116310_-_Bridge_#671280_Railing_Repair.pdf

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116310 - BRIDGE #671280 RAILING REPAIR

(NO. 2026.095-ITB)

FOR

Washington County, Oregon

RELEASE DATE: October 5, 2026 DEADLINE FOR QUESTIONS: October 19, 2026

RESPONSE DEADLINE: October 21, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

116310 - Bridge #671280 Railing Repair

1. Introduction

2. Legal Advertisement

3. Scope of Work

4. Pricing Table

5. Instructions to Bidders for ITB

6. Special Instructions

7. Program Compliance Requirements

8. Vendor Questionnaire

Attachments:

A - CONSTRUCTION_AGREEMENT

B - CONSTRUCTION_GENERAL_TERMS

C - 116310 - ATTACHMENT-C-Insurance_Requirements D - 116310 - Bridge 671280 Railing Repair Book 1 Pre Bid E - 116310-Bridge 671280 Railing Repair Book 2 Pre Bid F - 116310 - Bridge #671280 Railing Repair_Plans_Signed G - 116310 - 1.30 First Tier Fillable H - 116310 - 1.10 Signature Page Fillable

116310 - Bridge #671280 Railing Repair

1. 1. Introduction

1. 1.1. Summary

Washington County is seeking bids from qualified contractors. Selected contractor will repair and replace damaged bridge railing and deck components on Bridge #671280 on Stringtown Rd at Gales Creek Crossing . Work includes concrete removal, reinforcing steel installation, and construction of new standard concrete handrail and deck sections per ODOT drawings.

The Work to be done under this Contract includes:

• Removing damaged portions of the existing concrete rail and deck as shown in the Plans.

• Protecting existing deck reinforcement at locations indicated.

• Constructing new concrete deck and standard concrete handrail per applicable ODOT drawings.

• Installing reinforcing steel in accordance with ASTM and AASHTO requirements.

• Providing Temporary Work Access and Containment systems as depicted in the Plans.

• Performing concrete removal, replacement, finishing, and joint construction within the limits shown.

• Implementing temporary traffic control and detour signing per the Plans.

• Completing 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

Release Project Date October 5, 2026

Question Submission Deadline October 19, 2026, 5:00pm mailto:danielle_howard@washingtoncountyor.gov tel:(503)846-8757

116310 - Bridge #671280 Railing Repair

Proposal Submission Deadline October 21, 2026, 2:00pm

116310 - Bridge #671280 Railing Repair

2. 2. Legal Advertisement

1. 2.1. Legal Advertisement

WASHINGTON COUNTY, OREGON INVITATION TO BID 2026.095-ITB

Bid documents may be obtained only through the OpenGov Procurement website, at http://www.washcopurch.com/biz , free of charge. Paper copies of Bid Documents will not be made available for prospective bidders.

Addenda, Plans Holders List, Preliminary Bid Results, and Notice of Intent to Award, will be posted on the OpenGov Procurement website. Addenda will ONLY be made available on the OpenGov Procurement website.

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

Bids for 116310 - Bridge #671280 Railing Repair, will be received electronically via the County's OpenGov Procurement Portal before 2:00 pm on Wednesday, October 21, 2026, after which bids will be opened, and publicly read aloud by qualified Washington County staff via video conference on Microsoft Teams. A link to the meeting will be provided on the OpenGov Procurement website within the Instructions to Bidders section. All interested parties are invited to attend remotely via Microsoft Teams. Bids submitted after the above stated time will not be accepted.

The estimated expenditure for this contract will be $200,000 - $250,000.

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".

Submit questions only in writing on the County's OpenGov Procurement Portal with the Question/Answer feature on the project page.

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

Replies to these questions will be posted on the County portal as well.

PROJECT STAFF WILL ONLY RESPOND TO QUESTIONS SUBMITTED IN WRITING

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.

http://www.washcopurch.com/biz

116310 - Bridge #671280 Railing Repair

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.”

Bidders must meet the following Core Requirement prior to work commencing. Contractors and subcontractors must file a $30,000 public works bond with the Oregon Construction Contractors Board (CCB) for any contract or subcontract worth $100,000 or more.

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. Bidders must complete and submit the First-tier Subcontractors Disclosure Form provided or document that contains the required First Tier Subcontractors Disclosure requirements, either with the bid, or using a separate, linked solicitation on the OpenGov Procurement site. This form shall be submitted no later than two work hours after the time bids are due, per 00120.40(f).

First Tier Subcontractors Disclosure forms submitted via email will not be accepted.

Washington County is an Equal Opportunity and Affirmative Action Employer. The policy of the County is to provide equal opportunity for participation in its contracting activities to all persons and firms in compliance with applicable Federal and State laws, rules, and regulations. Washington County encourages bidding by COBID certified firms and will assist such firms to understand and participate in the formal bidding processes.

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.

ODOT pre qualification is required, 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.

Monday, October 5, 2026

Danielle Howard, Procurement Analyst II danielle_howard@washingtoncountyor.gov

Posted to: Oregon Buys Monday, October 5, 2026

116310 - Bridge #671280 Railing Repair

3. 3. Scope of Work

1. 3.1. Scope of Work and 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 D & E –Project Manuals "Book 1" and "Book 2"

Attachment F – Drawings

2. 3.2. Overview and Purpose

This project will repair and replace damaged bridge railing and deck components on Bridge #671280 on Stringtown Rd at Gales Creek Crossing by removing damaged sections of the existing standard concrete handrail and deck, then constructing new concrete deck and standard concrete handrail in accordance with applicable ODOT Bridge Design Standard drawings. The work will restore the structural integrity of the rail system, protect existing reinforcement where required, and ensure the upgraded railing meets or exceeds original design capacities as shown in the Plans.

3. 3.3. Schedule

00180.50(h) Contract Time - There is one Contract Time on this Project as follows:

The Contractor shall complete all Work to be done under the Contract not later than March 31,

4. 3.4. Unique Considerations

A. 00220.40(f) Limited Duration Road Closure - The Contractor will be permitted to close all traffic lanes on NW Stringtown Road for Bridge Repairs.

1. A single closure of a maximum of 42 consecutive calendar days will be permitted.

B. Contractor must be ODOT prequalified for REIN - (Bridges and Structures)

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

This Project includes removal of the damaged concrete rail and deck in Span 2 of Bridge No.

671280 and construction of a new Standard Concrete Handrail.

A. Work consists of bridge rail and deck demolition, protection of existing reinforcement, placement of new structural concrete (Class 3300), installation of new reinforcing steel (Grade 60), replacement of rail elements per Plan details, and construction joint preparation as shown on ODOT BDS Drawings 114379, 114380 and Drawing 11917.

116310 - Bridge #671280 Railing Repair

B. Provide temporary work access and containment (maximum 30 ft by 6 ft). No work may occur below elevation 199.5. Follow all Special Construction Load Area restrictions, temporary structural loading controls, pedestrian and bicycle accommodation requirements, and detour signing requirements contained in Sections 00220, 00221, 00222, and 00253.

C. Bridge No. 671280 is a three span reinforced concrete deck girder bridge over Gales Creek. Removal and replacement limits total approximately 20 feet of standard concrete handrail.

General Requirements

A. Perform all Work according to the 2024 Oregon Standard Specifications for Construction, as modified by the Project Special Provisions.

B. The Contractor shall furnish all labor, materials, equipment, containment systems, traffic control devices, and incidentals necessary to complete the Work.

C. Environmental protection, documentation, and compliance with regulated work area requirements are mandatory.

Applicable Specifications

A. Applicable Specifications include the 2024 Oregon Standard Specifications for Construction, together with Project Special Provisions Sections: 00210, 00220, 00221, 00222, 00253, 00290, 00501, 00530, 00535, 00540, 00587, 02001, 02050, 02440, 02510, and 02690.

B. All references in the Special Provisions relate to the corresponding Sections of the Standard Specifications unless modified.

116310 - Bridge #671280 Railing Repair

4. 4. Pricing Table

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 EA $37,375.00

TEMPORARY FEATURES AND APPURTENANCES (00200)

2 Mobilization (00210) 1 LS

3 Temporary Work Zone Traffic Control Complete (00221)

1 LS

4 Temporary Work Access and Containment (00253)

1 LS

5 Work Containment Plan (00290) 1 LS

6 Pollution Control Plan (00290) 1 LS

BRIDGES (00500)

7 Bridge Removal Work (00501) 1 LS

8 General Structural Concrete, Class 3300 (00540)

1 LS

9 Standard Concrete Handrail (00587) 1 LS

TOTAL

116310 - Bridge #671280 Railing Repair

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.

5. 5.5. Bidder's Requirements

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. If there is a NO BID column then choosing that option is acceptable.

The bidder further agrees to the following:

116310 - Bridge #671280 Railing Repair

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. Record Drawing

This record drawing (also referred to as As Builts) has been prepared, in part, based upon information furnished by others. While this information is believed to be reliable, Washington County and its Architects/Engineers assume no responsibility for the accuracy of this record drawing or for any errors or omissions that may have been incorporated into it as a result of incorrect information provided or subsequent changes to the building that were not captured.

Those relying on this record document are advised to obtain independent verification of its accuracy.

7. 5.7. 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 #:2026.095-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;

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

116310 - Bridge #671280 Railing Repair

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.

8. 5.8. Licenses/Permits

A. ORS 701.021, 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.

9. 5.9. Bid Guaranty Form and Bid Bond

A. The Bidder must complete and sign the Washington County Bid Guaranty Form provided under "Attachments", upload an electronic copy with their bid, and mail the original by the Bid Opening Date. Bids not accompanied by the Washington County Bid Guaranty Form may be deemed non-responsive and rejected.

OR

A. The Bidder must mail and will attach a copy of a bid security in the form of a certified check, cashier's check, or an irrevocable letter of credit in favor of Washington County, 116310 - Bridge #671280 Railing Repair issued by a company currently licensed to do business in the State of Oregon, in the sum of at least ten (10) percent of the total bid, payable to Washington County, Oregon, which is to be forfeited as liquidated damages in accordance with 00130.60. The original certified check, cashier's check, or letter of credit shall be submitted by mail, or other delivery service.

B. If the successful bidder fails to enter into a contract and furnish a performance and payment bond within fifteen (15) calendar days from the date on which they are notified they are the successful bidder, their check and/or bid bond in the amount thereof may be forfeited to the County as fixed and liquidated damages.

C. After award of the contract by the County Administrator or Board of Commissioners, all bid bonds or checks will be returned (if requested) to bidders except the successful bidder whose bid bond or check will be retained until performance and payment bonds are presented to the County.

10. 5.10. Bid Submission

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

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.

11. 5.11. 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.

12. 5.12. 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 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

116310 - Bridge #671280 Railing Repair

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

Conference ID: 522 346 32#

13. 5.13. 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 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

14. 5.14. 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.

15. 5.15. 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 as outlined in the Project Book 2.

16. 5.16. 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

116310 - Bridge #671280 Railing Repair 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.

17. 5.17. 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 after Monday, October 19, 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.

18. 5.18. Contract Award

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

Lowest responsive responsible bidder

19. 5.19. 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.

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20. 5.20. Substantial Completion

Work to be performed under this contract must be completed no later than March 31, 2027, unless otherwise agreed upon by the County. Work shall begin within 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.

21. 5.21. After Hours Work

The following work must be done after hours (defined as 5pm – 7am):

A. Work that occurs above occupied work or public areas.

B. Work that is noisy, smelly, dusty etc.

C. Work performed at the entrance to the main building or public areas.

D. The contract administrator or authorized representative will work with the contractor to determine what work should be done after hours. After hours work will be determined at the pre-construction meeting.

The contractor may be required to work after hours and weekends. After hours work may become necessary if a conflict in maintaining full access to the buildings arises. Access to the buildings must be maintained at all times.

22. 5.22. 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.

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23. 5.23. 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 document, attachments provided, and the successful 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.

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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 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

116310 - Bridge #671280 Railing Repair 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.

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

As of July 1, 2026 the following has been added to prevailing wage law:

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

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A. Satellite & Off-Site Work: Prevailing wage laws now extend to off-site fabrication and satellite locations. Contract specifications must include a list of potential off-site work, and we must require contractors to provide notice when utilizing these sites.

B. Wage Posting: All applicable wage rate determinations must be posted at both primary and satellite locations.

C. Fee Structure: While the PWR fee remains at 0.1%, public agencies now have the option to pass this fee to third parties or funding awardees in specific scenarios. Please note that the agency retains legal liability for payment. Additionally, the Public Works Fee (PWR) cap rose from $7,500 to $12,500 effective June 5, 2026 (HB 4027 (2026)).

D. Mandatory Contract Clauses: Agencies are required to integrate updated clauses regarding labor protections, overtime thresholds, mandatory written notice to workers, and medical/benefit payment enforcement.

E. Public Works Bond Requirements (OAR 839-025-0015):

F. Core Requirement: Contractors and subcontractors must file a $30,000 public works bond with the Oregon Construction Contractors Board (CCB) for any contract or subcontract worth $100,000 or more.

G. Entity Registration: The name on the bond must exactly match the name registered with the Oregon Corporation Division.

H. Business Changes: Name changes must be reported to the CCB within 30 days. If a business changes its entity type (e.g., from a sole proprietorship to an LLC), a new bond must be purchased; insurance "riders" are not accepted.

I. Compliance for Certified Businesses: If a certified minority, woman, veteran-owned, or emerging small business violates prevailing wage laws, any bond exemptions are revoked, and they must file the standard $30,000 bond.

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. ORS 279A.110

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.

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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

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.

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. Contract Term

This contract has a substantial completion date of March 31, 2027.

Contract term will be through project completion.

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The estimated expenditure for the contract is approximately 100,000 - 150,000. Actual expenditures may be more or less depending on actual requirements.

10. 6.10. 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.

11. 6.11. 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.

12. 6.12. 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 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.

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13. 6.13. 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.

14. 6.14. 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.

15. 6.15. 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.

16. 6.16. 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)

17. 6.17. Guarantee

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

18. 6.18. 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-

116310 - Bridge #671280 Railing Repair 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.

19. 6.19. 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.

20. 6.20. 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 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.

21. 6.21. 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.

22. 6.22. 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.

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23. 6.23. 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…