S Santiam Hatchery Roof Replacements Contract.pdf

OregonBuys S-635600-00007510 S Santiam Hatchery Residential Roof Replacements Engineering Project # 22-044

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

For

South Santiam Hatchery Residential Roof Replacements

CONTRACT # 835-329-23

This agreement for the “South Santiam Hatchery Residential Roof Replacements” (the "Agreement"), made by and between the State of Oregon, acting by and through its Department of Fish and Wildlife, hereinafter called Owner, and Triple C Contracting LLC hereinafter called the Contractor (collectively the “Parties”), is effective on the date this Agreement has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained. Unless otherwise defined in the Invitation to Bid or in this Agreement, the capitalized terms used herein are defined in Section A.1 of the State of Oregon General Conditions for Public Improvement Contracts.

WITNESSETH:

1. Contract Price, Contract Documents and Work.

The Contractor, in consideration of the sum of $00,000.00 (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 No. S-63500-00007510, this Public Improvement Agreement and other Contract Documents, and the applicable prevailing wage rates, 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:

All items listed in Exhibit 1 (Pricing Submittal Form)

2. Representatives.

Unless otherwise specified in the Contract Documents, the Owner designates Rocky Smith, Project Manager, as its Authorized Representative in the administration of this Contract. The above named individual shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of the Owner. Contractor has named _______as its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT COMPLETION DATES:

PROJECT START DATE: August 10, 2023

SUBSTANTIAL COMPLETION: August 28, 2023

FINAL COMPLETION: August 31, 2023

4. Liquidated Damages.

Contractor acknowledges that Contractor’s failure to complete the project known as the “South Santiam Hatchery Residential Roof Replacements” by the specified time will result in damage to the State of Oregon. Since actual damage will be difficult to determine, it is agreed that the Contractor shall pay to the State of Oregon, not as a penalty but as liquidated damages, $500 per calendar day for each day elapsed in excess of the Substantial Completion date as set forth in Section 3 of this Agreement.

5. The following Exhibits and Attachments are attached to this Contract or otherwise included in this Contract and are incorporated herein by this reference. Contractor must utilize and comply with these documents and requirements in its performance of this Contract. The versions of the Exhibits and Attachments set forth herein supplement and replace the versions included in the ITB.

Exhibits:

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 [RESERVED]

EXHIBIT 3 STATE OF OREGON PERFORMANCE BOND FORM

EXHIBIT 4 STATE OF OREGON PAYMENT BOND FORM

EXHIBIT 5 [RESERVED]

EXHIBIT 6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 8 [RESERVED]

EXHIBIT 9 [RESERVED]

Attachments:

ATTACHMENT A TECHNICAL SPECIFICATIONS

ATTACHMENT B PLANS AND DRAWINGS

Attachment incorporated from websites:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts; Prevailing Wage Rate Apprenticeship Rates. Available at:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

General Wage Determinations Issued Under the Davis-Bacon and Related Acts available at:

https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/xPWR%2 0Rate%20Book%20for%20January%205,%202023.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/Amendment%20 for%204.5.2023.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/Apprentice%20R ates%20for%20April%205,%202023%20Amendment.pdf

7. Certifications.

(a.) Non-Discrimination.

Contractor certifies, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a "protected class," as that term is defined by subsection 2(1)(b) of HB 3060 and 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) Debt.

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

(c) Construction Contractors Board. Contractor certifies that all subcontractors performing Work described in ORS 701.005(2) (i.e., construction Work) will be registered with the Oregon Construction Contractors Board or licensed by the Oregon State Landscape Contractors Board in accordance with ORS

701.035 to 701.055 before the subcontractors commence Work under the Contract.

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/xPWR%20Rate%20Book%20for%20January%205,%202023.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/xPWR%20Rate%20Book%20for%20January%205,%202023.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/Amendment%20for%204.5.2023.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/Amendment%20for%204.5.2023.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/Apprentice%20Rates%20for%20April%205,%202023%20Amendment.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/Apprentice%20Rates%20for%20April%205,%202023%20Amendment.pdf

(d) Build America, Buy America. Contractor acknowledges this Contract is subject to the requirements of the Build America, Buy America Act. under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

Contractor certifies it will comply with Build America, Buy America and the domestic content procurement preference requirements included therein by using for this Project all iron and steel produced in the United States, all manufactured products produced in the United States and all construction materials manufactured in the United States as defined under the Build America, Buy America Act.

Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

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

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

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

9. 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 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 THIS CONTRACT,

UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

In witness whereof, the State of Oregon, acting by and through the Department of Fish and Wildlife executes this Agreement and the Contractor does execute the same as of the day and year indicated above.

CONTRACTOR DATA:

CONTRACTOR NAME

CONTRACTOR ADDRESS

CITY, STATE, ZIP

CONTRACTOR'S CCB # ___________ Expiration Date:________

CONTRACTOR’S SIGNATURE

Date

State of Oregon by and through its DEPARTMENT OF FISH AND WILDLIFE

Ken Loffink, Administrative Services Division Administrator Date

Approved for legal sufficiency

N/A Assistant Attorney General Date

EXHIBIT 6

ITB S-63500-00007510

South Santiam Hatchery Residential Roof Replacements

State of Oregon General Conditions for Public Improvement Contracts

JANUARY 1, 2012

The State of Oregon General Conditions for Public Improvement Contracts dated January 1, 2012 (the “General Conditions”) are hereby incorporated by reference into this Contract.

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

Behind this page https://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

EXHIBIT 7

Supplemental General Conditions

For this ITB and resulting Contract, the following Supplemental General Conditions (“SGC”) modify the State of Oregon General Conditions for Public Improvement Contracts. 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 Edit Section A.1 Definition of Terms as follows:

Add - “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 Standard Specifications.”

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

Add - “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.”

Add - “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 Change Order.”

Modify - “SUBSTANTIAL COMPLETION”, add the following to the end of the SUBSTANTIAL COMPLETION paragraph: “For the purposes of this Contract, Substantial Completion is defined as, “ALL

WORK REQUIRED UNDER THIS CONTRACT EXCEPT FINAL CLEANUP AND DEMOBILIZATION.”

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 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-4 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.”

SGC-5 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 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 Owner 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.”

• Add the following Section B.5.2(e):

“(e) 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 (HB 3060, 2017) 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 replaced 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:

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-6 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-7 Add the following after Section D.3 CLAIMS REVIEW PROCESS

“D.4 FALSE CLAIMS

Section 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. In addition to the requirements of the Oregon False Claims Act the Contractor understands and acknowledges that it is subject to 31 U.S. Code § 3729 – (False Claims) and 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) and to any liabilities or penalties associated with the making of a false claim or statement under those laws. 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 Bid 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—

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

b. (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-8 Add a new subsection to Section E.2.4 as subsection (i) and existing subsections (g) and (h) of Section

E.2.4 are 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-9 Delete Section E.5 RETAINAGE in its entirety and replace 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 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 Notwithstanding E.5.1.4, for a contract of $500,000 or less, 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 (in a bank, savings bank, trust company or savings association) 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 Notwithstanding E.5.1.4, for a contract over $500,000, if retainage is withheld, the Owner 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.

E.5.1.4 In accordance with the provisions of ORS 279C.560and any applicable administrative rules, the

Contractor may request alternative forms of retainage. 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. 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

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.

(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, 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.

E.5.1.5 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.5.1.4, 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.5.1.6 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.5.1.7 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.”

SGC-10 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-11 Add the following at the end of Section F.2 PROTECTION OF WORKERS, PROPERTY, AND THE

PUBLIC:

“F.2.7 UTILITY FACILITIES: 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-12 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.”

SGC-13 Delete Section G.3 INSURANCE in its entirety and replace with the following:

“G.3 INSURANCE

G.3.1 Contractor shall obtain at Contractor’s expense the insurance specified in this Exhibit 7 prior to performing under this Contract. Contractor shall maintain it in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period, or continuous claims made coverage requirements, 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 are acceptable to Agency. All coverage shall 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 minimums shown in this insurance requirement section, Agency requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

G.3.2 Workers' Compensation: 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). Contractor shall require and ensure that each of its subcontractors complies with these requirements. 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 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

G.3.3 Builders Risk and Installation Floater

G.3.3.1 Builder’s Risk Insurance: During the term of this Contract, contractor shall maintain and keep in effect Builders Risk insurance in an amount of no less than the amount of the contract on a special form, including earthquake and flood, covering risks of physical loss or damage to the structure(s) including, without limitation, the transmission lines to the interconnected facilities, buildings, temporary structures, materials, supplies and equipment to be incorporated in the Work, and materials, supplies and equipment in transit and/or in an off-site storage location. For new construction, the contractor shall secure, be responsible for payment of premium, deductibles and any penalties associated with the policy. The policy shall include coverage for “soft costs” resulting from delay in construction. As applicable, such insurance shall cover all building(s), structures, facilities, or other improvements, as outlined in the contract, during construction and testing, and shall include the Owner, Design-Builder (if applicable), Consultants, Contractors, and Subcontractors, sub-subcontractors to the Project as insureds. Any deductible shall not exceed $50,000 for each loss, except the earthquake and flood deductible shall not exceed five (5) percent of each loss or $50,000, whichever is more. The policy shall be written on a replacement cost basis and shall contain an agreed amount endorsement waiving any coinsurance penalty. The policy shall include as loss payees the Owner, the Contractor and it Subcontractors as their interest may appear.

G.3.3.2 Builder’s Risk Partial Occupancy Endorsement: Contractor shall obtain and maintain a

Permission for Partial Occupancy endorsement if the building will be partially occupied at any time during construction.

G.3.3.3 Builder’s Risk Installation Floater Insurance: Contractor shall obtain and keep in effect during the term of this Contract, a Builder's Risk Installation Floater in an amount of no less than the amount of the contract for coverage of the materials and equipment to be used for completion of the Work performed under this Contract, including materials, supplies and equipment in transit and/or in an off-site storage location. This insurance shall include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear.

G.3.3.4 Builder’s Risk Period: Such insurance shall be maintained until the later of (a) final payment is made, or (b) no person or entity other than the Owner has an insurable interested in the covered property.

G.3.3.5 Builder’s Risk Losses: A loss insured under the Builder’s Risk and Builder’s Risk Installation Floater shall be adjusted by the Owner and made payable to the Owner for the insureds, as their interests may appear. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. The Owner shall have power to adjust and settle a loss with insurers.

G.3.4 Liability Insurance:

G.3.4.1 Commercial General Liability Insurance: Contractor shall provide Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent) and with coverage satisfactory to the State. This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract and shall have no limitation of coverage to designated premises, project, or operation. Coverage shall 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.

G.3.4.2 Automobile Liability Insurance: 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 $_________ 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).

G.3.4.3 RESERVED

G.3.5 Excess/Umbrella Insurance: Excess/umbrella insurance coverage in the sum of $4,000,000 shall 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 excess/umbrella insurance requirement.

G.3.6 All liability insurance, except for Workers’ Compensation and Professional Liability (if applicable), required under this Contract must include the State of Oregon, it’s officers, employees, and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

For Commercial General Liability, the Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 07 04 or equivalent.

G.3.7 Certificates and Proof of Insurance: Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract. The Certificate(s) shall list the State of Oregon, its officers, employees, and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) shall also include all required endorsements (or equivalent) or copies of the applicable policy language effecting coverage required by this Contract. The Certificate(s) shall also verify a waiver of subrogation provision in favor of the Owner is included in the Builder’s Risk and/or Builder’s Risk Installation Floater insurance policies and all other applicable insurance policies as allowed by law. If a Partial Occupancy endorsement is required under the Builder’ Risk and/or Builder’s Risk Installation Floater insurance policy, a copy of the endorsement must be provided with the Certificate. If a Contractor Pollution Liability coverage requirement includes an Asbestos Liability and/or Lead Liability endorsement(s), copies of the endorsement(s) must be provided with the Certificate. If the Contractor is transporting any hazardous material under this contract, copies of endorsements CA 99 48 or equivalent and MCS-90 (if applicable) must be included. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract.

G.3.8 Waiver of Subrogation: Contractor grants to Owner a waiver of any right to subrogation that the Contractor or its insurers may acquire against the Owner by virtue of the payment of any loss under any property insurance policy required under this Contract, including Builder’s Risk Insurance and Builder’s Risk Installation Floater Insurance. Contractor agrees to obtain from their insurer(s) any endorsements necessary to affect this waiver of subrogation.

G.3.9 Continuous Claims Made Coverage: If any of the required liability insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, then Contractor shall maintain continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of the Contract, for a minimum of 24 months following the later of:

(i) Contractor ’s completion and Agency’s acceptance of all Services required under the Contract, or

(ii) Agency or Contractor termination of this Contract, or

(iii) The expiration of all warranty periods provided under this Contract.

G.3.10 Notice of Change or Cancellation: The Contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

G.3.11 Insurance Requirement Review: Contractor agrees to periodic review of insurance requirements by

Agency under this agreement and to provide updated requirements as mutually agreed upon by Contractor and Agency.

G.3.12 State Acceptance: All insurance providers are subject to Agency acceptance. If requested by

Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents, and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Exhibit 7.”

SGC-14 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-15 Add a new subsection to Section J.4.1 as subsection (f) and existing subsection (f) of Section J.4.1 is re-numbered and revised to read as follows:

“(e) If Contractor should repeatedly fail to make prompt payment to Subcontractors or for material or labor, or should disregard laws, ordinances or the instructions of the Owner or its Authorized Representative.

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

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

SGC-16 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-17 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.”

EXHIBIT 8

RESERVED

ATTACHMENT A

TECHNICAL SPECIFICATIONS

Engineering Project 22-044

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ATTACHMENT B

PLANS AND DRAWINGS

Engineering Project 22-044

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