00012137 ESB_Attachments.pdf

Rev 01/2022 Page 1 of 22

ATTACHMENT A –SAMPLE AGREEMENT FORM

PROSPECTIVE CONTRACTOR INSTRUCTIONS: Do not submit this document with your Competitive Quote. If you are the successful prospective Contractor, ODOT will fill in the blanks within this form and request your signature, which will represent your agreement to enter into a contract. PLEASE

NOTE: There are some terms in this document that you will be agreeing to should you be awarded a contract; for instance, completion dates and liquidated damages. Please make sure you have read and understand this document before you submit a Competitive Quote.

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT FORM

for the project

ESB 2024 District 7 Mailbox Support Replacements Contract Number

Resulting from Request for Competitive Quotes No. S-73000-00012137

This Agreement (the “Agreement”), made by and between the State of Oregon, acting by and through the Department of Transportation, hereinafter called OWNER, and_____________________________________ hereinafter called CONTRACTOR, (collectively the “Parties”) shall become effective on the date this Agreement has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained, whichever is later. Unless otherwise defined in the in this Agreement or its attachments, the capitalized terms used herein are defined in Section A.1 of the State of Oregon General Conditions for Public Improvement Contracts.

WITNESSETH:

1. Contract Price, Contract Documents and Work.

CONTRACTOR, in consideration of the sum of $_____________________ (the “Contract Price”), to be paid to CONTRACTOR by OWNER in the manner and at the time hereinafter provided, and subject to the terms and conditions provided in the Contract Documents, all of which are incorporated herein by reference, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents. CONTRACTOR understands and agrees that various provisions incorporated from websites and Attachments to the Request for Competitive Quotes and other Contract Documents were not physically attached but were and are incorporated by reference and have the same force and effect as if fully set forth therein.

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

Exhibit 1 Specifications and Special Provisions Exhibit 2 Mailbox Support Replacements Highway and Mile Post Locations

Rev 01/2022 Page 2 of 22

Exhibit 3 ODOT Standard Drawings Exhibit 4 General and Supplemental General Conditions

Exhibit 5 Contract Closeout Compliance Checklist

ATTACHMENTS INCORPORATED FROM WEBSITES:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts Prevailing Wage Rate Book as amended applicable to projects first advertised for bid on July, 5, 2024 and as amended on October 5, 2024 for Work that will take place in Douglas, Coos and Curry Counties, BOLI Regions 6 & 7 available at:

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

ODOT’s Conflict of Interest Guidelines are available on ODOT’s website (see Guidance, Policy & Resources) and are incorporated into this Contract:

http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

The Contract Price includes: Competitive Quote items #1-3 as entered in OregonBuys.

2. Representatives.

Unless otherwise specified in the Contract Documents, OWNER designates the person listed below as its Authorized Representative in the administration of the Contract. The Owner’s Authorized

Representative shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of OWNER. CONTRACTOR has named _______________________________________ its authorized representative to act on its behalf.

Owner’s Authorized Representative:

Name: Blake Howren

Position: Project Manager Address: 3500 NW Stewart Parkway City state Zip: Roseburg, OR 97471

Cell: 541-315-1943 Email: Blake.W.Howren@odot.oregon.gov

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

Substantial Completion: June 20, 2025

Final Completion: June 30, 2025

4. Liquidated Damages.

Failure to achieve Substantial Completion by the time specified above for Substantial Completion will result in damage to OWNER. Since actual damage will be difficult to determine, it is agreed that CONTRACTOR shall pay to OWNER, not as a penalty but as liquidated damages, $300.00 per calendar https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

Rev 01/2022 Page 3 of 22 day for each day elapsed in excess of the Substantial Completion date specified in Section 3 of this Agreement until Substantial Completion is achieved.

5. Certifications.

(a) Reserved

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

(c) Contractor certifies that all subcontractors performing Work described in ORS 701.005(2) (i.e., construction Work) will be registered with the Oregon Construction Contractors Board or licensed by the Oregon State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the Contract.

(d) Contractor certifies that it is certified by the State of Oregon as an “Emerging Small Business” per the guidelines of the Certification Office for Business Inclusion and Diversity (“COBID”), that it will comply with all requirements of the Emerging Small Business Assistance Program under Oregon Revised Statute (ORS) 200.160 through ORS 200.200, and that it will perform at least 51 percent of the labor for the Work using the Contractor's own workforce.

(e) Contractor has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following: (i) A written employee drug testing policy, (ii) 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 (iii) Required testing of a Subject Employee when the Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.

6. Integration.

THE CONTRACT DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO

WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THE CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION

OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE

BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THE

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

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

CONTRACTOR’S INFORMATION:

NAME & ADDRESS: __

CONTACT INFORMATION: __

CONTRACTOR’S CCB #: __ CCB EXPIRATION DATE: __

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CONTRACTOR’S ESB #: ___

CONTRACTOR’S AUTHORIZED SIGNATURE:

Title Date

OWNER’S AUTHORIZED SIGNATURE:

Title Date

Rev 01/2022 Page 5 of 22

EXHIBIT 1

SPECIAL PROVISONS & SPECIFICATIONS FOR

ESB 2024 DISTRICT 7 MAILBOX SUPPORT REPLACEMENTS

2024 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION: The 2024 Oregon Standard Specifications for Construction (“Standard Specifications”) include detailed technical specifications that apply to this Request for Competitive Quotes and resulting Contract.

Some sections of the technical specifications are identified and modified below. Sections of the technical specifications not identified below remain applicable to the Contract according to their original terms.

Part 00100 of the Standard Specifications (General Conditions) is not applicable to the Contract;

however, if a technical specification (Parts 200 and beyond) references a section from Part 00100, that section from Part 00100 applies to the Contract for purposes of supporting and giving full effect to the technical specification. The Standard Specifications are available online:

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/standard_specifications.aspx

SCOPE

The work to be done under this Contract consists of supplying the materials, equipment, labor, and incidentals necessary to perform the following work, located throughout District 7, as described in the Contract plans and specifications:

1) Provide and maintain temporary work zone traffic control.

2) Remove existing non-standard mailbox supports and install State-furnished mailbox supports and brackets. Remove and reinstall existing mailboxes and newspaper boxes on the new mailbox supports. Complete work in accordance with applicable ODOT Standard Drawings, and as directed. Coordinate with the property owners in advance of completing the work. See Exhibit

2 for locations of the work and additional requirements.

3) Perform additional and incidental work as noted in the Contract plans and specifications and as directed.

PROJECT INFORMATION

General information pertaining to this project may be obtained from the following:

Blake Howren, Project Manager Email: Blake.W.Howren@ODOT.Oregon.gov

APPLICABLE STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS

Silence of Specifications: The apparent silence of the specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that the highest value commercial practices are to prevail and that only materials and workmanship of first quality are to be used.

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/standard_specifications.aspx mailto:Blake.W.Howren@ODOT.Oregon.gov

Rev 01/2022 Page 6 of 22

Where neither the Special Provisions nor the bid schedule indicate separate payment for the work to be completed under this Contract, perform the work as incidental for which no separate measurement or payment will be made.

State-furnished mailbox supports, brackets, and hardware materials: All materials will be furnished by the owner (ODOT). The Contractor may take possession of the mailbox supports and post mounting sockets at the ODOT North Douglas (Boswell Springs) Maintenance Station located at 5443 Eagle Valley Rd Yoncalla OR 97499 (541-849-2505). Provide the ODOT Project Manager or approved representative

14 calendar days’ notice prior to taking possession of the State-furnished materials. Mounting brackets and hardware will be available and supplied after project award, as needed.

SECTION 00210 – MOBILIZATION

Comply with Section 00210 of the Standard Specifications modified as follows:

Construction

00210.40 Mobilization – delete the last bullet of the bullet list. Obtaining and maintaining access to Doc Express® and using Doc Express® to submit documents will not be required on this project.

Payment

00210.90 Payment – delete the last sentence in this subsection.

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications.

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

Comply with Section 00221 of the Standard Specifications modified as follows:

00221.00 Scope - Add the following:

Provide work zone traffic control measures conforming to The Oregon Department of Transportation’s

Temporary Traffic Control Handbook for Operations of Three Days OR Less, December 2011. Copies of this handbook can be accessed via the internet under “Publications” on the Traffic Engineering and Operations Section web site (Highway Division, Oregon Department of Transportation) at:

2011 ODOT TEMPORARY TRAFFIC CONTROL HANDBOOK (OTTCH)

https://www.oregon.gov/odot/Engineering/Pages/OTTCH.aspx

Rev 01/2022 Page 7 of 22

00221.06 - Traffic Control Plan – Replace this subsection, except for the subsection number and title, with the following:

The Contractor must submit a Traffic Control Plan (TCP) and a Temporary Pedestrian Accessible Route Plan (TPAR) and obtain approval from the Oregon Department of Transportation Project Manager before work may commence on the Project.

00221.98 Payment, Method “B” – Lump Sum Basis - Replace this subsection, except for the subsection number and title, with the following:

No separate or additional payment will be made for work performed under this Section. Payment is considered incidental to the work described and required under Section 01070.

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

Comply with Section 00222 of the Standard Specifications.

SECTION 00280 – EROSION & SEDIMENT CONTROL

Comply with Section 00280 of the Standard Specifications modified as follows:

00280.00 Scope - Replace the paragraph that begins "This Work also consists of providing temporary

…" with the following paragraph:

This Work also consists of providing temporary erosion and sediment control (ESC) measures and furnishing, installing, moving, operating, maintaining, inspecting, and removing ESC throughout the Project area according to the Standard Drawings, the erosion and sediment control plan (ESCP), the Specifications, or as directed, until the site is permanently stabilized. Included also is the monitoring of weather, of stormwater and receiving waters, the reporting of monitoring observations, the reporting of corrective actions (when necessary) and the updates and revisions of the ESCP, including ESCP cover sheet, necessary to keep it representative of current site conditions and compliant with the 1200-CA permit if applicable.

Delete the paragraph that begins “When contaminants, pollutants or hazardous materials…”.

Add the following paragraph to the end of this subsection:

The Agency’s NPDES 1200-CA permit is not applicable to this Project. Comply with all applicable conditions of this Section.

00280.04 Erosion and Sediment Control Plan on Agency Controlled Lands - Replace the bullet that begins “Information required under 1200-CA…” with the following bullet:

Rev 01/2022 Page 8 of 22

• Information required under 1200-CA permit, if applicable.

00280.06 Erosion and Sediment Control Manager - Delete this subsection.

00280.41(f) Hauling Material – Replace this subsection, except for the subsection number and title, Cover loads carrying soil or sediment which may generate dust. Haul saturated loads in watertight beds or drain saturated loads prior to leaving the Project Site.

00280.41(g) Underground Injection Controls (UIC) – Replace this subsection, except for the subsection number and title, with the following:

Do not allow storm water from work area to enter Underground Injection Control (UIC) inlets, UIC catch basins or UIC wells.

00280.62 Inspecting and Monitoring – Delete the paragraph that begins “Inspect the Project Site…”.

00280.62(a) Inspection - Replace the paragraph that begins "Perform site inspection, complete…" with the following paragraph:

Inspect the Project Site and all ESC devices for Effective Function and potential erosion or sediment movement and complete all applicable parts of the ODOT Erosion Control Monitoring Form, and submit the form to the Agency as follows:

00280.64(a) Corrective Action Timelines – Delete the bullet that begins “If completion of corrective action is not feasible…”

Delete the bullet that begins “Provide a schedule for clean-up and corrective actions…”

Delete the bullet that begins “Provide all corrective action documentation and photographs…”

Measurement

00280.80 Measurement – Replace this subsection, except for the subsection number and title, with the following:

No measurement of quantities will be made for work performed under this Section.

00280.90 Payment - Replace this subsection, except for the subsection number and title, with the following:

Rev 01/2022 Page 9 of 22

SECTION 00290 - ENVIRONMENTAL PROTECTION

Comply with Section 00290 of the Standard Specifications modified as follows:

Add the following subsection:

00290.30(a)(7) Water Quality:

• Do not discharge water contaminated by pollutants including sediment, drilling fluids and waste, concrete, grout, or water contained within a work area isolation, into any waters of the State or U.S. or conveyances draining thereto until it has been treated using Materials such as those listed in 00280.15 or 00280.16 or by pumping to a vegetated upland location. Do not allow Project discharges to increase the concentration of any pollutant in the receiving water to a level that exceeds the limits prescribed by OAR 340-041.

• Do not use permanent stormwater quality treatment facilities to treat construction runoff unless prescribed by an ESCP approved under Section 00280.

• If construction discharge water is released using an outfall or diffuser port, do not exceed velocities more than 4 feet per second, and do not exceed an aperture size of 1 inch.

• Implement containment measures adequate to prevent pollutants from entering waters of the State or U.S. Such pollutants include but are not limited to construction and demolition materials, waste spoils, fuel or petroleum products, detergents, silt, welding slag and grindings, concrete sawcutting by-products and sandblasting abrasives.

Measurement

00290.80 Measurement - Replace this subsection, except for the subsection number and title, with the

No measurement of quantities will be made for work performed under this Section.

00290.90 Payment - Replace this subsection, except for the subsection number and title, with the

SECTION 01070 - MAILBOX SUPPORTS

Comply with Section 01070 of the Standard Specifications modified as follows:

Rev 01/2022 Page 10 of 22

Materials

01070.12 Tube Support Frame – Replace this subsection, except for the subsection number and title, Tube support frames to be supplied by ODOT. See Exhibit 2 for additional details and requirements.

01070.13 Mounting Brackets and Hardware – Replace this subsection, except for the subsection number and title, with the following:

Mounting brackets and hardware to be supplied by ODOT. See Exhibit 2 for additional details and requirements.

01070.14 Post Mounting Socket – Replace this subsection, except for the subsection number and title, Post mounting sockets to be supplied by ODOT. See Exhibit 2 for additional details and requirements.

01070.90 Payment – Replace the last bullet in this subsection with the following:

• Installing owner-furnished mailbox brackets and reinstalling property owner’s mailbox and newspaper boxes.

Rev 01/2022 Page 11 of 22

Exhibit 2 Mailbox Support Replacements Highway and Mile Post Locations

35 40 45 50

25 30

5 00

20 25

50 55

65 70

5 10 15

10 15

30 35

-5

15 20

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62B

ÄÆ

42ÄÆ

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ÄÆ

42S

ÄÆ

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£¤101

£¤199

Coos

Curry

Douglas

Jackson

Josephine

§̈¦5

§̈¦5

Coos Bay Bridge

Coos Maint

Port Orford MS

Hunter Creek MS

Shady MS

Boswell MS

Reedsport MS

Canyonville MS

Grants Pass MS

Cave Junction MS

Central Point MS

White City

D8 HQ

Prospect MS

Lemola MS

Slide Creek

Steamboat MS

Ashland MS

Ashland Upper Shed Lincoln MS

Camas Mt

Siskyou Pass

Sexton Pass

Rice Hill

Smith Hill Pass

Canyon Creek Pass

Stage Coach Pass

Roberts Mt

Arizona

Rets Creek

N. Arizona

OREGON DEPARTMENT OF TRANSPORTATION

MAINTENANCE REGION 3

Metz

Carroll

Harshman

Mickelson

Zehe

Camp

Lollar

Fairchild

Large Slide

Mountain Pass

Maintenance Facilities

Region 3 Office

Produced by ODOT Maintenance & OPS District 7 February 2024

Crew 3020 – Bridge TOMM – Bryan Mast 541-267-5681

Crews 3046, 3240 & 3241 – R3 Striping & D7 Sign Crews TOMM – Steve Silva 541-957-3651

Crews 3043 & 3045 Electrical Interim TOMM – Chris Emerson 541-269-5217

District 7

District 8

Specialty Crews

Crew 3202 – Coos County – Davis Slough TOMM – Tim Lollar 541-269-7569

Crew 3204 – South Coast – Hunter Creek / Port Orford TOMM – Scott Mickelson 541-247-7806

Crew 3207 – South Douglas – Shady / Canyonville TOMM – Randy Camp 541-957-3666

Crew 3209 – North Douglas – Boswell Springs / Reedsport TOMM – Mike Fairchild 541-849-2505

Crew 3301 – Grants Pass / Cave Junction TOMM – Jon Zehe 541-450-5332

Crew 3304 – Central Point TOMM – Everett Carroll 541-665-5210

Crew 3305 – High Cascades – Steamboat / Prospect TOMM – Dan Metz 541-560-3215

Crew 3307 – Ashland – Ashland / Lincoln / Upper Shed Siskiyou Summit TOMM – Bob Harshman 541-482-4344

US101

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

OREGON COAST HWY. (HWY. 009)

9 229.0 68716, 68632, 68512, 68634 (NB) S MULTIPLE

9 229.0 68864, 68508, 68860, 68740 (NB) S MULTIPLE

9 242.26 PROMISE LN (CSBY) S SINGLE

9 242.33 EPPING DR (CSBY) S SINGLE

9 242.42 COLINA LN (CSBY) S SINGLE

9 275.81 87617, 87661, 87683, 87709 (BNDN) S MULTIPLE

9 276.5 87524 HWY 101 S (BNDN) S SINGLE

9 276.54 49560 HWY 101 S (BNDN) S SINGLE

9 276.7 49490 HWY 101 S (BNDN) S SINGLE

9 276.78 49468 HWY 101 S (BNDN) S SINGLE

9 276.81 49442 HWY 101 S (BNDN) S SINGLE

9 276.85 87522, 87414 HWY 101 S (BNDN) S MULTIPLE

9 277.4 49192, 49191 HWY 101 S (BNDN) S MULTIPLE

ADDRESS:

North Bend, OR 97459 Coos Bay, OR 97420 Bandon, OR 97411

9 279.5 48028 W SINGLE

9 280.78 87511 MASTEL LN W MULTIPLE

9 280.78 87577 BOWMAN LN W SINGLE

9 282.0 46740 W SINGLE

9 284.3 87247 W SINGLE

9 284.4 45429 E SINGLE

9 288.2 47661 E SINGLE

9 291.52 46516 W SINGLE

9 292.3 46206 W SINGLE

9 292.4 46130, 46132 W MULTIPLE

9 293.9 45366 W SINGLE

9 313.1 36869, 36871 E MULTIPLE

ADDRESS:

Bandon, OR 97411 Langlois, OR 97450

Port Orford, OR 97465 Nesika Beach, OR 97444

9 328.1 30051 Hwy 101 (GLDBCH) N SINGLE 9 329.4 29374, 29362 Hwy 101 (GLDBCH) S MULTIPLE

9 329.5 29304, 29309, 29346, 29305, 29304 S MULTIPLE

9 329.7 29232 Hwy 101 (GLDBCH) S SINGLE 9 329.9 29101 Hwy 101 (GLDBCH) N SINGLE 9 332.7 27733, 27727 Hwy 101 (GLDBCH) N MULTIPLE 9 332.71 27677 Hwy 101 (GLDBCH) S SINGLE 9 332.8 27641 Hwy 101 (GLDBCH) N SINGLE 9 333.4 94116 Hwy 101 (GLDBCH) S SINGLE 9 354.19 17546 Hwy 101 (BRKGS) N SINGLE 9 342.94 30052 Hwy 101 (GLDBCH) N SINGLE 9 344.71 29374, 29362 Hwy 101 (GLDBCH) S MULTIPLE

9 346.47 29304, 29309, 29346, 29305, 29305 S MULTIPLE

9 348.24 28970 Hwy 101 (GLDBCH) S SINGLE 9 350.00 28839 Hwy 101 (GLDBCH) N SINGLE 9 351.77 27733, 27727 Hwy 101 (GLDBCH) N MULTIPLE 9 353.53 27605 Hwy 101 (GLDBCH) S SINGLE 9 355.30 27569 Hwy 101 (GLDBCH) N SINGLE 9 359.0 98018, 98020, 98032 Hwy 101 (BRKGS) S MULTIPLE 9 359.2 16039 Hwy 101 (BRKGS) N SINGLE 9 359.3 15991 Hwy 101 (BRKGS) N SINGLE 9 359.7 15861 Hwy 101 (BRKGS) N SINGLE 9 359.7 15858 Hwy 101 (BRKGS) S ADD TO POST ADD MAILBOX TO ADJACENT SUPPORT 9 359.8 15821 Hwy 101 (BRKGS) N SINGLE 9 360.0 15721 Hwy 101 (BRKGS) N SINGLE 9 360.0 15714 Hwy 101 (BRKGS) S SINGLE 9 360.0 98419, 98431, 98433 Hwy 101 (BRKGS) N MULTIPLE 9 360.1 15694 #1 Hwy 101 (BRKGS) S SINGLE 9 360.3 15564 Hwy 101 (BRKGS) S SINGLE 9 360.4 15546, NO #'s Hwy 101 (BRKGS) S MULTIPLE

EXHIBIT 2 Page 1 of 6

9 360.41 15538, 15528 Hwy 101 (BRKGS) S MULTIPLE

9 360.9 15352A, 15352B, 15342A, 15348C S MULTIPLE

9 361.3 15160 Hwy 101 (BRKGS) S SINGLE 9 361.4 15130 Hwy 101 (BRKGS) S SINGLE 9 361.9 14906 Hwy 101 (BRKGS) S SINGLE 9 363.0 99373, NO #'s Hwy 101 (BRKGS) N MULTIPLE

ADDRESS:

Hwy 101 South

GoldBeach, OR 97444 Brookings, OR 97465

US101: LAKESIDE FRONTAGE RD.

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

SPINREEL RD. (HWY. 009)

9 223.05 67770,67777,67759 Spinreel Rd (LKSD) S MULTIPLE 9 223.25 93534,93412,93273 Spinreel Rd (NB) S MULTIPLE 9 223.35 67630 Spinreel Rd (NB) S SINGLE 9 223.45 67610 Spinreel Rd (NB) S SINGLE 9 223.55 67604 Spinreel Rd (NB) S SINGLE 9 223.55 67590 Spinreel Rd (NB) S SINGLE 9 223.56 67438,67436 Spinreel Rd (NB) S MULTIPLE 9 223.85 67106,67104 Spinreel Rd (NB) S MULTIPLE 9 224.05 67039,67041,67045 Spinreel Rd (NB) S MULTIPLE

ADDRESS:

Lakeside, OR 97449

North Bend, OR 97459

OR42

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

COOS BAY - ROSEBURG HWY. (HWY. 035)

35 2.5 94490 Hwy 42 (Coq) E SINGLE 35 4.4 95498, 95496 Hwy 42 (Coq) E SINGLE 35 4.7 95658 Hwy 42 (Coq) E SINGLE 35 5.73 96161 Hwy 42 (Coq) E SINGLE 35 6.5 96620 Hwy 42 (Coq) E SINGLE 35 6.7 96687 Hwy 42 (Coq) W SINGLE 35 6.8 93367, 96369, 96371 Hwy 42 (Coq) E MULTIPLE 35 7.3 96981 Hwy 42 (Coq) W SINGLE 35 8.7 98041 Hwy 42 (Coq) W SINGLE 35 9.29 98111 Hwy 42 (Coq) W SINGLE 35 13.08 No #'s E SINGLE 35 13.55 99821 Hwy 42 (Coq) W SINGLE 35 13.72 64109 Hart Ln (Coq) W SINGLE 35 13.89 Hawthorn Rd (Coq) 10 Boxes W MULTIPLE 35 13.89 Hawthorn Rd (Coq) W MULTIPLE 35 13.89 Hawthorn Rd (Coq) W MULTIPLE 35 14.13 56165 Hwy 42 (Coq), Finly Lp W SINGLE 35 18.3 12397 Hwy 42 (MYPT) W SINGLE 35 18.39 12442 Hwy 42 (MYPT) W SINGLE 35 18.8 12666 Hwy 42 (MYPT) E SINGLE 35 18.9 12721 Hwy 42 (MYPT) W SINGLE 35 21.7 2049 Hwy 42 (MYPT) W SINGLE 35 22.89 14821 Hwy 42 (MYPT) E SINGLE 35 23.1 14980 Hwy 42 (MYPT) E SINGLE 35 27.97 17467 Hwy 42 (MYPT) E SINGLE 35 29.21 18133 Hwy 42 (MYPT) W SINGLE 35 30.89 19024 Hwy 42 (MYPT) W SINGLE 35 34.35 20851 Hwy 42 (MYPT) W SINGLE 35 35.09 21249 Hwy 42 (MYPT) W SINGLE 35 46.1 17060 Hwy 42 (MYPT) E SINGLE 35 46.1 17039 Hwy 42 (MYPT) W SINGLE 35 62.5 11275 Hwy 42 (MYPT) W SINGLE 35 64.0 9797, 172 Hwy 42 (Camas) E MULTIPLE 35 64.1 9738 Hwy 42 (Camas) E SINGLE 35 64.12 9646 Hwy 42 (Camas) E SINGLE 35 64.2 9605 Hwy 42 (Camas) E SINGLE 35 64.8 8901 Hwy 42 (Camas) E SINGLE 35 65.8 7870 Hwy 42 (Camas) E SINGLE 35 66.27 6980, 6979, 6977, 6967 (Camas) E

EXHIBIT 2 Page 2 of 6

Above Move Back To West Side Of RD W MULTIPLE Got Hit Was Relocated (SAFETY ISSUE)

35 66.4 7174 Hwy 42 (Camas) E SINGLE

ADDRESS:

Coquille, OR 97423 Myrtle Point, OR 97458

Camas Valley, OR 97416

OR38

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

UMPQUA RIVER HWY. (HWY. 045)

45 6.6 45150 HWY 38 ELKTON EAST SINGLE

45 7.4 45171 HWY 38 ELKTON WEST SINGLE

45 10.7 41701 HWY 38 ELKTON WEST SINGLE

45 33.5 17455, 17401 HWY 38 ELKTON WEST MULTIPLE

45 47.7 2766 HWY 38 DRAIN EAST SINGLE

45 48.4 1986 HWY 38 DRAIN EAST SINGLE

45 48.5 1900 HWY 38 DRAIN EAST SINGLE

45 48.6 1780 HWY 38 DRAIN EAST SINGLE

45 52.9 1920 HWY 38 DRAIN EAST SINGLE

ADDRESS:

Elkton, OR 97436 Drain, OR 97435

OR138W

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

ELKTON - SUTHERLIN HWY. (HWY. 231)

231 2A 23464, 23458 HWY 138 ELKTON SOUTH MULTIPLE

231 5A.1 20027, 20029, 20031 HWY 138 ELKTON NORTH MULTIPLE

231 6A.5 18636 HWY 138 ELKTON SOUTH SINGLE

231 16A 8886 HWY 138 ELKTON SOUTH SINGLE

231 18A.2 6455 HWY 138 ELKTON NORTH SINGLE

ADDRESS:

Elkton, OR 97436

OR138E

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

NORTH UMPQUA HWY. (HWY. 138)

138 2.3 3939 (RSBRG) E SINGLE

138 2.3 3932 (RSBRG) W SINGLE

138 2.7 4192, 4380, 4420 (RSBRG) W MULTIPLE

138 3.3 4959 (RSBRG) E ADD TO POST ADD MAILBOX TO ADJACENT SUPPORT

138 5.7 187, 211 (RSBRG) E MULTIPLE

138 9.4 11356, 11358 (RSBRG) W MULTIPLE

138 9.4 11543 (RSBRG) E SINGLE

138 11.2 13475 (RSBRG) E SINGLE

138 14.5 16905, 16915, 16911 (GLIDE) E MULTIPLE

138 16.6 314, 19132 (GLIDE) W ADD TO POST ADD MAILBOX TO ADJACENT SUPPORT

138 16.9 139 (GLIDE) W SINGLE

138 19.5 22147 (IDLE) E SINGLE

138 19.54 22167, 22187 (IDLE) E MULTIPLE

138 20.0 22607 (IDLE) E SINGLE

138 20.1 22790 (IDLE) W SINGLE

138 25.8 28886 (IDLE) E ADD TO POST ADD MAILBOX TO ADJACENT SUPPORT

138 25.9 497 (IDLE) E SINGLE

ADDRESS:

Roseburg, OR 97470

Glide, OR 97443 Idleyld, OR 97447

OR241

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

COOS RIVER HWY. (HWY. 241)

241 2.37 94480 Coos River Hwy East SINGLE 241 4.37 95571 Coos River Hwy East SINGLE 241 4.7 95727 & 95729 Coos River Hwy East MULTIPLE 241 5.1 95931 Coos River Hwy East SINGLE 241 5.6 64560 & (No #'s) Coos River Hwy East MULTIPLE 241 6.3 96603 Coos River Hwy East SINGLE

EXHIBIT 2 Page 3 of 6

241 9.0 97978 Coos River Hwy East SINGLE 241 10.3 98797, 98795 & 98707 Coos River Hwy East MULTIPLE 241 13.4 10362 (Mahaffy Ranch) East SINGLE 241 14.1 66170 Coos River Hwy East SINGLE 241 16.4 11806 Coos River Hwy East SINGLE 241 16.7 11970 Coos River Hwy East SINGLE 241 17.6 12924 (Nesika County Park) East SINGLE

ADDRESS:

Coos Bay, OR 97420

OR542

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

POWERS HWY. (HWY. 242)

242 0.8 51417, 51415 Hwy 242 (BRDBNT) West MULTIPLE 242 1.4 51105, 51107 Hwy 242 (BRDBNT) West MULTIPLE 242 2.5 50535 Hwy 242 (BRDBNT) East SINGLE 242 3.3 10371 Hwy 242 (BRDBNT) East SINGLE 242 8.5 47416, 47417 Hwy 242 (BRDBNT) East MULTIPLE 242 8.6 47251, 47253 Hwy 242 (BRDBNT) East MULTIPLE 242 10.5 46255 Hwy 242 (MYPT) West SINGLE 242 10.6 46173 Hwy 242 (MYPT) East SINGLE 242 11.0 46071 Hwy 242 (MYPT) West SINGLE 242 16.4 43159 Hwy 242 (MYPT) West SINGLE

ADDRESS:

Myrtle Point, OR 97458 Broadbent, OR 97414

OR42S

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

COQUILLE - BANDON HWY. (HWY. 244)

244 0.17 1170 Hwy 42S (BNDN) EB SINGLE 244 0.34 88296, 88298 Hwy 42S (BNDN) EB MULTIPLE 244 0.42 88304 Hwy 42S (BNDN) EB SINGLE 244 0.44 88326 Hwy 42S (BNDN) EB SINGLE 244 0.52 55039, 55211, 55210 Watchbird Dr EB MULTIPLE 244 0.65 88424, 88428 Hwy 42S (BNDN) EB MULTIPLE 244 1.24 55426, 55400 Azalea Dr (BNDN) EB MULTIPLE 244 1.28 88768 Hwy 42S (BNDN) EB SINGLE 244 1.31 88784, 88786 Hwy 42S (BNDN) EB MULTIPLE 244 1.53 88900 Hwy 42S (BNDN) EB SINGLE 244 1.62 88967 Hwy 42S (BNDN) EB ADD TO POST ADD MAILBOX TO ADJACENT SUPPORT 244 1.73 5510, 55505, 55497, 55495 Goodwin Rd EB MULTIPLE 244 3.5 89932 Hwy 42S (BNDN) EB SINGLE 244 4.48 90446, 90448, 90490 Hwy 42S (BNDN) EB MULTIPLE 244 4.66 90548 Hwy 42S (BNDN) EB SINGLE 244 6.41 91454 Hwy 42S (BNDN) EB SINGLE 244 7.45 92004, 92004(same #)HWY 42S (BNDN) EB MULTIPLE 244 7.83 92206 Hwy 42S (BNDN) EB SINGLE 244 10.77 93752 Hwy 42S (COQ) EB SINGLE 244 11.86 94334 Hwy 42S (COQ) EB SINGLE 244 13.19 57357, 57167 Harlocker Rd (COQ) EB MULTIPLE 244 14.52 95742 Hwy 42S (COQ) EB SINGLE

ADDRESS:

Bandon, OR 97411 Coquille, OR 97423

OR250

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

CAPE BLANCO HWY. (HWY. 250)

250 4.96 92875 Cape Blanco Hwy WEST SINGLE 250 4.65 92727 Cape Blanco Hwy WEST SINGLE

ADDRESS:

Port Orford, OR 97465

OR251

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

PORT ORFORD HWY. (HWY. 251)

251 0.7 650, 652, 654, 656 S MULTIPLE

251 0.72 677 S SINGLE

EXHIBIT 2 Page 4 of 6

ADDRESS:

9th St.

Port Orford, OR 97465

OR255

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

CARPENTERVILLE HWY. (HWY. 255)

255 361.7 17558, 17503, NO #'s N MULTIPLE

255 361.9 17663 N SINGLE

255 361.5 97049, 17614, 17639, 17695, 17620 N MULTIPLE

255 361.5 17621, 17645, 97040, 97051 N MULTIPLE

255 361.3 17853 N SINGLE

255 360.2 18720, 18290, 18803, 97195, 97313 N MULTIPLE

255 360.2 18280, 97001, 96900, 18950 N MULTIPLE

255 359.7 18639, 18540, 18456, 18668 N MULTIPLE

255 359.7 18671, 18515, 187099 N MULTIPLE

255 359.4 18465 N SINGLE

255 358.9 18484, 18494, 18498 N MULTIPLE

255 358.8 18640 N SINGLE

255 358.8 18650 N SINGLE

255 358.7 18526 N SINGLE

255 358.6 18730 N SINGLE

255 358.59 18741, 18743 N MULTIPLE

255 358.4 96827, 96925, 96825, 96855 N MULTIPLE

255 358.4 96968, 96882, 96884 N MULTIPLE

255 358.2 18899, 18901 N MULTIPLE

255 356.8 19459, 96598, 96714 N MULTIPLE

255 356.68 19575 N SINGLE

255 356.4 19644 N SINGLE

255 356 19794, 19809, 19811 N MULTIPLE

255 355.8 19895 N SINGLE

255 353.5 20820 N SINGLE

255 353.4 20991 N SINGLE

255 353 21052 N SINGLE

255 352.7 21159 N SINGLE

255 352.6 21225, 21240 N MULTIPLE

255 351.3 21781, 21818, 21822 N MULTIPLE

255 349.3 22514, 96073, 22509 N MULTIPLE

255 347.9 22772 N SINGLE

255 347.4 95594, 95510, 95531, 95605, 95576 N MULTIPLE

255 347.4 22932, 22810, 95668, 95675, 22921 N MULTIPLE

255 347.4 No #'s SINGLE

255 342.8 23870 N SINGLE

255 342.79 23857 N SINGLE

255 342.7 23897 N SINGLE

255 342.69 23896 N SINGLE

255 342.4 24010 N SINGLE

255 342.39 24034 N SINGLE

255 342.2 24120 N SINGLE

255 342 24195 N SINGLE

255 341.9 24190, 24192, 24201 N MULTIPLE

255 341.8 24288, 24285 N MULTIPLE

255 341.79 24298, 24299 N MULTIPLE

ADDRESS:

Carpenterville Rd.

Brookings, OR 97415

255 339.1 25327 (GLDBCH) N SINGLE

255 339.2 25477 (GLDBCH) N ADD TO POST ADD MAILBOX TO ADJACENT SUPPORT

255 336.6 94452, 94436, 94380 (x2) N MULTIPLE

255 335.3 26643, 26669, 26645, 26642, 26538 N MULTIPLE

255 335.3 26595, 26549, 26585, 26558, 26672 N MULTIPLE

EXHIBIT 2 Page 5 of 6

ADDRESS:

Meyers Creek Rd.

GoldBeach, OR 97444

OR540

HWY MP SITE ADDRESS RD DIR. SINGLE OR MULTIPLE REMARKS

CAPE ARAGO HWY. (HWY. 240)

240 0.9 2146 Broadway West SINGLE 240 0.91 2164 Broadway West SINGLE 240 1.5 2844 Broadway West SINGLE 240 7.3 91300 Cape Arago Hwy West SINGLE 240 7.34 91265 Cape Arago Hwy West SINGLE 240 7.7 91187 Cape Arago Hwy West SINGLE 240 8.6 63340 & 63385 Cape Arago Hwy West MULTIPLE 240 8.7 91051 Cape Arago Hwy West SINGLE 240 8.74 90997 Cape Arago Hwy West SINGLE 240 9.7 90487 Cape arago Hwy West SINGLE 240 10.6 90011 & 90012 Cape Arago Hwy West MULTIPLE 240 10.64 89995 Cape Arago Hwy West SINGLE 240 10.7 89983 Cape Arago Hwy West SINGLE 240 10.8 89932 Cape Arago Hwy West SINGLE 240 10.87 89909 Cape arago Hwy West SINGLE 240 10.9 89241 Cape arago Hwy West SINGLE 240 8.78 91038 Cape Arago Hwy East SINGLE 240 6.3 91682 Cape Arago hwy East SINGLE 240 5.39 92334 Cape Arago Hwy East SINGLE 240 5.35 92342 Cape Arago Hwy (Fire Dept) East SINGLE 240 5.18 92432 Cape Arago Hwy East SINGLE 240 5.15 92454 Cape Arago Hwy East SINGLE 240 5.03 92462 Cape Arago Hwy East SINGLE 240 5.01 92522 & 92524 Cape Arago Hwy East MULTIPLE 240 4.99 92532 Cape Arago Hwy East SINGLE 240 4.95 92568 Cape Arago Hwy East SINGLE 240 4.92 92582 Cape arago Hwy (Crown Roofing) East SINGLE 240 4.88 92606 Cape Arago Hwy East SINGLE 240 4.85 92620B Cape Arago Hwy East SINGLE 240 4.81 92642 & 92644 Cape Arago Hwy East MULTIPLE 240 4.5 64713 & 64667 Cape Arago Hwy East MULTIPLE 240 1.45 2785 & 2715 Broadway East MULTIPLE

ADDRESS:

Coos Bay, OR 97420

General Notes: Coordinate with the property owners in advance of completing the work. Contact the applicable ODOT District 7 Section Office in advance of completing the work. The ODOT Region 3 maintenance map (attached) includes the contact information for the Transportation Operations and Maintenance Manager (TOMM) in each Section.

Notify the TOMM if the property owner is unresponsive and ornamental and/or locking mailboxes are encountered. The TOMM will provide guidance on how to handle these situations on a case-by-case basis. Direct any questions concerning conflicting installations or errors found in this Exhibit to the TOMM for resolution.

EXHIBIT 2 Page 6 of 6

Rev 01/2022 Page 12 of 22

Exhibit 3

ODOT Standard Drawings as posted on OregonBuys

Rev 01/2022 Page 13 of 22

Exhibit 4

GENERAL CONDITIONS AND SUPPLEMENTAL GENERAL CONDITIONS

This Request for Competitive Quotes and the resulting Contract for the ESB 2024 District 7 Mailbox

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

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

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

SGC-1 Add the following after A.3.4 under INTERPRETATION OF CONTRACT DOCUMENTS

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

A.3.6 Electronic Signatures. Contractor and Owner agree that signatures, and other forms of authorized representative certification, showing on documents, including but not limited to copies of the Contract, bonds, Change Orders and amendments, submitted or received via email or other electronic means, when submittal or receipt in that manner is required or allowed by Owner are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties. Owner reserves the right at any time to require Contractor to deliver the hard copy originals of any documents.

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

A.8 TITLE VI NON-DISCRIMINATION PROVISIONS

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

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

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

c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Con tractor of Contractor’s obligations under the Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

d. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by ODOT, FHWA or the Federal Transit Administration (“FTA”) as appropriate, to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of

Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to ODOT, FHWA or FTA as appropriate, and shall set forth what efforts it has made to obtain the information.

e. Sanctions for Noncompliance: In the event of Contractor’s noncompliance with the nondiscrimination provisions of the

Contract, ODOT shall impose such Contract sanctions as ODOT, FHWA or FTA may determine to be appropriate, including, but not limited to:

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

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

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

Rev 01/2022 Page 14 of 22

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

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

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

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

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

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

• Add the following Section B.5.2(c):

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

ORS 652.220 and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. The Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause,

(ii) The Contractor shall not prohibit any of its employees from discussing the employee’s rate of wage, salary, benefits and other compensation with another employee or another person, and shall not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person.

• Add the following Section B.5.2(d):

(d) Respecting certification as a disadvantaged business enterprise, minority -owned business, woman-owned business, business that a service-disabled veteran owns or an emerging small business under ORS 200.055, as and when applicable, the Contactor shall maintain the certifications, and require in its subcontracts that subcontractors maintain the certifications required by ORS 279A.107.

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

B.15 GOVERNING LAW. This Contract shall be governed by and construed and enforced in accordance with the laws of the

State of Oregon without regard to principles of conflicts of laws.

SGC-5 Add the following after Section D.3 CLAIMS REVIEW PROCESS

D.4 FALSE CLAIMS (OREGON FALSE CLAIMS ACT)

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

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

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

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

http://www.leg.state.or.us/ors/180.html

Rev 01/2022 Page 15 of 22

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

SGC-6 Section E.5 RETAINAGE is deleted in its entirety and replaced with the following:

E.5 RETAINAGE

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

E.5.1.1 Owner reserves the right in its sole discretion to not withhold retainage from progress payments or to begin withhold ing retainage at any time. If Owner withholds retainage from progress payments the amount to be retained will not exceed five percent of the payment. As Work progresses, Owner may reduce the amount of the retainage and may eliminate retainage on any remaining monthly Contract payments after 50 percent of the Work under the Contract is completed if, in the Owner's opinion, such Work is progressing satisfactorily. Elimination or reduction of retainage shall be allowed only upon written application by the Contractor, which application shall include written approval of Contractor's surety; except that when the

Work is 97-1/2 percent completed the Owner may, at its discretion and without application by the Contractor, reduce the retained amount to 100 percent of the value of the Work remaining to be done. Upon receipt of written application by the

Contractor, Owner shall respond in writing within a reasonable time.

E.5.1.2 If retainage is withheld, unless the Contractor requests and the Owner accepts a form of retainage described in options

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

(a) to be paid amounts which would otherwise have been retained from progress payments where Contractor has deposited acceptable bonds, securities or other instruments of equal value with Owner or in a custodial account or other mutually -agreed account satisfactory to Owner, with an approved bank or trust company to be held in lieu of the cash retainage for the benefit of Owner. Interest or earnings on the bonds, securities or other instruments shall accrue to the Contractor. The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities and other instruments as the

Owner may require to protect its interests. To be permissible the bonds, securities and other instruments must be of a character approved by the Director of the Oregon Department of Administrative Services, including but not limited to:

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

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

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

(iv) Indebtedness of the Federal National Mortgage Association.

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

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

(b) that the Contractor be allowed, with the approval of the Owner, to deposit a surety bond for the benefit of Owner, in a form acceptable to Owner, in lieu of all or a portion of funds retained, or to be retained. Such bond and any proceeds therefrom shall be made subject to all claims and liens in the manner and priority as set forth for retainage under ORS 279C.550 to ORS

279C.625.

Where the Owner has accepted the Contractor's election of option (a) or (b) above, or an interest -bearing account under ORS

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

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

279C.560(5), the Owner will use an interest-bearing account (in a bank, savings bank, trust company or savings association) as provided under ORS 279C.560(5).

E.5.1.3 The retainage held by Owner shall be included in and paid to the Contractor as part of the final payment of the

Contract Price. The Owner shall pay to Contractor interest at the rate of one and one-half percent per month on the final payment due Contractor, interest to commence thirty (30) Days after the Work under the Contract has been completed and accepted and to run until the date Contractor shall notify Owner in writing when the Contractor considers the Work complete and Owner shall, within fifteen (15) Days after receiving the written notice, either accept the Work or notify the Contractor of

Work yet to be performed on the Contract. If Owner does not within the time allowed notify the Contractor of Work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run thirty (30) Days after the end of the 15-Day period.

Rev 01/2022 Page 16 of 22

E.5.1.4 In…