Bid Notice-Buxton Road Pedestrian Improvements.pdf

ITB-2-2027

Buxton Road Pedestrian Improvements

(South of Historic Columbia River Hwy.)

CONTRACT AND

SPECIFICATIONS FOR CONSTRUCTION

Purchasing

501 SE Hawthorne Blvd., Suite 320 Portland, Oregon 97214

Contact Person: Tessa Godat, Senior Procurement Analyst E-Mail address: Tessa.Godat@multco.us

CONTRACTOR NAME

ADDRESS

CITY/STATE/ZIP

E-MAIL

TELEPHONE

ITB-2-2027 Page 1

ITB-2-2027

Table of Contents

Bid Documents Bidder’s Checklist Bid Statement and Bid Schedule Bid Bond State of Oregon First Tier Subcontractor Disclosure Requirements Good Faith Effort Program Checklist Workforce Training and Hiring Program Contract Contract Exhibits

Exhibit 1 – Intentionally Omitted Exhibit 2 – Insurance Requirements Exhibit 3 – Certification Statement for Corporation or Independent Contractor Exhibit 4 – Worker’s Compensation Exemption Certificate Exhibit 5 – Equal Employment Opportunity Certification Exhibit 6 – Title VI Assurances for Consultants, Contractors, Subcontractors

Suppliers and Manufacturers Payment Bond Performance Bond Professional of Record Certification(s) Specifications

Section 00110 – Organization, Conventions, Abbreviations and Definitions Section 00120 – Bidding Requirements and Procedures Section 00130 – Award and Execution of Contract Section 00140 – Scope of Work Section 00150 – Control of Work Section 00160 – Source of Materials Section 00165 – Quality of Materials Section 00170 – Legal Relations and Responsibilities Section 00180 – Prosecution and Progress Section 00190 – Measurement of Pay Quantities Section 00195 – Payment Section 00196 – Payment for Extra Work Section 00197 – Payment for Force Account Work Section 00199 – Disagreements, Protests, and Claims Section 00210 – Mobilization Section 00220 – Accommodations for Public Traffic Section 00221 – Common Provisions for Work Zone Traffic Control Section 00222 – Temporary Traffic Control Signs Section 00223 – Work Zone Traffic Control Labor and Vehicles Section 00224 – Temporary Traffic Channelizing Devices Section 00228 – Temporary Pedestrian and Bicyclist Routing Section 00280 – Erosion and Sediment Control Section 00290 – Environmental Protection Section 00305 – Construction Survey Work Section 00310 – Removal of Structures and Obstructions Section 00320 – Clearing and Grubbing Section 00445 – Sanitary, Storm, Culvert, Siphon, and Irrigation Pipe Section 00470 – Manholes, Catch Basins, and Inlets Section 00490 – Work on Existing Sewers and Structures

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Section 00640 – Aggregate Base and Shoulders Section 00744 – Asphalt Concrete Pavement Section 00759 – Miscellaneous Portland Cement Concrete Structures Section 00759 – Tactile Surface Indicators Section 00856 – Surface Mounted Tubular Markers Section 00902 – Crosswalk Closure Supports Section 00905 – Removal and Reinstallation of Existing Signs Section 00910 – Wood Sign Posts Section 00940 – Signs Section 01040 – Planting Section 01140 – Potable Water Pipe and Fittings Section 01160 – Hydrants and Appurtenances Section 02510 – Reinforcement Section 02630 – Base Aggregate

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BID DOCUMENTS

DESCRIPTION OF WORK

Buxton Road Pedestrian Improvements

Drainage, Paving, Curb Ramps, Signing

MULTNOMAH COUNTY

TIME AND PLACE OF RECEIVING BIDS

Bids must be received prior to 2:00 p.m. on September 15, 2026. Bids submitted after the time set for receiving bids will not be opened or considered.

Bids must be submitted electronically through the Multco Marketplace Supplier Network. Bidders will need to register at this portal in order to submit a bid. To Access Multco Marketplace and this Sourcing Event, visit https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=Multnomah then scroll down to the listing for this project. Bids must be received by the date and time indicated above. Email or paper submissions are not allowed.

Bids for the work described above will be opened and read virtually by the Point of Contact on Tuesday, September 15 · 2:15 pm. Video call link: https://meet.google.com/syv-awdc-pfm Or dial: 0181-365-(US) +1 520 PIN: 685 454 521# More phone numbers: https://tel.meet/syv-awdc-pfm?pin=2375474837604

Pre-Bid Meeting:

The Agency will hold an optional pre-bid meeting by videoconference on Thursday, August 20 · 1:00 pm. Video call link: https://meet.google.com/skp-uzde-cxi Or dial: 7839-909-(US) +1 414 PIN: 609 351 909# More phone numbers: https://tel.meet/skp-uzde-cxi?pin=3316416107384

Point of Contact, Person to Receive Bids:

For questions regarding this Invitation to Bid or for technical assistance regarding electronic submission, submit all questions to the Sourcing Event Questions and Answers Board (Q&A Board).

If you are unable to access the Q&A Board, you may contact the Procurement Analyst list below:

Tessa Godat Multnomah County Purchasing

(503) 988-8193 E-Mail Address:Tessa.Godat@multco.us

CLARIFICATION/PROTEST: Any bidder requiring clarification or protesting any of the Specifications must submit specific questions in writing electronically through the Sourcing Event Q&A Board at least ten (10) calendar days prior to the bid opening date.

A written response will be provided via the Q&A Board to those questions that are deemed appropriate. Oral instructions of information concerning the Specifications provided by County officers, employees, or agents to prospective bidders shall not bind the County. See also 00120.15.

ADDENDA: Addenda will be posted and provided via the Q&A Board of Multco Marketplace to all known Bidders participating in the sourcing event, no later than five (5) calendar days prior to the

ITB-2-2027 Page 4 bid opening date. After the bid closing date, any claims or misunderstanding in regard to the nature, quality or description of the item(s) to be supplied by this Invitation to Bid will be considered waived.

See also 00120.30.

COMPLETION TIME LIMIT

Complete all Work to be done under the Contract not later than December 18, 2026. See 00180.

CLASS OF PROJECT

This is a locally-funded Multnomah County project

CLASS OF WORK

The Class(es) of Work for this Project: Miscellaneous Highway Appurtenances (MHA

PREQUALIFICATION

The Agency will only consider a Bid from a Bidder who is prequalified by ODOT in the Class or Classes of Work specified in the Class Of Work section above, as of the date bids are opened. For those Bidders who are not prequalified with ODOT or not prequalified in the applicable Class or Classes of Work specified in the Special Provisions, in order for the Bidder’s Bid to be considered, the Bidder must submit a Prequalification Application or an Amendment to ODOT at least 10 days before Bid Opening. The Bidder should also submit a copy of the Application or Amendment submitted to ODOT, to the Multnomah County Purchasing Office with the Bid. See also 00120.00.

PREVAILING WAGE RATES

Applicable BOLI rates for this project will be taken from the publication “Prevailing Wage Rates for Public Works Contracts in Oregon” dated July 5, 2026. BOLI prevailing wage rates are located at:

https://www.oregon.gov/ODOT/Business/Pages/Project-Wages.aspx The applicable BOLI wage rates will be included in the contract.

APPLICABLE SPECIAL PROVISIONS

The Special Provisions applicable to the above-described work, for which Bids will be opened at the time and place stated above, is that which contains the exact information as shown above. Bidders are cautioned against basing their Bids on a booklet bearing any different description, date(s), class of project, or class of work.

The General Conditions for Construction for Multnomah County (2024) published by the Agency is available at https://multco.us/specs. Section 200 – 3000 of the 2024 Oregon Standard Specifications for Construction is available at:

https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx

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BIDDER’S CHECKLIST FOR CONSTRUCTION (TRANSPORTATION)

Items are required submittals only when an ‘X’ appears in the checkbox

If checked , upload the following to the Supplier Attachments page with your completed bid:

ODOT Prequalification: Bidder must be prequalified with ODOT in the Class(es) of Work specified below at the time of bid opening or submit proof that an Application or Amendment was submitted to ODOT at least 10 calendar days prior to bid opening. If an Application or Amendment was submitted to ODOT, bidder must provide a copy with their bid as a Supplier Attachment

Bid Guaranty: Upload an electronic copy of a Bid Bond with Power of Attorney, certified check or cashier’s check, payable to Multnomah County in the amount of ten percent (10%) of the maximum bid price. The Bid Bond shall be on a form similar to the included bond form. Upload this document to the Supplier Attachment section of Multco Marketplace when you submit your bid.

If checked the following form(s) may be submitted electronically with your bid (preferred), or submitted separately. If submitted separately from the bid, additional instructions for uploading the required documents through the Q&A Board will be sent to you through the Q&A board of the Sourcing Event after the bid closes. All documents below must be submitted by 4:00 p.m. on the bid due-date. Bids not in compliance will be rejected as non-responsive.

State of Oregon First Tier Subcontractor Disclosure Form: List all subcontractors who will supply labor or labor and materials.

Multnomah County Good Faith Effort Program Subcontractor and Self Perform List (Form 1): Complete and submit this form following instructions in the Good Faith Effort Program documentation in this Bid Document. All divisions of work must be included on Form 1, including work self-performed by the bidder.

Multnomah County Good Faith Effort Program COBID-Certified Subcontractors, Contact and Bids Received Log (Form 2): Complete and submit this form and supporting documentation. See instructions in the Good Faith Effort Program documentation in this Bid Document.

If checked the following submittals will be due following bid opening as described in the Program information section of this book

Multnomah County Workforce Training & Hiring Program Submittals: If checked, this project is subject to additional submittals including Projected Hiring Needs within 15 days after bid opening, if your firm is the low bidder. See Program-specific checklist.

Failure to submit forms requested above by the date(s) and time(s) using the method(s) specified will result in the bid being rejected as non-responsive

Miscellaneous Highway Appurtenances (MHA)

Outreach to COBID firms for each subcontracting category is required, including self-performed work.

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BID STATEMENT

1. The undersigned Bidder proposes and agrees if this bid is accepted, to enter into an

Agreement with Multnomah County in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price, within the Contract Time indicated in this Bid, and in accordance with the Contract Documents.

2. Bidder is a Resident Bidder, Non-resident bidder as defined in ORS 279A.120.

If a Non-resident Bidder, enter state of residency: _______________________

ORS 279A.120 (2)(b) states that a public contracting agency shall, for the purpose of awarding the contract, “add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.”

“Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “resident bidder”. (ORS 279A.120 (1)(b))

“Non-resident bidder” means a bidder who is not a “resident bidder” as defined above.

(ORS 279A.120 (1)(a))

3. In submitting this Bid, Bidder represents that:

(a) Bidder accepts all of the terms and conditions of the Instructions to Bidders, including, without limitation those dealing with the disposition of Bid Security. Bidder will sign the Contract Agreement and submit the Performance Bond and Payment Bond and other documents required by the Contract Documents within fifteen (15) days of receipt of Contract for signature;

(b) Bidder has not discriminated against minority, women, or emerging small business enterprises in obtaining any required subcontracts in accordance with ORS 279A.110;

(c) Bidder has examined the Bid Documents, the Advertisement of Invitation to Bid, the

Instructions to Bidders and the following addenda, receipt of which is hereby acknowledged:

Date Number

ITB-2-2027 Page 7

(d) Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary;

(e) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for Bidder any advantage over any other Bidder or over Multnomah County;

(f) Consideration was given to waiving bonding requirements for M/W/ESB subcontractors.

In addition, all subcontractor’s bids have been treated the same for purposes of binding requirements;

(g) Bidder has an employee drug testing program in place as required by ORS 279C.505;

(h) Bidder is not disqualified as a bidder on public contracts by any public contracting agency;

(i) Bidder is not disqualified to hold a contract for a public improvement by the Construction

Contractors Board;

(j) Bidder accepts the provisions of the Special Provisions, including as to liquidated damages in the event of failure to complete the Work on time;

(k) Contractor and every subcontractor must have a public works bond filed with the

Construction Contractors Board before starting work on the project, unless exempt.

(ORS297C.830(2)(a); OAR 839-025-0020(6)e);

(l) Contractor shall include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt. ORS 279C.830(2)(b)(B); OAR 839-025 0020(3)(b)

(m) Bidder will comply with the provisions of ORS 279C.840 or 40 USC 276(a) as applicable concerning prevailing wage;

(n) On projects subject to both Oregon Prevailing Wage Law and the federal Davis-Bacon Act, Contractors shall pay the higher of the applicable state or federal prevailing wage.

ORS 279C.830(1)(b); OAR 839-025-0020(6)(c);

(o) Workers must be paid not less than the applicable prevailing rate of wage in accordance with ORS297C.838 and 279C.840. ORS 279C.830(1)(c); OAR 839-025 0020(5)(a);

(p) If the contractor fails to pay for labor and services, the agency can pay for them and withhold these amounts from payments to the contractor. ORS 279C.515; OAR 839-025- 0020(2)(a);

(q) Contractor must pay daily, weekly, weekend and holiday overtime as required in ORS 279C.540. ORS 279C.520(1); OAR 839-025-0020(2)(b);

ITB-2-2027 Page 8

(r) Employer (Contractor) must give written notice to the workers of the number of hours per day and days per week they may be required to work. ORS 279C.520(2); OAR 839 025- 0020(2)(c);

(s) Contractor must make prompt payment for all medical services for which the contractor has agreed to pay, and for all amounts for which the contractor collects or deducts from the worker’s wages. ORS 279C.530; OAR 839-025-0020(2)(d);

4. Bidder will perform the work in accordance with the Bid Specifications, Plans and requirements, and will comply in all respects with the terms of the resulting Contract upon award.

5. Supplier invoices must include the following payment information:

a. “Billed to Multnomah County”;

b. A unique invoice number;

c. An invoice date;

d. The supplier’s name and address matching the official electronic supplier record;

e. Total amount due;

f. Multnomah County Contract or Purchase Order number;

g. An itemized description of goods or services delivered;

h. Detailed units of measure, price per hunt, hours worked, and extended amount per line as applicable; and

i. If the original invoice was lost or destroyed and replaced, the replacement invoice must be marked “duplicate.”

6. Bespoke Fabrication: Pursuant to OAR 839-025-0004(30a)(G)(i), the County has determined that no offsite fabrication or bespoke work has been identified for this project at the time of bidding.

If the Contractor or their Subcontractors who may be performing the work become aware of any offsite fabrication or bespoke work pursuant to OAR 839-025-0004(4)(a), their bids or subcontracting bids must include the Oregon BOLI Prevailing Wage Rate at the project’s physical location.

Safe Harbor Exemptions: Offsite work is exempt from the Oregon BOLI Prevailing Wage Rate if it includes the following work:

• Standard Catalog Inventory: Contractors do not need to factor in prevailing wages for items built according to purely standard dimension profiles (e.g., standard catalogue equipment or uniform mass-timber sizing without project-specific cuts).

• Pre-Solicitation Work: Any custom fabrication that was completely executed and finalized before this solicitation was published, is entirely exempt.

Contractor and their Subcontractors will be contractually required to provide the County with explicit written notice of any offsite fabrication or bespoke work that will be performed at a site, other than the project's physical location.

7. The total Contract Price set forth below is based on the unit prices set forth in the following

Bid Schedule.

(See Bid Schedule, next page)

ITB-2-2027 Page 9

BID # _________________

BID SCHEDULE - SHEET 1 of 5

Project title: Buxton Road Pedestrian Improvements

ITEM

# DESCRIPTION SPEC.

REF. UNIT EST.

QTY. UNIT PRICE IN WORDS UNIT PRICE AMOUNT

010 MOBILIZATION 0210-

0100000A LS 1 $ $

020 TEMPORARY PROTECTION AND

DIRECTION OF TRAFFIC

0221-

0100000A LS 1 $ $

030 TEMPORARY SIGNS 0222-

0102000J SQFT 218.00 $ $

040 FLAGGERS 0223-

0168000T HOUR 1,520.00 $ $

050 TEMPORARY BARRICADES,

TYPE II

0224-

0104000E EACH 7.00 $ $

060 TEMPORARY BARRICADES,

TYPE III

0224-

0105000E EACH 1.00 $ $

070 PEDESTRIAN CHANNELIZING

DEVICES

0228-

0141600F FOOT 44.00 $ $

080 TEMPORARY CURB RAMP,

PERPENDICULAR

0228-

0167670E EACH 2.00 $ $

090 EROSION CONTROL 0280-

0100000A LS 1 $ $

100 CONCRETE WASHOUT FACILITY 0280-

0112500E EACH 3.00 $ $

FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN REJECTION OF THE BID

ITB-2-2027 Page 10

BID SCHEDULE - SHEET 2 of 5

REF. UNIT EST.

QTY. UNIT PRICE IN WORDS UNIT PRICE AMOUNT

110 INLET PROTECTION, TYPE 11 0280-

0114110E EACH 10.00 $ $

120 POLLUTION CONTROL PLAN 0290-

0100000A LS 1 $ $

130 CONSTRUCTION SURVEY WORK 0305-

0100000A LS 1 $ $

140 REMOVAL OF SURFACINGS FOR

CURB RAMP CONSTRUCTION

0310-

0103000J SQYD 860.00 $ $

150 REMOVAL OF INLETS 0310-

0104000E EACH 3.00 $ $

160 REMOVAL OF STRUCTURES

AND OBSTRUCTIONS

0310-

0106000A LS 1 $ $

ASPHALT PAVEMENT SAW

CUTTING, 6" to 14" INCHES

DEEP

0310-

0119000F FOOT 600.00 $ $

180 CONCRETE SAWCUTTING, LESS

THAN 6" INCHES DEEP

0310-

0119200F FOOT 80.00 $ $

190 CLEARING AND GRUBBING 0320-

0100000A LS 1 $ $

200 12 INCH STORM SEWER PIPE, 5

FT DEPTH

0445-

035012AF FOOT 39.00 $ $

ITB-2-2027 Page 11

BID SCHEDULE - SHEET 3 of 5

REF. UNIT EST.

QTY. UNIT PRICE IN WORDS UNIT PRICE AMOUNT

210 10 INCH DUCTILE IRON PIPE, 5

FT DEPTH

0445-

060010AF FOOT 9.00 $ $

220 CONCRETE STORM SEWER

MANHOLES

0470-

0101000E EACH 1.00 $ $

230 CONCRETE INLETS, TYPE G-2 0470-

0315000E EACH 3.00 $ $

240 CONNECTION TO EXISTING

STRUCTURES

0490-

0104000E EACH 4.00 $ $

250 FILLING ABANDONED

STRUCTURES

0490-

0117000E EACH 3.00 $ $

260 ADJUSTING WATER VALVES 0490-9Z9 EACH 3.00 $ $

270 ADJUSTING GAS VALVES 0490-9Z9 EACH 1.00 $ $

280 ADJUSTING INLETS 0490-

0105000E EACH 2.00 $ $

290 MINOR ADJUSTMENT OF

MANHOLES

0490-

0120000E EACH 3.00 $ $

300 EXTRA FOR MANHOLES OVER

EXISTING SEWERS

0490-

0123000E EACH 1.00 $ $

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BID SCHEDULE - SHEET 4 of 5

REF. UNIT EST.

QTY. UNIT PRICE IN WORDS UNIT PRICE AMOUNT

310 AGGREGATE BASE 0640-

0100000M TON 190.00 $ $

320 LEVEL 3, 1/2 INCH ACP MIXTURE 0744-

0302000M TON 200.00 $ $

330 CONCRETE CURBS, CURB AND

GUTTER

0759-

0103000F FOOT 390.00 $ $

340 CONCRETE CURBS, STANDARD

CURB

0759-

0110000F FOOT 71.00 $ $

350 CONCRETE WALKS 0759-

0128000J SQFT 2,770.00 $ $

360 TRUNCATED DOMES ON NEW

SURFACES, CURB RAMP

0765-

0100000J SQFT 71.00 $ $

370 PERMANENT SURFACE

MOUNTED TUBULAR MARKERS

0856-

0101000E EACH 6.00 $ $

380 CROSSWALK CLOSURE

SUPPORTS

0902-

0100000E EACH 2.00 $ $

390 REMOVE AND REINSTALL

EXISTING SIGNS

0905-

0101000A LS 1.00 $ $

400 WOOD SIGN POSTS 0910-

0100000K EACH 3.00 $ $

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BID SCHEDULE - SHEET 5 of 5

REF. UNIT EST.

QTY. UNIT PRICE IN WORDS UNIT PRICE AMOUNT

410 SIGNS, STANDARD SHEETING,

SHEET ALUMINUM

0940-

0202000J SQFT 12.00 $ $

420 BARK MULCH 1040-

0190000K LS 1.00 $ $

430 ROCK MULCH 1040-

0196000M TON 0.40 $ $

440 6" INCH DUCTILE IRON PIPE

WITH CLASS B BACKFILL

1140-

0400000F FOOT 24.00 $ $

450 DUCTILE IRON PIPE BEND, 6

INCH

1140-

0650000E EACH 2.00 $ $

460 HYDRANT ASSEMBLIES 1160-

0100000E EACH 1.00 $ $

XX

XX

XX

TOTAL CONTRACT PRICE:

Total Contract Price in Words:

Enter Total Contract Price on the Items page of Multco Marketplace

ITB-2-2027 Page 14

6. Bidder acknowledges that this Work must be completed within the time limits set forth in Section

00180.50 of the General Conditions.

7. Accompanying this Bid is ("Bidder's Bond", "Cash", or Certified Check") in the amount of Dollars ($ ), which amount is not less than ten (10) percent of the total amount of the bid.

8. The name of the surety which will provide the performance bond if the contract is awarded to

Bidder and the name and address of the surety's local agent are as follows:

Name of Surety

Name of Agent

Phone # of Agent

Address of Agent ______

9. Business Designation (check one): ___Sole Proprietorship, ___Partnership, ___Corporation, ___ Limited Liability Company, ___ Other (Specify):_________________.

10. Bidder Name: _________________________________________________

Bidder Mailing Address:__________________________________________

Bidder Telephone Number: _______________________________________

Bidder Email Address: __________________________________________

If Incorporated, State of Incorporation: ______________________________

11. CCB Number: Expiration Date: _______________

12. Bidder certifies to the best of its knowledge and belief that neither it nor any of its principals:

(a) Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from submitting bids or proposals by any federal, state or local entity, department or agency;

(b) Have within a five-year period preceding the date of this certification been convicted of fraud or any other criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are presently indicted for or otherwise criminally charged with commission of any of the offenses enumerated in paragraph 14 (b) of this certification;

(d) Have, within a five-year period preceding the date of this certification had a judgment entered against contractor or its principals arising out of the performance of a public or private contract;

(e) Have pending in any state or federal court any litigation in which there is a claim against contractor or any of its principals arising out of the performance of a public or private contract; and

(f) Have within a five-year period preceding the date of this certification had one or more public contracts (federal, state, or local) terminated for any reason related to contract performance.

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Where Bidder is unable to certify to any of the statements in this certification, Bidder shall attach an explanation to Bidder’s offer. The inability to certify to all of the statements shall not necessarily preclude Bidder from award of a contract under this procurement.

Signature of Bidder:

Name (printed)

Title

Date

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MULTNOMAH COUNTY

BID BOND

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 Multnomah 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 as:______________________________________________________________ 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 and ORS 279C.365(4) for competitive bidding or 279C.400(5) for competitive proposals.

NOW, THEREFORE, if the proposal or bid submitted by Principal is accepted, and if a contract pursuant to the proposal or bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the procurement document and executes and delivers to Obligee its good and sufficient performance and payment bonds required by Obligee, as well as any required proof of insurance, within the time fixed by Obligee, then this obligation shall be void; otherwise, it shall 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: ______________________________ SURETY: __________________________

By________________________________________ BY ATTORNEY-IN-FACT:

Signature

Official Capacity Name

Attest: ____________________________________ ___________________________________ Corporation Secretary Signature

Address

City State Zip Phone Fax

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STATE OF OREGON FIRST TIER SUBCONTRACTOR

DISCLOSURE REQUIREMENTS

STATE OF OREGON FIRST TIER SUBCONTRACTOR DISCLOSURE FORM TO BE

SUBMITTED BY ALL BIDDERS NOT LATER THAN TWO (2) HOURS AFTER THE BID TIME

THE DAY THE BID IS DUE

ORS 279C.370 requires that “bidder shall submit to the public contracting agency a disclosure of the first-tier subcontractors that: (A) will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and (B) will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.”

The disclosure of first-tier subcontractors applies to public improvements with a contract value of more than $100,000.

The Bidder must disclose the following information about their first-tier subcontracts either in its Bid submission or within two (2) working hours after the date and time of the deadline when bids are due:

1. The subcontractor’s name

2. Dollar value

3. The category of work that the subcontractor would be performing.

If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate “NONE” on the accompanying form.

Failure to submit this form by the disclosure deadline will result in a non-responsive bid.

A non-responsive bid will not be considered for award.

Note to Contractors who are not the low bidder:

If apparent low bidder is disqualified or otherwise not awarded the contract and the next low bidder failed to submit the disclosure form within two (2) hours after the date and time of the deadline when bids were due, that bidder will be ineligible to receive award of the contract.

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STATE OF OREGON

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

This form must be submitted within two (2) working hours after the date and time of the deadline when the bids are due.

List below the name of each subcontractor that will be furnishing labor or labor and materials and that is required to be disclosed by ORS 279C.370, the dollar value of the subcontract and the category of work that the subcontractor will be performing.

Enter “NONE” if there are no subcontractors that need to be disclosed.

(ATTACH ADDITIONAL SHEETS IF NEEDED)

Project Name: Buxton Road Pedestrian Improvements

Bid Number: ____________ Bid Closing - Date: _________ Time: ______

SUBCONTRACTOR NAME

(Please Print)

DOLLAR

VALUE

CATEGORY/DIVISION OF WORK

(Painting, electrical, landscaping, etc.)

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Failure to submit this form by 4:00 p.m. on the day of the bid opening will result in a non-responsive bid. A non-responsive bid will not be considered for award

Form submitted by (Bidders Name):________________________________________

Contact Name:___________________________________ Phone No.:_________________

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Multnomah County Oregon

03/25/2024 MC Good Faith Effort (GFE) Program Page 1 of 9

Good Faith Effort (GFE) Program Bidder Checklist The Bidder Checklist is provided to help the Bidder demonstrate that Good Faith Efforts have been made on their Bid. The Bidder is responsible for completing and submitting any of the GFE forms provided for this project. See “ATTACHMENT 3: Supplemental Information for Submission of Documentation” for detailed information regarding contacting COBID-Certified firms and completing ATTACHMENT 1: SUBCONTRACTOR AND SELF-PERFORM WORK LIST and ATTACHMENT 2:

COBID-CERTIFIED SUBCONTRACTORS CONTACT AND BIDS RECEIVED LOG. For purposes of this document, “submitted,” means in the physical possession of Multnomah County (the County) Central Purchasing. Multnomah County is not responsible for delays or problems with transmissions.

Minimum of Seven (7) Days Before Bid Closing/Due Date – From All Bidders

Contact a minimum of five (5) businesses certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) for each division of work which may be subcontracted. If identified in the Sourcing Event, Bidders must use Divisions of Work as provided. See ATTACHMENT 3 for detailed information regarding contacting subcontractors and recordkeeping.

By 4:00 PM On Day of Bid Closing/Due Date – From All Bidders

ATTACHMENT 1: SUBCONTRACTOR AND SELF-PERFORM WORK LIST

ATTACHMENT 1 must be completed and submitted through the Multco Marketplace Sourcing Event even if the Bidder intends to self-perform ALL the work on this project. Failure to submit ATTACHMENT 1 on time will result in Bid rejection.

ATTACHMENT 2: COBID-CERTIFIED SUBCONTRACTORS CONTACT AND BIDS

RECEIVED LOG

ATTACHMENT 2 must be completed, including a copy of each solicitation letter, e-mail or fax sent to COBID-Certified firms, and submitted through the Multco Marketplace Sourcing Event. Failure to submit ATTACHMENT 2 on time will result in Bid rejection.

ATTACHMENT 3 is provided to aid in the preparation of ATTACHMENT 1 and ATTACHMENT 2.

Due After Award of Contract – From Contractor

Multnomah County requires all Contractors to report Subcontractor utilization by reporting all payments made to lower tier subcontractors on a monthly basis through the online contract compliance reporting system B2Gnow at multco.diversitycompliance.com. After the bid has been awarded and the contract fully executed, the awarded contractor will be invited to the B2Gnow system. Have Questions? Call Multnomah County Central Purchasing at (503) 988-5111.

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03/25/2024 MC Good Faith Effort (GFE) Program Page 2 of 9

Good Faith Effort (GFE) Program Requirements

1. PROGRAM DESCRIPTION

Multnomah County has a compelling government interest to ensure that contracts provide employment opportunities for businesses certified with the State of Oregon Certification Office for Business Inclusion and Diversity (COBID) as an Emerging Small Business (ESB), Minority Business Enterprise (MBE), Women Business Enterprise (WBE), and Veteran Business Enterprise (VBE) (formerly Service Disabled Veteran (SDVBE)) (collectively COBID-Certified firms) in order to address historical underutilization. Therefore, prime contractors are required to submit documentation showing that good faith efforts have been made to contract with COBID-Certified subcontractors on County projects.

For projects that are greater than $250,000, this program:

a. Evaluates the Good Faith Efforts (GFE) required of all Bidders,

b. Assists the County in recording subcontractor utilization on its projects,

c. Requires Contractors to perform GFE on ALL of their subcontracting opportunities

(regardless of value), and

d. Promotes the utilization and inclusion of COBID-Certified subcontractors on County projects.

2. PRE-BID REQUIREMENTS

a. For the purposes of these specifications, “Divisions of Work” shall be defined as any work item, or combination of items, that will result in a subcontract or purchase agreement should the Prime Contractor be awarded this project.

b. If identified, Bidders must use the Divisions of Work identified in the Sourcing Event.

Bidders may identify other Divisions of Work where subcontracting opportunities may exist. Bidders are required to make good faith efforts to contract with COBID-Certified subcontractors for each Division of Work that Bidder intends to perform using a subcontractor.

c. There may be multiple subcontract or purchase agreement opportunities within each Division of Work. Bidders are required to make good faith efforts for each opportunity. A Bidder may not use a subcontractor to perform any Division of Work unless the Bidder has made good faith efforts as required by these specifications.

d. Bidders are not required to contact COBID-Certified firms for any Division of Work that will be performed by Bidders’ own forces. If a Bidder indicates that it will self-perform work in a particular Division of Work, after Bids are due, a Bidder may add a COBID- Certified subcontractor in that Division of Work.

e. Bidders must comply with the submission of required documents identified in Section 3 -

SUBMISSION OF REQUIRED DOCUMENTATION.

f. These requirements are contractual obligations and will be included as part of the construction contract.

g. Failure to comply may result in a rejection of Bid, and/or disqualification of the Bidder to bid on future contracts.

3. SUBMISSION OF REQUIRED DOCUMENTATION

a. ATTACHMENT 1: SUBCONTRACTOR AND SELF-PERFORM WORK LIST

i. Bidders shall submit ATTACHMENT 1 with their bid by 4:00 P.M. on the day the Bid is due. Failure to submit ATTACHMENT 1 on time will result in Bid rejection.

ii. ATTACHMENT 1 shall list ALL subcontractors; to include and identify COBID- Certified subcontractors, to be used on this contract regardless of the dollar amount. This is more than what is required by the State of Oregon’s subcontractor

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03/25/2024 MC Good Faith Effort (GFE) Program Page 3 of 9 disclosure form. If Bid includes alternates for additional work, Bidders shall list ALL additional subcontractors; to include and identify COBID-Certified subcontractors, who will be used if the County elects to perform the additional work.

iii. Bidders shall list all scopes of work they intend to self-perform and separately list any Divisions of Work where the identity of subcontractors who will perform the work is undetermined at time of Bid.

b. ATTACHMENT 2: COBID-CERTIFIED SUBCONTRACTORS CONTACT AND BIDS

RECEIVED LOG

i. Failure to submit ATTACHMENT 2 will result in Bid rejection. Failure to submit the solicitation letter, email or fax may result in Bid rejection, at the County’s discretion.

Contractors shall submit additional information upon request if the County believes it needs to clarify the Bidder’s Good Faith Efforts.

ii. Completed ATTACHMENT 2 must demonstrate the Bidder has met the Good Faith Effort outreach requirements outlined in this document. The County strongly encourages the use of COBID-Certified firms in all of its contracting processes.

iii. All Bidders shall submit one copy of the solicitation letter, email or fax sent to each COBID-Certified firm indicating the date initial contact was solicited for this project. If multiple forms of letter, email or fax contacts were sent, submit a copy of each.

4. REPLACEMENT OF COBID-CERTIFIED SUBCONTRACTORS AFTER BIDS ARE DUE

a. The selected Bidder will not be permitted to replace a COBID-Certified subcontractor after

Bids are due without the consent of the Central Purchasing Manager. The Central Purchasing Manager must be notified in writing immediately upon the need to substitute a COBID-Certified subcontractor.

b. No COBID-Certified subcontractor may be replaced after the Bid is due unless the Bidder complies with the requirements of ORS 279C.585 and makes Good Faith Efforts to contract with a COBID-Certified replacement subcontractor for the work to be performed.

Documentation of good faith efforts is required and must be submitted to the Central Purchasing Manager prior to replacing a COBID-Certified subcontractor.

5. ENFORCEMENT AFTER CONTRACT AWARD

The County’s commitment to this program is reflected, in part, by the cost of administering the program. Failure to meet the requirements of this section of the Contract negates such funding and impairs the County's efforts to promote contracting diversity and to provide fair and equal opportunities to the public as a whole as a result of the expenditure of public funds. Therefore, the parties mutually agree that failure to meet the requirements of this section of the Contract, including but not limited to the submission of required documentation, constitutes a material breach of Contract.

In the event of a breach of Contract, the County may take any or all of the following actions:

a. Withholding Liquidated Damages from Progress Payments The County may withhold all or part of any progress payment or payments as liquidated damages (defined in Section IV.B), to the extent necessary in the County’s opinion to protect the County from any loss, damage or claim that may result from the Contractor’s failure to comply with these Good Faith Effort requirements, until the Contractor has remedied the breach.

b. Liquidated Damages – GFE Program Non-Compliance The parties mutually agree that it would be difficult, if not impossible, to assess the actual damage incurred by the County for the Contractor's failure to comply with the Good Faith Effort Program. The parties further agree that it is difficult, if not impossible; to determine the cost to the County when contracting opportunities are not provided. Therefore, if the Contractor fails to utilize any of its COBID-Certified subcontractors as part of Contractor’s first-tier subcontractor disclosures under ORS 279C.370, and fails to properly obtain approval for replacement or substitution of a COBID-Certified subcontractor as outlined above, this constitutes a violation of the GFE program and the Contractor agrees to pay the sum of $1,000 for each noncompliant subcontractor. These damages are independent of and in addition to any liquidated damages that may be assessed due to any delay in the project caused by the Contractor's failure to comply with this or other provisions of the Contract.

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03/25/2024 MC Good Faith Effort (GFE) Program Page 4 of 9

c. Possible Debarment Failure to comply with the requirements of this portion of the Contract may lead to the Contractor's disqualification from bidding on and receiving other County contracts.

d. Other Remedies In addition to the Liquidated Damages clause above, failing to meet the Good Faith Effort requirements constitutes a material breach of the Contract and entitles the County to terminate the Contract for cause.

6. REVIEW OF RECORDS

In the event that the County reasonably believes that a violation of the requirements of this section has occurred, the County is entitled to review the books and records of the Contractor and any subcontractors employed on the project to which the requirements of this section are applicable to determine whether such a violation has or has not occurred.

In the event that the Contractor or any subcontractor fails to provide the books and records for inspection and copying when requested, such failure shall constitute a material breach of this Contract and permit the imposition of any of the remedies noted in Section 5 above, including the withholding of all or part of any progress payment(s).

ATTACHMENTS:

ATTACHMENT 1: SUBCONTRACTOR AND SELF-PERFORM WORK LIST

ATTACHMENT 2: COBID-CERTIFIED SUBCONTRACTORS CONTACT AND BIDS RECEIVED LOG

ATTACHMENT 3: SUPPLEMENTAL INFORMATION FOR SUBMISSION OF DOCUMENTATION

All forms, including the optional PDF fillable format, are available on the Multnomah County Supplier Diversity Programs website:

https://multco.us/purchasing/supplier-diversity-programs

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03/25/2024 MC Good Faith Effort (GFE) Program Page 5 of 9

ATTACHMENT 1: SUBCONTRACTOR AND SELF-PERFORM WORK LIST

Failure to submit this attachment by 4:00 pm on the day the Bid is due shall result in the Bid being rejected as non-responsive.

Bidder Name_______________________________________ Total Bid Amount ______________ Project Name ______________________________________ Bid Number ___________________

Divisions Of Work: Bidder Will Self-Perform (GFE not required) ALL work will be self-performed, the Bidder is not using any subcontractors on this project

List each division of work that will be self-performed.

1. ___________________________________

2. ___________________________________

3. ___________________________________

4. ___________________________________

5. ___________________________________

6. ___________________________________

7. ___________________________________

8. ___________________________________

9. ___________________________________

10. ___________________________________

Divisions Of Work: Undetermined Who Will Perform (GFE is required) Each division of work listed below requires GFE outreach to at least 5 COBID-Certified Firms.

1. ___________________________________

2. ___________________________________

3. ___________________________________

4. ____________________________________

5. ____________________________________

6. ____________________________________

Divisions Of Work: Bidder Will Subcontract (GFE is required) Each division of work listed below requires GFE outreach to at least 5 COBID-Certified Firms.

1. ___________________________________

2. ___________________________________

3. ___________________________________

4. ___________________________________

5. ___________________________________

6. ___________________________________

7. ___________________________________

8. ___________________________________

9. ___________________________________

10.___________________________________

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03/25/2024 MC Good Faith Effort (GFE) Program Page 6 of 9

ALL subcontractors which the Bidder intends to use on the project regardless of the total amount of the Contract must be listed below. Additional copies of this form may be used if needed.

Legal Business Name ________________________________________ TAX ID#_____________________

Division of Work_____________________________________ Subcontract Value____________________

Business Administrator Name___________________________________ Phone#____________________

Business Administrator Email______________________________________________________________

If applicable, COBID Certification ID#__________ Certification Type: MBE WBE VBE/SDVBE ESB

Legal Business Name ________________________________________ TAX ID#_____________________

Division of Work_____________________________________ Subcontract Value____________________

Business Administrator Name___________________________________ Phone#____________________

Business Administrator Email______________________________________________________________

If applicable, COBID Certification ID#__________ Certification Type: MBE WBE VBE/SDVBE ESB

Legal Business Name ________________________________________ TAX ID#_____________________

Division of Work_____________________________________ Subcontract Value____________________

Business Administrator Name___________________________________ Phone#____________________

Business Administrator Email______________________________________________________________

If applicable, COBID Certification ID#__________ Certification Type: MBE WBE VBE/SDVBE ESB

Legal Business Name ________________________________________ TAX ID#_____________________

Division of Work_____________________________________ Subcontract Value____________________

Business Administrator Name___________________________________ Phone#____________________

Business Administrator Email______________________________________________________________

If applicable, COBID Certification ID#__________ Certification Type: MBE WBE VBE/SDVBE ESB

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03/25/2024 MC Good Faith Effort (GFE) Program Page 7 of 9

ATTACHMENT 2: COBID-CERTIFIED SUBCONTRACTORS CONTACT AND BIDS RECEIVED LOG

Failure to submit this attachment by 4:00 pm on the day the Bid is due shall result in the Bid being rejected as non-responsive.

Bidder Name__________________________________________________________ Bid Number__________________________ ATTACHMENT 2 and the solicitation letter, fax or e-mail sent to each potential COBID-Certified Subcontractor must be submitted through the Multco Marketplace Sourcing Event. Additional copies of this form may be used if needed.

ALL work will be self-performed, the bidder is not using any subcontractors on this project.

Division of Work (Painting, Inside Electrical, HVAC, etc.)

Name of COBID-Certified Firm

COBID

Certification ID Number

Dates of Outreach

Method of Outreach Bid Amount Contracting Outcome (Provide short explanation for non-awarded bids)

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

Email: _____________________ Phone: (____) _____-_________

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03/25/2024 MC Good Faith Effort (GFE) Program Page 8 of 9

ATTACHMENT 3: SUPPLEMENTAL INSTRUCTIONS FOR SUBMISSION OF

ATTACHMENTS

Completing ATTACHMENT 1: SUBCONTRACTOR AND SELF-PERFORM WORK LIST

1. If identified, Bidders must use the potential Divisions of Work identified in the Sourcing Event’s

Bidding Pages to complete this attachment.

2. All work that will be subcontracted or secured through a purchase agreement must be documented on this attachment.

3. Bidders must identify

a. Divisions of Work that will be self-performed by Bidder. Good Faith Efforts regarding COBID outreach are not required.

b. Divisions of Work where Bidder has not determined who will perform at the time of Bid submission must be listed under the “Undetermined” section. Good Faith Efforts to contact 5 COBID-Certified Firms for subcontracting opportunities must be made seven (7) days before Bid closing and documented on ATTACHMENT 2: COBID-CERTIFIED

SUBCONTRACTORS CONTACT AND BIDS RECEIVED LOG.

c. Divisions of Work where Bidder will subcontract must be listed. Good Faith Efforts to contact five (5) COBID-Certified Firms for subcontracting opportunities must be made seven (7) days before Bid submission and documented on ATTACHMENT 2: COBID-CERTIFIED

SUBCONTRACTORS CONTACT AND BIDS RECEIVED LOG.

4. ALL subcontractors (COBID and Non-COBID) which the Bidder intends to use on the project regardless of the total amount of the Contract must be listed on page 2 of ATTACHMENT 1.

a. TAX ID# for each subcontractor is critical information that must be provided.

Completing ATTACHMENT 2: COBID-CERTIFIED SUBCONTRACTORS CONTACT AND

BIDS RECEIVED LOG

Bidders shall record their contacts with COBID-Certified subcontractors using ATTACHMENT 2. All columns must be completed on the attachment.

1. Who to Contact

a. For each Division of Work that a subcontractor may perform, Bidders must contact five (5)

COBID-Certified firms to provide an opportunity to provide a subcontracting bid/proposal.

b. Contact each COBID-Certified subcontractor that attended the pre-bid meeting (if one was held) and identified itself as a COBID-Certified subcontractor in one or more specific Division of Work that the Bidder will subcontract. The Pre-Bid Meeting Attendance List will be available to Bidders on the Multco Marketplace Sourcing Event for the Bid.

c. If there are fewer than five (5) COBID-Certified contractors listed on the COBID website for a particular Division of Work, Bidders shall contact all of the listed contractors and provide a copy of the COBID directory results page.

2. When to Contact

a. Bidder shall make the first contact with each COBID-Certified subcontractor a minimum of seven (7) calendar days before the Bid closing/due date.

3. How to Contact

a. To obtain a list of COBID-Certified firms for each Division of Work that will be subcontracted, visit the State COBID Directory at https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN =oregon4biz.

i. Results should be filtered for: Emerging Small Business (ESB), Women Business Enterprise (WBE), Minority Business Enterprise (MBE), Veteran Business Enterprise (VBE) or Service-Disabled Veteran Business Enterprise (SDVBE).

ii. This project is located within Multnomah County and when searching for potential

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03/25/2024 MC Good Faith Effort (GFE) Program Page 9 of 9 subcontractors you are encouraged to contact subcontractors within the general area.