RFB_AttA-D~4.docx

Attachment A – Special Provisions

PROJECT NAME: ESB The Dalles ODOT Security Gate

SCOPE OF WORK: Installation of a new automatic electric gate system.

WORK LOCATION: Oregon Department of Transportation Maintenance Station, 3313 Bret Clodfelter Way # D, The Dalles, OR 97058.

PROJECT MANAGER:

Shane Johnson Shane.R.JOHNSON@odot.oregon.gov

APPLICABLE SPECIFICATIONS: The Specifications which are applicable to the work on this project are the 2021 edition of the “Oregon Standard Specifications for Construction”, which are by this reference incorporated herein. However, the provisions of Part 00100 – General Conditions are not incorporated herein unless expressly set forth in this ITB.

All numbered references in these Special Provisions shall be understood to refer to the Sections and subsections of the Standard Specifications bearing like numbers and to the Sections and subsections contained herein in their entirety.

Gate, Operator and Control System

Description

Scope - To provide all labor, equipment, and materials for the installation of a new automatic electric gate system at the Oregon Department of Transportation Maintenance Station in The Dalles, Oregon. Contractor shall install automatic electric sliding gate, operator and all parts thereof, to ODOT specifications and standards including but not limited to:

· Motorized gate operator and concrete mounting pedestal

· Two weatherproof keypads with access control reader, reader mounting post, concrete base, and all mounting hardware.

· All controls and electrical connections for a complete and operational automatic opening gate.

Materials

Provide all materials necessary to complete the work as specified and provide a fully operational automatic gate opening system.

Gate Operator: The gate operator shall be DKS 9024 Slide Gate Operator – 115/230 VAC, 1/2HP motor, with digital entry electric programmable keypads, or approved equal, for the 30-foot main gate opening. Operational system shall include a through beam photo eye, entrapment device, key switch for emergency responder access, 365 day timer, multi-code receiver, 2 - multi-code single button transmitters and be fully compatible with Agency’s Lenel card reader system.

Concrete: The concrete used is to be Commercial Grade Concrete uniform mixture having the following characteristics:

· Entrained Air – 4.0% to 7.0%

· Slump – 5 inches or less

· Compressive Strength – Minimum 3,000 psi at 28 days

· Temperature – Minimum 50o F to a maximum 90o F

Equipment

Provide equipment as necessary to complete the work as specified.

Construction

Install motorized electric gate operating system and gate. The gate shall be a galvanized, heavy commercial, bottom track sliding cantilever gate with a 30-foot opening. Gate to be mounted on three (3) new 6-5/8” OD steel gate posts installed inside of the existing fence. Install an additional 6-5/8” OD steel gate post mounted opposite for the gate to close against, installed inside of the existing fence. Contractor shall provide the appropriately sized concrete mounting pedestal for gate operator unit to be mounted on. Contractor shall review the site and existing fence to insure all automation components are compatible with the existing fence.

The gate controller shall have two weather-proof keypads with access control readers installed on the outside of the gate, one at 48” height and one at 76” height. The contractor shall submit keypad location proposal to the project manager for approval. Each keypad shall be HID 5355 or approved equal. Keypad and access control reader must be compatible with the Agency’s Lenel card reader system. Each keypad shall be illuminated either through the keys or by external illumination. The keypads shall have option for emergency services keyed entry. There shall be 2 bollards installed to protect the outside keypads. The bollards shall be 6” schedule 40 steel pipe or approved equal. The bollards shall be set in and filled with concrete. The bollards shall be painted yellow. (See Standard Drawing RD130)

The gate shall have an 8 foot x 12 foot free-exit loop installed and an 8 foot x 12 foot reversing safety loop installed. All loops are to have a loop layout drawing submitted and approved prior to installation of the loops. Patch and seal properly as needed once loops and associated wiring is completely installed. (See Standard Drawing TM475)

Power will be provide to the location of the disconnect by ODOT (120V, 20amp). The contractor shall include conductors from the disconnect to the operator and hookup of all electrical and control system needs. Conduit is in place from the disconnect to the gate operator location. The contractor shall complete all trenching, underground PVC conduit for the card reader, and all needed wiring per applicable codes to make the gate opener fully operational. Contractor shall review the site and verify existing conditions and measurements.

The contractor is expected to manually pothole to locate all existing marked utilities and facilities within the work area prior to starting any necessary underground work. The contractor shall notify all utilities using the one-call system. The contractor shall adjust conduit locations and electrical facilities to meet actual site conditions. The contractor is responsible for coordinating or performing repair or replacement of damaged utilities and any associated costs during the work.

Contractor shall remove and dispose of existing manual gates.

The contractor will be responsible for keeping the Project Manager informed of all activity throughout the term of this contract.

All materials and workmanship must pass the final inspection of the Project Manager prior to the issuance of payment.

Measurement

No measurement of work will be made for work performed under this Project. The accepted quantities of work performed under this project will be paid for the Contract lump sum amount for the accepted item “Gate Operator and Control System”.

Payment

The accepted quantities of Work performed under this section will be paid for at the Contract unit price, per unit of measurement, for the following items:

Pay Item Unit of Measure

(a) Gate, Operator and Control System……………………..…….Lump Sum

Payment will be payment in full for furnishing and placing all Materials, and for furnishing all Equipment, labor, and Incidentals to complete the Work as specified.

Attachment B – Sample Agreement Form

BIDDER INSTRUCTIONS: Do not submit this document with your bid. If you are the successful bidder, ODOT will fill in the blanks within this form and request your signature, which will represent your agreement to enter into a contract. PLEASE NOTE: There are some terms in this document that you will be agreeing to should you be awarded a contract; for instance, completion dates and liquidated damages. Please make sure you have read and understand this document before you submit a bid.

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT FORM

for the project

The Dalles Security Gate

Contract Number

Resulting from Request for Bids (“RFB”) No. 73000-00005659/35558

This Agreement (the “Agreement”), made by and between the State of Oregon, acting by and through the Department of Transportation, hereinafter called OWNER, and_____________________________________ hereinafter called CONTRACTOR, (collectively the “Parties”) shall become effective on the date this Agreement has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained, whichever is later. Unless otherwise defined in the in this Agreement or its attachments, 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.

CONTRACTOR, in consideration of the sum of $_____________________ (the “Contract Price”), to be paid to CONTRACTOR by OWNER in the manner and at the time hereinafter provided, and subject to the terms and conditions provided in the 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 understands and agrees that various Attachments to the RFB and other Contract Documents were not physically attached but were and are incorporated by reference and have the same force and effect as if fully set forth therein.

CONTRACTOR shall perform the Work for the Contract Price pursuant to the RFB identified above (including all Addenda thereto, if any), CONTRACTOR’S response to the RFB, and the following attachments to the RFB, which were posted in ORBuys as part of the RFB advertisement and are incorporated into the Contract by this reference:

The Contract Price includes: Bid item #1

2. Representatives.

Unless otherwise specified in the Contract Documents, OWNER designates the person listed below as its Authorized Representative in the administration of the Contract. The Owner’s Authorized Representative shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of OWNER. CONTRACTOR has named _______________________________________ its authorized representative to act on its behalf.

Owner’s Authorized Representative:

Shane Johnson 3313 Bret Clodfelter Way The Dalles, OR 97058 541-296-6219 Shane.R.Johnson@odot.oregon.gov

3. Contract Dates (See the General Conditions for definitions of Substantial and Final Completion):

4. Liquidated Damages.

Failure to achieve Substantial Completion by the time specified above for Substantial Completion will result in damage to OWNER. Since actual damage will be difficult to determine, it is agreed that CONTRACTOR shall pay to OWNER, not as a penalty but as liquidated damages, $100.00 per calendar day for each day elapsed in excess of the Substantial Completion date specified in Section 3 of this Agreement until Substantial Completion is achieved.

5. Integration.

THE CONTRACT DOCUMENTS CONSTITUTE 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 THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THE CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

In witness whereof, OWNER executes this Agreement and CONTRACTOR does execute the same as of the day and year indicated below.

CONTRACTOR’S INFORMATION:

CONTRACTOR’S DATA:

NAME & ADDRESS:

CONTACT INFORMATION:

CONTRACTOR’S CCB #: EXPIRATION DATE:

CONTRACTOR’S AUTHORIZED SIGNATURE:

Title Date

OWNER’S AUTHORIZED SIGNATURE:

Title Date

ATTACHMENT C – TERMS AND CONDITIONS

PREVAILING WAGE RATES (BOLI REQUIREMENTS)

The following requirements apply if the Contract Price exceeds $50,000:

The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates (“PWR”) and the required public works bond as outlined in Sections C.1, C.2 & G.2.3 of the General Conditions.

Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also 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 otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

This RFB and the resulting Contract are subject to the following Bureau of Labor and Industries (“BOLI”) wage rate requirements and the prevailing wage rates set forth in the following booklet, as amended, which while not physically attached, is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web site:

The “PREVAILING WAGE RATES for Public Works Contracts in Oregon” dated January 5, 2023 and as amended January 11, 2023.

These BOLI wage rates are available on line at:

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

The Work will take place in Wasco County, BOLI Region 9.

The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Bureau of Labor and Industries under the administrative rules of the Commissioner.

CONFLICT OF INTEREST:

ODOT’s Conflict of Interest Guidelines are available on ODOT’s website (see Guidance, Policy & Resources) and are incorporated into this Contract: http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx See Section C.1.4.

GENERAL CONDITIONS:

This RFB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, January 1, 2012 Edition (“General Conditions”) which, although not physically attached, is incorporated herein by reference as an Attachment with the same force and effect as though fully set forth herein:

http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

SUPPLEMENTAL GENERAL CONDITIONS:

The following supplements modify the General Conditions this project. Where a portion of the General Conditions is modified or deleted by these Supplemental General Conditions, the unaltered portions of the General Conditions shall remain in effect.

SGC-1 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.

SGC-2 Add the following after Section A.7 GOVERNMENT EMPLOYMENT STATUS:

A.8 TITLE VI NON-DISCRIMINATION PROVISIONS

During the performance of the Contract, Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

a. Compliance with Regulations: Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of the Contract.

b. Nondiscrimination: Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds or race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.

c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by 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 Contractor of Contractor’s obligations under the Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

d. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by ODOT, FHWA or the Federal Transit Administration (“FTA”) as appropriate, to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to ODOT, FHWA or FTA as appropriate, and shall set forth what efforts it has made to obtain the information.

e. Sanctions for Noncompliance: In the event of Contractor’s noncompliance with the nondiscrimination provisions of the Contract, ODOT shall impose such Contract sanctions as ODOT, FHWA or FTA may determine to be appropriate, including, but not limited to:

(i) Withholding of payments to Contractor under the Contract until Contractor complies, and/or

(ii) Cancellation, termination or suspension of the Contract, in whole or in part.

f. Incorporation of Provisions: Contractor shall include the provisions of paragraphs (a) through (e) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Contractor shall take such action with respect to any subcontract or procurement as ODOT of the federal government may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request ODOT, and, in addition, Contractor may request the United States to enter into such litigation to protect the interests of the United States.

SGC-3 Make the following revisions to Section B.5 COMPLIANCE WITH GOVERNMENT LAWS AND REGULATIONS:

· 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 business that a service-disabled veteran owns or an emerging small business, in the awarding of subcontracts.

· Add the following Section B.5.2(c):

(c) Compliance with ORS 279C.520 also includes (i) As required by ORS 279C.520, the Contractor must comply with ORS 652.220 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. The 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 for cause,.

(ii) The Contractor shall not prohibit any of its employees from discussing the employee’s rate of wage, salary, benefits and other compensation with another employee or another person, and shall 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 the following Section B.5.2(d):

(d) Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns 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.

SGC-4 Delete Section B.15 GOVERNING LAW in its entirety and replace with the following:

B.15 GOVERNING LAW. This 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-5 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 Agency 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-6 Section E.5 RETAINAGE is deleted in its entirety and replaced with the following:

E.5 RETAINAGE

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 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. As Work progresses, Owner may reduce the amount of the retainage and may eliminate retainage on any remaining monthly Contract payments after 50 percent of the Work under the Contract is completed if, in the Owner's opinion, such Work is progressing satisfactorily. Elimination or reduction of retainage shall be allowed only upon written application by the Contractor, which application shall include written approval of Contractor's surety; except that 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. Upon receipt of written application by the Contractor, Owner shall respond in writing within a reasonable time.

E.5.1.2 If retainage is withheld, unless the Contractor requests and the Owner accepts a form of retainage described in options (a) or (b) below, the Owner (except as otherwise provided below for a contract of $500,000 or less) will deposit the retainage in an interest-bearing escrow account as required by ORS 279C.570(2). The Contractor shall execute such documentation and instructions respecting the interest-bearing escrow account as the Owner may require to protect its interests, including but not limited to a provision that no funds may be paid from the account to anyone without the Owner’s advance written authorization. In accordance with the provisions of ORS 279C.560 and any applicable administrative rules, unless the Owner finds in writing that accepting bonds, securities or other instruments described in option (a) below or a security bond described in option (b) below poses an extraordinary risk that is not typically associated with the bond, security or instrument, the Owner will approve the Contractor’s written request:

(a) to be paid amounts which would otherwise have been retained from progress payments where Contractor has deposited acceptable bonds, securities or other instruments of equal value with Owner or in a custodial account or other mutually-agreed account satisfactory to Owner, with an approved bank or trust company 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. The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities and other instruments as the Owner may require to protect its interests. 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) that the Contractor be allowed, with the approval of the Owner, to deposit a surety bond for the benefit of Owner, in a form acceptable to Owner, in lieu of all or a portion of funds retained, or to be retained. 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.625.

Where the Owner has accepted the Contractor's election of option (a) or (b) above, or an interest-bearing account under ORS 279C.560(5) for a contract of $500,000 or less, Owner may recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment. Where the Owner has agreed to Contractor's request to deposit a surety bond under option (b), Contractor shall accept like bonds from Subcontractors and suppliers on the project from which Contractor has required retainage.

For a contract over $500,000, if 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 escrow account as stated above. For a contract of $500,000 or less, if the Contractor requests that the Agency deposit the retainage in an interest-bearing account under ORS 279C.560(5), the Owner will use an interest-bearing account (in a bank, savings bank, trust company or savings association) as provided under ORS 279C.560(5).

E.5.1.3 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.5.1.4 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.5.1.2, 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 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.

E.5.1.6 The Contractor shall comply with all applicable legal requirements for withholding and releasing retainage and for prompt payments, including but not limited to those in ORS Chapters 279C and 701, and 49 CFR 26.29.

E.5.2 As provided in subsections 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.

SGC-7 Add the following at the end of SECTION E PAYMENTS:

E.7 REPORT OF SUBCONTRACTORS PAID: Following each payment to Contractor, including final payment and any progress payments, Contractor shall submit to the Owner ODOT Form 734-2882, Paid Summary Report. Contractor shall complete and submit the form as specified in the form instructions, which are available online, along with the form at: http://www.oregon.gov/ODOT/Forms/2ODOT/2882.pdf

SGC-8 Amend the first sentence of Section G.2.1 as follows (deletions shown in strikethrough):

G.2.1 When the Contract Price is $100,000 or more (or $50,000 or more in the case of Contracts for highways, bridges and other transportation projects) the Contractor shall furnish and maintain in effect at all times during the Contract Period a performance bond in a sum equal to the Contract Price, and a separate payment bond also in a sum equal to the Contract Price.

SGC-9 Delete Section G.3 INSURANCE in its entirety and replace with the following:

G.3 INSURANCE

G.3.1 Contractor: The Contractor shall obtain the insurance specified below prior to the execution of the Contract. The Contractor shall maintain the insurance in full force at the Contractor’s expense throughout the duration of the Contract and all warranty periods that apply.

G.3.1.2 Subcontracting: If the Contractor specifies prior to the execution of the Contract that a Subcontractor will satisfy an insurance requirement, that is permitted to be satisfied by a Subcontractor, the Contractor shall obtain Owner approval of Subcontractor and Subcontractor’s insurance coverage(s), at least 35 Calendar Days prior to commencement of subcontracted work. After the Contractor receives Owner approval of the Subcontractor, the Contractor may contractually obligate the Subcontractor to obtain and maintain, at the Subcontractor's expense or at the Contractor's expense, the insurance permitted.

G.3.1.3 The Contractor shall require that all Subcontractors carry insurance coverage that the Contractor deems appropriate based on the risks of the subcontracted work. The Contractor shall obtain proof of the required insurance coverages, as applicable, from any Subcontractor providing services related to the Contract.

G.3.1.4 Neither the insurance provided by Subcontractor(s) nor any agreements Contractor or Subcontractor(s) may enter into shall place any limitation on the liability or indemnification obligations of the Contractor under applicable law or the Contract.

G.3.1.5 Insurance Provisions: The Contractor and Subcontractor(s), if any, shall obtain insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State and that are acceptable to Owner. Insurance coverage shall be primary and noncontributory with any other insurance and self-insurance, with the exception of Workers’ Compensation/Employer’s Liability. The Contractor, or appropriate Subcontractor, but not Owner, shall pay for all deductibles, self-insurance retentions and self-insurance, if any.

G.3.2 Workers' Compensation and Employer’s Liability:

G.3.2.1 All employers, including the Contractor and Subcontractor(s), if any, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers’ Compensation Insurance coverage, unless such employers meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer’s Liability Insurance with coverage limits of not less than $500,000 for each accident. Contractors who perform the Work without the assistance or labor of any employee need not obtain such coverage if the Contractor certifies so in writing. Contractor shall ensure that each of its Subcontractors complies with these requirements. The Contractor shall require proof of such Workers’ Compensation by receiving and keeping on file a certificate of insurance from each Subcontractor or anyone else directly employed by either the Contractor or its Subcontractors.

G.3.2.2 All employers, including the Contractor and Subcontractor(s), if any, exempt under ORS 656.126(2) and subject to any other state’s Workers’ Compensation law, shall provide Workers’ Compensation Insurance coverage as required by applicable Workers’ Compensation laws. The coverage shall also include Employer’s Liability Insurance with limits not less than $500,000 each accident.

G.3.3 Liability Insurance:

G.3.3.1 Commercial General Liability: The Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance written on an occurrence basis and covering bodily injury and property damage. This insurance shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage. When Work to be performed includes operations or activity within 50 feet of any railroad property, bridge, trestle, track, roadbed, tunnel, underpass or crossing, the Contractor shall provide the Contractual Liability – Railroads CG 24 17 endorsement, or equivalent, on the Commercial General Liability policy. Combined single limit per occurrence shall not be less than the dollar amount specified in the Contract. . The annual aggregate limit shall not be less than the dollar amount specified in the Contract.

G.3.3.2 Commercial Automobile Liability: The Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Automobile Liability Insurance covering owned, non-owned, and hired vehicles for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance with separate limits for Commercial Automobile Liability and Commercial General Liability. Combined single limit per occurrence shall not be less than the dollar amount specified in the Contract..

Combined Single Limit Per Occurrence

G.3.3.3 Extended Reporting: If any of the required liability insurance is permitted to be and is on a "claims made" basis, the Contractor or Subcontractor who provided the insurance coverage, shall obtain an extended reporting period on the claims made policy or maintain the claims made policy for a duration of at least 24 months from the date the applicable work has been completed and accepted by Owner or the date of Final Completion. This extended reporting requirement shall be satisfied with documentation of one of the following:

· Extended Reporting Endorsement;

· Tail Coverage; or

· Maintaining the applicable continuous claims made policy with liability coverage.

G.3.3.4 Excess/Umbrella Liability: A combination of primary and Excess/Umbrella Insurance may be used to meet the required limits of insurance. Excess/Umbrella coverage must be at least as broad as that provided by the underlying primary insurance policies. In addition, the limits of the underlying primary insurance must be sufficient to prevent any gap between such minimum limits and the attachment point of the coverage provided by the Excess/Umbrella Liability policy.

G.3.3.5 Additional Insured: The liability insurance coverages, except Professional Liability and Workers’ Compensation/Employer’s Liability, if included, shall include an Additional Insured Endorsement specifying the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents, and employees” as Additional Insureds, but only with respect to the Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The liability coverages that are permitted by Owner to be obtained by an appropriate Subcontractor shall include all of the foregoing as Additional Insureds and shall also include the Contractor and its officers and employees as Additional Insureds.

G.3.3.6 Additional Insured – Commercial General Liability: Additional Insured Endorsements on the Commercial General Liability shall be written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO Form CG 20 37 07 04, or equivalent, with respect to liability arising out of completed operations. Additional Insured Endorsements shall be submitted with the Certificate(s) of Insurance and must be acceptable to Owner.

G.3.3.7 Notice of Cancellation or Change: The Contractor shall provide at least 30 Calendar Days written notice to Owner before cancellation of, material change to, potential exhaustion of aggregate limits, or non-renewal of the required insurance coverages. If a Subcontractor is providing insurance to meet the contract requirements, the Contractor shall provide at least 30 Calendar Days written notice to Owner before cancellation of, material change to, potential exhaustion of aggregate limits, or non-renewal of the required insurance coverage(s). Any failure to comply with the reporting provisions of this insurance shall not affect the coverage(s) provided to the State, Owner, County, City, or other applicable political jurisdiction or to Owner's governing body, board, or Commission and its members, and Owner's officers, agents, and employees.

G.3.3.8 Certificate(s) of Insurance: As evidence of the insurance coverages required by this Contract, the Contractor shall furnish Certificate(s) of Insurance to Owner prior to execution of the Contract. As evidence of insurance coverages required by the Contract but permitted by Owner to be obtained by an appropriate Subcontractor, the Contractor shall furnish Certificate(s) of Insurance to Owner for approval on such coverages at least 35 Calendar Days prior to commencement of subcontracted work. The Certificate(s) shall:

· List the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees” as an endorsed Additional Insured;

· Include all required endorsements or copies of the applicable policy language effecting coverage required by the Contract;

· Specify that all liability insurance coverages shall be primary and non-contributory with any other insurance and self-insurance, with exception of Professional Liability and Workers’ Compensation/Employer’s Liability; and

· Include a list of all policies that fall under the Excess/Umbrella Insurance if Excess or Umbrella Insurance is used to meet the minimum insurance requirement.

G.3.3.9 Owner Acceptance: All insurance and insurance providers are subject to Owner acceptance. If requested by Owner, the Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Owner’s representatives responsible for verification of the insurance coverages required by the Contract.

G.3.3.10 Insurance Requirement Review: The Contractor agrees to periodic review of insurance requirements by Owner under the Contract and to provide updated requirements as mutually agreed upon by the Contractor and Owner.

G.3.4 Builder’s Risk Insurance and Builder’s Risk Installation Floater (RESERVED – NOT REQUIRED FOR THIS PROJECT)

SGC-10 Add the following at the end of SECTION H.2 SCHEDULE:

H.2.2 The Project Work schedule is essential to the Owner. The Contractor’s failure to provide the schedule, schedule information, progress reports, or schedule updates when required will be cause to suspend the Work, or to withhold Contract payments as necessary to protect the Owner, until the Contractor provides the required information to the Owner’s Authorized Representative.

SGC-11 Add a new subsection to Section J.4.1 as subsection (f) and renumber existing subsection (f) as subsection (g) as follows:

(f) If Contractor has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon;

(g) If Contractor is otherwise in material breach of any part of the Contract.

SGC-12 Delete Section J.4.2 in its entirety and replace it with the following:

J.4.2 At any time that any of the above occurs, Owner may exercise all rights and remedies available to Owner at law or in equity, including, in the event of the conditions set forth in Section J.4.1 (f) regarding Contractor’s liquidated and delinquent debt, by offset or garnishing all monies due for any and all Work performed by the Contractor when appropriate, and otherwise recovering any liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon. In addition, Owner may take possession of the premises and of all materials and appliances and finish the Work by whatever method it may deem expedient. In such case, Contractor shall not be entitled to receive further payment until the Work is completed. If Owner’s cost of finishing the Work exceeds the unpaid balance of the Contract Price, Contractor shall pay the difference to the Owner.

SGC-13 Add the following at the beginning of SECTION K CONTRACT CLOSEOUT:

As a condition of final payment, Contractor shall complete and sign the Contract Closeout Checklist form provided by Owner. If accepted by Owner, Contractor’s delivery of the certification as required in K.3 of the Checklist will be deemed to be compliance with the requirements of Section K.3 below and Contractor’s delivery of the information required in K.7 of the Checklist will be deemed to be compliance with the requirements of Section K.7 below.

SGC-14 Delete Section K.4.1 and replace with the following:

K.4.1 Contractor shall provide Owner notice of Substantial Completion. The notice of Substantial Completion shall state the date of Substantial Completion, and shall be submitted to the Owner’s Authorized Representative. The notification may be communicated verbally to the Owner’s Authorized Representative, sent electronically via email, or sent as a hard copy in the mail. Upon receipt of notification of Substantial Completion, the Owner’s Authorized Representative will perform a final project inspection and provide the Contractor with the project Punchlist. Once all Punchlist items have been completed to the satisfaction of the Owner’s Authorized Representative, the Owner’s Authorized Representative will provide Contractor with a Contract Closeout Checklist form. Contractor shall complete and sign the form and submit it to the Owner’s Authorized Representative. The Owner’s Authorized Representative will provide the final signature on the form upon which date Final Completion shall take effect.

Attachment D

CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

Contract Number

Contract Name

Contractor

Owner Authorized Rep.

This checklist is intended to assist Agency and Contractor in complying with the Contract Closeout and Final Payment requirements in the General Conditions for Public Improvement Contracts, Sections K and E.6 : http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

Owner will mark “NA” by any requirement that is not applicable to the Contract. Contractor’s and Owner’s Authorized Representatives shall place their initials by each requirement listed below that has not been marked “NA” by Owner, and provide a signature at the end of the Checklist.

ODOT: Keep a copy of the signed form in the Contract Administration file. Email a copy to the ODOT Procurement Office. For ESB contracts, also email a copy to your Office of Civil Rights Field Coordinator.

initials

K.1 Record Documents submitted

K.2 O & M Manuals submitted

K.3 Certification/Release of Claims

By Contractor’s signature below, Contractor certifies and agrees to the following:

All Subcontractors and suppliers have been paid in full or will be paid in full out of the final payment, and in compliance with all prompt payment requirements. All disputes with property owners have been resolved, all obligations on the project have been satisfied, all monetary claims and indebtedness have been paid, and, to the best of the Contractor's knowledge, there are no claims of any kind outstanding against the project.

K.4 Completion notices submitted

Substantial Completion notice Date of substantial completion:

Final Completion notice Date of final completion:

K.5 Training sessions scheduled

K.6 Extra materials provided (List individually):

K.7. Environmental Clean-up:

Contractor hereby notifies Owner that all environmental cleanup that was performed as a part of this contract has been disposed of in accordance with all applicable rules, regulations, laws, and statutes of all agencies having jurisdiction over such environmental pollution.

K.8 Certificate of Occupancy received by Owner

K.9 Other Contractor Responsibilities (List individually):

E.6 Contractor’s final payment request submitted

Final payment request approved by Owner

CONTRACTOR’S AUTHORIZED REPRESENTATIVE:

Signature Date

OWNER’S AUTHORIZED REPRESENTATIVE:

Printed Name Title

Signature Date

Rev 1/4/2019