K21361_GEO5-2026-01_5-7-2026.pdf

Revision: 8/1/24 Page 1 of 19

Issue Date: May 7, 2026 Oregon Department of Transportation

Request for Bid No. GEO5-2026-01 Geotechnical Drilling Services: OR203: Milk Creek-Catherine

Creek Lane Realignment (Hall Ranch), Union County

Intermediate Procurement

Solicitation conducted per ORS 279B.070

THIS IS NOT AN ORDER

Non-Discrimination Notice ODOT in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Bidders that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit bids in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Return Date & Time: May 21, 2026, 5:00 pm PST

ODOT

Primary Contact:

Micah G. Lederer, C.E.G.

Engineering Geologist 63055 N Hwy 97, Bldg M Bend, OR 97703 Cell: (541) 240-7821

ODOT

Secondary Contact:

Scott D. Billings, C.E.G.

Senior Engineering Geologist 63055 N Hwy 97, Bldg M Bend, OR 97703 Cell: (541) 410-6693

Primary Contact Email:

micah.g.lederer@odot.oregon.gov Secondary

Contact Email:

scott.d.billings@odot.oregon.gov

Procurement Summary:

ODOT requests geotechnical drilling services for a proposed highway realignment project at Medical Springs OR203 (Hwy. No. 340) MP 9.78 – 11.40, approximately 9 miles southeast of the City of Union in Union County, OR. Two (2) track-mounted rotary geotechnical drilling rigs with dedicated crews and off-road capable support vehicles will be required. Unsecured off-shift staging is permitted on-site, and traffic control is not needed or required. A total of forty-five (45) geotechnical drill holes (DH21361-01 to -45) will be advanced to design depths ranging from 15 – 50 ft. below ground surface using Hollow Stem Auger (HSA) or up to 15 ft. into competent bedrock using HQ3T wireline coring. Final drill depths will be determined by the ODOT Field Representative based on the formation conditions encountered at each drill hole location.

All drill hole locations are off-highway and will be accessed from existing unimproved dirt roads and/or off-road overland travel. Minor brush clearing and/or grading by the Contractor will be needed to access and level drill sites at approximately ten (10) of the forty-five (45) drill hole locations, as described in the Technical Specifications. SPT sampling will occur at 2.5- to 5-foot intervals as specified or as directed by the ODOT Field Representative, and Shelby tube samplers may be deployed if cohesive fine-grained soils are encountered. The materials that are likely to be encountered include unconsolidated alluvial sediments (clay, silt, sand, gravel, and/or cobbles) and basalt bedrock at depth. The thickness of the unconsolidated alluvium unit is unknown, and bedrock may or may not be encountered at the proposed exploration depths. Services are to be provided in accordance with the attached Pricing Submittal, Technical Specifications, and Bid Items as described. Work is to begin on an agreed-upon date on or after September 1, 2026 and shall be completed by Friday, October 30, 2026.

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Bidding Information:

This procurement is being conducted as an intermediate procurement in accordance with ORS 279B.

No public bid opening will be held.

Any questions regarding this RFB should be directed to the ODOT contact(s) identified on page 1.

Please return bids via Oregon Buys eProcurement System only.

Attachments:

Attachment A - Technical Specifications & Bid Item Descriptions Attachment C - Insurance Requirements

Attachment B - Terms & Conditions Attachment D - Site Maps

Attachment E - Best Management Practices for Drilling Operations

Method of Award:

ODOT intends to award a Contract to the lowest responsible bidder whose offer complies with the requirements.

Offer that best serves ODOT, considering price and other factors including but not limited to recent performance on similar ODOT projects.

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Part 2: Pricing Submittal

Bidder company name: City/State:

The Bidder proposes to furnish all material, equipment and labor, and perform all work for ODOT, in strict accordance with the Request for Bids and Specifications, on the basis of the following prices:

Quantities indicated are intended to serve only as a guide to Bidders and are not to be construed as a guarantee.

All quantities are estimated and are for Bid purposes only. ODOT reserves the right to adjust (add or delete) quantities as needed. Payment will be made based on actual, measured quantities. Prevailing wages do not apply to this services contract.

Description Est Qty. Unit Unit price Total Price

1 Administration 1 Lump Sum

2 Mobilization 1 Lump Sum

3 Per Diem 1 Lump Sum

4 Drill Site Preparation 1 Lump Sum

5 TESC BMPs 1 Lump Sum

6 Drilling: Hollow Stem Auger 925 Foot

7 Drilling: HQ Triple Tube Wireline Core 435 Foot

8 Drilling: Mud Rotary 50 Foot

9 SPT Sampling 360 Each

10 Shelby Tube Sampling 16 Each

11 Stand By Time 1 Hour

12 Drill Hole Abandonment 1410 Foot

TOTAL BID PRICE:

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INSTRUCTIONS TO BIDDERS

BID REQUIREMENTS

Bids must be submitted through the Oregon Buys eProcurement System prior to the return date and time as specified on the cover sheet (page 1) of this Request for Bid.

To submit a bid for this solicitation, Bidders must include the following documents:

Request for Bid - cover sheet (copy of page 1) Bid Form (Part 2)

AWARD REQUIREMENTS (for selected Bidder only) Upon award of a contract, ODOT may request and require the selected Bidder to submit the following:

Certificates of Insurance Provide certificates of insurance to ODOT for required insurance coverage, if any.

Conflict of Interest (“COI”) Disclosures Provide all required conflict of interest disclosures, if any, per the ODOT COI Guidelines and COI Disclosure Form available at the following link:

http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx Bidder Responsibility Complete and provide a signed Responsibility Inquiry form within 2 business days of receipt of Intent to Award notice: http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section, Misc. Procurement Related Forms).

Nonresident Bidder Form If awardee is a nonresident Bidder {as defined in ORS 279A.120(1)} and the Agreement amount exceeds $10,000, the Bidder shall report to the Department of Revenue (using the Non-Resident Bidder Form, submit form prior to Agreement execution) the total Agreement price, terms of payment, duration of Agreement and such other information as the Department of Revenue may require before the Bidder may receive final payment.

http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.oregonlegislature.gov/bills_laws/ors/ors279a.html http://www.oregon.gov/ODOT/CS/OPO/docs/GTS/NonresBidder.pdf

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ATTACHMENT A

Technical Specifications

Project Location: The project is located in the vicinity of OR203 (Medical Springs Hwy. No. 340) MP

9.78 – 11.40, a rural two-lane highway approximately 9 miles southeast of Union in Union County, Oregon. A total of forty-five (45) geotechnical borings shall be advanced to depths ranging from 15 – 50 feet below ground surface (bgs) at the drill hole locations shown on Attachment D (Figures 1 – 8). All drill holes are located on forested agricultural lands, hillslopes, and river terraces on the west side of OR203 along the proposed highway realignment, which is 1.4 miles long and unimproved. Opposing ends of the alignment can be accessed from the off-highway staging areas (Staging Area A and B) shown in Attachment D (Figure 1: Site Overview). The alignment crosses a small stream (Milk Creek) approximately 350 feet southwest of Staging Area B.

Project Dates : All work (including Drill Site Preparation) shall begin on or after Tuesday, September 1, 2026, and shall be completed by Friday, October 30, 2026. The Contractor shall have a maximum of 20 consecutive Business Days to complete the project once on-site drilling commences. ODOT strongly encourages any Contractor with site-specific questions to contact ODOT Geology staff (see ODOT Contacts on Page 1) and conduct an in-person reconnaissance of the proposed drill sites. The Contractor must be accompanied by an ODOT representative to enter the site and shall notify ODOT Geology staff a minimum of 48 hours in advance of site visit to coordinate entry. Site visits may only occur Mon – Fri during normal business hours.

Liquidated Damages for Failure to Complete On Time Dates: Failure to complete the Work by the specified deadline, or within the 20 consecutive Business Day work period, will result in damage to the State of Oregon. Since actual damage may be difficult to determine, it is agreed that the Contractor shall pay to ODOT, not as a penalty, but as liquidated damages, up to $1,500 per Business Day for each day elapsed in excess of the 20 consecutive Business Days or final completion date until completion of the Work is achieved. The total liquidated damages may be deducted from final money due the Contractor.

Schedule: The Contractor shall mobilize two (2) drill crews with all labor, equipment, supplies, and materials necessary, and be prepared to begin work at the project site on a mutually agreeable date and time before the deadline noted above. The Contractor must provide ODOT with a proposed schedule within 15 calendar days of Notice to Proceed. Work on weekends and holidays is permitted with ODOT approval but is not required; nighttime work is not allowed.

Drill Site Preparation: The Contractor or a qualified subcontractor shall perform vegetation clearing (removal of shrubs and small trees <8” diameter) and grading on moderately steep natural slopes (estimated 30-60% grade) as needed to safely mobilize drilling equipment to and from drill hole locations and achieve a level drill site for the safe and routine operation of drilling equipment. Approximately ten

(10) of the forty-five (45) proposed drill holes, located at various points along the 1.4-mile proposed alignment, will require some amount of grading and/or brush clearing. Slash generated during drill site preparation activities may be left in discrete piles on-site. Some locations occur in or around culturally sensitive areas where vegetation must not be “grubbed” or removed below the ground surface and ground disturbance must be minimized. For this reason, a skid steer or compact track loader with a brush hog attachment is suggested for brush removal, and a chainsaw should be used to cut down small trees.

A compact excavator equipped with a dozer blade and grading bucket is suggested for the grading work.

Excavator attachments may vary depending on the equipment size and ground conditions, but a digging bucket should be readily available if dense or rocky subgrade is encountered. Disturbed ground must be stabilized with certified weed-free straw upon completion of grading activities. It is estimated that the Drill Site Preparation work will take 2-3 days to complete.

Please note that a cultural resources specialist must be present during all ground disturbing activities and tracked equipment use on the site. The Contractor shall provide ODOT with a schedule and point of contact for the Drill Site Preparation work at least two weeks prior to the start of work to facilitate coordination with cultural resources staff. Photographs of the site are provided in Attachment D. Note that field conditions at the time of drilling may differ from those pictured.

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Access and Staging: All drill hole locations will be accessed through locked gates and via off-highway staging areas in the vicinity of OR203 MP 9.8 (Staging Area A) and OR203 MP 11.0 (Staging Area B), as shown in Attachment D (Figure 1: Site Overview). Unsecured off-shift staging of equipment is allowed at both staging areas and at all drill sites, as well as the ODOT Maintenance Station in La Grande, at the sole risk of the Contractor. All drill holes are located off-highway, and the Contractor must be prepared to traverse soft and uneven or sloping ground; track-mounted drills are required, and off-road capable support vehicles (high clearance 4x4 or equivalent) are strongly recommended. While not required, a track-mounted carrier would be advantageous for transporting tooling and water to some drill hole locations. The Contractor should be prepared to cross Milk Creek, a small stream, with the geotechnical drill if conditions permit at the time of drilling. The Contractor may be required to temporarily roll up small sections of barbed wire livestock fencing to access portions of the project alignment and shall take appropriate precautions to prevent damage to culverts, fences, guardrail, utilities, and appurtenances during rig movements.

Personnel Requirements: The Contractor shall furnish two (2) drill crews consisting of two (2) lead drill operators, each with at least five years of experience with HSA and HQ3T wireline core drilling and licensed by the Oregon Water Resources Department (OWRD), and at least one journey level driller helper per rig as determined by the Contractor. ODOT has the authority to require the replacement of any of the Contractor’s personnel not exhibiting adequate capability or reasonable safety and responsibility in their job performance. Such replacement shall be made within 24 hours after ODOT provides notification to the Contractor.

Safety Equipment: The Contractor shall provide appropriate personal protective equipment for each crew member. All Contractor employees shall wear an orange or strong yellow/green, retro-reflectorized vest, shirt or jacket at all times. All reflective garments shall meet and be labeled ANSI 107-2015 standard performance for Class 3 exposures. An ANSI-standard, ODOT approved construction-type hardhat, hearing protection, and safety glasses shall be worn at all times. The Contractor is responsible for the safety of their personnel and shall abide by all appropriate OSHA regulations.

Fire Safety: Smoking is not allowed outside the enclosed cab of vehicles. Each vehicle shall be equipped with an axe or pulaski, a shovel, and a 2.5-pound fire extinguisher. All vehicles shall have factory-installed exhaust systems or equivalent. The Contractor is responsible for understanding and maintaining compliance with fire regulations at the time of drilling.

Permits and Underground Utility Locates: ODOT will submit an underground utility locate request to the Oregon Utility Notification Center and shall provide the Contractor with a copy of the utility notification ticket. The Contractor shall contact OUNC to modify the locate ticket as the Excavator.

Daily Work Log: The Contractor shall keep a tally sheet (Daily Work Log) of all applicable unit pay items listed on the Pricing Submittal Form for each day of drilling, including drilling method and footage, number and type of samples taken, stand by hours, and hole abandonment footage. At the end of each work day the Contractor and the ODOT Field Representative shall reconcile their records and shall each sign the daily work log. A copy of the work log shall be provided to ODOT daily. The daily work log is not a separate bid item and shall be considered incidental to one or another of the Contractor’s bid items.

Drilling & Sampling Requirements: The Contractor shall provide two (2) track-mounted geotechnical drilling rigs in good working order, each with a dedicated operator and crew, and off-road capable support vehicles (high clearance 4x4 or equivalent) with sufficient water-carrying capacity to sustain continuous daily drilling operations. The drill rigs shall be capable of Hollow Stem Auger (HSA), mud rotary, and HQ3T wireline core drilling. The HSA shall have an inside diameter large enough to allow for SPTs, Shelby tubes, and HQ3T wireline coring as directed. The Contractor must be capable of maintaining the amount of water onsite necessary to support uninterrupted drilling operations, even if drilling fluids cannot be recirculated due to losses to the formation. ODOT is not responsible for standby time incurred because of pauses in drilling to refill or transport water. The Contractor must have wood blocks suitable for cribbing (i.e., 8”x8” pressure treated lumber or comparable) and should be prepared to manually place and “key in” blocks to aid in leveling the drill on uneven or sloping ground.

https://digsafelyoregon.com/

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SPTs shall be driven with a standard auto hammer – cathead SPT hammers are not allowed due to worker safety and the need for standardized geotechnical testing specifications. The SPT sampling shall be done in accordance with ASTM D1586-18 at 2.5-foot to 5-foot intervals or as directed by the ODOT Field Representative. The ODOT Field Representative may direct the Contractor to obtain undisturbed cohesive soil samples using 3-inch Shelby tubes in accordance with ASTM D1587. If HSA refusal occurs before the design depth is reached, HQ3T wireline coring (or mud rotary) may be employed to advance the drill hole to bedrock at the discretion of the ODOT Field Representative. If or when bedrock is encountered, up to 15 feet of continuous core will be drilled. Any drilling method other than those specified by this Contract shall be negotiated and agreed upon with the ODOT Contract Administrator and the Contractor’s authorized representative prior to the use of alternate method(s).

The Contractor’s driller shall provide information regarding drilling rates, drill action, water return, and other relevant drilling information to the ODOT Field Representative to aid in the interpretation of subsurface conditions. Exact drill locations and depths shall be determined by the ODOT Field Representative. If groundwater is encountered at any hole location, the ODOT Field Representative may request up to one-half hour of standby at the time of drilling and upon completion to allow hole conditions to stabilize prior to measuring the water level.

Based on the anticipated drill depths, each drill may require up to 50 feet of HSA, 50 feet of drill rod, and 65 feet of HQ drill pipe. A minimum of 5 additional feet (single pipe joint) of each type shall be available on-site to ensure that the proposed drill depths can be achieved if a pipe joint is damaged or incidental loss occurs. Bit selection must be appropriate for the formation type(s) likely to be encountered in the project area (see Anticipated Subsurface Conditions section below). To minimize delays from tooling wear and breakage, the Contractor shall have minimum quantities of the following either on-site or the ability to have delivered overnight for each drill:

• HSA – One (1) extra lead auger and extra auger teeth.

• HQ3T – One (1) extra core barrel assembly, one (1) extra core lifter, ring and bit, and at least three (3) halves of the inner tube.

• Three (3) standard 2-inch diameter by 24-inch-long split spoon samplers, shoes, and sample catchers.

• Sixteen (16) Shelby tubes and caps.

Anticipated Subsurface Conditions: Regional geologic maps indicate that the project site contains unconsolidated alluvium (clay, silt, sand, gravel, cobbles) overlying extrusive igneous bedrock, which is mapped as andesite, dacite, olivine basalt, and basanite lava flows of the Powder River Volcanic Field.

Groundwater is likely to be encountered in some of the drill holes, potentially at shallow depths. These anticipated subsurface conditions are inferred from publicly available data, including maps and proximate well logs, and may not be representative of the actual subsurface conditions in the project area.

Drilling Water : Water capacity onsite should be sufficient to sustain continuous daily drilling operations, including if HQ3T wireline coring is required. Trucks and water trailers may have difficulty accessing some drill hole locations; the Contractor may elect to supply water to these locations by running hoses from the water carrier to the drill site(s) and should have sufficient hose length and pump capacity to transfer water to the drill(s) if required. The ODOT Field Representative will facilitate access to drilling water at the most proximate ODOT water source, which is located 24.8 miles/34 minutes away at the La Grande Maintenance Station, 3014 Island Ave., La Grande, OR 97850. Alternatively, a municipal hydrant is available for use at the Union Fire Department in the City of Union, 9.5 miles/15 mins away at 570 E Beakman St, Union, OR 97883. There is a usage fee associated with the municipal water source. If the Contractor elects to use this water source, ODOT will coordinate access and assist with obtaining necessary permissions from the City of Union, but the Contractor is responsible for tracking usage and providing payment to the city at the conclusion of the project or as requested by the city. If the Contractor elects not to use the ODOT or municipal source, they are responsible for locating and securing a source of water for all drilling activities. Regardless of the water source used, it is the responsibility of the Contractor to furnish or procure any hose fittings, valves, meters, hydrant wrenches, or other equipment required to obtain water, including adaptors to connect to existing fittings if required.

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Control of Drilling Fluids and Cuttings: The Contractor shall be prepared to take all reasonable precautions to prevent drill fluids and cuttings from entering any water ways in the project vicinity, including dry drainages. Drill fluids and cuttings may be directed to the surrounding ground surface for infiltration/dispersion above ordinary high water or collected at the drill hole collar and contained for recirculation or disposal. The discharge of drill fluid or cuttings into State waters is strictly prohibited. If there is any potential for drilling fluids to flow across the site and enter a stream, the fluids should be directed away from the stream and sediment barriers (such as straw bales or wattles, compost filter socks, or similar) should be installed and maintained until drilling is completed. The Contractor should be familiar with the temporary erosion and sediment control Best Management Practices (BMPs) described in the Bonneville Power Administration HIP Handbook Guidance of Programmatic Requirements, 2025

ed. (https://www.bpa.gov/-/media/Aep/environmental-initiatives/habitat-improvement-program/habitat-improvement-program-handbook.pdf) and must follow the Process Best Management Practices (BMPs) for Drilling Operations approved for this project and described in Attachment E.

Hole Abandonment: Drill holes will be considered temporary geotechnical holes as defined by OWRD.

The Contractor shall abandon the drill holes in accordance with the OWRD Administrative Rules for temporary geotechnical holes by backfilling with an approved method. If groundwater is encountered at any drill hole location, the hole should not be abandoned until the ODOT Field Representative has measured the water level in the hole upon completion of drilling activities. At the end of drilling each hole, the Contractor shall clean up the drill site, and drill cuttings should be spread out in a leveling fashion on the ground surface near the hole location.

Control of Fuels, Lubricants, and Hydraulic Fluids: The Contractor shall take all reasonable precautions to prevent fuel, lubricant, and/or hydraulic fluid leaks from all equipment on site. The Contractor shall be prepared to immediately clean up spills or leaks of any such materials and to prevent those materials from entering streams or water bodies. An oil absorbent medium or “Spill Kit” shall be on site for use in the event of a spill or leak. The Contractor shall not mobilize to the next drill hole or demobilize from the project until any spill(s) have been cleaned up to the satisfaction of the ODOT Field Representative. Vehicles and equipment should be inspected daily for fluid leaks, and refueling shall not occur within 150 feet of any natural water body.

Site Cleanup: At the end of each work shift, the Contractor shall leave the site clean and free of material generated as a result of the drilling operations by removing items such as material containers or bags, structures, construction debris, trash, or materials from any fluid spill cleanup.

OWRD Hole Reports: The Contractor shall prepare and submit the OWRD Geotechnical Hole Reports and related documents as required after drilling is completed. Copies of these reports shall be sent to ODOT within 15 days of the completion of drilling. Payment may not be authorized for work included in this contract until the Hole Reports have been completed and submitted to OWRD, and copies have been received by ODOT. The Hole Reports are not a separate bid item and shall be considered incidental to one or another of the Contractor’s bid items.

ODOT PROVIDED ITEMS:

• Coordination of utility notifications for underground utility locates.

• On-site Field Representatives to direct drill site preparation and drilling activities, collect soil and core samples, and log drill holes.

• Soil sample containers.

• Core boxes and wooden block spacers for HQ core samples.

• Portable sanitation facility.

• Prospective water source at the ODOT – La Grande Maintenance Station.

https://www.bpa.gov/-/media/Aep/environmental-initiatives/habitat-improvement-program/habitat-improvement-program-handbook.pdf https://www.bpa.gov/-/media/Aep/environmental-initiatives/habitat-improvement-program/habitat-improvement-program-handbook.pdf

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BID ITEMS:

Administration: This bid item will be considered payment in full for materials, equipment, labor, mileage, and incidentals related to the administration of this contract. This includes, but is not limited to, providing a schedule to ODOT within 15 days of Notice to Proceed, maintaining Daily Work Logs, coordination of equipment, supplies and personnel, and completion of OWRD Geotechnical Hole Reports.

Mobilization: This bid item shall be considered payment in full for all labor, equipment, mileage, materials, supplies, personal protective equipment, and incidentals necessary for mobilization to and around the project site. The project will require the mobilization of two (2) track-mounted drill rigs, dedicated water carriers and support vehicle(s), and all equipment needed to sustain drilling operations for the duration of the project.

Per Diem: This bid item is for the payment in full for the daily rate for all labor, personal protective equipment, mileage, and incidentals necessary for the daily living expenses of the Contractor’s personnel during the project. A typical day is measured based on requiring overnight accommodation.

Drill Site Preparation: This bid item shall be considered payment in full for all labor, equipment, mileage, materials, supplies, personal protective equipment, and incidentals necessary to prepare access routes and drill sites for safe mobilization by track-mounted drilling equipment and (if applicable) off-road capable support vehicles. Tasks may include vegetation removal to the ground surface (including small trees <8” diameter) and/or minor slope grade modification by cut/fill as determined by the Contractor.

TESC BMPs: This bid item will be considered payment in full for all materials, equipment, labor, and incidentals related to the provision and application of Temporary Erosion and Sediment Control (TESC) BMPs for erosion and sediment control, as described in the Technical Specifications. At a minimum, certified weed-free straw bales must be available for temporary soil stabilization during grading activities and for sediment control while drilling in the vicinity of streams or water bodies. Additional or alternative BMPs may be used at the discretion of the Contractor in accordance with the General Conservation Measures described in the Bonneville Power Administration HIP Handbook Guidance of Programmatic Requirements, 2025 ed. (https://www.bpa.gov/-/media/Aep/environmental-initiatives/habitat-improvement-program/habitat-improvement-program-handbook.pdf) Drilling – Hollow Stem Auger: This bid item will be considered payment in full for all materials, equipment, labor, and incidentals necessary to advance the drill hole using hollow-stem auger drilling equipment to the required depths (maximum of 50 feet total depth) or refusal. Drilling measurements and payment will be based on the nearest lineal half-foot.

Drilling – HQ Triple Tube Wireline: This bid item shall be considered payment in full for all materials, equipment, water, labor, and incidentals necessary to advance the drill hole using HQ triple barrel wireline coring equipment to the required depths (maximum of 65 feet total depth). Drilling measurements and payment will be based on the nearest lineal half-foot.

Drilling – Mud Rotary This bid item shall be considered payment in full for all materials, equipment, water, labor, and incidentals necessary to advance the drill hole using mud rotary drilling equipment to the required depths (maximum of 50 feet total depth). Drilling measurements and payment will be based on the nearest lineal half-foot.

SPT Sampling: This bid item will be considered payment in full for all materials, equipment, labor, and incidentals necessary to perform SPT tests using a standard 2-inch outside diameter by 24-inch-long split spoon sampler in accordance with ASTM D1586. SPT tests will be performed at 2.5-foot or 5-foot intervals as specified, or as directed by the ODOT Field Representative. Measurements and payment will be based on the number of tests taken. Supply a copy of the hammer’s efficiency, tested within the last six months.

Shelby Tube Sampling: This item will be considered payment in full for all labor, materials, equipment, and incidentals necessary to collect an undisturbed sample using a 3-inch diameter thin-walled Shelby Tube sampler in accordance with ASTM D1587. Payment shall be per soil sample. Shelby Tube samples shall be capped, taped, and delivered upright to the ODOT Field Representative immediately after recovery.

https://www.bpa.gov/-/media/Aep/environmental-initiatives/habitat-improvement-program/habitat-improvement-program-handbook.pdf https://www.bpa.gov/-/media/Aep/environmental-initiatives/habitat-improvement-program/habitat-improvement-program-handbook.pdf

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Stand By Time: This bid item shall be paid at an hourly rate to the nearest quarter-hour, with a maximum of four hours in any 24-hour period. Stand by time shall include all time during which the Contractor is unable to perform drilling work because of a directive from the ODOT Field Representative, with some exceptions described below. Down time resulting from a lack of required equipment or personnel, equipment maintenance, repair, or replacement, and site cleanup tasks and associated “housekeeping” shall be incurred at the Contractor’s expense unless written authorization is provided by ODOT. Time spent cleaning up spills, cleaning equipment for operations below ordinary high water, or addressing safety concerns requiring corrective action shall not be considered stand by time, even when performed because of a directive from the ODOT Field Representative. Stand by time may include delays due to hazardous weather, unknown subsurface contamination, or groundwater level measurements if directed by the ODOT Field Representative. Mobilization of drilling equipment between drill hole locations or acquiring water shall not be considered as stand by time.

Drill Hole Abandonment: This item will be considered payment in full for all labor, materials, equipment and incidentals necessary to abandon the geotechnical drill holes per OWRD requirements in accordance with the Technical Specifications above. Payment will be based on the nearest lineal half-foot for hole abandonment. Hole abandonment will only be measured and paid for once for each completed hole. Abandonment of previously abandoned section of the drill hole will not be counted twice.

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ATTACHMENT B

STANDARD TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS/SERVICES

Oregon Department of Transportation (ODOT)

1. DELIVERY: All deliveries shall be F.O.B. destination with all transportation and handling charges paid by Contractor, unless specified otherwise in the solicitation documents or Contract. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance when responsibility shall pass to ODOT except as to latent defects, fraud and Contractor’s warranty obligations.

2. INSPECTIONS: Deliverables furnished under this Contract shall be subject to inspection and test by ODOT at times and places determined by the ODOT. If ODOT finds Deliverables furnished to be incomplete, not in compliance with the solicitation specifications and this Contract, or defective in any way, ODOT, at its sole discretion, may either reject the Deliverables, require Contractor to correct any defects without charge, or negotiate with Contractor to sell the Deliverables to ODOT at a reduced price, whichever ODOT deems equitable under the circumstances.

If Contractor is unable or refuses to cure any defects within a time deemed reasonable by ODOT, ODOT may reject the Deliverables and cancel this Contract in whole or in part. Nothing in this paragraph shall in any way affect or limit the ODOT’s rights as Buyer under the Uniform Commercial Code (“UCC”), including but not limited to the rights and remedies relating to rejection under ORS

72.6020 and revocation of acceptance under ORS 72.6080. ODOT’s review, approval or acceptance of, or payment for, the Deliverables required under this Contract shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and Contractor shall be and shall remain liable to ODOT in accordance with applicable law for all damages to ODOT caused by Contractor’s negligent performance or failure of any of the Deliverables furnished under this Contract.

3. PAYMENT: Payment for completion of ODOT contracts is normally made within 30 days following the date the entire order is delivered or the date the invoice is received, whichever is later. After 45 days, Contractor may assess overdue account charges up to a maximum rate of two-thirds of one percent per month (8% per annum) on the outstanding balance (ORS 293.462).

4. STATE PAYMENT OF CONTRACTOR CLAIMS: If Contractor fails, neglects or refuses to pay promptly, as due, any claim for labor or services furnished to the Contractor or any subcontractor by any person in connection with the Deliverables provided under this Contract, ODOT may, but is not obligated to, pay such claim and charge the amount of the payment against funds due or to become due the Contractor under this Contract. The payment of a claim by ODOT pursuant to this paragraph shall not relieve the Contractor or its surety, if any, from obligation with respect to any unpaid claims.

5. REPRESENTATIONS AND WARRANTIES: All implied and express warranty provisions of the UCC are hereby incorporated by reference. Further, Contractor represents and warrants that –

– Contractor has the power and authority to enter into and perform this Contract,

– Contractor is an independent contractor as defined in ORS 670.600(2);

– Contractor’s provision of the Deliverables creates no potential or actual conflict of interest as defined in ORS chapter 244. Contractor shall immediately submit to ODOT an accurate and complete Conflict of Interest Disclosure Form if any disclosures are required per the ODOT COI Guidelines (available at https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx).

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

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– Contractor has for the six years preceding the effective date of this Contract complied with, and agrees that during the term of this Contract shall comply with Oregon Tax Laws and applicable tax laws of political subdivisions of this State;

– Contractor has no undisclosed liquidated and delinquent debt owed to the State of Oregon or any department or ODOT thereof;

– this Contract, when executed and delivered is a valid and binding obligation of Contractor, enforceable in accordance with its terms;

– unless otherwise stated in this Contract, all Deliverables are free and clear of any liens or encumbrances and shall be new (and, if applicable, the current model) and carry full manufacturer warranties;

– Contractor has full legal title to the Deliverables and that no other person has any right, title or interest in the Deliverables, which shall be superior;

– all Deliverables provided are free from defects in labor, material and manufacture and in compliance with the specifications set out in this Contract; and

– if Contractor is comprised of more than one legal entity (for example, a joint-venture or partnership), each such entity shall be jointly and severally liable under this Contract.

These representations and warranties are cumulative and are in addition to and not in lieu of any other representations or warranties found in this Contract or the law.

6. TERMINATION: (i) The parties may terminate this Contract in whole or in part by mutual agreement.

(ii) ODOT may terminate this Contract in whole or in part at any time upon written notice to Contractor. Upon receipt of the written notice, Contractor shall stop performance, and ODOT shall pay Contractor for Deliverables provided and accepted. (iii) ODOT may terminate this Contract at any time upon written notice to Contractor if ODOT fails to receive funding, appropriations, or other expenditure authority. (iv) ODOT may terminate this Contract for cause upon written notice to Contractor if Contractor breaches any Contract provision, representation and warranty, certification, obligation (including failure to cure deficiencies within the deadline set forth in a cure notice), or is declared insolvent. Contractor shall be liable for all damages resulting from its breach of the Contract, including, but not limited to all incidental and consequential damages as provided in the UCC and ORS

72.7110 to 72.7170.

7. REMEDIES: Any violation or breach of this Contract entitles ODOT to terminate this Contract (in whole or in part), to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to: termination of this Contract in whole or in part; collection by administrative offset or garnishment, if applicable, or withholding amounts otherwise due and owing to Contractor without penalty. The remedies set forth in this Section 7 are cumulative.

8. INDEMNIFICATION/HOLD HARMLESS: Contractor shall indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Oregon Department of Transportation, their officers, agents and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney’s fees, of whatsoever nature, resulting from or arising out of the acts or omissions of Contractor or its subcontractors, or their respective agents, officers or employees, under this Contract.

9. GOVERNING LAW, JURISDICTION, VENUE: This Contract is governed by Oregon law, without resort to any other jurisdiction’s laws. Any claim, action, suit, or proceeding between ODOT and Contractor that relates to this Contract (Claim) shall be heard exclusively in the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively in the US District Court for the District of Oregon. CONTRACTOR CONSENTS TO THE IN PERSONAM

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JURISDICTION OF THESE COURTS. Nothing in this Section or any other provision of this Contract shall be construed as a waiver by the State of Oregon of any form of defense, sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the US Constitution, or other immunity, from any Claim or from the jurisdiction of any court.

10. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign, sell, transfer, or subcontract rights, or delegate responsibilities under this Contract, in whole or in part, without the prior written approval of ODOT. No such written approval shall relieve Contractor of any obligations under this Contract, and any transferee or subcontractor shall be considered the agent of Contractor. Contractor shall remain liable to ODOT under this Contract as if no such transfer or subcontract had occurred. The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties to this Contract and their respective successors and permitted assigns.

11. TIME IS OF THE ESSENCE: Contractor agrees that time is of the essence under this Contract.

12. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond its reasonable control. ODOT may terminate this Contract without liability to Contractor upon written notice after determining the delay or default reasonably prevents performance of this Contract.

13. COMPLIANCE WITH APPLICABLE LAW: Contractor shall comply with all applicable federal, State and local laws, regulations, executive orders, and ordinances, as amended (Rules), including, without limitation, the provisions of: (i) Titles VI and VII of Civil Rights Act of 1964; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990; (iv) Executive Order 11246; (v) The Age Discrimination in Employment Act of 1967, and the Age Discrimination Act of 1975; (vi) The Vietnam Era Veterans’ Readjustment Assistance Act of 1974; (vii) ORS Chapter 659;

(viii) ORS 279B.020 and 279B.270; (ix) all other applicable requirements of federal and State civil rights and rehabilitation statues, rules and regulations; (x) all federal and State laws governing the handling, processing, packaging, storage, labeling, and delivery of food products; and (xi) all regulations and administrative rules established pursuant to the foregoing laws. ODOT’s performance is conditioned upon Contractor’s compliance with, 279B.220, 279B.225, 279B.230, and 279B.235, as applicable. All applicable Rules are incorporated by reference in this Contract.

14. PAYMENTS REQUIRED By ORS 279C.505 AND 279B.220: For all Deliverables provided under this Contract, Contractor shall (i) pay promptly, as due, all persons supplying labor or material; (ii) pay all contributions or amounts due the industrial Accident Fund from the Contractor or any subcontractor; (iii) not permit any lien or claim to be filed or prosecuted against the State, county, school district, municipality, municipal corporation or subdivision thereof; and (iv) pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

15. SAFETY AND HEALTH REQUIREMENTS: Contractor warrants Deliverables provided under this Contract comply with all federal Occupational Safety and Health Administration (“OSHA”) requirements and with all Oregon safety and health requirements, including those of the State Workers’ Compensation Division.

16. WORKERS’ COMPENSATION: Contractor shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless exempt under ORS 656.126(2). Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

17. SAFETY DATA SHEET (“SDS”) AND PRODUCT LABELING: Contractor shall comply with Hazard Communication requirements set forth in 29 CFR 1910.1200. As applicable, Contractor shall provide ODOT with an SDS for any Deliverables provided or products used under this Contract which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag or mark such Deliverables or products with required warnings.

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18. RECYCLABLE PRODUCTS: Unless otherwise required, Contractor shall use recycled and recyclable products to the maximum extent economically feasible in the performance of this Contract. These products shall include recycled paper, recycled PETE products, other recycled products (ORS 279A.010(1)(gg),(hh),(ii)), and other recycled plastic resin products.

19. FOREIGN CONTRACTOR/BUSINESS REGISTRATION: If Contractor is not registered to do business or has no office in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to the Contract. ODOT may withhold final payment under this Contract until Contractor has met this requirement.

20. ACCESS TO RECORDS: Contractor shall maintain all fiscal records relating to this Contract in accordance with generally accepted accounting principles and shall maintain any other records relating to this Contract in such a manner as to clearly document Contractor’s performance hereunder. ODOT, the Secretary of State Audits Division and their duly authorized representatives shall have access to such fiscal records and to all other books, documents, papers, plans and writings of Contractor which relate to this Contract to perform examination and audits and make excerpts and transcripts. To the extent provided by law, the federal government shall be entitled to the same access as ODOT. Contractor shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of 6 years, or such longer period as may be required by applicable law following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

21. SEVERABILITY: If any provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular provision held to be invalid.

22. WAIVER: No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this Contract shall not constitute a waiver by ODOT of that or any other provision.

23. AMENDMENTS: All amendments to this Contract must be in writing and signed by ODOT.

24. TAX COMPLIANCE AND CERTIFICATION: Contractor’s failure to comply with Oregon Tax Laws or applicable tax laws of political subdivisions of this State for the six years before Contractor executed this Contract or during the term of this Contract is a default for which ODOT may terminate this Contract and seek damages and other relief available under the terms of this Contract or under applicable law. By entering this Contract, Contractor hereby attests and certifies under penalty of perjury: (a) the number provided to ODOT is the correct Federal Employer Identification Number;

(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding; and (c)(i) it has complied with and is not in violation of any Oregon Tax Laws including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318, or applicable tax laws of any political subdivisions of this State, and (ii) for the six years preceding the date of this Contract Contractor has been in compliance with Oregon Tax Laws and the applicable tax laws of political subdivisions of this State.

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25. PERFORMANCE STANDARDS: Contractor shall meet the highest standards prevalent in the industry or business most closely involved in providing the Deliverables required under the Contract.

26. FAILURE TO PERFORM: The consequences for Contractor’s failure to perform the scope of work identified in the Contract, meet the delivery schedule requirements, meet established performance standards, or to cure deficiencies within the stated deadline, may include, but are not limited to: (i) Reducing or withholding payment; (ii) Requiring Contractor to perform, at Contractor’s expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or (iii) Declaring a default, terminating the Contract and seeking damages and other relief available under the terms of the Contract or other applicable law.

27. DEBT RECOVERY: The State may undertake collection by administrative offset, or garnishment if applicable, of all monies due for Deliverables to recover liquidated and delinquent debt owed to the State of Oregon or any department or ODOT of the State. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law.

28. ORDER OF PRECEDENCE: The terms and conditions set forth…