Bid documents-final~1.pdf

TABLE OF CONTENTS

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

INFORMATION FOR BIDDERS

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

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

BID BOND ........................................................................................................................................... 4.00

STATUTORY PUBLIC WORKS BOND .......................................................................................... 5.00

CONTRACT ......................................................................................................................................... 6.00

ASSIGNMENT OF ANTITRUST RIGHTS ...................................................................................... 7.00

NON-COLLUSION AFFIDAVIT ....................................................................................................... 8.00

PERFORMANCE/PAYMENT BOND.............................................................................................. 9.00

CERTIFICATE OF INSURANCE ....... ............................................................................................ 10.00

SPECIAL CONDITIONS .................................................................................................................. 11.00

IRS FORM W-9 (Taxpayer ID number and certification) ................................................. 12.00

SPECIAL SPECIFICATIONS ........................................................................................................... 13.00

TECHNICAL SPECIFICATIONS .................................................................................................... 14.00

DRAWINGS/MAPS (Included with Technical Specifications)

Invitation to Bid – Page 1 of 2

1.00

INVITATION TO BID

Sealed bids for the 2022 Manhole Rehabilitation Project will be received by the City of Pendleton, c/o Bob Patterson, Public Works Director, 500 SW Dorion Avenue, Pendleton, OR 97801 until 10:00 am local time on the 25th day of October, 2022, plainly marked “2022 Manhole Rehabilitation Project”.

Bid opening will be available via Zoom or at the Public Works Director’s office conference room located at that same address as above at 10:00 am local time, Tuesday, October 25, 2022. Contact the Public Works Director’s office at 541 966-0202 or Jutta Haliewicz at 541 966-0240, jutta.haliewicz@ci.pendleton.or.us for the Zoom link.

A copy of the bid documents may be obtained for a non-refundable fee of $25.00 from the Public Works Director’s office located at the same address as above or by calling (541) 966-0202. A copy is also available online at the City of Pendleton’s website: www.pendleton.or.us/rfps and the OregonBuys website: https://oregonbuys.gov/bso/view/login/login.xhtml. For the nearest location of a review copy, contact the Public Works Director’s office. Bid documents will be available until 5:00 pm, Friday, October 21, 2022. 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 and 2012).

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 must be submitted to the City by 1:00 pm, October 24, 2022, 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 (www.pendleton.or.us/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. 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’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, 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 1, 2022, including all applicable 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) mailto:jutta.haliewicz@ci.pendleton.or.us http://www.pendleton.or.us/rfps https://oregonbuys.gov/bso/view/login/login.xhtml http://www.pendleton.or.us/rfps http://www.oregon.gov/boli

INFORMATION FOR BIDDERS

City of Pendleton, hereby referred to as OWNER, will be completing work under one contract for manhole rehabilitation of 90 sanitary sewer manholes. Bids are expected to be opened 10:00 am, local time, October 25, 2022. Bid award, with seven (7) calendar day notice of intent declaration, will likely take place on Tuesday, November 1, 2022, at the regularly scheduled City Council meeting.

For review of the project sites, contact Jeff Brown, Public Works Supt, or Eric Skaggs, Project Manager, at 541 276-3078. Sites visits can be scheduled the week of October 10, 2022. No site visits will be accepted after Friday, October 14, 2022.

The work to be performed under these contract documents consists of mobilization, construction traffic control and infiltration correction of 90 sanitary sewer manholes.

The list of rehabilitation manholes is provided in Technical Specifications, Table 1 Rehabilitation Manhole Table. Rehabilitation manhole figures are provided in Attachment Figures 1 through 8.

Example photos of rehabilitation manholes are provided in Attachment Figure 9, Manhole Example Photo 1 and Figure 10, Manhole Example Photo 2.

OWNER GIS map of rehabilitation manholes with existing sanitary sewer manhole photos is available at this link:

https://pendletonor.maps.arcgis.com/apps/webappviewer/index.html?id=7d12b62dc0e446998e192b5bfb1003b4

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.

No attempt has been made in the specifications or drawings to segregate work covered by any trade or subcontract under one specification. Such segregation and establishment of subcontract limits will be solely a matter of specific agreement between the CONTRACTOR and its subcontractors and shall not be based upon any inclusion, segregation or arrangement in or of these specifications.

Bidders must submit the following completed documents with their bids by the bid due date (October 25, 2022) and time (10:00 am) 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

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

– see Section 4.00

• Acknowledgement of ALL Addenda

• Non-Collusion Affidavit (signed by company representative and notarized) – see Section

8.00

Document to be submitted by Disclosure Deadline Date and Time:

• First-Tier Subcontractor Disclosure Form - end of Section 11.00

Information for Bidders - Page 1 of 3 https://pendletonor.maps.arcgis.com/apps/webappviewer/index.html?id=7d12b62dc0e446998e192b5bfb1003b4

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

Contract Forms and Submittals:

Three original signed contracts (to be 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 (Section 11.00) BOLI Wage Rate Worksheet (indicating BOLI Wage Rates used for the project) o Example worksheet attached Construction Schedule

Information for Bidders - Page 2 of 3

CLASSIFICATION

BOLi WAGE RATE WORKSHEET

BOLi REGION RATE BOLi APPENDIX RATE

BASIC HOURLY BASIC HOURLY HOURLY

HOURLY FRINGE TOTAL W/ZONE FRINGE

' $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 _>\, 7., �" $0.00

TOTAL

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

SO.OD

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Information for Bidders - Page 3 of 3

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. All prequalifications must be submitted to the City by 1:00 pm the day before the bid opening. (See Section 1.07 Prequalification of Bidders for Public Works Projects, City of Pendleton Standard Specifications.)

Upon request, this application is available to you through this office at 541 966-0203 or online at https://pendleton.or.us/cdev/page/prequalification-application-2022 for your use in prequalification for this work.

Prequalification - Page 1 of 1 https://pendleton.or.us/cdev/page/prequalification-application-2022

Proposal - Page 1 of 3

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 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 to 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 March 31, 2023. 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 (October 25, 2022) and time (10:00 am) 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 (dated and 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 – see Section 4.00

• Acknowledgement of all Addenda

• Non-Collusion Affidavit (signed by company representative and notarized) – Section 8.00

Document to be submitted by Disclosure Deadline Date and Time:

• First-Tier Subcontractor Disclosure Form - end of Section 11.00

Proposal - Page 2 of 3

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 date (bid opening October 25, 2022).

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

Bid will be awarded based on grand total bid amount.

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 (www.pendleton.or.us/rfps) and the OregonBuys website (https://oregonbuys.gov/bso/view/login/login.xhtml). Addenda may be downloaded off website and will be faxed or emailed to all bidders who have notified City to request their firm be placed on the Planholders list. Bidders should frequently check the websites 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 1:06 – Bid Security for more information. (See Section 4.00)

Non-Collusion Affidavit must be submitted with the Bid; otherwise, the Bid may be considered non-responsive. (See Section 8.00)

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 11.00) for more information and a copy of the Disclosure Form.

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.

http://www.pendleton.or.us/rfps https://oregonbuys.gov/bso/view/login/login.xhtml

Proposal - Page 3 of 3

2022 MANHOLE REHABILITATION PROJECT

Time of Completion: No later than March 31, 2023

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

1. LS Mobilization, bonds, insurance and demobilization (TS Reference No. 01 71 13)

2. 90 EA Traffic control (per manhole) (TS Reference No. 01 55 26)

3. 90 EA Erosion sediment control (per manhole) (TS Reference No. 01 57 13)

4. 90 EA Manhole infiltration correction (TS Reference No. 33 01 30.81)

5. 49 VF Manhole spray on liner (TS Reference No. 33 01 30.81)

6. 1 CA Miscellaneous site work $5,000.00 $5,000.00 (TS Reference No. 01 22 20)

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 , 2022.

Signature of Bidder

Title

Bid Bond - Page 1 of 2

4.00

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Surety, are hereby held and firmly bound unto as OWNER in the 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 , 2022.

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 2022 Manhole Rehabilitation 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 - 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.

5.00

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

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: _____________________________________________________

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

For CCB Use Only:

File No.______________ http://www.oregon.gov/ccb

Contract - Page 1 of 2

6.00

Contract No. _____________

CONTRACT FOR CONSTRUCTION

THIS CONTRACT, made and entered into this day of , 2022, 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 construction of 2022 Manhole Rehabilitation Project.

Contract Documents shall be referred to as Invitation to Bid, Information for Bidders, Prequalification, Bid Proposal, Bid Bond, Statutory Public Works Bond, Contract, Assignment of Antitrust Rights, Non- Collusion Affidavit, Performance/Payment Bond, Certificate of Insurance, Special Conditions, IRS Form W-9, Special Specifications, Technical Specifications, Drawings/Maps 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 Public Works Director (PWD) 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 March 31, 2023.

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 , 2022.

By John H. Turner, Mayor

A.F. Denton, City Recorder

(Contractor)

(Signature)

Title:

Approved as to Form:

Nancy Kerns, City Attorney

Contractor’s Registration #

Contractor's Tax Identification #

7.00

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.

Assignment of Antitrust Rights - Page 1 of 1

Non-Collusion Affidavit – Page 1 of 2

8.00

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 , 2022.

Notary Public for

My Commission Expires:

Performance/Payment Bond – Page 1 of 2

9.00

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 , 2022, 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, Statutory Public Works Bond, Contract, Assignment of

Antitrust Rights, Non-Collusion Affidavit, Performance/Payment Bond, Certificate of Insurance, Special Conditions, IRS Form W-9, Special Specifications, Technical Specifications, Drawings/Maps, Oregon Standard Specifications for Construction (ODOT/APWA) latest revision, excluding Sections 00100 and 00745.95, and the City of Pendleton Standard Specifications

All as hereto attached and made a part hereof, whereby said Principal undertakes to do all labor, furnish all plant and equipment, and furnish all material in accordance with all the terms and conditions set forth in said Contract Documents; and promptly to make payment for all labor, services, and material and pay sums due the City of Pendleton and the United States required to be paid by employers and to save harmless the obligee from any claims for damages or injury to property or persons arising by reason of said work, as set out more fully in said Contract Documents; and to do and perform all things in said Contract Documents required, in the time and manner and under the terms and conditions therein set forth; and in conformity with all laws, state and national.

NOW THEREFORE, if said Principal herein shall promptly pay all persons, furnishing labor, services, material or insurance to said Principal, or to his subcontractors, or to their assigns, on or about said work; and shall save harmless the Obligee, its officers and agents, from all claims therefore, or from any claim for damages of injury to property or persons arising by reason of said work; and shall in the time and manner, and under the terms and conditions prescribed, will and faithfully do, perform and furnish all material and things as by them in said contract undertaken, and as by law, state, and federal prescribed, then this obligation shall be void, but otherwise it shall remain in full force and effect.

Performance/Payment Bond – Page 2 of 2

PROVIDED, HOWEVER, that this bond is subject to the following further conditions:

(a) All material, workmen, and all persons who shall supply such laborers, mechanics or subcontractors with material, supplies, or provisions for carrying on such work shall have a direct right of action against the Principal and Surety on this bond, second only to the right of the Obligee under this bond, which right of action shall be asserted in proceedings instituted in the appropriate court of the State of Oregon, and insofar as permitted by the laws of Oregon, such right of action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the person, firm or corporation instituting such action and of all persons, firms, or corporations having claims hereunder shall have the right to be made a party to such proceeding (but not later than six months after the complete performance of said contract and final settlement and judgment rendered thereon).

(b) In no event shall the Surety be liable for a greater sum than the amount of this bond, or subject to any suit, action, or proceeding thereon that is instituted later than twelve (12) months after the complete performance of said contract and final settlement thereof.

(c) Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications and accompanying the same shall in any way affect its obligations on this bond. It does hereby waive notice of such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, the parties hereto have caused this Bond to be executed in this day of , 2022.

(SEAL)

(Principal)

WITNESSES:

COUNTERSIGNED:

BY:

(Resident Agent)

10.00

ISSUE DATE

C E R T I F I C A T E O F I N S U R A N C E

This is to certify to the CITY OF PENDLETON that a CERTIFICATE OF INSURANCE is issued co-insuring the City of Pendleton as described below and that the insurer agrees that it shall notify the City in writing, of material change, or any expiration or of any cancellation of the below described policies not less than thirty (30) days prior to such change, expiration, or cancellation may become effective and that such notice shall be made by certified mail, return receipt requested, to the City of Pendleton at the following address: 500 S. W. Dorion Avenue, Pendleton, Oregon 97801.

COMPANIES AFFORDING COVERAGE

Insured Company Letter A

Company Letter B Company Letter C Company Letter D Company Letter E

COVERAGES

THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, THE INSURANCE AFFORDED BY THE POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES EXCEPT WHERE, A CONTRACT BETWEEN THE INSURED AND THE CITY OF

PENDLETON REQUIRES OTHERWISE.

TYPE OF INSURANCE (Check One) POLICY NUMBER POLICY POLICY LIABILITY LIMITS IN THOUSANDS Claims Made EFFECTIVE EXPIRATION EACH AGGREGATE Occurrence DATE DATE OCCURRENCE

GENERAL LIABILITY BODILY $ $

COMPREHENSIVE FORM INJURY

PREMISES/OPERATIONS

UNDERGROUND PROPERTY $ $

EXPLOSION & COLLAPSE DAMAGE

__ PRODUCTS/COMPLETED OPERATIONS

CONTRACTUAL BI & PD $ $

INDEPENDENT CONTRACTORS COMBINED

BROAD FORM PROPERTY DAMAGE

PERSONAL INJURY PERSONAL INJ. $ $

AUTOMOBILE LIABILITY BODILY INJURY

ANY AUTO (PER PERSON) $

ALL OWNED AUTOS (PRIV. PASS.)

ALL OWNED AUTOS (OTHER THAN

PRIV. PASS) BODILY INJURY

(PER ACCIDENT)$

HIRED AUTOS PROPERTY $

NON-OWNED AUTOS DAMAGE

GARAGE LIABILITY

BI & PD $

COMBINED

EXCESS LIABILITY

UMBRELLA FORM BI & PD $

OTHER THAN UMBRELLA FORM COMBINED

STATUTORY

WORKER’S COMPENSATION $ (each accident) AND $ (disease policy limit) EMPLOYERS’ LIABILITY $ (disease-each employee)

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS

SPECIAL INSTRUCTIONS INDICATE WITH RESPECT TO EACH OF THE GENERAL CATEGORIES OF INSURANCE, IE. GENERAL LIABILITY, AUTO LIABILITY, EXCESS LIABILITY AND THE LIKE, WHETHER OR NOT THEY COVER THE BOXES ABOVE. SPECIFICALLY, THE CITY WANTS TO KNOW WHETHER BY CHECKING ONE OF THE BROAD COVERAGES ALL THE COVERAGES LISTED ARE ALSO INCLUDED. IN ADDITION, WITH RESPECT TO AGGREGATE LIMITS PLEASE INDICATE WHETHER THE AGGREGATES ARE FOR ONE OCCURRENCE OR

AGGREGATE DURING THE LIFE OF THE POLICY WITH RESPECT TO EACH.

CERTIFICATE HOLDER CANCELLATION

This is to certify to the CITY OF PENDLETON that a CERTIFICATE OF INSURANCE is issued co-insuring the City of Pendleton as described below and that the insurer agrees that it shall notify the City in writing, of material change, of any expiration, of any cancellation of the below described policies not less than thirty

(30) days prior to such change, expiration, or cancellation may become effective and that such notice shall be made by certified mail, return receipt requested, to the City of Pendleton at the following address: 500 SW Dorion Avenue, Pendleton, OR 97801.

AUTHORIZED REPRESENTATIVE

Special Conditions - Page 1 of 7

11.00

SPECIAL CONDITIONS

1. The Contractor shall make payment promptly, as due, to all persons supplying to such Contractor labor or materials for the prosecution of the work provided in the Contract.

2. The Contractor shall provide workers' compensation insurance coverage for all individuals, others than those exempt under ORS 656.027, who perform labor under the Contract before labor under the Contract commences. Contractor shall pay all contributions or amounts due for Workers' Compensation coverage from the Contractor incurred in the performance of the Contract.

A copy of each insurance policy, or certificate thereof, issued by a responsible and solvent insurance corporation or association authorized to issue such policy or policies under the laws of the State of Oregon shall be delivered to the City within a reasonable period of time after the same is issued by the company or companies or associations issuing such policy or policies. All said policies or certificates shall provide for a minimum of thirty (30) days notice to the City in the event of cancellation or material change in the terms.

3. The Contractor will not permit any lien or claim to be filed or prosecuted against the City on account of any material or labor furnished to the Contractor.

4. The Contractor will pay to the Oregon Department of Revenue all sums withheld from employees pursuant to Oregon Statutes.

5. The Contractor shall demonstrate that an employee drug testing program is in place.

6. If the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with this Contract as such claim shall become due, the proper officer or officers representing the City may pay such claim to the person furnishing the labor or service and charge the amount of the payment against funds due or to become due to the Contractor by reason of this Contract. The payment of a claim in this manner authorized by this paragraph shall not relieve the Contractor or the Contractor's surety from obligation with respect to any unpaid claim. {ORS 279C.515; OAR 839-025-0020(2)(a)}

7. The Contractor shall, within two (2) working hours after the advertised bid closing date and time, notify the Community Development Director in writing of the names of the first-tier subcontractors on the disclosure form attached to the end of these Special Conditions. If no subcontractors need to be disclosed, enter “NONE” on the form and submit it. Submission of the first-tier subcontractors disclosure form only applies to public contracts for public improvements with a contract value of more than $100,000 (ORS 279C.370).

8. In addition to required performance bonds which may be used for unpaid wages, all contractors, subcontractors and non-construction companies who work on public works projects, with a contract price that exceeds $100,000, subject to the Prevailing Wage Rate law, shall file a $30,000 Public Works Bond with the Construction Contractor’s Board (CCB) 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) This bond applies to ALL CCB licensed and non-CCB licensed subcontractors. Contractors must include in every subcontract a provision requiring the subcontractor to have a Public Works Bond filed with the CCB and must verify that subcontractors have filed a Public Works Bond before permitting subcontractor to start work on a project, unless exempt. For more information regarding this requirement, contact the Construction Contractors Board at (503) 378-4621.

9. If the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this Contract within thirty (30) days after receipt of payment from the public contracting agency or a contractor, the Contractor or first-tier subcontractor shall owe the

Special Conditions - Page 2 of 7 person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the Contractor or first-tier subcontractor on the amount due is nine percent per annum. The amount of interest may not be waived.

10. If the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. Every contract related to this Contract shall contain a clause setting forth this requirement.

11. If requested in writing by a first-tier subcontractor, the Contractor, within ten (10) calendar days after receiving the request, shall send to the first-tier subcontractor a copy of that portion of any invoice, request for payment submitted to the public contracting agency or pay document provided by the public contracting agency to the Contractor specifically related to any labor or materials supplied by the first-tier subcontractor.

12. Except where the Contractor is a party to a collective bargaining agreement in effect with a labor organization, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, the employee shall be paid at least time and a half pay:

a. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday except for individuals under this Contract who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime; or

b. For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; except for individuals under this Contract who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime; and

c. For all work performed on Saturday and on the following legal holidays:

(i) Each Sunday.

(ii) New Year's Day on January 1.

(iii) Memorial Day on the last Monday in May.

(iv) Independence Day on July 4.

(v) Labor Day on the first Monday in September.

(vi) Thanksgiving Day on the fourth…