BID 2025-83 KC Remodel - WES final.pdf

Clackamas Contract Form B-1 (10/25)

CLACKAMAS COUNTY

NOTICE OF PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

INVITATION TO BID #2025-83

Kellogg Creek WRRF Administration Building Remodel (Project P632311/700221311)

December 4, 2025

Clackamas County (“County”) on behalf of Water Environment Services through their Board of County Commissioners, is accepting sealed bids for the Kellogg Creek WRRF Administration Building Remodel (#P632311/700221311) Project until January 8, 2026, 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- 00015482.

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: $3,500,000.00

Contact Information Procurement Process and Technical Questions: Ryan Rice, rrice@clackamas.us

A Non- Mandatory Pre-Bid Conference will be conducted on December 16, 2025, at 11:00 AM.

Bidders shall meet with County representatives at 11525 SE McLoughlin Blvd, Milwaukie, Oregon 97222 for that purpose. Attendance will be documented through a sign-in sheet prepared by the County representative.

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.

State Prevailing Wage Prevailing Wage Rates requirements apply to this Project because the maximum compensation for all Owner-contracted Work is more than $50,000. Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates. The Bureau of Labor and Industries (BOLI) wage rates and requirements set forth in the following BOLI booklet (and any listed amendments to that booklet), which are incorporated herein by reference, apply to the Work authorized under this Agreement:

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:rrice@clackamas.us

Clackamas Contract Form B-1 (10/25)

PREVAILING WAGE RATES for Public Works Contracts in Oregon, July 5, 2025 and amended on October 5, 2025, which can be downloaded at the following web address:

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx The Work will take place in Clackamas County, Oregon.

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

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

Clackamas Contract Form B-2 (2/2023)

PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

Table of Contents

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

Section B-2……………………………………… Instructions to Bidders

Section B-3……………………………………… Supplemental Instructions to Bidders

Section B-4……………………………………… Bid Bond

Section B-5……………………………………… Bid Form

Section B-6……………………………………… Public Improvement Contract

Section B-9……………………………………… Performance Bond

Section B-10…………………………………….. Payment Bond

Section B-11…………………………………….. Project Information, Plans, Specifications and Drawings

PUBLIC IMPROVEMENT CONTRACT

INSTRUCTIONS TO BIDDERS

Clackamas County Local Contract Review Board Rules (“LCRB Rules”) govern this procurement process. LCRB Rules may be found at:

http://www.clackamas.us/code/documents/appendi xc.pdf. 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 “Owner.”

Article 1. Scope of Work

The work contemplated under this contract with the Owner, 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 Project Manual which includes, but is not necessarily limited to, the Notice of Public Improvement Contract Opportunity, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Form, Bid Bond, Public Improvement Contract Form, Performance Bond, Payment Bond, and Plans, Specifications and Drawings.

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. The Bidder shall also make a careful examination of the Project Manual including the plans, specifications, and drawings and other contract documents, and shall be fully informed as to the quality and quantity of materials and the sources of supply of the materials. Failure to take these steps will not release the successful Bidder from entering into the contract nor excuse the Bidder from performing the work in strict accordance with the terms of the contract at the price established by the Bid.

The Owner will not be responsible for any loss or for any unanticipated costs, which may be suffered by the successful Bidder, as a result of such

Bidder's failure to be fully informed in advance with regard to all conditions pertaining to the work and the character of the work required, including site conditions. No statement made by an elected official, officer, agent, or employee of the Owner in relation to the physical or other conditions pertaining to the site of the work will be binding on the Owner, unless covered by the Project Manual or an Addendum.

Article 3. Interpretation of Project Manual 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, specifications or forms of contract documents, or detects discrepancies or omissions, such Bidder may submit to the Architect (read "Engineer" throughout in lieu of Architect as appropriate) a written request for an interpretation thereof at least ten (10) 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 value, utility or merit other than that designated by the Architect in the Project Manual, the Bidder may submit to the Architect a written request for approval of such substitute at least ten

(10) 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 Architect may request.

To establish a basis of quality, certain processes, types of machinery and equipment or kinds of materials may be specified in the Project Manual either by description of process or by designating a http://www.clackamas.us/code/documents/appendixc.pdf http://www.clackamas.us/code/documents/appendixc.pdf 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" follow such name, designation or description, whether in fact they do so or not.

Any interpretation of the Project Manual or approval of manufacturer's material will be made only by an Addendum duly issued. All Addenda will be posted to the OregonBuys listing and will become a part of the Project Manual. The Owner will not be responsible for any other explanation or interpretation of the Project Manual nor for any other approval of a particular manufacturer's process or item for any Bidder.

When the Architect 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.

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 Owner, 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. The successful Bidder's check or Bid bond will be retained until the Bidder has entered into a contract satisfactory to Owner and furnished a one hundred percent (100%) performance bond and one hundred percent (100%) payment bond. The Owner 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 Owner, 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 Owner. The date of the acceptance of the Bid and the award of the contract as contemplated by the Project Manual 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 Owner.

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 by the seal of the surety corporation.

Article 6. Execution of the Bid Form

Each Bid shall be made in accordance with: (i) the sample Bid Form 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 Form relates to Bids on a specific Project

Manual. Only the amounts and information asked for on the Bid Form furnished will be considered as the Bid. Each Bidder shall Bid upon the work exactly as specified and provided in the Bid Form.

The Bidder shall include in the Bid a sum to cover the cost of all items contemplated by the Contract.

The Bidder shall Bid upon all alternates that may be indicated on the Bid Form. When Bidding on an alternate for which there is no charge, the Bidder shall write the words "No Charge" in the space provided on the Bid Form. If one or more alternates are shown on the Bid Form, the Bidder shall indicate whether each is "add" or "deduct."

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 form or other portions of the Project Manual, may be rejected in Owner’s sole and absolute discretion.

Article 8. Submission of Bid

Each Bid shall be sealed in an envelope, properly addressed to the Owner, 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.

Article 9. Bid Closing and Opening of Bids

All Bids must be received by the Owner 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.

Generally, Bid results will be posted to the Oregonbuys Website within a couple hours of the opening.

Article 10. Acceptance or Rejection of Bids by Owner

Unless all Bids are rejected, the Owner will award a contract based on the lowest responsive Bid from a responsible Bidder. If that Bidder does not execute the contract, it will be awarded to the next lowest responsible Bidder or Bidders in succession.

The Owner 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 Owner 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 opening 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.

In determining the lowest Bidder, the Owner reserves the right to take into consideration any or all authorized base Bids as well as alternates or combinations indicated in the Bid Form.

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. Withdrawal of Bid

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

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 Owner will provide the successful Bidder with contract forms 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 seven (7) calendar days after receipt of the contract forms. The contract forms shall be delivered to the Owner in the number called for and to the location as instructed by the Owner.

Article 13. Recyclable Products

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

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

Owner 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 OregonBuys 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 C-049-0450. Any award protest must be in writing and must be delivered by email, 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

Within two (2) working hours after the Bid Closing, all Bidders shall submit to the County a disclosure form identifying any first-tier subcontractors (those entities that would be contracting directly with the prime contractor) that will be furnishing labor and materials on the contract, if awarded, whose subcontract value would be equal to or greater than: (a) Five percent (5%) of the total contract price, but at least $15,000; or (b) $350,000, regardless of the percentage of the total contract price.

Disclosures may be submitted with the Bid or may be hand delivered to the Bid Closing address or emailed to the Contract Information Analyst listed on the Notice of Contract Opportunity.

Clackamas Contract Form B-3 (2/2023)

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

Project Name: # 2025-83 Kellogg Creek WRRF Administration Building Remodel (Project

P632311/700221311)

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. A Non-Mandatory Pre-Bid Conference will be conducted on December 16, 2025, at 11:00 AM. Bidders shall meet with County representatives at 11525 SE McLoughlin Blvd, Milwaukie, Oregon 97222 for that purpose. Attendance will be documented through a sign-in sheet prepared by the County representative.

2. Electronic Submissions: The County is requiring all bids for this project be electronically submitted. Complete Bids (including all attachments) 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. https://bidlocker.us/a/clackamascounty/BidLocker.

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:

Join Zoom Meeting https://clackamascounty.zoom.us/j/89742463103

Meeting ID: 897 4246 3103

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

3. Good Faith Effort: Clackamas County encourages participation in contracts by Historically Underrepresented Businesses. “Historically Underrepresented Businesses” are State of Oregon-certified and self-identified minority, women and emerging small businesses, as well as firms that are certified federally or by another state or entity with substantially similar requirements as the State of Oregon.

Bidders must perform Good Faith Effort (defined below) and submit Form 1 and Form 2 for the Bidders Bid to be considered responsive. Form 1 and Form 2 must be https://bidlocker.us/a/clackamascounty/BidLocker https://clackamascounty.zoom.us/j/89742463103

Clackamas Contract Form B-3 (2/2023) submitted within two (2) hours after the Closing Date and Time. Form 1 and Form 2 may be submitted to either the Contact Information Analyst listed on Notice of Contract Opportunity or via the https://bidlocker.us/a/clackamascounty/BidLocker listing.

“Good Faith Effort” is a requirement of a prime contractor to reach out to at least three Historically Underrepresented Business Subcontractors for each division of work that will be subcontracted out and to complete the required forms. If fewer than three Historically Underrepresented Business Subcontractors are reasonably available for a particular division of work, the Bidder must specifically note the reason for there being fewer than three contacts. The outreach should be performed with sufficient time to give the subcontractors at least 5 calendar days to respond to the opportunity. Form 3, which documents the actual amount of subcontractors on the project, must be submitted with the project final pay application. Compliance with the Good Faith Effort and submission of Forms 1, 2 and 3 is a contractual requirement for final payment.

The sufficiency of the documentation or the performance of Good Faith Effort shall be in the sole and absolute determination of Clackamas County. Only those Bidders that Clackamas County has determined have not sufficiently performed Good Faith Effort shall have protest rights of the determination for such Bidder.

No Bidder shall have protest rights of the sufficiency of any other Bidder completing Good Faith Effort.

Clackamas County GFE (12/2023) Page 1 of 4

GOOD FAITH EFFORT

SUBCONTRACTOR AND SELF-PERFORMED WORK LIST

(FORM 1)

Prime Contractor Name: Total Contract Amount:

Project Name: #2025-83 Kellogg Creek WRRF Administration Building Remodel (Project P632311/700221311)

PRIME SELF-PERFORMING: Identify below ALL GFE Divisions of Work (DOW) to be self-performed. Good Faith Efforts are otherwise required.

DOW BIDDER WILL SELF-PERFORM (GFE not required)

PRIME CONTRACTOR SHALL DISCLOSE AND LIST ALL SUBCONTRACTORS, including those Minority-owned, Woman-owned, and Emerging Small Businesses (“M/W/ESB”) that you intend to use on the project. Delivery via bid locker https://bidlocker.us/a/clackamascounty/BidLocker within 2 hours of the BID/Quote Closing Date/Time.

LIST ALL SUBCONTRACTORS BELOW

Use correct legal name of Subcontractor

(No Assumed Business Names)

Division of Work (Painting, electrical, landscaping, etc.)

List ALL DOW performed by Subcontractors

DOLLAR

AMOUNT OF

SUBCONTRACT

If Certified or self-reporting

MBE/WBE/ESB

Subcontractor

Check box

MBE

WBE

ESB

Name Address City/St/Zip Phone#

OCCB#

Address City/St/Zip

City/St/Zip

City/St/Zip

Clackamas County GFE (12/2023) Page 2 of 4

GFE SUBCONTRACTOR AND SELF-PERFORMED WORK LIST (FORM 1) cont’d

Prime Contractor Name: Total Contract Amount:

Project Name: #

(No Assumed Business Names)

Division of Work (Painting, electrical, landscaping, etc.)

DOLLAR

self-reporting

MBE/WBE/ESB

Subcontractor

Address City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

Clackamas County GFE (2/2023) Page 3 of 4

GOOD FAITH EFFORT

M/W/ESB CONTACT / BIDS RECEIVED LOG

(FORM 2)

Prime Contractor:

Project: #

Prime Contractor must contact or endeavor to contact at least 3 M/W/ESB Subcontractors for each Division of Work. Prime Contractor shall record its contacts with M/W/ESB Subcontractors through use of this log (or equivalent) entering all required information. All columns shall be completed where applicable. Additional forms may be copied if needed.

NAME OF M/W/ESB

SUBCONTRACTOR

Divisions of Work (Painting, electrical, landscaping, etc.)

Date Sollicitation Letter / Fax

Sent

PHONE CONTACT

BID ACTIVITY

Check Yes or No

REJECTED BIDS

(if bid received & not used)

Notes

Will Bid

Bid Received

Bid Used

Bid Amount Reason Not Used (Price, Scope or Other. If Other, explain in Notes>>)

Date of Call Person Receiving Call

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Clackamas County GFE (2/2023) Page 4 of 4

GOOD FAITH EFFORT

PROJECT COMPLETION REPORT

(FORM 3)

Prime Contractor Name: Total Contract Amount:

Project Name: #

Complete this form and submit with your request for final payment upon the project completion. Please list all subcontractors used for the project. Use additional sheets as necessary.

(No Assumed Business Names)

Division of Work (Painting, electrical, landscaping, etc.)

FINAL DOLLAR

self-reported

MBE/WBE/ESB

Subcontractor

Address City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

BY SIGNING BELOW, I HEREBY CERTIFY THAT THE ABOVE LISTED FIRMS HAVE BEEN UTILIZED BY OUR COMPANY IN THE AMOUNTS REPRESENTED ABOVE AND THAT

THE INFORMATION CONTAINED HEREIN IS COMPLETE AND ACCURATE. .

Authorized Signature of Contractor Representative Date

Clackamas County Contract Form B-4 (1/2017)

BID BOND

Project Name: #2025-83 Kellogg Creek WRRF Administration Building Remodel (Project P632311/700221311)

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

______________________________________________________________________ dollars.

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

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

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

Principal:_______________________________________

By:____________________________________________

Signature

Official Capacity

Attest:__________________________________________ Corporation Secretary

Surety:________________________________________

By: Attorney-In-Fact

City State Zip

Phone Fax

B-5 BID FORM

NOTE TO BIDDER: Use typewriter or ink for completing this Bid Form.

BID FORM

(STIPULATED PRICE BASIS)

PROJECT: #2025-83 Kellogg Creek WRRF Administration Building Remodel (Project P632311/700221311)

BID CLOSING: January 8th, 2026 2:00 p.m., Pacific Time BID OPENING: January 8th, 2026, 4:00 p.m., Pacific Time

1. BID RECIPIENT

1.1. This Bid is submitted to: https://bidlocker.us/a/clackamascounty/BidLocker

1.2. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2. BIDDER’S ACKNOWLEDGEMENTS

2.1. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

3. BIDDER’S REPRESENTATIONS

3.1. In submitting this Bid, Bidder represents that:

3.1.1. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

(Bidder shall insert number of each Addendum received.)

3.1.2. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3.1.3. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

3.1.4. Bidder has carefully studied: i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable “technical data,”; and

ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable “technical data.”

3.1.5. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site;

information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

3.1.6. Based on information and observations referred to in paragraph above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

3.1.7. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

3.1.8. Bidder has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

3.1.9. The Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for the performance of the Work for which this Bid is submitted.

3.1.10. Bidder by signing below hereby attests or affirms under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding payment of taxes, and that

Contractor is to the best of my knowledge, not in violation of any Oregon tax Laws. For the purposes of this certification, “Oregon Tax Law” means a state tax imposed by ORS 320.005 to 320.150; ORS 403.200 to 403.250;

ORS Chapters 1118, 314, 316, 317, 318, 320, 321, 323, the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax law administered by the Oregon Department of Revenue under ORS 305.620.

4. BIDDER’S CERTIFICATION

4.1. Bidder certifies:

4.1.1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation;

4.1.2. The Undersigned certifies that it has not discriminated against minority, women, or emerging small businesses in obtaining any subcontracts for this project;

4.1.3. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

4.1.4. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

4.1.5. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this paragraph:

4.1.5.1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

4.1.5.2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish Bid prices at artificial noncompetitive levels, or

(c) to deprive Owner of the benefits of free and open competition;

4.1.5.3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and

4.1.5.4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

4.1.6. Required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Bidder to separately itemize the estimated amount of sales tax or if Instructions to Bidders state Owner is tax exempt.

4.1.7. Bidder accepts the provisions required by ORS 279C.800 through ORS 279C.870 and the Davis Bacon Act (40 USC 276a) relating to prevailing wage rates and that Bidder shall make applicable restitution to the Oregon Bureau of Labor and Industries Commissioner in accordance with

ORS 279C.825.

4.1.8. Neither Bidder nor their Subcontractors are on the Bureau of Labor and Industries list of persons having violated prevailing wage rate laws.

4.1.9. Bidder has not discriminated against minority, women, or emerging small business enterprises in obtaining required subcontracts.

4.1.10. Bidder has established a drug-testing program for employees per

ORS 279C.505.

4.1.11. 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 ORS 701.055 at the time the subcontractor(s) made a bid to work under the contract.

4.1.12. 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 Owner 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 twenty (20) calendar days after receiving the Contract forms, then the Bid Security shall become the property of the Owner at the Owner'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.

4.1.13. 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.

4.1.14. Bidder by signing below hereby attests or affirms under penalty of perjury: That I am authorized to act on behalf of the contractor in this matter that I have authority and knowledge regarding payment of taxes, and that Contractor is to the best of my knowledge, not in violation of any Oregon tax Laws. For the purposes of this certification, “Oregon Tax Law” means a state tax imposed by ORS 320.005 to 320.150; ORS 403.200 to 403.250;

ORS Chapters 118, 314, 316, 317, 318, 320, 321, 323, the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax law administered by the Oregon Department of Revenue under ORS 305.620.

5. BASIS OF BIDS

5.1. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s):

5.2. Lump Sum Bid Price (excluding items listed in bid alternate schedule):

5.3. Bid Alternate Items:

5.3.1. Bidder agrees to accept as full payment for furnishing the items listed, and any Work necessary to install the items, for the unit prices included in the “Bid Column” column for each item.

5.3.2. Additional instructions for the Bidders are as follows:

5.3.2.1. Bidder must provide a Bid Amount for Item 1, to be

considered responsive.

5.3.2.2. The Bid Amount price shall include the number of units in the Bidding Documents and all associated equipment and systems identified in the specification sections listed as the responsibility of the equipment manufacturer.

5.3.2.3. Bidder must provide a Bid Amount for Item 2, to be

considered responsive.

5.3.2.4. The Bid Amount price shall include the number of units in the Bidding Documents and all associated equipment and systems identified in the specification sections listed as the responsibility of the equipment manufacturer.

5.3.3. Evaluation and selection of alternatives will be made after selection of the Contractor.

5.3.3.1.1. Selection of the alternate to be provided will be

made by Owner from those priced by Bidder as best serves the interest of Owner.

5.3.3.1.2. Include in the Alternative Amount for Bidder-

proposed alternates the cost of Work and any anticipated redesign and construction changes and any other modifications to the Work necessary to make the parts fit together and perform as specified.

5.3.3.1.3. Any schedule delays caused by Owner’s selection of an alternate other than Item A will not constitute grounds for a contract adjustment.

5.3.3.1.4. The Bidder must include the subtotal cost of the “1” listed item in this Section in the blank space provided.

5.3.4. Bid Alternate Schedule

Section 10-16-00: Toilet Compartments – Sheet G002 - Bid Alternate 1

Item Manufacturer or Supplier Alternative

Amount Bid Amount

1 Bobrick $

2 $

3 $

5.3.4. Bid Alternate Schedule Subtotal (Bid Amount Item 1 above):

Subtotal: $_______________________________________________

5.4. Base Bid Summary:

5.4.1. Base Bid Summary: Enter amounts from previous Subtotals:

Line Item Description Amount

5.2. Lump Sum Subtotal $

5.3.4 Bid Alternate Subtotal $

5.4.2. Base Bid (Total of Above) for determination of low bidder:

(figures)

(words)

The amount in words takes precedence.

6. TIME OF COMPLETION

6.1. Bidder agrees the Work will be substantially complete within 274 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 304 calendar days after the date when the Contract Times commence to run.

6.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work, and any specified Milestones, within the Contract Times.

7. ATTACHMENTS TO THIS BID

7.1. The following documents are submitted with and made a condition of this Bid:

7.1.1. Required Bid security in the form of Bid Bond.

7.1.2. First Tier Subcontractor Disclosure Form (required within 2 hours of Bid closing).

7.1.3. Good Faith Effort Forms 1 and 2

8. DEFINED TERMS

8.1. The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

9. BID SUBMITTAL

9.1. This Bid submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By (signature):

Doing business as:

A Partnership

Partnership Name: (SEAL)

By:

(Signature of general partner – attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature – attach evidence of authority to sign)

Name (typed or printed):

Title: (CORPORATE SEAL)

Attest:

(Signature of Corporate Secretary)

Date of Qualification to do business in Oregon is:

A Joint Venture

Joint Venturer Name: (SEAL)

By:

(Signature of joint venture partner – attach evidence of authority to sign)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder’s Business Address:

Phone No.: FAX No.:

E-mail:

SUBMITTED on , 20

Oregon Contractor’s License No.:

Contractor’s License Class (where applicable):

Bidder is an Oregon company as defined in ORS 279A.120.

_____ Yes _____ No

END OF SECTION

B-6 Agreement Form

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT

This Agreement is by and between Water Environment Services (“Owner”), an intergovernmental entity formed pursuant to Oregon Revised Statutes Chapter 190, and (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions, both identified more specifically in Article 7 below. All references to General Conditions implicitly include a reference to any modifications made by the Supplementary Conditions to the same paragraph.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Remodel the existing administration building at the Kellogg Wastewater Recovery Facility and construct additions of approximately 1,550 sf. Existing locker and break rooms currently located elsewhere on campus will be moved to this building. The addition will include dedicated conference and break rooms which may be combined into a larger community meeting room by opening a folding partition. The existing building interior will be remodeled with new floors, walls, doors, roofing and limited new siding and fenestration. MEP systems will be largely remodeled and refreshed, and new finishes will be installed throughout. Additional plumbing fixtures and restroom facilities will be added.

ARTICLE 2—THE PROJECT

2.01 THE PROJECT, OF WHICH THE WORK UNDER THE CONTRACT DOCUMENTS IS A PART, IS

GENERALLY DESCRIBED AS FOLLOWS:

Renovation of the existing 3600 SF Administration Building and construction of approximately 1200 SF at the east end of the building and a small addition at the west end. The existing locker rooms and a break room currently housed elsewhere will be relocated to the Administration Building. The existing conference room, offices and lab in the Administration Building will be reconfigured to support current operations. The improvements will provide enhanced work space for current staff, equitable locker room facilities for women and men and important structural and code upgrades for the building. In addition to the building improvements, native trees and shrubs will be added near the building.

ARTICLE 3—ENGINEER

3.01 The Owner has retained DECA Architecture, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Engineer.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.03 Contract Times: Days

A. The Work will be substantially complete within 274 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 304 days after the date when the Contract Times commence to run.

4.04 Milestones

A. Parts of the Work must be substantially completed on or before the following Milestone(s):

1. Milestone 1: Installation of conduit from HH-1 to HH-2 must be completed within 40 days after the date when the Contract Times commence.

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Final Completion: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500.00 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of each

Milestone, until each Milestone is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

4. Liquidated damages for failing to timely attain Milestones Substantial Completion and Final Completion are not additive, and will not be imposed concurrently.

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Work, a lump sum of $ . All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

B. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about 30 days following receipt of an Application for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. Ninety-five (95) percent of the value of the Work completed (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to One-hundred (100) percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less Two-hundred (200) percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

C. Alternatives to Retainage

1. In lieu of retainage, Contractor may elect to have accumulated funds deposited by Owner in an interest-bearing account, in accordance with ORS 279C.560. Interest on such an account would accrue to Contractor. Costs incurred by Owner as a result of this option will be deducted from Contractor’s final payment.

2. In lieu of retainage, Contractor, with the approval of Owner, may deposit a surety bond for all or any portion of the retainage in a form acceptable to Owner.