City of Scappoose Page 1 of 52

2026 SE Pavement Overlay Project

BOOK 1 OF 2

OF THE BID DOCUMENTS

FOR:

BID NUMBER: #2026-04

Public Works Project

The Work to be done under this Contract includes: Paving

Date issued: May 6, 2026

Bids Due: May 26, 2026 at 2:00pm

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TABLE OF CONTENTS

PART 1.0 – BIDDING INFORMATION

1.10 PREFACE

1.20 INVITATION TO BID

1.30 BIDDER’S CHECKLIST

PART 2.0 – BIDDING FORMS

2.10 INSTRUCTIONS TO BIDDERS

2.20 BID PROPOSAL FORM (Includes Bid Schedule, Bid Item Descriptions, Signature Page, Acknowledgements)

2.30 BID GUARANTY

2.40 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

2.50 NON-COLLUSION AFFIDAVIT

2.60 RESPONSIBILITY DETERMINATION FORM (Informational Only)

PART 3.0 – CONTRACT FORMS

3.10 PUBLIC WORKS CONTRACT

PART 4.0 – PROJECT INFORMATION AND SUPPLEMENTARY GENERAL CONDITIONS – Bound Separately, (Book 2)

PREVAILING WAGE RATES

NON-FIELD TESTED MATERIALS

SPECIAL PROVISIONS

PART 5.0 – CONSTRUCTION PLANS – Bound Separately, (G1.1 – C3.2)

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1.10 PREFACE

Introduction

The Bid Documents/Proposed Contract Documents are issued for the information of Bidders submitting bids for this project and the work described herein, at the time and place indicated in the Invitation to

Bid (Section 1.20). These Bid Documents, subject to revision by addendum, in accordance with provisions stated below, will be incorporated in and made part of the contract documents for this project.

If the City elects to reject all bids and re-advertise for new bids to be received at a time later than that indicated in the Invitation to Bid, these Bid Documents will cease to be applicable and new Bid

Documents will be issued by the City. Bidders submitting bids at the newly established bid date and time must obtain the new Bid Documents and base their bids upon them, as they will be bound by it in the event they are awarded a contract.

Applicable Specifications

Work shall comply with the following standards which are hereby incorporated into these bid documents by reference:

1. City of Scappoose Public Works Design Standards (PWDS), with Resolution 14-28, Ch 1 & 5 amendments. Design standards and standard detail drawings are available at:

https://www.scappoose.gov/publicworks/page/public-works-design-standards

2. American Public Works Association (APWA) Standards, most recent version.

3. Supplementary General Conditions

4. Other standards identified in these Bid Documents by reference.

Sectional references in these Bid Documents refer to sections of the specifications listed above and any applicable modifications to sections or subsections contained herein.

Licensing per ORS 468A.720 (working with asbestos) is not required for this project (ORS

279C.365(1)(j)).

Revisions Prior to Time of Opening of Bids

The City reserves the right to make necessary changes or corrections to the Bid Documents. The City will publish addenda on its website. Bidders are responsible for reviewing and obtaining all addenda. Bids shall incorporate all Addenda. Bids may be rejected if opened and found by the City to not be based on all

Addenda.

Plans and Specifications May Be Retained by Bidder

Bid Documents are non-refundable and need not be returned to the City, except as necessary to submit a bid. Bidders shall submit bids responding to this ITB at their sole cost and expense.

Protest Process

Bidders may protest bid documents or award in accordance with OAR 137-049-0260 and 137-049-0450.

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1.20 INVITATION TO BID #2026-04

CITY OF SCAPPOOSE

2026 SE PAVEMENT OVERLAY PROJECT

Bid Submission Deadline: 2:00PM (PST) on May 26, 2026

Subcontractor Disclosure Form Deadline: 4:00PM (PST) on May 26, 2026

Notice is hereby given that sealed bids for furnishing materials, equipment, labor, and services for the

2026 SE Pavement Overlay Project (Project) for the City of Scappoose (City) will be accepted at City Hall until 2:00PM on May 26, 2026. All bids received on or before this date and time and in proper form will be publicly opened and read in the City Hall Council Chambers at the time set forth above as the deadline for receipt of bids, and thereafter bid documents, shall be made available for public inspection. Bids received after this date and time will not be considered. First-tier subcontractor disclosure forms are due within two (2) working hours after the bid submission deadline.

The Work includes:

• Variable depth grinding

• Asphalt Pavement Base Lift and Pre-leveling

• Asphalt Pavement Overlay

• Additional and incidental Work as called for by the Specifications and Plans.

This work is to be done on the following streets:

• SE 3rd Street: SE Elm St to SE Columbia Ave

• SE Myrtle St: SE 3rd St to SE 4th St

• SE Oak St: SE 3rd St to SE 4th St

• SE Elm St: SE 4th St to SE 6th Ct

The solicitation schedule and deadlines are generally as follows:

• Bid Submission Deadline: May 26, 2026 at 2:00PM

• Anticipated Notice of Intent to Award: June 2, 2026

• City Council Contract Authorization: June 15, 2026

The ITB documents may be examined or obtained for no charge at 33568 E. Columbia Ave., Scappoose

Oregon 97056 or at the Portland Planwell Website https://customer.e-arc.com/arcEOC/PWELL_Main.asp?mem=45

The City of Scappoose encourages small, minority, women and veteran -owned businesses to submit bids.

This project is a public works subject to ORS 279C.800 to 279C.870 or the Davis-Bacon Act (40 U.S.C. 3141 et seq.).

Questions:

Submit questions in to: Matia Malberg, Contract Administrator, via email at mmalberg@scappoose.gov

Addenda will be posted to the City’s website at: https://www.scappoose.gov/bids.aspx

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1.30 BIDDER’S CHECKLISTNOTE: This list is informational only. It is each bidder’s sole responsibility to ensure that their bid is fully complete in accordance with all bid documents.

___ Read all specifications, including, but not limited to, the City of Scappoose Public Works Design

Standards and Standard Detail Drawings, the most recent version of the American Public Works

Association (APWA) standards, Supplementary General Conditions, and/or addenda to these bid documents and review the plans and all documents included by reference.

___ Complete the Bid Schedule in ink or typed characters.

___ Cross-out and initial bid items entries, if they are changed or corrected. Do not use whiteout liquid or tape to correct item entries.

___ Check City website and review issued addenda and fill in the Addenda Statement on the Bid Form

Signature Page. Clarification responses, in the form of a Question-and-Answer document, will be issued on the City website periodically in order to answer questions. These clarifications should not be considered addenda.

___ Fill in all other required information on the Bid Forms and affix signatures in ink.

___ Fill in and sign the Non-Collusion Affidavit.

___ Fill in and sign the Compliance Signature Form.

___ Fill in and sign the City of Scappoose Bid Guaranty Form. Bids not accompanied by the City of

Scappoose Bid Guaranty Form may be deemed non-responsive and rejected.

___ Fill in the “Bidder Residency Statement” on the Bid Form Signature Page.

___ Fill out and return the Responsibility Determination Form

___ The Bidder shall deliver, as part of the bid, a written certification that the Bidder has not discriminated and will not discriminate against minority, women, or emerging small business enterprises in obtaining any required subcontracts. Failure to do so will be grounds for disqualification.

___ Fill in the Construction Contractor’s Board statement on the Bid Form Signature page and possess a current, valid license issued by the Construction Contractor’s Board.

___ Detach, complete, and submit the First-Tier Subcontractors Disclosure Form provided in SECTION

2.50. This form may be submitted with the bid or in a separate sealed envelope marked with

“FIRST-TIER SUBCONTRACTORS DISCLOSURE FORM” along with the bidder’s name, 2026 SE

Pavement Overlay Project and project number. When submitted separately, it shall be submitted no later than two work hours after the time designated for receiving bids.

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2.10 INSTRUCTIONS TO BIDDERS

2026 SE Pavement Overlay Project

FOR

CITY OF SCAPPOOSE

1. Defined Terms

Certain terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 CITY/OWNER – City of Scappoose

1.2 BIDDER – one who submits a Bid directly to CITY as distinct from a sub-bidder, who submits a bid to a Bidder.

1.3 Issuing Office – the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.4 Successful Bidder – the lowest, responsible Bidder to whom CITY (on the basis of CITY’s evaluation as hereinafter provided) makes an award.

1.5 First-Tier Subcontractor – an individual, firm or corporation having a direct contract with the

Contractor for furnishing labor or furnishing labor and materials in connection with the performance of a part of the work.

2. Copies of Bidding Documents

2.1 Complete sets of the Bidding Documents may be obtained from the Portland Planwell website https://customer.e-arc.com/arcEOC/PWELL_Main.asp?mem=45 for free and downloaded.

2.2 Complete sets of Bidding Documents must be used in preparing Bids; CITY does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

2.3 CITY in making copies of Bidding Documents available on the above terms only do so for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

3. Responsibility of Bidders

3.1 To demonstrate responsibility to perform the Work, each Bidder must submit a completed responsibility determination form with its completed bid. Further each Bidder must be prepared to submit within five days after Bid Opening, upon CITY's request, detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below or elsewhere in these documents. Each Bid must contain evidence of Bidder's qualification to do business in Oregon.

4. Examination of Bidding Documents, Other Data, and Site

4.1 It is the responsibility of each Bidder before submitting a Bid:

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4.1.1 To examine thoroughly and carefully study the Bidding Documents, including any

Addenda and other related data identified in the Bidding Documents;

4.1.2 To visit the site and become familiar with and satisfy Bidder as to the general, local and

Site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3 To become familiar with and satisfy Bidder as to all federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work;

4.1.4 To obtain and carefully study (or assume responsibility to do so) all reports of explorations and tests of subsurface conditions at or contiguous to the Site, all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance or furnishing of the Work or which are related to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto, and be responsible for all costs associated with these examinations including all restoration work and damages which may be a result of such investigations;

4.1.5 To agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary to the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

4.1.6 To become aware of the general nature of the work to be performed as indicated in the

Bidding Documents;

4.1.7 To correlate the information known to BIDDER, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding

Documents;

4.1.8 To promptly give CITY written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by CITY is acceptable to BIDDER; and

4.1.9 To determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work.

4.2 Information and data reflected in the Bidding Documents with respect to existing

Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY by the owners of such Underground Facilities or others, and the CITY does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions.

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4.3 The submission of a Bid will constitute an incontrovertible representation by BIDDER that

BIDDER has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given CITY written notice of all conflicts, errors, ambiguities, and discrepancies that BIDDER has discovered in the Bidding Documents and the written resolutions thereof by CITY are acceptable to BIDDER, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.4 Failure to comply with Sections 4.1 through 4.3 above will not relieve the Successful Bidder of its obligation to enter into a contract and complete the contemplated work in strict accordance with the Bidding Documents.

5. Availability of Lands for Work

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Bidding

Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor.

6. Interpretations and Addenda

6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to

CITY. Interpretations or clarifications considered necessary by CITY in response to such questions will be issued by Addenda and will be posted on the Portland Planwell wesbite where the plans are stored at: https://customer.e-arc.com/arcEOC/PWELL_Main.asp?mem=45. Questions received less than five (5) calendar days prior to the date for opening of Bids may not be answered.

Only questions answered by formal written Addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by CITY.

7. Bid Guaranty

7.1 Each Bid must be accompanied by Bid Guaranty made payable to CITY in an amount of ten percent (10%) of BIDDER's maximum Bid price, which includes the base bid and all additive alternatives, and in the form of a certified or cashier's check or a Bid Bond on the form attached to the Bidding Documents or one conforming substantially to it, meeting the requirements of

ORS 279C.365 and issued by an acceptable surety.

7.2 The Bid Guaranty of Successful Bidder will be retained until such Bidder has executed the

Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Guaranty will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within ten (10) days after the Notice of Award, CITY may annul the Notice of Award and the Bid Guaranty of that Bidder will be forfeited. The Bid Guaranty of other Bidders whom CITY believes to have a reasonable chance of receiving the award may be retained by CITY until the Effective Date of the Agreement or the

City of Scappoose Page 9 of 52 ninetieth (90th) calendar day after the Bid opening, whereupon Bid Guaranty furnished by such

Bidders will be returned. Bid Guaranty with Bids which are not competitive will be returned upon execution of the Agreement between CITY and the Successful Bidder.

8. Contract Times

The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Contract (or incorporated therein by reference to the attached Bid Form).

9. Substitute or “Or-Equal” Items

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that an "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to CITY, application for such acceptance will not be considered by CITY until after the Effective Date of the Agreement, unless a pre-bid approval process is specified for certain material or equipment items. The procedure for submission of any such application by CONTRACTOR and consideration by CITY is set forth in ORS 279C.345.

10. Subcontractors, Suppliers, and Others

10.1 Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is estimated by the CITY to be greater than $100,000 (see

ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000; or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract either in its Bid submission, or within two hours after Bid

Closing:

(A) The subcontractor’s name;

(B) The category of Work that the subcontractor would be performing, and

(C) The dollar value of the subcontract. If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate

“NONE” on the accompanying form.

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

THIS INFORMATION BY THE STATED DEADLINE. THE DISCLOSURE FORM IS ATTACHED TO THE

BID DOCUMENT.

Submission. A Bidder shall submit the disclosure form required by this rule either in its Bid submission, or within two working hours after Bid Closing.

Responsiveness. Compliance with the disclosure and submittal requirements of ORS 279C.370 and this rule is a matter of Responsiveness. Bids that are submitted by Bid Closing, but for which the disclosure submittal has not been made by the specified deadline, are not Responsive and shall not be considered for Contract Award.

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10.2 If these Bidding Documents require, separate from and in addition to those requirements as identified in paragraph 10.1 above, the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to CITY, Bidder shall submit with the bid a list of all such

Subcontractors, Suppliers and other persons and organizations proposed for those portions of the

Work for which such identification is required. Such list shall be supplemented by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by CITY.

10.3 If CITY has reasonable objection after due investigation to any proposed subcontractor, other person or organization, either may before giving the Notice of Award, request the apparent

Successful Bidder to submit an acceptable substitute, in which case the apparent Successful

Bidder shall submit an acceptable substitute, that Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and CITY may consider such prior adjustment in evaluating Bids and making the Contract award.

10.4 If the apparent Successful Bidder declines to make any such substitution, CITY may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractor, other person, or organization. The declining to make any such substitution will not constitute grounds for sacrificing the Bid Guaranty of any Bidder. Any subcontractor, other person, or organization so listed and to whom the CITY does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to CITY subject to revocation of such acceptance after the

Effective Date of the Agreement as provided in the resulting Contract.

10.5 No Contractor shall be required to employ any subcontractor, other person, or organization against which they have reasonable objection.

11. Bid Form

11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from mmalberg@scappoose.gov.

11.2 All blanks on the Bid Form must be completed by printing in ink or be typewritten.

11.3 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

11.4 A Bid by a partnership shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature, accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

11.5 A Bid by an individual shall show the Bidder’s name and official address.

11.6 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture shall be shown below the signature.

11.7 All names shall be printed in ink or be typewritten below the signatures.

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11.8 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form by BIDDER).

11.9 The address and telephone number for communications regarding the Bid shall be shown.

11.10 If BIDDER is an out-of-state corporation, the Bid shall contain evidence of authority to conduct business as an out-of-state corporation in Oregon where the Work is to be performed.

BIDDER’s Oregon Construction Contractor’s Board license number shall also be shown on the Bid form.

12. Submission of Bids

12.1 Bids and first-tier subcontractor disclosure forms shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in separate opaque sealed envelopes, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), date of opening, the applicable words “Sealed Bid” or “First-Tier

Subcontractor Disclosure Form”, name and address of Bidder and accompanied by the Bid guaranty and other required documents. If the Bid and/or disclosure form is sent through the mail or other delivery system, the sealed envelopes shall be enclosed in separate envelopes with the applicable notation "sealed bid" or “First-Tier Subcontractor Disclosure Form” on the face. It is the Bidder’s sole responsibility to see that its Bid and disclosure form are received within the proper time.

12.2 No bid will be received or considered unless the bid is submitted in writing and received on the prescribed forms included in the Contract Documents, mailed or delivered to 33568 E.

Columbia Ave., Scappoose Oregon 97056 in a sealed envelope plainly marked on the envelope

“SEALED BID” and specifying the project name and bearing the name, address, and telephone number of the bidder, as well as the bid opening date. All bids must be prepared on the prescribed forms and signed in ink by an authorized representative. Facsimile and/or emailed bids will not be accepted.

12.3 No proposal shall be considered by the City of Scappoose unless the Bid contains a statement by the Bidder that the Bidder will comply with the provisions of ORS 279C.800 to

279C.870 and 40 U.S.C. 276(a) pertaining to prevailing wages, as applicable. Each bid must contain a statement as to whether or not the bidder is a resident bidder as defined in ORS 279A.120. Each bid must also contain confirmation that bidder is registered with the Oregon Construction

Contractors Board (CCB) – no bid will be received or considered unless the bidder is registered with the Oregon CCB, as required by ORS 701.035 et seq. No bid will be considered unless the

First-Tier Subcontractor Disclosure form is submitted by the specified deadline.

13. Modification and Withdrawal of Bids

13.1 Bids may be modified or withdrawn at any time prior to the opening of Bids. This may be done by the BIDDER in person or upon the BIDDER’s written request delivered to the place where

Bids are to be submitted. A telephoned request for withdrawal of a Bid will not be recognized as a legitimate means for withdrawal of a Bid.

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13.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid guaranty will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Bidding Documents.

14. Opening of Bids

Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted.

15. Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for ninety (90) days after the Bid opening, but CITY may, in its sole discretion, release any Bid and return the Bid guaranty prior to that date. CITY and the apparent low

Bidder may, by written agreement, extend the period during which the Bid is subject to acceptance.

16. Award of Contract and Protests

16.1 CITY reserves the right to reject any or all Bids for any reason, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if CITY believes that it would not be in the best interest of the CITY to make an award to that Bidder, whether because the Bid is non-responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. CITY also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder including the possible selection of optional work items. Discrepancies between the multiplication of units of

Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

16.2 In evaluating Bids, CITY will consider the responsibility of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.3 CITY may consider the responsibility and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of

Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Bidding Documents.

16.4 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed

Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Bidding Documents to CITY’s satisfaction within the prescribed time.

16.5 If the contract is to be awarded, it will be awarded to the lowest responsible Bidder as that term is set forth in ORS 279A.010 and whose evaluation by CITY indicates to CITY that the award will be in the best interests of the CITY. In determining the lowest responsible Bidder, CITY will:

(a) check the list created by the Oregon Construction Contractors Board for bidders who are not

City of Scappoose Page 13 of 52 qualified to hold a public improvement contract; and (b) determine whether the Bidder has met the standards of responsibility in accordance with ORS 279C.375 and the attached responsibility determination form. CITY will document CITY’s determination of responsibility with the Oregon

Construction Contractors Board within 30 days after the date the CITY awards the contract.

Separate schedules may be awarded to the same or different Contractors. Bidders are allowed to specify on the Bid Form a deduction in their total Bid if multiple schedules are awarded to the same Contractor. The lowest total Bid shall be determined by adding schedules and subtracting any deductions provided.

16.6 If the contract is to be awarded, CITY will issue a Notice of Intent to Award and give Successful

Bidder a Notice of Award at least seven (7) days after the Notice of Intent to Award is issued and within ninety (90) days after the day of the Bid opening or within such extended period as CITY and CONTRACTOR shall agree in writing.

16.7 All protests and judicial review procedures shall be undertaken in accordance with OAR 137-

049-0450. A bidder must file a written protest to the CITY within seven (7) days of the Award of a

Contract or the Notice of Intent to Award Contract, whichever occurs first. The BIDDER’s written protest shall specify the grounds for the protest to be considered by the CITY.

17. Signing of Agreement

When CITY gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached.

Within ten (10) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to CITY with the required insurance certificates, and payment and performance bonds. Within thirty (30) days thereafter, CITY shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

18. Performance and Payment Bonds

ORS 279C sets forth performance bond and payment bond requirements. When the successful Bidder delivers the executed Agreement to the CITY, it shall be accompanied by the required performance and payment bonds. Attorneys-in-fact who sign bonds must file with each bond a notarized and effective copy of their power of attorney dated the same date as the Bonds. Bond forms enclosed in the Bidding

Documents must be used.

19. Conflict of Interest

No member, officer, or employee of the CITY, or its designees or agents, no member of the governing body of the CITY, and no other public official of the CITY who exercise any function or responsibility with respect to this Contract during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in Work performed in connection with this Contract.

20. Confidentiality

The City abides by the public records laws of the State of Oregon. As such, bid documents are generally considered to be a matter of public record after the contract for work has been awarded. Information in a bid may or may not be considered to be exempt from public disclosure based on the following:

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• Trade secrets as identified in ORS 192.345(2);

• Information submitted in confidence as identified in ORS 192.355(2).

If bidder believes any portion of its bid contains information considered a trade secret under ORS

192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS192 and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, bidder is deemed to have waived any future claim of non-disclosure of that information.

21. Expected Schedule

The project intends to follow the schedule as follows:

Action Location Date* Time

Solicitation Advertisement Business Tribune, Oregon Buys, Spotlight, City

Website

May 6, 2026 N/A

Pre-Proposal Questions Due Email May 15, 2026 5:00 PM Responses to Pre-Proposal Questions Distributed by City

Email, City Website May 20, 2026 2:00 PM

Proposal Due Scappoose City Hall May 26, 2026 2:00 PM Notice of Intent to Award Contract

Email, Website June 2, 2026 10:00 AM

Challenge Period Expires June 9, 2026 10:00 AM Council Approval City Council June 15, 2026 7:00 PM Award of Contract Email, City Website June 16, 2026 10:00 AM Begin Contract (Estimated) On-Site June 17, 2026 Contract Ends On-Site September 30, 2026

**These dates are subject to change at the sole discretion of the City.

END OF INSTRUCTIONS TO BIDDERS

City of Scappoose Page 15 of 52

2.20 BID PROPOSAL FORM

THIS BID IS SUBMITTED TO:

City of Scappoose

33568 E. Columbia Avenue

Scappoose, OR 97056

The undersigned, hereinafter called “Bidder,” declares that the only person or parties interested in this bid are those named herein; that this bid is, in all respects, fair and without fraud; that it is made without collusion with any official of Scappoose, Oregon; and that the bid is made without any connection or collusion with any person making another bid on this contract.

THE UNDERSIGNED BIDDER FURTHER DECLARES: That the Bidder has read and thoroughly understands the bid documents governing the work embraced in this improvement and the method by which payment will be made for said work; that the Bidder has visited the site and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work; that if this bid is accepted, the Bidder will contract with the City of Scappoose, Oregon, for the construction of the proposed improvement in a form of contract herein outlined, and provide the necessary equipment, materials, tools, apparatus, and labor, as specified in conformance with the requirements of the contract, and at the prices established by this Agreement.

The Bidder further agrees that the Bidder has exercised its own judgement regarding the interpretation of subsurface information and has utilized all data which it believes pertinent from the Engineer, CITY, and other sources in arriving at its conclusion.

THE UNDERSIGNED ALSO AGREES AS FOLLOWS:

FIRST: To do any extra work and furnish other materials which cannot properly be classified under bid items, and to accept as full compensation therefore, such prices as may be determined according to the provisions of the Contract.

SECOND: That this bid is firm and shall not be withdrawn or revoked by the Bidder for a period of ninety

(90) calendar days from the date of the bid opening and that within ten (10) calendar days from the date of the "Notice of Award" of this bid, to execute the Public Improvement Contract, and to furnish the City of Scappoose with satisfactory performance and payment bonds each in the sum of the total amount of the contract guaranteeing the faithful performance of the work and payment of all bills.

THIRD: To begin work within ten (10) days after the date of the City’s Notice to Proceed and to complete work in all respects within the contract time specified herein.

FOURTH: In compliance with ORS 279C.840 and as part of this bid, the Bidder herein agrees that it shall be a condition of its bonds that in performing this contract it shall pay and cause to be paid not less than the prevailing rate of wages as of the date of advertisement for this bid to each and every worker who may be employed in and about the performance of this contract. If the City determines at any time that the prevailing rate of wages has not been or is not being paid as required by the contract, the City may

City of Scappoose Page 16 of 52 retain from the monies due to the Contractor an amount sufficient to make up the difference between the wages actually paid and the prevailing rate of wages, and may also cancel this contract.

FIFTH: That all of the applicable provisions of Oregon law relating to public contracts (ORS 279A, 279C) are, by this reference, incorporated in and made part of this bid.

SIXTH: It is agreed that if the Bidder revokes or withdraws its bid within the 30-day period following the bid opening date or if the Bidder is awarded the contract for the work herein proposed and shall fail or refuse to execute the contract and furnish the specified performance and payment bonds within ten (10) calendar days after receipt of notification of acceptance of its bid, then the bid security deposited herewith according to the conditions of this Bid shall be forfeited to and retained by the City; and it is agreed that the said sum is a fair measure of the amount of damages the City will sustain in case the

Bidder shall so withdraw its bid or fail or refuse to execute the contract for the said work and to furnish the performance and payment bonds as specified in the Contract Documents. Bid security in the form of a cashier's or certified check drawn on a lending institution of Oregon shall be subject to the same requirements as a bid bond.

SEVENTH: If you desire to limit the number of contracts to be awarded to your firm at this opening of bids, please complete one of the following limiting statements:

LIMITING STATEMENTS:

• 1. This bid is conditioned upon my (our) not being awarded more than __________ of the contracts on which I (we) have bid at this opening of bids.

• 2. This bid is conditioned upon my (our) not being awarded contracts at this opening of bids for an aggregate total amount in excess of $ ___________________________.____

EIGHTH: The undersigned declares by signing of this proposal that the undersigned bidder has not discriminated and will not discriminate against minority, women, or emerging small business enterprises in obtaining any required subcontracts. The signing of this proposal constitutes certification of compliance upon which the City is entitled to rely on.

NINTH: The undersigned shall deliver, as part of the bid, a written certification that the Bidder has not discriminated and will not discriminate against minority, women, or emerging small business enterprises in obtaining any required subcontracts. Failure to do so will be grounds for disqualification.

City of Scappoose Page 17 of 52

BID SCHEDULE – SCHEDULE A

ITEM UNIT

TOTAL

QUANTITY

UNIT

PRICE

TOTAL

PRICE

MOBILIZATION AND TRAFFIC

CONTROL (00200)

1 Mobilization (00210) LS ALL

Temporary Work Zone Traffic Control, Complete (00221)

LS ALL

3 Erosion Control (00280) LS ALL

MOBILIZATION AND TRAFFIC CONTROL SUBTOTAL

DRAINAGE AND SEWERS

(00400)

4 Drainage Curb (00480) LF 40

5 Minor Adjustment of Manhole (00490) EA 15

6 Adjusting Valve Boxes (00490) EA 10

DRAINAGE AND SEWERS SUBTOTAL

BASES (00600)

Cold Plane Pavement Removal, 0-2-Inch Depth (00620)

SY 2,400

Cold Plane Pavement Removal, Full Depth (00620)

SY 2,200

BASES SUBTOTAL

WEARING SURFACES (00700)

Level 2, 1/2-Inch Dense ACP, PG 64-22 (00744)

TONS 1,410

Level 2, 1/2-Inch Dense ACP, PG 64-22, In Leveling (00744)

TONS 450

WEARING SURFACE SUBTOTAL

BID TOTAL

City of Scappoose Page 18 of 52

SIGNATURE PAGE

The undersigned Bidder hereby represents that it (is _____, or is not _____) a “resident bidder” pursuant to ORS 279A.120 and ORS 279C.365. A “resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the twelve (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.”

The undersigned Bidder is licensed by the Oregon Construction Contractor’s Board (Oregon CCB) in accordance with ORS 701.026.

The undersigned Bidder has carefully examined all bidding documents and addenda (if any) numbered

___ through ___ inclusive.

The undersigned Bidder hereby represents that this bid is made without connection to any person, firm, or corporation making a bid for the same project, and is in all respects fair and without collusion or fraud.

Accompanying this Bid is a bid guaranty in the form of a certified check, cashier’s check, or bid bond in the sum of ten (10) percent of the total bid, payable to City of Scappoose.

In the event this Bid is accepted by the City and the undersigned fails to execute a satisfactory contract and bond(s), and after receiving written notice within ten (10) calendar days from the date of receipt of notification, the City may, at its option, declare that the undersigned has abandoned the contract and thereupon this Bid shall be returned to the undersigned.

Printed Name of Bidder Company Name

Title Street Address

Telephone City, State, Zip

Fax Number Federal Tax ID Number

Email Address Oregon CCB License Number

Oregon CCB Expiration Date

Dated this ____ day of __________, 2026

City of Scappoose Page 19 of 52

ACKNOWLEDGEMENT FOR SOLE PROPRIETORSHIP OR PARTNERSHIP

In witness hereto, the undersigned has set his or her hand this day of __________________, 2026.

SIGNATURE OF BIDDER ___________________________________________________________

TITLE ___________________________________________________________

ACKNOWLEDGEMENT FOR CORPORATION

In witness hereto, the undersigned corporation has caused this instruction to be executed and its seal affixed by its duly authorized officers this ____ day of _____________________, 2026.

NAME OF CORPORATION ____________________________________________________

SIGNATURE OF BIDDER ____________________________________________________

TITLE ____________________________________________________

ATTEST SECRETARY ____________________________________________________

City of Scappoose Page 20 of 52

2.30 BID GUARANTY

Accompanying this proposal is ____________________________________________________________

(“bidder’s bond,” “cash” or “certified check”) in the amount of ____________________________ Dollars

($__________________) which amount is ten percent (10%) of the total amount of the Bidder’s maximum bid price including the base bid and all additive alternatives.

If this proposal shall be accepted and the undersigned shall fail to or neglect to contract as aforesaid, and to give a Payment and Performance Bond in the sum of the total amount of the bid as aforesaid, with sureties satisfactory to the City Council within ten (10) days from the date of receiving from the City

Council the contract prepared and ready for execution, the City Council may, at its option, determine that the bidder has abandoned the contract, and thereupon forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of Scappoose as provided by ORS

279C.385. It is further understood that the bid shall not be withdrawn or revoked for thirty (30) days after the scheduled closing time for receiving bids.

SIGNED and sealed this _______________ day of ___________________________, 20___.

Signature of Bidder ___________________________________________

(legal name of person)

By ___________________________________________

(typed or printed name)

Title ___________________________________________

Name of Contractor ____________________________________

Business Address ______________________________________

Telephone Number _____________________________________

City of Scappoose Page 21 of 52

2.40 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Bid Closing: 2:00PM on May 26, 2026

Disclosure Submittal Deadline: 4:00PM on May 26, 2026

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

Bidders are required to disclose information about certain first-tier subcontractors (see ORS 279C.370).

Specifically, when the contract amount of a first-tier subcontractor furnishing labor and material would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000; or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontractor either in its

Bid submission, or within two hours after Bid Closing.

List below the names of each subcontractor that will be furnishing labor or furnishing labor and materials and that are required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter ‘NONE’ if there are no subcontractors that are required to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED).

Subcontractor Name Dollar Value Category of Work

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.

Form submitted by (Bidder Name): _______________________________________________________

Contract Name: ________________________________________ Phone No.: _____________________

City of Scappoose Page 22 of 52

2.50 NON-COLLUSION AFFIDAVIT

State of _________________________, County of ________________________

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

I state that:

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

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

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

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

(5) ____________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency for violating any non-collusion statutes and have not in the last four years been convicted of or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

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

Authorized Signature

Name of Firm / Position

Sworn to and subscribed before me this ______ day of _______________, 20___.

City of Scappoose Page 23 of 52

2.60 RESPONSIBILITY DETERMINATION FORM

Please complete the following and return with your bid submission:

Project Name: ______________________________________

Bidder’s Business Entity Name: ___________________________________________________________

Bidder’s CCB License Number: ____________________________________________________________

Form Submitted By (Contracting Agency): City of Scappoose____________________________________

Form Submitted by (Representative Name): _________________________________________________

Title: __________________________________________________________________________

Date: _________________________________________________________________________

I certify that bidder (please park any that are applicable; if you do not mark a statement, please attach an explanatory narrative to this form.):

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

[ ] Holds current licenses that businesses or service…