SOLICITATION #2258147098 PAGE 1 OF 77

ITB Rev. 12/10

Date: 6/24/2026

FORMAL

INVITATION TO BID #2258147098

MAINTENANCE AND REHABILITATION OF PUBLIC-SCHOOL

STORMWATER MANAGEMENT FACILITIES

PROPOSALS DUE:

July 16, 2026 By 4:00 P.M. LOCAL TIME

QUESTIONS AND CLARIFICATION DEADLINE:

July 9, 2026 By 4:00 P.M. LOCAL TIME

SUBMITTAL INSTRUCTIONS:

Submit proposals electronically by uploading the required proposal documents below to the City of Portland Bid Portal: https://service.ariba.com/Discovery.aw/ad/profile?key=AN11181807487

Refer to Attachment 5: Submission Instructions for details.

REFER ALL QUESTIONS TO:

Paris McCall-Johnson, Procurement Specialist Phone: 503-823-6220 Email: paris.mccall-johnson@portlandoregon.gov https://service.ariba.com/Discovery.aw/ad/profile?key=AN11181807487

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SECTION 1 INTRODUCTION

1.1 BACKGROUND:

In April of 2008, the City Council adopted Resolution No. 36599 directing the Bureau of Environmental Services (BES) to establish a voluntary program to give Portland ratepayers the opportunity to directly invest in Portland’s watershed health. City Council’s intent was for BES to use ratepayer contributions for watershed health projects such as tree planting, rain garden installation, invasive plant removal and community environmental education.

In June 2010, City Council passed Ordinance 183914 to give Portland ratepayers the option of checking the GreenBucks box on their utility bill to contribute $1, $3 or $5 per bill to help pay for “maintaining, modifying and improving stormwater management facilities” on public school property located in the City of Portland.

GreenBucks is a voluntary program to solicit and allocate voluntary donations from Portland utility ratepayers to support the maintenance, repair, remodeling and improvement of qualified stormwater management facilities.

In Portland, stormwater runoff is managed through the design, construction, maintenance and operation of a combination of stormwater facilities on public and private property. Such facilities increase the effectiveness and useful life of the public stormwater system by keeping pollutants from entering public water bodies and aquifers, providing community educational and aesthetic amenities, and increasing ecosystem services that restore and preserve the health of Portland watersheds.

Public school properties in Portland, per ordinance, were selected by the City to receive GreenBucks funding to maintain existing stormwater management facilities. These locations provide stormwater management and ecosystem benefits that extend beyond public school property, including the surrounding neighborhood. The City intends to work with qualified vendors, who in turn partner and coordinate with school districts to ensure that stormwater management facilities on public school property located in the city are well maintained and are operating effectively.

1.2 SCOPE OF WORK:

1.2.1 BUDGET

The total available budget for this bid is $170,000.

1.2.2 SERVICE AREA AND PRIORITIES

This contract covers maintenance of stormwater management facilities across all school districts within the City of Portland, including Portland Public Schools, David Douglas, Reynolds, Parkrose, Riverdale, and Centennial.

Preference will be given to work that benefits smaller, less-resourced school districts, particularly those located in East Portland, to ensure equitable access to safe and well-maintained stormwater facilities.

1.2.3 CONTRACTOR RESPONSIBILITIES

A successful contractor will work closely with the designated school district(s) and/or school personnel, including securing necessary permits to access school grounds and properties. Contractors must furnish all labor, materials, tools, and equipment necessary to perform contracted services.

The City of Portland is soliciting bids from qualified contractors to provide inspection, maintenance, repair, rehabilitation, and stewardship services for stormwater management facilities located on school district-owned properties. The selected contractor must provide technical maintenance services while also supporting environmental stewardship and volunteer engagement opportunities within school communities.

1.2.4 STORMWATER FACILITY MAINTENANCE REQUIREMENTS

Contractors shall provide inspection, maintenance, and repair of stormwater management facilities to ensure

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effective operation, regulatory compliance, and protection of water quality and campus safety. Maintenance must conform to SWMM O&M standards as found in Chapter 10 of the 2025 SWMM. Facilities may include, but are not limited to catch basins and inlets; manholes and junction boxes; storm drainpipes and conveyance systems;

bioswales and vegetated swales; rain gardens and bioretention facilities; detention and retention ponds;

underground stormwater vaults; oil/water separators; filter cartridges or stormwater treatment units; and outfalls and discharge points

All vegetated stormwater management facilities shall be properly planted with a diverse mix of vegetation, including trees, shrubs, grasses, and other plantings necessary for effective stormwater management and ecosystem function. The contractor shall guarantee the survival and establishment of all plantings with a minimum two-year warranty, including replacement of any plants that fail to thrive during this period. Contractors shall keep maintenance records on file and provide them to City as requested.

1.2.5 INSPECTIONS AND MAINTENANCE SERVICES

Contractors shall perform:

1. Inspections: Quarterly inspections, minimum, with additional post-storm inspections after major rainfall events; visual assessment for damage, blockage, structural failure, sediment accumulation, vegetation health, invasive species, flow obstruction, and evidence of pollution.

2. Debris and Sediment Removal: Trash, sediment, and debris removal from catch basins, inlets, swales, rain gardens, vaults, and other facilities; cleaning grates and screens; proper disposal of waste.

3. Vegetation Maintenance: Mowing, pruning, invasive species removal, replacement of dead/diseased plants, and maintaining proper mulch depth.

4. Structural Maintenance: Resetting displaced grates/covers, minor concrete patching, soil stabilization for erosion repair, and replacement of damaged inlet screens where feasible.

5. Stormwater Treatment Devices: Cleaning/replacing filter cartridges or media and maintaining oil/water separators.

1.2.6 SAFETY REQUIREMENTS

Contractors shall comply with OSHA safety regulations, implement traffic and pedestrian control as needed, coordinate work schedules to minimize disruption to school activities, and conduct work when students are not present if safety risks exist.

1.2.7 COORDINATION WITH SCHOOL DISTRICTS

Contractors shall coordinate with the district and school facilities departments to schedule work around school operations, access locked facilities, and identify priority sites. Opportunities to leverage community volunteers under vendor supervision, particularly to engage students, parents, and staff in environmental stewardship activities.

1.2.8 ENVIRONMENTAL EDUCATION AND VOLUNTEER ENGAGEMENT

Contractors are requested to support environmental education, including sharing information with school staff and student/parent volunteers on the design, critical operation, and maintenance of stormwater management facilities.

Volunteer activities may include light maintenance tasks such as trash and debris removal, mulching, planting native vegetation, invasive species removal, and visual inspections of green infrastructure. Contractors shall organize, facilitate, and supervise volunteer work events, ensuring safety, educational value, and compliance with district policies.

1.2.9 PERFORMANCE STANDARDS

All facilities must be maintained to ensure unobstructed flow and the designed storage capacity; healthy vegetation

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in green infrastructure systems; prevention of sediment discharge to receiving waters, and safe conditions for students and staff

1.2.10 DELIVERABLES

The contractor shall provide records, including the maintenance records, narrative, and/or summary reports.

1.2.11 CONTRACTOR QUALIFICATIONS

Qualified contractors must demonstrate:

1. 3–5 years of experience maintaining stormwater management facilities;

2. Experience working with municipal, school, or public agency facilities;

3. Knowledge of stormwater best management practices;

4. Ability to safely work on active school campuses

5. Preferred experience with community stewardship or volunteer programs

1.2.12 INSURANCE AND LICENSING

Contractors must maintain general liability insurance, workers’ compensation insurance, pollution liability insurance, and any required state or local contractor licenses.

SECTION 2 GENERAL REQUIREMENTS AND INSTRUCTIONS TO BIDDERS

All bids are subject to the provisions and requirements of the Oregon Revised Statutes and the Portland City Code (PCC), including PCC 5.10.

SECTION 5 BID PREPARATION

2.1.1 BID FORMAT: Bids must be typewritten or prepared in ink and must be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, telephone or facsimile bids will be accepted.

2.1.2 CONFORMANCE TO BID REQUIREMENTS: Bids must conform to the requirements of the

Invitation to Bid. All necessary attachments (residency statement, bid bond, references, descriptive literature, etc.) must be submitted with the bid and in the required format. Bid prices must be for the unit indicated in the bid. Failure to comply with all requirements may result in bid rejection.

2.1.3 CONFLICT OF INTEREST: By submitting a bid, a Bidder certifies that no officer, agent or employee of the City who has a pecuniary interest in this Agreement has participated in preparation of the proposal or resulting Agreement, that the proposal was made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same proposals, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.

2.1.4 COST OF BIDDING: This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of a bid, or in making necessary studies or designs for the preparation thereof, or for procuring or Contracting for the items to be furnished under the invitation to bid.

2.1.5 PRODUCT IDENTIFICATION: Bidders must clearly identify all products bid. Brand name and model or number must be shown. The City reserves the right to reject any bid when the product information submitted with the bid is incomplete.

2.1.6 FOB DESTINATION: BID PRICES MUST BE F.O.B. DESTINATION FREIGHT PREPAID AND

ALLOWED with all transportation and handling charges paid by the Bidder.

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2.1.7 EXCEPTIONS: Any deviation from solicitation specifications, terms and conditions may result in bid rejection.

2.1.8 DELIVERY: Delivery time must be shown in number of calendar days after receipt of order.

2.1.9 SIGNATURE ON BID: Bids must be signed in ink by an authorized representative of the

Bidder. Signature on a bid certifies that the bid is made without connection with any person, firm or corporation making a bid for the same products and is in all respects fair and without collusion or fraud. Failure to sign is cause for bid rejection.

Signature on a bid also certifies that the Bidder has read and fully understands all solicitation specifications, terms and conditions. No consideration will be given to any claim resulting from bidding without comprehending all requirements of the Invitation to Bid.

2.1.10 BID MODIFICATION: Modifications or erasures made before bid submission must be initialed in ink by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked "Bid Modification" and identifying the bid number and closing date. Bidders may not modify bids after bid closing time.

2.1.11 BID WITHDRAWALS: Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Procurement Services prior to bid closing time. Bids may also be withdrawn in person before bid closing time upon presentation of appropriate identification.

2.1.12 LATE BIDS: Sealed bids must be received and time-stamped by Procurement Services prior to bid due time on the bid due date. Late bids will not be considered for award.

2.2 CITY SUSTAINABILITY OBJECTIVES: The City has a history of striving to be more sustainable in its operations and planning. Starting with the City’s Sustainable City Principles (1994) the City has established a variety of policies to guide its work on sustainability, including: the Sustainable Procurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual (to view these and related City policies, go to the Portland Policy Documents Website:

http://www.portlandonline.com/auditor/index.cfm?c=26818. As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and social impacts.

While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing small and local businesses; preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.

2.3 ADDENDA TO PLANS OR SPECIFICATIONS: If, in the opinion of the Chief Procurement Officer, additional information or interpretation should be provided, an Addendum will be made available to all known specification holders. Any Addendum will be issued seventy-two (72) hours or more before the scheduled closing time for submitting bids, not including Saturday, Sunday, and legal holidays. The City shall post all Addenda on the Procurement Services website. Failure of a Bidder to receive an Addendum will not excuse a Bidder from compliance with any Addendum that was posted on the website.

2.4 ORAL INSTRUCTIONS: Oral instructions or information concerning the ITB documents or the project given out by officers, employees, or agents of the City to prospective Bidders are not binding unless confirmed by Addendum.

http://www.portlandonline.com/auditor/index.cfm?c=26818

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2.5 QUESTIONS OR CLARIFICATIONS: It is the Bidder’s responsibility to ask questions, request changes or clarifications, or inform the City of Portland, Procurement Services if it believes the language, specifications or requirements of an ITB are ambiguous, contradictory, or have other problems. Unless a different time is provided in the ITB, questions received less than seven (7) calendar days prior to the date bids are due may not be answered. Clarifications of any provision of the solicitation document are binding only if the City amends the solicitation document by Addendum.

2.6 PROTEST OF SOLICITATION SPECIFICATIONS: A Bidder who believes specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the Chief Procurement Officer. To be considered, protests must be submitted within 7 days after a solicitation document is advertised (ten days if the bid is for a public improvement). Protests must be submitted via email to the Procurement Buyer identified on

2.7 BID OPENING: Bids will be publicly opened at the scheduled opening time stated in the Solicitation.

Award decisions will not be made at the bid opening.

2.7.1 BID EVALUATION AND AWARD: The City of Portland reserves the right to award a single or multiple contracts to the lowest responsive and responsible Bidder(s) submitting the most advantageous bid to the City. Bids may be submitted on all sections or on individual sections. For sections that are bid, each line item must reflect a bid. If all line items in a section are not bid, the bid may be rejected. The award(s) will be made either on all sections or by individual sections. Single or Multiple contracts will be awarded for each section. Determination of lowest bid shall be based on the lowest TOTAL SECTION PRICE for each section. A standard City of Portland Price Agreement will be awarded to the lowest responsive and responsible bidder(s) for each section. All sections bid shall be available as per the terms set in Section III, 3.REQUIRED PRODUCT DELIVERY below.

2.7.2 EVALUATION CRITERIA: Bids will be awarded based upon the evaluation criteria in the Invitation to Bid and in accordance with Section 5.10 of City Code.

2.7.3 RECIPROCAL PREFERENCE: In determining the "lowest responsible Bidder”, the City will add a percent increase to each out-of-state Bidder's bid price which is equal to the percent given to local Bidders in that Bidder's home state. For example, if the "lowest responsible Bidder" is from a state that grants a 10 percent preference to local Bidders, the City will add 10 percent to that Bidder's price when evaluating the bid.

2.7.4 LOCAL CONTRACTING: The City prefers products that have been manufactured or produced by a local business if price, fitness, availability and quality are otherwise equal; desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements or services; and wants the residents of the State of Oregon and SW Washington to benefit from optimizing local businesses and services, and the local employment opportunities they generate.

2.7.5 CASH DISCOUNTS: Cash discounts will not be considered for award purposes unless stated in the bid documents.

2.7.6 DELIVERY: Ability to meet the City’s required delivery date shall be used to determine responsiveness. Cash Discounts: Cash discounts will not be considered for award purposes unless stated in the bid documents.

2.7.7 PAYMENT: The City’s standard payment term is Net 30 days. Bids which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

It is the City’s policy to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. To initiate payment of invoices, vendors shall execute the City’s standard ACH Vendor Payment Authorization Agreement which is available on the City’s website at:

http://www.portlandonline.com/omf/index.cfm?c=26606&a=409834

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Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be in United States currency.

2.7.8 BID REJECTION: The City reserves the right to reject any and all bids.

2.7.9 CANCELLATION: The City reserves the right to cancel this solicitation at any time without award.

2.7.10 BID RESULTS: Bidders who receive awards will be notified of bid results via the Procurement Services website; unsuccessful Bidders will not be directly notified. Bid results are available by phone or email.

2.7.11 PROTESTS: A written protest regarding the procurement process or this solicitation document must be submitted within 7 days after a solicitation document is advertised. A written protest regarding contract award must be submitted in writing within 7 days after the award of a contract or Notice of Intent to Award, whichever occurs first. A written protest of any Addendum must be submitted by the close of the next business day after issuance of the Addendum. Late protests will not be considered. See PCC 5.10.

SECTION 3 SUPPLEMENTAL REQUIREMENTS

3.1 REQUIRED PRODUCT/SERVICE DELIVERY: City requires a photo, documentation, and/or a detailed Invoice describing the work completed based on Scope of Work. The bidder is expected to keep a detailed maintenance log recording the date and work that was done. A detailed log is also sufficient for demonstrating the work is completed. These items shall be received within 6 months of completion of the project, or no later than June 30, 2028.

The Contractor shall immediately notify the City, in writing, if delivery cannot be completed as intended.

NOTE: Acceptance occurs when the City authorizes payment of the invoice.

3.2 INTERGOVERNMENTAL CO-OPERATIVE PURCHASING: The Bidder awarded the contract agrees to extend identical prices and services under the same terms and conditions to all public agencies. Quantities stated herein reflect the City of Portland usage only. Purchases from other agencies do not affect the Contactor’s obligation to the City of Portland. Other agencies will execute their own Contracts with the Bidder. The successful Bidder shall provide quarterly usage reporting of the City of Portland and that of other public agencies. Any Bidder, by written notification included with their bid, may decline to extend the prices and terms of this bid to any and/or all other public agencies.

3.3 ADDITIONAL PURCHASES: The City reserves the right to purchase additional goods and services beyond the goods and services stated in the bid documents at the same prices submitted by the Bidder. Such additional purchases are not guaranteed and will be made at the City’s sole discretion.

3.4 INTENT OF SPECIFICATIONS: The intent of these specifications is to provide the City with maintenance of stormwater management facilities across all school districts within the City of Portland, including Portland Public Schools, David Douglas, Reynolds, Parkrose, Riverdale, and Centennial. Bidders shall include in their bids all costs for all components and labor necessary to ensure that the stormwater systems are fully operational, regardless of any apparent omission of any particular component of these specifications.

If it appears the City omitted an important component of any item identified in this bid, the Bidder shall bring that matter to the attention of the City during the period of time available for requesting clarification as indicated in Section 2.3. The specifications in this ITB will be part of the Contract between the City and the successful Bidder(s).

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3.5 SILENCE OF SPECIFICATION: The silence or omission of the specifications as to any detail means that only the best commercial practices are to prevail in this ITB and resulting Contract; only materials and workmanship of first quality are to be used.

3.6 TAXES: Taxes, whether State or Federal, shall not be included in the bid prices. A tax exemption certificate will be provided by the City on request.

3.7 SUBMISSION OF BIDS

3.7.1 BID SUBMITTAL: By submitting a bid, the Bidder agrees to furnish any and all products required by the ITB, at the prices quoted, pursuant to all requirements and specifications as contained therein.

For purposes of review and in the interest of the City's Sustainable Paper Use Policy and sustainable business practices in general, the City requests the use of submittal materials (i.e. paper, envelopes) that contain post-consumer recycled content and are readily recyclable. Submittals shall not include 3-ring binders or any plastic binding, folder, or indexing material. Reusable binding posts, clips, or rings and recycled content paper envelopes or folders are examples of acceptable bindings.

Submittals shall be printed on both sides of a single sheet of paper wherever applicable; if sheets are printed on both sides, it is considered to be two pages. Color is acceptable, but content should not be lost by black-and-white printing or copying.

All bids must be clearly and distinctly typed or written with ink or indelible pencil. Do not erase mistakes. Instead, cross out mistakes and correct them and corrections typewritten or written in ink adjacent thereto, and initialed in ink by the party signing the bid, or his/her authorized representative.

As a result of any of these actions, if the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail. All bids must be on the form furnished by the City, or it may be rejected by the City. The omission of such items as delivery dates, or any other required information may cause the offer to be considered non-responsive.

3.7.2 BID PRICES: The Bid price includes the cost to obtain all permits and licenses that may be required to perform the services required for the Contract. Submit unit or hourly prices if requested.

All prices quoted shall include all packing, handling, shipping charges, and the warranty provisions and requirements as listed in these specifications, FOB delivered and unloaded at the designated location(s). If assembly is required, offered prices shall include all costs associated with delivery, assembly, set-up and proper disposal of packaging materials. The offer price shall be exclusive of any sales, purchaser, or consumer tax.

The prices submitted shall be firm during the Contract period. Submit unit prices if requested.

Bid prices shall remain valid for sixty (60) calendar days from bid opening unless otherwise indicated within the ITB. If the bid is accepted, prices shall remain firm for the specified Contract period.

3.7.3 BID PRICING FORM: The Bidder shall include unit and extended pricing for all equipment offered on the form provided by the City within this solicitation or may be rejected. In the event of a conflict between unit pricing and extended pricing, unit pricing shall prevail.

3.7.4 BID BOND: A bid bond is not required.

SECTION 4 STANDARD TERMS AND CONDITIONS FOR CITY OF PORTLAND CONTRACTS

The following terms and conditions apply to any contract awarded:

4.1 DEFINITIONS: The definitions found in PCC 5.10 shall apply to the Contract.

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4.2 STATE OF OREGON BUSINESS REGISTRATION: The successful Bidder(s) must also be in compliance with business registration regulations for the State of Oregon. Details are available at www.filinginoregon.com.

4.3 EXECUTION OF CONTRACT: The Bidder(s) to whom award is made shall execute and return the Contract in the required number of copies, and shall furnish all required bonds and insurance certificates satisfactory to the city within twenty (20) days after the Bidder receives the Contract.

4.4 FAILURE TO EXECUTE CONTRACT: Failure on the part of the Bidder to whom the Contract is awarded to execute the Contract and deliver the Contract, all required bonds and insurance certificates within the time required permits the City to cancel the award of the Contract and charge Bidder for the difference in price between its bid and that of the next lowest responsible bidder.

4.5. PURCHASING FROM CITY EMPLOYEES: No purchase can be made from any business with which a City employee is associated unless authorized by PCC 5.10.

SECTION 5 ADDITIONAL CONTRACT TERMS AND CONDITIONS APPLICABLE TO THIS CONTRACT

5.1 INSURANCE – PROOF OF COVERAGE

Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Chief Procurement Officer or the Auditor. Contractor shall obtain and maintain in full force at Contractor expense, throughout the duration of the Contract and any warranty or extension periods, the required insurance identified below. The City reserves the right to require additional insurance coverage as required by statutory or legal changes to the maximum liability that may be imposed on Oregon cities during the term of the Contract.

5.1.1 COMMERCIAL GENERAL LIABILITY

Contractor shall acquire commercial general liability (“CGL”) and property damage insurance coverage in an amount not less than $2 million per occurrence for damage to property or personal injury arising from Contractor’s work under this Contract.

☒ Required and attached ☐ Reduced by City ☐ Waived by City

5.1.2 POLLUTION LIABILITY

Contractor shall acquire (if not included in CGL Coverage noted above) Pollution Liability Insurance covering Contractor’s or appropriate subcontractor’s liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by Contractor, all arising out of the Goods delivered or Services (including transportation risk) performed under this Contract is required. Combined single limit per occurrence shall not be less than $3 million with an annual aggregate limit of not less than $5 million.

An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the Goods delivered or Services (including transportation risk) performed by Contractor under this Contract is also acceptable.

5.1.3 WORKERS’ COMPENSATION

Contractor shall comply with Oregon workers’ compensation law, ORS Chapter 656, as it may be amended. If Contractor is required by ORS Chapter 656 to carry workers’ compensation insurance, Contractor shall acquire workers’ compensation coverage for all subject workers as defined by ORS Chapter 656 and shall maintain a current, valid certificate of workers’ compensation insurance on file with the City for the entire period during which work is performed under this Contract. Contractor file://purchases/procur$/forms$/PROCUREMENT%20FORMS/GOODS%20AND%20SERVICES/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/00R839UW/www.filinginoregon.com

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shall acquire workers compensation coverage in an amount not less than $1 million each accident, $1 million disease each employee, and $1 million disease policy limit.

☒ Required and attached or ☐ Proof of exemption (Complete Independent Contractor Certification Statement)

5.1.4 CONTINUOUS COVERAGE; NOTICE OF CANCELLATION

The Contractor agrees to maintain continuous, uninterrupted coverage for the duration of the Contract. There shall be no termination, cancellation, material change, potential exhaustion of aggregate limits or non renewal of coverage without thirty (30) days written notice from Contractor to the City. If the insurance is canceled or terminated prior to completion of the Contract, Contractor shall immediately notify the City and provide a new policy with the same terms. Any failure to comply with this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract.

5.1.5 ADDITIONAL INSURED

The liability insurance coverages, except Professional Liability, Errors and Omissions, or Workers' Compensation, shall be shall be without prejudice to coverage otherwise existing, and shall name the City of Portland and its bureaus/divisions, officers, agents and employees as Additional Insureds, with respect to the Contractor's activities to be performed, or products or services to be provided.

Coverage shall be primary and non-contributory with any other insurance and self-insurance.

Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured.

5.1.6 CERTIFICATE(S) OF INSURANCE

Contractor shall provide proof of insurance through acceptable certificate(s) of insurance and additional insured endorsement form(s) to the City prior to the award of the Contract if required by the procurement documents (e.g., request for proposal), or at execution of Contract and prior to any commencement of work or delivery of goods or services under the Contract. The Certificate(s) will specify all of the parties who are endorsed on the policy as Additional Insureds (or Loss Payees).

Insurance coverages required under this Contract shall be obtained from insurance companies acceptable to the City of Portland. The Contractor shall pay for all deductibles and premium. The City reserves the right to require, at any time, complete, certified copies of required insurance policies, including endorsements evidencing the coverage the required.

5.1.7 SUBCONTRACTOR(S)

Contractor shall provide evidence that any subcontractor, if any, performing work or providing goods or service under the Contract has the same types and amounts of coverages as required herein or that the subcontractor is included under Contractor's policy.

SECTION 6 INSPECTION AND CONTRACT ADMINISTRATION

6.1 INSPECTION OF GOODS: No equipment, supplies, and/or services received by an agency or jurisdiction pursuant to a Contract shall be deemed accepted until the agency has had reasonable opportunity to inspect said equipment, supplies, and/or services.

All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

6.1.2 WARRANTY

The Contractor represents and warrants that (i) Contractor shall perform all Services set forth herein in a good and workmanlike manner, in conformance with the Specifications and requirements of the

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Contract, and in accordance with the highest applicable professional and/or industry standards; (ii) Contractor warrants that each of Contractor’s employees assigned to perform Services has the proper skill, training, and background to be able to perform Services in a competent, timely, and professional manner and that all Services shall be so performed; and (iii) Contractor shall, at all times during the term of the Contract, maintain and keep current all licenses and certifications required to perform the work set forth in the Contract.

6.2 REJECTION OF DELIVERED GOODS: The City’s right to reject any unacceptable products shall not exclude any other legal, equitable or Contractual remedies the City may have. The City reserves the right to return any such rejected shipment at the Contractor’s expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

SPECIAL CONDITIONS

Where special conditions are written in the specifications, these special conditions shall take precedence over any general conditions listed elsewhere in the bid solicitation in the event of a conflict. These “Terms and Conditions” are not to be construed as exclusive remedies or as a limitation upon rights or remedies that may be or may become available under ORS Chapter 71-83 (Universal Commercial Code).

VII. ATTACHMENTS

1. REPRESENTATIONS, CERTIFICATIONS

2. BID SCHEDULE

3. NON-COLLUSION AFFIDAVIT

4. STANDARD OF GOODS AND SERVICES PRICE AGREEMENT

5. SUBMISSION INSTRUCTIONS

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ATTACHMENT 1

REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS

MAINTENANCE AND REHABILITATION OF PUBLIC-SCHOOL STORMWATER

MANAGEMENT FACILITIES

BID NO #2258147098

OFFER DATE

OFFEROR NAME

OFFEROR DOING BUSINESS AS

OFFEROR ADDRESS

AUTHORIZED REPRESENTATIVE NAME

AUTHORIZED REPRESENTATIVE TITLE

AUTHORIZED REPRESENTATIVE

PHONE

EMAIL

MAILING ADDRESS

SIGNATURE

LOCAL REPRESENTATIVE

LOCAL REPRESENTATIVE PHONE

LOCAL REPRESENTATIVE EMAIL

CITY OF PORTLAND BUSINESS

LICENSE NUMBER

STATE OF OREGON REGISTRY

NUMBER

FEDERAL TAXPAYER IDENTIFICATION

NUMBER (TIN)

TYPE OF ORGANIZATION

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local);

[_] Other ____________________.

COMMON PARENT

[_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

RESIDENT BIDDER

All Offerors must state whether or not they are an Oregon resident Bidder as defined in ORS 279A.120, a resident Offeror is one who has paid unemployment taxes or income taxes in the State during the twelve (12) calendar months immediately preceding bid submission, has a business address in Oregon, and has stated in their bid to be a resident bidder.

[_] Offeror is a Resident Bidder [_] Offeror is not a Resident Bidder State of Residence ____________________________________

SOLICITATION #2258147098 PAGE 13 OF 77

ATTACHMENT 2

BID SCHEDULE

[must be submitted with bid]

BID SCHEDULE INFORMATION: The Offeror represents and certifies as part of the following bid:

The undersigned having full knowledge of the specifications for the item(s) listed herein offers and agrees that this bid shall be irrevocable for at least sixty (60) calendar days after the bid opening date and time, and if accepted shall furnish any and/or all items(s) at the prices offered, all required documents, licenses and certifications, guarantees, titles and warranties as required and deliver at the designated point(s) within the time specified in the schedule.

ITEM DESCRIPTION / SERVICE HOURLY RATE AFTER HOURS/ EMERGENCY RATE

1 Inspections

2 Debris and Sediment Removal

3 Vegetation Maintenance

4 Structure Maintenance

Stormwater Treatment Devices Cleaning and Replacement

6 Volunteer Outreach, work with PTOs, etc.

TOTAL

PRICE

Question Answer

1. Does your firm have 3–5 years of experience maintaining stormwater management facilities?

Yes No

2. Does your firm have experience working with municipal, school, or public agency facilities?

Yes No

3. Does your firm have knowledge of stormwater best management practices?

4. Does your firm have the ability to safely work on active school campuses?

5. Does your firm have experience with community stewardship or volunteer programs?

An Offeror submitting a bid certifies that no officer, agent or employee of the City who has a pecuniary interest in this bid has participated in preparation of the bid, that the bid is made in good faith without fraud, collusion, or connection of any kind with any other Offeror of the same call for bids, and that the Offeror is competing solely in its own behalf without connection with, or obligation to any undisclosed person or firm.

VENDOR NAME_________________________________________________

SIGNATURE ___________________________________________________

SOLICITATION #2258147098 PAGE 14 OF 77

ATTACHMENT 3

NON-COLLUSION AFFIDAVIT

STATE OF Contract Bid No. #_______________

COUNTY OF

I, (Type/Print Name) , state that I am (Position Title) of (Name of Firm) and that I am authorized to execute this affidavit on behalf of this firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

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

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

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

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

5. (Name of Firm) , its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted 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.

I state that (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied on by THE CITY OF PORTLAND, OREGON in awarding the Contract(s) for which this bid is submitted. My firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from THE CITY OF PORTLAND, OREGON of the true facts relating to the submission of bids for this Contract.

Signature

Subscribed and sworn to before me this

___ ______ day of , NOTARY PUBLIC

My commission expires ___________________

ATTACHMENT 4 - STANDARD GOODS AND SERVICES PRICE AGREEMENT

SOLICITATION #2258147098 PAGE 15 OF 77

CITY OF PORTLAND

PRICE AGREEMENT FOR

MAINTENANCE AND REHABILITATION OF PUBLIC-SCHOOL STORMWATER

MANAGEMENT FACILITIES

Contract Number: CWXXXXX

As authorized by 5.10, this Price Agreement (“Contract”) is made effective on August 1, 2026 (“Effective Date”) by and between the City of Portland (“City”), a municipal corporation of the State of Oregon, and _____________ (“Contractor”), a(n) ________ corporation, by and through their duly authorized representatives. This Contract may refer to the City and Contractor individually as a “Party” or jointly as the “Parties.”

The initial Term of this Contract shall be from the Effective Date through July 31, 2031, and may be amended to a maximum Term of July 31, 2036. The total not-to-exceed amount under this Contract for the initial Term shall be $170,000.00. (11/20)

Party contacts and Contractor’s and City’s Project Manager for this Contract are:

For City of Portland: For Contractor:

Name: Name:

Title: Title:

Address: Address:

City, State: City, State:

e-mail: e-mail:

Copy to: Paris McCall-Johnson Copy to:

Procurement Specialist paris.mccall-johnson@portlandoregon.gov

Scope and Consideration

(a) Contractor shall perform the Services and provide the Deliverables set forth in the Statement of Work or Task Order by the due dates specified in the Contract.

(b) Payments shall be made to Contractor according to the schedule identified in Exhibit A, the Contractor’s Price.

(c) Contract Not Exclusive. The City may, but is not required to, purchase any Goods or Services within the scope of this Contract. Good or Services will be requested on an as-needed basis, and there is no guarantee of a minimum or maximum quantity. This Contract does not

SOLICITATION #2258147098 PAGE 16 OF 77

create an exclusive relationship between the City and Contractor, and the City retains the right to purchase the same or similar goods or services from other providers.

Recitals:

WHEREAS, to further its government operations, the City of Portland desires to purchase maintenance and rehabilitation services of public-school stormwater management facilities; and

WHEREAS, the City issued Request for Proposal Invitation to Bid (ITB) #2258147098 for maintenance and rehabilitation of public-school stormwater management facilities

WHEREAS, Contractor, in its Proposal dated ________ and submitted in response to the City’s ITB represented that it has the knowledge, experience, and expertise in providing maintenance and rehabilitation services of stormwater management facilities for government agencies and municipalities; and

WHEREAS, the City selected Contractor based on its Proposal;

THE PARTIES HEREBY AGREE AS FOLLOWS:

1. DEFINITIONS (12/20)

General Definitions. (11/18) These definitions apply to the entire Contract, subsequent Amendments, and any Change Orders or Task Orders, unless modified in an Amendment. If any definition contains a substantive provision conferring rights and/or obligations upon a Party, then effect shall be given to the substantive provision.

“Acceptance” (11/18) means the Deliverable demonstrates to the City’s satisfaction that the Deliverable conforms to and operates according to the Acceptance Criteria, and if required, has successfully completed Acceptance Testing, and for Deliverables not requiring Acceptance Testing that the Deliverable conforms to the Acceptance Criteria or the City’s Specifications.

“Acceptance Certificate” (11/18) means a written instrument by which the City notifies Contractor that a Deliverable has been Accepted or Accepted with exceptions, and Acceptance Criteria have been met or waived, in whole or in part.

“Acceptance Criteria” (11/18) means functionality and performance requirements determined by the City, based upon the Specifications, which must be satisfied prior to City’s Acceptance of a Deliverable. City and Contractor shall agree upon written Acceptance Criteria.

“Acceptance Date” (11/18) means the date on which the City issues an Acceptance Certificate for the Deliverable(s).

SOLICITATION #2258147098 PAGE 17 OF 77

“Acceptance Test” (11/18) means the evaluation and testing method, procedures, or both, that are used to determine whether or not a Deliverable requiring Acceptance Testing performs in accordance with the Acceptance Criteria.

“Affiliates” (11/18) means, for Contractor, any individual, association, partnership, corporation or other entity controlling, controlled by, or under common control. The term “control” means the power to direct or cause the direction of the management and policies of an individual or entity, whether through the ownership of voting securities, by contract, agreement or otherwise.

“Amendment” (12/18) means a written document required to be signed by both Parties when in any way altering the Master Terms and Conditions of the Contract, Contract amount, or substantially altering a Statement of Work.

“Bid” (11/18) means Contractor’s response to the City’s ITB referenced in the recitals above.

“Business Day” (11/18) means a twenty-four hour day, excluding weekends and City holidays, beginning at midnight and ending at midnight twenty-four hours later.

“Calendar Day” (11/18) means a twenty-four hour day, including weekdays, weekends and holidays, beginning at midnight and ending at midnight twenty-four hours later.

“Change Order” (12/18) means a document, agreed and signed by both Parties, that changes an existing Statement of Work or Task Order. Change Orders cannot change Contract amount or Master Terms and Conditions.

“Confidential Information” (06/20) means any information that is disclosed in written, graphic or machine-recognizable form and is marked or labeled at the time of disclosure as being Confidential or its equivalent, or, if the information is in verbal or visual form, it is identified as Confidential or proprietary at the time of disclosure, or a reasonable time thereafter. Information shall always be considered Confidential Information, whether or not it is marked or identified as such, if it is described by one or more of the following categories: (1) non-public financial, statistical, personnel, human resources data or Personally Identifiable Information as described in the Oregon Consumer Information Protection Act; (2) business plans, negotiations, or strategies; (3) unannounced pending or future products, services, designs, projects or internal public relations information; (4) trade secrets, as such term is defined by ORS 192.345(2) and the Uniform Trade Secrets Act ORS 646.461 to 646.475; (5) information which is exempt from disclosure per Oregon Public Records Law; (6) attorney/client privileged communications; (7) information which is exempt per federal laws (including but not limited to copyright, HIPAA); and

(8) information relating to or embodied by designs, plans, configurations, specifications, programs, or systems including without limitation, data and information systems, any software code and related materials and processes, Customizations, Configurations, Updates, Upgrades;

and any Documentation. Confidential Information does not include any information that: is or

SOLICITATION #2258147098 PAGE 18 OF 77

becomes publicly known through no wrongful or negligent act of the receiving Party; is already lawfully known to the receiving Party without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this Contract or any other agreement between the Parties or of any applicable protective or similar order, in the receiving Party’s possession without any obligation restricting disclosure; is independently developed by the receiving Party, as shown by reasonable written documentation, without breach of this Contract; or is explicitly approved for release by written authorization of the disclosing Party.

“Contract” (11/18) means the Master Terms and Conditions including all exhibits, attachments and schedules and their constituent parts listed in the Order of Precedence or incorporated by reference.

“Deliverable(s)” (11/18) means the Goods, Services, Documentation or documents or tangible work products described in the Statement of Work to be provided to the City by Contractor under this Contract.

“Documentation” (11/18) means user manuals and other written materials in any form that describe the features or functions of the Goods and Services, including but not limited to published specifications, online instructions and help, marketing materials, technical manuals, and operating instructions provided by Contractor to the City, or readily available to the public, or as required to be produced by Contractor subject to the terms of this Contract.

“Equipme…