Contract and Specifications for Construction (Bid Book).pdf

RIB-136-2026

Germantown Road Speed Feedback Signs

(NW Germantown Rd., east of NW Kaiser Rd.)

CONTRACT AND

SPECIFICATIONS FOR CONSTRUCTION

Transportation

1620 SE 190th Ave Portland, Oregon 97233

Contact Person: Michael Derleth, Senior Contract Specialist E-Mail address: Michael.Derleth@multco.us

CONTRACTOR NAME

ADDRESS

CITY/STATE/ZIP

E-MAIL

TELEPHONE

mailto:Michael.Derleth@multco.us

Page: 2

RIB-136-2026

Table of Contents

Bid Documents Bidder’s Checklist Bid Statement and Bid Schedule Bid Bond State of Oregon First Tier Subcontractor Disclosure Requirements Contract Contract Exhibits

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

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

Section 00110 – Organization, Conventions, Abbreviations and Definitions Section 00120 – Bidding Requirements and Procedures Section 00130 – Award and Execution of Contract Section 00140 – Scope of Work Section 00150 – Control of Work Section 00160 – Source of Materials Section 00165 – Quality of Materials Section 00170 – Legal Relations and Responsibilities Section 00180 – Prosecution and Progress Section 00190 – Measurement of Pay Quantities Section 00195 – Payment Section 00196 – Payment for Extra Work Section 00197 – Payment for Force Account Work Section 00199 – Disagreements, Protests, and Claims Section 00210 – Mobilization Section 00220 – Accommodations for Public Traffic Section 00221 – Common Provisions for Work Zone Traffic Control Section 00222 – Temporary Traffic Control Signs Section 00223 – Work Zone Traffic Control Labor and Vehicles Section 00280 – Erosion and Sediment Control Section 00290 – Environmental Protection Section 00305 – Construction Survey Work Section 00320 – Clearing and Grubbing Section 00857 – Rumble Strips Section 00905 – Removal and Reinstallation of Existing Signs Section 00940 – Signs Section 00960 – Common Provisions for Electrical Systems Section 00991 – Unintegrated Speed Feedback Assembly Section 01030 – Seeding Section 02510 – Reinforcement

Page: 3

BID DOCUMENTS

DESCRIPTION OF WORK

Electrical

MULTNOMAH COUNTY

TIME AND PLACE OF RECEIVING BIDS

Bids must be received prior to 2:00 p.m. on May 6, 2026. Bids submitted after the time set for receiving bids will not be opened or considered.

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

No public bid opening will be held. Bid results will be posted on Multco Marketplace, typically within 24 hours. Bidders will be notified through the Q&A Board within 5 days.

No Pre-Bid Meeting:

No pre-bid meeting will be held. Post all questions to the Q&A board of this Sourcing Event. See Clarification/Protest below.

Point of Contact, Person to Receive Bids:

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

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

Michael Derleth Multnomah County Dept. of Community Services E-Mail Address: Michael.Derleth@multco.us

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

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

ADDENDA: Addenda will be posted and provided via the Q&A Board of Multco Marketplace to all known Bidders participating in the sourcing event, no later than five (5) calendar days prior to the bid opening date. After the bid closing date, any claims or misunderstanding in regard to the nature, quality or description of the item(s) to be supplied by this Invitation to Bid will be considered waived.

See also 00120.30.

mailto:Michael.Derleth@multco.us

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COMPLETION TIME LIMIT

Complete all Work to be done under the Contract not later than August 31, 2026. See 00180.50(h) for all completion dates associated with this work.

CLASS OF PROJECT

This is a locally-funded Multnomah County project

CLASS OF WORK

The Class of Work for this Project: Electrical

PREQUALIFICATION

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

PREVAILING WAGE RATES

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

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

APPLICABLE SPECIAL PROVISIONS

The Special Provisions applicable to the above-described work, for which Bids will be opened at the time and place stated above, is that which contains the exact information as shown above. .

Bidders are cautioned against basing their Bids on a booklet bearing any different description, date(s), class of project, or class of work.

The Specifications that are applicable to the Work on this Project is the 2024 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions. All Sections in the ”General Conditions for Construction for Multnomah County 2024” apply, whether or not modified or referenced in the Special Provisions.

Oregon Standard Specifications for Construction are available at:

https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx General Conditions for Construction for Multnomah County are available at:

https://multco.us/info/construction-specifications https://www.oregon.gov/ODOT/Business/Pages/Project-Wages.aspx https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx https://multco.us/info/construction-specifications

Page: 5

BIDDER’S CHECKLIST FOR CONSTRUCTION (TRANSPORTATION)

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

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

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

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

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

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

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

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

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

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

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

Electrical

Outreach to COBID firms for each subcontracting category is encouraged but not required for this contract.

Page: 6

BID STATEMENT

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

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

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

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

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

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

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

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

3. In submitting this Bid, Bidder represents that:

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

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

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

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

Date Number

Page: 7

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

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

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

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

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

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

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

Contractors Board;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Supplier invoices must include the following payment information:

a. "Billed to Multnomah County".

b. A unique invoice number.

c. An invoice date.

d. The supplier’s name and address must match the official electronic supplier record.

e. Total amount due.

f. Multnomah County Contract or Purchase Order number.

g. An Itemized description of goods or services delivered.

h. Detailed units of measure, price per unit and extended amount per line if applicable.

i. If the original invoice was lost or destroyed and replaced by the supplier, the replacement invoice must be marked "duplicate".

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

Page: 9

BID # _RIB-136-2026__

BID SCHEDULE - SHEET 1 of 2

Project title _Germantown Road Speed Feedback Signs__

ITEM

# DESCRIPTION SPEC.

REF. UNIT EST.

QTY UNIT PRICE IN WORDS UNIT

PRICE AMOUNT

10 MOBILIZATION 00210 Lump Sum 1 $ $

20 TEMPORARY PROTECTION AND

DIRECTION OF TRAFFIC 00221 Lump

Sum 1 $ $

30 TEMPORARY SIGNS 00222 Sq Ft 120 $ $

40 FLAGGERS 00223 Hour 352 $ $

50 EROSION CONTROL 00280 Lump Sum 1 $ $

60 CHECK DAM, TYPE 2 00280 Each 4 $ $

70 SEDIMENT BARRIER, TYPE 3 00280 Foot 39 $ $

80 POLLUTION CONTROL PLAN 00290 Lump Sum 1 $ $

90 CONSTRUCTION SURVEY WORK 00305 Lump Sum 1 $ $

100 CLEARING AND GRUBBING 00320 Lump Sum 1 $ $

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

Page: 10

BID # _RIB-136-2026__

BID SCHEDULE - SHEET 2 of 2

Project title _Germantown Road Speed Feedback Signs__

ITEM # DESCRIPTION SPEC.

REF UNIT EST.

QTY UNIT PRICE IN WORDS UNIT

PRICE AMOUNT

110 TRANSVERSE RUMBLE STRIPS 00857 Each 2 $ $

120 REMOVE EXISTING SIGNS 00905 Lump Sum 1 $ $

130 SIGNS, STANDARD SHEETING,

SHEET ALUMINUM 00940 Sq Ft 45 $ $

140 UNINTEGRATED SPEED FEEDBACK

ASSEMBLY 00991 Each 4 $ $

150 PERMANENT SEEDING Sq Yd 250 $ $

TOTAL CONTRACT PRICE:

Total Contract Price in Words:

Enter Total Contract Price on the Items page of Multco Marketplace

Page: 11

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

00180.50 of the General Conditions.

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

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

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

Name of Surety

Name of Agent

Phone # of Agent

Address of Agent ______

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

10. Bidder Name: _________________________________________________

Bidder Mailing Address:__________________________________________

Bidder Telephone Number: _______________________________________

Bidder Email Address: __________________________________________

If Incorporated, State of Incorporation: ______________________________

11. CCB Number: Expiration Date: _______________

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

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

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

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

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

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

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

Page: 12

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

Signature of Bidder:

Name (printed)

Title

Date

Page: 13

BID BOND

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

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of the Obligee in response to Obligee’s procurement document (No. __________________) for the project identified as:______________________________________________________________ which proposal or bid is made a part of this bond by reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to the procurement document and ORS 279C.365(4) for competitive bidding or 279C.400(5) for competitive proposals.

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

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this ________________day of _________________________, 20__.

PRINCIPAL: ______________________________ SURETY: __________________________

By________________________________________ BY ATTORNEY-IN-FACT:

Signature

Official Capacity Name

Attest: ____________________________________ ___________________________________ Corporation Secretary Signature

Address

City State Zip Phone Fax

Page: 14

STATE OF OREGON FIRST TIER SUBCONTRACTOR

DISCLOSURE REQUIREMENTS

STATE OF OREGON FIRST TIER SUBCONTRACTOR DISCLOSURE FORM TO BE

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

THE DAY THE BID IS DUE

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

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

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

1. The subcontractor’s name

2. Dollar value

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

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

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

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

Note to Contractors who are not the low bidder:

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

Page: 15

STATE OF OREGON

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

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

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

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

(ATTACH ADDITIONAL SHEETS IF NEEDED)

Project Name: Germantown Road Speed Feedback Signs

Bid Number: __RIB-136-2026______ Bid Closing - Date: _________ Time: ______

SUBCONTRACTOR NAME

(Please Print)

DOLLAR

VALUE

CATEGORY/DIVISION OF WORK

(Painting, electrical, landscaping, etc.)

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

Name $

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

Form submitted by (Bidders Name):________________________________________

Contact Name:___________________________________ Phone No.:_________________

Page: 16

CONTRACT

THIS CONTRACT, made and entered into this _____ day of ____________, 2026, by and between Multnomah County, a political subdivision of the State of Oregon, hereinafter called “County,” and__________________________________________________________ by and through its Corporate Officers; Federal Tax ID No: On File; hereinafter called “Contractor”.

IT IS AGREED:

That Contractor, in consideration of the sums to be paid by the County in the manner and at the time herein provided, and in consideration of the other covenants and agreements herein contained, hereby agrees to perform and complete the Work herein described and provided for and to furnish all necessary machinery, tools, apparatus, equipment, supplies, materials and labor and do all things in accordance with the following items: 1. General Conditions for Construction for Multnomah County (2024) and the 2024 Oregon Standard Specifications for Constructions parts 00200 through 03000 (2024); 2. The plans and specifications pertaining to this Contract on file in the County’s Transportation Division; 3. The Special Provisions, Addendums, Bid Documents and Exhibit(s) including but not limited to the schedule of contract prices attached hereto; and 4. The Payment Bond and Performance Bond attached hereto; and in accordance with such alterations or modifications of Items Nos. 1-4, as may be made by the County (collectively “the Applicable Specifications, Provisions and Bonds”), and according to such directions as may from time to time be made or given by the County Engineer under the authority and within the meaning and purpose of this Contract. This Contract shall be binding upon the heirs, executors, administrators, successors and assigns of the Contractor.

That the Applicable Specifications, Provisions and Bonds are hereby specifically referred to and by this reference made a part hereof, and shall by such reference have the same force and effect as though all of the same were fully written or inserted herein.

That the Contractor shall faithfully complete and perform all of the obligations of this Contract, and in particular shall promptly, as due, make payment of all just debts, dues, demands and obligations incurred in the performance of said contract; and shall not permit any lien or claim to be filed or prosecuted against the County. It is expressly understood that the laws of the State of Oregon shall govern this Contract in all things.

In consideration of the faithful performance of all of the obligations, both general and special, herein set out; and in consideration of the faithful performance of the work as set forth in this Contract, in full compliance with the Applicable Specifications, Provisions and Bonds; the schedule of contract prices; and in accordance with the directions of the County Engineer and to said Engineer’s satisfaction, the County agrees to pay to Contractor the amount earned, as determined from the actual quantities of work performed and the prices and other bases of payment specified herein and taking into consideration any amounts that may be deductible under the terms of the contract, and to make such payments in the manner and at the times provided in the Applicable Specifications, Provisions and Bonds.

GUARANTEE AND MAINTENANCE:

The Contractor further guarantees any, and all, work performed by Contractor under this Contract against defective or improper workmanship or materials, the terms of the guarantee being as set

Page: 17 forth in the applicable specifications and provisions, and contractor agrees to make such repairs and to do such other work as may be necessary to maintain the same good condition, making such repairs and doing such other work under and in accordance with the terms and conditions also described in the Applicable Specifications, Provisions and Bonds.

IN WITNESS WHEREOF, said County, acting through the duly authorized Executive Officer of Multnomah County, executes this Contract, and Contractor by its duly authorized officers does sign and seal the same as of the day and year noted above in this Contract.

CONTRACTOR: MULTNOMAH COUNTY, OREGON

By: By:

(Signature Officer of Contractor) Jessica Vega Pederson County Board Chair Print Name: __________________________

Title:

Checked as to materials and prices:

By:

Jon P. Henrichsen, P.E.

County Engineer

REVIEWED:

JENNY M. MADKOUR, County Attorney

For Multnomah County, Oregon

By Nick Baldwin-Sayre (3/25/26 via email) Nick Baldwin-Sayre Senior Assistant County Attorney

Page: 18

CONTRACT EXHIBITS:

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

Suppliers and Manufacturers

Page: 19

EXHIBIT 2

Insurance Requirements

MULTNOMAH COUNTY CONTRACT

Sourcing Event RIB-136-2026

This EXHIBIT 2: INSURANCE REQUIREMENTS is attached and incorporated into the Multnomah County Contract (“Contract”). A breach of this Exhibit 2 is a Material Default. Contractor shall at all times maintain in force at Contractor’s expense, each insurance noted below. See also Special Provision 00170(70).

i. Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers’ compensation coverage in accordance with ORS Chapter 656 or CCB (Construction Contractors Board) for all subject workers. Contractor and all subcontractors of Contractor with one or more employees must have this insurance unless exempt under ORS 656.027. Employers’ liability insurance with coverage limits of not less than $500,000 must be included.

ii. Commercial General Liability insurance with coverages satisfactory to the County, on an occurrence basis, with a combined single limit of not less than $2,000,000 each occurrence for Bodily Injury and Property Damage, with an annual aggregate limit of $2,000,000.

The State of Oregon, Oregon Transportation Commission, Oregon Department of Transportation, Multnomah County and DOWL; and all their respective officers, members, agents and employees shall be listed as a Certificate holder and endorsed as an Additional Insured, but only with respect to the Contractor’s activities to be performed under this Contract.

iii. Commercial Auto Liability covering all owned non-owned or hired vehicles. The coverage may be written in combination with Commercial General Liability insurance with separate limits.

Combined single-limit per occurrence shall not be less than $1,000,000. This coverage is required if contractor is transporting and/or driving as part of contract duties.

The State of Oregon, Oregon Transportation Commission, Oregon Department of Transportation, Multnomah County and DOWL; and all their respective officers, members, agents and employees shall be listed as a Certificate holder and endorsed as an Additional Insured, but only with respect to the Contractor’s activities to be performed under this Contract.

iv. Excess/Umbrella Liability insurance with a combined single limit of not less than $1,000,000 each claim, incident or occurrence with an annual aggregate limit of $2,000,000.

v. Pollution Liability Contractor or appropriate sub-contractor shall obtain, at their expense, and keep in effect during the term of the Contract, Pollution Liability insurance covering their liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by the Contractor or an appropriate sub-contractor, all arising out of the work or services (including the transportation risk, when applicable) to be performed under this Contract. Combined single limit per occurrence shall not be less than $1,000,000. Annual aggregate limit shall not be less than $2,000,000.

Additional Requirements: Coverage must be provided by an insurance company authorized to do business in Oregon or rated A- or better by Best’s Insurance Rating. Contractor shall pay all deductibles and retentions.

Contractor’s coverage will be primary in the event of loss.

Certificate of Insurance Required: Contractor shall furnish a current Certificate of Insurance to the County.

Contractor shall provide renewal Certificates of Insurance upon expiration of any of the required insurance coverages. Contractor shall immediately notify the County of any change in insurance coverage. The Certificate shall also state the deductible or retention level.

The County must be listed as an Additional Insured by Endorsement on any General Liability Policy on a primary and non-contributory basis. Such coverage will specifically include products and completed operations coverage. The Certificate of Insurance shall state the following in the description of operations:

“Additional Insured Form (include form number) attached. This form is subject to policy terms, conditions and exclusions.”

Page: 20

Tail Coverage - If any of the liability insurance coverages shown are on a "claims made" basis, "tail" coverage will be required at the completion of the Contract for a duration of 24 months, or the maximum time period reasonably available in the marketplace. Contractor shall furnish certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Contract completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of the Contract. If continuous "claims made" coverage is used, Contractor shall keep the coverage in effect for duration of not less than 24 months from the end of the Contract. This will be a condition of Final Acceptance.

Where in the County to send your Certificate of Insurance. Complete copies of insurance policies shall be provided to the County via MMP Supplier Portal at:

https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=Multnomah.

If you need further assistance please email: tsmmarketplacesupport@multco.us. . Additional originals, hard copies or faxes are not necessary.

https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=Multnomah mailto:tsmmarketplacesupport@multco.us

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EXHIBIT 3

MULTNOMAH COUNTY SERVICES CONTRACT

Contract No. DCS-CNSTR-XXXX-2026

Certification Statement for Corporation or Independent Contractor

Instructions: Please complete both sections below. Example: If Contractor is a Limited Liability Company, please check the “Limited Liability Company” box in Section A and check the “NOT APPLICABLE” box in Section B. Or, if Contractor is an Independent Contractor, then check “NOT APPLICABLE” in Section A, and check at least three (3) boxes in Section B to establish that the Contractor is an Independent Contractor.

A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR PARTNERSHIP.

I certify under penalty of perjury that the Contractor is a (check one):

Corporation Limited Liability Company Partnership Non-Profit Corporation authorized to do business in the State of Oregon

NOT APPLICABLE – See Section B, Item F.

B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR

I certify under penalty of perjury the following statements are true:

1. If CONTRACTOR is providing services under this Contract for which registration is required under ORS Chapter 671 (architects and landscape contractors) or 701 (construction contractors), CONTRACTOR has registered as required by law.

2. CONTRACTOR is free to determine and exercise control over the means and manner of providing the service, subject to the right of the County to specify the desired results.

3. CONTRACTOR is responsible for obtaining all licenses or certifications necessary to provide the services.

4. CONTRACTOR is customarily engaged in providing services as an independent business.

CONTRACTOR is customarily engaged as an independent contractor if at least three of the following statements are true.

NOTE: Check all that apply. At least three (3) items below must be checked to establish you are an independent contractor:

A. CONTRACTOR’s services are primarily carried out at a location that is separate from CONTRACTOR’s residence or primarily carried out in a specific portion of the residence which is set aside as the location of the business.

B. CONTRACTOR bears the risk of loss related to the services provided under this Contract.

C. CONTRACTOR provides services to two or more persons within a 12-month period or Contractor routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain new contracts for similar services.

D. CONTRACTOR makes a significant financial investment in the business.

E. CONTRACTOR has authority to hire additional persons to provide the services and has authority to fire such persons.

F. NOT APPLICABLE – See section A.

Contractor Signature: __________________________________ Date: ____________

Title: ________________________________________________ 05/02/2022 CAO Exhibit 3 Page 1 of 1

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EXHIBIT 4

Workers’ Compensation Exemption Certificate

(To be used only when Contractor claims to be exempt from Workers’ Compensation coverage requirements)

Contractor is exempt from the requirement to obtain workers’ compensation insurance under ORS Chapter 656 for the following reason (check the appropriate box):

SOLE PROPRIETOR

• Contractor is a sole proprietor, and

• Contractor has no employees, and

• Contractor will not hire employees to perform this Contract.

CORPORATION – FOR PROFIT

• Contractor’s business is incorporated, and

• All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and

• All Work will be performed by the officers and directors; Contractor will not hire other employees to perform this Contract.

CORPORATION – NONPROFIT

• Contractor’s business is incorporated as a nonprofit corporation, and

• Contractor has no employees; all Work is performed by volunteers, and

• Contractors will not hire employees to perform this Contract.

PARTNERSHIP

• Contractor is a partnership, and

• Contractor has no employees, and

• All Work will be performed by the partners; Contractor will not hire employees to perform this Contract, and

• Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.**

LIMITED LIABILITY COMPANY

• Contractor is a limited liability company, and

• Contractor has no employees, and

• All Work will be performed by the members; Contractor will not hire employees to perform this Contract, and

• If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.**

*NOTE: Under OAR436-50-0005 a shareholder has a “substantial ownership” interest if the shareholder owns 10% of the corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders.

**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with County Counsel before an exemption request is accepted from a Contractor who will perform construction work.

Contractor Printed Name:

Contractor Signature:

Contractor Title:

Date:

Page: 23

Exhibit 5 – Equal Employment Opportunity Certification Statement

Every Contractor executing a contract for more than $75,000 must complete this Exhibit.

Equal Employment Opportunity (EEO) means eliminating barriers to ensure that all employees are considered for the employment of their choice and have the chance to perform to their maximum potential. EEO practices include, but are not limited to, fairness at work, hiring based on merit and promotion based on talent. It concerns all aspects of employment including recruitment, pay and other rewards, career development and work conditions.

All County Contractors signing new contracts with the County must complete this form. A Contractor who signs Part 1 and later adds employees during the period of performance of any County Contract must immediately notify the County of the change in status and submit an updated form with Part 2 signed. Failure to submit an updated form may result in termination of all existing contracts.

CERTIFICATION

I certify under penalty of perjury that [check Part 1 or Part 2]:

Part 1: Contractor has no employees. should Contractor hire employees at a later date during the term of the contract, Contractor will immediately notify the Department that issued the contract and submit an updated Certification with Part 2 completed.

—OR—

Part 2: Contractor has employees. Contractor, as an Equal Opportunity Contractor, does not:

1. Discriminate against employees or applicants based on race, color, religion, sex, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, or source of income;

2. Solicit or consider employment recommendations based on factors other than personal knowledge or records of job-related abilities or characteristics;

3. Coerce the political activity of any person;

4. Deceive or willfully obstruct anyone from competing for employment;

5. Influence anyone to withdraw from competition for any position so as to improve or injure the employment prospects of any other person;

6. Give improper preference or advantage to anyone so as to improve or injure the employment prospects of that person or any other employee or applicant.

Company Name ______________________________________________________

Signature ______________________________________________________

Title ______________________________________________________

Date ______________________________________________________

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Exhibit 6

TITLE VI -- ASSURANCES FOR CONSULTANTS, CONTRACTORS,

SUBCONTRACTORS, SUPPLIERS, AND MANUFACTURERS:

During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations.

The Contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract.

2. Nondiscrimination.

The Contractor, with regard to the work performed during the Contract, shall not discriminate on the grounds of age, disability, race, color, sex or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.

In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Contract and the Regulations relative to nondiscrimination on the ground of age, disability, race, color, sex or national origin.

4. Information and Reports.

The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Multnomah County or the Oregon Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to Multnomah County, or the Oregon Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance.

In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Contract, Multnomah County shall impose such Contract sanctions as it, or the Oregon Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or;

b. Cancellation, termination, or suspension of the Contract, in whole or in part.

Page: 25

6. Incorporation of Provisions.

The Contractor shall include the provisions of Paragraphs (1) through (6) of this EXHIBIT 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as Multnomah County may direct, or the State of Oregon, or the U.S. Department of Transportation, Federal Highway Administration may determine to be appropriate as a means of enforcing such provisions including sanctions for noncompliance.

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request Multnomah County enter into such litigation to protect the interests of the County and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

Page: 26

PAYMENT BOND

Bond No. Sample – Do Not Complete

Solicitation

Project Name:

(Surety #1) Bond Amount No. 1: $

(Surety #2)* Bond Amount No. 2:* $

* If using multiple sureties Total Penal Sum of Bond: $

We, , as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto Multnomah County, the State of Oregon, and the Oregon Department of Transportation, the Total Penal Sum of Bond (TPS) of $ ____________________________________________ or as such TPS shall be increased as provided below.

(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and

WHEREAS, the Principal has entered into a certain contract with Multnomah County, the plans, specifications, terms and conditions of which are contained in above-referenced Solicitation;

WHEREAS, the terms and conditions of said contract, together with the following items: the General Conditions for Construction for Multnomah County (2021) and the 2021 Oregon Standard Specifications for Construction parts 00200 through 03000; the plans pertaining to this contract on file with the County’s Purchasing Director; and the Special Provisions, Addendums, Bid Documents and Exhibit(s), including but not limited to the schedule of contract prices; and in accordance with such alterations or modifications of said items as authorized under said contract, are made a part of this Payment Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract (and corresponding increase in the TPS), or constitute authorized extensions of time for performance of the Contract, notice to the Sureties of any of the immediately foregoing are waived. :

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things…