ESB_RFCQ_Attach Round Butte Aggregate.pdf

Rev 01/2022

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 SERVICES AGREEMENT FORM

for the project

ESB Round Butte Sanding Aggregate Production Project

Contract Number

Resulting from Request for Competitive Quotes No. S‐73000‐00009753

Note: The Contract described in this agreement form is not a Public Improvement contract as defined in Oregon’s procurement code. However, ODOT has chosen to use the State of Oregon General Conditions for Public Improvement Contracts (“General Conditions”) as the governing terms and conditions for this contract. When the terms “Public Improvement Agreement” or “Public Improvement Agreement Form” are used in the General Conditions, for this contract those terms mean “Services Agreement” or “Services Agreement Form.”

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 Exhibit 3 General and Supplemental General Conditions Exhibit 4 Contract Closeout Compliance Checklist Exhibit 5 Narrative for Round Butte Cinder Pit – Prospective Material Source

ATTACHMENTS INCORPORATED FROM WEBSITES:

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 ‐ 2

Pricing will be inserted here prior to Bid Execution.

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:

Ramon Alonso 63055 N. Hwy 97. Bldg. M Bend, OR 97701 Phone: (541) 419‐9481 Email: Ramon.ALONSO@odot.oregon.gov

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

Substantial Completion Date: August 1, 2024.

Final Completion Date: August 1, 2024.

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, $600.00 per calendar day for each day elapsed in excess of the Substantial Completion date specified in Section 3 of this Agreement until Substantial Completion is achieved.

5. Certifications.

(a) Contractor certifies, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class”. As a material term and condition of this Agreement, Contractor must maintain, throughout the duration of this Agreement, a policy and practice that complies with ORS 279A.112, including but not limited to, giving employees written notice of the Contractor’s policy and practice.

(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 #: ___

CONTRACTOR’S AUTHORIZED SIGNATURE:

Title Date

OWNER’S AUTHORIZED SIGNATURE:

Title Date

Exhibit 1

TECHNICAL SPECIFICATIONS

PROJECT NAME: ESB Round Butte Sanding Aggregate Production Project

SCOPE OF WORK: Work includes producing and stockpiling or delivering and stockpiling 10,000 CY of specified aggregate and associated work.

WORK LOCATION: Approximately 7 miles west of Madras on SW Belmont Lane in the S 1/2 of Section 13 and N 1/2 of Section 24, T. 11 S., R. 12 E., W.M.

PROJECT MANAGER:

Ramon Alonso 63055 N. Hwy 97. Bldg. M Bend, OR 97701 Phone: (541) 419‐9481 Email: Ramon.ALONSO@odot.oregon.gov

APPLICABLE SPECIFICATIONS: The Specifications which are applicable to the work on this project are the 2024 Oregon Standard Specifications for Construction (“Standard Specifications”), which are by this reference incorporated herein and the Special Provisions. The Standard Specifications include detailed technical specifications in Sections 00200 and beyond that apply to this ITB and any resulting Contract.

Some sections of the technical specifications may be identified and modified in the Plans and Specifications. Sections of the technical specifications not identified in the Plans and Specifications remain applicable to the Contract according to their original terms.

Sections in Part 00100 of the Standard Specifications (General Conditions) are not applicable to the Contract unless they are specifically identified in the Plans and Specifications as being applicable.

However, if a Part 00100 section that has been identified as being applicable references another section in Part 00100, or a technical specification (Parts 00200 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 specification that referenced it. Bidders can access the Standard Specifications online at:

http://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx

COOPERATION WITH UTILITIES: This project is located within the Oregon Utility Notification Center area, which is a utilities notification system for notifying owners of utilities about work being performed in the vicinity of their facilities. The contractor shall notify owners of Utilities prior to the performance of work in the vicinity of their Utilities. The utilities notification system telephone number is 811 (or use the old number which is 1‐800‐332‐2344).

PAYMENT: Payment for all work under this contract is to be included in the bid items contained in the Bid Schedule. Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment, labor and incidentals necessary to complete the work as specified. There will be no separate payment for items not listed, as that work will be included in payment made for the items listed in the Bid Schedule.

PAYMENT TO CONTRACTOR: The Contractor shall be paid upon completion of contract work. A bill must be submitted to the Project Manager for payment processing. There shall be no retainage for work performed under this contract.

PRECONSTRUCTION CONFERENCE, SCHEDULE AND LIMITATIONS OF OPERATIONS: The Contractor shall meet with the Project Manager for a preconstruction conference at a mutually agreed upon time. Work shall commence within 10 working days of this meeting providing the Notice to Proceed has been received. At the preconstruction conference, submit a project schedule to plan, coordinate and control the progress of construction and traffic control installations. The project schedules will take into account the orderly, timely, and efficient prosecution of the work in sufficient detail to enable both the Contractor and the Project Manager to plan, coordinate, appraise, document, and control their respective contract responsibilities. The predicted Completion date(s) for the project schedule shall be within the specified contract time.

SECTION 00235 ‐ AGENCY PROVIDED MATERIAL SOURCES

Section 00235, which is not a Standard Specification, is included in this Project by Special Provision.

Description

00235.00 Scope ‐ This Work consists of utilizing Agency provided prospective or mandatory material source as the Contractor elects or as required for the construction of the Contract.

00235.01 Material Source Specific Requirements ‐ The following prospective material source, for the production of sanding aggregate, that may warrant investigation and consideration for use by the Contractor on this Project is as follows:

(a) Prospective Material Source, Round Butte Cinder Pit:

Source Number ‐ OR‐ 16‐007‐4

DOGAMI Number – 16‐0021

Location ‐ Approximately 7 miles west of Madras on SW Belmont Lane in the S 1/2 of Section 13 and N 1/2 of Section 24, T. 11 S., R. 12 E., W.M.

Access ‐ In Madras, turn west onto J Street at US97, MP 93.04 and go 7 miles on Belmont Lane.

Turn south onto County Road no. PU 3112 (Cinderpit Rd) and continue approximately 0.7 miles to fork in the road. Take left fork and continue 0.1 mile to source.

Available Area for Equipment Setup, Stockpiling, and Processing Aggregate:

Existing ‐ 2.0 acres

Development ‐ 0.0 acres

If the Contractor elects not to utilize the above listed source(s) 00160.60 applies.

00235.03 Laws ‐ Conduct operations within the material source according to all applicable State, county, and federal laws including mining and fire laws. Provide, operate, and maintain wildland firefighting equipment appropriate for the current fire levels on‐site at all times during all material source operations.

00235.04 Permits ‐ Copies of the Plans, permits, agreements and the material source narrative for the material source are available for inspection at the Project Manager's office. Operations within the material source shall conform to the stipulations and conditions of these documents and to all of the requirements of the Contract.

Subsection Source Name Documents

00235.01(a) Round Butte Cinder Pit

Department of Geology and Mineral Industries (DOGAMI) Permit, United States Forest Service (USFS) Contract for Sale of Mineral Materials

00235.05 Pre‐Work Meeting ‐ Before occupying the material source, attend a pre‐work meeting at the material source with the Engineer and the following owners or representatives:

Subsection Source Name

Contact Names and phone numbers

00235.01(a) Round Butte Cinder Pit

ODOT Geologist ‐ Bobbi Jean Cummiskey (541) 316‐9921 U.S. Forest Service representative ‐ Derrick Beal (530) 643‐

00235.06 Source Occupancy ‐ Coordinate material source occupancy with the Engineer. The material source information listed in Table 00235‐1 below shall be as shown. Do not operate beyond the material source Project boundary or in no Work area(s) as shown unless otherwise directed in writing.

Table 00235‐1

Subsection Source Name Source items shown

00235.01(a) Round Butte Cinder Pit

Project boundary, property control line, excavation area, existing access road, proposed access road, processing area, stockpile and processing area, overburden storage, rejects stockpile, oversize stockpile, safety berm, locked gate

00235.07 Source Development ‐ If proposing changes to the material source development plan, submit a source development plan as an unstamped Working Drawing according to 00150.35. Do not begin Work in the material source until the source development plan has been approved in writing by the Engineer.

Develop a site‐specific Erosion and Sediment Control Plan for the material source according to 00280.04 and submit it to the Engineer at or before the pre‐work meeting. Construct stormwater control berm(s) as needed to control runoff. Do not allow any materials, including sediments, Aggregate or crushing by‐products to enter into waterways or Wetlands.

Develop a site‐specific Pollution Control Plan for the material source according to 00290.30(b), and submit it to the Engineer at or before the pre‐work meeting. Include the following requirements in the Pollution Control Plan:

Do not discharge waste or by‐product if it contains any substance in concentrations that could contaminate Soils or result in harm to fish, wildlife, or water sources.

Store all potentially hazardous materials and solid waste in a manner that prevents seepage into the ground or groundwater sources. Lined sumps or pits are allowable options for storage. If pits or sumps are used, construct adequate berms or provide other measures to prevent breaching of the pits or sumps.

For materials capable of causing water pollution if discharged, locate storage facilities in an area that prevents spillage into waterways or Wetlands.

Construction

00235.40 General ‐ All vehicles and Equipment, prior to entering the site for the first time, and each subsequent time if the vehicle has left the Roadway outside the construction Project limits, shall be steam cleaned of all debris (soil, dirt, plant parts, and vegetative matter) before being brought back to the site. Notify the Engineer before moving each vehicle onto the site. Certify, in writing, that the Equipment has been steam cleaned.

00235.41 Restrictions and Protection of Resources ‐ Comply with the following for all operations within the material source:

Protect cultural resources according to 00290.50.

Protect migratory birds according to 00290.36(a).

Clear trees and shrubs between September 1 and March 1.

Do not utilize, contaminate, or disperse material from existing stockpiles. If existing stockpiles interfere with the Contractor’s operations, move the stockpiles to other locations within the material source area as directed, at no additional cost to the Agency.

Limit mineral and Aggregate extraction, crushing, processing, and Equipment operation activities including drilling activities to the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. Saturday unless modifications to these hours are requested in writing and approved by the Engineer. Do not conduct any operation on Sundays or legal holidays, as defined in ORS 279C.540.

Prior to each entry, provide public notice in the local newspaper regarding the closure of Jefferson County Road number PU 3112 (Cinderpit Road). Provide closure description, dates, and contract information to the Madras Pioneer (ph. 475‐2275/fax. 475‐3710) three weeks in advance of occupying the source and again at two weeks prior to allow time for publishing in the news paper at two weeks and one week prior to source operations.

(b) USDA Forest Service Owned Sources ‐ Material source Round Butte Cinder Pit 00235.01(a) is under Agency control through a "Contract for the Sale of Mineral Materials" agreement with USDA Forest Service. Operations within this material source shall conform to the requirements of this agreement, the Plans, and the Specifications.

00235.42 Source Setup ‐ Before proceeding with Work in the material source, the following apply:

(a) Access:

For material source Round Butte Cinder Pit 00235.01(a) minor realignment and widening of Jefferson County Road no. PU 3112 (SW Cinderpit Road), to accommodate the Contractor’s operations in the material source, is anticipated. An approximate location for the minor realignment and widening Work is shown on the Plans. Determine the exact location in the field. Obtain the Engineer’s approval before performing this Work.

For material source Round Butte Cinder Pit 00235.01(a) routine road maintenance activities such as grading and watering of the access roads do not need review or approval. Maintain or develop drain dips, water bars, road crowning, in‐slopes and out‐slopes during road maintenance.

For material source Round Butte Cinder Pit 00235.01(a) use overburden or existing, loose and non‐ stockpiled material or imported or clean soil or a combination of clean soil and rock, to construct a safety berm along the top edge of the new excavation or existing slopes as shown. Maintain a 10‐foot buffer between the top edge of the excavation or slope and the toe of the safety berm. Construct the berm 3 feet high, with side slopes of 1V:2H.

(b) Clearing and Grubbing ‐ Before stripping of overburden clear and grub all trees within the excavation area, to be developed for stockpile and processing and the area to be developed as access roads.

(c) Overburden ‐ Before excavating, including drilling and blasting when required, strip and stockpile all soil overburden from within the excavation area, from the area to be developed for stockpile and processing, and from areas to be developed as access road(s). Incorporate grass and small shrubs into the stockpiles. Do not remove grass or small shrubs from the overburden. Place stockpiles in the overburden storage area or safety berm. Maintain a minimum 10‐foot buffer strip between the toe of the overburden storage area(s) and the excavation area. Store overburden stripped from the stockpile and processing area as shown, a minimum of 10 feet from the toe of the Aggregate stockpiles. Smooth and contour overburden storage berms to form side Slopes no steeper than 1V:2H.

00235.44 Source Operations ‐ The following apply during material source operations:

Construct slopes and floor of the excavation area as shown.

To control dust, apply water to material source access, internal haul road(s), and crushing and processing operations.

For material source Round Butte Cinder Pit 00235.01(a) a water source is not available on‐site within the material source.

Stockpile scalpings and reject fines in separate and accessible stockpiles as shown.

For material source Round Butte Cinder Pit 00235.01(a) if the Contractor chooses to utilize this material source, maintain the condition of Jefferson County Road no. PU 3112 (SW Cinderpit Road) and SW Belmont Ln at SW Cinderpit Road at all times. Provide traffic control related to ingress and egress movements in a manner that allows a safe work zone and safe passage of vehicles.

For material source Round Butte Cinder Pit 00235.01(a) if the Contractor chooses to utilize this material source, construct a total of two double swinging gates on SW Cinderpit Rd at SW Belmont Ln, and on SW Cinderpit Rd. on the northern edge of the ODOT property line as directed. Construct gates according to Standard Drawing RD820 to accommodate a gate opening of at least 30 feet.

00235.45 Source Clean‐up ‐ The following apply at the completion of operations:

Leave no loose material on the site exceeding 1 foot diameter, except as noted below. Process all material loosened in the source by the Contractor that meets quality requirements, with the following exception(s):

For material source Round Butte Cinder Pit 00235.01(a) a maximum of 100 cubic yards of oversize material with a maximum dimension of 2.5 feet may be stockpiled in the material source.

Consolidate oversize material as shown.

Place all excess produced Aggregate remaining at the end of operations in separate and accessible stockpiles on Agency owned or controlled property in areas designated by the Engineer, at no additional cost to the Agency.

Leave the material source haul road(s) open. Do not rip or block the roads.

Remove all loose, hanging or potentially dangerous Rock on or above the excavated surface.

Pile and burn all construction slash and combustible debris resulting from use and development of the source, including the preexisting refuse identified at the pre‐work meeting, even if it is from outside the material source project boundary except for grass and small shrubs that are incorporated into the overburden. Comply with all open burning regulations in effect at the time of source occupancy. If burning is not allowed, all construction slash and combustible debris become the property of the Contractor, to be treated as noncombustible and removed from material source.

00235.46 Seeding:

For material source Round Butte Cinder Pit 00235.01(a) in addition to other areas with soil cover within the site disturbed by the Contractor's operations, stabilize the safety berm and overburden stockpile by seeding, mulching, and tackifying, as directed.

For material source Round Butte Cinder Pit 00235.01(a) provide the following seed mixture:

Broadcast Rate Common/Botanical Seed Name

4 lbs/acre Bluebunch Wheatgrass/Pseudoroegneria spicata

3 lbs/ acre Therbers needlegrass / Achnatherum therberianum

1.5 lbs/acre Idaho Fescue/Festuca idahoensis

1.5 lbs/acre Indian Ricegrass/Achnatherum hymenoides

2.2 lbs/acre Sandberg Bluegrass/Poa secunda

2 lbs/acre Bottlebrush Squirreltail/Elymus elymoides

0.3 lbs/acre Hoary Tansy Aster / Dieteria canascens

0.5 lbs/acre Blue Flax/Linum lewisii

Use only certified weed free seed. Provide copies of the certification to the Engineer.

Provide straw mulch according to 01030.15(b).

Apply a commercial straw mulch tackifier according to the manufacturer’s directions and at the recommended rate.

Apply seed and mulch according to Section 01030.

If conditions allow and the Contractor chooses, the area may be stabilized by applying seed using a range drill with a roller attachment. All areas seeded with the range drill and roller do not need to be subsequently covered with mulch and tackifier.

All variations to these requirements require written approval by the Engineer.

00235.47 Source Vacating ‐ Before vacating the material source the following apply:

Remove all structures, noncombustible debris, and equipment from the material source, even if it was pre‐existing, except for grass and small shrubs incorporated into the overburden.

Remove solid waste and hazardous material from the site and dispose of properly. These include, but are not limited to, plant cleanings, materials placed in sumps, tires, pipes, belts, screens and truck cleanings. Provide documentary evidence of proper disposal and verify the amount of material removed.

If a spill or dumping has occurred or if a spill or dumping is suspected to have occurred, the Contractor shall clean up the contaminated materials according to Section 00290. After clean up, the Engineer may, sample and test materials at the spill or dumping locations to verify the clean up has been completed. If the Engineer’s verification testing demonstrates remaining contamination, the Contractor shall perform additional clean up until the requirements of Section 00290 including 00290.20(g) are met

Attend a post‐work meeting at the material source to evaluate material source rehabilitation work with the Engineer and attendees listed under 00235.05.

Measurement

00235.80 Measurement ‐ No measurement of quantities will be made for Work performed under this Section.

Payment

00235.90 Payment ‐ No separate or additional payment will be made for Work performed under this Section. Payment will be included in payment made for the appropriate items under which this Work is required.

SECTION 00680 ‐ STOCKPILED AGGREGATES

Comply with Section 00680 of the Standard Specifications modified as follows:

Add the following subsection:

00680.11(c) Crushed Hard Rock Sanding Aggregates – If contractor does not utilize Round Bute Cinder Pit 00235.01(a) and utilizes a hard rock material source, provide sanding Aggregates meeting the following requirements:

(1) Grading ‐ Furnish clean, hard, and durable Aggregate in stockpiles meeting the following grading requirements:

Percent Passing Sieve Size (by Weight)

1/2" 100 3/8" 85 100 No. 4 75 ‐ 95 No. 8 6 ‐ 20 No. 30 0 ‐ 7 No. 200 0 ‐ 4

Perform sieve analysis according to AASHTO T 27.

Scalp the Rock or Gravel material from which the Aggregates are produced on a screen, the entire surface of which has openings not less than 1/2 inch in size. After the material has passed over the scalping screen, it shall contain not more than 5% by weight of material passing the 1/2 inch sieve. If quarry Rock is furnished, apply this requirement to the material after it has passed through the primary crusher. In addition 95% of the quarry Rock shall pass a 8 inch sieve following primary crushing.

(2) Elongated Pieces ‐ Elongated pieces in Aggregate larger than 1/4 inch shall be determined according to ODOT TM 229, with the proportional caliper device set at a ratio of 5:1, and shall not exceed 10 percent by weight of the material retained on the1/4 inch sieve.

(3) Fractured Faces ‐ Provide Aggregates consisting of broken stone, crushed gravel, or a combination of both. Crush Aggregate such that at least 90% by weight of the total aggregate retained on the No. 8 and larger sieves is fractured on two faces, as determined according to AASHTO T 335.

00680.11(d) Cinder Sanding Aggregates ‐If Prospective Material Source Round Butte Cinder Pit 00235.01(a) or other cinder material source is used, provide cinder sanding Aggregates in stockpiles meeting the following grading requirements:

Percent Passing Sieve Size (by Weight)

3/4" 100 1/2" 80 ‐ 95 No. 10 25 ‐ 50 No. 100 0 ‐ 16

00680.40(a) Source Sites ‐ Replace this subsection, except for the subsection number and title, with the following:

Prepare and develop the source site according to Section 00235.

00680.42 Places of Delivery ‐ Add the following to the end of this subsection:

If Prospective Material Source Round Butte Cinder Pit 00235.01(a) is used, deliver and stockpile Aggregate at the following locations:

Stockpile Site Location Quantity and Material to be Stockpiled

Round Butte Cinder Pit Stockpile Area 10,000 cubic yards Sanding Aggregate

If Prospective Material Source Round Butte Cinder Pit 00235.01(a) is not used, deliver and stockpile Aggregate at the following locations:

Stockpile Site Location Quantity and Material to be Stockpiled

ODOT Madras Maintenance Yard 201 NE Cherry Lane 4,000 cubic yards Sanding Aggregate Madras, Oregon 97741

ODOT Willowdale Stockpile Yard Highway 97 MP 73.7 6,000 cubic yards Sanding Aggregate

00680.70 Cleaning Up Source Sites ‐ Replace this subsection, except for the subsection number and title, with the following:

Clean up the source sites according to Section 00235.

00680.80 Measurement – Replace this subsection, except for the subsection number and title, with the following:

The quantity of Material will be measured according to the following:

• Volume Basis – ODOT will measure the completed neat stockpiles, the quantity of Material will be measured on volume basis, by digital terrain model of the complete neat stockpiles, with no allowance for settlement or shrinkage. The contractor shall monitor quantities during the production and provide notice when the full quantity is stockpiled.

Exhibit 2

PLANS

ESB Round Butte Sanding Aggregate Production Project

Exhibit 2 – Plans for the services required under this Contract are incorporated by reference as published on OregonBuys with the RFCQ.

Exhibit 3

GENERAL CONDITIONS AND SUPPLEMENTAL GENERAL CONDITIONS

This Request for Competitive Quotes and the resulting Contract for the ESB Round Butte Sanding Aggregate Production Project 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.

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):

(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.

Add the following Section B.5.2(e):

(e) It is a material term of the Contract that the Contractor certifies by entering into the Contract that Contractor has a written policy and practice that meets the requirements described in ORS 279A.112 (HB 3060, 2017) for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class and that the Contractor shall maintain the policy and practice in force during the entire term of the Contract.

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 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

(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.

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…