Dorris Ranch Nature Play project manual.pdf

Dorris Ranch

Nature Playground

PROJECT MANUAL

May 6, 2026

WILLAMALANE PARK AND RECREATION DISTRICT

250 South 32nd Street

Springfield, Oregon 97478

DORRIS RANCH NATURE PLAYGROUND

PROCUREMENT INFORMATION

SUMMARY PAGE

PROJECT TITLE

Dorris Ranch Nature Playground

PROJECT LOCATION

205 Dorris Street Springfield, OR 97477

OWNER

Willamalane Park and Recreation District 250 South 32nd Street Springfield, OR 97478 P: (541) 735-0515 Contact: Simon Daws, Landscape Architect Email: simond@willamalane.org

ONLINE INFORMATION

http://willamalane.org/projects/rfp

TABLE OF CONTENTS

BIDDING & CONTRACTING REQUIREMENTS

Section 001000 Special requirements Section 001113 Invitation to Bid Section 001300 Instructions to bidders Section 001500 Access indemnity release Section 002600 Protest procedures Section 004113 Bid Form Section 004113 Bidder checklist Section 004313 Bid Bond Section 004336 List of proposed subcontractors Section 004336 List of other proposed subcontractors Section 004513 Bidders certifications Section 004554 Affidavit of non-collusion Section 005200 Contract Section 005439 Affidavit Section 006113.13 Performance Bond Section 006113.16 Payment Bond Section 006123 Form of retainage surety bond Section 006536 Warranty Form Section 007100 General conditions

SPECIFICATIONS

Section 011000 Summary Section 012000 Price and Payment Procedures Section 012200 Unit Prices Section 012300 Alternates Section 013000 Administrative Requirements Section 014000 Quality Requirements Section 015000 Temporary Facilities and Controls Section 015639 Temporary Tree and Plant Protection Section 016000 Product Requirements Section 017000 Execution and Closeout Requirements Section 017800 Closeout Submittals

Section 116800 Play Equipment and Natural Landscape Components Section 321313 Concrete Paving Section 321816 Playground Protective Surfacing Section 329100 Landscape Preparation

APPENDIX

A – 2018 Geotechnical investigation report

LIST of DRAWINGS

COVER SHEET

L1.0 EXISTING CONDITIONS AND DEMOLITION PLAN

L2.0 MATERIALS PLAN

L3.0 GRADING PLAN

L4.0 DETAILS

L4.1 DETAILS

L4.2 DETAILS

L4.3 DETAILS

DORRIS RANCH NATURE PLAYGROUND SECTION 00 10 00

SPECIAL REQUIREMENTS

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Special Requirements

PART 1 GENERAL

Organization Specifications are written and organized in accordance with Construction Specifications Institute (CSI) format.

The Specifications are abbreviated or “streamline” type and frequently include incomplete sentences. The omission of words or phrases such as, but not limited to, “the Contractor shall,” “in conformity with,” “shall,” “shall be,” “as noted,” “according to the plans,” “a,” “an,” “the,” and “all,” are intentional omitted words or phrases and shall be supplied by inference, in the same manner as they are in notes on Drawings. Titles and headings are a part of the Specification the same as the text of the article or paragraph.

Organization of the Specifications into divisions and sections is for convenience only and is not intended to establish limits of work. Divisions not applicable are noted as “Not Used.”

Definitions Provide: “Furnish and install,” or “furnish labor and materials required for installation, ready for use and under the terms of the Contract Documents.”

As shown, as indicated, as detailed, as noted, or words of similar import: Refer to Contract Documents.

Selected: As selected by the Project Manager and Engineer or Landscape Architect.

Approved: Equal quality and performance to that specified and “approved by the Engineer or Landscape Architect.”

For Approval or Review: For the Owner’s, Landscape Architect’s or Engineer’s approval or review.

Coordination It is the responsibility of the Contractor to determine the extent and division of work between Contractor and Subcontractor.

Drawings showing location of equipment, piping, sleeves, electrical conduit, boxes, panels, etc. are diagrammatic and job conditions may produce conflicts. Contractor and subcontractors coordinate work to minimize conflict. Advise Project Manager of

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conflicts before proceeding with any related work so that correction can be made in joint conference.

Laws and regulations The Contractors attention is directed to the fact that all applicable state laws, municipal ordinances, safety requirements, 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 written out in full.

Working Area Staging: Contractor shall confine all construction operations including storage of material and equipment to within the limits of construction. Use of the Owner’s property outside staging area will not be permitted except under unusual circumstances for limited periods of time as approved by Owner or Owner’s Representative. Coordinate with work of subcontractors.

Maintain clear access to project at all times for firefighting equipment, delivery of materials, etc. Maintain exit ways from existing buildings required by authorities having jurisdiction.

Construction area Clean-up: General Contractor will provide a full-time cleanup person to remove and dispose of debris. Subcontractors shall not include cost of general cleanup and trash removal in their bid.

Use of Public Property Contractor shall make all arrangements with Willamalane and other agencies for use of public property for construction purposes. Pay all fees required.

Adjacent Streets Contractor shall be responsible for the necessary cleaning and repairing of adjacent streets resulting from Contractor’s operations.

Work by Others Manufacturers’/Suppliers’ Drawings, Specifications and Shop Drawings containing the words “by others” or any statement of necessary work not included by the manufacturer/supplier shall be included by the Contractor within this or other sections of this Specification.

Excessive Noise The proximity of residential and operation of existing adjacent facilities requires noise level to be held to a minimum.

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All equipment shall have muffling devices in good working order at all times.

Equipment not so equipped will be removed from site.

Coordination Cooperate with Owner in locating high noise producing equipment in areas least offensive and/or provide sound enclosure or shielding to dampen sound.

Cooperate with Owner in discontinuance of certain operations during critical periods.

Keep Owner advised in advance of operations which will cause excessive noise or vibration.

Radios, tape players and other such audio devices shall not be played within occupied portions of buildings or parks or where they can be heard by building occupants or park users.

Testing and Inspection Comply with testing requirements as specified and required by authority having jurisdiction.

Notify Project Manager and Owner’s Representative at least 24 hours prior to commencement of Work requiring special inspection.

Cost of sampling and testing to be paid by Contractor to extent noted in each Division of Specifications and required by IBC. Results of tests will be binding on the Contractor. Retesting for unsatisfactory work to be paid by the Contractor.

Reference Standards For products specified by association or trade standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

The date of the standard is that in effect as of Bid date or date of Owner-Contractor Agreement when there are not bids, except when a specific date is specified.

Obtain copies of standards when required by Contract Documents.

Use of Existing Restrooms and WPRD-Owned Parking Facilities Construction personnel will be allowed the use of the existing WPRD-owned parking facilities – confirm locations on site with owner. Public restrooms will not be available.

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Contractor Daily Log Contractor shall record and maintain a written daily log of all construction activity throughout the entire course of the project and shall have logs available for Owner/Engineer/Landscape Architect review at all times.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

END OF SECTION

DORRIS RANCH NATURE PLAYGROUND SECTION 00 11 13

INVITATION TO BID

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INVITATION TO BID

Sealed Bids for the construction of the Dorris Ranch Nature Playground are invited and will be received by the Willamalane Park and Recreation District (“WPRD”) at the WPRD office located at 250 S. 32nd Street, Springfield, OR 97478 on or before 2:00PM local time, on May 27th, 2026.

Each Bid must be submitted on the prescribed form and accompanied by a Surety Bond, Cashiers Check, or Certified Check, executed in favor of Willamalane Park and Recreation District, in the amount not less than ten percent (10%) of the total bid, based upon the total bid amount for those items bid upon. Bidders are required to mail by USPS the original Surety Bonds, Cashier’s Check or Certified Check, postmarked within 3 hours after Bid Due Date of May 27th, 2026 at 2:00 p.m. Mail to Simon Daws, Project Manager, Willamalane Park & Recreation District, 250 S.

32nd Street, Springfield, OR 97478. All sealed Bids will be time-stamped upon arrival at the WPRD front desk. Each Bidder shall submit its Bid on the WPRD Bid form and shall provide a disclosure of any first-tier subcontractors within two (2) working hours after the Bid closing time. The Bids will be opened at immediately local time on May 27th, 2026.

Sealed envelopes or packages containing Bids must be marked on the outside with the Bidder’s Name and the statement, “Bid for Dorris Ranch Nature Playground, Willamalane Park and Recreation District.” Any Bids sent by mail must include the Bidder’s name and be forwarded certified mail, return receipt requested, addressed to Willamalane Park and Recreation District, in care of Simon Daws, Project Manager, Willamalane Park & Recreation District, 250 S. 32nd Street, Springfield, OR 97478, and likewise must be clearly marked “Bid for Dorris Ranch Nature Playground, Willamalane Park and Recreation District.” Mailed bids must be received in the WPRD office by the due date and time.

Scope of Work:

This project generally consists of construction of a children’s nature playground, including construction of new play areas, concrete paving, compacted gravel path, paved ADA parking space and associated work.

BOLI prevailing wage rates per ORS 279C apply to this project. Contractor to follow requirements of BOLI with regard to providing owner with certified payroll.

Drawings and Specifications may be examined in the office of the Owner (WPRD).

Questions about the contents of the Contract Documents must be directed to the Owner’s Project Manager, Simon Daws, simond@willamalane.org, 541-735-0515.

Where deemed necessary by the Owner, all responses to the questions will be in mailto:simond@willamalane.org

Version date: April 2024 - 2 written form in an addendum to the Contract Documents and issued to all listed document holders.

Copies of the Contract Documents may be obtained by electronic download at https://www.willamalane.org/projects/rfp. To enable WPRD to alert potential bidders to addenda to the bid documents, all parties downloading documents should contact the project manager by email as shown above.

Schedule of Events:

Invitation to Bid Issue Date May 6th, 2026 Pre-Bid meeting May 14th, 2026 at 2.30pm.

Bid Closing May 27th, 2026 at 2:00 p.m.

Bid Opening May 27th, 2026 at 2:05 p.m.

Notice of Intent to Award Contract May 29th, 2026 Selection Protest Deadline June 5th, 2026, by 5pm WPRD Board of Directors Approval June 10th, 2026 Contract Award June 11th, 2026 Mobilization July 20th, 2026 Substantial Completion October 9th, 2026 Final Completion October 23rd, 2026

Bid Requirements:

Each Bid must be submitted on the Bid forms included in the Bid Documents. The Bid package requires the following forms in order to be considered complete:

• Form 00 41 13 – Bid Forms. Each Bid must be submitted on the bid form included in the Bid Documents. Failure to submit these forms may result in the rejection of your Bid.

• Form 00 43 13 – Bid Bond. Each Bid must also be accompanied by a Bid Bond using the form provided, or a certified or cashier’s check payable to the order of the Owner in an amount equal to ten percent (10 percent) of the amount of the Bid as a guarantee that the Bidder, if offered the Contract, will execute the Contract and properly furnish bonds, insurance and evidence of qualifications in conformity herewith. Failure to do so will cause a forfeiture of the Bid guarantee.

• Form 00 43 36 – Proposed Subcontractors.

o Disclosure Form A.

o Other Proposed Subcontractors Form B.

Both lists may be supplied with the Bid, but in any case, must be submitted within 2 working hours after the deadline for receiving Bids.

https://www.willamalane.org/projects/rfp

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• Form 00 45 13 – Certificate of Compliance with ORS 279C. Each Bid must be submitted with the Certification of Bidders. Failure to submit these forms may result in the rejection of your Bid. The attention of Bidders is directed to the requirements and conditions of employment to be observed and minimum prevailing wage rates to be paid under the Contract in accordance with the Oregon Bureau of Labor and Industries (BOLI). Bid is to contain, or be accompanied by, a statement by Bidder that Bidder accepts prevailing wage rate provisions required by ORS 279C.840 or 40 USC 276a.

• Form 00 45 54 – Non collusion Affidavit. Each bid must be submitted with the non collusion affidavit. Failure to submit these forms may result in the rejection of your Bid.

THE FOLLOWING FORMS ARE TO BE EXECUTED AND SUBMITTED BY THE

SUCCESSFUL BIDDER WITHIN 10 CALENDAR DAYS AFTER THE CONTRACT

IS AWARDED:

• Form 00 52 00 – Contract.

• Form 00 61 13.13 – Performance Bond.

• Form 00 61 16.16 – Payment Bond.

• Form 00 54 39 – Affidavit of Surety.

• Form 00 65 36 – Warranty.

Failure to submit the forms listed above may result in the rejection of your Bid.

Substitution of other versions of the forms listed above will also likely result in the rejection of your Bid.

Please read the requirements for the Insurance Certificates as contained in the General Conditions of the Bid Documents (Section 00 71 00).

Bids received after the time established for receiving Bids will not be considered. Bids may be withdrawn or modified at any time prior to the Bid closing time, provided that any modified Bid is received again by the time established for receiving Bids.

Prequalification of Bidders are not allowed under the Contract. For the Bid to be awarded to any given Bidder, such Bidder must be qualified in accordance with the applicable parts of Oregon Public Contracting Code. Within five (5) calendar days following opening of Bids, the three (3) apparent low Bidders shall provide the Owner with the information required by ORS 279C.375(3)(b)(A-K).

Unless specifically waived by written notice to the Bidder, Bidder shall provide this information within the above specified time limit. If the apparent low Bidder is not responsive and responsible, the Owner reserves the right to award the Contract to the next lowest Bidder who is responsive and responsible. The Owner reserves the right to reject for good cause all Bids if it is determined to be in the public interest.

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The Owner reserves the right to accept or reject any or all Bids in whole or in part, to waive irregularities not affecting substantial rights, and to postpone the award of the Contract for a period of time not to extend beyond 90 days from the Bid opening date.

By submitting its Bid, Bidder agrees that its prices quoted remain firm for a period of 90 days from date of bid opening.

Use of Recycled Products:

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the Contract Work set forth in these documents. Refer to Instructions to Bidders for additional information.

Prebid Conference:

A non-mandatory pre-bid conference will be scheduled, although potential bidders are highly encouraged to attend due to the custom nature of the project.

Representatives of Owner and Design Consultant will be present to discuss the Project. Owner will transmit to all prospective Bidders of record such Addenda as Design Consultant considers necessary to respond to questions arising at the conference. Oral statements by representatives of Owner may not be relied upon and will not be binding or legally effective unless repeated in a written Addendum.

The pre-bid conference will be held on-site at Dorris Ranch, 205 Dorris Street, Springfield, OR 97477 (at north gravel parking lot – turn right from main emtrance) on May 14th, 2026, beginning at 2.30pm local time. Attendees will have a chance to view existing site conditions for the Project.

The Owner will transmit to all recipients complete sets of Contract Documents such Addenda as Owner considers necessary in response to questions raised at the meeting and walk-through. Oral statements not confirmed by Addenda may not be relied upon and are not binding or legally effective.

Dated this 6th day of May, 2026.

Willamalane Park and Recreation District

Simon Daws, Project Manager

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INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

1. INSPECTION OF JOB SITE

The location and time of the optional Prebid Conference is listed in Section 00 11 13, Invitation to Bid. In response to questions arising at the prebid conference, the Project Manager will transmit to prospective Bidders of record such Addenda as the Project Manager considers necessary. Oral statements may not be relied upon and will not be binding or legally effective.

Prior to submitting a Bid, it will be the sole responsibility of each Bidder to conduct any additional examination, investigation, exploration, test, study or other inquiry and to obtain any additional information pertaining to the physical conditions (including surface, subsurface, and underground utilities) at or near the Project site that may affect the cost, progress, or performance of the Project, and that the Bidder deems are necessary to prepare its Bid for performance of the Project in accordance with the Bid package and Contract Documents. Bidders seeking any such additional examination or other inquiries or information concerning the Project will do so at the Bidder's sole expense.

Bidders seeking to conduct any additional examination or other inquiry at the Project site must request site access from the Owner in writing at least five (5) days in advance. The location of any excavation, boring or other invasive testing will be subject to approval by the Owner, or Owner’s representative, and any other agencies with jurisdiction over such testing. Bidders must comply with all applicable laws and regulations relative to excavation and utility locations. Bidders may not conduct tests at the Project site prior to obtaining Owner approval. Bidders shall also contact Utility owners to verify all Utilities’ current locations and anticipated involvement on the project site.

Additionally, any such Bidder must deliver an executed ACCESS, INDEMNITY AND RELEASE AGREEMENT, as found in Section 00 15 00, Access Indemnity and Release Agreement, and provide an insurance certificate as described therein by noon of the Day prior to Bidder’s approved site visit. Once approved testing is complete, Bidders must fill all trenches or holes, restore all pavement to match existing structural section, and otherwise clean up and restore the test site to its pre-test condition.

Bidders who intend only to observe site conditions and not conduct such examinations are not required to provide an executed Indemnity and Release Agreement or insurance information.

If, during the course of its site inspection, a Bidder finds conditions that appear to be in conflict with the letter or spirit of the Contract Documents, the Bidder shall apply to

Version date: APRIL 2024 00 13 00 - 2 the Owner, in writing, for additional information and explanation at least seven

(7) calendar days before the time specified for opening the Bids.

The site is identified in the Bid Documents. Unless otherwise provided in the Bid Documents, Owner has or will obtain sufficient rights in the real property comprising the Project site to permit the construction of permanent improvements or permanent changes in existing improvements on the site. With the exception of areas on the site designated in the Bid Documents, all additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

Submission of a Bid by the Bidder shall constitute acknowledgment that, if awarded the Contract, the Bidder has relied and is relying on its own examination of (a) the job site, (b) access to the job site, and (c) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the job site. The bidder shall satisfy himself/herself/itself as to the conditions affecting the Work, including but not limited to those bearing upon: transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, and access to the site, uncertainties of weather, river stages, or similar physical conditions at the site, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Owner and its employees will not be responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder’s failure to become fully informed about the conditions of the Work, or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.

The information provided by the Owner is not intended to be a substitute for, nor shall it be deemed a supplement to the independent verification by the Bidder to the extent such independent investigation of job site conditions is deemed necessary or desirable by the Bidder.

2. EXAMINATION OF CONTRACT DOCUMENTS, AND

OTHER RELATED DATA

2.1 GENERAL.

Each bidder shall thoroughly examine and become familiar with the Contract Documents including any Addenda and the other related items identified in the Contract Documents. Submission of a Bid constitutes acknowledgment upon which the Owner may rely that the Bidder has thoroughly examined and is familiar with the Contract Documents. Failure or neglect of a Bidder to examine any of the Contract Documents in no way relieves the Bidder from any obligation with respect to its Bid or to the Contract. No claim will be allowed for

Version date: APRIL 2024 00 13 00 - 3 additional compensation based upon a lack of knowledge of the Contract Documents.

2.2 COPIES OF BID DOCUMENTS

Complete sets of the Bid Documents may be obtained from the Owner electronically as outlined in the Invitation to Bid.

Complete sets of Bid Documents shall be used in the preparation of Bids.

Neither Owner nor Design Consultant assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

2.3 SUBSURFACE AND PHYSICAL CONDITIONS

Information Available to Bidders, includes:

a) Geotechnical report from 2018 for a different project at Dorris Ranch. This was for construction of a restroom, but subsurface testing was conducted in the vicinity of the nature play area.

Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data.

2.4 UNDERGROUND FACILITIES

Information and data shown or indicated in the Bid Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Design Consultant by owners of such Underground Facilities, including Owner, or others.

2.5 HAZARDOUS ENVIRONMENTAL CONDITIONS

The following reports related to Hazardous Environmental Conditions are known to Owner or Design Consultant:

None.

3. INTERPRETATION OF CONTRACT

Bidders, prospective subcontractors, manufacturers, and suppliers may request interpretation of the Contract at least seven (7) calendar days prior to Bid opening.

Requests shall be directed in writing to:

Willamalane Park and Recreation District

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Attention: Simon Daws, WPRD Project Manager 250 S. 32nd Street Springfield, Oregon 97478 Telephone: 541-735-0515 E-mail: simond@willamalane.org

All questions must be submitted via electronic telecommunication (e-mail) and must be submitted in the time set forth herein. For e-mail to be effective, it must have a date and time receipt acknowledgment from the Owner and must be clearly identified with the following title in the Subject line:

“WPRD Dorris Ranch Nature Playground - Bidder Questions.”

It is the Bidder's sole responsibility to ensure that the e-mail question is received by the Owner in a timely manner. Upon receipt of an e-mail question, the Owner shall provide acknowledgement of receipt within two (2) business days. If the Bidder does not receive an acknowledgement of receipt of an e-mail question from the Owner within the above referenced timeframe, Bidder shall assume the e-mail transmission was not received by the Owner, and Bidder is responsible for resubmitting the same in a timely manner, and if necessary by an alternate allowable method of transmission allowing for confirmation of receipt (e.g., facsimile).

Requests to clarify the source of materials, equipment suppliers, or any other such matter, which does not modify, change, increase or decrease the scope of the work, require no action by the Owner other than a response to the Bidder requesting the clarification. Oral and other interpretations or clarifications will be without legal effect.

Clarifications which modify, change, increase, or decrease the scope of work, require issuance of an Addendum by the Owner for the interpretation to become effective.

Such addenda will be mailed, e-mailed, or faxed to all known holders of the Contract Documents. Only questions answered by Addenda will be binding. Questions received less than seven (7) calendar days prior to the date for opening of Bids may not be answered.

4. TYPE OF BID

4.1 LUMP SUM BID

Bidders shall submit a Bid on a lump sum basis, except for items specified to be provided under another bid type on the Bid Form (see paragraphs regarding Lump Sum Cash Allowance Items and Unit Price Proposal below), for the base Bid Everything required to complete the Work under the Contract shall be considered to be included in the lump sum bid except where Work, materials

Version date: APRIL 2024 00 13 00 - 5 or equipment is explicitly mentioned to be provided/installed by the Owner. Bids will be accepted only for the entire Work. Separate award for portions of the Work will not be made.

4.2 LUMP SUM CASH ALLOWANCE ITEMS

When specific lump sum allowance items have been entered on the Bid form by the Owner, the total amount to be paid to the Contractor for work covered under the lump sum allowance items shall be determined in accordance with the Time and Material Procedures of Section 00 71 00, General Conditions, Part 7, Section C.6.

5. BID DOCUMENTS

5.1 BID FORMS

Bidders shall make Bids on the blank Bid Forms prepared by the Owner and provided with the Bid Documents. Bids must give the prices bid, both in writing and in numerical figures, must give all other information requested herein, and must be signed by the Bidder or its authorized representative, with their address.

The Bid must include everything necessary for the completion of construction and fulfillment of the Contract, including but not limited to, furnishing all materials, equipment, tools, plant and other facilities, and all management, superintendence, labor and services. The Bid must include allowance for all federal, state, and local taxes.

In the event the Bidder’s Bid contains a difference between a Bid quoted in words and a Bid quoted in numerical figures for the same quotation, the words govern and constitute the amount Bid. While price extensions are required as a matter of convenience for unit price Bids, in the event of error in extensions, the unit price Bid governs. If the sum of two (2) or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts govern and the correct total is deemed to be the amount Bid.

A. Bid Irregularities: The Bidder shall enclose the completed Bid Documents and all information requested in a sealed envelope as specified in the Invitation to Bid. Bidders are warned against making erasures or alterations of any kind, and Bids that contain omissions, erasures, or irregularities of any kind may be rejected. No oral or telephonic bids or modifications will be considered.

B. Modification of Bid: Modification of a Bid already received will be considered only if the modification is received prior to the time

Version date: APRIL 2024 00 13 00 - 6 established for receiving Bids. The telegraphic or written communication should not reveal the Bid price, it should, however, state 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.

C. Withdrawal of Bids: Bids may be withdrawn by an appropriate document duly executed (in the same manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

D. Covenant Against Contingent Fees: The Contractor certifies that no person or selling agency has been employed or retained to solicit or secure the Contract upon agreement or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of the Contract with liability or, at its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

5.2 BIDDER'S SIGNATURE AND AUTHORITY

If the Bid is made by an individual, the individual’s name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership and the signature of at least one of the general partners and a list of all partners must be shown; if made by a corporation, the Bid must show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation.

If the Bid is made by a joint venture, the bid must be signed by a representative of each of the joint venture firms. If the Bid is made by a limited liability company (LLC) the Bid must show the name of the state under the laws of which the LLC is organized, the name and post office address of the LLC, and the title of all the person(s) authorized to sign on behalf of the LLC.

5.3 BID GUARANTEE

The Bid must be accompanied by the enclosed Bid Bond executed by a surety company authorized to carry on business in the State of Oregon and named on the current list of approved surety companies acceptable on federal bonds as published in the Federal Register by the Audit Staff, Bureau of Accounts, U.S.

Treasury Department, for payment to the Owner in the sum of at least ten 10 percent of the total amount of the bid price, or, alternatively, by a certified cashier's check in the same amount drawn on a bank insured by the Federal

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Deposit Insurance Corporation, payable to the Owner. The Bid Bond must be provided on the form included in these Contract Documents (see Section 00 43 13, Bid Bond). The amount payable to the Owner under the Bid Bond or the certified or cashier's check will be forfeited to the Owner as liquidated damages in case of a failure or neglect of the Bidder to furnish, execute, and deliver to the Owner the required Performance and Payment Bonds, evidence of insurance and execute and deliver the Contract within 15 calendar days after final award and tender of the Contract. Award may then be made to the next lowest responsive and responsible Bidder, the Project may be readvertised, or the Work may be performed otherwise as the Owner decides in Owner’s sole discretion.

5.4 RETURN OF BID GUARANTEES

Within 15 calendar days after the final execution of the Contract, the Owner will return the Bid guarantees to all Bidders who’s Proposals are not to be further considered in awarding the Contract. Retained Bid guarantees will be held until the Contract has been executed, after which all Bid guarantees, other than those which have been forfeited, will be returned.

5.5 LIST OF SUBCONTRACTORS

Either enclosed with their Bid, or within two (2) working hours after Bid closing time, each Bidder shall submit a disclosure of any First-Tier subcontractors that will be furnishing labor or labor and materials in connection with the Project and who’s contract value is equal to or greater than (see Section 00 43 36 Proposed Subcontractors):

A. 5 percent of the total Project Bid but at least $15,000.

B. $350,000, regardless of the percentage of the total Project Bid.

The disclosure of first-tier subcontractors shall be made on the form provided and shall include:

A. The name of each subcontractor.

B. The category of Work that each subcontractor will perform.

C. The dollar value of each subcontract.

Failure to provide the required completed list of First Tier Subcontractors within two (2) working hours after Bids are due will be cause for rejection of the Bid. Bidders must also supply the list of other Subcontractors as required by Section 00 43 36, Proposed Subcontractors, either within their Bid or within two (2) working hours after Bid closing time.

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5.6 WORK PERCENTAGES

The Bid must reflect that the value of Work to be performed by Bidder under the Contract constitutes at least 25 percent of the Bid amount. Performance of the Work under the Contract means performance of Work by the Contractor’s forces and equipment, the procurement of materials and equipment by the Contractor, and field-related Work required to support and supervise the construction effort. Subcontractors shall not be responsible for the performance of any Work or procurement of materials or equipment within the above Contractor’s Work percentage allotment.

The value of the work subcontracted shall be determined by summing all of the dollar values identified for the subcontractors listed in Form A: LIST OF FIRST– TIER SUBCONTRACTORS and Form B: OTHER PROPOSED SUBCONTRACTORS. If the dollar value sum of all of the listed subcontractors on both Forms exceeds 75 percent of the Total Base Bid, the Owner may treat the Bid as nonresponsive and reject it on that basis.

5.7 QUALIFICATIONS OF BIDDERS

Each Bidder shall certify that they are skilled, experienced and regularly engaged in the general class and type of Work called for in the Contract Documents, that they are familiar with the hazards associated with such Work;

and that they can satisfactorily perform such Work. Specifically, each Bidder shall state how it meets each provision of ORS 279C.375(3)(b)(A-K). Additional sheets may be used to satisfy this requirement.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board, which has jurisdiction to investigate complaints against a contractor if a complaint is filed within three (3) years of the date of the alleged violation. Contractors shall hold the license classification required for the performance of the Work.

Prior to submission of its Bid, Bidder shall be registered with the Oregon Construction Contractors Board.

Bidder must not be listed on the Bureau of Labor and Industries list of persons having violated prevailing wage rate laws as required in ORS 701.227.

Bidder must certify it is not in violation of any tax laws in accordance with

ORS 305.385.

Bidder shall have a drug-testing program as required in ORS 279C.505(2).

If asbestos abatement is required, Contractor or appropriate subcontractor shall submit to Owner evidence of a current license from the Department of

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Environmental Quality to perform "asbestos abatement work" pursuant to OAR 340-248-0120.

5.8 ADDENDA

Each Proposal must include specific acknowledgment in the space provided of receipt of all Addenda issued and mailed by the Owner during the bidding period. Failure to so acknowledge may result in the Bid being rejected as not responsive.

5.9 NON-DISCRIMINATION CERTIFICATION

In accordance with ORS 279A.110, Bidder certifies that Bidder has not discriminated against minority, women, or emerging small business enterprises in obtaining any required subcontracts.

6. PROCUREMENT PROTEST PROCEDURES

Protest of procurement procedures based upon an alleged violation of the procurement requirements set forth in ORS Chapter 279C must conform to the Owner's Section 00 26 00, Procurement Protest Procedures, included in the Contract Documents.

7. REJECTION OF BIDS

The Owner reserves the right to reject Bids that are incomplete, obscure, or irregular; Bids that omit a bid on any one or more items for which Bids are required; Bids that omit unit prices if unit prices are required; Bids in which unit prices are unbalanced in the opinion of the Owner; Bids accompanied by insufficient or irregular Bid security; and Bids from Bidders who have previously failed to perform properly or to complete on time contracts of any nature. The Owner also, at its option, may reject Bids that are not in compliance with all prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder’s responsibility pursuant to ORS 279C.375(3)(b) and OAR 137-049-0390 and may reject all Bids for good cause upon determining it is in the public interest to do so.

8. AWARD OF CONTRACT

At least seven (7) calendar days before the award of a public improvement contract, unless the Owner determines that 7 calendar days is impractical (ORS 279A.065), the Owner shall issue to each Bidder or post, electronically or otherwise, a notice of the Owner’s intent to award the Contract. This does

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Within 90 calendar days after the opening of Bids, the Owner intends to make a final award of the Contract or reject all Bids. The final award will be evidenced by a written notice of Final Award of Contract delivered, in person or by mail, to the Bidder to whom the final award is made. No other act of the Owner constitutes final award.

9. EXECUTION OF CONTRACT

The Bidder to whom final award is made shall execute and return the Contract in the required number of copies and shall furnish a Performance Bond (Section 00 61 13.13), Payment Bond (Section 00 61 13.16), Affidavit (Section 00 54 39), and Warranty Form (Section 00 65 36) on the forms provided in the Bid Documents, and certificates of insurance satisfactory to the Owner within 10 calendar days after the Bidder receives the Notice of Final Award of Contract. Within 15 calendar days after receipt of the executed Contract from the Contractor, the Owner will execute the Contract and return it to the Contractor. Signature by both parties constitutes execution of the Contract.

10. LABOR REQUIREMENTS

10.1 WAGE DETERMINATION

A. Oregon Determinations:

1. Current prevailing wage rates for public works contracts in Oregon as required by ORS 279C and as determined by the Commissioner of the Bureau of Labor and Industries shall apply to the construction Project.

2. Prevailing wage rates are the minimum wages that must be paid to all workers employed in the construction, reconstruction, major renovation, or painting of any public works.

3. The Contractor and every subcontractor must have a Public Works bond filed with the Construction Contractors Board before starting Work on the Project, unless otherwise exempt. This bond is in addition to the Performance and Payment Bond requirements.

4. No Bid will be reviewed or considered unless the Bid contains a statement by the Bidder as part of its Bid that Bidder agrees to be bound by and will comply with the provisions of ORS 279C.840 or 40 U.S.C. 3142.

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5. CWSRF funded projects equal to or greater than $50,000 are subject to the BOLI “Prevailing Wage Rates for Public Works Project in Oregon Subject to BOTH the State PWR and Federal Davis-Bacon Act.”

B. Classification Not Listed:

1. Bidders shall notify Owner promptly, in writing, of labor classifications not listed in the prevailing wage determination but necessary for the performance of the Work.

2. When a labor classification not listed in the prevailing wage determination is necessary for the performance of the Work, Contractor may be required to pay, for the classifications not listed, the rate applicable to the classification most closely related to that which is not listed.

C. Contractor shall pay not less than the prevailing wage rate for public works contracts in Oregon as determined by the Commissioner of the Bureau of Labor and Industries and Contractor is responsible for its Subcontractors paying not less than said prevailing wages.

D. Contractor may be subject to penalties for paying less than the prevailing wages pursuant to applicable provisions of Oregon law.

E. Owner is required to pay a fee to the Bureau of Labor and Industries pursuant to the provisions of ORS 279C.825. The fee is 0.1 percent of the Contract price, but not less than $250 nor more than $7,500, regardless of the Contract Price.

10.2 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

The Contractor shall comply with all safety, environmental and health related state and federal laws and county and local ordinances and regulations that in any manner affect those engaged or employed in the Work.

The Contractor shall comply with the workers’ compensation insurance coverage requirements by ORS 656.017, unless exempt under ORS 656.126.

11. DRAWINGS

The Drawings are part of the Contract Documents and bound separately from this document.

12. RESIDENCY STATUS

The Bid must identify whether the Bidder is a resident Bidder as defined by

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ORS 279A.120. In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract, add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be published on or before January 1 of each year by the Oregon Department of Administrative Services. In accordance with ORS 279A.120(4), the Owner will rely on these percentages and is not liable to any Bidder for any inaccuracies.

This increase will only be applied to determine the lowest Bid, and will not cause an increase in payment to the Contractor after award of the Contract.

13. ASBESTOS ABATEMENT LICENSE

If asbestos is present and Work will be performed where it will be encountered, the Contractor and subcontractors performing the Work must have a license issued pursuant to ORS 468A.720.

14. CONSTRUCTION CONTRACTORS BOARD

The Owner will not receive or consider a Bid unless the Bidder is licensed by the Oregon Construction Contractors Board or State Landscape Contractors Board.

15. PRODUCT SUBSTITUTION

A. Materials and Equipment Identified by Brand or Trade Name.

1. Some materials and equipment specified in the Bid Documents are identified by brand or trade name.

2. Except as stipulated under the following paragraph B and as outlined in the Bid, it is the intent of the Bid Documents to allow Bidders to select such materials and equipment from two or more brands or trade names specified in the Specifications or indicated on Drawings, or from other brands or trade names of materials and equipment of equal quality and utility to those specified or indicated, in accordance with the General Conditions.

3. Where only one brand or trade name is listed followed by the words “or-equal,” only one brand name or trade name of the required quality and utility was known to the Design Consultant when preparing the Bid Documents.

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B. In order to match existing installations or where the product involves a unique or novel application required to be used in the public interest, some materials and equipment specified may not be substituted. At the current time, the following types of equipment have been approved by the Commission to be specified by brand name without substitutions: 1), 2), 3. This list needs to be provided to the design engineer for their use in project design.

C. The Successful Bidder has 30 calendar days after award of the Contract for submission of data substantiating a request for a substitution of an “or equal” item.

D. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bid Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bid Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Project Manager, application for such acceptance will not be considered by Project Manager until after the Effective Date of the Agreement as set forth in the Contract.

16. RESPONSIBILITY OF BIDDERS TO RECYCLE

PRODUCTS

In accordance with ORS 279C.510 and Section 01 80 00 Recycling Requirements, Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract Work set forth in this document. Bidder shall use recycled paper for all printed and photocopied documents related to the submission of this Bid and shall, whenever practicable, use both sides of the paper.

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ACCESS, INDEMNITY AND RELEASE AGREEMENT

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SECTION 00 15 00

POTENTIAL BIDDER: _________________________________

OWNER: Willamalane Park and Recreation District

SITE: ________________________________________________

PROJECT: ____________________________________________

In consideration of the Willamalane Park and Recreation District, (WPRD), permitting the undersigned potential bidder (“Bidder”) to have access to, and to conduct investigations, tests and/or inspections on, the Site, the Bidder hereby agrees as follows:

1. To the greatest extent permitted by law, Bidder hereby releases, and shall defend, indemnify and hold harmless WPRD, and its respective officers, employees, consultants, representatives, and agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney's fees, arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of WPRD or by any released and indemnified party.

2. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder and comply with and be subject to all other requirements and obligations described or referenced in the Contract Documents, state, federal and/or local law.

3. Attached hereto (or to be delivered separately to WPRD before Bidder’s visit to the Site) is a certificate for comprehensive general liability insurance satisfying the requirements of Section 00 71 00 – Part 5, LIABILITY AND INSURANCE of the General Conditions.

4. Although this Access, Indemnity and Release Agreement is not a Contract Document, it shall be fully effective and binding regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise.

DORRIS RANCH NATURE PLAYGROUND SECTION 00 15 00

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INDEMNITY AND RELEASE AGREEMENT (continued)

Name of Bidder: _________________________________

Signed By: _____________________________________

Name: _________________________________________

Title: __________________________________________

Note: If a Corporation, this Indemnity Agreement must be signed by either the Corporation’s Chairman, President or Vice-President.

Address: _______________________________________

Telephone: _____________________________________

Oregon Contractors License #: ______________________

DORRIS RANCH NATURE PLAYGROUND SECTION 00 26 00

WPRD PROCUREMENT PROTEST PROCEDURES

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PROCUREMENT PROTEST PROCEDURES

GENERAL

A party with an adversely affected direct financial interest may file a protest against the Willamalane Park and Recreation District (“WPRD”) for an alleged violation of the procurement requirements set forth in the Public Contracting Code, ORS Chapters 279A and 279C, arising from a procurement action by WPRD. Any such protest must be received by WPRD at the address specified in the Invitation to Bid within the time period specified in Paragraph TIME LIMITATIONS.

TIME LIMITATIONS

A protest of the Contract terms or Specifications must be filed as early as possible during the procurement process to avoid disruption of or unnecessary delay to the procurement process. A protest must be received by WPRD within 7 days after the basis for the protest is known or should have been known, but in no event later than 10 days prior to bid closing.

A protest of WPRD’s intent to award a Contract must be filed within seven (7) days after issuance of the notice of intent.

If a protest is mailed,…