Exhibit 5 Sample Public Improvement Agreement Form.pdf

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 PUBLIC IMPROVEMENT AGREEMENT FORM TO THE CONTRACTOR ALONG WITH THE NOTICE TO PROCEED.]

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

Seclusion Room Renovation, Oregon State Hospital, Junction City

Contract # 182502

This Agreement for the Seclusion Room Renovation at the Oregon State Hospital in Junction City, Oregon (the "Agreement"), made by and between the State of Oregon, acting by and through the Department of Administrative Services Procurement Services on behalf of Oregon Healthy 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.

The Contract price includes all items provided in Exhibit 1, Pricing Submittal Form.

CONTRACTOR shall perform the Work for the Contract Price pursuant to Invitation to Bid No S-44300-00010048, 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 BID SECURITY FORM

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 SAMPLE CONTRACT

EXHIBIT 6 GENERAL CONDITIONS

SUPPLEMENTAL GENERAL CONDITIONS

CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

SPECIFICATIONS – Project Manual, Seclusion Room Renovation, dated August 12, 2022 PLANS- Seclusion Room Renovation, OSH—Junction City, 100% CD, dated September 15, EXHIBIT 7

EXHIBIT 8

ATTACHMENT A

ATTACHMENT B

Unless otherwise specified in the Contract Documents, the OWNER designates Joel Turner, Project Manager 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: 14 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 90 calendar days from issuance of Notice to Proceed.

FINAL COMPLETION: 120 calendar days from issuance of Notice to Proceed.

4. Liquidated Damages.

Failure to complete the project known as the Seclusion Room Renovation, Oregon State Hospital, Junction City 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 damages, $1,000.00 per calendar day for each day elapsed in excess of the Substantial Completion date stated in Section 3 of this Agreement.

5. Prevailing Wage Rates.

This contract is subject to the Oregon Bureau of Labor and Industries (BOLI) wage 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:

[will be inserted prior to contract execution]

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

6. 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.

2. Representatives.

(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.

7. 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.

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

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