SUPPLEMENTARY CONDITIONS

FOR

BALFOUR PARK IMPROVEMENTS

Balfour Park

City of Milwaukie Clackamas County

May 2026

City of Milwaukie, Oregon

Supplementary Conditions – Balfour Park Improvements May 2026 2

DESCRIPTION OF WORK

Installation of bollards and chain, bench materials, and basalt rock steps.

Balfour Park Improvements

Balfour Park, Milwaukie Clackamas County

May 2026

ALLOWANCES

Selected materials and equipment, and in some cases, their installation are shown and specified in the Contract Documents by allowances. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when additional information is available for evaluation. At the earliest feasible date after Contract award, advise the Owner of the date when the final selection and purchase of each product or system described by an allowance must be completed in order to avoid delay in performance of the Work. Submit invoices or delivery slips to indicate actual quantities of materials delivered to the site for use in fulfillment of each allowance.

Contractor’s costs for unloading and handling on the site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

This project includes the following allowance(s):

None

WORK TO BE DONE

The work to be done under this Contract includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the work described in the specifications including, but not limited to the following:

1. Add bollards and chain to basalt columns;

2. Add bench materials on top of basalt benches (bid alternate, if added); and

3. Add basalt rock steps next to basalt columns (bid alternate, if added)

Perform additional and incidental work as called for by the specifications.

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APPLICABLE SPECIFICATIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC® C-700 (2013 Edition)) applicable to this project, as modified by the City of Milwaukie. All provisions that are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural reference.

All number references in these Supplementary Conditions shall be understood to refer to the sections and subsections of the Standard General Conditions of the Construction Contract bearing like numbers with the prefix "SC" added.

UNDERSTANDING OF WORK

Contractor must become familiar with conditions relating to the execution of the work. It is assumed that the Contractor has properly inspected the site and become thoroughly familiar with all sections of the contract documents. Failure to do so will not relieve the Contractor of their obligation to enter into a contract and complete the work in strict accordance with the contract documents. It is the Contractor’s obligation to verify all information concerning site conditions to their complete satisfaction.

Information derived from inspection of topographic maps, base maps, plans showing utility and structure location, etc. shall not in any way relieve Contractor from any risk, or from properly examining the site and making such additional investigations, or from properly fulfilling all the terms of the contract documents.

Contractor shall comply with all federal, state, and local laws, statutes, and ordinances related to the execution of the work, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, burning and non-burning practices, permits, fees, and similar subjects.

Supplementary Conditions – Balfour Park Improvements May 2026 4

SUPPLEMENTARY CONDITIONS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

SC 1.01 Defined Terms – Replace these definitions in paragraph A of this subsection with the following:

20. Engineer – the designated engineer who represents the Owner and who is designated by the Owner to administer the project. This may be a contracted consultant or an employee of the Owner.

28. Owner - The City of Milwaukie, a municipal corporation of the State of Oregon, which has entered into a Contract with the Contractor.

Add the following definitions to paragraph A of this subsection:

49. Payment Bond - the approved security furnished by the Contractor's Surety as a guaranty of the Contractor's performance of its obligation to pay promptly in full all sums due for materials, equipment, and labor furnished to complete the Work.

50. Performance Bond - the approved security furnished by the Contractor's Surety as a guaranty of the Contractor's performance of the Contract.

51. Retainage Bond - the approved security furnished by the Contractor's Surety as a financial guaranty of the Contractor's obligation to complete the Work in lieu of the Owner holding cash retainage.

ARTICLE 2 – PRELIMINARY MATTERS

SC 2.01 Delivery of Bonds and Evidence of Insurance – Replace paragraph B with the following:

B. Evidence of Contractor’s Insurance - Contractor shall furnish the Owner certificates of liability insurance applicable to the contract requirements. The insurance coverages shall remain in force throughout the performance of the Contract and shall not be allowed to lapse.

SC 2.02 Copies of Documents – Replace paragraph A of this subsection with the following:

A. Owner shall furnish to Contractor one (1) electronic copy of the Contract Documents, including reduced size Drawings, and up to two (2) copies of full size Drawings only. Additional copies will be furnished, upon written request, at the cost of reproduction, mailing, and handling.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

SC 3.03 Reporting and Resolving Discrepancies; Resolving Discrepancies – Add the following paragraph immediately after paragraph 3.03(B)(1)(b):

Should there be a conflict between the Specifications and the Drawings, the Engineer shall decide the intended stipulation and their decision shall be final.

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ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

SC 4.01 Commencement of Contract Times; Notice to Proceed - Replace paragraph A of this subsection with the following:

A. A written Notice to Proceed will be issued by the Owner after all required contract documents have been supplied by the Contractor to the Owner and the contract fully executed. Owner shall review the documents and execute the contract or shall request additional documentation within five

(5) days of receipt from Contractor. Should the Owner fail to issue the Notice to Proceed within five (5) days from contract execution, the Contractor may apply for an adjustment of Contract Time.

Owner will issue a written acknowledgment recording the date the performance of the Contract has begun.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS

SC 5.06 Hazardous Environmental Conditions at Site - Replace paragraphs A and B of this subsection with the following:

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to the Owner.

B. (reserved)

ARTICLE 6 – BONDS AND INSURANCE

SC 6.01 Performance, Payment, and Other Bonds – Replace this subsection with the following:

A. A Performance Bond shall not be required for this Contract.

B. A Payment Bond shall not be required for this Contract.

C. Any bond that the Contractor submits for this Contract must be executed by a surety bonding company that is duly licensed and authorized to transact surety business in the State of Oregon, and may not be a surety obligation of an individual.

D. Before starting Work, the Contractor and subcontractors will each file with the Oregon Construction Contractors Board, and maintain in full force and effect, a separate public works bond, in the amount of $30,000 unless otherwise exempt, as required by ORS 279C.830(2) and ORS 279C.836.

Contractor shall verify subcontractors have filed a public works bond before the subcontractor begins Work.

SC 6.02 Insurance – General Provisions – Replace paragraph B of this subsection with the following:

B. All insurance required by the Contract to be purchased and maintained by the Owner or Contractor shall be obtained from insurance companies that are duly licensed and authorized to issue policies in the State of Oregon for the required limits and coverages.

SC 6.03 Contractor’s Insurance - Replace this subsection with the following:

A. Contractor and its subcontractors shall obtain, at its own expense, and keep in effect during the term of the Contract, the insurance coverages

Supplementary Conditions – Balfour Park Improvements May 2026 6 listed below. Such insurance must cover all risks arising directly or indirectly out of Contractor's activities or Work performed, including the operations of its subcontractors of any tier. Such insurance will be primary and non-contributory. Unless otherwise specified, each policy will be written on an “occurrence” form with an admitted insurance carrier licensed to do business in the State of Oregon. Contractor shall require compliance with these requirements in all subcontractor contracts. The adequacy of all insurance required by these provisions will be subject to approval by the Owner’s Risk Manager. Failure to maintain any insurance coverage required by the Contract will be cause for immediate termination for default of this Contract as determined by the Owner.

B. Coverage Requirements – The policy or policies of insurance maintained by Contractor and its subcontractors shall provide at least the following limits and coverages:

• Commercial General Liability: Contractor, and its Subcontractors, shall maintain Commercial General Liability Insurance covering bodily injury and property damage in an occurrence form. Coverage must include Contractual Liability insurance for the indemnity provided under this Contract. At a minimum, the following coverage limits will be carried:

$ 1,000,000.00 Each Occurrence Limit

$ 2,000,000.00 General Aggregate

$ 2,000,000.00 Products/Completed Operations Aggregate

$ 1,000,000.00 Personal and Advertising Injury

$ 1,000,000.00 Limited Job Site Pollution Occurrence Sub-Limit

$ 500,000.00 Damage to Rented Premises (each occurrence)

$ 5,000.00 Medical Expense (any one person)

• Commercial Automobile Liability: Contractor, and its subcontractors, shall maintain Commercial Automobile Liability Insurance covering all owned, non-owned, and hired vehicles. Combined single limit per occurrence will not be less than $1,000,000.

• Workers' Compensation: All employers, including the Contractor and its subcontractor(s), if any, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126(2). This coverage shall include Employer’s Liability Insurance with limits not less than $1,000,000 each accident.

Contractor shall certify in the Contract that the Contractor is registered by the Oregon Workers' Compensation Division either as a carrier-insured employer, a self-insured employer, an exempt employer, or is an independent contractor who will perform the Work without the assistance of others.

Contractor shall require and verify that its insurance carrier files a guaranty contract with the Oregon Workers' Compensation Division before performing any Work.

All employers, including the Contractor and subcontractor(s), if any, exempt under ORS 656.126(2) and subject to any other state’s Workers’ Compensation law, shall provide Workers’ Compensation Insurance

Supplementary Conditions – Balfour Park Improvements May 2026 7 coverage as required by applicable Workers’ Compensation Laws. The coverage shall also include Employer’s Liability Insurance with limits not less than $1,000,000 each accident.

If the Contractor and subcontractor, if any, conducts its operations in proximity to navigable waters and employ persons in applicable positions, United States Longshore and Harbor Workers’ Compensation Act coverage must be endorsed onto the Workers’ Compensation policy.

Contractor shall require compliance with these requirements in all subcontractor contracts.

C. Excess/Umbrella Insurance - The amounts of insurance required under the Contract may be met by the Contractor, or by any of its subcontractors, obtaining coverage for the limits specified under each type of required insurance or by any combination of underlying excess or umbrella limits so long as the total amount of insurance is not less than the limits specified for each type of required insurance.

D. Extended Reporting - If any of the required insurance is permitted to be and is on a "claims made" basis, the Contractor or subcontractor shall obtain an extended reporting period on the claims made policy or maintain the claims made policy for a duration of at least 24 months from the date the applicable work has been completed and accepted by the Owner. This will be a condition of final acceptance.

E. Additional Insured - The Commercial General Liability Insurance and Commercial Automobile Insurance policies shall include the City of Milwaukie, its officers, agents, employees, and volunteers as additional insureds with respect to the Contract.

F. Notice of Cancellation or Change - There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days’ written notice to the Owner. Any failure to comply with this provision will not affect the insurance coverage provided to the Owner.

G. Certificate(s) of Insurance - As evidence of the insurance coverages required by the Contract, the Contractor shall furnish certificate(s) of insurance to the Owner. The Contract will not be effective until the required certificates have been received and approved by the Owner. The certificate(s) must specify and document all provisions within the Contract.

A renewal certificate will be sent to the below address no less than ten (10) calendar days prior to coverage expiration.

Certificates of insurance should identify the name of the project. The City of Milwaukie, its officers, agents, and employees must be added as additional insureds with respects to the Contract. “Insured coverage is primary” should be in the description portion of certificate.

A certificate in a form satisfactory to the Owner that certifies the issuance of such insurance will identify the Owner as the certificate holder and be sent to:

City of Milwaukie Attn: Finance 10501 SE Main Street Milwaukie, Oregon 97222 Procurement@milwaukieoregon.gov

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Such policies or certificates must be delivered prior to commencement of the Work. The procuring of such required insurance will not be construed to limit Contractor’s liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with the Contract.

H. Primary Coverage Clarification – Owner and Contractor agree that Contractor’s coverage will be primary to the extent permitted by law. The parties further agree that other insurance maintained by the Owner is excess and not contributory insurance with the insurance required in this Subsection.

I. Cross-Liability Clause – A cross-liability clause or separation of insureds clause will be included in the Commercial General Liability policy.

SC 6.05 Property Insurance – Delete this subsection in its entirety.

SC 6.07 Receipt and Application of Property Insurance Proceeds - Delete this subsection in its entirety.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

SC 7.02 Labor; Working Hours – Add the following subparagraph immediately after paragraph 7.02(B):

1. Regular working hours will be 7:00 am to 5:00 pm. Longer hours may be requested with no less than 48 hours’ advance written notice. However, 24 hour per day work will not be permitted.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

SC 10.03 Project Representative – Replace paragraph A with the following:

A. Owner will furnish a Resident Project Representative to represent the Owner at the Site and observe the progress and quality of the Work.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

SC 15.01 Applications for Payments – Replace subparagraphs 15.01(B)(1) and 15.01(B)(3) with the following:

1. At a regular time each month, the Contractor shall submit to the Owner a request for payment based upon an estimate of the amount of Work completed. Upon verification and approval by the Owner, the sum of these values will be referred to as the "value of work accomplished." With these estimates as a base, the progress payment will be made to the Contractor, which shall be equal to the value of Work accomplished, less such amounts as may have been previously paid, less such other amounts as may be deductible or as may be owing and due to the Owner for any cause, and less an amount to be retained in protection of the Owner’s interests.

If the Owner finds the Application for Payment to be incorrect or if there is a good faith dispute, the Owner shall notify the Contractor in writing within 15 days stating the reason(s) the Application for Payment is improper or the reason(s) for the dispute. If the Contractor corrects the Application for Payment or resolves the dispute within seven (7) days of being notified by the Owner, then the Owner may not cause a payment to be made later than

Supplementary Conditions – Balfour Park Improvements May 2026 9 specified in the Contract unless interest is also paid. The rate of interest charged will be in accordance with ORS 279C.570(2).

Progress payments will not be construed as an acceptance or approval of any part of the work, and the payments will in no manner relieve the Contractor of responsibility for defective workmanship or materials or for latent defects and warranty obligations.

The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities are subject to correction in the final estimate. If the Contractor uses such estimates as a basis for making payments to subcontractors, this is at the Contractor's own risk, and the Contractor shall bear all loss that may result.

3. The amount to be retained from progress payments will be five percent of the value of completed Work, and will be retained in one of the forms specified below. Owner will recover from the Contractor any additional costs incurred as a result of the Contractor’s election to use a form of retainage other than cash withheld by reducing the final payment. As work on the Contract progresses, the Owner will, upon request, inform the Contractor of all accrued costs.

In addition to any retainage, a withholding of 25% of amounts earned will be withheld and released according to ORS 279C.845 when the Contractor fails to file the certified statements required in ORS 279C.845.

a. Cash Withheld: Retainage will be deducted from progress payments and held by the Owner until final payment is made according to section 15.06, unless otherwise specified in the Contract. Owner will deposit the cash retainage withheld, as the retainage accumulates, in a fund as required by ORS 279C.570. Any interest earned on the accumulated retainage amount will accrue to the Contractor and will be paid when final payment is released.

b. Retainage Surety Bond: Contractor may elect to deposit a surety bond for all or any portion of the amount of funds retained or to be retained in substantially the form specified in ORS 701.435(4). The surety bond and any proceeds of the surety bond will be made subject to all claims and liens and in the same manner and priority specified for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. Owner will reduce the funds the Owner holds as retainage in an amount equal to the value of the surety bond and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570.

If an acceptable surety bond is provided, the Contractor shall accept like bonds from its subcontractors and suppliers in compliance with ORS 279C.560(8)(a).

c. Bonds, Securities, and Other Instruments: Contractor may deposit bonds, securities, or other instruments with the Owner or in any bank or other financial institution to be held for the benefit of the Owner in lieu of funds held as retainage. In such event, the Owner will reduce the funds held as retainage in an amount equal to the value of the bonds, securities, and other instruments and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570.

Interest or earnings on the bonds, securities, or other instruments will accrue to the Contractor.

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The value of the bonds, securities, and other instruments will be determined periodically by the Owner and the amount retained on progress payments will be adjusted accordingly. The bonds, securities, and other instruments deposited by the Contractor will be fully assigned to the Owner or be payable to the Owner on demand and will be of a character approved by the Owner’s finance director, including but not limited to, bills, certificates, or notes of the United States; general obligation bonds; and irrevocable letters of credit.

At the time the Owner determines that all requirements for the protection of the Agency's interest has been fulfilled, all bonds, securities, and other instruments deposited as provided will be released to the Contractor.

d. Interest-Bearing Account: If Contractor elects, the Owner will deposit retainage as retainage accumulates into an interest-bearing account in a bank or financial institution for the benefit of the Owner.

Earnings on the account will accrue to the Contractor.

Retainage, if any, will be released by the Owner to Contractor when the Work is substantially completed and upon the Owner’s receipt of application for release of funds.

SC 15.01 Review of Applications – Replace subparagraph 15.01(C)(1) with the following:

1. Owner will, within 15 calendar days after receipt of each Application for Payment, including each resubmittal, either approve the Application of payment or return the Application to Contractor indicating in writing the reasons for refusing to process payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application within seven

(7) calendar days.

SC 15.01 Payment Becomes Due – Replace subparagraph 15.01(D)(1) with the following:

1. Thirty (30) days after presentation of the Application for Payment to Owner, the amount recommended (subject to any Owner set-offs) will become due to the Contractor, and when due will be paid by Owner to Contractor.

SC 15.03 Substantial Completion – Add the following subparagraph to paragraph 15.03(B):

1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Owner, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off amount against payments due under Article 15.

SC 15.06 Engineer’s Review of Application and Acceptance – Replace subparagraph 15.06(B)(1) with the following:

1. If, on the basis of Owner’s observation of the Work during construction and final inspection, and Owner’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Owner will, within 15 calendar days after receipt of the final Application for Payment, approve the final payment. Such approval shall account for any

Supplementary Conditions – Balfour Park Improvements May 2026 11 set-offs against payment that are necessary in Owner’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Owner will also give written notice to Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Owner will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment within seven (7) calendar days.

SC 15.06 Payment Becomes Due – Replace subparagraph 15.06(D) with the following:

1. Thirty (30) days after presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended (less any further sum Owner is entitled to set off, including but not limited to, allowances under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

2. Beginning 30 calendar days after the date of receipt of final Application for Payment by the Owner, interest will begin to accrue at the rate established by ORS 279C.570(8) on any money due and payable to the Contractor as final payment, determined as described above, and run until the date when the final payment is remitted to the Contractor. No interest will be paid on money withheld due to outstanding amounts owed by the Contractor under the provisions of ORS 279C.505 and ORS 279C.515.