Mini RFP ORBuys 73000 00009526 35942 OR 6 CACEI Bridge K21737 Posted_.docm

OREGON DEPARTMENT OF TRANSPORTATION

A&E Services MINI-RFP/ OregonBuys Bid Solicitation Number :73000-00009526 (PCMS Number: 35942) for Work Order Contract (“WOC”) Assignment Under Price Agreement (“PA”) series B39090 to B39097 (CA/CEI)

[NOTE: Only Consultants that have been awarded a PA in the above PA series may respond to this Mini-RFP.]

Project Name: OR6: Devils Lake Fork Wilson River Bridge

Project Location: Region 2

ODOT Key Number: 21737

DBE Participation Goal: 3% (see section 1.5.1 for more information)

PROPOSAL SUBMISSION DEADLINE: See “Bid Opening Date” and time for this Mini-RFP in OregonBuys.

Buyer/Single Point of Contact: See “Buyer” for this Mini-RFP in OregonBuys.

Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Buyer”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Ending Date” and time in OregonBuys).

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.

SECTION 0.0 OREGONBUYS

This Mini-RFP is advertised in OregonBuys (https://oregonbuys.gov/bso/) as a Bid Solicitation, which is open only to registered vendors that have an existing PA with ODOT for the needed Services.

0.1 INFORMATION AND ATTACHMENTS INCORPORATED FROM OREGONBUYS

In addition to the provisions set forth and linked within the Mini-RFP, the Mini-RFP incorporates by this reference the information published on the OregonBuys Bid Solicitation page for this Mini-RFP, including but not limited to:

· The Bid Ending Date and time specified under the Active Bid Solicitation section;

· The Buyer name and contact information specified in the Header Information section;

· Any documents, forms, or other files linked in the Bid Solicitation Attachments section.

0.2 CROSSWALK OF TERMS USED IN OREGONBUYS

Definition of terms used in OregonBuys.

Bid Ending Date means “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required for a Bid Solicitation.

Change Order means A formal change to an existing MBPO (i.e., any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or WOC).

Master Blanket Purchase Order (“MBPO”) means Any form of contract, agreement (i.e. price agreement, on-call contract, etc.), purchase order or WOC.

Quote means Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation or a Mini-RFP.

Vendor means Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter into Purchase Orders, MBPOs, or Release Requisitions pursuant to a Bid Solicitation or Mini-RFP advertised in OregonBuys.

0.3 GUIDANCE FOR OREGONBUYS

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage: https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx.

The Devils Lake Fork Wilson River Bridge is located on OR6 MP 31.99-32.11, and was built in 1940, Structure # 02472. The structure is approximately 591' long, curb to curb width of 26', and has 9 main truss sections.

The Project consists of removal of deteriorated coating material and application of ODOT approved coating materials. Rivet and/or bolt replacement will also be needed if identified during surface preparation.

Oregon Department of Transportation (“Agency” or “ODOT") is requesting supplemental information regarding specific A&E and Related Services experience relevant to the above referenced public improvement (the “Project”). The needed Services are further described in the attached Statement of Work (SOW). The expected outcome of the WOC is to provide contract administration services for the oversight of construction activities. Proposers responding to the Mini-RFP do so solely at their expense. Agency is not responsible for any Proposer expenses associated with the Mini-RFP.

The selected Proposer and Agency will negotiate the delivery schedule, costs and final Statement of Work, within the scope of what is advertised here, for inclusion in the final WOC.

The WOC is anticipated to start May 2024, and is expected to be completed by September 2026. Pending successful negotiations, the selected Proposer shall perform its obligations according to the WOC and applicable terms and conditions of the parent PA and exhibits thereto. Agency anticipates the construction budget for this Project will not exceed $6,835,100.00.

Funding Source(s):

FHWA

State WOC Payment. Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with PA requirements and all applicable standards. The method of compensation will be determined by Agency and may be based on any of the following methods (may include more than 1 method – “Mixed”):

· Cost Plus Fixed-fee, up to a maximum NTE amount;

· Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;

· Time and Materials, up to a maximum NTE amount;

· Price per Unit.

For further information see PA, Exhibit B “Compensation”.

Offer Period: A Proposer's Proposal is a firm offer, irrevocable, valid and binding on the Proposer for not less than 180 days following the closing date for this Mini-RFP. Agency may request, either orally or in writing, that Proposer extend the offer period in writing.

Contingent upon Agency need and available funding, Agency may (for up to 4 months following the close of this Mini-RFP), in Agency’s sole discretion, make additional award(s). Agency may select the next ranked responsible Proposer who has submitted a responsive proposal (provided Proposer agrees to an extended offer period, which would cover the balance of the 9 months, if at that time the offer period stated in the paragraph above has expired or soon will expire), issue an intent to award. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency reserves the right to require confirmation of the qualifications of any Proposer.

The “Buyer” identified in OregonBuys for this Mini-RFP is the Agency’s Single Point of Contact for this solicitation. All inquiries regarding this procurement, whether relating to the Mini-RFP process, administration, deadline or award, potential COI issues, or to the intent or technical aspects of the Services must be submitted in writing via e-mail to the Buyer. Failing to follow the foregoing requirements regarding the Buyer/Single Point of Contact for inquiries may result in Proposal rejection by Agency.

All questions must be received not later than 5 business days prior to the Proposal submission deadline.

Question and Answer documents, if any, will be posted on OregonBuys (in the Bid Solicitation Attachments section for this Mini-RFP) to respond to inquiries that Agency determines, in its sole discretion, do not effect changes to this Mini-RFP. Question and Answer documents provide clarifications and interpretations but do not change Mini-RFP requirements.

1.2.2 ADDENDA

Answers to questions Agency receives and that Agency, in its sole discretion, determines are substantive and provide new information, will be issued as official Addenda to this Mini-RFP. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of the Mini-RFP will be issued as Addenda to this Mini-RFP. Changes or modifications to this Mini-RFP will be binding on Agency only if in the form of written Addenda issued by the Agency. Any Addenda to this Mini-RFP will be published on OregonBuys in the Bid Solicitation Attachments section for this Mini-RFP.

1.3 PUBLIC RECORDS

After the evaluation/selection and negotiation process is complete, Proposals will be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure under the various grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Identifying the Proposal in whole as exempt from disclosure is not acceptable. If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed to waive any future claim for non-disclosure of that information.

· Items in Section 1.4 marked as “PASS/FAIL” that are incomplete (except for minor informalities), not submitted by Proposal due date and time, or are otherwise not in substantial conformance with the requirement, will be rejected as non-responsive. Proposals must comply with ALL requirements marked as “PASS/FAIL” to be considered for further evaluation.

1.4.2 REQUIRED ITEMS AND SCORING DEDUCTIONS

· Proposals will receive a 2 point scoring deduction, based upon the total available points, for each item in Section 1.4 marked as “REQUIRED” that is incomplete (except for minor informalities) or not submitted with the Proposal in substantial conformance of the requirement. Incomplete or missing items must be completed and submitted within 2 business days of e-mail request by Agency (this does not apply to “PASS/FAIL” items which must be submitted by Proposal due date and time). Missing or incomplete items must be delivered via e-mail. In order to provide an appropriate time stamp. Failure to complete and deliver missing or incomplete “REQUIRED” items within 2 business days of request by Agency shall result in Proposal rejection. Time limitations will be based upon the time of the e-mail sent by Agency and the time of the e-mail sent in response to Agency notification. ·

· Proposals not in conformance with the 12-point minimum font requirements for substantive text (including text in tables) and 11-point minimum font size for resumes or Key Staff Resume form (if required) will receive a 3 point scoring deduction and will not be sent back to Proposer for correction.

· Scoring deductions are on an average score per Proposal basis and not a deduction per evaluator. For example, if a Proposer received an average score of 92 points from the evaluation committee, a 2 point scoring deduction would result in a Proposal score of 90.

1.4.3 PROPOSAL

The Proposal must describe how Proposer meets the requirements that are specified in this Mini-RFP as related to the scoring criteria below. Be clear and concise.

The Proposal must include a completed Proposal Cover Sheet using the form Attachment A - Proposal Cover Sheet (located on the Bid Solicitation Attachments section in OregonBuys), with the “APPROVED” checkbox marked to certify approval.

1.4.6 PROPOSAL SUBMISSION DEADLINE (PASS/FAIL)

Agency will not accept Proposals submitted after the Proposal submission deadline, which is specified as the Bid Ending Date and time for this Mini-RFP in OregonBuys.

1.4.7 SUBMITTAL FILE SIZE AND REQUIRED FORMS (REQUIRED)

The total combined size of all files for Proposal, Coversheet and any forms must not exceed 5 megabytes.

· (REQUIRED) Key Staff Resumes form (using Agency form and minimum 11-point font). Key Staff Resumes form is, available at: https://www.oregon.gov/odot/Business/Procurement/DocsPSK/keystaff.docx.

1.4.8 SUBMITTAL VIA OREGONBUYS

All required submittals must be submitted via OregonBuys (submittals by any other means will be rejected).

When submitting a Proposal (“Quote”) in response to this Mini-RFP:

· Do not enter pricing or any other information in the Item Information section.

· Select the “Confidential” checkbox on the Create Quote page when uploading Proposal and any other files (“Quote”).

1.4.9 FORMAT FOR PROPOSAL AND PAGE LENGTH LIMITATION

The Proposal must be organized in accordance with the list of Scoring Criteria categories in Section 2.2. The Proposal must not exceed 3 pages, excluding Proposal Cover Sheet, any tabs or indexes, table of contents, BOC or other price information (if applicable), “Key Staff Resumes” (if required, including any limitations, in Section 2.2), and Reference Forms (if required). If a Proposer submits a Proposal exceeding this limit, Agency will consider the pages up to the allowable page limit and discard all subsequent pages. The Proposer may choose how to allocate the number of pages between any sections, within the overall page limit.

One Page is defined as: one side of a single 8-1/2" x 11" page, with 12-point minimum font size for the substantive text (including text in tables) and 11-point minimum font size for resumes or Key Staff Resume form. Any page over this size will be counted as 2 pages. Any page, or partial page, tabs, indexes or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page.

· The Proposal Cover Sheet, Proposal, Key Staff Resumes and Reference Forms must be submitted as a single combined pdf file.

· Conflict of Interest (“COI”) information (see Attachment A, Coversheet) must be submitted as a separate pdf file.

(REQUIRED) Proposals must use 12-point minimum font size for the substantive text in Proposals (including text in tables). “Key Staff Resumes” (if required) or other resume formats (if required) must use an 11-point minimum font. Proposers may use their discretion for the font size of other materials that do not include substantive text (e.g. headings, graphics, picture or graphics captions, and org charts). If hard copies are required, Proposers are to submit Proposals on recycled white paper (stapled only), without binders or cover-stock. If a Proposer submits a Proposal with cover-stock or binding, Agency will remove and recycle them.

1.4.10 TERMS AND CONDITIONS (PASS/FAIL)

Unless otherwise provided in this Mini-RFP, by submitting a Statement of Proposal (SOP), each Proposer agrees to be bound by and comply with the terms and conditions of the Proposer’s existing PA, as amended. Any SOP that is conditioned on Agency’s acceptance of terms and conditions other than those set forth in the existing PA and the requirements specified in this Mini-RFP (as they may be revised by an addendum to this Mini-RFP) will be rejected as non-responsive.

1.4.11 OTHER MINIMUM REQUIREMENTS REQUIRED

Proposer must clearly indicate on Attachment A - Proposal Cover Sheet how they meet each of the minimum requirements listed in this Section 1.4.11.

The WOC will include Federal funding:

· A DBE participation goal is not being assigned to the proposed WOC (“No-Goal” assignment).

See PA Exhibit E or, for No-Goal WOCs, Exhibit E.1for:

· information on reporting requirements and how credit toward meeting an assigned DBE participation is determined (for goal and no-goal WOCs), and

· further explanation and description of the DBE program.

information.

Agency will evaluate Proposals in accordance with the Pass/Fail criteria identified in Section 1.4. Proposals meeting those criteria will be forwarded to an evaluation committee of at least 3 members that will independently review, score and rank Proposals according to the Scoring Criteria set forth in Section 2.2.

The outcome of the Evaluation process may, at the Agency’s sole discretion, result in:

(a) notice to Proposer(s) of selection or rejection for WOC negotiation and possible award;

(b) further steps to gather additional information for evaluation, (e.g. checking references, notice of placement on an interview list, requesting clarification); or

(c) cancellation of the Mini-RFP and either re-issuance of the Mini-RFP in the same or revised form or no further action by Agency with respect to the Mini-RFP.

Agency reserves the right to reject any or all Proposals and reserves the right to cancel this Mini-RFP at any time if doing either would be in the public interest as determined by Agency. Agency is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals will become property of Agency and part of the public file without obligation to Agency.

2.1.2 INTERVIEWS/FOLLOW-UP QUESTIONS

Agency may conduct interviews/follow-up questions. If interviews/follow-up questions are conducted, the following will apply:

· The number of Proposers selected for interviews/follow-up questions is at the sole discretion of Agency.

· A minimum of 3 evaluators shall score the interviews/follow-up questions;

· Interview/follow-up question scores (up to a maximum of 50 points) will be combined with the other criteria scores to arrive at a total score. The total score will be ranked to determine the apparent successful Proposer.

· Interviews normally require physical attendance at Agency’s offices; however, Agency may elect to conduct interviews via teleconference or video conference. Further details will be included with notification of time and date of interviews, if conducted.

· Evaluation and scoring will be based on one or more of the following criteria:

· Understanding of Requested Services

· Technical Approach

· Project Management/Cost Effectiveness

· Proposer’s General Qualifications

· Proposer’s Capabilities

· Proposer’s Relevant Experience

· Project Team and Qualifications

2.1.3 RESERVED

2.1.4 AGENCY QUESTIONS

Agency may require any clarification it needs to understand the Proposer’s Proposal. Any necessary clarifications or modifications which are in the best interest of the Agency may be made before the Proposer is awarded a WOC, and some or all of the clarifications or modifications may become part of the final WOC.

2.1.5 METHOD OF AWARD

The total scores and selection for tentative WOC assignment will be determined as follows:

· Total Proposal Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators, minus any SCORING DEDUCTIONS received per Section 1.4.

· Total Interview Score (if conducted) = Total of all evaluator scores for a given interviewee, divided by the number of evaluators.

Final Score = Total Proposal Score plus Total Interview Score (if conducted) plus Total Reference/Performance Scores (if conducted).

Agency will negotiate the payment amount and methodology with the top ranked Proposer (based on Final Scores). If negotiations are not successful, Agency may terminate negotiations with the top ranked Proposer and may begin negotiations with the next highest ranked Proposer and so on, until successful negotiations are completed or Agency determines that cancellation of this Mini-RFP is in the best interest of the State.

2.2 SCORING CRITERIA

Proposal scoring will be based on the criteria stated in the subsections below.

2.2.1 EVALUATION ITEM 1 – CAPACITY MAX POINTS: 50

Describe Proposer’s current and projected workload and capacity to accomplish the work in the required time. Include workload information for the Inspector and key staff proposed for use on this Project (including subs, if any).

2.2.2 EVALUATION ITEM 2 EXPERINCE MAX POINTS: 50

· Describe your firm’s qualifications and proficiencies to complete the requested Services.

· List projects and contract services performed within the last 3 years by type and location, most comparable to the requested Services.

· For a total of 3 of the most recent projects or contracts (in any combination) listed, include a brief description of project type, size, location, duration and objectives; a chronological timeline describing the tasks performed by the Proposer to fulfill the project objectives; and the actual project budget.

2.2.3 EVALUATION ITEM 3 – MAX POINTS: 30

KEY STAFF:

· Complete “Key Staff Resume for CA/CEI Services” forms (See Section 1.5.4) for, at a minimum, the following team members (whether they are from the prime or a sub) for the CA/CEI services in this project.

· Project Manager

· Quality Control Manager(s) - responsible for ensuring all quality requirements of the Contract are fulfilled.

· Certified Quality Control Compliance Specialist(s) - ODOT certified in the testing disciplines outlined in Section 2 of the Manual of Field Test Procedures. Refer to the QCCS Manual, Chapter 1 for specific duties and functions these certified technicians would perform.

· ODOT Certified Inspector(s) - Refer to the Inspection Certification Program document for more information.

· An Oregon registered Professional Engineer must be in responsible charge of CA/CEI Services

Key Staff Resumes for CA/CEI are not included in the Proposal page limit identified for this RFP; however, a maximum of 3 Key Staff Resumes may be submitted on a maximum of 3 pages. Fields on the Key Staff Resume for CA/CEI Services form may be resized but the submittal may not exceed 3 pages with 3 resumes. Any resumes submitted beyond this limit will be discarded by Agency and will not be included in the evaluation.

2.3 AWARD REQUIREMENTS

2.3.1 COST DATA

Following development of the Statement of Work, the selected Proposer shall submit a detailed Breakdown of Costs ( BOC or BOC-NBR, as applicable, available at https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx) with cost information as required in the WOC Assignment and Requirements Exhibit of the PA.

2.3.2 COMMITTED DBE BREAKDOWN AND CERTIFICATION FORM-AE

During negotiations of the WOC, Consultant shall submit a Committed DBE Breakdown and Certification Form-AE (one for each DBE subcontractor that will be utilized) if a DBE goal greater than 0% is assigned to the WOC. [Note: The Committed DBE Breakdown and Certification Form-AE will not be required for WOCs with no goal assignment or if a DBE goal is not required (i.e., if WOC includes no federal funding)]. The Committed DBE Breakdown and Certification Form-AE must be submitted and approved prior to WOC execution and shall be used to determine Consultant’s responsiveness to the DBE requirements. See PA Exhibit E, DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISIONS for detailed requirements.

The Committed DBE Breakdown and Certification Form-AE is available at: https://www.oregon.gov/odot/Forms/2ODOT/7345235.pdf.

2.3.3 PROPOSER RESPONSIBILITY, DEBT OWED to STATE

Agency may reject an offer and rescind the Intent to Award notice if Agency determines Proposer is not responsible or if Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

Form M001-B073123

SAMPLE EXHIBIT A.1 -

Statement of Work and Delivery Schedule for Construction Contract Administration and Construction Engineering & Inspection (“CA/CEI”)

Construction Project Name: OR6: Devils Lake Fork Wilson River Bridge (the “Project”) Project Location: OR6 MP 31.99 – 32.11.

Price Agreement/Contract No.: TBD ; WOC No.: TBD ;

Key No.: 21737

Name:

Address:

Phone:

Fax:

Email:

Agency’s Project Manager (“APM”) for CA/CEI Phase

Address:

Fax:

Email:

Consultant’s Project Manager (“PM”) for CA/CEI Phase

[Enter name and contact info for PM. The PM is the Consultant’s primary contact for the Project and is responsible for coordination and completion of all Consultant Services/Deliverables. The PM must be a licensed Professional Engineer.] ______@_____.com

Email:

Agency’s Contract Administrator [Information is same as above]

Name:

Phone:

Email:

Alternate Contact for Consultant [this information is optional]

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

Leave the TOC in final CA/CEI SOW. Prior to executing contract/WOC, right-click in TOC, select “Update Field”, then “Update entire table”] Table of Contents

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES This Exhibit A.1 includes the statement of work for CA/CEI Services (CA/CEI SOW) required for the Project. The delivery schedule is provided in the “Deliverables and Schedule” section of each task in section E.1.

The CA/CEI Services will culminate when Consultant has completed all tasks and provided all deliverables as required and Agency issues Final Acceptance of the Project according to Standard Specification Section 00110.20.

Note: Reference to “PA or Contract” in this CA/CEI SOW means whichever is applicable. “PA” is applicable if this is a WOC or WOC Amendment. “Contract” is applicable if this is a Contract or Contract Amendment.

Background The Devils Lake Fork Wilson River Bridge is located on OR6 MP 31.99-32.11, and was built in 1940, Structure # 02472. The structure is approximately 591' long, curb to curb width of 26', and has 9 main truss sections.

The project consists of removal of deteriorated coating material and application of ODOT approved coating materials. Rivet and/or bolt replacement will also be needed if identified during surface preparation.

Definitions and Acronyms [Include the following without additions, deletions, or revisions.]

DEFINED TERMS

ACRONYMS

B. STANDARDS and GENERAL REQUIREMENTS [Subsections 1 thru 4 must be included without any additions, deletions, or revisions except as noted in subsection 4.]

1. Standards applicable to CA/CEI Services Consultant shall perform all Services in accordance with the professional standard of care set forth in the PA or Contract.

Consultant shall complete the CA/CEI Services in accordance with the current version in effect of the ODOT Construction Manual, the Quality Control Compliance Specialist ("QCCS") Handbook, the Manual of Field Test Procedures, the ODOT Inspector's Manual, ODOT’s ADA Inspection Submittal Guides for push buttons and curb ramps, and the PA or Contract.

The standards, manuals, directives, and other procedural guidance identified are not exhaustive and may not include all applicable standards for a given project. Consultant shall be responsible for determining all applicable practices and standards to be used in performing Professional Services and Related Services. Consultant shall inform and demonstrate to Agency if standards, directives, or practices required by Agency in performance of the work are insufficient, in conflict with applicable standards, or otherwise create a problem for the design or construction. Should the requirements of any reference, standard, manual or policy referenced conflict with another, Consultant shall request Agency in writing to resolve the conflict.

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

When the Services under a WOC or Contract include inspection of curb ramps, sidewalks, or pedestrian-activated signals (new, modifications, or upgrades), all such inspections shall include inspection for compliance with the standards and requirements in a. and b. above. Inspections must be performed by ODOT certified inspectors (which must include certified environmental inspectors when appropriate). In addition, upon completion of each ramp, Consultant shall complete the applicable curb ramp-specific ODOT Curb Ramp Inspection form 734-5020(A-H) for each curb ramp constructed, modified, upgraded, or improved as part of the Project. In addition, upon completion of each pedestrian-activated signal, Consultant shall complete the applicable ramp-specific ODOT Push Button Inspection form 734-5245(A-B) for each curb ramp constructed, modified, upgraded, or improved as part of the Project. Each completed form must be submitted electronically by clicking the “Submit by E-mail” button on the form (and cc APM). The forms are documentation required to show that each curb ramp meets ODOT applicable standards and is ADA compliant. ODOT’s fillable Curb Ramp and Push Button Inspection Forms and instructions are available on ODOT’s Engineering for Accessibility webpage.

Above references to curb ramps, sidewalks or pedestrian-activated signals also include, when applicable, shared use paths, transit stops, park-and-rides and on-street parking.

Unless otherwise specified in a WOC or Contract, the most current version of applicable standards, manuals, directives, and other procedural guidance shall apply. Unless otherwise specified, the system of measurement and language used in all deliverables will be English.

2. General Requirements As required in ORS 672.002 to 672.325, Consultant shall provide appropriate supervision and control with a licensed Professional Engineer in responsible charge of the CA/CEI Services.

All Inspection work must be performed by Agency-certified Inspectors as required by the Agency’s Inspection Quality Assurance Program (“IQAP”). Consultant’s Agency-certified Inspectors shall diligently monitor the work of the Construction Contractor (“CC”) to determine whether the Project is constructed in compliance with the construction contract documents and any applicable current standards and Agency manuals or procedures, including but not limited to those listed in the PA or Contract. All Quality Control (“QC”) monitoring tasks must be performed by individual(s) certified by the Agency’s Technician Certification Program.

Consultant shall immediately advise Agency of any construction or planned construction which fails to conform to the construction contract requirements applicable to the Project. Consultant shall also immediately advise Agency of any design errors or deficiencies or other problems that could have a negative impact on the Project construction schedule or construction cost. In addition, Consultant shall immediately advise Agency of any construction which Consultant knows, or with the exercise of professional care should know, fails to conform to the federal or state standards applicable to construction of the project.

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

3. Communication Communication is an important element to the successful completion of the Project and CA/CEI Services. All communication and deliverables covered under this CA/CEI SOW shall be directed to the APM (or such other individual as designated in writing to the Consultant). In addition, Consultant shall submit deliverables specific to the administration of the construction contract (excluding claims) via Doc Express, the current ODOT Electronic Document Management System (“EDMS”) for construction, as described within the ODOT Construction Manual. If Consultant has not previously registered with the current EDMS, send an email to: ODOTeConstruction@odot.oregon.gov. Following the registration, an ODOT System Administrator will contact Consultant to assist with set up in the system. If Consultant is already registered in ODOT’s EDMS, Consultant will be notified by an ODOT System Administrator when this WOC or Contract has been set up within the EDMS. Consultant shall comply with requirements for EDMS usage according to the Standard Specifications in Section 00170.08 of the , as may be revised from time to time, which is hereby incorporated into this SOW with the same force and effect as though fully set forth herein.To the extent possible, all transmittals from Consultant to Agency must include the Contract#, PA# and WOC# if applicable, Project name and the Agency’s key number. The key number must be used as part of the document control system established by Agency and Consultant. For submittals specific to the EDMS, Consultant shall comply with naming conventions, drawer structure, and other instructions as specified in the Agency’s current user guide for the ODOT EDMS or as otherwise allowed by the APM. In addition, the Document Directory within the EDMS for the Project, will provide the form numbers, document title, drawer submitted to, and drawer published to information. Formats for the document control system shall be discussed at the initial meeting between Agency and Consultant pertaining to the CA/CEI Services.

The CC for the Project will be determined through the competitive bidding or proposal process. When the CC has been determined, Consultant shall establish appropriate contacts with that firm prior to the Pre-Construction Conference.

4. Roles and Responsibilities Agency The APM is Agency’s primary point of contact for the Consultant. The APM has the authority to review and accept, or recommend Acceptance of, all Consultant deliverables. The APM may distribute deliverables to appropriate Agency personnel for review and approval.

Agency has overall authority in scope, schedule, and budget of the Project. All construction Change Orders [Contract Change Orders (“CCO” form 734-1169), Extra Work Orders (“EWO” form 734-3208) and Orders for Force Work (“OFW” form 734-1105)] prepared by the Consultant are subject to Agency review and approval prior to implementation by the CC. Authority to approve all CCOs, EWOs and OFW shall be as outlined in the ODOT Construction Manual, Chapter 3 - Delegated Authority and in Delegation Letters.

Agency is responsible for the following:

[The following must be included without any additions, deletions, or revisions except as noted below.]

· Execution of Intergovernmental Agreements (“IGAs”) related to the Project

· Lead Pre-Construction Conference [Make selection consistent with selection of Consultant role in Task CE-2.1.]

· Material verification sampling and testing

· Concrete and Asphalt mix design review

· Providing access to construction related forms referenced in this CA/CEI SOW within EDMS, Agency’s construction forms website, and hardcopy forms (as needed)

· Providing training to the Consultant on EDMS [Delete if Consultant has been previously trained.]

· Providing survey handoff package to CC [Delete if not applicable.]

· Approving construction CCOs, EWOs and OFW

· Approving requests for overrun or increase in Project authorization

· All contact with Federal Highway Administration (“FHWA”) or other federal agencies

· All consultation with Native American Tribes (i.e., government-to-government discussions)

· Reviewing and processing monthly pay estimates for construction contract through the ODOT Contract Payment System (“CPS”)

· Providing training to the Consultant on web-based CPS program [Delete if Consultant has been previously trained.]

· Final Project Acceptance

· Providing access to Agency-owned Right of Way (“ROW”) and easements

· Providing facilitator for Cooperative Arrangement (“Partnering”) if needed

· Performing periodic quality, quantity, and labor compliance documentation reviews

· Inspecting Project specific fabricated items [Do NOT delete this item without written approval from the ODOT Structure Services Engineer. No separate task for fabrication inspection services will be allowed.]

· Providing the Structure Cost Data

· Reviewing Working Drawings, shop drawings, other submittals, and RFI’s related to Agency designed work that requires Agency POR review and approval [Delete if Consultant is POR and will be responsible for this task.]

· Providing Consultant and CC with necessary survey files [Delete if Consultant will be responsible for this task.]

· Drafting of final as-constructed drawings [Delete if Consultant will be responsible for this task.]

· Design modifications, as required [Delete if Consultant will be responsible for this task.] Consultant is responsible for the following:

[The following must be included without any additions, deletions, or revisions.]

· Unless specifically stated otherwise in a particular task, Consultant shall provide all labor, equipment, and materials to manage, coordinate and complete all tasks and provide all deliverables as set forth in this CA/CEI SOW (collectively, the “CA/CEI Services”) in accordance with the delivery schedules identified.

· Changes to Consultant’s Project Manager are subject to Agency approval and will require written notice to Agency prior to the change.

· If Consultant is performing the Construction Inspection, Quality Control Manager and Quality Control Compliance Specialist functions, then Consultant’s Key Persons {as identified on the approved Quality Assurance & Contract Administration Plan (“QA/CA Plan”) may not be substituted or replaced unless approved in writing by Agency.

· Consultant is not responsible for the means, methods, operating procedures or safety precautions of any CC or other entity.

C. REVIEW, COMMENT and SCHEDULE REQUIREMENTS [The following must be included without any additions, deletions, or revisions except the blue highlighted field.]

· Consultant shall complete all CA/CEI tasks and deliverables in a timely manner to avoid unnecessary delays in the construction Project. Consultant shall provide written notice to Agency at the first sign of delays caused by Agency, Consultant, CC, or any other entity that may delay completion of the Project or otherwise have a negative impact on the construction schedule.

· Consultant shall notify APM immediately (within 2 business days) upon discovery of any changes in the Project that may impact scope, schedule, or budget of the Project or CA/CEI Services.

· Consultant shall submit all construction contract administration deliverables, excluding claims, via the specified EDMS. Consultant shall submit all other deliverables to APM or designee unless otherwise stated in specific tasks.

· All deliverables are considered draft until reviewed and accepted by Agency. Consultant shall revise to address Agency comments and submit revised deliverable(s) to APM within 5 business days of receipt of Agency review comments unless a different timeframe is stated in specific tasks or otherwise agreed to in writing by Agency. If no revisions are necessary, the submittal will be considered final.

D. FORMAT REQUIREMENTS

[The following must be included without any additions, deletions, or revisions.]

· Deliverables shall be submitted to Agency in the format described in the ODOT Construction Manual and individual tasks. Following NTP, Consultant shall submit all construction contract deliverables, excluding claims, to the specified EDMS as described within the ODOT Construction Manual. Claims must be submitted on paper documents according to the Standard Specifications in Section 00199.

· The time zone is Pacific Standard Time (“PST”) to determine time of receipt of notices and other documents. Non-business days are Saturdays, Sundays and legal holidays as defined by ORS 187.010 and 187.020. If recorded in the EDMS as received before 5:00 p.m. PST on a business day, it shall be considered as received on the business day on which it was received in the EDMS. If recorded in the EDMS as received on a non-business day, or after 5:00 p.m. PST on a business day, it shall be considered as received at 8:00 a.m. PST on the next business day.

· ODOT Forms – Consultant shall use ODOT forms where required. Consultant shall use the most current versions of Construction related forms referenced in this CA/CEI SOW , available within the ODOT EDMS or online at: https://www.oregon.gov/ODOT/Construction/Pages/Forms.aspx

· Deliverables submitted to the specified EDMS shall follow protocol in the Agency’s current user guide and Document Directory for the EDMS applicable to the project.

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

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

E.1 TASKS, DELIVERABLES and SCHEDULE [The following paragraph must be included without any additions, deletions, or revisions.] Task Numbering: For purposes of standardization, task numbers in this SOW may be non-sequential due to deletion of unneeded tasks from Agency’s CA/CEI SOW template. For convenience to the reader, the task numbering for the CA/CEI phase will use the standard task number prefaced with “CE” (CE-1, CE-2).

TASK CE-1 PROJECT MANAGEMENT of CA/CEI SERVICES [The following paragraph and Task CE 1.1 and 1.2 must be included without any additions, deletions, or revisions.] This activity is continuous throughout the duration of these CA/CEI Services. Consultant shall guide and direct the CA/CEI Services and Consultant’s team in conformance with all applicable requirements of the CA/CEI Services and the Project’s goals and objectives. Consultant shall monitor progress of the Project and CA/CEI Services.

Task CE-1.1 Coordination Consultant shall provide leadership, direction, and control of these CA/CEI Services.

Consultant shall:

· Direct Consultant’s team regarding overall CA/CEI activities and team meetings.

· Maintain liaison, communication, and coordination between Consultant’s staff, APM, local agency project manager, LAPM (if applicable), CC, and Agency staff to facilitate timely, efficient operations for all involved.

Deliverables and Schedule:

· Ongoing coordination and communication as needed to appropriately manage the CA/CEI Services (no tangible deliverables for this task).

Task CE-1.2 Status Reports and Invoices Consultant shall complete up to __ Monthly Status Reports throughout the duration of the CA/CEI Services. See Section E.2, Project Schedule.

The Monthly Status Report must:

· Describe the previous month’s Consultant activities.