35540 ESB_RFCQ_Hwy 30 Fencing Att.pdf

Rev 01/2022 Page 1 of 29

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

ESB Fencing Project Hwy 30 MP 36.8 Stockpile Site

Contract Number

Resulting from Request for Competitive Quotes No. S‐73000‐00005517/35540

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 Exhibit 2 Plans

Rev 01/2022 Page 2 of 29

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

ATTACHMENTS INCORPORATED FROM WEBSITES:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts Prevailing Wage Rate Book as amended applicable to projects first advertised for bid on February 1, 2023 for Work that will take place in Baker County, BOLI Region 13, available at:

https://www.oregon.gov/boli/employers/Pages/prevailing‐wage‐rates.aspx

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

The Contract Price includes: Competitive Quote items #1 ‐4

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:

Name: Allen Jensen Position: Operations & Maintenance Manager Address: 19775 Highway 86 City state Zip: Baker City OR 97814 Phone: 541‐523‐4566 Cell: 541‐519‐4934 Email: allen.s.jensen@odot.oregon.gov

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

Substantial Completion Date: June 1, 2023 Final Completion Date: June 15, 2023

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, $500.00 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.

Rev 01/2022 Page 3 of 29

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.

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 #: ___

Rev 01/2022 Page 4 of 29

CONTRACTOR’S AUTHORIZED SIGNATURE:

Title Date

DOJ REVIEW: (Reviewed by via e‐mail dated ) or (Not required per )

OWNER’S AUTHORIZED SIGNATURE:

Title Date

Rev 01/2022 Page 5 of 29

Exhibit 1

TECHNICAL SPECIFICATIONS

ESB Fencing Project Hwy 30 MP 36.8 Stockpile Site

2021 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION: The 2021 Oregon Standard Specifications for Construction (“Standard Specifications”) include detailed technical specifications that apply to this Request for Competitive Quotes and resulting Contract.

Some sections of the technical specifications are identified and modified below. Sections of the technical specifications not identified below remain applicable to the Contract according to their original terms.

Part 00100 of the Standard Specifications (General Conditions) is not applicable to the Contract;

however, if a technical specification (Parts 200 and beyond) references a section from Part 00100, that section from Part 00100 applies to the Contract for purposes of supporting and giving full effect to the technical specification. The Standard Specifications are available online:

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/standard_specifications.aspx

Project Description

This project is for the removal and new installation of a property perimeter fence surrounding an ODOT owned stockpile site in Baker County East of US 30/Hwy 066 at mile post 36.8.

Access to the stockpile site is directly off of US 30 Highway 066 on the East side of the highway. The ODOT property is surveyed. Survey monuments are placed at 4 points of property boundary to be fenced. Fencing project to only include ODOT property laying on the East side of highway 30 monument pins 5000, 5001, 5005, 5006 as shown in boundary survey filed with Baker County. Survey markers are not to be disturbed at any point of fence installation. Fence and concrete footings will be required to be installed and centered 2 feet inside ODOT property lines on Agency property. All fence construction will adhere to Oregon Standard Drawings RD 810 Type 1‐5W consisting of all metal components and wooden stays.

All gates and gateways will consist of metal components conforming to standard drawings RD820. All work equipment and materials must remain and be performed on ODOT property.

Contractor should be prepared for hard soil or rocks potentially requiring posts to be drilled to obtain post depth required in specifications and standard drawings. This fencing project is being done in a rock stockpile.

Estimated quantities of new fencing to be built are 1,350’ (feet). Quantities of removing fence are 1,297’ (feet). Brush clearing will be required. All work to be performed to meet all specifications required in the 2021 Oregon Standard Specifications for Construction as revised by these Special Provisions.

Contractor Responsibilities

The Contractor shall furnish all material, labor, and equipment necessary to perform all tasks in accordance with the enclosed attachments, standard drawings, property boundary survey, Rev 01/2022 Page 6 of 29 detailed specifications, terms, and conditions on the basis of per item prices. If an overview document is provided for convenience to the contract it shall not be used for exact measurements, fence placement, fence removal, or material quantities required.

LOCATES: Contractor shall seek underground utility locates prior to installing any portion of the new fence or in the event of any ground disturbance meeting criteria. Contractor shall contact adjacent land user to perform locates for private utilities. If adjustment to the fence location is needed to avoid underground utilities the project manager will review conflict with

Engineer and accommodate reasonable alternate locations. Section 00150 reviews contractor obligation.

ODOT Responsibilities

1. Identify/clarify fence location.

Applicable Standard Specifications

The Specifications that are applicable to the work on this project is the “2021 Oregon Standard

Specifications for Construction”, as modified by these special provisions.

All number references in these Special Provisions shall be understood to refer to the Sections and Subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and to Sections and subsections contained in these Special Provisions in their entirety.

SECTION 00140—SCOPE OF WORK

Comply with Section 00140 of the 2021 Standard Specifications For Construction.

SECTION 00150 – CONTROL OF WORK

Comply with Section 00150 of the 2021 Standard Specifications For Construction.

Rev 01/2022 Page 7 of 29

SECTION 00160 – SOURCE OF MATERIALS

Comply with Section 00160 of the 2021 Standard Specifications For Construction.

SECTION 00165 – QUALITY OF MATERIALS

Comply with Section 00165 of the 2021 Standard Specifications For Construction.

SECTION 00170 – LEGAL RELATIONS AND RESPONSIBILITIES

Comply with section 00170 of the 2021 Standard Specifications For Construction

SECTION 00210 – MOBILIZATION

Comply with Section 00210 of the 2021 Standard Specifications For Construction.

SECTION 00290 – ENVIRONMENTAL PROTECTON

Comply with Section 00290 of the 2021 Standard Specifications For Construction.

Link Provided Below For Additional Environmental Resource.

http://transnet.odot.state.or.us/hwy/MaintOPs/Shared%20Documents/blue_book_2

02 0.pdf

SECTION 00440 – COMMERCIAL GRADE CONCRETE

Comply with Section 00440 of the 2021 Standard Specifications For Construction.

Rev 01/2022 Page 8 of 29

SECTION 01050 – FENCES

Comply with Section 01050 of the 2021 Standard Specification for Construction modified as follows:

01050.40 General – Replace this subsection, except for the subsection number and title, with the following.

Construct the several kinds and types of fences including the assembly and erection of all component parts and materials complete in place at the locations shown or directed. Confine activities and operations to the area immediately adjacent to the Right‐of‐Way line and within the highway Right‐of‐Way. Arrange for permits required from adjacent property owners to perform the work. Contact adjacent property owners for notification of work.

Schedule the installation of fencing or provide temporary fencing or other adequate means to prevent livestock from entering the Project Right‐of‐Way, easements and adjoining properties according to 00170.92.

At bridges, cattle passes, and culverts, if shown or directed, connect the new fence to the structure in a manner that permits free passage of livestock under or through the structure.

At all established adjoining properties fence lines install end post, or corner post and connect adjoining property fencing according to 01050.44(3).

01050.41 Lines, Grades, and Preparation Work— Replace this subsection, except for the subsection number and title, with the following.

Center concrete footings and fence posts 2 feet from the property line on Agency property.

Property boundary survey shows monument placement and property boundaries.

Clear, grub and prepare the fence line area. Remove all shrubs, brush, snags, downed timber, float rock, and other obstacles, including trees up to 6” (inches) in diameter which interfere with fence construction.

Fill or excavate ground surface irregularities which interfere with maintaining specified clearance above ground surface of the bottom wire of the fence. Limit the width as necessary to provide a clear way for the fence.

Excavate for concrete footings to reasonably neat lines, but not less than the specified dimensions in soil, or not less than 18’ (inches) deep in rock. Prevent disturbance of original ground at the sides and bottom of the excavation.

Clear and grub gate openings to permit the gate to swing in a horizontal plane according to

01050.48.

Dispose of materials removed under these provisions, including excess excavation, in a satisfactory manner.

Rev 01/2022 Page 9 of 29

No excavation, clearing or grubbing should be performed outside of ODOT property or right of way. All work, equipment and materials must remain and be performed on ODOT property or right of way.

01050.42 Optional Posts – Replace this subsection, except for the subsection number and title, with the following:

Use Option 1: Steel posts entirely in all types of fence.

0150.43(b) End Posts—Replace this subsection, except for the subsection number and title with the following:

‐Set end posts

At the beginning and end of new fence construction that is not terminating at a gate post.

At the end of the intersecting line of existing fences just outside the line of the new fence. At all points required to adjoin new ODOT property fencing with existing adjacent property fence lines.

01050.43(c) Intermediate End Posts – Replace this subsection, except for the subsection number and title, with the following:

At each summit and at each valley in the grade of the fence where the algebraic difference in the grades of adjoining panels of fence exceeds 30 percent.

Set intermediate end post centered between survey marker 5000 and 5001 in line with the new fence.

Set intermediate end post centered between survey marker 5005 and gate post in line with the new fence.

01050.43(d) Corner Post ‐‐ Replace this subsection, except for the subsection number and title, with the following:

‐Set Corner Posts as Follows.

(1) Barbed and Woven Wire Fences – at angle of deflection exceeding 5 degrees for fences with steel line posts or 15 degrees for fences with wood line posts. Changes in line where the angle of deflection does not exceed the above limitations will be considered alignment angles. The adjacent line posts at alignment angles shall be made fast to the angle post by means of diagonal tension wire. At all points required to adjoin new ODOT property fencing with existing adjacent property fence lines that is not at an end post.

01050.43 (e) –Gate Posts Replace this subsection, except for the subsection number and title, with the following:

Set gate posts at the beginning or end of runs of fence to provide openings for gates or gateways or as shown or directed by the engineer.

Rev 01/2022 Page 10 of 29

Gate posts shall be constructed in‐line with the new fence placement 2 feet inside ODOT property line, and maintain the Right of Way Line.

Gate posts shall be constructed according to RD820 Oregon Standard Drawing using steel components.

40’ Foot gate opening shall be centered at established access point from US 30 Hwy 066.

01050.44 (3) – At Intersection of New and Existing Fence Replace this subsection, except for the subsection number and title, with the following:

Where existing adjoining property and right of way fences intersect the new fence, cut the existing fence materials, or splice basically in kind new materials as necessary to fasten each longitudinal wire of the fabric and each line of barbed wire to the new end post according to

01050.44(d)(1). End or corner post shall be installed at any locations needed to anchor ends of existing adjoining property or right of way fencing intersecting new fence according to

01050.43(b).

01050.48 – Gate Installation Replace this subsection, except for the subsection number and title, with the following

(a) Metal Gates – Install metal gates and fittings between gate posts previously set as specified. Firmly attach the fittings to the posts and gates. Hinge each single gate in a manner which will prevent removal of the gate without tools. Set the gate in approximately horizontal plane to swing freely inward and outward, and so it can be fastened securely in its latch holder, or in the case of double gates, in its latch holder and gate stops. Set double gates on their respective hinge pintles to provide a common horizontal plane in which each single gate swings. 40 foot double gate shall be centered at established access point from US 30 Hwy 066 and swing 90 degrees freely away from US 30 Hwy 066 towards the stockpile area being fenced. 40 foot double gate components shall be constructed according to RD820 Oregon Standard

Drawing

(b) Gateways – Construct gateways of the same material as the fence and as shown.

Construct wire splices according to 01050.44(b). Provide a taut and well‐aligned closure of the opening, capable of being readily opened and closed by hand. 40 foot double gate components shall be constructed according to RD820 Oregon Standard

Drawing.

01050.49 Removing and Rebuilding Fence – Replace this subsection and title, except for the subsection number, with the following:

01050.49 Removing Fence—

All 1,297 feet of interior and property boundary fences shall be removed.

Remove and rebuild existing fences and gateways as shown or directed.

No reuse of old fencing materials will be permitted. All removed fencing materials

Rev 01/2022 Page 11 of 29 shall be disposed of by contractor.

01050.90 Payment – The accepted quantities of fences, protective fences, gates, and associated items performed under this Section will be paid for according to the following:

(a) Barbed and woven Wire Fence – Barbed and woven wire fence and gates, removing and rebuilding or replacing fence with 1‐5‐W Fence where directed to do so, and re‐ connecting adjacent property fence to new corner braces will be paid for at the Contract

(b) unit price, per unit of measurement, for the following items:

PAY ITEM UNIT OF

MEASUREMENT

(a) Type 1‐5W Fence .................................................................................. Foot

(b) Removing Fence .................................................................................... Foot

(c) Gateway/Gate ...................................................................................... Each

SECTION 03010 – FENCING MATERIALS

Comply with Section 03010 of the 2021 Standard Specification For Construction.

*This overview shall not be used for exact measurements, fence placement, fence removal or material quantities required needed to fulfill this contract. Reliance on this overview is not a substitute for contractor diligence, standard specifications, and property boundary survey that apply to this contract. Overview is only provided for contract convenience

OVERVIEW

Corner/End Post

Intermediate Post

40’ Gateway/Gateposts

Fence Removal

New Fence Installation

Exhibit 2

Plans

Effective Date: December 1, 2022 - May 31, 2023

The selection and use of this

Standard Drawing, while de-signed in accordance with generally accepted engineer-ing principles and practices, is the sole responsibility of the user and should not be used without consulting a

Registered Professional En-gineer.

CALC. BOOK NO.

the current Oregon Standard Specifications

All material and workmanship shall be in accordance withNOTE:

DATE REVISION DESCRIPTION

OREGON STANDARD DRAWINGS

SDR DATE

xxxxxxxxxxxx x x x x x xxxxx x x x x x xxxxxx x x xxx x xx x xx x x x x x x x x x x x x xxxxx x x x x x x x x x x x xxxxxxx x x x x x x x xxx xx x x x xx x xxx xxxxx x x x x x x x x x x x x x xxx x x x xx x x x x x x xx xx x x x x x x xx x x x x x x xx

B

C

WIRES

NO. OF

10"

14"

10"

12"

Type 1-5W

Type 1

1 1

SQUARE

SHAPE

a a a a b b

FENCE C SPACING

stake

1"x2"x12"

Lever r d

.d g n

J U

L

RD810

FENCES

BARBED AND WOVEN WIRE

metal posts)

(See wood or

Gate post from end of locking bar.

post and approx. 5" welded or bolted to gate

" short link coil chain4 line post material)

4'-4" (Metal

End bar Length

3" normal

Gate post

6 gauge thkn. wire loop wood line post material)

Length 4'-4" (Metal or

End bar

6 gauge thkn. wire loop

3" normal m in m in

Ground linewire loop

6 gauge thkn.

line post material) approx.2'-2" (Metal

Locking bar

Fence stays gauge wire2

6 gauge thkn. wire loop

30" (Type 2)

(33' max. for type 2 fence material)

Width as indicated on plan

5'-6" max. 5'-6" max. 5'-6" max.

3 For wooden stays, see Type 1 fence details.

2 For details not shown see fence type.

1 Match adjointing fence type.

Fence material Fence material Fence materialNOTES:

thkn. wire gauge2

Fence stays

4 or 5 barbed wires

2" min.

Ground line

Post

NOTE:

1 5'-6" 5'-6" ta b le b e lo w

F o r s p a c in g s e e for woven wire fabric.

Horizontal wires to be stapled are: single wires and a minimum of 4 wires on the ground.

Hemlock or Western Pine, spaced as shown for wire stays and to rest firmly

Stays to be 2"x2"x52" min. length, sound, untreated Douglas Fir, Western

Wooden Stays to be used in areas of heavy snowfall or snow drifts over 36".

wire fabric

Rectangular woven

1832-6-12

Design number details see Type 1 fence

For wooden stays, NOTE:

Recommendation R9-47.

Simplified Practice

U.S. Dept. of Commerce

Post2

"Barbed wire

Ground line

Unit A required at gate post.

fence line at intersection with new fence line.

Either Unit A or Units A & B are required in existing

Over 330

20-330

20 or Less

Types

1-5W &

1, A & B

A

None

FENCE

R

(ft) REQUIRED

UNITS

TABLE 1 (For wood posts)

TABLE 2

TABLE 3

3" to 4"

All Types 660' 16'-6" 7'-6" 6'-6" 4'-4" 3'-2" 2'-2" 7'-8" 9"-22"

ASTM A-7021.33 lb or U-bar

Tee Channel 3"x3"3"Line Post

Brace Rail

Brace or

"2 1to 5

"2

Other Post 4" to 7" 5"

4"

5"x5"

4"x4" Tubular

Angle

Tubular

Angle

3.19 lb b

4.1 lb "4 1"x2

1"x22

" O.D.8

"4 12"x2"x

" +/- O.D.2 min.-max. min. avg.

FENCE

max.

R P min.

L min.

L H min.

D min.

D min.

B min.-max.

X

MEMBER

SMALL END (in)

DIAMETER OF

ROUND

(in) nominal

SIZE

nominal

PER (ft)

WEIGHT

nominal

SIZE

WOOD METAL

Max. taper 1":48".

in each dimension.

Max. allowable size 1" additional

In accordance with ASTM A 702.

In accordance with AASHTO M 181.

corner post unit

End, gate or m in

12"

Brace min.

Concrete footing min.

nom. wt. 0.67 lbs

Anchor plate footing

Concrete

Brace

Line post

Intermediate end post line

Ground

Brace min.

18" min.

min.

2"

D H

L

X

B

P

R

B

X

H

L

D

12"

H D

L

22" round

20" sq. or

22" round

18" sq. or

22" round

20" sq. or

22" round

18" sq. or

2"

2"

8'-3"8'-3"

Wood brace rail steel dowel

"dia. x4"8

Wood post

Brace post thkn. wire

4 stands of 9 gauge

Brace guys Brace post

Brace rail Intermediate end post

3. For cross sectional dimensions of members see Table 3.

2. Line post spacing same as dimension P.

1. For dimensions indicated by letter see Table 2.

NOTES:

1"x2"x12" stake

Lever

8'-3" 8'-3"

R

P

H

L

D

D

L

H

Brace post

D

L

H

UNIT A UNIT B

For units required see Table 1 corner post unit(s)

End, gate or

Brace rail wire

9 gauge thkn.

4 strands of

Brace guy guy at gate posts

Additional brace line

Ground

Line post

21 21 21

GATEWAY

TYPES 1 , & 1-5W

BRACE RAIL CONNECTIONMETAL POSTS

WOOD POSTS

TYPE 2

TYPE 2TYPE 1-5WTYPE 1

7. Add fence grounding as required.

6. See project plans for details not shown.

5. See Std. Dwg. RD820 for fence gates.

4. All concrete shall be commercial grade concrete.

3. For shapes, weights and dimensions of members see Table 3.

2. Line post spacing same as dimension P.

1. For dimensions indicated by letter see Table 2.

GENERAL NOTES FOR ALL DETAILS ON THIS SHEET:

TABLE OF DIMENSIONS

13-JAN-2020N/A

Effective Date: December 1, 2022 - May 31, 2023

The selection and use of this

Standard Drawing, while de-signed in accordance with generally accepted engineer-ing principles and practices, is the sole responsibility of the user and should not be used without consulting a

Registered Professional En-gineer.

CALC. BOOK NO.

the current Oregon Standard Specifications

All material and workmanship shall be in accordance withNOTE:

DATE REVISION DESCRIPTION

OREGON STANDARD DRAWINGS

SDR DATE

RODS

NUMBERDOUBLE GATESINGLE GATE

Min. Avg.(in)

NOM. DIA.

(in)

NOM. DIA.

DIA. OF SMALL END (in)

(in)

NOM. SIZE

(in)

NOM. DIA.

(lb/ft)

MIN. WT.

(lb/ft)

MIN. WT.

(lb/ft)

MIN. WT.

Max.Min.

17 thru 20

12 thru 16

7 thru 11

UP thru 6

33 thru 40

23 thru 32

13 thru 22

UP thru 12

3.65

2.72

2.27

1.68

2.27

2.27

1.68

10x10

8x8

6x6

6x6

18.97

18.97

9.11

5.79

1 2 r d

.d g n

J U

L

RD820

FENCE GATES

Brace(s) to be equally spaced when required (See Table)

Schedule 40 galv. steel pipe brace (Typ.)

(See Table) steel pipe frame

Schedule 40 galv.

two are required)

Truss rod (Where

(See Table)

Gate post

(See Table)

" dia.8 3Truss rod, or chain link fabric

Woven wire fabric

(See Table)

Gate post

Finish grade

Gate opening (as shown on plans)

20' single gate

Max. opening 40' double gate

For length, setting and bracing details see end posts, Std. Dwg. RD810.

to be as indicated for single gate installation of the wider gate width.

At a double gate installation with unequal width gates, size of both posts

Gate posts on each side of a gate opening to be the same size.

Max. taper 1" in 4'

4. Add fence grounding as required.

3. See project plans for details not shown.

2. See Std. Dwg. RD810 for details not shown.

1. Gates shown are for use with Fence Types 1, 1-5W and 2.

GENERAL NOTES FOR ALL DETAILS ON THIS SHEET:

GATE POSTS

GATE COMPONENTS

WOOD STEEL

STEEL PIPE BRACE

SCHEDULE 40 GALV.

STEEL PIPE FRAME

SCHEDULE 40 GALV.

(ft)

GATE OPENING ROUND SQUARE

STEEL PIPE

SCHEDULE 40 GALV.

TRUSS

13-JAN-2020N/A

Rev 01/2022 Page 16 of 29

Exhibit 3

Reserved

Rev 01/2022 Page 17 of 29

Exhibit 4

GENERAL CONDITIONS AND SUPPLEMENTAL GENERAL CONDITIONS

This Request for Competitive Quotes and the resulting Contract for the ESB Fencing Project Hwy 30 MP

36.8 Stockpile Site 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 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-2 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.

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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.

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-3 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):

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(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-4 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-5 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—

(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

Rev 01/2022 Page 20 of 29 the terms of those subsections, except to identify the subcontractors or sub grantee that will be subject to those provisions.

SGC-6 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

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(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.

Where the Owner has agreed to Contractor's request to deposit a surety bond under option (b), Contractor shall accept like bonds from Subcontractors and suppliers on the project from which Contractor has required retainage.

For a contract over $500,000, if the Contractor requests that the Owner deposit the retainage in an interest‐bearing account under ORS 279C.560(5), the Owner will use an interest‐bearing escrow account as stated above. For a contract of $500,000 or less, if the Contractor requests that the Agency deposit the retainage in an interest‐bearing account under ORS 279C.560(5), the Owner will use an interest‐bearing account (in a bank, savings bank, trust company or savings association) as provided under ORS 279C.560(5).

E.5.1.3 The retainage held by Owner shall be included in and paid to the Contractor as part of the final payment of the Contract Price. The Owner shall pay to Contractor interest at the rate of one and one‐ half percent per month on the final payment due Contractor, interest to commence thirty (30) Days after the Work under the Contract has been completed and accepted and to run until the date Contractor shall notify Owner in writing when the Contractor considers the Work complete and Owner shall, within fifteen (15) Days after receiving the written notice, either accept the Work or notify the Contractor of Work yet to be performed on the Contract. If Owner does not within the time allowed notify the Contractor of Work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run thirty (30) Days after the end of the 15‐Day period.

E.5.1.4 In accordance with the provisions of ORS 279C.560, if the Owner accepts bonds, securities or other instruments deposited as provided in paragraph (a) of subsection E.5.1.2, the Owner shall reduce the moneys held as retainage in an amount equal to the value of the bonds, securities and other instruments and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570.

E.5.1.5 Contractor agrees that if Contractor elects to reserve retainage from any progress payment due to any Subcontractor or supplier, such retainage shall not exceed five percent of the payment, and such retainage withheld from Subcontractors and suppliers shall be subject to and the Contractor shall comply with all applicable legal requirements.

E.5.1.6 The Contractor shall comply with all applicable legal requirements for withholding and releasing retainage and for prompt payments, including but not limited to those in ORS Chapters 279C and 701, and 49 CFR 26.29.

E.5.2 As provided in subsections C.2.2 and C.2.3, additional withholding in the amount of 25% of amounts earned shall be withheld and released in accordance with ORS 279C.845(7) when the Contractor fails to file certified statements as required by section C.2.1.

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SGC-7 Add the following at the end of Section E PAYMENTS:

E.7 REPORT OF SUBCONTRACTORS PAID: Following each payment to Contractor, including final payment and any progress payments, Contractor shall submit to the Owner ODOT Form 734‐2882, Paid Summary Report. Contractor shall complete and submit the form as specified in the form instructions, which are available online, along with the form at: http://www.oregon.gov/ODOT/Forms/2ODOT/2882.pdf

SGC-8 Amend the first sentence of Section G.2.1 as follows (deletions shown in strikethrough):

G.2.1 When the Contract Price is $100,000 or more (or $50,000 or more in the case of Contracts for highways, bridges and other transportation projects) the Contractor shall furnish and maintain in effect at all times during the Contract Period a performance bond in a sum equal to the Contract Price, and a separate payment bond also in a sum equal to the Contract Price.

SGC-9 Delete Section G.3 INSURANCE in its entirety and replace with the following:

G.3 INSURANCE

G.3.1 Contractor: The Contractor shall obtain the insurance specified below prior to the execution of the Contract. The Contractor shall maintain the insurance in full force at the Contractor’s expense throughout the duration of the Contract and all warranty periods that apply.

G.3.1.2 Subcontracting: If the Contractor specifies prior to the execution of the Contract that a

Subcontractor will satisfy an insurance requirement, that is permitted to be satisfied by a Subcontractor, the Contractor shall obtain Owner approval of Subcontractor and Subcontractor’s insurance coverage(s), at least 35 Calendar Days prior to commencement of subcontracted work.

After the Contractor receives Owner approval of the Subcontractor, the Contractor may contractually obligate the Subcontractor to obtain and maintain, at the Subcontractor's expense or at the Contractor's expense, the insurance permitted.

G.3.1.3 The Contractor shall require that all Subcontractors carry insurance coverage that the Contractor deems appropriate based on the risks of the subcontracted work. The Contractor shall obtain proof of the required insurance coverages, as applicable, from any Subcontractor providing services related to the Contract.

G.3.1.4 Neither the insurance provided by Subcontractor(s) nor any agreements Contractor or

Subcontractor(s) may enter into shall place any limitation on the liability or indemnification obligations of the Contractor under applicable law or the Contract.

G.3.1.5 Insurance Provisions: The Contractor and Subcontractor(s), if any, shall obtain insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State and that are acceptable to Owner. Insurance coverage shall be primary and noncontributory with any other insurance and self‐insurance, with the exception of Workers’ Compensation/Employer’s Liability. The Contractor, or appropriate Subcontractor, but not Owner, shall pay for all deductibles, self‐insurance retentions and self‐insurance, if any.

G.3.2 Workers' Compensation and Employer’s Liability:

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G.3.2.1 All employers, including the Contractor and Subcontractor(s), if any, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers’ Compensation Insurance coverage, unless such employers meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer’s Liability Insurance with coverage limits of not less than $500,000 for each accident. Contractors who perform the Work without the assistance or labor of any employee need not obtain such coverage if the Contractor certifies so in writing. Contractor shall ensure that each of its Subcontractors complies with these requirements. The Contractor shall require proof of such Workers’ Compensation by receiving and keeping on file a certificate of insurance from each Subcontractor or anyone else directly employed by either the Contractor or its Subcontractors.

G.3.2.2 All employers, including the Contractor and Subcontractor(s), if any, exempt under

ORS 656.126(2) and subject to any other state’s Workers’ Compensation law, shall provide Workers’ Compensation Insurance coverage as required by applicable Workers’ Compensation laws. The coverage shall also include Employer’s Liability Insurance with limits not less than $500,000 each accident.

G.3.3 Liability Insurance:

G.3.3.1 Commercial General Liability: The Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance written on an occurrence basis and covering bodily injury and property damage. This insurance shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage. When Work to be performed includes operations or activity within 50 feet of any railroad property, bridge, trestle, track, roadbed, tunnel, underpass or crossing, the Contractor shall provide the Contractual Liability – Railroads CG 24 17 endorsement, or equivalent, on the Commercial General Liability policy. Combined single limit per occurrence shall not be less than the dollar amount specified in the Contract. The annual aggregate limit shall not be less than the dollar amount specified in the Contract.

Per Occurrence Annual Aggregate Commercial General Liability

$1,000,000 $2,000,000

G.3.3.2 Commercial Automobile Liability: The Contractor shall obtain, at Contractor's…