FP-2021-15A DA Tank Replacement.pdf

Facilities & Planning Department

EASTERN OREGON UNIVERSITY

REQUEST FOR PROPOSAL

RFP # FP-2021-15A

Project: DA Tank Replacement

CONTRACT ADMINISTRATOR:

Eastern Oregon University

Capital Projects Manager

Facilities & Planning Department

Name: David Moore

Phone: (541) 962-3181

Email: dnmoore@eou.edu

RFP ISSUE DATE: March 18, 2022

PRE-BID MEETING: March 29, 2022, 10:00 AM

RFP CLOSING DATE: April 15, 2022, 2:00 PM

NO LATE RESPONSES WILL BE ACCEPTED

SUBMITTAL LOCATION

Facilities & Planning

One University Blvd.

La Grande, OR 97850

TABLE OF CONTENTS

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SECTION 1 – BID FORMS

BID FORMS

Invitation to Bid

Information to Bidders

Bidder's Checklist

Proposal

Bidder's Warranty

Contractor's Registration

First Tier Subcontractor Disclosure

WAGE REQUIREMENTS

Oregon State Wage Rates (BOLI)

ATTACHMENTS

Attachment 1- Plans

Attachment 2- Project Manual

Attachment 3- EOU Public Improvement Contract (for reference)

Attachment 4- EOU General Conditions

Attachment 5- Scoring Criteria (for reference)

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BID FORMS

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INVITATION TO BID

Owner: Eastern Oregon University, Facilities Office, One University Blvd., La Grande, OR, 97850

Project: DA Tank Replacement

Sealed bids for the project will be received by Eastern Oregon University at the following email address:

lvanleuven@eou.edu until the bid deadline at which time bids will be publicly read aloud. Bidders may listen to the bid opening by joining the meeting as directed below:

Within 2 working hours after the date and time designated for bid opening, the bidders shall submit to EOU the First Tier Subcontractors Disclosure form. If a First Tier Subcontractor Disclosure form is not received by within two hours of the bid due date the bid will be considered Non-Responsive. Proposals shall be clearly marked with the project name showing the date and time of the bid opening, and shall be delivered to

Eastern Oregon University, on or before the above bid time. Bidders are encouraged to call and ensure their proposal was received before the deadline.

Pre-Bid Meeting Information:

https://eou.zoom.us/j/9366343571

A mandatory Pre-Bid meeting will be held on March 29, 2022 at 10:00 AM at the EOU Central

Utility Plant located near the corner of I Ave. and 12th Street in La Grande, OR. Bidders attending are encourage to contact David Moore prior to arrival. Bids will not be accepted from companies who do not attend the pre-bid.

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Scope of Work:

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed, especially regarding employment of Oregon residents and minimum wage rates to be paid under the contract. Oregon Bureau of Labor and Industries (BOLI) Wage Rates must be paid on this project.

Each proposal must be submitted on the prescribed form.

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

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

Dated:

EOU is seeking proposals for all labor, material and supervision to replace the existing boiler feed water tank, skid and pumps with a combination Surge and Deaerator Tank per attached plans and specification.

The work will be performed in an active central utility plant. Work should be coordinated to minimize disruptions to the University campus.

The boilers will be taken off line by EOU in late May or early June. The work is expected to begin in June and reach Substantial Completion by no later than September 16, 2022. Bidders must complete the Proposed Project Schedule, and attach their Contractor's Gantt Chart Schedule.

Bidders must complete and sign the Bid Schedule (Attachment 3). All costs of work must be included in the bid schedule. Items not specifically mentioned in the Schedule are incidental to other bid items.

Bids will be ranked and the contractor awarded based on the Scoring Criteria (Attachment 5). Only complete, qualified bids will be scored.

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INFORMATION FOR BIDDERS

1. PROJECT DATA AND REQUIREMENTS

a. Project Name: DA Tank Replacement

b. Project Location: EOU Central Utility Plant

c. Project Owner: Eastern Oregon University

d. Project Starting & Completion Times:

a. Bid Schedule:

The Contractor shall complete the attached Bid Schedule for the contracted work. This schedule shall provide a breakdown of the values for the contracted work and will be the basis for progress payments. The breakdown shall demonstrate reasonable, identifiable, and measurable components of the work. This schedule shall be used as the basis for reviewing contractor’s applications for payment, per EOU General Conditions Section 3, E.1.

b. Retainage:

To ensure proper performance of this Contract, the Owner shall retain five percent (5%) of the amount of each progress payment until completion and acceptance of all work covered by this Contract. Retainage must be in accordance with ORS 279C.550 to 279C.570.

c. Prevailing Wages:

The Contractor must pay and comply with all requirements of the Oregon Bureau of Labor and Industries (BOLI) Wage Rates.

d. Performance and Payment Bonds:

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

Start: June 1, 2022 Substantial Completion: No later than September 16, 2022

Contractor to provide Schedule in Gantt Chart Format with their proposal

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e. Certificate of Insurance:

Prior to executing the Contract, the Bidder shall furnish a Certificate of Insurance identifying coverage as required by the Contract Documents. Eastern Oregon University shall be named as additionally insured.

f. Contractor’s Relations with Subcontractors:

Contractor’s relations with subcontractor’s shall be in accordance with ORS 279C.580.

g. Prompt Payment:

Payments shall be made promptly in accordance with ORS 279C.50 and 279C.580

Partial Payments will not be made if there are any outstanding Certified Payrolls or No Work

Performed Notices.

h. Permits:

EOU has paid the permit and inspection fees to the City of La Grande. The contractor is responsible for picking up the building permit from the Building Department and coordinating inspections with the City of La Grande. All other necessary permits for construction shall be obtained by the Contractor.

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BIDDER'S CHECKLIST

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

[ ] PROPOSAL signed and completely filled out.

[ ] BIDDER PROPOSED PROJECT SCHEDULE filled out showing proposed start and completion dates.

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

[ ] PROPOSAL GUARANTY completed, signed, and dated.

[ ] BIDDER'S WARRANTY.

[ ] CONTRACTOR'S REGISTRATION.

Above forms MUST BE inserted included with proposal and submitted electronically to EOU.

[ ] Complete and submit the FIRST-TIER SUBCONTRACTORS DISCLOSURE form. This form shall be submitted no later than two work hours after the time that bids are due (bid closing).

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

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

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PROPOSAL

PROJECT: DA Tank Replacement

TO:

One University Blvd

La Grande, OR 97850

Bidder's Declaration and Understanding

The undersigned Bidder declares that: (a) the Construction Drawings, Standard Specifications, Invitation to

Bid, Information to Bidders, Proposal and all other Bidding Requirements, collectively referred to hereinafter as the Contract Documents for the construction of the proposed improvement have been carefully examined;

(b) that the site has been personally inspected and that he has determined the extent, character, and location of the proposed work, the nature and type of work to be done, the location and condition of the existing streets and roadways giving access to the site of the work (c) and that the Bidder's proposal is made according to the provisions and under the terms therein, which documents are hereby made a part of this proposal.

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

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

a) Bidder is a registered with the Oregon Construction Contractors Registration Board in Oregon in accordance with ORS 701.035 through 701.055. The Bidder certifies that Registration Number

________________ (fill in registration number) allows their company to perform work on Public

Works Projects and that this registration is current and valid. The Bidder further certifies that, if awarded the contract, all subcontractors performing the work will be registered with the

Construction Contractors Board in accordance with ORS 701.055 before the subcontractors commence work under the contract (reference ORS 279C.365). The Contracting Agency will not receive or consider an offer for a Public Improvement Contract from an unregistered bidder.

b) Bidder agrees to be bound by and will comply with the provisions of the Oregon Prevailing Wage Law

(ORS 279C.800 through ORS 279C.870, ORS 279C.830 and OAR 839-25). In addition, the Bidder will comply with ORS 297C.520, 279C.540, and 279C.545 in the hours of employment and the payment of overtime.

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

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

e) Bidder is a [Non-resident Bidder] or [Resident Bidder] (circle correct designation) as defined in ORS

279A.120. Resident Bidder means a bidder that has paid unemployment taxes or income taxes in the

State of Oregon during the 12 calendar months immediately preceding submission of the bid and has a business address in the State of Oregon per ORS 279C.365.

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

g) Bidder must provide prompt payment to all persons supplying labor or material, contributions to

Industrial Accident Fund; liens and withholding taxes per ORS 279C.505(1).

h) Bidder has an employee drug testing program that meets State and Federal standards per ORS

279C.505(2).

i) Bidder must salvage or recycle construction and demolition debris and must compost or mulch yard waste material at an approved site, if feasible and cost-effective, per ORS 279C.510.

j) Bidder must acknowledge conditions concerning notice and payment of claims per ORS 279C.515 and ORS 279C.605 as defined below:

a. If the CONTRACTOR fails, neglects or refuses to pay promptly a person’s claim for labor or services that the person provides to the contractor or subcontractor in connection with the public improvement contract as the claim becomes due, the popper officer that represents the public agency may pay the amount of the claim to the person that provides the labor or services and charge the amount of the payment against funds due or to become due to the contractor by reason of the contract.

b. If the CONTRACTOR or a first-tier SUBCONTRACTOR fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract within

30 days after receiving payment from the contracting agency or a contractor, the

CONTRACTOR or first-tier SUBCONTRACTOR owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS

279C.580 and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine present per annum. The amount of interest may not be waived.

c. If the CONTRACTOR or SUBCONTRACTOR fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contract Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

k) All employers, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Oregon Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126. CONTRACTOR shall ensure that each of its sub-

Contractors comply with these requirements. CONTRACTOR must comply with payment for medical care and attention to employees as defined in ORS 279C.530.

l) Bidder must comply with the Contractor’s certification of compliance with Oregon tax laws in accordance with ORS 305.385.

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

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Contract Execution and Bonds

The Bidder agrees that if this proposal is accepted, a Contract with the Owner, will be executed, within ten

(10) work days after the date of the written Notice of Award, and will at that time, deliver to Owner the required Performance and Payment Bonds, and will, to the extent of this proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or shown in the Contract Documents.

Certificates of Insurance

The Bidder agrees to furnish the Owner, before commencing the work under this Contract, the certificates of insurance as specified in these Contract Documents.

Construction Scheduled and Contract Completion Date

Work is to commence within 14 calendar days of the date of Notice to proceed and shall reach substantial completion without penalty by September 16, 2022. Proposal must include a construction schedule in Gannt chart format listing the project duration, key activities and milestones, substantial completion and final completion dates.

Surety

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

Lump Sum or Unit Price Work

The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the following lump sum or unit price amounts stated in the Schedule of Values. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents.

Addendum

The bidder hereby acknowledges receipt of Addendum Nos. ____, ____, _____, _____, _____ to these contract documents.

Assignment or Transfer Restricted

Unless otherwise provided in the Contract, the Contractor shall not assign, sell, dispose of, or transfer rights, or delegate duties under the Contract, either in whole or in part, without the Contracting Agency’s prior

Written consent. Unless otherwise agreed by the Contracting Agency in writing, such consent shall not relieve the Contractor of any obligations under the Contract. Any assignee or transferee shall be considered the agent of the Contractor and be bound to abide by all provisions of the Contract. If the Contracting Agency consents in Writing to an assignment, sale, disposal or transfer of the Contractor’s rights or delegation of

Contractor’s duties, the Contractor and its surety, if any, shall remain liable to the Contracting Agency for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the Contracting Agency otherwise agrees in Writing.

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Bidder

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

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

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

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

If Sole Proprietor or Partnership: IN WITNESS hereto the undersigned has set his/her/its hand this day of , 2022.

Signature of Bidder Title

If Corporation: IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of , 2022.

Name of Corporation _____________________

(SEAL)

By ____________________________________

Attest Title ________________________________________

Telephone No. Fax No. _______________________________________

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BIDDERS PROPOSED PROJECT SCHEDULE

Proposers shall provide a start date and completion date the proposer can meet for the Scope of Work:

Description Date (Month/Day/Year)

Start Date End Date

DA Tank Replacement

Signature: _______________________

*Attach Contractor’s Gantt Chart Schedule to this page

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BID SCHEDULE

Description Unit QTY Unit Price Total

Div. 00- Procurement & Contractor Requirements L.S. 1

Div. 01- General Requirements L.S. 1

02 41 00- Demolition L.S. 1

22 10 00- Plumbing Piping L.S. 1

22 30 00- Plumbing Equipment L.S. 1

23 09 00- Instrumentation & Controls L.S. 1

23 50 00- Central Heating Equipment L.S. 1

26 05 00- Common Work Results for Electrical L.S. 1

Total

Total Base Bid in Words:

Additive Alternate 1

23 09 00 Instrumentation & Controls- Steam Meter 1 L.S.

Add. Alt. 1 in Words:

Additive Alternate 2

01 50 00- Temp. Utilities- Reconnecting and

Disconnecting Existing Feedwater Tank

1 L.S.

Add. Alt. 2 in Words:

Signature:

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PROPOSAL GUARANTY - BID BOND

BOND NO __________________________________________________________

AMOUNT $__________________________________________________________

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

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

THE CONDITION OF THIS BOND IS SUCH THAT:

WHEREAS, the PRINCIPAL is herewith submitting his or its Bid Proposal for Eastern Oregon University Head

Start – Modular Building, said Bid Proposal, by reference thereto, being hereby made a part hereof.

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

Signed and sealed this day of , 2022.

Principal: Surety: _____________________________________

By: By: _________________________________________

Title: Title: ________________________________________

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BIDDER'S WARRANTY

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

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

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

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

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

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

Dated , day of , 2022

Name of Bidder: _______________________________________

By: __________________________________________________

Title: ________________________________________________

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CONTRACTOR'S REGISTRATION

NAME OF FIRM: _______________________________________

ADDRESS: ____________________________________________

Oregon State Department of Labor and Industries Contractor Registration Number:

SIGNATURE: ______________________________________

By: Date: _________________________

Title: _____________________________________________

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM INSTRUCTIONS

Instructions for Submitting Form

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

• With the bid.

• No later than two working hours after the time set for opening bids. (For example, by 4:00 p.m. after a 2:00 p.m. bid closing). Submit to the following email: lvanleuven@eou.edu

Instruction for First-Tier Subcontractor Disclosure

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

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

• The name of the subcontractor.

• The Category of work that the subcontractor will be performing.

• The dollar value of the subcontract

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

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

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

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

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

2. Provide the required disclosure information for any first-tier subcontractor whose potential contract services are greater than or equal to: (1) 5% of the lowest contract price, but at least $15,000, or (2)

$350,000 regardless of the percentage. Total all possible work for each subcontract in making this determination, (for example, if a subcontract will provide $15,000 worth of services on the base bid and

$40,000 on an additive alternate, then the potential amount of the subcontractor’s services is $55,000.

Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the

$15,000 and the $40,000 services).

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FIRST-TIER SUBCONTRATOR DISCLOSURE FORM

Project Name: _________________________________________________

Owner: _______________________

Bid Opening Date:

Name of Bidding Contractor:

Contact Name: Phone No:

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

SUBJECT TO THE DISCLOSURE REQUIREMENTS (SEE INSTRUCTIONS).

FIRST-TIER SUBCONTRACTORS

Firm Name

Category of Work $

(Attach additional sheets as necessary)

It is the responsibility of Bidders to submit this Disclosure Form and any additional sheets, with the Project

Name clearly marked, at the location indicated by the specified disclosure deadline. See Instructions to Bidders.

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PERFORMANCE AND PAYMENT BOND

Know all persons by these presents, that , hereinafter called the PRINCIPAL, and a CORPORATION or partnership duly authorized to do a general surety business in Oregon, as SURETY, are jointly and severally held and bound unto the Eastern Oregon

University in La Grande, Oregon, hereinafter called the OBLIGEE in the sum of

DOLLARS ______________________________________________________ ($ ________ )

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

The condition of this bond is such that, whereas, _______

(Contractor) the PRINCIPAL herein, on the Day of , entered into a contract with the

OBLIGEE, for the ______________________________ Project for which Contract Documents consist of:

“Invitation to Bid”

“Instructions to Bidders”

“Bid Proposal”

“Bidders Proposed Project Schedule”

“Bid Schedule”

“Bid Bond Proposal Guarantee”

“Bidder’s Warranty”

“Performance and Payment Bond”

“Wage Requirements”

“Construction Drawings”

“Addenda” as hereunto attached and made a part hereof, whereby said PRINCIPAL undertakes to furnish all labor and equipment, and materials in accordance with all the terms and conditions set forth in said contract documents; to promptly make payment for all labor, services, material, and sums due the Workmen’s

Compensation Board or equivalent. The Collector of Internal Revenue, and the Treasurer of the State of

Oregon; to save harmless the OBLIGEE from any claim for damages or injury to property or persons arising by reason of said work, as set out more fully in said contract documents; to do and perform all things in said contractor documents required, in the time and manner under the terms and conditions therein set forth; and in conformity with all laws, state and national, applicable thereto.

Now, therefore, if said PRINCIPAL herein; shall promptly pay all persons furnishing labor, services and material, and Workmen’s Compensation Insurance or equivalent, and Social Security and unemployment compensation, to him/her and to his/her subcontractors, or to their assigns, on or about said work; shall, Eastern Oregon University Facilities & Planning Department Page 21 of 23 commencing with the date hereof and continuing for one (1) year after the complete performance of the contact and the final acceptance of the work in the contract, save harmless the OBLIGEES, its officers and agents, from all claims therefore, or from any claim for damages or injury to property or persons arising by reason of said work; shall, in the time and manner, and under the terms and conditions prescribed, will and faithfully do, perform and furnish all matters and things as by them in said contract undertaken, and as by law state and national, prescribed, then this obligation shall be void; but otherwise it shall remain in full force and effect.

Provided, however, that this bond is subject to the following further conditions:

(a) All material, men, 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 the 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 proceedings instituted in the name of the OBLIGEE to the use and benefit of the person, firm, or corporation instituting such action and of all other persons, firms, or corporations having claims hereunder, and any other person, firm, or corporation having a claim hereunder shall have the right to be made a party to such proceeding (but not later than one year after the complete performance of said contract and final acceptance of the work in the contract) and to have such claim adjudicated in such action and judgement rendered thereon.

(b) In no event shall the SURETY be liable for a greater sum than the penalty of this bond.

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

(d) The principal herein shall faithfully and truly observe and comply with the terms of the contract, and shall well and truly perform all matters and things by him/her undertaken to be performed under said contract upon the terms proposed therein and shall promptly make payments to all persons supplying labor or material for any prosecution of the work provided for in such contact and shall not permit any Lien or claim to be filed or material furnished, and shall promptly pay all contributions or amount due the Workmen’s Compensation Board or equivalent and all contributions or amounts due the State Employment compensation Trust Fund incurred in the performance of said contract, and shall also pay all sums of money withheld from the employees and payable to State Tax Commission pursuant to ORS 316.711 and shall promptly as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical, and hospital care or other needed care and attention incidental to sickness or injury to the employees for such PRINCIPAL, pursuant to the laws of this state and any contract entered into pursuant thereto or collected or deducted from the wages of said employees pursuant to any law, contract, or agreement for the purpose of providing or paying for such services, and shall do all things required of said PRINCIPAL, by the laws of this state.

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This bond is given and received under the authority of ORS Chapter 279, the provisions of which hereby are incorporated into this bond and made a part hereof.

In witness whereof, the parties hereto have caused this bond to be executed in this day of , 2022.

Principal

WITNESSES:

Surety

The attorney-in-fact who executes this bond in behalf of the surety company, must attach a copy of his/her power-of-attorney as evidence of his/her authority.

To each executed original of this bond, there must be attached a complete set of the contract documents, as the term is defined in the “General Conditions”, with all corrections, interlineations, signatures, etc., completely reproduced therein.

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WAGE REQUIREMENTS

OREGON BUREAU OF LABOR AND INDUSTRIES

(BOLI)

NOTICE OF PUBLIC WORKS CONTRACT

The BOLI Notice of Award of Public Works Contract shall be completed by the Owner after the

Contract Agreements has been executed by the Owner

Incorporated Reference:

http://oregon.gove/boli/pages/index.aspx