00015494 Attachments.pdf

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ATTACHMENT A –SAMPLE AGREEMENT FORM

PROSPECTIVE CONTRACTOR INSTRUCTIONS: Do not submit this document with your Competitive Quote. If you are the successful prospective Contractor, ODOT will fill in the blanks within this form and request your signature, which will represent your agreement to enter into a contract. PLEASE NOTE: There are some terms in this document that you will be agreeing to should you be awarded a contract; for instance, completion dates and liquidated damages. Please make sure you have read and understand this document before you submit a Competitive Quote.

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT FORM

for the project

OR38: Elkton Marked Crosswalk at Edgeview Drive

Contract Number

Resulting from Request for Competitive Quotes No. S-73000-00015494

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

WITNESSETH:

1. Contract Price, Contract Documents and Work.

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

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

Exhibit 1 Technical Specifications

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Exhibit 2 Plans Exhibit 3 Reserved Exhibit 4 General and Supplemental General Conditions Exhibit 5 Contract Closeout Compliance Checklist

ATTACHMENTS INCORPORATED FROM WEBSITES:

This Contract is subject to the Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates and apprenticeship rates (and any applicable amendments) in effect as of the date the Project was first advertised, which while not physically attached, are available in the following publications at the website listed below and incorporated herein by reference with the same force and effect as though fully set forth herein:

BOLI Prevailing Wage Rates for Public Works Contracts, dated July 5, 2025 and as amended October 5, 2025.

PWR Apprenticeship Rates, effective October 5, 2025.

These BOLI wage rates are available at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

The Work will take place in Douglas county, BOLI Region 6.

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

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

Request for Competitive Quotes document Part 3 - Pricing Submittal (as submitted by Contractor with its Competitive Quote) [imbed here]

2. Representatives.

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

Owner’s Authorized Representative (Project Manager):

Name: Blake Howren Position: District 7 Operations, ODOT Crew 3200 Address: 3500 NW Stewart Parkway City state Zip: Roseburg, OR 97470 Cell: 541-315-1943 https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

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Email: Blake.W.Howren@odot.oregon.gov

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

Substantial Completion Date: July 21, 2026 Final Completion Date: September 1, 2026

4. Liquidated Damages.

Failure to achieve Substantial Completion by the time specified above for Substantial Completion will result in damage to OWNER. Since actual damage will be difficult to determine, it is agreed that CONTRACTOR shall pay to OWNER, not as a penalty but as liquidated damages, $300.00 per calendar day for each day elapsed in excess of the Substantial Completion date specified in Section 3 of this Agreement until Substantial Completion is achieved.

5. Certifications.

(a) Reserved

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

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

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

(e) Contractor has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following: (i) A written employee drug testing policy, (ii) Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and (iii) Required testing of a Subject Employee when the Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.

6. Integration.

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

WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THE CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE

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

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

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

CONTRACTOR’S INFORMATION:

NAME & ADDRESS: __

CONTACT INFORMATION: __

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

CONTRACTOR’S ESB #: ___

CONTRACTOR’S AUTHORIZED SIGNATURE:

Title Date

OWNER’S AUTHORIZED SIGNATURE:

Title Date

EXHIBIT A

SPECIAL PROVISONS & SPECIFICATIONS FOR

OR38: ELKTON MARKED CROSSWALK AT EDGEVIEW DR. PROJECT

SCOPE OF WORK TO BE DONE

The Work to be done under this Contract consists of the following located along the Umpqua Highway (OR38), eastbound at Edgeview Dr. near Elkton High School, in Douglas County, OR. The Work includes, but is not limited to, supplying the materials, equipment, labor, and incidentals to perform the following:

1) Provide temporary work zone traffic control.

2) Remove and dispose of existing Surfacings.

3) Construct concrete curb and gutter, sidewalk and curb ramps.

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

PROJECT INFORMATION

General information pertaining to this project may be obtained from the following Project Manager or approved representative:

Blake Howren, District Operations Coordinator Email: Blake.W.HOWREN@odot.oregon.gov

APPLICABLE STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS

2024 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION: The 2024 Oregon Standard Specifications for Construction (Standard Specifications) include detailed technical specifications in Parts 00200 through 03000 inclusive (Technical Specifications) that apply to this ITB and the resulting Contract.

Some sections of the Technical Specifications are identified and modified herein, Specifications. Sections of the Technical Specifications not modified remain applicable to the Contract according to their original terms. Unless they are identified herein, Specifications, sections of the Standard Specifications in Part 00100 (General Conditions) are not applicable to this Contract. Bidders can also access this information at the following Internet address:

2024 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION

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

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

mailto:Blake.W.Howren@ODOT.Oregon.gov https://www.oregon.gov/odot/Business/Specs/2024_STANDARD_SPECIFICATIONS.pdf https://www.oregon.gov/odot/Business/Specs/2024_STANDARD_SPECIFICATIONS.pdf

SECTION 00210 - MOBILIZATION

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

Construction

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

Payment

00210.90 Payment – delete the last sentence in this subsection.

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications modified as follows:

00220.01(b) Abbreviations - Delete this subsection.

• When an abrupt edge is created by excavation, protect traffic according to the "Excavation Abrupt Edge" and the "Typical Abrupt Edge Delineation" configurations shown on the Standard Drawings.

00220.40(e)(1) Closed Lanes - Replace this subsection, except for the subsection number and title, with the following:

Traffic Lanes may be closed on the Umpqua Highway (OR38) when allowed, shown, or directed during the following periods of time except as specified in 00220.40(e)(2):

Single Lane Closures – One Traffic Lane on the Umpqua Highway (OR38) may be closed during the following times:

• Daily, Monday through Friday, between 7:00 a.m. and 6:00 p.m.

One Traffic Lane may be closed on all other adjacent Roadways within the Project Site not listed above, when allowed, shown, or directed during the following periods of time except as specified in 00220.40(e)(2):

• Daily, Monday through Thursday, between 7:00 a.m. and 6:00 p.m.

• Friday, between 7:00 a.m. and 3:00 p.m.

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

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

00221.00 Scope - Add the following:

Provide work zone traffic control measures conforming to The Oregon Department of Transportation’s Temporary Traffic Control Handbook for Operations of Three Days OR Less, December 2011. Copies of this handbook can be accessed via the internet under “Publications” on the Traffic Engineering and Operations Section web site (Highway Division, Oregon Department of Transportation) at:

2011 ODOT TEMPORARY TRAFFIC CONTROL HANDBOOK (OTTCH)

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

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

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

Comply with Section 00222 of the Standard Specifications modified as follows:

• Place a “WAIT FOR FLAGGER” (CR4-23) sign approximately 50 feet in advance of each flagger station, facing incoming pedestrian traffic when a flagger is required to coordinate pedestrian movements. Install the sign on a conical marker or other temporary sign support, as shown or as directed. Do not allow the sign installation height or location to block the visibility of the flagger for incoming Public Traffic.

• Install "ROAD WORK AHEAD" (W20-1-48) signs with a 36 by 24-inch "FINES DOUBLE" (R2-6aP) rider on the Umpqua Highway, according to the "TCD Spacing Table" shown on the Standard Drawings or as modified by the Plans except do not install the "FINES DOUBLE" rider on concrete barrier mounted signs.

• Install beyond each end of the Project, facing outgoing traffic, an "END ROAD WORK" (CG20-2A-24) sign a distance of (A ÷ 2) according to the "TCD Spacing Table" shown on the Standard Drawings or as modified by the Plans.

SECTION 00223 - WORK ZONE TRAFFIC CONTROL LABOR AND VEHICLES

Comply with Section 00223 of the Standard Specifications modified as follows:

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

SECTION 00224 - TEMPORARY TRAFFIC CHANNELIZING DEVICES

Comply with Section 00224 of the Standard Specifications.

SECTION 00228 - TEMPORARY PEDESTRIAN AND BICYCLIST ROUTING

Comply with Section 00228 of the Standard Specifications modified as follows:

00228.13 Temporary Curb Ramps – Replace this subsection, except for the subsection number and title, with the following:

Furnish temporary curb ramps from the QPL or the Conditional Use List; or construct temporary curb ramps on site according to the Standard Drawings. Use ACP, PCC, or other approved Materials for on-site constructed temporary curb ramps. Furnish truncated dome detectable warning surface for temporary curb ramps from the QPL according to Section 00765.

SECTION 00280 - EROSION AND SEDIMENT CONTROL

Comply with Section 00280 of the Standard Specifications.

SECTION 00290 - ENVIRONMENTAL PROTECTION

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

00290.20(c)(2) Clean Fill - Add the following paragraph to the end of this subsection:

Manage all excavated soil that does not meet the definition of clean fill according to Section 00294.

Add the following subsection:

00290.30(a)(7) Water Quality:

• Do not discharge water contaminated by pollutants including sediment, drilling fluids and waste, concrete, grout, or water contained within a work area isolation, into any waters of the State or U.S.

or conveyances draining thereto until it has been treated using Materials such as those listed in

00280.15 or 00280.16 or by pumping to a vegetated upland location. Do not allow Project discharges to increase the concentration of any pollutant in the receiving water to a level that exceeds the limits prescribed by OAR 340-041.

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

00290.51 Protection of Sensitive Cultural Sites - Add the following to the end of this subsection:

An Inadvertent Discovery Plan (IDP) has been developed for this project. The IDP is available from the Engineer.

SECTION 00294 - CONTAMINATED MEDIA

Section 00294, which is not a Standard Specification, is included in this Project by Special Provision.

Description

00294.00 Scope - In addition to the requirements of Section 00290 and the Specifications, this Work consists of the following:

• Excavate, segregate, stockpile, transport, and dispose of Contaminated Soils, Shoulder Soils, and contaminated grubbing materials, as defined by 00294.01, from the following locations:

Contaminated Soil Location Table 00294-1

From Location/Station to

Location/Station

Depth below grade

(feet) Approximate Quantity (cy) Known Contaminants

Southeast corner of intersection at OR38 and Edgeview Drive

0 -1.5’ 20 Lead

Approximate Total Quantity 20 cy Quantity to be reused on Project 0 cy Quantity to be disposed at landfill 34 Tons

• In areas where excavation is not required, leave contaminated Material, Shoulder Soils, and clearing and grubbing Material in place.

The September 12, 2025 ODOT report, titled OR38: Elkton Marked Crosswalk at Edgeview Drive (M25078) Clean Fill Determination (CFD) documenting the contaminated media identified within the Project, is available from the Engineer.

• Prepare a written lead compliance plan for work within contaminated areas of the Project.

00294.01 Definitions:

Contaminated Soil - Soil that does not meet the DEQ definition of "Clean Fill", as defined by OAR 340-093- 0030(18). This Contaminated Soil is a regulated waste, subject to OAR 340-093-0005 through OAR 340- 093-0290. If the grubbing Material has been determined to be contaminated, it will be considered and treated as Contaminated Soil for the purposes of this Section.

Shoulder Soil - Soil outside of the existing Highway Pavement and within Highway Right-of-Way generated during Highway maintenance or construction activities. This definition applies to excess Soil generated to a maximum depth of 1.5 feet below ground surface. This definition does not apply to Soil that is covered by existing impervious surfaces, including but not limited to curbs, sidewalks and parking lots constructed of asphalt or concrete.

ODOT Beneficial Use Determination (ODOT BUD) - The statewide ODOT Beneficial Use Determination (ODOT BUD), approved by DEQ (No. BUD-20181204), outlines a series of pre-approved non-residential reuse options for excess Soil Materials that do not meet DEQ’s Clean Fill Standards in some circumstances.

These options may vary based on project scope and location, and documentation may vary, as directed by the Engineer.

00294.02 Testing of Contaminated Soil (, Shoulder Soil,) and Groundwater - When additional testing of Contaminated Soil or groundwater is required to characterize the Material for reuse, recycle, or disposal, conduct the tests according to 00290.20(c).

Use analytical methods meeting DEQ's Clean Fill Guidance Screening Levels for each analyte.

Contaminated Soil (, Shoulder Soil,) and groundwater sampling must be conducted by an Oregon Registered Geologist or Professional Engineer who has experience characterizing contaminated media.

00294.03 Submittals - Submit the following documents:

• A Project-specific written lead compliance plan, meeting the project applicable requirements of 29 CFR 1926.62(e)(2), at least 10 Calendar Days before the pre-construction conference. When applicable, include compliance procedures for cadmium and chromium VI, according to 29 CFR

1926.1127 and 29 CFR 1926.1126.

• Modifications to the written lead compliance plan that are requested by the Engineer within 7 Calendar Days of the request.

• Current employee training certificates and medical surveillance information before beginning Work within the contaminated areas.

Submit the following documents within 48 hours of removal of contaminated media:

• Permits, permit applications, and documentation of compliance.

• All reuse, recycled, and disposal receipts.

• Final quantities of Soil reused, recycled, and disposed and their final location.

• All analytical test results.

Labor

00294.30 Personnel Qualifications - Provide employees meeting the following requirements:

• For removal of Contaminated Soil and Shoulder Soil, provide employees trained in:

• Lead awareness according to 29 CFR 1926.62(l).

• Chromium according to 29 CFR 1926.1126(j)(2).

• Cadmium according to 29 CFR 1926.1127(m)(4).

00294.40 Contaminated Soil Excavation (and Shoulder Soil) - Excavate and handle Contaminated Soil (or Shoulder Soil) from Project excavations according to the following:

• Notify the Engineer 3 Calendar Days before beginning excavation activities within contaminated areas.

• Allow the Agency to collect Soil samples during excavation activities if necessary.

• Load Contaminated Soil or Shoulder Soil directly into trucks and transport directly to the recycling or disposal facility, or on-site reuse areas or, when approved by the Engineer, temporarily store Contaminated Soil or Shoulder Soil on-site.

• Remove contaminated media from the exterior of all vehicles before they leave the Project Site

• Cover trucks transporting contaminated materials to prevent spillage during transit to the disposal facility according to OAR 340-093-0220.

• Where over excavation is required, backfill the excavation according to 00330.42.

00294.41 Contaminated and Shoulder Soil Soil Management - Reuse, recycle, or dispose of Contaminated Soil and Shoulder Soil according to any of the following:

(a) Landfill Disposal:

• Obtain the Engineer's approval of the disposal facility before disposing of the Contaminated Soil.

• Transport the Contaminated Soil (or Shoulder Soil) to a DEQ permitted municipal solid waste landfill or a permitted construction and demolition landfill for disposal. Dispose of temporarily stored Contaminated Soils (or Shoulder Soil) within 30 Days of beginning excavation work or before Second Notification, whichever occurs first.

• Complete and sign all manifests and bill-of-lading forms for handling, loading, transporting, and disposing of the Contaminated Soil (and Shoulder Soil).

• Pay all filing and permit fees.

(b) Recycling:

• Obtain the Engineer's approval of the recycling facility before disposing of the Contaminated Soil.

• Transport Contaminated Soil to a DEQ permitted recycling facility or asphalt batch plant. Recycle temporarily stored Contaminated Soils within 30 Days of beginning excavation or before Second Notification, whichever occurs first.

• Complete and sign all manifests and bill-of-Lading forms for handling, loading, transporting, and recycling the Contaminated Soil.

(c) Reuse On-Site:

• Temporarily stockpile the Contaminated Soil or Shoulder Soil from Table 00294-1.

• Reuse the Contaminated Soil or Shoulder Soil on the Project between Station on ODOT ROW as directed by the Engineer.

• Within 30 Calendar Days of completing on-site reuse or before Second Notification, whichever occurs first, transport all Contaminated Soil or Shoulder Soil that is not reused on the Project to a DEQ permitted municipal solid waste landfill or a permitted construction and demolition landfill (or a permitted recycling facility).

Measurement

00294.80 Measurement - Work performed under this Section will be measured according to the following:

No measurement of quantities will be made for the following:

• Lead compliance plan.

The quantities of Contaminated Soil (or Shoulder Soil) disposed will be measured on the weight basis, based on weigh tickets from the recycling or disposal facility.

Clearing and grubbing will be measured according to 00320.80.

00294.90 Payment - The accepted quantities of Work performed under this Section will be paid for at the Contract unit price, per unit of measurement, for the following items:

Pay Item Unit of Measurement

(b) Lead Compliance Plan.............................................. Lump Sum

(e) Contaminated Soil Disposal ........................................... Ton

Item (e) includes all costs involved with the disposal of Contaminated Soil (or Shoulder Soil) at a recycling or disposal facility.

No separate or additional payment will be made for the excavation or reuse of Contaminated Soil or contaminated Shoulder Soil. Payment will be included in payment made for the appropriate items under which the excavation or reuse of Contaminated Soils or contaminated Shoulder Soil is required.

Clearing and grubbing will be paid for according to 00320.90.

Payment will be payment in full for removing and disposing of all Materials, and for furnishing all Equipment, labor, Plans, test results, and Incidentals necessary to complete the Work as specified.

SECTION 00305 - CONSTRUCTION SURVEY WORK

Comply with Section 00305 of the Standard Specifications.

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS

Comply with Section 00310 of the Standard Specifications.

SECTION 00440 - COMMERCIAL GRADE CONCRETE

Comply with Section 00440 of the Standard Specifications.

SECTION 00640 - AGGREGATE BASE AND SHOULDERS

Comply with Section 00640 of the Standard Specifications.

SECTION 00740 - COMMERCIAL ASPHALT CONCRETE PAVEMENT (CACP)

Comply with Section 00740 of the Standard Specifications.

SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES

Comply with Section 00759 of the Standard Specifications modified as follows:

00759.02 Definitions – Delete this subsection.

00759.11 Aggregate Base - Replace this subsection, except for the subsection number and title, with the following:

Furnish Aggregate Base Materials for Base, foundation courses, Leveling courses, or bedding meeting the requirements of 00640.10 or dense graded Base Aggregate in 00641.10 as appropriate and included in the Special Provisions.

00759.12 Curb Ramp Treatment - Delete this subsection.

00759.22(a) Qualified Smart Levels – Replace this subsection, except for the subsection number and title, with the following:

Slopes will be measured with the use of a 24 inch SmartTool level model 92379 or model 92500, and a 6 inch SmartTool level model 92346 or 92510.

00759.42 Foundations - Replace this subsection with the following subsection:

00759.42 Aggregate Base - Before placing concrete, prepare underlying Aggregate Base surfaces according to Section 00641.

00759.50(a) General - Replace the paragraph that begins “Install truncated domes…” with the following paragraph:

Construct tactile surface indicators according to Section 00765 to the slopes, lines, grades, and dimensions as shown or established.

00759.51 Curing - Add the following paragraph to the end of this subsection:

Concrete Structures may be opened to Public Traffic before 7 Calendar Days if the concrete has reached a minimum compressive strength of 2,000 psi as verified by the rebound number determined according to ASTM C805. Test at locations as directed.

00759.80 Measurement - Replace the bullet that begins “Each Basis…” with the following bullet:

• Each Basis - Measurement will be by actual count.

00759.90 Payment - Delete Pay Items (k), (l) and (m) from the Pay Item list.

Delete the paragraph that begins “Item (k) includes…”.

Delete the paragraph that begins “Item (l) includes…”.

Delete the paragraph that begins “Item (m) includes…”.

Add the following paragraph before the paragraph that begins "No separate or additional payment…":

Tactile surface indicators will be paid for according to Section 00765.

In the paragraph that begins "No separate or additional payment…", add the following bullet to the end of the bullet list:

• The additional Work required to construct a curb ramp or replace an existing curb ramp, including any corrective action.

Replace the paragraph that begins "When earthwork is included as separate Pay …" with the following paragraph:

When earthwork is included as separate Pay Items under Section 00330, payment will be made according to 00330.90 through 00330.94 as appropriate and only for locations where earthwork quantities are shown.

No separate or additional payment will be made for earthwork under Section 00330 where earthwork quantities are not shown.

SECTION 00765- TACTILE SURFACE INDICATORS

Section 00765, which is not a Standard Specification, is included in this Project by Special Provision.

Description

00765.00 Scope - This Work consists of furnishing, placing, and installation of tactile surface indicators , systems, or devices on pedestrian facilities according to the slopes, lines, grades, and dimensions shown or established in Section 00749 or Section 00759 as applicable.

Material

00765.10 Tactile Surface Treatment - Furnish truncated dome detectable warning surfaces for curb ramps, shared use paths, transit stops, rail crossings and accessible route islands as shown from the QPL.

Furnish truncated dome detectable warning surfaces that are safety yellow in color on or along State Highways.

For temporary installations furnish approved securement mechanisms or surface adhesives to withstand the duration of the temporary installation.

00765.11 Detectable Guide Strips - Furnish surface applied or liquid applied detectable guide strips. Use only adhesives recommended or supplied by the manufacturer. Furnish slip-resistant detectable guide strips from the following list of pre-approved products:

Manufacturer Material

Vanguard ADA Systems Liquid Applied GuideStrip / TWSI 18122 SR9 Suite F Color: Blue Snohomish, WA 98296 Phone: (360) 668-5700

00765.12 Tactile Warning Devices – Furnish tactile warning devices as shown or specified.

Labor

00765.30 Personnel Qualifications - Use supervisory personnel who have an active ODOT ADA Certification for Contractors to directly supervise the curb ramp treatment Work. Provide onsite supervisory personnel that are ODOT ADA Certified during the construction and installation of the curb ramp treatment.

00765.40 Substrate Preparation - Bring areas where the tactile surface indicators are to be installed to the established slopes, lines, grades and dimensions, and make free of all Unsuitable Material or voids before installing, applying adhesives, or securing to the underlying substrate. Clean existing surfaces of debris and voids prior to installation.

00765.41 General - During installation do not allow the top and face of the tactile surface indicators to have lips, humps, sags or other irregularities.

Install manufacturer securement mechanism, or adhesives recommended or supplied by the manufacturer for permanent installations.

(a) Truncated Dome Warning Surface - Install detectable truncated dome warning surfaces as shown.

Place according to the manufacturer’s recommendations. Install abutting truncated dome panels with no more than 1/4 inch spacing. Install anchors along cut edges of truncated dome panels according to manufacturer’s recommendations. Seal all cut tiles according to the manufacture instructions or as directed with a flush edge free from vertical discontinuities.

Install surface applied detectable truncated dome warning surfaces on clean and dry concrete surfaces.

After placement of wet set detectable truncated dome warning surface panel, remove uncured concrete from the surface of the panel.

(b) Detectable Guide Strip - Install detectable guide strips as shown. Place according to the manufacturer's recommendation. Place abutting panels within 1/4-inch of each other and install anchors, as specified by manufacturers, along cut edge. Miter adjacent panels at locations where detectable guide strips change direction. Install detectable guide strips on clean and dry concrete surfaces.

(c) Tactile Warning Device - Install tactile warning devices as shown. Place according to the manufacturer's recommendation.

00765.42 Liquid-Applied - Protect liquid applied detectable truncated dome warning surfaces and detectable guide strips after placing and finishing according to manufacturer’s instructions.

Measurement

00765.80 Measurement - The quantities of Work performed under this Section will be measured according to the following:

(a) Area Basis - Measurement will be the finished surface, limited to the Neat Lines shown or directed.

(b) Length Basis - Measurement will be along the centerline of the device from end to end as shown or directed.

00765.90 Payment - The accepted quantities of Work performed under this Section will be paid for at the Contract unit price, per unit of measurement, for the following items:

(a) Truncated Domes on New Surfaces, _____ ............ Square Foot

(b) Truncated Domes on Existing Surfaces, _____ ...... Square Foot

(c) Detectable Guide Strip, Blue ................................... Square Foot

(d) Tactile Warning Device ................................................. Foot

In items (a) and (b), the type of installation will be inserted in the blank.

Item (a) includes installation of truncated domes on a new concrete or asphalt surface. Installation of truncated domes is not considered complete until Work that they are a part of is also complete and accepted according to Section 00749 or Section 00759, as applicable.

Item (b) includes installation of truncated domes on an existing concrete or asphalt surface.

Item (c) includes installation of blue detectable guide strips on concrete or asphalt surface. Installation of detectable guide strips is not considered complete until Work that they are a part of is also complete and accepted according to Section 00749 or Section 00759, as applicable.

Item (d) includes installation of tactile warning device on concrete or asphalt surface.

Payment will be payment in full for furnishing and installation of all Materials, and for furnishing all Equipment, labor, and Incidentals necessary to complete the Work as specified.

No separate or additional payment will be made for any repair or replacement of tactile surface indicators associated with repair or replacement Work in other Sections.

SECTION 02030 – SUPPLEMENTARY CEMENTITIOUS MATERIALS

Comply with Section 02030 of the Standard Specifications modified as follows:

002030.15 Natural Pozzolans - Replace this subsection, except for the subsection number and title, with the following:

Furnish Class N natural pozzolans from the QPL and conforming to AASHTO M 295 or ASTM C1945.

Add the following subsection:

02030.55 Ground Glass Pozzolan - Furnish ground glass pozzolans meeting the requirements of ASTM C1866 Type GS.

SECTION 02050 – CURING MATERIALS

Comply with Section 02050 of the Standard Specifications modified as follows:

02050.10 Liquid Compounds – Replace the paragraph that begins “Furnish liquid membrane-forming curing …” with the following:

Furnish liquid membrane-forming curing compounds from the QPL and meeting the requirements of ASTM C309. Before use, submit two, one quart samples from each lot for testing. Samples will be tested according to ODOT TM 721. Samples are not required for curing compounds used on Commercial Grade Concrete.

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Exhibit 2

PLANS

OR38: Elkton Marked Crosswalk at Edgeview Drive Not physically attached. As posted on OregonBuys

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Exhibit 3 Reserved

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Exhibit 4

GENERAL CONDITIONS AND SUPPLEMENTAL GENERAL CONDITIONS

This Request for Competitive Quotes and the resulting Contract for the OR38: Elkton Marked Crosswalk at Edgeview Drive are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, January 1, 2012 Edition (“General Conditions”) which, although not physically attached, is incorporated herein by reference as an Attachment with the same force and effect as though fully set forth herein:

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

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

SGC-1 Add the following definitions to A.1:

ON-SITE WORK, means any Work taking place on the Project Site, including designated staging areas adjacent to the Project Site, except for installation of covered temporary signs according to Section 00222 of the Standard Specifications.

PROJECT SITE, means the geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas.

SGC-2 Add the following after A.3.4 under INTERPRETATION OF CONTRACT DOCUMENTS

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

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

SGC-3 Add the following after Section A.7 GOVERNMENT EMPLOYMENT STATUS:

A.8 TITLE VI NON-DISCRIMINATION PROVISIONS

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

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

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

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

d. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by ODOT, FHWA or the Federal Transit Administration (“FTA”) as appropriate, to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to ODOT, FHWA or FTA as appropriate, and shall set forth what efforts it has made to obtain the information.

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

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e. Sanctions for Noncompliance: In the event of Contractor’s noncompliance with the nondiscrimination provisions of the Contract, ODOT shall impose such Contract sanctions as ODOT, FHWA or FTA may determine to be appropriate, including, but not limited to:

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

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

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

SGC-4 Make the following revisions to Section B.5 COMPLIANCE WITH GOVERNMENT LAWS AND REGULATIONS:

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

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

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

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

• Add the following Section B.5.2(c):

(c) Compliance with ORS 279C.520 also includes (i) As required by ORS 279C.520, the Contractor must comply with ORS 652.220 and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. The Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause,

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

• Add the following Section B.5.2(d):

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

SGC-5 Delete Section B.15 GOVERNING LAW in its entirety and replace with the following:

B.15 GOVERNING LAW. This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Oregon without regard to principles of conflicts of laws.

SGC-6 Add the following after Section D.3 CLAIMS REVIEW PROCESS

D.4 FALSE CLAIMS (OREGON FALSE CLAIMS ACT)

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

D.4.2. Contractor shall immediately disclose (in writing) to Agency whenever, in connection with the award, performance or closeout of the Contract, or any subcontract thereunder, Contractor has credible evidence that a principal, employee, agent, or subcontractor of Contractor has committed— http://www.leg.state.or.us/ors/180.html

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

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

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

SGC-7 Section E.5 RETAINAGE is deleted in its entirety and replaced with the following:

E.5 RETAINAGE

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

E.5.1.1 Owner reserves the right in its sole discretion to not withhold retainage from progress payments or to begin withholding retainage at any time. If Owner withholds retainage from progress payments the amount to be retained will not exceed five percent of the payment. As Work progresses, Owner may reduce the amount of the retainage and may eliminate retainage on any remaining monthly Contract payments after 50 percent of the Work under the Contract is completed if, in the Owner's opinion, such Work is progressing satisfactorily. Elimination or reduction of retainage shall be allowed only upon written application by the Contractor, which application shall include written approval of Contractor's surety; except that when the Work is 97-1/2 percent completed the Owner may, at its discretion and without application by the Contractor, reduce the retained amount to 100 percent of the value of the Work remaining to be done. Upon receipt of written application by the Contractor, Owner shall respond in writing within a reasonable time.

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

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

(a) to be paid amounts which would otherwise have been retained from progress payments where Contractor has deposited acceptable bonds, securities or other instruments of equal value with Owner or in a custodial account or other mutually-agreed account satisfactory to Owner, with an approved bank or trust company to be held in lieu of the cash retainage for the benefit of Owner. Interest or earnings on the bonds, securities or other instruments shall accrue to the Contractor. The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities and other instruments as the Owner may require to protect its interests. To be permissible the bonds, securities and other instruments must be of a character approved by the Director of the Oregon Department of Administrative Services, including but not limited to:

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

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

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

(iv) Indebtedness of the Federal National Mortgage Association.

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

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

(b) that the Contractor be allowed, with the approval of the Owner, to deposit a surety bond for the benefit of Owner, in a form acceptable to Owner, in lieu of all or a portion of funds retained, or to be retained. Such bond and any proceeds therefrom shall be made subject to all claims and liens in the manner and priority as set forth for retainage under ORS 279C.550 to ORS 279C.625.

Where the Owner has accepted the Contractor's election of option (a) or (b) above, or an interest-bearing account under ORS 279C.560(5) for a contract of $500,000 or less, Owner may recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment.