1-1 Invitation to Bid for Sewer Lining Project.pdf

INVITATION TO BID –

SEWER LINING PROJECT

BID ADVERTISEMENT DATE

September 21, 2026

BID CLOSING DATE

October 14, 2026, 2:00 p.m. PDT

City of Milwaukie – 2 Sewer Lining Project

TABLE OF CONTENTS

SECTION 1: ANNOUNCEMENT 3

SECTION 2: GENERAL INFORMATION 4

SECTION 3: INSTRUCTIONS TO BIDDERS 7

SECTION 4: BID OPENING AND SELECTION 10

SECTION 5: CONTRACT REQUIREMENTS 11

ATTACHMENT A: SAMPLE CONTRACT 12

City of Milwaukie – 3

SECTION 1: ANNOUNCEMENT

City of Milwaukie (City) is seeking bids from qualified and experienced contractors for rehabilitating and restoring deteriorated sanitary sewer pipe in the wastewater collection system facilities, with a specific focus on reducing inflow and infiltration. The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the work shown on the plans and described in specifications including but not limited to:

• Rehabilitate approximately 2,500 linear feet of sanitary sewer pipes using ultra violet Cured-in-Place- Pipe (CIPP) lining technologies

• All work must be completed by March 31, 2027

City’s engineer estimate for this project ranges from $986,375 to $1,142,118.

City utilizes Euna Procurement Bonfire for its electronic procurement system (Procurement Portal). To access the solicitation documents, be added to the distribution list for this solicitation’s automatic notices, and to submit bids electronically, please visit https://milwaukieoregon.bonfirehub.com/. To assist with registration, submission of responses, or for technical support, access Bonfire’s online knowledge base or contact the Bonfire support team at support@gobonfire.com.

Bids shall be accompanied by a certified check, cashier’s check, or bid bond executed in favor of the City of Milwaukie in an amount equal to ten percent (10%) of the total bid amount. Bidders shall be pre-qualified with the Oregon Department of Transportation in the Classes of Work as appropriate prior to the public opening and reading of the bids.

This project is subject to the state prevailing wage rates under ORS 279C.800 to 279C.870. Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120. In accordance with ORS 279C.365, the City will not consider a bid unless it contains a statement by the bidder that they will comply with ORS 279C.838 through ORS 279C.870.

Work under the awarded contract is funded, in part, through Clackamas Water Environment Services’ Regional Inflow and Infiltration Reduction grant program. Prospective bidders will be required to comply with all applicable laws, regulations, and requirements as outlined in these documents.

City’s expectation of any contractor it contracts with is that the contractor’s values align with the City’s values of highly ethical conduct, fiscal responsibility, respect for the City and others, and responsiveness to the City’s customers.

City is committed to ensuring equity and fairness in its contracting and purchasing process and increasing opportunities for minority-owned, women-owned, veteran-owned, and emerging small businesses enterprises. Furthermore, the City strongly encourages its contractors to utilize these businesses when providing subcontracted services and materials under the awarded contract.

Bids must be submitted electronically through the Procurement Portal. Bids will be received until 2:00 p.m.

PDT on Wednesday, October 14, 2026, for the purpose of selecting a bidder who evidences the lowest cost. Bids submitted after the deadline will not be accepted. Upon closing, submitted bids will be opened and read publicly.

https://milwaukieoregon.bonfirehub.com/portal/?tab=openOpportunities https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration mailto:support@gobonfire.com

City of Milwaukie – 4

SECTION 2: GENERAL INFORMATION

2.1 City Information

Milwaukie is a community where residents, businesses, and city government work together to ensure that the community retains its character, natural beauty, and thriving engagement. City serves a population of over 20,000 and provides a rich and vibrant atmosphere that is close to the region’s business core and urban amenities. Additional information regarding other city services and programs may be found on the City’s website at https://www.milwaukieoregon.gov/.

City of Milwaukie is a full-service municipality that operates under a council-manager form of government. The four elected councilors and the elected mayor comprise the City Council and act as representatives of the Milwaukie Residents. City Council sets policies for city government, enacts ordinances and hires, directs and evaluates the city manager, city attorney, and municipal judge. In turn, the city manager is the City's chief executive officer, responsible for overall management and administration.

Various municipal services are provided by city employees and headed by the city manager. The City operates and maintains its own police department, municipal court, building inspections, water, wastewater and stormwater utilities, street operations, planning and engineering services, fleet management, and public library.

2.2 Advertisement of Solicitation Documents

Invitation to Bid (ITB) documents may be obtained at no cost from the Procurement Portal at https://milwaukieoregon.bonfirehub.com/. Bidders will be required to log in to access the solicitation documents, ask questions, and submit a bid.

All questions and clarifications for this ITB must be addressed through the Procurement Portal by clicking on Messages and then the Public Q&A tab within the desired solicitation.

2.3 Schedule of Events

City anticipates the following general timeline for receiving and evaluating the bids. This schedule is subject to change if it is in the City’s best interest to do so.

September 21, 2026 September 28, 2026, 2:00 p.m. PDT October 6, 2026, 2:00 p.m. PDT October 9, 2026, 2:00 p.m. PDT October 14, 2026, 2:00 p.m. PDT October 14, 2026, 2:00 p.m. PDT October 14, 2026, 4:00 p.m. PDT

• Bid advertised

• Deadline for protests of solicitation

• Deadline for changes/clarifications/questions

• Deadline to issue addenda

• Bid closing

• Public bid opening

• First-Tier Subcontractor Disclosure Form Due

• Posting of notice of intent to award October 16, 2026

2.4 Changes to Solicitation by Addenda

City reserves the right to make changes to this ITB by written addenda. Addenda will be sent to all prospective bidders known to have obtained the solicitation documents at the time addenda is issued, as well as be posted publicly on the solicitation page of the Procurement Portal.

Bidders should consult the Procurement Portal regularly until bid closing to ensure no addendum announcements have been missed. By submitting a bid, each bidder agrees that it accepts all risks and waives all claims associated with or related to its failure to obtain addendum information.

Bidder may request a change in the ITB by submitting a request through the Public Q&A tab in the Procurement Portal. The request must specify the provision of the ITB in question and contain an https://www.milwaukieoregon.gov/ https://milwaukieoregon.bonfirehub.com/portal/?tab=openOpportunities

City of Milwaukie – 5 explanation of the requested change. All requests for changes to the ITB must be submitted to the City no later than the changes and questions deadline set forth in Subsection 2.3.

City will evaluate any request submitted but reserves the right to determine whether to accept the requested change. Changes that are accepted by the City will be issued in the form of an addendum to this ITB. All addenda will have the same binding effect as though contained in the main body of this ITB. Written or oral instructions or information concerning the scope of work of the project given out by any method other than the City’s Finance Department or through the Procurement Portal will not bind the City.

No addenda will be issued later than the date set in Subsection 2.3, except an addendum, if necessary, postponing the date for receipt of bids, canceling the invitation, or modifying elements of the ITB resulting from delayed process. Each bidder is responsible for obtaining all addenda prior to submitting a bid.

Failure to timely request clarification or changes will be deemed acceptance of all of the terms and conditions of the solicitation. Receipt of each addendum must be acknowledged in writing in the Bid Booklet as part of the bid.

2.5 Cancellation

City reserves the right to cancel the contract award at any time before execution of the contract by both parties if cancellation is deemed to be in the City’s best interest. In no event will the City have any liability for the cancellation of contract award.

2.6 Late Bids

All bids that are not received by the submission deadline will not be accepted. The Procurement Portal will automatically block submissions at the exact time the ITB closes.

2.7 Disputes

In case of any doubt or differences of opinion as to the items or service to be furnished hereunder, or the interpretation of the provisions of this ITB, the decision of the City will be final and binding upon all parties.

2.8 Interpretation of ITB Documents

Bidder will promptly notify City of any ambiguity, inconsistency or error, which they may discover upon examination of the bid documents, plans, or specifications. Bidders requiring clarification or interpretation of the bid documents may submit a written request through the Public Q&A tab in the Procurement Portal.

Such notification must also be made in sufficient time for the City to make any necessary modifications and issue addenda to bidders prior to bid closing.

City will make interpretations, corrections, or changes to the bid documents by published addenda in accordance with Subsection 2.4. Interpretations, corrections, or changes to the bid documents made in any other manner will not be binding, and bidder will not rely upon such interpretations, corrections and changes.

2.9 Competition

Bidders are encouraged to comment, in writing, on any specification or requirement within this ITB which the bidder believes will inordinately limit competition. All complaints or perceived inequities related to this ITB must be submitted to Procurement@milwaukieoregon.gov. Such submittals will be reviewed upon receipt.

2.10 Cost of ITB and Associated Responses

City is not liable for any costs incurred by a bidder in the preparation and/or presentation of a bid. City is not liable for any cost incurred by a bidder in protesting the City’s award decision.

mailto:Procurement@milwaukieoregon.gov

City of Milwaukie – 6

2.11 Requests for Clarification, Additional Research, and Revisions City reserves the right to obtain clarification of any point in a bid or to obtain additional information necessary to properly evaluate a particular bid. Failure of a bidder to respond to such a request for additional information or clarification may result in a finding that the bidder is non-responsive and consequent rejection of the bid.

City may obtain information from any legal source for clarification of any bid or for information of any bidder. City need not inform the bidder of any intent to perform additional research in this respect or of any information received.

City may perform, at its sole option, investigations of the responsible bidder. Information may include, but will not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public records and may be disclosed accordingly.

2.12 Solicitation Protest Procedures

Any and all complaints regarding this solicitation must be presented by the solicitation protest deadline, as identified in Section 2.3. City will address all timely submitted protests within a reasonable time following the City’s receipt of the protest and will issue a written decision to the protesting bidder.

Protests must include “Reference #: ITB-2026-065 - Solicitation Protest” in the email subject line and be sent to Procurement@milwaukieoregon.gov.

Protests must include:

A. The identity of the bidder;

B. A clear reference to this ITB;

C. Reason for the protest;

D. Proposed changes to the ITB provisions and/or statement of work; and

E. All required information as described in Oregon Revised Statutes (ORS) 279B.405(4).

Protests that do not include the required information will not be considered.

2.13 Rejection of Bids

City reserves the right to reject any or all bids received as a result of this ITB. Bids may be rejected for one or more of the following reasons, including but not limited to:

A. Failure of bidder to adhere to one or more of the provisions established in this ITB.

B. Failure of bidder to submit a bid in the format specified.

C. Failure of bidder to submit a bid within the time requirements.

D. Failure of bidder to adhere to ethical and professional standards before, during, or following the bidding process.

City may reject any bid not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all bids upon findings by the City that it is in the public interest to do so.

2.14 Modification or Withdrawal of Bid

Bids submitted early may be modified or withdrawn prior to the submission deadline by retrieving it through the Procurement Portal. Modified or withdrawn bids may be resubmitted up to the submission deadline, provided that they are fully in conformance with these ITB requirements. Any bid withdrawn and resubmitted will supersede the original bid submitted.

A bid may not be modified, withdrawn, or canceled by the bidder for 30 calendar days following the submission deadline.

mailto:Procurement@milwaukieoregon.gov

City of Milwaukie – 7

2.15 Bid Ownership

All bids submitted become and remain the property of the City, and as such, are considered public information and subject to public disclosure within the context of the federal Freedom of Information Act and ORS 192.345 and 192.355.

All information submitted by bidders will be public record and subject to disclosure pursuant to the Oregon Public Records Act, except such portions of the bids for which bidder requests exception from disclosure consistent with Oregon Law. All requests must be in writing, noting specifically which portion of the bid the bidder requests exception from disclosure. Bidder will not copyright, or cause to be copyrighted, any portion of any said document submitted to the City as a result of this ITB. Bidder should not mark the entire bid document “confidential.”

Unless certain pages or specific information are specifically marked “proprietary” and qualify within the context of the regulations stated in the preceding paragraph, the City will make available to any person requesting information through the process for disclosure of public records, any and all information submitted as a result of this ITB without obtaining permission from any bidder only after the contract has been executed.

2.16 Duration of Bid

Bid terms and conditions will be firm offer for a period of at least 30 days from the bid closing date. The successful bid will not be subject to changes of terms if accepted by the City during the 30-day period.

Changes in terms by others after the acceptance of a bid will not be considered.

2.17 Affirmative Action/Nondiscrimination

By submitting a bid, the bidder agrees to comply with the Fair Labor Standard Act, Civil Rights Act of 1964, Executive order 11246, Fair Employment Practices, Equal Employment Opportunity Act, Americans with Disabilities Act, and Oregon Revised Statutes. Additionally, the bidder specifically certifies, under penalty of perjury, that the bidder has not discriminated against minority-owned, women-owned, veteran-owned businesses or emerging small business enterprises in obtaining any required subcontracts.

SECTION 3: INSTRUCTIONS TO BIDDERS

3.1 Contracting Law

Bidder is presumed to be familiar with all federal, state, and local laws, ordinances and regulations, orders and decrees which affect those engaged or employed in the work, materials, or equipment used in the proposed construction or which may affect the conduct of the work. If the bidder discovers any provision in the contract documents which is contrary to or inconsistent with any law, ordinance, or regulation, they shall immediately report it to the City in writing.

The contractor, subcontractor, suppliers of materials or services, and others engaged by the contractors, shall also comply at all times with and observe all such laws, ordinances, regulations, orders, and decrees.

3.2 Prequalification Requirements

Bidders must be prequalified by the Oregon Department of Transportation (ODOT) in the specified Classes of Work, as appropriately determined by the City. A bidding contractor who is not prequalified in all required classes at the time of bid opening will be rejected as non-responsive. The Class(es) of Work for this project may be found below and in the Special Provisions:

• OTH1 (Other - Sanitary Sewer Rehabilitation)

• TTC (Temporary Traffic Control)

City of Milwaukie – 8

3.3 Contract Documents

Plans, general conditions for construction, Special Provisions, specifications, and any additional information related to this project are provided in these ITB documents.

3.4 Project Site Examination

Before submitting a bid, bidders will make a careful visual examination of the project site(s) of the proposed work, the Bid Booklet, plans, and specifications. Bidders must also contact utility providers to verify all utility providers' anticipated involvement on the project site. Bidders shall also review any subsurface investigation material that may be available and conduct additional investigation of any unusual condition apparent during the visual site examination.

Bidder must notify City, in writing, of any such unusual condition and the additional investigation undertaken by bidder. Submission of a bid will constitute confirmation that the bidder has examined the project site(s) and finds the plans and specifications to be sufficiently detailed and accurate to enable bidder to properly perform the work, and understands the conditions to be encountered in performing the work and all requirements of the contract.

Bidder is responsible for loss or unanticipated costs suffered by the bidder because of the bidder's failure to fully examine the site(s) and become fully informed about all conditions of the work, or failure to request clarification of plans and specifications bidder believes to be erroneous or incomplete.

The plans, specifications and other related documents do not purport to control the method of the work, but only the requirements as to the nature of the completed work. The awarded bidder assumes the entire responsibility for the method of performing and installing the work. Suggestions as to the method of performing and installing the work included in the contract documents will be deemed advisory only and the feasibility of such methods, or the lack thereof, will not affect the contractor's liability or status as an independent contractor under the awarded contract.

3.5 Prevailing Wage Rates

The work under this project is to be paid for by public funds. This is a public works project subject to state prevailing rates of wage under ORS 279C.800 to 279C.870. Unless otherwise exempt, contractor and any subcontractors must pay workers in each trade or occupation that contractor or its subcontractors or other person who is a party to the contract uses in performing all or a part of the contract not less than the applicable minimum Oregon prevailing wage rates in accordance with ORS 279C.838 and ORS 279C.840. The applicable Oregon minimum prevailing wage rates for such workers are contained in the publication Prevailing Wage Rates For Public Works Contracts in Oregon and any applicable amendments in effect as of September 3, 2026 (see links at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx), and are hereby incorporated herein for the duration of the project as of the date this ITB was first advertised. All project work will take place in Clackamas County, Oregon.

3.6 Public Works Bond

Contractor and every subcontractor must have a public works bond in the amount of $30,000 filed with the Oregon Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9). This bond is in addition to performance and payment bond requirements.

3.7 Estimate of Listed Quantities

The estimate of quantities of work to be done under unit price bids is approximate and is given only as the basis of calculation for comparison of bids and award of the contract. City does not agree that the actual amount of work will correspond precisely to the amount as shown or estimated. Payment will be made at unit prices under a contract only for work actually performed or materials actually furnished according to actual measurements. Material for work required to complete the project, but not specifically identified in the bid schedule, will be considered incidental to the work.

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

City of Milwaukie – 9

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

3.8 Bid Submittal

Bid and any attachments must be type-written and submitted electronically through the Procurement Portal is the requested format. A person authorized to make such a commitment on behalf of the bidding contractor must sign the required document(s). Bids must be submitted by the deadline. Phone, facsimile, mail delivery, email delivery, and in-person bids will not be accepted.

Bids must be submitted by 2:00 p.m. PDT on Wednesday, October 14, 2026 through the Procurement Portal.

3.9 Bidder Requirements

Bidder must meet the following minimum requirements:

A. Be pre-qualified by ODOT in the specified Classes of Work, as indicated in the Special Provisions.

B. Be a legal entity, currently registered to do business in the State of Oregon (per ORS 60.701);

C. Be currently registered with the Oregon Construction Contractors Board (CCB) as required by ORS 701.021;

D. Bidder shall not be listed on BOLI’s list of persons/contractors having violated prevailing wage rate laws per ORS 701.227; and

E. Been in business for at least five (5) years.

3.10 Bid Requirements

The following items are a minimum content requirement of a bid submitted in response to this ITB:

A. Bid Schedule The Bid Schedule is provided to prospective bidders as an Excel document for this ITB. The Bid Schedule is available on the solicitation page in the Procurement Portal. Bidders are required to download the Bid Schedule and submit the completed schedule as part of their bid submission by the submission deadline.

B. Bidder’s Checklist For the City to consider a bid responsive, a bidder must complete and include all documents listed in the checklist of the Bid Booklet for to this ITB.

City of Milwaukie – 10

SECTION 4: BID OPENING AND SELECTION

4.1 General

All bids will become part of the public file, without obligation to the City.

4.2 Public Bid Opening

Bids will be opened and the total price for each bid will be read publicly online via videoconference, beginning at 2:00 p.m. PDT on the day of bid closing, as identified in Subsection 2.3. Microsoft Teams will be used to conduct the meeting. Use the link and meeting information below to access the videoconference.

https://teams.microsoft.com/meet/243100613176532?p=qo1f4tBfFLOxkUn00h

Bidders and other interested parties are invited to be present. Bids for the project will be compared on the basis of the total amount of each bid. The total amount of the bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by the bidder.

4.3 Ranking of Bids

City will verify minimum compliance with the requirements of this ITB following the public bid opening and determine compliance for the apparent lowest responsive bidder. Bids will be ranked based on the lowest proposed cost with the lowest bid being that bidder which is deemed to be the intended contractor, and the second lowest bid being the second bidder most appropriate.

4.4 City’s Rights Reserved

City reserves the right to:

A. Waive any or all irregularities or minor informalities in a submitted bid;

B. Award any or all parts of any bid; and

C. Request references and other data to determine responsiveness.

4.5 Intent of Award

Upon the completion of the bid opening and verification of minimum requirements, the City intends to negotiate a contract with the lowest bidder. The notice of intent to award (including a tabulation of bid results) will be published publicly on the Procurement Portal.

4.6 Protest of Award

In accordance with the City’s Public Contracting Rule 40.145(C) and ORS 279B.410, any adversely affected or aggrieved bidder (limited to the three apparent lowest bidders and any other bidder directly in line for contract award) has seven (7) calendar days from the date of the published notice of intent to award notice to file a written protest. The protest must specify the grounds upon which the protest is based.

https://teams.microsoft.com/meet/243100613176532?p=qo1f4tBfFLOxkUn00h

City of Milwaukie – 11

SECTION 5: CONTRACT REQUIREMENTS

5.1 Contract

Lowest responsive and responsible bidder will be asked to sign a public improvement contract with the City within 30 days of the bid opening. A sample contract is attached as part of these ITB documents, including general conditions for construction, Special Provisions, and technical specifications. City will require specific levels of insurance, a Milwaukie (or Oregon Metro) business license, and a federal tax identification number.

The bidder will deliver the properly executed contract, performance bond, payment bond, retainage bond (if applicable), certification of workers' compensation coverage, required certificates of liability insurance, and any other required documents to the City within ten (10) calendar days after the date on which the contract documents are sent or otherwise conveyed to the contractor. The bidder will return all documents received from the City with original or electronic signatures.

After the City has received and verified the properly executed documents and received approval of contract award from its City Council, the City will execute the contract.

5.2 Contract Negotiations

City reserves the right to negotiate final terms of the contract as the City determines it to be in its best interest. City will begin negotiations once the City has determined the lowest bidder and the notice of intent to award has been issued. If the City cannot come to terms with the lowest bidder, the City will formally terminate negotiations and enter into negotiations with the second lowest responsive and responsible bidder. This process will continue until the City reaches a contract which the City deems appropriate for the work or determines that a new competitive solicitation is necessary.

Additionally, failure of the bidder to execute the contract and provide the required certificates, certifications, and bonds may be cause for cancellation of the award, and may be cause for forfeiture of the bid guaranty under ORS 279C.385. Award may then be made to the next lowest responsible bidder, the project may be re-advertised, or the work may be performed otherwise as the City decides.

5.3 Contract Award

The award of a contract is accomplished by executing a written public improvement contract that incorporates elements of the solicitation, bid, clarifications, addenda, and additions. All such materials constitute the complete contract documents. City Council may be required to authorize the award of contract at a regular session.

5.4 Project Site Restriction

Until the City sends the awarded contractor written notice to proceed with the work, and the contractor has filed the public works bonds required in ORS 279C.830(2), the contractor must not go onto the project site on which the work is to be done, nor move materials, equipment, or workers onto that project site.

Contractor will not automatically be entitled to extra compensation because the commencement of work is delayed by failure of the City to send the contract for execution.

However, if more than 60 days elapse between the date the bid is opened and the date the City sends the contract to be executed, the City will consider granting an adjustment of time for completion of the work to offset any actual delay to contract completion resulting directly from delay in commencement.

5.5 Notice to Proceed

A written notice to proceed will be issued by the City during the pre-construction meeting. Should the City fail to issue the notice to proceed during the pre-construction meeting, the contractor may apply for an adjustment of contract time. City will issue a first notification recording the date the performance of the contract has begun.

City of Milwaukie – 12

ATTACHMENT A

SAMPLE PUBLIC IMPROVEMENT CONTRACT

FOR SEWER LINING PROJECT

THIS PUBLIC IMPROVEMENT CONTRACT (“Contract”) is made and entered into by and between the City of Milwaukie, a municipal corporation of the State of Oregon, hereinafter called “Agency”, and [Contractor’s Name], a(an) [State] [ corporation/partnership], hereinafter called “ Contractor”, duly authorized to perform such services in Oregon. City and Contractor may be referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS

WHEREAS the Agency requires construction and related services for rehabilitating and restoring deteriorated sanitary sewer pipes; and

WHEREAS the accomplishment of the work described in this Contract is necessary and essential to the public works improvement program of the Agency; and

WHEREAS the Agency has determined that the Contractor is qualified and capable of performing the required work under those terms and conditions set forth.

THEREFORE, the Parties hereby agree as follows:

1. WORK

Services under this Contract shall consist of rehabilitating approximately 2,500 linear feet of sanitary sewer pipes using ultra violet Cured-in-Place-Pipe (CIPP) lining technologies. Contractor shall perform and complete the work herein described and provide for and furnish all necessary machinery, tools, apparatus, equipment, supplies, materials and labor and complete all things in accordance with the applicable standard specifications for construction, special provisions, general conditions, and other requirements bound herewith, and in accordance with such alterations or modifications as may be made by the Agency, and according to such directions as may be made or given by the Agency under the authority and within the meaning and purpose of this Contract. This Contract shall be binding upon the heirs, executors, administrators, successors and assigns of the Contractor.

2 . CONTRACT EFFECTIVE DATE AND DURATION

This Contract shall become effective upon the date of execution by the Agency, and shall expire, unless otherwise terminated or extended, on September 30, 2027.

3. TIME TO COMPLETE WORK

Contractor agrees that completion of work shall be no later than March 31, 2027, as stated in subsection 00180.50 of the Special Provisions (Exhibit A).

4 . CONTRACT DOCUMENTS

This Contract, Special Provisions, Standard Specifications for Construction – General Conditions (Exhibit B), Plans (Exhibit C), Schedule of Values (Exhibit D), and any other required provisions or related documents (“Contract Documents”) are hereby specifically referred to and by this reference made a part of this Contract and shall by such reference have the same force and effect as though all of the same were fully written or inserted herein.

City of Milwaukie – 13

5 . COMPENSATION

Agency agrees to pay Contractor not to exceed [amount in written form] dollars ($amount in numerical form) for performance of those services provided herein, which payment shall be based upon the following applicable terms:

A. Statement of Services. Payment shall be based upon the unit prices bid by the Contractor, as listed in the attached Contract Documents. Contractor shall prepare and submit each month to the Agency a detailed statement of services rendered indicating the description of each pay item and the dollar amount of each service/material completed through the stated date, together with a request for payment duly verified by the Contractor.

Payment by the Agency shall release the Agency from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services.

Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. Agency certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract.

Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the Agency. The Agency shall retain the right to withhold payments if required proof of payment to any subcontractors or suppliers is not included with the statement of services.

B. Retainage. Progress payment amounts due shall be reduced five percent (5%) of the value of work accomplished, except for any retainage bonded through a surety, in accordance with subsection 00195.50 of Exhibit B. This Contract shall apply retainage in the form of [cash withheld/retainage surety bond/bond, security or other instrument/interest-bearing account].

6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR

A. Contractor acknowledges that for all purposes related to this Contract, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City.

B. Contractor certifies that it currently has either a City of Milwaukie or an Oregon Metro business license, or will obtain one prior to delivering services under this Contract. A business license is required for the duration of this Contract.

C. Contractor is not an officer, employee, or agent of the Agency as those terms are used in ORS 30.265.

7. OWNERSHIP OF WORK PRODUCT

Agency shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Contract prior to termination of this Contract by Contractor or upon completion of the work pursuant to this Contract.

8. NON-WAIVER

The failure of Agency to insist upon or enforce strict performance by Contractor of any of the terms of this Contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion.

9. GOVERNING LAW

The provisions of this Contract shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Contract must be brought in the Circuit Court of Clackamas County or the U.S. District Court in Portland.

10. NON-DISCRIMINATION

City of Milwaukie – 14

Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws.

11. CONFLICT BETWEEN TERMS

It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid of the Contractor, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

12. CONTACT INFORMATION

All invoices shall be provided in writing and given by personal delivery, mail, or email. Payments may be made by check or electronic transfer. The following addresses shall be used to transmit invoices, payments, and other financial information, and when so addressed shall be deemed given upon deposit in the United States mail or postage prepaid. In all other instances, invoices and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices and correspondence are to be given by giving written notice pursuant to this paragraph.

Agency – Accounts Payable Contractor – Accounts Receivable 10501 SE Main Street Milwaukie, Oregon 97222

[insert address]

Phone: 503.786.7535 Phone: [insert #] Email: ap@milwaukieoregon.gov Copy to: XXXX@milwaukieoregon.gov

Email: [insert address]

All notices and project correspondence shall be provided in writing and given by personal delivery, mail, or email. The following addresses shall be used to transmit notices and project-related information, and when so addressed shall be deemed given upon deposit in the United States mail or postage prepaid. In all other instances, notices and correspondence shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices and correspondence are to be given by giving written notice pursuant to this paragraph.

Agency – Project Manager Contractor – Project Manager Attn: [project manager name] Attn: [project manager name] [insert address] [insert address] Phone: [insert #] Phone: [insert #] Email: [insert address] Email: [insert address]

13. HAZARDOUS MATERIALS

Contractor shall supply Agency with a list of any and all hazardous substances used in performance of this Contract. That list shall identify the location of storage and use of all such hazardous substances and identify the amounts stored and used at each location. Contractor shall provide Agency with material safety data sheets for all hazardous substances brought onto Agency property, created on Agency property or delivered to Agency pursuant to this Contract. For the purpose of this paragraph, "hazardous substance" means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's hazardous substance survey as required by ORS 453.317 and shall assist Agency to complete any such survey that it may be required to complete because of substances used in the performance of this Contract.

14. HAZARDOUS WASTE

City of Milwaukie – 15

If, as a result of performance of this Contract, Contractor generates any hazardous wastes, Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal and state requirements. Contractors shall provide Agency with documentation, including all required manifests, demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall defend, indemnify, and hold harmless Agency for any disposal or storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of hazardous materials.

15. SEVERABILITY

In the event any provision or portion of this Contract is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect and shall in no way be affected or invalidated thereby.

16. COMPLETE AGREEMENT

This Contract and attached exhibits constitutes the entire agreement between the Parties. No waiver, consent, modification, or change of terms of this Contract shall bind either Party unless in writing and signed by both Parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Contract. Contractor, by the signature of its authorized representative, acknowledges that they have read this Contract, understand it and agree to be bound by its terms and conditions.

IN WITNESS WHEREOF, the Agency has caused this Contract to be executed by its duly authorized undersigned officer and the Contractor has executed this Contract on the date set forth below.

CITY OF MILWAUKIE [CONTRACTOR’S NAME]

Signature Signature

Printed Name & Title Printed Name & Title

Date Date

Federal Employer Identification Number

Oregon Construction Contractors Board License Number and Expiration Date

City of Milwaukie – 16

AUTHORITY TO SIGN

If Contractor is a corporation, then attach evidence of authority to sign.

If Contractor is not a corporation, then leave this page blank.

ATTEST:

By: ________________________________________________ Signature

Printed Name: ________________________________________________

Title: ________________________________________________

ACKNOWLEDGMENT:

By a Corporation:

State of ________________________ County of ______________________

On this ________ day of 2026, before me, a Notary Public in and for the County of , State of , personally appeared ________________________, known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and he or she acknowledged to me that such corporation executed the same, pursuant to its by-laws or a resolution of its board of directors.

(SEAL) ________________________________________________

Signature of Notary Public

Name of Notary Public

Notary Public, State of __________________

City of Milwaukie – 17

CERTIFICATION OF WORKERS’ COMPENSATION COVERAGE

Contractor, for the purposes of this Contract, hereby certifies that it is currently providing Oregon Workers’ Compensation coverage for all its employees and will maintain coverage throughout the course of the project through one of the following methods:

1. ☐ Carrier-Insured Employer (State Accident Insurance Fund Corp or other authorized insurer)

Insurance Company Name ___________________________________________________________

ID/Policy Number _____________________________________________________________________

2. ☐ Self-Insured Employer (Certified by the Workers’ Compensation Division) ID number assigned by Workers’ Compensation Division ________________________________

3. ☐ I am an independent contractor and will perform all work under this Contract without the assistance of others.

In the event of cancellation or change in the information above, Contractor certifies that it will immediately notify Agency of said cancellation or change and will obtain alternate coverage.

Dated _______________________, 2026

Contractor’s Authorizing Signature

Printed Name & Title

REMINDER - ADDITIONAL INFORMATION NEEDED

Has your insurance carrier filed with Oregon Workers’ Compensation Division a guaranty contract as proof of coverage for your employees working in Oregon?

For filing information, contact the Workers’ Compensation Division at Labor and Industries Building in Salem, Oregon; phone 503.947.7810.

City of Milwaukie – 18

PUBLIC IMPROVEMENT CONTRACT PERFORMANCE BOND

Bond No. ________________________________

KNOW ALL PERSONS BY THESE PRESENTS, that we, __________________________________________________________________________________, whose address is (Contractor’s Name & Form of Organization)

(Street Address)

(City) (State) (Zip) herein called “Principal,” and, (Name of Surety)

(Street Address of Surety)

(City) (State) (Zip)

(Print Agent / Contact Name) (Phone Number) a corporation duly authorized to conduct a general surety business in the State of Oregon, herein called “Surety,” are jointly and severally held and bound unto the City of Milwaukie, Oregon, a municipality of the State of Oregon, herein called “Obligee,” in the sum of and /100 dollars ($_____________________), (contract price, both in words and figures) lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these presents, TERMS AND CONDITIONS

On the _________ day of ______________________, 2026, ____________________________________________, (Contractor’s Name)

Principal, entered into a contract with the Obligee for the construction of certain public improvements and to provide material, labor, and equipment for the construction of those improvements. The improvements and work to be performed by Principal are more fully described in the Contract Documents between Principal and Obligee. Those contract documents are incorporated herein by reference.

In the event that Principal fails to complete the work as required under the contract, Surety shall either complete the work or pay Obligee the costs of completion of the work. Work is only complete when it meets the standards required by this Contract and applicable City of Milwaukie standards. Surety’s

City of Milwaukie – 19 obligation shall remain in effect until the work is accepted by Obligee but shall terminate on acceptance by Obligee.

The total amount of the Surety's liability to Obligee under this bond shall in no event exceed the amount stated above.

Surety agrees that no change, extension of time, alternation, or addition to the terms of the contract, or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or the specifications.

IN WITNESS WHEREOF, the Parties hereto have caused this Bond to be executed in ______________________, (City, State) this ____________ day of ________________, 2026.

Contractor’s Name (printed) Principal’s Signature

Principal Name (printed)

Witnesses:

Surety:

A true copy of the Power of Attorney must be attached to the original of this bond.

Surety Company Surety Attorney of Fact Signature

Countersigned:

Resident Agent

City of Milwaukie – 20

Bond No. ________________________________

KNOW ALL PERSONS BY THESE PRESENTS, that we, __________________________________________________________________________________, whose address is (Contractor’s Name & Form of Organization)

(Street Address)

(City) (State) (Zip) herein called “Principal,” and, (Name of Surety)

(Street Address of Surety)

(City) (State) (Zip)

(Print Agent / Contact Name) (Phone Number) a corporation duly authorized to conduct a general surety business in the State of Oregon, herein called “Surety,” are jointly and severally held and bound unto the City of Milwaukie, Oregon, a municipality of the State of Oregon, herein called “Obligee,” in the sum of and /100 dollars ($_______________________), (contract price, both in words and figures) lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these presents, TERMS AND CONDITIONS

On the _________ day of ___________________, 2026, __________________________________________________, (Contractor’s Name)

Principal, entered into a contract with the Obligee for the construction of certain public improvements and to provide material, labor, and equipment for the construction of those improvements. The Contract Documents are incorporated herein by reference.

In the event that Principal fails to make payments when due to suppliers of labor, equipment, or materials, Surety shall pay the suppliers the amounts they are due. In the event that Obligee pays any amounts to suppliers that Principal was required to pay, Surety shall reimburse Obligee for those payments. In the event that Principal permits any lien or claim to be filed or prosecution against the City of Milwaukie on account of any labor or material furnished, Surety shall take such steps as are necessary to clear the lien, claim or prosecution. In the event that Principal fails to (1) promptly pay all contributions or amounts due the State Unemployment Compensation Trust Fund incurred to the performance of the contract, (2)

PUBLIC IMPROVEMENT CONTRACT PAYMENT BOND

City of Milwaukie – 21 promptly, as due, make payments to the person, co-partnership, association, or corporation entitled thereto of the money and sums mentioned in Oregon Revised Statutes (“ORS”) Chapter 279C.600, or (3) promptly pay to the Oregon State Tax Commission all sums required to be deducted and retained from wages of employees of the Principal and its subcontractors, pursuant to ORS 316.167, Surety shall make the required payments. Surety’s obligations under this Bond shall terminate when all payments required of Principal described in this paragraph are made in full.

The total amount of the Surety's liability under this Bond both to the Obligee and to the persons furnishing labor or materials, provisions and goods to any person or persons, shall in no event exceed the amount stated above.

Surety agrees that no change, extension of time, alternation, or addition to the terms of this Contract, or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of this Contract or to the work or the specifications.

IN WITNESS WHEREOF, the Parties hereto have caused this Bond to be executed in _____________________, (City, State) this ___________ day of _______________, 2026.

Contractor’s Name (printed) Principal’s Signature

Principal Name (printed)

Witnesses:

Surety:

A true copy of the Power of Attorney must be attached to the original of this bond.

Surety Company Surety Attorney of Fact Signature

Countersigned:

Resident Agent

City of Milwaukie – 22

EXHIBITS

Exhibit A: Special Provisions Exhibit B: Standard Specifications for Construction – General Conditions Exhibit C: Plans Exhibit D: Schedule of Values Exhibit E: Solicitation…