CLASS EXEMPTION
State of Oregon
Oregon Military Department
Invitation to Bid
Solicitation # 120065C001
Umatilla Building 77 Improvements, Hermiston, Oregon
Bid Closing date: September 20, 2012, 2:00 PM. PST
OMD Public Improvement ITB Template: AGENCY NOTE: Effective August 13, 2012, this ITB template has been reviewed by DOJ
and is approved for use under the OMD class exemption from legal sufficiency review for competitively bid public improvement
contracts under $3,000,000.
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Project Summary
ITB PURPOSE:
The purpose of the ITB is to establish a Contract for Umatilla Building 77 Improvements, Hermiston, Oregon for the
benefit of Oregon Military Department (OMD). The Work contemplated under this Contract includes all labor, materials,
transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with
the project described in the Contract Documents.
MANDATORY PRE-BID CONFERENCE:
A mandatory pre-bid conference will be held on September 13, 2012 at 11:00 AM (PST), located at Umatilla Depot, 78798 Ordinance
Road, Hermiston, Oregon 97838. Meet just inside the front entrance.
Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an Addendum
has been issued from the State Procurement Office and advertised on the ORPIN System.
BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE. BIDS WILL
ONLY BE EVALUATED FROM BIDDERS OR THEIR REPRESENTATIVE WHO REGISTERED AND ATTENDED THE MANDATORY
PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-RESPONSIVE.
SITE ACCESS: No additional site access will be provided.
PROJECT ESTIMATE:
The following range is a project estimate for bonding purposes only: $200,000.00 to $250,000.00.
PROJECT COMPLETION DATES:
PROJECT START DATE: 15 calendar days from issuance of Notice to Proceed
SUBSTANTIAL COMPLETION: 90 calendar days from issuance of Notice to Proceed
FINAL COMPLETION: 120 calendar days from issuance of Notice to Proceed
LIQUIDATED DAMAGES:
Liquidated damages will not apply to the contract resulting from this ITB.
PRICING SUBMITTAL INSTRUCTIONS:
Offerors shall enter pricing and other required information for all Bid Items listed in the Pricing Submittal Section Exhibit 1.
If the Pricing Submittal Section is replaced by Addendum then Offerors shall use the Addendum forms to provide pricing
and other required information.
If the Pricing Submittal Section is only modified by Addendum, then Offerors shall follow the instructions in the Solicitation
Addendum for making modifications to pricing Submittal Section.
Failure to supply the required information in the Pricing Submittal Section or subsequent Addendum may result in Bid
rejection as non-responsive.
ADDITIONAL INSTRUCTIONS TO BIDDERS:
PLEASE NOTE THE FOLLOWING:
1. PLEASE DO NOT SUBMIT YOUR OFFER ON THIS ITB INSTRUCTION FORM.
2. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS SOLICITATION.
PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE SUBMITTING YOUR OFFER.
3. THIS CONTRACT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED:
YES
NO
IF YES, OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:
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1. PROVIDE A DUNS (DATA UNIVERSAL NUMBERING SYSTEM) NUMBER ON YOUR OFFER:
IF YOU NEED TO OBTAIN A D-U-N-S NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA THE LINK
PROVIDED BELOW:
http://fedgov.dnb.com/webform
2. EXCLUDED PARTIES LIST (EPLS) SEARCH COMPLETED BY OMD:
THE CONTRACTOR MUST BE CLEARED (“NO RESULTS”) THROUGH THE EPLS SYSTEM TO BE ALLOWED
TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR INFORMATION CONCERNING EPLS YOU MAY
ACCESS THE WEBSITE VIA THE LINK PROVIDED BELOW:
https://www.epls.gov/epls/search.do
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ATTACHMENT A
Bidding Requirements & Instructions
For Public Improvement and Public Works Projects
SECTION A – TABLE OF CONTENTS
SECTION A
TABLE OF CONTENTS
SECTION B
DEFINITIONS
SECTION C
GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS
SECTION D
BID SECURITY REQUIREMENTS
SECTION E
PREVAILING WAGE RATES (BOLI REQUIREMENTS)
SECTION F
FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM
SECTION G
CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION
REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS;
AND JOINT VENTURE - PARTNERSHIP REQUIREMENTS
SECTION H
ADDENDA ACKNOWLEDGMENT
SECTION I
RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES
SECTION J
RECYCLED PRODUCTS
SECTION K
RESIDENCY INFORMATION
SECTION L
CERTIFICATION OF COMPLIANCE WITH TAX LAWS
SECTION M
CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS:
SECTION N
CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION
SECTION O
SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE
EXHIBIT 1
PRICING SUBMITTAL FORM
EXHIBIT 2
BID SECURITY FORM
EXHIBIT 3
PERFORMANCE BOND FORM
EXHIBIT 4
PAYMENT BOND FORM
EXHIBIT 5
SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM
EXHIBIT 6
GENERAL CONDITIONS
EXHIBIT 7
SUPPLEMENTAL GENERAL CONDITIONS
ATTACHMENT B STATEMENT OF WORK
ATTACHMENT C TECHNICAL SPECIFICATIONS
ATTACHMENT D PLANS/DRAWINGS
ATTACHMENT E DD FORM 1354 DRAFT
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SECTION B – DEFINITIONS
B.1 DEFINITIONS: Together with the Definitions found in
Section A.1 of the General Conditions, the following definitions
apply to this ITB and the resulting Contract.
B.1.1 "Addendum” means an addition or deletion to, a material
change in, or a clarification of, the ITB. Each Addendum shall
be labeled as such and shall be made available to all
interested Offerors in accordance with OAR 137-249-0250(2).
The plural form of “Addendum” is “Addenda.”
B.1.2 "Agency" means the Oregon Military Department (OMD).
B.1.3 "Bid" means the Offeror's written offer submitted in
response to the ITB, including all necessary attachments and
information required to be submitted prior to award. Bid also
means "Offer".
B.1.4 "Bidder" means an individual, organization or
representative of an organization that submits a Bid in
response to an ITB. Bidder also means "Offeror”.
B.1.5 "Closing" means the date and time set in the ITB for Bid
submission, after which Bids may not be submitted, modified,
or withdrawn by Bidder.
B.1.6 "DAS" means the Oregon Department of Administrative
Services, acting through the State Services Division, State
Procurement Office.
B.1.7 "Invitation to Bid" or "ITB" means all documents, whether
attached or incorporated by reference, and any Addenda
thereto, used for soliciting Bids.
B.1.8 "Opening" means the date/time set to read the Bid
submittals.
B.1.9 "Oregon Procurement Information Network" or "ORPIN"
means the on-line electronic Oregon Automated Procurement
System administered by the State Procurement Office. The
ORPIN System website is located at:
http://orpin.oregon.gov/open.dll/welcome
B.1.10 "Plan Center" means organizations and business
locations where Bidders may view, download or purchase
copies of all documents relating to the ITB.
B.1.11 "State" means the State of Oregon.
B.1.12 "State Procurement Office" or "SPO" means the office
of the State Services Division of the Oregon Department of
Administrative Services.
SECTION C - GENERAL BIDDING
INFORMATION/INSTRUCTIONS TO OFFERORS
C.1 GENERAL INFORMATION
C.1.0 MANDATORY PRE-BID CONFERENCE:
C.1.0.1 A mandatory pre-bid conference will be held on
September 13, 2012 at 11:00 AM (PST), located at Umatilla
Depot, 78798 Ordinance Road, Hermiston, Oregon 97838.
Meet just inside the front entrance..
C.1.0.2 Any statements made at this conference will not
change the Plans, Specifications or other Contract Documents
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unless an Addendum has been issued from the State
Procurement Office and advertised on the ORPIN System.
BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED
TO ATTEND THIS MANDATORY PRE-BID CONFERENCE.
BIDS WILL ONLY BE EVALUATED FROM BIDDERS OR
THEIR REPRESENTATIVE WHO REGISTERED AND
ATTENDED THE MANDATORY PRE-BID CONFERENCE,
AND ALL OTHER BIDS WILL BE CONSIDERED NONRESPONSIVE.
C.1.0.3 SITE ACCESS: No additional site access will be
provided.
C.1.1 POINT(S) OF CONTACT
C.1.1.1 The single contact point for questions regarding the
ITB, forms, Specifications, Plans, bidding process, change,
clarification, the award process, protests and any other issues
that may arise is Moya McKeehan, Contract Specialist 2 at
(503) 584-3178, fax (503) 584-3584 and e-mail
moya.l.mckeehan@us.army.mil.
C.1.1.2 The contact point for requests for brand approval or
substitution requests is Moya McKeehan, Contract Specialist
2 at (503) 584-3178, fax (503) 584-3584 and e-mail
moya.l.mckeehan@us.army.mil.
C.1.2. ENGINEER AND CONSULTANT INFORMATION
The following is a list of any engineers and consultants used
on this project. This list is for informational purposes only.
Offerors are prohibited from contacting these engineers and
consultants during the solicitation process, unless otherwise
authorized in this ITB.
N/A
C.1.3 INVITATION TO BID DOCUMENT
AVAILABILITY
C.1.3.1 ITBs, ADDENDA AND ATTACHMENTS: ITBs,
including all Addenda and most attachments, are posted on
ORPIN as part of the solicitation document and will not be
mailed to prospective Offerors. Offerors without access to
ORPIN may download copies at a Plan Center. Hard copy
documents are also available for purchase through OMD.
C.1.3.2 ATTACHMENTS: Some exhibits and attachments
cannot be viewed or downloaded through ORPIN. In these
cases, the solicitation will include instructions on how to obtain
these documents.
C.1.3.3 HARD COPY DOCUMENT FEES & DELIVERY:
Contact the Project Manager Scott Mansfield at 503-584-3511
to purchase hard copies of the procurement documents. All
documents will be sent by general delivery ground
transportation, upon receipt of payment (checks only made out
to OMD). Expedited deliveries would be at Offeror's own
expense. Costs for these documents are as follows, ITB
documents are $25.00, Plans & Specifications $35.00. All
charges are nonrefundable and must be paid in advance, exact
amount (checks only made out to OMD).
C.1.3.4 ADDENDA: Addenda are incorporated with the
original solicitation as an attachment and can be viewed and
downloaded by registered suppliers. Offerors should consult
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the ORPIN System regularly until Closing to avoid missing any
Addenda.
the applicable provisions of the above laws and rules. Copies
may be obtained as follows:
C.1.4 SUPPLIERS LIST
C.1.7.1 OREGON REVISED STATUES (ORS Chapters 279A
and 279C) - Can be obtained from Legislative Counsel
Committee, S101 State Capitol, Salem, OR 97310-0630.
Phone (503) 378-8146, or on line at:
http://www.leg.state.or.us/ors/home.html
To be listed on the suppliers list, interested parties must be
registered on ORPIN. Suppliers can register in ORPIN at:
orpin.oregon.gov
Interested parties who download ITB documents from ORPIN
will automatically be added to the suppliers list.
Interested parties who obtain the ITB documents from other
means may add themselves to the suppliers list on ORPIN.
Interested parties who have entered their company on ORPIN
are responsible for making sure information is correct and
accurate. The State of Oregon assumes no responsibility for
the content of the interested parties’ information shown on
ORPIN.
C.1.5 PLAN CENTERS
The ITB document, Plans, Specifications, and any other
solicitation documents may be examined at the Oregon Military
Department, 1776 Militia Way SE Salem, Oregon 97301 or by
going to ORPIN at: orpin.oregon.gov. In order to examine the
documents at OMD, Bidders must contact the Point of Contact
referenced in Section C.1.1 to schedule an appointment.
OMD is not responsible for incomplete documents obtained
from plan centers. To obtain an official complete set of ITB
documents log on to the ORPIN website at: orpin.oregon.gov.
NOTE: OFFERORS WHO OBTAIN ITB DOCUMENTS,
PLANS AND SPECIFICATIONS FROM PLAN CENTERS
WILL NOT APPEAR ON THE SUPPLIERS LIST. See Section
C.1.4.
C.1.6 TRADE SECRETS
Any information Offeror submits in response to the ITB that
Offeror considers a trade secret under ORS 192.501(2) or
confidential proprietary information, and that Offeror wishes to
protect from public disclosure, must be clearly labeled with the
following: "This information constitutes a trade secret under
ORS 192.501(2) or confidential proprietary information, and is
not to be disclosed except in accordance with the Oregon
Public Records Law, ORS Chapter 192." Offerors are
cautioned that price information submitted in response to an
ITB is generally not considered a trade secret under the
Oregon Public Records Law. Further, information submitted by
Offerors that is already in the public domain is not protected.
The State shall not be liable for disclosure or release of
information when authorized or required by law or court order
to do so. The State shall also be immune from liability for
disclosure or release of information under the circumstances
set out in ORS 646.473(3).
C.1.7 SOLICITATION LAW, RULES AND GENERAL
CONDITIONS
This ITB and the resulting Contract are governed by Oregon
Law. Specific laws and rules that govern the solicitation
process are found in Chapters 279A and 279C of the Oregon
Revised Statues, and Chapter 137, Divisions 046 and 049 of
the Administrative Rules of the Oregon Department of Justice.
The ITB and resulting Contract may be subject to other laws
and rules. Offerors should obtain and become acquainted with
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C.1.7.2 OREGON DEPARTMENT OF JUSTICE
ADMINISTRATIVE RULES - (OAR Chapter 137, Divisions 046
and 049) - Can be obtained from the Department of Justice,
Publications Center, 16 Justice Building, Salem, OR 97310.
Phone (503) 378-2663 or on line at:
http://arcweb.sos.state.or.us/banners/rules.htm
C.1.7.3 In addition to the foregoing, this solicitation and the
Contract are governed by the STATE OF OREGON GENERAL
CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS,
"General Conditions" dated January 1, 2012, which are
incorporated herein by reference. See Exhibit 6.
C.1.8 BRAND NAME USAGE
C.1.8.1 BRAND NAME: Any brand name listed in the
specifications without an "or equal" "or approved equal" shall
establish the minimum requirements for quality, utility,
durability, function, and purpose. Other brand names may be
used in the construction of the project as long as they are
equal to or better than the product brand named, and the brand
named listed is not mandated pursuant to a brand name
exemption.
C.1.8.2 BRAND NAME "OR EQUAL": Any brand name listed in
the specifications with an "or equal" shall establish the
minimum requirements for quality, utility, durability, function,
and purpose. Other brand names may be used in the
construction of the project as long as they are equal to or
better than the product brand named and the brand named is
not mandated pursuant to a brand name exemption.
The Owner’s Authorized Representative shall determine, in its
sole discretion, whether a product offered is "or equal".
C.1.8.3 BRAND NAME "OR APPROVED EQUAL": Any brand
name listed in the specifications with an "or approved equal" or
an “or approved equivalent” shall establish the minimum
requirements for quality, utility, durability, function, and
purpose. Other brand names may be used in the construction
of the project as long as they are equal to or better than the
product brand named, and the product has been pre-approved
in writing during the bidding process detailed in Section C.2,
and the brand named is not mandated pursuant to a brand
name exemption.
OMD shall determine, in its sole discretion, whether a product
offered is "or approved equal".
C.2 SOLICITATION PROTEST; REQUEST FOR
CHANGE; REQUEST FOR CLARIFICATION;
REQUEST FOR BRAND NAME / PRODUCT
SUBSTITUTION
C.2.1 PROCEDURE: The appropriate means of seeking
clarifications or modifications to provisions of an ITB are
through (a) requests for approval of an "or approved equal" or
an "or approved equivalent"; (b) requests for clarification; (c)
formal submittal of requests for changes to contractual terms
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or Specifications or Plans; and (d) formal submittal of protests
of contractual terms or Specifications or Plans. Any Bid
response that includes non-approved alternate product brands
where approval is required, or that takes exception to the
Specifications or Plans or contractual terms of the ITB may be
deemed non-responsive and may be rejected.
C.2.2 METHOD OF SUBMITTING REQUESTS FOR
MODIFICATION OF ITB PROVISIONS: Envelopes containing
requests for brand approval, requests for substitution, requests
for clarification, requests for change, and Bid protests shall be
marked as follows:
Bid Request for:
Brand Approval/Request for Substitution/Request for
Clarification/Request Change/Protest
Attn: Moya McKeehan, Contract Specialist 2
ORPIN Number and ITB Number
Closing Date & Time
and must be received by the appropriate point of contact
identified in Section C.1.1 by 5:00 P.M. (Pacific time) on
September 13, 2012. Unless this specific deadline is
extended by subsequent Addenda, no requests for brand
approval, requests for substitution, requests for clarification,
requests for change or protests pertaining to provisions
contained in the originally-issued ITB will be considered after
the date specified herein.
C.2.3 REQUEST FOR APPROVAL OF AN "OR APPROVED
EQUAL" OR AN "OR APPROVED EQUIVALENT": Pursuant to
Section C.1.8.3, Offerors shall provide that product unless
another is approved through a request for approval of an "or
approved equal" or an "or approved equivalent”, or a product
exemption has been issued (ORS 279C.345). Other brands of
equal quality, merit and utility will be considered upon proper
submittal of the request with appropriate documentation.
Requests shall be made in writing and be submitted to the
Point of Contact identified in Section C.1.1.2 of the ITB
document. To be considered, the request for changes must be
received by the deadline specified in C.2.2.

Requests shall provide all the information necessary for
the State to determine product acceptability.

Failure to provide sufficient information with the request
shall be cause for the request not to be considered as
equivalent.

Any product subsequently approved for substitution shall
be listed on an Addendum issued by OMD and posted on
ORPIN.
C.2.4 REQUEST FOR CLARIFICATION: Any Offeror that finds
discrepancies in, or omissions from any provision of the ITB,
Plans, Specifications, or Contract Documents, or has doubt as
to the meaning, shall make a request for clarification in writing,
to the contact point listed in Section C.1.1.1. To be considered,
the request for clarification must be received by OMD by the
deadline specified in Section C.2.2.
C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL
TERMS OR SPECIFICATIONS OR PLANS: Any Offeror may
submit a request for changes to contractual terms, Plans, or
Specifications, in writing, to the contact point listed in Section
C.1.1.1. To be considered, the request for changes must be
received by OMD by the deadline specified in Section C.2.2.
The request shall include the reason for requested changes,
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supported by factual documentation, and any proposed
changes.
C.2.6 PROTEST OF CONTRACTUAL TERMS, PLANS, OR
SPECIFICATIONS: Any Offeror who believes contractual
terms, Plans, or Specifications are unnecessarily restrictive or
limit competition may submit a protest, in writing, to the contact
point listed in Section C.1.1.1. To be considered, the protest
must be received by OMD by the deadline specified in Section
C.2.2. The protest shall include the legal and factual grounds
for the protest, a description of the resulting prejudice to the
Offeror if the protest is not granted, and any proposed
changes.
C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION:
Clarifications, whether verbal, in writing, or included in an
Addendum as a "clarification," do not change Plans,
Specifications, contractual terms, or procurement requirements
of an ITB. If a request for clarification raises an issue that
OMD determines should be handled by formally amending the
ITB, OMD will do so only by announcing such a change in an
Addendum, not through information identified as a
"clarification."
C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL,
REQUESTS FOR SUBSTITUTION, REQUESTS FOR
CHANGE AND PROTESTS: OMD shall promptly respond to
each properly submitted written request for brand approval,
request for substitution, request for change, and protest.
Where appropriate, OMD will issue ITB revisions via Addenda
posted on the ORPIN System. OMD may also informally
respond to Offeror questions.
HOWEVER, INFORMAL RESPONSES DO NOT AFFECT
THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS,
CONTRACTUAL TERMS, AND PROCUREMENT
REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED
VIA ADDENDA ISSUED BY OMD AND POSTED ON THE
ORPIN SYSTEM.
C.3 PROTEST OF ADDENDA
Requests for clarification, requests for change, and protests of
Addenda must be received by the time and date specified in
the Addendum or they will not be considered. OMD will not
consider requests or protests of matters not added or modified
by the Addendum.
C.4 OFFER FORMAT
C.4.1 SIGNATURE IN INK REQUIRED: All Offer documents
requiring signature must be signed in blue or black ink by an
authorized representative of the Offeror.
C.4.2 IN WRITING: Offers and pricing information shall be
prepared by typewriter, ink or by computer, but must be signed
in ink by an authorized representative of the Offeror. No oral,
telegraphic, telephone, e-mail or facsimile Bids will be
accepted.
C.4.3 FORMS TO BE USED: Required information shall be
submitted on the forms specified in the ITB. Any information
Offeror submits that is not required to be included on forms
prescribed by OMD shall be formatted in the manner called for
in the ITB and submitted on Offeror's letterhead.
C.4.4 INFORMATION TO BE SUBMITTED WITH THE
OFFER: The items listed below in this section shall be
submitted or the Offer shall be found to be non-responsive.
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The following shall be submitted prior to Closing:
OMD shall not be responsible for the proper handling of any
Offer not properly identified, marked and submitted in a timely
manner.



C.6 OFFER WITHDRAWALS PRIOR TO CLOSING





Pricing Submittal Section, Exhibit 1;
Bid Security Requirements as per Section D;
Construction Contractors Board (CCB) Registration
Requirements; Asbestos Abatement Licensing
Requirements, & Joint Venture - Partnership Declaration,
Section G;
Addenda Acknowledgement; Section H;
Responsibility Inquiry & Contractor References; ESB
Utilization, Section I;
Residency Information, Section K;
Signature of Bidder's Duly Authorized Representative,
Section N;
Addenda (If required)
The following shall be submitted either with the Bid submission
or within two (2) working hours after the Closing:

First Tier Subcontractor Disclosure Form, Section F
C.4.5 BID MODIFICATION PRIOR TO CLOSING: Alterations
and erasures made before Offer submission must EACH be
INDIVIDUALLY initialed in ink by the person signing the Offer.
Offers, once submitted, may be modified in writing before
Closing. Modifications made after Offer submission shall be
prepared on Offeror's letterhead, be signed by an authorized
representative, and state that the modifications amend and
supersede the prior Offer. Failure to comply with the provisions
of this paragraph of Section C.4.5 will result in Bid rejection.
C.4.5.1 Nothing in Section C.4.5 shall be construed as allowing
the Offeror to alter or otherwise change the form of the Bid, the
form of the Contract, the conditions of the Bid, or the
Specifications or Plans attached to the Bid documents.
C.4.5.2 Modifications must be submitted in a sealed envelope
marked as follows:
Bid Modification
Attn: Moya McKeehan, Contract Specialist 2
ORPIN Number and ITB Number
Closing Date & Time
C.4.5.3 Offerors may not modify Offers after Closing.
C.5 OFFER SUBMISSION
C.5.1 NUMBER OF COPIES; SIGNATURE REQUIRED:
Offerors shall submit a total of two (2) copies of the Offer. At
least one Offer submitted by Offeror must bear an original
signature. Failure to submit an Offer bearing an original
signature will result in rejection of the Bid.
C.5.2 SEALED ENVELOPE; ADDRESS AND COVER
INFORMATION: Offers shall be submitted in sealed packages
or envelopes. To ensure proper identification and handling, all
packages and envelopes shall be clearly marked as follows:
ORPIN Number and ITB Number
Closing Date & Time
OREGON MILITARY DEPARTMENT
AGI-Attn: Moya McKeehan, Contract Specialist 2
PO Box 14350, Salem, Oregon 97309
1776 Militia Way SE, Salem, Oregon 97301
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C.6.1 IN WRITING: Offers may be withdrawn in writing when
submitted on Offeror's letterhead, signed by an authorized
representative, and received by OMD prior to Closing. Offer
withdrawals submitted in writing must be labeled as such and
contain the ITB number.
C.6.2 IN PERSON: Offers may also be withdrawn in person
before Closing upon presentation of appropriate identification
and evidence of authorization to act for Offeror. Signature
confirmation of withdrawal may also be required.
C.7 CLOSING & OPENING / FIRST TIER SUBMITTAL
C.7.1 CLOSING: Offers must be received and date/time
stamped by the Oregon Military Department prior to the
Closing date/time. Offers will not be accepted after the Closing
date/time stated on page one (1) of this ITB or as may be
extended by any subsequently issued Addenda. Facsimile
Offers will not be allowed or accepted. Failure to comply with
this requirement will result in rejection of the Offer as nonresponsive.
Offers will be publicly opened and read at the Opening at the
Closing date/time specified on page one (1) of the ITB, at the
Oregon Military Department, Installations Division 1776 Militia
Way SE Salem, Oregon 97301. Only the name of the
Offeror(s) and the total cost will be read at the opening. It is
optional for Offerors to attend Opening. Award decisions will
not be made at Opening. Bids received after the date/time for
Closing will not be considered for award.
C.7.2 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM:
First tier subcontractor disclosure forms must be returned
within two working hours after the Closing in a sealed
envelope, at the Oregon Military Department, Installations
Division, 1776 Militia Way SE Salem, Oregon 97301, attn:
Contract Specialist Moya McKeehan. Failure to comply with
this requirement will result in rejection of the Offer as nonresponsive.
C.8 PRELIMINARY BID RESULTS
Prior to the Intent to Award Announcement, OMD may post
preliminary bid results on the ORPIN System. Such postings
may not be correct and are not final.
C.9 TIME FOR OFFER ACCEPTANCE
An Offeror's Offer is a firm Offer, irrevocable, valid and binding
on the Offeror for not less than ninety (90) calendar days from
the Closing date.
C.10 EXTENSION OF TIME FOR OFFER
ACCEPTANCE
OMD may request, orally or in writing, that Offerors extend, in
writing, the time during which OMD may consider their Offer(s).
If an Offeror agrees to such extension, the Offer shall continue
as a firm Offer, irrevocable, valid and binding on the Offeror for
the agreed-upon extension period.
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C.11 METHOD OF AWARD
The responsiveness and responsibility of Offerors and of their
proposed subcontractors will be considered in making the
award.
C.11.1 METHOD OF BID AWARD: Award will be made to the
responsive and responsible Bidder submitting the lowest total
for the BASE BID and ALTERNATES selected for award. The
State reserves the right to award any or all ALTERNATES
listed, and to reject all Bids.
C.12 SUBSTANTIAL COMPLIANCE REQUIRED
Offers not in substantial compliance with ITB requirements
cannot be considered, and cannot be supplemented by
submissions delivered after Closing. However, OMD may
waive minor informalities and irregularities, and may seek
clarification of any response that, in its sole discretion, it deems
necessary or advisable.
C.13 OFFER EVALUATION CRITERIA
Offers will be evaluated to identify the lowest responsive Offer
submitted by a responsible Offeror and not otherwise
disqualified. (Refer to OAR 137-049-0390). Adjustments made
to account for reciprocal preferences will be for Offer
evaluation purposes only. No such adjustments shall operate
to amend Offeror's Offer or any Contract awarded pursuant
thereto.
C.13.1 RESPONSIVENESS: To be considered responsive, the
Offeror must substantially comply in all material respects with
applicable solicitation procedures and requirements and the
solicitation documents. In making such evaluation, OMD may
waive minor informalities and irregularities.
C.13.2 RESPONSIBILITY: Prior to award of a Contract, OMD
will evaluate whether the apparent successful Offeror meets
the applicable standards of responsibility identified in OAR
137-049-0390. In doing so, OMD may investigate Offeror and
request information in addition to that already required in the
ITB, when OMD, in its sole discretion, considers it necessary
or advisable.
C.13.3 OREGON PREFERENCE: Awards shall be subject to
preference for products produced or manufactured in Oregon,
if price, fitness and quality are equal; and, solely for the
purpose of evaluating Bids, OMD will add a percent increase to
the Bid of a non-resident Bidder equal to the percent, if any, of
the preference given to the Bidder in the state in which the
Bidder resides. For example, if the Offeror is from a state that
grants a ten (10) percent preference to local Offerors, OMD will
add ten (10) percent to that Offeror's Offer price (OAR 137046-0300, 137-046-0310, and 137-049-0390).
C.14 PROCESSING OF BIDS
Neither the release of a Bid Security, nor acknowledgment that
the selection process is complete (whether by posting of a Bid
tabulation sheet, issuance of notice intent to award, or
otherwise), shall operate as a representation by OMD that any
Offer submitted was complete, sufficient, lawful in any respect,
or otherwise in substantial compliance with the ITB
requirements.
C.15 WITHDRAWAL BY OMD OF BID ITEMS PRIOR
TO AWARD
4/12 version
OMD reserves the right to delete Bid items. The deletion of
one or more Bid items will not affect the method of award.
C.16 REJECTION OF OFFERS
C.16.1 REJECTION OF ALL OFFERS: OMD may reject all
Offers for good cause upon its finding that it is in the public
interest to do so.
C.16.2 REJECTION OF PARTICULAR OFFERS: OMD may
reject a particular Offer for any of the reasons listed under
OAR 137-049-0440.
C.17 INTENT-TO-AWARD ANNOUNCEMENT
OMD reserves the right to announce its intent to award prior to
formal Contract award by posting the tabulation sheet of Bid
results on the ORPIN System, or by letter, fax or email ("Intentto-Award Announcement"). The Intent-to-Award
Announcement shall serve as notice to all Offerors that OMD
intends to make an award.
C.18 PROTEST OF INTENT TO AWARD
Adversely-affected or aggrieved Offerors shall have seven (7)
calendar days from the date of the Intent-to-Award
Announcement within which to file a written protest. Protests
submitted after that date will not be considered. Protests must
specify the grounds upon which the protest is based. Submit
written protests to:
Oregon Military Department
Installations Division
PO Box 14350 Salem, Oregon 97309
1776 Militia Way SE Salem, Oregon 97301
ATTN: Contract Specialist Moya McKeehan.
C.18.1 In order to be an adversely affected or aggrieved
Offeror, the Offeror must claim to be eligible for award of the
Contract as the lowest responsible and responsive Offeror and
that any and all lower Offerors are ineligible to receive Contract
award.
C.18.2 An actual Offeror who is adversely affected or
aggrieved by the award of the Contract to another Offeror may
protest award, in writing, within the timeline established. The
written protest shall state the grounds upon which the protest is
based. No protest of award shall be considered after the
deadline.
C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS
OMD will respond in writing to intent-to-award protests
submitted by adversely-affected or aggrieved Offerors. OMD
may also respond to intent-to-award protests submitted by
other Offerors for purposes of clarification. However, any
response provided by OMD is not intended to, and shall not in
and of itself constitute, confirmation that the Offeror is, in fact,
adversely affected or aggrieved, and therefore entitled to
protest an intent to award, or that the protest was timely filed.
C.20 AWARD
After expiration of the intent-to-award protest period, and
resolution of all protests, OMD will proceed with final award. (If
OMD receives only one Bid, OMD may dispense with the
intent-to-award protest period and proceed with award of a
Contract.)
Page 9 of 64
C.21 COMMENCEMENT OF WORK
Contractor shall not commence Work under the Contract until
the Notice to Proceed has been issued.
notices and communications under the Contract. All partners
and joint venturers will be required to sign the Contract
awarded.
SECTION D BID SECURITY REQUIREMENTS
C.22 REVIEW OF AWARDED BID FILES
Awarded Bid files are public records and available for review at
the Oregon Military Department Installations Division office by
appointment only with Moya McKeehan, Contract Specialist
during regular business hours (Monday through Friday 8:00am
till 4:00pm).
C.23 INFORMATION TO BE SUBMITTED BY THE
APPARENT SUCCESSFUL OFFEROR
C.23.1 INSURANCE: The apparent successful Offeror shall
provide all required proofs of insurance to OMD within seven
(7) calendar days of notification of intent to award. Failure to
present the required documents within this period may result in
Offer rejection. Offerors are encouraged to consult their
insurance agent(s) about the insurance requirements as
identified in Section G.3 of the General Conditions and the
Supplemental General Conditions in Exhibit 7 prior to Offer
submission.
Offerors must satisfy these insurance requirements by
obtaining insurance coverage from insurance companies or
entities acceptable to State that are allowed to provide such
insurance under Oregon law. Eligible insurers include admitted
insurers that have been issued a certificate of authority from
the Oregon Department of Consumer and Business Services
authorizing them to do an insurance business in the State of
Oregon, and certain nonadmitted surplus lines insurers that
satisfy the requirements of applicable Oregon law and are
approved by OMD. OMD’s approval will be based on its
assessment of the nonadmitted surplus lines insurer and the
suitability of surplus lines insurance for this particular
procurement.
C.23.2 PERFORMANCE BOND and PAYMENT BOND: The
successful Offeror shall be required to furnish a Performance
Bond and a Payment Bond each in the total amount (100%) of
the awarded Contract, executed in favor of the State of
Oregon, to ensure faithful performance of the Contract and
payment for services and goods.
NOTE: THE OMD PROVIDED PERFORMANCE AND
PAYMENT BOND FORMS ARE THE FORMS
APPROVED AND REQUIRED TO BE USED FOR THIS ITB.
The State of Oregon Performance Bond and Payment Bond
forms are Exhibits 3 and 4, respectively.
The apparent successful Offeror shall provide all required
bonding to the Oregon Military Department (OMD), Installation
Division (AGI) Attn: Moya McKeehan, Contract Specialist
within seven (7) calendar days of notification of award. Failure
to present the required documents within the required period
may be grounds for award disqualification.
C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION:
The apparent successful Offeror, if a Joint Venture/Partnership
shall provide a copy of the joint venture agreement or
partnership agreement evidencing authority to Offer and to
enter into the resulting Contract that may be awarded, together
with corporate resolutions (if applicable) evidencing corporate
authority to participate as a joint venturer or partner. A contact
person must also be designated for purposes of receiving all
4/12 version
Each Offer shall be accompanied by a certified or cashier's
check, irrevocable letter of credit (Bank), or Bid Bond, payable
to the Oregon Military Department (OMD) in an amount equal
to ten percent (10%) of the total amount of the Offer.
Bid Security shall be furnished to the Oregon Military
Department as security against the failure of the undersigned
to comply with all requirements within the time frames
established subsequent to notification of award.
If the undersigned fails to (1) execute the Contract, (2) furnish
a Performance Bond and a Payment Bond, or (3) furnish
certificates of insurance within seven (7) calendar days of the
written notification of intent to award a Contract, then OMD
may cash the check, draw under the letter of credit or
otherwise collect under the Bid Security.
The State of Oregon Bid Bond form is Exhibit 2.
SECTION E – OREGON PREVAILING WAGE RATES
(BOLI REQUIREMENTS)
E.1 The Contractor and all subcontractors shall comply with
the provisions of ORS 279C.800 through 279C.870, relative to
Prevailing Wage Rates, as outlined in Sections C.1, C.2, and
G.2.3 of the General Conditions.
E.2 This ITB and the resulting Contract are subject to the
following Bureau of Labor and Industries (BOLI) wage
requirements and the prevailing wages 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 link:
Prevailing Wage Rates for Public Works Contracts in Oregon
issued July 1, 2012.
Prevailing Wage Rates Apprenticeship Rates issued July 1,
2012.
These BOLI wage rates are available on line at:
http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml
If applicable, because the project involves federal funds, this
ITB and the resulting Contract may be subject to federal DavisBacon Act requirements in addition to BOLI requirements. The
Contractor shall pay the higher of the BOLI wage rates and
fringe benefits, as identified in the above BOLI wage rate
booklet, or the federal wage rates and fringe benefits listed in
the publication “General Wage Determinations Issued Under
the Davis-Bacon and Related Acts” that is last published prior
to the Bid Closing date set forth in this ITB. Bidders may
obtain the applicable federal rates through the following U.S.
Department of Labor link: http://www.wdol.gov/. Bidders are
advised that federal Davis-Bacon rates may be amended at
any time prior to Bid Closing and that contractors remain
responsible for meeting federal Davis-Bacon Act requirements
and State of Oregon prevailing wage rate requirements.
Davis-Bacon Act requirements are not applicable to this
project.
Page 10 of 64
E.3 The Work will take place in Umatilla County, Region 12.
SECTION F – FIRST-TIER SUBCONTRACTOR
DISCLOSURE INSTRUCTIONS AND FORM
(1) Pursuant to ORS 279C.370 and OAR 137-049-0360,
Offerors are required to disclose information about certain firsttier subcontractors when OMD estimates the Contract value for
a Public Improvement to be greater than $100,000.
Specifically, when the Contract amount of a first-tier
subcontractor furnishing labor, or labor and materials, would be
greater than or equal to: (i) 5% of the project Bid, but at least
$15,000, or (ii) $350,000 regardless of the percentage, the
Bidder must disclose the following information about that
subcontract in its Bid submission or within two (2) working
hours after Closing:
(a) The subcontractor's name,
(b) Dollar value and,
(c) The category of work that the subcontractor would be
performing.
If the Offeror will not be using any subcontractors that are
subject to the above disclosure requirements, the Offeror is
required to indicate "NONE" on the Disclosure Form.
4/12 version
OMD MUST REJECT AN OFFER IF THE OFFEROR FAILS
TO SUBMIT THE DISCLOSURE FORM WITH THIS
INFORMATION BY THE STATED DEADLINE.
(2) An Offeror shall submit the disclosure form required by
OAR 137-049-0360 either in its Offer submission or within two
(2) working hours after Closing.
Compliance with the disclosure and submittal requirements is a
matter of responsiveness. Offers which are submitted by
Closing, but for which the disclosure submittal has not been
made by the specified deadline, are not responsive and shall
not be considered for Contract award.
(3) OMD shall obtain, and make available for public inspection,
the disclosure forms required by OAR 137-049-0360. OMD
shall also provide copies of disclosure forms to the Bureau of
Labor and Industries as required by ORS 279C.835. OMD is
not required to determine the accuracy or completeness of the
information submitted. Substitution of affected first-tier
subcontractors shall be made only in accordance with ORS
279C.585.
Page 11 of 64
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
PROJECT NAME: Umatilla Building 77 Improvements, Hermiston, Oregon
BID #: 120065C001 CLOSING: Date: ________ Time: ________
This form must be submitted at the location specified in the Invitation to Bid on the advertised Closing date or within two
working hours after the advertised Closing time.
List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is
required to be disclosed, the category of work that subcontractor will be performing and the dollar value of the
subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF
NEEDED.)
1.
2.
3.
4.
5.
6.
SUBCONTRACTOR NAME
CATEGORY OF WORK
DOLLAR VALUE
________________________
________________________
________________________
________________________
________________________
________________________
_____________________
_____________________
_____________________
_____________________
_____________________
_____________________
__________________
__________________
__________________
__________________
__________________
__________________
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be
considered for award.
Form Submitted by (Bidder Name): _________________________________________________
Contact Name: ___________________________________ Phone #: _______________________
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Page 12 of 64
SECTION G – CONSTRUCTION CONTRACTORS
BOARD (CCB) REGISTRATION REQUIREMENTS /
ASBESTOS ABATEMENT LICENSING
REQUIREMENTS / JOINT VENTURE - PARTNERSHIP
DISCLOSURE
foregoing manner. Addenda shall only be issued by OMD and
upon issuance are incorporated into the Invitation to Bid or the
resulting Contract. If required by the Solicitation Addendum,
Bidders shall sign and return the Addendum prior to the
Closing time/date.
G.1 CCB REQUIREMENTS
(2) By Offeror's signature in Section O it ACKNOWLEDGES,
AGREES and CERTIFIES TO THE FOLLOWING:
(1) Offerors shall be licensed with the State of Oregon
Construction Contractors Board (CCB) prior to bidding on
Public Improvement Contracts. FAILURE TO COMPLY WITH
THIS REQUIREMENT WILL RESULT IN BID REJECTION.
(2) All Subcontractors participating in the project shall be
similarly registered with the Construction Contractors Board at
the time they propose to engage in subcontract work. The
CCB registration requirements apply to all public works
contracts unless superseded by federal law.
Offerors SHALL provide their Construction Contractors Board
(ORS 701.055) registration number below:
CONSTRUCTION CONTRACTORS BOARD REGISTRATION
NO.: __________________
EXPIRATION DATE OF CCB NO.: __________________
(a) If any Addenda are issued in connection with this ITB,
Offeror has received and duly considered such Addenda, and
has completed the blanks below identifying all Addenda
issued, and acknowledging and agreeing to the terms of all
such Addenda as those terms revise the terms, conditions,
Plans and Specifications of this ITB.
ADDENDA:
No.
to No.
inclusive.
________
________
(b) IN ADDITION to completing the blanks above to identify all
Addenda, if any, issued under this ITB, Offeror shall sign and
return any Addendum that states that it must be signed and
returned.
SECTION I – RESPONSIBILITY INQUIRY/
CONTRACTOR REFERENCES & ESB UTILIZATION
G.2 ASBESTOS ABATEMENT LICENSING
REQUIREMENTS
An asbestos abatement license under ORS 468A.720 will not
be required of the Contractor or its subcontractors.
G.3 JOINT VENTURE/PARTNERSHIP DISCLOSURE
The Offeror shall disclose whether the Offer is submitted by
either a partnership or joint venture.
NO: ________
YES: _______
If yes, the Offeror shall provide the name of the contact person
for the partnership or joint venture.
Name: ____________________________________________
SECTION H - SOLICITATION ADDENDA
ACKNOWLEDGEMENT
(1) OMD reserves the right to make changes to the Invitation
to Bid and the resulting Contract, by written Addenda, prior to
the Closing time and date. Addenda will be advertised on the
ORPIN System. OMD is not responsible for an Offerors failure
to receive notice of Addenda if such are advertised in the
4/12 version
The State reserves the right, pursuant to OAR 137-049-0390 to
investigate and evaluate, at any time prior to award and
execution of the Contract, the apparent successful Offeror's
responsibility to perform the Contract. Submission of a signed
Offer shall constitute approval for the State to obtain any
information the State deems necessary to conduct the
evaluation. The State shall notify the apparent successful
Offeror, in writing, of any other documentation required, which
may include, but is not limited to, recent profit-and-loss history;
current balance statements; assets-to-liabilities ratio, including
number and amount of secured versus unsecured creditor
claims; availability of short and long-term financing; bonding
capacity; credit information; material; equipment; facility and
personnel information; performance record of Contract
performance; etc. Failure to promptly provide this information
shall result in Offer rejection. The State may postpone the
award of the Contract after announcement of the apparent
successful Offeror in order to complete its investigation and
evaluation. Failure of the apparent successful Offeror to
demonstrate responsibility, as required under OAR 137-0490390, shall render the Offeror non-responsible and shall
constitute grounds for Offer rejection, as required under OAR
137-049-0440.
Page 13 of 64
1. OFFEROR INFORMATION
Business Name: _____________________________________________________________________
Owner(s) Name: _____________________________________________________________________
Business Address:
__________________________________________________________________________
__________________________________________________________________________
Telephone Number: ______________________________Fax No.: ______________________________
Email Address: _______________________________________________________________________
2. OFFEROR REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE
Offeror shall provide a list of three (3) different project references with their Offer that can be contacted regarding the quality of
workmanship and service that the Offeror provided on projects of comparable size and scope. Offeror shall submit this information
using the form provided in this section or may use the Offeror’s form. The list of three (3) different project references shall include the
following information.
Project Reference #1
Name of Project: ______________________________________________________________
Project Location: ______________________________________________________________
Project Date: _________________________________________________________________
Firm Name for Contact Person #1: ________________________________________________
Name of Contact Person #1: _____________________________________________________
Telephone Number for Contact Person #1: __________________________________________
Fax number for Contact Person #1: ________________________________________________
Firm Name for Contact Person #2: ________________________________________________
Name of Contact Person #2: _____________________________________________________
Telephone Number for Contact Person #2: __________________________________________
Fax number for Contact Person #2: ________________________________________________
Project Reference #2
Name of Project: ______________________________________________________________
Project Location: ______________________________________________________________
Project Date: _________________________________________________________________
Firm Name for Contact Person #1: ________________________________________________
Name of Contact Person #1: _____________________________________________________
Telephone Number for Contact Person #1: __________________________________________
Fax number for Contact Person #1: ________________________________________________
Firm Name for Contact Person #2: ________________________________________________
Name of Contact Person #2: _____________________________________________________
Telephone Number for Contact Person #2: __________________________________________
Fax number for Contact Person #2: ________________________________________________
Project Reference #3
Name of Project: ______________________________________________________________
Project Location: ______________________________________________________________
Project Date: _________________________________________________________________
Firm Name for Contact Person #1: ________________________________________________
Name of Contact Person #1: _____________________________________________________
Telephone Number for Contact Person #1: __________________________________________
4/12 version
Page 14 of 64
Fax number for Contact Person #1: ________________________________________________
Firm Name for Contact Person #2: ________________________________________________
Name of Contact Person #2: _____________________________________________________
Telephone Number for Contact Person #2: __________________________________________
Fax number for Contact Person #2: ________________________________________________
3. SUBCONTRACTING TO MINORITY, WOMEN AND EMERGING SMALL BUSINESS
Offeror will provide the company name(s) of any certified Minority, Women and Emerging Small Business companies that they intend to
utilize in the performance of this Contract.
Name: _______________________________________________________
Name: _______________________________________________________
Name: _______________________________________________________
Name: _______________________________________________________
Name: _______________________________________________________
4/12 version
Page 15 of 64
SECTION J- RECYCLED PRODUCTS
Vendors shall use recyclable materials to the maximum extent
economically feasible in the performance of the Contract Work
set forth in this document. ORS 279A.010(ii) provides as
follows: "'Recycled product' means all materials, goods and
supplies, not less than 50 percent of the total weight of which
consists of secondary and post-consumer waste with not less
than 10 percent of total weight consisting of post-consumer
waste. 'Recycled product' also includes any product that could
have been disposed of as a solid waste, having completed its
life cycle as a consumer item, but otherwise is refurbished for
reuse without substantial alteration of the product's form."
ORS 279A.010(u) provides as follows: "'Post-consumer waste'
means a finished material which would normally be disposed of
as solid waste, having completed its life cycle as a consumer
item. 'Post-consumer waste' does not include manufacturing
waste."
ORS 279A.010(jj) provides as follows: "'Secondary waste
materials' means fragments of products of finished products of
a manufacturing process which has converted a virgin
resource into a commodity of real economic value, and
includes post-consumer waste, but does not include excess
virgin resources of the manufacturing process. For paper,
'secondary waste materials' does not include fibrous waste
generated during the manufacturing process such as fibers
recovered from waste water or trimmings of paper machine
rolls, mill broke, wood slabs, chips, sawdust, or other wood
residue from a manufacturing process."
ORS 279A.010(hh) provides as follows: "'Recycled PETE”
means post-consumer polyethylene terephthalate material."
By my signature in Section O, I, the undersigned duly
authorized representative of the Offeror, hereby affirm that
Offeror will comply with the above recycled products
provisions.
SECTION K - RESIDENCY INFORMATION
OAR 137-049-0390(6) provides that, in determining the lowest
responsive Bid, the State must add a percentage increase to
the Bid of a nonresident Bidder equal to the percentage, if any,
of the preference given to that Bidder in the state in which the
Bidder resides.
"Resident Bidder" means a Bidder that has paid unemployment
taxes or income taxes in this state during the 12 calendar
months immediately preceding submission of the Bid, has a
business address in this State, and has stated in the Bid
whether the Bidder is a "Resident Bidder". (ORS 279A.120)
"Non-resident Bidder" means a Bidder who is not a "Resident
Bidder" as defined above. (ORS 279A.120)
a. Check one: Bidder is a (
(
) Resident Bidder
) Non-resident Bidder
b. If a Resident Bidder, enter your Oregon business address:
________________________________________________
c. If a Non-resident Bidder, enter state of residency:
________________________________________________
4/12 version
FOREIGN CONTRACTOR: If the amount of the Contract
exceeds ten thousand dollars ($10,000), and if Contractor is
not domiciled in or registered to do business in the State,
Contractor shall promptly provide to the Oregon Department of
Revenue all information required by that Department relative to
the Contract. The State shall be entitled to withhold final
payment under the Contract until Contractor has met this
requirement.
SECTION L - CERTIFICATION OF COMPLIANCE
WITH TAX LAWS
By my signature in Section O, I, hereby attest or affirm under
penalty of perjury: That I am authorized to act on behalf of the
Contractor in this matter, that I have authority and knowledge
regarding the payment of taxes, and that Contractor is, to the
best of my knowledge, not in violation of any Oregon Tax
Laws. For purposes of this certification, "Oregon tax laws" are
those tax laws imposed by ORS 320.005 to 320.150 and ORS
403.200 to 403.250 and ORS Chapters 118, 314, 316, 317,
318, 321 and 323; and the elderly rental assistance program
under ORS 310.630 to 310.706; and any local tax laws
administered by the Oregon Department of Revenue under
ORS 305.620.
SECTION M - CERTIFICATION OF DRUG-TESTING
LAW REQUIREMENTS
(1) Pursuant to OAR 137-049-0200, the Offeror certifies by its
signature on these solicitation document forms that it has a
Qualifying Drug Testing Program in place for its employees
that includes, at a minimum, the following:
(a) A written employee drug testing policy, (b) Required drug
testing for all new Subject Employees or, alternatively, required
testing of all Subject Employees every 12 months on a random
selection basis, and
(c) Required testing of a Subject Employee when the Offeror
has reasonable cause to believe the Subject Employee is
under the influence of drugs.
(2) A drug testing program that meets the above requirements
will be deemed a "Qualifying Employee Drug Testing
Program." An employee is a "Subject Employee" only if that
employee will be working on the Project job site.
(3) If awarded a Public Improvement Contract as a result of
this solicitation, Offeror agrees that at the time of Contract
execution it shall represent and warrant to the Agency that its
Qualifying Employee Drug Testing Program is in place and will
continue in full force and effect for the duration of the Public
Improvement Contract. The Agency's performance obligation
(which includes, without limitation, the Agency's obligation to
make payment) shall be contingent on Contractor's compliance
with this representation and warranty.
(4) If awarded a Public Improvement Contract as a result of
this solicitation, Offeror also agrees that at the time of Contract
execution, and as a condition to Agency's performance
obligation (which includes, without limitation, the Agency's
obligation to make payment), it shall require each
Subcontractor providing labor for the Project to:
(a) Demonstrate to the Contractor that it has a Qualifying
Employee Drug Testing Program for the Subcontractor's
Subject Employees, and represent and warrant to the
Contractor that the Qualifying Employee Drug Testing Program
is in place at the time of subcontract execution and will
continue in full force and effect for the duration of the
Page 16 of 64
subcontract; or (b) Require that the Subcontractor's Subject
Employees participate in the Contractor's Qualifying Employee
Drug Testing Program for the duration of the subcontract.
SECTION N - CERTIFICATION OF COMPLIANCE
WITH NON-DISCRIMINATION LAWS
By my signature in Section O, I certify that I am authorized to
act on behalf of Bidder in this matter and that Bidder has not
discriminated and will not discriminate against a subcontractor
in awarding a subcontract because the subcontractor is: (a) a
minority, women or emerging small business enterprise
certified under ORS 200.055; or (b) a business enterprise that
is owned or controlled by or that employs a disabled veteran,
as defined in ORS 408.225,
SECTION O - SIGNATURE OF BIDDER'S DULY
AUTHORIZED REPRESENTATIVE
THIS BID MUST BE SIGNED IN INK BY AN AUTHORIZED
REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS
OR ERASURES TO THE BID MUST BE INITIALED IN INK BY
THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.
The undersigned acknowledges, attests and certifies
individually and on behalf of the Bidder that:
(1) He/she is a duly authorized representative of the Bidder,
has been authorized by Bidder to make all representations,
attestations, and certifications contained in this Bid and all
Addenda, if any, issued.
(2) Bidder, acting through its authorized representatives, has
read and understands all Bid instructions, Specifications,
Plans, terms and conditions contained in this Bid document
(including all listed attachments and Addenda, if any, issued);
(3) The Bid submitted is in response to the specific language
contained in the ITB, and Bidder has made no assumptions
based upon either (a) verbal or written statements not
contained in the ITB, or (b) any previously-issued ITB, if any.
(4) The State shall not be liable for any claims or be subject to
any defenses asserted by Bidder based upon, resulting from,
or related to, Bidder’s failure to comprehend all requirements of
the ITB.
(5) The State shall not be liable for any expenses incurred by
Bidder in preparing and submitting its Offer or in participating in
the Offer evaluation/selection process.
(6) The Bidder agrees to be bound by and comply with all
applicable requirements of ORS 279C.800 through ORS
279C.870 and the administrative rules of the Bureau of Labor
and Industries (BOLI) regarding prevailing wage rates.
(7) The Offer was prepared independently from all other
Bidders, and without collusion, fraud, or other dishonesty.
(8) Bidder is bound by and will comply with all requirements,
Specifications, Plans, terms and conditions contained in this
Bid (including all listed attachments and Addenda, if any,
issued);
(9) Bidder will furnish the designated item(s) or service(s) in
accordance with the Specifications, Plans and requirements,
and will comply in all respects with the terms of the resulting
Contract upon award; and
(10) Bidder represents and warrants that Bidder has the power
and authority to enter into and perform the Contract and that
the Contract, when executed and delivered, shall be a valid
and binding obligation of Contractor enforceable in accordance
with its terms.
(11) All affirmations and certifications contained in Sections J,
K, L, M and N are true and correct.
Authorized Signature: ________________________________
Title: _____________________________________________
Contact Person (Type or Print):
__________________________________________________
Telephone Number:
Fax Number:
(_____)_________________ (_____)___________________
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EXHIBIT 1
120065C001
PRICING SUBMITTAL FORM
PRICING SUBMITTAL INSTRUCTIONS:
Offerors shall enter pricing and other required information for all Bid Items listed in this Pricing Submittal Form. If this
Pricing Submittal Form is replaced by Addendum, Offerors shall use the Addendum form to provide pricing and other
required information. If the Pricing Submittal Form is only modified by Addendum, Offerors shall follow the instructions in
the Addendum for making modifications to the Pricing Submittal Form. Failure to supply the required information in the
Pricing Submittal Form or subsequent Addenda may result in Bid rejection as non-responsive.
BASE BID: To include all work described in the ITB, Plans, Specifications and any issued Addenda to convert three (3)
equipment storage bays in Building 77 into two (2) temporary general purpose work bays.
BASE BID - LUMP SUM: $_________________________
Unit price is an amount offered by Offerors as a price per unit of measure for materials or services added or deducted
from the Contract sum by appropriate Contract modifications. These unit prices will be used in conjunction with the
General Conditions, Section D, for changes to the Work, as required by the Owner. The Work described below is part of
the base bid or alternate or item. The unit price is being established only for Work added or deducted from the base bid
or alternate or item.
Offerors shall provide unit pricing for the following items. These unit prices will not be used in the method of award. Failure
of the Offeror to provide these unit prices shall result in Offer rejection.
======================================================================
UNIT PRICE NO. 1: Provide unit cost per window for the installation of four (4) 3x5 windows on the new wall on the West
side of the work bays and two (2) windows on the new wall on the North side of the building. Windows manufacturer shall
be Milgard or approved equal.
.
PRICE PER WINDOW:
$____________________________
BIDDER NAME: ___________________________________________________________________
ADDRESS: _______________________________________________________________________
ADDRESS: ________________________________________________________________________
EMAIL: ______________________________________ PHONE:_____________________________
SIGNATURE: ______________________________________________________________________
PRINTED NAME:__________________________________________________________________
DUNS NUMBER: _____________________________________________________________________
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EXHIBIT 2
State of Oregon Bid Security Form
BID BOND
We, _____________________________________, as “Principal,”
(Name of Principal)
and ___________________________________, an _________________ Corporation,
(Name of Surety)
authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective
heirs, executors, administrators, successors and assigns to pay unto the State of Oregon (“Obligee”) the sum of
($____________________________)
_________________________________________________________________ dollars.
WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of
the Obligee in response to Obligee’s procurement document (No. 120065C001) for the project identified as: Umatilla
Building 77 Improvements, Hermiston, Oregon which proposal or bid is made a part of this bond by reference, and
Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant
to the procurement document and ORS 279C.365 (4) for competitive bidding or 279C.400 (5) for competitive proposals.
NOW, THEREFORE, if the proposal or bid submitted by Principal is accepted, and if a contract pursuant to the proposal
or bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the
procurement document and executes and delivers to Obligee its good and sufficient performance and payment bonds
required by Obligee, as well as any required proof of insurance, within the time fixed by Obligee, then this obligation shall
be void; otherwise, it shall remain in full force and effect.
IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal
representatives this ________________day of ________________________, 20__.
PRINCIPAL: ______________________________
SURETY: __________________________
By________________________________________
Signature
BY ATTORNEY-IN-FACT:
___________________________________________
Official Capacity
___________________________________
Name
Attest: ____________________________________
Corporation Secretary
___________________________________
Signature
___________________________________
Address
____________________________________
City
State
Zip
_______________
_________________
Phone
Fax
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EXHIBIT 3
State of Oregon Performance Bond Form
PERFORMANCE BOND
Bond No._______________________________
Solicitation _____________________________
Project Name ___________________________
__________________ (Surety #1)
__________________ (Surety #2)*
* If using multiple sureties
Bond Amount No. 1:
Bond Amount No. 2:*
Total Penal Sum of Bond:
$______________
$______________
$______________
We, ________________________________________________as Principal, and the above identified Surety(ies), authorized to
transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors,
administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of (Total Penal Sum of Bond)
________________________________________________________________________
(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing
a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the
Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and
WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which
are contained in the above-referenced Solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions,
schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or not
attached to the contract (all hereafter called “Contract”); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and
specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or
constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and
comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all
matters and things undertaken by Contractor to be performed under the Contract, upon the terms set forth therein, and within the time
prescribed therein, or as extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save
harmless the State of Oregon, the Oregon Military Department, and members thereof, its officers, employees and agents, against any
direct or indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in connection with or
arising out of the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said contract
according to law, then this obligation is to be void; otherwise, it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the above-referenced agency(ies), be
obligated for the payment of any premiums.
This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond
and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY
AUTHORIZED LEGAL REPRESENTATIVES.
Dated this __________________ day of ___________________, 20__.
PRINCIPAL: __________________________
By____________________________________
Signature
______________________________________
Official Capacity
Attest: ________________________________
Corporation Secretary
SURETY: _____________________________
[Add signatures for each surety if using multiple bonds]
4/12 version
BY ATTORNEY-IN-FACT:
[Power-of-Attorney must accompany each surety bond]
______________________________________
Name
______________________________________
Signature
______________________________________
Address
______________________________________
City
State
Zip
_________________ ____________________
Phone
Fax
Page 20 of 64
EXHIBIT 4
State of Oregon Payment Bond Form
PAYMENT BOND
Bond No. __________________________________
Solicitation _________________________________
Project Name _______________________________
__________________ (Surety #1)
__________________ (Surety #2)*
* If using multiple sureties
Bond Amount No. 1:
Bond Amount No. 2:*
Total Penal Sum of Bond:
$ ___________
$ ___________
$ ___________
We, ________________________________________________, as Principal, and the above identified Surety(ies), authorized to
transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors,
administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of (Total Penal Sum of
Bond)_________________________________________________________________________ (Provided, that we the Sureties bind
ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any
or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only
as is set forth opposite the name of such Surety), and
WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which
are contained in above-referenced Solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions,
schedule of performance, and schedule of contract prices, are made a part of this Payment Bond by reference, whether or not attached
to the contract (all hereafter called “Contract”); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and
specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications
of the Contract which increase the amount of the work, or the cost of the Contract, or constitute authorized extensions of time for
performance of the Contract, notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with
the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and
things by it undertaken to be performed under said Contract and any duly authorized modifications that are made, upon the terms set
forth therein, and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the
Sureties, and shall indemnify and save harmless the State of Oregon, the Oregon Military Department, and members thereof, its
officers, employees and agents, against any claim for direct or indirect damages of every kind and description that shall be suffered or
claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and
shall promptly pay all persons supplying labor, materials or both to the Principal or its subcontractors for prosecution of the work
provided in the Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment
Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to
the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its
subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or prosecuted against the State on account of
any labor or materials furnished; and shall do all things required of the Principal by the laws of this State, then this obligation shall be
void; otherwise, it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the above-referenced agency(ies), be
obligated for the payment of any premiums.
This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond
and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY
AUTHORIZED LEGAL REPRESENTATIVES:
Dated this ___________________day of _____________________, 20__.
PRINCIPAL: _________________________
By __________________________________
Signature
_____________________________________
Official Capacity
Attest: _______________________________
Corporation Secretary
SURETY: ____________________________
[Add signatures for each if using multiple bonds]
4/12 version
BY ATTORNEY-IN-FACT:
[Power-of-Attorney must accompany each bond]
____________________________________
Name
_____________________________________
Signature
_____________________________________
Address
_____________________________________
City
State
Zip
_____________________________________
Phone
Fax
Page 21 of 64
EXHIBIT 5
Sample Public Improvement Agreement Form
COPIES OF THIS PUBLIC IMPROVEMENT AGREEMENT FORM WILL BE SENT TO THE INTENDED AWARDEE
(CONTRACTOR) BY OMD AT THE TIME OF THE STATE'S INTENT TO AWARD NOTICE. THE BLANKS IN THIS SAMPLE WILL
BE FILLED IN BY OMD. THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE AGREEMENT. AFTER ALL
REQUIREMENTS ARE MET, THE STATE WILL THEN SIGN THE PUBLIC IMPROVEMENT AGREEMENT FORM AND SEND AN
ORIGINAL SIGNED FULLY EXECUTED PUBLIC IMPROVEMENT AGREEMENT FORM TO THE CONTRACTOR ALONG WITH
THE NOTICE TO PROCEED.
STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT
for
Umatilla Building 77 Improvements, Hermiston, Oregon
120065C001
This Agreement for the Umatilla Building 77 Improvements, Hermiston, Oregon (the "Agreement"), made by and between the State of
Oregon, acting by and through the Oregon Military Department, hereinafter called OWNER, and (Insert Contractor’s Name)
hereinafter called the CONTRACTOR (collectively the “Parties”), is effective on the date this Agreement has been signed by all the
Parties and all required State of Oregon governmental approvals have been obtained. Unless otherwise defined in the Invitation to Bid
or in this Agreement, the capitalized terms used herein are defined in Section A.1 of the State of Oregon General Conditions for Public
Improvement Contracts.
WITNESSETH:
1. Contract Price, Contract Documents and Work.
The CONTRACTOR, in consideration of the sum of (Insert Price) (the "Contract Price"), to be paid to the CONTRACTOR by OWNER in
the manner and at the time hereinafter provided, and subject to the terms and conditions provided for in the Invitation to Bid, this Public
Improvement Agreement and other Contract Documents, all of which are incorporated herein by reference, hereby agrees to perform all
Work described and reasonably inferred from the Contract Documents.
The Contract Price includes the following items: (Insert Items)
2. Representatives.
Unless otherwise specified in the Contract Documents, the OWNER designates Scott Mansfield, 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 responsibilities of the OWNER. CONTRACTOR has named (Insert Name) its
Authorized Representative to act on its behalf.
3. Contract Dates.
PROJECT START DATE: 15 calendar days from issuance of Notice to Proceed.
SUBSTANTIAL COMPLETION: 90 calendar days from issuance of Notice to Proceed.
FINAL COMPLETION: 120 calendar days from issuance of Notice to Proceed.
4. 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 Oregon Military Department, and the CONTRACTOR execute
this Agreement. .
CONTRACTOR DATA:
CONTRACTOR NAME _____________________________________________________________________
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CONTRACTOR ADDRESS __________________________________________________________________
CONTRACTOR ADDRESS __________________________________________________________________
CONTRACTOR'S CCB # _________________________
Expiration Date: __________________________
CONTRACTOR’S SIGNATURE: _____________________________________________________________
Date
State of Oregon by and through the OREGON MILITARY DEPARTMENT
_________________________________________________________________________________________
Roy D. Swafford/Contract Administrator
Date
Approved for legal sufficiency
[Not applicable if under $3,000,000 and exemption applies]
_Not Applicable________________________________________________________________________________________
(Insert Name)/Assistant Attorney General
Date
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EXHIBIT 6
STATE OF OREGON
GENERAL CONDITIONS
FOR PUBLIC IMPROVEMENT CONTRACTS
NOTICE TO STATE AGENCIES AND PUBLIC IMPROVEMENT CONTRACTORS
January 1, 2012 Edition
Changes to the General Conditions (including any additions, deletions or substitutions) should only be made by Supplemental
General Conditions, unless the General Conditions are specifically modified in the Public Improvement Agreement (which has a
higher order of precedence under Section A.3 of the General Conditions). The text of these General Conditions should not
otherwise be altered.
NOTE: THE FOLLOWING GENERAL CONDITIONS HAVE BEEN REVIEWED AS TO FORM BY THE OREGON
DEPARTMENT OF JUSTICE. THE LEGAL SUFFICIENCY AND APPROVAL REQUIREMENTS OF ORS
291.047 ARE STILL APPLICABLE FOR INDIVIDUAL PROCUREMENTS OF STATE AGENCIES, UNLESS
AN EXEMPTION HAS BEEN GRANTED PURSUANT TO THAT STATUTE AND ADMINISTRATIVE
RULES AT OAR CHAPTER 137, DIVISION 45.
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STATE OF OREGON
GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS
JANUARY 1, 2012
TABLE OF SECTIONS
SECTION A
GENERAL PROVISIONS
SECTION E
PAYMENTS
A.1
A.2
A.3
E.1
E.2
E.3
E.4
E.5
E.6
A.4
A.5
A.6
A.7
DEFINITION OF TERMS
SCOPE OF WORK
INTERPRETATION OF CONTRACT
DOCUMENTS
EXAMINATION OF PLANS, SPECIFICATIONS,
AND SITE
INDEPENDENT CONTRACTOR STATUS
RETIREMENT SYSTEM STATUS AND TAXES
GOVERNMENT EMPLOYMENT STATUS
SECTION F
JOB SITE CONDITIONS
SECTION B
ADMINISTRATION OF THE CONTRACT
F.1
F.2
B.1
F.3
F.4
F.5
F.6
F.7
B.2
B.3
B.4
B.5
B.6
B.7
B.8
B.9
B.10
B.11
B.12
B.13
B.14
B.15
B.16
B.17
B.18
B.19
B.20
B.21
B.22
OWNER’S ADMINISTRATION OF THE
CONTRACT
CONTRACTOR'S MEANS AND METHODS
MATERIALS AND WORKMANSHIP
PERMITS
COMPLIANCE WITH GOVERNMENT LAWS AND
REGULATIONS
SUPERINTENDENCE
INSPECTION
SEVERABILITY
ACCESS TO RECORDS
WAIVER
SUBCONTRACTS AND ASSIGNMENT
SUCCESSORS IN INTEREST
OWNER'S RIGHT TO DO WORK
OTHER CONTRACTS
GOVERNING LAW
LITIGATION
ALLOWANCES
SUBMITTALS, SHOP DRAWINGS, PRODUCT
DATA AND SAMPLES
SUBSTITUTIONS
USE OF PLANS AND SPECIFICATIONS
FUNDS AVAILABLE AND AUTHORIZED
NO THIRD PARTY BENEFICIARIES
SECTION C
WAGES AND LABOR
C.1
C.2
C.3
C.4
C.5
MINIMUM WAGES RATES ON PUBLIC WORKS
PAYROLL CERTIFICATION; ADDITIONAL
RETAINAGE; FEE REQUIREMENTS
PROMPT PAYMENT AND CONTRACT
CONDITIONS
PAYMENT FOR MEDICAL CARE
HOURS OF LABOR
SECTION D
CHANGES IN THE WORK
D.1
D.2
D.3
4/12 version
SCHEDULE OF VALUES
APPLICATIONS FOR PAYMENT
PAYROLL CERTIFICATION REQUIREMENT
DUAL PAYMENT SOURCES
RETAINAGE
FINAL PAYMENT
USE OF PREMISES
PROTECTION OF WORKERS, PROPERTY
AND THE PUBLIC
CUTTING AND PATCHING
CLEANING UP
ENVIRONMENTAL CONTAMINATION
ENVIRONMENTAL CLEAN-UP
FORCE MAJEURE
SECTION G
INDEMNITY, BONDING AND INSURANCE
G.1
G.2
G.3
RESPONSIBILITY FOR DAMAGES/INDEMNITY
PERFORMANCE AND PAYMENT SECURITY;
PUBLIC WORKS BOND
INSURANCE
SECTION H
SCHEDULE OF WORK
H.1
H.2
H.3
CONTRACT PERIOD
SCHEDULE
PARTIAL OCCUPANCY OR USE
SECTION I
CORRECTION OF WORK
I.1
I.2
CORRECTIONS OF WORK BEFORE FINAL
PAYMENT
WARRANTY WORK
SECTION J
SUSPENSION AND/OR TERMINATION OF THE WORK
J.1
J.2
J.3
J.4
J.5
J.6
OWNER'S RIGHT TO SUSPEND THE WORK
CONTRACTOR'S RESPONSIBILITIES
COMPENSATION FOR SUSPENSION
OWNER'S RIGHT TO TERMINATE CONTRACT
TERMINATION FOR CONVENIENCE
ACTION UPON TERMINATION
CHANGES IN THE WORK
DELAYS
CLAIMS REVIEW PROCESS
Page 25 of 64
SECTION K
CONTRACT CLOSE-OUT
K.1
K.2
K.3
K.4
K.5
K.6
K.7
K.8
K.9
K.10
RECORD DRAWINGS
OPERATION AND MAINTENANCE MANUALS
AFFIDAVIT/RELEASE OF LIENS AND CLAIMS
COMPLETION NOTICES
TRAINING
EXTRA MATERIALS
ENVIRONMENTAL CLEAN-UP
CERTIFICATE OF OCCUPANCY
OTHER CONTRACTOR RESPONSIBILITIES
SURVIVAL
SECTION L
LEGAL RELATIONS AND RESPONSIBILITY
TO THE PUBLIC
L.1
L.2
L.3
L.4
LAWS TO BE OBSERVED
FEDERAL AGENCIES
STATE AGENCIES
LOCAL AGENCIES
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STATE OF OREGON
GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS
(“General Conditions”)
SECTION A
GENERAL PROVISIONS
A.1 DEFINITION OF TERMS
In the Contract Documents the following terms shall be as
defined below:
ARCHITECT/ENGINEER, means the Person appointed by the
Owner to make drawings and specifications and, to provide contract
administration of the Work contemplated by the Contract to the
extent provided herein or by supplemental instruction of Owner
(under which Owner may delegate responsibilities of the Owner’s
Authorized Representative to the Architect/Engineer), in
accordance with ORS Chapter 671 (Architects) or ORS Chapter 672
(Engineers) and administrative rules adopted thereunder.
CHANGE ORDER, means a written order issued by the Owner's
Authorized Representative to the Contractor requiring a change
in the Work within the general scope of the Contract Documents,
issued under the changes provisions of Section D.1 including
Owner's written change directives as well as changes reflected in a
writing executed by the parties to this Contract and, if applicable,
establishing a Contract Price or Contract Time adjustment
for the changed Work.
CLAIM, means a demand by Contractor pursuant to Section D.3
for review of the denial of Contractor’s initial request for an
adjustment of Contract terms, payment of money, extension of
Contract Time or other relief, submitted in accordance with the
requirements and within the time limits established for review of
Claims in these General Conditions.
CONTRACT, means the written agreement between the Owner
and the Contractor comprised of the Contract Documents which
describe the Work to be done and the obligations between the
parties.
DAYS, are calendar days, including weekdays, weekends and
holidays, unless otherwise specified.
DIRECT COSTS, means, unless otherwise provided in the
Contract Documents, the cost of materials, including sales tax, cost
of delivery; cost of labor, including social security, old age and
unemployment insurance, and fringe benefits required by agreement
or custom; worker's compensation insurance; project specific
insurance (including, without limitation, Builder’s Risk Insurance
and Builder’s Risk Installation Floater); bond premiums, rental
cost of equipment, and machinery required for execution of the
work; and the additional costs of field personnel directly
attributable to the Work.
FINAL COMPLETION, means the final completion of all
requirements under the Contract, including Contract Closeout as
described in Section K but excluding Warranty Work as described
in Section I.2, and the final payment and release of all retainage, if
any, released.
FORCE MAJEURE, means an act, event or occurrence caused by
fire, riot, war, acts of God, nature, sovereign, or public enemy,
strikes, freight embargoes or any other act, event or occurrence that
is beyond the control of the party to this Contract who is asserting
Force Majeure.
NOTICE TO PROCEED, means the official written notice
from the Owner stating that the Contractor is to proceed with the
Work defined in the Contract Documents. Notwithstanding the
Notice to Proceed, Contractor shall not be authorized to proceed
with the Work until all initial Contract requirements, including
the Contract, performance bond and payment bond, and certificates
of insurance, have been fully executed and submitted to Owner in a
suitable form.
CONTRACT DOCUMENTS, means the Solicitation Document
and addenda thereto, the State of Oregon Public Improvement
Agreement Form, General Conditions, Supplemental General
Conditions, if any, the accepted Offer, Plans, Specifications,
amendments and Change Orders.
OFFER, means a bid in connection with an invitation to bid and a
proposal in connection with a request for proposals.
CONTRACT PERIOD, as set forth in the Contract Documents,
means the total period of time beginning with the issuance of the
Notice to Proceed and concluding upon Final Completion.
OVERHEAD, means those items which may be included in the
Contractor's markup (general and administrative expense and
profit) and that shall not be charged as Direct Cost of the Work,
including without limitation such Overhead expenses as wages or
salary of personnel above the level of foreman (i.e., superintendents
and project managers), expenses of Contractor's offices at the
job site (e.g. job trailer) including expenses of personnel staffing
the job site office, and Commercial General Liability Insurance and
Automobile Liability Insurance.
CONTRACT PRICE, means the total of the awarded Offer
amount, as increased or decreased by the price of approved
alternates and Change Orders.
CONTRACT TIME, means any incremental period of time
allowed under the Contract to complete any portion of the Work as
reflected in the project schedule.
OFFEROR, means a bidder in connection with an invitation to
bid and a proposer in connection with a request for proposals.
OWNER, means the State of Oregon acting by and through the
governmental entity identified in the Solicitation Document.
CONTRACTOR, means the Person awarded the Contract for
the Work contemplated.
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OWNER'S AUTHORIZED REPRESENTATIVE, means
those individuals identified in writing by the Owner to act on behalf
of the Owner for this project. Owner may elect, by written notice
to Contractor, to delegate certain duties of the Owner’s Authorized
Representative to more than one party, including without limitation,
to an Architect/Engineer. However, nothing in these General
Conditions is intended to abrogate the separate design professional
responsibilities of Architects under ORS Chapter 671 or of
Engineers under ORS Chapter 672.
PERSON, means an entity doing business as a sole proprietorship,
a partnership, a joint venture, a corporation, a limited liability
company or partnership, or any other entity possessing the legal
capacity to contract.
PLANS, means the drawings which show the location, type,
dimensions, and details of the Work to be done under the
Contract.
PUNCHLIST, means the list of Work yet to be completed or
deficiencies which need to be corrected in order to achieve Final
Completion of the Contract.
RECORD DOCUMENT, means the as-built Plans, Specifications,
testing and inspection records, product data, samples, manufacturer
and distributor/supplier warranties evidencing transfer to Owner,
operational and maintenance manuals, shop drawings, Change
Orders, correspondence, certificate(s) of occupancy, and other
documents listed in Subsection B.9.1 of these General Conditions,
recording all Services performed.
complete any individual item or the entire Contract and the
carrying out of duties and obligations imposed by the
Contract Documents.
A.2 SCOPE OF WORK
The
Work
contemplated
under
this
Contract includes all labor, materials, transportation,
equipment and services for, and incidental to, the
completion of all construction work in connection with the
project described in the Contract Documents.
The
Contractor shall perform all Work necessary so that the
project can be legally occupied and fully used for the
intended use as set forth in the Contract Documents.
A.3
INTERPRETATION
DOCUMENTS
SPECIFICATION, means any description of the physical or
functional characteristics of the Work, or of the nature of a
supply, service or construction item. Specifications may include a
description of any requirement for inspecting, testing or
preparing a supply, service or construction item for delivery and the
quantities or qualities of materials to be furnished under the
Contract. Specifications generally will state the results or products
to be obtained and may, on occasion, describe the method and
manner of doing the work to be performed. Specifications may
be incorporated by reference and/or may be attached to the
Contract.
SUBCONTRACTOR, means a Person having a direct contract
with the Contractor, or another Subcontractor, to perform one or
more items of the Work.
SUBSTITUTIONS, means items that in function, performance,
reliability, quality, and general configuration are the same or
better than the product(s) specified. Approval of any substitute
item shall be solely determined by the Owner's Authorized
Representative.
The decision of the Owner's Authorized
Representative is final.
SUPPLEMENTAL GENERAL CONDITIONS, means those
conditions that remove from, add to, or modify these General
Conditions.
Supplemental General Conditions may be
included in the Solicitation Document or may be a separate
attachment to the Contract.
WORK, means the furnishing of all materials, equipment, labor,
transportation, services and incidentals necessary to successfully
4/12 version
CONTRACT
A.3.1 Unless otherwise specifically defined in the Contract
Documents, words which have well-known technical
meanings or construction industry meanings are
used in the Contract Documents in accordance with
such recognized meanings. Contract Documents are
intended to be complementary. Whatever is called
for in one, is interpreted to be called for in all.
However, in the event of conflicts or discrepancies
among the Contract Documents, interpretations
will be based on the following descending order of
precedence:
1.
Contract amendments and Change Orders, with
those of later date having precedence over
those of an earlier date;
2.
The Supplemental General Conditions;
3.
The State of Oregon Public Improvement
Agreement
Form;
4.
The General Conditions
5.
The Plans and Specifications
6.
The Solicitation
addenda thereto;
7.
The accepted Offer.
SOLICITATION DOCUMENT, means an invitation to bid or
request for proposal or request for quotes.
SUBSTANTIAL COMPLETION, means the date when the
Owner accepts in writing the construction, alteration or repair of
the improvement to real property or any designated portion
thereof as having reached that state of completion when it may be
used or occupied for its intended purpose. Substantial Completion
of facilities with operating systems occurs only after thirty (30)
continuous Days of successful, trouble-free operation of the
operating systems as provided in Section K.4.2.
OF
Document
and
any
A.3.2
In the case of an inconsistency between Plans and
Specifications or within either document not clarified
by addendum, the better quality or greater quantity of
Work shall be provided in accordance with
the Owner or Owner's Authorized Representative's
interpretation in writing.
A.3.3
If the Contractor finds discrepancies in, or omissions
from the Contract Documents, or if the Contractor
is in doubt as to their meaning, the Contractor shall
at once notify the Owner or Owner's Authorized
Representative.
Matters concerning performance
under, and interpretation of requirements of, the
Contract Documents will be decided by the Owner's
Authorized Representative, who may delegate that
duty in some instances to the Architect/Engineer.
Responses to Contractor's requests for interpretation
of Contract Documents will be made in writing by
Owner's Authorized Representative (or the
Architect/Engineer) within any time limits
agreed upon or otherwise with reasonable
promptness. Interpretations and decisions of the
Owner's Authorized
Representative
(or
Architect/Engineer) will be consistent with the intent
of and reasonably inferable from the Contract
Page 28 of 64
Documents.
Contractor shall not proceed without
direction in writing from the Owner's Authorized
Representative (or Architect/Engineer).
670.600. Contractor represents and warrants that it is not an
officer, employee or agent of the Owner.
A.6 RETIREMENT SYSTEM STATUS AND TAXES
A.3.4
References to standard specifications, manuals, codes
of any technical society, organization or association, to the
laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean
the latest standard specification, manual, code, laws or
regulations in effect in the jurisdiction where the project is
occurring on the first published date of the Solicitation
Document, except as may be otherwise specifically stated.
A.4 EXAMINATION OF PLANS, SPECIFICATIONS, AND
SITE
A.4.1 It is understood that the Contractor, before submitting an
Offer, has made a careful examination of the Contract
Documents; has become fully informed as to the
quality and quantity of materials and the character of
the Work required; and has made a careful examination
of the location and conditions of the Work and the sources
of supply for materials. The Owner will in no case be
responsible for any loss or for any unanticipated costs
that may be suffered by the Contractor as a result of the
Contractor's failure to acquire full information in advance
in regard to all conditions pertaining to the Work. No oral
agreement or conversation with any officer, agent, or
personnel of the Owner, or with the Architect/Engineer
either before or after the execution of this Contract,
shall affect or modify any of the terms or obligations
herein contained.
A.4.2
A.4.3
Should the Plans or Specifications fail to particularly
describe the materials, kind of goods, or details of
construction of any aspect of the Work, Contractor shall
have the duty to make inquiry of the Owner and
Architect/Engineer as to what is required prior to
performance of the Work. Absent Specifications to the
contrary, the materials or processes that would normally be
used to produce first quality finished Work shall be
considered a part of the Contract requirements.
Contractor represents and warrants that it is not a
contributing member of the Public Employees' Retirement
System and will be responsible for any federal or state taxes
applicable to payment received under this Contract.
Contractor will not be eligible for any benefits from these
Contract payments of federal Social Security, employment
insurance, workers' compensation or the Public Employees'
Retirement System, except as a self-employed individual.
Unless the Contractor is subject to backup withholding,
Owner will not withhold from such payments any
amount(s) to cover Contractor’s federal or state tax
obligations.
A.7 GOVERNMENT EMPLOYMENT STATUS
A.7.1
If this payment is to be charged against federal
funds, Contractor represents and warrants that it is
not currently employed by the Federal Government.
This does not preclude the Contractor from
holding another contract with the Federal
Government.
A.7.2
Contractor represents and warrants that Contractor
is not an employee of the State of Oregon for
purposes of performing Work under this Contract.
SECTION B
ADMINISTRATION OF THE CONTRACT
B.1 OWNER’S ADMINISTRATION OF THE
CONTRACT
B.1.1
The Owner’s Authorized Representative will
provide administration of the Contract as described
in the Contract Documents (1) during construction
(2) until final payment is due and (3) during the oneyear period for correction of Work. The Owner’s
Authorized Representative will act on behalf of the
Owner to the extent provided in the Contract
Documents, unless modified in writing in accordance
with other provisions of the Contract.
In
performing these tasks, the Owner’s Authorized
Representative may rely on the Architect/Engineer or
other consultants to perform some or all of these
tasks.
B.1.2
The Owner’s Authorized Representative will visit
the site at intervals appropriate to the stage of the
Contractor’s operations (1) to become generally
familiar with and to keep the Owner informed about
the progress and quality of the portion of the
Work completed, (2) to endeavor to guard the Owner
against defects and deficiencies in the Work, and (3)
to determine in general if Work is being performed
in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract
Documents. The Owner’s Authorized Representative
will not make exhaustive or continuous on-site
inspections to check the quality or quantity of the
Work. The Owner’s Authorized Representative will
neither have control over or charge of, nor be
responsible for the construction means, methods,
techniques, sequences or procedures, or for the
safety precautions and programs in connection with
the Work.
Any design errors or omissions noted by the
Contractor shall be reported promptly to the Owner’s
Authorized Representative, including without limitation,
any nonconformity with applicable laws, statutes,
ordinances, building codes, rules and regulations.
A.4.4 If the Contractor believes that additional cost or Contract
Time is involved because of clarifications or instructions
issued by the Owner's Authorized Representative (or
Architect/Engineer) in response to the Contractor’s notices
or requests for information, the Contractor must submit a
written request to the Owner’s Authorized Representative,
setting forth the nature and specific extent of the request,
including all time and cost impacts against the Contract
as soon as possible, but no later than thirty (30) Days after
receipt by Contractor of the clarifications or instructions
issued. If the Owner’s Authorized Representative denies
Contractor’s request for additional
compensation,
additional Contract Time, or other relief that Contractor
believes results from the clarifications or instructions, the
Contractor may proceed to file a Claim under Section D.3,
Claims Review Process.
If the Contractor fails to
perform the obligations of Sections A.4.1 to A.4.3, the
Contractor shall pay such costs and damages to the Owner
as would have been avoided if the Contractor had
performed such obligations.
A.5 INDEPENDENT CONTRACTOR STATUS
The service or services to be performed under this Contract
are those of an independent contractor as defined in ORS
4/12 version
B.1.3
Except as otherwise provided in the Contract
Documents or when direct communications have
Page 29 of 64
been specifically authorized, the Owner and Contractor
shall endeavor to communicate with each other through
the Owner’s Authorized Representative or designee about
matters arising out of or relating to the Contract.
Communications by and with the Architect/Engineer’s
consultants shall be through the Architect/Engineer.
Communications by and with Subcontractors and material
suppliers shall be through the Contractor. Communications
by and with separate contractors shall be through the
Owner’s Authorized Representative.
B.1.4
Based upon the Architect/Engineer’s evaluations of the
Contractor’s Application for Payment, or unless otherwise
stipulated by the Owner’s Authorized Representative, the
Architect/Engineer will review and certify the amounts
due the Contractor and will issue Certificates for Payment
in such amounts.
B.2 CONTRACTOR'S MEANS AND METHODS;
MITIGATION OF IMPACTS
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. If the
Contract Documents give specific instructions concerning
construction means, methods, techniques, sequences or
procedures, the Contractor shall evaluate the jobsite 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.
B.2.2
The Contractor is responsible to protect and maintain the
Work during the course of construction and to mitigate any
adverse impacts to the project, including those caused by
authorized changes, which may affect cost, schedule, or
quality.
B.2.3
The Contractor is responsible for the actions of all its
personnel, laborers, suppliers, and Subcontractors on the
project. The Contractor shall enforce strict discipline and
good order among Contractor’s employees and other
persons carrying out the Work. The Contractor shall not
permit employment of persons who are unfit or unskilled
for the tasks assigned to them.
B.3 MATERIALS AND WORKMANSHIP
B.3.1
B.3.2
The intent of the Contract Documents is to provide for
the construction and completion in every detail of the
Work described. All Work shall be performed in a
professional manner and unless the means or methods of
performing a task are specified elsewhere in the Contract
Documents, Contractor shall employ methods that are
generally accepted and used by the industry, in accordance
with industry standards.
The Contractor is responsible to perform the Work as
required by the Contract Documents.
Defective
Work shall be corrected at the Contractor's expense.
B.3.3
Work done and materials furnished shall be subject to
inspection and/or observation and testing by the Owner's
Authorized Representative to determine if they conform to
the Contract Documents. Inspection of the Work by the
Owner's Authorized Representative does not relieve the
Contractor of responsibility for the Work in accordance
with the Contract Documents.
B.3.4
Contractor shall furnish adequate facilities, as
required, for the Owner's Authorized Representative to
4/12 version
have safe access to the Work including without
limitation walkways, railings, ladders, tunnels, and
platforms. Producers, suppliers, and fabricators shall
also provide proper facilities and access to their
facilities.
B.3.5 The Contractor shall furnish Samples of materials for
testing by the Owner's Authorized Representative
and include the cost of the Samples in the Contract
Price.
B.4 PERMITS
Contractor shall obtain and pay for all necessary
permits and licenses, except for those specifically excluded
in the Supplemental General Conditions, for the construction
of the Work, for temporary obstructions, enclosures, opening
of streets for pipes, walls, utilities, environmental Work,
etc., as required for the project. Contractor shall be
responsible for all violations of the law, in
connection with the construction or caused by obstructing
streets, sidewalks or otherwise. Contractor shall give all
requisite notices to public authorities. The Contractor shall
pay all royalties and license fees. The Contractor shall
defend all suits or claims for infringement of any patent or
other proprietary rights and save harmless and blameless
from loss, on account thereof, the State of Oregon, and
its departments, divisions, members and employees.
B.5 COMPLIANCE WITH GOVERNMENT
LAWS AND REGULATIONS
B.5.1 Contractor shall comply with all federal, state and
local laws, codes, regulations and ordinances
applicable to the Work and the Contract. Failure
to comply with such requirements shall constitute a
breach of Contract and shall be grounds for Contract
termination. Without limiting the generality of the
foregoing, Contractor expressly agrees to comply
with the following as applicable: i) Title VI and VII
of Civil Rights Act of 1964, as amended; (ii)
Section
503 and 504 of the Rehabilitation Act of 1973, as
amended; (iii) the Health Insurance Portability and
Accountability Act of 1996; (iv) the Americans with
Disabilities Act of 1990, as amended; (v) ORS
Chapter 659A; as amended (vi) all regulations and
administrative rules established pursuant to the
foregoing laws; and (vii) all other applicable
requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
Owner’s performance under the Contract is
conditioned upon Contractor's compliance with the
provisions
of
ORS
279C.505,
279C.510,
279C.515,
279C.520, and 279C.530, which are incorporated by
reference herein.
B.5.2 Contractor shall comply with all applicable
requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations; and
(a) Contractor shall not discriminate against
Disadvantaged, Minority, Women or Emerging
Small Business enterprises, as those terms are
defined in ORS 200.005, or a business
enterprise that is owned or controlled by or that
employs a disabled veteran, as that term is
defined in ORS 408.225, in the awarding of
subcontracts.
(b)
Contractor shall maintain, in current and valid
form, all licenses and certificates required
Page 30 of 64
by law, regulation,
performing the Work.
B.5.3
B.5.4
or
this
Contract
when
Unless contrary to federal law, Contractor shall
certify that it shall not accept a bid from Subcontractors to
perform Work as described in ORS
701.005 under this Contract unless such Subcontractors are
registered with the Construction Contractors Board in
accordance with ORS 701.035 to 701.055 at the time
they submit their bids to the Contractor.
Unless contrary to federal law,
certify that each landscape contractor,
671.520(2), performing Work under
a valid landscape contractor's license
ORS 671.560.
B.7.4
As required by the Contract Documents, Work done
or material used without inspection or testing by the
Owner's Authorized Representative may be ordered
removed at the Contractor's expense.
B.7.5
If directed to do so any time before the Work is
accepted, the Contractor shall uncover portions of
the completed Work for inspection.
After
inspection, the Contractor shall restore such portions
of Work to the standard required by the Contract.
If the Work uncovered is unacceptable or was done
without sufficient notice to the Owner's Authorized
Representative, the uncovering and restoration shall
be done at the Contractor's expense. If the Work
uncovered is acceptable and was done with sufficient
notice to the Owner's Authorized Representative, the
uncovering and restoration will be paid for as a
Change Order.
B.7.6
If any testing or inspection reveals failure of the
portions of the Work to comply with requirements
established by the Contract Documents, all costs
made necessary by such failure, including those of
repeated procedures and compensation for the
Owner’s
Authorized
Representative’s
and
Architect/Engineer’s services and expenses, shall be
at the Contractor’s expense.
B.7.7
When the United States government participates in
the cost of the Work, or the Owner has an agreement
with other public or private organizations, or if any
portion of the Work is being performed for a
third party or in close proximity to third party
facilities, representatives of these organizations have
the right to inspect the Work affecting their interests
or property. Their right to inspect shall not make
them a party to the Contract and shall not interfere
with the rights of the parties of the Contract.
Instructions or orders of such parties shall be
transmitted to the Contractor, through the Owner's
Authorized Representative.
Contractor shall
as defined in ORS
this Contract holds
issued pursuant to
B.5.5 The following notice is applicable to Contractors who
perform excavation Work. ATTENTION: Oregon law
requires you to follow rules adopted by the Oregon Utility
Notification Center. Those rules are set forth in OAR
952-001-0010 through OAR 952-001-0090. You may
obtain copies of the rules by calling the center at
(503)232-1987.
B.5.6
and promptly delivered to the Owner’s Authorized
Representative.
Failure to comply with any or all of the requirements of
B.5.1 through B.5.5 shall be a breach of Contract and
constitute grounds for Contract termination. Damages or
costs resulting from such noncompliance shall be the
responsibility of Contractor.
B.6 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.7 INSPECTION
B.7.1 Owner's Authorized Representative shall have access to
the Work at all times.
B.7.2
B.7.3
Inspection of the Work will be made by the Owner's
Authorized Representative at its discretion. The Owner’s
Authorized Representative will have authority to reject
Work that does not conform to the Contract Documents.
Any Work found to be not in conformance with the
Contract Documents, in the discretion of the Owner's
Authorized Representative, shall be removed and replaced
at the Contractor's expense.
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.
Unless otherwise provided, the
Contractor shall make arrangements for such tests,
inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with
the appropriate public authority, and shall bear all related
costs of tests, inspections and approvals.
Tests or
inspections conducted pursuant to the Contract Documents
shall be made promptly to avoid unreasonable delay in
the Work.
The Contractor shall 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
4/12 version
B.8 SEVERABILITY
If any provision of this Contract is declared by a court
to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall not be affected and the
rights and obligations of the parties shall be construed and
enforced as if the Contract did not contain the particular
provision held to be invalid.
B.9 ACCESS TO RECORDS
B.9.1
Contractor shall keep, at all times on the Work site,
one record copy of the complete Contract
Documents, including the Plans, Specifications,
Change Orders and addenda, in good order and
marked currently to record field changes and
selections made during construction, and one record
copy of Shop Drawings, Product Data, Samples and
similar submittals, and shall at all times give the
Owner's Authorized Representative access thereto.
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,
Page 31 of 64
excerpts and transcripts. If for any reason, any part of
the Contract is involved in litigation, Contractor shall
retain all such records until all litigation is resolved. The
Owner and/or its agents shall continue to be provided full
access to the records during litigation.
B.10 WAIVER
Failure of the Owner to enforce any provision of this Contract
shall not constitute a waiver or relinquishment by the Owner of
the right to such performance in the future nor of the right to
enforce any other provision of this Contract.
which generally will be in the sequence that the contracts
were awarded.
B.14 OTHER CONTRACTS
In all cases and at any time, the Owner has the right to
execute other contracts related to or unrelated to the Work of
this Contract. The Contractor of this Contract will fully
cooperate with any and all other contractors without
additional cost to the Owner in the manner described in
section B.13.
B.15 GOVERNING LAW
B.11 SUBCONTRACTS AND ASSIGNMENT
B.11.1 Contractor shall require each Subcontractor, to the extent of
the Work to be performed by the Subcontractor, to be
bound by the terms and conditions of these General
Conditions, and to assume toward the Contractor all of
the obligations and responsibilities which the Contractor
assumes toward the Owner thereunder, unless (1) the
same are clearly inapplicable to the subcontract at issue
because of legal requirements or industry practices, or (2)
specific exceptions are requested by Contractor and
approved in writing by Owner. Where appropriate,
Contractor shall require each Subcontractor to enter into
similar agreements with sub-subcontractors at any level.
B.11.2 At Owner’s request, Contractor shall submit to
Owner prior to their execution either Contractor’s form
of subcontract, or the subcontract to be executed
with any particular Subcontractor. If Owner disapproves
such form, Contractor shall not execute the form until the
matters disapproved are resolved to Owner’s satisfaction.
Owner’s review, comment upon or approval of any such
form shall not relieve Contractor of its obligations under
this Agreement or be deemed a waiver of such
obligations of Contractor.
B.11.3 Contractor shall not assign, sell, or transfer its rights, or
delegate its responsibilities under this Contract, in whole or
in part, without the prior written approval of the Owner.
No such written approval shall relieve Contractor of any
obligations of this Contract, and any transferee shall be
considered the agent of the Contractor and bound to
perform in accordance with the Contract Documents.
Contractor shall remain liable as between the original
parties to the Contract as if no assignment had occurred.
This Contract shall be governed by and construed in
accordance with the laws of the State of Oregon without
regard to principles of conflict of laws.
B.16 LITIGATION
Any Claim between Owner and Contractor that arises
from or relates to this Contract 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 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.
B.17 ALLOWANCES
B.17.1 The Contractor shall include in the Contract Price all
allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such
amounts and by such persons or entities as the
Owner may direct.
B.17.2 Unless otherwise provided in the Contract
Documents:
B.12 SUCCESSORS IN INTEREST
(a)
The provisions of this Contract shall be binding upon and
shall accrue to the benefit of the parties to the
Contract and their respective permitted successors and
assigns.
B.13 OWNER'S RIGHT TO DO WORK
Owner reserves the right to perform other or additional work
at or near the project site with other forces than those of the
Contractor. If such work takes place within or next to the project
site, Contractor will coordinate work with the other contractors
or forces, cooperate with all other contractors or forces, carry out
the Work in a way that will minimize interference and delay for
all forces involved, place and dispose of materials being used so
as not to interfere with the operations of another, and join the
Work with the work of the others in an acceptable manner and
perform it in proper sequence to that of the others. The Owner’s
Authorized Representative will resolve any disagreements that may
arise between or among Contractor and the other contractors over
the method or order of doing all work (including the Work). In
case of unavoidable interference, the Owner’s Authorized
Representative will establish work priority (including the Work)
4/12 version
when finally reconciled, allowances shall
cover the cost to the Contractor of materials
and equipment delivered at the site and all
required taxes, less applicable trade discounts;
(b) Contractor’s costs for unloading and handling at
the site, labor, installation costs, Overhead,
profit and other expenses contemplated for
stated allowance amounts shall be included in
the Contract Price but not in the allowances;
(c)
whenever costs are more than or less than
allowances, the Contract Price shall be adjusted
accordingly by Change Order. The amount
of the Change Order shall reflect (i) the
difference between actual costs and the
allowances under Section B.17.2(a) and (2)
changes in Contractor’s costs under Section
B.17.2(b).
(d)
Unless Owner requests otherwise, Contractor
shall provide to Owner a proposed fixed
price for any allowance work prior to its
performance.
Page 32 of 64
B.18 SUBMITTALS, SHOP DRAWINGS, PRODUCT DATA
AND SAMPLES
B.18.1 The Contractor shall prepare and keep current, for the
Architect’s/Engineer’s approval (or for the approval
of Owner’s Authorized Representative if approval
authority has not been delegated to the Architect/Engineer),
a schedule and list of submittals which is coordinated
with the Contractor's construction schedule and
allows
the Architect/Engineer reasonable
time
to
review
submittals.
Owner reserves the right to finally approve
the schedule and list of submittals. Submittals include,
without limitation, Shop Drawings, Product Data, and
Samples which are described below:
(a) Shop Drawings are drawings, diagrams, schedules
and other data specially prepared for the Work by the
Contractor or a Subcontractor (including any subsubcontractor), manufacturer, supplier or distributor
to illustrate some portion of the Work.
(b) Product Data are illustrations, standard schedules,
performance charts, instructions, brochures, diagrams
and other information furnished by the Contractor
to illustrate materials or equipment for some portion
of the Work.
(c)
Samples are physical examples which illustrate
materials, equipment or workmanship and establish
standards by which the Work will be judged.
B.18.2 Shop Drawings, Product Data, Samples and similar
submittals are not Contract Documents.
The
purpose of their submittal is to demonstrate for those
portions of the Work for which submittals are
required by the Contract Documents the way by which
the Contractor proposes to conform to the information
given and the design concept expressed in the Contract
Documents.
Review of submittals by the
Architect/Engineer is not conducted for the purpose of
determining the accuracy and completeness of other
details such as dimensions and quantities, or for
substantiating instructions for installation or performance
of equipment or systems, or for approval of safety
precautions or, unless otherwise specifically stated by
the Architect/Engineer, of any construction means,
methods, techniques, sequences or procedures, all of
which remain the responsibility of the Contractor as
required by the Contract Documents.
The
Architect/Engineer’s review of the Contractor’s submittals
shall not relieve the Contractor of its obligations under the
Contract Documents. The Architect/Engineer’s approval
of a specific item shall not indicate approval of an
assembly of which the item is a component.
Informational
submittals
upon
which
the
Architect/Engineer is not expected to take responsive
action may be
so identified in the Contract
Documents. Submittals which are not required by the
Contract
Documents
may
be returned by the
Architect/Engineer without action.
B.18.3 The Contractor shall review for compliance with the
Contract Documents, approve and submit to the
Architect/Engineer Shop Drawings, Product Data, Samples
and similar submittals required by the Contract
Documents with reasonable promptness and in such
sequence as to cause no delay in the Work or in the
activities of the Owner or of separate contractors.
Submittals which are not marked as reviewed
for
compliance with the Contract Documents and approved
by the Contractor may be returned by the
Architect/Engineer without action.
4/12 version
B.18.4 By approving and submitting Shop Drawings,
Product Data, Samples and similar submittals, the
Contractor represents that the Contractor has
determined and verified materials, field
measurements and field construction criteria related
thereto, or will do so, and has checked and
coordinated the information contained within
such submittals with the requirements of the Work
and of the Contract Documents.
B.18.5 The Contractor shall perform no portion of the
Work for which the Contract Documents require
submittal and
review of
Shop
Drawings,
Product Data, Samples or similar submittals until
the respective submittal has been approved by the
Architect/Engineer.
B.18.6 The Work shall be in accordance with approved
submittals except that the Contractor shall not be
relieved of responsibility for deviations from
requirements of the Contract Documents by the
Architect/Engineer’s review or approval of Shop
Drawings, Product Data, Samples or similar
submittals unless the Contractor has specifically
informed the Architect/Engineer in writing of such
deviation at the time of submittal and (i) the
Architect/Engineer has given written approval to the
specific deviation as a minor change in the Work, or
(ii) a Change Order has been executed by Owner
authorizing the deviation. The Contractor shall
not be relieved of responsibility for errors or
omissions in Shop Drawings, Product Data, Samples
or similar submittals by the Architect/Engineer’s
review or approval thereof.
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
Authorized
Representative.
B.19 SUBSTITUTIONS
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;
represents that the Contractor will provide the same
warranty for the Substitution that the Contractor would for
the product originally specified 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.20 USE OF PLANS AND SPECIFICATIONS
Plans, Specifications and related Contract Documents
furnished to Contractor by Owner
or
Owner’s
Architect/Engineer shall be used solely for the performance
of the Work under this Contract. Contractor and its
Subcontractors and suppliers are authorized to use and
reproduce
applicable
portions
of such
documents appropriate to the execution of the Work, but
shall not claim any ownership or other interest in them
Page 33 of 64
beyond the scope of this Contract, and no such interest shall
attach. Unless otherwise indicated, all common law, statutory and
other reserved rights, in addition to copyrights, are retained by
Owner.
once a month, by the fifth business day of the
following month.
The Contractor and Subcontractors shall preserve
the certified statements for a period of ten (10) years
from the date of completion of the Contract.
B.21 FUNDS AVAILABLE AND AUTHORIZED
Owner reasonably believes at the time of entering into this
Contract that sufficient funds are available and authorized
for expenditure to finance the cost of this Contract within
the Owner's appropriation or limitation. Contractor understands and
agrees that, to the extent that sufficient funds are not available and
authorized for expenditure to finance the cost of this Contract,
Owner’s payment of amounts under this Contract attributable to
Services performed after the last day of the current biennium is
contingent on Owner receiving from the Oregon Legislative
Assembly appropriations, limitations or other expenditure
authority sufficient to allow Owner, in the exercise of its
reasonable administrative discretion, to continue to make payments
under this Contract.
B.22 NO THIRD PARTY BENEFICIARIES
Owner and Contractor are the only parties to this Contract
and are the only parties entitled to enforce its terms. Nothing
in this Contract gives, is intended to give, or shall be construed to
give or provide any benefit or right, whether directly, indirectly, or
otherwise, to third persons unless such third persons are
individually identified by name herein and expressly described as
intended beneficiaries of the terms of this Contract.
SECTION C
WAGES AND LABOR
C.1 MINIMUM
WORKS
WAGE
RATES
ON
PUBLIC
Contractor shall comply fully with the provisions of
ORS 279C.800 through 279C.870. Documents establishing those
conditions, as determined by the Commissioner of the Bureau of
Labor and Industries (BOLI), are included as attachments to or are
incorporated by reference in the Contract Documents. Contractor
shall pay workers at not less than the specified minimum hourly
rate of wage, and shall include that requirement in all
subcontracts.
C.2.2 Pursuant to ORS 279C.845(7),the Owner shall retain
25 percent of any amount earned by the Contractor
on this public works project until the Contractor has
filed the certified statements required by section
C.2.1. The Owner shall pay to the Contractor the
amount retained under this subsection within 14 days
after the Contractor files the required certified
statements, regardless of whether a Subcontractor has
failed to file certified statements.
C.2.3
Pursuant to ORS 279C.845(8), the Contractor shall
retain 25 percent of any amount earned by a first-tier
Subcontractor on this public works project until the
first-tier Subcontractor has filed with the Owner
the certified statements required by C.2.1. Before
paying any amount retained under this subsection,
the Contractor shall verify that the first-tier
Subcontractor has filed the certified statement,
Within 14 days after the first-tier Subcontractor files
the required certified statement the Contractor shall
pay the first-tier Subcontractor any amount retained
under this subsection.
C.2.4 In accordance with statutory requirements, and
administrative rules
promulgated
by the
Commissioner of the Bureau of Labor and
Industries, the fee required by ORS 279C.825(1)
will be paid by Owner to the Commissioner.
C.3 PROMPT PAYMENT AND CONTRACT
CONDITIONS
C.3.1
Pursuant to ORS 279C.505 and as a condition to
Owner’s
performance
hereunder,
the
Contractor shall:
C.3.1.1
Make payment promptly, as due, to all
persons supplying to Contractor labor or
materials for the prosecution of the Work
provided for in this Contract.
C.3.1.2
Pay all contributions or amounts due the
State Industrial Accident Fund from such
Contractor or Subcontractor incurred in the
performance of the Contract.
C.3.1.3
Not permit any lien or claim to be filed or
prosecuted against the Owner on account of
any labor or material furnished. Contractor
will not assign any claims that Contractor has
against Owner, or assign any sums due by
Owner, to Subcontractors,
suppliers,
or
manufacturers, and will not make any
agreement or act in any way to give
Subcontractors a claim or standing to make a
claim against the Owner.
C.3.1.4
Pay to the Department of Revenue all sums
withheld from employees pursuant to
ORS 316.167.
C.3.1.5
Demonstrate that an employee drug testing
program is in place as follows:
C.2 PAYROLL CERTIFICATION; ADDITIONAL
RETAINAGE; FEE REQUIREMENTS
C.2.1
In accordance with ORS 279C.845, the Contractor and
every Subcontractor shall submit written certified
statements to the Owner's Authorized Representative, on
the form prescribed by the Commissioner of the Bureau of
Labor and Industries, certifying the hourly rate of wage
paid each worker which the Contractor or the
Subcontractor has employed on the project and further
certifying that no worker employed on the project has been
paid less than the prevailing rate of wage or less than the
minimum hourly rate of wage specified in the
Contract, which certificate and statement shall be verified
by the oath of the Contractor or the Subcontractor that the
Contractor or Subcontractor has read the certified
statement, that the Contractor or Subcontractor knows the
contents of the certified statement and that to the
Contractor’s or Subcontractor's best knowledge and belief
the certified statement is true. The certified statements
shall set out accurately and completely the payroll records
for the prior week including the name and address of each
worker, the worker's correct classification, rate of pay,
daily and weekly number of hours worked, deductions
made and actual wages paid.
Certified statements for
each week during which the Contractor or Subcontractor
has employed a worker on the project shall be submitted
4/12 version
(a) Contractor represents and warrants that
Contractor has in place at the time of the
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execution of this Contract, and shall maintain
during the term of this Contract, a Qualifying
Employee Drug Testing Program for its employees
that includes, at a minimum, the following:
the rate of interest shall not exceed thirty (30)
percent. The amount of interest may not be
waived.
C.3.2.3
(1) A written employee drug testing policy,
(2) Required drug testing for all new Subject
Employees or, alternatively, required testing of
all Subject Employees every 12 months on a
random selection basis, and
(3) Required testing of a Subject Employee when
the Contractor has reasonable cause to believe
the Subject Employee is under the influence of
drugs.
C.3.3
A drug testing program that meets the above requirements
will be deemed a “Qualifying Employee Drug Testing
Program.”
For the purposes of this section, an
employee is a “Subject Employee” only if that employee will
be working on the project job site.
Pursuant to ORS 279C.580, Contractor shall include
in each subcontract for property or services entered
into by the Contractor and a first-tier Subcontractor,
including a material supplier, for the purpose of
performing a construction contract:
(a)
A payment clause that obligates the
Contractor to pay the first-tier Subcontractor
for satisfactory performance under its
subcontract within ten (10) Days out of
such amounts as are paid to the Contractor by
Owner under the Contract;
(b)
An interest penalty clause that obligates the
Contractor if payment is not made within thirty
(30) Days after receipt of payment from Owner,
to pay to the first-tier Subcontractor an interest
penalty on amounts due in the case of each
payment not made in accordance with the
payment clause included in the subcontract
pursuant to paragraph (a) of this subsection.
Contractor or first-tier Subcontractor shall not
be obligated to pay an interest penalty if the
only reason that the Contractor or first-tier
Subcontractor did not make payment when
payment was due is that the Contractor or firsttier Subcontractor did not receive payment from
Owner or Contractor when payment was due. The
interest penalty shall be for the period beginning
on the day after the required payment date and
ending on the date on which payment of the
amount due is made; and shall be computed at the
rate specified in ORS 279C.515(2).
(c)
A clause which requires each of Contractor's
Subcontractor's to include, in each of their
contracts with lower-tier Subcontractors or
suppliers, provisions to the effect that the firsttier Subcontractor shall pay its lower-tier
Subcontractors and suppliers in accordance
with the provisions of subsections (a) and (b),
above
and
requiring
each
of
their
Subcontractors and suppliers to include such
clauses in their subcontracts and supply contracts.
(b) Contractor shall require each Subcontractor providing
labor for the project to:
(1)
(2)
Demonstrate to the Contractor that it has a
Qualifying Employee Drug Testing Program for
the Subcontractor’s Subject Employees, and
represent and warrant to the Contractor that the
Qualifying Employee Drug Testing Program is
in place at the time of subcontract execution
and will continue in full force and effect for
the duration of the subcontract, or
Require that the Subcontractor’s Subject
Employees participate in the Contractor’s
Qualifying Employee Drug Testing Program
for the duration of the subcontract.
C.3.2 Pursuant to ORS 279C.515, and as a condition to
Owner's performance hereunder, Contractor agrees:
C.3.2.1
C.3.2.2
If Contractor fails, neglects or refuses to make
prompt payment of any claim for labor or
services furnished to the Contractor or a
Subcontractor by any person in connection with the
project as such claim becomes due, the proper
officer(s) representing the Owner may pay the
claim and charge the amount of the payment against
funds due or to become due Contractor under this
Contract. Payment of claims in this manner shall not
relieve the Contractor or the Contractor's surety from
obligation with respect to any unpaid claims.
If the Contractor or a first-tier Subcontractor
fails, neglects or refuses to make payment to a person
furnishing labor or materials in connection with the
public contract for a public improvement within thirty
(30) Days after receipt of payment from Owner or a
contractor, the contractor or first-tier Subcontractor
shall owe the person the amount due plus interest
charges commencing at the end of the 10-Day
period that payment is due under ORS
279C.580(3) and ending upon final payment, unless
payment is subject to a good faith dispute as
defined in ORS 279C.580. The rate of interest
charged to the Contractor or first-tier Subcontractor
on the amount due shall equal three times the
discount rate on 90-Day commercial paper in effect at
the Federal Reserve Bank in the Federal Reserve
district that includes Oregon on the date that is thirty
(30) Days after the date when payment was
received from Owner or from the Contractor, but
4/12 version
C.3.4
If the Contractor or a Subcontractor fails,
neglects or refuses to make payment to a
person furnishing labor or materials in
connection with the Contract, the person
may file a complaint with the Construction
Contractors Board, unless payment is subject to
a good faith dispute as defined in
ORS 279C.580. Every contract related to
this Contract shall contain a similar clause.
All employers, including Contractor, that
employ subject workers who work under this contract
in the State of Oregon shall comply with ORS
656.017 and provide the required Workers’
Compensation coverage, unless such employers are
exempt under ORS 656.126.
Contractor shall
ensure that each of its Subcontractors complies with
these requirements.
C.4 PAYMENT FOR MEDICAL CARE
Pursuant to ORS 279C.530, and as a condition to
Owner's performance hereunder, Contractor shall promptly,
as due, make payment to any person, partnership,
Page 35 of 64
association or corporation furnishing medical, surgical, and hospital
care or other needed care and attention, incident to sickness or
injury, to the employees of such Contractor, all sums of which
the Contractor agrees to pay for such services and all moneys
and sums which the Contractor has collected or deducted from the
wages of personnel pursuant to any law, contract or agreement
for the purpose of providing or paying for such services.
(c) Increases or decreases to the amount of
Work.
(d) Addition or elimination of any Work item.
(e) Change in the duration of the project.
(f)
C.5 HOURS OF LABOR
As a condition to Owner's performance hereunder, Contractor
shall comply with ORS 279C.520, as amended from time to time
and incorporated herein by this reference:
(g) Deductive changes.
Deductive changes are those that reduce the scope
of the Work, and shall be made by mutual
agreement whenever feasible, as determined by
Owner.
In cases of suspension or partial
termination under Section J, Owner reserves the
right to unilaterally impose a deductive change and
to self perform such Work, for which the
provisions of B.13 (Owner’s Right to Do Work)
shall then apply.
Pursuant to ORS 279C.520 and as a condition to Owner's
performance hereunder, no person shall be employed to perform
Work under this Contract for more than ten (10) hours in any
one day or forty (40) hours in any one week, except in cases of
necessity, emergency or where public policy absolutely requires it.
In such instances, Contractor shall pay the employee at least time
and a half pay:
Adjustments in compensation shall be made under
the provisions of D.1.3, in which costs for deductive
changes shall be based upon a Direct Costs
adjustment together with the related percentage
markup specified for profit, Overhead and other
indirect costs, unless otherwise agreed to by Owner.
(a) For all overtime in excess of eight (8) hours a day or
forty (40) hours in any one week when the work
week is five consecutive Days, Monday through
Friday; or
(b)
(c)
For all overtime in excess of ten (10) hours a day
or forty (40) hours in any one week when the
work week is four consecutive Days, Monday
through Friday; and
For all Work performed on Saturday and on any legal
holiday specified in ORS 279C.540.
D.1.3
The Owner and Contractor agree that Change Order
Work shall be administered and compensated
according to the following:
(a)
Unit pricing may be utilized at the
Owner’s option when unit prices or solicitation
alternates were provided that established the
cost for additional Work, and a binding
obligation exists under the Contract on the
parties covering the terms and conditions of the
additional Work.
(b)
If the Owner elects not to utilize unit pricing,
or in the event that unit pricing is not available
or appropriate, fixed pricing may be used for
Change Order Work. In fixed pricing the
basis of payments or total price shall be agreed
upon in writing between the parties to the
Contract, and shall be established before the
Work is done whenever feasible.
The
mark-ups set forth in D.1.3(c) shall be
utilized by the parties as a guide in
establishing fixed pricing, and will not be
exceeded by Owner without adequate
justification. Cost and price data relating to
Change Orders shall be supplied by Contractor
to Owner upon request, but Owner shall be
under no obligation to make such requests.
(c)
In the event that unit pricing and fixed
pricing are not utilized, then Change Order
Work shall be performed on a cost
reimbursement basis for Direct Costs. Such
Work shall be compensated on the basis of the
actual, reasonable and allowable cost of labor,
equipment, and material furnished on the
Work performed. In addition, the following
markups shall be added to the Contractor's or
Subcontractor's
Direct
Costs
as
full
compensation for profit, Overhead and other
indirect costs for Work directly performed with
the Contractor’s or Subcontractor’s own forces:
This section C.5 will not apply to Contractor's Work under this
Contract if Contractor is currently a party to a collective bargaining
agreement with any labor organization.
This Section C.5 shall not excuse Contractor from completion
of the Work within the time required under this Contract.
SECTION D
CHANGES IN THE WORK
D.1 CHANGES IN WORK
D.1.1
The terms of this Contract shall not be waived,
altered, modified, supplemented or amended in any
manner whatsoever without prior written approval of the
Owner's Authorized Representative, and then only in a
manner consistent with the Change Order provisions of
this Section D.1 and after any necessary approvals
required by public contracting laws have been obtained.
Otherwise, a formal contract amendment is required,
which shall not be effective until its execution by the
parties to this Contract and all approvals required by public
contracting laws have been obtained.
D.1.2
It is mutually agreed that changes in Plans,
quantities, or details of construction are inherent in the
nature of construction and may be necessary or desirable
during the course of construction. Within the general
scope of this Contract, the Owner's Authorized
Representative may at any time, without notice to the
sureties and without impairing the Contract,
require
changes consistent with this Section D.1. All Change
Order Work shall be executed under the conditions of the
Contract Documents. Such changes may include, but are
not limited to:
Acceleration or delay in performance of
Work.
(a) Modification of specifications and design.
On Labor..................... 15%
(b) Increases or decreases in quantities.
4/12 version
Page 36 of 64
On Equipment.............. 10%
On Materials................. 10%
by Subcontractors, suppliers, and manufacturers to
Contractor prior to including those requests and
Contractor’s analysis and evaluation of those
requests with Contractor’s requests for additional
compensation or Contract Time that Contractor
submits to the Owner’s Authorized Representative.
Failure of Subcontractors, suppliers, manufacturers
or others to submit their requests to Contractor for
inclusion with Contractor’s requests submitted to
Owner’s Authorized Representative within the time
period and by the means described in this section
shall constitute a waiver of these Subcontractor
claims. The Owner’s Authorized Representative and
the Owner will not consider direct requests or
claims from Subcontractors, suppliers, manufacturers
or others not a party to this Contract.
The
consideration of such requests and claims under this
section does not give any person, not a party to the
Contract the right to bring a claim against the State
of Oregon, whether in this claims process, in
litigation, or in any dispute resolution process.
When Change Order Work under D.1.3(c)
is invoiced by an authorized Subcontractor at any
level, each ascending tier Subcontractor or
Contractor will be allowed a 5% supplemental
mark-up on each piece of subcontract Work
covered by such Change Order.
Payments made to the Contractor shall be complete
compensation for Overhead, profit, and all costs that were
incurred by the Contractor or by other forces furnished by
the Contractor, including Subcontractors, for Change
Order Work. Owner may establish a maximum cost for
Change Order Work under this Section D.1.3(c), which
shall not be exceeded for reimbursement without
additional written authorization from Owner. Contractor
shall not be required to complete such Change Order
Work without additional authorization.
D.1.4
D.1.5
Any necessary adjustment of Contract Time that may be
required as a result of a Change Order must be agreed upon
by the parties before the start of the Change Order Work
unless Owner’s Authorized Representative authorizes
Contractor to start the Work before agreement on
Contract Time adjustment. Contractor shall submit any
request for additional compensation (and additional
Contract Time if Contractor was authorized to start
Work before an adjustment of Contract Time was
approved) as soon as possible but no later than thirty (30)
Days after receipt of the Change Order. If Contractor’s
request for additional compensation or adjustment of
Contract Time is not made within the thirty (30) day time
limit, Contractor’s requests pertaining to that Change
Order are barred.
The thirty (30) day time limit for
making requests shall not be extended for any reason,
including without limitation Contractor’s claimed inability
to determine the amount of additional compensation or
adjustment of Contract Time, unless an extension is
granted in writing by Owner. If the Owner’s Authorized
Representative denies Contractor’s request for additional
compensation or adjustment of Contract Time, Contractor
may proceed to file a Claim under Section D.3, Claims
Review Process. No other reimbursement, compensation,
or payment will be made, except as provided in Section
D.1.5 for impact claims.
If any Change Order Work under Section D.1.3
causes an increase or decrease in the Contractor's cost
of, or the Contract Time required for the performance of,
any other part of the Work under this Contract, the
Contractor must submit a written request to the
Owner’s Authorized Representative, setting forth the
nature and specific extent of the request, including all
time and cost impacts against the Contract as soon as
possible, but no later than thirty (30) Days after receipt of
the Change Order by Contractor.
The thirty (30) day time limit applies to claims of
Subcontractors, suppliers, or manufacturers that may be
affected by the Change Order and that request additional
compensation or an extension of Contract Time to perform;
Contractor has responsibility for contacting its
Subcontractors, suppliers, or manufacturers within the
thirty (30) day time limit, and including their requests
with Contractor’s requests. If the request involves Work
to be completed by Subcontractors, or materials to be
furnished by suppliers or manufacturers, such requests
shall be submitted to the Contractor in writing with full
analysis and justification for the compensation and
additional Contract Time requested. The Contractor will
analyze and evaluate the merits of the requests submitted
4/12 version
If the Owner’s Authorized Representative denies the
Contractor’s request for additional compensation or
an extension of Contract Time, the Contractor may
proceed to file a Claim under Section D.3, Claims
Review Process.
D.1.6 No request or Claim by the Contractor for additional
costs or an extension of Contract Time shall be
allowed if made after receipt of final payment
application under this Contract. Contractor agrees to
submit its final payment application within ninety
(90) days after Substantial Completion, unless
written extension is granted by Owner. Contractor
shall not delay final payment application for any
reason, including without limitation nonpayment of
Subcontractors, suppliers, manufacturers or others
not a party to this Contract, or lack of resolution of a
dispute with Owner or any other person of matters
arising out of or relating to the Contract.
If Contractor fails to submit its final payment
application within ninety (90) days after Substantial
Completion, and Contractor has not obtained written
extension by Owner, all requests or Claims for
additional costs or an extension of Contract
Time shall be waived.
D.1.7
It is understood that changes in the Work are
inherent in construction of this type. The number
of changes, the scope of those changes, and the effect
they have on the progress of the original Work
cannot be defined at this time. The Contractor is
notified that numerous changes may be required and
that there will be no compensation made to the
Contractor directly related to the number of changes.
Each change will be evaluated for extension of
Contract Time and increase or decrease in
compensation based on its own merit.
D.2 DELAYS
D.2.1
Delays in construction include “Avoidable Delays”,
which are defined in Section D.2.1.1, and
“Unavoidable Delays”, which are defined in Section
D.2.1.2. The effect of Avoidable Delays is described
in
Section
D.2.2
and
the
effect
of
Unavoidable Delays is described in Section D.2.3.
D.2.1.1 Avoidable Delays include any delays other than
Unavoidable Delays, and include delays that
otherwise would be considered Unavoidable Delays
but that:
Page 37 of 64
(a)
Could have been avoided by the exercise of care,
prudence, foresight, and diligence on the part of the
Contractor or its Subcontractors.
(b)
Affect only a portion of the Work and do not
necessarily prevent or delay the prosecution of other
parts of the Work nor the completion of the whole
Work within the Contract Time.
(c)
Do not impact activities on the accepted critical path
schedule.
(d)
Are associated with the reasonable interference of
other contractors employed by the Owner that do
not necessarily prevent the completion of the whole
Work within the Contract Time.
(i)
Daily rainfall equal to, or greater
than,
0.50 inch during a month when the monthly
rainfall exceeds the normal monthly average
by twenty-five percent (25 %) or more.
(ii)
daily rainfall equal to, or greater
than,
0.75 inch at any time. The Office of the
Environmental Data Service of the National
Oceanic and Atmospheric Administration of
the U.S. Department of Commerce
nearest the project site shall be considered
the official agency of record for weather
information.
D.2.2
Except as otherwise provided in ORS 279C.315,
Contractor shall not be entitled to additional
compensation or additional Contract Time for
Avoidable Delays.
D.2.3
In the event of Unavoidable Delays, based on
principles of equitable adjustment, Contractor
may be entitled to the following:
D.2.1.2 Unavoidable Delays include delays other than
Avoidable Delays that are:
(a)
Caused by any actions of the Owner, Owner’s
Authorized Representative, or any other employee or
agent of the Owner, or by separate contractor
employed by the Owner.
(b) Caused by any site conditions which differ materially
from what was represented in the Contract
Documents or from conditions that would normally
be expected to exist and be inherent to the
construction activities defined in the Contract
Documents.
The Contractor shall notify the
Owner’s Authorized Representative immediately of
differing site conditions before the area has been
disturbed. The Owner’s Authorized Representative
will investigate the area and make a determination as
to whether or not the conditions differ materially
from either the conditions stated in the Contract
Documents or those which could reasonably be
expected in execution of this particular Contract. If
Contractor
and
the
Owner’s
Authorized
Representative agree that a differing site condition
exists, any additional compensation or additional
Contract Time will be determined based on the
process set forth in Section D.1.5 for Change Order
Work.
If the Owner’s Authorized Representative
disagrees that a differing site condition exists and
denies Contractor’s
request
for
additional
compensation or Contract Time, Contractor may
proceed to file a Claim under Section D.3, Claims
Review Process.
(c) Caused by Force Majeure acts, events or occurrences
that could not have been avoided by the exercise
of care, prudence, foresight, and diligence on the
part of the Contractor or its Subcontractors.
(d) Caused by adverse weather conditions. Any adverse
weather conditions must be substantiated by
documentary evidence that weather conditions were
abnormal for the specific time period claimed,
could not have been anticipated by the Contractor,
and adversely impacted the project in a manner that
could not be avoided by rescheduling the Work or by
implementing measures to protect against the
weather so that the Work could proceed. A rain,
windstorm, high water, or other natural phenomenon
for the specific locality of the Work, which
might reasonably have been anticipated from the
previous 10-year historical records of the general
locality of the Work, shall not be construed as
abnormal.
The parties agree that rainfall greater
than the following levels cannot be reasonably
anticipated:
4/12 version
(a) Contractor may be entitled to additional
compensation or additional Contract Time, or
both, for Unavoidable Delays described in
Section D.2.1.2 (a) and (b).
(b) Contractor may be entitled to additional
Contract Time for Unavoidable Delays
described in Section D.2.1.2(c) and (d).
In the event of any requests for additional
compensation or additional Contract Time, or
both, as applicable, arising under this Section D.2.3
for Unavoidable Delays, other than requests for
additional compensation or additional Contract Time
for differing site conditions for which a
review process is established under Section D.2.1.2
(b), Contractor shall submit a written notification of
the delay
to
the
Owner’s
Authorized
Representative within two (2) Days of the occurrence
of the cause of the delay. This written notification
shall state the cause of the potential delay, the project
components impacted by the delay, and the
anticipated additional Contract Time or the
additional compensation, or both, as applicable,
resulting from the delay. Within seven (7) Days
after the cause of the delay has been mitigated, or in
no case more than thirty (30) Days after the initial
written notification, the Contractor shall submit to
the Owner’s Authorized Representative, a complete
and detailed request for additional compensation or
additional Contract Time, or both, as applicable,
resulting from the delay.
If the Owner’s Authorized Representative denies
Contractor’s request for additional compensation or
adjustment of Contract Time, the Contractor may
proceed to file a Claim under Section D.3, Claims
Review Process.
If Contractor does not timely submit the notices
required under this Section D.2., then unless
otherwise prohibited by law, Contractor’s Claim shall
be barred.
D.3 CLAIMS REVIEW PROCESS
D.3.1 All Contractor Claims shall be referred to the
Owner’s Authorized Representative for review.
Contractor’s Claims, including Claims for additional
compensation or additional Contract Time, shall be
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submitted in writing by Contractor to the Owner’s
Authorized Representative within five (5) Days after a
denial of Contractor’s initial request for an adjustment of
Contract terms, payment of money, extension of Contract
Time or other relief, provided that such initial request has
been submitted in accordance with the requirements and
within the time limits established in these General
Conditions. Within thirty (30) Days after the initial
Claim, Representative, a complete and detailed
description of the Claim (the “Detailed Notice”) that
includes all information required by Section D.3.2. Unless
the Claim is made in accordance with these time
requirements, it shall be waived.
D.3.2
The Detailed Notice of the Claim shall be submitted in
writing by Contractor and shall include a detailed, factual
statement of the basis of the Claim, pertinent dates,
Contract provisions which support or allow the Claim,
reference to or copies of any documents which support
the Claim, the dollar value of the Claim, and the
Contract Time extension requested for the Claim. If the
Claim involves Work to be completed by Subcontractors,
the Contractor will analyze and evaluate the merits of the
Subcontractor claim prior to forwarding it and that analysis
and evaluation
to
the
Owner’s
Authorized
Representative.
The Owner’s Authorized
Representative and the Owner will not consider
direct
claims
from
Subcontractors,
suppliers,
manufacturers, or others not a party to this Contract.
Contractor agrees that it will make no agreement,
covenant, or assignment, nor will it commit any other act
that will permit or assist any Subcontractor, supplier,
manufacturer, or other to directly or indirectly make
a claim against Owner.
D.3.3
The Owner’s Authorized Representative will review all
Claims and take one or more of the following preliminary
actions within ten (10) Days of receipt of the Detailed
Notice of a Claim: (1) request additional supporting
information from the Contractor; (2) inform the
Contractor and Owner in writing of the time required
for adequate review and response; (3) reject the Claim in
whole or in part and identify the reasons for rejection; (4)
based on principles of equitable adjustment, recommend
approval of all or part of the Claim; or (5) propose an
alternate resolution.
D.3.4 The Owner’s Authorized Representative’s decision shall be
final and binding on the Contractor unless appealed by
written notice to the Owner within fifteen (15) Days of
receipt of the decision. The Contractor must present
written documentation supporting the Claim within fifteen
(15) Days of the notice of appeal. After receiving the
appeal documentation, the Owner shall review the
materials and render a decision within thirty (30) Days
after receiving the appeal documents.
D.3.5
The decision of the Owner shall be final and binding
unless the Contractor delivers to the Owner its requests for
mediation, which shall be a non-binding process, within
fifteen (15) Days of the date of the Owner's decision. The
mediation process will be considered to have commenced
as of the date the Contractor delivers the request. Both
parties acknowledge and agree that participation in
mediation is a prerequisite to commencement of litigation
of any disputes relating to the Contract. Both parties
further agree to exercise their best efforts in good faith
to resolve all disputes within sixty (60) Days of the
commencement of the mediation through the mediation
process set forth herein.
In the event that a lawsuit must be filed within this sixty
(60) day period in order to preserve a cause of action, the
parties agree that notwithstanding the filing, they shall
4/12 version
proceed diligently with the mediation to
its
conclusion prior to actively prosecuting the
lawsuit is pending such stays or extensions,
including the filing of an answer, as may
be necessary
to
facilitate
the
mediation
process. Further, in the event settlements are reached
on any issues through mediation, the parties
agree to promptly submit the appropriate motions
and orders documenting the settlement to the
Court for its signature and filing.
D.3.6 The mediator shall be an individual mutually
acceptable to both parties, but in the absence of
agreement each party shall select a temporary
mediator and the temporary mediators shall jointly
select the permanent mediator. Each party shall pay
its own costs for the time and effort involved in
mediation. The cost of the mediator shall be split
equally between the two parties. Both parties agree
to exercise their best effort in good faith to resolve
all disputes in mediation. Participation in mediation
is a mandatory requirement of both the Owner and
the Contractor. The schedule, time and place for
mediation will be mutually acceptable, or, failing
mutual agreement, shall be as established by the
mediator. The parties agree to comply with Owner's
administrative rules governing the confidentiality of
mediation, if any, and shall execute all necessary
documents to give effect to such confidentiality
rules. In any event, the parties shall not subpoena the
mediator or otherwise require the mediator to
produce records, notes or work product, or to testify
in any future proceedings as to information disclosed
or representations made in the course of mediation,
except to the extent disclosure is required by law.
D.3.7
Owner may at any time and at its discretion issue a
construction change directive adding to, modifying or
reducing the scope of Work. Contractor and Owner
shall negotiate the need for any additional
compensation or additional Contract Time related to
the change, subject to the procedures for submitting
requests or Claims for additional compensation or
additional Contract Time established in this Section
D. Unless otherwise directed by Owner’s Authorized
Representative, Contractor shall proceed with the
Work while any request or Claim is pending,
including but not limited to, a request or Claim for
additional compensation or additional Contract Time
resulting from Work under a Change Order or
construction change directive.
Regardless of the
review period or the final decision of the Owner's
Authorized Representative, the Contractor shall
continue to diligently pursue the Work as identified
in the Contract Documents.
In no case is
the Contractor justified or allowed to cease Work
without a written stop work order from the Owner or
Owner's Authorized Representative.
SECTION E
PAYMENTS
E.1 SCHEDULE OF VALUES
The Contractor shall submit, at least ten (10) Days prior
to submission of its first application for progress payment, a
schedule of values ("Schedule of Values") for the contracted
Work. This schedule will provide a breakdown of values for
the contracted Work and will be the basis for progress
payments.
The breakdown will demonstrate reasonable,
identifiable, and measurable components of the Work.
Unless objected to by the Owner's Authorized
Representative, this schedule shall be used as the basis for to
Page 39 of 64
by Owner’s Authorized Representative, Contractor shall revise the
schedule of values and resubmit the same for approval of Owner’s
Authorized Representative.
Signed:
_____________________________”
E.2 APPLICATIONS FOR PAYMENT
E.2.3
E.2.1
Owner shall make progress payments on the
Contract monthly as Work progresses. Payments shall
be based upon estimates of Work completed and the
Schedule of Values. All payments shall be approved by
the Owner's Authorized Representative. A
progress
payment shall not be considered acceptance or
approval of any Work or waiver of any defects therein.
Owner shall pay to Contractor interest on the
progress payment, not including retainage, due the
Contractor. The interest shall commence thirty (30)
Days after the receipt of invoice (“application for
payment”) from the Contractor or fifteen (15) Days
after the payment is approved by the Owner's Authorized
Representative, whichever is the earlier date. The rate
of interest shall equal three times the discount rate on
90-day commercial paper in effect at the Federal
Reserve Bank in the Federal Reserve district that
includes Oregon on the date that is thirty (30) Days
after receipt of the application for payment from the
Contract or fifteen (15) Days after the payment is
approved by the Owner, whichever is the earlier date,
but the rate of interest shall not exceed thirty (30)
percent. Notwithstanding the foregoing, in instances
when an application for payment is filled out
incorrectly, or when there is any defect or
impropriety in any submitted application or when
there is a good faith dispute, Owner shall so notify the
Contractor within fifteen (15) Days stating the reason
or reasons the application for payment is defective or
improper or the reasons for the dispute. A defective or
improper application for payment, if corrected by the
Contractor within seven (7) Days of being notified by
the Owner, shall not cause a payment to be made
later than specified in this section unless interest is
also paid. Accrual of interest will be postponed when
payment on the principal is delayed because of
disagreement between the Owner and the Contractor.
(a) The request for stored material shall be
submitted at least thirty (30) Days in advance
of the application for payment on which it
appears. Applications for payment shall be
entertained for major equipment, components
or expenditures only.
(b)
(d)
I, the undersigned, hereby certify that the above bill is
true and correct, and the payment therefore, has not been
received.
4/12 version
The Contractor shall name the Owner as coinsured on the insurance policy covering the
full value of the property while in the care and
custody of the Contractor until it is installed.
A certificate noting this coverage shall be
issued to the Owner.
(e) Payments shall be made for materials only.
The submitted amount of the application for
payment shall be reduced by the cost of
transportation and for the cost of an inspector to
check the delivery at out of town storage sites.
The cost of said inspection shall be borne solely
by the Contractor.
Owner, upon written notice to the Contractor, may elect to
make payments to the Contractor only by means of
Electronic Funds Transfers (EFT) through Automated
Clearing House (ACH) payments. If Owner makes this
election, the Contractor will be required to arrange to
receive EFT/ACH payments.
Contractor shall submit to the Owner's Authorized
Representative, an application for each payment and,
if required, 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:
The Contractor shall submit applications for
payment showing the quantity and cost of the
material stored.
(c) The material shall be stored in a bonded
warehouse and Owner's Authorized
Representative shall be granted the right to
access the material for the purpose of removal
or inspection at any time during the
Contract Period.
Owner reserves the right, instead of requiring the
Contractor to correct or resubmit a defective or improper
application for payment, to reject the defective or improper
portion of the application for payment and pay the
remainder of the application for payment that is correct and
proper.
E.2.2
Generally, applications for payment will be accepted
only for materials that have been installed. Under
special conditions, applications for payment
for stored materials will be accepted at Owner's sole
discretion. Such a payment, if made, will be subject
to the following conditions:
E.2.4
(f)
Within sixty (60) Days of the application for
payment, the Contractor shall submit
evidence of payment covering the material
stored.
(g)
Payment for stored materials shall in no way
indicate acceptance of the materials or waive
any rights under this Contract for the
rejection of the Work or materials not in
conformance with the Contract Documents.
(h)
All required documentation must be submitted
with the respective application for payment.
The Owner reserves the right to withhold all or part of
a payment, or may nullify in whole or part any
payment previously made, to such extent as may be
necessary in the Owner’s opinion to protect the
Owner from loss because of:
(a) Work that is defective and not remedied, or that
has been demonstrated or identified as failing to
conform with the Contract Documents,
(b)
third party claims filed or evidence reasonably
indicating that such claims will likely be
filed provided by the Contractor;
Page 40 of 64
(c)
failure of the Contractor to make payments properly
to Subcontractors or for labor, materials or
equipment (in which case Owner may issue checks
made payable jointly to Owner and such unpaid
persons under this provision, or directly to
Subcontractors and suppliers at any level under
Section C.3.2.1);
E.2.8
(d) reasonable evidence that the Work cannot be
completed for the unpaid balance of the
Contract Price;
If Contractor disputes any determination by Owner’s
Authorized Representative with regard to any
application for payment, Contractor nevertheless
shall continue to prosecute expeditiously the
Work. No payment made hereunder shall be
or be construed to be final acceptance or approval
of that portion of the Work to which such partial
payment relates or shall relieve Contractor of any of
its obligations hereunder.
E.3 PAYROLL CERTIFICATION REQUIREMENT
(e) damage to the Owner or another contractor;
(f)
(g)
reasonable evidence that the Work will not be
completed within the Contract Time required by the
Contract, and that the unpaid balance would not be
adequate to cover actual or liquidated damages for
the anticipated delay;
failure to carry out the Work in accordance with the
Contract Documents; or
(h) assessment of liquidated damages, when withholding
is made for offset purposes.
Payroll certification is required before payments are
made on the Contract.
Refer to Section C.2 for this
information.
E.4 DUAL PAYMENT SOURCES
Contractor shall not be compensated for Work
performed under this Contract from any state agency other
than the agency that is a party to this Contract.
E.5 RETAINAGE
E.5.1
E.2.5
Subject to the provisions of the Contract Documents, the
amount of each progress payment shall be computed as
follows:
(a)
Take that portion of the Contract Price properly
allocable to completed Work as determined by
multiplying the percentage completion of each
portion of the Work by the share of the total Contract
Price allocated to that portion of the Work in the
Schedule of Values, less retainage as provided in
Section E.5. Pending final determination of cost to
the Owner of changes in the Work, no amounts
for changes in the Work can be included in
application for payment until the Contract Price has
been adjusted by Change Order;
(b)
Add that portion of the Contract Price properly
allocable to materials and equipment delivered and
suitably stored at the site for subsequent
incorporation in the completed construction (or, if
approved in advance by the Owner pursuant to
Section E.2.3, suitably stored off the site at a location
agreed upon in writing), less retainage as provided in
Section E.5;
E.2.6
E.5.1.2 In accordance with the provisions of ORS
279C.560
and
any
applicable
administrative rules, unless the Owner finds in
writing that accepting a bond, security or other
instrument described in options (a) or (c) 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:
E.2.7
Subtract any amounts for which the Owner’s
Authorized Representative has withheld or nullified
payment as provided in the Contract Documents.
Contractor’s applications for payment may not
include requests for payment for portions of the Work for
which the Contractor does not intend to pay to a
Subcontractor or material supplier.
The Contractor warrants to Owner that title to all
Work covered by an application for payment will pass to
the Owner no later than the time of payment. The
Contractor further warrants that upon submittal of an
application for payment all Work for which payments are
received from the Owner shall be free and clear of liens,
claims, security interests or encumbrances in favor of the
Contractor, Subcontractors, material suppliers, or other
persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the
Work.
4/12 version
in
E.5.1.1 Owner may reserve as retainage from any
progress payment an amount not to 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.
(c) Subtract the aggregate of previous payments made by
the Owner; and
(d)
Retainage shall be withheld and released
accordance with ORS 279C.550 to 279C.580:
(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
Page 41 of 64
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.
(b)
that retainage be deposited in an interest bearing
account, established through the State Treasurer for state
agencies, in a bank, savings bank, trust company or
savings association for the benefit of Owner, with interest
from such account accruing to the Contractor; or
(c)
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.
stated in Subsection E.5 as apply to Owner’s
retainage from any progress payment due to
Contractor. Provided, however, if in accordance
with the provisions of ORS 279C.560 the
Contractor has deposited bonds, securities or
other instruments or has elected to have the
Owner deposit accumulated retainage in an
interest-bearing account, the Contractor shall
comply with the provisions of ORS 701.435
respecting the deposit of bonds, securities or
other instruments by Subcontractors and
suppliers and the sharing of interest earnings
with Subcontractors and suppliers.
E.5.2
As provided in subsections C.2.2 and C.2.3,
additional retainage 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.
E.6 FINAL PAYMENT
Where the Owner has accepted the Contractor's election of any of
the options 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 (c),
Contractor shall accept like bonds from Subcontractors and
suppliers on the project from which Contractor has required
retainage.
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 15Day 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 paragraphs
(a) and (c) 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
a 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 the same terms and conditions
4/12 version
E.6.1 Upon completion of all the Work under this Contract,
the Contractor shall notify the Owner's Authorized
Representative, in writing, that Contractor has
completed Contractor's part of the Contract and shall
request final payment. Upon receipt of such notice
the Owner's Authorized Representative will
inspect the Work, and if acceptable, submit to the
Owner a recommendation as to acceptance of the
completed Work and the final estimate of the amount
due the Contractor. If the Work is not acceptable,
Owner will notify Contractor within fifteen (15)
Days of Contractor's request for final payment.
Upon approval of this final estimate by the Owner
and compliance by the Contractor with provisions in
Section K. 3 AFFIDAVIT/RELEASE OF LIENS
AND CLAIMS, and other provisions as may be
applicable, the Owner shall pay to the Contractor all
monies due under the provisions of these Contract
Documents.
E.6.2
Neither final payment nor any remaining retained
percentage shall become due until the Contractor
submits to the Owner’s Authorized Representative
(1) a notarized affidavit/release of liens and claims
in a form satisfactory to Owner that states that
payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the
Owner or the Owner's property might be responsible
or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a
certificate evidencing that insurance required by the
Contract Documents to remain in force after final
payment is currently in effect and will not
be canceled or allowed to expire until at least thirty
(30) Days' prior written notice has been given to the
Owner, (3) a written statement that the Contractor
knows of no substantial reason that the insurance
will not be renewable to cover the period required by
the Contract Documents, (4) consent of surety, if any,
to final payment and (5), if required by the
Owner, other data establishing payment or
satisfaction of obligations, such as receipts, releases
and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the
extent and in such form as may be designated by the
Owner. If a Subcontractor refuses to furnish a
release or waiver required by the Owner, the
Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien.
If such lien remains unsatisfied after payments are
made, the Contractor shall refund to the Owner all
Page 42 of 64
money that the Owner may be compelled to pay in
discharging such lien, including all costs and reasonable
attorneys' fees.
E.6.3
Acceptance of final payment by the Contractor, a
Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those
previously made in writing and identified by that
payee as unsettled at the time of final application for
payment.
F.2.4
Contractor is responsible for protection of adjacent
work areas including impacts brought about by
activities, equipment, labor, utilities, and materials on
the site.
F.2.5
Contractor shall at all times direct its activities in
such a manner as to minimize adverse effects on the
environment.
Handling of all materials will be
conducted so no release will occur that may pollute
or become hazardous.
F.2.6
In an emergency affecting the safety of life or of the
Work or of adjoining property, the Contractor,
without special instruction or authorization from the
Owner's Authorized Representative, shall act
reasonably to prevent threatened loss or injury, and
shall so act, without appeal, if instructed by the
Owner's Authorized Representative.
Any
compensation claimed by the Contractor on account
of emergency work shall be determined in
accordance with Section D.
SECTION F
JOB SITE CONDITIONS
F.1 USE OF PREMISES
Contractor shall confine equipment, storage of materials
and operation of Work to the limits indicated by Contract
Documents, law, ordinances, permits or directions of the Owner's
Authorized Representative. Contractor shall follow the Owner's
Authorized Representative's instructions regarding use of premises,
if any.
F.3 CUTTING AND PATCHING
F.3.1
Contractor shall be responsible for coordinating all
cutting, fitting, or patching of the Work to make its
several parts come together properly and fit to
receive or be received by work of other contractors
or Subcontractors shown upon, or reasonably
implied by, the Contract Documents.
F.3.2
Contractor shall be responsible for restoring all cut,
fitted, or patched surfaces to an original condition;
provided, however, that if a different condition is
specified in the Contract Documents, then Contractor
shall be responsible for restoring such surfaces to
the condition specified in the Contract Documents.
F.2 PROTECTION OF WORKERS, PROPERTY, AND THE
PUBLIC
F.2.1
Contractor shall maintain continuous and adequate
protection of all of the Work from damage, and shall
protect the Owner's Authorized Representative, workers
and property from injury or loss arising in connection with
this Contract. Contractor shall remedy acceptably to
the Owner, any damage, injury, or loss, except such as
may be directly due to errors in the Contract Documents or
caused by authorized representatives or personnel of
the Owner. Contractor shall adequately protect adjacent
property as provided by law and the Contract Documents.
F.4 CLEANING UP
F.2.2
F.2.3
Contractor shall take all necessary precautions for the
safety of all personnel on the job site, and shall comply
with the Contract Documents and all applicable provisions
of federal, state and municipal safety laws and building
codes to prevent accidents or injury to persons on, about
or adjacent to the premises where the Work is being
performed. Contractor shall erect and properly maintain at
all times, as required by the conditions and progress of the
Work, all necessary safeguards for protection of workers
and the public against any hazards created by
construction.
Contractor shall designate a responsible
employee or associate on the Work site, whose duty shall
be the prevention of accidents. The name and position of
the person designated shall be reported to the Owner's
Authorized Representative. The Owner's Authorized
Representative has no responsibility for Work site safety.
Work site safety is the responsibility of the Contractor.
Contractor shall not enter upon private property
without first obtaining permission from the property owner
or its duly authorized representative. Contractor
shall be responsible for the preservation of all public and
private property along and adjacent to the Work
contemplated under the Contract and shall use every
precaution necessary to prevent damage thereto.
In
the event the Contractor damages any property, the
Contractor shall at once notify the property owner and
make, or arrange to make, full restitution. Contractor
shall immediately and in writing, report to the
Owner's Authorized Representative, all pertinent facts
relating to such property damage and the ultimate
disposition of the claim for damage.
.
4/12 version
From time to time as may be ordered by the Owner
the Contractor shall, at its own expense, clean up and
remove all refuse and unused materials of any kind resulting
from the Work. If Contractor fails to do so within twentyfour
hours after notification by the Owner the work may be done
by others and the cost charged to the Contractor and
deducted from payment due the Contractor.
F.5 ENVIRONMENTAL CONTAMINATION
F.5.1
Contractor will be held responsible for and shall
indemnify, defend (with counsel of Owner’s choice)
and hold harmless Owner from and against any
costs, expenses, damages, claims, and causes of
action, (including attorney fees), or any of them,
resulting from all spills, releases, discharges, leaks
and disposal of environmental pollution, including
storage, transportation, and handling during the
performance of the Contract which occur as a result
of, or are contributed by, the negligence or actions of
Contractor
or
its
personnel,
agents,
or
Subcontractors or any failure to perform in
accordance with the Contract Documents (except to
the extent otherwise void under ORS 30.140).
Nothing in this section F.5.1 shall limit Contractor's
responsibility for obtaining insurance coverages
required under Section G.3 of these General
Conditions, and Contractor shall take no action that
would void or impair such coverages
Page 43 of 64
F.5.1.1 Contractor agrees to promptly dispose of such spills,
releases, discharge or leaks to the satisfaction of
Owner and proper regulatory agencies in a manner
that complies with applicable federal, state, and local
laws and regulations. Cleanup shall be at no cost to
the Owner and be performed by properly qualified
personnel.
substance(s) which Contractor discovers or
encounters during performance of the Work
required by this Contract. "Hazardous substance(s)"
means any hazardous, toxic and radioactive materials
and those substances defined as “hazardous
substances,” “hazardous materials,” “hazardous
wastes,” “toxic substances,” or other similar
designations in any federal, state, or local law,
regulation, or ordinance, including without limitation
asbestos, polychlorinated biphenyl (PCB), or
petroleum, and any substances, materials or wastes
regulated in 40 CFR, Part 261 and defined as
hazardous in 40 CFR S 261.3. In addition to
notifying Owner of any hazardous substance(s)
discovered or encountered, Contractor shall
immediately cease working in any particular area of
the project where a hazardous substance(s) has
been discovered or encountered if continued work in
such area would present a risk or danger to the
health or well being of Contractor's or any
Subcontractor's work force.
F.5.1.2 Contractor shall obtain the Owner's written consent
prior to bringing onto the Work site any (i)
environmental pollutants or (ii) hazardous substances
or materials, as the same or reasonably similar terms
are used in any applicable federal, state, or local
statutes, rules or ordinances. Notwithstanding such
written consent from the Owner, the Contractor, at all
times, shall:
(a) properly handle, use and dispose of all environmental
pollutants and hazardous substances or materials
brought onto the Work site, in accordance with all
applicable federal, state, or local statutes, rules, or
ordinances;
F.6.2
(b)
be responsible for any and all spills, releases,
discharges, or leaks of (or from) environmental
pollutants or hazardous substances or materials which
Contractor has brought onto the Work site; and
Upon being notified by Contractor of the presence of
hazardous substance(s) on the project site, Owner
shall arrange for the proper disposition of such
hazardous substance(s).
F.7 FORCE MAJEURE
(c) promptly clean up, without cost to the Owner, such
spills, releases, discharges, or leaks to the Owner's
satisfaction and in compliance with all applicable
federal, state, or local statutes, rules or ordinances.
F.5.2 Contractor shall report all reportable quantity releases to
applicable federal, state, and local regulatory and
emergency response agencies. Reportable quantities are
found in 40 CFR Part 302, Table 302.4 for hazardous
substances and in OAR
340-142-0050 for all products addressed therein. Upon
discovery, regardless of quantity, Contractor must
telephonically report all releases to the Owner. A written
follow-up report shall be submitted to Owner within
48 hours of the telephonic report. Such written report shall
contain, as a minimum:
(a)
Description of items released (identity, quantity,
manifest no., and all other documentation required by
law.)
(b) Whether amount of items released is EPA/DEQ
reportable, and, if so, when it was reported.
(c)
Exact time and location of release, including a
description of the area involved.
(d) Containment procedures initiated.
(e)
Summary of communications about the release
Contractor has had with members of the press or
State officials other than Owner.
(f)
Description of cleanup procedures employed or to be
employed at the site, including disposal location of
spill residue.
(g) Personnel injuries, if any, resulting from, or aggravated
by, the release.
F.6 ENVIRONMENTAL CLEAN-UP
F.6.1 Unless disposition of environmental pollution is specifically a
part of this Contract, or was caused by the Contractor
(reference F.5 Environmental Contamination), Contractor
shall immediately notify Owner of any hazardous
4/12 version
A party to this Contract shall not be held
responsible for delay or default due to Force Majeure acts,
events or occurrences unless they could have been avoided by
the exercise of reasonable care, prudence, foresight, and
diligence by that party.
The Owner may terminate this
Contract upon written notice after determining that delay or
default caused by Force Majeure acts, events or
occurrences will reasonably prevent successful performance
of the Contract.
SECTION G
INDEMNITY, BONDING, AND INSURANCE
G.1 RESPONSIBILITY FOR DAMAGES /
INDEMNITY
G.1.1 Contractor shall be responsible for all damage to
property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by, or
result from, the carrying out of the Work to be done
under this Contract, or from any act, omission or
neglect of the Contractor, its Subcontractors,
personnel, or agents.
G.1.2 To the fullest extent permitted by law, Contractor shall
indemnify, defend (with counsel approved by Owner)
and hold harmless the Owner, Owner’s Authorized
Representative,
Architect/Engineer,
Architect/Engineer’s consultants, and their respective
officers, directors, agents, employees, partners,
members, stockholders and affiliated companies
(collectively "Indemnitees") from and against all
liabilities, damages, losses, claims, expenses
(including reasonable attorney fees), demands and
actions of any nature whatsoever which arise out of,
result from or are related to, (a) any damage, injury,
loss, expense, inconvenience or delay described in
this Section G.1.2, (b) any accident or occurrence
which happens or is alleged to have happened in or
about the project site or any place where the Work is
being performed, or in the vicinity of either, at any
time prior to the time the Work is fully completed in
all respects, (c) any failure of the Contractor to observe
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or perform any duty or obligation under the Contract
Documents which is to be observed or performed by the
Contractor, or any breach of any agreement, representation
or warranty of the Contractor contained in the Contract
Documents or in any subcontract,
(d) the negligent acts or omissions of the Contractor, a
Subcontractor or anyone directly or indirectly employed by
them or any one of them or anyone for whose acts they
may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party
indemnified hereunder (except to the extent otherwise void
under ORS 30.140), and (e) any lien filed upon the project or
bond claim in connection with the Work. Such obligation
shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity which would otherwise
exist as to a party or person described in this Section G.1.2.
G.1.3 In claims against any person or entity indemnified under
this Section G.1.2 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, the
indemnification obligation under Section G.1.2 shall not be
limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or
a Subcontractor under workers' compensation acts, disability
benefit acts or other employee benefit acts.
G.2 PERFORMANCE AND PAYMENT SECURITY;
PUBLIC WORKS BOND
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. The bonds may be required
if the Contract Price is less than the above thresholds, if
required by the Contract Documents.
G.2.2 Bond forms furnished by the Owner and notarized by
awarded Contractor's surety company authorized to do
business in Oregon are the only acceptable forms of
performance and payment security, unless otherwise
specified in the Contract Documents.
G.2.3 Before execution of the Contract Contractor shall file with
the Construction Contractors Board, and maintain in full
force and effect, the separate public works bond required by
Oregon Laws 2005, Chapter 360, and OAR 839-0250015, 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.
G.3 INSURANCE
G.3.1 Primary Coverage: Insurance carried by Contractor under
this Contract shall be the primary coverage and noncontributory with any other insurance and self- insurance,
and the Owner's insurance is excess and solely for damages
or losses for which the Owner is responsible.
The
coverages indicated are minimums unless otherwise
specified in the Contract Documents.
G.3.2
Workers' Compensation:
All employers, including
Contractor, that employ subject workers who work under this
contract in the State of Oregon shall comply with ORS
656.017 and provide the required Workers’ Compensation
coverage, unless such employers are exempt under ORS
656.126. This shall include Employer’s Liability Insurance
4/12 version
with coverage limits of not less than $100,000 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.3.3 Builder's Risk Insurance:
G.3.3.1 Builder's Risk: During the term of this Contract, for
new construction the Contractor shall obtain and
keep in effect Builder's Risk insurance on an all risk
form, including earthquake and flood, for an amount
equal to the full amount of the Contract.
Any
deductible shall not exceed $50,000 for each loss,
except the earthquake and flood deductible shall not
exceed 2 percent of each loss or $50,000, whichever
is more. The policy will include as loss payees the
Owner, the Contractor and its Subcontractors as
their interests may appear.
G.3.3.2 Builder's Risk Installation Floater: For other than
new construction the Contractor shall obtain and
keep in effect during the term of this Contract, a
Builder's Risk Installation Floater for coverage of the
Contractor's labor, materials and equipment to be
used for completion of the Work performed
under this Contract. The minimum amount of
coverage to be carried shall be equal to the full
amount of the Contract.
This insurance shall
include as loss payees the State of Oregon, the
Owner, the Contractor and its Subcontractors as their
interests may appear.
G.3.3.3 Such insurance shall be maintained until Owner has
occupied the facility.
G.3.3.4 A loss insured under the Builder’s Risk insurance
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: Contractor shall
obtain, at Contractor's expense, and keep in effect
during the term of this Contract, Commercial General
Liability Insurance covering bodily injury and
property damage in a form and with coverages that
are satisfactory to the State. This insurance shall
include personal injury liability, products and
completed operations, and contractual liability
coverage for the indemnity provided under this
Contract (to the extent contractual liability coverage
for the indemnity is available in the marketplace),
and shall be issued on an occurrence basis.
Contractor shall provide proof of insurance of not less
than the amounts listed in the following schedules:
Per Occurrence Limit for any single
claimant:
From commencement of the Contract term to June 30,
Page 45 of 64
2011:
$1,600,000
July 1, 2011 to June 30, 2012:
$1,700,000
July 1, 2012 to June 30, 2013:
$1,800,000
July 1, 2013 to June 30, 2014:
$1,900,000
July 1, 2014 to June 30, 2015:
$2,000,000
July 1, 2015 and thereafter the adjusted limitation as
determined by the State Court Administrator pursuant to
Oregon Laws 2009, chapter 67, section 3 (Senate Bill
311).
July 1, 2015 and thereafter the adjusted limitation as
determined by the State Court Administrator
pursuant to Oregon Laws 2009, chapter 67, section
3 (Senate Bill 311).
Property Damage:
Per Occurrence Limit for any single claimant:
From commencement of the Contract term
to January 1, 2011: $100,100
From January 1, 2010, and every year thereafter
the adjusted limitation as determined by the
State Court Administrator pursuant to Oregon
Laws 2009, chapter 67, section 5 (Senate
Bill 311).
Per Occurrence Limit for multiple claimants:
From commencement of the Contract term to June 30,
2011:
$3,200,000
July 1, 2011 to June 30, 2012:
$3,400,000
July 1, 2012 to June 30, 2013:
$3,600,000
July 1, 2013 to June 30, 2014:
$3,800,000
July 1, 2014 to June 30, 2015:
$4,000,000
July 1, 2015 and thereafter the adjusted limitation as
determined by the State Court Administrator pursuant to
Oregon Laws 2009, chapter 67, section 3 (Senate
Bill 311).
Per Occurrence Limit for multiple
claimants:
From commencement of the Contract term
to January 1, 2011: $500,600
From January 1, 2010, and every year thereafter
the adjusted limitation as determined by the
State Court Administrator pursuant to Oregon
Laws 2009, chapter 67, section 5 (Senate
Bill 311).
Property Damage:
Per Occurrence Limit for any single claimant: From
commencement of the Contract term to January 1,
2011: $100,100.
From January 1, 2010, and every year thereafter the
adjusted limitation as determined by the State
Court Administrator pursuant to Oregon Laws 2009,
chapter 67, section 5 (Senate Bill 311).
Per Occurrence Limit for multiple claimants:
From commencement of the Contract term to
January 1, 2011 : $500,600.
From January 1, 2010, and every year thereafter the
adjusted limitation as determined by the State
Court Administrator pursuant to Oregon Laws
2009, chapter 67, section 5 (Senate Bill
311).
G.3.4.2
Automobile Liability:
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/or hired vehicles,
as applicable. The coverage may be written in
combination with the Commercial General Liability
Insurance.
Contractor shall provide proof of insurance
of not less than the amounts listed in the following
schedules:
Bodily Injury/Death:
Per Occurrence Limit for any single claimant:
From commencement of the Contract term June 30,
2011:
$1,600,000
July 1, 2011 to June 30, 2012: $1,700,000
July 1, 2012 to June 30, 2013: $1,800,000
July 1, 2013 to June 30, 2014: $1,900,000
July 1, 2014 to June 30, 2015: $2,000,000
July 1, 2015 and thereafter the adjusted limitation as
determined by the State Court Administrator
pursuant to Oregon Laws 2009, chapter 67, section
3 (Senate Bill 311).
Per Occurrence Limit for multiple claimants:
From commencement of the Contract term to June
30, 2011:
$3,200,000
July 1, 2011 to June 30, 2012: $3,400,000
July 1, 2012 to June 30, 2013: $3,600,000
July 1, 2013 to June 30, 2014: $3,800,000
July 1, 2014 to June 30, 2015: $4,000,000
4/12 version
G.3.4.3
"Tail" Coverage: If any of the required liability
insurance is arranged on a "claims made" basis,
"tail" coverage will be required at the completion of
this Contract for a duration of 24 months or the
maximum time period available in the marketplace if
less than 24 months. Contractor will be responsible
for furnishing certification of "tail" coverage as
described or continuous "claims made" liability
coverage for 24 months following Final Completion.
Continuous "claims made" coverage will be
acceptable in lieu of "tail" coverage, provided its
retroactive date is on or before the effective date of
this Contract. This will be a condition of the
final acceptance of Work or services and related
warranty
(if any).
G.3.5 Excess/Umbrella Insurance:
A combination of
primary and excess/umbrella insurance is acceptable
to meet the minimum coverage requirements for
Commercial General Liability and Automobile
Liability Insurance. In such case, the insurance
certificate must include a list of the policies that fall
under the excess/umbrella insurance. Sample
wording is “The Excess/Umbrella policy is excess
over primary Commercial General Liability and
primary Automobile Liability Insurance.”
G.3.6 Additional Insured: The liability insurance coverage,
except Professional Liability if included, required for
performance of this Contract shall include the State
of Oregon, its departments, divisions, officers, and
employees, as Additional Insureds but only with
respect to the Contractor's activities to be performed
under this Contract.
If Contractor cannot obtain an insurer to name the
State of Oregon, its departments, divisions, officers
and employees as Additional Insureds, Contractor
shall obtain at Contractor's expense, and keep in
effect during the term of this Contract, Owners
and Contractors Protective Liability Insurance,
naming the State of Oregon, its departments,
divisions, officers and employees as Named Insureds
with not less than a $1,500,000.00 limit per
occurrence. This policy must be kept in effect for 12
months following Final Completion. As evidence
Page 46 of 64
of coverage, Contractor shall furnish the actual policy to
Owner prior to execution of the Contract.
G.3.7 Certificate(s) of Insurance: As evidence of the insurance
coverage required by this Contract, the Contractor shall
furnish certificate(s) of insurance to the Owner prior to
execution of the Contract. The certificate(s) will specify
all of the parties who are Additional Insureds or Loss
Payees. Insurance coverage required under this Contract
shall be obtained from insurance companies or entities
acceptable to the Owner that are allowed to provide such
insurance under Oregon law. Eligible insurers include
admitted insurers that have been issued a certificate of
authority from the Oregon Department of Consumer
and Business Services authorizing them to do an
insurance business in the state of Oregon, and certain nonadmitted surplus lines insurers that satisfy the requirements
of applicable Oregon law and are approved by the Owner.
The Contractor shall be financially responsible for all
deductibles, self-insured retentions and/or self- insurance
included hereunder.
Any deductible, self- insured
retention and/or self-insurance in excess of $50,000 shall
be approved by the Owner in writing prior execution of the
Contract and is subject to Owner's approval. The
Contractor shall immediately notify
the
Owner’s
Authorized Representative in writing of any change in
insurance coverage.
SECTION H
SCHEDULE OF WORK
H.1 CONTRACT PERIOD
H.1.1 Time is of the essence on this Contract. The Contractor
shall at all times carry on the Work diligently, without
delay and punctually fulfill all requirements herein.
Contractor shall commence Work on the site within
fifteen (15) Days of Notice to Proceed, unless directed
otherwise.
H.1.2
Unless specifically extended by Change Order, all Work
shall be complete by the date contained in the Contract
Documents. The Owner shall have the right to accelerate
the completion date of the Work, which may require the
use of overtime. Such accelerated Work schedule shall be
an acceleration in performance of Work under Section
D.1.2 (f) and shall be subject to the Change Order process
of Section D.1.
H.1.3 The Owner shall not waive any rights under the Contract by
permitting the Contractor to continue or complete in whole
or in part the Work after the date described in Section
H.1.2 above.
H.2 SCHEDULE
H.2.1 Contractor shall provide, by or before the pre- construction
conference, a detailed schedule for review
and
acceptance by the Owner.
The submitted schedule
must illustrate Work by significant project components,
significant labor trades, long lead items, broken down by
building and/or floor where applicable. Each schedule
item shall account for no greater than 5 % of the monetary
value of the project or 5 % of the available Contract Time.
Schedules with activities of less than one day or valued at
less than 1% of the Contract will be considered too detailed
and will not be accepted. Schedules lacking adequate
detail, or unreasonably detailed, will be rejected.
Included within the schedule are the following: Notice to
Proceed, Substantial Completion, and Final Completion.
Schedules will be updated monthly and submitted with
the monthly payment application. Acceptance of the
4/12 version
Schedule by the Owner does not constitute agreement
by the Owner, as to the Contractor's sequencing,
means, methods, or allocated Contract Time. Any
positive difference between the Contractor's
scheduled completion and the Contract completion
date is float owned by the Owner. Owner reserves
the right to negotiate the float if it is deemed to be in
Owner’s best interest to do so. In no case shall the
Contractor make a request for additional
compensation for delays if the Work is completed
within the Contract Time but after Contractor's
scheduled completion.
H.3 PARTIAL OCCUPANCY OR USE
H.3.1
The Owner may occupy or use any completed or
partially completed portion of the Work at any stage,
provided such occupancy or use is consented to by
public authorities having jurisdiction over the Work.
Such partial occupancy or use may commence
whether or not the portion is substantially complete,
provided the Owner and Contractor have reasonably
accepted in writing the responsibilities assigned to
each of them for payments, retainage, if any,
security, insurance or self-insurance, maintenance,
heat, utilities, and damage to the Work, and have
agreed in writing concerning the period for correction
of the Work and commencement of warranties
required by the Contract Documents with respect to
such portion of the Work. Approval by the
Contractor to partial occupancy or use shall not
be unreasonably withheld. Immediately prior to such
partial occupancy or use, the Owner and Contractor
shall jointly inspect the area to be occupied or portion
of the Work to be used in order to determine and
record the condition of the Work.
Partial
occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not
complying with the requirements of the Contract
Documents.
SECTION I
CORRECTION OF WORK
I.1 CORRECTION OF WORK BEFORE FINAL
PAYMENT
The Contractor warrants to the Owner that materials
and equipment furnished under the Contract will be of good
quality and new unless otherwise required or permitted by
the Contract Documents, that the Work will be free from
defects, and that the Work will conform to the requirements
of the Contract Documents. Work failing to conform to these
requirements shall be deemed defective. Contractor shall
promptly remove from the premises and replace all defective
materials and equipment as determined by the Owner's
Authorized Representative, whether incorporated in the
Work or not. Removal and replacement shall be without loss
or expense to the Owner, and Contractor shall bear the cost of
repairing all Work destroyed or damaged by such removal or
replacement. Contractor shall be allowed a period of no
longer than thirty (30) Days after Substantial Completion for
completion of defective (punch list) work, unless otherwise
agreed. At the end of that period, or earlier if requested by
the Contractor, Owner shall arrange for inspection of the
Work by the Architect/Engineer. Should the Work not be
complete, and all corrections made, the costs for all
subsequent re-inspections shall be borne by the Contractor.
If Contractor fails to complete the punch list work within the
above time period, Owner may perform such work and
Contractor shall reimburse Owner all costs of the same
Page 47 of 64
within ten (10) days after demand without affecting Contractor’s
obligations.
SECTION J
SUSPENSION AND/OR TERMINATION OF THE
WORK
I.2 WARRANTY WORK
J.1 OWNER'S RIGHT TO SUSPEND THE WORK
I.2.1
Neither the final certificate of payment nor any
provision of the Contract Documents shall relieve the
Contractor from responsibility for defective Work and,
unless a longer period is specified, Contractor shall
correct all defects that appear in the Work within a
period of one year from the date of issuance of the written
notice of Substantial Completion by the Owner
except for latent defects which will be remedied by
the Contractor at any time they become apparent.
J.1.1
The Owner shall give Contractor notice of defects with
reasonable promptness.
Contractor shall perform such
warranty work within a reasonable time after Owner’s
demand.
If Contractor fails to complete the warranty
work within such period as Owner determines reasonable,
or at any time in the event of warranty work consisting of
emergency repairs, Owner may perform such work and
Contractor shall reimburse Owner all costs of the same
within ten (10) Days after demand without affecting
Contractors obligations.
The Owner and/or the Owner's Authorized
Representative has the authority to suspend portions
or all of the Work due to the following causes:
(a)
Failure of the Contractor to correct unsafe
conditions;
(b)
Failure of the Contractor to carry out
any provision of the Contract;
(c) Failure of the Contractor to carry out orders;
(d) Conditions, in the opinion of the Owner's
Authorized
Representative,
which
are
unsuitable for performing the Work;
(e) Time required to investigate differing site
conditions;
(f)
I.2.2
I.2.3
I.2.4
I.2.5
I.2.6
This provision does not negate guarantees or
warranties for periods longer than one year including
without limitation such guarantees or warranties required
by other sections of the Contract Documents for specific
installations, materials, processes, equipment or fixtures.
In addition to Contractor's warranty, manufacturer's
warranties shall pass to the Owner and shall not take effect
until affected Work has been accepted in writing by
the Owner's Authorized Representative.
The one-year period for correction of Work shall be
extended with respect to portions of Work performed after
Substantial Completion by the period of time between
Substantial Completion and the actual performance of the
Work, and shall be extended by corrective
Work
performed by the Contractor pursuant to this Section, as
to the Work corrected. The Contractor shall remove from
the site portions of the Work which are not in accordance
with the requirements of the Contract Documents and are
neither corrected by the Contractor nor accepted by the
Owner.
Nothing contained in this Section I.2 shall be
construed to establish a period of limitation with respect to
other obligations which the Contractor might have under
the Contract Documents. Establishment of the period for
correction of Work as described in this Section I.2
relates only to the specific obligation of the Contractor to
correct the Work, and has no relationship to the time
within which the obligation to comply with the Contract
Documents may be sought to be enforced, nor to the time
within which proceedings may be commenced to
establish the Contractor’s liability with respect to the
Contractor’s obligations other than specifically to correct
the Work.
If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract
Documents, the Owner may do so instead of
requiring its removal and correction, in which case the
Contract Price will be reduced as appropriate and equitable.
Such adjustment shall be effected whether or not final
payment has been made.
4/12 version
J.1.2
Any reason
public interest.
considered
to
be
in
the
The Owner shall notify Contractor and the
Contractor's Surety in writing of the effective
date and time of the suspension and Owner shall
notify Contractor and Contractor’s surety in writing
to resume Work.
J.2 CONTRACTOR'S RESPONSIBILITIES
J.2.1
During the period of the suspension, Contractor is
responsible to continue maintenance at the project
just as if the Work were in progress.
This
includes, but is not limited to, protection of
completed Work, maintenance
of
access,
protection of stored materials, temporary facilities,
and clean-up.
J.2.2
When the Work is recommenced after the
suspension, the Contractor shall replace or renew
any Work damaged during the suspension, remove
any materials or facilities used as part of temporary
maintenance, and complete the project in every
respect as though its prosecution had been
continuous and without suspension.
J.3 COMPENSATION FOR SUSPENSION
J.3.1
Depending on the reason for suspension of the
Work, the Contractor or the Owner may be due
compensation by the other party. If the suspension
was required due to acts or omissions of Contractor,
the Owner may assess the Contractor actual costs of
the suspension in terms of administration, remedial
work by the Owner's forces or another contractor to
correct the problem associated with the suspension,
rent of temporary facilities, and other actual costs
related to the suspension. If the suspension was
caused by acts or omissions of the Owner, the
Contractor shall be due compensation which shall be
defined using Section D, Changes in Work. If the
suspension was required through no fault of the
Contractor or the Owner, neither party owes the
other for the impact.
Page 48 of 64
proposals arising from
subcontracts and orders.
J.4 OWNER'S RIGHT TO TERMINATE CONTRACT
J.4.1
The Owner may, without prejudice to any other right or
remedy, and after giving Contractor seven (7) Days’
written notice and an opportunity to cure, terminate the
Contract in whole or in part under the following
conditions:
(a) If Contractor should voluntarily or involuntarily,
seek protection under the United States
Bankruptcy Code and Contractor as debtor-inpossession or the Trustee for the estate fails to
assume the Contract within a reasonable time;
(b)
If Contractor should make a general assignment for
the benefit of Contractor's creditors;
(c) If a receiver should be appointed on account of
Contractor's insolvency;
(d)
If Contractor should repeatedly refuse or fail to
supply an adequate number of skilled workers or
proper materials to carry on the Work as required by
the Contract Documents, or otherwise fail to perform
the Work in a timely manner;
(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; or
J.6.2
the
termination
of
As directed by the Owner, Contractor shall upon
termination transfer title and deliver to the Owner
all Record Documents, information, and other
property that, if the Contract had been completed,
would have been required to be furnished to the
Owner.
SECTION K
CONTRACT CLOSE OUT
K.1 RECORD DOCUMENTS
As a condition of final payment (refer also to section
E.6), Contractor shall comply with the following:
Contractor shall provide to Owner's Authorized
Representative, Record Documents of the entire project.
Record Documents shall depict the project as constructed
and shall reflect each and every change, modification, and
deletion made during the construction. Record Documents
are part of the Work and shall be provided prior to the
Owner's issuance of final payment. Record Documents
include all modifications to the Contract Documents unless
otherwise directed.
K.2 OPERATION AND MAINTENANCE MANUALS
(f)
J.4.2
If Contractor is otherwise in material breach of any
part of the Contract.
At any time that any of the above occurs, Owner may
exercise all rights and remedies available to Owner at
law or in equity, and 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, the Contractor shall
not be entitled to receive further payment until the Work
is completed.
If the Owner's cost of finishing the
Work exceeds the unpaid balance of the Contract Price,
Contractor shall pay the difference to the Owner.
J.5 TERMINATION FOR CONVENIENCE
J.5.1
Owner may terminate the Contract in whole or in part
whenever Owner determines that termination of the
Contract is in the best interest of the public.
J.5.2
The Owner will provide the Contractor with seven (7)
Days’ prior written notice of a termination for public
convenience. After such notice, the Contractor shall
provide the Owner with immediate and peaceful
possession of the premises and materials located on and
off the premises for which the Contractor received
progress payment under Section E. Compensation for
Work terminated by the Owner under this provision will
be according to Section E. In no circumstance shall
Contractor be entitled to lost profits for Work not
performed due to termination.
J.6 ACTION UPON TERMINATION
J.6.1
Upon receiving a notice of termination, and except as
directed otherwise by the Owner, Contractor shall
immediately cease placing further subcontracts or orders
for materials, services, or facilities.
In addition,
Contractor shall terminate all subcontracts or orders to
the extent they relate to the Work terminated and, with
the prior written approval of the Owner, settle all
outstanding
liabilities
and termination settlement
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As part of the Work, Contractor shall submit two
completed operation and maintenance manuals ("O & M
Manuals") for review by the Owner's Authorized
Representative prior to submission of any pay request for
more than 75% of the Work. No payments beyond 75%
will be made by the Owner until the 0 & M Manuals have
been received. The O & M Manuals shall contain a
complete set of all submittals, all product data as required
by the specifications, training information, phone list of
consultants, manufacturers, installer and suppliers,
manufacturer's printed data, record and shop drawings,
schematic diagrams of systems, appropriate equipment
indices, warranties and bonds. The Owner's Authorized
Representative shall review and return one O & M Manual
for any modifications or additions required.
Prior to
submission of its final pay request, Contractor shall
deliver three (3) complete and approved sets of O & M
Manuals to the Owner's Authorized Representative.
K.3 AFFIDAVIT/RELEASE OF LIENS AND
CLAIMS
As a condition of final payment, the Contractor shall
submit to the Owner's Authorized Representative a notarized
affidavit/release of liens and claims form, in a form
satisfactory to Owner, which states that all Subcontractors
and suppliers have been paid in full, 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 that, to the best of the
Contractor's knowledge, there are no claims of any kind
outstanding against the project.
The Contractor shall
indemnify, defend (with counsel of Owner's choice) and hold
harmless the Owner from all claims for labor and materials
finished under this Contract. The Contractor shall furnish
complete and valid releases or waivers, satisfactory to the
Owner, of all liens arising out of or filed in connection
with the Work.
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K.4 COMPLETION NOTICES
K.9 OTHER CONTRACTOR RESPONSIBILITIES
K.4.1 Contractor shall provide Owner notice of both Substantial
and Final Completion. The certificate of Substantial
Completion shall state the date of Substantial Completion,
the responsibilities of the Owner and Contractor for
security, maintenance, heat, utilities, damage to the
Work and insurance, and the time within which the
Contractor shall finish all items on the punchlist
accompanying the Certificate. Both completion notices
must be signed by the Contractor and the Owner to be
valid. The Owner shall provide the final signature
on the notices. The notices shall take effect on the
date they are signed by the Owner.
The Contractor shall be responsible for returning to the
Owner all items issued during construction such as keys,
security passes, site admittance badges, and all other pertinent
items. The Contractor shall be responsible for notifying the
appropriate utility companies to transfer utility charges from
the Contractor to the Owner. The utility transfer date
shall not be before Substantial Completion and may not be
until Final Completion, if the Owner does not take
beneficial use of the facility and the Contractor's forces
continue with the Work.
K.10 SURVIVAL
K.4.2 Substantial Completion of a facility with operating systems
(e.g., mechanical, electrical, HVAC) shall be that degree of
completion that has provided a minimum of thirty (30)
continuous Days of successful, trouble-free operation,
which period shall begin after all performance and
acceptance testing has been successfully demonstrated to
the Owner's Authorized Representative. All equipment
contained in the Work, plus all other components
necessary to enable the Owner to operate the facility
in the manner that was intended, shall be complete on the
Substantial Completion date. The Contractor may request
that a punch list be prepared by the Owner's Authorized
Representative with submission of the request for the
Substantial Completion notice.
K.5 TRAINING
As part of the Work, and prior to submission of the request
for final payment, the Contractor shall schedule with the Owner's
Authorized Representative, training sessions for all equipment and
systems, as required in the individual specifications sections.
Contractor shall schedule training sessions at least two weeks
in advance of the date of training to allow Owner personnel
adequate notice.
All warranty and indemnification provisions of this
Contract, and all of Contractor’s other obligations under this
Contract that are not fully performed by the time of Final
Completion or termination, shall survive Final Completion or
any termination of the Contract
SECTION L
LEGAL RELATIONS & RESPONSIBILITIES
L.1 LAWS TO BE OBSERVED
In compliance with ORS 279C.525, Sections L.2
through L.4 contain lists of federal, state and local agencies
of which the Owner has knowledge that have enacted
ordinances or regulations relating to environmental pollution
and the preservation of natural resources that may affect the
performance of the Contract:
The O & M Manual shall be used as a basis for training. Training
shall be a formal session, held after the equipment and/or system is
completely installed and operational in its normal operating
environment.
K.6 EXTRA MATERIALS
As part of the Work, Contractor shall provide spare parts,
extra maintenance materials, and other materials or products in the
quantities specified in the specifications, prior to final payment.
Delivery point for extra materials shall be designated by the
Owner's Authorized Representative.
K.7 ENVIRONMENTAL CLEAN-UP
As part of the Final Completion notice, or as a separate
written notice submitted with or before the notice of Final
Completion, the Contractor shall notify the Owner that all
environmental pollution clean-up 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. The notice shall
reaffirm the indemnification given under Section F.5.1 above.
K.8 CERTIFICATE OF OCCUPANCY
The Contractor shall not be granted Final Completion or
receive final payment if the Owner has not received an
unconditioned certificate of occupancy from the appropriate state
and/or local building officials, unless failure to obtain an
unconditional certificate of occupancy is due to the fault or
neglect of Owner.
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L.2 FEDERAL AGENCIES
Agriculture, Department of
Defense, Department of
Army Corps of Engineers
Energy, Department of
Federal Energy Regulatory Commission
Environmental Protection Agency
Health and Human Services, Department of
Housing and Urban Development, Department of
Solar Energy and Energy Conservation Bank
Interior, Department of
Bureau of Land Management
Bureau of Indian Affairs
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupation Safety and Health Administration
Transportation, Department of
Federal Highway Administration
Water Resources Council
L.3 STATE AGENCIES
Administrative Services, Department of
Agriculture, Department of
Soil and Water Conservation Commission
Columbia River Gorge Commission
Energy, Department of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Consumer and Business Services, Department of
Land Conservation and Development Commission
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Parks and Recreation, Department of
State Lands, Division of
Water Resources Department of
L.4 LOCAL AGENCIES
City Councils
County Courts
County Commissioner, Board of
Design Commissions
Historical Preservation Commission
Planning Commissions
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EXHIBIT 7
Supplemental General Conditions
Contract No. 120065C001
Project Name: Umatilla Building 77 Improvements, Hermiston,Oregon
For the above Contract, the following supplements modify the “State of Oregon General Conditions for Public Improvement
Contracts” set forth in Exhibit 6. 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.
SG-1 Section D is modified to add the following:
“ Nothing provided in Section D of the General Conditions (Changes in the Work) of the Contract shall excuse the Contractor from
proceeding with the prosecution of the Work so changed by direction of the Owners Authorized Representative.”
SG-2 A new Section M is added as follows:
M.1
Applicable Law.
This Contract is incidental to the implementation of a Federal program. Accordingly, this Contract shall be
governed by and construed according to Federal law as it may affect the rights, remedies, and obligations of the United
States.
M.2
Governing Regulations.
To the extent not inconsistent with the express terms of this Contract, the provisions of 32 CFR Part 33, Uniform
Administrative Requirements for Grants and Cooperative Agreements, DoD Grant and Agreement Regulations
(DoDGARS) (DoD 3210.6-R) as amended, Title 2 Code of Federal Regulations (CFR) Part 225, and NGR 5-1, are hereby
incorporated into this Agreement by reference as if fully set forth herein.
M.3
Nondiscrimination.
The Contractor covenants and agrees that no person shall be denied benefits of, or otherwise be subjected to
discrimination in connection with the Contractor's performance under this Contract. Accordingly, and to the extent
applicable, the Contractor covenants and agrees to comply with the following national policies prohibiting discrimination:
a.
On the basis of race, color or national origin, in Title V I of the Civil Rights Act of 1964 (42 U.S.C.
Section 2000d et seq.) as implemented by DoD regulations at 32 CFR part 195.
b.
On the basis of race, color, religion, sex, or national origin, in Executive Order 11246 {3 CFR, 19641965 Comp. pg. 339}, as implemented by Department of Labor regulations at 41 CFR part 60.
c.
On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et
seq.), as implemented by DoD regulations at 32 CFR part 196.
d.
On the basis of age, in The Age Discrimination Act of 1975 (42 U.S.C. Section 6101 et seq.), as
implemented by Department of Health and Human Services regulations at 45 CFR part 90.
e.
On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.
M.4
Lobbying.
a.
The Contractor covenants and agrees that it will not expend any funds appropriated by Congress to pay
any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in
connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any
Federal grant; the making of any Federal loan; the entering into of any Agreement; and, the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or Agreement.
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b.
The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the
Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C.
Section 1352) is incorporated by reference and the Contractor agrees to comply with all the provisions thereof, including
any amendments to the Interim Final Rule that may hereafter be issued.
M.5
Drug-Free Work Place.
The Contractor covenants and agrees to comply with the requirements regarding drug-free workplace
requirements in Subpart B of 32 CFR part 26, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988
(Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).
M.6
Environmental Protection.
a.
The Contractor covenants and agrees that its performance under this Contract shall comply with the
requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414) and Section 308 of the Federal Water Pollution
Control Act (33 U.S.C. Section 1318), that relate generally to inspection, monitoring, entry reports, and information, and
with all regulations and guidelines issued thereunder; the Resources Conservation and Recovery Act (RCRA); the
Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA); the National Environmental
Policy Act (NEPA); and Recovery Act (RCRA); and with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et.
Seq.) and Clean Water Act (33 U.S.C. 1251, et. Seq.), as implemented by Executive Order 11738 and Environmental
Protection Agency (EPA) rules at Subpart J of 40 CFR part 32; to identify any impact this award may have on the quality
of the human environment and provide help as needed to comply with the National Environmental Policy Act (NEPA, at 42
U.S.C. 4321, et. seq.); and any applicable Federal, State or Local environmental regulation.
b.
The Contractor shall ensure that no facility used in its performance under this is listed on the
Environmental Protection Agency (EPA) list of violating facilities pursuant to 40 CFR Part 15.5 without the concurrence of
the Owner. The Contractor shall notify the Owner of the receipt of any communication from EPA indicating that a facility
to be or being used in its performance under this Contract is under consideration for listing on the EPA list of violating
facilities.
c.
For the purposes of this section, the Owner agrees that the Contractor's obligations in paragraphs a. and
b. of this section above shall not apply to any armory, base, training site, or other facility or portion thereof, the operation
and maintenance of which is funded under this Contract, that is currently or becomes, listed as a violating facility, on the
effective date of this Contract, pursuant to 40 CFR Part 15.5; nor, shall the listing be the basis for the Owner's termination
for cause of this Contract or for the Owner's disallowance of any cost otherwise allowable under this Contract. Subject to
the availability of funds, the Contractor and the Owner agree to cooperate to remediate, as expeditiously as possible, any
facility the operation and maintenance of which is within the scope of this Contract, the condition giving rise to the listing
of any such facility as a violating facility according to applicable statutes, regulations, or other Agreements.
M.7
Use of United States Flag Carriers.
a.
The Contractor covenants and agrees that travel supported by U.S. Government funds under this
Contract shall use U.S.-flag air carriers ( air carriers holding certificates under 49 U.S.C. 41102) for international air
transportation of people and property to the extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the inter-operative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
b.
The Contractor agrees that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. 1241), as
implemented by Department of Transportation regulation at 46 CFR 381.7, and 46 CFR 381.7(b).
M.8
Debarment and Suspension.
The Contractor covenants and agrees to comply with the requirements regarding debarment and suspension in
Subpart C of the OMB guidance in 2 CFR part 180, as implemented by the DoD in 2 CFR part 1125. The Owner agrees to
communicate the requirement to comply with Subpart C to persons at the next lower tier with whom the Owner enters into
transactions that are “covered transactions” under Subpart B of 2 CFR part 180 and the DoD implementation in 2 CFR part
1125.
M.9
Buy American Act.
The Contractor covenants and agrees that it will not expend any funds appropriated by Congress without complying with The
Buy American Act (41 U.S.C.10a et seq.). The Buy American Act gives preference to domestic end products and domestic
construction material. In addition, the Memorandum of Understanding between the United States of America and the European
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Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA) provide that
EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.
M.10
Uniform Relocation Assistance and Real Property Acquisition Policies.
The Contractor covenants and agrees that it will comply with CFR 49 part 24, which implements the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.).
M.11
Copeland "Anti-Kickback" Act.
The Contractor covenants and agrees that it will comply with the Copeland "Anti-Kickback" Act (18 U.S.C. Section 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this Contract, the Copeland "Anti-Kickback" Act
makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person
employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give
up any part of the compensation to which that person is entitled under a contract of employment.
M.12
Contract Work Hours and Safety Standards Act.
The Contractor covenants and agrees that it will comply with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. Sections 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this
Agreement, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work
contemplated by this Contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all
additional hours at not less than 1.5 times the basic rate of pay.
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ATTACHMENT B
Statement of Work
SW-1 DESCRIPTION OF WORK:
This project will consist of converting three (3) equipment storage bays on the East end of Building 77
into two (2) temporary general purpose work bays for transient units using Umatilla Depot for training.
The project will consist of but is not limited to installing a concrete floor of approximately 5,516 square
feet (70’ x 78’8”) that will be eight (8) inches thick, a concrete apron fifteen (15) feet wide by seventy
eight (78) feet long, two (2) 14x20 foot insulated roll up doors with drive motors, three (3) 36” inch man
doors, twelve (12) tube lights with T-5 ballasts, switches, nine (9) wall mounted radiant heaters, 120
outlets and 220 power outlets with conduits and electrical wiring as needed. Two (2) 2x6 metal stud
walls with minimum R-19 value insulation and six (6) bollards will be installed to protect the rollup
doors and existing power transformer located in the East bay.
SW-2 LOCATION OF WORK:
Oregon Army National Guard
Umatilla Depot
78798 Ordinance Road
Hermiston, Oregon 97838
SW-3 PRINCIPAL FEATURES:
Contractor shall provide parts, labor, disposal, material, and installation to convert three (3) equipment
storage bays in Building 77 at Umatilla Depot into two (2) transient unit work bays. Contractor shall
inspect the existing structure and complete any needed repairs to the existing structure to complete this
project. Contractor shall complete this project per plans and specifications that include but are not
limited to:
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Installation of concrete slab on grade, 8 inches in depth, 4000 psi mix, smooth finish, #4 rebar
reinforcement at 16” grid, placed at 4” in depth, sub grade shall be 12” of 1”minus crushed rock
compacted to 95% minimum compaction, Geotextile fabric under sub base rock. Contractor
shall verify all measurements.
Installation of concrete approach apron 15 ft. X 78 ft., 8 inches in depth, 4000 psi mix, broomed
finish, #4 rebar reinforcement at 16” grid, placed at 4” in depth, dowelled into slab on grade, 4
inch x 4 inch angle iron edge the full length of the apron. Sub grade shall be 12” of 1”minus
crushed rock compacted to 95% minimum compaction, Geotextile fabric under sub base rock.
Contractor shall verify all measurements.
Installation of two (2) 14 ft. X 20 ft. roll up type doors with electric drive motors and push button
type controls, manual chain operation as a backup, 592 series Thermacore sectional doors as
manufactured by Overhead Door Corp. or approved equal, mounted into new wall on the North
side of the building. Contractor shall verify all measurements.
Installation of protective bollards on the exterior of the roll up doors, two (2) at each door and
two (2) at the transformer inside the East bay. The bollards shall be 6” standard wt. steel pipe per
the attached bollard detail, painted safety yellow.
Installation of two (2) new 2 X 6 inch exterior metal stud walls, 16” on centers, on the West side
of the bay area and one wall on the North side of the bay area. The North wall will need to
support the installation of the roll up doors indicated above and one man door. The West wall
will support the installation of two (2) man doors as directed by the Project Manager. The walls
shall be sheeted on the exterior with metal siding to match the existing siding. The interior walls
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
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

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shall be sheeted with ¾ inch sanded plywood up to 8 ft. in height and painted white. Contractor
shall verify all measurements.
Installation of a complete insulation package for the new walls, the existing walls and the
existing ceiling area, R-19 minimum R-value. Insulation will be exposed on the inside of the
bays above the plywood sheeting; therefore a standard exposed type metal building insulation
shall be used.
Installation of all electrical conduit and wiring needed to support lighting and power supply
needs utilizing the existing electrical panel mounted on the East wall.
Twelve (12) 4 tube hanging lights with T-5 ballasts, high output, manufactured by Lithonia or
approved equal, four (4) lights per bay area, individually controlled with switches at each bay
operating the lights in banks of four (4) each. All lighting to be high efficiency lighting.
Installation of 12 twelve (12) 110v 4 plex electrical outlets at the approximate locations indicated
on the conceptual drawing.
Installation of two (2) 220v outlets, one on the West wall and one on the East wall at
approximate locations indicated on the conceptual drawing.
Installation of electric radiant heaters, wall mounted, indoor /outdoor, Dayton 1UCP8 or
approved equal, manually controlled with a 60 minute manual timer. located at the approximate
locations indicated on the conceptual drawing.
Installation of six (6) bollards, two (2) at the exterior of each roll up door and two (2) at the
location of the power transformer on the inside of the East wall of the existing structure.
Installation of three (3) 3’0” X 7’0” steel doors with all hardware and frames. Locks and
cylinders shall be capable of accepting MEDECO lock cylinders. MEDECO locks and cylinders
shall be as recommended by Oregon Lock & Access in Salem, Oregon. Contractor shall
coordinate all keying with the Project Manager.
Installation of all Arch Flash safety floor markings and signage as required by code.
Installation of four (4) 10lb ABC type fire extinguishers with location signage, placed at
locations designated by the Project Manager.
Installation of one (1) 24 inch single speed louvered exhaust fan, Dayton 1HLB4 or approved
equal, mounted near the peak of the roof in the new West exterior wall, manually controlled with
a 60 minute manual timer.
Unit Price No. 1:
Provide unit cost per window for the installation of four (4) 3x5 windows on the new wall on the West
side of the work bays and two (2) windows on the new wall on the North side of the building. Windows
manufacturer shall be Milgard or approved equal.
SW-4 SITE VISIT:
Bidder shall visit the site to check and verify existing conditions. Should Bidder find conditions which it
believes would impede the work or finds discrepancies between the Statement of Work, drawings, or
specification, and existing site conditions, such conditions must be reported immediately to the Owner’s
representative prior to Bid. Failure to advise will constitute notice that Bidder is fully satisfied with the
existing conditions and that it intends to perform its obligations with no impediments to the Work.
Drawings are diagrammatical, dimensions take precedence over scale, and the Contractor shall verify all
dimensions. The Contractor shall verify that all contents of the drawings are covered.
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SW-5 PERMITS:
Contractor is responsible to pay for and obtain all Permits. The Contractor shall pursue permits in order
to begin project as soon as possible. The Owner shall bare no cost related to delays caused by the permit
process, only additional time shall be granted with an approved schedule.
SW-6 LOCATES:
All locates are the responsibility of the Contractor. The Contractor shall obtain and pay for all locates
on or off project site.
SW-7 DRAWINGS AND SPECIFICATIONS:
The related drawings entitled A1.0 Floor Plan Building 77, one (1) page, A2.0-Details Building 77, one
(1) page and attached limited specifications, fifty (50) pages, are hereby made a part of these Contract
Documents. Items not indicated in these documents that can be legitimately and reasonable inferred to
complete the work shall be furnished by the Contractor as though it were detailed herein.
SW-8 NOTIFICATION AND ACCESS:
The Contractor shall notify the Project Manager 72 hours prior to starting the work. The Project
Manager for this project is Scott Mansfield, (503) 584-3511. The Contractor shall coordinate all work
with the Project Manager.
SW-9 COMPLETION OF WORK AND SCHEDULE:
All work covered by these specifications and related drawings shall be fully completed within one
hundred and twenty (120) calendar days after issuance date of the signed Notice to Proceed for this
Contract.
SW-10 PAYMENT:
Payment request shall be submitted on standard AIA form 701 and 702 or similar. No payment beyond
75% will be made by the Owner until O&M Manuals have been received (General Conditions Section
K.2)
SW-11 WARRANTY:
Provide installation warranty for a period of not less than two (2) years and standard manufacturer’s
warranty on all products used.
SW-12 CONSTRUCTION SCHEDULE REQUIREMENTS:
Schedule all work so interruption to the utility service within the facility is held to a minimum.
Coordinate all Utility shut-offs with the Facility Maintenance Specialist assigned at the pre-construction
meeting. Work shall be coordinated and scheduled to proceed in a well-planned progressive manner
with the least amount of delays and/or interruptions. No work will be done on weekends or holidays
without written permission from Owner or his representative.
Substantial completion and final completion dates shall be adjusted upon approval of Construction
schedule by the Project Manager at the pre-construction meeting.
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The work schedule shall be presented at the pre-construction meeting to determine the Work period.
Schedule shall include but not limited to; Mobilization, layout, Critical Path, task, floats, submittals,
review time, delivery time outside the task, permit/plans review, substantial and final completion times.
SW-13 BACKFILL or COVER UP:
Before any backfill to trenches or holes, interior and exterior sheathing, concrete, or metal the
Contractor shall notify the Project Manager a minimum of three (3) working days in advance. Contractor
shall photograph all areas prior to covering and proceeding with work activities.
SW-14 SUPERVISORS WEEKLY REPORT:
Beginning the date the Notice to Proceed has been signed, the Contractor shall submit a weekly
Supervisors Report by the close of business every Friday. The report shall consist of work done during
the week broken out on a day by day basis, if no work was done during the week than the report shall
show no work has been done. This report shall be required up to the date of final acceptance. Also a
report of what work is to be done the following week shall be submitted weekly. All reports shall be
delivered by email or CD.
SW-15 PHOTOS:
Each week to be submitted with the weekly Supervisors Report shall be photos of the task being done
that week; photos shall consist of before, during, and after. All photos shall be delivered by email or CD.
SW-16 SPECIAL INSPECTIONS:
The Contractor shall submit a list of local companies for “Special Inspections” including all forms and
pay/fee schedules for approval to the Project Manager. Upon approval the Contractor shall notify the
authority having jurisdiction of approved company. The company selected for special inspections shall
invoice the Owner directly and send reports to the Owner, Contractor, and local jurisdiction. Contractor
shall coordinate all scheduling with the Project Manager and the Special Inspection Company for the
Special Inspections.
SW-17 SUBMITTALS:
The Contractor shall submit a submittal schedule for the entire project identifying the required
submittals/information per the scope of work. Submission of this schedule will be in conjunction with
the submitted construction schedule identifying critical path projection.
When at all possible all submittals shall be submitted via email. If submittals cannot be done via email
then five (5) sets/copies shall be presented to the Project Manager.
All items/materials containing colors, textures and/or patterns shall be submitted via factory color sheet
in hard copy. The Contractor shall provide enough hard copies for review to allow two (2) hard copies to
be retained by the Owner.
Equipment, shop drawings, etc. shall be submitted to the Project Manager for approval prior to
procuring any item.
All items specifically called out in the Contract Documents shall be submitted for approval by the
Project Manager.
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Project Manager shall review each submittal and respond to the Contractor after the Owner is
completely satisfied the submittal or submittal package meets the intent of the contract documents.
A submittal package is several items submitted at one time.
SW-18 SALVAGE RIGHTS:
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.
SW-19 MEANS AND METHODS:
Means and methods of construction are solely the responsibility of the Contractor. Bidding means and
methods that are deemed infeasible by site conditions, other than concealed conditions, shall be the sole
responsibility of the Contractor. The Owner shall not compensate the Contractor for changes to means
and methods when determined infeasible by site conditions, other than concealed conditions.
SW-20 PROJECT MEETINGS:
Project meetings if so directed by the Project Manager shall be conducted by the Contactor at anytime
during the life of the project and the Contractor shall provide the meeting notes to all stakeholders,
A&E, subcontractors, as required. The meeting notes shall be distributed no later than 72 hours after the
project meeting. The format in which the project meeting shall include but not limited to: Heading,
attendees with name, agency, phone numbers and email addresses to include guests, Schedule Updates,
Information Items, New Action Items, Unresolved Action Items from prior meeting (s), Action Items
Resolved at Prior meetings, most current schedule to include Critical Path, and to include but not limited
to the most current RFI log, most current Submittal Log, most current ASI Log, Proposal Request Log.
Minimum Information for Log Reports:
RFI Log: Number, Item, Date Sent, Reply Required by, Date Received, Cost Impact, Schedule Impact,
and Remarks.
Submittal Log: number, Submittal, Description, Type, Subcontractor, Date material required on site,
Date required from Subcontractor, Date sent to Owner, Date due back from Owner, Date Received back
from Owner, and Status.
ASI Log: ASI number, Description, Date of Issuance, Date submitted to Arch., Owner, Local
Jurisdiction, Date returned to Contractor, and Status.
Proposal Request Log: Proposal Number, Reference, Description, Amount, Date Issues Response Date,
and Status.
Contractor shall provide three (3) each tabbed “D” type 3 Ring binders labeled for each type of Log to
Owner upon completion of project.
SW-21 DD FORM 1354 DRAFT:
The DD Form 1354 Draft is a spread sheet that captures all Capital Improvements. The Project Manager
will help provide items but the Contractor is responsible to fill out the DD Form 1354 Draft to capture
all new items. For example include but not limited to; transformers, concrete pads/aprons, water holding
tanks, electrical wire outside a building, gas lines outside a building, sewer lines, storm water lines,
underground vaults, fences, gates, buildings, ramp/docks, flagpole, generators, concrete, asphalt, fire
hydrants, and etc. The unit of measure, the measurement, and cost for that item shall be provided.
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SW-22 CLOSING DOCUMENTS:
Per the Contract General Conditions Section K.2, Contractor shall provide three (3) “D” type ring
tabbed and labeled binders that list all items to include all closing documents, submittals, subcontractors,
suppliers, with points of contact names, phone numbers, and emails, components, systems, etc., sorted
by the most current CSI format. In addition, the Contractor shall provide one (1) CD with all closing
documents. This includes all Log Reports as described in SW-20 whether there were project meetings or
not. All as-builds shall be provided to the Owner in AUTOCAD 2010 or newer and PDF that depict the
project as constructed and shall reflect each and every change, modification, and deletion made during
the construction. If the Owner has existing AUTOCAD files they will be provided to the Contractor to
create as-builds, if no existing AUTOCAD files exist the Contractor shall create new ones, DO NOT
USE “XREFS”.
END OF STATEMENT OF WORK
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ATTACHMENT C
Technical Specifications
The current Technical Specifications are labeled as Attachment C and are attached as Adobe® .pdf files and are
hereby incorporated into the Contract, and can be obtained in hard copy form by contacting the project manager
Scott Mansfield at (503) 584-3511. Cost for hard copy is referenced in Attachment A, Section C, C.1.3.3.
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ATTACHMENT D
Plans/Drawings
The current Plans and Drawings are labeled as Attachment D and are attached as Adobe® .pdf files and are
hereby incorporated into the Contract, and can also be obtained in hard copy form by contacting the project
manager Scott Mansfield at (503) 584-3511. Cost for hard copy is referenced in Attachment A, Section C,
C.1.3.3.
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ATTACHMENT E
DD Form 1354 Draft
The current DD Form 1354 Draft is labeled as Attachment E and is attached as Adobe® .pdf files and is hereby
incorporated into the Contract, and can also be obtained in hard copy form by contacting the project manager
Scott Mansfield at (503) 584-3511. Cost for hard copy is referenced in Attachment A, Section C, C.1.3.3
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