Invitation to Bid 2023-18.Final.pdf

INVITATION TO BID

ITB # 2023-18

Wild Trout - Timber Sale ISSUE DATE: April 13, 2023

Tralee Whitley

Analyst

BID DUE DATE AND TIME

May 4, 2023 (2:00 PM, PST)

SUBMITTAL LOCATION:

Clackamas County Procurement Division https://bidlocker.us/a/clackamascounty/BidLocker

Rev 02/2023 Page | 1

1.0 GENERAL

1.01 SCHEDULE OF EVENTS:

Invitation to Bid Issue Date ..................................................................................... April 13, 2023 Protest of Specifications Deadline .......................................................................... April 20, 2023 Request for Clarification or Change Deadline ........................................................ April 20, 2023 Bid Due Date and Time............................................................................................... May 4, 2023

This Schedule of Events is subject to change. Any changes will be made through the issuance of

Written Addenda.

1.02 ISSUING OFFICE:

Bidding Documents can be downloaded from OregonBuys at the following address:

https://oregonbuys.gov/bso/view/login/login.xhtml Document No. S-C01010-0000XXXX. 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.

The Procurement Division of Clackamas County (“County”) is the issuing office and is the sole point of contact for this Invitation to Bid (“ITB”). All questions regarding this ITB should be directed to the Administrative Contact person identified below:

Name: Tralee Whitley Title: Procurement Analyst Telephone: (503) 742-5453 Email: TWhitley@clackamas.us

1.03 DEFINITIONS

As used in this ITB, the terms set forth below are defined as follows:

1. "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of the ITB.

2. "Exhibits" means those documents which are attached to and incorporated as part of the ITB.

3. "Bid" means an offer, binding on the Bidder and submitted in response to an Invitation to Bid.

4. "Bidder" means an entity that submits a Bid in response to an ITB.

5. "Bid Due Date and Time" means the date and time specified in the ITB as the deadline for submitting Bids.

6. "Invitation to Bid" or “ITB” means a Solicitation Document for the solicitation of competitive, Written, signed and sealed Bids in which Specifications, price, and delivery (or project completion) are the predominant award criteria.

7. “LCRBR” means the Clackamas County Local Contract Review Board Rules found at:

https://www.clackamas.us/code

8. "Responsible" means an entity that demonstrates their ability to perform satisfactorily under a contract by meeting the applicable standards of responsibility outlined in LCRBR C-047-0500.

9. "Responsive" means a Bid that has substantially complied in all material respects with the criteria outlined in the ITB.

10. “Written or Writing” means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression intended to represent or convey particular ideas or meanings.

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:TWhitley@clackamas.us https://www.clackamas.us/code

2.0 INTRODUCTION AND BACKGROUND

2.01 INTRODUCTION:

Clackamas County is seeking sealed competitive bids with respect to the sale of timber located southeast of Sandy, Oregon and northeast of the Eagle Creek community (the “Wild Trout Timber Sale”). The timber is located in the County’s Wildcat Forest tract approximately 8.47 miles southeast of Sandy, Oregon.

2.02 BACKGROUND:

The County is selling approximately 1.748 million board feet (MMBF) of timber (1,481 MBF Douglas-fir, 231 MBF white wood, 36 MBF of cedar).

3.0 SPECIFICATIONS / STATEMENT OF WORK

3.01 REQUIRED SPECIFICATIONS:

In order to qualify as a Responsive Bidder, the Bid needs to meet the required specifications per Exhibit A, attached and hereby incorporated by reference, and the bidder needs be qualified to bid in accordance with Clackamas County Code Chapter 2.06 and ORS Chapter 275.

3.02 TERMS AND CONDITIONS:

Sample Contract: Submission of a Bid in response to this ITB indicates Bidder’s willingness to enter into a contract on terms acceptable to the County. A sample contract will be published at a later date.

Once published, no action or response to the sample contract will be required under this ITB. This ITB and all supplemental information in response to this ITB will be a binding part of the final contract. The Bidder will also be required to execute a performance bond as part of any final contract.

4.0 BIDDER QUALIFICATIONS

4.01 MINIMUM QUALIFICATIONS:

In order to qualify as a Responsive Bidder, the Bidder needs to meet the minimum qualifications below:

Oregon Professional Loggers Certification required for the logger that will be performing the harvest work. In addition, the Bidder must be eligible to bid in accordance with Clackamas County Code Chapter 2.06, ORS Chapter 275, and ORS Chapter 526, as applicable.

5.0 REQUIRED SUBMITTALS

5.01 SUBMISSION OF BID AND QUANTITY:

Bids will only be accepted electronically through a secure online bid submission service, Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed bid documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum. LATE BIDS WILL

NOT BE ACCEPTED.

C. Bidders must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Bidders with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

https://www.clackamas.us/how-to-bid-on-county-projects

Rev 02/2023 Page | 1

5.02 REQUIRED SUBMITTALS:

It is the Bidder’s sole responsibility to submit information in fulfillment of the requirements of this ITB.

If pertinent information or required submittals are not included within the Bid, it may cause the Bid to be rejected.

Bidders should submit the following information:

• Description of how the Bidder will meet the required specifications described in Exhibit A.

• Detailed information about how the Bidder meets the minimum qualifications detailed in

Section 4.

• Exhibit B, Certifications, fully completed.

• Exhibit C, Bid Price Form, fully completed.

• Exhibit D, Bid Bond

6.0 EVALUATION AND AWARD

6.01 EVALUATION:

Bids will be evaluated to determine the Highest Responsible Bidder based upon the ITB, Exhibits and Addenda. The County reserves the right to determine which bid is the highest and most advantageous to the County, as determined by the County in its sole discretion. The County reserves the right to reject any and all bids not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any and all bids upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest.

6.02 BEST AND FINAL OFFER:

The County may request best and final offers from those Bidders determined by County to be reasonably viable for contract award. However, County reserves the right to award a contract on the basis of initial bid received. Therefore, each bid should contain the Bidder’s best terms from a price and technical standpoint. Following evaluation of the best and final offers, County may select for final contract negotiations/execution the offers that are most advantageous to County, considering cost and the evaluation criteria in this ITB.

6.03 INVESTIGATION OF REFERENCES:

County reserves the right to investigate and to consider the references and the past performance of any Bidder with respect to such things as its performance or provision of similar goods or services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. County further reserves the right to consider past performance, historical information and facts, whether gained from the Bid, interviews, references, County or any other source.

County may postpone the award or execution of the Contract after the announcement of the notice of intent to award in order to complete its investigation.

7.0 INSTRUCTIONS TO BIDDERS

7.01 APPLICABLE STATUTES AND RULES:

This ITB is subject to the applicable provisions of ORS 275.340 and Clackamas County Code Chapter 2.06.

7.02 REQUEST FOR CLARIFICATION OR CHANGE:

Requests for clarification or change of the ITB must be in Writing and received by the issuing office no later than the Request for Clarification or Change Deadline as specified in the Schedule of Events.

Rev 02/2023 Page | 2

Such requests for clarification or change must include the reason for the Bidder’s request. County Procurement will consider all timely requests and, if acceptable to County, amend the ITB by issuing an Addendum. An Addendum will be posted on OregonBuys. Envelopes or e-mails containing requests should be clearly marked as a Request for Clarification or Change and include the ITB Number and Title.

7.03 ADDENDA:

If any part of this ITB is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check projects OregonBuys listing for any published Addenda or response to clarifying questions.

7.04 PREPARING AND SIGNATURE:

All Required Submittals must be Written and signed by an authorized representative with authority to bind the Bidder. Signature certifies that the Bidder has read, fully understands, and agrees to be bound by the ITB and all Exhibits and Addenda to the ITB.

7.05 PUBLIC RECORD:

Upon completion of the ITB process, information in your Bid will become subject records under the Oregon Public Records Law. Only those items considered a “trade secret” under ORS 192.501(2), may be exempt from disclosure. If a Bid contains what the Bidder considers a “trade secret” the Bidder must mark each sheet of information as such. Only bona fide trade secrets may be exempt and only if public interest does not require disclosure.

7.06 MODIFICATION:

Prior to submittal, Bidders should initial modifications or erasures in ink by the person signing the Bid.

After submittal but prior to the Bid Due Date and Time, Bids may be modified by submitting a Written notice indicating the modifications and a statement that the modification amends and supersedes the prior Bid. After the Bid Due Date and Time, Bidders may not modify their Bid.

7.07 WITHDRAWALS:

A Bidder may withdraw their Bid by submitting a Written notice to the issuing office identified in this ITB prior to the Bid Due Date and Time. The Written notice must be on the Bidder’s letterhead and signed by an authorized representative of the Bidder. The Bidder, or authorized representative of the Bidder, may also withdraw their Bid in person prior to the Bid Due Date and Time, upon presentation of appropriate identification and evidence of authority to withdraw the Bid satisfactory to County.

7.08 LATE SUBMITTALS:

Bids and Written notices of modification or withdrawal must be received no later than the Bid Due Date and Time.

7.09 BID OPENING:

Bids will be opened immediately following the Bid Due Date and Time at the Submittal Location.

Bidder may attend the Bid opening. Only the names of the Bidders submitting Bids and base bid price will be announced. No other information regarding the content of the Bids will be available. The base bid results will be posted to OregonBuys.

7.10 BIDS ARE OFFERS:

The Bid is the Bidder’s offer to enter into a contract pursuant to the terms and conditions specified in the ITB, its Exhibits, and Addenda. The offer is binding on the Bidder for one hundred twenty (120) days. County’s award of the Contract constitutes acceptance of the offer and binds the Bidder. The Bid must be a complete offer and fully Responsive to the ITB.

7.11 CONTINGENT BIDS:

Rev 02/2023 Page | 3

Bidder shall not make its Bid contingent upon County’s acceptance of specifications or contract terms that conflict with or are in addition to those in the ITB, its Exhibits, or Addenda.

7.12 RIGHT TO REJECT:

County may reject, in whole or in part, any Bid not in compliance with the ITB, Exhibits, or Addenda, if upon County’s Written finding that it is in the public interest to do so. County may reject all Bids for good cause, if upon County’s Written finding that it is in the public interest to do so. Notification of rejection of all Bids, along with the good cause justification and finding of public interest, will be sent to all who submitted a Bid.

7.13 AWARDS:

County reserves the right to make award to the Bidder that is the highest and most advantageous to the County, as determined by the County in its sole discretion. County reserves the right to delete any item from the award when deemed to be in the best interest of County.

7.14 LEGAL SUFFICIENCY REVIEW:

Prior to execution of any Contract resulting from this ITB, the Contract may be reviewed for legal sufficiency by a qualified attorney for County pursuant to the applicable Oregon Revised Statutes and County Policy. Legal sufficiency review may result in changes to the terms and conditions specified in the ITB, Exhibits, and Addenda.

7.15 BID RESULTS:

A notice of intent to award containing the Bid results will be issued to all Bidders and posted to OregonBuys. The Bid file will be available for Bidder’s review. Bidders must make an appointment with the issuing office to view the Bid file. After the protest period, the file will be available by making a Public Records Request to County through the Procurement Division.

7.16 BID PREPARATION COST:

County is not liable for costs incurred by the Bidder during the ITB process.

7.17 BID CANCELLATION:

If an ITB is cancelled prior to the Bid Due Date and Time, all Bids that may have already been received will be returned to the Bidders. If an ITB is cancelled after the Bid Due Date and Time or all Bids are rejected, the Bids received will be retained and become part of County’s permanent Bid file.

7.18 COLLUSION:

By responding, the Proposer states that the proposal is not made in connection with any competing Proposer submitting a separate response to the ITB, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

7.19 NONDISCRIMINATION;

The successful Bidder agrees that, in performing the work called for by this ITB and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

Rev 02/2023 Page | 4

EXHIBIT A

REQUIRED SPECIFICATIONS

[Remainder of this page left intentionally blank]

The Clackamas County Forester will accept sealed bids for certain designated timber.

Time of Bid Opening: May 4, 2023 at 2:00PM

Sale Number: 2023-18 Sale Name: Wild-Trout Timber Sale

Located in: Portions of Sections 7 and 18, T. 3 S., R. 6 E., W.M.

Completion Date of Contract: May 31, 2025

BID SPECIES Minimum Price Douglas-fir 1,481 MBF $ 479.90 per MBF Hemlock/White wood 231 MBF $ 259.90 per MBF

NO BID SPECIES (non-negotiable)

Western Red Cedar 36 MBF $1,099.00 per MBF Red Alder MBF $ 258.00 per MBF Big Leaf Maple MBF $ 20.00 per MBF Utility Negligible $ 50.00 per MBF gross Pulp Negligible $ 5.00 per ton

How to Bid: Price per MBF for Douglas-fir and Hemlock/White wood. Price for no-bid species will remain as shown. High bid will be based on the bid price for Douglas-fir times the estimated volume for that species. Total contract price will include prices for all species.

Bid Bond: Each Bid must be accompanied by a Bid bond described hereinafter, executed in favor of the County, 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 as required. The successful Bidder's check or Bid bond will be retained until the Bidder has entered into a contract satisfactory to County and furnished a one hundred percent (100%) performance bond. Should the successful Bidder fail to execute and deliver the contract as provided for, including a satisfactory performance bond and payment bond within twenty (20) calendar days after the Bid has been accepted by the County, 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 County. The second highest Bidder’s bond may be held for up to 30 days or until the high Bidder returns a signed contract with the appropriate deposits, whichever happens sooner. Other bonds are returned. The date of the acceptance of the Bid and the award of the contract shall mean the date of acceptance specified in the Notice of Intent to Award.

Rev 02/2023 Page | 5

Minor Project Work: Where possible, slash accumulations will be loader piled after the harvest. One access road approximately 1,275 feet will need to be re-constructed in the northern section of Unit #2 adding a minimum new 4-inch lift of rock. Location and rock size to be approved by County.

Yarding and Logging Requirements: Approximately 52 acres are in the sale. The area is mostly flat terrain of 0%-20% slopes with a some short, moderately steep pitches on the northern edge ranging from 25%-55%. Shovel logging is required in the flats. The trees are 65 to 95 years old. All acreages and ages are an estimate and Bidder should make its own determination.

Bidder shall prepare a logging plan for County approval that shows landing locations, type of logging and any road construction needed. Bidder shall prepare a road use and maintenance plan addressing noise, dust, mud, rutting, potholes and safety which is satisfactory to the County. A major purpose of this plan is to minimize inconvenience to neighbors on Wildcat Mountain Drive and to protect County resources. Hauling hours are limited to 5 AM to 9 PM and on weekdays only. Friday hauling must stop by 6 PM. Weekend hauling is not allowed.

Clackamas County makes no guarantee as to the quantity, quality or value of the timber to be sold; it also reserves the right to waive minor technicalities and the right to reject any or all bids.

See Exhibit “E” “F” and “G”, Wild-Trout Timber Harvest – Project #2023-18, for maps of the timber sale

The harvest unit boundaries are marked with pink ribbons and either white Timber Sale Boundary tags, red Property Boundary tags. Orange painted trees are reserved and shall not be cut. The trees to be harvested are not individually marked

Once published prospective Bidders are strongly advised to review a copy of the sample contract for timber sale.

YARDING EQUIPMENT: The successful Bidder must use ground-based logging or one end suspension cable yarding techniques. Rubber tired skidders will not be allowed in the wet winter/fall times. Prior approval must be obtained from the County Forester before rubber tired skidders are allowed.

Trees may not be felled or decked in any young reproductions areas adjacent to the harvest units. This includes a small one acre root rot rehab patch in the northeast corner of unit #1 close to the gate.

This timber sale has two units. Unit #1 has about 28 acres, and Unit #2 is about 24 acres. Trees are 65-95 years old. Snags and large tress will be left in or around the harvest unit as habitat for tree cavity dwellers and raptors. A buffer of at least 70 – 110 feet wide will be left along the unit boundaries to protect Trout Creek.

Rev 02/2023 Page | 6

Flatter ground may be shovel logged but not tractor logged unless pre-approval is made in writing by the County Forester. Tractors/skidders can be used as forwarders so long as they do not do excessive damage. Operations during the wet season will be allowed if PURCHASER can provide a plan to log without significant soil damage and it is pre-approved in writing by the County Forester. Slash in shovel logged areas must be loader-piled. Piles should be tall, narrow and few in number.

Piles should be reasonably far away from reserved trees and property lines. Slash treatment is not required in steep (45+%) areas.

PAYMENT SCHEDULE: The successful Bidder will be paid in accordance with the following schedule. Logging progress payments will be made by the successful Bidder for timber removed under the contract in a manner that maintains at all times a 20 percent reserve until the bid price is paid. Logging progress payments will be determined by scale reports as required in the executed contract, or as determined by the County Forester.

Regardless of logging progress, the following payment schedule will be required in the contract:

(a). $100,000 of the bid price must be paid at the time of contract signing. The bid deposit shall apply to this payment if it is cash.

(b). An additional $150,000 must be paid by June 30, 2023.

(c). (50%) of bid price including any logging progress payments must be paid by 45 days after harvest activities begins.

(d). An additional thirty percent (30%) of bid price including any logging progress payments must be paid when 50% of the volume is harvested.

(e). The total bid price based on deliver volumes shall be paid with 45 days when the last load is shipped or by the County cruise if the sale is not completed by two years from contract execution.

PERFORMANCE BOND REQUIREMENTS: The successful Bidder shall furnish the County with a performance bond in the amount of 10% (to nearest $1,000) of the total purchase price, based on the total price of all species according to the COUNTY cruise, at the time the contract is executed. The bond must be in a form acceptable to the County, in its sole discretion, and may be a surety bond written by a surety company authorized to do business in the State of Oregon.

FEDERAL LAW CONCERNING LOG EXPORTS: The federal Forest Resource Conservation and Shortage Relief Act of 1990 applies to Clackamas County timber sales. The export of unprocessed timber from County land is prohibited pursuant to the CLACKAMAS COUNTY LOG EXPORT ORDINANCE, Board Order #92-484, and the provisions of all applicable laws governing use of the Timber including, but not limited to, the Forest Resources Conservation Amendments Act of 1993, ORS Chapter 275, and ORS 526.801-831 and ORS 526.992. Bidders must comply with the provisions of all applicable law with respect to the harvest and disposition of the timber.

Rev 02/2023 Page | 7

EXHIBIT B - CERTIFICATIONS

ITB #2023-18

By signature on this certification the undersigned certifies that they are authorized to act on behalf of the Bidder and that under penalty of perjury the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS

The undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Bidder and that Bidder is, to the best of the undersigned’s knowledge, not in violation of any Oregon Tax Laws.

For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to

320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620.

SECTION II. AFFIRMATIVE ACTION

The undersigned hereby certifies that they have not discriminated against Minority, Women or Emerging Small Business Enterprises in obtaining any required subcontracts, pursuant to ORS 279A110.

SECTION III. COMPLIANCE WITH SOLICITATION

The undersigned agrees and certifies that they:

1. Have read, fully understands and agrees to be bound by the Invitation to Bid and all Exhibits and Addenda to the Invitation to Bid;

2. Are an authorized representative of the Bidder, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Bid or Contract termination;

3. Will use recyclable products, unless prohibited in this ITB, to the maximum extent economically feasible in the performance of a contract if awarded.

4. Will furnish the designated item(s) and/or service(s) in accordance with the Invitation to Bid and the

Contract;

SECTION IV. LOGGING ELIGIBILITY TO BID

The undersigned agrees and certifies to the following:

A. In addition to all other requirements of law, the undersigned certifies that:

1. The undersigned will not export directly or indirectly unprocessed County timber;

2. The undersigned has not exported directly or indirectly unprocessed timber originating from County lands in Oregon since September 10, 1990, except to meet contractual obligations made prior to September 10, 1990;

3. Unless exempted by rule of a public agency, the undersigned has not exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and

4. The undersigned will not sell, transfer, exchange or otherwise convey unprocessed County timber to any other person without obtaining a certification from the person that meets the reporting requirements below.

B. In addition to all other requirements of law, before Clackamas County will execute a timber contract, the undersigned certifies that they will:

1. Notify the County Forester of the delivery destination of all timber purchased. Notification will be made in a form and manner prescribed by the County Forester; and 2.. Deliver to the County Forester a certification of the eligibility to purchase County timber of any person to whom the undersigned intends to sell, trade, exchange, or otherwise convey the purchased County timber, and their intent to comply with the terms and conditions contained in this section.

Resident Bidder, as defined in ORS 279A.120: Oregon Business Registry #:_________________________ Non-Resident Bidder, Resident State: _______________________________________________________

Rev 02/2023 Page | 8

Company Legal Business Name (No DBA/ABN):____________________________________________________

Authorized Signature:__________________________ Date:_______________________________________

Name (Type or Print):__________________________ Telephone:(____)_____________________________

Title:_______________________________________ Email:______________________________________

Address, City, State, Zip:_____________________________________________________________________

Oregon CCB# (if applicable):____________________ Business Designation (check one):

Corporation Partnership LLC Sole Proprietorship Non-Profit Minority Owned Women Owned Emerging Small Business

Oregon MWESB Certification Number:_______________________ Self-Identified Minority, Women or Emerging Small Business: Yes No

Rev 02/2023 Page | 9

EXHIBIT C - BID PRICE FORM

ITB #2023-18

ESTIMATED STUMPAGE BID ESTIMATED

SPECIES VOLUME (MBF) $ per MBF VALUE

Douglas-fir (minimum bid $479.90MBF) 1,481 $ ___________ $ __________

Hemlock/White wood

(minimum bid $259.90MBF) 231 $ ___________ $ ___________

No Bid Species Western Red Cedar 36 $1,099.00 $ _39,564.00 Red Alder Negligible $ 258.00 $ _________ Big Leaf Maple Negligible $ 20.00 $ _________ Utility $ 50.00 $ _________ Pulp 200+ tons $ 5.00 per ton $ 1,000.00

TOTAL ESTIMATED VALUE = $ ___________

Bond: 10% (to the nearest $1,000.00), of the total purchase price, based on the total price of all species according to the County cruise due at submittal.

[ ] Resident Contractor, as defined in ORS 279A.120 [ ] Non-Resident Contractor, Resident State:

I, the undersigned certify that the bidder has not discriminated against minority, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining subcontracts.

It is acknowledged that CLACKAMAS COUNTY reserves the right to reject any and all bids.

DATED this_________day of________________, 2023

By:___________________________Title:___________________________________

Address:______________________________________________________________

Phone: ______________________

Rev 02/2023 Page | 10

EXHIBIT D

BID BOND

Rev 02/2023 Page | 11

CLACKAMAS COUNTY

PUBLIC IMPROVEMENT CONTRACT

BID BOND

Project Name: # 2023-18 Wild Trout - Timber Sale

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

Name

Address

City State Zip

Phone Fax

Exhibit "E"

Exhibit "F"

Exhibit "G"

BID BOND