00005105_RFCQ.doc

Oregon Department of Transportation

Request for Competitive Quotes (“RFCQ”) OregonBuys Bid # S-73000-00005103

(PCMS #35513)

Solicitation conducted under intermediate procurement procedures per ORS 279B.070 and OAR 137-047-0270

THIS IS NOT AN ORDER

Non-Discrimination Notice

ODOT, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all potential offerors that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit offers in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

See “Instructions to Offerors” for additional information.

Procurement Summary and Specifications:

The Oregon Department of Transportation (ODOT) is seeking quotes for timber bridge deck and rail materials meeting the following specifications:

Glue Laminated Timber Members must meet the requirements found in the 2021 Oregon Standard Specifications for Construction (“Standard Specifications”) specification number 02140. Timber Members must be fabricated as shown in the attached plans, including the pre-boring of all through holes in deck panels, railings, curbs and scupper blocks prior to preservative treatment. All glulam timber must be treated in accordance with the “Preservative Treatment” notes on Sheet J01 of the plans. Additional timber requirements are shown in the notes on Sheet J01 of the plans.

Guardrail Posts and Blocks must meet the requirements found in the Standard Specifications, specification number 02110.

Standard Specifications are available online: http://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx Contractor must deliver the timber bridge deck and rail materials to the following delivery location, in the quantities listed in the Bid Form, no later than MARCH 31, 2023. Contractor must coordinate delivery with the contact person listed no later than 48 hours prior to delivery.

Delivery location and contact person:

12735 NW Pacific Coast Hwy Seal Rock, OR 97376 Attn:

Rick Johnson

541-914-3254 INVOICES: Once all Goods have been delivered, invoice must be submitted to:

Rick Johnson

ODOT District 5

1920 Henderson Ave.

Eugene OR 97403

541-914-3254 Rick.johnson@ODOT.state.or.us

PO Attachments:

The following attachments will be incorporated into the PO issued to the successful Offeror (if any):

Attachment A – Insurance Requirements

Method of Award:

ODOT intends to issue a PO as a result of this RFCQ based on the following:

FORMCHECKBOX

Offeror that submits the lowest price, so long as the quote complies with all requirements

FORMCHECKBOX

Offeror that submits the quote that best serves ODOT, considering price and other factors as described in ORS 279B.070(4)

ODOT may negotiate with an offeror to clarify the quote or to effect modifications that will make the quote more advantageous to ODOT. (OAR 137-047-0270)

COMPETITIVE QUOTE FORM

Upload this form into OregonBuys Offeror Information

Offeror (COMPANY) Legal Name:

Offeror Address:

Contact Person name and title:

Email:

Phone:

By signature below, the undersigned Authorized Representative hereby certifies on behalf of the offeror that:

1. Offeror agrees to and shall comply with all requirements, specifications and terms and conditions included with this RFCQ (including all Attachments and Addenda, if any) if awarded a PO under this solicitation.

2. In accordance with ORS 279A.110(4), Offeror does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin. And, pursuant to ORS 279A.110, offeror has not and offeror will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055.

Authorized Signature:

Title:

PRICE QUOTE

Enter prices below AND enter your total bid price on the items tab in OregonBuys.

REFERENCES FORM

Upload this form into OregonBuys REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE: Offeror shall provide a list of three different firms for references that can be contacted regarding the quality of goods and/or services that the offeror provided in the last 4 years on purchases or projects comparable in size and scope to the purchase or project described in this solicitation.

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

INSTRUCTIONS TO OFFERORS

QUOTE REQUIREMENTS

This RFCQ is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Quotes must be submitted through the OregonBuys system.

· Offeror must be registered as a vendor in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

· Offeror is responsible for ensuring that its vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

To submit a quote under this solicitation, Offeror must upload the following documents into OregonBuys:

· Signed Competitive Quote Form (2 pages)

· References Form with all required information No public opening of quotes will be held.

CHANGES TO THE RFCQ:

If ODOT makes any changes to this request for quotes, ODOT will provide details of the change(s) and any associated instructions to Offerors in an Amendment posted on OregonBuys.

AWARD REQUIREMENTS (for winning offeror only)

1. Prior to issuance of a PO, the winning offeror must submit the following to the ODOT Purchaser:

· Certificates of Insurance for required insurance coverages as stated in Attachment A. Each offeror is encouraged to discuss insurance requirements with their agent prior to submitting a quote so any costs can be included in the price quote.

· Responsibility Inquiry Form: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section, Misc. Procurement Related Forms).

2. Additional requirements:

· Business Registry: The winning offeror must be duly authorized to transact business in the state of Oregon through registration of its assumed business name (if any) or corporation with the Secretary of State Corporations Division (unless exempt). ODOT may require the winning offeror to provide its registry information prior to issuing a PO.

· W-9 Form: If the winning offeror has not received payments from ODOT before, the offeror will need to submit an IRS form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf.

· Nonresident bidder Form. If the winning offeror is a nonresident bidder {as defined in ORS 279A.120(1)} and the contract amount exceeds $10,000, the offeror must report to the Department of Revenue a Non-Resident bidder Form prior to receiving final payment under the PO.

PURCHASE ORDER (“PO”) STANDARD TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS/SERVICES

Oregon Department of Transportation (Agency)

1. DELIVERY: All deliveries shall be F.O.B. destination with all transportation and handling charges paid by Contractor, unless specified otherwise in the solicitation documents or PO. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance when responsibility shall pass to Agency except as to latent defects, fraud and Contractor’s warranty obligations.

2. INSPECTIONS: Deliverables furnished under this PO shall be subject to inspection and test by Agency at times and places determined by the Agency. If Agency finds Deliverables furnished to be incomplete, not in compliance with the solicitation specifications and this PO, or defective in any way, Agency, at its sole discretion, may either reject the Deliverables, require Contractor to correct any defects without charge, or negotiate with Contractor to sell the Deliverables to Agency at a reduced price, whichever Agency deems equitable under the circumstances.

If Contractor is unable or refuses to cure any defects within a time deemed reasonable by Agency, Agency may reject the Deliverables and cancel this PO in whole or in part. Nothing in this paragraph shall in any way affect or limit the Agency’s rights as Buyer under the Uniform Commercial Code (“UCC”), including but not limited to the rights and remedies relating to rejection under ORS 72.6020 and revocation of acceptance under ORS 72.6080. Agency’s review, approval or acceptance of, or payment for, the Deliverables required under this PO shall not be construed to operate as a waiver of any rights under this PO or of any cause of action arising out of the performance of this PO, and Contractor shall be and shall remain liable to Agency in accordance with applicable law for all damages to Agency caused by Contractor’s negligent performance or failure of any of the Deliverables furnished under this PO.

3. PAYMENT: Payment for completion of Agency contracts is normally made within 30 days following the date the entire order is delivered or the date the invoice is received, whichever is later. After 45 days, Contractor may assess overdue account charges up to a maximum rate of two-thirds of one percent per month (8% per annum) on the outstanding balance (ORS 293.462).

4. STATE PAYMENT OF CONTRACTOR CLAIMS: If Contractor fails, neglects or refuses to pay promptly, as due, any claim for labor or services furnished to the Contractor or any subcontractor by any person in connection with the Deliverables provided under this PO, Agency may, but is not obligated to, pay such claim and charge the amount of the payment against funds due or to become due the Contractor under this PO. The payment of a claim by Agency pursuant to this paragraph shall not relieve the Contractor or its surety, if any, from obligation with respect to any unpaid claims.

5. REPRESENTATIONS AND WARRANTIES: All implied and express warranty provisions of the UCC are hereby incorporated by reference. Further, Contractor represents and warrants that –

– Contractor has the power and authority to enter into and perform this PO,

– Contractor is an independent contractor as defined in ORS 670.600(2);

– Contractor’s provision of the Deliverables creates no potential or actual conflict of interest as defined in ORS chapter 244. Contractor shall immediately submit to Agency an accurate and complete Conflict of Interest Disclosure Form if any disclosures are required per the ODOT COI Guidelines (available at https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx).

.– Contractor has for the six years preceding the effective date of this PO complied with, and agrees that during the term of this PO shall comply with Oregon Tax Laws and applicable tax laws of political subdivisions of this State.

– Contractor has no undisclosed liquidated and delinquent debt owed to the State of Oregon or any department or agency thereof;

– this PO, when executed and delivered is a valid and binding obligation of Contractor, enforceable in accordance with its terms;

– unless otherwise stated in this PO, all Deliverables are free and clear of any liens or encumbrances and shall be new (and, if applicable, the current model) and carry full manufacturer warranties;– Contractor has full legal title to the Deliverables and that no other person has any right, title or interest in the Deliverables, which shall be superior;

– all Deliverables provided are free from defects in labor, material and manufacture and in compliance with the specifications set out in this PO; and

– if Contractor is comprised of more than one legal entity (for example, a joint-venture or partnership), each such entity shall be jointly and severally liable under this PO.

These representations and warranties are cumulative and are in addition to and not in lieu of any other representations or warranties found in this PO or the law.

6. TERMINATION: (i) The parties may terminate this PO in whole or in part by mutual agreement. (ii) Agency may terminate this PO in whole or in part at any time upon written notice to Contractor. Upon receipt of the written notice, Contractor shall stop performance, and Agency shall pay Contractor for Deliverables provided and accepted. (iii) Agency may terminate this PO at any time upon written notice to Contractor if Agency fails to receive funding, appropriations, or other expenditure authority. (iv) Agency may terminate this PO for cause upon written notice to Contractor if Contractor breaches any PO provision, representation and warranty, certification, obligation (including failure to cure deficiencies within the deadline set forth in a cure notice), or is declared insolvent. Contractor shall be liable for all damages resulting from its breach of the PO, including, but not limited to all incidental and consequential damages as provided in the UCC and ORS 72.7110 to 72.7170.

7. REMEDIES: Any violation or breach of this PO entitles Agency to terminate this PO (in whole or in part), to pursue and recover any and all damages that arise from the breach and the termination of this PO, and to pursue any or all of the remedies available under this PO, at law, or in equity, including but not limited to: termination of this PO in whole or in part; collection by administrative offset or garnishment, if applicable, or withholding amounts otherwise due and owing to Contractor without penalty. The remedies set forth in this Section 7 are cumulative.

8. INDEMNIFICATION/HOLD HARMLESS: Contractor shall indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Department of Transportation, their officers, agents and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorneys fees, of whatsoever nature, resulting from or arising out of the acts or omissions of Contractor or its subcontractors, or their respective agents, officers or employees, under this PO.

9. GOVERNING LAW, JURISDICTION, VENUE: This PO is governed by Oregon law, without resort to any other jurisdiction’s laws. Any claim, action, suit, or proceeding between Agency and Contractor that relates to this PO (Claim) shall be heard exclusively in the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively in the US District Court for the District of Oregon. CONTRACTOR CONSENTS TO THE IN PERSONAM JURISDICTION OF THESE COURTS. Nothing in this Section or any other provision of this PO shall be construed as a waiver by the State of Oregon of any form of defense, sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the US Constitution, or other immunity, from any Claim or from the jurisdiction of any court.

10. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, sell, transfer, or subcontract rights, or delegate responsibilities under this PO, in whole or in part, without the prior written approval of Agency. No such written approval shall relieve Contractor of any obligations under this PO, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable to Agency under this PO as if no such transfer or subcontract had occurred. The provisions of this PO shall be binding upon and shall inure to the benefit of the parties to this PO and their respective successors and permitted assigns.

11. TIME IS OF THE ESSENCE: Contractor agrees that time is of the essence under this PO.

12. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond its reasonable control. Agency may terminate this PO without liability to Contractor upon written notice after determining the delay or default reasonably prevents performance of this PO.

13. COMPLIANCE WITH APPLICABLE LAW: Contractor shall comply with all applicable federal, State and local laws, regulations, executive orders, and ordinances, as amended (Rules), including, without limitation, the provisions of: (i) Titles VI and VII of Civil Rights Act of 1964; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990; (iv) Executive Order 11246; (v) The Age Discrimination in Employment Act of 1967, and the Age Discrimination Act of 1975; (vi) The Vietnam Era Veterans’ Readjustment Assistance Act of 1974; (vii) ORS Chapter 659; (viii) ORS 279B.020 and 279B.270; (ix) all other applicable requirements of federal and State civil rights and rehabilitation statues, rules and regulations; (x) all federal and State laws governing the handling, processing, packaging, storage, labeling, and delivery of food products; and (xi) all regulations and administrative rules established pursuant to the foregoing laws. Agency’s performance is conditioned upon Contractor’s compliance with, 279B.220, 279B.225, 279B.230, and 279B.235, as applicable. All applicable Rules are incorporated by reference in this PO.

14. PAYMENTS REQUIRED By ORS 279C.505 AND 279B.220: For all Deliverables provided under this PO, Contractor shall (i) pay promptly, as due, all persons supplying labor or material; (ii) pay all contributions or amounts due the industrial Accident Fund from the Contractor or any subcontractor; (iii) not permit any lien or claim to be filed or prosecuted against the State, county, school district, municipality, municipal corporation or subdivision thereof; and (iv) pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

15. SAFETY AND HEALTH REQUIREMENTS: Contractor warrants Deliverables provided under this PO comply with all federal Occupational Safety and Health Administration (“OSHA”) requirements and with all Oregon safety and health requirements, including those of the State Workers’ Compensation Division.

16. WORKERS’ COMPENSATION: Contractor shall comply with ORS 656.017 and provide the required workers’ compensation coverage, unless exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

17. SAFETY DATA SHEET (“SDS”) AND PRODUCT LABELING: Contractor shall comply with Hazard Communication requirements set forth in 29 CFR 1910.1200. As applicable, Contractor shall provide Agency with an SDS for any Deliverables provided or products used under this PO which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag or mark such Deliverables or products with required warnings.

18. RECYCLABLE PRODUCTS: Unless otherwise required, Contractor shall use recycled and recyclable products to the maximum extent economically feasible in the performance of this PO. These products shall include recycled paper, recycled PETE products, other recycled products (ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products.

19. FOREIGN CONTRACTOR/BUSINESS REGISTRATION: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to the PO. Agency may withhold final payment under this PO until Contractor has met this requirement.

20. ACCESS TO RECORDS: Contractor shall maintain all fiscal records relating to this PO in accordance with generally accepted accounting principles and shall maintain any other records relating to this PO in such a manner as to clearly document Contractor’s performance hereunder. Agency, the Secretary of State Audits Division and their duly authorized representatives shall have access to such fiscal records and to all other books, documents, papers, plans and writings of Contractor which relate to this PO to perform examination and audits and make excerpts and transcripts. To the extent provided by law, the federal government shall be entitled to the same access as Agency. Contractor shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of 6 years, or such longer period as may be required by applicable law following final payment and termination of this PO, or until the conclusion of any audit, controversy or litigation arising out of or related to this PO, whichever date is later.

21. SEVERABILITY: If any provision of this PO is declared by a court of competent jurisdiction 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 this PO did not contain the particular provision held to be invalid.

22. WAIVER: No waiver, consent, modification or change of terms of this PO shall bind either party unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of Agency to enforce any provision of this PO shall not constitute a waiver by Agency of that or any other provision.

23. AMENDMENTS: All amendments to this PO must be in writing and signed by Agency.

24. TAX COMPLIANCE AND CERTIFICATION: Contractor’s failure to comply with Oregon Tax Laws or applicable tax laws of political subdivisions of this State for the six years before Contractor executed this PO or during the term of this PO is a default for which Agency may terminate this PO and seek damages and other relief available under the terms of this PO or under applicable law. By entering this PO, Contractor hereby attests and certifies under penalty of perjury: (a) the number provided to Agency is the correct Federal Employer Identification Number; (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding; and (c)(i) it has complied with and is not in violation of any Oregon Tax Laws including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318, or applicable tax laws of any political subdivisions of this State, and (ii) for the six years preceding the date of this PO Contractor has been in compliance with Oregon Tax Laws and the applicable tax laws of political subdivisions of this State.

25. PERFORMANCE STANDARDS: Contractor shall meet the highest standards prevalent in the industry or business most closely involved in providing the Deliverables required under the PO.

26. FAILURE TO PERFORM: The consequences for Contractor’s failure to perform the scope of work identified in the PO, meet the delivery schedule requirements, meet established performance standards, or to cure deficiencies within the stated deadline, may include, but are not limited to:

(i) Reducing or withholding payment; (ii) Requiring Contractor to perform, at Contractor’s expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

(iii) Declaring a default, terminating the PO and seeking damages and other relief available under the terms of the PO or other applicable law.

27. DEBT RECOVERY: The State may undertake collection by administrative offset, or garnishment if applicable, of all monies due for Deliverables to recover liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law.

28. ORDER OF PRECEDENCE: The terms and conditions set forth in sections 1 through 28 are the Standard Terms and Conditions applicable to this PO. Agency may also provide “special terms and conditions” elsewhere in the invitation to bid, request for proposals, or PO which apply only to this PO. In the event of a conflict between the standard and “special terms and conditions”, the “special terms and conditions” take precedence, unless the standard term(s) in question is/are required by law. In the event of any other conflict, 1) the special terms and conditions, 2) these Standard Terms and Conditions, 3) the Invitation to bid or Request for Proposal, and 4) the proposal or response thereto shall be interpreted in the foregoing order of precedence. Contractor agrees that, in the event of a conflict, all the terms and conditions of this PO supersede all preprinted terms and conditions on any forms used by the Contractor. The rights and remedies of Agency provided for under this PO are in addition to any other rights and remedies provided by law.

ATTACHMENT A

INSURANCE REQUIREMENTS

“Contract” in this attachment means the contract formed by ODOT’s acceptance of the Contractor’s quote through issuance of a PO.

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

SUBCONTRACTORS:

Contractor shall require that all of its subcontractors carry insurance coverage that the Contractor deems appropriate based on the risks of the subcontracted work. Contractor shall obtain proof of the required insurance coverages, as applicable, from any subcontractor providing Services related to the Contract.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

Required by ODOT of Contractors with subject workers, as defined by ORS 656.027.

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer’s Liability Insurance with limits not less than $500,000 each accident. Contractor shall require compliance with these requirements in each of its subcontractor contracts.

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

COMMERCIAL GENERAL LIABILITY

Required

Commercial General Liability insurance must be issued on an “occurrence basis” covering “bodily injury” and “property damage” and shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage.

· Coverage shall be written on an occurrence basis in an amount of not less than FORMCHECKBOX $1,000,000 $5,000,000 per occurrence.

$2,000,000

· Annual aggregate limits shall not be less than 10,000,000. $4,000,000 $2,000,000

AUTOMOBILE LIABILITY

Not required Required Automobile Liability insurance covering Contractor’s business-related automobile use covering all owned, non-owned, or hired vehicles for “bodily injury” and ”property damage”, with a combined single limit of not less than FORMCHECKBOX $1,000,000 $5,000,000. $2,000,000

EXCESS/UMBRELLA LIABILITY INSURANCE:

A combination of primary and Excess/Umbrella Liability insurance may be used to meet the required limits of insurance.

NOTICE OF CHANGE OR CANCELLATION:

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

CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to ODOT Certificate(s) of Insurance for all required insurance before delivering any Goods or performing any Services required under the Contract. The Certificate(s) shall:

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

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

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

· If Excess/Umbrella Liability insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the Excess/Umbrella Liability insurance.

· List the following as a Certificate Holder:

Rick Johnson 1920 Henderson Ave

Eugene OR 97403

ENDORSEMENTS:

i.

Additional Insured. The liability insurance coverages, except Professional Liability or Workers’ Compensation/Employer’s Liability, if included, required for performance of the Contract must include an "additional insured" endorsement endorsing the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees.” Coverage shall be primary and non-contributory with any other insurance and self-insurance. Proof of additional insured status will include copies of endorsements or policy wording which must be submitted with the Certificate(s) of Insurance.

ii.

Commercial General Liability must endorse the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees” as additional insureds with respect to liability arising out of work or completed operations performed by, or on behalf of, the Contractor including materials, parts, or equipment furnished in connection with such work or operations. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed insureds.

iii. The additional insured endorsements must be acceptable to ODOT.

STATE ACCEPTANCE:

All insurance and insurance providers are subject to State acceptance. In addition, all of the following are subject to Agency acceptance and, if requested by Agency, the Consultant shall provide complete copies of the following to Agency’s representatives responsible for verification of the insurance coverages required by the Contract: insurance policies, endorsements, self-insurance documents and related insurance documents.

ATTACHMENT B

PLANS

(Attached as a separate pdf document) Revision: 4/15/22