723514 - Addendum 1 Package.pdf

Market at Aguilas Pedestrian Crossing Bid No. 245093 / Project No. 723514

ADD 1 00100-1 Invitation to Bid

Invitation to Bid

For

Market Steet NE at Aguilas Court NE Pedestrian Improvements

The Contracts and Procurement Manager of the City of Salem will receive bids electronically through Equity Hub’s

Bid Locker until but not after 2:30 p.m., (Local Time) Tuesday, May 13, 2025 , at which time said bids will be publicly opened and read virtually using Zoom, for the project specified herein The Zoom call in information will be posted on OregonBuys at least 3 days prior to bid opening date and time.

WORK DESCRIPTION: The Work under this contract includes construction of a marked pedestrian crossing on Market Street NE with Rapid Rectangular Flashing Beacons, overhead street illumination upgrades, pedestrian signage, pavement markings and Americans with Disabilities Act (ADA) compliant ramps.

PROCUREMENT DOCUMENTS: Bidders may obtain the bid documents by registering on the OregonBuys website and downloading them. Bidders shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov/. The City shall advertise all Addenda on OregonBuys. Prospective bidders are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Bid documents will not be mailed to prospective bidders.

PRE-BID CONFERENCE: No Pre-Bid Conference is scheduled for this project.

BID SUBMITTAL: Bids must be submitted on the bid forms furnished to the bidders. Completed bids must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker

NO LATE BIDS WILL BE ACCEPTED. Your bid must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each bid is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission. The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

BID SECURITY: Bid security in the amount of 10 percent of the bid must accompany each bid in accordance with the Instructions to Bidders.

AWARD: The City of Salem (“City”) reserves the right to reject any or all bids, to waive informalities, and to postpone the award of the contract for thirty (30) days.

HUMAN RIGHTS: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity, or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. The City’s complete Title VI Plan may be viewed at (http://www.cityofsalem.net). Contracts for work under this bid will obligate the Contractor to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules and regulations.

ADD 1 00100-2 Invitation to Bid

SOLICITATION FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND

EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractors obligations under a contract awarded pursuant to this bid, Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws.

The City will provide ADA accommodations upon reasonable request to the Contracts and Procurement Manager.

The City is an Equal Employment Opportunity Employer.

CONTRACTOR DISCLOSURE: Prior to award, Contractor will be required to provide answers to the five questions stipulated in Salem Revised Code (SRC) 2.380(b).

PREVAILING WAGE RATES: Bids exceeding $50,000 are subject to ORS 279C.800 through 279C.870.

Prevailing Wage Rates and necessary forms are available at http://www.oregon.gov/boli/WHD/PWR/Pages/Index.aspx. BOLI Prevailing Wage Rates for Public Works Contracts in Oregon dated January 5, 2025, including all amendments issued prior to February 03, 2025.

The Work will take place in Marion County, Region 3.

TECHNICAL QUESTIONS: Inquiries concerning the contents of the bid specifications should be directed to John Echeverri, PE, Senior Project Manager, at jecheverri@cityofsalem.net.

Shawna Self, CPPB Contracts and Procurement Manager

BID/CONTRACT NUMBER: 245093

BID CLOSING/OPENING: Tuesday, May 13, 2025, at 2:30 pm (Local Time)

ADD 1 00431-1 Bid Bond

BID BOND

Bidder Name and Address:

Surety (Name and Address of Principal Place of Business)

OWNER Name and Address:

City of Salem

555 Liberty Street SE

Salem OR 97301

Bid:

Bid Opening Date: May 13, 2025

Project: Market Street NE at Aguilas Court NE Pedestrian Improvements

The Work under this contract includes construction of a marked pedestrian crossing on Market

Street NE with Rapid Rectangular Flashing Beacons, overhead street illumination upgrades, pedestrian signage, pavement markings and Americans with Disabilities Act (ADA) compliant ramps.

Bond:

Bond Number:

Date (Not later than Bid due):

Penal Sum:

(Words) (Figures)

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

Bidder SURETY

(Seal) Bidder’s Name

Surety’s Name and Corporate Seal

By:

By:

Signature and Title

Signature and Title

(Attach Power of Attorney)

NOTE:

1. Above addresses are to be used for giving required notice.

2. Any singular reference to Bidder, Surety, OWNER, or other party shall be considered plural where applicable.

ADD 1 00431-2 Bid Bond

PENAL SUM FORM

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time frame required by the Bid

Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bid

Documents and any insurance and Performance and Payment Bonds required by the Bid Documents.

3. This obligation shall be null and void if:

3.1. OWNER accepts Bidder’s Bid and Bidder delivers within the time frame required by the Bid Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bid Documents and any insurance and Performance and Payment Bonds required by the Bid Documents; or

3.2. All Bids are rejected by OWNER; or

3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bid Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph

5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

6. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in Marion

County, Oregon.

7. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States

Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

8. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of surety to execute, seal, and deliver such

Bond and bind the Surety thereby.

9. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length.

If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

10. The term “Bid” as used herein includes an offer or Bid as applicable.

― END OF SECTION ―

ADD 1 00500-1 Form of Agreement

FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is by and between City of Salem (hereinafter called OWNER) and (hereinafter called CONTRACTOR)

OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1―WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The Work under this contract includes construction of a marked pedestrian crossing on Market Street NE with Rapid Rectangular Flashing Beacons, overhead street illumination upgrades, pedestrian signage, pavement markings and Americans with Disabilities Act (ADA) compliant ramps.

ARTICLE 2―THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is general described as follows:

Market Street NE at Aguilas Court NE Pedestrian Improvements

ARTICLE 3―ENGINEER

3.01 ENGINEER, who is to act as OWNER’s representative, shall assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4―CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Project Milestones, Substantial Completion, and Final Payment

A. The Work required to meet the Milestones and Substantial Completion will be completed within the time(s) indicated below after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within the time indicated below after the date when the Contract Times commence to run.

Days to Complete

1. Substantial Completion ....................................................................................................... 8/30/2025

2. Final Completion ................................................................................................................ 9/30/2025

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence in the Agreement and that the OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof of loss, ADD 1 00500-2 Form of Agreement

OWNER and CONTRACTOR agree that as liquidated damages for any delay (but not as a penalty), CONTRACTOR shall pay OWNER as follows:

Substantial Completion ............................................................................................................................ 100% Final Completion ...................................................................................................................................... 100%

Original Amount of Contract

For more than Up to and including Schedule of Liquidated Damages Daily Amount per Calendar Day

$0… $100,000… $160.00

100,001… 500,000… $335.00

500,001… 1,000,000… $445.00

1,000,001… 2,000,000… $670.00

2,000,001… 5,000,000… $890.00

5,000,001… ……….. $1,110.00

ARTICLE 5―CONTRACT PRICE

5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents for all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto as an exhibit.

ARTICLE 6―PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2, below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions:

a. 95 percent of Work completed (with the balance being retainage). This may be reduced as set forth in c. below; and

b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

c. Following completion of 50 percent of the value of the Work, CONTRACTOR may submit a written request for OWNER to cease withholding retainage. This request shall be accompanied by written approval of this action from CONTRACTOR’s surety. As set forth in ORS 279C.560(3) and

ADD 1 00500-3 Form of Agreement

279C.560(5), CONTRACTOR may deposit bonds or securities in lieu of retainage. As set forth in ORS 279C.560(4), CONTRACTOR may request OWNER to deposit retainage in an interest-bearing account if the contract price is less than $500,000.

2. OWNER shall retain 25 percent of any amount earned by CONTRACTOR until CONTRACTOR has filed the certified statements required by ORS 279C.845. OWNER shall pay to CONTRACTOR the amount retained under this subsection within 14 days after CONTRACTOR files the required certified statements, regardless of whether a Subcontractor has failed to file certified statements.

3. CONTRACTOR shall retain 25 percent of any amount earned by a first-tier Subcontractor until the first-tier Subcontractor has filed with OWNER the certified statements required by ORS 279C.845. Before paying any amount retained under this subsection, CONTRACTOR shall verify that the first-tier Subcontractor has filed the certified statement. Within 14 days after the first-tier Subcontractor files the required certified statement, CONTRACTOR shall pay the first-tier Subcontractor any amount retained under this subsection.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said Paragraph 14.07.

ARTICLE 7―INTEREST

7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest pursuant to ORS 279C.570. The OWNER shall pay to the CONTRACTOR interest on the progress payment, not including retainage, due the CONTRACTOR. The rate of interest charged to OWNER on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after receipt of the invoice from CONTRACTOR or 15 days after the payment is approved by the OWNER, whichever is the earlier date, but the rate of interest shall not exceed 30 percent.

If the contract price exceeds $500,000, the OWNER shall place amounts deducted as retainage into an interest-bearing escrow account. Interest on the retainage amount accrues from the date the payment is approved until the retainage is paid to the CONTRACTOR to which it is due.

ARTICLE 8―CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures

ADD 1 00500-4 Form of Agreement f construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

J. The Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9―CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (section 00500).

2. Not Used.

3. Not Used.

4. Not Used.

5. General Conditions (section 00700).

6. Supplementary Conditions (section 00800).

7. Specifications as listed in the table of contents of the Project Manual.

8. Drawings consisting of 16 sheets with each sheet bearing the following general title:

Market St NE @ Aguilas Ct NE Pedestrian Improvements

9. Addenda (numbers ___ to ___, inclusive).

10. Exhibits to this Agreement (enumerated as follows):

a. CONTRACTOR’s Bid (section 00410).

b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages ___ to ___, inclusive).

11. The following which may be delivered or issued on or after the Effective Date of this Agreement and are not attached hereto:

a. Notice to Proceed.

b. Change Order(s).

c. Written Amendment(s).

d. Performance Bond.

ADD 1 00500-5 Form of Agreement

e. Payment Bond.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly set forth in Paragraph 9.01.A.11 above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph

3.04 of the General Conditions.

ARTICLE 10―MISCELLANEOUS

10.01 Terms

A. Terms used in this Agreement have the meanings set forth in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

A. No assignment to a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

10.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Other Provision

A. Pursuant to ORS 279C.505, CONTRACTOR shall:

1. make payment promptly, as due, to all persons supplying to CONTRACTOR labor or material for the performance of the Work provided for in the Contract.

2. pay all contributions or amounts due the Industrial Accident Fund from CONTRACTOR or

Subcontractor incurred in the performance of Work provided for in the Contract.

3. not permit any lien or claim to be filed or prosecuted against OWNER, on account of any labor or material furnished.

4. pay to the Oregon Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

5. demonstrate an employee drug testing program is in place within its company.

ADD 1 00500-6 Form of Agreement

B. Pursuant to ORS 279C.510:

1. If the Work includes demolition, CONTRACTOR and subcontractors shall salvage or recycle construction and demolition debris if feasible and cost-effective; and

2. If the Work includes lawn and landscape maintenance, CONTRACTOR and subcontractors shall compost or mulch yard waste material at an approved site, if feasible and cost-effective.

C. Pursuant to ORS 279C.515:

1. If CONTRACTOR fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the CONTRACTOR or a Subcontractor by any person, or the assignee of the person, in connection with the Contract as such claim becomes due, OWNER may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due CONTRACTOR by reason of this Contract.

2. If CONTRACTOR or a first-tier Subcontractor/Supplier fails, neglects, or refuses to make payment to a person furnishing labor or materials in connection with this Contract within 30 days after receipt of payment from OWNER or CONTRACTOR, CONTRACTOR or first-tier Subcontractor/Supplier shall owe the person the amount due plus interest charges, commencing at the end of the ten-day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived.

3. If CONTRACTOR, Subcontractor, or Supplier fails, neglects, or refuses to make payment to a person furnishing labor or materials in connection with the Contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

D. Pursuant to ORS 279C.520:

1. No person shall be employed for more than 10 hours in any one day, or 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 one-half of the regular rate of pay:

a. for all overtime in excess of 8 hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

b. for all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and

c. for all work performed on Saturday and on any legal holiday specified in ORS 279C.540.

2. CONTRACTOR must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of CONTRACTOR’S employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. CONTRACTOR’S compliance with this section constitutes a material element of this Agreement and a failure to comply constitutes a breach that entitles OWNER to terminate this Agreement for cause.

3. CONTRACTOR may not prohibit any of CONTRACTOR’S employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. CONTRACTOR may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

ADD 1 00500-7 Form of Agreement

4. CONTRACTOR must give notice in writing to employees who work on this Contract, either at the time of hire or before commencement of work on this 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.

E. Pursuant to ORS 279C.530:

1. CONTRACTOR shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care, or other needed care and attention, incident to sickness or injury, to the employees of CONTRACTOR, of all sums that CONTRACTOR agrees to pay for such services and all moneys and sums that CONTRACTOR collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for such service.

2. All subject employers working under this Contract are either employers that will comply with ORS

656.017 or employers that are exempt under ORS 656.126.

F. Pursuant to ORS 279C.838 and 279C.840, each worker in each trade or occupation employed in the performance of the Work, whether by CONTRACTOR, Subcontractor, or any other person doing or contracting to do work or contracting for the whole or any part of the Work, must be paid not less than the applicable state prevailing rate of wage, or the applicable federal prevailing rate of wage, whichever is higher.

G. Unless exempt under ORS 279C.836(4), (7), (8), or (9), before starting work, CONTRACTOR shall file a public works bond with the Construction Contractors Board in the amount of $30,000.

H. CONTRACTOR shall include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting work, unless exempt under ORS 279C.836(4), (7), (8), or (9).

I. Pursuant to ORS 279C.580:

1. CONTRACTOR shall include in each subcontract for property or services entered into by

CONTRACTOR and a first-tier Subcontractor/Supplier the following:

a. A payment clause that obligates CONTRACTOR to pay the first-tier Subcontractor/Supplier for satisfactory performance under its subcontract within ten days out of such amounts as are paid to CONTRACTOR by OWNER under the Contract; and

b. An interest penalty clause that obligates CONTRACTOR, if payment is not made within 30 days after receipt of payment from OWNER, to pay to the first-tier Subcontractor/Supplier an interest penalty on amounts due in the case of this Article. CONTRACTOR or first-tier Subcontractor/Supplier shall not be obligated to pay an interest penalty if the only reason that CONTRACTOR or first-tier Subcontractor/Supplier did not make payment when payment was due is that CONTRACTOR or first-tier Subcontractor/Supplier did not receive payment from OWNER or CONTRACTOR when payment was due. The interest penalty shall be as follows:

(1) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and

(2) Computed at the rate specified in ORS 279C.515(2).

2. CONTRACTOR shall include in each of its subcontracts, for the purpose of performance of the

Work pertaining to the Contract, a provision requiring first-tier Subcontractors/Suppliers to include a payment clause and an interest penalty clause conforming to the standards in ORS 279C.580(3) in each of its subcontracts and to require each of its Subcontractors/Suppliers to include such clauses in their subcontracts with each lower- tier Subcontractor or Supplier.

J. CONTRACTOR shall:

ADD 1 00500-8 Form of Agreement

1. Cause a circular clearly printed in boldfaced 12-point type and containing a copy of ORS 279C.545 to be posted in a prominent place alongside the door of the timekeeper’s office or in a similar place which is readily available and freely visible to any or all workers employed on the Work.

2. Maintain such Circular continuously posted from the inception to the completion of the contract on which workers are or have been employed.

K. Contractor hereby agrees that no person shall, on the grounds of race, religion, color, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity, or source of income, suffer discrimination in the performance of this Agreement when employed by Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations, including Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Federal Aid Highway Act of 1973, Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Executive Order 12898, and Executive Order 13166. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise, a minority-owned business, a women-owned business, a business that a service-disabled veteran owns, or an emerging small business in awarding subcontracts as required by ORS 279A.110.

L. Solicitation for subcontracts, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under a contract awarded pursuant to this bid, Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws.

M. Waiver. Whenever under this Agreement either party, by a proper authority, waives either party’s performance in any respect or waives a requirement or condition of either party’s performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times that either party may have waived performance, requirement, or condition.

N. The individual signing this Agreement on behalf of the CONTRACTOR certifies and warrants that he or she has the authority to sign on behalf of CONTRACTOR and bind the CONTRACTOR to the terms and conditions of this Agreement.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be signed in their respective names by their duly authorized representatives in duplicate as of the dates set forth below. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf by their duly authorized representatives.

This Agreement will be effective on , (which is the Effective Date of the Agreement)

OWNER: CONTRACTOR:

By: By:

Title: Title:

Date: Date:

― END OF SECTION ―