00016902_Att C Sample WOC.docx

Form C004-B122723R1

WORK ORDER CONTRACT #: (ORBuys PO #: )

PRICE AGREEMENT (“PA”) #: (ORBuys #: ) Project Name/Location: Northwest Oregon ADA Curb Ramp Design, Phase 1 (Linn County, Benton County, Polk County, Marion County ADA Ramps) This Work Order Contract (“WOC”) is entered into by and between the State of Oregon, by and through its Oregon Department of Transportation (“Agency” or “ODOT”), and an corporation (“Consultant” or “Contractor”).

This WOC incorporates by this reference:

a. all of the Terms and Conditions contained in Part II of the above referenced PA, except for Paragraph 9., Indemnity, of Part II, which is replaced with the indemnification provisions set forth herein (see Section G of the Statement of Work and Delivery Schedule);

b. the provisions from the PA Exhibits with the exception of: E, E.1, K, and L;

c. the attached Statement of Work and Delivery Schedule;

d. Attachment A - RESERVED;

e. Attachment B - Breakdown of Costs (“BOC”) {except for Fixed-Price, file copy only};

f. Attachment C - DBE Provisions;

g. Attachment C.1 – RESERVED

h. Attachment D – ODOT’s ProjectWise Network

WOC EXPIRATION DATE:_. The required schedule for performance under the WOC is specified in the Statement of Work and Delivery Schedule.

Certified Small Business Aspirational Target (for State-only funded WOCs over $100,000, including as amended; see PA Exhibit K): N/A

The Total Not-to-Exceed (“NTE”) amount for this WOC. This total includes: all allowable costs, profit, and fixed-fee amount (if any), shown in section H.4; and $_________ for contingency tasks, each of which must be separately authorized by Agency.

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

CONSULTANT CERTIFICATION:

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

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

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

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

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

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

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

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

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

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

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

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

(c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

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

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

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

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

Electronic Signatures.

The Parties agree that signatures showing on PDF documents, including but not limited to PDF copies of the PA, WOC and amendments, submitted or exchanged via email are “Electronic Signatures” under ORS Chapter 84 and bind the signing Party and are intended to be and can be relied upon by the Parties. Agency reserves the right at any time to require the submission of the hard copy originals of any documents.

Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. To request reasonable accommodation for access, due to a disability, to information related to this document, please contact the Oregon Department of Transportation’s Procurement Office at OPOAdministration@odot.oregon.gov or phone #503-986-2710.

CONSULTANT:

Signature Title Date

DOJ LEGAL REVIEW for ODOT: (Approved by via email dated _____)

ODOT (Procurement Authority)

Signature Print Name Date

STATEMENT of WORK and DELIVERY SCHEDULE for WOC # __________ under PA # __________ Northwest Oregon ADA Curb Ramp Design, Phase 1 (Linn County, Benton County, Polk County, Marion County ADA Ramps)

Name:

Address:

Phone:

Fax:

Email:

Agency’s Project Manager (“APM”) for the WOC

Michelle Gauthier 555 13th ST NE, Salem OR 97301

503-990-0070 Michelle.M.Gauthier@odot.oregong.vo

Address:

Fax:

Email:

Consultant’s Project Manager (“PM”) for the WOC

Email:

Agency’s Contract Administrator for the WOC Michelle Gauthier 503-990-0070 Michelle.m.Gauthier@odot.oregon.gov

Email:

Alternate Contact for Consultant

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

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES Background: ODOT and the Association of Oregon Centers for Independent Living, et al. entered into a 15-year settlement agreement on Nov. 2, 2016, to make state highways more accessible to people with disabilities (“Settlement Agreement”). The Settlement Agreement contains certain requirements with respect to remediation of the curb ramp inventory (“Settlement Agreement Curb Ramp Inventory” or “Curb Ramp Inventory”). This Curb Ramp Inventory (as updated from time to time) identifies the locations of non-compliant and missing curb ramps that ODOT agrees to remediate. The Final Settlement Agreement sets forth the “Applicable Standards” required for curb ramp mediation:

· Americans With Disabilities Act (“ADA”) and its implementing regulations,

· Public Right of Way Accessibility Guidelines (“PROWAG”),

· ADA Standards for Accessibility Guidelines (“ADAAG”), Section 504 of the Rehabilitation Act of 1973, and

· Part 4 (Highway Traffic Signals) and Part 6 (Temporary Traffic Control) of the Manual on Uniform Traffic Control Devices (“MUTCD”).

Project Name: Northwest Oregon ADA Curb Ramp Design, Phase 1 (Linn/Benton/Polk/Marion County ADA Ramps)

Key elements and funding for the Project are identified in the approved Statewide Transportation Improvement Program (“STIP”) as Key No.23956

Services included in this WOC consist of professional architectural, engineering, photogrammetric mapping, transportation planning and land surveying design services (“Professional Services” and related services, as that term is defined in ORS 279C.100 (“Related Services”) associated with approximately 53 curb ramps at signalized and non-signalized intersections, as more particularly described below (“Project Curb Ramps”) on and adjacent to Agency’s Project Right of Way (“ROW”). Consultant shall provide Services from Conceptual Design through final Plans, Specifications and Estimate (“PS&E”) as well as construction engineering support services (all collectively the “Services”). The intent of this WOC is to ensure successful delivery of ADA compliant curb ramps and, as applicable construction engineering support for the successful delivery of ADA compliant curb ramps for the Project.

Project Locations

Route

Project Curb Ramps: “Project Curb Ramps” are those non-compliant or missing curb ramps at signalized and non-signalized intersections and mid-block crossings on or along the State Highway system within the Project Area and subject to the Settlement Agreement. Project Curb Ramps include those identified in the Settlement as well as any additional directional ramps adjacent to the Settlement Ramps that must be added to meet minimum Settlement Agreement requirements.

Purpose: The purpose of this WOC is the completion of the Project design of all Project Curb Ramps included in this WOC, in accordance with the Schedule for Curb Ramp Remediation Compliance set forth in the Settlement Agreement, Section 6, which provides, "By December 31, 2032, ODOT shall complete remediation of all of the non-compliant curb ramp locations in the curb ramp inventory.” There are approximately 114 Project Curb Ramps within the Project Area. 53 ramps in this Project are at signalized intersections and there are 47 push buttons that will need adjustment or relocation. There are 12 ramps in the Project that are identified as partial repair. 7 ramps in this Project may require a design exception due to their proximity to a railway. The ramps in downtown Corvallis have drainage issues at some corners and there are two locations that have been identified as having chairwalls. These locations will require additional structural analysis and historical consultation and may need design exceptions to avoid impacting the building foundations. There are several other ramps in downtown Corvallis that may require design exceptions to avoid impacting signal pole foundations and/or buildings. The ramps in Salem are of a higher complexity and will require coordination with railroad and traffic subject matter experts, and City of Salem.

Phases of Services The contracted Services will be a phased development as follows:

· Phase I – Conceptual Design through Final Plans, Specifications and Estimates (“PS&E”) and Bidding Assistance Services.

· Phase II – Contract Administration/Construction Engineering Inspection(“CA/CEI”); Construction Engineering Support Agency may, at its discretion:

· Amend this WOC to add the next phase (or various elements), or

· Elect to complete subsequent phase tasks with in-house staff, or

· Assign subsequent phase tasks to another consulting firm.

Agency and Consultant shall negotiate the detailed tasks, deliverables, schedule and costs for each phase Agency elects to add. Each added phase will be authorized only by written WOC amendment with all required approvals and signatures.

Construction Budget

The estimated construction contract price for the Project described in this WOC is estimated to be $6,500,000 and $7,500,000

Agency Responsibilities Agency will:

· Provide all topographic surveys for the Project.

· Provide all legal descriptions that will be used in negotiations for Right of Way (“ROW”).

Complete reviews and comments on Consultant’s draft Conceptual Design, Design Acceptance, Final Plans, and Final PS&E submittals, as applicable, including final, ODOT-approved proposal(s) for a group of Project Curb Ramps with similar characteristics or common features (such as design requirements or location) for efficiency of design and resulting construction.

Acronyms and Definitions The following acronyms and definitions may appear in this SOW or in other provisions of the WOC and may have been derived from any PA provisions incorporated by reference into this SOW.

3R - Resurfacing, Restoration and Rehabilitation AASHTO - American Association of State Highway and Transportation Officials ACM – Asbestos Containing Materials ADA - American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, as amended.

ADA Delivery Program - ODOT's program designed to obtain compliance with ADA for ODOT projects.

Agency – Oregon Department of Transportation Agency Survey Manuals and Standards - ODOT's Survey manuals and standards as identified in Task 3 Survey AHERA – Asbestos Hazards Emergency Response Act APE - Area of Potential Effect API - Area of Potential Impact APM – Agency’s Project Manager Appraisals - Written statement by a qualified appraiser assessing value of property of a specific date supported by presentation and analysis of current market information.

ASTM - American Society for Testing and Materials BOC – Breakdown of Costs C&M – Construction and Maintenance CA/CEI - Contract Administration/Construction Engineering and Inspection CDW - Conceptual Design Workshop CFR - Code of Federal Regulations CE - Categorical Exclusion CE/PCE Procedures - Procedures for Completing NEPA for Categorical Exclusion and Programmatic Categorical Exclusion Projects with an Oregon Division Federal-Aid Highway Program nexus City/Cities – City or cities included in the Project and identified under Section A of this SOW Class 2 Projects - NEPA Categorical Exclusion Projects Constructability Review - review design drawings including conceptual staging plans.

County/Counties – County or counties included in the Project and identified under Section A.

CPFF – Cost Plus Fixed Fee CPM - Critical Path Method - Scheduling process for identifying the series of interdependent Project activities that, when sequenced together, represents the theoretically shortest time a Project may be completed.

CRS - Curb Running Slope DAP – Design Acceptance Package DAW - Design Acceptance Workshop DBE – Disadvantaged Business Enterprise DE - Design Exception DEQ – Oregon Department of Environmental Quality District – a single ODOT District or multiple ODOT Districts within the Project Area DOE - Determination of Eligibility DSL - Digital Subscriber Line DTM - Digital Terrain Model ESA - Endangered Species Act ESA Determination of No Effect – Form used to document no effect to ESA-listed species ETWP - Exploration and Testing Work Plan EU - Excavation Unit F – Fair FAHP – Federal-Aid Highway Program FHWA - Federal Highway Administration Final Reports - A packet assembled by ROW point of contact that contains all approved documents, important documents, and correspondence between property-owners and the Agency through the ROW process.

FP – Fixed Price FOE - Finding of Effect G – Good GLO - General Land Office GNSS - Global Navigation Satellite System HASP - Health and Safety Plan Hazardous Materials - hazardous wastes, hazardous substances, toxic substances and other hazardous materials regulated under federal and state statutes and regulations/administrative rules HDM - Highway Design Manual HMCS - Hazardous Materials Corridor Study IDW - Investigation Derived Waste Level of Design - The Level of Design refers to the type of design process to be applied to each Package after Agency acceptance of a Package Proposal. The Levels of Design are Simplified, Modified, or Full as described in Task 2.2 LPIF - Letter(s) of Public Interest Finding CCD – Commerce and Compliance Division Meeting Minutes – Notes that are recorded during a meeting highlighting key issues that are discussed, motions proposed or voted on, and activities to be undertaken.

Meeting Summary - Accounts for key talking points, decisions, and action items that were discussed during the meeting which also includes the date, time, and location of the meeting, a list of attendees, agenda items, discussion points, decisions made, action items, next steps, follow-ups, closing remarks, and attachments.

MSC- MicroStation Connect MSFM - Monumentation Survey Filing Map MUTCD - Manual on Uniform Traffic Control Devices NEPA - National Environmental Policy Act NMFS - National Marine Fisheries Service NRHP - National Register of Historic Places NTE – Not to Exceed NTP – Notice to Proceed NWI/LWI - National/Local Wetland Inventory OAR - Oregon Administrative Rules ODA - Oregon Department of Agriculture ODOT – Oregon Department of Transportation ODOT-NEPA Website - https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/NEPA.aspx

ODOT – NEPA MANUAL –

https://www.oregon.gov/odot/GeoEnvironmental/Pages/NEPA-Manual.aspx

Offer-Benefit Package - a combination of documents and letters presented to landowners or affected tenants detailing ODOT's offer and possible benefits to be received by landowners or affected tenants.

OJT - On the Job Training ORBIC - Oregon Biodiversity Information Center ORD- OpenRoads Designer ORELAP - Oregon’s Environmental Laboratory Accreditation Program ORS – Oregon Revised Statutes OWRD - Oregon Water Resources Department P - Poor PA – Price Agreement PAH - Polycyclic Aromatic Hydrocarbons PCB - Polychlorinated Biphenyls PCE - Programmatic Categorical Exclusion PCO – Project Controls Office PDT - Project Development Team PGDM – ODOT Phase Gate Delivery Manual PID - Photoionization Detector Pilot Approach – Project delivery where design is based on level of complexity and may include 2-dimensional survey and design with increased emphasis placed on attaining compliance during construction.

PLM – Polarized Light Microscopy PM – Consultant’s Project Manager PNEEC - Point Number, Northing, Easting, Elevation, Alpha Code POR - Professional of Record Preliminary Project Cost Estimate - cost estimate that is based on standard ODOT bid items and current average unit cost data from Estimator Bid Catalogs Project – Linn/Benton/Polk/Marion County ADA Ramps Project Area – geographic area that includes Project Location and areas that may be impacted by the project Project Curb Ramps - curb ramps at signalized and non-signalized intersections and mid-block crossings Project Location – description of where the project is that includes: ODOT Highway number, beginning and ending mile post, ODOT Region, county (counties), and city (cities).

Pedestrian Signals - pedestrian-activated signals at signalized intersections and mid-block crossings at either Push Button Poles or Signal Poles PSA - Project Study Area PSI - Preliminary Site Investigation PS&E - Plans, Specifications and Estimate Push Button Pole – A signal pole that has an attached pedestrian detector, switching input device provided for pedestrians to actuate operation of a traffic signal.

Signal Pole – The pole used to mount traffic signal heads on.

QA – Quality Assurance QC - Quality Control QP - Quality Plan Relocation Benefit Claims - Claim process completed when relocation of property, or utilities occurs on privately owned land Recommendation for Condemnation - process for obtaining property needed for the Project when all other options are exhausted.

Report on Personal Interview - Report that contains date and place of contact, parties contacted, offers/counteroffers made, reasons why agreement was not reached, and other pertinent data.

Right-of-Entry Agreements - right-of-entry agreements from property owners RITS - Right-of-Way Information Tracking System ROE - Rights-of-Entry ROW - Right of Way PTD - Public Transportation Division Services - Services included in the Project as identified in Section A of this SOW SFM - Survey Filing Maps SHPO - State Historic Preservation Office SOW – Statement of Work and Delivery Schedule Standards and Requirements - ODOT Traffic/Roadway Section standards, policies, requirements, practices, and ADA Delivery Program specific standards, policies, requirements and practices.

STIP - Statewide Transportation Improvement Program STU - Shovel Test Unit Subsurface Exploratory Probing – Archaeology investigation technique SUL - State Utility Liaison Terms of State's Offer - Summary of the terms and conditions under which a donation of property has been made, including any obligations the State is required to perform.

T&M – Time and Materials with a maximum, not-to-exceed Contract price for performance of Services described in the SOW.

TCP - Traffic Control Plan THPO - Tribal Historic Preservation Office TMP - Traffic Management Plan TP&DT - Temporary protection and direction of traffic (including bicycle) TPARP - Temporary Pedestrian Accessible Route Plan TS&L - Type, Size and Location USACE - United States Army Corps of Engineers USFWS - United States Fish and Wildlife Service UST - Underground Storage Tanks VOC - Volatile Organic Chemicals WOC – Work Order Contract WZTA - Work Zone Traffic Analysis

B. STANDARDS and GENERAL REQUIREMENTS

1. Standards The standards, manuals, directives and other guidance applicable to Professional Services and Related Services are referenced below or available on Agency’s webpages linked below and are incorporated by this reference with the same force and effect as though fully set forth herein.

The standards, manuals, directives and other guidance listed below or available on Agency’s webpages 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. Should the requirements of any reference, standard, manual or policy referenced in the PA or WOC conflict with another, Consultant shall, in writing, request Agency to resolve the conflict.

Unless otherwise specified in a given task, 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 must be English.

a. Planning, Survey, Preliminary Engineering and Design Manuals, Standards and Guidance:

· Technical Manuals - alphabetical list (https://www.oregon.gov/ODOT/Engineering/Pages/Manuals.aspx)

· Planning Guidance and Resources (https://www.oregon.gov/ODOT/Planning/Pages/Guidance.aspx)

· Planning Analysis (https://www.oregon.gov/ODOT/Planning/Pages/Technical-Tools.aspx)

· Geo-Environmental Guidance, forms, templates, procedures (https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Guidance.aspx)

· Environmental - ODOT NEPA Manual procedures for FHWA-nexus projects (https://www.oregon.gov/odot/GeoEnvironmental/Pages/NEPA-Manual.aspx)

· Geometronics Resources & Guidance (https://www.oregon.gov/ODOT/ETA/Pages/OCRS.aspx)

· Engineering Guidance (https://www.oregon.gov/ODOT/Engineering/Pages/Eng-Guidance.aspx)

· Standard Drawings and Details (https://www.oregon.gov/ODOT/Engineering/Pages/Standards.aspx)

· Technical Guidance (https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx)

· Access Management Manual & Guidance (https://www.oregon.gov/odot/engineering/pages/access-management.aspx)

· Project Delivery Guide & Forms (https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx)

· Oregon Standard Specifications for Construction (https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx)

· Forms Library (https://www.oregon.gov/ODOT/Forms/Pages/default.aspx)

· Delivering ADA Program Projects (https://www.oregon.gov/odot/ADA/Pages/Project-Delivery.aspx)

· ADA Program Consultant Portal (https://jacobsengineering.sharepoint.com/sites/CPW3Y19107/SitePages/ODOTConst.aspx)

· ODOT ProjectWise Resources (ADA Related Templates) (pw:\\pw.odot.state.or.us:PW_ODOT_PROD\Documents\_Disciplines\ADA\General_Templates\)

ADA Compliance – Assessment, Design, Inspection. When the Services under this WOC include assessment or design (or both) for curb ramps, sidewalks or pedestrian-activated signals (new, modifications or upgrades), Consultant shall:

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

b. Follow ODOT’s processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form.

When the Services under this WOC 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.

b. ODOT Communications Standards For any Consultant tasks that require communications functions on behalf of Agency, Consultant shall comply with the ODOT Communications Standards (available at: https://www.oregon.gov/ODOT/Pages/Web-Toolkit.aspx) which is incorporated into this WOC with the same force and effect as though fully set forth herein.

2. (RESERVED)

3. Software Requirements Software standards currently used by Agency are specified in the PA supporting this WOC. Additional standards that may be required for this SOW include but are not limited to the following:

· Microsoft PowerPoint.

· Microsoft Word (“MS Word”);

· Microsoft Excel (“Excel”);

· ArcGIS;

· ArcCollector;

· AdobePro (.pdf)

· BlueBeam Revu;

· Bentley OpenRoads Designer Connect Edition

· Smartsheet

4. Professional Licenses, Registrations and Qualifications Consultant personnel and any subconsultant personnel shall be duly licensed in Oregon to perform the Services, as required by the applicable Oregon Revised Statutes (“ORS”) and Oregon Administrative Rules (“OAR”), and other applicable laws.

5. General Requirements

· Primary Agency Contact. The APM (or such other individuals identified in specific tasks or as designated in writing to Consultant) is the primary contact on behalf of Agency for this Project.

· Transmittal Designations. To the extent possible, all transmittals from Consultant to Agency must include as applicable the PA#, WOC#, Project name and the Project key number.

· Consultant’s Professional Demeanor. Consultant shall perform the Services and otherwise confirm that Consultant’s personnel and subconsultants conduct themselves in an appropriate and professional manner in public, to positively reflect upon the Project and Agency.

· Consultant Quality Plan (CQP) for Professional Services and Related Services- A CQP must be approved and on file with Agency before design and related Services may be provided under the WOC. The CQP must be consistent with requirements of Agency’s “Consultant Quality Plan Guidance” available on the Quality Plans and Guides webpage at: https://www.oregon.gov/odot/ProjectDel/Pages/Quality-Guides.aspx.

Consultant shall ensure quality assurance and quality control is performed in conformance with the approved CQP on all Services and deliverables provided under the WOC. Consultant shall submit an updated CQP for approval if there are changes to Consultant’s quality management processes or organizational structure from what is in the approved CQP during the term of the WOC.

· Endorsement of Data. Consultant shall place their official Oregon Registered Engineer seal and signature on all engineering design drawings and specifications furnished to ODOT, as well as any other materials specified in ORS 671.025, 671.379, 672.020(2), 672.025(2), 672.028(2) and 672.605, as applicable, that require such seal and signature.

· Electronic Documents, Digital Seal and Signature. If required under the WOC, Consultant shall use ODOT’s ProjectWise Network (see Attachment D) for electronic submittal and receipt of files as necessary for the Project. All final documents identified in ORS 671.025, 671.379, 672.020(2), 672.025(2), 672.028(2) and 672.605, as applicable, must bear the digital seal and signature of the Oregon registered professional under whose supervision and control they were prepared. Documents must be submitted in the format specified in the WOC for each deliverable and must comply with OAR 804-030, OAR 806-010, OAR 809-050 and OAR 820-025 requirements, as applicable, for digital seal and signature capable of independent verification, final and draft documents, modifications to designs, and dual stamping of documents.

· Safety Equipment. Consultant shall provide and use all safety equipment including (but not limited to) hard hats, safety vests and clothing if required by State and federal regulations and ODOT policies and procedures for the Services under the WOC.

· Personnel, Materials, and Equipment. Consultant shall provide competent personnel and shall furnish all supplies, equipment, tools, and incidentals required to accomplish the work. All equipment and tools must be in good operating condition and shall be kept in proper adjustment throughout the duration of the WOC. All materials and supplies must be of good quality and suitable for the assigned work.

· Rights of Entry (“ROEs”). Unless provided by Agency, Consultant shall obtain all ROEs that are required prior to entry onto real property owned by private parties. Consultant shall not conduct any fieldwork outside of Agency ROW or property until all ROEs for private property have been obtained and are in field personnel’s possession.

· Access to ODOT Right-Of-Way. Consultant shall notify and coordinate with applicable District having jurisdiction over the Project area at least 48 hours in advance of needing to be on-site (District 5 for this Project). Consultant shall not begin on-site work until approval is received from the District. Consultant shall reschedule the on-site work if requested by the District. Contact information will be provided upon request. The Consultant shall obtain all required permits from the District prior to initiating fieldwork activities.

· Temporary Traffic Control. When a field crew is working on (or within 30 feet of) a travel lane, Consultant shall protect the crew by providing safety equipment required by Agency policies and procedures. When the work affects movement of public traffic (vehicles, bikes, pedestrians, etc.), Consultant shall warn and protect approaching traffic by providing safety equipment and temporary traffic controls conforming to a stamped and approved Traffic Control Plan (“TCP”), stamped and approved Temporary Pedestrian Access Route (“TPAR”) or the 2011 Oregon Temporary Traffic Control Handbook (https://www.oregon.gov/ODOT/Engineering/Docs_TrafficEng/OTTCH-v2011.pdf), for operations of 3 days or less. Consultant shall plan, coordinate and get approval of work zone activity as outlined in the Mobility Procedures Manual (https://www.oregon.gov/ODOT/MCT/Documents/MobilityProcedureManual.pdf)

· Subsurface Exploration Services. Prior to conducting subsurface exploration Services, Consultant shall obtain archeologic clearances from Agency for specific exploration plans and noise permits from local jurisdictions if applicable.

· State Owned Assets. All State-owned assets, if any, in Consultant’s possession must be promptly returned to Agency when the Services are complete, when the WOC is terminated, or when requested by Agency, whichever occurs first.

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

6. Interpretation of Standards and Requirements Consultant shall follow all standards, policies, requirements, practices, and guidelines (“Standards and Requirements”) established by Agency’s Traffic / Roadway Section for ADA facilities controlled by Agency. Deviation from these Standards and Requirements or acceptance of completed Services or Work Product not conforming to these Standards and Requirements requires concurrence from Agency’s Roadway Engineer.

7. NEPA Related Requirements

a. NEPA Decision Documents and Final Design Agency is not obligated to proceed with final design for any alternative; all reasonable alternatives will be evaluated and given appropriate consideration, and Consultant may not proceed with final design until the relevant NEPA decision documents have been issued.

b. NEPA Document Objectivity If Agency concludes, at any time during the term of the WOC, that the Environmental Impact Statement, Environmental Assessment or Categorical Exclusion (as applicable) was not prepared with objectivity in accordance with 23 USC 112 (f), Consultant and its Affiliates shall not be eligible to complete the remaining tasks associated with the WOC.

c. Preparation of EA, EIS or Categorical Exclusion If a Consultant is awarded a contract to prepare an Environmental Impact Statement, Environmental Assessment or Categorical Exclusion for a project, that Consultant and its Affiliates may prepare the designs/plans/specifications for the project or may propose under a separate solicitation to prepare designs/plans/specifications for the project only if Agency concludes that the NEPA document was prepared with objectivity. Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and Consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

C. REVIEW, COMMENT and SCHEDULE OVERVIEW

· Consultant shall coordinate with Agency staff as necessary and shall revise draft deliverables to incorporate Agency draft review comments.

· Consultant shall return the revised deliverables to Agency staff, with Agency comments incorporated, within 14 business days of Consultant’s receipt of Agency’s comments, unless a different timeframe is specified for specific tasks or otherwise agreed to in writing by Agency.

· Agency will provide consolidated comments on Consultant deliverables within a reasonable timeframe according to Project circumstances existing at the time of deliverable.

D. FORMAT REQUIREMENTS

· Consultant shall use ProjectWise for electronic submittal and receipt of files as necessary for the Project (see Attachment D).

· Consultant shall submit draft deliverables in electronic format via email (and hard copy if requested).

· Consultant shall also submit all graphic files accompanying reports separately in .jpg or .tif formats unless specified differently by Agency.

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

· Additional format requirements may be listed with specific tasks/deliverables in the SOW or in the PA.

E. TASKS, DELIVERABLES and SCHEDULE Unless this WOC is terminated or suspended, Consultant shall complete all tasks and provide all deliverables (collectively, the “Services”) as needed to confirm successful PS&E delivery in accordance with ODOT project delivery manuals, procedures and standards or as otherwise agreed upon by the APM. Consultant shall provide all labor, equipment and materials to manage, coordinate, and complete the Services in accordance with the performance and delivery schedules identified in this SOW. For purposes of standardization, the task numbering in this SOW may be non-sequential.

Any references to design acceptance phase (“DAP”) without specification of draft or final shall be interpreted to mean both Draft and Final DAP.

All contingency tasks require a separate Notice to Proceed (“NTP”) or explicit authorization from the Agency Project Manager (“APM”). Consultant shall not commence work on any contingency task until specifically directed to do so in writing.

WOC Deliverables Table

Draft Stormwater Report

Due with Draft DAP milestone

Access Management Strategy Exemption [RESERVED]

Calculations and narrative describing structural evaluation findings.

Due with DAP