burnside & NE Couch Corridor Lighting

BID #: 00002651

BID CLOSING: Date: ________________________ Time: ____________

This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF

NEEDED.)

NAME DOLLAR VALUE CATEGORY OF WORK

(1) $

(2) $

(3) $

(4) $

(5) $

(6) $

(7) $

(8) $

(9) $

Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award.

Form submitted by (bidder name):_____________________________________________________________

Contact name: Phone no.: ( )

ORS 279C.370 First-tier subcontractor disclosure. (1)(a) Within two working hours after the date and time of the deadline when bids are due to a contracting agency for a public improvement contract, a bidder shall submit to the contracting agency a disclosure of the first-tier subcontractors that:

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

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

(b) For each contract to which this subsection applies, the contracting agency shall designate a deadline for submission of bids that has a date on a Tuesday, Wednesday or Thursday and a time between 2 p.m. and 5 p.m., except that this paragraph does not apply to public contracts for maintenance or construction of highways, bridges or other transportation facilities.

(c) This subsection applies only to public improvement contracts (“projects”) with a value, estimated by the contracting agency, of more than $100,000.

(d) This subsection does not apply to public improvement contracts that have been exempted from competitive bidding requirements under ORS 279C.335 (2).

(2) The disclosure of first-tier subcontractors under subsection (1) of this section must include the name of each subcontractor, the category of work that each subcontractor will perform and the dollar value of each subcontract. The information shall be disclosed in substantially the following [above] form:

(3) A contracting agency shall accept the subcontractor disclosure. The contracting agency shall consider the bid of any contractor that does not submit a subcontractor disclosure to the contracting agency to be a non-responsive bid and may not award the contract to the contractor. A contracting agency is not required to determine the accuracy or the completeness of the subcontractor disclosure.

(4) After the bids are opened, the subcontractor disclosures must be made available for public inspection.

(5) A contractor may substitute a first-tier subcontractor under the provisions of ORS 279C.585.

(6) A subcontractor may file a complaint under ORS 279C.590 based on the disclosure requirements of subsection (1) of this section.

September 2025 1 of 2

@PortlandGov portlandgov

PortlandORGov

SUBCONTRACTOR DISCLOSURE SPECIFICATIONS

I. SUBCONTRACTOR DISCLOSURE REQUIREMENTS

A completed Utilization Plan (UP) is required to be submitted electronically in the City’s Contract Compliance Reporting System (CCRS) by the apparent low bidder within 24 hours of notification by the City of Portland. On-screen instructions in the CCRS will guide you through the UP process. The UP must list ALL subcontractors to be used on the project, their corresponding type of work, certification type as applicable, and their subcontract amount, regardless of the dollar amount. If the project Bid Form includes Owner-Directed items of work and materials, they shall not be included in the UP. If the project Bid Form includes bid alternates for additional work, materials and/or methods of construction, bidders shall list ALL first-tier subcontractors that will be used if the City awards the bid alternate(s). Bidders also must identify all types of work that will be self-performed.