PA #_______; WOC # _____; Key#____ AE WOC Form

SAMPLE WOC

WORK ORDER CONTRACT #: (ORBuys PO #: )

PRICE AGREEMENT (“PA”) #: (ORBuys #: ) Project Name/Location:

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 [Enter the state of incorporation if consultant is a corporation] 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;

c. the attached Statement of Work and Delivery Schedule;

d. Attachment A - RESERVED

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

f. Attachment C - DBE Provisions;

g. Attachment C.1 - RESERVED;

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

DBE - WOC includes federal funds? Yes DBE Goal: 0% Certified Small Business Aspirational Target (for State-only funded WOCs over $100,000, including as amended; see PA Exhibit K): N/A Fed Aid #: ODOT Key # 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

Form C004-B122723R2 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.

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.gsa.gov/system/files/SFLLL_1_2_P-V12b.pdf

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

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

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

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

WOC.

Electronic Signatures.

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

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

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

CONSULTANT:

Signature Title Date

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

ODOT (Procurement Authority)

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

STATEMENT of WORK and DELIVERY SCHEDULE for

WOC # __________ under PA # __________ Project Name

Name:

Address:

Phone:

Fax:

Email:

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

Address:

Fax:

Email:

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

Email:

Agency’s Contract Administrator for the WOC

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.

PROJECT DESCRIPTION and OVERVIEW of SERVICES Agency is contracting with Consultant for Services in connection with the following project (the “Project”): “Region 4 and Oakridge ADA Ramps.”

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”).

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 90 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:

Hwy No Project Route

Location (City)

MP Begin MP End

004 US197 Dufur 12.75 12.75 300 OR206 Wasco 000.00 000.00 005 OR19 Condon 038.27 038.27 004 US97 Bend 135.37 135.5 004 Colorado Ave. Conn. No. 3 Bend 138.26 138.26 004 US97 La Pine 167.72 167.72 018 US97 Oakridge 034.31 035.85 019 OR31 Paisley 098.36 098.53 020 OR39 Klamath

Falls

003.22 005.54

424 Washburn Way Conn. No. 2 Klamath Falls

002.91 002.91

004 US97 Redmond 121.98 123.17

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 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.”

Phases of Services

The contracted Services will be a phased development as follows:

• Phase I – Concept Design to Final PS&E, Bidding Assistance Services.

• Phase II – Professional of Record (“POR”) Services, Construction Administration/Construction Engineering and Inspection (“CA/CEI”) Services

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 $ 5,500,000 - $6,500,000.00.

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, DAP, 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.

Curb Ramp Inventory - The Settlement Agreement contains certain requirements with respect to remediation of the curb ramp inventory.

CRS - Curb Running Slope DAP – Design Acceptance Package DAW - Design Acceptance Workshop 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 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 Agency’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 https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/NEPA.aspx https://www.oregon.gov/odot/GeoEnvironmental/Pages/NEPA-Manual.aspx

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 – Region 4 and Oakridge 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 (or “Project 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 PSSR - Painted Surface Survey Report PSWP - Paint Sampling Work Plan 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/counter offers 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 SMIWP - Shoulder Material Investigation Work Plan SOW – Statement of Work and Delivery Schedule SSIWP - Site-Specific Subsurface Investigation Work Plan 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) https://www.oregon.gov/ODOT/Engineering/Pages/Manuals.aspx 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)

• Bridge Standards & Manuals (https://www.oregon.gov/odot/bridge/pages/index.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 https://www.oregon.gov/ODOT/Planning/Pages/Technical-Tools.aspx https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Guidance.aspx https://www.oregon.gov/odot/GeoEnvironmental/Pages/NEPA-Manual.aspx https://www.oregon.gov/odot/bridge/pages/index.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Eng-Guidance.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Standards.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx https://www.oregon.gov/odot/engineering/pages/access-management.aspx https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx https://www.oregon.gov/ODOT/Forms/Pages/default.aspx https://www.oregon.gov/odot/ADA/Pages/Project-Delivery.aspx https://www.oregon.gov/odot/ADA/Pages/Project-Delivery.aspx https://jacobsengineering.sharepoint.com/sites/CPW3Y19107/SitePages/ODOTConst.aspx https://pwlink.bentley.com/link?ds=pw.odot.state.or.us%7E3APW_ODOT_PROD&fld=8cf8b469e9b44866a18ee1381bf4bf65&wa=262b9777fcb54f089288a8ae8de0f6e8&p=bd76abbdc0024b7d8ee5611772b7e512 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. Website or Web Content Development and Maintenance Standards Consultant shall perform all required web-related Services in conformance with the ODOT Web Standards (available at: https://www.oregon.gov/ODOT/Pages/Web-Toolkit.aspx), which is incorporated into this PA with the same force and effect as though fully set forth herein. ODOT shall have ownership and control of Work Products developed by Consultant as set forth in the terms and conditions of the PA, Part II, Section 7 - Ownership of Work Product.

c. 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. Software Requirements In addition to the software requirements set forth in the PA, the following shall apply to this WOC:

• ProjectWise. Use of ODOT’s ProjectWise network is required for this Project (see Exhibit L of the

PA).

• Microsoft PowerPoint.

• Microsoft Word (“MS Word”).

• Microsoft Excel (“Excel”).

• ArcGIS.

• ArcCollector.

• AdobePro (pdf)

• BlueBeam Revu.

• Bentley OpenRoads Designer Connect Edition

• Smartsheet

3. 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.

4. General Requirements https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx https://www.oregon.gov/ODOT/Pages/Web-Toolkit.aspx https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oregon.gov%2FODOT%2FPages%2FWeb-Toolkit.aspx&data=02%7C01%7CTonya.Finley%40deainc.com%7Cb074711c18f946d67a0708d728238274%7C75fc6250a5034863ab0060c7035d49b2%7C0%7C1%7C637022005307774139&sdata=A55gK1SVl1ka0UzdEqQregcOEO81SJyWodN9V30CtGc%3D&reserved=0

• 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 Contract#, 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.

The consultant shall confirm that 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.

• Unless provided by Agency, Consultant shall obtain all Rights-of-Entry (“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.

• 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 Exhibit L) 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 https://www.oregon.gov/odot/ProjectDel/Pages/Quality-Guides.aspx throughout the duration of the WOC. All materials and supplies must be of good quality and suitable for the assigned work.

• Access to Agency ROW and Agency Permits. 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 2B 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 Plan (“TPARP”) 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.

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 10 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.

D. FORMAT REQUIREMENTS

• Consultant shall use ProjectWise for electronic submittal and receipt of files as necessary for the

Project (see PA Exhibit L).

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

https://www.oregon.gov/ODOT/Engineering/Docs_TrafficEng/OTTCH-v2011.pdf https://www.oregon.gov/ODOT/MCT/Documents/MobilityProcedureManual.pdf

• 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 the 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 Agency 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 “DAP” without specification of draft or final shall be interpreted to mean both Draft and Final DAP.

WOC Delivery Table

*Table will be fully completed and negotiated with highest ranked proposer

TASK DESCRIPTION DELIVERABLE SCHEDULE

1 PROJECT MANAGEMENT AND COORDINATION

1.1 Contract Oversight and Project Management

Project Design Schedule 15 business days after NTP

Updated Project Design Schedule (4) 10 business days after modification to milestone dates

Project Files As requested from APM and within 30 business days of completion of Project

Monthly Progress Reports No later than the 15th calendar day of the month following the reporting period

1.2 Reporting

Project Curb Ramp Tracking Reports Ongoing- within 5 business days of when requested by APM

Final Package Reports 10 business days after completion of PS&E

Incomplete Corner Inventory Report

Submitted with Final PSE

1.3 Project Meetings See Task 1.3 Deliverable Table

for more information

2 RAMP EVALUATION AND CONCEPTUAL

DESIGN

2.1 Field Reconnaissance

Field Reconnaissance Summary Submitted with Conceptual Design

2.2 Conceptual Design

Conceptual Design Package 10 weeks after Project Kickoff meeting

3 SURVEY [RESERVED]

4 ENVIROMENTAL SERVICES

4.1 NEPA CE, PCE and Supporting Documentation

[RESERVED]

4.2 Archaeological Resources [RESERVED]

4.3 Historic Resources [RESERVED]

4.4 Hazardous Materials

4.4.1 Hazardous Materials Corridor Study (“HMCS”)

Draft HMCS Report Submitted with DAP

Final HMCS Report 2 weeks following receipt of draft review comments

C4.4.2 Shoulder Material Investigation (Contingency Task, See Section F)

C4.4.2.1 Shoulder Material Investigation Work Plan (“SMIWP”) and Health and Safety Plan

Draft SMIWP/HASP 2 weeks following receipt of Agency comments on draft

HMCS

Final SMIWP/HASP 1 week following receipt of draft review comments

C4.4.2.2 Shoulder Material Sample Collection and Reporting

Draft Preliminary Site Investigation (“PSI”) Report

4 weeks following receipt of laboratory results

Final PSI Report 1 week following receipt of draft review comments

C4.4.3 Site-Specific Investigations (Contingency Task, See Section F)

C4.4.3.1 Site-Specific Subsurface Investigation Work Plan and Health and Safety Plan (Contingency Task, See Section F)

Draft SSSIWP and Draft HASP 4 weeks following Contingency Task NTP

Final SSSIWP and Final HASP 1 week following receipt of draft review comments

C4.4.3.2

Site-Specific Subsurface Investigation Sampling and Reporting (Contingency Task, See Section F)

TBD

Draft PSI 4 weeks following completion of Task 4.4.3.1

Final PSI 1 week following receipt of draft review comments

4.4.4 Painted Surface Investigations (Reserved)

4.4.5 Geophysical Survey (Reserved)

4.5 Biological Resources Compliance and Permitting

4.6 Wetland and Water Resources [RESERVED]

5 PUBLIC INVOLVEMENT SUPPORT (Reserved)

6 UTILITIES

6.1 Utility Location and Coordination

Existing utility information 8 weeks following DAP utility conflict identification

Record of communications with each utility within Project Location

Within 3 business days of APM written request

6.2 Utility Report

Draft Utility Report Submitted with DAP Final Utility Report 2 weeks following receipt of draft review comments

6.3 Utility Coordination Meetings

Meeting Agenda 2 business days prior to meeting Minutes for each meeting 5 business days after meeting

6.4 Utility Relocations

6.4.1 Utility Notices

Project Notification Letter(s) and Utility Conflict Letter(s) with enclosures

10 business days after submission of DAP

.pdf copies of Project Notification Letters / Utility Conflict Letters with enclosures

10 business days after submission of DAP

6.4.2 Review Utility Relocation Plans and Relocation

Time Requirement Letters

Final utility relocation plan(s) 10 business days after Agency approval that draft relocation plans meet requirements

Time Requirement Letter(s) 20 business days after submittal of Final PS&E

C6.5 Utility Reimbursement (Contingency Task, See Section F)

C6.5.1 Reimbursement for Review and Package (Contingency Task, See Section F)

Written justification document 2 weeks following receipt of unacceptable materials

Utility Reimbursement Package 2 weeks following receipt of acceptable materials

C6.5.2 Utility Billing Review, Approval, and Payment Recommendation (Contingency Task, See

Utility Billing Package and Payment Recommendation inter-office memo

2 weeks of receiving utility invoicing and documentation

6.6 Utility Certification

Utility Certification for co-signature 4 weeks prior to final PS&E Copy of Signed Utility Certification Form Incorporated into final PS&E

7 Geotechnical/Pavement Services [RESERVED] 8 Stormwater Management Plan and Design

8.1 Stormwater Memorandum

Draft Stormwater Memorandum 2 weeks prior to draft DAP Final Stormwater Memorandum 2 weeks prior to final PS&E

C8.2 Standard Stormwater Design Documentation

Draft Standard Stormwater Design Documentation

2 weeks following Contingency Task NTP

Final Standard Stormwater Design Documentation

2 weeks following receipt of draft review comments

9 TRAFFIC ENGINEERING& MANAGEMENT

9.1 Traffic Analysis

DAP Traffic Analysis TBD Final Traffic Analysis TBD

9.1.1 Crosswalk Closure Requests

Up to 4 draft Crosswalk Closure Request(s) TBD Up to 4 final Crosswalk Closure Request(s) TBD

9.2 Traffic Signal Design For New or Replacement of

Existing Push Buttons

DAP Traffic Signal plans and cost estimate Incorporated into Tasks 14.3 and

14.4 (DAP)

Final Traffic Signal plans, electronic design files specifications and cost estimate

Included in final PS&E

9.3 Permanent Signing

DAP Permanent Signing plans, and cost estimate Incorporated into DAP

Final Permanent Signing plans, specifications, and cost estimate

Included in final PS&E

9.4 Permanent Pavement Markings

DAP Permanent Pavement Marking plans, and cost estimate

Incorporated into DAP

Final Permanent Pavement Marking plans, specifications, and cost estimate

Included in Task final PS&E

C9.5 ILLUMINATION DESIGN (Contingency Task, See

DAP illumination plans, specifications, Special Provisions and cost estimate Incorporated into DAP

Final illumination plans, specifications, Special Provisions and cost estimate Submitted as part of Final PS&E

9.6 Work Zone Traffic Analysis

WZTA results Incorporated into DAP and final

PS&E

9.7 Temporary Traffic Control

Draft TMP Included in DAP Final TMP Included in final PS&E

9.8 Traffic Control Plans

DAP TCPs and cost estimate Included in DAP Final TCPs, specifications, and cost estimate Included in final PS&E

9.9 Access Management All tasks and subtasks to be

inserted at negotiations

10 RAILROAD COORDINATION AND SUPPORT

11 ROADWAY DESIGN

11.1 Design Criteria

Memo noting no design criteria or DEs are needed (if applicable)

6 weeks from NTP

Memo including any draft design criteria and any proposed DEs (if applicable)

6 weeks from NTP

Memo including final design criteria and final list of any proposed DEs (if applicable)

2 weeks following receipt of draft review comments

C11.2 Roadway Design Exceptions (“DE”) Requests

List of Anticipated Design Exceptions Submit with DAP

Draft Design Exception Request(s) Due 3 months prior to PS&E

Final Design Exception Request(s) 2 weeks following receipt of draft review comments

C11.3 ADA Curb Ramp DE Requests (Contingency

List of Anticipated ADA DEs and resolution date Submit with DAP Draft ADA Curb Ramp DE Request(s) Due 3 months prior to PS&E

Final ADA Curb Ramp DE Request(s) 2 weeks following receipt of draft review comments

C11.4 Roadway Crossing Closure Requests

Draft Crossing Closure Request Submit with DAP

Final Crossing Closure Request 2 weeks following receipt of draft review comments

C12 STRUCTURE DESIGN REQUIREMENTS

C12.1 Existing Traffic Structures Analysis

Calculations and narrative describing structural evaluation findings.

Due with DAP

C12.2 New pushbutton poles (7’6” in height or less)

Memo confirming compliance with TM457 for each pole

Incorporated into deliverables listed in draft DAP

12.3 Minor Retaining Walls [RESERVED]

13 LOCAL PERMITS

13.1 Permit Research

Draft Permitting Technical Memorandum Included in DAP

Final Permitting Technical Memorandum 2 weeks following receipt of draft review comments

13.2 Local Permit Acquisition

Draft Permit Applications TBD

Final Permit Applications 2 weeks following receipt of draft review comments

14 DESIGN ACCEPTANCE PHASE (“DAP”)

14.1 DAP Narrative (RESERVED)

14.2 DAP DE/Deviation Summary Report

Draft DAP DE/Deviation Summary Report Incorporated into deliverables listed in draft DAP

Final DAP DE/Deviation Summary Report Incorporated into deliverables listed in final DAP

14.3 Prepare Construction Schedule and Cost

Estimate/ Conduct Constructability Review

Draft Construction Schedule Submit with draft DAP Final Construction Schedule Submit with final DAP Draft DAP Cost Estimate Submit with draft DAP Final DAP Cost Estimate Submit with final DAP Draft Constructability report Submit with draft DAP Final Constructability report Submit with final DAP

14.4 Draft DAP, Response to Review Comments and

Final DAP

Draft DAP 24 weeks from NTP

MicroStation and Inroads CADD files of draft

DAP

plans

24 weeks from NTP

Written compilation of Agency review comments

5 business days after DAW

Written summary on how Consultant addressed 4 weeks after DAW

Agency comments

Curb Ramp Inventory Worksheet of Curb Ramp locations

Submitted with Final DAP Package

All plans, and reports for the final

DAP

4 weeks after DAW

MicroStation and Inroads CADD files of final DAP Plans

4 weeks after DAW

15 RIGHT OF WAY…