PANG Guard Shack ECP Project C-25-003 SIGNED.pdf

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STATE OF OREGON

PUBLIC IMPROVEMENT AGREEMENT

for

PANG Guard Shack ECP Project C-25-003

This Agreement for the Pang Guard Shack ECP Project (the “Agreement”), made by and between the State of Oregon, acting by and through the Oregon Military Department, hereinafter called OWNER, and Essex Construction and Bo Oswald 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 term used herein are defined in Section A.1 of the State of Oregon General Conditions for Public Improvement Contracts.

1. Contract Price.

The CONTRACTOR, in consideration of the sum of $116,279.00 (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, whether or not physically attached to this Agreement, included via weblink, or provided electronically in the ITB advertisement, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents.

The Contract Price includes the following items:

Base Bid $114,279.00__________ Contingency $2000.00

2. Representatives.

Unless otherwise specified in the Contract Departments, the OWNER designates Tod Hyland, 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 is authorized to carry out the responsibility of the OWNER. CONTRACTOR has named Bo Oswald its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT START DATE: 10 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 30 calendar days from issuance of Notice to Proceed FINAL COMPLETION: 60 calendar days from issuance of Notice to Proceed

4. Prevailing Wage Rates. This Agreement is subject to the BOLI following prevailing wage rates and apprenticeship rates (and any applicable amendments) as of the date the project 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:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts in effect as of April 5th, 2025 available at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The work will take place in Multnomah County, BOLI Region two (2).

5. Liquidated Damages.RESERVED

6. Outreach, Recruitment and Retention. Contractor shall comply fully with the provisions of ORS 279C.533. It is a material provision of this public improvement contract that Contractor establish and implement a plan for outreach to and recruitment and

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retention of women, minority individuals and veterans, with an aspirational target of having individuals in one or more of these groups to compose at least 15 percent of the total number of workers who perform work under this contract. Contractor shall demonstrate adequate good faith efforts to comply with this provision.

a. Subcontractor Applicability. Contractor shall require any subcontractor with which the contractor has a subcontract with a contract price of $750,000 or more to establish and implement a plan for outreach to and recruitment and retention of women, minority individuals and veterans, with an aspirational target of having individuals in one or more of these groups to compose at least 15 percent of the total number of workers who perform work under that subcontract.

b. Plan Requirements. Contractor’s (and applicable subcontractors per subsection (a) above) Outreach, Recruitment and Retention Plan must require, at a minimum, that it:

i. Advertise employment opportunities available under the public improvement contract in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minority individuals, women or veterans;

ii. Follow up on the contractor’s initial solicitations of interest by contacting minority individuals, women or veterans who expressed interest in or responded to the initial solicitation to determine with certainty whether the minority individual, woman or veteran is interested in the opportunities described in subsection (i);

iii. Provide all persons who express continued interest with adequate information about hiring qualifications, pay rates, benefits, the expected duration of employment, work hours and other conditions of employment under the public improvement contract;

iv. Make efforts to encourage minority individuals, women and veterans to seek employment under the public improvement contract that the contractor may reasonably expect will produce a level of participation that meets the aspirational target described in this Section 6; and

v. Use the services of minority community organizations, local, state, federal and tribal governments or other organizations that have recruiting, training and otherwise assisting minority individuals, women and veterans as the organization’s primary purpose or mission to assist the contractor with outreach, recruitment and retention.

c. Plan Compliance. Contractor shall submit its outreach, recruitment, and retention plan ten calendar days prior to the preconstruction conference or as otherwise agreed to by Agency in writing. Contractor shall follow the reporting requirements Section II of the Apprenticeship Requirements Special Provision to satisfy the reporting requirements of 279C.533 as it relates to the Outreach, Recruitment and Retention Plan. Upon request of Agency, Contractor shall provide any other supporting information Agency deems necessary or appropriate to determine compliance with this provision and requirements of ORS 279C.533.

7. Certifications.

a) Prevention of Sexual Harassment, Sexual Assault and Discrimination.

Contractor certifies, in accordance with ORS 279A.112, that it has in place a written 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 (1)(b) of ORS 279A.112. 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) Prohibition of Non-Discrimination in Subcontracting Laws (ORS 279A.110) Contractor certifies that it has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or business that a veteran owns, in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.

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.

d) Subcontractors. Contractor certifies that, unless superseded by federal law, all subcontractors performing Work described in ORS 701.005(2) (i.e., construction Work) 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.

8. 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 HE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL AND 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.

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9. Exhibits and Attachments.

EXHIBIT 1 RESERVED

EXHIBIT 2 COMPLETED PRICING SUBMITTAL FORM

EXHIBIT 3 RESERVED

EXHIBIT 4 RESERVED

EXHIBIT 5 EXECUTED PERFORMANCE BOND

EXHIBIT 6 EXECUTED PAYMENT BOND

EXHIBIT 7 RESERVED

EXHIBIT 8 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

EXHIBIT 9 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 10 FEDERAL PROVISIONS (MCA GT&C)

EXHIBIT 11 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENTS

ATTACHMENT A STATEMENT OF WORK

ATTACHMENT B TECHNICAL SPECIFICATIONS

ATTACHMENT C PLANS AND DRAWINGS

ATTACHMENT D RESERVED

ATTACHMENT E PANG BASE ACCESS REQUEST

The Parties agree that signatures showing on PDF documents, including but not limited to PDF copies of the Agreement and amendments, submitted or exchanged via email are "Electronic Signatures" under ORS Chapter 84 and bind the signing Party and are intended to be and can be relied upon by the Parties. OMD reserves the right at any time to require the submission of the hard copy originals of any documents.

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CONTRACTOR INFORMATION:

CONTRACTOR NAME: Essex General Construction, Inc.

CONTRACTOR ADDRESS: 4284 W 7th Avenue, Eugene, OR 97402

CONTRACTOR’S OREGON CCB #: 54531 EXP. DATE: 11/10/2026

CONTRACTOR’S UEI #: MVL9ZKNULB86 FEIN# : 93-0954075

CONTRACTOR’S SIGNATURE:

Date

CONTRACTOR’S PRINTED NAME: TITLE

State of Oregon by and through the OREGON MILITARY DEPARTMENT

Tod Hyland, Contract Administrator Date State Supervisor

Approved for legal sufficiency – OREGON DEPARTMENT OF JUSTICE

[Not applicable if under $3,000,000 and exemption applies] Assistant Attorney General Date bo.oswald Typewritten Text Bo Oswald bo.oswald Typewritten Text President

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State of Oregon - Oregon Military Department Public Improvement Agreement

EXHIBIT 2

PRICING SUBMITTAL FORM

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EXHIBIT 5

PERFORMANCE BOND

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EXHIBIT 6

PAYMENT BOND

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EXHIBIT 8

State of Oregon General Conditions for Public Improvement Contracts

JANUARY 1, 2012

The General Conditions are available online at http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf. and are incorporated by this reference into this ITB with the same force and effect as though fully set forth herein.

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EXHIBIT 9

Supplemental General Conditions

The following Supplemental General Conditions (“SGC”) modify the State of Oregon General Conditions for Public Improvement Contracts, January1, 2012 Edition (the “General Conditions”) for this Contract. Where a portion of the General Conditions is modified by these Supplemental General Conditions, the unaltered portions shall remain in effect.

SGC-1 Add the following definitions to Section A.1 Definition of Terms:

ON-SITE WORK, means any Work taking place on the Project Site, including designated staging areas adjacent to the Project Site, except for installation of covered temporary signs according to Section 00225 of the Oregon Standard Specifications for Construction.

PROJECT SITE, means the geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas.

PROPOSAL REQUEST (“PR”), as initiated by Owner, means a written request by Owner to Contractor to quote a change to the Contract Price or Contract Period, or both, caused by a proposed change to the Contract Documents. As initiated by Contractor, PR means a written request by Contractor to the Owner’s Authorized Representative proposing a change to Contract Documents accompanied by a quotation for change to the Contract Price or Contract Period, or both.

REQUEST FOR INFORMATION (“RFI”), means a written request submitted by Contractor to the Owner’s Authorized Representative on a standard form requesting interpretation of Contract Documents. An RFI may only be used as a vehicle for confirming or verifying an issue through an interpretation of the Contract Documents when the Contractor is unable to determine from the Contract Documents the material, process, system, or Work to be installed; responses that result in change to Contract Documents and adjustment to the Contract Price or Contract Period must be documented in a written Amendment.

SGC-2 Add the following after A.3.4 under INTERPRETATION OF CONTRACT DOCUMENTS:

A.3.5 The characterization of provisions of the Contract as material provisions or the failure to comply with certain provisions as a material breach of the Contract shall in no way be construed to mean that any other provisions of the Contract are not material or that failure to comply with any other provisions is not a material breach of the Contract.

A.3.6 Should any Plans or Specifications provided by the Owner, that Contractor is required to utilize for any aspect of the Work, fail to particularly describe the materials, kind of goods, or details of construction, Contractor shall inquire of the Owner as to what is required, prior to utilization of the Plans and Specifications in performing the affected Work. Absent Owner-supplied Specifications to the contrary, the materials, construction methods, and processes that would normally be used by the Contractor to produce first-quality finished Work are considered a part of the Contract requirements.

A.3.7 Electronic Signatures. Contractor and Owner agree that signatures showing on PDF documents, including but not limited to PDF copies of the Contract, bonds, Change Orders and amendments, submitted or received via email, when submittal or receipt in that manner is required or allowed by Owner are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties. Owner reserves the right at any time to require Contractor to deliver the hard copy originals of any documents.

SGC-3 Section B.2 CONTRACTOR’S MEANS AND METHODS; MITIGATION OF IMPACTS Subsection B.2.1 is revised to read as follows:

B.2.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

Any increased cost or time resulting from means and methods which were the basis of Contractor’s bid and the resulting Contract Price that are infeasible due to site conditions(other than concealed conditions beyond the control of Contractor), shall be the sole responsibility of the Contractor. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite

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safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures.

SGC-4 Add the following at the end of Section B.3 MATERIALS AND WORKMANSHIP:

B.3.6 Material requiring weighing to be weighed by scale. Allowable scales with Engineer’s approval are commercial vehicle weigh scales, plant automatic weight batching and mixing control printer system, or plant weight hopper printer system.

Pay Items to be measured by weight shall include all Contractor costs for furnishing appropriate weight tickets and transporting Materials to the scales or to check weighing.

The scales shall conform to ORS 618, and NIST Handbook 44, and shall be:

Licensed by the Oregon Department of Agriculture;

Technically suitable for weighing the Materials;

Properly installed and maintained; and Accurate to the required tolerances.

The Owner may periodically have a representative at the scales to observe the weighing procedures.

SGC-5 Add the following to the end of Section B.4 PERMITS:

“Permits and licenses” include all submittals and fees required by any jurisdiction as a condition of their approval to construct the project for its intended purpose as described in the solicitation document and Contract. The Contractor shall pursue permits expeditiously in order to begin the Project in accordance with the approved schedule and NTP. The Owner shall bear no cost related to delays caused by the permit process, and will only consider an extension of Contract time pursuant to D.2.1.2

SGC-6 Revise Section B.5 COMPLIANCE WITH GOVERNMENT LAWS AND REGULATIONS as follows:

Add the following to the end of Section B.5.1:

All rights and remedies available to Owner under applicable federal, state and local laws are also incorporated by reference herein and are cumulative with all rights and remedies under the Contract.

Delete Section B.5.2(a) and replace with the following:

(a) Pursuant to ORS 279A.110, Contractor shall not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, in the awarding of subcontracts.

Add the following Section B.5.2(c):

(c) Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, a veteran-owned business or an emerging small business under ORS 200.055, as and when applicable, the Contactor shall maintain the certifications, and require in its subcontracts that subcontractors maintain the certifications required by ORS 279A.107. Owner may require Contractor to terminate a subcontract with a subcontractor that fails to maintain its certification under ORS 200.055 throughout the term of the subcontract and any extensions.

Add the following Section B.5.2(d):

(c) It is a material term of the Contract that the Contractor certifies by entering into the Contract that Contractor has a written policy and practice that meets the requirements described in ORS 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class and that the Contractor shall maintain the policy and practice in force during the entire term of the Contract.

Delete Section B.5.6 and replace with the following:

B.5.6 Contractor shall comply with all Oregon Tax Laws, consistent with the Contractor’s Certificate of Compliance with Tax Laws and the Contractor’s warranty that the Contractor has complied with the Oregon Tax Laws. Any violation of the Contractor’s Certificate of Compliance or warranty will constitute a material breach of the Contract.

Add the following Section B.5.7:

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B.5.7 Failure to comply with any or all of the requirements of B.5.1 through B.5.6 shall be a material breach of Contract entitling the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty. Damages or costs resulting from such non-compliance shall be the responsibility of the Contractor.

SGC-7 Delete Section B.6 SUPERINTENDENCE in its entirety and replace with the following:

B.6 SUPERINTENDENCE, WEEKLY REPORTS, AND PROJECT MEETINGS

B.6.1 SUPERINTENDENCE. Contractor shall keep on the site, during the progress of the Work, a competent superintendent and any necessary assistants who shall be satisfactory to the Owner and who shall represent the Contractor on the site. Directions given to the superintendent by the Owner's Authorized Representative shall be confirmed in writing to the Contractor.

B.6.2 SUPERVISORS WEEKLY STATUS REPORT. Effective the date of Project Start Date and continuing through Final Acceptance of the Project, Contractor shall submit a Supervisors Weekly Status Report by the close of business every Friday.

The report shall consist of all work completed during the previous week and what work shall be completed the following week.

The report shall be broken out into a day by day basis format and shall include photos documenting the work performed and shall included before, during and after images. If no work was done during that week or is to be completed the following week, then the report shall show no work was done and reasonings to why no work was or is to be completed.

The weekly status report shall include the most current RFI log, most current Submittal Log, most current ASI Log, Change Order Request Log, and Issue Log.

All reports shall be delivered in PDF format via email, approved share drive, or printed hard copy.

B.6.3 PROJECT MEETINGS. Throughout the Project, Contactor shall conduct project meetings as directed by Owner’s Representative. Contractor shall record and provide meeting notes to all stakeholders, Architect/Engineer, subcontractors, and other attendees as applicable. The meeting notes shall be distributed no later than 72 hours after the project meeting. Meeting notes shall include, but not limited to:

Proper Heading, all attendees, agency, phone numbers and email addresses, Schedule Updates, Information Items, New Action Items, Unresolved Action Items from prior meeting (s), Action Items Resolved at Prior meetings, most current schedule including all Critical Path.

SGC-8 Revise Section B.7 INSPECTION as follows:

Replace Section B.7.3 under B.7 INSPECTION with the following:

B.7 Contractor shall make or obtain at the appropriate time all tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction.

The Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity retained by the Owner, or with the appropriate public authority. The Owner shall furnish and pay for special testing and inspection required by the authorities having jurisdiction. Owner will not pay from such tests resulting from the Contractor’s deficiencies, shop fabrication or means and methods. The Contractor shall be responsible for any and all inspection costs resulting from the Contractor’s acceleration of the construction schedule.

Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. The Contractor shall coordinate with and give the Owner’s Authorized Representative timely notice of when and where tests and inspections are to be made so that the Owner’s Authorized Representative may be present for such procedures. Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owner’s Authorized Representative..

Add the following as the first sentence of B.7.5:

Before cover of completed work including any backfill to trenches or holes, the installation of interior or exterior sheathing, or placing of concrete, the Contractor must notify the Owner’s representative no less than three (3) working days in advance to allow for pre-cover inspection.

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SGC-9 Revise Section B.9 ACCESS TO RECORDS as follows:

Revise Section B.9.2 by deleting the last sentence as shown below:

B.9.2 Contractor shall retain and the Owner and its duly authorized representatives shall have access to, for a period not less than ten (10) years, all Record Documents, financial and accounting records, and other books, documents, papers and records of Contractor which are pertinent to the Contract including records pertaining to Overhead and indirect costs, for the purpose of making audit, examination, excerpts and transcripts.

Add the following Section B.9.3:

B.9.3If any part of the Contract is involved in any dispute under any theory, Contractor shall retain all such records until all disputes are resolved, regardless of the 10-year period stated in B.9.2. The Owner or its agents shall continue to be provided full access to the records during all disputes.

SGC-10 Delete Section B.15 GOVERNING LAW in its entirety and replace with the following:

B.15 GOVERNING LAW. This ITB and resulting Contract shall be governed by and construed and enforced in accordance with the laws of the State of Oregon without regard to principles of conflicts of laws.

SGC-11 Replace Section B.16 LITIGATION with the following:

B.16 DISPUTES

Any Claim or dispute between Owner and Contractor that arises from or relates to this Contract regardless of legal theory, and that is not resolved through the Claims Review Process in Section D.3 shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim or dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THIS CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS

REFERENCED IN THIS SECTION B.16.

SGC-12 Replace General Conditions Section B.18.7 with the following:

B.18.7 In the event that Owner elects not to have the obligations and duties described under this Section B.18 performed by the Architect/Engineer, or in the event no Architect/Engineer is employed by Owner on the project, all obligations and duties assigned to the Architect/Engineer hereunder shall be performed by the Owner's Project Manager

SGC-13 Replace Section B.19 SUBSTITUTIONS with the following:

B.19 SUBSTITUTIONS

B19.1 The Contractor may make Substitutions only with the consent of the Owner, after evaluation by the Owner’s Authorized Representative and only in accordance with a Change Order. Substitutions shall be subject to the requirements of the bid documents. By making requests for Substitutions, the Contractor represents that the Contractor has personally investigated the proposed substitute product; certifies that the proposed product will meet the requirements of the specified product for quality, utility, durability, function, appearance, and purpose unless approved otherwise; represents that the Contractor will provide the same warranty for the Substitution that the Contractor would for the specified product unless approved otherwise; certifies that the cost data presented is complete and includes all related costs under this Contract including redesign costs, and waives all claims for additional costs related to the Substitution which subsequently become apparent; and will coordinate the installation of the accepted Substitution, making such changes as may be required for the Work to be completed in all respects.

B.19.2 The consent of the Owner to a Substitution shall not absolve the Contractor of sole liability related to the proposed product’s failure to meet the minimum requirements of the Specifications or the standard set by the specified product, for but not limited to, quality, utility, durability, function, appearance, and purpose.

SGC-14 Add the following at the end of Section C.5 HOURS OF LABOR:

Compliance with ORS 279C.520 also includes:

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(a) As required by ORS 279C.520, the Contractor must comply with the prohibitions set forth in 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.” For purposes of this provision, a “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 failure to comply with these requirements is a breach of the Contract that entitles the Owner to terminate the Contract for cause.

(b) Compliance with ORS 279C.520 includes, but is not limited to, not prohibiting employees from discussing wages, salaries, benefits and other compensation, and compliance with the wage related prohibitions in ORS 652.220. Compliance with ORS 279C.520 and ORS 652.220 is a material element of the Contract, and Contractor’s failure to comply is a breach of the Contract that entitles the contracting agency to terminate the Contract for cause.

SGC-15 Add the following after Section D.3 CLAIMS REVIEW PROCESS

D.4 FALSE CLAIMS (OREGON FALSE CLAIMS ACT)

D.4.1 Contractor understands and acknowledges it is subject to the Oregon False Claims Act (ORS 180.750 to 180.785) and to any liabilities or penalties associated with the making of a false claim under that Act. By its execution of the Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or cause to be made that pertains to the Contract or the Project for which the services are being performed, including but not limited to Contractor’s statement of proposal and any invoices, reports, or other deliverables.

D.4.2. Contractor shall immediately disclose (in writing) to Owner whenever, in connection with the award, performance or closeout of the Contract, or any subcontract thereunder, Contractor has credible evidence that a principal, employee, agent, or subcontractor of Contractor has committed—

(i) A violation of the Oregon False Claims Act; or

(ii) A violation of State or Federal criminal or civil law involving fraud, conflict of interest, bribery, gratuity or similar misconduct.

D.4.3. Contractor must include subsections D.4.1 and D.4.2 of this section in each subcontract Contractor may award in connection with the performance of the Contract. In doing so, Contractor may not modify the terms of those subsections, except to identify the subcontractors or sub grantee that will be subject to those provisions.

SGC-16 Delete Section E.2.2 of Application for Payment in its entirety and replace with the following:

Contractor shall submit to the Owner’s Authorized Representative, an application for each payment. Each application for payment shall be submitted on signed and notarized standard AIA form 701 and 702 or Owner approved similar form. Each application for payment shall include receipts or other vouchers showing payments for materials and labor, including payments to Subcontractors. Contractor shall include, in its application for payment, a schedule of the percentages of the various parts of the Work completed, based on the Schedule of Values which shall aggregate to the payment application total, and shall include, on the face of each copy thereof, a certificate in substantially the following form:

“I, the undersigned, hereby certify that the above bill is true and correct, and the payment therefore, has not been received.

Signed: “

SGC-17 Add a new subsection to Section E.2.4 as subsection (i) and existing subsections (g) and (h) of Section E.2.4 are re-numbered and revised to read as follows:

(g) failure to carry out the Work in accordance with the Contract Documents;

(h) assessment of liquidated damages, when withholding is made for offset purposes; or

(i) The Contractor having liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.

SGC-18 Delete Section E.5 RETAINAGE in its entirety and replace with the following:

E.5 RETAINAGE

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E.5.1 Retainage, if withheld, shall be withheld and released in accordance with ORS 279C.550 to 279C.580.

E.5.1.1 Owner reserves the right in its sole discretion to withhold or to not withhold retainage from progress payments or to begin withholding retainage at any time. If Owner withholds retainage from progress payments the amount to be retained will not exceed five percent of the payment. Upon written application by the Contractor, including written approval of Contractor's surety, Owner may reduce the amount of the retainage and may eliminate retainage on any remaining progress payments after 50 percent of the Work under the Contract is completed if, in the Owner's opinion, such Work is progressing satisfactorily. Upon receipt of written application by the Contractor, Owner shall respond in Writing within a reasonable time. When the Work is 97-1/2 percent completed, the Owner may, at its discretion and without application by the Contractor, reduce the retained amount to 100 percent of the value of the Work remaining to be done.

E.5.1.2 If retainage is withheld and the Contractor requests that the Owner deposit the retainage in an interest-bearing account under ORS 279C.560(5), the Owner will use an interest-bearing account, established through the State Treasurer, as provided under ORS 279C.560(5). The Owner may recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment.

E.5.1.3 In accordance with the provisions of ORS 279C.560 and any applicable administrative rules, the Contractor may submit and Owner shall accept the following alternative forms of retainage, unless the Owner rejects in writing the bonds, securities, or other instruments that the Contractor submits under paragraph (a) or a surety bond that the Contractor submits under paragraph (b), below, for good case based on unique project circumstances

(a) bonds, securities or other instruments of equal value deposited with Owner or in a bank or other financial institution to be held in lieu of the cash retainage for the benefit of Owner. Interest or earnings on the bonds, securities or other instruments shall accrue to the Contractor. To be permissible the bonds, securities and other instruments must be of a character approved by the Director of the Oregon Department of Administrative Services, including but not limited to:

(i) Bills, certificates, notes or bonds of the United States.

(ii) Other obligations of the United States or agencies of the United States.

(iii) Obligations of a corporation wholly owned by the federal government.

(iv) Indebtedness of the Federal National Mortgage Association.

(v) General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon.

(vi) Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008; or

(b) a surety bond for the benefit of Owner, for all or a portion of funds retained, or to be retained, by Owner in substantially the form specified in ORS 701.435(4) (See ORS 279C.560(7); House Bill 4006, 82nd Oregon Legislative Assembly (2024)). A surety bond submitted under this paragraph must be executed by a surety bonding company that is authorized to transact surety business in this state and may not be a surety obligation of an individual. Such bond and any proceeds therefrom shall be made subject to all claims and liens in the manner and priority as set forth for retainage under ORS 279C.550 to ORS 279C.570 and ORS 279C.600 to ORS 279C.625. The Owner shall reduce the moneys the Owner holds as retainage in an amount equal to the value of the surety bond and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570 (House Bill 4006, 82nd Oregon Legislative Assembly (2024))

E.5.1.3.2 Where the Owner has accepted the Contractor's election of option E.5.1.3.1 paragraph (a) or (b) above, Owner may recover from Contractor the additional costs incurred through such election by reducing Contractor's final payment.

E.5.1.3.3 Where the Owner has agreed to Contractor's request to deposit a surety bond under option E.5.1.3.1 (b), Contractor shall accept surety bonds from Subcontractors and suppliers on the project from which Contractor has withheld retainage. At any time before final payment, a Subcontractor may submit a surety bond to Contractor and request that the Contractor submit, in a manner provided under ORS 279C.560(7) (House Bill 4006, 82nd Oregon Legislative Assembly (2024)), a surety bond to Owner for the portion of the Contractor’s retainage that pertains to the Subcontractor. When a Contractor at a Subcontractor’s request obtains and submits to the Owner a surety bond under this subsection, the Contractor may withhold from payments to the Subcontractor an amount equivalent to the portion of the Contractor’s surety bond premium for which the Subcontractor is responsible. Contractor shall comply with all applicable requirements under ORS 279C.560(8), including subsection (b), regarding timely submission to Owner a

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surety bond after Subcontractor’s request, and subsection (e), regarding release of amounts held as retainage to Subcontractor after receipt of a surety bond (House Bill 4006, 82nd Oregon Legislative Assembly (2024)).

E.5.1.4 In accordance with the provisions of ORS 279C.560, if the Owner accepts bonds, securities or other instruments deposited as provided in paragraph (a) of subsection E.5.1.3, the Owner shall reduce the moneys held as retainage in an amount equal to the value of the bonds, securities and other instruments and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570.

E.5.1.5 The retainage held by Owner shall be included in and paid to the Contractor as part of the final payment of the

Contract Price. The Owner shall pay to Contractor interest at the rate of one and one-half percent per month on the final payment due Contractor, interest to commence thirty (30) Days after the Work under the Contract has been completed and accepted and to run until the date Contractor shall notify Owner in Writing when the Contractor considers the Work complete and Owner shall, within fifteen (15) Days after receiving the written notice, either accept the Work or notify the Contractor of Work yet to be performed on the Contract. If Owner does not, within the time allowed, notify the Contractor of Work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run thirty (30) Days after the end of the 15-Day period.

E.5.1.6 Contractor agrees that if Contractor elects to reserve retainage from any progress payment due to any

Subcontractor or supplier, such retainage shall not exceed five percent of the payment, and such retainage withheld from Subcontractors and suppliers shall be subject to, and the Contractor shall comply, with all applicable legal requirements, including but not limited to those in ORS Chapters 279C and 701, and 49 CFR 26.29.

E.5.2 As provided in Sections C.2.2 and C.2.3, additional withholding in the amount of 25% of amounts earned shall be withheld and released in accordance with ORS 279C.845(7) when the Contractor fails to file certified statements as required by Section C.2.1. Further, as provided in Section C.6.2, Agency may enforce a failure of Contractor to submit its monthly report under Section C.6.2.(d) as provided in ORS 279C.845(7), resulting in additional withholdings. (see ORS 279C.533(5)(b)).

SGC-19 Add the following Smoke-Free Workplace language at the end of Section F.1 USE OF PREMISES:

Under Oregon’s Indoor Clean Air Act all State of Oregon properties are smoke, aerosol and vapor free (ORS 433.835-870, effective January 1, 2016.) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment: Entrances; Exits; windows that open; and Ventilation intakes that serve an enclosed area.

SGC-20 Add the following at the end of Section F.2 PROTECTION OF WORKERS, PROPERTY, AND THE PUBLIC:

F.2.7 UTILITIES AND UTILITY FACILITIES (LOCATES): Contractor shall be responsible for locating any and all public or private utilities or utility facilities on the Project site prior to commencement of site work, including all costs associated with obtaining such locates. This requirement includes locates for both publicly and privately owned utilities at the Project site. Private locates must be performed at Camp Rilea, Rees Training Center (Umatilla), and Camp Withycombe.

This Project may be located within the Oregon Utility Notification Center area which is a notification system for notifying owners of utility facilities about Work being performed in the vicinity of their facilities. The utilities notification system telephone number is 811 (or 1 800 332 2344).

SGC-21 Add the following to SECTION F:

F.8 MATERIAL SALVAGE FOR DEMOLITION CONTRACTS: Pursuant to ORS 279C.510 the Contractor and all subcontractors involved in demolition work are required to salvage or recycle construction and demolition debris, if feasible and cost-effective. The Owner shall retain the right to salvage complete or parts of any item, equipment or materials that have been identified to be removed or demolished on this project. What the Owner does not retain the Contractor shall dispose of.”

“F.9 ASBESTOS ABATEMENT LICENSING REQUIREMENTS: If the work under this Contract involves an asbestos abatement project, Contractor must hold a license issued by the Department of Environmental Quality as required by ORS 468A.720. Contractor carrying out an asbestos abatement project shall be responsible for the safe and proper handling and delivery of waste that includes asbestos-containing material to a landfill authorized to receive such waste.

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SGC-22 Delete Section G.3 INSURANCE in its entirety and replace with the following:

INSURANCE REQUIREMENTS

Contractor shall obtain at Contractor’s expense the insurance specified in this General Condition prior to performing under this Contract. Contractor shall maintain such insurance it in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. All coverage must be primary and non-contributory with any other insurance and self-insurance with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention, and self-insurance, if any.

If Contractor maintains broader coverage and/or higher limits than the Agency requires or limits shown in this insurance requirement exhibit, Agency shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain Employers' Liability insurance coverage with limits not less than $1,000,000 each accident.

If Contractor is an employer subject to any other state’s workers’ compensation law, Contractor shall provide Workers’ Compensation Insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $1,000,000.

As applicable, Contractor shall obtain coverage to discharge all responsibilities and liabilities that arise out of or relate to the Jones Act with limits of no less than $5,000,000 and/or the Longshoremen’s and Harbor Workers’ Compensation Act.

Contractor shall require and ensure that each of its subcontractors complies with these requirements.

COMMERCIAL GENERAL LIABILITY

☒ REQUIRED ☐ NOT REQUIRED

Contractor shall provide Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent). This insurance must include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract and must have no limitation of coverage to designated premises, project, or operation. Coverage must be written on an occurrence basis in an amount of not less than $1,000,000_____ per occurrence and not less than $2,000,000____ annual aggregate limit.

AUTOMOBILE LIABILITY

☒ REQUIRED ☐ NOT REQUIRED

Contractor shall provide Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000__ for bodily injury and property damage.

This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability).

A. Automobile Liability Broadened Pollution Liability Coverage Endorsement

☐ REQUIRED ☒ NOT REQUIRED

If the Contractor is transporting any type of hazardous materials under the contract, then endorsements CA 99 48 or equivalent and MSC-90 (if the Contractor is a regulated motor carrier) are required on the Automobile Liability insurance coverage.

CONTRACTOR’S PROFESSIONAL LIABILITY

☐ REQUIRED ☒ NOT REQUIRED

Contractor shall provide Professional Liability insurance covering any damages caused by an error, omission or any negligent acts related to the work, including design services, to be provided under this Contract by the Contractor and Contractor’s subcontractors, agents, officers, or employees in an amount not less than $_________ per claim and not less than $_________ annual aggregate limit. If coverage is provided on a claims made basis, the retroactive date of the policy must be prior to the inception of the work and an extended reporting period equal to the statute of ultimate repose must be included in the Professional Liability insurance coverage.

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CONTRACTOR’S POLLUTION LIABILITY

☐ REQUIRED ☒ NOT REQUIRED

Contractor shall provide Contractor’s Pollution Liability Insurance covering Contractor’s or appropriate Subcontractor’s liability for bodily injury, property damage, loss of use of property, loss of value of property, government ordered cleanup costs, natural resource damage, environmental damage, and environmental or natural resource damage resulting from sudden, accidental and gradual pollution and related cleanup costs incurred by Contractor, or Subcontractor if the coverage is obtained by the Subcontractor, all arising out of the goods or materials delivered or services (including transportation risk) performed under this Contract is required. Coverage must be written on an occurrence basis with a per loss limit of no less than $_________ and not less than $_________ annual aggregate limit. Coverage must include the cost of defense and the cost of defense must be provided outside the coverage limits.

A. Asbestos Liability Endorsement

☐ REQUIRED ☒ NOT REQUIRED

The Contractor, or the Subcontractor, if the coverage is obtained by the Subcontractor, shall provide an Asbestos Liability endorsement to the pollution liability coverage. If an endorsement cannot be obtained, the Contractor or Subcontractor shall provide separate Asbestos Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the policy endorsed to state that the annual aggregate limit of liability must apply separately to the Contract.

B. Lead Liability Endorsement

☐ REQUIRED ☒ NOT REQUIRED

The Contractor, or the Subcontractor, if the coverage is obtained by the Subcontractor, shall provide a Lead Liability endorsement to the pollution liability coverage. If an endorsement cannot be obtained, the Contractor or Subcontractor shall provide separate Lead Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the separate policy endorsed to state that the annual aggregate limit of liability must apply separately to the Contract.

EXCESS/UMBRELLA INSURANCE

☐ REQUIRED ☒ NOT REQUIRED

Excess/Umbrella insurance coverage in the sum of $_________ must be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Automobile Liability, and Employers' Liability coverage. The amounts of insurance for the insurance required under this Contract, including this Excess/Umbrella insurance requirement, may be met by the Contractor obtaining coverage for the limits specified under each type of required insurance or by any combination of underlying, Excess and Umbrella limits so long as the total amount of insurance is not less than the limits specified for each type of required insurance added to the limit for this…