7055 Contract_Executed.pdf

Level 3 - Restricted an

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

for

CDC Building 1 Restroom Remodel Contract Number: #7055

This Agreement for the CDC Building 1 Restroom Remodel (the "Agreement"), made by and between the State of Oregon, acting by and through the Department of Corrections, hereinafter called OWNER, and Aperture Construction 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.

WITNESSETH:

1. Contract Price, Contract Documents and Work.

The CONTRACTOR, in consideration of the sum of $132,000.00 (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:

CONTRACTOR shall perform the Work for the Contract Price pursuant to Invitation to Bid No. S-29100-00014477 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 PAYMENT BOND FORM

EXHIBIT 4 PERFORMANCE 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 Pete Belisle 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 Sergey Lokotkov as its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT START DATE:

SUBSTANTIAL COMPLETION:

FINAL COMPLETION:

Base Bid: $132,000.00; (As Detailed in Exhibit 1, Pricing Submittal Form)

10 Days After Notice to Proceed 120 Days After Notice to Proceed 150 Days After Notice to Proceed

Level 3 - Restricted

3.a Project substantial and final completion dates represent the BASE BID timelines only. Bid alternates, if 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 $400.00 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 the State of Oregon, not as a penalty but as liquidated damages, $400.00 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, $400.00 per calendar day elapsed in excess of the Final Completion date stated in Section 3 of this Agreement.

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.

6. Workforce and Outreach Requirements (ORS 279C.533) Contractor agrees to be bound by and comply with all applicable workforce and outreach requirements provided under ORS 279C.533 as prescribed in the Contract Documents (see Exhibit 7).

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.