Clackamas County Combined Bid Documents Page 1

CLACKAMAS COUNTY

NOTICE OF PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

INVITATION TO BID #2023-06

Canby (M.J. Lee) Ferry ITS Project

January 25, 2023

[Clackamas County (“County”) on behalf of Clackamas County Department of Transportation and Development through their Board of County Commissioners is accepting sealed bids for the Canby (M.J. Lee) Ferry ITS Project until March 2, 2023, 2:00 PM, Pacific Time, (“Bid Closing”) at the following location:

Bidding Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address: https://oregonbuys.gov/bso/view/login/login.xhtml, Document No.S-C01010-00005554.

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.

Submitting Proposals: Bid Locker Proposals 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 .

Engineers Estimate: $400,000.00 - $450,000.00

Contact Information Procurement Process and Technical Questions: Tralee Whitley at TWhitley@clackamas.us

Bids will be opened and publicly read aloud at the above Delivery address after the Bid Closing. Bid results will also be posted to the OregonBuys listing shortly after the opening.

To be eligible for award under this Invitation to Bid, Bidders (prime contractors) must submit proof of ODOT prequalification in the Class of Electrical (ELEC) to the County by the time of Bid Closing. County will reject Bids from Bidders who are not prequalified for the class of work indicated prior to the Bid Closing.

Prevailing Wage This is a public work contract subject to ORS 279C.800 to 279C.870 and the Federal Prevailing Rate of Wage required Under the Davis-Bacon Act (40 U.S.C. 3141 Et Seq.). All projects have minimum wage rate requirements. Each worker in each trade or occupation employed to perform work on the project shall be paid not less than the existing prevailing wage rate established by the Oregon Bureau of Labor and Industries (BOLI) or the applicable federal prevailing wage rate required under the Davis-Bacon Act, whichever is higher.

Prevailing wage rates published in the wage determinations and any applicable modifications or amendments apply to this Project and are incorporated by reference:

https://oregonbuys.gov/bso/view/login/login.xhtml https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/how-to-bid-on-county-projects mailto:TWhitley@clackamas.us

Clackamas County Combined Bid Documents Page 2

(1) U.S. Department of Labor, "General Wage Determinations Issued under the Davis- Bacon and Related Acts:

Oregon Highway Construction Projects", and

(2) Oregon Bureau of Labor and Industries (BOLI), "Prevailing Wage Rates For Public Works Contracts in Oregon".

The applicable Federal prevailing wage rates and the existing State prevailing wage rates last published prior to the time of Bid Closing as stated above, apply to this Project.

Wage Rates are Internet-Accessible - The applicable Davis-Bacon wage rates can be found on the US Department of Labor website at: https://www.wdol.gov/dba.aspx.

The BOLI wage rates can be found on the Oregon Bureau of Labor and Industries website at:

https://www.oregon.gov/boli/WHD/PWR/pages/pwr_state.aspx.

Wage Rates are Subject to Change - Modifications or amendments to the Davis-Bacon and BOLI wage rates applicable to this Project may occur at any time before Bid Closing. Bidders are responsible to monitor the respective web page(s) for modifications and amendments up until Bid Closing.

The applicable Davis-Bacon and BOLI wage rates will be included in the Contract.

Clackamas County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 200-4 and Title 49, Code of Federal regulations, Department of Transportation, subtitle A, Office of the secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, herby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for award.

All federally funded projects have “BUY AMERICA” requirements. The project is subject to the DBE policy statement as cited in 49 CFR 26. DBE Goal for this project is 0.0%. The Reimbursable On-the-job Training requirement is 0 hours.

Clackamas County encourages bids from Service Disabled Veteran, Minority, Women, and Emerging Small Businesses.

https://www.wdol.gov/dba.aspx https://www.oregon.gov/boli/WHD/PWR/pages/pwr_state.aspx

Clackamas County Combined Bid Documents Page 3

PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

Table of Contents

Section 1………………………………............ Notice of Public Improvement Contract Opportunity

Section 2……………………………………… Instructions to Bidders

Section 3……………………………………… Supplemental Instructions to Bidders

Section 4……………………………………… Bid Bond

Section 5……………………………………… Bid Proposal Form and Bid Schedule of Prices

Section 6……………………………………… First-Tier Subcontractor Disclosure Form

Section 7……………………………………… Affidavit of Non Collusion and Congressional Lobbying Certificate

Section 8……………………………………… Certificate Regarding Ineligible Contractors and Conflict of Interest Disclosure Form Reference

Section 9……………………………………… Performance Bond

Section 10……………………………………… Payment Bond

Section 11…………………………………….. Public Improvement Contract (Agreement Form)

Section 12…………………………………….. Project Information, Plans, General Conditions for Construction for Clackamas County and Special Provisions

Section 13……………………………………… Disadvantaged Business Enterprise (DBE) Commitment Requirements DBE Information Page DBE Commitment Certification and Utilization Form Assigned DBE Contract Goal ODOT DBE Policy Statement Disadvantaged Business Enterprise (DBE) Supplemental Required Contract Provisions Equal Employment Opportunity Provisions Equal Employment Opportunity-Aspirational Target Provisions On-site Workforce Affirmative Action Requirements For Women and Minorities on Federal-Aid Contract Required Contract Provision Federal-Aid Construction Contracts (FHWA 1273)

Clackamas County Combined Bid Documents Page 4

SECTION 2

Clackamas County Combined Bid Documents Page 5

PUBLIC IMPROVEMENT CONTRACT

INSTRUCTIONS TO BIDDERS

Clackamas County Local Contract Review Board Rules (“LCRB Rules”) govern this procurement process and are in accordance with state and federal requirements. LCRB Rules may be found at:

https://dochub.clackamas.us/documents/drupal/ef976bc9-14f4-495b-9bd8-c69ee7334685. The Instructions to Bidders is applicable to the procurement process for Clackamas County, or any component unit thereof identified on the Notice of Public Improvement Contract Opportunity, herein after referred to as the “County.”

Article 1. Scope of Work/Bidder

Prequalification The work contemplated under this contract with the County, includes all labor, materials, transportation, equipment and services necessary for, and reasonably incidental to, the completion of all construction work in connection with the project described in the Contract Documents.

The Contract Documents are defined in Section

00110.20 of Section 12, General Conditions for Construction for Clackamas County.

Only Bidders prequalified through ODOT for the classes of work described in the Contract Documents will be accepted. See Section

00120.00 of Section 12, General Conditions for Construction for Clackamas County. Under ORS 279C.430, proof of prequalification for the classes of work described in the Notice of Public Improvement Contract Opportunity must be submitted to the County prior to Bid Closing. IF

YOU ARE UNCERTAIN REGARDING

YOUR PREQUALIFICATION STATUS,

PLEASE CONTACT PROCUREMENT AT

503-742-5441.

Article 2. Examination of Site and

Conditions

Before making a Bid, the Bidder shall examine the site of the work and ascertain all the physical conditions in relation thereto. See Section

00120.15 of Section 12, General Conditions for Construction for Clackamas County.

Article 3. Interpretation of Contract Documents and Approval of Materials Equal to Those Provided in the Specifications

If any Bidder contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Special Provisions or forms of Contract Documents, or detects discrepancies or omissions, such Bidder may submit to the Engineer written request for an interpretation thereof at least five (5) calendar days prior to the date set for the Bid Closing.

When a prospective Bidder seeks approval of a particular manufacturer's material, process or item of equal or better value, utility or merit other than that designated by the Engineer in the Contract Documents, the Bidder may submit to the Engineer a written request for approval of such substitute at least seven (7) calendar days prior to the date set for the Bid Closing. The prospective Bidder submitting the request will be responsible for its prompt delivery.

Requests of approval for a substitution from that specified shall be accompanied by samples, records of performance, certified copies of tests by impartial and recognized laboratories, and such other information as the Engineer may request.

To establish a basis of quality, certain processes, types of machinery and equipment or kinds of materials may be specified in the Contract Documents either by description of process or https://dochub.clackamas.us/documents/drupal/ef976bc9-14f4-495b-9bd8-c69ee7334685

Clackamas County Combined Bid Documents Page 6 by designating a manufacturer by name and referring to a brand or product designation or by specifying a kind of material. Whenever a process is designated or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal or better" follow such name, designation or description, whether in fact they do so or not.

Any interpretation of the Contract Documents or approval of manufacturer's material will be made only by an Addendum duly issued. All Addenda will be posted to the project’s ORPIN listing will become a part of the Contact Documents. The County will not be responsible for any other explanation or interpretation of the Contract Documents nor for any other approval of a particular manufacturer's process or item for any Bidder.

When the Engineer approves a substitution by Addendum, it is with the understanding that the Contractor guarantees the substituted article or material to be equal or better than the one specified.

Unless the Engineer has approved substitutions of Materials, Equipment, and/or methods prior to opening of Bids, the Bidder shall furnish the items specified in the Contract. Substitution after Award is specified in 00120.16, 00180.31(b), 00180.31(c), and 00180.31(d).

Article 4. Security to Be Furnished by Each

Bidder

Each Bid must be accompanied by either 1) a cashier's check or a certified check drawn on a bank authorized to do business in the State of Oregon, or 2) a Bid Bond described hereinafter, executed in favor of the County, for an amount equal to ten percent (10%) of the total amount Bid as a guarantee that, if awarded the contract, the Bidder will execute the contract and provide a Performance Bond and Payment Bond as required or 3) Irrevocable letter of credit issued by an insured institution as defined in ORS

706.008. The successful Bidder's check or Bid

Bond will be retained until the Bidder has entered into a contract satisfactory to County and furnished a one hundred percent (100%) performance bond and one hundred percent (100%) Payment Bond. The County reserves the right to hold the Bid security as described in Article 10 hereof. Should the successful Bidder fail to execute and deliver the contract as provided for in Article 12 hereof, including a satisfactory performance bond and payment bond within twenty (20) calendar days after the Bid has been accepted by the County, then the contract award made to such Bidder may be considered canceled and the Bid security may be forfeited as liquidated damages at the option of the County. The date of the acceptance of the Bid and the award of the contract as contemplated by the Contract Documents shall mean the date of acceptance specified in the Notice of Intent to Award.

Article 5. Execution of Bid Bond

Should the Bidder elect to utilize a Bid Bond as described in Article 4 in order to satisfy the Bid security requirements, such form must be completed in the following manner:

A. Bid bonds must be executed on the County forms, which will be provided to all prospective Bidders by the County.

B. The Bid Bond shall be executed on behalf of a bonding company licensed to do business in the State of Oregon.

C. In the case of a sole individual, the bond need only be executed as principal by the sole individual. In the case of a partnership, the bond must be executed by at least one of the partners. In the case of a corporation, the bond must be executed by stating the official name of the corporation under which is placed the signature of an officer authorized to sign on behalf of the corporation followed by such person's official capacity, such as president, etc. The corporation seal should then be affixed to the bond.

D. The name of the surety must be stated in the execution over the signature of its duly authorized attorney-in-fact and accompanied

Clackamas County Combined Bid Documents Page 7 by the seal of the surety corporation.

Article 6. Execution of the Bid Proposal Form and Bid Schedule of Prices

Each Bid shall be made in accordance with: (i) the sample Bid Proposal Form and Bid Schedule of Prices accompanying these instructions; (ii) the appropriate signatures for a sole individual, partnership, corporation or limited liability corporation shall be added as noted in Article 5C above; (iii) numbers pertaining to base Bids shall be stated both in writing and in figures; and

(iv) the Bidder's address shall be typed or printed.

The Bid Schedule of Prices relates to Bids on specific Contract Documents. Only the amounts and information asked for on the Bid Schedule of Prices furnished will be considered as the Bid. Each Bidder shall Bid upon the work exactly as specified and provided in the Bid Schedule of Prices. The Bidder shall include in the Bid a sum to cover the cost of all items contemplated by the Contract.

Bidders shall complete the certifications and statements included in the Bid Section of the Bid Booklet according to the instructions. The Bid Proposal Form and Bid Schedule of Prices shall be signed by an authorized representative certifying that the Statements in the Bid Proposal Form are accurate and the Bid Schedule of Prices represents the proposed cost.

Article 7. Prohibition of Alterations to Bid

Bids that are incomplete, or contain ambiguities or have differing conditions required by the Bidder, including requested changes or exceptions to the Public Improvement Contract Agreement Form or other portions of the Contract Documents, may be rejected in County’s sole and absolute discretion. Refer to Section 00120.68 of Section 12, General Conditions for Construction for Clackamas County.

Article 8. Submission of Bid

Paper Bid: Each Bid shall be sealed in an envelope, properly addressed to the County, showing on the outside of the envelope the name of the Bidder and the name of the project. Bids will be received at the time and place stated in the Notice of Public Improvement Contract Opportunity.

Submission of Bid by email: A complete Bid (including all attachments) may be emailed and must be electronically received by the closing time and date 2:00 p.m. Pacific Time, March 2, 2023. The Bid Schedule of Prices is a fillable PDF and all information including signing shall be completed electronically. The Bid must be emailed to:

https://bidlocker.us/a/clackamascounty/BidLocker.

The email subject line must be “Bid for Canby Ferry ITS Project.” Bidders are strongly encouraged to telephone and confirm electronic receipt of the complete emailed document(s) before the above time and date deadline. Bids delayed or lost by email system filtering or failures may be considered at Clackamas County’s sole and absolute discretion.

Article 9. Bid Closing and Opening of Bids

All Bids must be received by the County at the place and time set for the Bid Closing. Any Bids received after the scheduled Bid Closing time for receipt of Bids will be rejected.

At the time of opening and reading of Bids, each Bid received will be publicly opened and read aloud, irrespective of any irregularities or informalities in such Bids. Refer to Section

00120.65 of Section 12, General Conditions for Construction for Clackamas County.

Generally, Bid results will be posted to the Procurement Website within two business days of the Bid Closing.

Article 10. Acceptance or Rejection of Bids by County

Unless all Bids are rejected, the County will award a contract based on the lowest responsive https://bidlocker.us/a/clackamascounty/BidLocker

Clackamas County Combined Bid Documents Page 8

Bid from a responsible Bidder. Refer to Section

00130.00 and 00130.10 of Section 12, General Conditions for Construction for Clackamas County. If that Bidder does not execute the contract, it will be awarded to the next lowest responsible Bidder or Bidders in succession.

The County reserves the right to reject all Bids and to waive minor informalities. The procedures for contract awards shall be in compliance with the provisions of the LCRB Rules in effect at that time.

The County reserves the right to hold the Bid and Bid security of the three lowest Bidders for a period of thirty (30) calendar days from and after the time of Bid Closing pending award of the contract. Following award of the contract the Bid security of the three lowest Bidders may be held twenty (20) calendar days pending execution of the contract. All other Bids will be rejected and Bid security will be returned.

If no Bid has been accepted within thirty (30) calendar days after the opening of the Bids, each of the three lowest Bidders may withdraw the Bid submitted and request the return of the Bid security.

Article 11. Revision or Withdrawal of Bids

At any time prior to the Bid Closing, a Bidder may revise or withdraw its Bid. This will not preclude the submission of another Bid by such Bidder prior to the time set for the Bid Closing.

Information entered into the Bid Proposal Form by the Bidder may be changed after the Bid has been delivered to the County Procurement Department, provided that:

Changes are prepared according to the instructions identified in the Bid Proposal Form identified in Article 6; and changes are received at the same offices, addresses, and times identified in the Bid Proposal Form for submitting Bids; and the changes are submitted in writing or by electronic mail to the email address provided in the Notice of Public

Improvement Contract Opportunity, signed by an individual authorized to sign the Bid.

The last Bid received shall supersede all previous submittals.

A Bidder may withdraw its Bid after it has been delivered to the County Procurement Department, provided that:

The written withdrawal request is submitted on the Bidder's letterhead, received at the same offices, addresses, and times identified in the Bid Proposal Form for submitting Bids, either by hand delivery or by electronic mail; and the request is signed by an individual who is authorized to withdraw the Bid, and proof of authorization to sign the Bid accompanies the withdrawal request.

After the time set for the Bid Closing, no Bidder will be permitted to withdraw its Bid within the time frames specified in Article 10 for award and execution, except as provided for in that Article.

Article 12. Execution of Contract, Performance Bond and Payment Bond

The County will provide the successful Bidder with Contract Documents within seven (7) calendar days after the completion of the award protest period. The Bidder is required to execute the contract forms as provided, including a performance bond and a payment bond from a surety company licensed to do surety business in the State of Oregon, within ten (10) calendar days after receipt of the contract forms. The Contract Documents shall be delivered to the County in the number called for and to the location as instructed by the County. For Execution by the County, refer to Section 00130.50(b) of Section 12, General Conditions for Construction for Clackamas County.

Article 13. Recyclable Products

Contractors will use recyclable products to the maximum extent economically feasible in the performance of the Contract.

Clackamas County Combined Bid Documents Page 9

Article 14. Clarification or Protest of the Solicitation Document or Specifications

Any request for clarification or protest of the solicitation document or specifications must be submitted in the manner provided for in the applicable section of the LCRB Rules to the Procurement Representative referenced in the Notice of Public Improvement Contract Opportunity.

A protest of the Solicitation Document must be received within seven (7) business days of the issuance of the Bid or within three (3) business days of issuance of an addendum.

Requests for clarification may be submitted no less than five (5) business days prior to the Bid Closing Date.

Article 15. Protest of Intent to Award

County will name the apparent successful Bidder in a “Notice of Intent to Award” letter.

Identification of the apparent successful Bidder is procedural only and creates no right in the named Bidder to the award of the contract.

Competing Bidders will be notified by publication of the Notice of Intent to Award on the Clackamas County Procurement Website of the selection of the apparent successful Bidder(s) and Bidders shall be given seven (7) calendar days from the date on the “Notice of Intent to Award” letter to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-049- 0450. Any award protest must be in writing and must be delivered by hand delivery or mail to the Procurement Division Director at:

Procurement Division, 2051 Kaen Road, Oregon City, OR 97045.

Article 16. Disclosure of First-Tier Subcontractors Without regard to the amount of a Bidder's Bid, if the Agency's cost range for a public improvement Project in the Notice of Public Improvement Contract Opportunity, or in other advertisement or solicitation documents, exceeds $100,000, the Bidder shall, within 2 working hours of the time Bids are due to be submitted, submit to the Agency, on a form provided by the Agency, a disclosure identifying any first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is equal to or greater than:

• 5% of the total Project Bid, but at least

$15,000; or

• $350,000, regardless of the percentage of the total Project Bid.

For each Subcontractor listed, Bidders shall state:

• The name of the Subcontractor;

• The dollar amount of the subcontract and

• The category of Work that the Subcontractor would be performing.

If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. An incomplete form will be cause for rejection of the Bid.

Disclosures may be submitted with the Bid or may be hand delivered to the Bid Closing address or emailed to procurement@clackamas.us.

Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the Agency within two 2 working hours of the time designated for receiving Bids.

In the event that multiple Subcontractor Disclosure Forms are submitted, the last version received prior to the deadline will be considered to be the intended version.

Bids not in compliance with the requirements of this Subsection will be considered non-responsive.

Article 17. Wage Rates

This project is subject to both federal and State prevailing wage rate requirements. Not less than the higher of the applicable federal or existing State prevailing wage rates shall be mailto:procurement@clackamas.us

Clackamas County Combined Bid Documents Page 10 paid to workers according to 00170.65(b) and 00170.65(e) of Section 12, General Conditions for Construction for Clackamas County.

Applicable Wages – Prevailing wage rates published in the following wage determinations and any applicable modifications or amendments apply to this Project and are incorporated by reference:

1. U.S. Department of Labor, “General Wage Determinations Issued under the Davis_Bacon and Related Acts: Oregon Highway Construction Projects”, available at https://beta.sam.gov/search?index=wd (Wage Determinations OnLine.gov) and

2. Oregon Bureau of Labor and Industries (BOLI), “Prevailing Wage Rates for Public Works Contracts in Oregon” available at https://www.oregon.gov/boli/WHD/PWR/pages/pw r_state.aspx (Oregon Prevailing Wage Rate Publications).

The applicable federal prevailing wage rates and the existing State prevailing wage rates last published prior to the time of Bid Closing, which is stated on the Notice of Public Contract Opportunity page, apply to this Project.

Modifications or amendments to the Davis- Bacon and BOLI wage rates applicable to this Project may occur any time before Bid Closing.

Bidders are responsible to monitor the respective web page(s) for modifications and amendments up to Bid Closing.

The applicable Davis-Bacon and BOLI wage rates will be included in the Contract.

Article 18. Employee Drug Testing Program Pursuant to ORS 279C.505(2), that the bidder has an employee drug testing program in place, and will maintain such program for the entire period of this contract. Failure to maintain such program shall constitute a material breach of contract.

Article 19. Additional Terms

Sections 00120 and 00130 of Section 12, General Conditions for Construction for

Clackamas County are hereby incorporated into these Instructions. In the event of a conflict between Sections 00120 and 00130 of the General Conditions for Construction for Clackamas County and terms contained in these Instructions, the terms contained in these Instructions shall control.

https://beta.sam.gov/search?index=wd

Clackamas County Combined Bid Documents Page 11

SECTION 3

Clackamas County Combined Bid Documents Page 12

PUBLIC IMPROVEMENT CONTRACT

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

Project Name: #2023-06 Canby (M.J. Lee) Ferry ITS Project

The following modify the Clackamas County “Instructions to Bidders” for this Project. Where a portion of the Instructions to Bidders has been modified by these Supplemental Instructions to Bidders, the unaltered portions shall remain in effect.

1. To be eligible for award under this Invitation to Bid, Bidders (prime contractors) must submit proof of ODOT prequalification in the Classes of Electrical (ELEC) to the County by the time of Bid Closing. County will reject Bids from Bidders who are not prequalified for the class of work indicated prior to the Bid Closing. (See 00120.00.)

1. Email of Bids - The County is requiring all bids for this project be electronically submitted.

Complete Bids (including all attachments) must be received by the closing time and date 2:00 p.m. Pacific Time, March 2, 2023. The Bid must be emailed to the following address:

https://bidlocker.us/a/clackamascounty/BidLocker. The email subject line must read “Bid for #2023-06 Canby (M.J. Lee) Ferry ITS Project.” Upon receiving of the bid, the County will send bidders an email confirmation acknowledging receipt. Bids delayed or lost by email system filtering or failures may be considered at Clackamas County’s sole and absolute discretion.

Bids will be publicly read aloud via the computer application, Zoom. Bidders will be allowed to video conference or listen by phone to the bid results. The projects Zoom meeting can be accessed via the information below:

ZOOM LINK

Join Zoom Meeting https://clackamascounty.zoom.us/j/85174106000

Meeting ID: 851 7410 6000 One tap mobile +14086380968,,85174106000# US (San Jose) 16694449171,,85174106000# US

Dial by your location +1 408 638 0968 US (San Jose)

+1 669 444 9171 US

+1 669 900 6833 US (San Jose)

+1 719 359 4580 US

+1 253 205 0468 US

+1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston)

+1 507 473 4847 US

https://clackamascounty.zoom.us/j/85174106000

Clackamas County Combined Bid Documents Page 13

+1 564 217 2000 US

+1 646 876 9923 US (New York)

+1 646 931 3860 US

+1 689 278 1000 US

+1 301 715 8592 US (Washington DC)

+1 305 224 1968 US

+1 309 205 3325 US

+1 312 626 6799 US (Chicago)

+1 360 209 5623 US

+1 386 347 5053 US

Meeting ID: 851 7410 6000 Find your local number: https://clackamascounty.zoom.us/u/kbvtuAGbt4

**The Apparent Low bid results will be posted to the projects OregonBuys listing as soon as possible following the bid opening.

https://clackamascounty.zoom.us/u/kbvtuAGbt4

Clackamas County Combined Bid Documents Page 14

SECTION 4

Clackamas County Combined Bid Documents Page 15

BID BOND

Project Name: #2023-06 Canby (M.J. Lee) Ferry ITS

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 Bid Document.

NOW, THEREFORE, if the bid proposal submitted by Principal is accepted, and if a contract pursuant to the bid proposal is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the Instructions to Bidders and executes and delivers to Obligee its good and sufficient Performance Bond and Payment Bond required by Obligee within the time fixed by Obligee, then this obligation shall be void; otherwise, it shall remain in full force and effect. Obligee may require payment under this bond if Principal fails to enter into a contract with Obligee on the terms and conditions set forth on the form of contract published with the bid solicitation within twenty (20) days of the notice of intent to award.

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

Clackamas County Combined Bid Documents Page 16

SECTION 5

Clackamas County Combined Bid Documents Page 17

BID PROPOSAL FORM

PROJECT #: 2023-06

PROJECT NAME: Canby (M.J. Lee) Ferry ITS BID CLOSING: March 2, 2023, 2:00 PM, Pacific Time BID OPENING: March 2, 2023, 2:05 PM, Pacific Time

FROM: __________________________________________________________________

Bidder’s Name (must be full legal name, not ABN/DBA)

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

1. Bidder is (check one of the following and insert information requested):

____a. An individual; or

____b. A partnership registered under the laws of the State of ____________________; or

____c. A corporation organized under the laws of the State of ____________________; or

____d. A limited liability corporation organized under the laws of the State of _____________________________;

and authorized to do business in the State of Oregon hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the total Bid as follows:

____________________________________________ Dollars ($__________________) and the Undersigned agrees to be bound by the following documents and any other Contract Documents as defined in Section 00110.20 of Section 12, General Conditions for Construction Clackamas County:

• Notice of Public Improvement Contract Opportunity

• Instructions to Bidders

• Supplemental Instructions to Bidders

• Bid Bond

• Bid Proposal Form and Bid Schedule of Prices

• Public Improvement Contract Form

• Affidavit of Non Collusion

• First-Tier Subcontractor Disclosure Form

• Certificate Regarding Ineligible Contractors

• Performance Bond and Payment Bond

• Prevailing Wage Rates

• Plans, Special Provisions and Drawings

• General Conditions for Construction for Clackamas County

• DBE, FHWA and ODOT Forms in Section 13

• ADDENDA numbered _______ through_______, inclusive (fill in blanks)

2. The Undersigned proposes to accept the total Bid in the attached Schedule of Prices, subject to adjustment for actual quantities completed during the course of work and any Amendment between the

Clackamas County Combined Bid Documents Page 18 parties, for the items or work designated in the Contract Documents, for which any adjustments in the Contract amount will be made in accordance with Section 12, General Conditions for Construction for Clackamas County.

3. The work shall be completed within the time stipulated and specified in Section 00180.50(h) of Section 12, Special Provisions that accompany the General Conditions for Construction for Clackamas County.

4. Accompanying herewith is Bid Security which is equal to ten percent (10%) of the total amount of the Basic Bid.

5. The Undersigned agrees, if awarded the Contract, to execute and deliver to Clackamas County, within ten (10) calendar days after receiving the Contract forms, a Contract Form, a Federal Tax Identification Number for the Contractor, and a satisfactory Performance Bond and Payment Bond each in an amount equal to one hundred percent (100% ) of the Contract sum, using forms provided by the County.

The surety requested to issue the Performance Bond and Payment Bond will be:

(name of surety company - not insurance agency)

The Undersigned hereby authorizes said surety company to disclose any information to the County concerning the Undersigned's ability to supply a Performance Bond and Payment Bond each in the amount of the Contract.

6. The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with Clackamas County; that the amount thereof is the measure of liquidated damages which the County will sustain by the failure of the Undersigned to execute and deliver the above-named Contract Form, Performance Bond and Payment Bond, each as published, and that if the Undersigned defaults in either executing the Contract Form or providing the Performance Bond and Payment Bond within ten (10) calendar days after receiving the Contract forms, then the Bid Security shall become the property of the County at the County's option; but if the Bid is not accepted within thirty (30) calendar days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Contract Form, Performance Bond and Payment Bond, the Bid Security shall be returned.

7. The Undersigned certifies that: (i) This Bid has been arrived at independently and is being submitted without collusion with and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit independent bidding or competition; and (ii) the contents of the Bid have not been communicated by the Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety on any Bond furnished with the Bid and will not be communicated to such person prior to the official opening of the Bid.

8. The undersigned HAS, HAS NOT (circle applicable status) paid unemployment or income taxes in Oregon within the past 12 months and HAS, HAS NOT (circle applicable status) a business address in Oregon. The undersigned acknowledges that, if the selected bidder, that the undersigned will have to pay all applicable taxes and register to do business in the State of Oregon before executing the Public Improvement Contract Agreement Form.

9. The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage.

Clackamas County Combined Bid Documents Page 19

10. Contractor's CCB registration number is ____________________________. As a condition to submitting a bid, a Contractor must be registered with the Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected, unless contrary to federal law.

11. The successful Bidder hereby certifies that all subcontractors who will perform construction work as described in ORS 701.005(2) were registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under the contract.

12. The successful Bidder hereby certifies that, in compliance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is ______________________________, Policy No. , and that Contractor shall submit Certificates of Insurance as required.

13. Contractor’s Key Individuals for this project (supply information as applicable):

Project Executive:__________________________, Cell Phone: ____________________, Project Manager: __________________________, Cell Phone: ____________________, Job Superintendent: ________________________, Cell Phone: ____________________, Project Engineer: __________________________, Cell Phone: ____________________.

14. The Undersigned pursuant to ORS 279A.110, the Bidder has not discriminated and will not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business in obtaining any required subcontracts. The Bidder understands that it may be disqualified from Bidding on this public improvement project if the Agency finds that the Bidder has violated subsection (1) of ORS 279A.110.

REMINDER: Bidder must submit a First-Tier Subcontractor Disclosure Form.

By signature below, Contractor agrees to be bound by this Bid.

NAME OF FIRM _______________________________________

ADDRESS _______________________________________

TELEPHONE NO _______________________________________

EMAIL _______________________________________

SIGNATURE 1) _______________________________________

Sole Individual or 2) _______________________________________ Partner or 3) _______________________________________ Authorized Officer of Corporation

* * * * * E N D O F B I D * * * * *

Canby (M.J. Lee) Ferry ITS Project Bid Schedule 11/10/2022

Bid Item # Item # Item Description Unit Quantity Unit Price Total Price

1 0210-0100000A MOBILIZATION LS 1

2 0221-0100000A TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 1

3 0222-0102000J TEMPORARY SIGNS SQFT 115

4 0223-0168000T FLAGGERS HOUR 500

5 0224-0104000E TEMPORARY BARRICADES, TYPE II EACH 8

6 0224-0105000E TEMPORARY BARRICADES, TYPE III EACH 2

7 0224-0145000E TEMPORARY PLASTIC DRUMS EACH 10

8 0228-0141600F PEDESTRIAN CHANNELIZING DEVICES FOOT 150

9 0228-0141950F BICYCLE CHANNELIZING DEVICES FOOT 150

10 0280-0100000A EROSION CONTROL LS 1

11 0280-0114020E INLET PROTECTION, TYPE 3 EACH 4

12 0280-0115080F SEDIMENT BARRIER, TYPE 8 EACH 200

13 0290-0100000A POLLUTION CONTROL PLAN LS 1

14 0305-0100000A CONSTRUCTION SURVEY WORK LS 1

15 0320-0100000A CLEARING AND GRUBBING LS 1

16 0987-0100000A INTERCONNECT AND COMMUNICATION SYSTEM LS 1

17 0987-0100000B ITS INSTALLATION, "AREA A" LS 1

18 0987-0100000C ITS INSTALLATION, "SIGN SITE 1" LS 1

19 0987-0100000D ITS INSTALLATION, "SIGN SITE 2" LS 1

20 0987-0100000E ITS INSTALLATION, "SIGN SITE 3" LS 1

21 0987-0100000F ITS INSTALLATION, "SIGN SITE 4" LS 1

PROPOSED COST BID SCHEDULE _________________________________________________________________________

(Numerically)

PROPOSED COST BID SCHEDULE _________________________________________________________________________

(Written in Words)

COMPANY NAME ________________________________________________________________________________________

AUTHORIZED SIGNATURE ________________________________________________________________________________

Clackamas County Combined Bid Documents Page 20

SECTION 6

Clackamas County Combined Bid Documents Page 21

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT: #2023-06 Canby (M.J. Lee) Ferry ITS

BID OPENING: March 2, 2023 2:00 PM, Pacific Time

Failure to submit this Form by the disclosure deadline will result in a nonresponsive bid.

INSTRUCTIONS:

This First-Tier Subcontractor Disclosure Form (“Form”) must be submitted and received at the location specified in the Notice of Public Improvement Contract Opportunity by the advertised Bid Closing, or within two working hours after the advertised Bid Closing Time.

The Form may be mailed, hand-delivered or emailed to: https://bidlocker.us/a/clackamascounty/BidLocker.

It is the responsibility of Bidders to submit this Form and any additional sheets with the Project name clearly marked on the envelope or the subject line of the email.

Subcontractor lists may be submitted with the bid in the same envelope or email at the Bid Closing date and time. Subcontractor lists MUST be submitted within two (2) hours of the Bid Closing date and time.

List below the name of each subcontractor that will be furnishing labor, or labor and materials, for which disclosure is required, the category of work that the subcontractor will be performing, and the dollar value of the subcontract. Enter “NONE” if the value of the project bid is less than $100,000 or there are no subcontractors that need to be disclosed. ATTACH ADDITIONAL SHEETS IF

NECESSARY.

SUBCONTRACTOR NAME DOLLAR VALUE CATEGORY OF WORK

1. ____________________________

2. ____________________________

3. ____________________________

4. ____________________________

5. ____________________________

6. ____________________________

The above listed first-tier subcontractor(s) are providing labor, or labor and material, with a Dollar Value equal to or greater than:

a) 5% of the total Contract Price, but at least $15,000. If the Dollar Value is less than $15,000 do not list the subcontractor above; or

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

Firm Name:

Bidder Signature: Phone #

Clackamas County Combined Bid Documents Page 22

SECTION 7

Clackamas County Combined Bid Documents Page 23

AFFIDAVIT OF NON-COLLUSION

STATE OF

COUNTY OF

I state that I am _____________________ (title) of ____________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:

(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other contractor, Proposer or potential Proposer, except as disclosed on the attached appendix.

(2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer.

(4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer.

(5) ________________________________________(name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by Clackamas County in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Clackamas County of the true facts relating to the submission of Offers for this contract.

(Authorized Signature)

(Name of Company/Position)

Sworn to and subscribed before me this day of , 2023.

Notary Public for Oregon My Commission Expires:

FAILURE TO SUBMIT THIS EXECUTED STATEMENT AS PART OF THE BIDING DOCUMENTS WILL MAKE THE BID

NON-RESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION.

Clackamas County Combined Bid Documents Page 24

CONGRESSIONAL LOBBYING CERTIFICATE

The undersigned certifies, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of ANY Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with THIS Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions [as amended by “Government-wide Guidance for New Restrictions on Lobbying,” 61 Federal Regulations 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)].

The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code (as amended by the Lobbying Disclosure Act of 1995).

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure or failure.]

The Bidder, __________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §3801, et seq., apply to this certification and disclosure, if any.

Date:

Company Name:

Signature:

Name:

(Print) Title: ______________________________________________________

NOTE: BIDDER IS REQUIRED PURSUANT TO FEDERAL LAW TO INCLUDE THE ABOVE LANGUAGE IN SUBCONTRACTS OVER $100,000 AND TO OBTAIN THIS LOBBYING CERTIFICATE FROM EACH SUBCONTRACTOR

BEING PAID $100,000 OR MORE UNDER…