Port of Morrow. Boardman, Oregon. Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment

Transcription

1 Port of Morrow Boardman, Oregon Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, 2018 INDEX A. Invitation to Bid 1 Page B. Project Description 1 Page C. Advertisement for Bidders 1 Page D. Information for Bidders 1 Page E. Bid Form/Bid Schedules 2 Pages F. Contract Form/Agreement 2 Pages G. Waiver and Release of Lien 3 Pages H. Performance Bond 2 Pages I. Bid Bond 1 Page J. Payment Bond 2 Pages K. Change Order 1 Page L. Notice of Intent to Award 1 Page M. Notice of Award 1 Page N. Notice to Proceed 1 Page O. First Tier Subcontractor Disclosure Form 1 Page P. General Conditions Attached

2 Dear Bidder: INVITATION TO BID Port of Morrow Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, 2018 We are pleased to enclose a bid packet for the above referenced project for the Port of Morrow, Owner of the Project. To all bidders Mandatory Site Meeting all bidders must attend the Mandatory site meeting on November 29 th 9:00 am. Meeting will be held at the Port of Morrow office to answer any questions to the bid documents, we will then travel to the site to review existing conditions Sealed Bids will be accepted until 2:00 PM Thursday December 13 th, 2018 at the address shown below. All bids shall be binding for 30 days thereafter. Bids will be publicly opened. We are asking all bidders to base their bids in accordance with the Owner s general project description with methods of construction and completion dates to be given consideration based upon evaluation of the advantages or disadvantage of the above items. One copy of the executed Bid Form that includes provision for a bid breakdown, lump sum bid amount, addenda acknowledgement, unit prices and signatures are to be submitted with your bid. All bids are to include the bid schedule. Failure to complete the Bid Form may be grounds for bid rejection. The successful bidder will be required to execute the contract documents in the form set forth in this bid package. The successful bidder shall be required to furnish a 100% Payment, Performance, & Five Percent Bid Bonds. The bidder is subject to all requirements regarding the payment of Prevailing Wage Rates per Public Works Project ORS 279c.800 to 279C.850. And Davis-Bacon Federal wage rate requirements included in subchapter IV of chapter 31 of title 40 U.S.C. The bidder is subject to all requirements regarding the payment of Prevailing Wage Rates per Public Works Project ORS 279c.800 to 279C.850. The Owner reserves the right to reject any or all proposals or waive irregularities therein. Volunteered alternate bids will be evaluated by the Owner and may be the basis for award of a contract. Bids shall be delivered, sent by regular mail or USPS Express Mail or sent by overnight delivery service (Fed Ex or UPS) to: Mark Patton, Port of Morrow, P. O. Box 200/#2 Marine Drive, Boardman, OR bids will be accepted at bids@portofmorrow.com Faxed bids will be accepted at (541) on December 13 th, only. All ed or faxed bids should be received by 12:00 PM and bidder must call to verify their receipt at Questions shall be submitted in an and shall not be accepted later than 48 hours prior to the bid opening. Any questions shall be directed to both Mark Patton, at markp@portofmorrow.com and Ron McKinnis at ronm@portofmorrow.com Sincerely, Port of Morrow Section A.

3 PROJECT DESCRIPTION Port of Morrow Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, 2018 Scope of Work The current scope of work for this project will include supply of Supply of Equipment & Labor, to the Port of Morrow. The site is located at the Port of Morrow near Boardman, OR Access to the site will be provided by the Owner. First Phase Track D: POS Station TRK #715 to POC Station TRK #715 General description of the project includes Labor and Equipment for the Installation of the following: A. Anticipated start date January 21 st 2019 B. Install Approximately 2,553 feet 115# RE Track on concrete ties C. Remove No. 11 RH HOTO 133# and Wood Ties, POS Station TRK #715. Straight Rail #715 with 133# rail. D. Install No. 11RH HOTO 133# and Wood Ties, POS Station TRK #715 Crossover to TRK B. E. Install No. 11RH HOTO 115#, Wood Ties, POS Station TRK B Crossover to TRK #715, contractor will be responsible for bending any radius. F. Install 115#Rail W/clips on steel beams at Dump Pit G. Remove No. 11 RH HOTO 133#, Wood Ties at POS Station TRK #715. H. Install No. 11 RH HOTO 133#, Wood Ties at POS Station TRK D FES#35301 = Station TRK #715. Straight Rail with 133# Rail & Realign #715. I. Install Ballast Rock J. ¾ Minus Walkway ballast to be installed 125 each side of each operator by Contractor. K. Sub-grade and Sub-ballast will be completed by the Port of Morrow by January 18 th 2019 L. Work must be coordinated to not impede any unit train access to the Pacific Ethanol facility (current schedule is (1) unit train every 4 to 5 days) all work to be completed and approved by March 1 st 2019 weather permitting M. See attached plans and specification for additional information and requirements. N. Mandatory walkthrough Thursday November 29 th at 9:00 am, we will meet at the Port of Morrow office and then go to review site.

4 Project Description continued Second Phase Tracks A, B, & C: EDT Station TRK #724 = 0+00 Track C /EDT Station TRK #727 = 0+00 TRK B to POS Station TRK #715 General description of the project includes Labor and Equipment for the Installation of the following: A. Anticipated start date 09/16/2019, we ask each contractor to provide their estimated time of completion to their bid documents (in working days with weather permitting) which shall become part of the contract documents. Final cost and timeline may be consideration of award B. Install Approximately 23,482 feet 115# RE Track on concrete ties C. Install No. 11 RH HOTO 115#, Wood Ties at POS Station TRK B =Station TRK A, contractor will be responsible for bending any radius D. Install No. 11LH HOTO 115# Wood Ties, POS Station TRK B = Station TRK A contractor will be responsible for bending any radius E. Install No. 11RH HOTO 115#, Wood Ties, POS Station TRK B = Station TRK E contractor will be responsible for bending any radius. F. Install No. 11RH HOTO 115#, Wood Ties, POS Station TRK B = Station TRK C EQU = Station TRK B contractor will be responsible for bending any radius. G. Install No. 11 LH HOTO 115# and Wood Ties, POS Station TRK B, Crossover to TRK #715. H. Install No. 11 LH HOTO 115# and Wood Ties in 133# Rail, POS Station TRK #715, Crossover to TRK B. I. Install Ballast Rock J. ¾ Minus Walkway ballast to be installed 125 each side of each operator. K. Install Concrete Crossing Panels over 10 Wood Ties, see plans for locations L. The majority of Sub-grade and Sub-ballast will be completed by the Port of Morrow by September 13 th 2019 M. See attached plans and specification for additional information and requirements. N. Mandatory walkthrough Thursday November 29 th at 9:00 am, we will meet at the Port of Morrow office and then go to review site. All materials necessary for the completion of the project will be provided by the Port of Morrow. The Port will provide horizontal and vertical control for all aspects of the rail Construction. A staging site will be made available for the successful contractor and access to the site will be provided by the Port. Installation shall be per Plans and Specifications Supplied by the Port and shall be completed as per Port and U.P.R.R. Specifications. All Materials Supplied are Per U.P.R.R. Specifications; A. 115# Rail - "New Standard" or "New Industrial" Grade Rail. All Associated Rail Materials will Conform to UPRR Standards to include but not be limited to: Bolts, Nuts, Washers, Rail Anchors, Joint Bars, Compromise bars, Tie Plates, and Rail Fastening Systems. B. Concrete Ties Non-Jointed and Jointed - Precast, prestressed Concrete Rail Ties to match 115 Lb. Rail configuration. C. New # 11 SMSG Turnouts D. Concrete Crossings E. New Tunout Wood Tie Packages - The ties will be Grade 5, and in conformance with the UPRR - TSFCOIT. Further, the following woods can be used for crossties: Eastern Species - Oaks, Maples, Elms, Gums, Cypresses, Hickories, Birches, Cherries, Sassafras, Beeches, Sycamores, Larches, Walnuts, Locusts. Western Species - Douglas Fir (Cottonwood, Willow, Hackberry Hem-Fir, Ponderosa Pine, Lodge pole, Pine, Larch and Poplar are not acceptable) F. 10 Wood Switch Ties to be used for Crossing Ties Conforming to the same Specifications as Turnout Ties G. Sub-Ballast Rock - Per UPRR Specifications as shown on UPRR Standard Drawings 0010E and 0013A. Less than 100% Fracture Allowed for Sub-Ballast Only. H. Ballast Rock - Per UPRR Specifications as shown on UPRR Standard Drawings 0010E I. Pandrol Steel Weld-on Shoulder #SHL and e Clip Section B.

5 ADVERTISEMENT FOR BID Port of Morrow Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment Request for Bids Bids due 2:00 p.m. December 13 th, 2018 Bids submitted for Supply of Labor and Equipment, must be submitted in a sealed envelope to the Port of Morrow, P.O. Box 200 (No. 2 Marine Drive), Boardman, Oregon not later than 2:00 p.m., local time, on the 13 th day of December, At that time they will be publicly opened. Bids will not be accepted after this hour and date. The Project: Supply Labor and Equipment for the following: First Phase Track D: POS Station TRK #715 to POC Station TRK #715 General description of the project includes Labor and Equipment for the Installation of the following: A. Install Approximately 2,553 feet 115# RE Track on concrete ties B. Remove and Relocate (2) No. 11 RH/LF HOTO, 133#, Wood ties ZTS #715, replace W/133# A. Install Turnouts and Crossovers per plan C. Install 115#Rail W/clips on steel beams at Dump Pit D. Install Ballast and walkway Rock E. Sub-grade and Sub-ballast will be completed by the Port of Morrow by January 18 th 2019 F. See attached plans and specification for additional information and requirements. G. Mandatory walkthrough Thursday November 29 th at 9:00 am, we will meet at the Port of Morrow office and then go to review site. Second Phase Tracks A, B, & C: EDT Station TRK #724 = 0+00 Track C /EDT Station TRK #727 = 0+00 TRK B to POS Station TRK #715 General description of the project includes Labor and Equipment for the Installation of the following: H. Anticipated start date 09/16/2019 I. Install Approximately 23,482 feet 115# RE Track on concrete ties J. Install Turnouts and Crossovers per plan K. Install Ballast and walkway Rock L. Concrete Crossings over wood ties, see plans for locations M. Sub-grade and Sub-ballast anticipated to be completed by the Port of Morrow by September 15 th 2019 N. See attached plans and specification for additional information and requirements. O. Mandatory walkthrough Thursday November 29 th at 9:00 am, we will meet at the Port of Morrow office and then go to review site. The Port of Morrow reserves the right to reject for good cause, any or all bids, or to postpone the award of the contract upon finding that it is in the public interest to do so. Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279a.120. The bidder is subject to all requirements regarding the payment of Prevailing Wage Rates per Public Works Project ORS 279c.800 to 279C.850. A copy of the scope of work may be obtained on November 9 th Please your request to BIDS@PORTOFMORROW.COM or at the Port of Morrow office, No. 2 Marine Drive, Boardman, Oregon, phone 541/ Section C.

6 INFORMATION FOR BIDDERS Port of Morrow Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, Receipt and Opening of Bids The Port of Morrow (herein called the "Owner"), invites bids on the form attached hereto. All blanks must be appropriately filled in. Bids will be received by the Owner at the Office of The Port of Morrow until 2:00 PM, December 13 th 2018 and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to the Port of Morrow PO Box 200, 2 Marine Drive, Boardman Or, and designated as Bid for Supply of Labor & Equipment East Beach Industrial Park Unit Train Expansion The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled' time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract, must be acceptable to the Owner. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. Drawings shall be distributed in PDF format. Each contractor shall be responsible for all printing and copying of plans and specifications necessary to bid the project. 5. Method of Bidding The Owner invites the following bid(s): (See attached bid schedule.) Section D.

7 6. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and date for this purpose as the Owner may request. The Owner reserves the right to reject, any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 7. Bid Security Each bid must be accompanied by cash, certified check of the bidder or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of Five Percent (5%) of the bid. Such cash checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids and the remaining cash, check or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or if no award has been made within 30 days after the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 8. Liquidated Damages for Failure to Enter into Contract The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds retired within 10 days after he has received notice of the acceptance of his bid, shall forfeit, to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. 9. Time of Completion and Liquidated Damages The bidder must agree to coordinate work schedule by project with Owner. Bidder agrees to be on site with 10 days notice per project. Bidder will fully complete each project as identified by Owner. Bidder must agree also to pay as liquidated damages, the sum of $1,000 for each consecutive calendar day Bidder does not commence work as identified by schedule from Owner and thereafter as hereinafter provided in the General Conditions. Refer to Project Description section for timelines. 10. Conditions of work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 11. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre- bid documents will be made to any bidder orally. Every request for such interpretation or questions shall be directed to both Mark Patton, at markp@portofmorrow.com, and Ron McKinnis at ronm@portofmorrow.com and to be given consideration must be received at least 48 hours prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be ed to all prospective bidders (at the respective addresses furnished for such purposes) not later than 24 hours prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Section D.

8 12. Security for Faithful Performance Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 14. Notice of Special Conditions Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Stated allowances. 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 16. Method of Award If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract; the contract will be awarded on the base bid only. Owner may reject all bids or may award the contract on the items per bid schedules combined with such deductible or additional alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount, which is within the available funds. 17. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid. 18. Billing Invoices may be sent to ap@portofmorrow.com Weekly Certified Payroll shall be submitted at the time of Invoice or at least once per Month. Form WH-38 can be used and found on the BOLI website 19. Prevailing Wage Requirements Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279a.120. The bidder is subject to all requirements regarding the payment of Prevailing Wage Rates per Public Works Project ORS 279c.800 to 279C.850. And under the following Documents Prevailing Wage Rates for Public Works Contracts in Oregon Effective October 1, 2018

9 Prevailing Wage Rates for Public Works Contracts in Oregon are published annually on January 1, April 1, July 1, and October 1. They are available online at You may request one complimentary hard copy by ing BOLI at or calling Davis-Bacon Bidder is subject to all requirements regarding the payment of Davis-Bacon Federal wage rate requirements included in subchapter IV of chapter 31 of title 40 U.S.C. and recording of Ceritified payroll form WH Contracts and Contract Specifications Requirements Workers must be paid not less than the applicable state prevailing rate of wage. ORS 279C.830(1)(c); OAR (3)(a) If the project is subject to both the state prevailing wage rate law and the federal Davis-Bacon Act, the contractor is required to pay the higher of the applicable state or federal prevailing rate of wage. ORS 279C.830(1)(d); OAR (3)(b) If the contractor fails to pay for labor and services, the agency can pay for them and withhold these amounts from payments to the contractor. ORS 279C.515; OAR (2)(a) The employer must give written notice to the workers of the number of hours per day and days per week they may be required to work. ORS 279C.520(2); OAR (2)(c) The contractor must make prompt payment for all medical services for which the contractor has agreed to pay, and for all amounts for which the contractor collects or deducts from the worker s wages. ORS 279C.530; OAR (2)(d) The contractor is required to have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt. ORS 279C.830(2)(a); OAR (2)(e)(A) The contractor is required to include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt. ORS 279C.830(2)(b); OAR (2)(e)(B) Withholding Retainage: In addition to any other retainage obligated by the Public Contracting Code, the PWR law requires public agencies to withhold 25 percent of any amount earned by the Prime or Sub contractor if the Prime or Sub contractor does not turn in its certified payroll reports each month. Once the certified payroll reports have been submitted, the public agency must pay the 25 percent withheld within 14 days. ORS 279C.845(7); OAR (5) All contractors performing work under this agreement to name ODOT as a third-party beneficiary of Port s Sub-agreement with the Contractor and to name ODOT as an additional oblige on Contractor s Bond.

10 Contracts and Contract Specifications Requirements continued: We require the contractor(s) and subcontractor(s) that are not units of local government as defined in ORS , if any, to indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Oregon Department of Transportation and its officers, employees an agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorney s fees, arising from a tort, as now or hereafter defined in ORS ( claims ), to the extent such claims are caused, or alleged to be caused, by the negligent or willful acts or omissions of Sponsor s contractor or any of the officers, agents, employees, or subcontractors of the contractor. It is the specific intention of the parties that ODOT shall, in all instances, except to the extent claims arise from the negligent or willful acts or omissions of ODOT, be indemnified for all claims caused or alleged to be caused the contractor or subcontractor. Any such indemnification shall also provide that neither Sponsor s contractor and subcontractor, nor any attorney engaged by Sponsor s contractor and subcontractor, shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without their prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Sponsors contractor is prohibited from defending the State of Oregon, or that Sponsor s contractor is not adequately defending the State of Oregon s interest, or that an important governmental principle is at issue or that it is in the best interest of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Sponsor s contractor if the State of Oregon elects to assume its own defense. Sponsor shall require the other party, or parties, to each of its sub-agreements that are not units of local governments as defined in ORS to obtain and maintain insurance of the types and in the amounts provided section of the General Conditions. Installation Contractors Crew will be required to have the appropriate MSHA Training for any work thru the CADMAN mining site. This will be discussed at our Mandatory Pre-bid meeting. Attached is the Port of Morrow Mine Safety and Health policy Part 46 Training Program this is provided for use as a reference only. Section D

11 BID Proposal of (hereinafter called BIDDER ), organized and existing under the laws of the State of doing business as * To the (hereinafter called ( OWNER ). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of _ in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of the BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any a matter relating to this BID with any other BIDDER or with a competitor. BIDDER hereby agrees to commence WORK under this contract on and to fully complete the PROJECT within consecutive calendar days. BIDDER further agrees to pay as liquidated damages, the sum of $1000 for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions. BIDDER acknowledges receipt of the following ADDENDUM: BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sum. Section E.

12 BID SCHEDULE Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, 2018 NOTE: BIDS shall include sales tax and all other applicable taxes and fees. First Phase Track D: POS Station TRK #715 to POC Station TRK #715 Item Description Unit Quantity Description Unit Cost Total Price 115RE New standard grade Rail, 80 lengths w/10% shorts and concrete ties LF +/ of clear length No. 11 Turnouts Righthand EA 2 Installation of 115# rail, Jointed and Non-Jointed concrete ties and installation materials Remove and Relocate (2) No. 11 RH HOTO, 133#, Wood ties ZTS #715, replace W/133# rail and concrete ties. 133# rail and concrete ties are currently in Port of Morrow inventory No. 11 Turnouts Righthand EA 1 Install 115RE #11 SMSG Turnouts on wood ties Rail / Grain Dump pit LF +/- 120 Install clips and rail on existing steel beams Rail Ballast LF =/- 2,450 Install Rail Ballast on rail and turnouts per specification Walkway Ballast EA 3 Install walkway ballast at trunouts 125 onto each side of operator Construction Timeline N/A N/A First phase estimated start date 01/21/2019 Completion date 03/01/2019 N/A N/A FIRST PHASE TOTAL $

13 BID SCHEDULE Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, 2018 NOTE: BIDS shall include sales tax and all other applicable taxes and fees. Second Phase Tracks A, B, & C: EDT Station TRK #724 = 0+00 Track C /EDT Station TRK #727 = 0+00 TRK B to POS Station TRK #715 Item Description Unit Quantity Description Unit Cost Total Price 115RE New standard grade Rail, 80 lengths w/10% shorts and concrete ties 133# No. 11 Crossover Righthand LF +/- 22,800 of clear length EA 1 Installation of 115# rail, Jointed and Non-Jointed concrete ties and installation materials Install new133re #11 crossover Turnout on wood ties 115# No. 11 Turnouts Righthand/Lefthand turnouts 115# No. 11 Lefthand Crossovers EA 4 Install new 115RE #11 SMSG Turnouts on wood ties LF 1 Install new 115RE #11 crossover Turnout on wood ties Rail Ballast LF +/- 23,482 Install Rail Ballast on rail and turnouts per specification Walkway Ballast EA 6 Install walkway ballast at trunouts 125 onto each side of operator 115# Crossing Panels LF +/- 350 Install crossing panels 7 x 9 X 10 New Switch Ties (at crossings) Construction Timeline Days Construction Timeline in working days N/A N/A SECOND PHASE TOTAL $ TOTAL BID AMOUNT $

14 Bid Schedule Continued: Owner reserves the right to add or subtract from these quantities at the same rate for a period of 60 days from award. Owner also reserves right to award each phase separately if in the best interest of Owner. The units are an estimate. The contractor will be paid on the total completed volumes. Mobilization charges shall be factor into their unit cost. Bidders should bid these line items on a unit cost basis. Un-balanced bids will be rejected at the discretion of the Port of Morrow. An Oregon Contractors License, Performance, Payment and Bid Bonds are required to Bid this Project Respectfully Submitted: Signature Title Contractor License Number Address Address Date Section E.

15 AGREEMENT THIS AGREEMENT, made this day of. 2018, by and between Port of Morrow, hereinafter called OWNER and, doing businesses as (an individual, a partnership, or a corporation) hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of : General description of the project includes Labor and Equipment for the Installation of the following: 2. The CONTRACTOR will furnish all of the tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED ( 2019 and will be completed within days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $, or as shown in the BID schedule. 5. The term CONTRACT DOCUMENTS means and includes the following: A. Advertisement for Bids B. Project description C. Information for Bidders D. Bid E. Agreement F. General Conditions G. Payment Bond H. Performance Bond I. Public works Bond J. Notice to Award K. Notice to Proceed L. Change Order M. ADDENDA:. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

16 8. This project was funded with a financial award from the Special Public Works Fund, funded by the Oregon State Lottery and administered by the State of Oregon, Business Development Department. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized official, ATTEST: Name Title OWNER: Port of Morrow By: Mark Patton Title: Assistant General Manager CONTRACTOR: By Name Title (Seal) ATTEST: Name Title Section F.

17 WAIVER AND RELEASE OF LIEN WHEREAS, the undersigned, has furnished to (Name of manufacturer, material man or subcontractor) the following: for use in the construction of a project (kind of material and services furnished) Belonging to, and designated as, as,. NOW, THEREFORE, the undersigned, for and in consideration of $, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all liens, or right to or claim of lien, on the above described project and premises, under any law, common or statutory, on account of labor or materials, or both, heretofore or hereafter furnished by the undersigned to or for the account of said for said project. Given under my (our) hand(s) and seal(s) this day of, 20.. (Name of manufacturer, material man or subcontractor) By: President, Vice President, partner or owner, or, if signed by other than one of the foregoing in favor of the signer, (use designation applicable)

18 Section G. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called Principal, and (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of : NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnity and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alternation or addition to the terms of the contract or to the WORK to be performed hereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does

19 hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contractor to the WORK or the SPECIFICATIONS. Section H. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of (Number) which shall be deemed an original, this day of,20. ATTEST: (Principal Secretary) (Principal (Seal) By (s) (Address) (Witness as to Principal) (Address) ATTEST: (Witness as to Surety) (Address) (Surety) By (Attorney-in-Fact) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

20 Section H. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal and as Surety are hereby held and firmly bound unto as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of 20. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (property completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, herby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does herby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) Principal Surety By: IMPORTANT- Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

21 Section I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of : NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed r used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alternation or addition to the terms of the contract or to the WORK to be performed hereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does

22 hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. Section J. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of (Number) which shall be deemed an original, this day of 20. ATTEST: (Principal Secretary) (Seal) (Witness as to Principal) (Address) ATTEST: (Witness as to Surety) (Address) (Principal By (s) (Address) (Surety) By (Attorney-in-Fact) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. Section J.

23 Port of Morrow Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment December 13 th, 2018 CHANGE ORDER OWNER: Port of Morrow CONTRACTOR: Order No: Date: Agreement Date: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change order #1 Change order #2: Change to CONTRACT PRICE: Original CONTRACT PRICE: Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ N/A The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by: The new CONTRACT PRICE including this CHANGE ORDER will be: $ Change to CONTRACT TIME: yes The CONTRACT TIME will be (increased) by calendar days. The date for completion of all work will be. Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Port of Morrow Ordered by: Mark Patton_ Accepted by: Section K.

24 Port of Morrow Bid # East Beach Industrial Park Unit Train Expansion Supply of Labor & Equipment NOTICE OF INTENT TO AWARD PURSUANT TO 279C.410 COUNTY: MORROW BID Opening: 12/13/2018 Intent Award Notice Date:00/00/0000 PROJECT: Equipment, Labor & Misc. materials BIDDER: Description: Total BID AMOUNT: $ (THIS IS NOT A NOTICE OF AWARD OR A NOTICE TO PROCEED)

25 NOTICE OF AWARD Section L. To: PROJECT Description: You have been awarded the following. The OWNER has considered the BID submitted by you for the above described Labor and Materials or Materials only in response to its Advertisement for Bids dated 12/13/2019, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of:: $ You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR S Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this notice, said OWNER will be entitled to consider all your rights arising out of the OWNER S acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the OWNER. Dated this day of, 2018 (Owner) Port of Morrow By: Mark Patton Title: Assistant General Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By, this day of, 20 By: Title Section M.

26 NOTICE TO PROCEED GENERAL CONDITIONS To: Date: Project: _ You are hereby notified to commence WORK in accordance with the Agreement date, 20, on or before, 20, and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore, 20. (Owner) By_ Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by. This day of, 20. By Title Section N.

27 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM As Per OAR BID CLOSING DATE & TIME: FIRST TIER DISCLOSURE DEADLINE: BID OPENING: FOR PORT OF MORROW PROJECT: 2018 This form must be submitted at the location specified in the Information for Bidders on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter NONE if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.) NAME OF SUBCONTRACTOR DOLLAR VALUE CATEGORY OF WORK Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. Form submitted by (bidder name): Phone No.:

28 BIDDER S CERTIFICATION STATEMENTS FOR PORT OF MORROW As required by certain OREGON REVISED STATUTES (ORS) The Bidder,, certifies to the following Company Name 1) Bidder is registered with the OREGON CONSTRUCTION CONTRACTORS REGISTRATION BOARD in accordance with ORS through The Bidder certifies that Registration Number allows his/her company to perform work on Public Works Projects and that this registration is current and valid. The Bidder further certifies that, if awarded the contract, all subcontractors performing work will be registered with the OREGON CONSTRUCTION CONTRACTORS REGISTRATION BOARD in accordance with ORS through prior to the subcontractors commences work under the contract. 2) On all public contracts exceeding $50,000 and not covered under the Federal Davis-Bacon Act, the Bidder will comply with the applicable provisions of the Oregon Prevailing Wage Law, ORS 279C.800 through 279C.870, which provides input for the payment of not less than the prevailing wage rates including fringe benefits, the posting of wage rates on the job site, the furnishing of payroll certificates and other requirements. In addition, the Bidder will comply with ORS and ORS in the hours of employment and the payment of overtime. 3) The Bidder is in compliance with State of Oregon tax laws in accordance with ORS ) The Bidder, in accordance with ORS 279A.105, does not discriminate against minorities, women, or emerging small business enterprises in obtaining subcontractors. 5) The Bidder is a [Non-resident] [Resident] (check correct designation) as defined under ORS 279A.120. Resident Bidder means a bidder that has paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months preceding submission of the bid and has a business address in the State of Oregon. 6) As per the requirements of Oregon law for public contracts Prevailing Wage Rates; under ORS 279C.365(g), each bid shall contain a statement by the BIDDER that the provisions of ORS 279C.840 are complied with. ( ) Yes ( ) No Bidder Signature: Date: Title:

29 PORT OF MORROW GENERAL CONDITIONS 1. Definitions 2. Additional Instructions and Detail Drawings 3. Schedules, Reports and Records 4. Drawings and Specifications 5. Shop Drawings 6. Materials, Services and Facilities 7. Inspection and Testing 8. Substitutions 9. Patents 10. Surveys, Permits and Regulations 11. Protection of Work, Property, Persons 12. Supervision by Contractor 13. Changes in the Work 14. Changes in the Contract Price 15. Time for Completion and Liquidated Damages 16. Correction of Work 17. Subsurface Conditions 18. Suspension of work, termination and delay 19. Payments to Contractors 20. Acceptance of Final Payment as Release 21. Insurance 22. Contract Security 23. Assignments 24. Indemnification 25. Separate Contract 26. Subcontracting 27. Engineers Authority 28. Land and Rights of Way 29. Guaranty 30. Arbitration 31. Taxes 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which shall be applicable to both the singular named as such in the CONTRACT DOCUMENTS and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections. 1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. 1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK. 1.5 BONDS - Bid, performance and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the authority, corporation, association, partnership or individual for whom the WORK is to be performed. 1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS or authorizing an adjustment in the contract price or contract time. 1.7 CONTRACT DOCUMENTS -The contract, including Advertisement for Bids, Information for Bidders, BID, Bid Bond, Agreement, Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA. 1.8 CONTRACT PRICE -The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. 1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the Agreement DRAWINGS - The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER ENGINEER - The person, firm or corporation indicated FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of the commencement of WORK OWNER - A public body PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS RESIDENT PROJECT REPRESENTATIVE --The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the work at the site SUBSTANTIAL COMPLETION - That date as certified by the engineer when the construction of the project or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended SUPPLEMENTAL GENERAL CONDITIONS- Modifications to General Conditions required by a Federal Agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS or such requirements that may be imposed by applicable state laws SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site.