Vert Auditorium HVAC System Upgrade Bid Documents.pdf

CITY OF PENDLETON

Vert Auditorium

HVAC System Upgrade

October, 2024

Facilities Department 500 SW Dorion Avenue Pendleton, OR 97801 www.pendletonor.gov Office (541) 966-0201 http://www.pendletonor.gov/

Invitation to Bid – Page 1 of 2

INVITATION TO BID

Sealed bids for the Vert Auditorium HVAC System Upgrade will be received by the City of Pendleton, 500 SW Dorion Ave, Pendleton, OR 97801 until 2:00 pm on November 19, 2024, plainly marked “Vert Auditorium HVAC System Upgrade”. All bid documents may be submitted in hard copy at 500 SW Dorion Ave, Pendleton, OR 97801. Bids submitted after the above-specified date and time shall not be opened.

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, Tuesday, November 19, 2024. Contact the Public Works Department at (541) 966-0240 or keri.standley@pendletonor.gov, for the Teams link.

A mandatory site visit will be held at 10:00 am on October 28, 2024 at 480 SW Dorion Ave, Pendleton, Oregon. Contact Mike Schuening at (541) 966-0371 for more information. Questions regarding the project in the pre-bid process can be directed to Mike Schuening and Rocky House, 541 969-3067 or mike.schuening@pendletonor.gov and rocky.house@pendletonor.gov until 5:00 pm Monday November 18, 2024.

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

Each Bid Proposal must be submitted on the prescribed form 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.

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 12.00). For information about DOR requirements, contact:

http://www.oregon.gov/DOR

The Contractor shall, within two (2) working hours of the advertised bid opening, submit the first-tier subcontractor disclosure form. This form is to notify the Community Development Director in writing the names of the first-tier subcontractors. The disclosure form is attached to the end of the Special Conditions (Section 13.00). 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.

mailto:keri.standley@pendletonor.gov mailto:mike.schuening@pendletonor.gov mailto:rocky.house@pendletonor.gov https://pendletonor.gov/rfps mailto:keri.standley@pendletonor.gov http://www.oregon.gov/DOR

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 City Facilities Manager. Once the Notice of Intent to Award has been issued, bid submittal information will be available for public review.

Dated this 23rd day of October, 2024.

Rocky House City Facilities Manager

Invitation to Bid - Page 2 of 2

INFORMATION FOR BIDDERS

City of Pendleton, hereby referred to as Vert Auditorium HVAC System Upgrade. Bids are expected to be opened at 2:00 pm local time, Tuesday, November 19, 2024. Bid award, with seven (7) calendar day notice of intent declaration, will likely take place on Tuesday, December 3, 2024, 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/

A mandatory site visit will be held at 10:00 am on October 28, 2024 at 480 SW Dorion Ave, Pendleton, Oregon. Contact Mike Schuening at (541) 966-0371 for more information. Questions regarding the project in the pre-bid process can be directed to Mike Schuening and Rocky House, 541 969-3067 or mike.schuening@pendletonor.gov and rocky.house@pendletonor.gov until 5:00 pm Monday November 18, 2024.

Work to be performed shall include the furnishing and installation of two RUUD rooftop gas heat/electric cool Packaged unit, model RGEG2T180 with a single thermostat; which includes all duct work, gas piping, electrical work. These two Units will be installed on the roof of the “Green Room”. It will also include the furnishing and installation of three Daikin Multi Port Ductless Heat Pump systems. These three Units will be installed to serve restrooms and the main entryway of the Vert. Must provide penetrations, equipment to lift/install heating unit and remove the existing equipment. All material, labor, and permits must be provided to complete the work above.

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

Bidders must submit the following completed documents with their bids by the due date (November 19, 2024) 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 4.00 Bid Bond/Security (5%) in form of certified or cashier’s check drawn from an Oregon Bank or banks doing business in Oregon in good standing – see Section 5.00 Acknowledgement of ALL Addenda Non-Collusion Affidavit (signed by company representative and notarized) – see Section 9.00

Bidder shall, within two (2) working hours of the advertised bid opening, submit the first-tier subcontractor disclosure form – see end of Section 13.00

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

Three original signed contracts (provided by City) Copy of Statutory Public Works Bond Performance and Payment Bond Certificate of Liability Insurance Oregon Nonresident Bidder Form (if applicable) IRS Form W-9 Application and payment for City Business License (Contractor and any subcontractors) Signed copy of Special Conditions (provided by City - Section 12.00) Construction Schedule https://pendletonor.gov/ mailto:mike.schuening@pendletonor.gov mailto:rocky.house@pendletonor.gov

Proposal - Page 1 of 3

BID PROPOSAL

Honorable Mayor and City Council City Hall Pendleton, Oregon 97801

Bid due date: November 19, 2024 at 2:00 pm

By submitting this proposal, the potential contractor certifies the following: An authorized representative of the firm signs this proposal. It can obtain insurance certificates as required within 10 days after notice of the award. The cost of availability of all equipment, materials, and supplies associated with performing the services described herein have been determined and include in the proposed cost. All labor costs, direct and indirect, have been determined and included in the proposal cost.

The potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions. The contractor has in effect $1,000,000.00 in general liability insurance and Workers Compensation on all employees. Therefore, in compliance with this Request for Proposal, and subject to all conditions here, the undersigned offers and agrees if this proposal is accepted within 60 days from the date of opening, to furnish the subject services at the cost on the “Cost Proposal” section of this document.

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, March 14, 2025, or work progression timeline, whichever occurs. Sundays and legal holidays shall be excluded in determining days of default.

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.

Sealed bid proposals, subject to the terms and conditions made a part hereof will be received until 2:00 pm, November 19, 2024 for furnishing the services described herein. A mandatory pre-bid walk-through will be held at 10:00 am on October 28, 2024 at The Vert Auditorium, 480 SW Dorion Ave, Pendleton, OR 97801. Questions or requests may be directed to Mike Schuening at (541) 966-0371.

City shall award bid or reserve the right to reject any or all proposals, to postpone the award of the bid for a period not to exceed thirty (30) days, and to accept the proposal or any portion of the proposal which is to the best interest of the City of Pendleton, Oregon. The City reserves to the right to delete a portion of the project without renegotiating the lump sum bid, if funding is not available.

Proposal - Page 2 of 3

Vert Auditorium HVAC System Upgrade

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

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

GRAND TOTAL BID AMOUNT:

Proposal - Page 3 of 3

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 __________________, 2024.

Signature of Bidder

Title

Bid Bond/Security - Page 1 of 2

BID BOND/SECURITY

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

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

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

Signed, this day of , 2024.

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

Vert Auditorium HVAC System Upgrade.

NOW THEREFORE,

(A) If said BID shall be rejected, or

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

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

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

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

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

Bid Bond/Security - Page 2 of 2

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

L.S.

Principal

Surety

By:

Attorney-in-Fact

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

Contract - Page 1 of 2

Contract No. _____________

CONTRACT FOR CONSTRUCTION

THIS CONTRACT, made and entered into this day of , 2024, 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 to 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 installation of Vert Auditorium HVAC System Upgrade.

Contract Documents shall be referred to as Invitation to Bid, Information for Bidders, Prequalification, Bid Proposal, Bid Bond/Security, Statutory Public Works Bond, Contract, Assignment of Antitrust Rights, Non- Collusion Affidavit, Performance/Payment Bond, Certificate of Insurance, Special Conditions, IRS Form W-9, Special Specifications, Drawings, all Addendum, if any, 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 Community Development Director (CDD) 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 15, 2025.

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 , 2024.

By John H. Turner, Mayor

Sheri R. Allen, City Recorder

(Contractor)

(Signature)

Title:

Approved as to Form:

Nancy Kerns, City Attorney

Contractor’s Registration #

Contractor's Tax Identification #

Assignment of Antitrust Rights - Page 1 of 1

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.

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 , 2024.

Notary Public for

My Commission Expires:

Performance/Payment Bond – Page 1 of 2

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 , 2024, entered into a Contract with the City of Pendleton, the obligee herein, which Contract consists of:

Invitation to Bid, Information for Bidders, Bid Proposal, Bid Bond/Security, 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, any Addendum, 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 , 2024.

(SEAL)

(Principal)

WITNESSES:

COUNTERSIGNED:

BY:

(Resident Agent)

City of Pendleton - Affidavit Certifying Contractor Payment - Page 1 of 2

AFFIDAVIT CERTIFYING CONTRACTOR PAYMENT FOR LABOR, SERVICES AND MATERIALS,

COMPLIANCE WITH LABOR PROVISIONS AND

CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT

(READ THIS DOCUMENT CAREFULLY. IT IS A LEGAL DOCUMENT)

PROJECT NAME: CONTRACT NO.

I, the (Name) (Officer/Title) of acknowledge:

(Company)

1. That all labor, services, materials furnished for the above Contract have been paid in full.

2. That I and my subcontractors, employees, agents and officials have complied with all labor provisions of the above Contract, and all final Certified Payroll Reports have been submitted to the City of Pendleton.

3. That there are no claim(s), potential claim(s) or pending claim(s) for any labor, services or materials related to this Contract.

4. That there are no liens, potential liens or pending liens existing related to this Project and/or to the above Contract.

5. That I have reviewed the attached final pay statement and it is a true and accurate statement for final payment for all labor, services and materials of the above Contract.

6. That all work (labor and/or services) has been performed and/or material supplied in full accordance with the requirements of the above Contract, except for those modifications approved by the City in writing including: duly authorized written deviations, written substitutions, written alterations and/or written additions.

7. That I accept final payment for all labor, services and materials furnished pertinent to the above

Contract and that I release the City of Pendleton, an Oregon municipal corporation and its officers, agents and employees from any and all claims and any and all liabilities to me as the Contractor for all things done or furnished in connection with the Contract and agree to defend and indemnify the City of Pendleton against any and all claims, loss, damage or liability made against the City by Contractor, his employees, agents, subcontractors or those acting within his authority and every act of the City related to or rising out of the Contract.

8. That I have provided a performance bond for the Contract, which shall remain in full force and effect for one (1) year after the date of final written acceptance by the City of the work, and this performance bond guarantees any and all workmanship and materials from any defect whatsoever.

9. That I have read this Affidavit and agree with it.

City of Pendleton - Affidavit Certifying Contractor Payment - Page 2 of 2

DATED this day of , 20 .

Contractor’s Name

Print Name and Title

Signature

State of ) County of )

On the day of , 20 , personally appeared as of , Contractor, who acknowledged this instrument to be his/her voluntary act and deed.

(SEAL) Notary Public for

My Commission Expires:

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 5

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.

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. 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 a Subcontractor in connection with the public improvement contract as the claim becomes due, the proper officer that represents the municipality (Owner) 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 the Contractor by reason of the contract.

6. 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.

7. 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 ten (10) hours in any one day, or forty (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 (8) hours a day or forty (40) hours in any one week when the work week is five (5) 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 ten (10) hours a day or forty (40) hours in any one week when the work week is four (4) 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

Special Conditions - Page 2 of 5

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 Thursday in November.

(vii) Christmas Day on December 25.

d. Each time a holiday listed above falls on Sunday, the succeeding Monday shall be recognized as a legal holiday. Each time a holiday listed above falls on Saturday, the preceding Friday shall be recognized as a legal holiday. (ORS 279C.540)

e. The Contractor must give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the Contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. (ORS 279C.520)

8. Contractor may not work on the following City recognized holidays without explicit written permission from the City of Pendleton. City reserves the right to disallow work on these days due to available inspection staff and/or traffic safety and congestion.

a. The afternoons of Wednesday and Thursday of the second full week in

September (Round-up Week).

b. The Friday and Saturday of the second full week of September (Round-up Week).

c. Christmas Eve on December 24.

d. New Year’s Eve on December 31.

(i) Each time a holiday listed above falls on Sunday, the succeeding Monday shall be recognized as the holiday, or each time a holiday listed above falls on Saturday, the preceding Friday shall be recognized as the holiday.

9. Contractor must promptly pay for all medical services for which the contractor has agreed to pay and for all amounts for which the Contractor collects or deducts from the worker’s wages. (ORS 279C.530)

10. Any and all employees of Contractor or his contractors while engaged or performing any work or services required by him under this agreement shall be considered his employees only and not employees of the City and any claims that may arise under the Workers' Compensation Act on behalf of the said employees while so engaged in any and all claims made by third parties as a consequence of any act or omission on the part of him or his employees while so engaged on any of the work or services

Special Conditions - Page 3 of 5 provided to be rendered herein shall be the sole obligation responsibility of Contractor and/or his contractors. The parties to this agreement recognize that Contractor and his employees, officers, agents and subcontractors are providing professional services as independent contractors and are not providing services as employees of the City and are therefore not entitled to the benefits provided by the City to his employees, including but not limited to Workers' Compensation benefits, group health insurance, social security, pension plans, or any other benefit accruing to City's employees. Contractor hereby agrees to hold the City harmless from, and shall process and defend at his own expense, all claims, demands, or suits of whatever nature, brought against him arising from his performance under this agreement. Contractor shall advise his officers, agents, employees and subcontractors of this provision.

11. Liability and Indemnity:

a. Indemnification. Contractor shall indemnify and defend City from, and reimburse City for, any cost, claim, loss, or liability suffered directly or from a third-party claim arising out of or related to any negligent activity or Contractor on the in the execution of this contract. City shall have no liability to Contractor for any injury, loss, or damage caused by Contractor or third parties.

b. Liability Insurance. Before beginning execution of the contract. Contractor shall obtain and thereafter during the term of the contract shall continue to carry the following liability insurance at Contractor's cost: comprehensive general liability insurance in a responsible company with limits of not less than $200,000/500,000 for injury to one person. $500,000 for injury to two or more persons in one occurrence. and $50,000/$500,000 for damage to property. Such insurance shall cover all risks arising directly or indirectly out of Contractor’s activities. Such insurance shall protect Contractor against the claims on account of the obligations assumed by Contractor under Section 11a. and shall name City as an additional insured. Certificates evidencing such insurance and bearing endorsements requiring 10 days written notice to City before any change or cancellation shall be furnished to City before Contractor begins execution of the Contract.

12. Contractor certifies that:

a. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the right of City to specify the desired results;

b. Contractor is responsible for obtaining all assumed business registrations or professional occupational licenses required by state law or local governmental ordinances;

c. Contractor furnishes the tools or equipment necessary for performance of the contracted labor or services;

d. Contractor has the authority to hire and fire employees to perform the labor or services;

Special Conditions - Page 4 of 5

e. Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of a periodic retainer;

f. Contractor is registered under ORS chapter 701 (Construction Contractors), if Contractor provides labor or services for which such registration is required;

g. Federal and state income tax returns in the name of the business or a business Schedule C or farm Schedule F as part of the personal income tax return were filed for the previous year if the contractor performed labor or services as an independent contractor in the previous year; and

h. Contractor represents to the public that the Contractor is an independently established business. Except where Contractor files a Schedule F as part of the personal income tax return and the Contractor performs farm labor or services that are reportable on Schedule C, Contractor is considered to be engaged in an independently established business when four or more of the following circumstances exist:

[Initial those that apply]

_____ The labor or services are primarily carried out at a location that is separate from the residence of Contractor or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;

_____ Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the Contractor has a trade association membership;

_____ Telephone listing and service are used for the business that is separate from the personal residence listing and service used by Contractor;

_____ Labor or services are performed only pursuant to written Contracts;

_____ Labor or services are performed for two or more different persons within a period of one year; or

_____ Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services provided.

13. The Contractor must obtain a City of Pendleton Business License

14. If the City does not appropriate funds for the next succeeding fiscal year to continue payments required by this contract, this contract will terminate at the end of the fiscal year for which funds have been appropriated. The City will notify Contractor of such non-appropriation not later than thirty (30) days before the beginning of the year within which funds are not appropriated. This provision does not permit the City to terminate this contract in order to provide similar services for the purpose for which this contract has been entered into.

Special Conditions - Page 5 of 5

15. If any action is instituted in connection with any claim or controversy arising out of this agreement, attorney fees may not be awarded by the court of competent jurisdiction and each party shall bear its own expenses of such action.

16. This agreement and the parties’ rights under it shall be construed and regulated by the las of the State of Oregon and venue for any dispute hereunder shall lie in Pendleton, Umatilla County, Oregon.

Contact information for the above will be provided by the City at the pre-construction meeting.

Contractor: ____________________________________________________

By: ______________________________________________________________ Date: _____________________________ signature

Taxpayer ID No.: ______________________________________________________________

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

Bids which are submitted by Bid Closing, but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award.

AGENCY SUPPLIED INFORMATION:

Project Name: Vert Auditorium HVAC System Upgrade Bid Closing Date: November 19, 2024 Time: 2:00 pm Disclosure Deadline Date: November 19, 2024 Time: 4:00 pm

THIS DISCLOSURE FORM MUST BE SUBMITTED to the City of Pendleton at the location specified and in accordance with the date and time in the Advertisement for Bids. A separate form must be submitted for each Schedule. If necessary, use additional forms to satisfy the Disclosure requirements.

The contracting agency will insert “N/A” if the contract value is not anticipated to exceed $100,000, otherwise, this form must be submitted either with the bid or within two (2) working hours after the advertised bid closing date and time; but no later than the Disclosure Deadline stated above.

List below the NAME, ADDRESS, DOLLAR VALUE, CONSTRUCTION CONTRACTOR BOARD (CCB) NUMBER, CONTACT NAME and TELEPHONE NUMBER of each Subcontractor that will be furnishing labor and/or materials that are required to be disclosed in accordance with ORS 279C.370.

ENTER “NONE” IF THERE ARE NO SUBCONTRACTORS THAT NEED TO BE DISCLOSED.

(Attach additional sheets if needed)

NAME/ADDRESS OF SUBCONTRACTORS $ VALUE/CCB # CONTACT NAME/PHONE #

1) $

CCB#

2) $

3) $

The above listed first-tier subcontractor(s) are providing labor and/or materials with a Contract value equal to or greater than:

a) 5% of the total project amount proposed or $15,000, whichever is greater; or

b) $350,000, regardless of the percentage of the total project amount proposed.

Disclosure submitted by:

Signature – Bidder Name

Contact Name:

Print/type – Bidder Name Phone Number

Unless otherwise stated in the original solicitation, this document shall not be faxed. It is the responsibility of the Bidder to separately submit this Disclosure Form and any additional sheets with the Project Schedule and Name clearly marked in accordance with the date and time in the Advertisement for Bids.

13.00

Form W-9 Request for Taxpayer Give Form to the

(Rev. November 2017) Identification Number and Certification requester. Do not

Department of the Treasury send to the IRS.

Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

[') 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see l1l instructions on page 3): C.

D C Corporation C □ Individual/sole proprietor or D S Corporation D Partnership D Trust/estate

• U) single-member LLC Exempt payee code (if any)

QI C

C. 0

□ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► �:,-:::; 0 ...