1-1 Invitation to Bid for Balfour Park Improvements.pdf

City of Milwaukie – 1 ITB for Balfour Park Improvements

INVITATION TO BID

FOR

BALFOUR PARK IMPROVEMENTS

Bids Due: June 23, 2026, 2:00 p.m. PDT

SECTION 1: ANNOUNCEMENT

City of Milwaukie (City) is seeking bids from qualified and experienced contractors for masonry and bollard improvements at Balfour Park. The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the project work described in the specifications including but not limited to:

• Add bollards and chain to basalt columns (base bid)

• Add bench materials on top of basalt benches (bid alternate, if added)

• Add basalt rock steps next to basalt columns (bid alternate, if added)

• All work must be completed by November 30, 2026.

City’s engineer estimate for this project ranges from $22,726 to $24,999.

City utilizes Euna Procurement Bonfire for its electronic procurement system (Procurement Portal). To access the solicitation documents, be added to the distribution list for this solicitation’s automatic notices, and to submit proposals electronically, please visit https://milwaukieoregon.bonfirehub.com/.

To assist with registration, submission of responses, or for technical support, access Bonfire’s online knowledge base or contact the Bonfire support team at support@gobonfire.com.

This project may be subject to the state prevailing wage rates under ORS 279C.800 to 279C.870. Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120. In accordance with ORS 279C.365, the City will not consider a bid unless it contains a statement by the bidder that they will comply with ORS 279C.838 through ORS 279C.870.

A mandatory pre-bid meeting will be held at 9:00 a.m. PDT on Thursday, June 4, 2026, at Balfour Park, 3039 SE Balfour Street, Milwaukie, Oregon 97222.

Bids must be submitted electronically through the Procurement Portal. Bids will be received until 2:00 p.m. PDT on June 23, 2026, for the purpose of selecting a bidder who evidences the lowest cost. Bids submitted after the deadline will not be accepted. There will be no public opening of bids.

https://milwaukieoregon.bonfirehub.com/portal/?tab=openOpportunities https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration mailto:support@gobonfire.com

City of Milwaukie – 2

SECTION 2: GENERAL INFORMATION

2.1 Invitation; Questions/Clarifications of Solicitation Documents City is inviting a limited number of contractors to respond to this intermediate (or informal) solicitation.

Invited contractors will be required to log in to access the solicitation documents, ask questions, and submit a bid.

Invitation to Bid (ITB) documents may be obtained at no cost from the Procurement Portal at https://milwaukieoregon.bonfirehub.com/. All questions and clarifications for this ITB must be addressed through the Procurement Portal by clicking on Messages and then the Public Q&A tab within the desired solicitation.

2.2 Schedule of Events

City anticipates the following general timeline for receiving and evaluating the bids. This schedule is subject to change if it is in the City’s best interest to do so.

• ITB advertised Monday, May 18, 2026

• Mandatory pre-bid meeting Thursday, June 4, 2026, 9:00 a.m. PDT

• Deadline for changes/clarifications/questions Thursday, June 11, 2026, 2:00 p.m. PDT

• Deadline to issue addenda Tuesday, June 16, 2026, 2:00 p.m. PDT

• Bids due Tuesday, June 23, 2026, 2:00 p.m. PDT

• Posting of notice of intent to award Wednesday, June 24, 2026

2.3 Changes to Solicitation by Addenda

City reserves the right to make changes to this ITB by written addenda. Addenda will be sent to all prospective bidders invited to the solicitation, as well as be posted in the Procurement Portal. Bidders shall consult the Procurement Portal regularly until the submission deadline to ensure no addendum announcements have been missed. By submitting a bid, the bidder agrees that it accepts all risks and waives all claims related to its failure to obtain addendum information.

All addenda will have the same binding effect as though contained in the main body of this ITB. Written or oral instructions or information concerning the scope of work given by any method other than directly through the Procurement Portal will not bind the City.

No addenda will be issued later than the date set in Subsection 2.2, except an addendum, if necessary, postponing the due date or cancelling the ITB. Receipt of each addendum must be acknowledged in writing on the Standard Bid Form as part of the submission.

2.4 Cancellation; Rejection of Bids

City reserves the right to cancel the contract award at any time before execution of the contract by both parties if cancellation is deemed to be in the City’s best interest. In no event will the City have any liability for the cancellation of contract award.

City reserves the right to reject any or all bids received as a result of this ITB that are not in compliance with all prescribed public procurement procedures and requirements, and may reject for good cause any or all bids upon findings that it is in the public interest to do so.

2.5 Requests for Clarification, Additional Research, and Revisions City reserves the right to obtain clarification of any point or to obtain additional information necessary to properly evaluate a particular bid. Failure of a bidder to respond to such a request for additional information or clarification may result in a finding that the bidder is non-responsive and consequent rejection of the bid.

https://milwaukieoregon.bonfirehub.com/portal/?tab=openOpportunities

City of Milwaukie – 3

City may obtain information from any legal source for clarification of any bid or for information of any bidder. City need not inform the bidder of any intent to perform additional research in this respect or of any information received.

City may perform, at its sole option, investigations of the responsible bidder. Information may include, but will not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public records and may be disclosed accordingly.

2.6 Modification or Withdrawal of Bid

Bids submitted early may be modified or withdrawn prior to the submission deadline by retrieving it through the Procurement Portal. Modified or withdrawn bids may be resubmitted up to the submission deadline, provided that they are fully in conformance with the ITB requirements. Any bid withdrawn and resubmitted will supersede the original bid submitted.

A bid may not be modified, withdrawn, or canceled by the bidder for 30 calendar days following the submission deadline.

2.7 Bid Ownership

All bids submitted become and remain the property of the City and are considered public information subject to public disclosure within the context of the federal Freedom of Information Act and Oregon Revised Statutes (ORS) 192.345 and 192.355.

Unless certain pages or specific information are specifically marked “proprietary” and qualify within the context of the regulations stated in the preceding paragraph, the City will make available to any person requesting information through the process for disclosure of public records, any and all information submitted as a result of this ITB without obtaining permission from any bidder only after the contract has been executed. Bidder shall not mark the entire bid document “confidential.”

2.8 Affirmative Action/Nondiscrimination

By submitting a bid, bidder agrees to comply with the Fair Labor Standard Act, Civil Rights Act of 1964, Executive order 11246, Fair Employment Practices, Equal Employment Opportunity Act, Americans with Disabilities Act, and Oregon Revised Statutes. Additionally, the bidder specifically certifies, under penalty of perjury, that the bidder has not discriminated against minority-owned, women-owned, veteran-owned businesses or emerging small business enterprises in obtaining any required subcontracts.

SECTION 3: INSTRUCTIONS TO BIDDERS

3.1 Contracting Law

Bidder is presumed to be familiar with all federal, state, and local laws, ordinances and regulations, orders and decrees which affect those engaged or employed in the work, materials, or equipment used in the requested work or which may affect the conduct of the work. If bidder discovers any provision in the solicitation or contract documents which is contrary to or inconsistent with any law, ordinance, or regulation, they shall immediately report it to the City in writing.

Contractor, subcontractors, suppliers of materials or services, and others engaged by the contractor, shall also comply with and observe all such laws, ordinances, regulations, orders, and decrees.

Specifications and additional information related to this project are provided in these ITB documents.

3.2 Pre-Bid Meeting

A mandatory pre-bid meeting will be held at 9:00 a.m. PDT on Thursday, June 4, 2026, at Balfour Park, 3039 SE Balfour Street, Milwaukie, Oregon 97222. Bidders who do not attend the mandatory pre-bid meeting will not be considered.

City of Milwaukie – 4

3.3 Contract Documents

Plans, general conditions for construction, supplementary conditions, specifications, and any additional information related to this project are provided in these ITB documents.

3.4 Project Site Examination

Before submitting a bid, bidders will make a careful visual examination of the project site(s) of the proposed work and specifications. Bidders must also contact utility providers to verify all utility providers' anticipated involvement on the project site. Bidders shall also review any subsurface investigation material that may be available and conduct additional investigation of any unusual condition apparent during the visual site examination.

Bidder must notify City, in writing, of any such unusual condition and the additional investigation undertaken by bidder. Submission of a bid will constitute confirmation that the bidder has examined the project site(s) and finds the specifications to be sufficiently detailed and accurate to enable bidder to properly perform the work, and understands the conditions to be encountered in performing the work and all requirements of the contract.

Bidder is responsible for loss or unanticipated costs suffered by the bidder because of the bidder's failure to fully examine the site(s) and become fully informed about all conditions of the work, or failure to request clarification of plans and specifications bidder believes to be erroneous or incomplete.

The specifications and other related documents do not purport to control the method of the work, but only the requirements as to the nature of the completed work. The awarded bidder assumes the entire responsibility for the method of performing and installing the work. Suggestions as to the method of performing and installing the work included in the contract documents will be deemed advisory only and the feasibility of such methods, or the lack thereof, will not affect the contractor's liability or status as an independent contractor under the awarded contract.

3.5 Prevailing Wage Rates

The work under the awarded contract is to be paid for by public funds. The contract will be subject to the state prevailing wage rates under ORS 279C.800 to 279C.870, if the total cost of work exceeds $50,000.

Unless otherwise exempt, contractor and any subcontractors must pay workers in each trade or occupation that contractor or its subcontractors or other person who is a party to the contract uses in performing all or a part of the contract not less than the applicable minimum Oregon prevailing wage rates in accordance with ORS 279C.838 and ORS 279C.840. The applicable Oregon minimum prevailing wage rates are contained in the publication Prevailing Wage Rates For Public Works Contracts at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx), and are hereby incorporated herein for the duration of the awarded contract as of the date this ITB was first advertised.

All project work will take place in Clackamas County, Oregon.

3.6 Public Works Bond

Contractor and every subcontractor must have a public works bond in the amount of $30,000 filed with the Oregon Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).

3.7 Other Bonds and Documents Waived

A performance bond, payment bond, and bid bond are not required for this solicitation or for the awarded contract. A first-tier subcontractor disclosure form is not required for this solicitation.

3.8 Bid Submittal

Bids and any attachment must be type-written and submitted electronically through the Procurement Portal in the requested format. A person authorized to make such a commitment on behalf of the https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

City of Milwaukie – 5 bidding contractor must sign the required document(s). Bids must be submitted by the deadline. Phone, facsimile, mail delivery, email delivery, and in-person bids will not be accepted.

3.9 Bidder Requirements

Bidders must meet the following minimum requirements:

A. Be a legal entity, currently registered to do business in the State of Oregon (per ORS 60.701);

B. Be currently registered with the Oregon Construction Contractors Board (CCB) as required by ORS 701.021;

C. Bidder shall not be listed on BOLI’s list of persons/contractors having violated prevailing wage rate laws per ORS 701.227; and

D. Been in business for at least three(3) years.

3.10 Bid Requirements

The following items are a minimum content requirement of a bid submitted in response to this ITB:

A. Bid Schedule The Bid Schedule is provided to prospective bidders as an Excel document for this ITB. The Bid Schedule is available on the solicitation page in the Procurement Portal. Bidders are required to download the Bid Schedule and submit the completed schedule as part of their bid submission by the submission deadline. The Bid Schedule includes a base bid and two (2) bid alternates that may be added at the sole discretion of the City.

B. Standard Bid Form Complete and sign the form to certify representation that the submitted bid is accurate and true.

This required form is uploaded separately in the Procurement Portal. This form also indicates whether or not the bidding contractor is certified with the State of Oregon’s Certification Office for Business Inclusion and Diversity (for reference purposes only).

SECTION 4: BID SELECTION

4.1 Ranking of Bids

City will verify minimum compliance with the requirements of this ITB following bid closing and determine compliance for the apparent lowest responsive bidder. Bids will be ranked based on the lowest proposed cost with the lowest bid being that bidder which is deemed to be the intended contractor, and the second lowest bid being the second bidder most appropriate. The lowest proposed cost will be calculated by multiplying the estimated quantities by the unit prices submitted by the bidder, and adjusting for the total of any additive alternates selected by the City, for the purpose of comparing bids.

4.2 City’s Rights Reserved

City reserves the right to:

A. Select one or more bidders for award;

B. Waive any or all irregularities or minor informalities in a submitted bid;

C. Award any or all parts of any bid; and

D. Request references and other data to determine responsiveness.

City of Milwaukie – 6

4.3 Intent of Award

City intends to negotiate a contract with the lowest bidder. The notice of intent to award (including a tabulation of bid results) will be published on the Procurement Portal for all interested parties to view.

SECTION 5: CONTRACT REQUIREMENTS

Lowest responsive and responsible bidder will be asked to sign a public improvement contract with the City. A City of Milwaukie (or Oregon Metro) business license and a federal tax identification number will be required. Also, the following levels of insurance will be included in the contract terms:

Commercial General Liability Insurance Each Occurrence $1,000,000 Personal & Advertising Injury 1,000,000 Limited Job Site Pollution Occurrence Sub-Limit 1,000,000 Products-Completed Operations Aggregate 2,000,000 General Aggregate 2,000,000 Damage to Rented Premises (each occurrence) 500,000 Medical Expense (any one person) 5,000

Commercial Automobile Insurance Each Accident 1,000,000

Workers’ Compensation Insurance Each Accident 1,000,000

City reserves the right to negotiate final contract terms as the City determines it to be in its best interest.

City will begin negotiations once the City has determined the lowest bidder and the notice of intent to award has been issued. If the City cannot come to terms with the lowest bidder, the City will formally terminate negotiations and enter into negotiations with the second lowest bidder. This process will continue until the City reaches a contract which the City deems appropriate for the work or determines a new competitive solicitation is necessary.

Award of a contract is accomplished by executing a written contract that incorporates elements of the solicitation, bid, clarifications, addenda and additions. All such materials constitute the complete contract documents.

Until the City sends the awarded contractor written notice to proceed with the work, and the contractor has filed the public works bonds required in ORS 279C.830(2), the contractor must not go onto the project site on which the work is to be done, nor move materials, equipment, or workers onto that project site. A written notice to proceed will be issued by the City following execution of the contract. City will issue a first notification recording the date the performance of the contract has begun.