2025.02.17 ISB ITB Docs FP-2024-03B.pdf

REQUEST FOR

PROPOSAL

INTEGRATED BUILDING SERVICES PARKING LOT RENEWAL

PROJECT

CONTRACT ADMINISTRATOR:

Eastern Oregon University

Facilities Director John Garlitz

Facilities & Planning Department Phone: (541) 962-3114 Email: jgarlitz@eou.edu

RFP ISSUE DATE: Monday February 17, 2025

RFP CLOSING DATE: Tuesday March 11, 2025

NO LATE RESPONSES WILL BE ACCEPTED

ELECTRONIC SUBMITTAL ONLY

Lowann VanLeuven, EOU

Office: (541) 962-3020 Bids@eou.edu

Eastern Oregon University J-U-B ENGINEERS, INC. Page i ISB Parking Lot Renewal Project Bid Set 30-24-034

SCHEDULE OF EVENTS

Invitation to Bid Issue Date Monday February 17, 2025 Pre-Bid Conference Wednesday February 26, 2025 Bid Due Date Tuesday March 11, 2025

TABLE OF CONTENTS

SPECIFICATIONS AND CONTRACT DOCUMENTS

Eastern Oregon University

INTEGRATED BUILDING SERVICES PARKING LOT RENEWAL PROJECT

The Supplemental Specifications and Contract Documents are bound in their entirety and contain the following:

Page(s)

CERTIFICATIONS ............................................................................................................................ White Pages

Certification by Civil Engineer .................................................................................................................... Page 2

BIDDING REQUIREMENTS ............................................................................................................. White Pages

Invitation to Bid .............................................................................................................................................. BD-1

Information to Bidders ................................................................................................................................... BD-3

Bidder's Checklist .......................................................................................................................................... BD-5

Proposal ........................................................................................................................................................ BD-6

Bid Schedule ............................................................................................................................................... BD-10

Proposal Guaranty - Bid Bond .................................................................................................................... BD-15

Bidder's Warranty ........................................................................................................................................ BD-16

Contractor's Registration ............................................................................................................................. BD-17

First Tier Subcontractor Disclosure ............................................................................................................. BD-18

Public Improvement Contract ...................................................................................................................... BD-20

Performance Bond ............................................................................................................................ BD-25

Payment Bond ................................................................................................................................... BD-27

General Conditions for Public Improvement Contracts ............................................................................... BD-29

WAGE REQUIREMENTS (Notice of Public Works) .................................................... Incorporate by Reference

CONTRACT SPECIAL PROVISIONS AND STANDARD SPECIFICATIONS

Revisions to the Standard Specifications .......................................................................................... SP-1 to SP-9

Supplemental Technical Specifications ..................................................................................... STS-1 to STS-52

2024 Oregon Standards Specifications for Constructions .......................................... Incorporated by Reference

CONSTRUCTION DRAWINGS ........................................................................................... White Pages (11x17)

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-1

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INVITATION TO BID

Owner: Eastern Oregon University

Project: INTEGRATED BUILDING SERVICES (ISB) PARKING LOT RENEWAL PROJECT

Sealed bids for the ISB Parking Lot Renewal Project will be received by Eastern Oregon University until 1:00 PM Pacific Standard Time, Tuesday March 11, 2025 for the bidders proposal. Within 3 working hours after the date and time designated for bid opening, the bidders shall submit to EOU the First Tier Subcontractors Disclosure form. If a First Tier Subcontractor Disclosure form is not received by 4:00 PM the bid will be considered Non-Responsive. Bidder’s must submit the Bidder’s Proposal and the First Tier Contractor Form electronically. Hard copy submittals will not be accepted. Submissions must be delivered through email in searchable PDF format to Lowann VanLeuven, Bids@eou.edu, (office 541-962-3020) and must be electronically received by 1:00 PM Pacific Standard Time, Tuesday, March 11, 2025 for Bidder’s Proposal and 4:00 PM for the First Tier Subcontractors Form. Each email subject line must include the titles listed below for Bidder’s Proposal and Bidder’s First Tier Subcontractor Form:

a. “Bidder’s Proposal: ISB Parking Lot Renewal

b. “Bidder’s First Tier Subcontractor Form: ISB Parking Lot Renewal

Bidders are responsible for ensuring timely delivery of submittals. Offerors should telephone and confirm receipt of the completed email document(s) before time and date above. Proposals delayed or lost by email filtering systems for failures, may be considered at EOU’s sole discretion.

A non-mandatory Pre-Bid Conference will be convened on Wednesday February 26, 2025 at 1:00 PM at the north end of the ISB Parking Lot at 1607 Gekeler Ln, La Grande, Oregon 97850.

Work will include: reconstruction of an existing asphalt paved parking lot, concrete curbs, concrete sidewalks and storm drainage systems. The existing building will remain as is. Existing building tenants/operations will need to be maintained at all times during construction. Coordination with the building tenants before and during construction activities will be required by the Contractor. Building tenants will have access to paved parking spaces during construction activities.

Bid Procedures and Conditions, Bid Forms, Drawings, Specifications, and other Documents collectively referred to as Bid Documents may be examined at the following locations:

1. Eastern Oregon University, Facilities and Planning Department, One University Blvd., La Grande, Oregon 97850.

2. J-U-B ENGINEERS, Inc., 3611 S. Zintel Way, Kennewick, WA 99337.

For Bidding, copies of Bid Documents shall be downloaded online at: ORPIN (https://orpin.oregon.gov/open.dll/welcome) and ORPU (http://www.orpu.org/). These are uncontrolled documents and it is the sole responsibility of the bidder to determine if any and all addenda that have been posted and properly incorporated into the Contractors Bid Proposal.

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed, especially regarding employment of Oregon residents and minimum wage rates to be paid under the contract.

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-2

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The project is funded through University funds and as such Oregon Bureau of Labor and Industries (BOLI) Wage Rates must be paid on this project.

Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS

279.029. In determining the lowest responsible bidder, Eastern Oregon University will, for the purpose of awarding the Contract, add a percentage increase on the bid of a nonresident bidder equal to the percentage, if any, of the preference given to that bidder in the state in which the bidder resides.

Each proposal must be submitted on the prescribed form and accompanied by a bid bond payable to Eastern Oregon University in an amount not less than ten percent (10%) of the amount bid.

The successful Bidder will be required to furnish separate Performance and Payment Bonds of one hundred percent (100%) submitted on the prescribed forms for faithful performance of the Contract in the full amount of the Contract price. The Surety issuing the bond must have an attorney-in-fact or a principal doing business in the State of Oregon. This information must be included on the bond statement.

Eastern Oregon University reserves the right to reject any or all proposals for good cause, or any or all bids upon a finding of the Owner that it is in the public interest to do so, to postpone the award of the Contract for a period not to exceed thirty (30) days, and to accept that proposal which is to the best interests of Eastern Oregon University.

For information regarding this project, contact the consulting engineers, J-U-B ENGINEERS, Inc. phone

(509) 783-2144, Darral Moore, P.E.

Dated this 17th day of February 2025

John Garlitz, Facilities Director

Facilities and Planning Department

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-3

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INFORMATION FOR BIDDERS

1. PROJECT DATA AND REQUIREMENTS

a. Project Name: ISB Parking Lot Renewal Project

b. Project Location: 1607 Gekeler Ln, La Grande, Oregon

c. Project Owner: Eastern Oregon University

d. Project Financing: Eastern Oregon University

e. Project Owner’s Representative: Sarah Hollenbeck, (541) 962-3181

f. Project Starting and Completion Times:

Work is to commence within 14 calendar days of the date of Notice to Proceed (NTP) and shall reach substantial completion within 152 calendar days after NTP. NTP is anticipated on April 1, 2025. Construction activities shall commence on or after May 1, 2025 and must be substantially complete on or before August 30, 2025.

g. Project Coordination:

EOU will facilitate a meeting with the building tenants and the Contractor after NTP has been issued and up to 14 days prior to the start of construction activities to go over work schedule and approach to provide the tenants with either front or back access during construction activities.

h. Liquidated Damages:

Liquidated damages shall apply against the Contractor and accrue to the Owner at the rate of $2,000 per day for each and every calendar day that the project remains uncompleted beyond the substantial completion date as set by the Contract Time.

i. Bid Schedule:

The work is offered in one bid schedule on a unit price basis. Each item is to be bid. If a bid item is not filled in, the bid may be considered non-responsive. No substitutions, alternate bids or partial bids are allowed, except as provided by written addenda from the Engineer

j. Owner’s Engineer:

J-U-B ENGINEERS, Inc., 3611 S. Zintel Way, Kennewick, WA 99337 (509) 783-2144, Project Engineer: Darral Moore, P.E.

k. Retainage:

To ensure proper performance of this Contract, the Owner shall retain five percent (5%) of the amount of each progress payment until completion and acceptance of all work covered by this Contract.

l. Prevailing Wages:

The Contractor must pay and comply with all requirements of the Oregon Bureau of Labor and

Industries (BOLI) Wage Rates.

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-4

m. Performance and Payment Bonds:

Prior to execution of the Contract, the Bidder shall furnish separate bonds covering the faithful performance of the Contract, and the payment of all obligations arising thereunder, each in an amount equal to one hundred percent (100%) of the Contract sum. The cost of furnishing such bonds shall be included in the price proposal. The surety issuing such bonds shall be licensed to issue bonds in the State of Oregon. The Eastern Oregon University shall be named as an additional insured.

n. Maintenance Bond:

Prior to final payment and release of retainage, the contractor shall provide a maintenance bond acceptable to the Owner in an amount equal to one hundred (100%) of the contract sum. The term of the maintenance bond shall be twelve (12) months from the date of Completion.

o. SWPPP: The work zone is approximately 1.8 acres. The Contractor shall be responsible for obtaining all local, state, and federal permits required for stormwater pollution prevention as a result of the construction activities while meeting the contract time. On-site construction practices shall conform to the Oregon state mandated requirements. The Contractor shall prepare, submit, and file all required 1200-CN (1-5 acres of disturbance) permit, SWPPP/ECSP notice of intent and notice of termination as required by Oregon DEQ and Federal EPA requirements. Work is considered incidental to the project.

p. Basis of Award:

See Section 00130 Consideration of Bids in the Standard Specifications as modified by the Special Provisions.

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-5

BIDDER'S CHECKLIST

The Bidder's attention is especially called to the following forms or information, which must be submitted in full as part of the bid.

[ ] PROPOSAL signed and completely filled out.

[ ] BID SCHEDULE filled out showing bid amounts and properly signed.

[ ] PROPOSAL GUARANTY completed, signed, and dated.

[ ] BIDDER'S WARRANTY.

[ ] CONTRACTOR'S REGISTRATION.

Above forms MUST BE inserted in sealed envelope properly identified and delivered to the OWNER.

[ ] Complete and submit, in a separate envelope, the FIRST-TIER SUBCONTRACTORS

DISCLOSURE form. This form shall be submitted no later than two work hours after the time that bids are due (bid closing).

(This Bidder’s Checklist is provided as a convenience to the Bidder.

It is recommended, but not required, that this page be attached to the front of the bid.)

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-6

PROPOSAL

ISB Parking Lot Renewal Project

TO: ISB Parking Lot Renewal Project

Facilities & Planning Department One University Blvd.

La Grande, Oregon 97850

Bidder's Declaration and Understanding The undersigned Bidder declares that: (a) the Construction Drawings, Standard Specifications, Invitation to Bid, Information to Bidders, Proposal, Bid Schedule and all other Bidding Requirements, collectively referred to hereinafter as the Contract Documents for the construction of the proposed improvement have been carefully examined; (b) that the site has been personally inspected and that he has determined the extent, character, and location of the proposed work, the nature and type of excavation to be done, the location and condition of the existing streets and roadways giving access to the site of the work, and the topography of the site of the work; (c) that the Bidder is satisfied as to the quantities of materials, items of equipment and conditions or work involved including the fact that the description of the quantities of work and materials as included herein is brief and is intended only to indicate the general nature of such items and to identify the said quantities with the detailed requirements of the Contract Documents; and (d) that the Bidder's proposal is made according to the provisions and under the terms therein, which documents are hereby made a part of this proposal.

The Bidder further declares that the only persons or parties interested in this proposal are those named herein; that this proposal is in all respects fair and without fraud; that it is made without collusion with any official of Eastern Oregon University (Owner), and that the proposal is made without any connection or collusion with any person making another proposal on this Contract.

The Bidder further declares by the signing of this proposal that all the provisions required by ORS 279 & 701 relating to the payment of prevailing wage rates for work performed under the Contract with the Owner shall be complied with. Including, but not limited to:

a) Bidder is a registered with the Oregon Construction Contractors Registration Board in Oregon in accordance with ORS 701.035 through 701.055. The Bidder certifies that Registration Number ________________ (fill in registration number) allows their company to perform work on Public Works Projects and that this registration is current and valid. The Bidder further certifies that, if awarded the contract, all subcontractors performing the work will be registered with the Construction Contractors Board in accordance with ORS 701.055 before the subcontractors commence work under the contract (reference

ORS 279C.365).

b) Bidder agrees to be bound by and will comply with the provisions of the Oregon Prevailing Wage Law (ORS 279C.800 through ORS 279C and OAR 839-25). In addition, the Bidder will comply with ORS 297C.520 and 279C.540 in the hours of employment and the payment of overtime.

c) Bidder is in compliance with the State of Oregon tax laws in accordance with ORS 305.385.

d) Bidder, in accordance with ORS 297A.110, does not discriminate against minorities, women, or emerging small business enterprises in obtaining any subcontracts (reference ORS 279A.110).

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-7

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e) Bidder is a [Non-resident Bidder] or [Resident Bidder] (circle correct designation) as defined in ORS 279A.120. Resident Bidder means a bidder that has paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of the bid and has a business address in the State of Oregon per ORS 279C.365.

f) Bidder and Bidder’s subcontractors are not on the Oregon Construction Contractors Board list of corporations, partnerships, or other business entities of which the Contractor or subcontractor is an owner, shareholder, or officer of the business or was an owner or officer of the business and who have been determined not be qualified to hold or participate in a public contract for a public improvement.

g) Bidder has an employee drug testing program that meets State and Federal standards per ORS 279C.505.

The Bidder further agrees that its own judgment has been exercised regarding the interpretation of subsurface information and all data which it believes pertinent from the Engineer, Owner, and other sources in arriving at these conclusions have been utilized.

Contract Execution and Bonds The Bidder agrees that if this proposal is accepted, a Contract with the Owner, will be executed, within ten (10) work days after the date of the written Notice of Award, and will at that time, deliver to Owner the required Performance and Payment Bonds, and will, to the extent of this proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or shown in the Contract Documents.

Certificates of Insurance The Bidder agrees to furnish the Owner, before commencing the work under this Contract, the certificates of insurance as specified in these Contract Documents (refer to 00130.40 (b) of the 2024 Oregon Standards).

Start of Construction and Contract Completion Date The Bidder agrees to begin work within 14 calendar days after the date of the Notice to Proceed (NTP) for the Contract and to reach substantial completion within 152 calendar days after the date of NTP. NTP is anticipated on April 1, 2025. Construction activities shall commence on or after May 1, 2025 and must be substantially complete on or before August 30, 2025.

Liquidated Damages Liquidated damages shall apply against the Contractor and accrue to the Owner at the rate of $2,000 per day for each and every calendar day that the project remains uncompleted beyond the substantial completion date as set by the Contract Time.

Bid Bond Accompanying this proposal is a certified check, cashier's check or Bidder's bond in the sum of (10%) of Bid Total, which is to be forfeited as liquidated damages, if, in the event that this proposal is accepted, and the Bidder shall fail to execute the Contract and furnish satisfactory Performance Bond, Payment Bond, and insurance documents under the conditions and within the time specified in the Contract Documents; otherwise said check or bond is to be returned to the Bidder.

Surety If the Bidder is awarded a construction Contract on this proposal, the Surety who provides the Performance and Payment bond will be __________________________________________________________ whose address is

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-8

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Lump Sum or Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the following lump sum or unit price amounts stated in the Bid Schedule, it being expressly understood that the unit prices are independent of the exact quantities involved.

The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents.

Addendum The bidder hereby acknowledges receipt of Addendum Nos. ____, ____, _____, _____, _____ to these contract documents. The Bid Documents are uncontrolled and it is the contractor’s sole responsibility to check for and obtain addendums from the online posts.

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-9

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Bidder

The name of the Bidder submitting this proposal is: doing business at which is the address to which all communications concerned with this proposal and with the Contract shall be sent.

In accordance with ORS 279.029, Bidder hereby declares that it is / is not a resident Bidder. (Required - Circle appropriate option).

In submitting this bid, it is understood that the Owner reserves the right to reject any and all bids, to adjust the scope of the work within reasonable limits, and to postpone award for a reasonable time.

The names of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows:

If Sole Proprietor or Partnership: IN WITNESS hereto the undersigned has set his/her/its hand this day of , 2025.

Signature of Bidder Title

If Corporation: IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of , 2025.

Name of Corporation

(SEAL)

By

Attest Title

Telephone No. Fax No.

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-10

BID SCHEDULE

ISB Site Improvements Bid ODOT Pay

Item Number

Pay Item Name Unit Est.

Qty

Unit Price Total Price

0210- 0100000A

MOBILIZATION LS 1 $ $

0225- 0101000A

TEMPORARY WORK ZONE TRAFFIC

CONTROL, COMPLETE

LS 1 $ $

0280- 0100000A

EROSION CONTROL LS 1 $ $

0305- 0100000A

CONSTRUCTION SURVEY WORK LS 1 $ $

0310- 0100000F

REMOVAL OF PIPES FOOT 30 $ $

0310- 0101000F

REMOVAL OF CURBS

FOOT 2,460 $ $

0310- 0102000J

REMOVAL OF WALKS AND DRIVEWAYS

SQYD 1,985 $ $

0103000J

REMOVAL OF SURFACINGS SQYD 6,556

0310- 0104000E

REMOVAL OF INLETS

EACH 2 $ $

0310- 0105000E

REMOVAL OF MANHOLES

EACH 2 $ $

0106000A

REMOVAL OF STRUCTURES AND

OBSTRUCTIONS

EACH 2 $ $

0320- 0100000A

CLEARING AND GRUBBING LS 1 $ $

0330- 0105000K

GENERAL EXCAVATION CUYD 5,091 $ $

0350- 0101000J

DRAINAGE GEOTEXTILE, TYPE 2 SQYD 6,767 $ $

0350- 0105000J

SUBGRADE GEOTEXTILE SQYD 6,556 $ $

0445-

035008AF

8 INCH STORM SEWER PIPE, 5 FT

DEPTH FOOT 324 $ $

0445-

035010AF

10 INCH STORM SEWER PIPE, 5 FT

DEPTH

FOOT 36 $ $

0470- 0104000E

CONCRETE MANHOLES, STORM SEWER

POLLUTION CONTROL

EACH 1

0470- 0332000e

CATCH BASINS, TYPE 3 EACH 12 $ $

0640- 0100000M

AGGREGATE BASE TON 1,450

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-11

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ISB Site Improvements Bid ODOT Pay

Item Number

Pay Item Name Unit Est.

Qty

Unit Price Total Price

0640- 0100000M

3" MINUS PIT RUN (CLASS D BACKFILL) TON 8,300

0745- 0622000M

PG 64-28 IN LEVEL 2 ACP TON 960

0755- 0111000J

REINFORCED CONCRETE PAVEMENT 6

INCHES THICK SQYD 6

0759- 0110000F

CONCRETE CURBS, STANDARD CURB FOOT 2,460

0759- 0128000J

CONCRETE WALKS SQFT 1,985

0759- 0150000K

CONCRETE STAIRS EACH 2 $ $

0759- 0154100E

NEW CURB RAMPS EACH 5

0759- 0510000J

TRUNCATED DOMES ON NEW

SURFACES

EACH 5

0860- 0200000F

LONGITUDINAL PAVEMENT MARKINGS

– PAINT

FOOT 3,300

0867- 0173000E

PAVEMENT LEGEND, TYPE B: DISABLED

PARKING

EACH 6

0905-

0100000A REMOVE EXISTING SIGNS EACH 6

1040- 0196000M

ROCK MULCH

TON 95

1140- 0100000F

8 INCH POTABLE WATER PIPE, FITTINGS

AND COUPLINGS WITH CLASS A

BACKFILL

FOOT 470

PARKING LOT SIGNAGE EACH 6 $ $

IRRIGATION SYSTEMS MODIFICATIONS LS 1 $ $

CURB-O-LETS DRAINAGE STRUCTURE EACH 9 $ $

RESET BIKE RACK LS 1 $ $

PRIVATE UTILITY LOCATES/POTHOLING LS 1 $ $

TOTAL CONTRACT PRICE $

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-12

PROPOSAL GUARANTY - BID BOND

BOND NO

AMOUNT $

KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called the PRINCIPAL, and (Name of Contractor) a corporation duly organized under the laws of the State of , (Name of Surety) hereinafter called the Surety, having its principal place of business at , in the State of , and authorized to do business in the State of Oregon, as SURETY, are held firmly bound unto Eastern Oregon University, hereinafter called the OBLIGEE, in the sum of

DOLLARS ($ ), for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the PRINCIPAL is herewith submitting his or its Bid Proposal for Eastern Oregon University, ISB Site Improvements Project, said Bid Proposal, by reference thereto, being hereby made a part hereof.

NOW, THEREFORE, if the Bid Proposal submitted by the PRINCIPAL is accepted, and the Contract awarded to the PRINCIPAL, and if the PRINCIPAL shall execute the proposed Agreement for Construction and shall furnish such Performance and Payment Bonds as required by the Contract Documents within the time fixed by the documents, then this obligation shall be void; if the PRINCIPAL shall fail to execute the proposed Contract and furnish the bond, the SURETY hereby agrees to pay to the OBLIGEE the said sum as liquidated damages, within ten (10) days of such failure.

Signed and sealed this day of , 20 .

Principal: Surety:

By: By:

Title: Title:

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-13

BIDDER'S WARRANTY

By the act of submitting a bid for the proposed Contract, the Bidder warrants that:

1. The Bidder and all subcontractors he/she intends to use have carefully and thoroughly reviewed the

Drawings, Specifications and other Bid Documents have found them complete and free from ambiguities and sufficient for the purpose intended; further that,

2. The Bidder and all workmen, employees and subcontractors he/she intends to use are skilled and experienced in the type of construction represented by the Documents bid upon; further that,

3. Neither the Bidder nor any of his/her employees, agents, intended suppliers or subcontractors have relied upon any verbal representations, allegedly authorized or unauthorized from the Owner, his/her employees or agents including architects, engineers or consultants, in assembling the bid figure; and further that,

4. The bid figure is based solely upon the Bid Documents and properly issued written Addenda and not upon any other written representation.

Dated at , this day of , 2025

Name of Bidder:

By:

Title:

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-14

CONTRACTOR'S REGISTRATION

NAME OF FIRM:

ADDRESS:

Oregon State Department of Labor and Industries Contractor Registration Number:

SIGNATURE:

By: Date:

Title:

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-15

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM INSTRUCTIONS

Instructions for Submitting Form

Submit the First-Tier Subcontractor Disclosure form in any of the following manners:

With the bid.

No later than two working hours after the time set for opening bids. (For example, by 4:00 p.m. after a 2:00 p.m. bid closing). Submit as follows:

- Remove the form from the bid booklet and deliver it to the Eastern Oregon University Facility and Planning Department, One University Blvd., La Grande, Oregon 97850.

Instruction for First-Tier Subcontractor Disclosure

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

Specifically, when the contract amount of the first-tier subcontractor is greater than or equal to: (1) 5% of the total project bid, but at least $15,000, or (2) $350,000 regardless of the percentage of the total project bid, you must disclose the following information about the subcontractor not later than four working hours after the time set for opening bids:

The name of the subcontractor.

The Category of work that the subcontractor will be performing.

If your bid is greater than $100,000 you will not be using any first-tier subcontractors, you are still required to submit the form, with the appropriate box checked or enter “NONE” on the first line.

If your bid is greater than $100,000 and you are not subject to the above disclosure requirements, you are still required to submit the form, with the appropriate box checked or enter “NONE” on the first line.

THE OWNER MUST REJECT BIDS if the bidder fails to submit the disclosure form with this information by the stated deadline.

To determine disclosure requirements, the Owner recommends that you disclose subcontractor information for any subcontractor as follows:

1. Determine the lowest possible prime contract price. That will be the base bid amount less all alternate deductive bid amounts (exclusive of any options that can only be exercised after bid award).

2. Provide the required disclosure information for any first-tier subcontractor whose potential contract services are greater than or equal to: (1) 5% of the lowest contract price, but at least $15,000, or (2) $350,000 regardless of the percentage. Total all possible work for each subcontract in making this determination, (for example, if a subcontract will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential amount of the subcontractor’s services is $55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 and the $40,000 services).

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-16

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FIRST-TIER SUBCONTRATOR DISCLOSURE FORM

Project Name: _________________________________________________

Owner: _______________________

Bid Opening Date:

Name of Bidding Contractor:

Contact Name: Phone No:

CHECK THIS BOX IF YOU WILL NOT BE USING ANY FIRST-TIER SUBCONTRACTORS OR IF YOU

ARE NOT SUBJECT TO THE DISCLOSURE REQUIREMENTS (SEE INSTRUCTIONS).

FIRST-TIER SUBCONTRACTORS

Firm Name

Category of Work

(Attach additional sheets as necessary) It is the responsibility of Bidders to submit this Disclosure Form and any additional sheets, with the Project Name clearly marked, at the location indicated by the specified disclosure deadline. See Instructions to Bidders.

Eastern Oregon University J-U-B ENGINEERS, INC. Page BD-17

PUBLIC IMPROVEMENT CONTRACT

EOU Project Number FP-2024-03B February 14, 2025

Public Improvement Contract

Eastern Oregon University Facilities & Planning Department

EASTERN OREGON UNIVERSITY

PUBLIC IMPROVEMENT CONTRACT #FP-2024-03B

This Public Improvement Contract for Integrated Services Building Parking Lot Renewal , made by and between

EOU, hereinafter called “Owner”, and « » hereinafter called the “Contractor” (collectively the “Parties”), shall become effective on « » or the date this Public Improvement Contract has been signed by all the Parties and all required EOU Administrative approvals have been obtained, whichever is later.

Project Name and Description:

The Integrated Services Building Parking Lot Renewal Project fully renews the parking lots, curbs, installs a storm drainage system as documented in the Contract Documents.

Project Engineer: JUB ENGINEERS, INC.

The Owner and the Contractor agree as follows:

I. Contract Documents, Contract Price, and Work.

A. The Contract Documents. The Contract Documents include the documents identified as such in the Eastern

Oregon General Conditions for Public Improvement Contracts (the “General Conditions”) and as enumerated below and any amendments or modifications executed by the parties pursuant to the terms of the Contract.

Unless otherwise stated, terms used in this Public Improvement Contract have the definition assigned to them in the General Conditions.

B. Contract Price. The Contractor, in consideration of the Contract Price of $ « » be paid to the

Contractor by Owner in the manner and at the time provided in the Contract Documents, and subject to the terms and conditions provided for in the Contract Documents, hereby agrees to perform all Work described in and reasonably inferred from the Contract Documents. The Contractor acknowledges and agrees that the

Contract Price is a lump sum, which shall be subject to additions or deductions only as provided in the Contract

Documents. Contractor further agrees that Contractor is solely responsible for all costs of completing the Work that exceed the Contract Price and that Contractor is deemed to have allowed correct and sufficient amounts in the Contract Price to cover its related obligations under or arising from the Contract. The Contractor shall fully execute the Work described in the Contract Documents and all Work reasonably inferable therefrom, with the exception of any Work specifically indicated in the Contract Documents to be the responsibility of others.

II. Date of Commencement and Completion

A. Commencement. The date of the commencement of the Work shall be as follows:

[ « » ] The date of this Agreement.

[ « » ] A date set forth in a notice to proceed issued by the Owner.

[ « » ] Established as follows:

B. Substantial Completion, Final Completion, and Liquidated Damages for Delay

1. Substantial Completion. Subject to adjustments of the Contract Time as provided in the Contract

Documents, the Contractor shall achieve Substantial Completion of the entire Work:

February 14, 2025

[ « » ] Not later than it is understood that the Owner reserves the right to reject any and all bids, to adjust the scope of the work within reasonable limits, including to meet approved budgets, and to postpone award for a reasonable ( « » ) Days from the date of commencement of the Work.

[ X ] By the following date: August 30, 2025

2. Final Completion. Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Final Completion of the entire Work within 14 Calendar Days of achieving

Substantial Completion.

3. Liquidated Damages for Delay. Performance of the Work within the Contract Time, including but not limited to achieving Substantial Completion by the date required by the Contract Documents, is the essence of the Contract. The Contractor acknowledges that the Owner will sustain damages as a result of the

Contractor’s failure to achieve Substantial Completion of the Project in accordance with the Contract

Documents. These damages may include, but are not limited to, delays in completion and use of the

Project, and costs associated with Contract administration, additional costs paid to the Architect and the

Owner’s other contractors and consultants, and use of temporary facilities. The Contractor and the Owner acknowledge that the actual amount of damages would be difficult to determine accurately and agree that the following liquidated damages figure represents a reasonable estimate of such damages and is not a penalty.

a. Liquidated damages will be $2,000 for each day or partial calendar day of delay that Substantial

Completion extends beyond the required date of Substantial Completion.

b. The Contractor agrees to pay to the Owner the liquidated damage sums set forth above for each day of delay or any fraction thereof, and further agrees that the Owner may deduct such sums from payments the Owner otherwise owes to the Contractor under the Contract. If such deduction does not result in payment to the Owner of the assessed liquidated damages in full, the Contractor will promptly pay any and all remaining sums due to the Owner upon demand.

III. Representatives.

A. Contractor’s Representative. Contractor has named « » its' authorized Representative to act on its behalf in all matters related to the Contract. Contractor shall not remove or replace its representative without the written consent of the Owner. Contractor must submit a request to remove or replace its representative to the Owner at least 30 days prior to the proposed removal and replacement.

B. Owner’s Representative. Unless otherwise specified in the Contract Documents, the Owner designates

________________________ as its authorized representative in the administration of this Contract. The above-named individual shall be the initial point of contact for matters related to Contract performance, payment authorization, and to carry out the responsibilities of the Owner.

IV. Payment

A. Progress Payments. Provided that the Contractor submits a complete application for payment meeting all requirements of Section E of the General Conditions by the [ « » ] day of the month and otherwise complies with the conditions for payment in the Contract Documents, the Owner shall pay to the Contractor the amount due under the Contract Documents by the [ « » ] day of the month.

B. Final Payment. Provided that the Contractor submits a complete application for payment meeting all requirements of Section E of the General Conditions and otherwise complies with the conditions for final

February 14, 2025 payment in the Contract Documents and all other requirements for Final Completion are satisfied, the Owner shall pay to the Contractor the final amount due under the Contract Documents within [ « » ] days of the

Owner’s final acceptance of the Work. The Contractor’s acceptance of final payment shall constitute a waiver of any and all claims by the Contractor and its Subcontractors.

C. Interest. Payments due and unpaid under the Contract shall bear interest from the date payment is due at the following rate: [ « » ].

V. Tax Compliance.

The individual signing on behalf of Contractor hereby affirms, under penalty of perjury as provided in ORS

305.385(6), that, to the best of Contractor’s knowledge, the Contractor is not in violation of any of the tax laws described in ORS 305.380(4). For purposes of this certification, “tax laws” means a state tax imposed by ORS

320.005 to 320.150 and 403.200 to 403.250, ORS Chapters 118, 314, 316, 317, 318, 321 and 323; the elderly rental assistance program under ORS 310.630 to 310.706; and local taxes administered by the Oregon Department of

Revenue under ORS 305.620.

VI. Insurance and Payment and Performance Bonds.

A. Insurance. During the term of this Contract, Contractor shall comply and shall require all of its

Subcontractors to comply with the insurance requirements set forth in Exhibit A and shall provide proof of such compliance, including copies of insurance policies, upon Owner’s request.

B. Bonds. The Contractor shall obtain performance and payment bonds meeting the requirements of Section

G.2 of the General Conditions and the performance and payment bonds provided in the Bid Documents to include in the Bidder’s Proposal.

VII. Dispute Resolution.

Claims and disputes arising out of the Contract or the Project that are not resolved pursuant to the Claims Review

Process set forth in Section D.3 of the General Conditions shall be resolved by litigation as set forth in Section B.16 of the General Conditions.

VIII. Suspension and/or Termination

A. By the Owner. The Contract may be suspended or terminated by the Owner as set forth in Section J of the

General Conditions.

B. By the Contractor. In addition, the Contractor may terminate the Contract for cause in the event that the

Owner fails to pay undisputed amounts owed to the Contractor pursuant to the Contract Documents; provided that the Contractor provides seven (7) Days written notice of its intent to terminate and Owner fails to cure within such seven (7) Day period. In the event that the Contractor terminates for cause, the Contractor shall be entitled to compensation for Work properly executed. Contractor shall not be entitled to lost profit or other compensation for Work not performed.

IX. Integration

The Contract Documents constitute the entire agreement between the parties. There are no other understandings, agreements or representations, oral or written, not specified herein regarding this Contract. Contractor, by the signature below of its authorized representative, hereby acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms and conditions.

February 14, 2025

X. Compliance with Law.

Contractor will comply with all federal, state, and local laws applicable to the Work under this Contract, and all regulations and administrative rules established pursuant to those laws, including without limitation, the following requirements of the Oregon Public Contracting Code set forth below, even if such requirements ordinarily would not apply to the Work under ORS 352.138 as set forth in Section A.4.5 of the General Conditions. In the event of a conflict between the provisions set forth below and similar provisions in the General Conditions, the provisions set forth below will govern.

A. ORS 279C.605 (Notice of Claim on Bond). Any person claiming a right of action under ORS 279C.600 must file a notice of claim as provided in ORS 279C.605.

B. ORS 279C.800 to 279C.870 (Payment of Prevailing Wage Required).

1. This Contract is subject to payment of prevailing wages under ORS 279C.800 to 279C.870. Each worker the Contractor, subcontractor or other person who is party to the contract uses in performing all or part of the Contract must be paid not less than the applicable prevailing rate of wage for each trade or occupation as defined by the Director of the State of Oregon Bureau of Labor and Industries ("BOLI") in the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in

Oregon. The latest prevailing wage rates for public works contracts in Oregon are contained in the following publications: The Prevailing Wage Rates for Public Works Projects in Oregon, the PWR

Apprenticeship Rates, and any amendments to the PWR rates or Apprenticeship rates. Such publications can be reviewed electronically at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr_state.shtml.

2. This Contract is not subject to payment of prevailing wages under the federal Davis-Bacon Act (40

U.S.C. 3141 et seq.). Notwithstanding Section 17.l.xii.a of this Section, if this Contract is also subject to payment of prevailing wages under the Davis-Bacon Act, Contractor and any subcontractors must pay the higher of the federal prevailing wage rate or the state prevailing wage. The latest federal prevailing wage rates can be reviewed electronically at http://www.wdol.gov/Index.aspx. Contractors shall follow all prevailing wage rules including posting the Davis Bacon Poster at the worksite and submitting certified payroll records. The poster is available at http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf.

The payroll form is at http://www.dol.gov/whd/forms/wh347instr.htm.

3. The applicable prevailing wages under subsections will be those in effect on the start of the Construction

Phase as described in Section 3.b of this Contract, and shall be incorporated in the GMP Amendment or, if applicable, the Early Work Amendment.

4. The Contractor and all Subcontractors will keep the prevailing wage rates for this Project posted in a conspicuous and accessible place in or about the Project.

5. The Owner will pay a fee to the Commissioner of the Oregon Bureau of Labor and Industries as provided in ORS 279C.825. The fee will be paid to the Commissioner under the administrative rule of the

Commissioner.

6. If the Contractor or any Subcontractor also provides for or contributes to a health and welfare plan or a pension plan, or both, for its employees on the Project, it will post notice describing such plans in a conspicuous and accessible place in or about the Project. The notice will contain information on how and where to make claims and where to obtain future information.

February 14, 2025

C. ORS 279C.836 (Public Works Bond Required).

1. The Contractor will file a public works bond with the Construction Contractors Board pursuant to ORS

279C.836 before starting work on the Project, unless exempt under ORS 279C.836(2) (7) or (8).

2. The Contractor will include in every subcontract a provision requiring the Subcontractor to file a public works bond with the Construction Contractors Board pursuant to ORS 279C.836 before starting work on the Project, unless exempt under ORS 279C.836(2), (7) or (8).

D. ORS 279C.845 (Prevailing Wage Certification; Additional Retainage).

1. The Contractor and every Subcontractor will file certified statements with the Owner in writing in the form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker whom the Contractor or Subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the Contract, which certificate and statement will be verified by the oath of the Contractor or the Contractor’s surety or Subcontractor or

Subcontractor's surety that the Contractor and any Subcontractor has read such statement and certificate and knows the contents thereof, and that the same is true to the Contractor or Subcontractor's knowledge.

The certified statements will set out accurately and completely the payroll records for the prior week including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Audit will need access to these documents to help verify and validate the labor portion of the Cost of the Work. See also Section C.2 of the General Conditions.

2. The certified statement will be delivered or mailed by Contractor or Subcontractor to the Owner.

Certified statements for each week during which the Contractor or Subcontractor employs a worker upon the public work will be submitted once a month, by the fifth business day of the following month.

Information submitted on certified statements may be used only to ensure compliance with the provisions of ORS 279C.800 to 279C.870. Notwithstanding any other provision of this Contract and in addition to any other retainage required under this Contract, the Owner will retain 25 percent of any amount earned by the Contractor until the Contractor filed the certified statements with the Owner as required by this Section.

The Owner will pay the retainage required under this Section within 14 days after the Contractor files the certified statements required by this Section.

3. Contractor and each Subcontractor will preserve the certified statements for a period of three years from the date of completion of the Contract.

XI. Miscellaneous Provisions.

A. Headings. The headings used in the Contract are solely for convenience of reference, are not part of the

Contract and are not to be considered in construing or interpreting the Contract.

B. Savings Clause. Should any provision of the Contract, at any time, be held to be invalid or unenforceable for any reason, and if the provisions of the Contract that are essential to each party’s interests otherwise remain valid and enforceable, then the remaining provisions of the Contract shall remain in full force and effect and the court shall give the offending provision the fullest meaning and effect permitted by law.

C. Coordination of Work. The Contractor agrees to coordinate all Work with the activities of the Owner and the Owner’s separate contractors and consultants at or adjacent to the Project site, including but not limited to

February 14, 2025 the Owner’s planned renovation of Inlow Hall, to minimize interference and disruption to such other activities.

The Contractor specifically acknowledges that it has made consideration for the Inlow Hall renovation project in its schedule for the Project and in agreeing to the dates for Substantial Completion and Final Completion.

XII. Enumeration of Contract Documents

The Contract is comprised of the following Contract Documents:

A. This Public Improvement Contract

B. The General Conditions

C. The following exhibits:

Exhibit A: Contractor’s Required Insurance

D. The Solicitation Document and addenda thereto, Instructions to Offerors, and Supplemental

Instructions to Offerors

E. The accepted Offer

H. Contract Amendments, Change Orders, and Change Directives issued after execution of this Public

Improvement Contract.

To the extent that the accepted Offer includes disclaimers or limitations of liability, they are expressly rejected and not made part of the Contract unless otherwise expressly incorporated herein. Any conflict or discrepancy between the accepted Offer and any other Contract Documents shall be resolved in favor of the other Contract Documents or the interpretation requiring the greater quantity or quality of work. Conflicts and discrepancies between Contract

Documents not involving the accepted Offer shall be resolved in the manner set forth in Section A.3.1 of the

Contract Documents.

February 14, 2025

In witness whereof, Eastern Oregon University executes this Contract and the Contractor does execute the same as of the day and year indicated below.

CONTRACTOR DATA:

Contractor Name and Address:

CONTRACTOR FEDERAL TAX ID #: ______________

CONTRACTOR CCB:

Expiration Date: ____________

[Payment information will be reported to the IRS under the name and taxpayer ID # provided above. Information must be provided prior to contract approval.