00013723_Exhibit A.1.pdf

CA/CEI SOW Template

Form M001-B073123

EXHIBIT A.1 -

Statement of Work and Delivery Schedule for Construction Contract Administration and Construction

Engineering & Inspection (“CA/CEI”)

Construction Project Name: US101: Culverts (MP 73.46 – 136.29) (the “Project”) Project Location: Tillamook and Lincoln County .

Price Agreement/Contract No.: TBD; WOC No.: TBD Key No.: 21232

Name:

Address:

Phone:

Email:

Agency’s Project Manager (“APM”) for CA/CEI Phase

Address:

Fax:

Email:

Consultant’s Project Manager (“PM”) for CA/CEI Phase

Agency’s Contract Administrator

Alternate Contact for Consultant

Agency may change the APM designation, Agency’s address for invoicing (section H.5), or both by promptly sending written notice (e-mail notice acceptable) to the Consultant, with a copy to ODOT Procurement Office. Changes to Agency's Contract Administrator for the WOC must be done by amendment. Any changes to Consultant’s Project Manager must be approved in writing (e-mail acceptable) by Agency.

Consultant shall provide written notice (email acceptable) to Agency of any changes to Consultant’s other contacts for this WOC.

Table of Contents

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES B. STANDARDS and GENERAL REQUIREMENTS C. REVIEW, COMMENT and SCHEDULE REQUIREMENTS

D. FORMAT REQUIREMENTS

E.1 TASKS, DELIVERABLES and SCHEDULE

TASK CE-1 PROJECT MANAGEMENT of CA/CEI SERVICES Task CE-1.1 Coordination

Task CE-1.2 Status Reports and Invoices

TASK CE-2 CONSTRUCTION CONTRACT ADMINISTRATION/CONSTRUCTION ENGINEERING and

INSPECTION

Task CE-2.1 Pre-Construction Conference

Task CE-2.2 Cooperative Arrangement (Partnering) [CONTINGENCY TASK, See Section F]

Task CE-2.3 Quality Assurance & Contract Administration Plan

Task CE-2.4 Construction Contract Administration

Task CE-2.5 Monthly Preliminary Progress Estimates

Task CE-2.6 Project Progress and Technical Meetings

Task CE-2.7 Working Drawings, Shop Drawings, and other Submittal Reviews

Task CE-2.8 Consultation during Construction

Task CE-2.9 Design Modifications [CONTINGENCY TASK, See Section F]

Task CE-2.10 Claim(s) Support [CONTINGENCY TASK, See Section F]

Task CE-2.11 Public Records Request Support [CONTINGENCY TASK, See Section F]

TASK CE-3 CONSTRUCTION, ENVIRONMENTAL COMPLIANCE and WORK ZONE MONITORING and

INSPECTION

Task CE-3.1 Environmental Compliance and Mitigation Monitoring

Task CE 3.1.1 Endangered Species Consultation for the Federal-Aid Highway Program (“FAHP”) ... 23

Task CE 3.1.2 Riparian Site Restoration Regulatory Monitoring Report [CONTINGENCY TASK, See Section F] 24

Task CE-3.1.3 Archaeological Monitoring and Report [RESERVED]

Task CE-3.2 Construction Activity Monitoring

Task CE-3.3 Quality Control Monitoring (Nonfield-Tested and Field-Tested Materials)

Task CE-3.4 ADA Curb Ramp and Push Button Inspection [RESERVED]

TASK CE-4 CONSTRUCTION SURVEYING [RESERVED]

TASK CE-5 PROJECT CLOSE-OUT

Task CE-5.1 Final Inspection(s) and Submittals

Task CE-5.2 As-Constructed Plans [CONTINGENCY TASK, See Section F]

Task CE-5.3 Structure Load Rating [RESERVED]

Task CE-5.4 Submittal of Final Project Documentation

Task CE 5.5 ODOT Hydraulic Engineering As-Constructed Package

E.2 PROJECT SCHEDULE

F. CONTINGENCY TASKS

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES

This Exhibit A.1 includes the statement of work for CA/CEI Services (CA/CEI SOW) required for the Project.

The delivery schedule is provided in the “Deliverables and Schedule” section of each task in section E.1.

The CA/CEI Services will culminate when Consultant has completed all tasks and provided all deliverables as required and Agency issues Final Acceptance of the Project according to Standard Specification Section 00110.20.

Note: Reference to “PA or Contract” in this CA/CEI SOW means whichever is applicable. “PA” is applicable if this is a WOC or WOC Amendment. “Contract” is applicable if this is a Contract or Contract Amendment.

Background This project will rehabilitate or replace culverts on US101 that have been identified as in either poor or critical condition from ODOT'S Drainage Facility Management System at the following mile points: 75.25, 76.61, 76.74, 78.52, 78.90, 81.25, 83.15, 83.64, 83.76, 84.43, 84.54, 87.21, 88.27, 88.36, 118.29, 129.13. The project will also construct a water quality biofiltration swale near mile point 76.76.

Definitions and Acronyms

DEFINED TERMS

Acceptance In this CA/CEI SOW, “Acceptance” or “Accept” means that Agency has reviewed the deliverable(s) submitted by the Consultant and finds the deliverable(s) submitted in reasonable compliance with applicable requirements. Agency Acceptance does not release Consultant from liabilities due to any Errors or Omissions with respect to Consultant's Services and deliverables.

Change Orders The definition provided in Section 00110.20 of the Oregon Standard Specifications for Construction is incorporated by this reference.

Inspector The definition provided in Section 00110.20 of the Oregon Standard Specifications for Construction is incorporated by this reference.

Standard Specifications

Oregon Standard Specifications for Construction (“OSSC”)- current version in effect during CA/CEI phase for this Project

Specifications The definition provided in Section 00110.20 of the Oregon Standard Specifications for Construction is incorporated by this reference.

ACRONYMS

AASHTO American Association of State Highway and Transportation Officials

NFTM Nonfield-Tested Materials

Agency/

ODOT

Oregon Department of Transportation

NTE Not to Exceed

APM Agency’s Project Manager for CA/CEI Phase

NTP Notice to Proceed

CA Contract Administrator OECR ODOT Office of Equity and Civil Rights

CA/CEI Contract Administration/ Construction Engineering and Inspection

OFW Order for Force Work (formerly SFO

– State Force Order)

CC Construction Contractor OJT On-the-Job Training

CCO Contract Change Order ORS Oregon Revised Statutes

CE Construction Engineering OSSC Oregon Standard Specifications for Construction

CECI Certified Environmental Construction Inspector

PA Price Agreement https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx

CPS ODOT’s Contract Payment System PE Preliminary Engineering

DBE Disadvantaged Business Enterprises

PM Consultant’s Project Manager for CA/CEI Phase

DEQ Department of Environmental Quality

POR Professional of Record

EEO Equal Employment Opportunity PS&E Plans, Specifications and Estimates

EDMS ODOT’s Electronic Document Management System

QA Quality Assurance

EMP Environmental Management Plan QAC Quality Assurance Coordinator

ESCM Erosion and Sediment Control Manager

QA/CA

Plan

Quality Assurance & Contract Administration Plan

ESCP Erosion and Sediment Control Plan

QC Quality Control

EWO Extra Work Order QCCS Quality Control Compliance Specialist

FHWA Federal Highway Administration RAS Region Assurance Specialist

FTM Field-Tested Materials RCPM Rail Crossing Project Manager

FIR Field Inspection Report RFI Request for Information

IA Independent Assurance RFP Request for Proposal

IGA Intergovernmental Agreement ROW Right of Way

IQAP Inspection Quality Assurance Program

SFM Survey Filing Map

LAPM Local Agency Project Manager SOW Statement of Work

LPA Local Public Agency WOC Work Order Contract

LRFD Load and Resistance Factor Design YDO Your DEQ Online

B. STANDARDS and GENERAL REQUIREMENTS

1. Standards applicable to CA/CEI Services Consultant shall perform all Services in accordance with the professional standard of care set forth in the PA or Contract.

Consultant shall complete the CA/CEI Services in accordance with the current version in effect of the ODOT Construction Manual, the Quality Control Compliance Specialist ("QCCS") Handbook, the Manual of Field Test Procedures, the ODOT Inspector's Manual, ODOT’s ADA Inspection Submittal Guides for push buttons and curb ramps, and the PA or Contract.

The standards, manuals, directives, and other procedural guidance identified are not exhaustive and may not include all applicable standards for a given project. Consultant shall be responsible for determining all applicable practices and standards to be used in performing Professional Services and Related Services. Consultant shall inform and demonstrate to Agency if standards, directives, or practices required by Agency in performance of the work are insufficient, in conflict with applicable standards, or otherwise create a problem for the design or construction. Should the requirements of any reference, standard, manual or policy referenced conflict with another, Consultant shall request Agency in writing to resolve the conflict.

ADA Compliance – Assessment, Design, Inspection https://www.oregon.gov/ODOT/Construction/Pages/Construction-Manual.aspx https://www.oregon.gov/ODOT/Construction/Pages/QC-Compliance-Specialist-Handbook.aspx https://www.oregon.gov/ODOT/Construction/Pages/Manual-of-Field-Test-Procedures.aspx https://www.oregon.gov/ODOT/Construction/Pages/Inspectors-Manual.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx

When the Services under a WOC or Contract include assessment or design (or both) for curb ramps, sidewalks, or pedestrian-activated signals (new, modifications or upgrades), Consultant shall:

a. Utilize ODOT-applicable standards to assess and ensure Project compliance with the Americans with Disabilities Act of 1990 (“ADA”), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual and ODOT Traffic Signal Design Manual standards; and

b. Follow ODOT’s processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including but not limited to conformance with the ODOT Highway Design Manual, ODOT Traffic Signal Design Manual, ODOT Design Exception and Traffic Approval processes, Oregon Standard Drawings, and Standard Specifications, providing a temporary pedestrian accessible route plan and completed ODOT Curb Ramp and Push Button Inspection form(s).

When the Services under a WOC or Contract include inspection of curb ramps, sidewalks, or pedestrian-activated signals (new, modifications, or upgrades), all such inspections shall include inspection for compliance with the standards and requirements in a. and b. above. Inspections must be performed by ODOT certified inspectors (which must include certified environmental inspectors when appropriate). In addition, upon completion of each ramp, Consultant shall complete the applicable curb ramp-specific ODOT Curb Ramp Inspection form 734-5020(A-H) for each curb ramp constructed, modified, upgraded, or improved as part of the Project. In addition, upon completion of each pedestrian-activated signal, Consultant shall complete the applicable ramp-specific ODOT Push Button Inspection form 734-5245(A-B) for each curb ramp constructed, modified, upgraded, or improved as part of the Project. Each completed form must be submitted electronically by clicking the “Submit by E-mail” button on the form (and cc APM). The forms are documentation required to show that each curb ramp meets ODOT applicable standards and is ADA compliant. ODOT’s fillable Curb Ramp and Push Button Inspection Forms and instructions are available on ODOT’s Engineering for Accessibility webpage.

Above references to curb ramps, sidewalks or pedestrian-activated signals also include, when applicable, shared use paths, transit stops, park-and-rides and on-street parking.

Unless otherwise specified in a WOC or Contract, the most current version of applicable standards, manuals, directives, and other procedural guidance shall apply. Unless otherwise specified, the system of measurement and language used in all deliverables will be English.

2. General Requirements As required in ORS 672.002 to 672.325, Consultant shall provide appropriate supervision and control with a licensed Professional Engineer in responsible charge of the CA/CEI Services.

All Inspection work must be performed by Agency-certified Inspectors as required by the Agency’s Inspection Quality Assurance Program (“IQAP”). Consultant’s Agency-certified Inspectors shall diligently monitor the work of the Construction Contractor (“CC”) to determine whether the Project is constructed in compliance with the construction contract documents and any applicable current standards and Agency manuals or procedures, including but not limited to those listed in the PA or https://www.oregon.gov/odot/Engineering/Pages/Hwy-Design-Manual.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Signal-Design-Manual.aspx https://www.oregon.gov/odot/Engineering/Pages/Hwy-Design-Manual.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Signal-Design-Manual.aspx https://www.oregon.gov/odot/Engineering/Pages/Design-Exceptions.aspx https://www.oregon.gov/odot/Engineering/Pages/Design-Exceptions.aspx https://www.oregon.gov/odot/Engineering/Pages/Traffic.aspx https://www.oregon.gov/odot/Engineering/Pages/Standards.aspx https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx

Contract. All Quality Control (“QC”) monitoring tasks must be performed by individual(s) certified by the Agency’s Technician Certification Program.

Consultant shall immediately advise Agency of any construction or planned construction which fails to conform to the construction contract requirements applicable to the Project. Consultant shall also immediately advise Agency of any design errors or deficiencies or other problems that could have a negative impact on the Project construction schedule or construction cost. In addition, Consultant shall immediately advise Agency of any construction which Consultant knows, or with the exercise of professional care should know, fails to conform to the federal or state standards applicable to construction of the project.

Legal Services and Fees. If Consultant uses legal services to support the Consultant’s performance of any Services under this WOC, that is a decision within the Consultant’s discretion; however, no charges for Consultant legal counsel or for legal services shall be charged to Agency as a subconsultant cost or other cost and any such costs or charges shall be paid for by the Consultant at the Consultant’s sole expense and at no cost to the Agency.

3. Communication Communication is an important element to the successful completion of the Project and CA/CEI Services. All communication and deliverables covered under this CA/CEI SOW shall be directed to the APM (or such other individual as designated in writing to the Consultant). In addition, Consultant shall submit deliverables specific to the administration of the construction contract (excluding claims) via Doc Express, the current ODOT Electronic Document Management System (“EDMS”) for construction, as described within the ODOT Construction Manual. If Consultant has not previously registered with the current EDMS, send an email to:

ODOTeConstruction@odot.oregon.gov. Following the registration, an ODOT System Administrator will contact Consultant to assist with set up in the system. If Consultant is already registered in ODOT’s EDMS, Consultant will be notified by an ODOT System Administrator when this WOC or Contract has been set up within the EDMS. Consultant shall comply with requirements for EDMS usage according to the Standard Specifications in Section 00170.08 of the , as may be revised from time to time, which is hereby incorporated into this SOW with the same force and effect as though fully set forth herein.To the extent possible, all transmittals from Consultant to Agency must include the Contract#, PA# and WOC# if applicable, Project name and the Agency’s key number.

The key number must be used as part of the document control system established by Agency and Consultant. For submittals specific to the EDMS, Consultant shall comply with naming conventions, drawer structure, and other instructions as specified in the Agency’s current user guide for the ODOT EDMS or as otherwise allowed by the APM. In addition, the Document Directory within the EDMS for the Project, will provide the form numbers, document title, drawer submitted to, and drawer published to information. Formats for the document control system shall be discussed at the initial meeting between Agency and Consultant pertaining to the CA/CEI Services.

The CC for the Project will be determined through the competitive bidding or proposal process.

When the CC has been determined, Consultant shall establish appropriate contacts with that firm prior to the Pre-Construction Conference.

mailto:ODOTeConstruction@odot.oregon.gov

4. Roles and Responsibilities

Agency The APM is Agency’s primary point of contact for the Consultant. The APM has the authority to review and accept, or recommend Acceptance of, all Consultant deliverables. The APM may distribute deliverables to appropriate Agency personnel for review and approval.

The Agency is the POR for the contract.

Agency has overall authority in scope, schedule, and budget of the Project. All construction Change Orders [Contract Change Orders (“CCO” form 734-1169), Extra Work Orders (“EWO” form 734- 3208) and Orders for Force Work (“OFW” form 734-1105)] prepared by the Consultant are subject to Agency review and approval prior to implementation by the CC. Authority to approve all CCOs, EWOs and OFW shall be as outlined in the ODOT Construction Manual, Chapter 3 - Delegated Authority and in Delegation Letters.

Agency is responsible for the following:

• Execution of Intergovernmental Agreements (“IGAs”) related to the Project

• Attend Pre-Construction Conference

• Material verification sampling and testing

• Concrete and Asphalt mix design review

• Providing access to construction related forms referenced in this CA/CEI SOW within EDMS, Agency’s construction forms website, and hardcopy forms (as needed)

• Providing survey handoff package to CC

• Approving construction CCOs, EWOs and OFW

• Approving requests for overrun or increase in Project authorization

• All contact with Federal Highway Administration (“FHWA”) or other federal agencies

• All consultation with Native American Tribes (i.e., government-to-government discussions)

• Reviewing and processing monthly pay estimates for construction contract through the ODOT Contract Payment System (“CPS”)

• Final Project Acceptance

• Providing access to Agency-owned Right of Way (“ROW”) and easements

• Providing facilitator for Cooperative Arrangement (“Partnering”) if needed

• Performing periodic quality, quantity, and labor compliance documentation reviews

• Inspecting Project specific fabricated items

• Providing the Structure Cost Data

• Reviewing Working Drawings, shop drawings, other submittals, and RFI’s related to Agency designed work that requires Agency POR review and approval

Consultant is responsible for the following:

• Unless specifically stated otherwise in a particular task, Consultant shall provide all labor, equipment, and materials to manage, coordinate and complete all tasks and provide all deliverables as set forth in this CA/CEI SOW (collectively, the “CA/CEI Services”) in accordance with the delivery schedules identified.

• Changes to Consultant’s Project Manager are subject to Agency approval and will require written notice to Agency prior to the change.

• If Consultant is performing the Construction Inspection, Quality Control Manager and Quality Control Compliance Specialist functions, then Consultant’s Key Persons {as identified on the approved Quality Assurance & Contract Administration Plan (“QA/CA Plan”) may not be substituted or replaced unless approved in writing by Agency.

• Consultant is not responsible for the means, methods, operating procedures or safety precautions of any CC or other entity.

C. REVIEW, COMMENT and SCHEDULE REQUIREMENTS

• Consultant shall complete all CA/CEI tasks and deliverables in a timely manner to avoid unnecessary delays in the construction Project. Consultant shall provide written notice to Agency at the first sign of delays caused by Agency, Consultant, CC, or any other entity that may delay completion of the Project or otherwise have a negative impact on the construction schedule.

• Consultant shall notify APM immediately (within 2 business days) upon discovery of any changes in the Project that may impact scope, schedule, or budget of the Project or CA/CEI Services.

• Consultant shall submit all construction contract administration deliverables, excluding claims, via the specified EDMS. Consultant shall submit all other deliverables to APM or designee unless otherwise stated in specific tasks.

• All deliverables are considered draft until reviewed and accepted by Agency. Consultant shall revise to address Agency comments and submit revised deliverable(s) to APM within 5 business days of receipt of Agency review comments unless a different timeframe is stated in specific tasks or otherwise agreed to in writing by Agency. If no revisions are necessary, the submittal will be considered final.

D. FORMAT REQUIREMENTS

• Deliverables shall be submitted to Agency in the format described in the ODOT Construction Manual and individual tasks. Following NTP, Consultant shall submit all construction contract deliverables, excluding claims, to the specified EDMS as described within the ODOT Construction Manual. Claims must be submitted on paper documents according to the Standard Specifications in Section 00199.

• The time zone is Pacific Standard Time (“PST”) to determine time of receipt of notices and other documents. Non-business days are Saturdays, Sundays and legal holidays as defined by ORS

187.010 and 187.020. If recorded in the EDMS as received before 5:00 p.m. PST on a business day, it shall be considered as received on the business day on which it was received in the EDMS. If recorded in the EDMS as received on a non-business day, or after 5:00 p.m. PST on a business day, it shall be considered as received at 8:00 a.m. PST on the next business day.

• ODOT Forms – Consultant shall use ODOT forms where required. Consultant shall use the most current versions of Construction related forms referenced in this CA/CEI SOW , available within the ODOT EDMS or online at: https://www.oregon.gov/ODOT/Construction/Pages/Forms.aspx

• Deliverables submitted to the specified EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project.

• Each draft and final text-based or spreadsheet-based deliverable shall be provided in MS Office file formats (i.e., Word, Excel, MS Project, etc.) and must be fully compatible with version used by Agency.

• Additional format requirements may be listed with specific tasks or deliverables throughout the CA/CEI SOW or in the PA or Contract.

https://www.oregon.gov/ODOT/Construction/Pages/Forms.aspx

E.1 TASKS, DELIVERABLES and SCHEDULE

Task Numbering: For purposes of standardization, task numbers in this SOW may be non-sequential due to deletion of unneeded tasks from Agency’s CA/CEI SOW template. For convenience to the reader, the task numbering for the CA/CEI phase will use the standard task number prefaced with “CE” (CE-1, CE-2).

TASK CE-1 PROJECT MANAGEMENT of CA/CEI SERVICES

This activity is continuous throughout the duration of these CA/CEI Services. Consultant shall guide and direct the CA/CEI Services and Consultant’s team in conformance with all applicable requirements of the CA/CEI Services and the Project’s goals and objectives. Consultant shall monitor progress of the Project and CA/CEI Services.

Task CE-1.1 Coordination

Consultant shall provide leadership, direction, and control of these CA/CEI Services.

Consultant shall:

• Direct Consultant’s team regarding overall CA/CEI activities and team meetings.

• Maintain liaison, communication, and coordination between Consultant’s staff, APM, POR, local agency project manager, LAPM (if applicable), CC, and Agency staff to facilitate timely, efficient operations for all involved.

Deliverables and Schedule:

• Ongoing coordination and communication as needed to appropriately manage the CA/CEI Services (no tangible deliverables for this task).

Task CE-1.2 Status Reports and Invoices

Consultant shall complete up to TBD Monthly Status Reports throughout the duration of the CA/CEI Services.

See Section E.2, Project Schedule.

The Monthly Status Report must:

• Describe the previous month’s Consultant activities. For fixed-price method of compensation, identify staffing used for that reporting period. For other compensation methods, the staffing used must be identified in the invoice backup documentation.

• Describe the planned activities for the next month.

• Identify any issues or concerns that may affect the CA/CEI Services and budget or the Project schedule and Project budget.

If the construction Project schedule milestones are significantly revised, Consultant shall attach the updated Project schedule and submit with the Monthly Status Report. Consultant shall submit the Monthly Status Reports to APM with the monthly Consultant invoice.

Deliverables and Schedule:

• Monthly Status Report – Submit to APM with the monthly invoice no later than the 5th calendar day of the month following the reporting month.

TASK CE-2 CONSTRUCTION CONTRACT ADMINISTRATION/CONSTRUCTION ENGINEERING and

INSPECTION

Consultant shall support the Project's needs by providing CA/CEI Services required for the Consultant to verify that the portions of the Project the Consultant performed CA/CEI services for were completed according to the Contract Documents for the Project.

Consultant shall engage the Agency Professional of Record (“POR”) as required to provide engineering Services required to administer design changes that may become necessary during the construction phase of the work.

Task CE-2.1 Pre-Construction Conference

Consultant shall attend the Pre-Construction Conference as referenced in the Standard Specifications in Section 00180.42, and the ODOT Construction Manual, Chapter 11 – Before On-Site Work Begins.

Attendees will include the CC, APM, LAPM (if applicable), permitting agencies, Rail Crossing Project Manager (“RCPM” applicable on Projects with rail crossings), local officials and others as may be appropriate to discuss the construction schedule, utility involvement, permit concerns, required documentation submittals, materials, Rail Crossing Order (if required), and other items relevant to the construction of the Project.

Consultant shall consult with the CC, APM, LAPM (if applicable), and the RCPM (if applicable) to determine participants and schedule the Pre-Construction Conference at an agreed upon time and place.

Consultant shall:

• Attend and participate in the Pre-Construction Conference.

• Deliverables and Schedule:

Deliverables submitted to the EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project:

• N/A (no tangible deliverables for this task)

Task CE-2.2 Cooperative Arrangement (Partnering) [CONTINGENCY TASK, See Section F]

If requested by the CC or Agency, Consultant shall work with the CC, the APM and the Agency’s Partnering Consultant as needed to schedule a formal Cooperative Arrangement (Partnering) session at an agreed upon time prior to the Pre-Construction Conference.

Consultant shall:

• Schedule the Cooperative Arrangement session.

• Work with Agency’s Partnering Consultant to build the agenda.

• Attend and participate in the Cooperative Arrangement session.

• Follow through with any commitments made at the Cooperative Arrangement session.

ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes up to TBD Cooperative Arrangement sessions.

mailto:CCDRailCrossing@odot.oregon.gov mailto:CCDRailCrossing@odot.oregon.gov

Deliverables and Schedule:

Deliverables submitted to the EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project:

• Agenda for Cooperative Arrangement session – Submit 1 electronic copy to each meeting attendee, APM, and EDMS 5 business days prior to the scheduled meeting.

• Concise summary of Cooperative Arrangement session and list of action items – Submit 1 electronic copy to each meeting attendee, APM, and EDMS within 5 business days after the meeting.

Task CE-2.3 Quality Assurance & Contract Administration Plan

Consultant shall complete a QA/CA Plan for the CA/CEI Services for the Project, using Agency form 734- 2857. The QA/CA Plan must identify Consultant’s certified quality assurance and construction inspection personnel and the personnel responsible for each of the major construction-related tasks identified in this CA/CEI SOW.

Consultant shall submit a draft QA/CA Plan to the APM for review and comment. Agency will review the draft QA/CA Plan and return any comments to the Consultant within 5 business days. Consultant shall respond to Agency comments and revise the draft QA/CA Plan as necessary.

Consultant shall complete the final QA/CA Plan making all required revisions per the Agency draft review comments. Agency will issue approval or return any additional comments to Consultant within 5 business days of receipt of the final QA/CA Plan. If necessary, Consultant shall revise the final QA/CA Plan to address Agency’s additional comments. No on-site inspection or QC monitoring tasks may be performed by the Consultant until receipt of Agency approval of the final QA/CA Plan.

Consultant shall make any necessary updates to the QA/CA Plan as work progresses and submit the updated QA/CA Plan to the APM for review and approval.

Deliverables and Schedule:

Deliverables submitted to the EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project:

• Draft QA/CA Plan (form 734-2857) - Submit 1 electronic copy via email to APM no later than 5 business days following the date of NTP for CA/CEI phase.

• Final QA/CA Plan (form 734-2857) - Submit 1 electronic copy to APM and EDMS within 5 business days of receiving Agency comments on draft QA/CA Plan.

• Updated QA/CA Plan (form 734-2857) - Submit 1 electronic copy to APM and EDMS within 5 business days of changes that require the update.

Task CE-2.4 Construction Contract Administration

Consultant shall provide day-to-day administration of the construction contract. Consultant shall complete contract administration tasks according to the ODOT Construction Manual, the Manual of Field Test Procedures, the Nonfield-Tested Materials Acceptance Guide, the ODOT Inspector’s Manual, the QCCS Handbook, the Qualified Products List (“QPL”), the Contract Plans and Specifications, and this

CA/CEI SOW.

The Agency will perform periodic reviews on all Project quality, quantity, labor compliance and Civil Rights documentation. The reviews will be performed by the Agency’s Region Assurance Specialist https://www.oregon.gov/odot/Construction/Pages/Manuals.aspx https://www.oregon.gov/odot/Construction/Pages/Manuals.aspx https://www.oregon.gov/odot/Construction/Pages/Manuals.aspx https://www.oregon.gov/odot/Construction/Pages/Qualified-Products.aspx

(“RAS”) per the ODOT Construction Manual, Chapter 12B – Quality, Section 12B-3 and the Office of Equity and Civil Rights (“OECR”) according to the ODOT Construction Manual, Chapter 18 – Workforce and Small Business Equity Programs. Consultant shall resolve all documentation deficiencies noted during the periodic reviews prior to the next scheduled review.

Consultant’s work under this task shall also follow protocol provided in Task CE-2.5 – Monthly Preliminary Progress Estimates, Task CE-5.1 – Final Inspection(s) and Submittals, and Task CE-5.4. – Submittal of Final Project Documentation as applicable.

In addition to any other requirements identified in the reference standards identified above, Consultant shall:

• Complete and sign First Notification when on-site construction work begins according to Standard Specification Section 00110.20, 00180.40(b), and the ODOT Construction Manual, Chapter 13 – Contract Time.

• Monitor overall budget and costs included in the Project Construction Authorization according to the ODOT Construction Manual, Chapter 5 – Construction Authorization.

• Monitor and evaluate the construction schedule and determine whether the CC is proceeding in a manner that will result in timely Project completion in conformance with the construction contract documents. If the CC is not proceeding in this manner, document the delay and determine and pursue the appropriate action according to the ODOT Construction Manual, Chapter 13 – Contract Time.

• Perform monitoring of Subcontracts, and Rental of Operated Equipment, Supplier and Trucking Agreements as required by the construction contract and according to the ODOT Construction Manual, Chapter 14 – Subcontracts. Tasks include but are not limited to:

o Review, request revisions or corrections from CC as needed, and sign Contractor’s request for Subcontract Consent (form 734-1964), CC’s Request for Rental of Operated Equipment (form 734-2946), CC’s Supplier Agreements, CC’s standard Trucking Agreement template and verify executed Trucking Agreements comply with the approved template.

o Coordinate with OECR for approval of Disadvantaged Business Enterprise (“DBE”) documentation.

• Perform Labor Compliance monitoring as required by the construction contract and the ODOT Construction Manual – Chapter 19 Labor Compliance. Tasks include, but are not limited to:

o Develop tracking documents to verify and confirm receipt of all certified payroll reports for weeks worked from CC and all subcontractors throughout construction of the Project.

o Review weekly certified payroll reports, including the signed Statement of Compliance/Certification page, from CC and all subcontractors.

o Review Employee Interview Reports (form 734-3475) and Project Manager’s Owner- Operator Interview Summary Reports (form 734-3581).

o Request revised or corrected certified payroll reports and proof of wage payments from CC as needed.

• Perform Equal Employment Opportunity (“EEO”), DBE and On-the-Job Training (“OJT”)/Apprenticeship monitoring as required by the construction contract and according to the ODOT Construction Manual, Chapter 18 – Workforce and Small Business Equity Programs.

Tasks include, but are not limited to:

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/HwyConstForms1.shtml http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/HwyConstForms1.shtml o Review CC’s Paid Summary Reports (form 734-2882), CC’s Monthly Employment Utilization Reports (“MEUR”, form 734-0668), Monthly Progress Reports (form 734- 2879), and DBE Trucking Log (form 734-2196, when applicable).

o Review and sign CC’s Training Program Approval Requests (“TPAR”, form 734-2880), Apprenticeship Trainee Approval Requests (“ATAR”, form 734-2878).

o Review and sign DBE Work Plan 3A (form 734-2165A, including DBE trucking identification when applicable), Commercially Useful Function (“CUF”, form 734-2165), and DBE Trucking CUF reports for all DBE subcontractors.

o Coordinate with OECR for approval of EEO, DBE and OJT/Apprenticeship documentation.

• Prepare and coordinate processing of CCO, EWO, OFW and supporting documents (including cost estimate and justification) according to the ODOT Construction Manual, Chapter 15 – Change Orders, Force Account, Work by Other Forces, and Chapter 12G – Extra Work Performed on a Force Account Basis. Change Orders may include, but are not limited to, modification to the plans, specifications, and contract time. Consultant may be liable for payment of the cost for any CCOs, EWOs and OFW authorized without obtaining prior review and approval by Agency. Only ODOT has the authority to approve and authorize changes to the construction contract including CCOs, EWOs, and OFW.

• Review Force Account billings from CC, request revisions or corrections as needed, and complete Force Account Summary (form 734-3385) according to the ODOT Construction Manual, Chapter 12-G – Extra Work Performed on a Force Account Basis.

• Complete and sign the Prime Contractor Performance Evaluation (form 734-2884) annually within 30 calendar days of the NTP anniversary until Second Notification according to the ODOT Construction Manual, Chapter 34 – Contractor Performance Evaluation. (Refer to Task CE-5.1 for completion of the final Prime Contractor Performance evaluation.)

Deliverables and Schedule:

Deliverables submitted to the EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project:

• First Notification (form 734-3233) – Issue when on-site construction work begins. Submit to EDMS and distribute signed copy via email according to form instructions.

• Resolution, prior to the next review, of any documentation deficiencies noted by the RAS on the Documentation Review Report.

• CC-submitted requests for Subcontract Consent (form 734-1964) - Within 7 calendar days after receipt in the EDMS of the subcontract packet from CC, review, complete the bottom of the first page of the form and approve, or request correction.

• CC-submitted Request for Rental of Operated Equipment (form 734-2946), Supplier, or Trucking Agreements – Within 7 calendar days after receipt in the EDMS from CC submit DBE documents for Agency acceptance, then approve.

• EEO, DBE and OJT/Apprenticeship compliance reports:

o Paid Summary Reports (form734-2882), MEUR (form734-0668), Monthly Progress

Reports (form 734-2879), DBE Trucking Log (form 734-2196, when applicable) – Within the EDMS review, submit at least monthly within the month received as project work progresses for Agency approval.

o TPAR (form734-2880), ATAR (form 734-2878), – Within the EDMS review, approve or request correction, and submit at least monthly within the month received as Project work progresses for Agency approval.

o DBE Work Plan 3A (form 734-2165A), CUF and DBE Trucking CUF reports (form 734- 2165) for all DBE subcontractors – Within the EDMS review, approve or request correction, and submit at least monthly within the month received as Project work progresses for Agency approval.

• Labor Compliance documentation:

o CC-submitted certified payroll reports – At least weekly track, review, and request correction when required.

o Any wage and hour related correspondence – When applicable, submit as supporting documentation to existing documents in the EDMS as Project work progresses.

o Employee Interview Reports (form 734-3478) and Project Manager’s Owner-Operator

Interview Summary Reports (form 734-3581) – When submitted to EDMS under Task CE- 3.2, review at least monthly within the month received.

• CCO, EWO, and OFW with supporting documents – Submit draft via email to APM by date agreed to when work was requested. After receiving Agency approval of draft, submit with supporting documents to the EDMS and, after CC approves, recommend approval to the Agency.

• CC-submitted Force Account Billings and Force Account Summary (form 734-3385) – When received, review, request correction when required, and compile and submit complete package including Summary to EDMS as Project work progresses.

• Prime Contractor Performance Evaluation (form 734-2884) – o Submit Consultant-signed evaluation via email to CC, APM and

ODOTContractSvcs@odot.oregon.gov annually within 30 calendar days of the NTP anniversary until Second Notification;

o Upon receipt from CC, submit CC-signed evaluation to APM and ODOTContractSvcs@odot.oregon.gov;

o (Note: If CC does not sign and return the evaluation, the Agency will automatically process it 15 calendar days after it was sent to CC.)

o (Refer to Task CE-5.1 for the final Prime Contractor Performance Evaluation prepared after issuance of Second Notification.)

Task CE-2.5 Monthly Preliminary Progress Estimates

Consultant shall prepare and enter all source documents as “pay notes” into the monthly preliminary progress estimate using the Agency’s Contract Payments System (“CPS”) for CC’s work performed through the last working day of the month. (Refer to the ODOT Construction Manual, Chapter 12D – Quantities).

After all the pay notes are entered, Consultant shall generate the Preliminary Progress Payment Report and review it with the CC for concurrence on quantities being paid for the previous month’s work.

No later than the 5th of the month, Consultant shall notify the APM via e-mail that the progress estimate is ready for upload. Following a review, the APM will upload progress estimate no later than the 8th of the month.

ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes up to TBD Monthly Preliminary Progress Estimates.

mailto:ODOTContractSvcs@odot.oregon.gov

• Monthly Preliminary Progress Estimate – Completed and ready for APM review by the 5th of the month (no later than the 8th) following each month in which CC’s work was performed. Submit a signed electronic copy of the Preliminary Progress Payment Report to the APM with a copy to the LAPM (if applicable).

Task CE-2.6 Project Progress and Technical Meetings

Consultant shall prepare for and lead periodic Project Progress Meetings with the CC and others as needed, including but not limited to, APM, permitting agencies, local officials, POR, and LAPM (if applicable). The Project Progress Meetings are intended to promote Project progress, proper communications, effective working relationships, and timely issue resolution.

Consultant shall prepare for and lead additional activity-specific technical kick-off meetings (“Technical Meetings”) for various activities required by the construction contract. These activities may include, but are not limited to:

• Hazardous Materials Handling

Consultant shall:

• Schedule Project Progress Meetings as needed, or as agreed to by APM and LAPM (if applicable). Project Progress Meetings are recommended to be held weekly during active construction periods but may be held less frequently during periods of low construction activity.

• Prepare Project Progress Meeting agendas.

• Record Project Progress Meeting minutes.

• Attend, lead, facilitate, and participate in Project Progress Meetings.

• Schedule Technical Meetings as needed, or as agreed to by APM and LAPM (if applicable).

• Prepare Technical Meeting agendas.

• Record Technical Meeting minutes.

• Attend, lead, facilitate, and participate in Technical Meetings.

ASSUMPTIONS FOR BUDGETING PURPOSES: Project Progress Meetings are assumed to be held virtually [OR] on-site weekly (during active construction) with no more than TBD Consultant staff attending and TBD meetings assumed, see Section E.2 Project Schedule. Activity-specific technical meetings are assumed to be held virtually [OR] on-site with no more than TBD Consultant staff attending and up to TBD meetings assumed.

Deliverables and Schedule:

Deliverables submitted to the EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project:

• Project Progress Meeting agendas – Distribute 1 electronic copy to each meeting attendee, APM, and EDMS 2 business days prior to scheduled meeting.

• Project Progress Meeting minutes – Distribute 1 electronic copy to each meeting attendee, APM, and EDMS within 5 business days after the meeting.

• Request to cancel Project Progress Meetings based on inactive construction period – Submit written request electronically to APM at least 2 business days prior to scheduled meeting and, after request is approved, inform attendees of the cancellation.

• Technical Meeting agendas – Distribute 1 electronic copy to each meeting attendee, APM, and EDMS 2 business days prior to scheduled meeting.

• Technical Meeting minutes – Distribute 1 electronic copy to each meeting attendee, APM, and EDMS within 5 business days after the meeting.

Task CE-2.7 Working Drawings, Shop Drawings, and other Submittals

Consultant shall coordinate to obtain POR’s review and preparation of construction Working Drawings, shop drawings, and other submittals submitted electronically by the CC. When electronic Working Drawings, shop drawings, and other submittals are received, according to the Standard Specifications in Sections 00150.35(c)(2), 00150.37, and 00170.08, Consultant shall coordinate the POR’s review of Working Drawings, shop drawings, and other submittals are returned to the CC within the timeframes specified in the construction contract. Consultant shall log in the submittal when it arrives, track the submittal to ensure timely response, and log out the reviewed submittal when it is returned to the CC.

Consultant shall coordinate submittal review in accordance with the Standard Specifications in Sections 00150.35, 00150.37, and 00170.08, and the ODOT Construction Manual, Chapter 16 – Working Drawings and Submittals.

• Maintain 1 of the as-submitted copies in the Project files.

• Coordinate and obtain POR review and mark-up/comment copies of the Working Drawings, shop drawings, and other submittals..

• Conduct review of unstamped submittals not requiring POR review, and mark-up/comment as either AP = Approved, AX = Approved as Noted, or RC = Returned for Correction.

Consultant shall review or coordinate review with the POR for the following submittals as required using the guidelines in ODOT’s Construction Manual, Chapter 16 – Working Drawings and Submittals, and the Standard Specifications in Sections 00150.35, 00150.37, and 00170.08:

• Traffic control plans

• Erosion control plans

• Pollution control plans

• Quality control plan and personnel

• Construction schedules (baseline and monthly updates)

• Machine control survey submittals

• Drainage structures (manholes and inlets) Working Drawings, shop drawings, and other submittals

• Work containment plans and systems

• Landscaping and irrigation submittals

• Others as required by construction contract specifications

Consultant shall prepare Working Drawings, shop drawings, and other submittals for non-standard permanent signs in accordance with the Standard Specifications in Section 00940.03, and for steel sign supports in accordance with Section 00930.02. Based on field survey information, Consultant shall review and verify all new sign-post lengths.

Deliverables and Schedule:

• Return approved Working Drawings, shop drawings, and other submittals not requiring POR review with comments to CC (within time frame established in construction contract specifications):

o 1 copy maintained in Project files, o Electronic Submittal – Submit 1 electronic PDF format mark-up/comment to the EDMS as required by the construction contract.

• Coordinate and obtain POR-provided Working Drawings, shop drawings, and other submittals for non-standard signs and steel sign supports and return to CC (due within 5 business days of request):

o 1 copy maintained in Project files, o Electronic Submittals – Submit 1 electronic PDF format mark-up/comment to the EDMS as required by the construction contract.

Consultant shall also ensure notification of approved Working Drawings, shop drawings and other submittals is provided to Agency Structure Services/Materials Unit when applicable (Portland office for steel Working Drawings, shop drawings, and other submittals; Portland or Eugene office for pre-cast Working Drawings, shop drawings, and other submittals, depending on location of fabrication facility).

Files Retained by Consultant:

Consultant shall maintain files of all reviewed Working Drawings, shop drawings, and other submittals according to the retention period set forth in the terms and conditions of the PA or Contract. ODOT may request these files at any time during the retention period. Consultant shall provide the files to ODOT within 14 calendar days of the request.

Task CE-2.8 Consultation during Construction

Consultant shall provide consultation and coordinate technical and POR Services regarding design issues raised during construction of the Project. As applicable, Consultant shall clarify or obtain POR’s clarification of construction contract documents and provide responses to Requests for Information (“RFIs”). The consultation will occur only as required and may be ongoing throughout the CA/CEI Services and the Project.

Upon request of the CC or Agency during construction, Consultant shall:

• As applicable, clarify construction contract documents or obtain POR’s clarification, and resond to CC inquiries and RFIs.

• Respond to field inquiries.

• Prepare the necessary Change Order documents to make them part of the construction contract, including, as applicable, the design revisions prepared by the POR.

NOTE: Design requests must be initiated by either Agency or Consultant using a Change Request Form or an RFI. A response to a RFI may also initiate a Change Request or a formal contract amendment for Consultant or CC. No work shall be conducted on a Change Request until the APM approves the request and the appropriate Change Order document is approved. The Change Request must clearly outline Consultant’s cost, the estimated construction cost, and the cause of the change.

ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes up to TBD RFIs, each requiring up to TBD hours of staff time for preparation and documentation of the response. Includes TBD days of on-site construction consultation.

Deliverables and Schedule:

• Written documentation of responses to CC or Agency inquiries. Submit 1 electronic copy to APM within 2 business days of inquiry unless other delivery date is agreed to by APM.

Task CE-2.9 Design Modifications [CONTINGENCY TASK, See Section F]

If Consultant or CC determines that design modifications may be necessary, Consultant shall discuss potential changes with APM, LAPM (if applicable) and POR prior to verbally agreeing on changes with CC or preparing the appropriate Change Order documents, depending upon the type of work (changed work, extra work, or force account work). Upon request of the APM, Consultant shall work with the POR to prepare detailed engineering design revisions necessitated by conditions encountered during construction. These design revisions must be accompanied by the necessary Change Order documents (CCO, EWO or OFW) to make them a part of the construction contract.

• Design details for modifications (prepared or approved by the POR for appropriate changes to Project design) – Submit to…