2023-17 Invitation to Bid Final.pdf

INVITATION TO BID

ITB # 2023-17

Demolition of Miles Fiberglass Building

ISSUE DATE: February 14, 2023

BID DUE DATE AND TIME

March 7, 2023 (2:00 PM, PST)

SUBMITTAL LOCATION:

Clackamas County Procurement Division https://bidlocker.us/a/clackamascounty/BidLocker

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1.0 GENERAL

1.01 SCHEDULE OF EVENTS:

Invitation to Bid Issue Date .............................................................................. February 14, 2023 Protest of Specifications Deadline ................................................................... February 21, 2023 Request for Clarification or Change Deadline ................................................. February 28, 2023 Bid Due Date and Time........................................................................................... March 7, 2023 Deadline for Protest of Award ................................................................ 7 calendar days after date on Notice of Award letter Anticipated Contract Begin Date .................................................................................. April 2023

This Schedule of Events is subject to change. Any changes will be made through the issuance of Written Addenda.

1.02 PRE-BID CONFERENCE:

A Pre-Bid Conference will be held on February 28, 2023 at 10:00 AM the following location: 8855 SE Otty Road, Happy Valley.

1.03 ISSUING OFFICE:

Bidding Documents can be downloaded from OregonBuys at the following address:

https://oregonbuys.gov/bso/view/login/login.xhtml Document No. S-C01010-00005783. Prospective Bidders will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Bidders are responsible for obtaining any Addenda from Website listed above.

The Procurement Division of Clackamas County (“County”) is the issuing office and is the sole point of contact for this Invitation to Bid (“ITB”). All questions regarding this ITB should be directed to the Administrative Contact person identified below:

Name: Tralee Whitley Title: Procurement Analyst Email: TWhitley@clackamas.us

1.04 DEFINITIONS

As used in this ITB, the terms set forth below are defined as follows:

1. "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of the ITB.

2. "Exhibits" means those documents which are attached to and incorporated as part of the ITB.

3. "Bid" means an offer, binding on the Bidder and submitted in response to an Invitation to Bid.

4. "Bidder" means an entity that submits a Bid in response to an ITB.

5. "Bid Due Date and Time" means the date and time specified in the ITB as the deadline for submitting Bids.

6. "Invitation to Bid" or “ITB” means a Solicitation Document for the solicitation of competitive, Written, signed and sealed Bids in which Specifications, price, and delivery (or project completion) are the predominant award criteria.

7. “LCRBR” means the Clackamas County Local Contract Review Board Rules found at:

https://www.clackamas.us/code

8. "Responsible" means an entity that demonstrates their ability to perform satisfactorily under a contract by meeting the applicable standards of responsibility outlined in LCRBR C-047-0500.

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:TWhitley@clackamas.us https://www.clackamas.us/code

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9. "Responsive" means a Bid that has substantially complied in all material respects with the criteria outlined in the ITB.

10. “Written or Writing” means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression intended to represent or convey particular ideas or meanings.

2.0 INTRODUCTION AND BACKGROUND

2.01 INTRODUCTION:

The purpose of this document is to outline general requirements for the removal or demolition of specifically identified structures and/or solid waste materials, including materials classified as “hazardous waste” from real property owned by the Clackamas County Development Agency.

The types of structures and materials to be removed may include a large concrete tilt-up building, asphalt, storage tanks, vegetation, miscellaneous outbuildings and other structures and related debris, including “hazardous wastes” as defined under ORS Chapter 465 and 466.

All debris and wastes shall be removed to an approved recycling facility to the greatest extent practical and/or possible.

Contractors employed by the County shall provide all the equipment, labor and materials necessary to demolish, clear, collect, remove and properly dispose of specific structures and materials under the direction of Clackamas County. All project work ordered by the County shall be completed by the contractor in full compliance with all applicable laws and county specifications, required time frames and other contract terms and conditions. The cost and expense for licenses, permits and other jurisdictional authorities shall be borne by the contractor and made a part of any bid submitted.

2.02 BACKGROUND:

The Clackamas County Development Agency owns a 2.6 acre property that was the former location of Miles Fiberglass. Existing buildings on the property include a large, single story structure, an out building and other smaller structures. The Agency has a desire to prepare this property for potential redevelopment. In order to accomplish this, these dated structures need to be removed.

3.0 SPECIFICATIONS / STATEMENT OF WORK

3.01 REQUIRED SPECIFICATIONS:

In order to qualify as a Responsive Bidder, the Bid needs to meet the required specifications per Exhibit A, attached and hereby incorporated by reference.

3.02 TERMS AND CONDITIONS:

Sample Contract: Submission of a Proposal in response to this ITB indicates Proposer’s willingness to enter into a contract containing substantially the same terms (including insurance requirements) of the sample contract identified below. No action or response to the sample contract is required under this ITB. This ITB and all supplemental information in response to this ITB will be a binding part of the final contract.

The applicable Sample Public Improvement Contract. Inclusive of County General Conditions dated October, 13, 2021

4.0 BIDDER QUALIFICATIONS

4.01 MINIMUM QUALIFICATIONS:

In order to qualify as a Responsive Bidder, the Bidder needs to meet the minimum qualifications below:

N/A

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5.0 REQUIRED SUBMITTALS

5.01 SUBMISSION OF BID AND QUANTITY:

Bids will only be accepted electronically thru a secure online bid submission service, Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum. LATE PROPOSALS

WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

5.02 REQUIRED SUBMITTALS:

It is the Bidder’s sole responsibility to submit information in fulfillment of the requirements of this ITB.

If pertinent information or required submittals are not included within the Bid, it may cause the Bid to be rejected.

Bidders should submit the following information:

• Description of how the goods or services offered specifically meet the required specifications described in Exhibit A.

• Exhibit B, Certifications, fully completed.

• Exhibit C, Bid Price Form, fully completed.

6.0 EVALUATION AND AWARD

6.01 EVALUATION:

Bids will be evaluated to determine the lowest Responsive Responsible Bidder based upon the ITB, Exhibits and Addenda. County may engage in any of the processes identified in the applicable LCRBR to determine the Contract award.

6.02 BEST AND FINAL OFFER:

In accordance with LCRBR C-047-0261, the County may request best and final offers from those Bidders determined by County to be reasonably viable for contract award. However, County reserves the right to award a contract on the basis of initial bid received. Therefore, each bid should contain the Bidder’s best terms from a price and technical standpoint. Following evaluation of the best and final offers, County may select for final contract negotiations/execution the offers that are most advantageous to County, considering cost and the evaluation criteria in this ITB.

6.03 INTERGOVERNMENTAL COOPERATIVE PROCUREMENT STATEMENT:

Pursuant to ORS 279A and LCRBR, other public agencies shall have the ability to purchase the awarded goods and services from the awarded contractor(s) under terms and conditions of the resultant contract. Any such purchases shall be between the contractor and the participating public agency and shall not impact the contactor’s obligation to County. Any estimated purchase volumes listed herein do not include other public agencies and County makes no guarantee as to their participation. Any proposer, by written notification included with their proposal, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. County grants to any and all public serving governmental agencies, authorization to purchase equivalent services or products described https://www.clackamas.us/how-to-bid-on-county-projects

Rev 11/2016 Page | 2 herein at the same submitted unit bid price, but only with the consent of the contractor awarded the contract by the County.

6.04 INVESTIGATION OF REFERENCES:

County reserves the right to investigate and to consider the references and the past performance of any Bidder with respect to such things as its performance or provision of similar goods or services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. County further reserves the right to consider past performance, historical information and facts, whether gained from the Bid, interviews, references, County or any other source.

County may postpone the award or execution of the Contract after the announcement of the notice of intent to award in order to complete its investigation.

7.0 INSTRUCTIONS TO BIDDERS

7.01 APPLICABLE STATUTES AND RULES:

This ITB is subject to the applicable provisions and requirements of the Oregon Revised Statutes, and the LCRBR.

7.02 MANUFACTURER’S NAMES AND APPROVED EQUIVALENT:

Unless qualified by the provision "NO SUBSTITUTE" any manufacturers' names, trade name, brand names, information and/or catalogue numbers listed in a specification are for information and not intended to limit competition. Bidders may offer any brand for which they are an authorized representative, which meets or exceeds the specification for any item(s). If Bids are based on equivalent products, indicate in the Bid form the manufacturers' name and number. Bidders shall submit with their Bid, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous Bid will not satisfy this provision. Bidders shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids, which do not comply with these requirements, are subject to rejection. Bids lacking any written indication of intent to provide an alternate brand will be received and considered in complete compliance with the specification as listed in the ITB.

7.03 REQUEST FOR CLARIFICATION OR CHANGE:

Requests for clarification or change of the ITB must be in Writing and received by the issuing office no later than the Request for Clarification or Change Deadline as specified in the Schedule of Events. Such requests for clarification or change must include the reason for the Bidder’s request. County Tech will consider all timely requests and, if acceptable to County, amend the ITB by issuing an Addendum. An Addendum will be posted on OregonBuys. Envelopes or e-mails containing requests should be clearly marked as a Request for Clarification or Change and include the ITB Number and Title.

7.04 PROTESTS OF THE BID/SPECIFICATIONS:

Protests must be in accordance with LCRBR C-047-0730. Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule of Events, or within three (3) business days of issuance of any addendum, at the Procurement Services Division address listed in Section 1 of this ITB. Protests may not be faxed. Protests of the ITB specifications must include the reason for the protest and any proposed changes to the requirements.

7.05 ADDENDA:

If any part of this ITB is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to

Rev 11/2016 Page | 3 regularly check projects OregonBuys listing for any published Addenda or response to clarifying questions.

7.06 PREPARING AND SIGNATURE:

All Required Submittals must be Written and signed by an authorized representative with authority to bind the Bidder. Signature certifies that the Bidder has read, fully understands, and agrees to be bound by the ITB and all Exhibits and Addenda to the ITB.

7.07 PUBLIC RECORD:

Upon completion of the ITB process, information in your Bid will become subject records under the Oregon Public Records Law. Only those items considered a “trade secret” under ORS 192.501(2), may be exempt from disclosure. If a Bid contains what the Bidder considers a “trade secret” the Bidder must mark each sheet of information as such. Only bona fide trade secrets may be exempt and only if public interest does not require disclosure.

7.08 MODIFICATION:

Prior to submittal, Bidders should initial modifications or erasures in ink by the person signing the Bid.

After submittal but prior to the Bid Due Date and Time, Bids may be modified by submitting a Written notice indicating the modifications and a statement that the modification amends and supersedes the prior Bid. After the Bid Due Date and Time, Bidders may not modify their Bid.

7.09 WITHDRAWLS:

A Bidder may withdraw their Bid by submitting a Written notice to the issuing office identified in this ITB prior to the Bid Due Date and Time. The Written notice must be on the Bidder’s letterhead and signed by an authorized representative of the Bidder. The Bidder, or authorized representative of the Bidder, may also withdraw their Bid in person prior to the Bid Due Date and Time, upon presentation of appropriate identification and evidence of authority to withdraw the Bid satisfactory to County.

7.10 LATE SUBMITTALS:

Bids and Written notices of modification or withdrawal must be received no later than the Bid Due Date and Time. County may not accept or consider late Bids, modifications, or withdrawals except as permitted in LCRBR C-047-0330(6).

7.11 BID OPENING:

Bids will be opened immediately following the Bid Due Date and Time at the Submittal Location.

Bidder may attend the Bid opening. Only the names of the Bidders submitting Bids and base bid price will be announced. No other information regarding the content of the Bids will be available. The base bid results will be posted to OregonBuys.

7.12 BIDS ARE OFFERS:

The Bid is the Bidder’s offer to enter into a contract pursuant to the terms and conditions specified in the ITB, its Exhibits, and Addenda. The offer is binding on the Bidder for one hundred twenty (120) days. County’s award of the Contract constitutes acceptance of the offer and binds the Bidder. The Bid must be a complete offer and fully Responsive to the ITB.

7.13 CONTINGENT BIDS:

Bidder shall not make its Bid contingent upon County’s acceptance of specifications or contract terms that conflict with or are in addition to those in the ITB, its Exhibits, or Addenda.

7.14 RIGHT TO REJECT:

County may reject, in whole or in part, any Bid not in compliance with the ITB, Exhibits, or Addenda, if upon County’s Written finding that it is in the public interest to do so. County may reject all Bids for

Rev 11/2016 Page | 4 good cause, if upon County’s Written finding that it is in the public interest to do so. Notification of rejection of all Bids, along with the good cause justification and finding of public interest, will be sent to all who submitted a Bid.

7.15 AWARDS:

County reserves the right to make award(s) by individual item, group of items, all or none, or any combination thereof. County reserves the right to delete any item from the award when deemed to be in the best interest of County.

7.16 LEGAL SUFFICIENCY REVIEW:

Prior to execution of any Contract resulting from this ITB, the Contract may be reviewed for legal sufficiency by a qualified attorney for County pursuant to the applicable Oregon Revised Statutes and County Policy. Legal sufficiency review may result in changes to the terms and conditions specified in the ITB, Exhibits, and Addenda.

7.17 BID RESULTS:

A notice of intent to award containing the Bid results will be issued to all Bidders and posted to OregonBuys. The Bid file will be available for Bidder’s review during the protest period at the Procurement Division. Bidders must make an appointment with the issuing office to view the Bid file.

After the protest period, the file will be available by making a Public Records Request to County through the Procurement Division.

7.18 BID PREPARATION COST:

County is not liable for costs incurred by the Bidder during the ITB process.

7.19 BID CANCELLATION:

If an ITB is cancelled prior to the Bid Due Date and Time, all Bids that may have already been received will be returned to the Bidders. If an ITB is cancelled after the Bid Due Date and Time or all Bids are rejected, the Bids received will be retained and become part of County’s permanent Bid file.

7.20 COLLUSION:

By responding, the Proposer states that the proposal is not made in connection with any competing Proposer submitting a separate response to the ITB, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

7.21 NONDISCRIMINATION;

The successful proposer agrees that, in performing the work called for by this ITB and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

7.22 PROTEST OF CONTRACTOR SELECTION, CONTRACT AWARD:

An eligible Bidder who feels adversely affected or aggrieved may submit a protest within seven (7) calendar days after County issues a notice of intent to award a Contract. The protest must be clearly identified as a protest, identify the type and nature of the protest, and include the ITB number and title.

The rules governing protests are at LCRBR C-047-0740.

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EXHIBIT A

REQUIRED SPECIFICATIONS

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JOB LOCATION

8855 SE Otty Road, Happy Valley, Oregon

COUNTY’S RESPONSIBILITY

It shall be understood that work to be performed by the Contractor is based upon the specified structures, in their existing location and condition, and that the County assumes no responsibility and makes no guarantee or representation as to the condition therof, prior to, or subsequent to, the execution of the contract, disposal agreement or purchase order. The County also accepts no liability for protection of improvements identified for removal and/or disposal after the agreement has been executed.

PERMITS

Government Permits- The contractor is responsible for acquiring, at the contractor’s own expense, all required government licenses and permits prior to beginning work on these projects. Copies of these government licenses and permits, as well as required dumping receipts, utility work orders and other necessary documentation will be provided to Clackamas County for verification and retention prior to the County’s payment of the contractor’s invoice and commencement of work.

Demolition Permits-The contractor is responsible for contacting the County Building Department for any demolition permits which may be required. Demolition permit copies shall be submitted to the County for verification and retention.

Moving or Highway Permits- The execution of an agreement or purchase order for structure, mobile home or trailer house disposal or a bill of sale from the County shall not be construed to imply or carry with it any right or permission to move the structure or trailer, across or along any highway, road or street. If such a move is necessary, proper application for a permit to cover said work shall be made by the jurisdiction to issue moving permits. Copies of all moving or transportation permits shall be submitted to the County.

PROJECT COMPLETION:

All specified project work shall be completed no later than the project completion date as specified on the project schedule. The completion date shall be 60 days after the Notice to Proceed.

Removal and proper disposal of specified structures and/or other materials from work sites will not be considered completed or accepted as long as any portion of the structures or other materials identified to be removed remains on the property.

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DEFAULT

If the contractor fails to complete the demolition, collection, clearing, removal and/or disposal work within the time frame specified, the County may, at its discretion, declare the contractor to be in default. This will result in the forfeiture of any and all rights and equities in any structure covered by the purchase order or contract. In addition, all materials/fixtures salvaged, or to be salvaged therefrom, and title to said structures and/or materials and fixtures shall revest in the County to resell or otherwise dispose of same as the County may deem expedient.

DEBRIS AND WASTE MANAGEMENT DISPOSAL

All demolition debris, vegetation, and/or other debris and waste materials removed for disposal from the work site shall be disposed of at a DEQ permitted disposal facility with copies of disposal receipts furnished to the County. The contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective (ORS 279.313).

No refuse is to be burned on-site.

HAZARDOUS WASTE MATERIALS

The disposal of hazardous waste materials may be a part of the project work contemplated under this set of requirements. The disposal of waste materials classified as hazardous under ORS chapter 465 and 466 will be handled and disposed of in accordance with Oregon State DEQ requirements.

Hazardous materials that must be disposed of by the contractor at an approved DEQ site include needles (“sharps”), asbestos, and hazardous wastes (motor vehicle fluids, paints, aerosols, batteries, etc.).

Any containers of suspect liquids (i.e. motor oil, diesel, paint, solvents, etc.) should be treated as hazardous waste and disposed of accordingly.

ASBESTOS REMOVAL

The contractor or subcontractor must be licensed under ORS 468A.720. The complete asbestos abatement requirements may be found under ORS468A.700 through 468A.760.

UTILITIES

Prior to commencing with the dismantling, demolition or removal of a structure or outbuilding, the contractor shall be responsible for contacting the appropriate utility company or public agency for the disconnection of utility services. Copies of work orders or disconnect completion notices from appropriate utilities shall be submitted to the County.

Where applicable, the contractor shall fill the excavated site to the level of the adjoining grade, and cap and seal any openings leading to sewer, septic system, water, oil tanks, and gas mains to the satisfaction of utility and/or government jurisdictions.

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ITEMS LEFT ON SITE:

All improvements, vegetation, structures, items and/or materials at the work site which are not specifically identified for removal and disposal shall be left in place by the contractor or relocated on the work site as specified by the County.

TRAFFIC CONTROL AND SAFETY

The work site property shall be cordoned off with temporary chain link construction fencing at all times. It will be necessary to submit a worksite traffic control plan to the County Project Manager for approval at least forty-eight hours before work is scheduled to begin.

JOB DESCRIPTION

Contractor shall perform the following:

a. Ensure total and complete removal of all solid waste inside and outside of identified structures that are located on the subject property to an authorized disposal facility and submit copies of disposal receipts to the County.

b. Keep all hazardous materials to include solvents and all petroleum based products on site and protect such hazardous materials from spilling or leaking during the course of the contract until the contractor can dispose of these products in a manner consistent with DEQ rules for collecting and disposing of hazardous materials.

c. Demolish all structures on the subject property to include the large building plus any accessory or outbuildings. The foundation shall be removed and the area graded to a maximum of a 2:1 (horizontal:vertical) slope

d. Be responsible for acquiring all demolition permits from Clackamas County Building

Services and provide a copy of said permits to the County.

e. Contact appropriate utility agencies to disconnect services. Power service may remain on during job performance if required. Copies of all requests and/or work orders relative to utility disconnect will be provided to the County.

f. All areas disturbed by removal and or demolition shall be seeded with a fast germinating grass seed. In addition, all disturbed areas shall be covered with straw mulch.

g. Complete all work no later than the date set out and commence work only after receipt of Notice to Proceed from Clackamas County.

h. Keep all debris off of adjacent properties and road right-of-ways during the execution of this contract.

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i. Not allow anyone onto the subject property during this project except for himself, his employees or agents, personnel from utility services to disconnect services, or County staff or agents.

j. Board up or otherwise restrict access into the existing buildings at the earliest possible opportunity and at the end of each workday until demolition of said structure is completed.

k. Keep dirt and mud off of roadways in accordance with County road ordinances.

n. Protect existing street trees, landscaping, sidewalks and curbs along all streets adjacent to the subject property. Any damaged items caused as a result of the contractor’s work will be repaired and/or replaced by the contractor at their own expense.

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EXHIBIT B - CERTIFICATIONS

ITB #2023-17

By signature on this certification the undersigned certifies that they are authorized to act on behalf of the Bidder and that under penalty of perjury the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS

The undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Bidder and that Bidder is, to the best of the undersigned’s knowledge, not in violation of any Oregon Tax Laws.

For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to

320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620.

SECTION II. AFFIRMATIVE ACTION

The undersigned hereby certifies that they have not discriminated against Minority, Women or Emerging Small Business Enterprises in obtaining any required subcontracts, pursuant to ORS 279A110.

SECTION III. COMPLIANCE WITH SOLICITATION

The undersigned agrees and certifies that they:

1. Have read, fully understands and agrees to be bound by the Invitation to Bid and all Exhibits and Addenda to the Invitation to Bid;

2. Are an authorized representative of the Bidder, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Bid or Contract termination;

3. Will use recyclable products, unless prohibited in this ITB, to the maximum extent economically feasible in the performance of a contract if awarded.

4. Will furnish the designated item(s) and/or service(s) in accordance with the Invitation to Bid and the

Contract; and

Resident Bidder, as defined in ORS 279A.120: Oregon Business Registry #:_________________________ Non-Resident Bidder, Resident State: _______________________________________________________

Company Legal Business Name (No DBA/ABN):____________________________________________________

Authorized Signature:__________________________ Date:_______________________________________

Name (Type or Print):__________________________ Telephone:(____)_____________________________

Title:_______________________________________ Email:______________________________________

Address, City, State, Zip:_____________________________________________________________________

Oregon CCB# (if applicable):____________________ Business Designation (check one):

Corporation Partnership LLC Sole Proprietorship Non-Profit Minority Owned Women Owned Emerging Small Business

Oregon MWESB Certification Number:_______________________ Self-Identified Minority, Women or Emerging Small Business: Yes No

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EXHIBIT C - BID PRICE FORM

ITB #2023-17

Bid pricing response must be FOB Destination and include all taxes, tariffs, and delivery costs.

ITB: 2023-17 Date:

FOR THE LUMP SUM TOTAL: $

Company: _____________________________________________________________________

Address, City, State, Zip: _________________________________________________________

Contact Name: Telephone:________________________________________________________

Contact Title:___________________________ Email: _____________________________

By:______________________________________ Title:_______________________________ (Authorized Signature)