ITB_Oak Knoll Golf Course Driving Range Netting Replacement.pdf

Department of Public Works

Invitation to Bid

OAK KNOLL GOLF COURSE DRIVING RANGE NET

REPLACEMENT

Project Number: 2026-18 Project Type: Structural

Release Date: July 20, 2026 Bids Due By: August 12, 2026 at 1:00 PM

Prebid Meeting: A NON-MANDATORY job walk will be held July 29, 10:00 AM at Oak Knoll Golf Course Driving Range, 3070 Hwy 65, Ashland, OR

97520

INTRODUCTION AND TABLE OF CONTENTS

All Contract Documents are listed below. Documents are either attached or bound separately and available from the Project Manager. All Documents bound separately are incorporated into the Contract Documents and have the same force and effect as though set forth in full herein.

INTRODUCTION AND TABLE OF CONTENTS ................................................................................... i

INVITATION TO BID ...................................................................................................................... ii

CHECKLIST FOR BID SUBMITTAL ................................................................................................. iv

CHECKLIST FOR CONTRACT SUBMITTAL ....................................................................................... v

PART 1: BID DOCUMENTS

BID FORM

BID SCHEDULE

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

BID BOND FORM

INSTRUCTIONS TO BIDDERS

PART II – CONTRACT DOCUMENTS

PUBLIC IMPROVEMENT CONTRACT

CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE

CERTIFICATE OF REPRESENTATION

EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

EXHIBIT B PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS

EXHIBIT C CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR

EXHIBIT D BOND FORMS (PERFORMANCE & PAYMENT)

EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION

EXHIBIT F CERTIFICATE OF COMPLIANCE

EXHIBIT G CONTRACTOR’S RELEASE OF LIENS AND CLAIMS

EXHIBIT H CERTIFICATE OF FINAL COMPLETION

EXHIBIT I CITY OF ASHLAND NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR

CONTRACTORS

PART III – SPECIAL PROVISIONS & SPECIFICATIONS (Bound Separately)

PART IV – PROJECT PLANS (Bound Separately)

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INVITATION TO BID

OAK KNOLL GOLF COURSE DRIVING RANGE NET REPLACEMENT

Project No. 2026-18

The City of Ashland is soliciting sealed Bids for the development of OAK KNOLL GOLF COURSE DRIVING RANGE NET REPLACEMENT, Project No. 2026-18 . All Bids received prior to the due date and time and in proper form will be publicly opened and read aloud in the Siskiyou Conference Room at the time set forth above as the deadline for receipt of Bids, and thereafter Bids shall be made available for public inspection. If the total amount of the contract to be awarded will exceed $250,000, the award of the contract must be approved by the Local Contract Review Board. A contract for the work will be awarded or Bids may be rejected, separately or entirely, within thirty (30) days after Bid opening. The City may cancel this procurement or reject any and all Bids in accordance with ORS 279B.100.

The general character of the work for this Project includes supplying all labor, equipment, and materials necessary to perform the following major work items related to the development of the Project: construction of a replacement driving range netting support pole system, site work including demolition, pole installation, foundation or embedment construction, and associated site restoration. The construction project also requires evaluation and installation of pole support alternatives and installation of netting attachment hardware systems and new netting.

The solicitation documents, including plans and specifications for the Project, are downloadable at OregonBuys (https://oregonbuys.gov/bso/). The solicitation documents and addenda may be downloaded at no charge. They will NOT be mailed to prospective Bidders.

Bidders should consult the OregonBuys website regularly until closing to avoid missing any addenda.

PRE-BID MEETING

A non-mandatory pre-bid meeting will be held at 10:00 AM on July 29, 2026 at the Oak Knoll Golf Course driving range at 3070 Hwy 65, Ashland, OR 97520.

PREQUALIFICATION

Prospective bidders must prequalify to be eligible to submit a bid. A prequalification application must be submitted and received at least five (5) days prior to the first anticipated bid opening date. Prequalification application forms are available on the City of Ashland’s Public Woks web page. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137-049-0220].

Proof of ODOT or General Service prequalification may be submitted for the City of Ashland contractor prequalification.

https://oregonbuys.gov/bso/

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TIME AND PLACES OF RECEIVING BIDS (BID CLOSING)

Bid closing for the work described above will be August 12, 2026 at 1:00 PM. Bids shall be received before that date and time by Kaylea Kathol, Project Manager.

Submit bids to:

City of Ashland C/O Kaylea Kathol, Project Manager 51 Winburn Way Ashland, OR 97520

Bids may be submitted by mail, parcel delivery service, or hand delivered in person. For hand delivered Bids, obtain a date stamp on the Bid and submit sealed envelopes.

The outside of the transmittal envelope shall bear the following information:

Name of Bidder Address and Telephone Number of Bidder Title of Project Date of Opening The Words “Sealed Bid”

Bids, Bid modifications, and Bid withdrawals will not be accepted at or after 1:00 PM on the day of Bid Closing. Bids received late will be time and date stamped at the time of receipt, marked as “Rejected as Late Bid” and will be returned, unopened to Bidder.

PLACE, TIME, AND DATE OF READING BIDS (BID OPENING)

Bid Opening of properly submitted bids for the work described above will be in the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, Oregon, beginning at 1:00 PM on the day of Bid Closing.

COMPLETION TIME LIMIT

The Work shall be completed in all respects within 60 days of the date of written Notice to Proceed.

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CHECKLIST FOR BID SUBMITTAL

1. Prequalification

• Submit prequalification application not less than five (5) days prior to bid opening

2. Bid & Bid Schedule

• Fill in bidder information on first page

• Indicate bidder status on paragraph 24

• Indicate number of addenda received on paragraph 31

• Fill in bidder information and sign paragraph 34

• Fill in unit prices and amounts for all bid items

• Fill in total bid amount

3. First Tier Subcontractor Disclosure Form

• Fill in this form and include with bid schedule (or within 2 hours of closing).

4. Bid Bond

• Provide 10% bid bond on form included on page 11.

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CHECKLIST FOR CONTRACT SUBMITTAL

1. Standard Public Improvement Contract

• Fill in contractor data and certification on page 2 and 3 of the contract form.

• Sign on page 3 of the contract form

2. Certifications of Representation

• Check all items that apply and sign

3. IRS Form W-9

4. Insurance certifications as required by Exhibit B (page 52)

5. Exhibit C – Certification Statement for Corporation as Independent Contractor (page 54)

6. Performance Bond

• Provide on form provided on page 57 (or approved surety form)

7. Payment Bond

• Provide on form provided on page 59 (or approved surety form)

8. Public Works Bond

• Provide proof of a Public Works Bond filed with BOLI (see standard terms and conditions 17(d) on page 35)

City of Ashland 1

PART 1: BID DOCUMENTS

City of Ashland 2

BID FORM

TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION,

EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS

PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE

COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,

PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY

HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520.

NAME OF BIDDER ____________________________________

CONTACT ___________________________________________

ADDRESS ____________________________________________

CITY _____________________ STATE __________ZIP_______

TELEPHONE NO.______________________________________

FAX NO. _____________________________________________

EMAIL ADDRESS _____________________________________

To the Honorable Mayor and City Council City Hall City of Ashland 20 East Main Street Ashland, Oregon 97520

In response to the City of Ashland’s Invitation to Bid, this Bid is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonably incidental to, the construction of OAK KNOLL GOLF COURSE DRIVING RANGE NET REPLACEMENT No. 2026-18 (hereinafter “Project”) for the City of Ashland, Oregon. The Project includes the Contract Documents on file at City Community Development Building. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted.

1. The undersigned has familiarized itself with the nature and extent of the Contract Documents, the project work, the site, the locality, the general nature of work to be performed by the City or others at the site that relates to the project work required by the Contract Documents, local

City of Ashland 3 conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work.

2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes.

3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules.

4. The deadline to file a written protest or request, pursuant to the Instructions to Bidders to change contract terms, conditions or specifications is not less than ten (10) calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request.

5. All of the Contract Documents, including all plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents.

6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached, and they shall be accepted as part of the contract when issued.

7. The undersigned agrees that upon written acceptance of this bid s/he will, within 10 working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract:

Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 10% of the awarded contract;

Certificates of Insurance for Liability and property damage coverage;

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Certificates of Coverage for Workman Compensation and unemployment insurance;

All other bonds, permits, licenses, etc. as required in the Contract Documents.

8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of “extra work” for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned’s own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate.

9. The undersigned submits the unit prices as those at which he will perform the work involved.

The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern.

10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE".

11. In stating prices, it is understood that the prices include all materials and work required to complete the project in accordance with the Contract Documents, the plans and the specifications. If any material, item, or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE," the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE."

12. The City reserves the right to cancel this solicitation or to reject any and all bids in whole or in part when the cancellation or rejection is in the best interests of the City as determined by the City in accordance with ORS 279B.100

13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for.

14. Upon receipt of written notice of the acceptance of its bid, Bidder shall execute a formal contract with the City within ten (10) days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of ten percent (10%) of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby.

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15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C.

§276a) bidder agrees to comply with the Davis- Bacon Act requirements. “Prevailing Wage Rates for Public Works Contracts in Oregon,” which are incorporated herein by reference, and can be accessed at: https://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications.

17. Accompanying this Offer is a certified check, cashier's check or a bid bond, payable to the City of Ashland, Oregon, in the amount of ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland.

If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned.

18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 to 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)].

19. The undersigned certifies that the undersigned Contractor is eligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860.

20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute.

21. The undersigned agrees that the time of completion shall be defined in the Contract, based on the work schedule as stated below.

https://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

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• The work shall be commenced within ten (10) business days after receipt of the written Notice to Proceed.

• The undersigned agrees that the project shall be complete in all respects within 60 days of the date of Notice to Proceed. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Standard Conditions, for each day the project remains incomplete.

22. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid.

23. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder’s registration number is stated below. [OAR 137-049-0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid.

24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below.

• The Bidder is ________ or is not _______ a Resident Bidder as defined in ORS 279A.120.

25. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms;

26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud.

27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(c)(B)]

28. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal.

29. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so.

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30. The undersigned confirms that this offer is not contingent upon City’s acceptance of any terms and conditions other than those contained in this Solicitation and the Contract Documents.

31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors / Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will transmit addenda to registered plan holders but shall publish notice of any addenda on City’s website (www.ashland.or.us) at the Public Works page. The addenda may be downloaded or picked up at the Department of Public Works, 51 Winburn Way, Ashland, Oregon. The bidder must check the website and Public Works bulletin board frequently until closing.

The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule.

ADDENDUM NUMBER ____ THROUGH ____ HAVE BEEN REVIEWED

32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City’s completion of the attached Bidder Responsibility Determination Form.

33. The bidder shall comply with ORS 279.370 and the attached “First-Tier Subcontractors Disclosure” form and instruction. The City may reject any bids that fail to submit to the requirements outlined in the First-Tier Instruction form. If applicable, the First-Tier Subcontractor Disclosure Form shall be attached to this Invitation to Bid.

34. Bidder Information and Signature

Firm Name of Bidder Signature of Bidder

Printed Name of Bidder

Official Title

State of Incorporation CCB Number

Dated this day of 20___.

City of Ashland 8

BID SCHEDULE

Project No. 2026-18

Item Description Unit Qty Unit Cost Line Total

1 Mobilization, demobilization, site preparation, and cleanup

LS 1

2 Construction survey work and staking LS 1

3 Demolition LS 1

4 Netting LS 1

5 Utility poles EA 35

6 Hardware and connecting equipment LS 1

BID TOTAL

Name of Authorized Representative Total Written in Dollars

Authorized Representative Signature Date

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Instructions for Submitting Form

For contracts of more than $100,000, within two working hours after the date and time of the deadline when bids are due, a bidder shall submit to the Agency a disclosure of the first-tier subcontractors that:

A. Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement contract; and

B. Will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.

Method for disclosure can occur in the following two ways.

A. Hand delivery to the following address where it can be time and date stamped

City of Ashland Community Development and Engineering Services Building 51 Winburn Way Ashland, OR 97520, or

B. Faxed to (541) 488-6006. Bidders bear the risk of improper disclosure by facsimile. The agency is not responsible for partial, failed, illegible, or partially legible FAX transmissions or electronic submissions.

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Project Name: OAK KNOLL GOLF COURSE DRIVING RANGE NET REPLACEMENT

Project Number: 2026-18

Bid Closing Date and Time: August 12, 2026 at 1:00 PM

This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

Subcontractor Name Dollar Value Category of Work

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

Form Submitted by (Bidder Name):

Contact Name:

Phone No.:

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BID BOND FORM

We, ________________________________________________, a corporation or partnership duly organized under the laws of the State of _______________, and authorized to transact business in the State of Oregon, as “PRINCIPAL,” and, We, ________________________________________________, a corporation or partnership duly organized under the laws of the State of _______________, and authorized to transact business in the State of 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 City of Ashland, Oregon, (OBLIGEE) the sum of ($__________________), Dollars.

The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City’s Notice to Contractors and Invitation to Bid, submitted its Offer for OAK KNOLL GOLF COURSE DRIVING RANGE NET REPLACEMENT, Project No. 2026-18 which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City’s public contracting rules and Contract Documents.

NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract Documents within the time specified and fixed by the Documents, then this obligation shall be void;

otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10) days of such failure.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this ______________ day of ____________________, 20___.

Surety Principal

Address Address

By By

Attorney -in-Fact [A certified copy of the Agent’s Power of Attorney must be attached hereto.]

IMPORTANT – Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon.

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INSTRUCTIONS TO BIDDERS

The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference.

1. SCOPE OF WORK

The work contemplated under this contract includes all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the completion of all the work in connection with the project described in the Contract Documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents.

2. EEO AFFIRMATIVE ACTION

Bidders must comply with the City of Ashland Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts.

3. BID PROVISIONS

a. Each bid must contain a completed Bid including the following:

i. A Bid and Schedule of Prices.

ii. Acknowledgement that the bidder has received and reviewed all Addenda for the bid.

iii. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870 (Contracting and Prevailing Wages) shall be complied with.

iv. A statement by the bidder, as part of their bid, that the bidder agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C.

3141 to 3148.

v. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120.

vi. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal.

vii. A statement that the bidder has a current and valid registration with the Construction Contractor’s Board and/or the State Landscape Contractors Board as required by ORS 671.530.

viii. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)].

ix. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening).

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x. A Surety Bond, Cashier’s check or Certified check in the amount of 10 percent of the submitted bid.

xi. Certification: Non-discrimination (in bid)

xii. Certification: No Conflict of Interest (in bid)

xiii. Certification: Not ineligible for Public Works Contracts [OAR 137-049-0230] (in bid)

b. The City will publish notice of any addenda on OregonBuys website https://oregonbuys.gov/bso/view/login/login.xhtml . The addenda may be downloaded or picked up at the City Engineering Office located at 51 Winburn Way, Ashland Oregon, 97520. Check the website frequently until closing.

c. No bid will be received or considered by the City of Ashland unless the bid contains a statement by the bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at:

https://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

d. Each Bidder must identify in the Bid whether the Bidder is a “resident bidder” as defined in

ORS 279A.120.

e. Unless specified in the ITB, and Contract Special Provisions, the bidder or subcontractor need not be licensed under ORS 468A.720 relating to asbestos abatement.

f. No bid for a construction contract shall be received or considered by the City of Ashland unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530.

g. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award.

h. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370; OAR 137-049-0360).

Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the bidder must disclose the following information about that subcontract in its bid submission or within two (2) working hours after bid closing:

(1) The subcontractor’s name,

(2) The dollar value of the subcontract, and

(3) The category of work that the subcontractor would be performing.

If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate “NONE” on the accompanying form.

Disclosure forms will be available for public inspection after the opening of the bids.

THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO

SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED

DEADLINE (see OAR 137-049-0360).

https://oregonbuys.gov/bso/view/login/login.xhtml

City of Ashland 14

i. Bid Security. [OAR 137-049-0290]

No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City’s option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond, the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE

THE SURETY USE THE BID BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED,

THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED.

All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following:

A. Executed a formal contract;

B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 100% of the Contract Price;

C. Furnish proof of public works bond filed with BOLI; and

D. Furnish the required Certificates of Insurance.

Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a Public Works Bond filed with BOLI by the successful bidder, the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and performance bond and payment bond are not executed and delivered to the City within ten

(10) working days of the day of the receipt by the successful bidder of the prepared contract.

The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the contract has been awarded and duly signed.

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

k. The Bidder, in submitting the bid, certifies that the Bidder has not been disqualified and is eligible to receive a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if

City of Ashland 15 awarded a contract, that every subcontractor will not be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370.

4. PRE-BID CONFERENCE AND PREQUALIFICATION OF BIDDERS

If a pre-bid conference is scheduled, notice will be provided in accordance with OAR 137- 049-0200(1)(a)(B). If prequalification will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work for which bidders must be pre-qualified. [OAR 137-049-0200(1)(a)(C).] [ORS 279C.365(1)(c)]

Unless otherwise provided, to be eligible to bid City of Ashland public improvement projects, bidders must submit a prequalification application to the Public Works Department at least five (5) days prior to the first anticipated bid opening date. All contractors performing work in the public Right-of-Way, whether under contract or by permit, must have an approved and current Contractor’s Prequalification form on file with the Public Works Department of the City of Ashland. The contractor must be pre-approved to perform the work for which they are bidding/applying before a contract will be entered into or a permit will be issued.

Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450 and notice of prequalification status will be given within thirty (30) days of the receipt of the application. A notice of disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice.

(NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution)

5. FORM OF BID

A. Bids shall be submitted in sealed envelopes to:

City of Ashland Kaylea Kathol 51 Winburn Way Ashland, Oregon 97520

The outside of the transmittal envelope shall bear the following information:

Name of Bidder Address and telephone number of Bidder Title of Project Date of opening The words “Sealed Bid”

If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications.

B. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly

City of Ashland 16 authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder’s offer to enter into a contract which, if the Bid is accepted for award, binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City’s acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may cause rejection of such bid, unless such statement is required in a bid embracing alternative bids

C. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in the bid may be rejected.

D. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation, or a combination thereof, and if incorporated, in what state, and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon.

6. LATE BIDS

Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be rejected. Bids will be time and date stamped by Community Development Department / Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt by City personnel, marked as “Rejected as Late Bid” and will be returned, unopened, to the submitted.

7. INTERPRETATION OF CONTRACT AND ADDENDA

If a bidder finds error, discrepancies in, or omissions from the plans, specifications or Contract Documents, or has doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/ Project Manager. The City will investigate and determine if an addendum will be issued.

If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder may make written inquiry regarding same to the Project Manager at least ten (10) days, unless otherwise specified, before the scheduled closing time for submission of bids.

If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be issued to all known specification holders.

Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not

City of Ashland 17 included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the website and available at Community Development Department Counter; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract.

ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT, OR THE PROJECT

GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS

SHALL NOT BIND THE CITY.

8. EXAMINATION OF CONTRACT, SITE OF WORK AND SUBSURFACE DATA

A. Prior to submitting a bid, it is the responsibility of each Bidder to:

(1) Examine the plans, specifications and Contract Documents thoroughly.

(2) Become fully informed as to the quality and quantity of materials and the character of the work required.

(3) Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials.

(4) Consider all federal, state and local laws, ordinances, rules and regulations that may affect cost, progress, or performance of the work, including environmental and natural resource ordinance and regulations

(5) Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project.

(6) Study and correlate the Bidder’s observations, especially as regards site conditions with the Contract Documents.

(7) Notify the Contact Person of all conflicts, errors, ambiguities or discrepancies discovered in the Contract Documents.

B. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitation utility interferences, by personal examination of the site, careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such independent sources as Bidder feels may be necessary.

C. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work.

D. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract.

City of Ashland 18

E. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the Invitation to Bid. When submitting a bid, the Bidder agrees that consideration has been given to the requirements and conditions contained throughout these Bid Documents.

F. Notice: It is further understood that a Bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the Contract or Contract Special Provisions and if such conditions are not satisfied may result in termination of the Contract.

9. FAMILIARITY WITH LAWS AND ORDINANCES

A. The Bidder is presumed to be familiar with all Federal, State, and Local laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials or…