Pettit Trail Construction

Pettit Trail Construction

Construction

PN24-1089 Pettit Trail Construction February 17, 2026 PAGE 1 OF 139


PROJECT DOCUMENTS
Pettit Trail Construction







PROJECT NO: PN24-1089
DATE OF ISSUANCE: 2/17/2026
PROJECT TYPE: Public Works Parks Capital
BIDS DUE BY (BID CLOSING): 3/12/2026 2PM (PST)
CITY PROJECT MANAGER: Mike Dahlberg, Public Works
Operations Manager
PM CONTACT INFORMATION: mdahlberg@silverton.or.us , 503-874-2209



CITY OF SILVERTON
Public Works Department
410 N. Water Street
Silverton, Oregon 97381

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TABLE OF CONTENTS

Section Title Page Number
SECTION 1 Invitation to Bid .............................................................................................. 3
SECTION 2 Information for Bidders and Instructions To Bidders .................................... 7
SECTION 3 Bid Form ....................................................................................................... 27
SECTION 4 Bid Bond ....................................................................................................... 42
SECTION 5 Agreement .................................................................................................... 43
SECTION 6 Performance Bond, Payment Bond .............................................................. 51
SECTION 7 Certificate of Insurance ................................................................................ 58
SECTION 8 Prevailing Wage Rates (Boli) For Public Works Contracts In Oregon ........... 59
SECTION 9 Supplementary Conditions/Special Provisions ............................................ 60
SECTION 10 General Conditions ....................................................................................... 62
SECTION 11 Technical Specifications ........................................... After General Conditions
SECTION 12 Drawings ........................................................... After Technical Specifications

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SECTION 1
INVITATION TO BID

I. Pettit Trail Construction:
The City of Silverton is seeking bids to construct a new recreation pathway that will start from the
Oregon Gardens and extend to the Pettit property encompassing the lake. This pathway is
approximately 1 mile that includes recreational amenities and a foot bridge that will need to be
installed at the stream entering the lake.


Pettit Trail Construction

II. SCHEDULE

Documents Available February 17, 2026
Pre-bid Meeting (Mandatory) February 24, 2026 10 AM (PST)
Bids Due (Bid Closing): March 12, 2026 @ 2PM (PST)
First-Tier Subcontractor Disclosure Form Due
(2 hours after Bid Closing): March 12, 2026 @ 4PM (PST)
Anticipated Notice of Award: March 19, 2026
Project Completion: October 7, 2026

NOTE: The City reserves the right to modify this schedule at the City’s discretion. Proper notification of
changes will be made to all interested parties via the City’s website www.silverton.or.us.

III. CONTRACTOR RESPONSIBILITIES AND DUTIES
Aa
All Bidders must be qualified and licensed in Oregon to provide the goods and construction services requested
in this document. Bidders shall have provided products and services similar to those listed in Scope of Work
section for commercial and/or municipal customers. Bidders are required to submit document ation as
outlined in this document, related to their ability to provide quality products and services for the identified
Scope of Work.

IV. BID REQUIREMENTS AND SELECTION PROCESS

Pre-Bid Site Visit
Mandatory pre-bid meeting will be held February 24, 2026 @ 10 AM (PST) . This meeting will be held at
Silverton City Hall 410 N. Water St Silverton OR 97381 in Room 156 on the first floor.
Pre-Submission Questions
All questions related to the project must be directed to the Project Manager no later than 7 calendar days
prior to bid Due
March 12, 2026, at 2:00 p.m. Questions must be submitted via e -mail to Mike Dahlberg at
mdahlberg@silverton.or.us

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Contact with City Staff
The City’s Project Manager is Mike Dahlberg and may be contacted at mdahlberg@silverton.or.us , or 503-
874-2209. Communicating with other City staff or authority for information other than the Project Manager
or assigned Designee may result in disqualification of bid.

Addenda
Addenda are incorporated with the original solicitation as an attachment and can be viewed and downloaded
by registered bidders and/or suppliers. Bidders should consult the City of Silverton website,
www.silverton.or.us, regularly until closing to avoid missing any Addenda.

Bid Withdrawal
Any bid may be withdrawn at any time before the “Bids Due” date and time specified in the Schedule, by
providing written request for the withdrawal of the bid to the City. The bid withdrawal request shall be
executed by a duly authorized representative of the firm. Withdrawal of a bid will not prejudice the right of
the Bidder to file a new bid prior to the bid submission deadline.

Sealed Bids, Labeling and Content Requirements
Bids must be in a sealed envelope and identified per the “Bid Submission” requirements, containing.
Please list any of special bid content requirements ( i.e. list of previous jobs, cover letter, using an attached
bid form, etc.).

Bid Submission
Bids shall be hand carried and/or delivered by mail (prior to bid closing date and time). Late bids will not be
opened.

Pettit Trail Construction
City of Silverton
410 N. Water St.
Silverton, OR 97381

The City shall not be responsible for the proper handling of any proposal not properly identified, marked and
submitted in a timely manner. Proposals received after the date/time for bid Closing will not be opened or
considered for award.

The City will hold the bid opening at the Silverton City Hall on March 12, 2026, at 2:00 PM located at 410 N.
Water Street, Silverton, OR 97381.

Period for Bids to Remain Open
The City reserves the right to postpone the award for up to 70 days from the date and time of the bid
closing (bids submitted by all bidders shall remain open and all bid prices shall remain valid for this period),
to delete certain items from the bid, and to award the contract to the lowest responsive and responsible
bidder. The City may, in its sole discretion, release any bid and return the Bid Security prior to that date,
subject to the provisions and limitations under OAR 137.049.0290(4).

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V. GENERAL INFORMATION

Public Records
This bid will be made a part of a file open to public inspection pursuant with timeframes under OAR 137-049-
0330(3) (i.e.. bid proposals are not required to be available for public inspection until after the “notice of intent
to award” a contract is issued by or on behalf of the contracting agency, see also ORS 279C.410.1.b).

If a bid contains any information that is considered a trade secret under ORS 192.501(2), each sheet of such
information must be marked with the following legend:

“This data constitutes a trade secret and shall not be disclosed except in accordance with the Oregon Public
Records Law, ORS Chapter 192.”

Nondisclosure of documents or any portion of a document submitted as part of a bid may depend upon
official or judicial determinations made pursuant to the Oregon Public Records Law. The above restriction
may not include cost or price information, which must be open to public inspection.

Identifying the bid in whole as a trade secret is not acceptable. Failure to identify a portion of the bid as a
trade secret shall be deemed a waiver of any future claim of that information as a trade secret.

Reimbursement
All costs for preparation of bids and participation in interviews to secure this project are the Bidder’s
responsibility.

Contract Award
The City will award a contract to the lowest responsive, responsible bidder . The selected Bidder will be
required to assume responsibility for all services outlined in the ITB and/or bid documents , whether the
Bidder or a representative of the Bidder produces them. The City considers the selected Bidder responsible
for any and all contractual matters. The successful Bidder shall be required to execute a Public Works
Contract in the form and format contained in Section 5.

VI. SCOPE OF WORK

Project Completion Date
The project must be completed no later than October 7, 2026, unless otherwise agreed upon, in writing, by
the City and the Successful Bidder.

Examination of Contract Documents and Project Site
Project Site is located at locations within or adjacent to Silverton, Oregon, 97381 , as indicated in the bid
documents. Each Bidder is solely responsible for all of the Invitation to Bid documents and the examination
of the Project Site(s) prior to submittal of bid. Documents are available for download on the City of Silverton
website, www.silverton.or.us, or for viewing by appointment only by contacting the Public Works Project
Manager at 503-874-2206.

City special obligations under this contract (other than obligations listed in Contract Documents or the
General Conditions) include:
• Project inspections

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General Description of Project Scope:
• Complete project in it’s entirety
• General contractor and sub-contractors will obtain City of Silverton Business License.

Warranty:
Successful Bidder shall warranty work product to be free from defects due to poor craftsmanship or
materials for a minimum of two (2) years, or the duration of the specified warranty period,
whichever is longer. The Bidder’s craftsmanship warranty is in addition to any material warranty
provided by manufacturer of materials used in construction. All warranty work shall be provided
without transportation charges or travel expenses. The warranty period begins after project
construction and/or goods are accepted in writing by the City as substantially complete.

Bonds and Insurance
The Bidder shall furnish performance and payment bonds, each in an amount at least equal to 100 percent
(100%) of the contract price as security for the faithful performance and payment of all Bidder obligations.
These bonds shall remain In effect at least one year after the date when final payment is due, or the duration
of the specified warranty period, whichever is longer.

The Bidder shall deliver to the City certificates of insurance as specified in Section 7 . The City , including
respective agents, officers and employees shall be named additional insured.

References
The Bidder shall furnish at least three (3) references of comparable and previously completed projects,
including the project owner’s name and phone number.

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SECTION 2 -
INFORMATION FOR BIDDERS & INSTRUCTIONS TO BIDDERS

2.1 BIDDER'S QUALIFICATIONS:

Contractor & Subcontractor Registration Required: No bids for construction contracts shall be
received or considered by the City unless the bidder and all listed subcontractors are licensed (at
the time bids are submitted) with the Oregon Construction Contractors Board or licensed by the
State Landscape Contractors Board as required by ORS 671.530. Registration “at the time the offer
is made” is a matter of bid responsiveness per OAR 137-049-0230(3).
Per ORS 701.005(5)(a), ORS 701.021(1) and ORS 701.026(1), it is the bidder’s responsibility to
ensure that all subcontractors comply with the statutory requirement to be licensed through the
Oregon Construction Contractor Board (CCB) in order to “undertake, offer to undertake or submit
a bid to do work” in the State of Oregon (see OAR 137-049-0230(2) for landscape subcontractors).

Local Licensing. Prior to the start of the work, the Contractor shall register for and obtain a local
business and/or other licenses required by City code.


BOLI Public Works Bond: Pursuant to ORS 279C.830(2), the Contractor and every subcontractor
must have a Public Works bond filed with the Construction Contractors Board before starting work
on the project, unless exempt under ORS 279C.836(4), (7), (8) or (9). This BOLI Public Works bond
is in addition to performance bond and payment bond requirements (or any other bond required),
per ORS 279C.836(5).

A photocopy of the Contractor’s BOLI Public Works bond shall be provided with the executed
contract documents (unless exempted as noted above, in which case the exact nature and reason
for the exemption shall be documented).

Per ORS 279C.836(4) & (8), projects which are exempt from prevailing wages do not need to
provide a photocopy of the BOLI Public Works Bond with the executed contract documents.

Contractors claiming an exemption under ORS 279C.836(7) (which exemption expires 4 years after
a qualified MBE/DBE/SBE is certified, per ORS 279C.836(7)(d)), a copy of the written notice
provided to the CCB “that the enterprise or business elects not to file the bond” shall be provided
with the executed contract documents.

2.2 EXAMINATION OF THE CONTRACT DOCUMENTS AND WORK SITE:

Bidders should carefully examine the bid and contract documents and familiarize themselves with
the work site to fully acquaint themselves with all the conditions and matters which can in any way
affect the work or the cost thereof.

Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general

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conditions, specifications, drawings, plans, addenda (if any), any tests and/or reports, and all other
Contract Documents. The submission of a bid shall constitute an acknowledgment upon which the
City may rely, that the bidder is experienced in the uses and interpretation of plans and
specifications such as those included in the Contract Documents and has thoroughly examined and is
familiar with the Contract Documents.

The failure or neglect of a bidder to receive or examine any of the Contract Documents, perform site
investigations and/or other investigations or examinations shall in no way relieve the bidder from
any obligations with respect to the bid or the contract. No claim for additional compensation will be
allowed which is based upon a lack of knowledge of any Contract Documents or existing site
conditions.

All questions about the meaning or intent of the Bidding Documents are to be submitted in writing
to the Project Manager listed in the Invitation to Bid. Interpretations or clarifications considered
necessary by the Project Manager in response to such questions will be issued by Addenda delivered
to all parties recorded as having received the Bidding Documents. Questions received less than 7
calendar days prior to the date for opening of Bids may not be answered. Only questions answered
by Addenda will be binding. Oral and other interpretations or clarifications will be without legal
effect.

2.3 CONTRACTOR'S RESPONSIBILITY:

It is understood that the specifications and other contract documents do not, in general, purport to
control the means or method of performing the work, but only the requirements as to the nature of
the completed work. The Contractor assumes the entire responsibility for the means and method of
performing and installing the work. Suggestions as to the means or method included in the contract
documents shall be deemed advisory only and the feasibility of such methods or the lack thereof shall
not affect the Contractor's liability or s tatus as an independent Contractor to complete the work
under this contract.

2.4 LAWS AND REGULATIONS:

The bidder is assumed to be familiar with all Federal, State, County or City laws or regulations, which
in any manner affect those engaged or employed in the work or the materials or equipment used in
the proposed construction, or which in any way affect the conduct of the work, and no plea of
misunderstanding will be considered on account of ignorance thereof. If the bidder shall discover
any provision in these specifications, plans or contract documents which is contrary to or inconsistent
with any law or regulations, he or she shall immediately report it to the City Project Manager in
writing.

2.5 WAGE RATES:

In accordance with ORS 279C.365(1)(g), no bid will be received or considered for award by the City
unless the bidder’s bid included a certification that the provisions of ORS 279C.840 (relating to
Oregon prevailing wages) will be complied with, as applicable.

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For projects which meet or exceed the current dollar limit set by statute, Contractor must pay the
current prevailing wage rates as established by the Bureau of Labor and in accordance with ORS
279C.800 – 279C.870 and contained herein, including daily, weekly, weekend and holiday overtime
as required.

2.6 CONTRACT TIMES:

The contract time will commence to run on the day indicated in the Notice to Proceed (NTP). Work
is to commence within ten (10) days of the date of issuance of the Notice to Proceed and shall be
substantially complete for all schedules awarded, within _____185___ calendar days after issuance
of the Notice to Proceed.

Unless otherwise specified in the Contract Documents or otherwise approved by the City in
accordance with the General Conditions of the Contract Documents, all work shall be entirely
completed (Final Completion) and ready for final payment within fifteen (15) calendar days after the
contract time or date specified herein for substantial completion. This requirement shall apply
independently to each portion or schedules of the work which do not have a common date of
substantial completion.

2.7 LIQUIDATED DAMAGES, ETC.:


The completion of this project is important to the City for public health, safety and welfare. If
completion is not timely, the City will be damaged. The parties, therefore, agree that liquidated
damages (LDs) in the amounts listed in the Agreement, accruing on a daily basis, are part of the
consideration for the bid and that this amount is a reasonable estimate of the amount of such
damages which will likely be incurred by the City (both parties also agree that such liquidated
damages are not a penalty) . The parties agree that this amount of liquidated damages is a
reasonable forecast of just compensation for the harm caused to the City by the failure of the
Contractor to complete the work within the specified contract time(s), since this harm (ie. actual
damages) is impossible or very difficult to estimate with certainty in advance.

The Contractor shall also be subject to liquidated damages for failure to provide written proposals
to the City’s Representative in a timely manner (ie. for contemplated changes to the work, or
changes to the work directed by the City’s Representative), as summarized under GC 10.01.B & SC
10.01.B.1 & 2. Once again, these liquidated damages are not a penalty, but simply an estimate of
the additional time and expense which will be incurred by the City due to the Contractor’s failure to
provide the requested information within the specified timeframe.

Substantial Completion LDs. Liquidated damages shall apply against the successful bidder (the
Contractor) and accrue to the City at the rate(s) specified in the Agreement for each and every day
that expires after the contract time or date specified for Substantial Completion, for each phase or
schedule of the project which has a separate substantial completion time or date.

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Final Completion LDs. After the contract Substantial Completion date or time, if the Contractor shall
neglect, refuse, or fail to complete the remaining work within the Contract Time for Final Completion
or any proper extension thereof granted by the City, liquidated damages shall apply against the
successful bidder (the Contractor) and accrue to the City at the rate(s) specified in the Agreement
for each and every day that expires after the contract time or date specified for Final Completion
(ie. time specified beyond the contract substantial completion time or date, for the work to be
complete and ready for final payment).

Additional Offsets. Additional offsets may be retained by the City if required to address specified
conditions included under GC 14.02.B or GC 14.02.D, including (but not limited to) amounts to
account for Contractor liability for liquidated damages if the project exceeds the specified contract
time period(s).

2.8 BID SECURITY:

Bid security shall be submitted with the Bid Proposal and failure to submit shall be cause for
rejection of the bid. The bidder, at his or her option, shall furnish a bid bond, cashier's check or a
certified check made to the City of Silverton for an amount equal to no less than ten (10) percent of
the total amount of the bid. Security deposited by unsuccessful bidders will be returned as soon as
practicable after the bid opening. Said bonds shall be in the form herein prescribed or approved
substitute form and shall be the surety bonds of an incorporated surety company licensed to
transact surety business in the State of Oregon, and said bonds shall be in all respects satisfactory
and acceptable to ORS 279.C.365(5).

2.9 PREPARATION OF BIDS:

Bidders must submit their proposals on the Bid Form attached hereto. The blank spaces in the
proposal must be filled in correctly where indicated for each and every item for which a quantity is
given, and the bidders must state the unit prices, typed or written in ink. Any correction to entries
made on the proposal forms shall be initialed by the person signing the proposal. In case of
discrepancy between the unit prices and amounts, the unit prices will govern.

Alternative bids will not be considered unless specifically called for. Bids must be mailed, or hand
delivered to City Hall (410 N Water Street, Silverton, OR 97381).

Each bidder represents that their bid is based upon the specific material installation and equipment
requirements, described in the Bidding Documents.

No substitutions will be considered unless a written request has been submitted to the City Project
Manager a minimum of 7 calendar days prior to the closing date for bids (see 2.2). Each such request
shall include a complete description of the proposed substitute, and any other data or information
necessary for a complete evaluation. Substitutions will be accepted only with the understanding that
the supplier guarantees the substituted material or equipment to be equal or better than that
specified and meets all requirements of the Specifications.

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Accepted substitutes will be listed in addenda mailed or delivered to each person or firm recorded
by the Project Manager as having received the Bidding Documents and will be available for
inspection at the City of Silverton, City Hall 410 N. Water St. Silverton, OR 97381.

2.10 SPECIFICATION LIMITING COMPETITION:

Bidders may comment on any specification or requirement contained within this Bid which they feel
limits competition in the selection of a bid to perform the services herein defined. Protests shall
detail the reasons and any proposed changes to the specifications. Such comments shall be formal
in writing and are to be addressed to Mike Dahlberg , Public Works Operations Manager, at
mdahlberg@silverton.or.us .

Such comments shall be submitted no later than 7 calendar days before the bid closing date. No
comments will be accepted after that time. Any substitutions for items specified will not be accepted
without prior written approval of the Project Manager.

2.11 SUBMISSION OF BIDS:

Sealed bids must be submitted in the manner and/or to the location as designated in the Invitation
to Bid, by the bid closing time. Faxed or electronically mailed (email) bids will not be accepted.
Submitted bids shall be accompanied by a bid security (bid bond) as noted herein, and all other
specified forms.

2.12 BASIS OF BID:

Bidders shall submit a Bid for each item of Work listed in the Schedule of Values in the Bid Form.

2.13 SELF-PERFORMANCE REQUIREMENTS:

The percentage of the work under this project which must be self-performed by the Contractor is
specified herein. Unless otherwise noted in the Supplementary General Conditions, the General
Contractor (ie. successful Bidder) shall not award work valued at more than fifty (50%) percent of
the Contract Price to subcontractor(s). The Owner may, at its option, require documentation from
the Contractor after bid opening or during construction to demonstrate compliance with this
requirement.

2.14 SUBCONTRACTOR DICLOSURE FORMS:

When the contract value for a public improvement is greater than $100,000, bidders are required
to disclose information about first-tier subcontractors who will furnish labor or labor and materials
(see ORS 279C.370).

Within two working hours of the date and time of the deadline when the bids are due to the City for
a public improvement, the bidder shall submit to the City a disclosure of the first-tier subcontractors
that (A) will be furnishing labor, or will be furnishing labor and materials in connection with the

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public improvement, 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. The disclosure of first- tier subcontractors shall include the name of each
subcontractor, the category of work that each subcontractor will perform, and the dollar value of
each subcontract. See the form provided in Section 3.

The City shall consider the bid of any contractor that does not submit a subcontractor disclosure to
the City to be a non -responsive bid and may not award the contract to the contractor. The City is
not required to determine the accuracy or the completeness of the subcontractor disclosure.

2.15 RECEIPT AND OPENING OF BIDS:

Bids shall be submitted prior to the time fixed in the Invitation to Bid. Bids received after the time
designated will be considered late bids and will be returned unopened. No responsibility will be
attached to any official of the City for the premature opening of, or the failure to open, a bid not
properly addressed and identified.

2.16 WITHDRAWAL OF BIDS:

A Bid may be withdrawn by an appropriate notice document duly executed in the same manner that
a Bid must be executed and delivered to the place where Bids are to be submitted, with the written
notice to be submitted prior to the date and time for the opening of Bids. Upon receipt of such
written notice, the unopened Bid will be returned to the Bidder.

If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid and
submit a new Bid prior to the date and time for the opening of Bids.

2.17 MISTAKES:
If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with City and
promptly thereafter demonstrates to the reasonable satisfaction of City that there was a material
and substantial mistake in the preparation of its Bid as specified by OAR 137 -049-0350(2)(c), that
Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid,
that Bidder will be disqualified from further bidding on the Work.

2.18 PRESENCE OF BIDDERS AT OPENING:

At the time and place fixed for opening of bids, the contents of all bids will be made public for the
information of all bidders and other interested parties who may be present in person, electronically,
or by representative.

2.19 BIDDERS INTERESTED IN MORE THAN ONE BID:

If more than one bid is offered by one party, or by any person or persons representing a party, all
such bids shall be rejected. A party who has quoted prices to a bidder who is thus rejected, is not
thereby disqualified from quoting prices to other bidders, or from submitting a direct bid on his or

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her own behalf.

2.20 EVALUATION OF BIDS, BASIS OF AWARD.

In accordance with ORS 279.395, the City reserves the right to reject any bid not in compliance
with all prescribed public contracting procedures and requirements, including the requirement to
demonstrate the Bidder’s responsibility under ORS 279C.375(3)(b), and may reject for good cause
any and all bids after finding that doing so is in the public interest.

The City reserves the right to waive any and all informalities (OAR 137-049-0350(2)(a&b)) and to
negotiate contract terms with the successful bidder, and the right to disregard all nonconforming,
nonresponsive or conditional bids. Discrepancies between words and figures will be resolved in
favor of words. Discrepancies between the indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum. Discrepancies between unit prices and
total price will be resolved in favor of the unit price.

The City reserves the right to delete certain bid items from the award, and/or to award or delete
bid alternates as the City deems appropriate and in the City’s best interest.

A responsive bid must conform to all bidding requirements, unless waived by the City as noted
herein.

Responsible bidder/offerer determination for public projects will be in accordance with OAR 137-
049-0390(2), as well as the criteria included on the “Public Contracts Responsible Bidder
Determination Form” on the Oregon CCB website.

In evaluating bids, the City will consider the qualifications and experience of the bidders, in
addition to whether or not the bids comply with the prescribed requirements and alternatives and
unit prices if requested in the Bid Forms. It is City's intent to accept alternatives (if any are
accepted) in the order in which they are listed in the Bid form but City may accept them in any
order or combination.

The City may consider the qualifications and experience of subcontractors and other person and
organizations (including those who are to furnish the principal items of material or equipment)
proposed for those portions of the work for which the identity of subcontractors and other
persons and organizations must be submitted as provided in the General or Supplementary
Conditions. Operating costs, maintenance considerations, performance data and guarantee of
materials and equipment may also be considered by the City.

The City reserves the right to reject the Bid of any bidder who does not pass any such evaluation to
City's satisfaction.

2.21 NOTICE OF INTENT TO AWARD, BID PROTEST PROCEDURE.

As provided by OAR 137-049-0395, notice of intent to award will be issued to all bidders, and any

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bid award protests must be submitted in writing and received no later than 4:00 p.m. seven (7)
calendar days after the date of issuance of the notice of intent to award (ie. if the Notice of Intent
to Award is dated and issued on a Friday, the bid award protest period ends at 4:00 p.m. on the
following Friday). Award will not become final until the latter of the seven (7) calendar days
following the issuance of the notice of intent to award, or until the City provides written response
to all timely filed protests that denies the protest and affirms the award. Solicitation protests must
be submitted prior to bid closing as specified in (and will be processed in accordance with) OAR 137-
049-0260. Bid award protests must be submitted (and will be processed) in accordance with OAR
137-049-0450.

2.22 RIGHT TO PROTEST (BID PROTEST).

Any actual bidder who is adversely affected or aggrieved by the City's Notice of Intent to Award to
another bidder on the same solicitation shall have seven (7) calendar days after Notice of Intent to
Award to submit to the City Project Manager a written protest of the award. The written protest
shall specify the grounds upon which the protest is based. In order to be an adversely affected or
aggrieved bidder with a right to submit a written protest, a bidder must be next in line for award
(i.e. the protester must claim that all higher rated bidders are ineligible for award because they are
non-responsive or non -responsible). The City will not entertain protests submitted after the time
period established in this rule.

2.23 REJECTION OF BIDS:

The City reserves the right to reject any and all bids. Bids may be rejected if they show any alteration
of form, admissions not called for, conditions or alternate bids, irregularities of any kind, or if they
contain a clause in which the bidder reserves the right to accept or reject a contract awarded to him
except as herein provided, or if they do not comply with prescribed public contracting procedures
and requirements including the requirement to demonstrate the bidders responsibility under ORS
279C.375(3)(b). Bids in which the prices are obviously unbalanced may be rejected.

The City reserves the right to waive any informality in bids received when such waiver is in the
interest of the City and allowed by state statute.
2.24 AWARD OF CONTRACT:

The contract will be awarded as soon as practicable to the lowest responsive, responsible bidder,
price and other factors considered, provided the bid is reasonable and it is to the interest of the
City. Award will be made to one bidder and one bidder only.

Contractor or individuals awarded a contract shall provide the City with a correct Department of the
Treasury Internal Revenue Service Tax Identification Number (TIN). In the event that the TIN is
incorrect or inconsistent with the Contractor's name as described in this contract, the City may
withhold taxes as required by law, or cancel or suspend further services under this contract, at the
City's option, until the discrepancy is corrected.

The acceptance of a bid shall bind the successful bidder to execute the contract.

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2.25 PAYMENT BOND & PERFORMANCE BOND, WARRANTY BOND:

Payment Bond & Performance Bond. To guarantee the faithful performance of the contract, the
successful bidder will be required to furnish a performance bond and a payment bond in an amount
equal to the full amount of the contract as amended. Said bonds shall be in the form herein
prescribed or approved substitute form and shall be the surety bonds of an incorporated surety
company licensed to transact surety business in the State of Oregon and said bonds shall be in all
respects satisfactory and acceptable to ORS 279C.380.

Warranty Bond. The Contractor also agrees that at the completion of the project and prior to
received final acceptance by the City, the Contractor shall provide the City with a Warranty Bond in
the amount of 20% of the contracted amount, which covers any defects in either materials or
workmanship, for a period of two year s from the date of substantial completion as determined by
the City.

2.26 EXECUTION OF THE CONTRACT:

The successful bidder shall, within ten calendar days from the date of receiving from the City the
contract prepared and ready for execution, furnish the City the corporate surety bonds specified
herein and enter into contract with the City. If the successful bidder fails to comply with any of the
requirements herein, the City may, at its option, determine that the bidder has abandoned the
contract and there upon the security accompanying this proposal shall be forfeited and the same
shall become the property of the City.

2.27 RETAINAGE:

To ensure the proper performance of this Contract, the City shall retain five percent (5%) of the
amount of each progress payment until Final Completion and acceptance of all work covered by the
Contract. Also see discussion above regarding potential additional offsets (ie. in addition to
retainage) allowed to be retained by the City, per GC 15.01.E.

As may be required by ORS 279C.845, Contractor or contractor’s surety and every subcontractor or
subcontractor’s surety shall file certified payroll statements with the Contracting Agency in writing.

-- If a contractor is required to file certified statements under ORS 279C.845, the Contracting Agency
shall retain 25% of any amount earned by the contractor on the public works project until the
contractor has filed with the Contracting Agency statement as required by ORS 279C.845. The
Contracting Agency shall pay the contractor the amount retained within 14 days after the contractor
files the required certified statements, regardless of whether a subcontractor has failed to file
certified statements required by statute. The Contracting Agency is not required to verify the truth
of the contents of certified statements filed by the contractor under this section and ORS 279C.845
(as a condition to release the 25% retainage).

-- The contractor shall retain 25% of any amount earned by a first -tier subcontractor on this public

PN24-1089 Pettit Trail Construction February 17, 2026 PAGE 16 OF 139

works contract until the subcontractor has filed with the Contracting Agency certified statements as
required by ORS 279C.845. The contractor shall verify that the first-tier subcontractor has filed the
certified statements before the contractor may pay the subcontractor any amount retained. The
contractor shall pay the first-tier subcontractor the amount retained within 14 days after the
subcontractor files the certified statements as required by ORS 279C.845. Neither the Contracting
Agency nor the contractor is required to verify the truth of the contents of certified statements filed
by a first-tier subcontractor (as a condition to release the 25% retainage).

The following language applies to all projects with a price that exceeds $500,000.
As required by ORS 279C.570(2), “If the contract price exceeds $500,000, the contracting agency
shall place amounts deducted as retainage into an interest-bearing escrow account. Interest on the
retainage amount accrues from the date the payment request is approved until the date the
retainage is paid to the contractor to which it is due.”

Recovery of Costs to Administer Retainage. Oregon law allows specific alternatives for the holding
and accounting of retainage at the Contractor’s election. If the City incurs additional costs as a result
of the Contractor’s election, the City may recover such costs from the Contractor, ORS 279C.560(3).
For projects exceeding $500,000, Contractor shall execute and submit any retainage election forms
which are included in the bidding or contract documents (prior to execution of the contract
agreement).

Additional Offsets. Over and above standard retainage (or if retainage is not withheld from
payments), additional offsets may be withheld as allowed under GC 15.01.E, and/or as summarized
above under Liquidated Damages.

2.28 POTENTIAL ADDITIONS OR CHANGES TO THE WORK:

At its sole discretion, the City reserves the right to make changes or additions to the work as
provided by OAR 137-049-0910, including but not limited to potential additional work consisting of
street or utility work within the service area of the City. Such changes, if requested by the City, will
be made in accordance with the contract change provisions contained in the Contract Documents.
This reservation of rights imposes no obligation on the City to make any additions or modifications
to the work.

2.29 Asbestos Abatement Notice as required by OAR 137-049-0200(a)(L):

This project does not include known friable asbestos abatement work, and therefore, the contractor
does not need to be licensed under ORS 468A.710 in order to submit a bid on this project. This does
not eliminate the requirement that any friable asbestos abatement work subsequently required due
to differing conditions discovered (ie. differing site condition), or expansion of the project scope,
must be done by an appropriately licensed contractor or subcontractor.

Any removal or abatement of non-friable asbestos material (including work on or around asbestos
cement pipe) must be performed in conformance with current DEQ regulations, including but not
limited to procedures summarized in the following documents (Contractor is responsible to obtain

PN24-1089 Pettit Trail Construction February 17, 2026 PAGE 17 OF 139

and review the most current versions of these documents & associated regulations from DEQ).

https://www.oregon.gov/deq/FilterDocs/06-NWR-009-ASBConstruction.pdf (“Asbestos Information”) .

https://www.oregon.gov/deq/Hazards-and-Cleanup/Documents/NonfriableACpipe.pdf (How to Remove
Nonfriable Asbestos Cement Pipe. A Guide for General Contractors to Meet DEQ Rules).

2.30 PRECONSTRUCTION CONFERENCE:

Subject to additional requirements summarized below and as may be included in specification sections,
requirements for a preconstruction meeting are included under GC 2.04. In addition to other
requirements, Contractor shall provide the following at or prior to the preconstruction conference:
overall bar-chart project schedule; listing of supervisory personnel and two emergency contact
persons; name of subcontractor(s) performing materials testing and/or special inspections; name of
subcontractor performing construction surveying; list of all subcontractors & major materials suppliers
(with contact information).

2.31 ENVIRONMENTAL AND NATURAL RESOURCES LAWS

In compliance with ORS 279C.525, lists of federal, state and local agencies of which the City has knowledge
that have enacted ordinances or regulations relating to environmental pollution and the preservation of
natural resources that may affect the performance of the Contract are listed in the 2021 Oregon Department
of Transportation Standard Specifications for Construction, Section 00170.01.

2.32 ENVIRONMENTAL INDEMNIFICATION

Contractor shall indemnify and hold Owner harmless, its agents and employees from and against, any and all
claims, costs, losses, damage, liabilities, penalties and fines arising out of or resulting from (i) the violation by
Contractor of any federal, state or local statute, law, rule, regulation, ordinance, order, permit or
governmental approval or authorization relating to the protection of the environment or human health,
safety, or welfare ("Environmental Law"); and (ii) any release, spill, discharge, or disposal of any "hazardous
material" which shall include, without limitations, any "hazardous substance," "hazardous material," "toxic
substance," "pollutant," "contaminant," "oil," or "petroleum," or words of similar impact under any
Environmental Law.

2.33 CONTRACTOR APPLICATION FOR PAYMENT & CERTIFICATION:

With each application for payment, the Contractor will be required to complete and submit the
“Application for Payment Cover Sheet & Certification” included in this section, in addition to a
detailed invoice listing all bid items (and a schedule of values for lump sum contracts). If required
by the Contract Documents or funding agency requirements, additional documentation required
shall be submitted with this cover sheet.

PN24-1089 Pettit Trail Construction February 17, 2026 PAGE 18 OF 139

CONTRACTOR APPLICATION FOR PAYMENT & CERTIFICATION
Application for Payment No. ___________
To: City of Silverton, 410 N Water Street, Silverton, OR 97381
From: ________________________________________________ (Contractor name & address)
Contract: Agreement Dated _______, 20___
Project: ____________________________________________________ (Project name)
For Work accomplished for the period of: ________, 20___ to ________, 20___.
1. Original Contract Total: ............................................................................... $__________
2. Net change by Change Orders & Written Amendments (+ or -) (thru CO __):$__________
3. Current Contract Total (line 1 plus 2) (based on est. quantities as applicable):$__________

4. Total Amount Earned to Date (based on actual quantities as applicable): ... $__________
5. Total Retainage (5%): .................................................................................. $__________

6. Total Amount to Date, less Retainage (line 4 minus 5): .............................. $__________
7. Total from Previous Applications for Payment: ........................................... $__________
8. Retainage for Release (after project completion): ....................................... $__________

9. DUE THIS APPLICATION (line 6 minus 7, plus 8 as applicable): ................ $__________

Accompanying Documentation:
• Attach additional sheets if necessary with a detailed summary of requested payment (ie. of all bid items for
unit price contracts, or a detailed breakdown based on a schedule of values for lump sum contracts) , or
detailed summary of claims.
•Attach additional documentation as required by the Contract Documents or funding agency requirements.

Contractor's Certification:
The undersigned Contractor certifies that:
(1) All previous progress payments received from Owner on account of Work done under the Contract
referred to above have been applied on account to discharge Contractor’s legitimate obligations incurred
in connection with Work covered by prior Applications for Payment, including payment of all
subcontractors & material suppliers; and
(2) Title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by
this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security
interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying
Owner against any such Lien, security interest or encumbrance); and
(3) All Work covered by this Application for Payment is in accordance with the Contract Documents and not
defective; and
(4) In consideration for the payment referenced above, and upon receipt of such payment, Contractor
hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished
through the date of this application, with the exception that this release does not cover retainage; and
(5) Contractor represents that receipt of said payment constitutes full and complete payment for all work,
and all costs or expenses incurred (including, but not limited to, costs for supervision, field office
overhead, interest on capital, profit and conditions costs) relative to the work or improvements as of the
date of this application; and
(6) Contractor specifically waives, quitclaims and releases any claim for damages due to delay, hindrances,
interference, acceleration, inefficiencies or extra work, or any other claim of any kind it may have as of
the date of this application, except as follows (outstanding claims or change order work to be listed by
Contractor, attach pages if required):
___________________________________________________________________________________
____

Dated ____________________ ____________________________________________________
Contractor signature

PN24-1089 Pettit Trail Construction February 17, 2026 PAGE 19 OF 139

By: _______________________________________
(print or type name)

PN24-1089 Pettit Trail Construction February 17, 2026 PAGE 20 OF 139

2.34 ENVIRONMENTAL AND NATURAL RESOURCES LAWS

In compliance with ORS 279C.525, lists of federal, state and local agencies of which the City has
knowledge that have enacted ordinances or regulations relating to environmental pollution and the
preservation of natural resources that may affect the performance of the Contract are listed in the
current Oregon Department of Transportation Standard Specifications for Construction, Section
00170.01.

2.35 CONTRACT PROVISIONS REQUIRED BY ORS & OAR PROVISIONS

Oregon State law requires the following provisions be included or referenced for all public contracts.

1. Public Contracting. The Bidder agrees to comply with all applicable state laws, municipal ordinances,
and rules and regulations of all authorities having jurisdiction over the construction, and specifically the
applicable provisions of Oregon law relating to public contracts (ORS Chapter 279C) which by this
reference are incorporated in the Contract Documents and made a part hereof, including the following
provisions included in the contract pursuant with OAR 137-049-0200(1)(c).

The paragraphs below with underlined headings are lettered to correspond with the general
lettering order and headings under OAR 137-049-0200(1)(c).

a. Prompt payment to all Persons supplying labor or material; contributions to Industrial
Accident Fund; liens and withholding taxes. Pursuant with ORS 279C.505(1), contract
hereby includes a condition that “the contractor shall:
(a) 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.
(b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor
or subcontractor incurred in the performance of the contract.
(c) Not permit any lien or claim to be