City of Independence, Corvallis Road Waterline Improvements

PN: 2023-13

Keller Project: 223055-007

Addendum Page 1 of 2

ADDENDUM NO. 1

to the

CONTRACT DOCUMENTS

for

CITY OF INDEPENDENCE, OREGON

CORVALLIS ROAD WATERLINE

This Addendum dated December 19, 2025, is for all persons preparing bids for the above referenced project and as such shall be made a part of the Contract Documents.

All changes, corrections, deletions and/or additions to the initial bidding documents enumerated herein shall be included in the Bidder’s Proposal. In case of any conflict between the drawings, specifications, and this Addendum, this Addendum shall govern.

The Bidder shall acknowledge the receipt of this Addendum in the appropriate place in the Bidder’s Proposal. Failure to acknowledge the receipt of this Addendum may cause a Bid to be considered non-responsive.

Based on concerns and questions submitted from Contractors during bid time, the following items have been changed/addressed.

Item Description

1 - 1 Bidding Documents:

A. Replace Exhibit 5 with the attached. The Exhibit number was changed to Exhibit 2.

B. Replace Exhibit 5 Bid Bond with the attached.

C. See the electronic bid tab for bidding use. The following bid item quantities have been updated.

25 Fire Hydrant Assemblies, Complete 3 EA

1 - 2 Specifications:

A. No change.

1 - 3 Contract Plans:

A. No change.

1 - 4 Bidder Questions:

A. I wanted to mention that page 8 of the Bid Documents shows the Keller suite number as 215, while the plan set and specs say Suite 210.

o Noted. The correct address is 245 Commercial St SE, Suite 210. No change to the documents is being made.

B. Hi, in downloading the project documents, I see that the bid bond form has another project listed on it, in the description … Will you be posting a corrected one?

o This has been addressed via this Addendum 1.

C. I went onto Oregon Buys to get the bid items for the Corvallis Rd Waterline Improvements project that is out to bid and it doesn't seem like the items are correct when you go to submit a bid. For

City of Independence, Corvallis Road Waterline Improvements

Addendum Page 2 of 2 example, it says there are 34 hydrant assemblies and the administrative reserve is empty. Are we suppose to enter the $55,000 that is on the items in the bid docs?

o Bid items on OregonBuys have been corrected via Addendum 1. It should be 3 hydrant assemblies.

o If the Administrative Reserve does not auto-populate, please enter $50,000 in that line.

D. It looks like document 07.Exhibit 1 (submittal form) for the subject project is missing page 2 as it only downloads as a single page. Could you please confirm?

o It should be 2 pages and has been addressed by this Addendum 1.

Keller Associates, Inc.

245 Commercial Street SE Suite 210, Salem, OR 97301

Corvallis Road Waterline Improvements

CITY OF INDEPENDENCE PAGE 1 OF 2 PRICING SUBMITTAL FORM

ADDENDUM 01

EXHIBIT 1

S-K12730-00015199

PRICING SUBMITTAL FORM

PRICING SUBMITTAL INSTRUCTIONS:

Offerors shall enter pricing and other required information for all Bid Items listed in this Pricing Submittal Form. If this Pricing Submittal Form is replaced by Addendum, Offerors shall use the Addendum form to provide pricing and other required information. If the Pricing Submittal Form is only modified by Addendum, Offerors shall follow the instructions in the Addendum for making modifications to the Pricing Submittal Form. Failure to supply the required information in the Pricing Submittal Form, as modified by subsequent Addenda, may result in Bid rejection as non-responsive.

BIDDER NAME:

CITY OF INDEPENDENCE PAGE 2 OF 2 PRICING SUBMITTAL FORM

Bid Item

Number Description Quantity Units Unit Price Extension

1 Mobilization 1 LS $ $

2 Temporary Erosion and Sediment Control 1 LS $ $

3 Clearing and Grubbing & Removal of Obstructions 1 LS $ $

4 Traffic Control, Compete 1 LS $ $

5 Construction Surveying 1 LS $ $

6 1-inch Water service line, Complete 22 EA $ $

7 2-inch Water service line, Complete 1 EA $ $

8 10 x 6 inch hot tap, complete 1 EA $ $

9 10 x 8 inch hot tap, complete 1 EA $ $

10 6-inch Diameter C900 PVC Water Main, Restrained, with Class B Backfill, Complete 34 FT $ $

11 8-inch Diameter C900 PVC Water Main, Restrained, with Class B Backfill, Complete 4 FT $ $

12 12-inch Diameter C900 PVC Water Main, Restrained, with Class B Backfill, Complete 2,256 FT $ $

13 10-inch or 12-inch spool 4 EA $ $

14 2-inch Water Main Fitting-45 Degree Bend, Complete 2 EA $ $

15 6-inch Water Main Fitting-45 Degree Bend, Complete 2 EA $ $

16 8-inch Water Main Fitting-Mechanical Joint Sleeve, Complete 1 EA $ $

17 8 x 6 inch Reducer, Complete 1 EA $ $

18 12 x 10 Reducer, Complete 1 EA $ $

19 10-inch Water Main Fitting-Mechanical Joint Sleeve, Complete 2 EA $ $

20 2-inch Water Main Fitting-90 Degree Bend, Complete 2 EA $ $

21 12-inch Water Main Fitting-90 Degree Bend, Complete 2 EA $ $

22 12-inch Water Main Fitting-Tee (Reducing Tees, Standard Tees, etc.), Complete 6 EA $ $

23 12-inch Water Main Fitting-Cap/Blind Flange, Complete 2 EA $ $

24 12-inch Water Main Fitting-Cap/Blind Flange with 2" pipe, Complete 1 EA $ $

25 Fire Hydrant Assemblies, Complete 3 EA $ $

26 2-inch Diameter Temporary Blowoff, Complete 1 EA $ $

27 12-inch Butterfly Valve, Complete 8 EA $ $

28 6-inch Diameter Gate Valve, Complete 3 EA $ $

29 8-inch Diameter Gate Valve, Complete 1 EA $ $

30 10-inch Diameter Gate Valve, Complete 2 EA $ $

31 Trench Resurfacing 1,200 SY $ $

32 Native Surface Restoration 160 SY $ $

33 Concrete Sidewalk, includes curb and gutter, excavation, and base aggregate, Complete 25 SY $ $

34 Pipeline Abandonment or Removal 1 LS $ $

35 Bollards, Complete 1 LS $ $

36 As-Built Record Drawings 1 LS $ $

37 Administrative Reserve 1 LS 55,000.00$ 55,000.00$

Subtotal $

(Amount in figures)

(Amount in words)

Amount shall be shown in both words and figures. In the case of discrepancy, the amount shown in words shall govern.

CITY OF INDEPENDENCE PAGE 1 OF 10 AGREEMENT

EXHIBIT 2

Sample Public Improvement Agreement Form

[COPIES OF THIS PUBLIC IMPROVEMENT AGREEMENT FORM---MODIFIED FROM BEING THIS EXHIBIT 2 SAMPLE TO THE ITB TO A STAND-ALONE RESULTING AGREEMENT BETWEEN THE PARTIES---WILL BE SENT TO THE INTENDED AWARDEE (CONTRACTOR) BY THE CITY OF INDEPENDENCE AT THE TIME OF THE STATE'S INTENT TO AWARD NOTICE. THE BLANKS IN THIS SAMPLE WILL BE FILLED IN BY THE CITY

OF INDEPENDENCE. THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE AGREEMENT.

AFTER ALL REQUIREMENTS ARE MET, THE STATE WILL THEN SIGN THE PUBLIC IMPROVEMENT

AGREEMENT FORM AND SEND AN ORIGINAL, SIGNED FULLY EXECUTED PUBLIC IMPROVEMENT

AGREEMENT FORM TO THE CONTRACTOR ALONG WITH THE NOTICE TO PROCEED.]

THIS AGREEMENT is by and between the City of Independence hereinafter called the Owner, and , party of the second part, hereinafter called the Contractor.

WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter named, agree as follows:

ARTICLE 1 - WORK

1.01 Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

1.02 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The Project generally consists of the installation of 2,256 feet of 12” waterline, surface restoration including roadway paving and sidewalk restoration, reconnection of water services and installation of water service pipe, and all labor, Equipment, Materials, and incidentals necessary to complete the Work as specified.

1.03 The Work shall be in accordance with the requirements and provisions of the Contract Documents as defined in Article 9 - Contract Documents of this Agreement, which Contract Documents are enclosed herewith, and are hereby made a part of this Agreement. The Contractor also agrees to comply with all applicable federal, state, and local laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over the construction, and specifically, the applicable provisions of Oregon law relating to public contracts as set forth within the Oregon Public Contracting Code ORS Chapter 279C, and as more specifically set forth on Exhibit 3, attached hereto and incorporated herein by this reference. In the event of a conflict between the provisions of the Oregon Public Contracting Code and other provisions of the Contract Documents, the Oregon Public Contracting Code shall control.

1.04 City Provided Items: None.

ARTICLE 2 - THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

Corvallis Road Waterline Improvements (PN 2023-13)

CITY OF INDEPENDENCE PAGE 2 OF 10 AGREEMENT

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by Keller Associates, Inc.

3.02 The Owner has retained Keller Associates (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially completed on or before June 5, 2026, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 19, 2026.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner five hundred dollars ($500) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner one thousand dollars ($1,000) for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

ARTICLE 5 - CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. Only Bids through the online Bid room will be accepted.

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) as listed in the Bid Form.

CITY OF INDEPENDENCE PAGE 3 OF 10 AGREEMENT

C. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

D. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. This project is funded in part with funds from the US Environmental Protection Agency. The US Environmental Protection Agency may take up to six (6) weeks from receipt of a complete disbursement request to release grant funds to the Owner. The Owner will make every effort to expedite payment to the Contractor once funds are disbursed by the US Environmental Protection Agency. However, payments may be delayed due to processing time out of the Owner’s control.

B. The Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 15th day of each month after receipt of grant disbursement from the US Environmental Protection Agency during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. Ninety-five percent (95%) of Work completed (with the balance being retainage).

C. Retainage

1. Unless the Contractor submits security as permitted by, and which complies with, ORS 279C.560 and 701.435 for all or a portion of the retainage required herein, for each progress payment made prior to Substantial Completion of the Work, the Owner may withhold 5%, as retainage, from the payment otherwise due, to be held in accordance with ORS 701.420. After fifty percent (50%) of the Work has been completed, the Owner may, at the Owner’s sole discretion, reduce or eliminate retainage on the remaining progress estimates. When the Work is substantially complete, Owner may, at Owner’s sole discretion, further reduce the retained amount below 5% to only that amount necessary to assure completion. On completion and acceptance of a part of the Work on which the price is stated separately in the contract documents, Owner may, in Owner’s sole discretion, pay for that part of the Work in full, including retained percentages, less authorized deductions.

CITY OF INDEPENDENCE PAGE 4 OF 10 AGREEMENT

D. Forms of Retainage

1. For Contracts that exceed $500,000, the Contractor must elect the form of deposit used by the Owner to hold retainage until such time as the project has been completed and accepted by the Owner.

2. If the Owner incurs additional costs as a result of the Contractor’s election, the Owner may recover such costs from the Contractor, ORS 279C.560(3). Failure to select the form of deposit before executing the Agreement will result in the automatic selection of the first option.

a. Interest-bearing escrow account as required by ORS 279C.570(2). The Contractor shall execute such documentation and instructions respecting the interest-bearing escrow account as the Owner may require to protect its interests, including but not limited to a provision that no funds may be paid from the account to anyone without the Owner’s advance written authorization. The Contractor shall establish the escrow account with the Owner retaining control. Interest earned on the account shall accrue to the Contractor.

The Owner will send a letter to the escrow company to release the amounts retained and interest earned to the Contractor when all Work is complete and accepted by the Owner as part of the final payment made according to the Agreement, unless otherwise specified in the Agreement. Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor according to Agreement.

b. Bonds, Securities, and Other Instruments. In accordance with ORS 279C.560, unless the Owner finds in writing that accepting a bond, security or other instrument poses an extraordinary risk that is not typically associated with the bond, security or other instruments, the Owner will approve the Contractor's written request to deposit bonds, securities or other instruments with the Owner or in a custodial account or other account satisfactory to the Owner with an approved bank or trust company, to be held instead of cash retainage for the benefit of the Owner. In such event, the Owner will reduce the cash retainage by an amount equal to the value of the bonds, securities, and other instruments.

Interest or earnings on the bonds, securities and other instruments shall accrue to the Contractor. Bonds, securities, and other instruments deposited instead of cash retainage shall be assigned to or made payable to the Owner and shall be of a kind approved by the Director of the Oregon Department of Administrative Services, including, but not limited to:

1) Bills, certificates, notes, bonds or other obligations of the United States, its agencies or its wholly-owned corporations.

2) Indebtedness of the Federal National Mortgage Association.

3) General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon.

4) Irrevocable letters of credit issued by an insured institution, defined in ORS 706.00.

5) The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities, and other instruments as the Owner may require to protect its interests. When the Engineer determines that all requirements for the protection of the Owner's interest have been fulfilled, the bonds and securities deposited instead of cash retainage will be released to the Contractor.

b. Retainage Surety Bond. The Contractor, with the Owner's approval, may deposit a surety bond for the Owner's benefit in lieu of the five (5) percent retainage. The surety bond must be in the bond form acceptable to the Owner and provided by the same Surety that

CITY OF INDEPENDENCE PAGE 5 OF 10 AGREEMENT

provides the Performance and Payment Bonds. If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors of the existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7) and ORS 701.435.

Amounts retained and interest earned will be included in the final payment made according to the Agreement, unless otherwise specified in the Contract. Any retainage withheld on Work performed by a Subcontractor shall be released to the Contractor according to the Agreement.

E. Withholding Payments - The Owner may withhold such amounts from progress payments or final payment as may reasonably protect the Owner's interests until the Contractor has:

1. Complied with all orders and directives issued by the Engineer under or pursuant to the Contract;

2. Corrected or cured its failure to comply with the Contract;

3. Satisfied all legal actions filed against the Owner, the Owner's governing body and its members, the Owner’s employees, the Engineer, and its subcontractors that the Contractor is obliged to defend.

4. Paid all liquidated and delinquent debt owed to the State or any department or agency of the State. (In addition to Owner’s other rights and remedies, the Owner may also undertake collection by administrative offset, or garnishment if applicable, of all monies due to recover such debt. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law.)

5. Notwithstanding ORS 279C.555 or ORS 279C.570 or 00195.50(d), if a Contractor is required to file statements on the prevailing rate of wages, but fails to do so, the Owner will withhold 25% of any amount earned as required in 00170.65.

F. Upon Substantial Completion of the entire construction to be provided under the Contract Documents and completion of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment , Owner shall pay an amount sufficient to increase total payments to Contractor to one hundred percent (100%) of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions and upon receipt of the Contractor’s red-line as-built plans, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

6.04 Prompt Payment

A. Payments shall be made promptly according to ORS 279C.570, ORS 279C.580 and other applicable legal requirements.

CITY OF INDEPENDENCE PAGE 6 OF 10 AGREEMENT

ARTICLE 7 - INTEREST

7.01 Interest on amounts retained from payments due to the Contractor according to the Contract Documents shall be based upon the form of retainage elected by the Contractor.

7.02 Interest rates on amounts not paid when due (i.e., late payment) shall bear interest at the rate of three percent (3%) per annum.

ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

CITY OF INDEPENDENCE PAGE 7 OF 10 AGREEMENT

ARTICLE 9 - CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 10, inclusive).

2. Exhibit 3 – Public Contracting Code, (pages 1 to 6, inclusive).

3. Pricing Submittal Form, (pages 1 to 2, inclusive).

4. Form A: Prohibition on the use of Federal Funds for Lobbying (pages 1 to 1, inclusive).

5. Debarment Certification Form (pages 1 to 2, inclusive).

6. Payment bond (pages 1 to 6, inclusive).

7. Performance bond (pages 1 to 5, inclusive).

8. Warranty bond (pages 1 to 3, inclusive).

9. General Conditions (pages 1 to 62, inclusive).

10. Supplementary Conditions (pages 1 to 31, inclusive).

11. Retainage Election (pages 1 to 1, inclusive).

12. Certificates of Insurance

13. Specifications as listed in the table of contents of the Project Manual (Attachment A)

14. Drawings (not attached but incorporated by reference) consisting of the Drawings listed on the attached sheet index (Attachment B)

15. Addenda (numbers ___ to ___, inclusive).

16. Exhibits to this Agreement (enumerated as follows):

a. Federal terms, conditions and forms included as Attachment C to the ITB

17. Contractor’s Bid (pages ___ to ___, inclusive).

18. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

19. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

20. There are no Contract Documents other than those listed above in this Article 9.

21. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

CITY OF INDEPENDENCE PAGE 8 OF 10 AGREEMENT

ARTICLE 10 - MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the Invitation to Bid, the General Conditions, and the Supplementary Conditions.

10.02 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

A. The Contractor hereby certifies in writing, under penalty of perjury, that they are is, to the best of their knowledge, not in violation of any tax laws described in ORS 305.380(4).

CITY OF INDEPENDENCE PAGE 9 OF 10 AGREEMENT

10.06 Insurance Certificates

A. Evidence of insurance coverage must be submitted on the “ACORD” form (or other insurance certificate containing similar language regarding cancellation of coverage) that is EITHER revised to strike out the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” so as to conform with General Conditions Article 2 and Article 6, OR the Contractor’s insurance agent shall submit a written letter certifying that new insurance certificates will be issued and sent to the Owner and the Owner’s Representative a minimum of every 30 days, throughout the term of the required insurance. The Owner and Keller Associates, Inc. must be named as additional insured, with the Owner being named as certificate holder. In addition, insurance or bond riders must be provided as required under the terms of any permit that the Contractor must obtain from any City, County, service district or state agency with jurisdiction over the work.

10.07 Other Provisions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in four (4) copies each of which shall be deemed an original on the date first above written. Each party represents by signing below that they have authority to sign this agreement and to fully bind the principals thereto.

This Agreement will be effective on __________ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

By: By:

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Approved as to form: Attest:

Title: Title:

CITY OF INDEPENDENCE PAGE 10 OF 10 AGREEMENT

Address for giving notices: Address for giving notices:

License No.:

(where applicable)

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

NOTE TO USER: Use in those states or other jurisdictions where applicable or required.

CITY OF INDEPENDENCE PAGE 1 OF 2 BID BOND

ADDENDUM 1

EXHIBIT 5 – BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

City of Independence PO Box 7, Independence, OR 97351

BID

Bid Due Date:

Description (Project Name— Include Location): Corvallis Road Waterline Improvements

BOND

Bond Number:

Date:

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

CITY OF INDEPENDENCE PAGE 2 OF 2 BID BOND

ADDENDUM 1

1) Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2) Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3) This obligation shall be null and void if:

a) Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

b) All Bids are rejected by Owner, or

c) Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4) Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5) Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6) No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7) Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8) Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9) Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10) This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11) The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.