Sample WOC approved clean 260911.pdf

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

SAMPLE WOC

WORK ORDER CONTRACT #: (ORBuys PO #: )

PRICE AGREEMENT (“PA”) #: (ORBuys #: ) Project Name/Location: Norton Ave and Larkspur Path School Connection Project/ Bend, OR

This Work Order Contract (“WOC”) is entered into by and between the State of Oregon, by and through its Oregon Department of Transportation (“Agency” or “ODOT”), and an [Enter the state of incorporation if consultant is a corporation] corporation (“Consultant” or “Contractor”).

This WOC incorporates by this reference:

a. all of the Terms and Conditions contained in Part II of the above referenced PA, except for Paragraph 9., Indemnity, of Part II, which is replaced with the indemnification provisions set forth herein (see Section G of the Statement of Work and Delivery Schedule);

b. the provisions from the PA Exhibits with the exception of: E, E.1, K;

c. the attached Statement of Work and Delivery Schedule;

d. Attachment A - Acronyms & Definitions;

e. Attachment B - Breakdown of Costs (“BOC”) {except for Fixed-Price, file copy only};

f. Attachment C - DBE Provisions;

g. Attachment C.1 - RESERVED

h. Attachment D - RESERVED

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

DBE - WOC includes federal funds? Yes DBE Goal: 0% Certified Small Business Aspirational Target (for State-only funded WOCs over $100,000, including as amended; see PA Exhibit K): N/A Fed Aid #: ODOT Key # 24108 The Total Not-to-Exceed (“NTE”) amount for this WOC. This total includes: all allowable costs, profit, and fixed-fee amount (if any), shown in section H.4; and $__________ for contingency tasks, each of which must be separately authorized by Agency.

This WOC is effective on the date it has been signed by the Parties and all required State of Oregon approvals have been obtained. No Payment shall be made for Services that are performed before: i) the WOC effective date and ii) a Notice-To-Proceed has been issued by Agency.

CONSULTANT CERTIFICATION:

A. Any individual (the undersigned) signing on behalf of Consultant hereby certifies under penalty of perjury:

(1) Consultant has provided its correct taxpayer identification number to Agency for the above-referenced

PA.

(2) Consultant is not subject to backup withholding because (a) Consultant is exempt from backup withholding, (b) Consultant has not been notified by the IRS that Consultant is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified Consultant that Consultant is no longer subject to backup withholding.

Form C004-B122723R2

(3) The undersigned is authorized to act on behalf of Consultant, the undersigned has authority and knowledge regarding Consultant’s payment of taxes, and to the best of the undersigned’s knowledge, Consultant is not in violation of any Oregon tax laws. For purposes of this certification, "Oregon tax laws" means: (i) all tax laws of this state, including but not limited to ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317, and 318; and (ii) any tax provisions imposed by a political subdivision of this state that apply to Consultant, to Consultant’s property, operations, receipts, or income, or to Consultant’s performance of or compensation for any work performed by Consultant; and (iii) any tax provisions imposed by a political subdivision of this state that apply to Consultant, or to goods, services, or property, whether tangible or intangible, provided by Consultant; and (iv) any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

B. Any individual (the undersigned) signing on behalf of Consultant hereby certifies the undersigned is authorized to sign this WOC and that:

(1) Consultant has read, understands and agrees to comply with the requirements set forth in the PA and in all Exhibits and other documents incorporated by reference in the PA.

(2) Consultant understands and agrees that any exhibits or other documents not physically attached to the PA that are incorporated by reference have the same force and effect as if fully set forth herein.

(3) Consultant has made all required Conflict of Interest (COI) disclosures, if any.

(a) Consultant understands and has provided to all Associates (as defined in the COI Guidelines) the ODOT COI Guidelines and COI Disclosure Form available at:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx. Consultant and, to the best of the undersigned’s information, knowledge and belief, Consultant’s Associates, are in compliance with and have no disclosures required per the COI Guidelines (as may revised from time to time by Agency); or

(b) If disclosures regarding this WOC or the related Project are required per the ODOT COI Guidelines, Consultant has made such disclosures to Agency on a properly prepared and submitted COI Disclosure Form and, if determined necessary by Agency, a mitigation plan has been approved by Agency.

(4) (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this WOC, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," (https://www.gsa.gov/system/files/SFLLL_1_2_P-V12b.pdf) in accordance with its instructions.

(c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

(d) Consultant shall require that the language of this certification be included in all subcontracts in excess of $100,000 at all tiers and that all such subcontractors shall certify and disclose accordingly.

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

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

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

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

WOC.

Electronic Signatures.

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

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

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

CONSULTANT:

Signature Title Date

DOJ LEGAL REVIEW for ODOT: (Approved by via email dated _____) or (Not required per )

ODOT (Procurement Authority)

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

STATEMENT of WORK and DELIVERY SCHEDULE for

WOC # __________ under PA # __________ Project Name

Name:

Address:

Phone:

Fax:

Email:

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

Address:

Fax:

Email:

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

______@_____.com

Email:

Agency’s Contract Administrator for the WOC

Email:

Alternate Contact for Consultant

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

A. PROJECT DESCRIPTION and OVERVIEW of SERVICES Agency is contracting with Consultant to provide A&E Related Services for the Norton Ave and Larkspur Path School Connection public improvement project (the “Project”).

The Project is a multi-use path along Neff Road connecting the Larkspur Trail to Pilot Butte Middle School and Juniper Elementary School. The Project will also include bike boulevard treatments, including speed bumps, signing and striping along NE Norton Avenue between 6th Street to 12th Street.

Phases of Services

The contracted Services will be a phased development as follows:

• Phase I – Design Acceptance Package (“DAP”) through Plans, Specifications, and Estimates

(“PS&E”), Bid and Award Assistance

• Phase II – Professional of Record (“POR”), Construction Engineering Support

Agency may, at its discretion:

• Amend this WOC to add the next phase (or various elements), or

• Elect to complete subsequent phase tasks with in-house staff, or

• Assign subsequent phase tasks to another consulting firm.

mailto:______@_____.com

Agency and Consultant shall negotiate the detailed tasks, deliverables, schedule and costs for each phase Agency elects to add. Each added phase will be authorized only by written WOC amendment with all required approvals and signatures.

Construction Budget

The estimated construction contract price for the Project described in this WOC is $3,400,000.00.

Agency Responsibilities Agency will be responsible for:

• Survey

• Environmental Services

• Geotechnical Design

• Right of Way Services

• Public Involvement

B. STANDARDS and GENERAL REQUIREMENTS

1. Standards

The standards, manuals, directives and other guidance applicable to Professional Services and Related Services are referenced below or available on Agency’s webpages linked below and are incorporated by this reference with the same force and effect as though fully set forth herein.

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

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

a. Planning, Survey, Preliminary Engineering and Design Manuals, Standards and Guidance:

• Technical Manuals - alphabetical list (https://www.oregon.gov/ODOT/Engineering/Pages/Manuals.aspx)

• Geo-Environmental Guidance (https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Guidance.aspx)

• Engineering Guidance (https://www.oregon.gov/ODOT/Engineering/Pages/Eng-Guidance.aspx)

• Standard Drawings and Details (https://www.oregon.gov/ODOT/Engineering/Pages/Standards.aspx)

• Technical Guidance (https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx) https://www.oregon.gov/ODOT/Engineering/Pages/Manuals.aspx https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Guidance.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Eng-Guidance.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Standards.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Technical-Guidance.aspx

• Project Delivery Guide & Forms (https://www.oregon.gov/ODOT/ProjectDel/Pages/Project- Delivery-Guide.aspx)

• Oregon Standard Specifications for Construction (https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx)

• ODOT Forms Library (https://www.oregon.gov/ODOT/Forms/Pages/default.aspx)

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

a. Use ODOT standards to assess and ensure Project compliance with the Americans with Disabilities Act of 1990 (“ADA”), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; and

b. Follow ODOT’s processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form.

When the Services under this WOC include inspection of curb ramps, sidewalks or pedestrian-activated signals (new, modifications or upgrades), all such inspections shall include inspection for compliance with the standards and requirements in a. and b. above. Inspections must be performed by ODOT certified inspectors (which must include certified environmental inspectors when appropriate). In addition, at Project completion, Consultant shall complete the applicable ramp-specific ODOT Curb Ramp Inspection Form734-5020(A-G) for each curb ramp constructed, modified, upgraded, or improved as part of the Project. Each completed form must be submitted electronically by clicking the “Submit by E-mail” button on the form (and cc APM). The forms are documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Forms and instructions are available at the following address: https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx

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

2. General Requirements

• Consultant Quality Plan (CQP) for Professional Services and Related Services- A CQP must be approved and on file with Agency before design and related Services may be provided under the WOC. The CQP must be consistent with requirements of Agency’s “Consultant Quality Plan Guidance” available on the Quality Plans and Guides webpage at:

https://www.oregon.gov/odot/ProjectDel/Pages/Quality-Guides.aspx.

Consultant shall ensure quality assurance and quality control is performed in conformance with the approved CQP on all Services and deliverables provided under the WOC. Consultant shall submit an updated CQP for approval if there are changes to Consultant’s quality management processes or organizational structure from what is in the approved CQP during the term of the

WOC.

• Endorsement of Data. Consultant shall place their official Oregon Registered Engineer seal and signature on all engineering design drawings and specifications furnished to ODOT, as well as any https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx https://www.oregon.gov/ODOT/ProjectDel/Pages/Project-Delivery-Guide.aspx https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx https://www.oregon.gov/ODOT/Forms/Pages/default.aspx https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx https://www.oregon.gov/odot/ProjectDel/Pages/Quality-Guides.aspx other materials specified in ORS 671.025, 671.379, 672.020(2), 672.025(2), 672.028(2) and 672.605, as applicable, that require such seal and signature.

• Electronic Documents, Digital Seal and Signature. If required under the WOC, Consultant shall use ODOT’s ProjectWise Network (see Exhibit L) for electronic submittal and receipt of files as necessary for the Project. All final documents identified in ORS 671.025, 671.379, 672.020(2), 672.025(2), 672.028(2) and 672.605, as applicable, must bear the digital seal and signature of the Oregon registered professional under whose supervision and control they were prepared.

Documents must be submitted in the format specified in the WOC for each deliverable and must comply with OAR 804-030, OAR 806-010, OAR 809-050 and OAR 820-025 requirements, as applicable, for digital seal and signature capable of independent verification, final and draft documents, modifications to designs, and dual stamping of documents.

• Safety Equipment. Consultant shall provide and use all safety equipment including (but not limited to) hard hats, safety vests and clothing if required by State and federal regulations and ODOT policies and procedures for the Services under the WOC.

• Personnel, Materials, and Equipment. Consultant shall provide competent personnel and shall furnish all supplies, equipment, tools, and incidentals required to accomplish the work. All equipment and tools must be in good operating condition and shall be kept in proper adjustment throughout the duration of the WOC. All materials and supplies must be of good quality and suitable for the assigned work.

• Temporary Protection and Direction of Traffic. When a field crew is working on (or within 30 feet of) a travel lane, Consultant shall protect the crew and warn approaching traffic by providing safety equipment and temporary traffic controls conforming to a stamped and approved traffic control plan or the 2011 Oregon Temporary Traffic Control Handbook (https://www.oregon.gov/ODOT/Engineering/Docs_TrafficEng/OTTCH-v2011.pdf), for operations of 3 days or less. Consultant shall plan, coordinate and get approval of all work zone activity as outlined in the Mobility Procedures Manual.

(https://www.oregon.gov/ODOT/MCT/Documents/MobilityProcedureManual.pdf).

• State Owned Assets. All State-owned assets, if any, in Consultant’s possession must be promptly returned to Agency when the Services are complete, when the WOC is terminated, or when requested by Agency, whichever occurs first.

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

3. NEPA Related Requirements

a. NEPA Decision Documents and Final Design Agency is not obligated to proceed with final design for any alternative; all reasonable alternatives will be evaluated and given appropriate consideration, and Consultant may not proceed with final design until the relevant NEPA decision documents have been issued.

C. REVIEW, COMMENT and SCHEDULE OVERVIEW

• Consultant shall coordinate with Agency staff as necessary and shall revise draft deliverables to incorporate Agency draft review comments.

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

• Consultant shall return the revised deliverables to Agency staff, with Agency comments incorporated, within 10 business days of Consultant’s receipt of Agency’s comments, unless a different timeframe is specified for specific tasks or otherwise agreed to in writing by Agency.

D. FORMAT REQUIREMENTS

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

Project (see PA Exhibit L).

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

• Consultant shall also submit all graphic files accompanying reports separately in .jpg or .tif formats unless specified differently by Agency.

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

• Additional format requirements may be listed with specific tasks/deliverables in the SOW or in the PA.

E. TASKS, DELIVERABLES and SCHEDULE Unless the WOC is terminated or suspended, Consultant shall complete all tasks and provide all deliverables (collectively, the “Services”) included in this WOC and in accordance with the performance requirements and delivery schedules included in this WOC. For purposes of standardization, the task numbering in this SOW may be non-sequential.

The delivery schedule is listed under each task.

Milestone Table Milestone table below specifies the milestone dates for each draft milestone package required within the WOC. Consultant shall provide all deliverables as identified for each milestone package in the SOW by the deadlines listed in the table below . Changes to these dates must be done through an amendment to this WOC. Packages are considered draft until approved by Agency.

Milestone Table

Milestone Consultant Milestone Deliverable Deadline DAP Within 24 weeks of Notice To Proceed (“NTP”)

Advance Plans Within 28 weeks from DAP

Final Plans Within 16 weeks from Advance Plans

PS&E Within 8 weeks from Final Plans

Task 1 – Project Management This task is to implement a project management strategy through meetings, schedules, coordination, quality and project management related deliverables to properly manage the Project between Agency and Consultant.

Task 1.1 – Project Management and Coordination Consultant shall provide on-going coordination and communication as needed to appropriately manage the Services under this WOC.

Consultant shall guide and direct the Services and Consultant’s team in conformance with all applicable requirements of the WOC, Statement of Work (“SOW”) and the Project’s goals and objectives.

Consultant’s Project Manager (“PM”) shall be Consultant’s primary point of contact and shall communicate with Agency regarding the status of Services being performed. Consultant shall document issues or concerns that may impact the Project, the local project agency (“LPA”) goals and shall conduct biweekly (every two weeks) check-ins with the Agency Project Manager (“APM”), local agency contact (“LAC”) and the Consultant PM.

Consultant shall provide leadership, direction and control of these Services and maintain communication, and coordination among Consultant’s staff, APM, LAC, and Agency staff to facilitate timely, efficient operations for all involved.

Consultant shall monitor progress of the Project and Services to include, but not limited to budget, schedule and expenditures.

Consultant shall maintain Project files including, but not limited to the following: engineering computations, assumptions, estimated quantities with unit costs, meeting agendas and minutes, exhibits, progress reports, quality documentation, correspondence and memoranda. Consultant compilation of the Project files must be an ongoing task, commencing upon receipt of the notice to proceed (“NTP”), and incorporating documents as they are generated throughout the Services for this Project. Unless otherwise indicated, Project files must be saved in an appropriate ODOT assigned ProjectWise folder. All documents must conform to standardized naming conventions from the ProjectWise Naming Tool. Refer to the ODOT Partners PW External User Manual found within the ProjectWise document management system, and ODOT Partners ProjectWise Exhibit L of the Price Agreement for additional information.

Deliverables Schedule

Project files as requested by Agency Due to APM within 5 business days of request

Task 1.2 –Progress Reports Consultant shall deliver to APM monthly progress reports per current Agency policy and guidance.

Consultant shall prepare monthly progress reports in a format approved by Agency. Consultant’s progress report must summarize the activities completed and deliverables submitted by task for the reporting period and who the deliverables were provided to. Consultant’s progress report must identify schedule and budget issues, if there are pending issues that need resolution, and describe the planned activities for the next month. Progress report must also identify percentage completed of each task and associated deliverables.

Consultant shall prepare up to 24 progress reports for the Services performed under this WOC.

Deliverables Schedule

Progress Reports Due to APM by the 20th of each month

Task 1.3 – Project Schedule and Schedule Updates Consultant shall prepare a detailed work element schedule using MS Project for Consultant’s tasks as Consultant’s work element schedule must have, at a minimum, the following milestones with associated submittal dates:

• Meetings (Kickoff, Project site visits, milestone reviews, etc.)

• Package review milestone completion dates (DAP, Advance Plans, Final Plans, PS&E, see Milestone Table)

• Utility Certifications

• Project Controls Office (“PCO”) PS&E delivery date, incorporate the following:

o Consultant delivery of PS&E to APM for review o Consultant delivery of resolution of all comments for PS&E o Agency submission deadline for PS&E

• PCO advertisement date

• PCO bid opening date

Consultant shall submit the draft baseline MS Project schedule for Agency review and comment. Agency will consolidate all comments and submit to Consultant. Consultant shall address Agency comments, then deliver the final baseline MS Project schedule to Agency for approval. Consultant shall provide schedule updates throughout the Project as requested by Agency. If the Project schedule changes any of the due dates or timeframes required for Services or deliverables, an amendment to this WOC will be required to make those changes.

Deliverables Schedule

Draft baseline MS Project schedule Due to APM within 10 business days after

NTP

Final baseline MS Project schedule Due to APM within 5 business days from receipt of Agency comments

Project schedule updates Due to APM within 5 business days of Agency request

Task 1.4 – Meetings Consultant shall prepare for, lead, and facilitate meetings as identified in the subtasks below. Meeting locations must be collaboratively scheduled between Consultant and APM. Unless specifically stated otherwise, Consultant shall schedule and host meetings with screen and voice sharing software capable of running concurrently for use by Agency, Consultant staff, and sub-Consultant staff, at the discretion of the APM.

Consultant shall prepare and maintain a Project action item and decision log (as part of meeting summary notes) to track action items and decisions discussed at Project meetings. The action item and decision log must include a description of the item or decision and who is assigned the action.

Consultant shall provide the meeting summary notes to Agency and distribute to other participants.

Summary notes must include an attendance list.

See below sub tasks for specific task work, deliverables and schedule.

Task 1.4.1 – Kick-off Meeting Consultant shall facilitate 1 Project kick-off meeting within 15 business days of NTP. Up to 5 Consultant staff shall attend the meeting, which is estimated to be 2 hours in length. Consultant shall prepare meeting agenda and meeting summary notes including action item/decision log for the meeting.

Deliverables Schedule

Meeting agenda Due to APM at least 2 business days before meeting

Meeting summary notes including action item/decision log

Due to APM within 5 business days after meeting

Task 1.4.2 – Project Development Team (PDT) Meetings Consultant shall facilitate up to 30 PDT meetings as applicable during performance of the work unless otherwise specified below for specific meeting topics. PDT meetings will be scheduled at the APMs discretion. Consultant shall draft the agenda in collaboration with the APM and LAC for each meeting.

Up to 5 Consultant staff shall attend the PDT meetings, which are estimated to be up to 2 hours in length and will focus on, but not be limited to, the agenda topics listed below. Consultant shall prepare meeting summary notes including action item/decision log for each meeting.

PDT meetings may be used for but are not limited to the following topics:

• Monthly PDT meetings

• Project Coordination meetings

• Project or Technical Discipline subteam meetings

• ROW layout meeting

• Preparation meetings (public meetings, other)

• Milestone review meetings held at each milestone identified in the milestone table from DAP to

PS&E.

• Utility meetings

Deliverables Schedule

Meeting agenda Due to APM at least 2 business days before the meeting

Meeting summary notes including action item/decision log

Task 1.4.3 – Project Site Visit Meetings Consultant shall schedule and facilitate up to 2 Project site visit meetings to the Project Area with Agency and LAC staff to identify existing conditions, strategies, and solutions. Up to 4 Consultant staff shall attend each meeting and the meetings must be no more than 2 hours in length. Consultant shall prepare meeting agendas and meeting summary notes including action item/decision log, and attendance list for each meeting.

Deliverables Schedule

Meeting agenda Due to APM at least 2 business days before the meeting

Meeting summary notes including action item/decision log the meeting

Task 1.5 – Risk Management Within 2 weeks after the Project kickoff meeting, Consultant shall coordinate with APM on the Project risk register. At a minimum, Consultant shall advise, consult, and provide information on the following:

1) Risk identification

2) Risk description

3) Risk mitigation strategies & probability of the risk occurring

4) Identification on when a risk has been resolved, mitigated, or implemented as part of the Project.

5) Risk owner (local agency, ODOT, Consultant, and if applicable a detailed description of what technical or subject matter area is most appropriate).

6) Is the risk to scope, schedule or budget and to what extent.

Consultant shall update and add to the risk register, and coordinate on identified risks during biweekly check-ins. Consultant shall review and update as part of the agenda at each milestone review meeting.

Deliverables Schedule

Project Risk Register Updates due to APM at each bi-weekly check-in and at each milestone review

Task 1.6 – Value Engineering (“VE”) Study [RESERVED] Task 1.7 – Construction Risk Management Transition [RESERVED] Task 2 – Project Initiation [RESERVED] Task 3 – Planning Services [RESERVED] Task 4 – Scoping [RESERVED] Task 5 – Survey [RESERVED] Task 6 – Environmental Services [RESERVED] Task 7 – Public Involvement – Public Information – Public Engagement [RESERVED] Task 8 – Utilities Coordination The coordination of all utility facilities within the Project Area must be performed in accordance with the Oregon Utility Relocation Manual.

Consultant shall notify Agency if any utility owner or operator (“utility owner”) is nonresponsive or uncooperative. Agency will communicate with the utility owner to affect a solution.

Agency’s utility forms library is a comprehensive list of the tools needed during the utility relocation process.

Task 8.1 – Utility Location and Coordination Consultant shall perform utility coordination and liaison activities with utility owners for the Project.

Consultant shall determine the number of utilities impacted by the Project. Consultant shall comply with the current version of the utility coordination policy requirements as described in the Oregon Utility Relocation Manual. Consultant shall review utility facilities that may conflict with the Project work and utility relocation coordination with the utility owners to resolve those potential conflicts. Additionally, Consultant shall obtain system mapping from utility owners located within the Project limits as defined in Section A of the manual. Consultant shall use this information to confirm that it matches the information on the basemap provided by Agency.

Consultant shall review each draft milestone submittal delivered in Task 23 to confirm conflicts are identified and labeled with corresponding construction notes per coordination with utility owners.

Consultant shall create and maintain throughout the Project, a communication record for all utility correspondence. The communication record must include the following information, at a minimum:

• Utility contacted

• Date contacted

• Topics discussed

• Information or attachments shared, if any

• Specific timelines if required and agreed upon

Deliverables Schedule

Communication record Due to APM within 10 business days after request by APM

Utility construction notes added to design plans

Incorporate into milestone plans Task 20

Task 8.2 – Utility Report Consultant shall prepare an overarching draft and final utility report for all utility facilities located within the Project Area. The Utility Report must include as many of the following items as are known, available, and applicable:

• Scope of work

• Description of utility facilities located within the Project Area

• Utility facility’s structure dimension

• Probable buried depth of cover or aerial lowest height of wire

• General description of utility facility structure material

• Reliance upon other utility facilities in the vicinity (joint use facility)

• Description of the means used to verify facility location and limits of conflict (test hole data, a.k.a. “pothole” verification)

• Proposed Project construction requirements

• Potential utility facility conflicts

• Probable conflict resolution (relocation or adjustment concept)

Consultant shall submit the draft Utility Report and any applicable updates to the draft Utility Report for Agency review and comment. Agency will consolidate all comments and submit to Consultant.

Consultant shall address and incorporate Agency comments from the prior review, then deliver the Final Utility Report to Agency for approval.

Draft utility report Due to APM with DAP milestone

Final utility report

Due to APM within 10 business days after receipt of Agency comments

Task 8.2.1 – National Environmental Policy Act (“NEPA”) Utilities Technical Report [RESERVED] Task 8.3 – Utility Coordination Meetings To facilitate the development of each Utility Relocation Plan, Consultant shall schedule, conduct, prepare for, and attend the following utility facility coordination meetings with utilities within the Project Area:

• Utility kickoff meeting to begin utility facility coordination. The meeting must address known facilities, potential for impact, design alternatives to address conflicts, timing requirements for potential relocations, and initial information on reimbursable requirements.

• Up to 2 individual meetings with potentially affected utility owners with the number of meetings and the affected utility owners or operators to be determined at APM’s discretion. Agency anticipates conflicts with up to 5 utilities.

• 1 on-site group utility meeting(s), to coordinate relocation plan, construction constraints, means and methods, work sequence, and schedule limitations

Consultant shall prepare a meeting agenda and meeting minutes summarizing the discussions at the group meeting.

Up to 2 Consultant staff shall attend each 2-hour meeting, including travel time.

Meeting agenda Due to APM at least 2 business days before each meeting

Meeting minutes Due to APM within 5 business days after each meeting

Task 8.4 – Utility Relocations Task 8.4.1 – Utility Notices For those utilities where no conflict is anticipated, Consultant shall provide a Project Notification (first notice per OAR 734-055-0045). Consultant shall use Agency’s Project Notification letter template (see Section B list).

Consultant shall create a Project Notification letter that must include plan sheets indicating locations of existing utilities in relationship to proposed Project.

For those utilities where a conflict is anticipated, Consultant shall provide a Conflict Notice letter (first notice per OAR 734-055-0045). Consultant shall use the applicable Conflict letter templates located in Agency’s Utility forms library under “Local Public Agency Resources” heading.

Consultant shall allow each utility owner up to a 30-calendar day period from date of the notice to respond with a proposal. Consultant shall create and deliver multiple notices or revised notices to a utility owner when additional facility conflicts become apparent. If a notice is revised, Consultant shall revise and may shorten the utility owner’s response time to 14 calendar days.

Project Notification letters with enclosures Due to APM and others identified in the notice letter template, as applicable within 15 business days after DAP milestone

Project Conflict Notice letters with enclosures

Due to APM and others identified in the notice letter template, as applicable within 15 business days after DAP milestone

Revised Project Conflict Notice letters with enclosures

Due to APM and others identified in the notice letter template, as applicable within 5 business days after receipt of Agency comments

Task 8.4.2 – Utility Constraints Notice Consultant shall provide a Utility Constraints Notice to notify Agency and LAC of the necessary constraints on utility relocation. Consultant shall determine and identify those utilities that are in conflict, those that can be protected during construction, and those that are not affected by the construction. The Utility Constraints Notice must include, at a minimum, but not be limited to:

• Information on the general level of effort required to discover, maintain, and protect the utility facility at the current location

• The potential impact to the Project by maintaining the utility facility at the current location

• Project area conditions necessary to allow for the successful relocation of utility facilities (e.g., new right of way availability)

• The relocation schedule required to keep the Project on track

• Complete list of utilities with contact information (name, email, phone, address)

Draft Utilities constraints notice Due to APM and LAC within 30 business days prior to the Advance plans milestone

Final Utilities constraints notice Due to APM, LAC and other identified within the constrain notice letter template, as applicable, within 5 business days after receipt of Agency comments

Task 8.4.3 – Review Utility Relocation Plans and Relocation Time Requirement Letters Consultant shall examine all received Utility Relocation Plans for completeness and accuracy. If the Utility Relocation Plans do not resolve utility conflict, Consultant shall provide comments to the utility owner for correction and re-submittal.

Consultant shall negotiate with each utility owner a utility construction work schedule that conforms to the Project construction schedule. Consultant shall deliver a Time Requirement Letter (second notice per OAR 734-055-0045) to each utility owner accepting or modifying the required utility facility construction time.

Final Utility Relocation plan(s) Due to APM within 2 business days after acceptance

Time Requirement Letter(s) to each utility owner

Due to APM and others identified in the time requirement letter template, as applicable, within 5 business days after Advance Plans milestone.

Task 8.4.4 – Master Relocation Plan [RESERVED] Task 8.5 – Utility Reimbursement {RESERVED] Task 8.6 – Add Work Agreements [RESERVED] Task 8.7 – Utility Special Provisions Consultant shall prepare a draft and final utility Special Provisions for the coordination, relocation, and conflict resolution of utility work within the affected work area. Consultant shall verify utility Special Provisions (ODOT Standard Specifications for Construction section 00150.50) show identical timing information as written in the Relocation Time Requirement Letter.

When utility work timing is sequenced during Project construction staging, Consultant shall include Utility Special Provision 180.42 in the draft submittal.

Consultant shall submit the draft utility Special Provision for Agency review and comment. Agency will consolidate all comments and submit to Consultant. Consultant shall address Agency comments, then deliver the final utility Special Provision to Agency for approval.

Draft Utility Special Provisions Due to APM with submittal of Advance Plans milestone package

Final Utility Special Provisions Due to APM with submittal of Final Plans Milestone package

PS&E Utility Special Provisions Due to APM with submittal of PS&E Milestone package

Task 8.8 – Utility Certification Consultant shall complete and sign the Utility Certification letter verifying that all utility work has been completed or that all necessary arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedule.

Consultant shall submit the draft Utility Certification for Agency review and comment. Agency will consolidate all comments and submit to Consultant. Consultant shall address and incorporate Agency comments and suggested revisions, then deliver the final Utility Certification to Agency for approval and signature. If an exception is required on the Certification, Consultant shall prepare an explanation in the form of a memo, including facts regarding the cause for the exception, an action plan, and a timetable in securing a utility agreement or relocation (a.k.a. Relocation Time Requirement Letter).

Draft Utility Certification (including memo if required)

Due to APM at least 10 business days prior to PS&E Milestone package

Final, signed Utility Certification (including memo if required)

Due to APM with PS&E Milestone package

Task 8.9 – Utilities Design Coordination [RESERVED]

Task 8.10 – Utilities Coordination Quality Reviews [RESERVED] Task 9 – Geotechnical, Geologic, and Hazardous Materials Services [RESERVED] Task 10 – Pavement Design Services [RESERVED] Task 11 – Hydraulics and Stormwater Consultant shall perform tasks as described, in adherence to all of the requirements for hydraulic analysis and design required for constructing bridges over waterways, culverts, bank protection, scour countermeasures, open channels, floodplains, fish habitat improvements, trenchless pipe rehabilitation, Temporary Water Management (“TWM”), roadway and pavement drainage and stormwater conveyance systems to collect, convey, treat, store, and discharge the stormwater runoff and surface water without adversely affecting downstream systems or properties.

Task 11.1 – Project Research and Initiation The purpose of this task is for Consultant to identify hydraulics and stormwater design existing information, and field conditions and inform Agency of findings.

Consultant shall complete Agency provided Project initiation, site investigation, and data collection checklists for hydraulic and stormwater related services and supporting data.

Consultant shall:

• Review program development scoping notes

• Review the ODOT Hydraulics Design Manual, local ordinances, and available hydrologic data sources to determine the most appropriate pavement drainage, conveyance, flow control, water quality, infiltration, TWM (stormwater), and design flow recurrences for each hydraulic structure

• Locate and obtain existing topographic maps of the tributary drainage basin in the Project Area

• Review historical records and data

• Visit the Project Area site(s) to observe site conditions and physical properties, and collect data needed to perform a thorough hydraulic study

• Discuss known issues and historical events with LAC

• Review Existing Conditions downstream of stormwater conveyance locations where flow is leaving the Project Area ROW for deficiencies and document observations

• Identify hydraulic features (culverts, conveyance piping, etc.) warranting removal of sediment and debris necessary to complete site investigation

• Evaluate the site and determine data requirements:

o Topographic Survey Data o Soil Gradation o Subsurface Exploration o Infiltration rates o Groundwater; during anticipated construction and wet seasons o Geological Hazards o Video Pipe Inspection Utility Locations

• Identify a list of Project features potentially warranting structural or geotechnical design support

Site Inspection Narrative – Consultant shall prepare and submit a draft site inspection narrative for Agency review and comment. The site inspection narrative must summarize the work performed and findings in support of the items listed above. Agency will consolidate all comments and submit to Consultant. Consultant shall address and incorporate Agency comments, then deliver the final site inspection narrative to Agency for approval.

Hydraulic Engineering Performance Memorandum – Consultant shall prepare a hydraulic engineering performance memorandum documenting the design standards to be used during the Project.

Consultant shall submit the draft hydraulic engineering performance memorandum for Agency review and comment. Agency will consolidate all comments and submit to Consultant. Consultant shall address and incorporate Agency comments, then deliver the final hydraulic engineering performance memorandum to Agency for approval. Consultant shall not commence hydraulics or stormwater design activities until the hydraulic engineering performance memorandum has been approved in writing (email acceptable) by Agency.

The hydraulic engineering performance memorandum must include or address, at a minimum, but not be limited to, the following information:

All features:

• Regulatory stakeholders

• Hydrologic methodology

• Hydraulic modeling methodology

Stormwater drainage:

• Design event for storm drain hydraulic capacity

• Design event for inlet capacity - standard

• Design event for inlet capacity - sag

• Design event for scour protection

• Design event for slope protection

• Design event for TWM

• Inlet spacing in sag vertical curves

• Inlet clogging safety factors

• Longitudinal slope (pavement gutters)

• Longitudinal slope (bridge deck)

• Gutter and pavement flow spread

• Pavement X-slope & sheet flow

• Minimum cover (pipe)

• Design life (pipe materials)

• Minimum diameter or span (pipe)

• Hydraulic grade line (pipe)

• Maximum longitudinal slopes (pipe)

• Minimum velocity (pipe)

• Access hole spacing

Stormwater flow control and treatment:

• Treatment Best Management Practice (“BMP”) selection prioritization

• Design event(s)

• Impervious surfaces

• Horizontal setbacks

• Vertical separation from water table

• Maximum storage capacity

• Freeboard

• Bottom width

• Side slopes

• Longitudinal slope

• Cross slope

• Access hole diameter and sump depth

Deliverables Schedule Draft site inspection narrative Due to APM within 20 business days after

Project Area Site Visit

Final site inspection narrative Due to APM within 10 business days after receipt of Agency comments

Draft hydraulic engineering performance memorandum

Due to APM with DAP milestone

Final hydraulic engineering performance memorandum

Due to APM within 20 days receipt of the Agency comments

Task 11.2 – Hydrologic Analysis The purpose of this task is to perform hydrologic analysis to determine appropriate flow rates for design of various Project elements.

Stormwater design Consultant shall:

• Utilize information provided by LAC to design adequate facilities for on-site capture at the Hillside Trail and to allow any offsite flows to pass through design for downstream (non-project related) collections. It is anticipated that the added width of impervious area along Neff Road is minor for stormwater purposes.

• Delineate on-site basins, and calculate peak flow rates for design recurrence intervals

• Determine the stormwater Temporary Drainage Facility (“TDF”) and TWM discharge estimates for the portion of the year when construction will take place to use in TWM design recommendations and to include in the technical specifications for the Project

When performing each of the following tasks, Consultant shall include the hydrologic analysis results in each deliverable report:

• Task 11.9.1 – Stormwater Design…