PA #TBD; WOC # TBD; Key#22552 AE WOC Form

Attachment D - “SAMPLE WOC”

Mini-RFP#: S-73000-00015101

WORK ORDER CONTRACT #: TBD (ORBuys PO #: TBD) PRICE AGREEMENT (“PA”) #: TBD (ORBuys #: TBD)

Project Name/Location: Willamette River: Stormwater Source Control Improvements Project

This Work Order Contract (“WOC”) is entered into by and between the State of Oregon, by and through its Oregon Department of Transportation (“Agency” or “ODOT”), and TBD corporation (“Consultant” or “Contractor”).

This WOC incorporates by this reference:

a. all of the Terms and Conditions contained in Part II of the above referenced PA;

b. the provisions from the PA Exhibits with the exception of: K, L;

c. the attached Statement of Work and Delivery Schedule;

d. Attachment A - Acronyms & Definitions;

e. Attachment B - Breakdown of Costs (“BOC”);

f. Attachment C - DBE Provisions;

g. Attachment D - ProjectWise Network

WOC EXPIRATION DATE: 2 years from Date of Execution. The required schedule for performance under the WOC is specified in the Statement of Work and Delivery Schedule.

DBE - WOC includes federal funds? RESERVED DBE Goal: No Goal Certified Small Business Aspirational Target (for State-only funded WOCs over $100,000, including as amended; see PA Exhibit K): RESERVED Fed Aid #: SA00(488) ODOT Key #22552 The Total Not-to-Exceed (“NTE”) amount for this WOC. This total includes: all allowable costs, profit, and fixed-fee amount (if any), shown in section H.4; and TBD for contingency tasks, each of which must be separately authorized by Agency.

TBD

This WOC is effective on the date it has been signed by the Parties and all required State of Oregon approvals have been obtained. No Payment shall be made for Services that are performed before: i) the WOC effective date and ii) a Notice-To-Proceed has been issued by Agency.

CONSULTANT CERTIFICATION:

A. Any individual (the undersigned) signing on behalf of Consultant hereby certifies under penalty of perjury:

(1) Consultant has provided its correct taxpayer identification number to Agency for the above-referenced

PA.

(2) Consultant is not subject to backup withholding because (a) Consultant is exempt from backup withholding, (b) Consultant has not been notified by the IRS that Consultant is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Consultant that Consultant is no longer subject to backup withholding.

Form C004-B122723R1

(3) The undersigned is authorized to act on behalf of Consultant, the undersigned has authority and knowledge regarding Consultant’s payment of taxes, and to the best of the undersigned’s knowledge, Consultant is not in violation of any Oregon tax laws. For purposes of this certification, "Oregon tax laws" means: (i) any state taxes administered by the Oregon Department of Revenue (DOR) under the tax laws of this state and local taxes administered by DOR under ORS 305.620; and (ii) any tax provisions imposed by a political subdivision of this state that apply to Consultant, to Consultant’s property, operations, receipts, or income, or to Consultant’s performance of or compensation for any work performed by Consultant; and (iii) any tax provisions imposed by a political subdivision of this state that apply to Consultant, or to goods, services, or property, whether tangible or intangible, provided by Consultant; and (iv) any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

B. Any individual (the undersigned) signing on behalf of Consultant hereby certifies the undersigned is authorized to sign this WOC and that:

(1) Consultant has read, understands and agrees to comply with the requirements set forth in the PA and in all Exhibits and other documents incorporated by reference in the PA.

(2) Consultant understands and agrees that any exhibits or other documents not physically attached to the PA that are incorporated by reference have the same force and effect as if fully set forth herein.

(3) Consultant has made all required Conflict of Interest (COI) disclosures, if any.

(a) Consultant understands and has provided to all Associates (as defined in the COI Guidelines) the ODOT COI Guidelines and COI Disclosure Form available at:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx. Consultant and, to the best of the undersigned’s information, knowledge and belief, Consultant’s Associates, are in compliance with and have no disclosures required per the COI Guidelines (as may revised from time to time by Agency); or

(b) If disclosures regarding this WOC or the related Project are required per the ODOT COI Guidelines, Consultant has made such disclosures to Agency on a properly prepared and submitted COI Disclosure Form and, if determined necessary by Agency, a mitigation plan has been approved by Agency.

(4) (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this WOC, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," (https://www.gsa.gov/system/files/SFLLL_1_2_P-V12b.pdf) in accordance with its instructions.

(c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.gsa.gov/system/files/SFLLL_1_2_P-V12b.pdf file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

(d) Consultant shall require that the language of this certification be included in all subcontracts in excess of $100,000 at all tiers and that all such subcontractors shall certify and disclose accordingly.

(5) Consultant has, and gives employees a written notice of, a policy and practice that meets the requirements described in ORS 279A.112. Such policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault and discrimination against employees who are members of a protected class. Consultant agrees, as a material term of the WOC, to maintain the policy and practice in force during the entire WOC term (see additional information and sample policy template at https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx).

(6) Consultant has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

(7) Consultant is an independent contractor as defined in ORS 670.600 and as described in IRS Publication 1779 (https://www.irs.gov/pub/irs-pdf/p1779.pdf).

(8) In the event that Consultant is a general partnership or joint venture, Consultant signature(s) on this WOC constitutes certifications to the above statements pertaining to the partnership or joint venture, as well as certifications of the above statements as to any general partner or joint venturer signing this

WOC.

Electronic Signatures.

The Parties agree that signatures showing on PDF documents, including but not limited to PDF copies of the PA, WOC and amendments, submitted or exchanged via email 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. Agency reserves the right at any time to require the submission of the hard copy originals of any documents.

Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R.

1194 Appendix A. To request reasonable accommodation for access, due to a disability, to information related to this document, please contact the Oregon Department of Transportation’s Procurement Office at OPOAdministration@odot.oregon.gov or phone #503-986-2710.

CONSULTANT:

Signature Title Date

DOJ LEGAL REVIEW for ODOT: (Approved by __________________via email dated__________________)

ODOT (Procurement Authority)

Signature Print Name Date https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx https://www.irs.gov/pub/irs-pdf/p1779.pdf mailto:OPOAdministration@odot.state.or.us

Form M001-B073123

EXHIBIT A.

Statement of Work and Delivery Schedule for Construction Contract Administration and Construction Engineering & Inspection (“CA/CEI”)

Construction Project Name: Willamette River: Stormwater Source Control

Improvements Project (the “Project”)

Project Location: Multiple locations in Region 1, Portland Metro Area.

Price Agreement/Contract No.: TBD; WOC No.: TBD; Amendment No.: N/A Key No.:22552

Name:

Address:

Phone:

Email:

Agency’s Project Manager (“APM”) for CA/CEI Phase Jonathan Howoritz 123 NW Flanders St.

503-731-3015 Office 503-979-7084 Cell Jonathan.p.horowitz@odot.oregon.gov

Address:

Phone:

Email:

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

Phone:

Email:

Agency’s Contract Administrator for the WOC Jonathan Horowitz 503-731-3015 Office 503-979-7084 Cell Jonathan.p.horowitz@odot.oregon.gov

Phone:

Email:

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.

mailto:Jonathan.p.horowitz@odot.oregon.gov mailto:Jonathan.p.horowitz@odot.oregon.gov

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-1.3 Structure Cost Data [CONTINGENCY TASK, See CA/CEI SOW Section F]

[RESERVED] 16

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] –

[RESERVED] 17

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, RFIs, and Change Orders Task CE-2.9 Design Modifications [RESERVED] 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”) Task CE 3.1.2 Riparian Site Restoration Regulatory Monitoring Report [CONTINGENCY TASK, See Section F] [RESERVED] Task CE-3.1.3 Archaeological Monitoring and Report [CONTINGENCY TASK, See Section F]

[RESERVED] 30

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

Task CE-4.1 Coordination, Calculations & Quality Assurance of Construction Contractor’s Survey Work 36 Task CE-4.2 Construction Survey and Staking [RESERVED] Task CE-4.3 Locate, Recover & Reference Monuments [CONTINGENCY TASK, See Section F] Task CE-4.4 Right of Way (“ROW”) Monumentation [CONTINGENCY TASK, See Section F)

[RESERVED] 38

Task CE-4.5 Monumentation Survey Filing Map (SFM) [CONTINGENCY TASK, See Section F]

[RESERVED] 38

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 – [RESERVED]

TASK CE-6 PUBLIC INVOLVEMENT – PUBLIC INFORMATION (Construction Phase) Task CE-6.1 Public Involvement/Communications Plan

Task CE-6.1.1 Public Involvement Kick-off/strategy meeting Task CE-6.1.2 Public Involvement and Communications Plan Task CE-6.1.3 Stakeholder Database and Comment Log Task CE-6.1.4 Construction Meetings [RESERVED]

Task CE-6.2 Communications Materials Task CE-6.2.1 Graphics Task CE-6.2.2 Printed/Written Materials Task CE-6.2.3 Translation of Newsletters/Fact Sheets and Fliers Task CE-6.2.4 Interpretive Services [CONTINGENCY TASK, See CA/CEI SOW Section F] Task CE-6.2.5 Display Boards [RESERVED] Task CE-6.2.6 Website Task CE-6.2.7 Social Media Content [RESERVED] Task CE-6.2.8 Media Releases Task CE-6.2.9 Email Broadcasts and GovDelivery Topic Maintenance Task CE-6.2.10 Advertising and Advertising Plan [RESERVED] Task CE-6.2.11 Project Videos [RESERVED]

Task CE-6.3 Highway User Outreach Task CE-6.3.1 Open House/Public Event [RESERVED]

Task CE-6.3.2 Online Open House [RESERVED] Task CE-6.3.3 Project Area Canvassing Task CE-6.3.4 Small Group Briefings; One-on-One Briefings; and Stakeholder Interviews

[RESERVED]

Task CE-6.3.5 Community Events [RESERVED] Task CE-6.3.6 Community Liaison Services [RESERVED]

Task CE-6.4 Public Contact and Correspondence Task CE-6.4.1 Public Inquiries Task CE-6.4.2 Public Hotline [RESERVED]

Task CE-6.5 Noise Variance Outreach Task CE-6.6 Public Involvement Summary Report

E.2 PROJECT SCHEDULE

1. Project Cooperation

2. Key Persons

3. Staffing Adjustments

4. Task Budget Monitoring

5. Liquidated and Delinquent Debt Owed to State

6. Pay Equity Compliance

H. COMPENSATION

H.1 Non-Contingency Tasks H.2 Payment Options (Except for Fixed Fee on CPFF WOCs - see H.3) H.3 Fixed Fee (for CPFF) [RESERVED] H.4 Total WOC NTE Amount H.5 Invoices H.6 Subcontractors “Paid Summary Report”

ATTACHMENT A – ACRONYMS & DEFINITIONS

ATTACHMENT B - BREAKDOWN OF COSTS FOR SERVICES (BOC)

ATTACHMENT C - DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROVISIONS (No Goal)-

1. ProjectWise Access and General Requirements

2. Correct Use of ProjectWise

3. Responsibility for ProjectWise Functioning

4. Liability

5. Firewall, Virus and Malware

6. Optional ProjectWise Add-on

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES This Exhibit A includes the Construction Contract Administration / Construction Engineering & Inspection (“CA/CEI”) Statement of Work (“SOW”) for 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 predominately involves design and construction of hydraulic and stormwater Source Control Measures (“SCM”) at 5 original sites (3 locations under the Fremont bridge and 2 locations under the St.

John’s bridge) and 12 additional sites along US 30, relevant to the Willamette River: Stormwater Source Control Improvement Project (the “Project”).

Phases of Services: RESERVED

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

MEUR Monthly Employment Utilization Reports

ACPI Asphalt Concrete Pavement Inspector

NFTM Nonfield-Tested Materials https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx

ADA Americans with Disabilities Act of

NTE Not to Exceed

ADAI ADA Inspector (Certified) NTP Notice to Proceed Agency/

ODOT

Oregon Department of Transportation

OECR ODOT Office of Equity and Civil Rights

APM Agency’s Project Manager for CA/CEI Phase

OFW Order for Force Work (formerly SFO – State Force Order)

ATAR Apprenticeship Trainee Approval Requests

OJT On-the-Job Training

BCM ODOT Bridge CAD Manual ORS Oregon Revised Statutes BOLI Bureau of Labor and Industries OSSC Oregon Standard Specifications for

Construction CA Contract Administrator PA Price Agreement CA/CEI Contract Administration/

Construction Engineering and Inspection

Partnering Cooperative Arrangement

CAgT Certified Aggregate Technician PCP Pollution Control Plan CAT-1 Certified Asphalt Technician PE Preliminary Engineering CAT-II Certified Asphalt Technician PE Preliminary Engineering CBCI Certified Bridge Construction

Inspector PI Plan Public Involvement and

Communications Plan CC Construction Contractor PM Consultant’s Project Manager for

CA/CEI Phase CCO Contract Change Order POR Professional of Record CCT Concrete Control Technician PS&E Plans, Specifications and Estimates CDSI Certified Drilled Shaft Inspector PST Pacific Standard Time CDT Certified Density Technician PWP Planting Work Plan CE Construction Engineering PS&E Plans, Specifications and Estimates CEBT Certified Embankment and Base

Technician PST Pacific Standard Time

CECI Certified Environmental Construction Inspector

QA Quality Assurance

CGCI Certified General Construction Inspector

QAC Quality Assurance Coordinator

CMDT Certified Mix Design Technician QA/CA Plan

Quality Assurance & Contract Administration Plan

CPS ODOT’s Contract Payment System QC Quality Control CSTT Concrete Strength Testing

Technician QCT Quality Control Technician

CTSI Certified Traffic Signal Inspector QCCS Quality Control Compliance Specialist

CUF Commercially Useful Function QPL Qualified Products List DBE Disadvantaged Business

Enterprises - RESERVED RAS Region Assurance Specialist https://www.oregon.gov/ODOT/Bridge/Pages/Bridge-Design-Manual.aspx

DEQ Department of Environmental Quality

RCPM Rail Crossing Project Manager

EEO Equal Employment Opportunity RFI Request for Information EDMS ODOT’s Electronic Document

Management System RFP Request for Proposal

EMP Environmental Management Plan ROW Right of Way ESCM Erosion and Sediment Control

Manager SAM System for Award Management

ESCP Erosion and Sediment Control Plan

SFM Survey Filing Map

ESA Endangered Species Act SOW Statement of Work EWO Extra Work Order T&M Time & Materials FAHP Federal-Aid Highway Program TPAR Training Program Approval

Requests FHWA Federal Highway Administration TWMP Temporary Water Management

Plan FTM Field-Tested Materials WCP Work Containment Plan and

System FIR Field Inspection Report WCS Work Containment System IA Independent Assurance WCWP Weed Control Work Plan IGA Intergovernmental Agreement WOC Work Order Contract IQAP Inspection Quality Assurance

Program YDO Your DEQ Online

LPA Local Public Agency LRFD Load and Resistance Factor Design

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.

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

ADA Compliance – Assessment, Design, Inspection 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 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 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 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.

mailto:ODOTeConstruction@odot.oregon.gov

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.

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.

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 training to the Consultant on EDMS

• 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”)

• Providing training to the Consultant on web-based CPS program

• 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

Providing Consultant and CC with necessary survey files 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 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.

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, 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 34 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 15th calendar day of the month following the reporting month.

Task CE-1.3 Structure Cost Data [CONTINGENCY TASK, See CA/CEI SOW Section F] [RESERVED]

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 coordinate with the Professional of Record (“POR”) as required in order for the POR 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 prepare for and lead 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, POR (if applicable), 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:

• Schedule the Pre-Construction Conference in cooperation with CC, APM, POR (if applicable), LAPM (if applicable), and RCPM (if applicable).

• Prepare the Pre-Construction Conference agenda.

• Attend, lead, facilitate 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:

• Pre-Construction Conference Agenda – Distribute 1 electronic copy to each conference attendee, APM, and EDMS 1 week prior to the scheduled conference mailto:CCDRailCrossing@odot.oregon.gov

• Pre-Construction Conference Minutes – Distribute 1 electronic copy to each conference attendee, APM, and EDMS within 1 week after the conference

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

[RESERVED]

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 (“RAS”) per the ODOT Construction Manual, Chapter 12B – Quality, Section 12B-3 and the Office of 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

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.

Note, in accordance with the Disadvantaged Business Enterprise Interim Final Rule (DBE IFR), effective October 3, 2025 and published at 90 Fed Reg 47,969 (2025), modifying the certification, compliance and reporting requirements of the Disadvantaged Business Enterprise program, ODOT’s DBE requirements that were applicable to federally funded projects prior to the 10/03/2025 effective date of the rule are no longer in effect, and the associated DBE contractual requirements have been suspended pending implementation of the DBE IFR. Therefore, to the extent forms identified below include DBE counting or reporting requirements, Consultant shall review such forms for compliance in consideration of the current DBE Program requirements resulting from the DBE IFR implementation.

Consultant shall consult with ODOT to confirm the CC reporting complies with the DBE IFR and ODOT’s current implementation thereof.

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 , CC’s Supplier Agreements, CC’s standard Trucking Agreement template and verify executed Trucking Agreements comply with the approved template.

o Coordinate with OECR to confirm status of Disadvantaged Business Enterprise (“DBE”) Program resulting from the DBE IFR. Review forms for compliance taking into consideration the DBE IFR and ODOT’s implementation thereof, including any suspended reporting and monitoring requirements.

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/HwyConstForms1.shtml http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/HwyConstForms1.shtml

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

o Coordinate with OECR to confirm status of Disadvantaged Business Enterprise (“DBE”) Program resulting from DBE IFR. Review the following forms for compliance taking into consideration the DBE IFR and ODOT’s implementation thereof.

• 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--reporting suspended as of 10/3/2025 per the DBE IFR).

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

• Review and sign DBE Work Plan 3A (form 734-2165A, including DBE trucking identification when applicable (reporting suspended as of 10/3/2025 per the DBE IFR)), Commercially Useful Function (“CUF”, form 734-2165, reporting suspended as of 10/3/2025 per the DBE IFR)), and DBE Trucking CUF reports for all DBE subcontractors (reporting suspended as of 10/3/2025 per the DBE IFR).

o Coordinate with OECR for approval of EEO 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.