1-01-ITB Bidding Contract 2026 Micro Surfacing Type II III 26-3444.pdf

BIDDING AND CONTRACT DOCUMENTS

2026 Micro Surfacing Type II & III City Project No. ST26MS Solicitation No. 26-3444

INCLUDING SPECIAL PROVISIONS-GENERAL CONDITIONS

City of Bend 710 NW Wall Street, Bend, Oregon 97703

Bid Closing / Opening: March 24, 2026, at 2:00 p.m.

TABLE OF CONTENTS

Bidding and Contract Documents

Invitation to Bid …………………………………………………………………………………..Page 3

Exhibit A - Scope of Work ………………………………………………………………….Page 11

Exhibit B – Bid Submittal Forms……………………………………………………. (see Portal) Exhibit B-1 – Bid Table Exhibit B-2 – Bid Submittal Responsive Form Exhibit B-3 – Bid Bond Form Exhibit B-4 – Addenda Certification Exhibit B-5 – Statement of Assurances & Certifications

Exhibit C – Contract Documents ……………………………………………………….Page 14

Exhibit C-1 – City of Bend Public Improvement Contract Exhibit C-2 – Payment Bond Exhibit C-3 – Performance Bond Exhibit C-4 – Insurance Requirements

Exhibit D – First Tier Subcontractor Disclosure Form ……………………(see Portal)

Exhibit E – General Conditions……………………………………………………….(see Portal)

Exhibit F – Technical Specifications ……………………………………………….(see Portal)

CITY OF BEND

INVITATION TO BID

The City of Bend (“City”) invites Sealed Bids for applying highly modified emulsified asphalt (HIMA) Micro Surfacing, Types II and III, as part of the 2026 Street Preservation Project No. ST26MS. The Work includes approximately 34,135 square yards of Type III micro surfacing for rut filling and approximately 78,515 square yards, or 9 lane miles, of Type II micro surfacing as a lane seal.

The deadline for submitting Bids is: March 24, 2026, at 2:00 p.m. (“Closing”). One copy shall be submitted in electronic form through the City of Bend’s eProcurement Portal (“Portal”). The City’s Portal can be found at https://bendoregon.bonfirehub.com. If technical assistance is needed, please contact Euna at 1-844-226-3862 (EUNA), email support.bonfire@eunasolutions.com or visit Euna’s help forum at (https://customer.eunasolutions.com/public/s/). Bids received after Closing will not be given further consideration. Bidders are encouraged to allow extra time to ensure bids are uploaded by Closing as this can be impacted by Bidder’s bandwidth speed. Please reference the section for the Issuing Officer for additional questions.

Sealed bids will be received online as instructed on the Portal. Bids may also be submitted to the City, via mail, or in person, by contacting the Issuing Officer no later than two business days prior to bid opening to make arrangements ahead of time for an in-person submission. Hard copies will not be accepted unless the Bidder has made arrangements ahead of time. If a hard copy of the Bid is submitted without prior coordination with the Issuing Officer, the Bid will be returned (unopened) to the Bidder without consideration.

No faxed or emailed submissions will be accepted.

Bids will be opened and read immediately after Closing. Bidders may attend the Bid Opening at the following link:

Join: https://teams.microsoft.com/meet/22734172143089?p=TX2b2kSx2QpXf5wl4i Meeting ID: 227 341 721 430 89 Passcode: 6Qy9v655

Dial in by phone +1 503-946-5336,,579331569# United States, Portland Find a local number Phone conference ID: 579 331 569#

The ITB documents are available for download on the Portal. In order to download and respond to posted solicitations. Bidders will need to register as a vendor. Once registered, follow the instructions to download the documents:

1) Log in to the Portal.

2) Under “Action” column of “Open Public Opportunities” page, click on “View Opportunity” next to Project.

3) Scroll down to “Supporting Documentation” section to download documents.

Bids will only be considered if:

All Bid submittal forms are completed, signed and submitted prior to deadline.

The Bid includes a statement that the Bidder agrees to be bound by and will comply with the provisions of ORS 279C.838 and 279C.840 relating to prevailing wages (included in Exhibit B-5);

The Bidder is licensed by the Construction Contractors Board (or the State Landscape Contractors Board); and, The Bid includes a certification of nondiscrimination in obtaining subcontracts in compliance with ORS 279A.110(4) (included in Exhibit B-5).

Each Bid must identify whether the Bidder is a Resident Bidder as defined in ORS 279A.120 (see Exhibit B-5).

Licensing under ORS 468A.720 relating to asbestos-containing materials is not a requirement.

The City may 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 all Offers after finding that doing so is in the public interest.

DETAILED INFORMATION

Bid Submittal Forms:

Bids must be submitted via the Bid Table. All Bid submittal forms listed below must be completed, signed, and submitted. Any changes must be initialed. Any section that a Bidder believes is not applicable may be marked as “NA.” Bid submittal forms include:

Exhibit B-1 –Bid Table.

Exhibit B-2 – Bid Submittal Responsive Form.

Exhibit B-3 – Bid Bond Form.

Exhibit B-4 – Addenda Certifications.

Exhibit B-5 – Statement of Assurances & Certifications.

First-Tier Subcontractor Disclosure:

Bidders must submit a First Tier Subcontractor Disclosure Form (Exhibit D) within two working hours of the deadline for Bid submittal if Bid totals $100,000 or greater via the Portal. The Issuing Officer will reopen the Bid opportunity in the Portal after the official solicitation close date and time, in order for each Bidder to submit this document. The Bidders will be notified by the Issuing Officer once the Portal is open for the submission of this document.

Failure to timely submit the First-Tier Subcontractor Disclosure Form will result in rejection of the Bid.

Mandatory Pre-Bid Conference:

A mandatory pre-bid conference will be held via Microsoft Teams at 10:00 a.m.

on March 4, 2026. For mandatory pre-bid conferences, only Bidders who attend and register at the pre-bid meeting shall be eligible to submit a Bid.

Statements made by City representatives at the pre-bid conference are not binding on the City unless confirmed in an addendum.

Join:

https://teams.microsoft.com/meet/23245088581754?p=t5Fe7oa2ZOt3qzRkrw

Meeting ID: 232 450 885 817 54 Passcode: B7nt6Fh9

Dial in by phone

+1 503-946-5336,,314608147# United States, Portland Find a local number

Phone conference ID: 314 608 147#

Project Completion Date:

Work on the Project is to be completed within 45 days following Notice to Proceed or by August 28, 2026, whichever occurs first.

Addenda:

Only documents issued as Addenda by the City of Bend serve to change the ITB in any way. No other direction received by the Bidder, written or verbal, serves to change the ITB document. Note: If you intend to submit a Bid, the Bidder should consult the Portal to ensure that you have not missed any Addenda announcements. Bidders are required to acknowledge receipt of Addenda on the Bid Submittal Form. Failure to acknowledge receipt of all posted Addenda will render the Bid non-responsive and the Bid will be rejected.

Bid Bonds:

An electronic copy of an original, signed and stamped with seals, Bid Bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier’s check or certified check as set out in ORS 279C.365(5) in the amount of five percent of the total amount of the Bid must be uploaded to the Portal using the Bid Bond form included as Exhibit B, Bid Submittal Forms. The Contractor identified as the low responsible bidder must submit the original Bid Bond with original signatures and original seal from the surety to the City within two business days of the Bid opening date, no later than 4:00 PM pacific time.

Notice of Intent to Award will be issued if original documents are received within the deadline. Failure to return the original documents as required may result in the City rejecting the Bid and moving to the next lowest responsible Bidder. The next lowest responsible Bidder must submit the original Bid Bond with original signatures and original seal from the surety to the City within two business days of notification from the City.

Required Qualifications:

Prequalification is a requirement. Bidders must be prequalified with City of Bend at the time the Bids are opened. Prequalification process is administered by the Private Development Engineering Division through the CityView permit and licensing software and customer portal. Bidders can verify if they are Prequalified by going online at www.bendoregon.gov/qualifiedcontractors. A complete application for the City of Bend prequalification must be received at least ten business days before the Bid deadline. Registration for the customer portal may be obtained online at above webpage. Once registered select “Apply for a Qualified Contractor License” and follow the instructions. For the field “Please describe the types(s) of contracting you do” it is important to type “For Current Bid” followed by the type of work requesting approval to ensure your application is processed promptly. Contact the Issuing Officer for this solicitation for assistance or call the Permits Center at (541) 388-5580.

Bidders must be licensed with the Construction Contractors Board (or the Oregon Landscape Contractors Board where applicable) with the proper endorsement type for the work prior to Bid submittal. In addition, Bidders must have a current Public Works Bond meeting the requirements of ORS 279C.836 on file with the Construction Contractors Board at the time of Bid submittal. The City reserves the right to disqualify Bidders based on performance of City contracts or on failure to meet the standards of ORS 279C.375. Bidders who lack the capacity to complete the project within the timeline or that lack the financial and other resources to complete the project shall be considered Non-responsible Bidders.

At the time of Bid submittal, Bidders shall have a minimum of five years of experience applying HIMA Micro Surfacing, Types II and III.

The Bidder shall provide three client references for projects which include applying Type II and/or Type III HIMA Micro Surfacing. The Bidder may use its own reference form; however, each reference submission shall, at a minimum, include the following information:

Project Name Project Location Project Date(s) Name of Client/Company Contact Person Contact Telephone Number Contact Email Address Description of the Project / Nature of Services Provided

As part of the City’s responsibility determination for each Bidder, the City will make three attempts to contact each reference provided. If a reference cannot be contacted after three attempts, the City may consider the reference invalid and evaluate the Bidder based on the remaining references.

Each reference contacted will be asked a consistent set of questions, which may include, but are not limited to, the following factors:

1. Quality of service provided

2. Timeliness of delivery

3. Responsiveness to reported issues, including order and billing concerns

4. Compliance with contractual requirements

5. Whether the client would choose to hire the Contractor again

Payment and Performance Bonds:

Payment and Performance Bonds in the amount of 100 percent of the Contract must be required at the time of contracting (Exhibit C-2 and C-3). Bonds must be returned with original signatures and original seal from the surety.

Request for Clarification or Change; Protests:

Not less than 10 days prior to Closing, prospective Bidders may submit in writing to the Issuing Officer (1) requests for clarification of the solicitation documents, (2) requests for changes to the specifications or contract terms and conditions, or (3) protests of the specifications or contract terms and conditions.

In the event Addenda are issued, unless a different deadline is set forth in the Addendum, a prospective Bidder may submit a written request for change or protest to the Addendum by the close of the City’s next business day after issuance of the Addendum, or up to the last day to submit a request for clarification or change or protest, whichever date is later.

Requests for clarification, requests for changes, or solicitation protests must be submitted in accordance with OAR 137-049-0260 or OAR 137-049-0250, as applicable.

Protests of Notice of Intent to Award must be in writing and received within seven calendar days of the issuance of the Notice of Intent to Award. Protests must be delivered to Issuing Officer in accordance with OAR 137-049-0450.

Public Record and Property of the City:

With the exception of Bids that are withdrawn prior to the Bid due date or Bids submitted past the Bid due date, all information submitted by a Bidder in response to this ITB shall become the property of the City and will not be returned to the Bidder. All copies of properly-withdrawn or late Bids will be returned to the Bidder unopened.

All documents received by the City are subject to public disclosure after the City issues a notice of intent to award a contract. Information deemed by the Bidder as exempt under Oregon’s public records law as a trade secret under ORS 192.345 or as a confidential submission under ORS 192.355 should be clearly marked by the proposer as “Trade Secrets” or “Submitted in Confidence”. Marked pages or line items should be placed in a group separate from the remainder of the Bid. The City will make an independent determination regarding exemptions applicable to information that has been properly marked and segregated. Bidders should not mark the entirety of their Bid as confidential. Such identification will not be considered. The City will attempt to maintain the confidentiality of materials clearly marked “Trade Secrets” or “Confidential Submission” to the extent allowable under Oregon public records law.

Recycled Products:

Contractor must endeavor to use recycled products wherever reasonably feasible, taking into account integrity of the Project and cost.

Standards and Specifications:

The Project must be built to all requirements of the Contract Documents.

Required Inspection:

It is the Bidders responsibility to determine local conditions such as location, character, accessibility of the site, availability of facilities, and the location and character of existing Work. Any information provided by the City related to Site conditions is without responsibility for its accuracy or for any conclusions that the Bidder might draw from the information. Bidders are responsible for verifying information provided by the City. Information that could have been determined by an appropriate pre-bid site inspection will not provide a justification for a change order.

Withdrawal of Bids:

A Bidder may withdraw its Bid, without prejudice, electronically through the Portal prior to the Bid closing date and time. The withdrawal of a Bid does not prejudice the right of a Bidder to submit another Bid within the time set for receipt of Bids.

Multiple Bids:

If a party submits more than one Bid, directly or indirectly, all Bids from that party shall be rejected. A withdrawn Bid does not count as a Bid for purposes of this Section.

Contract Award:

The Contract will be awarded to the lowest responsible bidder(s) as soon as practicable after the Bids are due. The City reserves the right to waive any minor mistakes or informalities in Bids at City’s discretion. In the event a protest is made, the City will not enter into a written contract until the protest is resolved.

Bid is An Offer:

The Bid is an offer to perform the Work on the stated terms and must be kept open for 90 days after Bid submission.

Unit Price and Lump Sum Bid:

Unit prices and lump sum price items for materials/equipment shall be for furnished and installed prices. Billing reflecting material only shall not be accepted.

Invoices/billings will be processed only for those units (or percentage) that are installed.

Controlled Substances Testing Requirements:

To comply with Federal Law, all Contractors whose employees are required to have a Commercial Driver’s License (CDL) must comply with Department of Transportation Controlled Substance and Alcohol Program and testing rules.

To comply with ORS 279C.505, Contractor/Subcontractors must demonstrate that an employee drug testing program is in place as provided for in Section 6.a.v of Exhibit C-1. Contractor must have an employee drug testing program in place that is consistent with, and satisfies the intent of, the referenced legislation.

Environmental and Natural Resources Laws:

Federal, State and local agencies have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. The successful Bidder must comply with all regulations.

Contract:

The successful Bidder must execute a Contract in the form of the Contract provided, as part of the Bidding and Contract Documents Exhibit C-1. The Bidder must certify they accept all the terms and conditions contained herein and if selected to perform the work, must sign a contract containing these same terms and conditions without exception. Any exception to the Contract terms provided as Exhibit C-1 – City of Bend Public Improvement Contract should be included with Exhibit B-5 – Statement of Assurances & Certifications.

Disadvantaged Businesses:

Minority, Women Owned, Emerging Small and Veteran Owned businesses are encouraged to submit a Bid. Bidders are encouraged to involve participation of small, minority, women and veteran owned business enterprises. A Directory is available from the Certification Office for Business Inclusion and Diversity (COBID) web site at: http://www.oregon4biz.com/How-We-Can-Help/COBID/, or by telephone, 503-986-0123.

Issuing Officer:

The following individual is the “Issuing Officer” for this Invitation to Bid (“ITB”) and the point of contact for the City for all process and contract questions, requests, and protests:

Char Furlow City of Bend Procurement Analyst 710 NW Wall Street, 2nd Floor Bend, Oregon 97703

541-323-8560 cfurlow@bendoregon.gov

Project Manager:

The Project Manager for this project is: Paul Neiswonger. Any questions regarding this ITB should be submitted to the Issuing Officer via the City’s Portal.

EXHIBIT A

SCOPE OF WORK

Description of Project:

The Project consists of applying Highly Modified Emulsified Asphalt (HIMA) Micro Surfacing, Types II and III, as part of the 2026 Street Preservation Project No. ST26MS. The Work includes approximately 34,135 square yards of Type III micro surfacing for rut filling and approximately 78,515 square yards, or 9 lane miles, of Type II micro surfacing as a lane seal. Starts and stops will be designated by the City of Bend, Streets and Operations Department.

Contractor shall furnish all labor, equipment, materials, supplies, signage, traffic control, and all other incidentals necessary to provide a HIMA Micro Seal, additional details are provided in Exhibit F – Technical Specifications.

The HIMA Micro Surfacing mixture shall consist of an approved Polymer Modified Cationic Quick Set - 1 (with) Elastomeric Polymer (PMCQS-1EP), mineral aggregate, water, and specified additives. The mixture shall be proportioned, mixed and uniformly applied over a properly prepared asphalt surface.

The Engineers estimate is $443,388 to $513,398

Purpose of Project:

Applying HIMA Micro Surfacing Seal will form a homogeneous mat, firmly adhered to the prepared surface, and will provide a durable, skid-resistant texture extending the service life of local streets within the City of Bend.

TREATMENT STREET START STOP LENGTH WIDTH SQ YDS

TYPE III – RUT FILL 3RD STREET WILSON ODOT ROW LINE 10,972 3.5 34,135

TOTAL TYPE III 34,135

TYPE II – LANE SEAL 3RD STREET WILSON REED MARKET 2,057 72 16,456

TYPE II – LANE SEAL 3RD STREET REED MARKET BROSTERHOUS 687 73 5,572

TYPE II – LANE SEAL 3RD STREET BROSTERHOUS REED LANE 1,654 72 13,232

TYPE II – LANE SEAL 3RD STREET REED LANE POWERS 1,590 73 12,897

TYPE II – LANE SEAL 3RD STREET POWERS BADGER 1,635 73 13,262

TYPE II – LANE SEAL 3RD STREET BADGER MURPHY RAB 1,770 74 14,553

TYPE II – LANE SEAL 3RD STREET MURPHY RAB ODOT/ COB LINE 467 49 2,543

TOTAL TYPE II 78,515

TOTAL SQ YDS FOR PROJECT 112,650

EXHIBIT B – Bid Submittal Forms – See Portal

EXHIBIT C-1

CITY OF BEND PUBLIC IMPROVEMENT CONTRACT

This Contract is between the City of Bend, an Oregon Municipal Corporation (“City”) and _________________________ (“Contractor”) (together, “Parties”).

Recital

City selected Contractor to perform work for the City by a competitive Bid process.

Contractor submitted the lowest Bid from a qualified responsible Bidder.

Terms of Contract

1. Term This contract shall be effective when signed by both Parties and Contractor has submitted the required certificates of insurance and performance and payment bonds. It shall remain in effect until the work on the project has been completed, the improvement accepted by the City, and the warranty period has expired. The expiration of the term does not affect any right that arose prior to expiration, and terms that by their nature survive expiration shall remain in effect after expiration.

a. Contract times shall commence to run as stated in the Notice To Proceed from City to Contractor. If not stated in the Notice To Proceed, the Contract times shall commence on the day following Notice to Proceed.

b. Work on this project is to be completed within 45 Calendar Days following the Notice to Proceed or by August 28, 2026, whichever occurs first.

2. Scope of Work Contractor shall construct 2026 Micro Surfacing Type II & III – ST26MS. The Project is described in more detail in the attached Exhibit A – Scope of Work.

Contractor is required to furnish all materials, labor, water, tools, power, equipment, transportation and other work needed to construct the Project, unless otherwise indicated in the Contract Documents.

3. Performance of Work The Contractor will cooperate with the Engineer and City’s Project Representative and utilize the Contractor’s professional skill, efforts and judgement in furthering the interests of Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in conformance with the terms and conditions of the Contract Documents in an expeditious and economical manner consistent with the interests of Owner. This paragraph does not change any specific requirements indicated in the Contract Documents.

4. Payment City shall pay Contractor according to the schedules and unit prices stated in Exhibit B___. The Bid Amount totals $ ________________.

a. Contractor shall invoice the City monthly for work performed, based on an estimate of the amount of work completed and the value of the completed Work. Invoices shall be directed to the City of Bend, Attn:

Accounts Payable, PO Box 1458, Bend OR 97709. Invoices may be emailed to: ap@bendoregon.gov. If an invoice is delivered on a non-business day, the invoice shall be considered received on the next day the City Finance Department is open for business. City shall make a progress payment equal to the value of the completed Work, less amounts previously paid, less retainage of five percent within 30 days of receipt of the invoice.

b. In lieu of retainage as described in this paragraph, with written notice to City Contractor may provide a retention bond or other security as provided under ORS 279C.560. If Contractor wishes to provide such a bond, Contractor shall provide written notice of such intent to City.

Unless the City rejects the bond for good cause as described in ORS 279C.560(1)(c), City will stop withholding retention as provided in this paragraph after City accepts Contractor’s retention bond. City’s acceptance of such a bond or security shall be subject to all other relevant provisions of ORS 279C.560, including the authority to withhold any additional cost to City from accepting such a bond or security from final payment to Contractor.

c. City shall inspect the Project within 15 days of receipt of written notice from Contractor that the Work is ready for final inspection and acceptance. The City shall either accept or reject the work in writing. A rejection must state the reasons for the rejection and list the Work that must be done before the Project can be accepted. If a rejection is issued, Contractor shall complete all Work needed to be done and request another inspection. The process shall be continued until the City determines that the Project is complete and accepted. Within 30 days after written acceptance by the City and receipt of the Warranty Bond required by Section 9.d, all remaining amounts, including the retainage, shall be paid to Contractor, provided that Contractor shall submit evidence satisfactory to the Project Manager or Contracts Manager that all payrolls, material bills, and other indebtedness connected with the

Work have been paid; except that in case of disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a Surety Bond satisfactory to City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by Surety Bond. If City fails to pay within 30 days of acceptance and receipt of the Bond, City shall pay interest at the rate as specified in ORS 279C.515 on any unpaid amounts.

d. Interest on final payment. Final payment on the Contract Price, including retainage, shall be due and owing no later than 30 Days after Contract completion and acceptance of the Work. Late-payment interest on such final payment shall thereafter accrue at the rate of one and one-half percent per month until paid.

5. Contract Documents

a. This “Contract” consists of the main text of this City of Bend Public

Improvement Contract and the following exhibits:

i. Exhibit A – Scope of Work

ii. Exhibit B – Schedule of Bid Items

iii. Exhibit C – Insurance

b. In addition, the following documents, incorporated herein by reference, are part of the Contract Documents and are binding on the Parties:

i. Authorized Change Orders, if any

ii. Notice to Proceed

iii. Exhibit E – Special Provisions to the 2021 Oregon Standard

Specifications (OSS) for Construction (General Conditions Part 00100s) from the City of Bend Bidding and Contract Documents, City of Bend Solicitation No. 26-3444.

iv. Exhibit F – Special Provisions to the 2021 Oregon Standard Specifications for Construction (OSS) and Design Standard Drawings, Technical and Supplemental Specifications (Part 00200s through Part 03000s) from the City of Bend Solicitation No. 26-3444.

v. 2021 Oregon Standard Specifications for Construction, incorporated herein by this reference

c. The Department Director whose signature is shown on this Contract or their duly-appointed successor or designee, will resolve any discrepancies between these documents. The following order of precedence (highest to lowest) shall apply to any review by the Department Director or reviewing court. The terms of this Contract as that term is used in Section 5a control over any inconsistent provision of any document other than a Change Order.

i. Authorized Change Orders

ii. This Contract, including attached exhibits, whose precedence is alphabetical order (with Exhibit A having higher precedence than Exhibit B, and so on), as each may be amended

iii. Exhibit F – Special Provisions to the 2021 Oregon Standard Specifications for Construction (OSS) and Design Standard Drawings, Technical and Supplemental Specifications (Part 00200s through Part 03000s) from the City of Bend Solicitation No. 26-3444.

iv. Exhibit E – Special Provisions to the 2021 Oregon Standard Specifications (OSS) for Construction (General Conditions Part 00100s) from the City of Bend Bidding and Contract Documents, City of Bend Solicitation No. 26-3444.

v. 2021 Oregon Standard Specifications for Construction

Figure dimensions, and dimensions that can be computed, on plans shall take precedence over scale dimensions.

d. Contractor acknowledges that it has or has access to all the contract documents referred to in this Section and agrees to comply with all the contract documents.

6. Provisions Required by State Law

a. Contractor shall:

i. 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.

ii. Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the Contract.

iii. Not permit any lien or claim to be filed or prosecuted against City.

iv. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.

v. Demonstrate that an employee drug testing program is in place.

City has the right to audit and/or monitor the program. On request by the City, Contractor shall furnish a copy of the employee drug-testing program.

vi. Salvage or recycle construction and demolition debris, if feasible and cost- effective.

b. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person in connection with the public improvement contract as the claim becomes due, the City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of the contract.

c. If Contractor or a First Tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract within 30 days after receipt of payment from the City (or in the case of a subcontractor, from Contractor), Contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the ten day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

The rate of interest charged to Contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent.

The amount of interest may not be waived.

d. If Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in

ORS 279C.580.

e. The payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor’s surety from obligation with respect to any unpaid claims.

f. For work under this Contract, a person may not be employed for more than ten 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 those cases, the employee shall be paid at least time and a half pay:

i. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

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

iii. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.

Contractor is not required to pay overtime if the request for overtime pay is not filed within 90 days of completion of the Contract if Contractor has posted and maintained in place a circular with the information contained in ORS 279C.545 as required by

ORS 279C.545(1).

g. Contractors and Subcontractors must give notice in writing to employees who perform work under this 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.

h. Contractor shall 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 Contractor, of all sums that 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.

i. All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors comply with these requirements.

j. Contractor shall utilize where applicable, recycled materials if (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable non-recycled product; and (d) The recycled product’s costs do not exceed the costs of non-recycled products by more than five percent.

k. Contractor shall include in each first-tier subcontract, including contracts with material suppliers, a clause that obligates Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within ten days out of the amounts paid to Contractor by

City under this contract, and if payment is not made within 30 days after receipt of payment from City, to pay an interest penalty as specified in ORS 279C.515(2) to the first-tier subcontractor. The interest penalty does not apply if the only reason the delay in payment is due to a delay in payment by City to Contractor. Contractor shall include in each of Contractor’s subcontracts, a provision requiring the first-tier subcontractor to include a similar payment and interest penalty clause and shall require Subcontractors to include similar clauses with each lower-tier subcontractor or supplier. Contractor shall also include in each first-tier subcontract a clause that requires Contractor to provide a standard form that the first-tier subcontractor may use as an application for payment and that requires Contractor to use the same form throughout the period of the contract, unless the contractor provides written notice of a change in the form, including a copy of the new form, at least 45 days before change.

l. By signing this Contract, Contractor certifies that all Subcontractors performing construction work shall be registered by the Construction Contractors Board or licensed by the State Landscape Contractors Board (when applicable for the work), as well as the City of Bend Qualified Contractors list before the subcontractor starts work on the Project.

m. By signing this Contract, Contractor certifies that it shall comply with Oregon tax laws.

7. Insurance

Contractor shall purchase and maintain at their own expense the insurance noted in Exhibit C subject to review and acceptance by the City of Bend. All insurance shall apply on a primary, non-contributory basis and remain in effect for the duration of the contract terms. Any policy written on a ‘claims made’ basis may only be done so with the written approval and authorization of the City of Bend and coverage written in this manner shall extend for two years past completion and acceptance of Contractor’s work or services.

8. Subrogation Contractor grants Waiver of Subrogation to the City, its officers, agents, employees and volunteers for any claims arising out of Contractor’s work or service. Further, Contractor agrees that in the event of loss due to any of the risks for which it has agreed to provide insurance, recovery by the Contractor shall be solely with their insurance carrier. Contractor also grants to City on behalf of any insurer providing coverage to either Contractor or City with respect to the work or services of contractor a waiver of any right to subrogation which any insurer or Contractor may acquire against City by virtue of the payment of any loss under such insurance coverage.

9. Bonds

a. Contractor shall provide a separate Payment Bond and a separate

Performance Bond, using the forms provided as Exhibits C-2 and C-3 City of Bend Solicitation No. 26-3444 or on another form acceptable to the City Attorney. Each bond shall be equal to 100 percent of the contract amount. The Performance Bond and the Payment Bond must be signed by the Surety's Attorney-in-Fact, and the Surety's seal must be affixed to each bond. Surety and insurance companies from which the bonds and insurance for this Project are purchased shall have an A.M. Best rating of A minus (A-) or higher. in addition to the other requirements specified herein. Bonds shall not be canceled without the City of Bend's consent, nor shall the City release them prior to Contract completion. Bonds must be originals. Faxed or photocopied Bond Forms shall not be accepted.

b. Contractor shall file with the Construction Contractor's Board a Public Works Bond with a corporate surety authorized to do business in the State of Oregon in the amount of $30,000 prior to starting work on this contract unless otherwise exempt. Contractor is aware of the provisions of ORS 279C.600 and 279C.605 relating to notices of claim and payment of claims on Public Works Bonds.

c. Contractor shall include in every Subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractor’s Board before starting work on the project, unless otherwise exempt.

d. Contractor shall provide a Warranty Bond in the amount of the Contract amount to cover the warranty period after acceptance. The City’s acceptance of the work shall not take effect until receipt of the warranty bond.

10. Conflict of Interest Contractor shall not give or offer any gift, loan, or other thing of value to any City official or employee. The Contractor shall not rent, lease, or purchase materials, supplies, or equipment, with or through any City official or employee.

11. Impact on Traffic and Property Contractor shall adopt reasonable means and comply with all laws, ordinances, and regulation in order to minimize interference to traffic and damage to both public and private property; including the provision of adequate dust control, provisions of adequate noise control and all obstructions to traffic in accordance with the manual on uniform traffic control devices if applicable.

12. Prevailing Wage

a. Contractor and subcontractors shall:

i. Comply with all provisions required by ORS 279C.800 through ORS 279C.870 relating to the payment of prevailing wage rates for work performed. See Section 00170.65;

ii. Comply with all laws and regulations relating to prevailing wages, whether or not set out in this contract. Further information regarding prevailing wages is available by contacting the Oregon State Bureau of Labor and Industries (“BOLI”) at, 971/673-0839 or on-line at the BOLI web site:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

iii. Pay to workers in each trade or occupation the current, applicable State prevailing rate of wage as established by BOLI;

iv. Post the prevailing wage rates and fringe benefits as required by

ORS 279C.840;

v. Prepare weekly certified payroll reports and statements and submit them to the City by the fifth business day of each month (ORS 279C.845). Reports shall be submitted to the City of Bend, Attention: Procurement Manager, on a form prescribed by the Commissioner of the Bureau of Labor, certifying: (a) the hourly rate of wage paid each worker whom the contractor or the Subcontractor has employed upon the public works; and (b) that no worker employed upon the public works has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the contract. If the Contractor has not filed the certified statements as required under this contract, the City of Bend shall retain 25 percent of any amount earned by the Contractor until the Contractor has complied. The City of Bend shall pay the Contractor the amount retained under this subsection within 14 days after the Contractor has filed the certified statements with the City.

b. Contractor shall allow BOLI to enter the office or business establishment of Contractor at any reasonable time to determine whether the prevailing rate of wage is actually being paid and shall make payment records available to BOLI on request. Contractor shall require subcontractors to provide the same right of entry and inspection.

c. City shall not make final payment unless the prevailing wage rate certifications are received.

d. Prevailing Wage publications applicable to this contract are the Prevailing Wage Rates for Public Works Contracts in Oregon effective January 5, 2026, the February 18, 2026, Prevailing Wage Rate Amendments, and the February 18, 2026, Prevailing Wage Rate Apprenticeship Rates.

13. Warranties Contractor unconditionally warrants all work and materials under this contract, including additional work authorized under change orders, against any defects whatsoever, for one year from the date of acceptance by the City, except that manufacturers' warranties and extended manufacturer warranties as specified in the contract documents or otherwise is a standard manufacturer product warranty shall not be abridged. In addition to its right to proceed on the warranty, the City may recover for breach of contract or negligence even if defects do not become evident during the warranty period.

a. Contractor shall perform all work in accordance with all specifications, correcting any work not in compliance with specifications, and for all repairs of damage to other improvements, natural and artificial structures, systems, equipment, and vegetation caused by, or resulting in whole or in part from occurrences beginning during the warranty period and are the result of defects in construction or materials installed under this contract. Contractor shall be responsible for all costs associated with site cleanup and remediation caused by, or resulting in whole or in part from, defects in its work or materials.

b. Within ten calendar days of the City's written notice of defects, Contractor or Contractor's Surety shall start repair of the defects and all related damage. If Contractor or Contractor's Surety fails to correct and repair the defects in a timely manner, the City may have the correction and repair done by others. Contractor or Contractor's Surety shall promptly reimburse the City for all expenses incurred to correct and repair the defects.

c. In case of an emergency where delay could result in serious loss or damage, the City may make emergency corrections and repairs, without written notice. Contractor or Contractor's Surety shall promptly reimburse the City for all expenses incurred to correct and repair the defects.

d. All work done to comply with the warranty shall itself be warranted for one year beginning on the date of the City's Third Notification of the corrections, repairs, replacements or changes.

14. Liquidated Damages Contractor recognizes that the City shall incur significant internal and external costs (damages) as a result of any delay by the Contractor completing all Work within the specified Contract time. However, given the nature of the Project, it is unduly burdensome and difficult to demonstrate the exact dollar value of damages related to delay. The City has made a good faith and reasonable estimate of damages it would suffer from delay in completion. Contractor agrees to pay to City, not as a penalty but as liquidated damages, the amount specified in Section 00180.85 of the City of Bend Special Provisions to the General Conditions for each calendar day of delay in completion of the project.

The City of Bend is authorized to deduct the amount of the liquidated damages from any amounts due and the Contractor and its Surety shall be liable for any excess. See Section 00180.85 of the City of Bend Special Conditions to the General Conditions.

If the Contract is terminated according to Section 15 (Termination) and if the Work has not been completed by other means on or before the expiration of Contract Time or adjusted Contract Time, liquidated damages shall be assessed against the Contractor for the duration of time reasonably required to complete the work.

15. Termination

a. Default - City may terminate this Contact for default on ten calendar days’ written notice if Contractor:

i. Fails to comply with the requirements for records

ii. Violates any material provision of the Contract;

iii. Disregards applicable laws and regulations or the Engineer’s instructions;

iv. Refuses or fails to supply enough Materials, Equipment or skilled workers for the prosecution of the Work in compliance with the Contract;

v. Fails to make prompt payment to Subcontractors;

vi. Makes an unauthorized general assignment for the benefit of the Contractor’s creditors;

vii. Has a receiver appointed because of the Contractor's insolvency;

viii. Is adjudged bankrupt and the court consents to the Contract termination;

ix. Otherwise fails or refuses to perform the Contract according to its terms and conditions; or

x. Has liquidated and delinquent debt owed to the City

Contractor may avoid termination by remedying the default within the ten day notice period.

b. The City may extend the ten day period if it is satisfied that Contractor is making satisfactory progress towards remedying the default.

c. If the Contract is terminated by the City, upon demand the Contractor and the Contractor’s Surety shall provide City with immediate and peaceful possession of the Project Site, and of all Materials and Equipment to be incorporated into the Work, whether located on or off the Project Site, for which the Contractor received progress payments.

If the Contract is terminated for default, neither the Contractor nor its Surety shall be:

i. Relieved of liability for damages or losses suffered by the City because of the Contractor's breach of Contract; or

ii. Entitled to receive any further progress payments until the Work is completed. However, progress payments for completed Work that remain due and owing at the time of Contract termination may be made according to the City's payment terms, except that City shall be entitled to withhold sufficient funds to cover costs incurred by the City as a result of the termination. Final payment to the Contractor shall be made according to the City's payment terms.

d. If a termination for default is determined by a court of competent jurisdiction to be unjustified, the termination shall be deemed a termination for public convenience.

e. Termination for Public Convenience - City may terminate the Contract in whole or in part whenever the City determines that termination of the Contract is in the best interest of the public.

i. Notice:

The City shall provide the Contractor and the Contractor's Surety seven calendar days' written notice of termination for public convenience. On the termination date stated in the notice, Contractor and Contractor's Surety shall provide the City with immediate and peaceful possession of the Project Site, and of Materials and Equipment to be incorporated into the Work, whether located on and off the Project Site, for which the Contractor received progress payments

ii. Compensation:

If the Contract is terminated for public convenience, compensation shall be per Part 00195.70.

f. On termination, City may:

i. Take possession of the Project Site;

ii. Take possession of Materials on the Project Site;

iii. Take possession of Materials not on the Project Site, for which the Contractor received progress payments;

iv. Take possession of Equipment on the Project Site that is to be incorporated into the Work;

v. Take Possession of Equipment not on the Project Site that is to be incorporated into the Work, and for which the Contractor received progress payments; and

vi. Finish the Work by whatever method the City deems expedient.

Payment on termination shall be per Part 00195.70.

16. Compliance with Law

a. Contractor shall comply with all applicable federal, state and local laws, ordinances, and regulations. When multiple standards apply, Contractor shall comply with the more stringent standard. Contractor shall comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal, state and City civil rights and rehabilitation statues, ordinances, rules and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Pub L No. 101-336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws.

Contractor agrees to comply with ADA in its employment practices, and that it shall perform its contractual obligations consistently with ADA requirements and regulations, state law, and applicable regulations.

b. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful Bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the environmental and natural resources regulations listed in the invitation to Bid, Contractor shall immediately notify City and not perform further work without written direction from City. On request of the City, Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition and provide the cost estimate promptly to the City. Within a reasonable time after receiving the estimate, the City may:

i. Terminate the contract;

ii. Complete the work…