6500 Contract signed.pdf

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)

ATTACHMENT F AMERICAN RESCUE PLAN ACT (ARPA)

CORONOVIRUS STATE FISCAL RECOVERY FUND

PROJECT REQUIREMENTS

SUBSTANTIAL COMPLETION:

PROJECT START DATE:

FINAL COMPLETION:

3.a Project substantial and final completion dates represent the BASE BID timelines only. Bid alternates, if

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

for OSP

Boiler Replacement

1. Contract Price, Contract Documents and Work.

WITNESSETH:

Contract Number: #6500

This Agreement for the OSP Boiler Replacement (the "Agreement"), made by and between the State of Oregon, acting by and through the Department of Corrections, hereinafter called OWNER, and Copper Mechanical LLC 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.

Unless otherwise specified in the Contract Documents, the OWNER designates Jason Bruster 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 Andrew Lee as its Authorized Representative to act on its behalf.

3. Contract Dates.

The CONTRACTOR, in consideration of the sum of $249,800.00 (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: $249,800.00; (As Detailed in Exhibit 1, Pricing Submittal Form)

CONTRACTOR shall perform the Work for the Contract Price pursuant to ITB #S‐29100‐00006682 (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:

2. Representatives.

10 Days After Notice to Proceed

09/29/23

10/31/23

7. AMERICAN RESCUE PLAN ACT ("ARPA") FUND CORONAVIRUS STATE FISCAL RECOVERY FUND

PROJECT REQUIREMENTS.

The project is funded, in whole or in part, with federal funds arising from the federal American Rescue Plan Act

("ARPA") Coronavirus State Fiscal Recovery Fund (the "ARPA Fund"). Contractor must comply with all provisions associated with ARPA Fund projects. See Attachment F for federal ARPA Fund project requirements, and related

Contractor performance provisions.

selected, may allow additional substantial and final completion time as indicated on each respective bid alternate line item on Exhibit 1; Pricing Submittal Form.

4. Liquidated Damages.

Liquidated damages of $334.00 will apply to the contract resulting from this ITB. Failure to substantially complete the Project by the, date of Substantial Completion, as specified in the Contract, will result in damage to the State of Oregon.

Moreover, failure to fully complete the Project by the date of Final Completion, as specified in the Contract, will also 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 damages, $334.00 per calendar day elapsed in excess of the Substantial Completion date stated in Section 3 of this Agreement. Moreover, it is agreed that the Contractor shall pay to the State of Oregon, not as a penalty but as liquidated damages, $334.00 per calendar day elapsed in excess of the Final Completion date stated in Section 3 of this Agreement.

6. Compliance with Oregon Governor’s Executive Orders Pertaining to COVID‐19; Other Related Legal

Requirements; Supplemental General Condition (“SGC”) 12 Provisions.

5. Certification ‐ Non‐Discrimination

Contractor certifies, in accordance with House Bill 3060 (2017 Oregon Laws, chapter 212)(“HB 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.

Contractor shall comply with applicable Governor’s executive orders issued in response to the Coronavirus

(“COVID‐19”) outbreak, including but not limited to Executive Order No. 20‐12 “Stay Home, Save Lives” (“EO 20‐

12”) and its workplace restrictions and social distancing requirements, for such time that the orders remain in effect, as more particularly provided for in SGC‐12. Contractor shall comply with State of Oregon Governor’s EO

21‐29, COVID‐19 “Vaccination Requirement for State Executive Branch” (“EO 21‐29”), as more particularly provided for in SGC‐12. Contractor shall also comply with all other federal, state and local government statutes, regulations, administrative rules, ordinances, executive orders, Owner policies and other laws/requirements applicable to the project pertaining to workplace health and safety requirements arising from COVID‐19 and any of its variants.

8. Integration

CONTRACTOR DATA:

CONTRACTOR NAME: Copper Mechanical LLC

CONTRACTOR ADDRESS: 711 NE 1st Suite 106

CONTRACTOR ADDRESS: Battle Ground, WA 98604

CONTRACTOR EMAIL ADDRESS: andrew@coppermechanical.com

CONTRACTOR'S CCB # 244752

Expiration Date: 02/28/2025

SECRETARY OF STATE REGISTRATION: 2069763-91

CONTRACTOR’S SIGNATURE: ________________________________________________ Date _______________

Reviewed by Facilities Administrator: __________________________________________ Date _______________

State of Oregon by and through its DEPARTMENT OF CORRECTIONS

________________________________________________________________________ Date _______________

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

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.

5-27-2023

31May23

6/6/23