6431 ML Houck signed~1.pdf

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

for TRCI

Site Fire System Upgrade

Contract Number: #6431

This Agreement for the TRCI Site Fire System Upgrade (the "Agreement"), made by and between the State of

Oregon, acting by and through the Department of Corrections, hereinafter called OWNER, and M.L. Houck

Construction Co. hereinafter called the CONTRACTOR (collectively the "Parties"), is effective on the date this

Agreement has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained. Unless otherwise defined in the Invitation to Bid or in this Agreement, the capitalized terms used herein are defined in Section A 1 of the State of Oregon General Conditions for Public Improvement Contracts

WITNESSETH:

1. Contract Price, Contract Documents and Work.

The CONTRACTOR, in consideration of the sum of $571,424.00 (the "Contract Price"), to be paid to the

CONTRACTOR by OWNER in the manner and at the time hereinafter provided, and subject to the terms and conditions provided for in the Invitation to Bid, this Public Improvement Agreement and other Contract

Documents, all of which are incorporated herein by reference, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents.

The Contract Price includes the following items:

Base Bid: $571,423.00; ALT #1: $1.00 (As'Detai'led in Exhibit 1, Pricing Submittal Form)

Total: $571,424.00 (As Detailed in Exhilbit 1, Pridng Submittal Form)

CONTRACTOR shall perform the Work for the Contract Price pursuant to Invitation to Bid No. S-29100-00006222 and all Addenda thereto) and the following Exhibits and Attachments which are incorporated herein by this reference, whether or not physically attached to this Agreement:

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 [RESERVED]

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 [RESERVED]

EXHIBIT 6 GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

ATTACHMENT B SPECIFICATIONS

ATTACHMENT C PLANS

ATTACHMENT D GENERAL REQUIREMENTS BIDDER'S QUALIFICATIONS

ATTACHMENT E SECURITY FORM (LEDS)

2. Representatives.

Unless otherwise specified in the Contract Documents, the OWNER designates Rachael Halstead-Jeffreys as its

Authorized Representative in the administration of this Contract. The above-named individual shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of the OWNER. CONTRACTOR has named Ken Zaller as its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT START DATE:

SUBSTANTIAL COMPLETION:

FINAL COMPLETION:

4. Liquidated Damages.

10 Davs After Notice to Proceed

75 Davs After Notice to Proceed

100 Days After Notice to Proceed

Failure to complete the project known as TRCI Site Fire System Upgrade by the specified time will result in damage to the State of Oregon. Since actual damage will be difficult to determine, it is agreed that the Contractor shall pay to the State of Oregon, not as a penalty but as liquidated but as liquidated damages, $750.00 per calendar day, elapsed in excess of the Substantial Completion date stated in Section 3 of this Agreement.

I

5. Certification - Non-Discrimination

Contractor certifies, in accordance with House Bill 3060 (2017 Oregon Laws, chapter 212WHB 3060"), that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a "protected class," as that term is defined by subsection 2(1)(b) of HB 3060. As a material term and condition of this Agreement, Contractor must maintain, throughout the duration of this Agreement, a policy and practice that complies with HB 3060, including, but not limited to, giving employees written notice of the Contractor's policy and practice.

6. Compliance with Executive Order 21-29 Contractor shall comply with EO 21-29. Contractor certifies that for the term of the Contract or the duration of E0-21-29, whichever expires or terminates first, each Worker who provides goods and services at an Executive Branch Worksite is Fully Vaccinated against COVID-19 unless an exception under paragraph 6 of EO 21-29 applies. The definitions in section 24 (SGC - 24 Special Definitions for Interpreting EO 21-19 Obligations) of Exhibit 7, Supplemental General Conditions, apply to this section. Contractor shall maintain in its records Proof of Vaccination or permitted exceptions under section 6 of EO 21-29 for such Workers providing goods and services at an Executive Branch Worksite. Contractor shall provide written certification of its compliance with EO 21-29 on request of the State. The State reserves the right to request the documentation supporting Contractor's certification. Contractor's compliance with this section is a material term of this Contract, and Contractor's failure to comply constitutes a material breach entitling Agency to terminate this Contract for cause.

7. Integration THE CONTRACT DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE

PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL

BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR

THE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, OR

REPRESENTATIONS, ORAL OR WRITTEN� NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.

CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY

ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY

ITS TERMS AND CONDITIONS.

In witness whereof, the STATE OF OREGON, acting by and through the Department of Corrections executes this Agreement and the CONTRACTOR does execute the same as of the day and year of this Agreement first above written.

CONTRACTOR DATA

CONTRACTOR NAME: M.L. Houck Construction Co.

CONTRACTOR ADDRESS: 4444 22nd Ave NE Salem, OR 97301

CONTRACTOR EMAIL ADDRESS: sarah@houckco.com

85697 09/01/2024

CONTRACTOR'S CCB# EXPIRATION DATE

v\llid..t-"-e.\ Hov� CONTRACTOR'S SIGNATURE

Review by Facilities Administrator

State of Oregon by and through its

DEPARTMENT OF CORRECTIONS

DATE

DATE

DATE

08May23

05/08/2023