2025-72 ITB Wild Trout 3 Final.pdf

INVITATION TO BID

ITB # 2025-72

Wild Trout - Timber Sale- Unit #3

ISSUE DATE: October 7, 2025

Tralee Whitley Analyst

BID DUE DATE AND TIME

November 5, 2025 (2:00 PM, PST)

SUBMITTAL LOCATION:

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

Rev 02/2023 Page | 1

1.0 GENERAL

1.01 SCHEDULE OF EVENTS:

Invitation to Bid Issue Date .................................................................................. October 7, 2025 Protest of Specifications Deadline ..................................................................... October 14, 2025 Request for Clarification or Change Deadline ................................................... October 29, 2025 Bid Due Date and Time ..................................................................................... November 5, 2025 Deadline for Protest of Award ................................................................ 7 calendar days after date on Notice of Award letter

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

1.02 ISSUING OFFICE:

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

https://oregonbuys.gov/bso/view/login/login.xhtml Document No. S-C01010-00015097. 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 Telephone: (503) 742-5453 Email: TWhiltey@clackamas.us

1.03 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.

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.

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

2.0 INTRODUCTION AND BACKGROUND

2.01 INTRODUCTION:

The County is selling approximately 1.375 million board feet (MMBF) of timber (1,040 MBF Douglas-fir, 310 MBF white wood, 25 MBF of cedar). The timber is located in the County’s Wildcat Forest tract approximately 14 miles east of Sandy, Oregon.

2.02 BACKGROUND: The timber is generally 75 to 95 years old. It was commercially thinned about 35 years ago. There is still evidence in the area of when the original stand of timber was removed in the early 1920’s.

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 Bid in response to this ITB indicates Bidder’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 Timber Sale Contract attached as Exhibit H for reference.

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:

• Oregon Professional Loggers Certification required for the logger that will be performing the harvest work.

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.

https://www.clackamas.us/how-to-bid-on-county-projects

Rev 02/2023 Page | 1

Bidders should submit the following information:

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

• Detailed information about how the Bidder meets the minimum qualifications detailed in

Section 4.

• Exhibit B, Certifications, fully completed.

• Exhibit C, Bid Price Form, fully completed.

• Exhibit D, Bid Bond

6.0 EVALUATION AND AWARD

6.01 EVALUATION:

Bids will be evaluated to determine the Highest Responsible Bidder based upon the ITB, Exhibits and Addenda. The County reserves the right to determine which bid is the highest and most advantageous to the County, as determined by the County in its sole discretion. The County reserves the right to reject any and all bids not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any and all bids upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest.

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 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 of ORS 275.340.

7.02 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.

Rev 02/2023 Page | 2

7.03 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 regularly check projects OregonBuys listing for any published Addenda or response to clarifying questions.

7.04 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.

7.05 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.

7.06 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.

7.07 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.

7.08 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).

7.09 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.

7.10 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.

7.11 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.

Rev 02/2023 Page | 3

7.12 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 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.

7.13 AWARDS:

County reserves the right to make award to the Bidder that is the highest and most advantageous to the County, as determined by the County in its sole discretion. County reserves the right to delete any item from the award when deemed to be in the best interest of County.

7.14 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.

7.15 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.

7.16 BID PREPARATION COST:

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

7.17 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.

7.18 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.

7.19 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.

7.20 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.

Rev 02/2023 Page | 4

EXHIBIT A

REQUIRED SPECIFICATIONS

The Clackamas County Forester will accept sealed bids for certain designated timber.

Sale Number: _______ Sale Name: Wild-Trout Timber Sale Unit #3

Located in: Section 18, T. 3 S., R. 6 E., W.M.

BID SPECIES Minimum Price

Douglas-fir 1,040 MBF $ 498.59 per MBF Hemlock/White wood 310 MBF $ 173.59 per MBF

NO BID SPECIES (non-negotiable)

Western Red Cedar 25 MBF $ 1,098.59 per MBF Utility Negligible $ 50.00 per MBF gross Pulp Negligible $ 5.00 per ton

How to Bid: Price per MBF for Douglas-fir and Hemlock/White wood. Price for no-bid species will remain as shown. High bid will be based on the bid price per each bid species times the estimated volume for that species. Total contract bid price will include prices for all species.

Bid Deposit: 10% (to the nearest $1,000.00), of the total purchase price, based on the total price of all species according to the County cruise due at submittal.

Bond: 20% (to the nearest $1,000.00), of the total purchase price, based on the total price of all species according to the County cruise.

Project Work: Where possible, slash accumulations will be loader piled after the harvest. One access road approximately 1,275 feet will need to be constructed to tie the Wildcat county road to the Wild Trout unit #3. Location is marked with clearing limits orange paint and ribbons) and rock size and amounts to be approved by County. Maintenance of 7,680 feet of road will consist of brushing, spot rocking where needed and grading.

Yarding and Logging Requirements: Approximately 27.75 acres are in the sale. The area is mostly flat terrain of 0%-20% slopes with a some short, moderately steep pitches on the northern edge ranging from 25%-45%. Shovel logging is required in the flats. The trees are 65 to 95 years old. All acreages and ages are an estimate and Purchaser should make its own determination.

Purchaser shall prepare a logging plan for County approval that shows landing locations, type of logging and any road construction needed. Purchaser shall prepare a road use and maintenance plan addressing noise, dust, mud, rutting, potholes and safety which is satisfactory to the County. A major

Rev 02/2023 Page | 5 purpose of this plan is to minimize inconvenience to neighbors on Wildcat Mountain Drive and to protect County resources. Hauling hours are limited to 5 AM to 9 PM and on weekdays only. Friday hauling must stop by 6 PM. Weekend hauling is not allowed.

Make sure that checks or money orders for bid deposits are made payable to “Clackamas County”.

The deposits are considered as evidence of good faith. The high bidder’s deposit is applied to the first sale payment or retained as liquid damages in case of failure to qualify under terms of the contract within 30 days after sale award. The second highest bidder’s deposit may be held for up to 30 days or until the high bidder returns a signed contract with the appropriate deposits, whichever happens sooner.

Other deposits are returned.

If you are the successful bidder, the County Forester will send you a “Notice of Sale Award” and a contract shortly after the bid closes and the protest period has ended. To qualify for the sale, you must return three (3) copies of the contract with the proper signatures and also submit an insurance certificate and performance bond as specified in the contract, all within 30 days of the award notice.

No operations are permitted on the sale area before the bond and insurance are accepted, and Clackamas County executes the Contract. Operations outside the season stated in the contract may be permitted if, in the sole opinion of County, the purchaser offers a plan to do so that addresses County’s concerns about wet weather operations.

Clackamas County makes no guarantee as to the quantity, quality or value of the timber to be sold; it also reserves the right to waive minor technicalities and the right to reject any or all bids.

Rev 02/2023 Page | 6

NARRATIVE ROUTE TO Unit #3

“WILD-TROUT TIMBER SALE”

This sale is located southeast of Sandy, Oregon and northeast of the Eagle Creek community. Access to the area is from Wildcat Mountain Drive, a public road. From Hwy 224, take the Eagle Creek turn on to Wildcat Mountain Drive and go east 11.25 miles to Hope Lake. Follow Wildcat Mountain Drive an additional mile and a half and there will be a White gate on the left side of the road. The combination to the gate is 1961. The lock is sticky so make sure the combination is set precisely and pull the lock hard to open. Proceed up the road with the gate until you come to fork in the road. Take the left fork and follow the main flow to the end. At the end you will be on the lower part of Unit #3.

The road to access the new construction is about half a mile before unit #3. To access the north section of the new Construction tie road; proceed up Wildcat Road another mile and a half from the Weyerhaeuser white gate until you reach an Orange gate on the right. The combination will be the same – 1961. All haul will travel over the new section of road through Clackamas County timber lands the pave Wildcat road.

See Exhibit “E” “F” and “G”, Wild-Trout Timber Harvest – Unit #3, for maps of the timber sale

The harvest unit boundaries are marked with pink ribbons and either white Timber Sale Boundary tags, or red Property Boundary tags. Orange painted trees are reserved and shall not be cut. The trees to be harvested are not individually marked.

Prospective PURCHASER'S are strongly advised to review a copy of the CONTRACT for timber sale #2025-72, which is attached for reference as Exhibit H.

YARDING EQUIPMENT: PURCHASER should use ground-based logging techniques. Rubber tired skidders will not be allowed in the wet winter/fall/spring times. Prior approval must be obtained from the County Forester before rubber tired skidders are allowed.

This timber sale is one Unit. Unit #3 is about 28 acres. The trees are 65-95 years old. Snags and large tress will be left in or around the harvest unit as habitat for tree cavity dwellers and raptors. A buffer of at least 50 – 110 feet wide will be left along the unit boundaries to protect the North Fork Eagle creek area.

Flatter ground may be shovel logged but not tractor logged unless pre-approval is made in writing by the County Forester. Tractors/skidders can be used as forwarders so long as they do not do excessive damage. Operations during the wet season will be allowed if PURCHASER can provide a plan to log without significant soil damage and it is pre-approved in writing by the County Forester. Slash in shovel logged areas must be loader-piled. Piles shall be tall, narrow and few in number with little dirt.

Piles should not be done in the rain or when slash is very wet, and be reasonably far away from reserved trees and property lines. Slash treatment is not required in steep (45+%) areas. The new construction of the tie road must be done when the weather allows for the soil to be compacted and the new rock does not sink into the subgrade. Written approval from the County Forester must be obtained before any new construction is to be done. The clearing limits for the new construction will be marked by either orange paint or ribbon. The stumps and brush from the new construction clearing limits must be placed in the clearing limits or in a natural pocket that does not contain trees. The P-line will be marked with a black and pink striped ribbon. The complete rocked road surface shall be a minimum of 12 feet with extra width for curve widening.

Log Branding and Marking Requirements

A. All County timber originating from County timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size

Rev 02/2023 Page | 7 or condition of the wood, one end of all logs originating from County timber sales shall be hammer branded and shall be painted with a paint type and color determined by the County Forester.

B. If properly marked County timber is subdivided into smaller pieces for any other purpose than immediate processing, each piece must be branded with a County brand specifically used for this purpose and signifying the unprocessed timber is County timber ineligible for export.

The County Forester’s export restriction branding hammers will be obtained from the County Forester, at the beginning of the harvest and will be returned to the County immediately after the harvest is completed.

PAYMENT SCHEDULE: Logging progress payments shall be made by PURCHASER for timber removed under this contract in a manner that maintains at all times a 20 percent reserve until the bid price is paid. Logging progress payments will be determined by scale reports as required in Section 47 of the Contract, or as determined by the County Forester.

Regardless of logging progress, the following payment schedule shall be met:

(a). $100,000 of the bid price must be paid at the time of contract signing. The bid deposit shall apply to this payment if it is Cash.

(b). An additional $150,000 (balance of the bid deposit) must be paid by June 30, 2026 even if the logging has not started.

(c). (50%) of bid price including any logging progress payments must be paid by 45 days after harvest activities begins.

(d). An additional thirty percent (30%) of bid price including any logging progress payments must be paid when 50% of the volume is harvested.

(e). The total bid price based on delivered volumes shall be paid with 45 days when the last load is shipped or by the County cruise if the sale is not completed by June 30, 2027.

PAYMENT AND PERFORMANCE BOND REQUIREMENTS: PURCHASER shall furnish County with a performance bond in the amount of 20% (to nearest $1,000) of the total purchase price, based on the total price of all species according to the COUNTY cruise. Bond may be in Cash (to be held by the County Treasurer), assignable savings account, irrevocable letters of credit, other securities determined acceptable by the County, or surety bond written by a surety company authorized to do business in the State of Oregon.

FEDERAL LAW CONCERNING LOG EXPORTS: The federal Forest Resource Conservation and Shortage Relief Act of 1990 applies to Clackamas County timber sales. The export of unprocessed timber from County land is prohibited pursuant to the CLACKAMAS COUNTY LOG EXPORT ORDINANCE, Board Order #92-484. Bidders must comply with the provisions of the CLACKAMAS COUNTY LOG EXPORT ORDINANCE in disposing of timber from this sale.

COUNTY CODE CONCERNING TIMBER SALE CONTRACTS: County Code 2.06 Export of unprocessed timber from lands owned or managed by Clackamas County applies to all Clackamas County timber sales.

2.06.020 Criteria for Eligibility to Bid on County Timber Sale Contracts A. In addition to all other requirements of law, any person submitting a bid for the purchase of

County timber must certify, in a form and manner specified by the County Forester, that:

1. The person will not export directly or indirectly unprocessed County timber;

2. The person has not exported directly or indirectly unprocessed timber originating from County lands in Oregon since September 10, 1990, except to meet contractual obligations made prior to September 10, 1990; and

Rev 02/2023 Page | 8

3. The person will not sell, transfer, exchange or otherwise convey unprocessed County timber to any other person without obtaining a certification from the person that meets the reporting requirements below.

B. In addition to all other requirements of law, a persons previously not eligible to bid for County timber under subsection A of this section may bid for County timber if the person certifies in a form and manner specified by the County Forester that:

1. The person will not directly or indirectly export unprocessed County timber; and

2. Unless exempted by paragraph 3 below, the person has not exported unprocessed timber from County lands for a period of not less than 24 months prior to the date of submission of the bid; and

3. The person will not sell, transfer, exchange or otherwise convey unprocessed County timber to any other person without obtaining a certification from the person that meets the reporting requirements below.

[Codified by Ord. 05-2000, 7/13/00]

2.06.030 Prohibition of Indirect Substitution

A. In addition to all other requirements of law, no person who is prohibited from purchasing County timber directly from the County may purchase County timber from any other person.

B. Acquisitions of Western Red Cedar, which are domestically processed into finished products to be sold into domestic or international markets, are exempt from this prohibition.

2.06.040 Prohibition of Export of County Timber

All unprocessed timber, as defined in 2.06.010 above, which originates from County lands, may not be exported.

[Codified by Ord. 05-2000, 7/13/00]

2.06.050 Surplus Timber

The prohibitions against export contained in this chapter shall not apply to specific quantities of grades and species of unprocessed timber originating from County land which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States.

[Codified by Ord. 05-2000, 7/13/00]

2.06.060 Reporting Requirements

A. Before the Board of County Commissioners executes a timber sale contract or the County in any other manner sells County timber, a purchaser of County timber must:

1. Notify the County Forester of the delivery destination of all timber purchased.

Notification will be made in a form and manner prescribed by the County Forester; and

2. Deliver to the County Forester a certification of the eligibility to purchase County timber of any person to whom the purchaser intends to sell, trade, exchange, or otherwise convey the purchased County timber, and their intent to comply with the terms and conditions contained in this section. Certification will be made in a form and manner as prescribed by the County Forester. Obtaining certification shall not relieve the purchaser’s responsibility to provide the County Forester with an accounting of the delivery destination of that timber.

B. Any performance bond required by a County timber sale contract may be retained by the County Forester until their receives satisfactory notification of County timber delivery destination.

C. Failure to provide the County Forester with a final accounting of the delivery destination of County timber will be considered a violation of this chapter. Violators shall be

Rev 02/2023 Page | 9 subject to the penalties contained in 2.06.070 below.

[Codified by Ord. 05-2000, 7/13/00]

2.06.070 Remedies for Violation

A. The County Forester shall keep a written record of all persons whom they believe have violated the requirements of this chapter.

B. A person whose name appears on the record for violations as stated in A above, and who again violates the requirements of this chapter, shall be disqualified from bidding on or purchasing County timber for a period of five years following the date of the violation.

C. The County Forester may cease operations on and/or terminate any County timber sale contract entered into with a person who has violated the requirements of this chapter.

D. The County Forester may assess damages for violations of this chapter according to the following formula:

1. D = (OSV+AC)-(PR+RSV), where:

a. D = Damages and Expenses;

b. OSV = Original Sale Value (timber only does not include project value). The original sale value shall be adjusted to reflect estimated overruns or under-runs on recovery sales;

c. AC = Administrative Costs--these costs include both the field and office costs required for the preparation of the defaulted parcel for resale; these costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law;

d. PR = Payments Received; and

e. RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the County Forester’s estimate of remaining volume, multiplied by the dollar values stated in the contract.

E. The County Forester shall promptly notify the person in writing of any action taken under B, C, or D, in this section. The notice shall include the nature and date(s) of the violation(s), and where appropriate, the date of contract termination and/or cessation of operations, the period of disqualification, and the amount of assessed damages and how they were calculated.

If the person is disqualified, the notice shall also include a statement of the appeal rights and procedure described in paragraph F, below.

F. A person who receives notification from the County Forester of disqualification may appeal the decision to the Board of County Commissioners.

1. A written request must be received by the County Forester, 150 Beavercreek Road #325, Oregon City, Oregon 97045, no later than 15 days after the date of the County notification.

2. After a timely appeal request is received, the Board of County Commissioners will schedule a public hearing. The appellant will receive at least 15 days’ written notice of the hearing.

3. Following the hearing, the Board of County Commissioners shall make written findings and issue a written decision. A copy of the findings and decision will be mailed to the appellant. The Board’s decision shall be final.

G. If a person does not timely appeal a disqualification notice, then the decision of the County Forester shall be final.

H. The County Forester’s decision to cease operations, terminate a timber sale contract, or assess damages shall be final.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

2.06.080 Log Branding and Marking Requirements

Rev 02/2023 Page | 10

A. All County timber originating from County timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood, both ends of all logs originating from County timber sales shall be hammer branded and both ends shall be painted with a paint type and color determined by the County Forester.

B. If properly marked County timber is subdivided into smaller pieces for any other purpose than immediate processing, each piece must be branded with a County brand specifically used for this purpose and signifying the unprocessed timber is County timber ineligible for export.

The County Forester’s export restriction branding hammers can be obtained from the County Forester, at cost, upon request.

2.06.090 Timber Sale Contracts

All County timber sale contracts shall contain the following provision: “The Federal Forest Resources Conservation and Shortage Relief Act of 1990 prohibits the export of unprocessed timber originating from County lands. Violations of said Act or of the Clackamas County Log Export Chapter may result in termination of this contract, assessment of damages, disqualification from bidding on or purchasing County timber for up to five years, or federal or state legal action. In any legal action brought by the County to enforce this provision of this contract, the County, if it prevails, shall be awarded its reasonable costs and attorney fees.”

[Codified by Ord. 05-2000, 7/13/00]

2.06.100 Enforcement

A. Investigation of suspected violations of this chapter and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the County Forester, or contracted by the County Forester to other County, state or federal agencies. Any alleged violations of the export prohibition provisions of this chapter will be referred by the County Forester to the appropriate federal or state agency for prosecution or other legal action.

B. Once the County Forester makes a final decision that assesses damages, the full amount of damages shall be immediately due and payable. If payment is not made within 30 days, the County may enforce payment through civil legal proceedings, in which the County, if it prevails, shall be awarded its reasonable costs and attorney fees.

Rev 02/2023 Page | 11

EXHIBIT B - CERTIFICATIONS

ITB #2025-72

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;

SECTION IV. LOGGING ELIGIBILITY TO BID

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

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

A. In addition to all other requirements of law, any person submitting a bid for the purchase of County timber must certify, in a form and manner specified by the County Forester, that:

1. The person will not export directly or indirectly unprocessed County timber;

2. The person has not exported directly or indirectly unprocessed timber originating from County lands in Oregon since September 10, 1990, except to meet contractual obligations made prior to September 10, 1990;

and

3. The person will not sell, transfer, exchange or otherwise convey unprocessed County timber to any other person without obtaining a certification from the person that meets the reporting requirements below.

B. In addition to all other requirements of law, a persons previously not eligible to bid for County timber under subsection A of this section may bid for County timber if the person certifies in a form and manner specified by the County Forester that:

1. The person will not directly or indirectly export unprocessed County timber; and

2. Unless exempted by paragraph 3 below, the person has not exported unprocessed timber from County lands for a period of not less than 24 months prior to the date of submission of the bid; and

3. The person will not sell, transfer, exchange or otherwise convey unprocessed County timber to any other person without obtaining a certification from the person that meets the reporting requirements below.

Rev 02/2023 Page | 12

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

Rev 02/2023 Page | 13

EXHIBIT C - BID PRICE FORM

ITB #2025-72

ESTIMATED STUMPAGE BID ESTIMATED

SPECIES VOLUME (MBF) $ per MBF VALUE

Douglas-fir (minimum bid $498.59MBF) 1,040 $ ___________ $ ___________

Hemlock/White wood (minimum bid $273.56MBF) 310 $ ___________ $ ___________

No Bid Species Western Red Cedar 25 $ 1,098.59 $ 27,464.75 Pulp 100+ tons $ 5.00 per ton $ 500.00

TOTAL ESTIMATED VALUE = $ ___________

Bond: 10% (to the nearest $1,000.00), of the total purchase price, based on the total price of all species according to the County cruise due at submittal.

[ ] Resident Contractor, as defined in ORS 279A.120 [ ] Non-Resident Contractor, Resident State:

I, the undersigned certify that the bidder has not discriminated against minority, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining subcontracts.

It is acknowledged that CLACKAMAS COUNTY reserves the right to reject any and all bids.

DATED this_________day of________________, ______

By:___________________________Title:___________________________________

Address:______________________________________________________________

Phone: ______________________

Rev 02/2023 Page | 14

EXHIBIT D

BID BOND

Rev 02/2023 Page | 15

CLACKAMAS COUNTY

PUBLIC IMPROVEMENT CONTRACT

BID BOND

Project Name: # 2025-72 Wild Trout- Timber Sale Unit #3

We, _____________________________________, as “Principal,” (Name of Principal) and __________________________________________, an _________________ Corporation, (Name of Surety) authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Clackamas County (“Obligee”) the sum of ($____________________________)

______________________________________________________________________ dollars.

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of the Obligee in response to Obligee’s procurement document (No. ) for the project identified above which proposal or bid is made a part of this bond by reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to the procurement document.

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this ___________day of ______________________, 20____.

Principal:_______________________________________

By:____________________________________________

Signature

Official Capacity

Attest:__________________________________________ Corporation Secretary

Surety:________________________________________

By: Attorney-In-Fact

Name

Address

City State Zip

Phone Fax

EXHIBIT E

EXHIBIT F

EXHIBIT G