Form M001-B100621

EXHIBIT A.1 -

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

Construction Project Name:

Northwest Oregon pedestrian crossing enhancements (2027) (the “Project”) Project Location: .

Price Agreement/Contract No.: ; WOC No.: ; Amendment No.:

Key No.:

[The following table applies only to WOCs and WOC amendments. Delete table if using this SOW template in a project-specific contract because contact information is already included in contract Exhibit J.]

Name:

Address:

Phone:

Fax:

Email:

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

Address:

Fax:

Email:

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

______@_____.com

Email:

Agency’s Contract Administrator for the WOC

Name:

Phone:

Email:

Alternate Contact for Consultant [this information is optional]

1. General instructions for CA/CEI SOW (“SOW”) template use. This template includes standardized language approved by the Construction Section - Contract Administration Unit and DOJ. Adherence to these instructions is required to expedite review and approval of your Contract, PA, WOC or amendment.

a. Use Track Changes when editing:

· Insert the unedited CA/CEI SOW into the Contract, PA, WOC or amendment (per 1.b below) before making any edits. After the CA/CEI SOW is inserted, turn Track Changes on and leave all Track Changes showing for any needed reviews.

b. Inserting the CA/CEI SOW template into WOC or PSK documents:

· For WOCs, copy entire CA/CEI SOW starting with the heading on page 1 through the very end of template and paste into WOC (or WOC amendment) overwriting the “Exhibit A” heading through the end of Exhibit A - section F. Leave in the WOC the applicable attachment language for BOC and DBE provisions.

· For Contracts or PAs, copy CA/CEI SOW starting with the heading on page 1 through the end of section F and paste into the Contract or PA (or amendment) overwriting everything in Exhibit A.

c. Task (and sub-task) numbering is standardized. Do not change task numbers when deleting unneeded tasks. If tasks or subtasks are not applicable to the project, delete the provisions of the task, subtask or section. Leave the heading and the number/letter formatting assigned to the heading, followed by “RESERVED”.

2. Conditional legal sufficiency review exemption: As of 11/3/16, DOJ has approved a conditional class exemption from legal review for Contracts, PAs, WOCs and amendments using the current version of the CA/CEI SOW template. The basic requirements and limitations of the exemption are set forth in the instructions below. If other services totaling more than $150K (or the then current threshold for DOJ review) are included, DOJ review and approval will be required according to the generally applicable DOJ legal sufficiency review requirements in OAR 137-045-0030 and OAR 137-045-0050.

3. Instructions, conditions and limitations for the class exemption from legal sufficiency review:

a. Use only the current approved template for CA/CEI SOW available at the following Internet site: https://www.oregon.gov/ODOT/CS/OPO/pages/sow.aspx. The version date is shown in the form number (date code is last 6 digits) at the top of page 1. Do not use versions stored in your personal folders, project files or email attachments.

b. Only the current RFP, PA, WOC, Contract and amendment forms approved for use by DOJ may be used, and they must be without revision (except for blue highlighted areas and as provided in the DOJ approved instructions applicable to specific provisions of the template) under this class exemption for the CA/CEI SOW. The instructions in the CA/CEI SOW cannot be changed without prior DOJ review and approval.

c. What types of changes to the CA/CEI SOW are allowed and when do additions, deletions or revisions require review and approval by the Construction Section - Contract Administration Unit, DOJ or both?

i. Text/fields with blue highlight should be reviewed and revised with project-specific information or deleted if specific items are not applicable. Provisions with yellow-highlighted instructions allowing for deletions if not applicable should be reviewed and deleted if not applicable to the Project. Such revisions are generally allowed under the exemption without the Construction Section - Contract Administration Unit and DOJ review, provided substantive task language is not added.

ii. Deleting non-applicable tasks - Tasks or Contingency Tasks with instructions to delete if not applicable to the project may be deleted without Construction Section - Contract Administration Unit and DOJ review if not applicable to the project.

iii. Deleting required tasks- Tasks with instructions stating “must be included without any additions, deletions or revisions” (including those that also say “except as noted below”) are normally required. They may be deleted in whole or in part, but only to the extent such deletions do not alter ODOT’s intent or expectations or change or eliminate intended or necessary elements of the task or the overall Services. Deletions of required tasks in whole or in part will require review and approval of the CA/CEI SOW by the Construction Section - Contract Administration Unit prior to submission to OPO.

iv. For additions, deletions or revisions outside of blue-highlighted areas or outside of areas allowing for changes with specific instructions saying “as noted below”, or changes that exceed what is permitted by the instructions for the foregoing areas:

· The CA/CEI SOW must be approved by the Construction Section - Contract Administration Unit prior to submission to OPO (regardless of the task costs) email CACEI@odot.state.or.us; and

· The CA/CEI SOW and WOC/contract/amendment must be reviewed and approved by DOJ prior to execution if the total cumulative cost for all such revisions or additions exceeds $150,000 per BOC estimate for the revised or added tasks. If the total cumulative cost for such changes does not exceed $150,000, ODOT must promptly send the CA/CEI SOW (and the corresponding WOC, Contract or amendment) with those changes showing as Track-Changes to DOJ (with cc to OPO’s Technical Development Coordinator, Kim Rice) for review following execution of the WOC, Contract or amendment. When submitting such changes, include a request that the CA/CEI changes be approved for future general use as permissible additions or modifications to the templated CA/CEI SOW, or explain that the changes were intended only for the one-time use.

v. Examples of changes that are either within or outside of the DOJ exemption and Construction Section - Contract Administration Unit review:

· The original WOC/contract included $243,000 for preliminary engineering and design services which received DOJ review. The current amendment adds $160,000 for CA/CEI Services. CA/CEI task 2.7 is normally required but is deleted in its entirety (and all other revisions are for project-specific information in blue-highlighted areas). This amendment would require Construction Section - Contract Administration Unit review and approval prior to submission to OPO, but would not trigger DOJ review (see instruction 3.c.iii above).

· The WOC/contract is for $215,000 in CA/CEI Services. CA/CEI task 2.7 shows a cost of $110,000 in the BOC and this is the only task revised outside of the blue-highlighted areas or areas with instructions allowing for revision. This would require Construction Section - Contract Administration Unit review and approval prior to submission to OPO but would not require DOJ review (see instruction 3.c.iv) until after execution because the non-exempt task revisions are less than $150,000.

· Tasks 2.3 and 2.7 are revised outside of areas allowed for revision and a new task was added at 4.6. Per the BOC, the estimated cost of task 2.3 is $43,000, task 2.7 is $66,000 and task 4.6 is $51,000. These CA/CEI SOW changes would require the Construction Section - Contract Administration Unit review and approval prior to submission to OPO because a task was added and there are changes to tasks outside of areas where revisions are allowed (see instruction 3.c.iv). The revisions would also require DOJ review and approval prior to execution because the aggregate cost of the revised tasks revised combined with the added task is above $150,000.

· The original WOC was for $141,000 in design Services and was not reviewed by DOJ. Now the WOC is being amended to add $32,000 for CA/CEI Services. Two of the CA/CEI tasks, with a combined estimated cost of $11,000, were revised outside of areas where revisions are allowed. This would require Construction Section - Contract Administration Unit review and approval of CA/CEI task revisions prior to submission to OPO. The original WOC and any amendments, including the current amendment for CA/CEI Services, must also go to DOJ for review and approval prior to execution of the amendment because the total amount for non-exempt tasks is $152,000.

Table of Contents [Leave the TOC in final CA/CEI SOW. Prior to executing contract/WOC, right-click in TOC, select “Update Field”, then “Update entire table”]

[Include the following paragraph without revision.]

A. PROJECT DESCRIPTION AND OVERVIEW OF SERVICES

This Exhibit A.1 includes the statement of work for CA/CEI Services (CA/CEI SOW) required for the Project. The delivery schedule is provided in the “Deliverables and Schedule” section of each task in section E.2.

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

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 [Provide in this Section Project-specific information to outline the general scope of the construction Project. If the CA/CEI Services is a new WOC or Contract, enter a Project description and background information. If the CA/CEI Services are being added as an amendment and the background is unchanged {as it normally should be}, just leave this section blank except for a note that says “The background for the Project is unchanged”.] to increase pedestrian safety on US-101 in Tillamook and Lincoln Beach. Enhancements will include a mix of signs with flashing lights, intersection lighting and median islands and upgrading to ADA compliant curbs.Phases of Services [Leave this language in if adding CA/CEI as an amendment. Otherwise delete this “Phases of Services” language.] The Services are divided into the following 1 phases:

(If this is an amendment, list any previous Preliminary Engineering (PE) phases of the Services for the Project completed under this WOC/Contract.)

· CA/CEI

Definitions and Acronyms [Include the following without additions, deletions or revisions.]

DEFINED TERMS

ACRONYMS

B. STANDARDS and GENERAL REQUIREMENTS [Subsections 1 thru 4 must be included without any additions, deletions or revisions except as noted in subsection 4.]

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, and the PA or Contract.

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

ADA Compliance – Assessment, Design, Inspection. 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:

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, at Project completion, Consultant shall complete the applicable ramp-specific ODOT Curb Ramp Inspection Form734-5020(A-G) 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 standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Forms and instructions are available at the following address: https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx 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”) in order to determine whether the Project is constructed in compliance with the construction contract documents and any applicable current standards and Agency manuals or procedures, including but not limited to those listed in the PA or 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.

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 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.state.or.us . 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 in section 00170.08 of the Oregon Standard Specifications for Construction, 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 Master list within the EDMS for the Project, will provide the form numbers, document title, drawer submitted to, and draw published to information. Formats for the document control system shall be discussed at the initial meeting between Agency and Consultant pertaining to the CA/CEI Services.

The CC for the Project will be determined through the competitive bidding or proposal process. When the CC has been determined, Consultant shall establish appropriate contacts with that firm prior to the Pre-Construction Conference.

4. Roles and Responsibilities Agency The APM is Agency’s primary point of contact for 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”), Extra Work Orders (“EWO”) and State Force Orders (“SFO”)] prepared by Consultant are subject to Agency review and approval prior to implementation by the CC. Authority to approve all CCOs, EWOs and SFOs shall be as outlined in the ODOT Construction Manual, Chapter 3 - Delegated Authority and in Delegation Letters.

Agency is responsible for the following:

[The following must be included without any additions, deletions or revisions except as noted below.]

· 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 Consultant on EDMS

· Providing survey handoff package to CC [Delete if not applicable.]

· Approving construction CCOs, EWOs and SFOs

· 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 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 [Do NOT delete this item without written approval from the ODOT Structure Services Engineer. No separate task for fabrication inspection services will be allowed.]

· Reviewing Working Drawings, shop drawings, other submittals, and RFI’s related to Agency designed work that requires Agency POR review and approval [Delete if Consultant is POR and will be responsible for this task.]

· Providing Consultant and CC with necessary survey files [Delete if Consultant will be responsible for this task.]

· Design modifications, as required [Delete if Consultant will be responsible for this task.] Consultant:

[The following must be included without any additions, deletions or revisions.]

· 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 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 [The following must be included without any additions, deletions or revisions with the exception of the blue highlighted field.]

· 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 make revisions 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

[The following must be included without any additions, deletions or revisions.]

· 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 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 actually 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. Construction related forms referenced in this CA/CEI SOW are available within the ODOT EDMS or on line at: https://www.oregon.gov/ODOT/Construction/Pages/Forms.aspx

· 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 [The following paragraph must be included without any additions, deletions or revisions.] 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

[The following paragraph and task CE 1.1 and 1.2 must be included without any additions, deletions or revisions.] 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 with regard to 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:

· On-going 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 prepare up to _10_ 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. [Note: T&M is the industry standard for CA/CEI services.]

· 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 Monthly Status Report. Consultant shall submit the Monthly Status Reports to APM with the monthly Consultant invoice.

[Invoice Preparation - shall not be listed as a task and/or deliverable (and shall not include costs in BOC) unless ODOT has on file a signed Certification of Invoicing and ODC Billing Practices from the Consultant that indicates invoice preparation is charged to each project and is not included in the firm’s overhead. Firm’s approved for invoice prep charges are identified in the Billing Rate Share Drive maintained by OPO. The invoice limitation does not apply to project status reports, which are a required deliverable to be submitted with monthly invoices.] Deliverables and Schedule:

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

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

Agency will prepare structure cost data sheets for the structure(s) and enter cost data on Agency’s computers. Agency’s Bridge Program System Analyst may contact Consultant for reviews or clarifications of structure cost data if needed.

Consultant shall provide any or all of the following if requested by Agency:

· Review of structure cost data sheets (sent via email to Consultant)

· Clarifications of structure cost information as requested by Agency via phone or email Deliverables and Schedule:

· Reviews of structure cost data sheets (if requested by Agency); within 3 business days

· Clarifications and responses to questions regarding cost data (upon request by Agency) TASK CE-2 CONSTRUCTION CONTRACT ADMINISTRATION/CONSTRUCTION ENGINEERING and INSPECTION (CA/CEI) [The following must be included without any additions, deletions or revisions.] Consultant shall support the Project’s needs by providing CA/CEI Services required for the Consultant to certify, at Second Notification and Third Notification that the Project was completed according to the Plans and Specifications for the Project. Consultant shall engage the Professional of Record (“POR”) as required to provide engineering Services required to administer design changes that may become necessary during the construction phase of the work.

Task CE-2.1 Pre-Construction Conference [The following must be included without any additions, deletions or revisions except as noted.] Consultant shall prepare for and lead the Pre-Construction Conference as referenced in the Specifications in 00180.42, and the ODOT Construction Manual, Chapter 11 – Before On-Site Work Begins. Attendees will include the CC, APM, LAPM, permitting agencies, local officials and others as may be appropriate to discuss the construction schedule, utility involvement, permit concerns, required documentation submittals, materials, and other items relevant to the construction of the Project.

Consultant shall consult with the CC, LAPM (if applicable), and the APM 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 and APM (and LAPM, if applicable). [Delete if Consultant role is only is to “attend” the pre-construction meeting.]

· Prepare and distribute the Pre-Construction Conference agenda and minutes. [Delete if Consultant role is only to “attend” the pre-construction meeting.]

· Attend, lead, facilitate and participate in Pre-Construction Conference. [Delete if Consultant is role only to “attend” the pre-construction meeting.] Deliverables and Schedule:

· Pre-Construction Conference Agenda – 1 electronic copy to each conference attendee, APM, and EDMS 1 week prior to the scheduled conference [Delete if Consultant role is only to “attend” the pre-construction meeting.]

· Pre-Construction Conference Minutes – 1 electronic copy to each conference attendee, APM, and EDMS within 1 week after the conference [Delete if Consultant is role is only to “attend” the pre-construction meeting.] Task CE-2.2 Cooperative Arrangement (Partnering) [CONTINGENCY TASK, See Section F] [Use this task 2.2 without any additions, deletions or revisions, except blue highlighted fields, only if the construction contract gives the CC the option to request a formal “partnering” session for the Project according to the Specifications in 00150.05.] If requested by the CC or Agency, Consultant shall work with the CC, the APM and the Agency’s Partnering Consultant as needed to schedule a formal Cooperative Arrangement (Partnering) session at an agreed upon time prior to the Pre-Construction Conference.

Consultant shall:

· Schedule the Cooperative Arrangement session.

· Work with Agency’s Partnering Consultant to build agenda.

· Attend and participate in the Cooperative Arrangement session.

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

Deliverables and Schedule:

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

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

Task CE-2.3 Quality Assurance & Contract Administration Plan [The following must be included without any additions, deletions or revisions except blue highlighted fields.] Consultant shall prepare a Quality Assurance & Contract Administration Plan (“QA/CA Plan”) for the CA/CEI Services for the Project, using Agency form 734-2857 (as may be amended from time to time by Agency) which is available electronically within the EDMS for the Project or on the following website: https://www.oregon.gov/ODOT/Construction/Pages/Forms.aspx.

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

Consultant shall prepare 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 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:

· Draft QA/CA Plan (form 734-2857) - Submit to APM and EDMS no later than 5 business days following the date of NTP for CA/CEI phase.

· Final QA/CA Plan (form 734-2857) - Submit 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 to APM and EDMS within 5 business days of changes that require the update.

Task CE-2.4 Construction Contract Administration [The following must be included without any additions, deletions or revisions.] Consultant shall provide day-to-day administration of the construction contract. Consultant shall complete contract administration tasks as outlined in the ODOT Construction Manual, the Manual of Field Test Procedures, the Non-Field-Tested Materials Accepted Guide, the ODOT Inspector’s Manual, QCCS Handbook, 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(b), and the Office of Civil Rights (“OCR”) per 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. Final documentation reviews by the RAS and OCR Field Coordinator will be performed as directed in the ODOT Construction Manual.

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

· Issue First Notification when on-site construction work begins.

· Monitor overall budget and costs included in the Project Construction Authorization as outlined in 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 as outlined in the ODOT Construction Manual, Chapter 13 – Contract Time.

· Review Contractor’s Request for Subcontract Consent (form 734-1964), prepare the PM’s Report on Contractor’s Request for Subcontract Consent as outlined in the ODOT Construction Manual, Chapter 14 – Subcontracts, and review and approve CC’s request for rental of operated equipment as outlined in Chapter 14 – Subcontracts.

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

· 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.

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

· Perform owner-operator checks.

· Request revised or corrected certified payroll reports and proof of wage payments as needed.

· Conduct interviews of CC’s and subcontractors’ employees at least once every six months.

· Prepare Employee Interview Report (form 734-3478).

· Prepare and sign the Project Manager’s Labor Compliance Certification (form 734-1734) listing CC and all subcontractors, number of payroll reports received, and number of employees interviewed.

· Perform Equal Employment Opportunity (“EEO”) monitoring as required by the construction contract and the ODOT Construction Manual. Tasks include, but are not limited to:

· Receive and review the CC’s Paid Summary Reports (form 734-2882) as outlined in the ODOT Construction Manual, Chapter 18 – Workforce and Small Business Equity Programs.

· Receive and review CC’s EEO, DBE, and OJT/Apprenticeship compliance reports, if required, as outlined in the ODOT Construction Manual, Chapter 18 – Workforce and Small Business Equity Programs.

· Conduct Commercially Useful Function (“CUF”) reviews on all DBE contractors and subcontractors as outlined in the ODOT Construction Manual, Chapter 18 – Workforce and Small Business Equity Programs.

· Prepare, submit and coordinate processing of CCO, EWO, SFO as outlined in the ODOT Construction Manual, Chapter 15 – Change Orders, Force Account, Work by Public Forces, and Chapter 12G – Extra Work Performed on a Force Account Basis. Change Orders may include, but are not limited to, modification to the plans, specifications, and contract time. Consultant may be liable for payment of the cost for any CCOs, EWOs and SFOs authorized without obtaining prior review and approval by Agency. Only ODOT has the authority to approve and authorize changes to the construction contract including CCOs, EWOs, or SFOs.

· Prepare, track and submit to Agency Force Account billings from CC.

Deliverables and Schedule:

· First Notification (form 734-3233) – Issue when on-site construction work begins. Submit 1 electronic copy to APM and EDMS. Also submit via email, 1 copy to ODOT District Manager, ODOT Region Survey Manager, and ODOT Region Right of Way Manager.

· Resolution of any documentation deficiencies as noted on the Documentation Review Report per the RAS review. Deficiencies -must be resolved prior to next review.

· Subcontract Consent – The CC will prepare and submit a Subcontract Consent (form 734-1964) for review and approval within the EDMS. Within 14 calendar days after receipt of the subcontract packet from CC, Consultant shall complete the bottom area of the form to show review and approval. Forward the subcontract packet and corresponding approval per distribution list on form (there is no deliverable associated with review and approval of CC’s request for rental of operated equipment).

· CC submitted EEO, DBE and OJT/Apprenticeship compliance reports and the Paid Summary Reports (form 734-2882) and submit to Agency monthly and as directed in the ODOT Construction Manual, Chapter 18 – Workforce and Small Business Equity Programs.

· CC submitted certified payroll reports, including the signed Statement of Certification/Compliance page, Employee Interview Reports (form 734-3478) and any wage and hour related correspondence – Submit, monitor, and provide review of documentation as directed in the ODOT Construction Manual, Chapter 19 - Labor Compliance as Project work progresses along with following protocol provided in Task 5.4 – Submittal of Final Project Documentation.

· Draft CCO and EWO or SFO documents with supporting documents (cost estimate and justification) - Submit to APM by date agreed to when work was requested.

Task CE-2.5 Monthly Preliminary Progress Estimates [The following must be included without any additions, deletions or revisions except blue highlighted fields.] Consultant shall prepare and enter all source documents as “paynotes” into the monthly preliminary progress estimate using the Agency’s Contract Payments System (“CPS”) for CC’s work performed through the last working day of the month. (Refer to the ODOT Construction Manual Chapter 12D Quantities).

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

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

Deliverables and Schedule:

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

Task CE-2.6 Project Progress Meetings [The following must be included without any additions, deletions or revisions except in blue highlighted fields or as noted below.] Consultant shall conduct [OR] periodic Project Progress Meetings with the CC and others as needed, including but not limited to, APM, permitting agencies, local officials, and LAPM, if required. The Project Progress Meetings are intended to promote Project progress, proper communications, effective working relationships and timely issue resolution.

Consultant shall conduct [OR] additional activity-specific technical kick-off meetings for various activities required by the construction contract. These activities may include, but are not limited to:

[Add or delete items in the following list as individual project requires:]

· Drilled Shafts

· Asphalt Concrete Pavement

· Hazardous Materials Handling Consultant shall:

· Schedule, attend and participate in Project Progress Meetings as needed, or as agreed to by APM (and LAPM if applicable). Project Progress Meetings are recommended to be held weekly during active construction periods, but may be held less frequently during periods of low construction activity. [Delete if Consultant role is only to “attend” the project progress meeting.]

· Prepare Project Progress Meeting agendas and inform attendees. [Delete if Consultant role is only to “attend” the project progress meeting.]

· Record and distribute Project Progress Meeting minutes. [Delete if Consultant role is only to “attend” the project progress meeting.] ASSUMPTIONS FOR BUDGETING PURPOSES: Project Progress Meetings are assumed to be weekly (during active construction) with no more than 3__ Consultant staff attending and _32_ number of meetings are assumed, see Section E.2 Project Schedule.

Deliverables and Schedule:

· Project Progress Meeting agendas – 1 electronic copy to each meeting attendee, APM, and EDMS 2 business days prior to scheduled meeting. [Delete if Consultant role is only to “attend” the project progress meeting.]

· Attendance and participation at Project Progress Meetings

· Project Progress Meeting minutes – 1 electronic copy to each meeting attendee, APM, and EDMS within 5 business days after the meeting. [Delete if Consultant role is only to “attend” the project progress meeting.]

· Request to cancel Project Progress Meetings based on inactive construction period – Submit written request electronically to APM at least 2 business days prior to scheduled meeting. [Delete if Consultant role is only to “attend” the project progress meeting.] Task CE-2.7 Working Drawings, Shop Drawings, and other Submittal Reviews [The following must be included without any…