P51073 Full Bid Book.pdf

INVITATION TO BID

for

Project Name: Franklin Blvd. Phase 1 Maintenance

PROJECT #P51073

The deadline for submitting questions regarding this Invitation to Bid, prior to bid opening is Friday, August 15th, 2025, at 5:00pm as specified in Section 3.3 of the Instruction to Bidders.

The complete set of bid documents for this project consists of two sections: The Invitation to Bid

Documents and the Project Book.

For the City of Springfield to consider your Bid responsive, you must include the documents listed in the Instruction to Bidders, Section 5.1 of the Bid Submittal and Forms and as indicated by Table of Contents.

Any addendums or revisions must be acknowledged and submitted with your Lump Sum Bid except for the plan book, which is not required to be submitted as a part of your Bid.

ITB2 LOCAL Rev 10/2024

A MANDATORY PRE-BID MEETING:

Date: WEDNESDAY, AUGUST 6TH, 2025

Time: 10:00 am

Location:

SPRINGFIELD CITY HALL

JMR CONFERENCE ROOM

225 5TH STREET

SPRINGFIELD, OR 97477

BIDS DUE

Date: THURSDAY, AUGUST 21ST, 2025

Time: 2:00 pm

NO PUBLIC BID OPENING

City of Springfield Community Development Division

TABLE OF CONTENTS AND BIDDER’S CHECKLIST

All documents with a checkbox below are required forms and must be included with the bid submittal for the bid to be deemed responsive. Documents without a checkbox do not require submission.

Book 1: Invitation to Bid Documents

These documents are provided for reference and completion as required. Documents marked with a checkbox (☐) must be submitted with the bid for it to be considered responsive.

Invitation to Bidders

☐ Bid Submittal, Terms, and Declarations (including Addenda Acknowledgement)

Instructions to Bidders Contract (Sample) Prevailing Wage Rate Information

☐ First-Tier Subcontractor Disclosure Statement

☐ Financial Responsibility Information

☐ Certificate of Compliance – Statement of Nondiscrimination / ORS 279A.110

☐ MWESB/DBE Form – Minority, Women, and Emerging Small Business / Disadvantaged Business Enterprise

☐ Conflict of Interest Disclosure Form (COI)

☐ Non-Collusion Affidavit

Bid Bond (Sample) Performance Bond (Sample) Payment Bond (Sample)

Book 2: Bid Requirements and Maintenance Schedules

These documents must be submitted as part of the bid package, if marked with a checkbox:

☐ Bid Bond (Required)

☐ Addenda – If issued, all addenda must be acknowledged and included

CITY OF SPRINGFIELD, OREGON

Invitation to Bidders

Public Works Capital Improvement Project

Project No. P51073 Title: Franklin Blvd. Phase 1 Maintenance

Project Overview: The City of Springfield is seeking a qualified landscaping maintenance contractor to provide comprehensive care and upkeep of the green infrastructure on Franklin Blvd., as detailed in Book #2.

The awarded contract will have a base term of two (2) years, with the possibility of up to three (3) additional one-year extensions, for a maximum total term of five (5) years.

City Standards & Expectations:

Springfield places high value on the appearance and health of its public spaces. Routine inspections and annual performance evaluations will be conducted throughout the contract's duration to ensure that quality standards are met.

The selected contractor must ensure the site remains neat, orderly, and vibrant at all times. Work performed in public right-of-way areas or near sensitive infrastructure must comply with all jurisdictional regulations, including:

Safety protocols Traffic control requirements Noise ordinances Stormwater protection Environmental protection regulations

Required Qualifications and Capabilities:

This contract requires professional landscape maintenance services in a commercial and public setting. Bidders must demonstrate the ability to meet the following general requirements:

General Requirements:

A. Provide all labor, equipment, tools, and incidentals necessary to successfully perform the work.

B. Furnish and maintain all necessary tools and equipment (e.g., lawnmowers, gardening tools, vehicles, etc.).

C. Supply and apply all chemicals (e.g., fertilizers, herbicides, pesticides), subject to City approval. Restricted chemicals must be applied by a licensed applicator.

D. Prevent overgrowth at all times. Mowing must be performed as needed — no additional charges will be accepted for areas not properly maintained.

E. Ensure the health and vitality of all plant material. The Contractor must replace any lost plants (except in cases of fire, theft, accidental damage, or vandalism) at no extra cost.

F. Be liable for any damage caused by improper maintenance, including irrigation issues.

G. Report vandalism or damage in writing, including the date of first observation.

H. Do not adjust maintenance schedules without prior written approval from the City.

I. Supply and install mulch as part of routine maintenance.

A MANDATORY pre-bid meeting will be held on:

Wednesday, August 6, 2025, at 10:00 AM (JMR Conference Room).

Bid documents will be available online at https://springfield-or.gov/city/development-public-works/current-construction-projects/. There will be no printed book, download only.

The deadline for submitting questions regarding this Invitation to Bid is Friday, August 15th, 2025, at 5:00 pm. Contact with other City officials may be grounds for disqualification of the bid. All questions should be addressed to Amanda Clinton, Contracts Analyst, at 541-726-3628 or aclinton@springfield-or.gov.

Any bidder requiring special assistance or auxiliary aids during the bidding and award process should contact Mariah Kimpton at 541-726-2245 or mkimpton@springfield-or.gov at least two (2) business days before the scheduled program, activity, or meeting for hearing assistance or a sign language interpreter and at least five

(5) business days before the event for all other meeting accommodations. Assistive listening systems are available for the hearing impaired in the Municipal Courtrooms and City Council Chambers. TTY users dial Oregon Relay Services at 711. Requests for documents in alternate formats should be submitted at least ten (10) calendar days prior to the date the materials are needed to allow time for the City to respond to the request. At the discretion of the City, submission deadlines may be extended to accommodate a request for alternate formats.

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

All Contractors performing work on this project shall have a current, valid certificate of licensure issued by the Construction Contractor’s Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State Landscape Contractor’s Board in accordance with ORS 671.560, as applicable, in place at the time the quote is presented.

The City of Springfield may reject any lump sum bid not in compliance with all prescribed public bidding procedures and requirements, including the requirement to demonstrate the bidder’s responsibility under ORS 279C.375, or waive minor irregularities not affecting substantial rights and may reject for a good cause any or all bids upon a finding of the City of Springfield it is in the public interest to do so and accept such bids that in the opinion of the Springfield City Council are in the best interest of the City.

The City of Springfield encourages contractors, sub-contractors, and minority, woman-owned, and emerging small businesses to participate in City projects.

Sealed lump sum bids will be received at City Hall Development and Public Works, Southeast Quad, Attn: Sr.

Contracts Analyst, Amanda Clinton, 225 Fifth Street, Springfield, OR 97477, until, but no later than 1:59 pm Local Time, Thursday, August 21st, 2025. There will be NO public opening (ORS 279C.365).

Published: Daily Journal of Commerce & Creswell Chronicle, OregonBuys.com

ITB3 Rev 10/2024 Solicitation Number S3950

CITY OF SPRINGFIELD, OREGON

Invitation to Bidders

Public Works Capital Improvement Project

Project No. P51073 Title: Franklin Blvd. Phase 1 Maintenance

Project Overview: The City of Springfield is seeking a qualified landscaping maintenance contractor to provide comprehensive care and upkeep of the green infrastructure on Franklin Blvd., as detailed in Book #2.

The awarded contract will have a base term of two (2) years, with the possibility of up to three (3) additional one-year extensions, for a maximum total term of five (5) years.

City Standards & Expectations:

Springfield places high value on the appearance and health of its public spaces. Routine inspections and annual performance evaluations will be conducted throughout the contract's duration to ensure that quality standards are met.

The selected contractor must ensure the site remains neat, orderly, and vibrant at all times. Work performed in public right-of-way areas or near sensitive infrastructure must comply with all jurisdictional regulations, including:

Safety protocols Traffic control requirements Noise ordinances Stormwater protection Environmental protection regulations

Required Qualifications and Capabilities:

This contract requires professional landscape maintenance services in a commercial and public setting. Bidders must demonstrate the ability to meet the following general requirements:

General Requirements:

A. Provide all labor, equipment, tools, and incidentals necessary to successfully perform the work.

B. Furnish and maintain all necessary tools and equipment (e.g., lawnmowers, gardening tools, vehicles, etc.).

C. Supply and apply all chemicals (e.g., fertilizers, herbicides, pesticides), subject to City approval. Restricted chemicals must be applied by a licensed applicator.

D. Prevent overgrowth at all times. Mowing must be performed as needed — no additional charges will be accepted for areas not properly maintained.

E. Ensure the health and vitality of all plant material. The Contractor must replace any lost plants (except in cases of fire, theft, accidental damage, or vandalism) at no extra cost.

F. Be liable for any damage caused by improper maintenance, including irrigation issues.

G. Report vandalism or damage in writing, including the date of first observation.

H. Do not adjust maintenance schedules without prior written approval from the City.

I. Supply and install mulch as part of routine maintenance.

A MANDATORY pre-bid meeting will be held on:

Wednesday, August 6, 2025, at 10:00 AM (JMR Conference Room).

Bid documents will be available online at https://springfield-or.gov/city/development-public-works/current-construction-projects/. There will be no printed book, download only.

The deadline for submitting questions regarding this Invitation to Bid is Friday, August 15th, 2025, at 5:00 pm. Contact with other City officials may be grounds for disqualification of the bid. All questions should be addressed to Amanda Clinton, Contracts Analyst, at 541-726-3628 or aclinton@springfield-or.gov.

Any bidder requiring special assistance or auxiliary aids during the bidding and award process should contact Mariah Kimpton at 541-726-2245 or mkimpton@springfield-or.gov at least two (2) business days before the scheduled program, activity, or meeting for hearing assistance or a sign language interpreter and at least five

(5) business days before the event for all other meeting accommodations. Assistive listening systems are available for the hearing impaired in the Municipal Courtrooms and City Council Chambers. TTY users dial Oregon Relay Services at 711. Requests for documents in alternate formats should be submitted at least ten (10) calendar days prior to the date the materials are needed to allow time for the City to respond to the request. At the discretion of the City, submission deadlines may be extended to accommodate a request for alternate formats.

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

All Contractors performing work on this project shall have a current, valid certificate of licensure issued by the Construction Contractor’s Board in accordance with ORS 701 and, if performing work described in ORS 671.520, a current, valid certificate of licensure from the State Landscape Contractor’s Board in accordance with ORS 671.560, as applicable, in place at the time the quote is presented.

The City of Springfield may reject any lump sum bid not in compliance with all prescribed public bidding procedures and requirements, including the requirement to demonstrate the bidder’s responsibility under ORS 279C.375, or waive minor irregularities not affecting substantial rights and may reject for a good cause any or all bids upon a finding of the City of Springfield it is in the public interest to do so and accept such bids that in the opinion of the Springfield City Council are in the best interest of the City.

The City of Springfield encourages contractors, sub-contractors, and minority, woman-owned, and emerging small businesses to participate in City projects.

Sealed lump sum bids will be received at City Hall Development and Public Works, Southeast Quad, Attn: Sr.

Contracts Analyst, Amanda Clinton, 225 Fifth Street, Springfield, OR 97477, until, but no later than 1:59 pm Local Time, Thursday, August 21st, 2025. There will be NO public opening (ORS 279C.365).

Published: Daily Journal of Commerce & Creswell Chronicle, OregonBuys.com

ITB3 Rev 10/2024 Solicitation Number S3950

Page 1 of 6 ITB5-BIL Rev 10/2024

CITY OF SPRINGFIELD

INSTRUCTION TO BIDDERS

Local Funding Sources

1. Contracting Law

The Bidder is presumed to be familiar with all federal, state, and local laws, ordinances and regulations, orders and decrees which affect those engaged or employed in the work, materials, or equipment used in the proposed construction or which may affect the conduct of the work. If the Bidder or Contractor shall discover any provision in the Contract Documents which is contrary to or inconsistent with any law, ordinance, or regulation, he/she shall immediately report it to the Owner in writing.

The Contractor, Subcontractor, suppliers of materials or services, and others engaged by the contractors, shall comply at all times with and observe all such laws, ordinances, regulations, orders, and decrees; and shall hold harmless and indemnify the City of Springfield and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree.

2. Prequalification

There is no prequalification application to this Contract. Bidders unfamiliar to the City and who are not currently pre-qualified with ODOT or the City, may be required to prove to the City that they have the adequate resources, experience and equipment to complete the work.

3. Contract Documents

3.1 Plans and Specifications

Plans, Specifications, and any additional information relative to this project which are on file in the City Engineer’s Office shall be made available there for inspection by prospective Bidders.

3.2 Examination of Contract Documents and Site of Work

Bidders shall determine for themselves all the conditions and circumstances affecting the projected cost of the proposed work by personal examination of the site, Contract Documents, and by such other means. It is understood and agreed that the City has obtained information regarding underground or other conditions or obstructions depicted in the Contract Documents from data at hand. There is no expressed or implied agreement that such conditions are fully or correctly shown, and the Bidder must take into consideration the possibility that conditions affecting the cost or quantity of work may differ from those indicated.

3.3 Interpretation of Contract Documents

If it should appear to a Bidder that the work to be done is not sufficiently described or explained in the Contract Documents, or that Contract Documents are not definite and clear, the Bidder shall make written inquiry regarding same to the individual shown, in the manner instructed and within the timeframe indicated in the Invitation to Bid advertisement. Questions received will be evaluated and if, in the judgment of the City, the response does not alter or amend the requirements or scope of the Invitation to Bid, but merely clarifies existing information, the response will be entered on the Clarifications Log and posted to the project webpage as shown in the Invitation to Bid. If, in the judgment of the City, additional information or interpretation is necessary, such information shall be supplied in the form of an addendum to all individuals, firms, and corporations listed on the Plan Holders List and those individuals that attended

Page 2 of 6 ITB5-BIL Rev 10/2024 the Pre-Bid Meeting and provided an accurate e-mail address on the sign-in sheet. Such addenda shall have the same binding effect as though contained in the main body of the Contract Documents. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by written addenda issued by City.

3.4 Addenda to Contract Documents

Any addenda issued by the City, which may include changes, corrections, additions, interpretations, or information issued 72 hours or more before the scheduled closing time for filing the Bids shall be binding upon the Bidder. Addenda will be posted to the City’s website at Invitations to Bid - City of Springfield Oregon (springfield-or.gov); click under the project the addenda pertains to. The Contractor should check the website frequently for new postings during the open bid period. The City shall make a reasonable effort to notify all individuals, firms, and corporations listed on the Plan Holders List and those individuals that attended the Pre-Bid Meeting and provided an accurate e-mail address on the sign-in sheet when addenda are issued. Failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance.

4. Estimate of Listed Quantities

The estimate of quantities of work to be done under unit price bids is approximate and is given only as the basis of calculation for comparison of Bids and award of the Contract. The Owner does not agree that the actual amount of work will correspond precisely to the amount as shown or estimated. Payment will be made at unit prices under a Contract only for work actually performed or materials actually furnished according to actual measurements.

The Owner reserves the right to increase or decrease the amount of any class or portion of the work. No such change in the work shall be considered as a waiver of any condition of the Contract, nor shall such change invalidate any of the provisions thereof.

5. Bid

5.1 Bid Submittal and Forms

The complete set of bid documents for this project consists of two sections, the Invitation to Bid Documents and Book #2.

For the City of Springfield to consider your bid responsive, you must include all documents listed in the Instruction to Bidders, in numerical order according to the Table of Contents.

The forms that must be included with all bid submittals, include:

1. Bid Submittal, Terms and Declarations

2. First-Tier Sub-Contractor Disclosure Form

3. Financial Responsibility Form

4. Certificate of Compliance - Statement of Non-Discrimination/ORS 279A.110

5. Minority, Woman and Emerging Small Business/Disadvantaged Business Enterprise Form

(MWESB)

6. Conflict of Interest Disclosure Form (COI)

7. Non-Collusion Affidavit

8. Bid Bond

9. Bid Submission Requirements described in Book #2

Additionally, any addendums or revisions must be acknowledged and submitted with your Bid.

The Bid Submittal, Bid Bond, Certified Check, or Cashier’s Check shall be enclosed in a sealed and labeled

Page 3 of 6 ITB5-BIL Rev 10/2024 envelope. The outside of the envelope shall plainly identify: The project name and project number and (2) The Bid opening date. All Bids must be clearly and distinctly typed or written with ink or indelible pencil.

Unless otherwise specified, Bidders shall bid on all Bid items, and must include in their Bid prices the entire cost of each item of work set forth in the 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 alternate Bids. If, in the opinion of the City, the items or prices in any Bid appear unbalanced, incomplete, or fail to comply with all the terms required, the Bid may be rejected.

Sealed Bids shall be labeled clearly, addressed to Amanda Clinton, Contracts Analyst, and received at City of Springfield, City Hall, Development and Public Works, “Southeast Quad”, 225 Fifth St. Springfield, Oregon, 97477 at, or before, the time and date noted on the Invitation to Bidders, after which time the Bids will be publicly opened and read aloud.

All Bids shall be on the form furnished by the City, and in addition to necessary unit price items and total prices in the column of totals to make a complete Bid, all applicable blanks giving general information must be filled in and the Bids signed by an officer or duly authorized representative of the Bidder. The only exceptions to this requirement are the Performance Bond, Payment Bond and the Contract documents which are provided here as a reference. However, if you are awarded the Bid, you will be required to submit fully executed copies of these documents upon request.

5.2 First Tier Subcontractor Statement

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). If the total Bid price for the contract exceeds $100,000, the Bidder shall submit on the form provided (within two working hours of the date and time of when the bids are due), a list of all first-tier subcontractors (those entities that would be contracting directly with the prime Contractor) which will be furnishing labor or material on the Contract whose subcontract value would be equal to or greater than 5 percent of the total Bid price, but at least $15,000. Also, any Subcontractor with a subcontract value greater than $350,000, regardless of the percentage of the total Bid price, must be listed. The following information must be listed: a) The Subcontractor’s name and address, b) The Subcontractor’s Construction Contractor Board registration number, if one is required, and c) The subcontract dollar value. If no subcontractors are being used that are subject to the above disclosure requirements, the Bidder is required to indicate “None” on the accompanying form. The form may be submitted with the Bid or may be submitted separately in a separate envelope from the Bid within two hours after the bid opening. The envelope containing the form should be marked “Subcontractor Disclosure Form Submitted for Project PXXXXX” and should also be marked with the name of the Bidder.

5.3 Non-Discrimination

Pursuant to ORS 279A.110, that the bidder has not discriminated and will not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business in obtaining any required subcontracts.

The bidder understands that it may be disqualified from bidding on this public improvement project if the Agency finds that the bidder has violated subsection (1) of ORS 279A.110. The Bidder certifies that it has a written policy and practice that meets the requirements described in ORS 279A.112 (House Bill 3060, 2017) of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

5.4 Non-Collusion

The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder except as disclosed on

Page 4 of 6 ITB5-BIL vRev10 /2024 a separately attached statement. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid has been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the opening of bids. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. This bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. The bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act, prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract except as described on a separately attached statement. The bidder understands and acknowledges that the above representations are material and important and will be relied on by the Agency, in awarding the contract(s) for which this bid is submitted. The bidder understands that any misstatement in this certification is and shall be treated as fraudulent concealment from the Agency, of the true facts relating to the submission of bids for this contract.

5.5 Compliance With Oregon Tax Laws:

By signature on this bid, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of bidder, that the undersigned has authority and knowledge regarding bidder’s payment of taxes, and that bidder is, to the best of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 320.005 to 320.150 (Amusement Device Taxes), ORS 403.200 to 403.250 (Tax For Emergency Communications), and ORS Chapters 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 321 (Timber And Forestland Tax), and 323 (Cigarettes And Tobacco Products Tax), and any local taxes administered by the Department of Revenue under ORS 305.620.

5.6 Withdrawal, Modification, or Alteration of Bid

A Bid may be withdrawn on written or telegraphic request of the Bidder prior to the scheduled closing time for filing Bids. No Bidder may withdraw its Bid or any portion thereof after the time set for the opening of Bids until a Contract has been awarded and executed or until sixty (60) days have elapsed since the Bid opening. Negligence on the part of the Bidder in preparing its Bid confers no right to withdraw its Bid after the scheduled closing time for filing Bids.

Prior to the scheduled closing time for filing Bids, changes may be made provided the changes are initialed by the Bidder or its Agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to the City will prevail.

5.7 Late Bids

Bids received after the scheduled closing time for filing Bids as set forth in the Invitation to Bidders will be rejected and returned unopened to the Bidder unless such closing time is extended by the City.

5.8 References

In order to comply with the requirements of ORS279C.375 regarding the determination of bidder responsibility, completion of the Financial Responsibility Form included in the Invitation to Bid documents must be completed in full. The City will use the information provided to ascertain the financial responsibility of the bidder as it pertains to the specific criteria to be considered prior to award of a public works contract.

The City reserves the right to investigate the references, financial capacity, credit history and past

Page 5 of 6 ITB5-BIL Rev10 /2024 performance of any Bidder, including service(s) provided to City of Springfield, with respect to their successful performance on other projects; compliance with specifications and contractual obligations;

expertise regarding the completion and submission of Certified Payroll Reports; completion or delivery of a project on schedule and within budget; and its lawful payment of suppliers, subcontractors and workers.

The City reserves the right to use any information or reference that may be discovered in evaluating any bid. The City reserves the right to find a bid to be nonresponsive for failure or refusal of bidder to provide all information in a timely manner, as requested. The city may postpone issuance of a Notice of Intent to Award in order to complete its investigation. The City reserves the right to reject any bid at any time prior to the City’s execution of a Contract in the event reference checks prove unsatisfactory. The City’s investigation may include Bidder’s previous business entities of the principals involved. If more than one Bidder is involved the City may investigate each entity. In the event that the city requests information from the Bidder the completeness of the information submitted, its veracity and the extent to which it has been independently verified will impact the City’s decision.

5.9 Bid Ownership

All material submitted by the Contractor shall be considered the property of the City, and as such, shall not be returned to the Contractor after the deadline for submission of the Bid in question has passed.

After opening, all bids will become part of the public record unless exempt under Oregon Public Records Law, see ORS 192.501, ORS 192.502 and ORS 279C.340.

5.10 Rejection of Bids

The City reserves the right to reject any or all Bids in whole, or in part, or to waive irregularities not affecting substantial rights.

General or evasive replies will be considered grounds for rejection of the Bid as incomplete. The successful Bidder may be required to appear before the City Council and submit satisfactory evidence that he or she has the necessary capital and is qualified and prepared to prosecute the work to the full satisfaction of the Engineer.

The City also reserves the right to reject any Bid which is 10 percent greater or 20 percent less than the Engineer’s estimate or any Bid which contains item bids which vary more than 30 percent plus or minus from the Engineer’s item bid estimate.

6. Payments by Contractor

6.1 Wages

It is agreed that if this project qualifies under Oregon law as a prevailing wage rate public works project, each worker in each trade or occupation employed in the performance of this Contract—whether by the Contractor, a Subcontractor, or any other person performing any portion of the work—shall be paid not less than the applicable prevailing wage rate.

If this project is funded in whole or in part by both state and federal funds and is subject to the Davis-Bacon Act, the applicable prevailing wage rate shall be the higher of the federal or state prevailing rate for each classification of labor.

Prevailing wage payments shall include both hourly wages and fringe benefits, as required, for each classification in the locality where the work is performed.

The state prevailing wage rate is the rate in effect at the time the initial specifications were first advertised for bid solicitation, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815. The federal prevailing wage is determined by the U.S. Department of Labor under the Davis-Bacon Act.

6.2 Certification

Page 6 of 6 ITB5-BIL Rev10 /2024

No Bid will be received or considered by the City unless the Bid contains a statement by the Bidder as part of the Bid that the Bidder shall comply with provisions regarding prevailing rates of wages required by

ORS 279C.840.

{00026318:1}

REV JAN 2022

PUBLIC IMPROVEMENT CONTRACT

FOR USE WITH OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION

PROJECT #P51073

Dated:

Parties: City of Springfield “CITY”

A Municipal Corporation of the State of Oregon 225 5th Street Springfield, OR 97477 and

“Contractor”

Additional Contractor Information:

a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation

b) Address:

c) Telephone:

d) Fax No:

e) If Applicable, Listed among the Parties Excluded from Federal Procurement or Non-

Procurement Programs found at: https://www.sam.gov/portal/public/SAM/: Yes No

City Account Number(s) To Be Charged (Include Percentages):

Account Number Percentage

RECITALS

Contractor was the successful bidder for the contract for the construction of the public improvement project described in the plans and specifications for the project that were included in the bid documents and the 2024 Oregon Standard Specifications for Construction, issued by the Oregon Department of Transportation, as modified by the City’s Amendments to the Specifications for the Project and any other Supplemental Specifications and Special Provisions included in the Bid Documents (all specifications, plans, Standard Drawings, Supplemental Specifications and Special Provisions included in the Contract are collectively referred to herein as the “Specifications”) which form a part of the Contract.

AGREEMENT

1. The Contract. The Contract between the City and Contractor (the “Contract”) includes this Document and its exhibits, together with all of the documents and materials included in the definition of the “Contract Documents” in 00110.20 of the Specifications. In addition, the Contract between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract documents.

This Document includes and incorporates the following Exhibits:

Exhibit A - Solicitation Documents.

2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms which are not proper nouns shall have the meanings assigned thereto in the Specifications.

3. Project. The project is generally described as:

The proposed work involves ongoing landscape maintenance of the green infrastructure along the Franklin Boulevard roundabout, as specified in the Invitation to Bid. The contract includes a two-year base term, with the possibility of up to three one-year extensions, for a maximum duration of five years.

The selected contractor will be responsible for maintaining the area in a consistently clean, orderly, and visually appealing condition while adhering to all applicable safety standards, environmental regulations, traffic control requirements, and jurisdictional guidelines. The City will perform routine inspections and annual evaluations to ensure compliance with performance expectations throughout the term of the contract.

4. Work to be Performed. Contractor agrees to furnish all services, labor, materials and equipment for and to construct the improvement listed above (the “Project”), according to the Bid Documents (“the Work”) and according to the provisions of the Contract. All parts of the Work are the sole responsibility of Contractor.

5. Time of Commencement and Completion. Time is of the Essence of the Contract.

The time in which Contractor shall commence, prosecute and complete the Work is described in Section 00180 of the Specifications.

6. Contract Amount. The Contract Amount is $__________ and consists of unit prices bid by Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on Contractor’s Bid attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders and adjustments made in accordance with the Specifications. Payment will be made as provided in the Specifications.

7. Indemnification and Hold Harmless. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel approved by City) and hold harmless the parties as described in 00170.72 of the Specifications.

8. Insurance. Contractor shall maintain in force for the duration of the Contract the insurance coverages specified in 00170.70 of the Specifications. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase Contractor's coverages by the amount of the statutory limit increase for such claims and to increase the aggregate coverage by an amount that is twice as large as the statutory increase. The adequacy of all insurance required under the Contract shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by the Contract shall be cause for immediate termination of the Contract by City.

8.1. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence.

8.2. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Contractor shall provide written notice to the City contract manager within two days after the Contractor becomes aware that their coverage has been canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said notice or email it directly to City Finance Department at purchasing@springfield-or.gov.

Regardless of what circumstances cause Contractor’s insurance coverage to cease or be modified, it is the Contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.

9. Performance and Payment Bonds. Prior to the commencement of the Work, Contractor shall provide good and sufficient performance and payment bonds as described in 00130.40 of the Specifications for approval by City and in the form of the bonds included in the Solicitation Documents.

10. Termination and Suspension. City may terminate the Contract or suspend the Work at any time as provided in 00180 of the Specifications.

11. Nonresident Contractors.

11.1. When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.

11.2. As used in this paragraph, “nonresident contractor” means a contractor that: (A) has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract,

(B) does not have a business address in this state and (C) stated in the bid for the contract that it was not a “resident bidder” under ORS 279A.120.

12. Default; Remedies. Upon Contractor’s default or if in the public interest, City may terminate the Contract and take all other remedial actions available to City, as further specified in the 00180.90 of the Specifications. Without limiting the City’s right to disqualify Contractor pursuant to ORS279C.440, if Contractor willfully violates any of the provisions of sections EC 4.615 to 4.650 of The Eugene Code, 1971 or any of the provisions of State law or City’s administrative rules governing public contracts, or if Contractor knowingly files false affidavits or certificates of compliance required under the Contract, Contractor shall waive for a period of one year any right to bid upon any public improvement project let by City. City's claims for damages and any other equitable relief available to City resulting from Contractor's breach shall survive a termination of the Contract.

13. Liquidated Damages. In the event the Work is not completed within the contract time as specified in the Contract, Contractor shall pay to City liquidated damages, as further specified in 00180.85 of the Specifications.

14. Notices. Any written notices permitted or required by the Contract shall be delivered according to 00150.30 of the Specifications to the attention of the representatives of the parties set for below, or such other address and/or numbers as either party may provide to the other by notice given in accordance with this provision.

Contractor: [Add contractor name, address, phone, fax or email]

City: [City staff name and email, address, phone number]

15. Contract Documents; Interpretation. Where possible, all parts of the Contract shall be interpreted in a manner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the discrepancy will be resolved in the order of precedence in

00150.10 of the Specifications.

16. Dispute Resolution. All disagreements, protests, and claims relating to the Contract, including claims for additional compensation and time for performance and completion of the Work, must be resolved according to section 00199 of the Specifications.

17. Venue & Choice of Law. The Contract shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. If federal funding is included in the Contract, applicable Federal requirements govern in the event of conflicts among Federal, State and local laws. Any dispute between the Agency and the Contractor that arises from or relates to this Contract and is not resolved under the provisions of 00199 of the Specifications, shall be brought in the forum described in 00170.00.

18. Force Majeure. If Contractor is delayed by reason of weather, fire, riot, strikes, acts of

God or other circumstances beyond Contractor’s reasonable control, City may terminate this Agreement in writing to Contractor after determining such delay or default will unreasonably prevent successful performance of the Contract. If City elects not to terminate the Contract, Contractor will be entitled to additional time to complete the Contract equal to that lost by an or all of the above causes.

19. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; the rights and obligations of the parties will be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.

20. Waiver. Failure of City to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by City of the right to such performance in the future nor of the right to enforce any other provision of this Agreement.

21. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of City. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court.

22. Assignment/Subcontract. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of City. No such written approval shall relieve Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred.

23. Compliance with All Government Regulations. Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement.

Damages or costs resulting from noncompliance shall be the sole responsibility of Contractor. This section includes, but is not limited to, compliance with all applicable requirements of Federal and State civil rights statutes, rules, and regulations, and all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.

24. Construction of Agreement. This Contract shall not be construed more favorably to

City due to the preparation of this Contract by City. The headings and subheadings in this Contract are for convenience, do not form a part of this Contract, and shall not be used in construing this Contract.

25. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein.

26. Third Party Beneficiaries. The parties to the Contract do not intend to confer on any third party any rights under the Contract, except as otherwise described in 00170.79 of the Specifications. All Subcontractors are third parties.

27. Survival. Any obligation arising under the Contract which is not, or cannot be performed or paid prior to the expiration or termination of the Contract, including, but not limited to, all provisions concerning the quality of the Work, warranties and obligations for payment, indemnification, and reimbursement, shall survive termination or expiration of the Contract.

CITY OF SPRINGFIELD: CONTRACTOR:

By: By:

Name: Name:

Title: Title:

Date: Date:

City of Springfield Public Contract Addendum Required Contract Terms Under ORS 279B – Goods, Services, and Personal Services

Pursuant to Oregon law, this public contract includes the following terms and conditions, when applicable:

1. The contractor must make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1).

2. The contractor must pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2).

3. That contractor must not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS

279B.220(3).

4. The contractor must pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS

279B.220(4).

5. If the agreement is for lawn and landscape maintenance, Contractor must salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.

6. The contractor must promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017.

ORS 279B.230.

7. A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay:

a. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or

b. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and

c. For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.

8. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2).

9. If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3).

10. If the contract is for services, persons employed under contracts shall receive…