Exhibit 5 Sample Contract~3.pdf

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EXHIBIT 5

Sample Public Improvement Agreement Form

[COPIES OF THIS PUBLIC IMPROVEMENT AGREEMENT FORM---MODIFIED FROM BEING THIS EXHIBIT 5 SAMPLE TO THE ITB TO A STAND-ALONE RESULTING AGREEMENT BETWEEN THE PARTIES---WILL BE SENT TO THE INTENDED AWARDEE (CONTRACTOR) BY OSH AT THE TIME OF THE STATE'S INTENT TO AWARD ANNOUNCEMENT. THE BLANKS IN THIS SAMPLE WILL BE FILLED IN BY OSH. THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE AGREEMENT. AFTER ALL REQUIREMENTS ARE MET, THE STATE WILL THEN SIGN THE PUBLIC IMPROVEMENT AGREEMENT FORM AND SEND AN ORIGINAL, SIGNED FULLY

EXECUTED AGREEMENT FORM TO THE CONTRACTOR ALONG WITH THE NOTICE TO PROCEED. ]

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

Meadow Unit Renovation Project

Oregon State Hospital, Junction City, Oregon Contract # 181855

This Agreement for the Meadow Unit Renovation, Oregon State Hospital, Junction City, Oregon, (the "Agreement"), made by and between the State of Oregon, acting by and through the Oregon Health Authority, Oregon State Hospital, hereinafter called OWNER, and (Insert Contractor’s Name) 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 (Insert Price) (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.

CONTRACTOR shall perform the Work for the Contract Price pursuant to Invitation to Bid No. S-44300- 00008316, any 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, included via weblink or provided electronically in the ITB advertisement:

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

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS & OSH SUPPLEMENTAL

GENERAL PROVISIONS

EXHIBIT 8 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENT A SPECIFICATIONS – Project Manual, Oregon State Hospital, Junction

City, Meadow Unit Renovation, March 24, 2023 ATTACHMENT B PLANS – Architectural Drawings, OSH-JC Meadow Unit, March 24, 2023

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2. Representatives.

Unless otherwise specified in the Contract Documents, the OWNER designates Joel Turner 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 (Insert Name) its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT START DATE: 30 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 300 calendar days from contract effective date FINAL COMPLETION: 360 calendar days from Issuance of Notice to Proceed.

4. Liquidated Damages Reserved

5. Prevailing Wage Rates.

This contract is subject to the Oregon Bureau of Labor and Industries (BOLI) prevailing wage rates and apprenticeship rates as of date the ITB was first advertised, which while not physically attached, are available in the following weblinks and incorporated herein by reference with the same force and effect as though fully set forth herein:

Prevailing Rates for Public Works Contracts:

https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/January%205,%202024% 20Prevailing%20Wage%20Rate%20Book.pdf

PWR Apprenticeship Rates https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/January,%205%202024% 20Apprenticeship%20Rates.pdf

The Work will take place in Lane County, BOLI Region 5.

6. Workforce and Outreach Requirements (ORS 279C.533). This Contract is subject to ORS 279C.533, and Contractor shall comply with all applicable workforce requirements regarding apprentices, and the outreach to and recruitment and retention of women, minority individuals and veterans, including the reporting requirements pursuant thereto (See Exhibit 7, 7SGC-5.

7. Certifications.

(a) Non-Discrimination; Contractor certifies, in accordance with ORS 279A.112, 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 a material term and condition of this Agreement, Contractor must maintain, throughout the duration of this Agreement, a policy and practice that complies with ORS 279A.112, including, but not limited to, giving employees written notice of the Contractor's policy and practice.

(b) Subcontractor Licensing. Contractor certifies, in accordance with OAR 137-049-0200(1), that all subcontractors performing Work on the Project described in ORS 701.005(2) will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the Contract.

https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/January%205,%202024%20Prevailing%20Wage%20Rate%20Book.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/January%205,%202024%20Prevailing%20Wage%20Rate%20Book.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/January,%205%202024%20Apprenticeship%20Rates.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/January,%205%202024%20Apprenticeship%20Rates.pdf

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(c) Debt. Contractor certifies that Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

7. Pay Equity Compliance. As required by ORS 279C.520, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

“Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract/Price Agreement for cause.

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.

6. Integration.

THE CONTRACT, WHICH INCLUDES THIS AGREEMENT AND THE REMAINING CONTRACT

DOCUMENTS, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,

CONSENT, MODIFICATION OR CHANGE OF TERMS OF THE 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 THE CONTRACT. CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED

REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND THE

REST OF THE CONTRACT DOCUMENTS, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY

THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE REMAINING CONTRACT

DOCUMENTS.

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In witness whereof, the STATE OF OREGON, acting by and through the Oregon Health Authority, Oregon State Hospital, 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 _________________________

CONTRACTOR ADDRESS _________________________

CONTRACTOR ADDRESS _________________________

CONTRACTOR'S CCB # ______________ Expiration Date:_____________

CONTRACTOR’S SIGNATURE:______________________________________________

Date

Oregon Health Authority, Oregon State Hospital

Date

Oregon Health Authority, Oregon State Hospital Signature Authorization to Commit and Disburse Funds

Date

Approved for legal sufficiency

Via Email by______________________________________________________________ Assistant Attorney General Date