116198_-_Bridge_#23952_Railing_Retrofit.pdf

ITB

116198 - BRIDGE #23952 RAILING RETROFIT

(NO. 2026.060-ITB)

FOR

Washington County, Oregon

RELEASE DATE: July 13, 2026 DEADLINE FOR QUESTIONS: July 27, 2026

RESPONSE DEADLINE: July 29, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/washington-county-or

116198 - Bridge #23952 Railing Retrofit

1. Introduction

2. Legal Advertisement

3. Scope of Work

4. Pricing Proposal

5. Instructions to Bidders for ITB

6. Special Instructions

7. Program Compliance Requirements

8. Vendor Questionnaire

Attachments:

A - 116198 - Bridge 23952 Railing Retrofit Book 1 B - 116198 - Bridge 23952 Railing Retrofit Book 2 C - 116198 - ATTACHMENT-C-Insurance_Requirements D - 116198 - 1.10 Signature Page Fillable E - 116198 - Bridge 23952 Railing Retrofit_Plans-Signed G - 116198 - 1.30 First Tier Fillable Z - CAC Full Sheet Informational Flyer

116198 - Bridge #23952 Railing Retrofit

1. 1. Introduction

1. 1.1. Summary

Washington County will retrofit the bridge rail system on Gaston Road (Bridge #23952). Work includes installing a new Rectangular Tube Retrofit system per ODOT Standard Drawings.

The Work to be done under this contract includes:

- Maintaining temporary traffic control and pedestrian access per project requirements.

- Installing new retrofit bridge rail components, anchors, coatings, and associated hardware.

Approximately 170 feet of new retrofit rail will be placed.

- Performing all additional, incidental, and environmental compliance work required by the Standard Specifications, Special Provisions, Typical Drawings, and Plans.

2. 1.2. Contact Information

Danielle Howard Procurement Analyst II 155 North First Ave

MS-28

Hillsboro, OR 97124 Email: danielle_howard@washingtoncountyor.gov Phone: (503) 846-8757 Department:

LUT

3. 1.3. Timeline

The County reserves the right to modify this schedule at the County’s discretion. Proper notification of changes in the bid closing date will be made to all bidders who have received bid documents.

Bid Advertised and Released July 13, 2026

Last Date to Submit Questions July 27, 2026, 5:00pm

Bid Closing Date and Time July 29, 2026, 2:00pm mailto:danielle_howard@washingtoncountyor.gov tel:(503)846-8757

116198 - Bridge #23952 Railing Retrofit

2. 2. Legal Advertisement

1. 2.1. Legal Advertisement

WASHINGTON COUNTY, OREGON INVITATION TO BID

No. 2026.060-ITB 116198 - Bridge #23952 Railing Retrofit

The Invitation to Bid (“ITB”) documents will be available at www.WashCoPurch.com/biz

Bidders are responsible for checking the site for any addenda to the ITB documents before submitting their bids to the site.

Bids are due no later than 2:00 pm on Wednesday, July 29, 2026 late bids are unable to be entered.

The estimated expense for this contract will be $110,000.

Bids must contain:

• A statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120(1)(b).

• Confirmation that bidder will comply with the statement in the bid document regarding compliance with the provisions of ORS 279C.800 to 279C.870 or 40 U.S.C. 3141 et seq.

“Workers on Public Works to be Paid Not Less Than Prevailing Rate of Wage".

The County may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the County it is in the public interest to do so.

Washington County reserves the right to reject any and all bids and to waive any and all informalities in the best interest of the County.

Bidders are solely responsible for ensuring receipt of their bid by the Procurement Division.

All bidders must be registered with the Oregon Construction Contractors Board prior to submitting bids. Failure to be registered will be sufficient cause to reject a bid as "non-responsive.”

Licensing per ORS 468A.720 (working with asbestos) is not required for this project.

Bidders must conform to the requirements of these bid documents and all related, applicable laws.

Contractor will demonstrate that an employee drug and alcohol testing program is in place and that employees who are engaged in the construction, reconstruction or maintenance of a project (all public works projects) have tested negative for drugs and alcohol or have entered a rehabilitation program.

http://www.washcopurch.com/biz

116198 - Bridge #23952 Railing Retrofit

The County does not intend to pre-qualify any bidders for this project. All bids submitted for this project will be considered provided that they meet the criteria set forth in the bid documents with respect to submission in a timely manner, bonding, and all other applicable requirements.

However, all bidders will be checked against the Bureau of Labor and Industries and the Construction Contractor’s Board list of contractors ineligible to receive public works contracts.

Dated this 13 day of July, 2026

Danielle Howard

Procurement Analyst II

(503) 846-8757

Posted to: Monday, July 13, 2026 Oregon Buys

116198 - Bridge #23952 Railing Retrofit

3. 3. Scope of Work

1. 3.1. Specifications

Washington County is seeking the services of a qualified vendor based on the requirements in this solicitation and in accordance with the following:

Attachment A & B– Book 1 and Book 2

Attachment E – Drawings

2. 3.2. Overview and Purpose

This project will retrofit the existing bridge rail system on Gaston Road (Bridge #23952) by installing a new Rectangular Tube Retrofit system in accordance with ODOT Standard Drawings BR285 and BR286.

3. 3.3. Schedule

All work under the Contract shall be completed no later than November 30, 2026.

4. 3.4. Unique Considerations

- The project requires strict compliance with environmental protection measures including in-water work restrictions, pollution control, wildlife protection (fish, birds, bats), and Clean Air Construction diesel equipment requirements.

- A Work Containment Plan (WCP) is required for all bridge rail retrofit activities and must be approved prior to the start of work. 2

- Traffic on Gaston Road must be maintained as one-lane, two-way controlled traffic except as otherwise allowed by the Special Provisions.

5. 3.5. Scope of work, any plans and/or specifications.

OVERVIEW

This project consists of constructing a new Rectangular Tube Retrofit rail system, including structural steel tubes, mounting plates, adhesive anchors, splice assemblies, and protective coatings. All retrofit work must follow ODOT Standard Drawings BR285 and BR286 and meet the material, fabrication, and coating requirements shown in the Plans. Approximately 170 feet of retrofit bridge rail will be installed.

GENERAL REQUIREMENTS

For this project, perform all additional and incidental Work as called for by the Standard Specifications, Special Provisions, Typical Drawings, and Plans, including all environmental

116198 - Bridge #23952 Railing Retrofit protection, documentation, and compliance activities required for construction within restricted work areas.

APPLICABLE SPECIFICATIONS

The Specifications applicable to the Work on this project are the 2024 edition of the Oregon Standard Specifications for Construction, as modified by these Special Provisions.

All number references in the Special Provisions shall be understood to refer to the Sections and subsections of the Standard Specifications bearing like numbers and to the entirety of the Sections and subsections contained in these Special Provisions.

116198 - Bridge #23952 Railing Retrofit

4. 4. Pricing Proposal

All items must have a price or percentage in order to be seen as responsive. The County considers a line marked as $0 to be the price bid for that line item.

Line Item Description Quantity Unit of Measure

Unit Cost Total

EXTRA WORK (00100)

1 Miscellaneous Field Changes (As Authorized)

1 AA $25,000.00

TEMPORARY FEATURES AND APPURTENANCES (00200)

2 Mobilization (00210) 1 LS

3 Temporary Protection and Direction of Traffic (00221)

1 LS

4 Pollution Control Plan (00290) 1 LS

5 Work Containment Plan (00290) 1 LS

BRIDGES (00500)

6 Rectangular Tube Retrofit (00587) 170 FT

TOTAL

116198 - Bridge #23952 Railing Retrofit

5. 5. Instructions to Bidders for ITB

1. 5.1. Deadline Disclaimer

A. It is the responsibility of the responder to upload and submit their electronic response before the deadline date and time approaches as posted on the County's Procurement Portal. Allow for a sufficient amount of time for the bid entry/document upload process in order to ensure timely submission.

B. Make sure that all documents are uploaded as soon as possible well in advance of the deadline. The County's Procurement Portal will close promptly at the deadline date and time. All responses must be submitted, not in process, by that time…no exceptions are allowed.

C. Please note the system will accept Google Docs or Google Pages, but they are not readable by the County. DO NOT upload your response using a Google product.

2. 5.2. Overview

The following instructions, terms and conditions apply to all bids or other such offers to provide construction services, services, or goods to Washington County.

3. 5.3. Precedence of Documents

The order of precedence of documents is as follows:

A. Instructions to Bidders

B. Specifications/Scope of Work

C. Pricing Proposal

D. Special Instructions

4. 5.4. Copies of Bid Documents

Documents obtained from sources (such as directly from other bidders) other than www.WashCoPurch.com/biz are not valid solicitation documents. It is the bidder’s responsibility to insure they are listed as an interested party on the County's Procurement Portal website for a particular project in order to receive notification of all addenda as well as additional relevant information.

116198 - Bridge #23952 Railing Retrofit

5. 5.5. Bidder's Requirements

If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should indicate “No Bid” in the column provided for any item on which no price is submitted.

The bidder further agrees to the following:

A. To examine all specifications, instructions, terms and conditions thoroughly.

B. To provide for appropriate insurance, bid guaranties, and performance bonds as required.

C. To comply fully with specifications as attached for the agreed bid and/or contract, especially where materials and work are involved.

D. To clean up all debris and remove debris from the site as specified.

E. All equipment replaced or removed by the bidder shall remain the property of the County unless otherwise noted in the specifications or special instructions.

F. Upon completion of the contract and/or delivery and installation, to pass a good, free and clear title for goods and services rendered to the County. Such goods and services shall be free of all claims, mechanic’s liens, subcontractor judgments and other encumbrances which might cloud the County’s title to said goods and services.

G. That they have met any and all registration requirements where required for contractors as set forth in the Oregon Revised Statutes. As required, bidders shall furnish a valid contractor's license number at the time of bid opening.

H. To accept any claims, liens and demands to indemnify the County and hold harmless the County and preserve the property the entire time of equipment installation and/or contract duration.

6. 5.6. Specification Protest or Suggested Change Process

Delivery: Any protest of the specifications must be delivered to the County in writing no later than seven (7) calendar days prior to the bid closing date, a postmark is not sufficient, as follows:

Specification Protest Bid #:2026.060-ITB Washington County Procurement Division ATTN: Procurement Manager 155 North First Avenue, Suite 270 MS 28 Hillsboro, Oregon 97124-3072

A. Content: A written protest must include:

1. Sufficient information to identify the solicitation that is the subject of the protest;

2. The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;

116198 - Bridge #23952 Railing Retrofit

3. Evidence or supporting documentation that supports the grounds on which the protest is based; and

4. The relief sought; and

5. A statement of the desired changes to solicitation document that the prospective bidder believes will remedy the conditions upon which the prospective bidder based its protest.

B. County Response: The County may reject without consideration a bidder’s protest after the deadline established for submitting protest. The County shall provide notice to the applicable protestor if it entirely rejects a protest. If the County agrees with the protest, in whole or in part, the County shall either issue an addendum reflecting its determination or cancel the solicitation.

C. Extension of Closing: If the County receives a written protest in accordance with this Section the County may extend closing if the County determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document.

D. Judicial review of the County’s decision relating to a specification protest shall be in accordance with ORS 279B.405.

7. 5.7. Licenses/Permits

A. ORS 701.026 and ORS 671.530 require that bidders be licensed with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board prior to the submission of a bid.

1. A contractor licensed under ORS Chapter 701 may bid on a landscaping job or perform a construction project that includes landscape contracting as a portion of the project if the landscape contracting portion is subcontracted to a licensed landscaping business as defined in ORS 671.520.

2. A landscaping business may bid on a job or perform a contract that includes the phase of landscape contracting for which it is not licensed if it employs a licensed landscape contractor, or subcontracts with another landscaping business, licensed for that phase.

3. Failure to be licensed will be sufficient cause to reject bids as “non-responsive.”

B. The contractor shall maintain in effect all licenses, permits and certifications required for the performance of the work. The contractor shall notify the County immediately if any license, permit or certification required for the performance of this contract ceases to be effective for any reason.

8. 5.8. Bid Submission

A. All bids must be submitted through our electronic Procurement Portal.

116198 - Bridge #23952 Railing Retrofit

B. Email, phone, fax and paper bids will not be accepted.

C. It is the responsibility of the bidder to submit electronic bids before the deadline date and time approaches as posted on the County's Procurement Portal.

D. It is the sole responsibility of the bidder to ensure receipt of bids and success of uploaded documents or bid modifications by the County by the specified time.

E. Bidders are required to use the bid forms or tables posted on www.WashCoPurch.com/biz.

F. Please note the system will accept Google Docs or Google Pages, but they are not readable by the County. DO NOT upload your response using a Google product.

9. 5.9. Bid Guaranty Form and Bid Bond

The County has decided that the requirement of Bid Guaranty Form and Bid Bond will be waived for this project.

10. 5.10. Unit Prices

If the bid document includes a schedule of unit prices for labor and materials or other items to establish a cost basis for unforeseen contract changes, Washington County reserves the right to reject, without impairing the balance of the bid, any or all such predetermined unit prices, and negotiate such unit prices during the term of the award.

11. 5.11. Bid Opening

A. All bids received will be publicly opened immediately after the bid closing date and time.

All bidders and other persons who may be interested in this matter are invited to attend online through Microsoft Teams.

B. Bids shall contain all required documents and descriptive literature. The Vendor Questionnaire must be complete in order to submit your response. Any statement accompanying and tending to qualify a bid may cause rejection unless the statement is required or permitted.

C. Microsoft Teams Bid Opening Link

Join Microsoft Teams Meeting

+1 971-337-3439 United States, Portland (Toll)

Conference ID: 522 346 32#

12. 5.12. Performance Bond

A. A performance bond equal to the full contract price to be completed conditioned upon the faithful performance of the contract in accordance with the plans specifications and conditions thereof will be required from the successful bidder. Said performance bond https://www.washcopurch.com/biz https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWJmZjlmNzUtZGQ5NC00MjY1LTk4YzgtZGYzYjJkYzY4NGE0%40thread.v2/0?context=%7b%22Tid%22%3a%2240d27439-4752-4445-a1f9-bb649e5f3042%22%2c%22Oid%22%3a%22e52c78da-3539-4e4f-a9e3-a4a48dcdfd9a%22%7d

116198 - Bridge #23952 Railing Retrofit shall be issued by a company currently licensed to do business in the State of Oregon, drawn in favor of Washington County.

B. Said performance bond shall be delivered to the Contract Administrator prior to the commencement of work and no later than fifteen (15) calendar days after the notification of award of bid.

C. The included performance bond should be used. Other performance bond forms may be accepted at the County’s sole discretion

13. 5.13. Payment Bond

A. A payment bond in an amount equal to the full contract price to be completed, solely for the protection of claimants under ORS 279C.600, will be required from the successful bidder. Said payment bond shall be issued by a company currently licensed to do business in the State of Oregon, drawn in favor of Washington County.

B. Said payment bond shall be delivered to the Contract Administrator prior to the commencement of work and no later than fifteen (15) calendar days after the notification of award of bid.

C. The included payment bond should be used. Other payment bond forms may be accepted at the County’s sole discretion.

14. 5.14. Liquidated Damages

The Contractor agrees that work under this contract shall be completed in accordance with the specified contract time. In the event Contractor fails to complete work within the time as herein mentioned, or in the extended time agreed upon, liquidated damage shall be 'Liquidated Damages Cost.

15. 5.15. Oregon Corporate Activity Tax (“CAT”)

A. In 2019 Oregon adopted a Corporate Activity Tax (“CAT”) applicable to all types of business entities. The legislation accomplishes the following:

1. Establishes a "Fund for Student Success" that is separate and distinct from the state's general fund

2. Adopts a new Corporate Activity Tax (CAT) imposed on all types of business entities

B. The CAT is in addition to the state's current corporate income tax. The CAT is imposed on businesses for the privilege of doing business in this state. It is measured on a business's commercial activity, which is the total amount a business realizes from transactions and activity in Oregon. The CAT is applied to taxable Oregon commercial activity in excess of $1 million. Any costs relating to Oregon’s Corporate Activity Tax will not be reimbursable under Cost of the Work.

116198 - Bridge #23952 Railing Retrofit

16. 5.16. Questions, Interpretations, and Addenda

Enter all questions regarding the meaning or intent of the solicitation into the questions area of the solicitation in www.WashCoPurch.com/biz.

A. Interpretations or clarifications considered necessary in response to such questions will be posted as addenda or in Questions and Answers in the County's Procurement Portal .

Bidders will be solely responsible to check for all addenda or questions and answers, if any, from the Procurement Portal prior to submitting their bid.

B. Questions received afterMonday, July 27, 2026 will not be answered unless the County determines, in its sole discretion, it is in the public’s best interest to do so.

C. Formal addenda and answers to questions posted in the Question and Answer section are made part of this solicitation and will be binding. Oral and other interpretations or clarifications will be without legal effect.

D. Written addenda may also be issued to modify the bid documents at the discretion of the County.

E. Receipt of addenda must be acknowledged on the County's Procurement Portal.

F. All questions pertaining to this bid shall be addressed only through the County's Procurement Portal. Do not contact any other Washington County staff, employee or official regarding this bid. Communication between bidder and any County staff is prohibited from the time the bid is advertised until the award of a contract to the bidder selected by The County.

17. 5.17. Contract Award

The County reserves the right to award this bid based on the following:

Lowest responsive responsible bidder

18. 5.18. Execution of Contract

A. The successful bidder(s) shall within fifteen (15) business days from the date of receiving from the County the contract prepared and ready for execution, furnish the County the corporate performance and payment surety bonds specified herein if required and enter into a contract with the County.

B. If the successful bidder fails to comply with any of the requirements herein, the County may, at its option, determine that the bidder has abandoned the contract and the security accompanying this bid shall be forfeited and the same shall become the property of the County.

C. Successful bidder(s) will be held to all County policies and procedures.

116198 - Bridge #23952 Railing Retrofit

19. 5.19. Substantial Completion

Work to be performed under this contract must be completed by November 30, 2026 or the specified number of days from the date the Notice to Proceed is received by the contractor, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved within the time frame indicated in the construction schedule as submitted by the successful contractor.

20. 5.20. Pre-Construction Meeting

A. Before the contractor begins work, a pre-construction meeting will be held to establish a working understanding among the parties to the Project. Procedures will be established for operations coordination and administrative communications for matters such as submittals, clarifications and interpretations, and change orders, and for processing applications for payment. At this meeting, the contractor shall submit to the County a preliminary work progress schedule, a preliminary submittal schedule and the Contractor Safety Information Form (See Attachment H) for review by the County.

B. The contractor shall submit the Contractor Safety Information Form for safety planning purposes. The County expects that the contractor will abide by all Oregon OSHA requirements and the Contract Documents to provide for the safety of its employees, agents, County employees and the general public. Work performed by subcontractors must be included on the submitted Contractor Safety Information Form. The contractor shall also include applicable company policies, procedures, or plans. Material safety data sheets (MSDS) for chemical products introduced to Washington County shall not be submitted with this information, butinformation but shall accompany the contractor on site and be available to the County upon request.

C. The following information must be submitted at the Pre-Construction Meeting:

1. Detailed schedule, and

2. Contractor Safety Information Form.

21. 5.21. Form of Contract

A. A copy of the County's contract that the County expects the successful firm or individual to execute is attached. The contract will incorporate the terms and conditions from this RFP document, attachments provided, and the successful proposer's response documents.

B. Firms taking exception to any of the contract terms should indicate the same by uploading in the Vendor Submission or their exceptions will be deemed waived.

116198 - Bridge #23952 Railing Retrofit

6. 6. Special Instructions

1. 6.1. Laws and Regulations

A. The bidder shall be familiar with all Federal, State, County and /or City laws and regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the bidder discovers any provision in the specifications or project information, plans or contract documents that is contrary to or inconsistent with any law or regulations, they shall report it to Washington County in writing via the County’s e-Procurement portal .

B. All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for applying for applicable permits and licenses.

2. 6.2. Recycled Materials and Sustainable Products and Processes

A. To the extent practicable and economically feasible, suppliers shall provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient.

B. Examples of such products may include, but are not limited to, products described in U.S.

Environmental Protection Agency (U.S. EPA) guidelines at 40 C.F.R. Parts 247-253, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962. Suppliers shall include this provision in all its subcontracts, with the requirement that it shall flow down to all subcontracts regardless of tier.

C. These efforts must be consistent with maintaining a satisfactory level of competition unless the supplier determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.

3. 6.3. State Provisions for Prevailing Wages (this applies to all public works over $50,000)

A. In compliance with ORS 279C.800 through 279C.870 or the Davis-Bacon Act (40U.S.C.

3141 et seq.) and as part of this bid, the bidder herein agrees and it shall be a condition of their bond that in performing this contract they shall pay and cause to be paid not less than the prevailing rate of wages as of the date of their bid for and to each and every worker who may be employed in and about the performance of this contract. If the

116198 - Bridge #23952 Railing Retrofit public officers who make the contract determine at any time that the prevailing rate of wages has not been or is not being paid as required by the contract, they may retain from the monies due to the contractor an amount sufficient to make up the difference between the wages actually paid and prevailing rate of wages, and they may also cancel the contract.

B. The Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to employees of each contractor, of all sums which the contractor agrees to pay for such services and all moneys and sums which the contractor collected or deducted from the wages of the contractor's employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services. (Reference: ORS 279C.530)

C. When a public works project is subject to ORS 279C.800 to279C.870 and the Davis-Bacon Act (40 U.S.C. 3141 et seq.):

1. Every contractor or subcontractor employing workers on a public works project must pay to such workers no less than the applicable prevailing rate of wage for each trade or occupation, as determined by the Commissioner.

2. If the state prevailing rate of wage is higher than the federal rate of wage, the contractor and every subcontractor shall pay no less than the state prevailing wage rate; and

3. If the federal prevailing rate of wage is higher than the state prevailing rate of wage, the contractor and every subcontractor on the project shall pay no less than the federal prevailing rate of wage as required by the Davis-Bacon Act.

D. If the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person, or the assignee of the person, in connection with the public works contract as such claim becomes due, the proper officer or officers of the public contracting agency may pay such claim and charge the amount of the payment against funds due or to become due the Contractor by reason of the contract (Reference: ORS 279C.570).

E. A person may not be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least time and a half pay:

1. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and time worked on Saturday and on any legal holiday specified in ORS 279C.540.

116198 - Bridge #23952 Railing Retrofit

F. As per rule OAR 839-025-0020 (4) the County incorporates the most current prevailing wage rate publication entitled: Prevailing Wage Rates for Public Works Contracts in Oregon and include any amendments.

These rates can be viewed at the following web site:

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

4. 6.4. Discrimination in Subcontracting

A. A contractor who contracts with a public contracting agency shall not discriminate against minority, women or emerging small business enterprises in the awarding of subcontracts. The contractor shall certify by signing the Certification and Contract Offer that the contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts.

B. The public contracting agency may disqualify any person as a bidder on a public contract if the agency finds that the person has violated this section in a contract between the person and the agency.

C. If the person wishes to appeal the disqualification, the appeal procedure shall be pursuant to ORS 279C.450.

5. 6.5. The Rights of the County

The County expressly reserves the following rights:

A. To waive any irregularities in the bids submitted.

B. To base awards with due regard to price, delivery, compliance with specifications, and other such factors as may be necessary and in the public interest in the circumstances.

C. To make awards to any bidder whose bid, in the opinion of management and the Board, is the lowest responsible bid.

D. To cancel the procurement or reject any or all bids, or selected portions thereof, in accordance with ORS 279B.100. Under no circumstances shall the County be responsible for, nor shall it reimburse, any costs associated providing a bid for this solicitation.

E. To negotiate final contract terms and conditions to the fullest extent allowed by the law and as in the best interests of the County.

Acceptance of an offer is subject to budget approval and budgetary constraints as determined by the County.

6. 6.6. Qualifications of Bidders

A. Qualifications of bidders may be evaluated when determining the award. Bidders may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature.

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

116198 - Bridge #23952 Railing Retrofit

The County reserves the right to investigate references and to consider the past performance of any bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of services on schedule, and its lawful payment of employees and workers whether or not specifically listed by the bidder.

7. 6.7. Low Tie Bids

A. Low tie bids are subject to the Oregon preference as provided by ORS279A.120: “For purposes of awarding a public contract, a contracting agency shall give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal.”

B. Low tie bids that remain after application of the statutory Oregon preference shall be awarded according to the following sequence:

1. Award shall be made by drawing lots among any tied Oregon bidders. Such bidders shall be given notice and an opportunity to be present when lots are drawn.

2. If none of the tied bidders is located in Oregon, award of the contract shall be made by drawing lots among all tied bidders. Such bidders shall be given notice and an opportunity to be present when lots are drawn.

8. 6.8. Award Recommendation / Intent to Award

A Notice of Intent to Award will be posted on the www.WashCoPurch.com/biz web site at least seven (7) days before the award of the contract.

9. 6.9. Bid Files

A completed bid file for each project will be available, by appointment only, for public inspection at the Washington County Procurement Division Office.

10. 6.10. Contract Term

This contract has a substantial completion of November 30, 2026.

Contract term will be through project completion.

11. 6.11. Protest and Judicial Review of Award

A. Purpose. The award by the Washington County Board of Commissioners of the contract shall constitute a final decision of the County to award the contract if no written protest of the award is filed. A bidder may protest the award of a contract, or the intent to award of a contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. A bidder must file a written protest with the County and exhaust all

116198 - Bridge #23952 Railing Retrofit administrative remedies before seeking judicial review of the County's contract award decision.

B. Delivery. A bidder must deliver a written protest to the Washington County Procurement Manager within seven (7) days after issuance of the notice of intent to award the contract. Protests must be physically received by 5:00 PM on the 7th day. A postmark is not sufficient.

C. Content of Protest. A bidder’s written protest shall specify the grounds for the protest to be considered pursuant to ORS 279B.410(2). Bidder may not protest the content of Specifications, nor shall the County consider any such grounds, in an award protest.

Bidders may protest only deviation for laws, rules, regulation or procedures, including procedures set out in the ITB. Protests must specify the grounds for protest including the specific citation or law, rule, regulation, or procedure upon which the protest is based.

D. County Response. The Board or its designee shall not consider a bidder’s contract award protest submitted after the timeline established for submitting such protest has expired per B above. The County shall issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the protest is upheld, in whole or in part, the Board or its designee may in its sole discretion either award the contract to the successful protestor or cancel the procurement or solicitation.

E. Judicial Review. Judicial review of the Board’s or its designee’s decision relating to a contract award protest shall be in accordance with ORS 279B.415.

12. 6.12. Contractor's Responsibility

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

13. 6.13. Performance

Contractor shall perform all services required by this contract within the time specified.

Contractor shall provide all services in accordance with the highest industry standard prevalent in the industry or business most closely related to the construction industry. Unless the means or methods of performing a task are specified elsewhere in the contract, contractor shall employ methods that are generally accepted and used by the industry. Any performance that is found unacceptable will be documented and the contractor will be given written notice to correct the problem within a specified period. If the problem continues beyond the specified period the contractor may be found in breach of this contract, and the contract may be terminated.

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14. 6.14. Non-Performance

In the event of nonperformance under the resulting contract the County will have the right to obtain from other sources such equipment, supplies, and/or services as may be required to fulfill the contract. It is agreed that the difference in cost, if any, for said equipment, supplies and/or services shall be borne by the contractor awarded this contract.

15. 6.15. Drug and Alcohol Testing for Public Works Contracts

Contractor shall demonstrate that an employee drug and alcohol testing program is in place and that the employees who are engaged in the construction, reconstruction or maintenance of a project (all public works projects) that have tested negative for drugs and alcohol or have entered a rehabilitation program. By signing the certification and contract offer the contractor is certifying that they have a program in place. ORS 279C.505(2)

16. 6.16. Guarantee

Contractor agrees to repair any failures due to inferior workmanship and/or materials without additional expense to the County.

17. 6.17. Damage Clause

A. Contractor shall be responsible for renovating, restoring, or otherwise repairing any portion of the County's premises, facilities, or any County owned properties or right-of-ways which are damaged by the contractor and its agents in the case of any work related to its obligation under this contract.

B. Contractor agrees to repair any avoidable damage to existing materials, surfaces and equipment caused during the execution of the work, without additional expense to the County.

18. 6.18. Product Safety

A. In accordance with all applicable laws and generally accepted practices, the contractor will be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.

B. Performance, or other, reviews conducted by the County’s representative are not intended to include review of the adequacy of the contractor’s safety measures in, on, or near the project.

19. 6.19. OSHA

During the performance of this contract, the Contractor is required to comply with the conditions of the Federal Occupational Safety and Health Act of 1972 (OSHA) and the standards

116198 - Bridge #23952 Railing Retrofit and regulations issued there under. The bidder shall further agree to hold the County, its employees, agents, commissioners, and assigns harmless and free from liability for failure to comply with said standards and regulations by the bidder. It shall be the sole responsibility of the bidder to remain familiar with said standards and regulations and maintain their enforcement.

20. 6.20. Hazardous Materials

A. All materials that include solvents, paints, cleaning agents, chemicals, reagents or other hazardous materials shall be labeled in accordance with Oregon law with the name(s) of the hazardous ingredient(s), the hazard(s) of the material(s) and the appropriate precautions. Materials for which toxicological or hazard data are unavailable shall carry a label stating: “Toxicological and other hazards unknown. Handle as extremely hazardous.”

B. Environmentally Preferred Products/Material Safety Data Sheets. Whenever possible, the Contractor should use environmentally preferable products which present a lesser impact to the public health and the environment than competing products. Contractor agrees, upon execution of this contract, to submit a copy of the relevant material safety data sheet(s) for any chemical substance the Contractor will bring on to the County’s premises and use as part of the work described in this contract.

21. 6.21. Patent or Franchise Infringement

The Contractor agrees to protect the County against all claims for patent or franchise infringement arising from the purchase, installation, or use of the material(s) or service(s) ordered from this solicitation, and to assume all expense and damage arising from such claims.

22. 6.22. Assignment to the County

A. By entering into a contract under this solicitation, the contractor irrevocably assigns to Washington County any claim or cause of action which the contractor now has or which may accrue in the future, including, at the option of Washington County, the right to control any such litigation, by reason of any violation of 15 USC 15 §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 are used, in whole or in part, for the purpose of carrying out the contractor's obligations under such contract.

B. Contractor shall require any subcontractor to irrevocably assign to Washington County, as a third party beneficiary, any right, title or interest that has accrued or may accrue to the subcontractor by reason of any violation of 15 USC 15 §1-15, ORS 646.725 or ORS 646.730, including, at the option of Washington County, the right to control 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 this contract.

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C. In connection with this assignment, it is an express obligation of the contractor that it will take no action that any way diminishes the value of the rights conveyed or assigned hereunder to the County. It is an express obligation of the contractor to advise the Office of County Counsel for Washington County:

1. In advance of its intention to commence any action on its own behalf regarding such claims 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 County.

23. 6.23. Purchasing by Contractor

Contractor shall make all purchases in its own name and not in any way attempt to bind the County in Contractor’s contractual agreements. Delivery of goods to County facilities will be at contractor’s own risk and expense.

24. 6.24. Contact Persons

The contractor shall designate one or more person(s) as the contact person for this contract. The contractor should provide to the County the names, addresses and telephone numbers of such person(s) and shall keep this information current at all times.

25. 6.25. Payment

A. Payment shall be made upon submission of invoice and any required supporting documentation after final acceptance of each phase and/or monthly progress payments.

B. Contractor shall invoice the County no later than thirty (30) days following completion of work.

C. The County will pay the invoice within 30 days after approval of the invoice by the contract administrator.

26. 6.26. Public Contracting Statutes

The provisions of Oregon Revised Statutes 279C.500 through 279C.870, Public Contracts, as applicable are incorporated herein by reference. Any bidder accepting a purchase order from the County and/or executing a contract with the County for the delivery of materials and/or services agrees to comply with said provisions.

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27. 6.27. First-Tier Subcontractors Disclosure

A. Pursuant to ORS 279C.370, within two (2) working hours after the date and time of the deadline when bids are due to a contracting agency for a public improvement, a bidder shall submit to the contracting agency a disclosure of the first-tier subcontracts that:

1. Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement contract; and

2. Will have a contract value that is equal to or greater than five percent (5%) of the total project bid, but at least $15,000, or $350,000, regardless of the percentage of the total project bid.

B. For each contract to which this 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 2pm and 5pm.

C. This provision applies only to public improvement contracts with an estimate value of more than $100,000.

D. For each subcontractor listed, the disclosure shall include:

1. The name of the subcontractor and their Construction Contractor’s Board registration number,

2. the category of work the subcontractor will be performing, and

3. the dollar value of the subcontract.

E. If no subcontractors subject to the above disclosure requirements are anticipated, a bidder shall so indicate by entering “NONE”.

F. Bidders may choose to submit the subcontractors list with the bid at the bid closing date and time. Those subcontractor lists submitted after the bid closing shall be uploaded to the County's Procurement Portal, forms delivered via email will not be accepted.

G. Late submissions will be a basis for rejection of the entire bid.

H. After bids have been opened First Tier Subcontractor Forms may be posted to the Procurement Portal along with bid results.

28. 6.28. Bidder Responsibility Form Questions

A. Bidder will complete and submit the Bidder Responsibility Form Questions, signifying electronic signature by the Bidder, that states the qualifications of the firm for accomplishing the specified work with their bid.

B. The Apparent Low Bidder will be sent a link to respond to the Bidder Responsibility Form.

Bidder must respond by the due date which shall be no more than 2 business days after the bid due date. Failure to do so will result in the low bidder being found non-responsive.

C. The Bidder Responsibility Form addresses the following standards of responsibility:

116198 - Bridge #23952 Railing Retrofit

1. Evidence of projects of similar scope undertaken and completed by the bidder for local government agencies within the last five (5) years. Previous project information should include: examples of scope of work similar to this project, the name of the project, the bidder's role on the project (general contractor or subcontractor), the date completed, the project engineer or architect, and the name of the public agency (include the public agency's address, phone number and contact person). To be considered for acceptance a bidder must demonstrate a minimum of three (3) consecutive years' experience in successfully executing work of the types specified.

2. Evidence of a satisfactory record of performance during the last five (5) years;

3. Evidence of sufficient financial, material, equipment, facility and expertise, necessary to meet all contractual responsibilities;

4. Evidence that the key subcontractors, installers and personnel supervisory proposed for this contract are qualified for the type of work specified; and

5. Evidence of a satisfactory record of integrity. A bidder may be determined to lack integrity if the County determines the bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to an agency. The County may find a bidder non- responsive based on the lack of integrity of any entity having influence or control over the bidder (such as a key employee of the bidder that has the authority to significantly influence the bidder's performance of the Contract or a parent company, predecessor or successor entity). The standards for conduct disqualification under Washington County Procurement Rule 30-145(1)(a) may be used to determine a bidder's integrity. Copies of any letters of recommendation or appreciation from other public agencies of previous improvement projects successfully completed by the bidder would be accepted but are not required.

29. 6.29. Permits and Fees

A. The County will pay for any general plan checking fees, the general building permit, and all system development fees required by Code and other regulatory agencies necessary for completion of the project.

B. The Bidder shall obtain and pay for all other necessary permits and licenses (i.e., mechanical, electrical, plumbing, low voltage etc.), except for those specifically excluded, for the construction of the Work, for temporary obstructions, enclosures, opening of streets for pipes, walls, utilities, environmental work, etc. Bidder shall be responsible for all violations of the law, in connection with the construction of the project or caused by obstructing streets, sidewalks or otherwise resulting from its failure to obtain required licenses and permits. Bidder shall give all requisite notices to public authorities. The Bidder shall pay all royalties and license fees.

C. It is the contractor’s responsibility to secure all certificates of inspection and of occupancy as required by the public authority.

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30. 6.30. Uniforms and Identification

While at any County site, all Contractor personnel must wear a uniform with company identification, including company logo, visible to all other personnel in the area. Contractor personnel must maintain a clean and professional appearance at all times while at a County site.

31. 6.31. Invoicing

All invoices will have the name of the County employee…