Willow Creek Park Improvements

I. ADVERTISEMENT FOR BIDS
A. INTRODUCTION
The City of Columbus (hereinafter "City") is accepting bids for Willow Creek Park Improvements,
the work for which consists of partial site demolition of playgrounds, sports courts and other site
conditions; installation of a basketball court, playground, and shelter; landscaping and planting;
the installation of site furnishings, a water fountain, and lighting; stormwater controls; and other
such work as may be necessary to complete the contract, in accordance with the drawings,
technical specifications, plans and City of Columbus Construction and Material specifications set
forth in this Invitation For Bid (IFB).
This IFB contains the following sections:
Section 1: Advertisement for Bids - This section provides a brief overview of the project and
bidding process.
Section 2: Bid Forms - This section contains bid forms B1 through B9 and B14.
Section 3: Special Provisions - This IFB may contain special provisions. They are listed in this
section.
Section 4: Contract - The contract section contains forms and instruments that will be used
in the event of contract award. Do not complete and submit the contract with your bid. The
contract will be completed by the selected bidder after an award determination has been
made by the City and the contract is delivered to the selected bidder for execution. The City
will not negotiate the terms contained in this contract.
In order for a bid to be considered responsive, the bidder must submit all required information
for the project as outlined in the IFB.
WHERE & WHEN TO SUBMIT BID
Bids will be received by the City of Columbus, Department of Recreation & Parks, Design &
Construction, at www.bidexpress.com until August 20th, 2026 (08/18/26) at 2:00 P.M. Eastern
Time.
There will not be a public bid opening for this project. The opening of bids for the Willow Creek
Park Improvements project will proceed according to City Code Chapter 329 and will be opened
online and the results made available to the public via Bid Express.
DRAWINGS AND TECHNICAL SPECIFICATIONS
Drawings and technical specifications are available as separate documents at
www.bidexpress.com. Drawings and technical specifications are contract documents.
PRE-BID CONFERENCE
A pre-bid conference will not be held for this project.
PREVAILING WAGE
Bidders are required to submit bids using current prevailing wage rates on Public Improvements
in Franklin County and the City of Columbus, Ohio, as determined by the Ohio Bureau of
Employment Services, Wage and Hour Division. See Section IV (Contract) for the Prevailing Wage
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Determination Cover Letter and Prevailing Wage Rate information. For further information, call
(614) 644-2239 or visit http://www.com.ohio.gov/dico/.
NOTICE TO PROCEED/CONTRACT COMPLETION
The City anticipates issuing a notice to proceed on or about November 2026. All work is to be
complete by November 2027.
BID CANCELLATION AND REJECTION
The City may cancel the IFB, reject any or all bids in whole or in part, waive technicalities, and/or
advertise for new bids, without liability to the City and when in the best interest of the City. The
City shall have 180 calendar days from the date of the bid opening to provide the bidder a Notice
of Award. During this 180 period, the bidder agrees to hold their bid prices.
QUESTIONS CONCERNING THE BID DOCUMENTS OR PROJECT
Questions pertaining to the drawings, plans, specifications, IFB, and/or other contract documents
must be submitted in writing to the Department of Recreation & Parks, by email to
Morgen Wade, mrwade@columbus.gov on or before Thursday, August 13th, 2026. No phone
calls will be accepted.
The City or its representative will not be bound by any oral interpretations which are not reduced
to writing and included in addenda. Any interpretations of questions so raised, which in the
opinion of the city or its representative require interpretations, will be issued by addenda and
posted on www.bidexpress.com.
QUESTIONS CONCERNING BID EXPRESS
The City cannot assist with Bid Express issues or questions. For questions or help with Bid
Express, contact Bid Express at 888-352-2439 or support@bidexpress.com.
JOINT VENTURE INSTRUCTIONS
Complete the "Joint Venture Statement of Intent" (above) and upload both the Joint Venture
Statement of Intent and a fully executed, certified copy of the joint venture agreement between
the business entities creating the joint venture.
All business entities creating the joint venture must be individually pre-qualified if pre-
qualification is required.
The joint venture will need to be registered with the City of Columbus and receive a contract
compliance number. Register at https://columbusvendorservices.powerappsportals.com/.
If any business entity of the joint venture is a foreign corporation, or an individual or partnership
non-resident of the State of Ohio, the business entity shall register with the Ohio Secretary of
State's Office for the purpose of accepting service of summons, in any action in law or equity, or
both, brought in the State of Ohio.
Complete the bid in the following manner:
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1. The business name of the bidder shall be the name of the joint venture.
2. The joint venture shall have a digital ID, and submit their bid through Bid Express in the
name of someone authorized to enter into contract on behalf of the joint venture. A one-
time digital ID is available.
3. Form B1 shall include all persons and parties interested in the joint venture.
4. The bid bond shall be in the name of the joint venture and signed by an authorized
representative of the joint venture.
5. The experience / resources listed shall be that of the business entities making up the joint
venture.
6. For Form B9, be sure to consider all business entities that created the joint venture when
responding to the Pre-Qualification Statement portion of this form.
If the contract is awarded to a joint venture, the contract shall be completed in the following
manner:
1. The contract shall be signed by an authorized representative of the joint venture.
2. The performance and payment bond shall be in the name of the joint venture and signed
by an authorized representative of the joint venture.
3. Insurance and Workers' Compensation Certificates shall be in the name of the joint
venture.
The purchase order created by the City shall be in the name of the joint venture.
B. TERMS AND CONDITIONS
GENERAL CONTRACT PROVISIONS AND CONSTRUCTION AND MATERIALS SPECIFICATIONS
The 2018 edition of the City of Columbus Ohio Construction and Material Specifications
(hereafter referred to as CMS), including any Supplemental Specifications published on the
Department of Public Service's website, is hereby made a part of these bid documents. The
bidder agrees to abide by any terms and conditions regarding the submission and award of
construction bids contained within the CMS unless there is a conflict between the CMS and other
bid documents. If there should be a conflict between the CMS and other bid documents, or a
conflict between any of the bid documents, the order of precedence listed in the CMS will prevail
unless the IFB or a special provision states a different order of precedence. The bidder also agrees
the CMS will become one of the contract documents if bidder is awarded the contract.
Hard copies of the CMS are available for examination or purchase at the Department of Public
Service, 111 N. Front St., 1st Floor, Columbus, Ohio 43215 (614) 645-8376, and at the Department
of Public Utilities, 910 Dublin Rd., 4th Floor, Columbus, Ohio 43215, (614) 645-6141. Note that
the hard copy edition will not include any revisions (i.e., Supplemental Specifications) added
after its publishing. It is the bidder's responsibility to stay current. An electronic version of the
document, with Supplemental Specifications, can be viewed at the Department of Public
Service's website at https://www.columbus.gov/Templates/Detail.aspx?id=64840.
APPLICABLE LAWS
The Revised Code of the State of Ohio, the Charter of the City of Columbus, and all City ordinances
insofar as they apply to the laws of competitive bidding, contracts, and purchases, and wage theft
prevention, are made a part hereof.
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REMEDIES
All claims, counterclaims, disputes and other matters in question between the City, its agents and
employees, and the Bidder, or in the event of a contract the Contractor, arising out of or relating
to this agreement or its breach will be decided in a court of competent jurisdiction within the
County of Franklin, State of Ohio.
SUBMISSION OF BIDS AND COSTS
All bids and other material submitted in response to this Invitation for Bid (IFB) become the
property of the City of Columbus. The City may choose to retain or return these materials to the
offeror, at the offeror's expense. The City is not liable for any cost associated with the preparation
of the bid or any other costs incurred by any bidder prior to the execution of the contract. The
rejection of any proposal in whole or in part, at its discretion, will not render the City liable for
incurring any cost or damage. The City is not liable for any costs incurred by any offeror prior to
the execution of the contract.
PUBLIC RECORDS REQUESTS
The City of Columbus, as a political subdivision of the State of Ohio, is subject to Ohio Revised Code
Chapter 149, known as the Ohio Public Records Law. Consequently, the Bidder understands that
ALL documents submitted in response to this IFB are considered public records and WILL be
released when a public records request is made by news media, competitors, or other interested
parties, in accordance with the law. If Bidder contends that certain CLEARLY MARKED portions of
the bid constitute an exception to Ohio's public records law, Bidder MUST submit the legal basis in
support of that assertion with the bid.
If a public records request is made for any portion of the documents submitted and Bidder has NOT
clearly marked such documents as information constituting an exception to Ohio's public records
law, the information will be released immediately. DO NOT mark your entire bid as information
constituting an exception to Ohio's public records law.
If a public records request is made for such information and Bidder HAS clearly marked portions of
the bid as information constituting an exception to Ohio's public records law, AND Bidder HAS
submitted the legal basis supporting such claim, the City will release a redacted version of the bid
to the requestor and notify Bidder a request was made and that a redacted version of the bid was
released. Should the requestor indicate that the redacted version is not sufficient for their
purposes, Bidder then will be IMMEDIATELY responsible for obtaining an order from a Court of
competent jurisdiction in Franklin County, Ohio, enjoining release of the clearly marked
information constituting an exception to Ohio's public records law.
If a public records request is made for such information and Bidder HAS clearly marked portions of
the bid as information constituting an exception to Ohio's public records law, but Bidder HAS NOT
submitted the legal basis supporting such claim, the City will notify Bidder of the request. Bidder
shall respond within 5 days of the notification to tell City how it intends to respond to the
request. If a response is not received from the bidder within that timeframe, City WILL RELEASE
the information to the requestor.
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C. SPECIAL PROVISIONS
The above noted terms and conditions in the CMS may be modified by Special Provisions,
contained herein. See Section III, entitled "SPECIAL PROVISIONS" for more detail.
D. BID REQUIREMENTS - RESPONSIVENESS PROVISIONS
The city reserves the right to reject a bid it deems non-responsive. Factors used to determine
responsiveness are included in Columbus City Code Section 329, throughout the IFB, Special
Provisions, and in the edition of the City of Columbus Ohio Construction and Material
Specifications cited in this IFB as applicable to this bid, and, if necessary, in its supplemental
specifications.
SUBCONTRACTOR REQUIREMENTS
Bidders are to provide information about subcontractors found on Form B5 and comply with the
following requirements:
Provide a list with its bid submission of all subcontractors the bidder intends to utilize for the
project and the list shall be divided into two parts:
o Subcontractors to be used for the base bid (including contingency and allowances)
o Subcontractors to be used for alternates (if alternates are included in the City's bid
document)
Bidders shall list only subcontractors who are not currently suspended or debarred by the
City and who have not been listed as having had an adverse determination by the Wage Theft
Commission.
List only one subcontractor for each division of work to be performed as listed in the technical
specifications, or section of work in the current edition of the City of Columbus Construction
and Material Specifications, whichever is applicable, of the City's bid document. In
circumstances where the bidder determines more than one subcontractor is needed to
complete a division or section of work, a bidder shall explain in writing the reason(s) why
multiple subcontractors are necessary, describe the work to be performed within any
subdivision of a division or subsection of a section of work, and the dollar amount allocated
to any subdivision of a division or subsection of work.
For contracts the City estimates will exceed $500,000.00, indicate which subcontractors are
performing work in the licensed construction trades, as defined in City Code 329.01(s)
(heating, ventilating, and air conditioning; refrigeration; electrical; plumbing; hydronics; or
fire protection or firefighting equipment). State, via affidavit, that the bidder's licensed
construction trade subcontractors are prequalified responsible or prequalified provisionally
responsible at the time of bid submission.
Failure to fulfill the above-stated requirements shall render the bid non-responsive
For contracts the City estimates will exceed $2,000,000.00, the bidder must submit the
Subcontractor Benefits and Training Affidavit stating the bidder's subcontractors performing any
portion of the work on the project exceeding $50,000.00 meet all of the following at the time of
bid submission or the bid will be considered non-responsive:
o That the subcontractor provides an adequate and affordable health insurance benefit
provided by an employer to an employee as defined in City Code 329.01(q). The
employer must provide the benefit as part of an overall compensation plan and the
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benefit cannot be limited to a specific project. A health insurance benefit is "adequate
and affordable" if it meets both the minimum value and affordability requirements
established in rules promulgated pursuant to Public Law 111-148, The Patient
Protection and Affordable Care Act, or a successor to that law. The benefit must
otherwise meet the requirements of a "bona fide" fringe benefit, as defined in 29 CFR
4.171 or a successor to that section. An employer may provide a health insurance
benefit through the Small Business Health Options Program, pursuant to Public Law 111-
148, so long as it otherwise meets the criteria of this definition.
o That the subcontractor provides a retirement or pension plan as part of an overall
compensation plan and not as a benefit limited to a specific project, as defined in City
Code 329.01(mm). The plan must meet the requirements of a "bona fide" fringe benefit,
as defined in 29 CFR 4.171 or a successor to that section. For the purposes of
construction prequalification, the foregoing shall apply only to those persons
performing construction service work, as defined by rule of the Director of Finance and
Management or designee.
o For licensed construction trade subcontractors, that the subcontractor's employees
meet quality training criteria as defined in City Code 329.01(gg) provided that, for
purposes of full inclusion and creation of entry-level opportunities in the construction
trades, up to ten (10) percent of a business entity's employees performing licensed
construction trade work in Ohio may be participating in pre-apprenticeship programs,
career technical programs, or otherwise have less training and experience. With respect
to persons performing licensed construction trade work in Ohio, employees who have
done at least one (1) of the following are considered to have had quality training:
(1) Graduated from or are participating in a bona fide apprenticeship program that is
approved by the Ohio State Apprenticeship Council, as defined in the Ohio
Administrative Code Section 4101:9-4-02(C) or a successor to that section, or the United
States Department of Labor, as defined in 29 CFR 29.2(f) or a successor to that section,
if such apprenticeship programs are available; or
(2) Have at least five (5) years of experience in the specific trade.
Failure to provide the subcontractor information required above, per 329.212(d)(3), will result in
the bid being deemed nonresponsive.
CHANGING SUBCONTRACTORS
After execution of a contract a Contractor must contact and receive written approval from the
contracting department prior to changing subcontractors. A contractor must obtain written
consent from the director or designee of the contracting agency prior to subletting, selling,
transferring, assigning, or otherwise relinquishing any rights, title, or interest in the work to
any subcontractor not listed in the bid submittal or contract, or to change subcontractors. The
director or designee must, within a reasonable time, approve or disapprove a contractor's
request. The decision shall be final. The contractor may seek the aforementioned written
consent for reasons including, but not limited to, the following:
1. After reasonable opportunity to do so, the subcontractor fails or refuses to execute a
written contract for the scope of work specified in the bid and at the price specified in the
bid;
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2. The subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
3. The subcontractor fails or refuses to meet the requisite licensing or bonding set before bid
submittal;
4. The contractor demonstrates to the contracting agency that the name of the subcontractor
was listed as the result of an inadvertent clerical error;
5. The subcontractor fails or refuses to perform its subcontract after reasonable opportunity
to do so; or
6. The contractor determines that additional specialty work not reasonably anticipated in the
bid must be performed by subcontract.
Contact the contracting department for the appropriate form.
PREQUALIFICATION REQUIREMENTS
For contracts the City estimates will exceed $500,000.00, bidders must be pre-qualified
responsible or provisionally responsible at bid due date to be awarded a contract for City
construction work. Subcontractors performing work in a licensed construction trade as defined
by City Code 329.01 (heating, ventilating, and air conditioning; refrigeration; electrical;
plumbing; hydronics; or fire protection or firefighting equipment) must also be pre-qualified
responsible or provisionally responsible at the bid due date. Bidders must submit Form B9, an
affidavit confirming their prequalification status. For information on pre-qualification status,
contact the Office of Construction Prequalification at (614) 645-0359 or at the following link:
http://www.columbus.gov/prequalification.aspx.
Note that the prequalification requirements are separate from and in addition to the contract
compliance requirements of the Office of Diversity and Inclusion (described in Section F below),
the contractor licensing requirements of the Department of Building and Zoning Services, and
the water/sewer contractor tappers license requirements of the Department of Public Utilities.
BID BOND
Each bid shall contain a bid bond to ensure if the bid is accepted a contract shall be executed.
The bid bond shall be issued by a guaranty company authorized to do so under the Ohio Revised
Code or by a surety who is: (1) a resident of this state; (2) worth, in the aggregate, double the
sum to be secured, beyond the amount of their debts; and (3) have property liable to execution
in the state equal to the sum to be secured. All bid or proposal bonds signed by an agent must
be accompanied by a surety power of attorney, most recent surety financial statement, and
current Ohio Department of Insurance Certificate of Compliance.
In the event there are mutually exclusive alternates listed on the bid sheet, the bid bond shall
include the maximum value of the highest alternate(s) which increases the Bid. The bid bond
amount shall be equal to or exceed ten percent of this total amount. Note that if the bidder
submits a bid bond, the amount of said bond shall be expressed either as a percentage of the
total bid or numerically in dollars and cents.
Failure to submit an acceptable bid bond shall result in the bid being deemed non-responsive.
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The City will only accept bid bonds electronically in Bid Express, and Bid Express accepts bid bonds
only through Surety2000 or Tinubu (Formerly SuretyWave). More information can be found at:
Surety2000 http://www.surety2000.com/
Tinubu (Formerly SuretyWave) https://www.tinubu.com/surety
WATER OR SEWER CONTRACTOR TAPPERS LICENSE
Pursuant to Columbus City Code Sections 1103.06 and 1131.01, it is unlawful for any person to
perform any work on the City of Columbus water line system and appurtenances (including fire
hydrants and water services up to the meter setting) or engage in sewer tapping, sewer building,
or to open any sewer line in any street, alley or any public or private place or rehabilitation of
any sewer or appurtenances (including manholes, inlets, and service laterals) in the City of
Columbus without first securing a license to engage in such business.
This project DOES include work on a water or sewer line
The license must be in "active" status the day of the bid opening and at the time of Work. Failure
to indicate in the bid the contractor or subcontractor who shall perform the water or sewer line
work and/or failure to list a contractor or subcontractor that has an "active" license on the day
of the bid opening shall render the bid non-responsive.
The list of contractors with an "active" license can be found at:
http://www.columbus.gov/Templates/Detail.aspx?id=65062.
If the project does include work on a water or sanitation line, indicate the name of the
contractor/subcontractor who will perform work on the water or sewer line.
________________________ ___________________________________________
Water or Sewer Business Name
For questions about a Water/Sewer Tapper's License contact the Department of Public Utilities
at (614) 645-8276 or http://www.columbus.gov/Templates/Detail.aspx?id=65062
SUBSTITUTIONS
Pursuant to Columbus City Code Sections 329.23(j), a bid will be found to be non-responsive if it
contains "alterations, omissions, or errors such that, in the judgment of the City, the bid does not
respond to the IFB in all material respects, or contains irregularities or deviations from the IFB
that affect the amount of the bid or otherwise gives the bidder a competitive advantage."
There are cases, however, where the bidding of substitutions may be permissible. When allowed
by the contracting agency, Form B4 shall be used to propose substitutions to specifications
and/or provisions put forth herein. Proper procedures for proposing substitutions are found in
Section II (entitled "Bid Forms"). Be sure to follow these procedures carefully; failure to follow
them may result in the bid being deemed non-responsive.
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Requests for substitutions of products will be considered no later than seven (7) days prior to the
Bid Opening Date to allow time for Architect/Engineer's evaluation of substitutions and the
preparation of an addendum, if required. Substitutions submitted with the bid will not be
accepted unless they were pre-approved by following the instructions for requesting
substitutions in this section.
SUBSTITUTIONS ARE NOT PERMITTED DURING THE ADVERTISING PERIOD
OTHER RESPONSIVENESS PROVISIONS
Other responsiveness provisions, on which the bid will be evaluated include:
Whether bidder has submitted more than one proposal for the same work from an individual
or entity under the same or different name, or corporation under the same name, or
corporations with one or more of the same persons as officers or directors of such
corporations, or corporations which are holding companies, parent companies or holding
companies that are subsidiaries of such corporations;
Whether bid prices are materially unbalanced as defined in the relevant sections of the
technical specifications manual specified in the IFB, where applicable;
Whether bidder has failed to comply with technical pre-qualification requirements as defined
in the relevant sections of the technical specifications specified in the IFB, where applicable;
Whether the bid contains conditions or qualifications not provided in the IFB;
Whether the bidder failed to acknowledge addenda or the bid does not contain complete
forms required to be included in the bid and the city determines that the bidder's bid does
not respond to the invitation for bid in all material respects or contains irregularities or
deviations which affects the amount of the bid or otherwise gives the bidder a competitive
advantage;
Whether bidder adds a provision reserving the right to accept or reject an award;
Whether bidder fails to submit a unit price for each contract item listed, when required by
the technical specification;
Whether bidder fails to submit a lump sum price where required;
Whether the bidder fails to submit the required bid guarantee or submits an irregular bid
guarantee for the amount required.
Whether the bid contains other alterations, omissions, or errors such that, in the judgment
of the city, the bid does not respond to the invitation for bid in all material respects, or
contains irregularities or deviations from the invitation for bid that affect the amount of the
bid or otherwise gives the bidder a competitive advantage;
Whether the bidder has complied with the requirements of City Code regarding
subcontractors.
E. BID REQUIREMENTS - RESPONSIBILITY PROVISIONS
Pursuant to Columbus City Code 329, each bid submitted shall be evaluated for the following
project-specific responsibility factors:
(a)Whether the bidder has actively engaged in the construction industry and has experience
in the area of construction service for which the bid has been submitted.
(b) Whether the bidder has a successful record of complying with and meeting completion
deadlines as well as controlling costs on similar construction projects.
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(c)Whether the bidder has demonstrated to the City's satisfaction adequate and appropriate
resources, including, but not limited to, specialized equipment, human resources and
bonding capacity for the project.
(d) Whether the bidder has substantial uncompleted work that would hinder the success of
the project.
(e) With respect to a bidder whose bid is determined to be ten (10) percent or more below
that of the next low bidder, supplemental details regarding the bid and/or historical
information regarding performance and costs on similar contracts to determine the
bidder's ability to complete the contract at the price specified.
Enter data into Bid Express or print and upload Forms B6, B7, and B8 (found in Section II, entitled
"Bid Forms") to fulfill the responsibility provision requirement of your bid.
F. MISCELLANEOUS PROVISIONS
EXECUTIVE ORDER 2015-01 "TREE PROTECTION AND MITIGATION POLICY"
The contractor shall comply with Executive Order 2015-01, which is available online at
https://www.columbus.gov/Templates/Detail.aspx?id=85009. This Executive Order is a contract
document.
CONTRACT PERFORMANCE AND PAYMENT BOND
If the contract amount is to be in excess of $100,000.00, the successful bidder will be required to
secure a contract performance and payment bond in the amount of 100 percent of the contract
price, including the guarantee period, in accordance with Columbus City Code Chapter 329 and
the current edition of the City of Columbus Ohio Construction and Material Specifications (CMS)
to assure the faithful performance of the work.
The Contractor shall use the performance and payment bond form attached as Form C2 in Section
IV (Contract) of this IFB document. The performance and payment bond shall be issued by a
guaranty company authorized to do so under the Ohio Revised Code or by a surety who is: (1) a
resident of this state; (2) worth, in the aggregate, double the sum to be secured, beyond the
amount of their debts; and (3) have property liable to execution in the state equal to the sum to
be secured.
All bonds signed by an agent must be accompanied by a surety power of attorney, most recent
surety financial statement, and current Ohio Department of Insurance Certificate of Compliance.
Failure to execute the contract and file an acceptable performance and payment bond(s) shall be
cause for cancellation of the award and the city may file a claim under the bond.
If a contractor has not commenced his work within a reasonable time, or does not carry the same
forward with reasonable progress, or is improperly performing his work, or has abandoned, or
fails or refuses to complete a contract entered into under Chapter 329 of the Columbus City Code,
the director of the contracting agency shall make a finding to that effect and so notify the
contractor in writing, and the rights of the contractor to control and supervise the work shall
immediately cease, per the CMS.
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