ITB 9354 Forest Mastication at Brian Booth State Park.pdf

OREGON PARKS AND RECREATION DEPARTMENT

INVITATION TO BID

FOREST MASTICATION AT BRIAN BOOTH STATE PARK

OPRD Procurement No. 9354

OregonBuys Opportunity No. S-63400-00005707

TABLE OF CONTENTS

1.0 PROCUREMENT DESCRIPTION

1.1 Purpose

1.2 Scope of Services

1.3 Additional Information

2.0 SOLICITATION PROCESS

2.1 Procurement Authority and Method

2.2 General Definitions

2.3 Procurement Schedule

2.4 Public Notice

2.5 Pre-Bid Meeting

2.6 Inquiries and Changes

2.7 Bid Requirements

2.8 Bid Opening

3.0 EVALUATION PROCESS

3.1 Clarification of Bids

3.2 Disqualification of Bids

3.3 Cancellation of Solicitation

3.4 Administrative Review

3.5 Minimum Requirements

3.6 Pricing

3.7 Method of Award

3.8 Applicable Preferences

3.9 Bidder References

3.10 Bidder Responsibility

4.0 AWARD PROCESS

4.1 Intent to Award

4.2 Conditions of Award

4.3 Contract Requirements

ATTACHMENTS:

Attachment 1 Contractual Acceptance Form

Attachment 2 Pricing Proposal Form

Attachment 3 Sample Contract Form

Exhibit A: Statement of Services

Exhibit B: Insurance Requirements

Exhibit C: Site Maps

Attachment 4 State of Oregon Performance Bond

1.0 PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (OPRD) is seeking bids from qualified bidders, who will by method of mastication, thin approximately 28 acres of young and overly dense mixed conifer from public property owned and managed by OPRD at Brian Booth State Park in Lincoln County.

As a result of this solicitation process, OPRD intends to award one contract for the services described in this Solicitation Document. The form of the resulting contract and applicable general provisions are included in Attachment 3 (Sample Contract Form).

The anticipated term of the awarded Contract is from April 1, 2023 to June 30, 2023.

1.2 SCOPE OF SERVICES

The Area of Operations consists of three units, totaling 30 acres. The purpose of the operation is to improve overall forest health, individual tree vigor, and to open the forest canopy to promote growth of secondary tree species and understory vegetation. The work will be completed by mechanical mastication; leaving dominant and co-dominant trees that have little to no major defect, are of good form and vigor, and an average spacing of 15’X15’ to 22’X22’. The current tree stocking would be reduced from approximately 600 trees per acre to approximately 150 trees per acre. For bonding purposes, the estimate for this project is $54,000.

1.2.1 GENERAL PROJECT INFORMATION

PROJECT NAME & NO.: OPRIS #9354 Forest Mastication at Brian Booth State Park

ACTS AND REGULATIONS: Bidders shall comply with the following regulations:

The Forest Resources Conservation and Shortage Relief Amendments Act of 1993;

Oregon Forest Practices Act 1972, as amended

OPERATIONS TYPE: Forest thinning by way of mastication

EQUIPMENT: Excavator or skid-steer with GPR of 8 lbs./sq.in. or less and capable of mulching woody material up to 13” DBH

LOCATION: Area of Operations is located within Brian Booth State Park in Tillamook County.

NOTICE & PERMIT: Oregon Department of Forestry Notification of Operations and Permit to Operate Power-Driven Machinery (PDM)

Additional information about the Notice and the Permit is available at:

Oregon Department of Forestry 763 NW Forestry Rd.

Toledo, OR 97391 541-336-2273 FERNS https://ferns.odf.state.or.us/E-Notificationid b

SECURITY: State of Oregon Performance Bond equal to 20% of the Bid value.

1.3 ADDITIONAL INFORMATION

1.3.1 Tobacco Free Properties. Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for contract award, Bidder, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while performing services on State property.

2.0 SOLICITATION PROCESS

https://ferns.odf.state.or.us/E-Notificationid

2.1 PROCUREMENT AUTHORITY AND METHOD

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code.

OPRD is conducting this Procurement in accordance with OAR 137-047-0270, Intermediate Procurements.

2.2 GENERAL DEFINITIONS

Capitalized terms in the Solicitation Document have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR Chapter 137), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A, 279B and 279C). Other capitalized terms may be defined in the section in which they appear.

2.2.1 “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of this Solicitation Document.

2.2.2 “Bid” or “Offer” means the Bidder's written offer submitted in response to this Invitation to Bid, including all necessary attachments.

2.2.3 “Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

2.2.4 “Closing” means the date and time specified in this Solicitation Document as the deadline for submitting Bids.

2.2.5 “Contractor” means the Person with whom OPRD enters into a contract pursuant to this Invitation to Bid.

2.2.6 “Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be delivered under the Contract resulting from this Solicitation Document.

2.2.7 “OPRD” means the Oregon Parks and Recreation Department.

2.2.8 “Person” means any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

2.2.9 “Responsive” means having the characteristic of substantial compliance in all material respects with the applicable requirements of this Solicitation Document.

2.2.10 “Services” means all work required to be performed under the Contract resulting from this Solicitation Document.

2.2.11 “Solicitation Document” or “Invitation to Bid (ITB)” means this document, and all its attachments, which is issued to invite offers from prospective contractors pursuant to ORS Chapter 279B.

2.3 PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time.

OPRD may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys………………………..February 23, 2023 at 2:00 pm

Deadline for Inquiries and Requests for Clarification…………….March 6, 2023 at 2:00 pm

Closing/Bids Due/Opening………………………………………….March 15, 2023 at 2:00 pm

Contract Awarded……………………………………………………March 20, 2023 at 2:00 pm

2.4 PUBLIC NOTICE

This Solicitation Document, including all Addendums and Attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Bidders.

2.5 PRE-BID MEETING. There is no pre-Bid meeting scheduled for this solicitation. Interested parties may contact OPRD Forester Nick Morris to arrange a site visit prior to the deadline for inquiries.

NAME: Nick Morris EMAIL: nick.e.morris@oprd.oregon.gov

PHONE: 503-580-9039

2.6 INQUIRIES AND CHANGES

2.6.1 Single Point of Contact. Bidders shall address ALL INQUIRIES related to this Solicitation to the individual identified below by any of the following methods:

NAME: Bryant Hayes, Contracts Coordinator EMAIL: bryant.hayes@oprd.oregon.gov

PHONE: 503-779-5566

2.6.2 Requests for Clarification. A prospective Bidder may request clarification of any provision contained in this Solicitation Document. Any request for clarification must:

• Be submitted in writing (via OregonBuys system using the “Q&A” tab in the Bid solicitation) to the Single Point of Contact, and

• Be received by the deadline for inquiries designated in section 2.3 Procurement Schedule, or as changed by Addenda.

At its sole discretion, OPRD will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys. OPRD’s clarification to a Bidder’s request, whether orally or in writing, does not change this Solicitation Document and is not binding on OPRD unless the Solicitation Document is amended by Addendum in accordance with section 2.6.4 below.

2.6.3 RESERVED

2.6.4 Changes to Solicitation Document. Changes to the Solicitation Document will be made only by Addenda issued by OPRD and posted on OregonBuys.

2.7 BID REQUIREMENTS

2.7.1 Bid Format. Bids must be submitted on the forms and in the format required by this Solicitation Document. Any specific forms required for Bid submittal are included as attachments to this Solicitation Document.

2.7.2 Bid Content. The Bid must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this Solicitation Document, including but not limited to the following:

A. Contractual Acceptance Form

The Bid must contain a completed Contractual Acceptance Form (Attachment 1) including an original signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink. By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this Solicitation Document. A Bidder shall not make a Bid conditional upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document.

B. Pricing Proposal

The Bid must contain a completed Pricing Proposal Form (Attachment 2). All Pricing Proposals must be valid for 30 days from Closing.

C. Minimum Requirements

The Bid must comply with all minimum requirements and specifications described below.

1) Experience. The Bid must contain information that clearly demonstrates that Bidder has a minimum of three (3) years of professional experience within the past five years successfully providing services that are comparable to those described in this Solicitation Document.

2) Resources. The Bid must contain information that clearly demonstrates that Bidder has the resources required (staffing, equipment, materials, etc.) to successfully provide the services described in this Solicitation Document in the timeframe required by OPRD.

D. References

The Bid must contain three (3) references, including valid contact information for each, from separate firms or clients that may be contacted to verify Bidder’s abilities and experience with respect to goods and/or services provided within the past five years that are similar in size and scope to those described in this Solicitation Document. References from Oregon Parks and Recreation Department will not be accepted.

2.7.3 Bid Submission. Bidder is solely responsible for ensuring its Bid is submitted via OregonBuys e-procurement system and is received in accordance with the Solicitation requirements before Opening. OPRD is not responsible for any transmission errors, delays or mistaken submittal of Bids.

2.7.3.1 OregonBuys Electronic Submission. OPRD will accept only those Bids submitted via the OregonBuys e-procurement system. All Bidders or vendors must be registered in OregonBuys to do business with the State.

Registration is free.

• To create a vendor account, click the blue “Register” button in the upper right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

• Vendors are responsible for ensuring their vendor registration and general business information is current and correct in OregonBuys. OPRD will not be responsible for defective registration or incorrect vendor information.

In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

• Details entered in the Header information section;

• All ITB Attachments, Addendums and notices, questions and answer documents, any other files linked in the “File Attachments” and “Form Attachments” subsections; and

• Any information entered in the “Questions” and “Item Information” sections.

https://oregonbuys.gov/bso

Bidder should select the “Confidential” checkbox in OregonBuys, when uploading any files required in response to this ITB.

2.7.4 Bid Modification. Any Bidder that wishes to make modifications to a Bid already submitted in OregonBuys, shall submit its modification before the Bid Opening Date and time specified in OregonBuys for this ITB. Bidder must note the specific change(s) to the Bid submission. Modifications made after Bid submission must be uploaded to OregonBuys after deleting prior submittal items, using the “Withdraw Quote” button.

2.7.5 Bid Withdrawal. If a Bidder wishes to withdraw a submitted Bid, Bidder shall do so prior to Opening Date and time specified in OregonBuys for this ITB. Bidder also must use the “Withdraw Quote” button in OregonBuys to withdraw the Bid.

2.7.6 Bid Costs. All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by OPRD.

2.7.7 Public Records; Trade Secrets. This Solicitation Document and one copy of each original Bid received in response to it will be kept by OPRD and made a part of a file or record which shall be open to public inspection. If a Bidder believes that its Bid contains any information that is considered a trade secret under ORS 192.501(2) or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, each sheet of such information must be marked as follows:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS

192.410 through 192.505.”

Bidders are cautioned that cost information submitted in response to a Solicitation is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by a Bidder that is already in the public domain is not protected as a trade secret. Go to:

https://www.oregonlegislature.gov/bills_laws/ors/ors192.html for the definition of trade secret and information on what is exempt from disclosure.

OPRD shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. OPRD shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

By submitting a response to this ITB, Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

2.8 BID OPENING. Bids and all required submittal items must be received by the Single Point of Contact in OregonBuys on or before the Bid Opening. Bids received after Opening will be considered LATE and will NOT be accepted for evaluation.

There will be no public Bid Opening. Bids will be opened at the Closing date and time specified in section 2.3 Procurement Schedule or as changed by Addendum. Bids received will not be available for inspection until after the evaluation has been completed and the Notice Award is issued. However, OPRD will record and make available the identity of all Bidders after Opening.

3.0 EVALUATION PROCESS

Bids received prior to Closing will be evaluated in accordance with the evaluation process described below, OAR 137-047-0270, and any other applicable rules and statutes.

3.1 CLARIFICATION OF BIDS

https://www.oregonlegislature.gov/bills_laws/ors/ors192.html

During the evaluation process, OPRD may request clarification from any Bidder regarding any portion of their Bid. Bidders should remain available during the evaluation period to respond to any such requests for clarification. Bidders should respond to requests for Bid clarification in the format and timeframe required by OPRD. If OPRD is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to OPRD’s interpretation of the Bid without clarification.

3.2 DISQUALIFICATION OF BIDS

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

3.3 CANCELLATION OF SOLICITATION

Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Bids in accordance with ORS 279B.100.

3.4 ADMINISTRATIVE REVIEW

Bids will be evaluated for compliance with the Bid requirements identified in section 2.7. Bids deemed nonresponsive will be rejected. Bids deemed Responsive will be further evaluated as described in section 3.5 below.

3.5 MINIMUM REQUIREMENTS

Responsive Bids will be evaluated for compliance with the specifications and/or minimum requirements described in section 2.7.2.C. Bids deemed nonresponsive to the specifications and/or minimum requirements will be rejected. Bids deemed Responsive to the specifications and/or minimum requirements will be further evaluated as described in section 3.6 below.

3.6 PRICING

For all Responsive Bids, Pricing submitted in accordance with the requirements described in section 2.7.2.B Pricing Proposals will be evaluated to determine the lowest total Bid for the selected items identified as those items to be used in award determination.

3.7 METHOD OF AWARD

Only Responsive Bids will be considered for award. In accordance ORS 279B.070(4), if a contract is awarded, OPRD shall award the contract to the Bidder whose Bid will best serve the interests of OPRD, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility.

3.8 APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and 125, OPRD must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal,

(b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides, and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on the Contractual Acceptance Form (Attachment 2) whether Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.9 BIDDER REFERENCES

OPRD may contact any or all of the references provided by Bidder in response to section 2.7.2.D to verify Bidder’s qualifications, abilities, and experience. OPRD reserves the right to reject a Bidder if the references fail to support Bidder’s ability to provide the Goods or Services described in this Solicitation Document.

3.10 BIDDER RESPONSIBILITY

In accordance ORS 279B.110, OPRD may contact any references (whether or not provided by Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide the Goods or Services.

4.0 AWARD PROCESS

4.1 INTENT TO AWARD

OPRD will notify all Bidders via Notice on OregonBuys of the selected Bidder. This announcement will serve as notice to all Bidders that OPRD intends to award a contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.

4.2 CONDITIONS OF AWARD

The selected Bidder shall present ALL documents listed below within 14 calendar days of the “Notice of Intent to Award,” issued by OPRD. Failure to present the required documents to OPRD within the fourteen (14) calendar-day period may result in rejection of the Bid and disqualification of Award.

The Contract will not be executed by OPRD until all of the documents listed below have been presented to OPRD.

In no event shall Bidder be permitted to conduct operations under the Contract before providing all of the following documents:

1) Completed Exhibit B (Operations Plan) of the Contract;

2) Certificate of Liability Insurance with the coverages and limits required in the Contract;

3) Signed Contract (OPRD will provide Contract prepared for signature to the selected Bidder);

4) State of Oregon Performance Bond (Attachment 4) in an amount equal to twenty percent (20%) of the Bid value, executed in favor of the State of Oregon; and

5) Completed and approved, Oregon Department of Forestry’s Notification of Operations and Permit to Operate Power Driven Machinery.

4.3 CONTRACT REQUIREMENTS

4.3.1 Contract Form. The Bid is an offer to enter into a contract that, if accepted for award, binds the Bidder to a contract and the terms and conditions contained in this Solicitation Document.

The selected Bidder will be asked to sign a contract substantially in the form that is included as Attachment 3 to this Solicitation Document.

A Bidder shall not make a Bid contingent upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document. The process for requesting changes to the Contract terms and conditions is described in section 2.6 of this Solicitation Document.

4.3.2 Recyclable Products. Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

4.3.3 Insurance. Prior to execution of the Contract, the selected Bidder shall provide to OPRD certificates and additional insured endorsements of the insurance coverages identified in Attachment 3 (Sample Contract Form) Exhibit B (Insurance Requirements) or as otherwise specified in this Solicitation Document.

ATTACHMENT 1

CONTRACTUAL ACCEPTANCE

BIDDER SHALL PROVIDE ALL APPLICABLE INFORMATION REQUESTED BELOW

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH BID

BIDDER’S LEGAL NAME (BUSINESS): (TAX FILING) ________________________________________________

BIDDER’S MAILING ADDRESS: ________________________________________________________________

BIDDER’S BUSINESS DESIGNATION: (CHECK ONE)

Partnership Limited Partnership Limited Liability Partnership

Corporation Professional Corporation Limited Liability Company

Sole Proprietorship Other: ____________________________________________

BIDDER’S FEDERAL TAX ID NUMBER: (NOT SOCIAL SECURITY NUMBER) _________________________

Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. State may report the information provided to the Internal Revenue Service (IRS) under the name and taxpayer identification number provided.

BIDDER’S OREGON BUSINESS REGISTRATION NUMBER: _________________________________

(OREGON SECRETARY OF STATE, CORPORATIONS DIVISION)

Go to http://www.filinginoregon.com/ for information on how to register to do business in Oregon.

BIDDER IS A RESIDENT BIDDER: YES NO

ORS 279A.120(1)(b): “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the bid, has a business address in Oregon and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

BIDDER IS AN OREGON CERTIFIED FIRM: (CHECK ALL THAT APPLY)

Minority Business Enterprise (MBE) Emerging Small Business (ESB)

Women Business Enterprise (WBE) Disadvantaged Business Enterprise (DBE)

Go to http://www.oregon4biz.com/Grow-Your-Business/Business-services/Minority-Owned-Business-Certification/ for information on the OMWESB certification program.

BIDDER’S CONTACT INFORMATION:

AUTHORIZED REPRESENTATIVE TITLE

PHONE FAX EMAIL

THE INDIVIDUAL SIGNING ON BEHALF OF BIDDER HEREBY ACKNOWLEDGES AND CERTIFIES THAT:

• He/she is authorized to act on behalf of Bidder,

• The supplied Bidder data is true and accurate,

• To the best of his/her knowledge, Bidder is not in violation of any Oregon tax laws, For the purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to

320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of

Revenue under ORS 305.620. [ORS 305.380(4)]

• Bidder has completely read and understands the provisions of the Solicitation, including any Addenda issued,

• The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty, http://www.oregon4biz.com/Grow-Your-Business/Business-services/Minority-Owned-Business-Certification/

• Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055 or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract,

• Bidder accepts and agrees to be bound by all the terms and conditions of the Contract awarded,

• Bidder agrees to provide all Goods and Services required to be provided under the Contract,

• Bidder has the available resources, including staffing, to perform the Services in a reasonable timeframe to pursue OPRD’S objectives, and

• By submitting a response to this Solicitation, Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon

Public Records Laws.

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE DATE

ATTACHMENT 2

PRICING PROPOSAL FORM

Bidders shall enter pricing for all Bid Items listed in this Pricing Proposal Form. If this Pricing Proposal Form is replaced by Addenda then Bidders shall use the Addenda forms to provide pricing and other required information. If the Pricing Proposal Form is only modified by Addenda, then Offerors shall follow the instructions in the Addenda for making modifications to the Pricing Proposal Form. Failure to supply the required information in the Pricing Proposal Form or subsequent Addenda may result in Bid rejection as non-responsive.

The undersigned has carefully examined the Contract Documents and the site of the work, and agrees to furnish all necessary labor, equipment, accessories, materials, permits, and perform all Work shown and specified in accordance with the Contract Documents for the price(s) set below. All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work at no additional cost to OPRD.

Bid Items:

Acres (a) Price per Acre (b) Bid Price (a x b)

30 $____________ $____________

TOTAL BID PRICING (for award purposes) $_____________

NOTE: Bid price is total contract price including Contractor’s profit and overhead. The quantities listed in the Bid Pricing are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. OPRD reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities (See Contract Section 4.1 regarding Compensation and Amendments).

Bidder (Insert the name of the bidding entity):

Bid submitted by (The authorized individual submitting the bid on behalf of the bidding entity):

ATTACHMENT 4

STATE OF OREGON PERFORMANCE BOND FORM

Bond No.:

OregonBuys Solicitation: S-63400-00005707 Project Name/No.: Forest Mastication at Brian Booth State Park

__________________(Surety #1) Bond Amount No. 1: $______________ __________________(Surety #2)* Bond Amount No. 2:* $______________

* If using multiple sureties Total Penal Sum of Bond: $______________

We, ________________________________________________as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of (Total Penal Sum of Bond) ________________________________________________________________________

(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and

WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which are contained in the above-referenced Solicitation;

WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by the Surety:

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the Contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the State of Oregon, Parks and Recreation Department, and members thereof, its officers, employees and agents, against any direct or indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said contract according to law, then this obligation is to be void; otherwise, it shall remain in full force and effect.

Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the above-referenced agency(ies), be obligated for the payment of any premiums.

OPRD PROCUREMENT No. 9354

ITB 9354 Forest Mastication at Brian Booth State Park.doc Page 14 of 14

IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED

BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.

Dated this __________________ day of ___________________, 2023.

PRINCIPAL: ____________________________

By____________________________________

Signature

Official Capacity

Attest: ________________________________

Corporation Secretary

SURETY: _____________________________

[Add signatures for each surety if using multiple bonds]

BY ATTORNEY-IN-FACT:

[Power-of-Attorney must accompany each surety bond]

Name

Signature

Address

City State Zip

Phone Fax