00013181 RFCQ~1.doc

Issue Date:

Request for Competitive Quotes (“RFCQ”) No. S-73000-00013181 3 Modular Compact Rheometers

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.

Commitment to Diversity, Equity, and Inclusion: The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity.

See Instructions to Offerors.

Procurement Summary:

ODOT is seeking one qualified contractor to provide 3 Anton Paar Superpave 102e Modular Compact Rheometers, or approved equal. See Exhibit 1 for requirements. Complete delivery is required by June 30, 2025, but earlier delivery is preferred.

Additional specifications and requirements may be included as exhibits.

Exhibits:

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Exhibit 1 – Technical Specifications

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Exhibit 2 – Reserved

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Exhibit 3 – Standard Terms and Conditions

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Exhibit 4 – Insurance Requirements

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Exhibit 5 – Reserved

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Exhibit 6 – Sample Contract

Method of Award:

ODOT intends to issue a Contract as a result of this solicitation based on the following:

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

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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

Must be submitted with the quote as an attachment in OregonBuys.

Refer to “Instructions to Offerors” for list of required documents to submit with the quote.

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 Exhibits and Addenda, if any) if awarded a Contract 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 veteran owned business or an emerging small business certified under ORS 200.055.

Authorized Signature:

Title:

Proposed Delivery Date: _______________________________ Online Quote Pricing. Offeror must complete online entry of all required pricing information in the “Item Information” section for this Request for Competitive Quotes in OregonBuys.

REFERENCES FORM

Must be submitted with the quote as an attachment in OregonBuys.

REFERENCES FOR COMPARABLE GOODS: 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 of comparable scope to the goods described in this solicitation.

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Goods Provided:

Purchase Date:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Goods Provided:

Purchase Date:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Goods Provided:

Purchase Date:

INSTRUCTIONS TO OFFERORS

QUOTE REQUIREMENTS

Quotes must be submitted through the OregonBuys system prior to the due date and time posted within this RFCQ and OregonBuys.

To submit a quote under this solicitation, the offeror must submit the following documents:

1. Competitive Quote Form

2. References Form with all required information AWARD REQUIREMENTS (for winning offeror only)

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

a. Certificates of Insurance: for required insurance coverages as stated in Exhibit 4. 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.

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

2. Additional requirements:

a. 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. ODOT may require the winning offeror to provide its registry information prior to issuing a Contract.

b. 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.

c. 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 Contract.

EXHIBIT 1

TECHNICAL SPECIFICATIONS

Brand Name used in Specifications:

Any brand name listed in the specifications as “approved equal” shall establish minimum requirements for quality, durability, function, etc. Other brands may be offered that are equal to or better than the brand named in the specifications. Requests for approved equivalents must be made in writing via email to the Purchaser listed in OregonBuys. Requests must be received 5 calendar days prior to the Bid Opening identified in OregonBuys.

ODOT intends to purchase 3 each Anton Paar Superpave 102e Modular Compact Rheometer, or approved equal, meeting the following requirements:

Anton Paar Superpave 102e Modular Compact Rheometer or approved equal

The following items must be bid. If another model has been approved as an equivalent, the items must be compatible with the approved model. If any item is included in the price of the base equipment enter “0” for the bid amount in OregonBuys.

· 3 each Air Dryer IDG30 (MCR XX2) with Air Filter Unit

· 3 each Recirculating Cooler AWC100 (100-230V / 50-60 Hz)

· 3 each connection kit for fluid circulators

· 3 each Rheometer Software (RheoCompass)

· Professional Additional Device Driver for SmartPave 101

· 3 each P-PTD 220 for MCR 102e

· Peltier Temperature Device (Plate)

· 3 each H-PTD for MCR 102e

· Peltier Temperature Device (Hood)

· 3 each Measuring Plate PP25/SP

· D:25mm

· 3 each S-LP25/SP/G0

· Screw-on lower measuring plate

· 3 each Measuring Plate PP08/SP

· D:8mm

· 3 each S-LP08/SP/G0

· Screw-on lower measuring plate

· 1 each Temperature Measuring Set CSA-PP25

· Smartpave – US Version

· 1 each Training

· Training includes end user training on the use of the instrument, proper upkeep and cleaning and will be carried out by qualified personnel.

· Provide a training certificate for each participant.

· 1 each Installation

Additional information to establish minimum requirements regarding specifications and equipment can also be found at the Anton Paar website, https://www.anton-paar.com/us-en/products/details/rheometer-mcr-102-302-502/?utm_source=google&utm_medium=cpc&utm_campaign=US_BC.RHEO&utm_content=C-00070327&gad_source=1&gclid=EAIaIQobChMIhu6Kj4iUjAMV6gWtBh3EWzwKEAAYASAAEgKCdPD_BwE.

EXHIBIT 2

RESERVED

EXHIBIT 3

STANDARD TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS/SERVICES

Oregon Department of Transportation (ODOT)

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 Contract. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance when responsibility shall pass to ODOT except as to latent defects, fraud and Contractor’s warranty obligations.

2. INSPECTIONS: Deliverables furnished under this Contract shall be subject to inspection and test by ODOT at times and places determined by the ODOT. If ODOT finds Deliverables furnished to be incomplete, not in compliance with the solicitation specifications and this Contract, or defective in any way, ODOT, 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 ODOT at a reduced price, whichever ODOT deems equitable under the circumstances.

If Contractor is unable or refuses to cure any defects within a time deemed reasonable by ODOT, ODOT may reject the Deliverables and cancel this Contract in whole or in part. Nothing in this paragraph shall in any way affect or limit the ODOT’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. ODOT’s review, approval or acceptance of, or payment for, the Deliverables required under this Contract shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and Contractor shall be and shall remain liable to ODOT in accordance with applicable law for all damages to ODOT caused by Contractor’s negligent performance or failure of any of the Deliverables furnished under this Contract.

3. PAYMENT: Payment for completion of ODOT 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 Contract, ODOT 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 Contract. The payment of a claim by ODOT 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 Contract,

– 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 ODOT 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 Contract complied with, and agrees that during the term of this Contract 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 ODOT thereof;

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

– unless otherwise stated in this Contract, 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 Contract; 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 Contract.

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

6. TERMINATION: (i) The parties may terminate this Contract in whole or in part by mutual agreement. (ii) ODOT may terminate this Contract in whole or in part at any time upon written notice to Contractor. Upon receipt of the written notice, Contractor shall stop performance, and ODOT shall pay Contractor for Deliverables provided and accepted. (iii) ODOT may terminate this Contract at any time upon written notice to Contractor if ODOT fails to receive funding, appropriations, or other expenditure authority. (iv) ODOT may terminate this Contract for cause upon written notice to Contractor if Contractor breaches any Contract 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 Contract, 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 Contract entitles ODOT to terminate this Contract (in whole or in part), to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to: termination of this Contract 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 Oregon Department of Transportation, their officers, agents and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney’s 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 Contract.

9. GOVERNING LAW, JURISDICTION, VENUE: This Contract is governed by Oregon law, without resort to any other jurisdiction’s laws. Any claim, action, suit, or proceeding between ODOT and Contractor that relates to this Contract (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 Contract 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 Contract, in whole or in part, without the prior written approval of ODOT. No such written approval shall relieve Contractor of any obligations under this Contract, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable to ODOT under this Contract as if no such transfer or subcontract had occurred. The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties to this Contract and their respective successors and permitted assigns.

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

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

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. ODOT’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 Contract.

14. PAYMENTS REQUIRED By ORS 279C.505 AND 279B.220: For all Deliverables provided under this Contract, 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 Contract 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 ODOT with an SDS for any Deliverables provided or products used under this Contract 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 Contract. 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 Contract. ODOT may withhold final payment under this Contract until Contractor has met this requirement.

20. ACCESS TO RECORDS: Contractor shall maintain all fiscal records relating to this Contract in accordance with generally accepted accounting principles and shall maintain any other records relating to this Contract in such a manner as to clearly document Contractor’s performance hereunder. ODOT, 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 Contract 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 ODOT. 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 Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

21. SEVERABILITY: If any provision of this Contract 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 Contract did not contain the particular provision held to be invalid.

22. WAIVER: No waiver, consent, modification or change of terms of this Contract 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 ODOT to enforce any provision of this Contract shall not constitute a waiver by ODOT of that or any other provision.

23. AMENDMENTS: All amendments to this Contract must be in writing and signed by ODOT.

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 Contract or during the term of this Contract is a default for which ODOT may terminate this Contract and seek damages and other relief available under the terms of this Contract or under applicable law. By entering this Contract, Contractor hereby attests and certifies under penalty of perjury: (a) the number provided to ODOT 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 Contract 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 Contract.

26. FAILURE TO PERFORM: The consequences for Contractor’s failure to perform the scope of work identified in the Contract, 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 Contract and seeking damages and other relief available under the terms of the Contract 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 ODOT 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 Contract. ODOT may also provide “special terms and conditions” elsewhere in the invitation to bid, request for proposals, or Contract which apply only to this Contract. 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 Contract supersede all preprinted terms and conditions on any forms used by the Contractor. The rights and remedies of ODOT provided for under this Contract are in addition to any other rights and remedies provided by law.

EXHIBIT 4

INSURANCE REQUIREMENTS

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

Contractor shall obtain at Contractor’s expense the insurance specified in this Exhibit 4 prior to performing under the Contract and shall maintain such insurance in full 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 noncontributory with any other insurance and self-insurance with exception of Professional Liability and Workers’ Compensation/Employer’s Liability. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

INSURANCE REQUIREMENT REVIEW:

ODOT reserves the right to periodically access risks and the adequacy of insurance coverage and in its discretion to require additional insurance coverage or increased coverage limits on existing coverages, or both.

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 & EMPLOYER’S 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 Contractor 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, property damage, personal and advertising injury, products and completed operations, and contractual liability.

· 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 FORMCHECKBOX $2,000,000 10,000,000. $4,000,000

AUTOMOBILE LIABILITY

FORMCHECKBOX

Required FORMCHECKBOX Not required

EXCESS/UMBRELLA LIABILITY

A combination of primary and Excess/Umbrella Liability insurance may be used to meet the required limits of insurance. If any Excess/Umbrella Liability policies are in place, they must be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying 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 Oregon 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 noncontributory with any other insurance and self-insurance, with exception of Professional Liability and Workers’ Compensation/Employer’s Liability.

· 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:

ODOT Procurement Office 355 Capitol Street NE, MS 33 Salem, OR 97301 Throughout the life of this Contract, Contractor shall submit updated Certificates of Insurance prior to the policy expiration date(s). As proof of insurance, ODOT has the right to request copies of insurance policies, endorsements, self-insurance documents, and related insurance documents relating to the insurance requirements in this Contract.

ADDITIONAL INSURED 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 Oregon Department of Transportation, and their respective officers, members, agents and employees.” Coverage shall be primary and noncontributory 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 Oregon 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. The Additional Insured endorsements shall be written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO Form CG 20 27 07 04, or equivalent, with respect to liability arising out of completed operations.

iii. Excess/Umbrella Liability policies must endorse the “State of Oregon, the Oregon Transportation Commission, and the Oregon Department of Transportation, and their respective officers, members, agents and employees” as Additional Insureds.

iv. The Additional Insured endorsements must be acceptable to ODOT.

STATE ACCEPTANCE:

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

EXHIBIT 5 - RESERVED

EXHIBIT 6

SAMPLE CONTRACT 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 SERVICES CONTRACT FORM

for the project

3 Modular Compact Rheometers

OregonBuys Purchase Order No.

Resulting from Request for Competitive Quotes No. S-73000-00013181 This Contract (the “Contract”), made by and between the State of Oregon, acting by and through the Department of Transportation, hereinafter called ODOT, and_____________________________________ hereinafter called CONTRACTOR, (collectively the “Parties”) shall become effective on the date this Contract has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained, whichever is later.

WITNESSETH:

1. Contract Price, Contract Documents and Work.

CONTRACTOR, in consideration of the sum of $_____________________ (the “Contract Price”), to be paid to CONTRACTOR by ODOT 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 exhibits 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 it 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 exhibits 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 Technical Specifications

Exhibit 2 Reserved Exhibit 3 Standard Terms and Conditions

Exhibit 4 Insurance Requirements

Exhibit 5 Reserved The Contract Price includes Competitive Quote items #1 – 15

2. Representatives.

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

ODOT’s Authorized Representative:

Name: Laurie Sillman Address: 800 Airport Rd SE City state Zip: Salem, OR 97301 Phone: 503-319-4808 Email: laurie.a.sillman@odot.oregon.gov

3. Contract Dates:

Delivery Date:

4. Certifications.

(a) Contractor certifies, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class”. As a material term and condition of this Contract, Contractor must maintain, throughout the duration of this Contract, a policy and practice that complies with ORS 279A.112, including but not limited to, giving employees written notice of the Contractor’s policy and practice.

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

(d) 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.

5. Integration.

THE CONTRACT DOCUMENTS CONSTITUTE THE ENTIRE CONTRACT 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, ODOT executes this Contract 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: __

CONTRACTOR’S LCB #: ___

CONTRACTOR’S AUTHORIZED SIGNATURE:

Title

Date

ODOT’S AUTHORIZED SIGNATURE:

Revision: 09/25/2024