2025 Reservoir Coatings Project Bid Docs - Complete Document 10-16-25.pdf

TABLE OF CONTENTS

INVITATION TO BID ......................................................................................................................... 1.00

INFORMATION FOR BIDDERS

PREQUALIFICATION ........................................................................................................................ 2.00

BID PROPOSAL .................................................................................................................................. 3.00

BIDDER’S QUALIFICATONS ........................................................................................................... 4.00

Statement of Qualifications Form

BID BOND/SECURITY ...................................................................................................................... 5.00

STATUTORY PUBLIC WORKS BOND .......................................................................................... 6.00

CONTRACT ......................................................................................................................................... 7.00

ASSIGNMENT OF ANTITRUST RIGHTS ...................................................................................... 8.00

NON-COLLUSION AFFIDAVIT ....................................................................................................... 9.00

PERFORMANCE/PAYMENT BOND ............................................................................................ 10.00

CERTIFICATE OF INSURANCE .................................................................................................... 11.00

SPECIAL CONDITIONS ................................................................................................................... 12.00

IRS FORM W-9 (Taxpayer ID number and certification) .................................................. 13.00

SPECIAL SPECIFICATIONS ........................................................................................................... 14.00

Invitation to Bid – Page 1 of 2

1.00

INVITATION TO BID

Sealed bids for the 2025 Reservoir Coatings Project will be received by the City of Pendleton c/o Jeff Brown, Public Works Director, 500 SW Dorion Avenue, Pendleton, OR 97801 until 2:00 pm local time on the 13th day of November, 2025, plainly marked “2025 Reservoir Coatings Project”. All bid documents shall be submitted in hard copy. Electronic or e-mailed submissions shall be rejected. Bids submitted after the above-specified date and time shall not be opened.

Public bid opening will be available via Zoom or at the Community Development Department at City Hall, same address as above, at 2:00 pm local time, Thursday, October 15, 2025. Contact the Public Works Department at 541 966-0203 or keri.standley@pendletonor.gov, 541 966-0240, for the Zoom link.

Bid documents may be obtained for a non-refundable fee of $25.00 from the Community Development Department located at the same address as above or by calling (541) 966-0203. A copy is also available online on the City of Pendleton’s website: https://pendletonor.gov/rfps or on the OregonBuys website:

https://oregonbuys.gov/bso/view/login/login.xhtml. For the nearest location of a review copy, also contact the Community Development Department. Bid documents will be available until 5:00 pm, November 7, 2025.

The Oregon Standard Specifications for Construction (ODOT/APWA) latest revision, excluding Sections 00100 and 00745.95, and the City of Pendleton Standard Specifications will apply to all construction work not noted in the Special Specifications. It is the Contractor’s responsibility to obtain the latest revisions made to these specifications (latest revisions to City Standard Specifications, January 2001 with minor revisions 2001, 2004, 2005, 2006, 2012 and 2019).

All bidders must be prequalified for the class of work included in this bid document in accordance with the laws of the State of Oregon, and all prequalification applications including payment must be submitted to the City by 1:00 pm Wednesday, November 12, 2025, the day before the bid opening. (See Section 2.00)

The City of Pendleton will not mail notice of Addenda, but will post notice of any Addenda on the OregonBuys website and the City’s website (https://pendletonor.gov/rfps). Addenda may be downloaded off these websites and will be faxed or emailed to all bidders who have requested to be on the City’s Planholders List. Contact keri.standley@pendletonor.gov to be added to the City’s list. Bidders should frequently check the websites until bid closing.

Each Bid Proposal must be submitted on the prescribed form (Section 3.00) accompanied by a certified or cashier check drawn from an Oregon Bank in good standing, or banks doing business in Oregon in good standing, or a Bid Bond issued by a surety company authorized to issue such bonds in the State of Oregon, payable to the City of Pendleton, Oregon, in an amount not less than five percent (5%) of the total amount of the Bid submitted.

All bidders must comply with ORS Chapter 279C and pay applicable prevailing wage rates in effect on July 5, 2025, including any amendments, as stated in the Prevailing Wage Rates for Public Works Contracts in Oregon published by the Oregon Bureau of Labor and Industries (see www.oregon.gov/boli).

The successful bidder will be required to furnish a bond for faithful performance of the contract in the full amount of the contract price. In addition to required performance bonds which may be used for unpaid wages, all contractors, subcontractors and non-construction companies working on public works projects, with a contract price that exceeds $100,000, subject to the Prevailing Wage Rate law, must file a $30,000 Public Works Bond with the Construction Contractor’s Board before starting work on the project, unless exempt, to be used exclusively for unpaid wages determined to be due by BOLI .{ORS 279C.830 and ORS 279C.836} (See forms included in Section 5.00)

Each bidder must identify whether they are a resident bidder as defined in ORS 279A.120. (Preference for Oregon goods and services)

Invitation to Bid – Page 2 of 2

Nonresident Bidders: ORS 279A.120(3) states: “When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue (DOR) on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.” See form attached to the end of Special Conditions (Section 12.00). For information about DOR requirements, contact:

http://www.oregon.gov/DOR

The Contractor shall, within two (2) working hours of the advertised bid opening, submit the first-tier subcontractor disclosure form. This form is to notify the Community Development Director in writing the names of the first-tier subcontractors. The disclosure form is attached to the end of the Special Conditions (Section 12.00). If no subcontractors need to be disclosed, enter “NONE” on the form and submit it.

The Contractor, its subcontractors, if any, and all employers working under this Contract are subject employers under the Oregon Workers’ Compensation law and shall comply with ORS Chapter 656, which requires them to provide workers’ compensation coverage for all their subject workers.

The City reserves the right to accept that proposal which is in the best interest of the City of Pendleton, Oregon and to postpone the award of the Contract for a period not to exceed thirty (30) calendar days.

The deadline for filing a protest by the second responsible bidder is seven (7) calendar days after the Notice of Intent to Award has been issued. Protest must be in written form and received by 5:00 pm on the 7th day from the date of the letter of intent to award issued by the Community Development Director. Once the Notice of Intent to Award has been issued, bid submittal information will be available for public review.

Dated this 15th day of October, 2025.

Jeff Brown, Public Works Director

INFORMATION FOR BIDDERS

City of Pendleton, hereby referred to as OWNER, will be completing work under one contract for the 2025 Reservoir Coating Project. Bids are expected to be opened at 2:00 pm local time, Thursday, November 13, 2025. Bid award, with seven (7) calendar day notice of intent declaration, will likely take place on Tuesday, December 2, 2025, at the regularly scheduled City Council meeting, 7:00 pm, City Hall, 500 SW Dorion Avenue, Pendleton, Oregon. Virtual meeting attendance is available by visiting City of Pendleton website: https://pendletonor.gov/

The City of Pendleton seeks qualified contractors to rehabilitate two welded steel water storage tanks: the 1.8-million-gallon Water Filtration Plant (WFP) Clearwell and the 1.1-million-gallon Southwest Reservoir. Work will include surface preparation, coating, removal and replacement of compromised materials, reinstallation of structural and operational components, sealing, and disinfection of tanks upon completion. The Clearwell project involves removal and replacement of baffling, repair or replacement of deteriorated steel and rafter supports, recoating of interior and exterior surfaces, resealing of foundations, and coordination with a structural engineer for material assessment. The Southwest Reservoir project requires removal of the cathodic protection system, interior rehabilitation, optional exterior recoating, foundation resealing, and disinfection. Both projects require shop drawings, approvals, and preservation of tank identification plates.

All work must comply with the City of Pendleton Public Works Standards, APWA specifications, applicable federal, state, and local codes, and the order of precedence outlined in the Contract Documents.

Contractors are responsible for providing all labor, materials, and equipment; ensuring safety and traffic control; coordinating shutdowns with minimal service disruption; maintaining cleanliness and erosion control; and protecting existing structures, utilities, and water quality. A detailed Project Health and Safety Plan is required, along with compliance to Oregon OSHA regulations and designation of a competent safety supervisor. Tank painting contractors must be prequalified or approved prior to bidding.

The above information is a general outline of principal features of the work. It does not in any way limit the responsibility of the CONTRACTOR(s) to perform all work and furnish all equipment, labor and materials required by the specifications and drawings. The drawings and specifications shall be considered and used together. Anything appearing as a requirement of either shall be accepted as applicable to both even though not so stated therein or shown.

Bidders must submit the following completed documents with their bids by the due date (November 13, 2025) and time (2:00 pm local time) indicated on the Invitation to Bid (Section 1.00) or as stated on any addendum(s) stating otherwise. Bids not containing the following items may be considered non-responsive:

Bid Proposal – signed by company representative having authority to submit bids – see Section 3.00 Bid Bond/Security (5%) in form of certified or cashier’s check drawn from an Oregon Bank or banks doing business in Oregon in good standing – see Section 5.00 Acknowledgement of ALL Addenda Non-Collusion Affidavit (signed by company representative and notarized) – see Section 9.00

Bidder shall, within two (2) working hours of the advertised bid opening, submit the first-tier subcontractor disclosure form – see end of Section 12.00

Upon award of contract the SUCCESSFUL BIDDER must be prepared to submit the following completed documents within ten (10) business days of contract award:

Three original signed contracts (provided by City) Copy of Statutory Public Works Bond Performance and Payment Bond

Certificate of Liability Insurance Oregon Nonresident Bidder Form (if applicable) IRS Form W-9 Application and payment for City Business License (Contractor and any subcontractors) Signed copy of Special Conditions (provided by City - Section 12.00) BOLI Wage Rate Worksheet (indicating BOLI Wage Rates used for the project) o Example worksheet attached Construction Schedule

BOLI Wage Rate Worksheet

BOLI Region Rate BOLI Appendix Rate

CLASSIFICATION

BASIC

HOURLY

HOURLY

FRINGE

TOTAL BASIC HOURLY W/ZONE

HOURLY

FRINGE

TOTAL

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

2.00

PREQUALIFICATION

PUBLIC WORKS DEPARTMENT

CITY OF PENDLETON

PENDLETON, OREGON

Oregon Law requires a statement as to financial ability, equipment and experience to be completed and submitted by prospective contractors bidding on contracts for public improvements, the estimated cost of which is $10,000 or over. No contractor is eligible to bid until this statement has been submitted.

Bidders must be prequalified for the class of work included in the bid documents. The City of Pendleton no longer accepts a copy of a bidder’s approved Oregon Department of Transportation’s prequalification application or approval letter. The City requires their own application to be completed and filed with the City Public Works Director’s Office. All prequalification applications must be submitted to the City and paid for by 1:00 pm the day before the bid opening date.

Upon request, this application is available to you through this office at 541 966-0203 or online at https://www.pendletonor.gov/cdev/page/prequalification-application for your use in prequalification for this work.

The application can be emailed to the Public Works Secretary at keri.standley@pendletonor.gov, and payment of the application fee can be made online using the following link:

https://pendletonor.municipalonlinepayments.com/pendletonor/easypay/cyPtKllh7kmoihtGLpT_bg/contractors-pre-qualification

Prequalification - Page 1 of 1

3.00

PROPOSAL

Honorable Mayor and City Council City Hall Pendleton, Oregon 97801

The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that the Proposal is in all respects fair and without fraud, but it is made without collusion with any official or employee of the City of Pendleton, Oregon, and that the Proposal is made without any connection or collusion with any person making another Proposal on this Contract.

The Bidder further declares that he has carefully examined the Contract Documents for the construction of the proposed improvements, and he has personally inspected the site, and he has satisfied himself as to the quantities of the materials, items of equipment, and conditions of work involved, including the fact that the description of the 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 that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereto attached and are hereby made a part of this Proposal.

The Bidder agrees that the proposal pricing listed is FIRM for a minimum of forty-five (45) days after bids are opened prior to bid award.

The Bidder agrees that if this Proposal is accepted, he will, within ten (10) calendar days after notification of acceptance, execute the Contract with the City of Pendleton, Oregon, in the form of Contract annexed thereto, and will, at the time of execution of the Contract, deliver to the City of Pendleton, the Performance Bond required herein, and will to the extent of his Proposal, furnish all machinery, tools, and apparatus and other means of construction and do all the work and furnish all the materials necessary to complete the work in the manner and in the time and according to the methods as specified in the Contract Documents and required by the Engineer there under.

The Bidder agrees to complete the work identified for each schedule of work at the option of the City of Pendleton.

The City, at its sole discretion, will identify and select the schedules of work that best fit the City’s budget for this work.

In the event the Bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid the City of Pendleton, Oregon, at the rate of one percent (1%) per calendar day of the price of contract work not yet completed, or $500.00 per calendar day, whichever is greater, for work not completed by June 30, 2026. Sundays and legal holidays shall be excluded in determining days of default.

The Bidder further proposes to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved, that they represent a true measure of the labor and material 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.

The Contract will be awarded based on bids. City reserves the right to award or reject the bids that are in the best interest of the City.

Bidders must submit the following completed documents with their bids by the bid due date (November 13, 2025) and time (2:00 pm) indicated on the Invitation to Bid (Section 1.00) or as stated on any addendum(s) stating otherwise. Bids not containing the following items may be considered non-responsive:

Bid Proposal form - signed by company representative having authority to submit bids – see Section 3.00

Bidder’s Qualifications – including acknowledgement for the following - see Section 4.00 o Tank Painting Contractor

Bid Bond/Security (5%) in form of certified or cashier’s check drawn from an Oregon Bank – see Section 5.00

Acknowledgement of ALL Addenda Non-Collusion Affidavit (signed by company representative and notarized) - see Section 9.00 First-Tier Subcontractor Disclosure Form (must be submitted by Disclosure Deadline Date and

Time)

– see end of Section 12.00

The following instructions outline the procedure for preparing and submitting Bids. Bidders must fulfill all requirements as specified in this Contract Document:

Prequalification must be submitted by 1:00 pm the day before the bid opening: (bid opening November

13, 2025.

A bid amount shall be submitted in the appropriate place for each Item for which a Bid is being submitted.

Bidders shall use only the Bid Proposal form provided in this Contract Document. All blank spaces in the Bid Proposal form must be filled in completely where required. No changes shall be made in the phraseology of the forms.

The Bid Proposal form may be submitted separately from the remainder of these Contract Documents. It must be submitted in a sealed envelope and marked clearly to indicate its contents without being opened.

The Bidder shall acknowledge receipt of all Addenda to the Bid. Bids received without acknowledgement or without the Addenda enclosed may be considered nonconforming. Notice of Addenda will not be mailed but will be posted on City’s website: https://pendleton.or.us/rfps and the OregonBuys website: https://oregonbuys.gov/bso/view/login/login.xhtml. Addenda may be downloaded off these websites and will be faxed or emailed to all bidders who have notified City to request their firm be placed on the Planholders list. Contact keri.standley@pendletonor.gov to be added to the List.

Bidders should frequently check City’s website until bid closing.

Any taxes required by the laws and statutes of the State of Oregon and its political subdivisions shall be paid by the Contractor.

Owner will pay all permit expenses with the exception of temporary permits related to construction work. The successful Bidder must pay all temporary permit expenses.

All Bids must be submitted no later than the prescribed time, place, and manner set forth in the Contract Documents.

Bids without sufficient data to provide a complete evaluation may not be considered.

Any Bidder may modify its Bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of the Bids, provided the Owner receives such communication prior to the closing time. The telegraphic or written communication should not reveal the Bid Amount; however, it should state the addition, subtraction, or other modification so that the final amount or terms will not be known to the Owner until the sealed Bid is opened.

Bids cannot be modified at any time following the deadline for receipt of the Bids.

Bids must be accompanied by a certified or cashier’s check drawn from an Oregon Bank in good standing, or banks doing business in Oregon in good standing, or a Bid Bond issued by a surety company authorized to issue such bonds in the State of Oregon, in an amount not less than five percent (5%) of the total amount of the Bid submitted. This check or Bid Bond shall be given as guarantee that if awarded the Contract, the successful Bidder will execute the Contract within the time specified. See Standard Specifications for the City of Pendleton – Section 5.00 – Bid Security for more information.

Non-Collusion Affidavit must be submitted with the Bid; otherwise, the Bid may be considered non-responsive. (See Section 9.00)

First-Tier Subcontractor Disclosure Form must be submitted by the date and time designated in the Invitation to Bid. This Form must be submitted separately for each Schedule, even if there are no Subcontractors that need to be disclosed; otherwise, the Bid will be considered non-responsive. See Special Conditions (Section 12.00) for more information and a copy of the Disclosure Form.

Tank Painting Contractor:

(Do not leave blank. If Bidder is an approved Tank Painting Contractor, enter Bidder’s name)

If there is no pre-approved specialty contractor noted in Addendum issuance (see Section 4.00), write in “SOQ” and provide a copy of the Statement of Qualifications for the specialty contractor consideration.

The Owner will make the award of work based on the best interests of the City of Pendleton. The Owner also reserves the right to reject any or all Bids and to postpone the award of the work for a period not to exceed thirty

(30) calendar days with time extensions for completion date. The Owner, at its sole discretion, reserves the right to select the Bid(s) most beneficial to the City of Pendleton.

Bidder intends to provide the services of the following (enter the names of the proposed prequalified, Tank Painting Contractor:

2025 Reservoir Coatings Project

Time of Completion: No later than June 30, 2025

Schedule A: WFP Clearwell

Item Approx. Extended No. Quantity Item with Unit Price Bid Unit Price Total

A-1. LS Mobilization, bonds, insurance and demobilization

A-2. LS Removal and reinstallation of existing baffling systems, including reuse of existing fasteners with new insulating sleeves and washers

A-3. LS Tank interior surface preparation and coating

A-4. LS Tank exterior surface preparation and coating, including tank foundation grouting removal and replacement

A-5. LS Tank disinfection

A-6. 10 EA Existing rafter support repair

Schedule B: Southwest Reservoir

Item Approx. Extended No. Quantity Item with Unit Price Bid Unit Price Total

B-1. LS Mobilization, bonds, insurance and demobilization

B-2. LS Removal of existing cathodic protection system, Including seal welding any holes in tank roof and repairing coating

B-3. LS Tank interior surface preparation and coating

B-4. LS Tank disinfection

B-5. LS OPTIONAL WORK: Tank exterior surface preparation and coating, including tank foundation grouting removal and replacement

GRAND TOTAL BID AMOUNT:

It is agreed that if the Bidder is awarded the Contract for the work proposed herein, and shall fail or refuse to execute the Contract and furnish the specified Performance and Payment Bond within ten (10) days after the receipt of the Notification of Acceptance of his Bid Proposal, then, in that case, the bid security deposited herewith by the said Bidder, according to the conditions of the Invitation to Bid and Information for Bidders, shall be retained by the City of Pendleton, Oregon, in accordance with the terms of the Bond as specified in the Information for Bidders.

The Bidder has examined and carefully studied the Contract Documents, the other related data identified in the Contract Documents, and the following Addenda, receipt of all which is hereby acknowledged:

Addendum Number: Addendum Date:

The name of the Bidder who is submitting this Proposal is doing business at (Street) (City) (State) (Zip) which is the address to which all communication concerned with this Proposal and with the Contract shall be sent.

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

Print Name Print Name

Signature Signature

Dated this day of __________________, 2025.

Signature of Bidder

Title

4.00

BIDDER’S QUALIFICATIONS

(To be submitted with Bid)

Bidder’s shall complete this Bidder’s Qualifications Document and submit it with their Bids, along with Statements of Qualifications Forms for the following specialty contractors: 1) Tank Painting Contractor, found in this Section. Additional pages may be provided, but this form shall be filled out completely.

Consor is the owner’s design consultant for this project. Below is a list of Consor’s prequalified Tank Contractors and Tank Painting Contractors for this project. These companies have all completed Consor’s SOQ review and approval process and/or have successfully completed at least one Consor-designed project to make this list.

Tank Painting Contractors:

1. Coatings Unlimited, Inc., Kent, WA

2. F.D.Thomas, Central Point, OR

3. Long Painting Company, Portland, OR

4. National Industrial Painting, Inc, University Place, WA

5. Purcell Painting & Coatings, Vancouver, WA

An addendum listing all prequalified contractors will be issued by the close of Thursday, November 7, 2025 for 1) Reservoir Contractors, 2) Tank Painting Contractors, 3) Transmission Main Contractors, and 4) Controlled Blasting Contractors.

ALL BIDS MUST BE SUBMITTED WITH PREQUALIFIED SPECIALTY CONTRACTORS

NOTED ON THE BID PROPOSAL FORM. If a prequalified specialty contractor is not noted in the Addendum issuance, Bidder must submit a Statement of Qualifications for the specialty contractor with their bid and it will be assessed as part of the Proposal. (see attached forms)

IF A BID IS SUBMITTED WITHOUT NOTING PREQUALIFIED SPECIALTY CONTRACTORS,

that bid will be deemed NON-RESPONSIVE and be REJECTED. In the absence of a specialty contractor not being listed in the Addendum issuance, a Statement of Qualification must also be submitted with the Bid for the specialty contractor consideration and will be reviewed with the Bid Proposal and Bidder’s Qualifications. ALL BIDS MUST INCLUDE REFERENCE TO THE FOUR

SPECIALTY CONTRACTORS TO BE DEEMED RESPONSIVE AND NOT BE REJECTED.

mailto:Lael.Alderman@murraysmith.us Keri Standley Sticky Note Accepted set by Keri Standley

Keri Standley Sticky Note Completed set by Keri Standley

Keri Standley Sticky Note Completed set by Keri Standley

Keri Standley Sticky Note Backchecker - Completed set by Keri Standley

Keri Standley Sticky Note None set by Keri Standley

W241261OR Tank Painting Contractor Statement of Qualifications Form

00 20 20 - 1

SECTION 00 20 20 – TANK PAINTING CONTRACTOR

STATEMENT OF QUALIFICATIONS FORM

FOR

WATER FILTRATION PLANT CLEARWELL AND

SOUTHWEST RESERVOIR REHABILITATION PROJECT

FOR

CITY OF PENDLETON, OREGON

The City of Pendleton requires a statement to be completed and submitted by contractors bidding on the Water Filtration Plant Clearwell and Southwest Reservoir Rehabilitation Project regarding their financial ability, equipment, and experience in relation to the proposed welded steel reservoir painting work. The Tank Painting Contractor must be qualified by the City prior to bidding. Only Tank Painting Contractors who have received qualification prior to bidding may be named in the Proposal.

Refer to Information for Bidders, Section 4, Bidder’s Qualifications, of the Contract Documents for a list of pre-qualified Tank Painting Contractors.

This Statement of Qualifications Form shall be completed and submitted with their Bid and it will be assessed as part of the Proposal.

To qualify for this project, the prospective Tank Painting Contractor must complete the following information:

TANK PAINTING CONTRACTOR INFORMATION

A Corporation

Submitted By: A Partnership

(TANK PAINTING CONTRACTOR) An Individual

Type of Work:

Principal Office:

Contractor’s Bank and Local Contact:

00 20 20 - 2

EXPERIENCE QUESTIONNAIRE

1. How many years has your organization been in business as a contractor under your present business name?

2. Have you ever failed to complete any work awarded to you? .

If so, where and why?

3. List below the contracts which you, or your company, or corporation were party, during the previous 10 years which contracts where involved in litigation of any type:

4. Name the Surety Company, and the name and address of the local agent you expect to use in the event this Contract is awarded to you.

00 20 20 - 3

5. Name the field superintendent(s) who will be in direct charge of the tank painting work if awarded this Contract and state the relevant, successful experience. A qualified field superintendent will be required to be on the project site in responsible charge, full-time, during all welded steel reservoir painting work activities. The proposed superintendent(s) shall be currently employed by the Tank Painting Contractor and shall have been the Painting

Contractor superintendent on no less than two (2) welded steel reservoir painting projects during the last ten (10) years. The Tank Painting Contractor superintendent(s) shall have been in the direct employment of the Tank Painting Contractor for both of the welded steel reservoir painting projects listed. Indicate the owner of projects referenced. Provide the name(s) of at least two (2) welded steel reservoir painting projects successfully completed by all of the superintendents listed by the Tank Painting Contractor, which shall include a reservoir description, the name and address of the owner, and the approximate completion date of each reservoir.

Superintendent

Name(s)

Project Completed:

Owner

Project Name

Year Completed

Project Completed:

Owner

Project Name

Year Completed

00 20 20 - 4

6. List the names, addresses and telephone numbers of the owners and project engineers, and completion dates and location of at least five (5) welded steel reservoir painting projects located within Oregon, Washington and California which have been successfully constructed by the Painting Contractor during the last ten (10) years. In order to meet the experience requirements, a minimum of five (5) welded steel reservoir painting projects shall be similar in size and scope to the specified welded steel reservoir and at least 2,000,000 gallons in volume.

Project Name, Owner &

Reservoir Size

Year

Completed

Name & Address of Owner Contact

Person and Phone Number

Name & Address of Engineer Contact

Person and Phone Number

00 20 20 - 5

The information submitted in this form will be regarded as confidential to the extent of the law.

The undersigned hereby declares that the foregoing statements are true and that the foregoing financial statement is a true and accurate statement of the financial condition of said firm.

Dated at this day of , 2025

By

Date

Bid Bond/Security - Page 1 of 2

5.00

BID BOND/SECURITY

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as

Principal, and , as Surety, are hereby held and firmly bound unto

, as Owner penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this day of , 2025.

The condition of the above obligation is such that whereas the Principal has submitted to the City of

Pendleton a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing for the

2025 Reservoir Coatings Project.

NOW THEREFORE,

(A) If said BID shall be rejected, or

(B) If said BID is accepted and the Principal executes and delivers contract in the Form of Contract attached hereto

(properly completed in accordance with said BID) and furnishes a BOND for the faithful performance of said

Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and in all other respects perform the agreement created by the Acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the Owner may accept such BID;

and said Surety does hereby waive notice of any such extension.

Bid Bond/Security - Page 2 of 2

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

L.S.

Principal

Surety

By:

Attorney-in-Fact

IMPORTANT -- Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

STATE OF OREGON

STATUTORY PUBLIC WORKS BOND

6.00

Surety bond #: CCB # (if applicable):

We, , as principal, and

, a corporation qualified and authorized to do business in the State of Oregon, as surety, are held and firmly bound unto the State of Oregon for the use and benefit of the Oregon Bureau of Labor and Industries (BOLI) in the sum of thirty thousand dollars ($30,000) lawful money of the United States of America to be paid as provided in ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, for which payment well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by this agreement.

WHEREAS, the above-named principal wishes to be eligible to work on public works project(s) subject to the provisions of ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, and is, therefore, required to obtain and file a statutory public works bond in the penal sum of $30,000 with good and sufficient surety as required pursuant to the provisions of section 2, chapter 360, Oregon Laws 2005, conditioned as herein set forth.

NOW, THEREFORE, the conditions of the foregoing obligations are that if said principal with regard to all work done by the principal as a contractor or subcontractor on public works project(s), shall pay all claims ordered by BOLI against the principal to workers performing labor upon public works projects for unpaid wages determined to be due, in accordance with ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, and OAR Chapter 839, then this obligation shall be void; otherwise to remain in full force and effect.

This bond is for the exclusive purpose of payment of wage claims ordered by BOLI to workers performing labor upon public works projects in accordance with ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360.

This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty of this bond.

This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect until depleted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unless the surety sooner cancels the bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on contracts entered after cancellation by giving 30 days’ written notice to the principal, the Construction Contractors Board, and BOLI. Cancellation shall not limit the responsibility of the surety for the payment of claims ordered by BOLI relating to work performed during the work period of a contract entered into before cancellation of this bond.

IN WITNESS WHEREOF, the principal and surety execute this agreement. The surety fully authorizes its representatives in the State of Oregon to enter into this obligation.

SIGNED, SEALED AND DATED this day of , 20

Surety by: Principal by:

(Seal) Company Name Name

Signature Signature

Title (e.g. Attorney-in-Fact) Title

Address Address

City State Zip City State Zip

SEND BOND TO: Construction Contractors Board PO Box 14140 Salem, OR 97309-5052 Telephone: (503) 378-4621

Non-Construction Company Filing STATUTORY PUBLIC WORKS BOND with CCB

ORS 279C.836 requires that all public works contractors working on qualifying public works projects, with a contract price that exceeds $100,000, file a $30,000 public works bond with the Construction Contractors Board (CCB). This includes construction companies that are licensed and non-construction companies that are not required to be licensed with the CCB.

If you are already licensed with the CCB, you do not need to complete this form. Please send your $30,000 public works bond directly to the CCB with your license number on it.

If you are a non-construction company that is NOT required to be licensed with the CCB, please complete this information below and submit it with your $30,000 public works bond. This will be used to help the CCB properly store and display your information on-line.

Type of Business Entity:

Sole Proprietor

Joint Venture

Partnership

Corporation

LLC

LP

LLP

Trust

Oregon Corporation Division Registry No. (if applicable)

Name of Business Entity:

Business Address:

Telephone No: ( ) Email:

Type of Work This Company Performs:

PWB Bond Non Construction Co 070918

Construction Contractors Board PO Box 14140

Salem OR 97309-5052 Telephone: 503-378-4621

Fax: 503-373-2007 Web Address: www.oregon.gov/ccb

For CCB Use Only:

File No.

I certify that the aforementioned independent contracting business does not perform work subject to ORS 701 and is NOT required to be licensed with CCB.

Name of Individual Filling Out This Form (Please Print) Title/Position (Please Print)

Signature Date

Contract - Page 1 of 2

7.00

Contract No.

CONTRACT FOR CONSTRUCTION

THIS CONTRACT, made and entered into this day of , 2025, by and between the City of Pendleton, Oregon, a municipal corporation hereinafter called the "Owner" and hereinafter called the "Contractor".

WITNESSETH:

Said Contractor, in consideration of the sum in the amount of $ to be paid them by the Owner and of the covenants and agreements herein contained, hereby agrees at their own proper cost and expense to do all the work and furnish all the materials, tools, and labor for the 2025 Reservoir Coatings Project.

Contract Documents shall be referred to as Invitation to Bid, Bid Proposal, Bid Bond, Contract, Assignment of Antitrust Rights, Non-Collusion Affidavit, Performance/Payment Bond, Certificate of Insurance, Special Conditions, Specifications, Drawings, and the contents of the latest revision of the Oregon Standards Specifications for Construction (ODOT/APWA), excluding Sections 00100 and 00745.95 and the City of Pendleton Standard Specifications, and are all hereby made a part of this Contract by specific reference as fully and completely as if the same were fully set forth herein.

In the consideration of the faithful performance of the work herein embraced, as set forth in these Contract Documents, and in accordance with the direction of the Airport Manager and to his satisfaction to the extent provided in the Contract Documents, the Owner agrees to pay to the Contractor the amount bid as adjusted in accordance with the proposals as determined by the Contract Documents, or as otherwise herein provided, and based on the said Proposal made by the Contractor, and to make such payments in the manner and at the times provided in the Contract Documents.

The Contractor agrees to indemnify and save harmless the Owner from any and all defects appearing or developing in the workmanship or materials performed or furnished under this Contract for a period of one (1) year after the acceptance by the Owner.

It is agreed that the time limit for the completion of the Contract, based upon the Proposal, is no later than June 30, 2026.

In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be computed at the rate of one percent (1%) per calendar day of the total price of contract work not yet completed, or $500.00 per calendar day, whichever is greater. Sundays and legal holidays excluded in determining days of default.

The Contractor shall not discriminate against any employee or applicant for employment because of sex, race, creed, color, or national origin.

Contract - Page 2 of 2

IN WITNESS WHEREOF, we the parties hereto, each herewith subscribe the same this day of , 2025.

By

McKennon McDonald, Mayor

Donna Biggerstaff, City Recorder

(Contractor)

(Signature)

Title:

Approved as to Form:

Nancy Kerns, City Attorney

Contractor’s Registration #

Contractor's Tax Identification #

Assignment of Antitrust Rights - Page 1 of 1

8.00

ASSIGNMENT OF ANTITRUST RIGHTS

By entering into a contract, the Contractor, for consideration paid to the Contractor under the contract, does irrevocably assign to the City of Pendleton any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future, including, at the City's option, the right to further assign any claim for relief or consideration and to control any such litigation on such claim for relief or counsel action, by reason of any violation of 15 USC 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the Contractor by any person, which goods or services are used, in whole or in part, for the purpose of carrying out the Contractor's obligations under this contract.

In the event the Contractor hires subcontractors to perform any of the Contractor's duties under the contract, the Contractor shall require the subcontractor to irrevocably assign to the City of Pendleton, as a third party beneficiary any right, title or interest that has accrued or may accrue to the subcontractor by reason of any violation of 15 USC 1-15, ORS 646.725 or ORS 646.730, including, at the City's option, the rights to further assess any claim for relief or Counsel action and to control any litigation arising there under, in connection with any goods or services provided to the subcontractor's obligations as agreed to by the Contractor in pursuance of the completion of the contract.

In connection with this assignment, it is an express obligation of the Contractor that it will take no action which will in any way diminish the value of the rights conveyed or assigned hereunder to the City of Pendleton. It is an express obligation of the Contractor to advise the City of Pendleton of Oregon:

1. In advance, of its intention to commence any action on its own behalf regarding such claims for relief or causes of action;

2. Immediately upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the pendency of such action; and

3. The date on which it notified the obligator(s) of any such claims for relief or cause of action of the fact of its assignment to the City of Pendleton.

Furthermore, it is understood or agreed that in the event that any payment under any such claim is made to the Contractor, it shall promptly pay to the City of Pendleton its proportionate share thereof, if any, assigned to the State hereunder.

Non-Collusion Affidavit – Page 1 of 2

9.00

NON-COLLUSION AFFIDAVIT

1) This Non-Collusion Affidavit is material to any Contract awarded pursuant to the bid. According to the Oregon Public Contracts and Purchasing Laws, a public contracting agency may reject any or all bids upon the finding by the agency that it is in the public interest to do so (ORS 279.035). This public contracting agency finds that it is in the public interest to require the completion of this Affidavit by potential Contractors.

2) This Non-Collusion Affidavit must be executed by the member, officer, or employee of the Bidder who makes the final decision for price(s) and the amount(s) quoted in the bid.

3) Bid rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure themselves that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval, or submission of the bid.

4) In the case of a bid submitted by joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5) The term “complementary bid” as used in the Affidavit has the meaning commonly associated with that term in the bid process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or non-competitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6) Failure to file an Affidavit in compliance with these instructions may result in disqualification of the bid.

Non-Collusion Affidavit – Page 2 of 2

STATE OF )

County of )

I state that I am , Print/Type – Name Print/Type – Position Title with Firm/Company representing Print/Type – Name of Firm/Company and that I am authorized to make this Affidavit on behalf of my Firm/Company, and its owners, directors, and/or officers. I am the person responsible in my Firm/Company for the price(s) and the amount(s) provided in this Proposal.

I state that:

1) The price(s) and the amount(s) provided in this bid have been arrived at independently and without consultation, communication, or agreement with any other Contractor, Bidder, or potential Bidder, except as disclosed on the attached appendix to this Non-Collusion Affidavit.

2) Neither the price(s) nor the amount(s) provided in this bid, and neither the approximate price(s) nor approximate amount(s) provided in this bid, have been disclosed to any other Firm/Company or person who is a Bidder or potential Bidder, and they will not be disclosed before the bid opening.

3) No attempt has been made or will be made to induce any Firm/Company or person to refrain from Bidding on this contract, or to submit a bid with price(s) and/or amount(s) higher than this bid, or submit any intentionally high or noncompetitive price(s) and/or amount(s) in a bid or other form of complementary bid.

4) The price(s) and/or amount(s) provided in this bid on behalf of my Firm/Company is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any Firm/Company or person to submit a complementary or other non-competitive bid.

5) My Firm/Company, its affiliates, subsidiaries, officers, directors, and/or employees are not currently under investigation by a governmental agency. They have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to Bidding on any public contract, except as described on the attached appendix to this Non- Collusion Affidavit.

I state that my Firm/Company understands and acknowledges that the representations are material and important and will be relied on by the City of Pendleton in awarding the Contract(s) for which this Bid is submitted.

I understand, and my Firm/Company understands, that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from the City of Pendleton of the true facts relating to the submission of the Bid for this Contract(s).

Signature – Name

This instrument was acknowledged before me this day of , 2025.

Notary Public for

My Commission Expires:

Performance/Payment Bond – Page 1 of 2

10.00

PERFORMANCE/PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, (The official name, form of organization, and address of the Contractor, and, if partnership, name of partners.)

as Principal, and (Name and Address of the Surety)

, a corporation, duly authorized to do a general surety business in the State of Oregon as Surety, are jointly and severally held and bound unto City of Pendleton in the sum of

(the basic contract price, in words and figures) for the payment of which we jointly and severally bind ourselves, our heirs, executors, successors, and assigns, firmly by these presents.

THE CONDITIONS OF THIS BOND ARE SUCH THAT

WHEREAS the Principal herein on the day of , 2025, entered into a Contract with the City of Pendleton, the obligee herein, which Contract consists of:

Invitation to Bid, Information for Bidders, Prequalification, Bid Proposal, Bid Bond/Security, Statutory Public Works Bond, Contract, Assignment of

Antitrust Rights, Non-Collusion Affidavit, Performance/Payment Bond, Certificate of…