ITB - Timber Bridge Fumigation - Published~1.pdf

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TABLE OF CONTENTS

Page

INTRODUCTION

BID SCHEDULE

BID CERTIFICATION

BID BOND

SPECIAL PROVISIONS

PROJECT SUMMARY LIST

MAPS AND DRAWINGS

Map 2022-702-1 Map 2022-702-2 Map 2022-702-3 Map 2022-702-4,5,6 Map 2022-702-7,8,9,10,11,12 Map 2022-702-13,14,15,16 Map 2022-702-17,18 Map 2022-702-19,20,21,22 Map 2022-702-23,24,25,26,27,28 Map 2022-702-29 Map 2022-702-30,31

TM800 Tables, Abrupt Edge, and PCMS Details TM801 2-Lane, 2-Way Roadways

Diagrams Abiqua Road NE Bridge # 7701A1 (No Diagram Available) Rees Hill Road SE Bridge # 47C65 (No Diagram Available) Independence Bridge Bulkhead Bridge # 5789A (No Diagram Available) 55th Avenue SE – Bridge #47C85 55th Avenue SE – Bridge #47C84 Battle Creek Road SE – Bridge #47C66 Buena Vista Road – Bridge #47C16 Buena Vista Road – Bridge #47C17 Buena Vista Road – Bridge #47C18 Gilmore Road – Bridge #47C77 Buena Vista Road – Bridge #47C19 Ankeny Road S – Bridge #47C01 75th Place SE – Bridge #47C70 75th Place SE – Bridge #47C69 Bishop Road – Bridge #47C71 West Stayton Road – Bridge #47C14 Selah Springs Road – Bridge #47C61

Hibbard Road – Bridge #47C63 Wintel Road – Bridge #47C76 Miller Road – Bridge #47C78 Vaugn Road – Bridge #47C79 Myers Lane – Bridge #47C74 Duckflat Road – Bridge #47C86 Marion Hill Road – Bridge #47C87 Jefferson-Marion Road – Bridge #47C13 Rosebud Lane – Bridge #47C88 Marion Road – Bridge #47C02 Parrish Gap Road – Bridge #47C81 Riverside Drive – Bridge #47C75 Cordon Road #97 – Bridge #47C29 Herrin Road – Bridge #47C58 McKee Road – Bridge #47C36 Monitor-McKee Road – Bridge #47C37 Monitor-McKee Road – Bridge #47C38

INTRODUCTION

1.1 Description of Work

Timber Fumigation Treatment of Various Marion County Bridges as called for in the Specifications and such additional Incidental Work as requested by the Engineer.

1.2 Requests for Clarification or Changes

As stated in section 00120.15 of the General Conditions for Marion County, any clarification of Plans and Specifications needed by the Bidder shall be submitted to Marion County at least five days prior to the date of Bid Closing. Failure to request clarification or changes in a timely manner shall be deemed acceptance of all the terms and conditions of the Procurement.

1.3 Time, Place and Methods of Receiving Bids

Submit paper or emailed bids as specified in 00120.45 by 2:00 p.m. on May 5, 2022 (Bid Closing). It is the Bidder’s responsibility to ensure that bids are received by the Agency prior to the stated submission deadline at the specified email or physical address. Bids, withdrawals or modifications submitted after the time set for receiving bids will not be opened or considered.

Paper bids shall be received by Tim Beaver, Contracts Specialist, c/o Receptionist, at Marion County Public Works, 5155 Silverton Road NE Salem, Oregon 97305-3802. Paper bids will be considered time-stamped and received by the Agency upon receipt by the Receptionist.

Emailed Bids will be considered time-stamped and received by the Agency when they are received at PO_Contracts@co.marion.or.us. Email subject line shall be clearly marked “Attention: Tim Beaver, Contracts Specialist – Bid # PW1109-22” and the Bidder must include their name, address and contact information in the body of the email. Emailed bids shall be in PDF format.

Paper and emailed bids will be opened and read in Building 1, Marion County Public Works, 5155 Silverton Road NE Salem, Oregon, immediately following Bid Closing. Bid results will be posted by 10:00 a.m. the next business day on the OregonBuys website at https://oregonbuys.gov/bso/ under the solicitation number listed above.

1.4 Time for Completion of Work

Complete all Work to be done under the Contract no later than October 15, 2023.

Recording of the elapse of Calendar Days, if specified, will begin on the day the Contractor begins On-Site Work as defined in 00110.20.

1.5 Project Information

Information pertaining to this Project may be obtained from the following person at Marion County Public Works, 5155 Silverton Road NE, Salem, Oregon 97305-3802:

Tim Beaver 503-365-3100 PWContracts@co.marion.or.us

1.6 Bid Surety

No bid shall be considered unless it is accompanied by a surety bond, cashier’s check, certified check, or irrevocable letter of credit by an insured institution, as defined in ORS 706.008, of the bidder in the amount of ten percent (10%) of the bid.

The county shall return the bid security to all bidders upon the execution of the contract. The county shall https://oregonbuys.gov/bso/ mailto:PWContracts@co.marion.or.us retain bid security if a bidder who is awarded a contract fails to promptly and properly execute the contract.

1.7 Applicable Specifications

The Standard Specifications applicable to the Work on this Project are the 2021 Oregon Standard Specifications for Construction, Parts 00200 through 03000, published by the Oregon Department of Transportation (ODOT) and available for download on the ODOT website at:

https://www.oregon.gov/odot/Business/Specs/2021_STANDARD_SPECIFICATIONS.pdf.

The General Conditions applicable to the Work on this Project are the General Conditions for Construction for Marion County, Part 00100, available for download on the Marion County website at:

https://www.co.marion.or.us/PW/Engineering/Documents/2021 MCPW General Conditions.pdf.

The Special Provisions applicable to the Work on this Project are enclosed in this Invitation To Bid (ITB). The Special Provisions shall be understood to supersede the Standard Specifications and General Conditions by modification and/or supplement. All number references in the Special Provisions shall be understood to refer to the section or subsection of the Standard Specifications or General Conditions bearing like numbers.

1.8 Time Limit of Unsettled Disputes

No action, suit or other legal proceedings shall be maintained by any party thereto against another party hereto upon any claim or cause of action arising out of the Contract or breach thereof or anything done in connection therewith unless commenced within one (1) year of the Final Acceptance of Work under this Contract. All claims or causes of action in any way resulting from this Contract shall be deemed barred unless action or suit thereon shall have been commenced within such time.

1.9 Contract Expiration Date

Contract 2022-702 expires on 12/31/2024.

1.10 Prevailing Wage Rate Requirements

This is a maintenance contract, not a Public Improvement, and is not not subject to Oregon prevailing wage rate law (BOLI) or the Davis Bacon Act.

1.11 Funding

This project is locally funded.

1.12 Mandatory Submission Forms

The following forms must be completed, signed and returned with the Bidder’s submission package:

Bid Schedule Bid Certification Bid Bond (or other Bid Guarantee as allowed in 00120.40(e))

The Agency may consider any Bid that does not include the mandatory submission forms identified in this section, filled out completely and appropriately endorsed, to be non-responsive. The Agency reserves the right to waive minor informalities and irregularities in determining the responsiveness of individual Bids. Non-responsive Bids shall not be considered for award.

https://www.oregon.gov/odot/Business/Specs/2021_STANDARD_SPECIFICATIONS.pdf https://www.co.marion.or.us/PW/Engineering/Documents/2021%20MCPW%20General%20Conditions.pdf

BID SCHEDULE

USE FILLABLE BID SCHEDULE – DOWNLOAD FROM OREGONBUYS

BID CERTIFICATION

The Honorable Board of County Commissioners Marion County Courthouse Salem, Oregon 97301

Commissioners:

The Undersigned, hereinafter called the Bidder, declares that the only person or parties interested in this Bid are those named herein; that this Bid Certification is in all respects fair and without fraud; that it is made without collusion with any official or employee of the County, and without any connection or collusion with any person making another certification on this Contract.

The Bidder also certifies to the following:

A. Noncollusion:

• The price(s) and amount of this Bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder except as disclosed on a separately attached statement.

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

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

• This Bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

• The Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act, prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract except as described on a separately attached statement.

• The Bidder understands and acknowledges that the above representations are material and important and will be relied on by Marion County, in awarding the contract(s) for which this Bid is submitted. The Bidder understands that any misstatement in this Certification is and shall be treated as fraudulent concealment from Marion County, of the true facts relating to the submission of bids for this contract.

B. Noninvolvement in Any Debarment and Suspension:

The Bidder, its owners, directors, and officers:

• Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

• Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

• Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the preceding paragraph of this Certification; and

• Have not within a three-year period preceding this Bid had one or more public transactions (Federal, State, or local) terminated for cause or default.

Where the prospective primary participant is unable to certify to any of the statements in this Certification, the prospective primary participant shall attach an explanation to this Bid.

List exceptions in writing on one or more pages, as necessary, with the heading, “Certification Exceptions, Bid Insert,” and attach all pages to this Bid Certification. For each exception noted, indicate to whom the exception applies, initiating agency, and date(s) of action.

C. Lobbying Activities:

To the best of my knowledge and belief, that:

• No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions to the ODOT Procurement Office - Construction Contracts Unit, MS# 2-2, 3930 Fairview Industrial Drive SE, Salem, Oregon 97302-1166. Copies of Standard Form-LLL are available at the above location.

• This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

• The prospective participant also agrees by submitting his or her Bid that he or she shall require that the language of this Certification be inserted in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

D. Compliance With Oregon Tax Laws:

• By signature on this Bid, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Bidder, that the undersigned has authority and knowledge regarding Bidder’s payment of taxes, 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 (Amusement Device Taxes), ORS 403.200 to 403.250 (Tax For Emergency Communications), and ORS Chapters 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 321 (Timber And Forestland Tax), 323 (Cigarettes And Tobacco Products Tax), and the elderly rental assistance program under ORS 310.630 to 310.706, and any local taxes administered by the Department of Revenue under ORS 305.620.

E. Employee Drug Testing Program:

• Pursuant to ORS 279C.505(2), that the bidder has an employee drug testing program in place, and will maintain such program for the entire period of this contract. Failure to maintain such program shall constitute a material breach of contract.

F. Nondiscrimination:

• Pursuant to ORS 279A.110, that the Bidder has not discriminated and will not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business in obtaining any required subcontracts. The Bidder understands that it may be disqualified from bidding on this public improvement project if the Agency finds that the Bidder has violated subsection (1) of ORS 279A.110.

G. Use of Registered Subcontractors:

• That all subcontractors performing work on this public improvement contract will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under this contract.

H. Incorporation of All Addenda:

• The Bidder has incorporated into this Bid all Addenda issued for this Project.

• The Bidder understands and acknowledges that the Agency will provide all Addenda only by publishing them on the OregonBuys website. Addenda may be downloaded from the OregonBuys website.

• The Bidder shall be responsible for diligently checking the OregonBuys website for Addenda. Bidders should check the web site at least weekly until one (1) week prior to the designated time to receive bids and daily thereafter.

• By submitting this Bid, the Bidder assumes all risks associated with its failure to access all Addenda and waives all claims, suits, and actions against the State, Agency, the Agency's governing commission and its members, and their officers, agents, and employees that may arise out of the Bidder's failure to access all Addenda, in spite of any contingencies such as website failure, down-time, service interruptions, and corrupted, inaccurate, or incomplete Addenda or information.

The Bidder declares that the Bidder has carefully examined the Specifications and other proposed Contract Documents; that the Bidder personally has made an examination of the site of the proposed Work and has made the necessary investigations to determine the conditions to be encountered independently of the indications in the Specifications. The applicable Standard Specifications, General Conditions, Special Provisions, and other Contract Documents bound herewith are by reference a part of this Bid Certification.

The Bidder agrees to accept as full payment for the Work herein proposed or the materials to be furnished the amount computed as determined by the provisions of this Invitation To Bid and based on the following Bid Certification, it being expressly understood that the unit prices listed are independent of the exact quantities involved, where unit prices apply.

The Bidder further declares the total amount of work, expressed in dollars, Bidder’s company reasonably believes it is capable of bonding at any one time: $ . The Bidder declares the portion of this amount which remains available at time of completion of this form is $ .

Experience / References

The information on this form may be utilized by Marion County to consider whether a Bidder has met the standards of responsibility set forth in ORS279C.375.

Current Contracts in Force/Previous Experience – minimum of three required of similar nature with public sector work.

Contract #1 Location (city/state) Owners Name Type of Work % Completed Estimated Completion Date

Contract #2 Location (city/state) Owners Name Type of Work % Completed Estimated Completion Date

Contract #3 Location (city/state) Owners Name Type of Work % Completed Estimated Completion Date

References – minimum of two project owner references and two subcontractor references.

#1 Project Owner Reference Reference Name Business or Employer Telephone Project Name/$ Amount

#2 Project Owner Reference Reference Name Business or Employer Telephone Project Name/$ Amount

#1 Subcontractor Reference Reference Name Business or Employer Telephone Project Name/$ Amount

#2 Subcontractor Reference Reference Name Business or Employer Telephone Project Name/$ Amount

The name of the Bidder who is submitting this Bid Certification is:

Company:

(Print or Type)

Address:

(Print or Type)

City, State Zip

(Print or Type) which address is the address to which all communications considered with this Bid Certification and with the Contract shall be sent.

The names of the principal officers of the corporation submitting this Bid and Bid Certification or of the partners, if the Bid Certification is submitted by a partnership, or of all persons interested in this Bid Certification as principals, are as follows:

Dated this day of , 20 .

Construction Contractor’s Board Registration Number Firm Name

Signature of Bidder

Name Print or Type

Title Print or Type

Telephone No.

Email Address:

Tax ID #

Business Organization: (Check one)

Corporation Limited Liability Company Joint Venture

Partnership Sole Proprietorship Other

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that

, hereinafter called the Principal, and , a Corporation organized and existing under and by virtue of the laws of the state duly authorized to do surety business in the

State of Oregon as Surety, are held and firmly bound unto Marion County hereinafter called the County, in the penal sum of Dollars ($ ), for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT, WHEREAS, the Principal herein is herewith submitting his or its Bid Proposal for said Bid Proposal, by reference thereto, being hereby made a part hereof.

NOW THEREFORE, if the said Bid Proposal submitted by the said Principal be accepted, and the Contract be awarded to said Principal, and if the said Principal shall execute the proposed Contract as required by the bidding and the Contract Documents within the time set by said Documents, then this obligation shall be void.

If the Principal shall fail to execute the proposed Contract, the Surety hereby agrees to pay to the County the penal sum as liquidated damages.

Signed and sealed this day of , 20 .

Principal

By:

A certified copy of the Agent’s Power-of-Attorney must be Attached hereto. Surety

By:

Attorney-in-Fact

SAMPLE CONSTRUCTION CONTRACT

THIS CONTRACT, made and entered into by and between MARION COUNTY, A Political Subdivision of the

State of Oregon, acting by and through its duly elected, qualified, and acting Board of Commissioners, hereinafter called the "County" and , hereinafter called the "Contractor" for the Project entitled:

WITNESSETH

Contractor, in consideration of the sum of $ (the “Contract Price”), to be paid to the Contractor by County in the manner and at the time hereinafter 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 Invitation to Bid, this Construction Contract and other Contract Documents, applicable Plans, the applicable Standard Specifications, the Special Specifications and Bid Bond, all of which are incorporated herein by reference, and in accordance with such alterations and modifications of the same as may be made by the County.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Contractor.

1. Contractor shall pay all contributions or amounts due the Industrial Accident Fund from such Contractor or

Subcontractor incurred in the performance of the contract.

2. Contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

3. Contractor agrees to pay the Department of Revenue all sums withheld from employees pursuant to ORS

316.167.

4. Contractor shall indemnify, defend, save and hold harmless Marion County and its officers, employees, agents and volunteersfrom and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys’ fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of the officers, agents, employees or subcontractors of the Contractor (“Claims”). It is the specific intention of the Parties that County shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of County, be indemnified by the Contractor and subcontractor from and against any and all Claims.

Any such indemnification shall also provide that neither Contractor and subcontractor nor any attorney engaged by Contractor and subcontractor shall defend any claim in the name of Marion County, nor purport to act as legal representative of the Marion County, without the prior written consent of the County’s Legal Counsel. The County may, at anytime at its election assume its own defense and settlement in the event that it determines that Contractor is prohibited from defending the County, or the Contractor is not adequately defending the County’s interests, or that an important governmental principle is at issue or that it is in the best interests of the County to do so. The County reserves all rights to pursue claims it may have against Contractor if the County elects to assume its own defense.

5. Money due to Contractor under and by virtue of this Contract may be returned for the use of the County;

or, in case no money is due, Contractor’s surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the County; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that Contractor is adequately protected by public liability and property damage insurance.

6. In consideration of the faithful performances 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, the applicable Invitation to Bid, Plans, Specifications, Bid, and all general and detailed specifications and plans which are a part hereof, and in accordance with the directions of the County and to its satisfaction, the County agrees to pay to the said Contractor the amount earned, as determined from the actual quantities of work performed and the prices and other basis of payment specified, 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 time provided in the Contract.

7. In the event the Board of Commissioners of the County reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified, the Contractor agrees to abide by any such decision, including termination of service.

8. The County delegates to the Marion County Engineer the authority and responsibility for issuing approvals, providing notices, receiving notices, issuing directives, authorizing change orders, and avoiding and resolving disputes.

9. This contract may be increased by twenty-five (25) percent over the original contract amount to include additional work for the projects specified in the contract, upon mutual agreement of both parties.

10. Contractor, its assignees and successors in interest agree to comply with the requirements of the Marion

County Public Works Department Federally Funded Transportation Program Title VI Plan, herein incorporated by this reference, as follows:

a. 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.

b. Nondiscrimination.

The Contractor, with regard to the Work performed during the contract, shall not discriminate on the grounds of 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.

c. 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 race, color, sex, or national origin.

d. 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 Marion 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 Marion County or the Oregon Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information.

e. Sanctions for Noncompliance.

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

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

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

11. Incorporation of Provisions.

The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by state or federal Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as Marion County may direct as a means of enforcing such provisions including sanctions for noncompliance.

12. Independent Contractor.

The Contractor is a separate and independently established business, retains sole and absolute discretion over the manner and means of carrying out the Contractor’s activities and responsibilities for the purpose of implementing the provisions of this Contract, and maintains the appropriate license/certifications, if required under Oregon Law. Notwithstanding the preceding sentence, County reserves the right to determine schedule for the work to be performed and to evaluate the quality of the completed performance.

This Contract shall not be construed as creating an agency, partnership, joint venture, employment relationship or any other relationship between the Parties other than that of independent parties. The Contractor is acting as an “independent contractor” and is not an employee of County, and accepts full responsibility for taxes or other obligations associated with payment for services under this Contract. As an “independent contractor”, Contractor will not receive any benefits normally accruing to County employees unless required by applicable law. Furthermore, Contractor is free to contract with other parties for the duration of the Contract.

13. Governing Law and Venue.

Any dispute between the County and the Contractor that arises from or relates to this Contract and that is not resolved under the provisions of Section 00199 of the General Conditions shall be brought and conducted solely and exclusively within the Circuit Court of Marion County; provided, however, if a dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this be construed as a waiver by Marion County on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE

CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS

REFERENCED IN THIS SECTION.

IN WITNESS WHEREOF, the parties hereto have subscribed their names and affixed their respective official seals, as of the day and year first above written.

MARION COUNTY CONTRACTOR

Recommended by:

Director of Public Works Date Company

APPROVED AS TO FORM: Signature

Marion County Contracts Date Name

Marion County Legal Counsel Date Title

APPROVED BY: Address

Commissioner Date City, State, Zip

Commissioner Date Phone Number

Commissioner Date FEIN #

SPECIAL PROVISIONS

PART 00100 – GENERAL CONDITIONS

Replace this PART of the 2021 Oregon Standard Specifications for Construction with the following:

General Conditions for Construction for Marion County, v2021, a Supplemental Specification published by Marion County on the Marion County Public Works Engineering Division website at http://www.co.marion.or.us/PW/Engineering and included in these Special Provisions by reference.

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS, AND DEFINITIONS

Comply with Section 00110 of the General Conditions.

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

Comply with Section 00120 of the General Conditions modified as follows:

00120.01 General Bidding Requirements – Replace the first sentence with the following:

Bidders may submit Bids by paper or through the internet (email). If both paper Bids and email Bids are submitted for the same Invitation To Bid, the paper Bids will prevail.

00120.05 Request for Invitation to Bid – Replace the first paragraph with the following:

An Invitation to Bid (ITB) can be obtained for free by registering on the OregonBuys website at https://oregonbuys.gov/bso/ and then searching for either the OregonBuys or Marion County solicitation number listed in the advertisement and ITB cover sheet.

00120.30 Changes to Plans, Specifications or Quantities before Opening of Bids – Replace the first paragraph with the following:

The Agency reserves the right to issue Addenda making changes or corrections to the Plans, Specifications, or quantities. The Agency will provide Addenda by publishing them on the OregonBuys website at https://oregonbuys.gov/bso/. Bidders shall be solely responsible to check OregonBuys for Addenda periodically, including daily, as necessary, to receive all Addenda applicable to the Bid.

00120.40 Preparation of Bids - Replace subsection (a) with the following:

(a) General:

(1) Paper Bids - Bidders shall not alter, in any manner, the documents within the Invitation To Bid.

Bidders shall complete the certifications and statements included in the Invitation To Bid according to the instructions. Signature of the Bidder's authorized representative thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements contained in the Invitation To Bid.

Entries on the paper documents in the Invitation To Bid shall be in ink or typed. Signatures and initials shall be in ink, except for changes and withdrawals submitted by email transmission as provided by 00120.60 (in which case signatures on the emailed document shall be considered originals).

(2) Email Bids – Except as otherwise provided in this subsection (a)(2), for Bids submitted by email, Bidders shall prepare the Bid documents as specified in 00120.40(a)(1) and submit in PDF format. Signatures on the emailed documents shall be considered originals. Electronic signatures are acceptable.

http://www.co.marion.or.us/PW/Engineering

00120.40(c) Bid Schedule Entries - Add the following subsection:

(2) Electronic Bid Schedule Entries - Using figures, Bidders shall fill in all bid item unit prices in the electronic Bid Schedule spreadsheet file. The total bid item price will be automatically calculated and entered. The unit price shall be greater than zero. Once all unit prices are entered, the total amount of the Bid will be automatically calculated and entered. It is the Bidder’s responsibility to verify the accuracy of all automatically calculated figures.

00120.40(f) Disclosure of First-Tier Subcontractors – Revise this subsection as follows:

In the sentence “The Subcontractor Disclosure Form may be submitted …”, delete “paper”.

Add the following after the first bullet that follows the sentence “The Subcontractor Disclosure Form may be submitted …”:

By filling out the Subcontractor Disclosure Form included in the Invitation To Bid and submitting it, in PDF format, together with the Bid documents at the time and to the email address designated for receipt of emailed Bids; or

Add the following to the end of the bullet list after the sentence “The Subcontractor Disclosure Form may be submitted …”:

By filling out the Subcontractor Disclosure Form included in the Invitation To Bid and submitting it, in PDF format, separately by email to pwcontracts@co.marion.or.us. The email subject line shall be plainly labeled “First-Tier Subcontractors for Bid on [Project name]. Bidders must include their name and address and contact information in the body of the email.

After the sentence that begins with “Subcontractor Disclosure Forms submitted by any method will be considered late …”, add the following two paragraphs:

The Agency is not responsible for partial, failed, illegible or partially legible email transmissions or submittals, and such forms may be rejected as incomplete.

In the event that multiple Subcontractor Disclosure Forms are submitted, the last version received prior to the deadline will be considered to be the intended version.

00120.45(a) Paper Bids – Replace the second sentence with the following:

Bids shall be delivered in a sealed envelope (minimum size 9” x 12”), plainly labeled “Bid for [Project name] – [Agency’s Bid No.]”.

00120.45(b) Electronic Bids - Replace this subsection, except for the subsection number with the following:

00120.45(b) Emailed Bids

Submit emailed Bids to PO_Contracts@co.marion.or.us. Emailed Bids will be considered time-stamped and received by the Agency at the time they are received by the designated email address. Email subject line shall be clearly marked “Bid for [Project name]” and include the Agency’s Bid number. Bidders must include their name and address and contact information in the body of the email.

It is the Bidder’s responsibility to ensure that bids are received prior to the stated submission deadline and at the required email address. The Agency shall not consider late offers, withdrawals or modifications, except as permitted by Agency’s Public Contracting Rules.

mailto:PO_Contracts@co.marion.or.us

00120.60 Revision or Withdrawal of Bids - Revise this section as follows:

In the first sentence, after the word “paper”, add “or emailed”.

In the second bulleted line, after the word “addresses”, add “or email address”.

In the sentence after the third bullet and after the word “paper”, add “or email”.

Replace the last bullet in this section with the following:

The request is received at the same offices, addresses or email address, and times identified in the Invitation To Bid for submitting Bids.

00120.65 Opening and Comparing Bids – In the first sentence, before the word “Bids”, add “Paper or email”.

00120.40(e) Bid Guaranty - Delete this subsection. A proposal guaranty (Bid Bond) is not required for this Project.

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

Comply with Section 00130 of the General Conditions modified as follows:

00130.10 Award of Contract – Replace the sentence that begins with “The Agency will post …” with the following:

The Agency will post Notice of Intent to Award on the OregonBuys website at https://oregonbuys.gov/bso/.

Replace the last paragraph with the following:

Notice of Award will be sent within 14 Calendar Days after the opening of Bids or within the number of Calendar Days specified in the Special Provisions or a written mutual agreement.

00130.50(a) By the Bidder

(1) Delete this subsection

(2) Within 7 Calendar Days after receipt of the Agency-signed Contract booklet, the Bidder shall return a fully-executed Contract booklet to the Agency.

00130.50(b) By the Agency - Replace this subsection, except for the subsection number and title, with the following:

Within 21 Calendar Days after the Agency has received and verified the properly executed documents specified in 00130.50(a)(1), and received legal sufficiency approval from the Agency's attorney (if required), the Agency will execute the Contract. The Agency will then send an Agency-signed original Contract booklet to the successful Bidder, who will execute the Contract as specified in 00130.50(a)(2). Upon final execution, the Bidder officially becomes the Contractor.

SECTION 00140 - SCOPE OF WORK

Comply with Section 00140 of the General Conditions.

SECTION 00150 – CONTROL OF WORK

Comply with Section 00150 of the Standard Specifications modified as follows:

00150.50(c) Contractor Responsibilities – Replace the bullet that begins "Determine the exact location before excavating within …" with the following bullet:

Determine the exact location before excavating within the tolerance zone according to OAR 952-001- 0090(3)(c);

SECTION 00160 – SOURCE OF MATERIALS

Comply with Section 00165 of the General Conditions.

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES

Comply with Section 00170 of the Standard Specifications modified as follows:

00170.00 General - Replace the paragraph that begins " The Contractor shall comply with all laws, ordinances, …" with the following paragraph:

The Contractor shall comply with all laws, ordinances, codes, regulations, executive orders and administrative rules (collectively referred to as "Laws" in this Section) that relate to the Work or to those engaged in the Work.

Where the provisions of the Contract are inconsistent or in conflict, the Contractor shall comply with the more stringent standard.

00170.70(a) Insurance Coverages – Add the following after the first paragraph:

Insurance Combined Single Annual Aggregate Coverages per Occurrence Limit Limit

Commercial General Liability $1,000,000 $2,000,000 Commercial Auto Liability $1,000,000 (Aggregate limit not required)

SECTION 00180 – PROSECUTION AND PROGRESS

Comply with Section 00180 of the Standard Specifications modified as follows:

Add the following Subsection:

00180.40(c) Specific Limitations - Limitations of operations specified in these Special Provisions and the General Conditions include, but are not limited to, the following:

Limitations Subsection

Cooperation with Utilities .......................................... 00150.50 Contract Completion Time ................................... 00180.50(h) Right-of-Way and Access Delays ............................. 00180.65 Traffic Lane Restrictions ...................................... 00220.40(e) Holidays and Special Events ............................... 00220.40(e) Noise Control ............................................................ 00290.32 Maintenance Under Traffic ........................................ 00620.43 Opening Sections to Traffic ........................................ 00745.51

Be aware of and subject to schedule limitations in the Standard Specifications that are not listed in this Subsection

00180.41 Project Work Schedules – Add the following paragraph:

The Contractor shall submit a Type B schedule.

Add the following subsection:

00180.80(d) Basis for Adjustment of Contract Time – Replace the second to the last bullet in this subsection with the following bullet:

• Reasonably predictable weather conditions; or

Add the following subsection:

00180.85(b) Contract Completion Time – Complete all Work to be done under the Contract no later than October 15, 2023

SECTION 00190 – MEASUREMENT OF PAY QUANTITIES

Comply with Section 00190 of the General Conditions.

SECTION 00195 – PAYMENT

Comply with Section 00195 of the Standard Specifications modified as follows:

00195.50(a) Progress Payments - Replace the paragraph that begins "The estimates upon which progress payments are …" with the following paragraph:

The estimates upon which progress payments are based are not represented to be accurate estimates. All estimated quantities are subject to correction in the final estimate. If the Contractor uses these estimates as a basis for making payments to Subcontractors and Suppliers, the Contractor assumes all risk and bears any losses that result.

SECTION 00196 - PAYMENT FOR EXTRA WORK

Comply with Section 00196 of the Supplemental Specifications.

SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK

FORCE ACCOUNT WORK

Comply with Section 00197 of the Supplemental Specifications.

SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS

Comply with Section 00199 of the General Conditions.

SECTION 00210 - MOBILIZATION

Comply with Section 00210 of the Standard Specifications modified as follows:

00210.40 Mobilization- Delete the last bullet regarding Doc Express.

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications modified as follows:

00220.40(e)(1) Closed Lanes - Replace the first two bullets with the following:

• Daily, Monday through Sunday, between Daylight and Dusk.

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

Comply with Section 00221 of the Standard Specifications modified as follows:

00221.90(a) Pay Quantities – In the sentence that begins “The accepted quantities….” Delete “…00222.90..”

00221.90 (b) Temporary Protection and Direction of Traffic – After the section bullet add the following bullet:

• Furnishing, installing, and maintaining temporary signs

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

Comply with Section 00222 of the Standard Specifications modified as follows:

00222.80 Measurement – Replace this subsection with the following:

No measurement of quantities will be made for work performed under this section.

00222.90 Payment – Replace this subsection with the following:

No separate or additional payment will be made for work performed under this section

SECTION 00223 - WORK ZONE TRAFFIC CONTROL LABOR AND VEHICLES

Comply with Section 00223 of the Standard Specifications modified as follows:

00223.31(b) Traffic Control Inspection Without TCS - Replace the paragraph that begins “When the Schedule of Items does not include an item…” with the following paragraph:

When the Schedule of Items does not include an item for a TCS, or when TCS is not onsite for a work shift, designate a trained person who shall be on the Project Site during work hours and on call at all other times, and who:

Delete the bullet that begins “Prepares and signs a daily “Traffic Control Inspection Report”…”

SECTION 00280 - EROSION AND SEDIMENT CONTROL

Comply with Section 00280 of the Standard Specifications modified as follows:

00280.00 Scope – After the second paragraph add the following:

Furnish erosion control measures that will prevent soils, aggregates and other debris from mitgrating away from the construction site.

The contractor shall implement Best Management Practices (BMP) for construction. Submit a copy of the company’s BMP’s to the Engineer before the start of construction. The contractor may implement Marion County’s BMP’s, a copy of Best Management Practices for Clean Water is available at:

https://www.co.marion.or.us/PW/Engineering/Pages/default.aspx https://www.co.marion.or.us/PW/Engineering/Pages/default.aspx

00280.06 Erosion and Sediment Control Manager - Delete this subsection.

00280.48 Emergency Materials – Replace this subsection, except for subsection number and title, with the following:

Keep a spill kit onsite during construction hours for unexpected spills and to prevent spoils from leaving job site.

00280.62 Inspection and Monitoring - Delete this subsection.

00280.80 Measurement - Replace this subsection, except for the subsection number and title, with the following:

No measurement of quantities will be made for work performed under this section.

00280.91 Payment - Replace this subsection, except for the subsection number and title, with the following:

No separate or additional payment will be made for work performed under this section

SECTION 00290 - ENVIRONMENTAL PROTECTION

Comply with Section 00290 of the Standard Specifications modified as follows:

Add the following Subsection to the end of this subsection:

00290.30(a) Pollution Control Measures - Add the following subsection and bullets:

(7) Water Quality:

• Do not cause turbidity in waters of the State or U.S. greater than 10% above background of the Project.

• Visually monitor stream, creeks and rivers for turbidity 30 feet upstream and downstream of the bridge, turbidity over 10% of background exceeds turbidity standards.

• Implement measures adequate to prevent pollutants or construction materials, such as debris, fuel, or petroleum products from entering waters of the state or U.S.

• Cease project operations under high flow conditions that may result in inundation of the project area, except for efforts to avoid or minimize resource damage.

• The Project Manager retains the authority to temporarily halt or modify the Project in case of excessive turbidity or damage to natural resources.

00290.30(b) Pollution Control Plan (PCP) – Replace the last bullet with the following:

• Include Best Management Practices as outlined in Marion County’s Best Management Practices for Clean Water Crew Manual 2009, available at:

http://www.co.marion.or.us/PW/Engineering/Documents/bmpcrewmanual091.pdf (May be by reference)

00290.30(c)(3) Burn Restrictions - Replace this subsection, except for subsection number and title, with the following:

http://www.co.marion.or.us/PW/Engineering/Documents/bmpcrewmanual091.pdf

Burning of wastes is not allowed on this project.

Add the following subsection:

00290.30(d) Treated Wood - Treated wood includes any wood treated with any pesticide or wood preservatives. Do not use lumber, pilings, or other wood products that are treated or preserved with pesticidal compounds below the ordinary high water (OHW) or as part of an in-water or over-water structure, except as described below:

• Store treated wood shipped to the Project out of contact with standing water and wet soil, and protected from precipitation.

• Visually inspect each load and piece of treated wood. Reject for use in or above aquatic environments if visible residues, bleeding of preservative, preservative-saturated sawdust, contaminated soil, or other matter is present.

• Ensure that no treated wood debris falls into the water. If treated wood debris does fall into the water, remove it immediately.

00290.34(a) Regulated Work Areas -…