CITY OF PENDLETON

WWTRRF 2025 IMPROVEMENTS

PROJECT – OPERATIONAL

BUILDINGS

June, 2026

Public Works Department 500 SW Dorion Avenue Pendleton, OR 97801 www.pendletonor.gov Office (541) 966-0203

Invitation to Bid – Page 1 of 2

1.00

INVITATION TO BID

Sealed bids for the WWTRRF IMPROVEMENTS PROJECT – OPERATIONAL BUILDINGS 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 6th day of August, 2026, plainly marked “WWTRRF IMPROVEMENTS PROJECT – OPERATIONAL BUILDINGS”. 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.

There will be a mandatory pre-bid meeting, including a site visit, on Wednesday, July 22, 2026, from 10:00 to 11:00 am local time at the Waste Water Treatment Facility, 4300 SW Houtama Rd, Pendleton.

Public bid opening will be available via Teams or at the Community Development Department at City Hall, same address as above, at 2:00 pm local time, August 6, 2026. Contact the Community Development Department at 541 966-0203 or keri.standley@pendletonor.gov, 541 966-0240, for the Teams 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, July 31, 2026 .

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).

Bidders must be prequalified for the class of work included in the bid documents. The City of will accept a copy of a bidder’s approved Oregon Department of Transportation’s prequalification application or approval letter. If one is not available, 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, Wednesday, August 5, 2026, 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 jutta.haliewicz@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 the date the project specifications are first advertised for bidding, 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). This project is also subject to the federal Davis-Bacon Act. Contractors and subcontractors shall comply with all applicable federal labor standards, including payment of prevailing wage as determined by the U.S. Department of Labor (DOL). The Contractor shall be responsible for ensuring compliance with these requirements by all subcontractors. Any modifications to applicable wage determinations prior to bid opening will be issued by addendum and shall be acknowledged by bidders.

Invitation to Bid – Page 2 of 2

This project is subject to federal American Iron and Steel (AIS) requirements. The Contractor and all subcontractors shall comply with all applicable domestic sourcing requirements for iron and steel products permanently incorporated into the Project. The Contractor shall be responsible for ensuring compliance by all subcontractors and suppliers.

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)

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 11.00). 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 11.00). 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 July 8, 2026.

Jeff Brown, Public Works Director

Information for Bidders – Page 1 of 2

INFORMATION FOR BIDDERS

City of Pendleton, hereby referred to as OWNER, will be completing work under one contract for the WWTRRF IMPROVEMENTS PROJECT – OPERATIONAL BUILDINGS. Bids are expected to be opened at 2:00 pm local time, Thursday, August 6, 2026. Bid award, with seven (7) calendar day notice of intent declaration, will likely take place on Tuesday, September 1, 2026, 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 Work involves construction of new operational facilities and improvements at the City of Pendleton Wastewater Treatment and Resource Recovery Facility (WWTRRF), including construction of a new Administration Building, improvements and renovations to the Existing Administration Building, construction of a new Storage Building, and associated work as shown on the Drawings and outlined in the Specifications, see technical Spec Section 01 11 00 – Summary of Work for more details.

All bidders by submitting bids acknowledge that the WWTRRF is a full-time operational facility. The successful bidder will be required to coordinate scheduled tie-ins and shutdowns with the Owner prior to doing work. The operations of process valves and other system isolations will be performed by Owner staff to facility the work of the selected Contractor.

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 (August 6, 2026) 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 4.00 Acknowledgement of ALL Addenda Non-Collusion Affidavit (signed by company representative and notarized) – see Section

8.00

Bidder shall, within two (2) working hours of the advertised bid opening, submit the first-tier subcontractor disclosure form – see end of Section 11.00

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

CITY OF PENDLETON WWTRRF 2025 IMPROVEMENTS - OPERATIONAL BUILDINGS 225096-

Information for Bidders – Page 2 of 2

Application and payment for City Business License (Contractor and any subcontractors) Signed copy of Special Conditions (provided by City - Section 11.00) BOLI Wage Rate Worksheet (indicating BOLI Wage Rates used for the project) o Example worksheet attached Construction Schedule DEQ CWSRF Forms (all (7) forms attached) o 1c. Bidders List o 1d. Cert of Independent Price Determination o 1e. Contacted DBE o 1f. Disclosure of Lobbying Activities o 1g. Good Faith Efforts o 1h. Lobbying Activities o 1i. Prevailing Wage

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

BOLI Wage Rate Worksheet

BOLI Region Rate BOLI Appendix Rate

Form BC 1

Updated July 2020

State of Oregon Department of Environmental Quality

Bidders List Contact: Regional Project Officer

The Bidders List applies only to Clean Water State Revolving Fund loans over $250,000, and includes all firms that bid or quote on prime contracts and subcontracts, per CFR Section 33.501. This document should be included in project bid packages.

This list must be kept current as long as the loan recipient receives Clean Water State Revolving Fund dollars for this particular loan. Failure to comply with this requirement is subject to post award remedies, spelled out in Chapter 40 of the Code of Federal Regulations, Section 31.43. The loan recipient must provide a copy of the Bidders List at the request of the DEQ, EPA or an auditor.

Loan Recipient CWSRF Loan Number Project Name

Business name and point of contact

Business mailing address, phone number and email address

Procurement on which the entity bid or quoted and bid closing date

Status as

MBE WBE Non-MBE/WBE

Form BC 1

Updated July 2020

Loan Recipient CWSRF Loan Number Project Name

Business name and point of contact

Business mailing address, phone number and email address

Procurement on which the entity bid or quoted and bid closing date

Status as

MBE WBE Non-MBE/WBE

Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us.

Updated May 2021 1

Certificate of Independent Price Determination Contact: Regional Project Officer

The prime contractor must:

• Sign and submit this form as part of the bid/proposal to the loan recipient

• Include a signed copy in their contract

• Retain a signed copy of this form from each subcontractor

Bidder’s Name: _______________________________________________________________________

Address: ____________________________________________________________________________

a. The bid offeror certifies that:

1. The prices in this offer have been arrived at independently without, for the purpose of restricting competition, any consultation, communication or agreement with any other offeror or competitor relating to:

i. Those prices

ii. Intention to submit an offer

iii. Methods or factors used to calculate the prices offered

2. The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law

3. No attempt has been or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

b. Each signature on the offer is considered to be a certification by the signatory that the signatory:

1. Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

2. Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above;

3. As an authorized agent, certifies that the principals named below have not participated, and will not participate, in any action contrary to subparagraph (a)(1) through (a)(3) above; and

Form BC 7

Updated May 2021 2

4. As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

5. If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization:

Full Name of Person(s) in the Offeror’s Organization

Title Date

Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request.

Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us.

Signature of Prime Contractor _______________________________________________

Signature of Subcontractor _______________________________________________

Updated June 2025 Page 1

List of Contacted Disadvantaged Business Enterprises Contact: Regional Project Officer

Name of Business Certification # Contact Person

Phone Number

Date of Contact Reason for Non-participation

List of Disadvantaged Businesses Contacted Page 2

Name of Business Certification # Contact Person Phone Number Date of Contact Reason for Non-participation

Non-discrimination statement DEQ does not discriminate on the basis of race, color, national origin, disability, age, sex, religion, sexual orientation, gender identity, or marital status in the administration of its programs and activities. Visit DEQ’s Civil Rights and Environmental Justice page.

List of Disadvantaged Businesses Contacted

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046

(See reverse for public burden disclosure.)

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract a. bid/offer/application a. initial filing

b. grant b. initial award b. material change

c. cooperative agreement c. post-award For Material Change Only:

d. loan year _________ quarter _________

e. loan guarantee date of last report ______________

f. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

Tier ______, if known :

Congressional District, if known : Congressional District, if known :

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known : 9. Award Amount, if known :

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a )

(last name, first name, MI ):

11. Signature:

Print Name:

Title:

Telephone No.: _______________________ Date:

Authorized for Local Reproduction

Standard Form LLL (Rev. 7-97)

Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Prime Subawardee

Federal Use Only:

Form BC 10

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3.

4.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance

(CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8.

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connectionwith a coveredFederalaction. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal action.

Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;

Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

According to the PaperworkReduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

BC8

State of Oregon Department of Environmental Quality

Good Faith Efforts, Contract Administration and Contract Language Regional Project Officer

This form must be completed by the loan recipient, prime contractor and any subcontractor who will further subcontract on the Clean Water State Revolving Fund project within the scope of the loan.

All sections in this attachment must be initialed on the line provided and the form signed.

One completed attachment for the prime contractor must be submitted as part of the bid/proposal to the loan recipient.

One completed attachment for each subcontractor who will further subcontract must be submitted before the contract award.

A copy of those must be included in the contract copy to DEQ, along with one attachment initialed and signed by the loan recipient.

_____ DBE certification All Minority Business Enterprises and Woman Business Enterprises must be certified by Oregon’s Office of Minority, Women and Emerging Small Businesses or by the state in which they are located. This office administers the Disadvantaged Business Enterprise, Minority Business Enterprise/Women Business

Enterprise, and Emerging Small Business programs.

_____ Good Faith Efforts The good faith efforts are required methods to ensure that all DBEs have the opportunity to compete for procurements funded by the Clean Water State Revolving Fund. The loan recipient and their prime contractor are required to:

1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian tribal, state and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they’re potential sources.

2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian tribal, state and local government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.

5. Use the services and assistance of the federal Small Business Administration, Minority Business

Development Agency of the U.S. Department of Commerce, and the state Office of Minority, Women and Emerging Small Business.

6. If the prime contractor awards subcontracts, require the prime contractor to take steps one through five above.

7. Native American provisions 40 CFR, Section 33.304

The recipient agrees to comply with the contract administration provisions of 40 CFR, Section

33.304. Any recipient, whether or not Native American, of an EPA financial assistance agreement for the benefit of Native Americans, is required to solicit and recruit Indian organizations and Indian-owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts. If the efforts to solicit and recruit Indian organizations and Indian-owned economic enterprises is not successful, then the recipient must follow the six good faith efforts.

Contract administration _____ The Loan Recipient must require its prime contractor to employ the six good faith efforts even if the prime contractor has achieved its fair share objectives.

_____ If a DBE subcontractor fails to complete work under the subcontract for any reason, the Loan

Recipient must require the prime contractor to employ the six good faith efforts if soliciting a replacement subcontractor.

_____ The Loan Recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the Loan

Recipient.

_____ The Loan Recipient must require written notification from its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor.

_____ Specific contract language All contracts between the Loan Recipient and prime contractor, and prime contractor and subcontractors must include the following statement required by 40 CFR Part 33:

"The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies."

Updated May 2021 3

The undersigned has initialed the items above and understands the resulting responsibility for each item.

Accessibility Alternative formats DEQ can provide documents in an alternate format or in a language other than

English upon request. Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us.

Signature Date

Title

Company

Form BC 9

Certification Regarding Lobbying Activities Contact: Regional Project Officer

503-229-LOAN

This form must be signed by the prime contractor and submitted by the loan recipient by the time the contract is award. A copy must be included in the contract copy to DEQ. The prime contractor must obtain a signed copy of this form from each subcontractor, and retain them in the prime contractor’s contract file.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature Date

Alternative formats DEQ can provide documents in an alternate format or in a language other than English upon request.

Call DEQ at 800-452-4011 or email deqinfo@deq.state.or.us.

Updated May 2019

Form BC5

State of Oregon Department of Environmental Quality

Prevailing Wage Agreement Contact: Regional Project Office

The loan recipient, prime contractor and subcontractors all must initial and sign this form.

• The prime contractor copy must be submitted as part of the bid/proposal to the loan recipient.

• A copy of this form signed by the loan recipient and the prime contractor must be submitted with the contract copy to DEQ.

• The prime contractor must obtain a signed copy of this form from each subcontractor and retain them in the prime contractor’s contract file.

The undersigned understands that this public works project is funded in whole or in part by the Clean Water State Revolving Fund and is subject to the prevailing wage requirements of Oregon’s Bureau of Labor and Industry and the requirements of the Davis-Bacon Act.

_____ The undersigned agrees that, notwithstanding any other provision of law, all laborers and mechanics employed on the project must be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the United States Secretary of Labor, or the Commissioner of the Oregon Bureau of Labor and Industries, whichever is higher, per ORS 279C.838; OAR 839-025-0035(2).

When a public works project is subject to both the state and federal prevailing wage rate laws, contractors and subcontractors must pay the higher of either the state or federal prevailing wage rates for the type of work being performed, per ORS 279C.838; OAR 839-025-0035(2).

Davis Bacon (federal law)

_____ Davis-Bacon applies to all treatment works construction projects for the entirety of the construction activities financed by a CWSRF loan through the completion of construction, no matter when construction commences.

_____ The Loan Agreement includes specific Davis-Bacon terms and conditions contract language that must be passed through to the prime contractor and all subcontractors in their contracts over $2,000.

_____ The Secretary of Labor's determination, regarding the prevailing wages applicable in the state of Oregon, are located at: http://www.wdol.gov/ While the solicitation remains open, the sub recipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The sub recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation.

If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the sub recipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the sub recipient.

If the sub recipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the sub recipient, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current.

_____The loan recipient or the prime contractor on behalf of the loan recipient maintains on-going wage information as a requirement of the CWSRF funding of a project subject to Davis-Bacon. The CWSRF program suggests using the wage matrix tool at this link http://www.deq.state.or.us/wq/loans/constructionForms.htm and instructions for the wage matrix at this link http://www.deq.state.or.us/wq/loans/docs/WageMatrixInst.pdf

_____The loan recipient conducts wage interviews with a representative group of workers during the project construction at 30 percent, 60 percent and 90 percent project completion. The loan recipient must conduct additional interviews if there is any reason to suspect a contractor or their subcontractor is at risk for violating wage requirements. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The loan recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews.

Oregon Bureau of Labor and Industry (state law)

_____Bureau of Labor and Industry prevailing wage rates apply to projects over $50,000. Oregon prevailing wage rate regulations require every contractor or subcontractor employing workers on a public works project must pay to such workers no less than the applicable prevailing rate of wage for each trade or occupation, as determined by the commissioner, in which the workers are employed. OAR 839-025- 0035.

_____ The wage rates identified by the Commissioner of the Oregon Bureau of Labor and Industry are located at http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

_____ The prevailing wage rates in effect at the time the bid specifications are first advertised are the Oregon wage rates that apply for the duration of the project. Prevailing wages obtained through the Bureau of Labor and Industry websites must be included in the bid solicitation and incorporated in all contracts resulting from the procurements.

_____All contractors and subcontractors shall file, with the Construction Contractors Board, a $30,000 public works bond with a corporate surety authorized to do business in this state. ORS 279C.836 The bond must provide that the contractor or subcontractor will pay claims ordered by Bureau of Labor and Industry to workers performing labor upon public works projects. It must be filed before starting work on a contract or subcontract for the project.

Payroll/Certified Statement (form WH-38)

Form WH-38 may be used by contractors for reporting their payroll as required by ORS 279C.845 on public works projects subject to the Prevailing Wage Rate Law. This form has not been officially approved by the United States Department of Labor, however it is designed to meet the requirements of the federal Davis-Bacon Act as well. Prevailing Wage Rate Forms.

Updated May 2021 3

Signature Date

Title

Company

Alternative formats

Documents can be provided upon request in an alternate format for individuals with disabilities or in a language other than English for people with limited English skills. To request a document in another format or language, call DEQ in Portland at 503-229-5696, or toll-free in Oregon at 1-800-452-4011, ext. 5696; or email deqinfo@deq.state.or.us

Prequalification - Page 1 of 1

2.00

PREQUALIFICATION

PUBLIC WORKS DEPARTMENT

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 will accept a copy of a bidder’s approved Oregon Department of Transportation’s prequalification application or approval letter. If one is not available, 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 541 966-0202 or online at https://www.pendletonor.gov/media/20911 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

Proposal - Page 1 of 6

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. The City does not intend to award schedules separately.

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 day of total cost of work not yet completed for each of the contract schedules (or streets), or $500 per calendar day for each schedule, whichever is greater for all work not yet completed by the contract deadline, June 30, 2027, or work progression timeline, whichever occurs first (See Special Specifications, Section 13.00). 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.

Proposal - Page 2 of 6

Bidders must submit the following completed documents with their bids by the bid due date (August 6, 2026) 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 (dated and signed by company representative having authority to do so) – Section 3.00

• Bid Bond/Security (5%) in form of certified or cashier’s check drawn from an Oregon Bank Bid – Section 4.00

• Acknowledgement of all Addenda, if any

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

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 date (bid opening August 6, 2026).

A bid amount shall be submitted in the appropriate place for each item on the proposal as well as a grand total bid for the complete project.

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 (https://pendletonor.gov/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 and building permits related to construction work and as outlined in Section 01 11 00 – Summary of 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.

Proposal - Page 3 of 6

Bids must be 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, 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.

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.

Proposal - Page 4 of 6

WWTRRF IMPROVEMENTS PROJECT – OPERATIONAL BUILDINGS

Time of Completion: No later than June 30, 2027

Base Bid Items

Bid items shall include all incidental cost, see Division 00 Section 13.0.

Bid Item

Approx.

Qty

Item Description* Unit Price Extended Price

1.

1 LS Mobilization

See Section 01 71 13 – Mobilization

2.

1 LS New Administration Building (F) Include all labor and material within the physical boundary of the building See Drawings and Specifications

3.

1 LS New Storage Building (G) Include all labor and material within the physical boundary of the building See Drawings and Specifications

4.

1 LS Site Electrical Include all electrical and controls work performed outside any building See Drawings and Specifications

5.

1 LS Civil Site Work Include all site work and improvements performed outside any building See Drawings and Specifications

*Note to Bidders: Items outside the definition of the bid items mentioned here are considered incidental to the project, see Division 00 Section 13.0 for more details. It is the bidder’s responsibility to ensure that all project related costs are included in the Grand Total Bid Amount as defined in the bid documents (Drawings and Specifications). Systems that cross physical boundaries, such as utility feeds, may be allocated proportionately to either bid items and at the discretion of the bidder.

GRAND TOTAL BID AMOUNT:

Proposal - Page 5 of 6

Additive Bid Items

The Owner retains the right to execute any ABI’s based at their sole discretion. Additive bid items shall only be executed following issuance of written approval by the Owner. Payments shall be made as described in Section 01 22 00 - Measurement & Payment. Additive bid items shall include all incidental cost, see Division 00 Section 13.0.

Additive Bid Item Approx

Qty Item Description* Unit Price Extended Price

ABI #1 80 LF Curbing As defined in Section 01 22 00 - Measurement & Payment

ABI #2 1536

SQFT

Asphalt As defined in Section 01 22 00 - Measurement & Payment

ABI #3 1 LS Existing Admin Building Retrofit (H) Include all site work and improvements performed outside the buildings See Drawings and Specifications

*Note to Bidders: Items outside the definition of the bid items mentioned here are considered incidental to the project, see Division 00 Section 13.0 for more details.