Bennett Road ITB - FINAL BID PACKET.pdf

COLUMBIA COUNTY ROAD DEPARTMENT

1054 Oregon Street

St. Helens, OR 97051

Ph: 503-397-5090 Fax: 503-397-7215

CONTRACT DOCUMENTS

for

Bennett Road Overlay

Contents:

* Invitation to Bid

* Instructions to Bidders

* Bid Form

* Bid Schedule

* First-tier Subcontractor Disclosure Form

* Special Provisions

* Specifications

* Oregon Bid Bond

* Oregon Performance and Payment Bonds

* Exhibit 1: Prevailing Wage Rates for Oregon Public Works Contracts

* Exhibit 2: Environmental and Natural Resources Laws; Remedies

* Exhibit 3: Sample Construction Contract

*Drawings

BID DEADLINE FOR SUBMITTAL: Monday, August 20, 2024 2:00 PM

Columbia County Road Department Office

BID OPENING: Monday, August 20, 2024 2:00 PM

Columbia County Road Department Office

Board of Commissioners for Columbia County:

Casey Garrett, Chairperson

Margaret Magruder

Kellie Jo Smith

Director of Public Works: Michael Russell

INVITATION TO BID

Notice is hereby given that Columbia County by and through its Road Department intends to contract for the overlay of about 8,450 linear feet of Bennett Road. The contract documents (including special provisions and specifications) are available at the Columbia

County Public Works Department, 1054 Oregon Street, St. Helens, Oregon, 97051; phone

503-397-5090.

The contractor shall furnish labor, materials, and equipment necessary for completion in accordance with the specifications. The work consists of the application of a prelevel course of 1,050 tons of ½-inch Level 2 HMAC, nominal 1-inch depth; a finish level course of 2,150 tons of ½-inch Level 2 HMAC, 2-inch depth; and pavement marking, as well as other associated work, in accordance with the specifications. Bids for the work described will be received in the Columbia County Road Department Office at 1054 Oregon Street, St. Helens, Oregon, 97051, no later than 2:00 p.m. PDT, Monday, August 20, 2024. Bids received after this date and time will be returned unopened. Bids will be opened at 2:00 p.m. PDT on August

20, 2024, at the above address. The County Road Department date/time clock will be the designated time recording device for recording receipt of bids. Contractor shall submit a list of first-tier subcontractors within two (2) hours following Bid Opening. Construction must be complete by October 16, 2024.

The contract is for a public works subject to ORS 279C.800 to 279C.870. Prequalification applications subject to ORS 279C.430 are not required.

PUBLICATION: The Chronicle: August 7, 2024

Daily Journal of Commerce: August 6 and August 13, 2024

Grant.DeJongh Text Box August 7 and August 14, 2024

INSTRUCTIONS TO BIDDERS

SECTION 1. WORK TO BE DONE

The Columbia County Road Department intends to contract for the overlay of Bennett Road from Highway 30 to Bachelor Flat Road per the attached specifications and drawings. The following summarizes the work included and shall be used for information only. All work shall be done according to the contract documents.

1. Broom both lanes and shoulders to remove loose gravel and other debris.

2. Apply asphalt emulsion tack coat over all road surfaces, including between lifts.

3. Place pre-level HMAC, to a nominal depth of 1 inch, to reestablish profile of the roadway.

4. Place 2-inch surface course of ½-inch Level 2 HMAC.

5. Construct asphalt tapers over existing driveways.

6. Place traffic markings.

7. Provide all needed traffic control.

8. Submit results of asphalt compaction and gradation tests to the County.

The contract shall provide for the execution and completion in every detail of the work described herein. Except as otherwise specified, the Contractor shall furnish all labor, tools, implements, machinery, supplies, materials, and incidentals, and shall do all things necessary to perform and complete the work to be done under the contract according to the

Specifications. This shall be understood to include, in addition to the work specifically called for in the Specifications, the performance of such additional and extra work as may appear to the County Representative to be necessary for the completion of the work contemplated in a substantial and workmanlike manner. Specifications for the project are attached and may also be reviewed at the Columbia County Road Department, 1054 Oregon Street, St. Helens, Oregon 97051.

SECTION 2. LOCATION OF SITE

Bennett Road – Highway 30 to Bachelor Flat Road

SECTION 3. PROJECT INFORMATION

Additional information pertaining to this project may be obtained from Grant DeJongh, Assistant Public Works Director, Columbia County Road Department, 1054 Oregon Street, St. Helens, Oregon 97051. Phone: 503-397-5090 Fax: 503-397-7215. Plans and specifications may be reviewed at the Columbia County Road Department.

SECTION 4. TIME AND PLACE OF RECEIVING AND OPENING BIDS

Bids for the work described above will be received by Grant DeJongh, Assistant Public

Works Director (or his designee) at the Road Department Office at 1054 Oregon Street, St. Helens, Oregon 97051 until Tuesday August 20, 2024 PDT. Bids will be publicly opened and read at 2:00 p.m. PDT that day in the office of the Road Department. Grant

DeJongh, Assistant Public Works Director, is the person designated for the receipt of

Bids.

SECTION 5. FORM OF BID

All bids must be written in the space provided, either typed or in ink, on the Bid Form provided herein. No facsimile or other electronically submitted Bids will be accepted. The

Bid is subject to and incorporates by reference all of the Contract Documents for this project. Bids must be signed by an authorized representative or representatives of the bidder. The Bid must be presented in sealed envelopes to the Office of the Road

Department for Columbia County, Oregon, by the time stated and shall be marked with the words “BID FOR Bennett Road Overlay” or similar words. Bidders shall fill in all required information on the Bid Form and Bid Schedule included in the Bid Documents.

SECTION 6. PUBLIC WORKS CONTRACT

This project is a public works project and is subject to ORS 279C.800 through ORS

279C.870. No Bid will be considered unless the Bid contains a statement of compliance with ORS 279C.840 by the bidder. The State prevailing rates of wage that must be paid to workers in each trade or occupation by the successful Bidder and each Subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the Contract is the prevailing wage rate in effect on the date this ITB is first published.

Those rates may be accessed at http://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx. This webpage also shows which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under

ORS 279C.815(2)(b). A fee is required to be paid to the Commissioner of the Bureau of

Labor and Industries as provided in ORS 279C.825(1). The successful Bidder and any subcontractor must have a public works bond filed with the Construction Contractors

Board before starting work on the Project, unless exempt under ORS 279C.836(4), (7) or (8).

SECTION 7. ASBESTOS

A contractor or subcontractor need not be licensed under ORS 468A.720 to be eligible for the contract.

http://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx

SECTION 8. CONSTRUCTION CONTRACTORS BOARD

No Bid shall be considered unless the Bidder is licensed by the Construction Contractors

Board as required by ORS 701.035.

SECTION 9. NON-DISCRIMINATION CERTIFICATION

Each Bidder shall certify by Bid Form signature that the Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110, against any minority, women or emerging small business enterprise, certified under ORS 200.005, or any business enterprise that is owned or controlled by or employs a disabled veteran as defined in ORS 408.225, in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.

SECTION 10. RESIDENT BIDDER

Each bid must identify whether the bidder is a resident bidder as defined in ORS 279A.120.

SECTION 11. ENVIRONMENTAL AND NATURAL RESOURCES LAWS;

REMEDIES

Provisions concerning environmental and natural resources laws and remedies are attached hereto as Exhibit 2 and incorporated herein by this reference.

SECTION 12. BID SECURITY

Each Bid shall be accompanied by a surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier’s check or certified check in the amount of 10% of the total amount stated in the Bid as Bid security. The full amount of the

Bid security shall be forfeited in the event the successful Bidder fails to execute a satisfactory Contract within ten (10) days following the date of receipt of the Contract prepared and made ready for execution by the Columbia County Counsel’s office. The Bid security shall be taken and considered as liquidated damages and not as a penalty for failure of the Bidder to execute the Contract and bonds. The Bid security of all unsuccessful

Bidders shall be returned after the Contract is executed, when all Bids have been rejected, or when a Bid has been properly withdrawn as provided in Section 14, below. The County will return the Bid security of the successful Bidder after the Bidder executes the Contract and delivers a good and sufficient performance bond, a good and sufficient payment bond and proof of insurance.

SECTION 13. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF OFFERS

1. Modifications. A Bidder may modify its Bid in writing prior to the Bid Closing. A

Bidder shall prepare and submit any modification to its Bid to the County in accordance with OAR 137-049-0280. Any modification must include the Bidder’s statement that the modification amends and supersedes the prior Bid. The Bidder shall mark the submitted modification as follows:

a. Bid modification; and

b. Bennett Road Overlay

2. Withdrawals.

a. A Bidder may withdraw its Bid by written notice submitted on the Bidder’s letterhead, signed by an authorized representative of the Bidder, delivered to

Grant DeJongh, Assistant Public Works Director, and received by the

County prior to Closing. The Bidder or authorized representative of the

Bidder may also withdraw its Bid in person prior to Closing, upon presentation of appropriate identification and satisfactory evidence of authority.

b. The County may release an unopened Bid withdrawn under 2(a), to the

Bidder or its authorized representative, after voiding any date and time stamp mark.

c. The Bidder shall mark the written request to withdraw a Bid as follows:

i. Bid withdrawal; and

ii. Bennett Road Overlay

SECTION 14. LATE BIDS, LATE WITHDRAWALS AND LATE

MODIFICATIONS

Any Bid received after Closing is late. A Bidder’s request for withdrawal or modification of a Bid received after Closing is late. The County will not consider late Bids, withdrawals, or modifications, except as permitted in OAR 137-049-0350 or OAR 137-049-0390.

SECTION 15. CONTRACT AWARD

After Bids are opened and a determination is made that a public improvement contract is to be awarded, the County shall award the contract to the lowest responsible Bidder. The

Contract will be awarded as a whole to one Bidder. The Contract will be prepared by the

Columbia County Counsel’s office and will include a copy of the accepted Bid. The

Contract will be delivered or made available to the successful Bidder for execution. The

Contract shall be signed by the Contractor and returned to the County within ten (10) calendar days of mailing, along with the required Certificates of Insurance and performance and payment bond for final approval, dating and execution by the County.

The Contract will not be effective until finally approved, dated, and executed by the

County. After execution by the County, an electronic copy of the originally signed Contract will be delivered or made available to the Contractor and the Bid security will be returned.

Submission of a bid shall constitute an agreement to enter into the County’s form of contract, a sample of which is attached hereto as Exhibit 3 and incorporated herein by this reference.

SECTION 16. OFFER EVALUATION AND AWARD; DETERMINATION OF

RESPONSIBILITY

1. The County will be evaluating Bids on a unit price basis. The total Bid price shall be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder for the purpose of comparing Bids.

2. If awarded, the County will award the Contract to the Responsible Bidder submitting the lowest Responsive Bid, provided that such Bidder is not listed by the

Construction Contractors Board as being disqualified to hold a Public Improvement

Contract, See ORS 279C.375(3)(a).

3. Bidders are required to demonstrate their ability to perform satisfactorily under a contract. Before awarding a contract, the County must have information that indicates that the Bidder meets the standards of responsibility. To be a Responsible

Bidder, the County must determine that the Bidder:

a. Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to meet all contractual responsibilities;

b. Holds current licenses that businesses or service professionals operating in

Oregon must hold in order to perform the work specified in the contract;

c. Is covered by liability insurance and other insurance in the amounts the

County requires in the Contract Documents;

d. Qualifies as a carrier-insured employer or a self-insured employer under

ORS 656.407 or has elected coverage under ORS 656.128;

e. Has made the first-tier subcontractor disclosure, required by Section 23, below;

f. Has a satisfactory record of contract performance. The County may review the Bidders’ performance on both private and public contracts in determining the Bidders’ record of contract performance;

g. Has a satisfactory record of integrity. A Bidder may lack integrity if the

County determines the Bidder demonstrates a lack of business ethics such as a violation of state environmental laws or false certifications made to a

Contracting Agency. The County may find a Bidder not Responsible based on the lack of integrity of any person having influence or control over the

Bidder (such as a key employee of the Bidder that has the authority to significantly influence the Bidder’s performance of the Contract or a parent company, predecessor or successor person);

h. Is qualified legally to contract with the County; and

i. Has supplied all necessary information in connection with the inquiry concerning responsibility. If the Bidder fails to promptly supply information requested by the County concerning responsibility, the County will base the determination of responsibility upon any available information, or may find the Bidder not Responsible.

4. The County may require a Bidder to submit Product Samples, Descriptive

Literature, technical data, or other material and may also require any of the following prior to Award:

a. Demonstration, inspection or testing of a product prior to Award for characteristics such as compatibility, quality of workmanship;

b. Examination of such elements as appearance or finish; or

c. Other examinations to determine whether the product conforms to

Specifications.

5. The County will seek information from a Bidder only to clarify the Bidder’s Bid.

Such clarification may not vary, contradict or supplement the Bid. A Bidder must submit written and signed clarifications and such clarifications will become part of the Bidder’s Bid.

SECTION 17. PERFORMANCE SECURITY and PAYMENT SECURITY

The successful Bidder shall promptly acquire and deliver, along with the executed Contract, to the County a good and sufficient performance bond, subject to approval by the County, in a sum equal to 100% of the Contract price to secure faithful performance of the Contract.

In lieu of a surety bond, the successful bidder may propose, and the County may permit, the bidder to submit a cashier’s check, certified check or cash in the amount of 100% of the contract price. The performance bond must be solely for the protection of the County. The

County may permit the successful Bidder to submit a cashier’s check or certified check in lieu of all or a portion of the required performance bond.

The successful Bidder shall promptly acquire and deliver a payment bond in an amount equal to the full contract price, solely for the protection of claimants under ORS 279C.600.

Each performance bond and each payment bond must be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state. The bonds may not constitute the surety obligation of an individual or individuals.

The performance and payment bonds must be payable to the County and shall be in a form approved by the County.

SECTION 18. RIGHT TO WAIVE INFORMALITIES AND/OR REJECT BID

PROPOSALS

The County reserves the right to waive minor informalities in the Bids received. The County may also reject any Bid not in compliance with all prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder’s responsibility under

Section 16, above, and may reject for good cause any or all Bids upon a finding by the County that it is in the public interest to do so, in accordance with OAR 137-049-0440.

SECTION 19. ADDENDA

1. The County may change the solicitation by written Addenda. A Bidder shall provide

Written acknowledgment of receipt of all issued Addenda with its Bid, unless the

County otherwise specifies in the Addenda.

2. The County shall notify prospective Bidders of Addenda. The County will email addenda to all prospective bidders who have requested bids.

3. The County shall issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bids. The County may extend the Closing if the County determines prospective Bidders need additional time to review and respond to Addenda. Except to the extent required by public interest, the County shall not issue

Addenda less than 72 hours before the Closing unless the Addendum extends the

Closing.

4. Unless a different deadline is set forth in the Addendum, a Bidder may submit a written request for change or protest to the Addendum, as provided in OAR 137-049-0260, by the close of the County’s next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-049-0260, whichever is later. The County shall consider only a Bidder’s request for change or protest to the Addendum. The County shall not consider a request for change or protest to matters not added or modified by the Addendum, unless the Bidder submits the request for change or protest before the deadline for the County’s receipt of request for change or protests as set forth in OAR 137-049-0260(2) and (3).

SECTION 20. PROTEST PROCEDURES

An adversely affected or aggrieved Bidder may submit a written protest of the County’s intent to award within 7 days after issuance of the notice of intent to award the contract.

The Bidder’s protest must be in writing and must specify the grounds upon which the protest is based. A Bidder is adversely affected or aggrieved only if the Bidder is eligible for award of the contract as the responsible Bidder submitting the lowest Responsive Bid and is next in line for award, in accordance with OAR 137-049-0450. The County will not consider a protest submitted after the time period for protests is up. The Board of County

Commissioners, or its designee, may settle or resolve a written protest submitted in accordance with the requirements of this section. If a protest is not settled, the Board of

County Commissioners, or its designee, shall promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute. The successful Bidder shall promptly execute the Contact after the award is final. The County shall execute the Contract only after it has obtained all applicable required documents and approvals.

SECTION 21. PREPARATION COSTS

All costs associated with Bid preparation shall be at the Bidder’s sole cost and expense.

SECTION 22. FIRST-TIER SUBCONTRACTOR DISCLOSURE

Within two working hours after the Bid Closing, all Bidders shall submit to the person authorized to receive bids, a first-tier subcontractor disclosure on the form provided, identifying any first-tier subcontractors that will be furnishing labor or labor and materials on the Contract, if awarded, whose subcontract value would be equal to or greater than:

(A) Five percent of the total Contract price, but at least $15,000; or

(B) $350,000, regardless of the percentage of the total Contract Price.

SECTION 23. REQUEST FOR CLARIFICATION OR CHANGE; SOLICITATION

PROTESTS

A. Clarification. Prior to the deadline for submitting a written request for change or protest, a Bidder may request that the County clarify any provision of the Solicitation

Document. The County’s clarification to a Bidder, whether orally or in writing, does not change the Solicitation Document and is not binding on the County unless the County amends the Solicitation Document by Addendum.

B. Request for Change. A Bidder may request in writing a change to the specifications or

Contract terms and conditions. A Bidder must deliver the written request for change to the

County not less than 10 days prior to Closing. The Request for Change must include a statement of the requested change(s) to the Contract terms and conditions, including any

Specifications, together with the reason for the requested change. The Bidder shall mark the

Request for Change with “Contract Provision Request for Change” and the Solicitation

Document number.

C. Solicitation Protests. A Bidder may protest Specifications or Contract terms and conditions by delivering a Written Protest to the County not less than 10 days prior to

Closing. The Protest shall include a detailed statement of the legal and factual grounds for the Protest, a description of the resulting prejudice to Bidder and a statement of the desired changes to the Contract terms and conditions, including Specifications. The Bidder shall mark the Protest with “Contract Provision Protest Bennett Road Overlay”.

Bennett Road Overlay Bid Form Page 1 of 4

BID FORM

Bennett Road Overlay MP 0.05 to 1.65

The undersigned and bidder declare(s), propose(s) and agree(s) as follows:

1. The undersigned has authority to complete and sign this Bid on behalf of the person, firm, business or corporation named herein as bidder.

2. The full legal name(s) of the bidder is

3. The only persons, firms, businesses or corporations interested in this Bid as principals are named as bidders above or as officers, partners, joint venturers or parties below.

4. This Bid is made without collusion with any person, firm, business or corporation other than those named herein.

5. The bidder has carefully examined the Contract Documents (consisting of the Invitation for Bids, Instructions to Bidders, Bid Form, Bid Schedule, First-Tier Subcontractor Disclosure Form, Sample

Contract, Special Provisions, Specifications, Oregon Bid Bond, Oregon Performance and Payment

Bonds, Environmental and Natural Resources Laws and Remedies and Drawings), and the site(s) of the proposed work.

6. The bidder understands and agrees that this Bid is subject to all of the terms and conditions of the Contract Documents, and any addenda thereto, and the same are incorporated herein by this reference.

7. If this Bid is accepted, bidder will: a) execute the County’s approved form of Contract;

b) provide the performance security, if any, specified in the Contract Documents; c) will provide all the necessary labor, machinery, tools, apparatus and other means of construction to do all the work required; d) furnish all the materials necessary; and e) do all of the foregoing in the manner and time prescribed in, and according to the requirements set forth in, the Contract Documents.

8. If this Bid is accepted and the bidder fails to or neglect to execute and return the Contract, and provide performance security, if required, within ten (10) days from the date of receiving from the

County the Contract prepared and ready for execution, the County may, at its option, determine that the bidder has abandoned the Contract, declare the bid security described in the Instructions to

Bidders, if any, forfeited, and award the Contract to the next lowest responsible bidder.

9. The Bidder will make all the payments to workers, suppliers and agencies required under the

Contract in the manner described in the Contract Documents; the bidder will comply with all other applicable provisions of Oregon Law, Columbia County Ordinances and rules relating to public contracting including the provisions of ORS 279C.840 and the Davis Bacon Act (40 USC 276a), if applicable.

10. The bidder by whom this Bid is submitted, and by whom the contract will be entered into in case award is made, is a(n): individual / sole proprietorship / partnership / corporation / other

(mark out all but correct title).

Bennett Road Overlay Bid Form Page 2 of 4

11. The names, addresses, titles and phone numbers of the president, secretary - treasurer and manager of the bidding corporation or names, addresses, titles and phone numbers of all officers, partners, joint venturers or other parties interested in this Bid are as follows:

1. Name: Title:

Address:

Phone:

2. Name: Title:

3. Name: Title:

(Attach additional sheets if necessary.)

12. The undersigned Bidder certifies that Bidder has not discriminated and will not discriminate against minority, women, or emerging small business enterprises certified under ORS 200.005, or any business enterprise that is owned or controlled by or employs a disabled veteran as defined in

ORS 408.225 in obtaining any required subcontracts. Failure of a Bidder not to so discriminate shall be grounds for disqualification.

13. Each Bid shall be accompanied by a surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier’s check or certified check in the amount of

10% of the total amount stated in the Bid as Bid security.

14. The Bidder’s Bid is as shown in the following bid schedule:

Bennett Road Overlay Bid Form Page 3 of 4

BID SCHEDULE

Bennett Road Overlay MP 0.05 to 1.65

(Bid must be returned to Columbia County Road Department by Tuesday August 20 at 2:00 PM)

ITEM

NO.

BID ITEM DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

TOTAL

1 MOBILIZATION ALL LS

TEMPORARY WORK ZONE TRAFFIC

CONTROL, COMPLETE

ALL

LS

ADJUSTING BOXES

EA

4 EMULSIFIED ASPHALT TACK COAT 12 TON

LEVEL 2, 1/2 INCH DENSE HMAC IN

PRELEVEL

TON

LEVEL 2, 1/2 INCH DENSE HMAC IN

SURFACE COURSE

TON

7 EXTRA FOR ASPHALT APPROACHES 56 EA

8 PAVEMENT LEGEND, TYPE B Arrows 1 EA

Total

Bennett Road Overlay Bid Form Page 4 of 4

Remarks (attach additional sheets if necessary):

DATED:

BIDDER:

(Business Name)

BUSINESS ADDRESS:

BY:

(Signature of Authorized Representative)

Name:

(Printed Name of Signator)

Title:

Phone: Fax:

BY:

(Signature of Second Representative if required)

Name:

(Printed Name of Signator)

Title:

Federal Tax I.D. No.:

(Unless indicated otherwise below, all business communications regarding this Bid and Contract will be made to the business address and phone number shown above.)

If other than above, all communications should be made to:

Alternate Address:

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: Bennett Road Overlay MP 0.05 to 1.65

BID CLOSING: Date: Tuesday August 20, 2024 Time: 2:00 p.m. Pacific Time

This form must be submitted at the location specified in the Invitation to Bid on bid closing date and within two working hours after the advertised bid closing.

Instructions for First-Tier Subcontractor Disclosure: Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000.00 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to:

(a) 5% of the project bid, but at least $15,000.00; or

(b) $350,000.00, regardless of the percentage of the total bid.

The disclosure of first-tier subcontractors shall include:

(a) The subcontractor’s name;

(b) The category of work that the subcontractor would be performing; and

(c) The dollar value of the subcontract.

If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate “None” on the form, below. THE COUNTY

MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM

WITH THIS INFORMATION BY THE STATED DEADLINE (See OAR 137-049-0360)

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF

NEEDED.)

NAME DOLLAR VALUE CATEGORY OF WORK

1) $

2) $

3) $

4) $

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

Form submitted by (bidder name):

Contact name: Phone no.:

SPECIAL PROVISIONS

SECTION 1. STANDARD OF WORKMANSHIP

The standard of workmanship for this Contract shall meet or exceed those provided by the

Specifications for this Contract.

SECTION 2. MATERIALS

The materials used in this Contract shall meet or exceed those stated in the Specifications. Prior written approval by the County Representative must be obtained before deviating from the materials, if any, prescribed in the Specifications.

SECTION 3. EXAMINATION OF LOCATION AND CONDITIONS.

It is understood that CONTRACTOR, prior to signing this Contract, has made a careful examination of the contents of this Contract and has obtained complete information as to the quantity, locality and character of work to be performed hereunder. CONTRACTOR has, by careful examination, satisfied himself/herself as to the nature and location of the work, the confirmation of the ground, the character of equipment, and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. COUNTY in no case will be responsible for any loss or cost that may be suffered by CONTRACTOR as a consequence of the failure by

CONTRACTOR to be so informed.

SECTION 4. ORDER AND PROGRESS OF WORK

The work under this Contract shall be planned and conducted in such a manner and with such forces as to secure completion within the time allotted. The order and sequence of the work and its general conduct shall be subject to approval of the County Representative, which shall, however, not affect or diminish the full responsibility of the CONTRACTOR for the work.

SECTION 5. SCOPE OF WORK.

The intent of this Contract is to provide for the execution and completion in every detail of the work described herein. Except as herein otherwise specified, the CONTRACTOR shall furnish all labor, tools, implements, machinery, supplies, materials and incidentals, and shall do all things necessary to perform and complete, according to the Specifications, the work to be done under this Contract. This shall be understood to include, in addition to the work specifically called for in the Specifications, the performance of such additional and extra work as may appear to the County Representative to be necessary for the completion of the work contemplated in a substantial and workmanlike manner.

SECTION 6. COMMENCEMENT OF WORK

Upon award of the Contract by COUNTY, the CONTRACTOR shall furnish COUNTY the following:

a. The original of this Contract duly executed by CONTRACTOR.

b. Evidence of having secured any permits or licenses, payment of any fees or charges and posting of any notices as may be required by law.

c. A list of proposed subcontractors, if any, subject to County approval pursuant to Section

18 below.

d. The Payment Bond, Performance Bond and Certificates of Insurance required by

Sections 7,14, 22 of the Contract.

Upon receipt of the above, the COUNTY will determine whether to approve the Contract. No work shall commence until the COUNTY has approved, dated, and executed the original Contract and authorized CONTRACTOR to begin work. The COUNTY shall not be responsible for delay by

CONTRACTOR in supplying the necessary items described above in this section and any such delay shall not be grounds for extension of the completion date specified herein.

SECTION 7. INSPECTION

This Contract is to be executed under the supervision of the County Representative, who will act under instruction of the Board of County Commissioners. The County Representative may provide for the inspection, by assistants and inspectors under his/her direction, of all materials used and all work done under this project. No deviation from the specifications for this project shall be made by the CONTRACTOR without first obtaining the consent and approval of the County Representative.

The County Representative and his/her inspectors shall have free access to all information relating to the work and materials for the project which the County Representative may deem necessary or pertinent and with such samples as may be required. The CONTRACTOR shall, at his/her own expense, supply the inspectors with such labor assistance as may be necessary in handling of materials for proper inspection and, in case the CONTRACTOR neglects or refuses to do so, such labor as may be necessary shall be employed by the County Representative and the expense so incurred shall be deducted from the money then due, or which may become thereafter due the

CONTRACTOR. Inspectors shall have authority to reject defective material and to suspend any work that is being done improperly, subject to final decision of the County Representative.

Inspectors shall have no authority to permit deviations from, or to relax, any of the provisions of these Specifications nor to delay the CONTRACTOR by failure to inspect materials and work with reasonable promptness. The County Representative during the actual progress of the work, shall furnish the CONTRACTOR with such detailed drawing as may be necessary to more fully illustrate the work, and all such drawings shall be considered a part of the Specifications of the project.

The payment of compensation, whatever may be its character or form, or the giving of any gratuity, or the granting of any valuable favor by the CONTRACTOR to any inspector, directly or indirectly, is directly prohibited, and any such act on the part of the CONTRACTOR will constitute a violation of this Contract.

SECTION 8. ALTERATIONS IN DETAIL

COUNTY reserves the right to make, at any time during the progress of the work to be done, such changes or alterations as may be found to be necessary or desirable; provided, however, such changes or alterations shall not change the character of the work to be done, nor increase the cost thereof unless the change and cost increase is approved in writing by the CONTRACTOR prior to the execution of the additional work. Any changes or alterations so made shall not invalidate this

Contract nor release the surety of CONTRACTOR on the Performance Bond, and CONTRACTOR agrees to do the work as changed or altered as if it had been a part of the original Contract.

SECTION 9. DISCHARGE OF EMPLOYEES.

Any employee of the CONTRACTOR whose work is unsatisfactory to the County Representative shall be discharged or reassigned by CONTRACTOR and not allowed to work on the job again without written consent of the County Representative.

SECTION 10. PUBLIC CONVENIENCE.

During the progress of the work, the convenience of the public must be provided for as far as practical.

SECTION 11. PROTECTION OF PROPERTY AND PERSONS

1. The CONTRACTOR shall, at his/her own expense, provide, erect and maintain at all times during the progress of the work, suitable barricades, fences, signs, or other adequate protection, and shall provide and maintain such lights, signals and flaggers as may be necessary or as may be ordered by the County Representative to insure the safety of the public, and the protection of the work and those engaged in connection with the work.

2. The CONTRACTOR shall continuously maintain adequate protection of all areas near the work from damage and shall protect the COUNTY’S property from unintended loss arising in connection with this agreement. CONTRACTOR shall adequately protect adjacent property as provided by law, regulations and industry practice. The CONTRACTOR shall make good any such damage, injury or loss, except such as may be directly caused by agents or employees of the COUNTY.

3. The CONTRACTOR shall protect from damage to all buildings, trees, shrubs, lawns and all landscape work indicated or directed to remain. Any such property damaged shall be repaired or replaced at the CONTRACTOR’S expense.

SECTION 12. CLEANING UP

The CONTRACTOR shall remove all debris and excess materials from the work site.

Upon the completion of the work, and before acceptance and final payment shall be made, the

CONTRACTOR shall clean up and remove from the work site, all surplus and discarded materials, rubbish and debris of all kind. CONTRACTOR shall restore in an acceptable manner all property, both public and private which has been damaged during the prosecution of the work, and shall leave the work site in a neat and orderly condition to the satisfaction of the County Representative.

SECTION 13. EXTENSION OF TIME

With reference to the Contract time originally given in the proposal and Contract, the

CONTRACTOR can request the COUNTY to extend the original time limit. If the COUNTY agrees that an extension should be granted because of an unforeseen reason, the original time limit will be extended by the amount of days the CONTRACTOR is prevented from performing work under the Contract for one or another of the following causes or reasons:

1. Acts of God, such as an earthquake, flood, cloudburst, tornado, hurricane or other phenomenon of nature of catastrophic proportions or intensity.

2. Epidemics, quarantine restrictions, strikes, labor disputes, freight embargoes and acts of public enemy.

3. Periods when the work is temporarily suspended upon written order of the County

Representative.

SECTION 14. ADJUSTMENT OF CONTRACT

Notwithstanding any other provisions of this Contract, COUNTY may, pursuant to Oregon law, make adjustments in the Contract when material effect upon the work to be done under the Contract is caused by major catastrophes or disasters resulting from acts of God, windstorms, floods, fire, or other acts of nature, which are beyond the control of the CONTRACTOR and in no way connected with negligent acts or omissions of CONTRACTOR or the representatives, employees or assignees of CONTRACTOR. Such adjustments may be made to place the parties in their original status under the Contract, insofar as possible, provided, however, that any loss or cost to CONTRACTOR is in no way recoverable from third parties through action or otherwise by CONTRACTOR, and provided further that CONTRACTOR make written application to COUNTY within thirty (30) days after the event.

SECTION 15. CAUSES BEYOND CONTROL.

In the event CONTRACTOR is prevented by cause or causes beyond control of CONTRACTOR from performing any obligation of this Contract, such non-performance shall not be deemed to be a breach of this Contract such as to render CONTRACTOR liable in damages therefor or to give rise to the cancellation thereof; provided, that if and when such cause or causes shall cease to prevent such performance, CONTRACTOR shall exercise all reasonable diligence to resume and complete performance of such obligation with the least possible delay. By “cause or causes beyond control” as used in this section is meant any one or more of the following causes affecting operations of

CONTRACTOR: fire or other casualties and accidents; strikes, riots and civil commotions; wars and acts of public enemies; storms, floods and other unusual climatic conditions, including droughts and low humidity, or orders of duly constituted public, authorities; and acts of God and other similar circumstances beyond the control of the CONTRACTOR.

SECTION 16. LIABILITY OF PUBLIC OFFICIALS.

In carrying out of any of the provisions of this Contract, or in exercising any power of authority granted under this Contract, there will be no liability on the Columbia County Board of

Commissioners, members of said board and its officers, agents, employees and authorized representatives of the Board, either personally or as officials of the COUNTY, it always being understood that in such matters they act solely as agents and representatives of Columbia County.

SECTION 17. LAWS, REGULATIONS AND ORDERS.

CONTRACTOR at all times shall observe and comply with all federal and state laws, administrative rules and regulations issued thereunder, and local ordinances, orders, rules and regulations, which in any manner affect the activities of CONTRACTOR under this Contract, and further, shall observe and comply with all orders or decrees as exist at present and those which may be enacted later by bodies of tribunals having any jurisdiction or authority over such activities of

CONTRACTOR.

Payment for work under this Contract after June 30 of any given year is subject to funds being budgeted by the Columbia County Budget Committee. This Contract is subject to the provisions of

ORS Chapter 279C (Public Contracting), ORS 294 (Local Budget Law), Article XI, Section 10 of the Oregon Constitution and any and all Oregon statutes and Columbia County ordinances and rules relating to public contracting.

SECTION 18. SUSPENSION OF ACTIVITIES

COUNTY shall have the authority to suspend, wholly or in part, the activities of CONTRACTOR and assignees of CONTRACTOR under this contract for such period or periods of time as

COUNTY may deem necessary to protect the public interest.

SECTION 19. ADVANCE PAYMENTS TO CONTRACTOR.

Upon request by CONTRACTOR to be paid for completion of part of the total work to be done hereunder, COUNTY may make such payment, if in the sole opinion of COUNTY the work has been satisfactorily completed and the quantity of work can be verified.

The request from CONTRACTOR for such advance payment must be in writing and include a statement showing the quantity of work completed and the amount payable for such work at the contract unit price.

SECTION 20. NON-DISCRIMINATION.

The CONTRACTOR shall comply with the provisions of Chapter 659, Oregon Revised Statutes, which prohibits unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national origin, marital status or age, or because of an expunged juvenile record. Particular reference is made to ORS

659.030 which states that it is an unlawful employment practice for an employer, because of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older, or because of an expunged juvenile record, to refuse to hire or employ, or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions, or privileges of employment

SECTION 21. LIQUIDATED DAMAGES.

In the event all of the work required under this Contract is not completed within the time specified in the Contract or any lawful extension thereof, CONTRACTOR agrees that damage will be sustained by COUNTY as a result, but to definitely determine and ascertain the actual amount of damages either before or after the occurrence thereof would be difficult and impractical. The sum stated in the Section 16 of the Contract for liquidated damages for each and every calendar day that completion of the work is delayed beyond the prescribed completion or lawful extension thereof is hereby stipulated as being the nearest and most exact measure of such damage that can be fixed at this or any subsequent time. When assessed by the COUNTY, CONTRACTOR shall become liable for and pay to the COUNTY as liquidated damages and not as a penalty said sum per day for each and every calendar day of delay. It is agreed by the parties to the Contract, that the amount of liquidated damages shall be $500 per day for each and every calendar day of such delay. The amount of such liquidated damages may be deducted by the contracting agency from any compensation due or that may become due under this Contract and the CONTRACTOR and his or her surety shall be liable for any excess damages due.

In the event CONTRACTOR is directed to perform extra or additional work, the number of calendar days specified in the Contract shall be extended by an amount determined by application to the original number of calendar days of the ratio that the value of the extra additional work bears to the original contract value.

Liquidated damages shall not be assessed for any delays caused by the default, act or omission of

COUNTY, the State, public enemy or act of God, or as provided in Sections 14, 16, and/or 20 of the

Special Provisions, providing CONTRACTOR shall within ten (10) days subsequent to the beginning of any such delay, file a written report as to the cause thereof with the County

Representative, whose findings in connection therewith shall be final and conclusive.

SECTION 22. TIME OF ESSENCE.

Conclusion of all work must be complete by October 16, 2024, or 45 calendar days after notice of award of contract, whichever is later.

SPECIFICATIONS

APPLICABLE STANDARD SPECIFICATIONS

References to the Standard Specifications which are applicable to the work on this project are contained in the 2021 edition of the “Oregon Standard Specifications for Construction, Oregon Department of Transportation.”

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

Comply with Section 00110 of the Standard Specifications.

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

Comply with Section 00130 of the Standard Specifications.

SECTION 00140 - SCOPE OF WORK

Comply with Section 00140 of the Standard Specifications.

SECTION 00150 - CONTROL OF WORK

Comply with Section 00150 of the Standard Specifications modified as follows:

00150.05 Cooperative Arrangements – Delete this subsection.

00150.15(b) Agency Responsibilities - Replace this subsection, except for the subsection number and title, with the following:

The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.5 (see Section 00305).

00150.15(c) Contractor Responsibilities - Replace this subsection, except for the subsection number and title, with the following:

The Contractor shall perform the Contactor responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305).

00150.50(c) Contractor Responsibilities - Replace this subsection, except for the subsection number and title, with the following:

The Contractor shall:

• Follow applicable rules adopted by the Oregon Utility Notification Center;

• Contact Utility owners during Bid preparation and after the Contract is awarded to verify all Utilities' involvement on the Project Site;

• Coordinate Project construction with the Utilities' planned adjustments, take all precautions necessary to prevent disruption of Utility service, and perform its Work in the manner that results in the least inconvenience to the Utility owners;

• Include all Utility adjustment work, whether to be performed by the Contractor or the Utilities, on the Contractor's Project Work schedule submitted under 00180.41;

• Protect from damage or disturbance any Utility that remains within the area in which Work is being performed. Maintain and re-establish location marks according to OAR 952-001-0090(2)(a). Coordinate re-establishment of the location marks with the associated Utility;

• Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect the Utility from damage or disturbance and promptly notify the Engineer;

• Stake, place warning tape, and maintain no work limits around critical Utility facilities as shown or directed by the Engineer and the Utility;

• In addition to the notification required in OAR 952-001-0090(5), notify the Engineer and the Utility as soon as the Contractor discovers any previously unknown Utility conflicts or issues; and

• Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility adjustment.

Subject to the Engineer's approval, the Contractor may adjust the Utilities by asking the Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the Special Provisions. The Contractor shall conduct all negotiations, make all arrangements, and assume all costs that arise from such changes.

00150.50(e) Notification - Add the following paragraph to the end of this subsection:

This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344).

Add the following subsection:

00150.50(f) Utility Information:

There are no anticipated conflicts with Utilities other than Warren Water valve boxes. The Contractor shall contact Warren Water and request that they locate and mark them for their protection prior to construction.

Justin Nelson wwa.jnelson@gmail.com 503-410-2792

00150.60(a) Load and Speed Restrictions for Construction Vehicles and Equipment - Add the following bullet to the end of the bullet list:

• The Contractor shall restrict the combined weights of construction vehicles, equipment, and materials on bridges according to 00220.45.

00150.70 Detrimental Operations - Replace the paragraph that begins "The Contractor shall avoid…" with the following paragraph:

mailto:wwa.jn…