Bid Notice-Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements.pdf

Clackamas Contract Form B-1 (4/26)

CLACKAMAS COUNTY

NOTICE OF PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

INVITATION TO BID #2026-78

Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements

October 7, 2026

Clackamas County (“County”) on behalf of Water Environment Services through its Board of County Commissioners is accepting sealed bids for the Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements Project until November 10, 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- C01010-000 .

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: $3,700,000.00

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

A Mandatory Pre-Bid Conference will be conducted on Wednesday, October 21st, 2026 at 1:00pm.

Bidders shall meet with County representatives at Tri-City WRRF Administration Building (15941 S Agnes Ave, Oregon City, OR 97045) for that purpose. Attendance will be documented through a sign-in sheet prepared by the County representative. Prime bidders who arrive more than ten (10) minutes after the start time of the meeting (as stated in the solicitation and by the County’s watch) or after the discussion portion of the meeting (whichever comes first) shall not be permitted to sign in and will not be permitted to submit a bid on the project.

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

Clackamas Contract Form B-1 (4/26)

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:

PREVAILING WAGE RATES for Public Works Contracts in Oregon, July 5, 2026 and amended on September 3, 2026, 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.

Clackamas Contract Form B-2 (5/2019)

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………………………………………Agreement Form

Section B-7………………………………………Supplementary Conditions of the Construction Contract

Section B-8………………………………………Standard General Conditions of the Construction Contract

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

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

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

Clackamas Contract Form B-2 (2/2023)

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 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: # 2026-78 Tri-City Water Resource Recovery Facility (WRRF)

Aeration Basin Improvements

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 Mandatory Pre-Bid Conference will be conducted on Wednesday, October 21st, 2026 at 1:00 pm. Bidders shall meet with County representatives at Tri-City WRRF Administration Building (15941 S Agnes Ave, Oregon City, OR 97045) for that purpose. Attendance will be documented through a sign-in sheet prepared by the County representative. Prime bidders who arrive more than ten (10) minutes after the start time of the meeting (as stated in the solicitation and by the County’s watch) or after the discussion portion of the meeting (whichever comes first) shall not be permitted to sign in and will not be permitted to submit a bid on the project..

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:

ZOOM LINKS.

Topic: BID 2026-78 Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements Time: Nov 10, 2026 02:00 AM Pacific Time (US and Canada)

Join Zoom Meeting https://clackamascounty.zoom.us/j/88225733579

Meeting ID: 882 2573 3579

One tap mobile +19712471195,,88225733579# US (Portland) +12133388477,,88225733579# US (Los Angeles)

Clackamas Contract Form B-3 (2/2023)

Join instructions https://clackamascounty.zoom.us/meetings/88225733579/invitations?signature=C LHgOW2xm3R9bD8zAITjPoR8kw_QiqWvXmQVlCi2QVk

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

1. 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 business 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 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: # 2026-48 Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements

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#

Name

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: # 2026-78 Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements

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

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

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: # 2026-78 Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements

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.

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

FINAL DOLLAR

AMOUNT OF

SUBCONTRACT

If Certified or self-reported

MBE/WBE/ESB

Subcontractor

Check box

MBE

WBE

ESB

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)

PUBLIC IMPROVEMENT CONTRACT

BID BOND

Project Name: # 2026-78 Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements

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

Clackamas County Contract Form B-5 (1/2017)

BID FORM

PROJECT: Tri-City Water Resource Recovery Facility (WRRF) Aeration Basin Improvements BID CLOSING: November 10, 2026, 2:00 PM, Pacific Time BID OPENING: November 10, 2026, 2:05 PM, Pacific Time

FROM: __________________________________________________________________

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

TO: Clackamas County Procurement Division – procurement@clackamas.us

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

____a. An individual; or

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

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

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

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

The Undersigned agrees to be bound by the following documents:

• Notice of Public Improvement Contract Opportunity

• Instructions to Bidders • Supplemental Instructions to Bidders

• Bid Bond • Bid Form

• Public Improvement Contract Form • Performance Bond and Payment Bond

• General Conditions • Supplemental General Conditions

• Prevailing Wage Rates • Payroll and Certified Statement Form

• Plans, Specifications and Drawings

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

Clackamas County Contract Form B-5 (1/2017) Page 2

2. The Bidder shall identify values for each Work element generally described below, which shall be totaled and carried forward as the Bidder's Lump Sum Bid Price. Paragraph references relate to sections in specification 01 11 00 Summary of Work. For the four aeration basins, work will be completed in two basins at a time over two summer shutdown seasons.

Item No.

Description Lump Sum Bid

Amount 1 Site mobilization $ 2 Submittals $ 3 Temporary facilities and controls $ 4 Cleaning of four aeration basins (§1.01A.2) $ 5 ALP Piping (§1.01A.3.a.1) $ 6 Diffuser membranes (§1.01A.3.a.2) $ 7 AHP Piping (§1.01A.3.b) $ 8 ALP zonal flow control valves inc. actuators (§1.01A.3.c.1) $ 9 W5 flush water valves (§1.01A.3.c.4) $

10 RAS actuators and isolation valves (§1.01A.3.c.7-9) $ 11 36” butterfly valve reconditioning in AB1 (§1.01A.3.c.3) $ 12 All other valves and actuators in §1.01A.3.c $ 13 Aeration basin gates (§1.01A.3.d) $ 14 Aeration basin structural repairs (§1.01A.3.e.1) $ 15 Aeration basin cover plates (§1.01A.3.e.4) $ 16 Aeration basin railing and davit crane base plates (§1.01A.3.e.5) $ 17 Instrumentation and controls (§1.01A.3.f) $ 18 Other work as described in §1.01A.3.g.1-4 $ 19 New electrical transformer, panel, wiring, conduit (§1.01A.3.g.5) $ 20 SCADA cabling (§1.01A.3.h) $ 21 Site demobilization $

All other work not specifically itemized above required to complete the project in accordance with the plans, specifications, and drawings

23 Total Price of All Lump Sum Bid Items Above $

3. The Undersigned proposes to add to the Lump Sum Bid indicated above the items or work relating to the following Unit Prices as designated in the Specifications, for which any adjustments in the Contract amount will be made in accordance with the General Conditions. Bidder acknowledges Supplementary Conditions Article 13.03 which relates to no adjustment of unit prices related to bid alternate quantities.

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

Aeration Basin vertical, horizontal and overhead concrete surface removal and repair:

Repair System B

SF 1,400 $ $

Aeration Basin vertical, horizontal and overhead concrete surface removal and repair:

Repair System C

SF 400 $ $

Clackamas County Contract Form B-5 (1/2017) Page 3

Aeration Basin Polyurethane Injection Grouting

LF 176 $ $

5 Total of All Unit Price Bid Items (Subtotal)

The Undersigned acknowledges that:

a. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

b. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

4a. Total Base Bid Price (Lump Sum and Unit Prices):

Base Bid Summary: Enter Amount from Previous Subtotals

Total of All Lump Sum Bid Items $ Total of All Unit Price Bid Items $

TOTAL BASE BID PRICE (TOTAL OF ALL LUMP SUM AND UNIT PRICE BIDS):

____________________________________________ Dollars ($__________________)

4b. Additive Bid Alternate Price

Bidder must provide a Bid Amount for all Bid Alternates to be considered responsive.

The Additive Bid Alternate Price shall include the number of units in the Bidding Documents and all associated equipment and systems identified in the specification sections within Bid Documents for work described.

Additive Bid Alternates Aeration basin access hatches (§1.01A.3.e.3) $

TOTAL ADDITIVE BID ALTERNATE PRICE:

____________________________________________ Dollars ($__________________)

5. The successful Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

The Bidder accepts the provisions of the Agreement as to liquidated damages.

Clackamas County Contract Form B-5 (1/2017) Page 4

6. Accompanying herewith is Bid Security which is equal to ten percent (10%) of the total amount of the Basic Bid, plus the total sum of all Alternatives (if any).

7. The Undersigned agrees, if awarded the Contract, to execute and deliver to Clackamas County, within twenty (20) calendar days after receiving the Contract forms, a Contract Form, and a satisfactory Performance Bond and Payment Bond each in an amount equal to one hundred percent (100% ) of the Contract sum, using forms provided by the Owner. The surety requested to issue the Performance Bond and Payment Bond will be:

(name of surety company - not insurance agency)

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

8. 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.

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

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

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

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

Clackamas County Contract Form B-5 (1/2017) Page 5

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

14. 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.

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

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

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

17. The Undersigned certifies that it has a drug testing program in accordance with ORS 279C.505.

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

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

NAME OF FIRM _______________________________________

ADDRESS _______________________________________

TELEPHONE NO _______________________________________

EMAIL _______________________________________

SIGNATURE 1) _______________________________________

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

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

Clackamas County Contract Form B-5 (1/2017) Page 6

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT: 2026-78 Tri-City Water Resource Recovery Facility

(WRRF) Aeration Basin Improvements Project

BID OPENING: November 10, 2026, 2:00 PM, Pacific Time

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

INSTRUCTIONS:

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

The Form may be mailed, hand-delivered or emailed to: Procurement@clackamas.us. It is the responsibility of Bidders to submit this Form and any additional sheets with the Project name clearly marked on the envelope or the subject line of the email.

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

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

SHEETS IF NECESSARY.

SUBCONTRACTOR NAME DOLLAR VALUE CATEGORY OF WORK

1. ____________________________

2. ____________________________

3. ____________________________

4. ____________________________

5. ____________________________

6. ____________________________

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

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

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

Firm Name:

Bidder Signature: Phone #

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Water Environment Services (“Owner”), an intergovernmental entity formed pursuant to Oregon Revised Statutes Chapter 190, and [name of contracting entity] (“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:

Refurbishment of four conventional activated sludge aerations basins used for secondary treatment of wastewater, each around 640,000-gallon operating volume. The Work focuses primarily on replacing mechanical components and associated electrical and communications (SCADA) infrastructure. Structural work is also included. The following tasks are included:

Miscellaneous cleaning and fixing of basins, valves, gates, cover plates, flow meters, and other facilities.

Replacement of 16 zonal air flow control assemblies, each consisting of stainless-steel low-pressure (in the general range of 10 psi) air piping, automated valves, flow meters, dissolved oxygen sensors, and appurtenances.

Replacement of diffuser membrane heads in three of the four basins.

Modifications to high pressure air piping used for pneumatic control.

Replacement of automated and manual valves on air and sludge lines.

Structural modifications to add four access hatches from basement-level pipe galleries into basins.

Improvements to the plant’s existing Supervisory Control and Data Acquisition (SCADA) system, including furnishing and installing new programmable logic control panel and three Remote Input/Output panels.

Contractor must perform most of the Work during dry, summer season(s). During dry seasons, Owner must have two of four basins available for operations, and outside of this season, all four must be available for Owners use. Contractor may refurbish two basins in each of summer of 2027 and summer of 2028; or, Contractor may refurbish all four basins during summer of 2027.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

Tri-City Water Resource Recovery Facility Aeration Basins Project (TC Aeration Basins Project).

ARTICLE 3—ENGINEER

3.01 The Owner has retained Jacobs Engineering Group 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 700 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 30 days after Substantial Completion.

4.04 Milestones

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

1. Milestone 1: Aeration Basins 1 and 2 are refurbished and ready for Owner operation, while Aeration Basins 3 and 4 are ready for Owner operation.

September 30, 2027

2. Milestone 2: All four Aeration Basins are refurbished and ready for Owner operation.

September 30, 2028

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 $2,290 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. Completion of Remaining Work: 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 $2,290 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones: Contractor shall pay Owner $2,290 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.

5. Regulatory fines and costs associated with violations are not a part of liquidated damages.

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 other than Unit Price Work, a lump sum of $[number].

All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

Unit Price Work Item No. Description Unit Estimated

Quantity Unit Price

Extended Price

Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $[number].

D. 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…