LCC RFP 24-25-09_Exhibit 4_ Standard Contract Provisions w.CBA_B12_CMGC_04.15.2025.pdf

- LANE COMMUNITY COLLEGE STANDARD CONTRACT PROVISIONS - Rev. Date: 5/17/2021 | P a g e 1

LANE COMMUNITY COLLEGE

STANDARD CONTRACT PROVISIONS

A. The following standard public contract clauses must be included expressly or by reference in every Lane Community College contract:

1. Pursuant to ORS 279B.220 or ORS 279C.505, as applicable, Contractor must:

a. Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract.

b. Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract.

c. Not permit any lien or claim to be filed or prosecuted against Lane Community College on account of any labor or material furnished.

2. Pursuant to ORS 279B.230 and 279C.530, as applicable:

a. The contractor must promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

b. All subject employers working under the contract are either employers that will comply with ORS

656.017 or employers that are exempt under ORS 656.126.

3. Pursuant to ORS 279B.235, 279C.520, and 279C.540, as applicable, in performing the work of this Contract:

a. A person may not 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 when the public policy requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay:

1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

2) 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

3) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.

b. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before the commencement of work on the 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.

c. If this Contract is for personal services as described in ORS 279A.055, an employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.

d. Not used.

e. Except as provided in subsection (d) of this section, if this Contract is for services, all persons employed under the Contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020 (1)(b)(B) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before the commencement of work on the 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 joshua.dodson Typewritten Text Exhibit 4

- LANE COMMUNITY COLLEGE STANDARD CONTRACT PROVISIONS - Rev. Date: 5/17/2021 | P a g e 2 employees may be required to work.

f. This section (3) does not apply if the Contract is strictly for goods or personal property.

4. The contractor may not permit any lien or claim to be filed or prosecuted against Lane Community College on account of any labor or material furnished, shall assume responsibility for the satisfaction of any lien so filed or prosecuted and shall defend against, indemnify and hold Lane Community College harmless from any such lien or claim.

5. The contractor and any subcontractor must pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

6. Contractor, any subcontractors, and all employers working under the contract are subject employers under the Oregon Workers' Compensation Law and must comply with ORS 656.017, unless exempt under ORS 656.027.

7. Unless otherwise provided by the contract or law, Lane Community College has a right to exercise the following remedies for Contractor's failure to perform the scope of work or failure to meet established performance standards:

a. Reduce or withhold payment;

b. Require Contractor to perform, at Contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

c. Declare a default, terminating the public contract and seeking damages and other relief available under the terms of the public contract or other applicable law.

8. The Contract may be canceled at the election of Lane Community College for any substantial breach, willful failure, or refusal on the part of Contractor to faithfully perform the contract according to its terms. Lane Community College may terminate the contract by written order or upon request of Contractor, if the work cannot be completed for reasons beyond the control of either Contractor or Lane Community College, or for any reason considered to be in the public interest other than a labor dispute, or by reason of any third party judicial proceeding relating to the work other than one filed in regards to a labor dispute, and when circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work

9. If Lane Community College does not appropriate funds for the next succeeding fiscal year to continue payments otherwise required by the contract, the contract will terminate at the end of the last fiscal year for which payments have been appropriated. Lane Community College will notify the Contractor of such non- appropriation not later than 30 days before the beginning of the year within which funds are not appropriated. Upon termination pursuant to this clause, Lane Community College will have no further obligation to the Contractor for payments beyond the termination date.

10. Unless otherwise provided by the contract or law, Contractor agrees that Lane Community College and its duly authorized representatives may have access to the books, documents, papers, and records of Contractor which are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts, copies and transcripts. The contractor shall retain and keep accessible such books, documents, papers, and records for a minimum period of (6) six years after Lane Community College makes final payment on this Agreement. Copies of applicable records must be made available upon request, and payment of copy costs is reimbursable by Lane Community College.

11. Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing the goods or services or personal services covered by this Agreement, unless Lane Community College has good cause, and the contract provides otherwise. However, with respect to professional services provided under the Contract, Contractor must possess the learning, skills, and experience ordinarily possessed by similar professionals in the community and use reasonable care and diligence and professional judgment in carrying out the work.

12. Contractor shall make all provisions of the contract with Lane Community College applicable to any subcontractor performing work under the contract.

13. Lane Community College will not be responsible for any losses or unanticipated costs suffered by Contractor as a result of the contractor's failure to obtain full information in advance in regard to all conditions pertaining to the work.

14. Contractor certifies that the Contractor has all necessary licenses, permits, or certificates of registration necessary

- LANE COMMUNITY COLLEGE STANDARD CONTRACT PROVISIONS - Rev. Date: 5/17/2021 | P a g e 3 to perform the contract and further certifies that all subcontractors will likewise have all necessary licenses, permits, or certificates before performing any work. The failure of the Contractor to have or maintain such licenses, permits, or certificates is grounds for rejection of a bid or immediate termination of the contract.

15. Contractor may not commence any work until the Contractor obtains, at the Contractor's own expense, all required insurance as specified by Lane Community College. Such insurance must have the approval of Lane Community College as to limits, form, and amount.

16. Pursuant to ORS 279A.120, if Contractor is a nonresident bidder and the Contract price exceeds $10,000, Contractor must promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before Lane Community College will make final payment on the contract.

17. Pursuant to ORS 279B.225, if the Contract includes lawn and landscape maintenance Contractor must salvage, recycle, compost, or mulch yard waste material at an approved site, if feasible and cost-effective.

18. Contractor may not commence any work until the Contractor furnishes evidence of all required insurance specified by Lane Community College, and has obtained Lane Community College's approval as to limits, form, and amount. Coverage must include an Additional Insured Endorsement that includes completed operations, and which is primary and non-contributory with any other insurance and self-insurance.

B. Lane Community College Board of Education passed a Resolution in Support of Community Benefits Agreements in December 2019. The following Community Benefit contract clauses must be included expressly or by reference in every Lane Community College contract:

1. On all professional service contracts community benefits practices will be implemented as follows:

a. Proposers shall include an overview of the company’s climate action plan or similar document or internal policy as part of the proposal package.

b. Proposers are to address their strategies for the following items as part of their proposal:

i. Promoting and prioritizing sourcing materials, goods, and services locally;

ii. Promoting and prioritizing local businesses, contractors, suppliers, and workers.

c. The proposer shall submit documentation of the company climate action plan or similar document before finalizing the contract agreement.

2. On construction contracts valued at $500,000.00 or greater community benefits practices will be implemented as follows:

a. The following applies to prime contractors and major subcontractors. Major subcontractors include structural framing, HVAC, Plumbing, Fire Sprinklers, Electrical, and Interior Systems. Interior Systems refers to gypsum board assemblies (including non-structural framing) and acoustical ceilings:

i. Living Wage. Contractor will pay subject workers employed on the project a living wage, as determined by Lane County, of not less than $25.35 per hour. This rate will be paid to all workers performing construction and construction-related trades at the site, not including: management staff, interns, clerks, cleaners, and delivery persons, and accepting apprentices enrolled in an Oregon-registered apprenticeship program as provided in subsection iii. below.

ii. Full-Family Health Care. Contractor will provide to all of its workers employed on the project an employer-paid, no cost-share, and full-family health care plan. For purposes of this contract, a full-family health care plan means a plan covering health care expenses that provide such coverage for the worker, the worker’s spouse or legal partner, and minor dependents.

iii. Participation in Apprenticeship Program. Contractor and major subcontractors are approved to participate in at least one apprenticeship program registered with the State of Oregon Bureau of Labor & Industries (BOLI) and will encourage the participation of apprentices in the workforce.

iv. Provide and require OSHA 10 training for all permanent full-time trade workers working on the project.

joshua.dodson Highlight f Community Benefits joshua.dodson Highlight Agreements in December 201

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v. The Contractor shall submit documentation demonstrating compliance with the obligations described above with all payment applications.

vi. The contractor will provide additional documentation or confirmation of compliance with the obligations described above upon request from Lane Community College.

b. The prime contractor shall set aside subcontracts with a dollar value of $50,000 and under for COBID-certified bidders (minority and women-owned).

c. The prime contractor shall track and document the locations of subcontractor’s business location and workers' residences.

d. The prime contractor will be required to track and report the location from which materials were sourced.

e. The Prime Contractor will provide documentation on the recycling and other landfill diversion efforts of demolition and other waste materials.

f. For Projects utilizing a Design-Bid-Build contracting method, prime contractors are to have a climate action plan or similar document or internal policy:

i. Prime Contractors shall certify that have such a plan with their bid submittal.

1. The apparent low bidder shall submit the plan within 24 hours of the bid opening.

g. For Projects utilizing a CM/GC contracting method:

i. Proposers shall include an overview of the company’s climate action plan or similar document or internal policy as part of the proposal package.

ii. Proposers are to address their strategies for the following items as part of their proposal:

1. Promoting and prioritizing sourcing materials, goods, and services locally;

2. Promoting and prioritizing local businesses, contractors, suppliers, and workers.

iii. The CM/GC shall submit documentation of the company climate action plan or similar document before finalizing the GMP agreement.

3. On construction contracts valued less than $500,000.00 community benefits practices will be implemented as follows:

a. The prime contractor shall set aside subcontracts with a dollar value of $50,000 and under for COBID-certified bidders (minority and women-owned).

b. The prime contractor shall track and document the locations of subcontractor’s business location and worker's residences.

c. The prime contractor will be required to track and report the location from which materials were sourced.

d. The Prime Contractor will provide documentation on the recycling and other landfill diversion efforts of demolition and other waste materials.