DTD Park Ave_River Rd Bid Packet.pdf

CONSTRUCTION PROJECT MANUAL

for

SE River Road SE Park Avenue Pedestrian Crosswalk Project

(Oak Grove, Oregon)

December 7, 2023

FEDERALLY FUNDED

by

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

through

CLACKAMAS COUNTY

DEPARTMENT OF HEALTH, HOUSING and HUMAN SERVICES

COMMUNITY DEVELOPMENT DIVISION

2051 Kaen Road, Suite 245, Oregon City, OR

(503) 655-8591

Clackamas Contract Form B-1 (5/19)

CLACKAMAS COUNTY

NOTICE OF PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

INVITATION TO BID

SE River Road and SE Park Avenue Pedestrian Crossing Improvements Project

January 3, 2024

Clackamas County (“County”), on behalf of Housing and Community Development Division (HCDD) and the Department of Transportation and Development (DTD), through their Board of County Commissioners is accepting sealed bids for SE River Road and SE Park Avenue Pedestrian Crossing Improvements Project until January 3, 2024, 2:00 PM, Pacific Time, (“Bid Closing”). DTD is seeking a qualified contractor to construct crosswalk improvements including signing, pavement markings and an AC-powered rectangular rapid flashing beacon system (RRFB) as detailed on the project plans. The project site is SE River Road and SE Park Avenue, Oak Grove, OR, 97222.

Bidding Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address: https://oregonbuys.gov/bso/view/login/login.xhtml, Document No.S-C01010- 000008870 (we won’t have this number until it’s uploaded to ORBuys.)

Prospective Bidders will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Bidders are responsible for obtaining any Addenda from Website listed above.

DELIVER BIDS VIA EMAIL:

Steve Kelly, Project Coordinator: stevekel@clackamas.us Project Estimate: $140,000 to $150,000 dollars

Project Schedule: Notice to Proceed, 120 Days to Substantial Completion and 170 Days to Final Completion. Clackamas County is aware the electrical signs must be ordered and shipped for installation.

The County will be flexible regarding this component issue of the project.

Project Key Dates & Notes:

1) Construction Substantial Completion: May 15, 2024

2) Construction Final Completion: June 15, 2024

3) Contract Expiration and Close-out: June 30, 2024

4) Clackamas County is issuing the Building Permit and other associated Permits.

Contact Information:

Government documents for bid only – Steve Kelly, Project Coordinator: stevekel@clackamas.us Technical Questions - Ioana Cosma P.E., PTOE, Traffic Engineer: ICosma@clackamas.us

Mandatory walk-throughs and site access:

There is no mandatory Walk-through, contractors can go online via Google Earth, or observe the existing public intersection.

Bids will be opened and read at the above Delivery Address via Emailed Address after the Bid Closing.

Bid results will also be posted to the OregonBuys project site shortly after the opening.

State of Oregon Prevailing Wage:

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:stevekel@clackamas.us mailto:ICosma@clackamas.us

Clackamas Contract Form B-1 (5/19)

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

PREVAILING WAGE RATES for Public Works Contracts in Oregon, July 5, 2023 , which can be downloaded at the following web address: PWR Rate Book for July 5, 2023.pdf (oregon.gov) The Work will take place in Clackamas County, Oregon.

NOTE 1: Contractors are required to pay the higher wage classification between State (“BOLI”) and Federal (Davis-Bacon) for all Community Development Block Grant (“CDBG”) funded projects.

Federal Prevailing Wage Rates:

Prevailing Wage Rates requirements apply to this Project because the maximum compensation for all Owner-contracted Work is more than $2,000. Contractor and all subcontractors shall comply with the provisions of the David-Bacon Act (40 U.S.C. 3141 et seq).

PREVAILING WAGE RATES for BUILDING shall be used for Clackamas County, August 11, 2023, Modification 12, Type: Highway, which can be downloaded at the following web address: SAM.gov

If the Davis-Bacon Prevailing Wage Rates change 10 days before the Bid Opening Date, Clackamas HCDD will issue an Addendum providing the new wage rates.

NOTE 2: Contractors are required to pay the higher wage classification between State (“BOLI”) and Federal (Davis-Bacon) for all CDBG funded projects.

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

https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/xPWR%20Rate%20Book%20for%20January%205,%202023.pdf https://sam.gov/wage-determination/OR20230023/5

Clackamas Contract Form B-2 (5/2019)

PUBLIC IMPROVEMENT CONTRACT OPPORTUNITY

Table of Contents

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

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

Section B-3……………………………………… Supplemental Instructions to Bidders & Good Faith Effort

Section B-3a……………………………………..Good Faith Effort Forms

Section B-4……………………………………… Bid Bond

Section B-5……………………………………… Bid Form

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

Section B-7……………………………………… General Conditions

Section B-8……………………………………… Supplemental General Conditions

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

Section B-10…………………………………….. Payment Bond and Public Works Bond

Section B-11…………………………………….. Prevailing Wage Rates (Federal–Davis Bacon & State-

BOLI), Federal Provisions (Labor Standards)

Section B-12…………………………………….100% Specification Divisions, provided by Clackamas

County Department of Transportation and Development

Section B-13……………………………………..Project Drawings, provided by Global Transportation

Engineering

PUBLIC IMPROVEMENT CONTRACT

INSTRUCTIONS TO BIDDERS

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

http://www.clackamas.us/code/documents/appendixc .pdf. The Instructions to Bidders is applicable to the procurement process for Clackamas County, or any component unit thereof identified on the Notice of Public Improvement Contract Opportunity, herein after referred to as the “Owner.”

Article 1. Scope of Work The work contemplated under this contract with the Owner, includes all labor, materials, transportation, equipment and services necessary for, and reasonably incidental to, the completion of all construction work in connection with the project described in the Project Manual which includes, but is not necessarily limited to, the Notice of Public Improvement Contract Opportunity, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Form, Bid Bond, Public Improvement Contract Form, Performance Bond, Payment Bond, Clackamas County General Conditions for Public Improvement Contracts (1/1/2017), Supplemental General Conditions, and Plans, Specifications and Drawings.

Article 2. Examination of Site and Conditions

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

The Owner will not be responsible for any loss or for any unanticipated costs, which may be suffered by the successful Bidder, as a result of such Bidder's failure to be fully informed in advance with regard to all conditions pertaining to the work and the character of the work required, including site conditions. No statement made by an elected official, officer, agent, or employee of the Owner in relation to the physical or other conditions pertaining to the site of the work will be binding on the Owner, unless covered by the Project Manual or an Addendum.

Article 3. Interpretation of Project Manual and

Approval of Materials Equal to Those Provided in the Specifications

If any Bidder contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or forms of contract documents, or detects discrepancies or omissions, such Bidder may submit to the Engineer (read "Architect" throughout in lieu of Engineer as appropriate) a written request for an interpretation thereof at least ten (10) calendar days prior to the date set for the Bid Closing.

When a prospective Bidder seeks approval of a particular manufacturer's material, process or item of equal value, utility or merit other than that designated by the Engineer in the Project Manual, the Bidder may submit to the Engineer a written request for approval of such substitute at least ten (10) calendar days prior to the date set for the Bid Closing. The prospective Bidder submitting the request will be responsible for its prompt delivery.

Requests of approval for a substitution from that specified shall be accompanied by samples, records of performance, certified copies of tests by impartial and recognized laboratories, and such other information as the Engineer may request.

To establish a basis of quality, certain processes, types of machinery and equipment or kinds of materials may be specified in the Project Manual either by description of process or by designating a manufacturer by name and referring to a brand or product designation or by specifying a kind of http://www.clackamas.us/code/documents/appendixc.pdf http://www.clackamas.us/code/documents/appendixc.pdf material. Whenever a process is designated or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal" follow such name, designation or description, whether in fact they do so or not.

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

When the Engineer approves a substitution by Addendum, it is with the understanding that the Contractor guarantees the substituted article or material to be equal or better than the one specified.

Article 4. Security to Be Furnished by Each Bidder

Each Bid must be accompanied by either 1) a cashier's check or a certified check drawn on a bank authorized to do business in the State of Oregon, or 2) a Bid bond described hereinafter, executed in favor of the Owner, for an amount equal to ten percent (10%) of the total amount Bid as a guarantee that, if awarded the contract, the Bidder will execute the contract and provide a performance bond and payment bond as required. The successful Bidder's check or Bid bond will be retained until the Bidder has entered into a contract satisfactory to Owner and furnished a one hundred percent (100%) performance bond and one hundred percent (100%) payment bond. The Owner reserves the right to hold the Bid security as described in Article 10 hereof. Should the successful Bidder fail to execute and deliver the contract as provided for in Article 12 hereof, including a satisfactory performance bond and payment bond within twenty

(20) calendar days after the Bid has been accepted by the Owner, then the contract award made to such Bidder may be considered canceled and the Bid security may be forfeited as liquidated damages at the option of the Owner. The date of the acceptance of the Bid and the award of the contract as contemplated by the Project Manual shall mean the date of acceptance specified in the Notice of Intent to Award.

Article 5. Execution of Bid Bond

Should the Bidder elect to utilize a Bid bond as described in Article 4 in order to satisfy the Bid security requirements, such form must be completed in the following manner:

A. Bid bonds must be executed on the County forms, which will be provided to all prospective Bidders by the Owner.

B. The Bid bond shall be executed on behalf of a bonding company licensed to do business in the State of Oregon.

C. In the case of a sole individual, the bond need only be executed as principal by the sole individual. In the case of a partnership, the bond must be executed by at least one of the partners.

In the case of a corporation, the bond must be executed by stating the official name of the corporation under which is placed the signature of an officer authorized to sign on behalf of the corporation followed by such person's official capacity, such as president, etc. The corporation seal should then be affixed to the bond.

D. The name of the surety must be stated in the execution over the signature of its duly authorized attorney-in-fact and accompanied by the seal of the surety corporation.

Article 6. Execution of the Bid Form

Each Bid shall be made in accordance with: (i) the sample Bid Form accompanying these instructions;

(ii) the appropriate signatures for a sole individual, partnership, corporation or limited liability corporation shall be added as noted in Article 5C above; (iii) numbers pertaining to base Bids shall be stated both in writing and in figures; and (iv) the Bidder's address shall be typed or printed.

The Bid Form relates to Bids on a specific Project Manual. Only the amounts and information asked for on the Bid Form furnished will be considered as the Bid. Each Bidder shall Bid upon the work exactly as specified and provided in the Bid Form. The Bidder shall include in the Bid a sum to cover the cost of all items contemplated by the Contract. The Bidder shall Bid upon all alternates that may be indicated on the Bid Form. When Bidding on an alternate for which there is no charge, the Bidder shall write the words "No Charge" in the space provided on the Bid Form.

If one or more alternates are shown on the Bid Form, the Bidder shall indicate whether each is "add" or "deduct."

Article 7. Prohibition of Alterations to Bid

Bids that are incomplete, or contain ambiguities or have differing conditions required by the Bidder, including requested changes or exceptions to the Public Improvement Contract form or other portions of the Project Manual, may be rejected in Owner’s sole and absolute discretion.

Article 8. Submission of Bid

Each Bid shall be sealed in an envelope, properly addressed to the Owner, showing on the outside of the envelope the name of the Bidder and the name of the project. Bids will be received at the time and place stated in the Notice of Public Improvement Contract Opportunity.

Article 9. Bid Closing and Opening of Bids

All Bids must be received by the Owner at the place and time set for the Bid Closing. Any Bids received after the scheduled Bid Closing time for receipt of Bids will be rejected.

At the time of opening and reading of Bids, each Bid received will be publicly opened and read aloud, irrespective of any irregularities or informalities in such Bids.

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

Article 10. Acceptance or Rejection of Bids by Owner

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

The Owner reserves the right to reject all Bids and to waive minor informalities. The procedures for contract awards shall be in compliance with the provisions of the LCRB Rules in effect at that time.

The Owner reserves the right to hold the Bid and Bid security of the three lowest Bidders for a period of thirty (30) calendar days from and after the time of Bid opening pending award of the contract.

Following award of the contract the Bid security of the three lowest Bidders may be held twenty (20) calendar days pending execution of the contract. All other Bids will be rejected and Bid security will be returned.

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

If no Bid has been accepted within thirty (30) calendar days after the opening of the Bids, each of the three lowest Bidders may withdraw the Bid submitted and request the return of the Bid security.

Article 11. Withdrawal of Bid

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

After the time set for the Bid Closing, no Bidder will be permitted to withdraw its Bid within the time frames specified in Article 10 for award and execution, except as provided for in that Article.

Article 12. Execution of Contract, Performance Bond and Payment Bond

The Owner will provide the successful Bidder with contract forms within seven (7) calendar days after the completion of the award protest period. The Bidder is required to execute the contract forms as provided, including a performance bond and a payment bond from a surety company licensed to do surety business in the State of Oregon, within seven (7) calendar days after receipt of the contract forms. The contract forms shall be delivered to the Owner in the number called for and to the location as instructed by the Owner.

Article 13. Recyclable Products

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

Article 14. Clarification or Protest of the Solicitation Document or Specifications

Any request for clarification or protest of the solicitation document or specifications must be submitted in the manner provided for in the applicable section of the LCRB Rules to the Procurement Representative referenced in the Notice of Public Improvement Contract Opportunity.

A protest of the Solicitation Document must be received within seven (7) business days of the issuance of the Bid or within three (3) business days of issuance of an addendum.

Requests for clarification may be submitted no less than five (5) business days prior to the Bid Closing Date.

Article 15. Protest of Intent to Award

Owner will name the apparent successful Bidder in a “Notice of Intent to Award” letter. Identification of the apparent successful Bidder is procedural only and creates no right in the named Bidder to the award of the contract. Competing Bidders will be notified by publication of the Notice of Intent to

Award on the OregonBuys Website of the selection of the apparent successful Bidder(s) and Bidders shall be given seven (7) calendar days from the date on the “Notice of Intent to Award” letter to review the file at the Procurement Division office and file a written protest of award, pursuant to C-049-0450.

Any award protest must be in writing and must be delivered by hand delivery or mail to the Procurement Division Director at: Procurement Division, 2051 Kaen Road, Oregon City, OR 97045.

Article 16. Disclosure of First-Tier Subcontractors

Within two (2) working hours after the Bid Closing, all Bidders shall submit to the County a disclosure form identifying any first-tier subcontractors (those entities that would be contracting directly with the prime contractor) that will be furnishing labor and materials on the contract, if awarded, whose subcontract value would be equal to or greater than:

(a) Five percent (5%) of the total contract price, but at least $15,000; or (b) $350,000, regardless of the percentage of the total contract price.

Disclosures may be submitted with the Bid or may be hand delivered to the Bid Closing address or emailed to procurement@clackamas.us.

Article 17. Federal, State and Local Provisions

This project is financed through Federal funds from Clackamas County Health, Housing and Human, Community Development Division. Bidders' attention is particularly directed to the following contract provisions:

17.1 Federal Labor Standards (Davis-Bacon)

Prevailing Wage Rates (Is applicable for this project.) The Successful Bidder will be required to comply with Federal Labor Standards Provisions, pay laborers and mechanics not less than the Federal Davis-Bacon prevailing wage rates as determined by the Secretary of Labor, and require his/her subcontractors to comply with these provisions under Davis-Bacon Act, as amended (40 U.S.C.

276a). General Contractor and Subcontractors are required to pay the higher wage classification for workers between BOLI and Davis-Bacon.

17.2 State of Oregon (Bureau of Labor and

Industries) Wage Rates (Is applicable for this mailto:procurement@clackamas.us project.) The Successful Bidder will be required on various work classifications to comply with State of Oregon Wage Rates. The Successful Bidder will have to compare the Federal (Davis-Bacon) to the State (BOLI) wage rates and pay the higher of the two wage decisions. Public work contracts are subject to ORS 279C.800 to 279C.870 and the Davis-Bacon Act (40 U.S.C. 276a), no bid will be received or considered by the public contracting agency unless the bid contains a statement by the bidder as a part of its bid that the provisions of ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 276a are to be complied with. This is mandated by the Secretary of Labor and the Bureau of Labor and Industries effective as of January 1, 2006.

Subcontractors are to comply with these provisions.

17.3 Debarment and Oregon State Licensing

Requirements, Local Contract Review Board (LCRB) Rules

The Bidder shall not propose or contract with any subcontractor or other person or organization included in the Debarred, Suspended, and Ineligible Contractors list(s). Furthermore, the Bidder shall not be listed on the State of Oregon Debarred Contractors list, and must be registered on the State of Oregon Construction Contractors Board and possess a current license number.

17.4 Equal Employment Opportunity (General

Conditions, Paragraph 15.10)

The Successful Bidder will be required to comply with the provisions as stated in the General Conditions - Abbreviated Construction Contract.

17.5 Federal HUD Section 3 Requirements

The successful Bidder will be required to comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968 as amended (herein referred to as Section 3 requirements). Such provisions require that economic opportunities generated by HUD financial assistance shall, to the greatest extent feasible, be given to low income residents of the metropolitan area in which the project is located and to businesses that provide economic opportunities for these persons.

Contracts exceeding $100,000 are considered “Section 3 covered contracts.” Bids exceeding $100,000 must include an indication of whether or not the firm submitting the bid is a “Section 3 business concern.”

A Section 3 business concern is defined by HUD regulations as a business concern:

(1) That is 51 percent or more owned by Section 3 residents; or

(2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents or, within three years of the date of first employment with the business concern, were Section 3 residents; or

(3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or

(2) above.

A Section 3 resident means:

(1) A public housing resident; or

(2) An individual who resides in the metropolitan area in which the Section 3 covered assistance is expended, and who is a low-income person or a very low-income person. For purposes of this project residents of the Portland/Vancouver metropolitan area who are members of families meeting the following income limits are considered low or very low income persons.

HUD 2023 Income Limits- Portland- Vancouver-Hillsboro OR-WA Area

Household Size

Very Low Income

Low Income

1 Person $39,500 $63,150

2 Person $45,150 $72,200

3 Person $50,800 $81,200

4 Person $56,400 $90,200

5 Person $60,950 $97,450

6 Person $65,450 $104,650

7 person $69,950 $111,850

8 Person $74,450 $119,100

If applicable, the Section 3 Clause required under 24 C.F.R. § 135.38 will be incorporated into this solicitation and any contract executed between Owner and Successful Bidder. (Only applicable for CDBG funding over $200,000 dollars in a project.)

17.6 Notice of Requirement for Affirmative

Action to Ensure Equal Employment Opportunity - Executive Order 11246 (General Conditions, Paragraph 15.16):

17.7 The Bidder's attention is called to the "Equal

Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth in the Contract at Paragraphs 15.14 and 15.16 of the General Conditions.

17.8 The goals and timetables for minority and

female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows:

MINORITY GOALS AND TIMETABLES

TIMETABLE TRADE GOAL (Percent)

Until further notice All 4.5

FEMALE GOALS AND TIMETABLES

TIMETABLE GOAL (Percent)

Until further notice 6.9

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is Clackamas County, Oregon.

17.9 Certification of Nonsegregated Facilities*

By signing the Bid Proposal, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restroom and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

17.10 Submission of Compliance Documents

In order to document this compliance with Community Development Division requirements and Federal regulations, the Successful Bidder will be required to submit and to require his subcontractors to submit various forms and reports required by the Contract Documents, including: (a) Contract and Sub-Contract Activity Form; (b) Clackamas County Female Owned Business Form; (c) Contractor/Subcontractor Contract Agreement, whether the contractor or subcontractor is a sole proprietor, an owner performing all work on the project, a contractor with no employees, or otherwise.

17.11 Disclosure of Proposed Subcontractors

For Subcontractors that provide bids to the Contractor (i.e. General) for this project, amounts of $5,000 dollars and or greater, provide the following information to Clackamas County:

1) Company Name

2) Oregon CCB Number

3) Full Mailing Address

4) Federal Tax ID Number

5) Type of Trade Work for Project

6) Contracted Dollar Amount

Clackamas County will provide a HUD 2516 Form

17.12 Affirmative Action for Handicapped

Workers (General Conditions, Paragraph 15.11)

The Successful Bidder will be required to comply with the U.S. Department of Labor Regulations prohibiting employment discrimination against and requiring affirmative action to employ mentally or physically handicapped workers.

17.13 State of Oregon Equal Employment

Opportunity

The Successful Bidder will be required to comply with the requirements of ORS Chapter 659 relating to equal employment opportunity, including nondiscrimination on the basis of mental or physical

Clackamas Contract Form B-3 (3/2018)

PUBLIC IMPROVEMENT CONTRACT

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

Project Name: SE River Road and SE Park Avenue Pedestrian Crossing Project (Oak Grove, OR/ Clackamas County)

The following modify the Clackamas County “Instructions to Bidders” for this Project. Where a portion of the Instructions to Bidders has been modified by these Supplemental Instructions to Bidders, the unaltered portions shall remain in effect.

1. Submission of Bids by email: The County is requiring all bids for this project be electronically submitted. Complete Bids (including all attachments) must be received by the closing time and date 2:00 p.m. Pacific Time, January 3, 2024.

The Bid must be emailed to the following address: stevekel@clackamas.us. The email subject line must read “Bid for SE River Road and SE Park Avenue Pedestrian Crossing Project”. Upon receiving of the bid, the County will send bidders an email confirmation acknowledging receipt. Bids delayed or lost by email system filtering or failures may be considered at Clackamas County’s sole and absolute discretion.

Bids will be publicly read aloud via the computer application, Zoom. Bidders will be allowed to video conference or listen by phone to the bid results. The projects Zoom meeting can be accessed via the information below:

Join Zoom Meeting https://clackamascounty.zoom.us/j/82187780397

Meeting ID: 821 8778 0397

One tap mobile +16699006833,,82187780397# US (San Jose)

+17193594580,,82187780397# US

Dial by your location

• +1 669 900 6833 US (San Jose)

• +1 719 359 4580 US

• +1 253 205 0468 US

• +1 253 215 8782 US (Tacoma)

• +1 346 248 7799 US (Houston)

• +1 408 638 0968 US (San Jose)

• +1 669 444 9171 US

• +1 312 626 6799 US (Chicago)

• +1 360 209 5623 US

• +1 386 347 5053 US

• +1 507 473 4847 US

• +1 564 217 2000 US

• +1 646 876 9923 US (New York)

• +1 646 931 3860 US

• +1 689 278 1000 US

• +1 301 715 8592 US (Washington DC)

• +1 305 224 1968 US

• +1 309 205 3325 US

Meeting ID: 821 8778 0397

Find your local number: https://clackamascounty.zoom.us/u/kdSUX9YLqI

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

2. The General Contractor awarded this construction contract will be required to adhere to all work performed, as a result of this procurement shall be conducted in strict accordance with all applicable local, state and federal regulations. Even if not specifically detailed in the Scope of Work, Drawings or Specifications all work shall be accomplished in accordance with all current City, County and State building codes/requirements. The contractor shall be responsible for all permits, locates and fees necessary to perform this work.

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

Bidders must perform Good Faith Effort (defined below) and submit Form 1 and Form 2 for the Bidders Bid to be considered responsive. Form 1 and Form 2 must be submitted within two (2) hours after the Closing Date and Time. Form 1 and Form 2 may be submitted by hand delivery to the location the Bid was due or may email the completed Forms to stevekel@clackamas.us. “Good Faith Effort” is a requirement of a prime contractor to reach out to at least three Historically Underrepresented Business Subcontractors for each division of work that will be subcontracted out and to complete the required forms. If fewer than three Historically Underrepresented Business Subcontractors are reasonably available for a particular division of work, the Bidder must specifically note the reason for there being fewer than three contacts. The outreach should be performed with sufficient time to give the subcontractors at least 5 calendar days to respond to the opportunity. Form 3, which documents the actual amount of subcontractors on the project, must be submitted with the project final pay application. Compliance with the Good Faith Effort and submission of Forms 1, 2 and 3 is a contractual requirement for final payment.

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

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

Clackamas County GFE (12/2016) Page 1 of 4

GOOD FAITH EFFORT

SUBCONTRACTOR AND SELF-PERFORMED WORK LIST

(FORM 1)

Prime Contractor Name: Total Contract Amount:

Project Name: SE River Road and SE Park Avenue Pedestrian Crossing Project/ Oak Grove, OR

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

DOW BIDDER WILL SELF-PERFORM (GFE not required)

PRIME CONTRACTOR SHALL DISCLOSE AND LIST ALL SUBCONTRACTORS, including those Minority-owned, Woman-owned, and Emerging Small Businesses (“M/W/ESB”) that you intend to use on the project. Hand delivery to Procurement, 2051 Kaen Road, Oregon City, OR 97045 or email to stevekel@clackamas.us within 2 hours of the BID/Quote Closing Date/Time

LIST ALL SUBCONTRACTORS BELOW

Use correct legal name of Subcontractor

(No Assumed Business Names)

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

List ALL DOW performed by Subcontractors

DOLLAR

AMOUNT OF

SUBCONTRACT

If Certified or self-reporting

MBE/WBE/ESB

Subcontractor

Check box

MBE WBE ESB

Name Address City/St/Zip Phone#

OCCB#

Name Address City/St/Zip Phone#

OCCB#

Name Address City/St/Zip Phone#

OCCB#

Name Address City/St/Zip Phone#

OCCB#

Clackamas County GFE (12/2016) Page 2 of 4

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

Prime Contractor Name: Total Contract Amount:

Project Name: SE River Road and SE Park Avenue Pedestrian Crossing Project, Oak Grove, OR

LIST ALL SUBCONTRACTORS BELOW

Use correct legal name of Subcontractor

(No Assumed Business Names)

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

List ALL DOW performed by Subcontractors

DOLLAR

AMOUNT OF

SUBCONTRACT

If Certified or self-reporting

MBE/WBE/ESB

Subcontractor

Check box

MBE

WBE

ESB

Name Address City/St/Zip Phone#

Address City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

Clackamas County GFE (11/2016) Page 3 of 4

GOOD FAITH EFFORT

M/W/ESB CONTACT / BIDS RECEIVED LOG

(FORM 2)

Prime Contractor:

Project: SE River Road and SE Park Avenue Pedestrian Crossing Project/ Oak Grove, OR

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

NAME OF M/W/ESB

SUBCONTRACTOR

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

Date Sollicitation Letter / Fax

Sent

PHONE CONTACT

BID ACTIVITY

Check Yes or No

REJECTED BIDS

(if bid received & not used)

Notes

Will Bid

Bid Received

Bid Used

Bid Amount Reason Not Used (Price, Scope or Other. If Other, explain in Notes>>) Date of Call Person Receiving Call

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Clackamas County GFE (11/2016) Page 4 of 4

GOOD FAITH EFFORT

PROJECT COMPLETION REPORT

(FORM 3)

Prime Contractor Name: Total Contract Amount:

Project Name: SE River Road and SE Park Avenue Pedestrian Crossing Project/ Oak Grove, OR

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

LIST ALL SUBCONTRACTORS BELOW

Use correct legal name of Subcontractor

(No Assumed Business Names)

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

List ALL DOW performed by Subcontractors

FINAL DOLLAR

AMOUNT OF

SUBCONTRACT

If Certified or self-reported

MBE/WBE/ESB

Subcontractor

Check box

MBE

WBE

ESB

Address City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

City/St/Zip

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

THE INFORMATION CONTAINED HEREIN IS COMPLETE AND ACCURATE. .

Authorized Signature of Contractor Representative Date

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

BID BOND

Project Name: SE River Road and SE Park Avenue Pedestrian Crossing Project

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

______________________________________________________________________ dollars.

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

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

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

Principal:_______________________________________

By:____________________________________________

Signature

Official Capacity

Attest:__________________________________________ Corporation Secretary

Surety:________________________________________

By: Attorney-In-Fact

City State Zip

Phone Fax

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

BID FORM

PROJECT: SE River Road and SE Park Avenue Pedestrian Crossing Project BID CLOSING: January 3, 2024, 2:00 PM, Pacific Time BID OPENING: January 3, 2024, 2:05 PM, Pacific Time

FROM: __________________________________________________________________

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

EMAIL: Steve Kelly, Project Coordinator, stevekel@clackamas.us

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

____a. An individual; or

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

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

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

and authorized to do business in the State of Oregon hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Project as a Base Bid Amount (Page 2):

Dollars ($______________________) and the Undersigned agrees to be bound by the following documents:

• Notice of Public Improvement Contract Opportunity

• Instructions to Bidders • Supplemental Instructions to Bidders

• Bid Bond • Bid Form

• Public Improvement Contract Form • Performance Bond and Payment Bond

• Clackamas County General Conditions • Supplemental General Conditions

• Prevailing Wage Rates • Payroll and Certified Statement Form

• Plans, Specifications and Drawings

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

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

BID SCHEDULE FOR:

SE RIVER ROAD AND SE PARK AVENUE

PEDESTRIAN CROSSING PROJECT

No. Item Number:

Item Description:

Bidding Units:

Class of Work:

Quantity:

Unit Cost:

Item Cost:

1 0210-0100000A Mobilization LS MOB 1 $ $

2 0221-0100000A Temporary Protection and Direction of Traffic LS TTC 1 $ $

3 0222-0102000J Temporary Signs SQFT TTC 166 $ $

4 0223-0168000T Flaggers HOUR TTC 16 $ $

5 0224-0104000E Temporary Barricades, Type II EACH TTC 6 $ $

6 0224-0145000E Temporary Plastic Drums EACH TTC 20 $ $

7 0228-0141600F Pedestrian Channelizing Devices FOOT TTC 50 $ $

8 0228-0146760E Temporary Curb Ramp, Parallel EACH TTC 2 $ $

9 0280-0100000A Erosion Control LS LS 1 $ $

10 0290-0100000A Pollution Control Plan LS MHA 1 $ $

11 0759-0128000J Concrete Walks SQFT MHA 124 $ $

12 0867-0145100J Pavement Bar, Type B-HS SQFT PAVE 160 $ $

13 0920-0100000A Sign Support Footings LS SIGN 1 $ $

14 0930-0117000A Perforated Steel Square Tube Anchor Sign Supports

LS SIGN 1 $ $

15 0940-0202000J Sign Standard Sheeting, Sheet Aluminum SQFT SIGN 22 $ $

16 0990-0106000A Flashing Beacon Installation, SE River Road at SE Park Avenue

LS ELEC 1 $ $

Base Bid Amount:

NOTE: Write in the Base Bid Amount on Page 1.

2. The Undersigned proposes to add to or deduct from the Base Bid indicated above the items of work relating to the following Alternate(s) as designated in the Specifications: N/A.

3. The Undersigned proposes to add to or deduct from the Base Bid indicated above the items or work relating to the following Unit Price(s) as designated in the Specifications, for which any adjustments in the Contract amount will be made in accordance with Section D of the Clackamas County General Conditions: N/A

4. The work shall be completed within the time stipulated and specified in the Clackamas County Public Works Improvements, Contract Form B-6 item 4. Contract Dates, page 2.

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

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

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

(name of surety company - not insurance agency)

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

7. The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with Clackamas County; that the amount thereof is the measure of liquidated damages which the Owner will sustain by the failure of the Undersigned to execute and deliver the above-named Contract Form, Performance Bond and Payment Bond, each as published, and that if the Undersigned defaults in either executing the Contract Form or providing the Performance Bond and Payment Bond within twenty (20) calendar days after receiving the Contract forms, then the Bid Security shall become the property of the Owner at the Owner's option; but if the Bid is not accepted within thirty (30) calendar days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Contract Form, Performance Bond and Payment Bond, the Bid Security shall be returned.

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

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

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

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

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

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

13. The successful Bidder hereby certifies that, in compliance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is ______________________________, Policy No. , and that Contractor shall submit Certificates of Insurance as required.

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

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

15. The Undersigned certifies that it has not discriminated against minority, women, or emerging small businesses in obtaining any…