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Issued Date: August 7, 2012 OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID FOR PUBLIC IMPROVEMENT AND PUBLIC WORKS CONTRACT

BID NO.: 25237 BID CLOSING DATE AND TIME:

August 21, 2012 TIME: 2:00 PM

BID OPENING DATE AND TIME SAME AS ABOVEDESCRIPTION: Hwy 101 Repair MP 331-336 Slide RepairBUYER: Duane Cannon PHONE: 541-957-3686 FAX: 541-957-3547

E-MAIL: Duane.cannon@odot.state.or.usPREBID CONFERENCE: No

THIS IS A FORMAL PROCUREMENT. FAXED BIDS WILL NOT BE ACCEPTED.

NOTE: If this is a Public Works project, all requirements applicable to Public Works projects apply to this project. In addition, ODOT has chosen to apply the requirements applicable to Public Improvement projects to this project whether or not it is a Public Improvement project. Therefore, throughout this ITB, wherever there is a reference to or requirement concerning Public Improvements, it will apply equally to this project.  Therefore, if there is a provision stating a requirement for a Public Improvement project, ODOT is applying the same requirement to the project, whether or not otherwise required by rule or statute.

SEALED BIDS will be received until the BID CLOSING DATE and TIME noted above by the ODOT PROCUREMENT OFFICE at:

OREGON DEPARTMENT OF TRANSPORTATIONPROCUREMENT OFFICE3500 NW STEWART PARKWAYROSEBURG OREGON 97470

SINGLE POINT OF CONTACT: There will be only one point of contact for this Invitation to Bid. The contact point is the ODOT Procurement Office, and the contact person is the buyer listed above. Any questions or issues that may arise regarding the Specifications, the bidding process, and/or the award process shall be directed to the Buyer listed above. The State’s official response to any questions or requests will be through direct letters or the addendum process.

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TABLE OF CONTENTS“X” INDICATES PAGES TO BE COMPLETED AND RETURNED WITH BID RESPONSE*

Bid Document Table of Contents Page #INVITATION TO BID 1TABLE OF CONTENTS 2

SECTION A DEFINITIONS 3SECTION B INTRODUCTION 3SECTION C GENERAL BIDDING INFORMATION/INSTRUCTIONS TO BIDDERS 5SECTION D BID SECURITY REQUIREMENTS 11SECTION E PREVAILING WAGE RATES (BOLI REQUIREMENTS) 11-12SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM 13-14SECTION G CONSTRUCTION CONTRACTORS BOARD REGISTRATION

REQUIREMENTS/ASBESTOS ABATEMENT LICENSING REQUIREMENTSX 15

SECTION H ADDENDA ACKNOWLEDGEMENT X 15SECTION I RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES X 16-17SECTION J RECYCLED PRODUCTS X 18SECTION K RESIDENCY INFORMATION X 18SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS X 19SECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS X 19SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS X 19SECTION O OFFICE OF MINORITY, WOMEN AND EMERGING SMALL BUSINESS

(OMWESB) CERTIFICATIONX 20

SECTION P SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE X 21EXHIBIT 1 PRICING SUBMITTAL FORM X 22EXHIBIT 2 BID BOND FORM X 23EXHIBIT 3 PERFORMANCE BOND FORM 24EXHIBIT 4 PAYMENT BOND 25EXHIBIT 5 PUBLIC IMPROVEMENT AGREEMENT FORM 26-27EXHIBIT 6 SUPPLEMENTAL GENERAL CONDITIONS 28-29

ATTACHMENTS: The following Attachments are attached and incorporated into this ITB:

ATTACHMENT A Specifications

ATTACHMENT B CONTRACT CLOSEOUT COMPLIANCE CHECKLISTThe following Attachments are not physically attached but are incorporated into this ITB from web sites:

State of Oregon General Conditions for Public Improvement Contracts January 1, 2012 Editionhttp://procurement.oregon.gov/DAS/SSD/SPO/docs/Final_Approved_by_DOJ_DAS_GCs_Jan_2012.pdf?ga=t

BOLI Prevailing Wage Rates Revised January 1, 2012, and as amended April 1, 2012.—See Section E for the Prevailing Wage Rates and website applicable to this project.

Bidders shall complete and return the following document within two (2) hours of Bid Closing.SECTION F First-Tier Subcontractor Disclosure Form

The lowest responsive, responsible Bidder shall return the following completed documents within seven (7) days of Notice of Intent to Award.

SECTION C THE INSURANCE CERTIFICATES REQUIRED BY SECTION C.22.1EXHIBIT 3 PERFORMANCE BONDEXHIBIT 4 PAYMENT BONDEXHIBIT 5 PUBLIC IMPROVEMENT AGREEMENT FORM

W-9 Form A COMPLETED W-9 FORM MUST BE SUBMITTED PRIOR TO EXECUTION OF THE CONTRACT TO PROVIDE SUCCESSFUL BIDDER’S TAXPAYER IDENTIFICATION NUMBER (TIN). THE W-9 FORM IS AVAILABLE AT: HTTP://WWW.IRS.GOV/PUB/IRS-PDF/FW9.PDF (SUBMIT PAGE 1 ONLY).

*Bidder shall be responsible for completing and returning any page(s) in any attachment(s) requiring a response.

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SECTION A - DEFINITIONS

A.1 ITB DEFINITIONS: Together with the Definitions found in Section A.1 of the General Conditions, the following definitions apply to this ITB and the resulting Contract.

A.1.1 “Addendum” or “Addenda” means an addition or deletion to, a material change in, or clarification of, the ITB. Addenda shall be labeled as such and shall be made available to all interested Bidders in accordance with OAR 137-049-0250(2).

A.1.2 “Agency” means the Oregon Department of Transportation (“ODOT”).

A.1.3 “Bid” means the Bidder’s written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means “Offer”.

A.1.4 “Bidder” means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

A.1.5 “Bid Price” means the Total Bid amount, including any alternates selected by ODOT provided by the Bidder in the Pricing Submittal.

A.1.6 “Closing” means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

A.1.7 “Invitation to Bid” or “ITB” means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

A.1.8 “ODOT Procurement Office” or “OPO” means the Procurement Office Section of the Oregon Department of Transportation at the location noted on Page 1 of the ITB.

A.1.9 “Opening” means the date/time set to read the Bid submittals.

A.1.10 “Oregon Procurement Information Network” or “ORPIN” means the on-line electronic Oregon Automated Procurement System administered by the State Procurement Office. The ORPIN System website is: http://orpin.oregon.gov/open.dll/welcome

A.1.11 “Plan Center” means an organizations and/or business location where Bidders may view, download or purchase copies of all documents relating to the ITB. (See Section C.1.3)

A.1.12 “State” means the State of Oregon.

A.1.13 “State Procurement Office” or “SPO” means the office of the State Services Division of the Oregon Department of Administrative Services.

SECTION B – INTRODUCTION

B.1 ITB PURPOSE: The purpose of the Invitation to Bid (“ITB”) is to establish a Contract for the benefit of ODOT. The work contemplated under this Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with the project described in the Contract Documents.

B.2 RESERVED

B.3 PROJECT COMPLETION DATE:

B.3.1 PROJECT START DATE: As agreed between ODOT Project Manager and ODOT.

B.3.2 SUBSTANTIAL COMPLETION: September 23, 2012.

B.3.3 FINAL COMPLETION: September 28, 2012.

B.5 PREVAILING WAGE RATES: Pursuant to ORS 279C.800 through 279C.870, the Contractor and all subcontractors are required to pay Prevailing Wage Rates for any contract valued at more than $50,000. See SECTION E.

B.6 LIQUIDATED DAMAGES: Liquidated damages will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See Exhibit “5” for detailed information).

B.7 PRICING SUBMITTAL INSTRUCTIONS:

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B.7.1 Bidders shall enter pricing and other required information for all Bid Items listed in the Pricing Submittal form.

B.7.2 If the Pricing Submittal form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required information

B.7.3 If the Pricing Submittal form is only modified by an Addendum, then Bidders shall follow the instruction in the Addendum for making modifications to the Pricing Submittal form.

B.7.4 Failure to supply the required information in the Pricing Submittal form or subsequent Addendum may result in rejection of the Bid as non-responsive.

B.8 PRICING SUBMITTAL:

B.8.1 METHOD OF BIDDING:

B.8.1.a Bidders shall provide pricing for all Bid items listed in EXHIBIT 1 PRICING SUBMITTAL FORM.

B.8.2 METHOD OF AWARD:

B.8.2.a Award will be made to the responsive and responsible Bidder submitting the lowest total Bid Price.

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SECTION C – GENERAL BIDDING INFORMATION/INSTRUCTIONS TO BIDDERS

C.1.1 OBTAINING INVITATION TO BID DOCUMENTS THROUGH ORPIN

C.1.1.a SUBSCRIBING TO THE OREGON PURCHASING INFORMATION NETWORK (“ ORPIN ”) : All Bidders must be registered as a Supplier on the ORPIN system to access ITB documents on ORPIN:

C.1.1.b ORPIN SUPPLIER GUIDE TO REGISTRATION: For information on how to register on the ORPIN system, a Supplier Guide to Registration is available on line at the following link: http://www.oregon.gov/DAS/SSD/SPO/docs/orpin/Supplier_Reg_Guide.pdf. For other questions related to ORPIN contact the State Procurement Office, 1225 Ferry St. SE - U140, Salem, OR 97301-4285; telephone (503) 378-4642.

C.1.1.c TO REGISTER ON ORPIN: Go to the following website: http://orpin.oregon.gov/open.dll/welcome

C.1.1.d POSTING OF NOTICES: ORPIN is utilized by ODOT for advertising ITB’s and for posting notices of changes to the ITB (via Addendum). Bidders must obtain the actual ITB documents themselves by accessing the ORPIN Internet Web site and downloading them.

C.1.1.e ITB’s, ADDENDA AND ATTACHMENTS: ITB’s, including all Addenda and most attachments, are posted on ORPIN as part of the ITB document and will not be mailed to prospective Bidders. Bidders without access to ORPIN may secure copies at the ODOT address listed on Page 1 of the ITB. Bidders should consult the ORPIN System regularly until closing to avoid missing any Addenda.

C.1.1.f – RESERVED

C.1.1.g QUESTION AND ANSWER DOCUMENTS: ODOT may post question and answer document(s) on ORPIN to respond to inquiries that ODOT determines, in its sole discretion, do not effect changes to the ITB. Question and Answer documents provide clarifications and interpretations but do not change ITB requirements.

C.1.2 SUPPLIERS LIST

C.1.2.a To be listed on the suppliers list, interested parties must be registered on the ORPIN System. Suppliers can register in the ORPIN System at: orpin.oregon.gov

C.1.2.b Interested parties who download ITB documents from the ORPIN system will automatically be added to the suppliers’ list.

C.1.2.c Interested parties who obtain the ITB documents from other means may add themselves to the suppliers’ list in the ORPIN System.

C.1.2 .d Interested parties who have registered on the ORPIN System are responsible for making sure information is correct and accurate. The State of Oregon assumes no responsibility for the content of the interested parties’ information shown on the ORPIN System.

C.1.3 RESERVED

C.1.4 TRADE SECRETS: Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. ODOT shall not be liable for disclosure or release of information when authorized or required by law or court order. ODOT shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473 (3).

C.1.5 SOLICITATION LAW AND RULES: This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes and the Attorney General’s Model Public Contract Rules (“Model Rules”) OAR 137 Divisions 046 and 049, as adopted and modified by the Department of Transportation Rules OAR 731, Divisions 146 and 149. The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.5.a OREGON REVISED STATUTES (ORS 279A and 279C) – May be obtained from Legislative Counsel Committee, 900 Court St NE, S101 State Capitol, Salem, OR 97301-0630. Phone (503) 986-1243, or online at: http://www.leg.state.or.us/ors/home.htmlhttp://www.leg.state.or.us/ors/279a.html

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http://www.leg.state.or.us/ors/279c.html

C.1.5.b OREGON ATTORNEY GENERAL’S MODEL PUBLIC CONTRACT RULES (OAR 137 Divisions 046 and 049) – May be obtained from the Department of Justice, Publications Center, 1162 Court St NE, Salem, OR 97301-4096; Phone (503) 378-2402 or online at: http://arcweb.sos.state.or.us/rules/OARS_100/OAR_137/137_046.htmlhttp://arcweb.sos.state.or.us/rules/OARS_100/OAR_137/137_049.html

C.1.5.c ODOT’s ADMINISTRATIVE RULES RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES (OAR 731 Divisions 146 and 149) May be obtained online from the following links: http://arcweb.sos.state.or.us/rules/OARS_700/OAR_731/731_146.html http://arcweb.sos.state.or.us/rules/OARS_700/OAR_731/731_149.html

C.1.6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS In addition to the solicitation laws and rules, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, January 1, 2012 Edition (“General Conditions”) which, although not physically attached, are incorporated herein by reference as an Attachment with the same force and effect as though fully set forth herein. The General Conditions can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285, by telephone (503) 378-4642 or on line at: http://procurement.oregon.gov/DAS/SSD/SPO/docs/Final_Approved_by_DOJ_DAS_GCs_Jan_2012.pdf?ga=t

C.1.7.a 2008 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION: The 2008 Oregon Standard Specifications for Construction (Standard Specifications) include detailed technical specifications in Volume 2 (Technical Specifications) that apply to this ITB and the resulting Contract. Some sections of the Technical Specifications are identified and modified in the Special Provisions. Sections of the Technical Specifications not identified in the Special Provisions remain applicable to the Contract according to their original terms. Unless they are identified in the Special Provisions, sections of the Standard Specifications in Volume 1 (General Conditions) are not applicable to this Contract. Copies of the Standard Specifications are available from the Oregon Department of Transportation Contractor Plans, 455 Airport Rd SE, Bldg K, Salem, Oregon 97301, Telephone (503) 986-6936. Cost for each set is $50.00. Bidders can also access this information at the following Internet address: http://www.oregon.gov/ODOT/HWY/SPECS/standard_specifications.shtml

C.1.8 BRAND NAME USAGE:

C.1.8.a BRAND NAME: Any brand name listed in the specifications without an "or equal" or an "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand name listed is not mandated pursuant to a brand name exemption.

C.1.8.b BRAND NAME "OR EQUAL” OR AN “OR EQUIVALENT”: Any brand name listed in the specifications with an "or equal" or an “or equivalent” shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the ODOT Procurement Office prior to installation, as detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

ODOT shall determine, in its sole discretion, whether a product offered is "or equal".

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR BRAND NAME/PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "or approved equal" or an "or approved equivalent" (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans;and (d) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS: Envelopes containing requests for brand approval, requests for substitution, requests for clarification, requests for change, and Bid protests shall be marked as follows:

Bid Request for:Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest

ITB NumberClosing DateClosing Time

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and must be received by the Single Point of Contact listed on Page One (1) of the ITB no later than seven (7) days prior to the Closing. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "OR EQUAL" OR AN “OR APPROVED EQUIVALENT”: Pursuant to Section C.1.8.b, Bidders shall provide the named product unless another is approved through a request for approval of an "or approved equal", or an “or approved equivalent”, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

C.2.3.a Requests shall be made in writing and be submitted to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the request for changes must be received by the deadline specified in Section C.2.2.

Requests shall provide all the information necessary for ODOT to determine product acceptability.

Failure to provide sufficient information with the request shall be cause for the request not to be considered as equivalent

Any product subsequently approved for substitution shall be listed on an Addendum issued by the ODOT Procurement Office and posted on ORPIN System.

C.2.4 REQUEST FOR CLARIFICATION: Any Bidder that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, shall make a request for clarification in writing, to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the request for clarification must be received by the ODOT Procurement Office by the deadline specified in Section C.2.2.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications, in writing, to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the request for changes must be received by the ODOT Procurement Office by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF SOLICITATION OR CONTRACT TERMS AND CONDITIONS OR SPECIFICATIONS: Any Bidder may submit a protest of solicitation terms and conditions, contract terms and conditions or specifications, in writing, in accordance with OAR 137-049-0260 to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the protest must be received by the ODOT Procurement Office by the deadline specified in Section C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes.

C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that ODOT determines should be handled by formally amending the ITB, ODOT will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: The ODOT Procurement Office shall promptly respond to each properly-submitted written request for brand approval, request for substitution, request for change, and protest no less than three (3) business days before the Closing. Where appropriate, the ODOT Procurement Office will issue ITB revisions via Addendum posted on the ORPIN System. ODOT may also informally respond to Bidder questions.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDUM ISSUED BY THE ODOT PROCUREMENT OFFICE AND POSTED ON THE ORPIN SYSTEM.

C.3 PROTEST OF ADDENDUM

Requests for clarification, requests for change and protests of Addendum must be received by the time and date specified in the Addendum, or they will not be considered. ODOT will not consider requests or protests of matters not added or modified by the Addendum.

C.4 OFFER FORMAT

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C.4.1 SIGNATURE IN INK REQUIRED: All Offer documents requiring signature must be signed in ink by an authorized representative of the Bidder.

C.4.2 IN WRITING: Offers and pricing information shall be prepared by typewriter, ink or by computer, but must be signed in ink by an authorized representative of the Bidder. No oral, telegraphic, telephone, e-mail or facsimile Bids will be accepted.

C.4.3 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB. Any information Bidder submits that is not required to be included on forms prescribed by the ODOT Procurement Office shall be formatted in the manner called for in the ITB and submitted on Bidder’s letterhead.

C.4.3.a An Offeror shall not make the Offer contingent upon the Owner’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in the Invitation to Bid.

C.4.4 INFORMATION TO BE SUBMITTED WITH THE OFFER: The items listed below in this section shall be submitted or the Offer shall be found to be non-responsive.

The following shall be submitted prior to Closing:SECTION G CONSTRUCTION CONTRACTORS BOARD REGISTRATION REQUIREMENTS/ASBESTOS

ABATEMENT LICENSING REQUIREMENTSSECTION H SOLICITATION ADDENDA ACKNOWLEDGEMENTSECTION I RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCESSECTION J RECYCLED PRODUCTSSECTION K RESIDENCY STATEMENTSECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWSSECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTSSECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWSSECTION O OFFICE OF MINORITY, WOMEN, AND EMERGING SMALL BUSINESS CERTIFICATIONSECTION P SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVEEXHIBIT 1 PRICING SUBMITTAL FORMEXHIBIT 2 BID BOND FORM

The following shall be submitted prior to closing OR within two (2) working hours after the Closing;

First Tier Subcontractor Disclosure Form, SECTION F.

C.4.5 BID MODIFICATION PRIOR TO CLOSING: Alterations and erasures made before Offer submission must EACH be INDIVIDUALLY initialed in ink by the person signing the Offer. Offers, once submitted, may be modified in writing before Closing. Modifications made after Offer submission shall be prepared on Bidder’s letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Offer. Failure to comply with the provisions of this paragraph of Section C.4.5 shall result in Bid rejection.

C.4.5.a Nothing in the paragraph C.4.5 shall be construed as allowing the Bidder to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, the Specifications, and/or Plans attached to the Bid documents.

C.4.5.b Modifications must be submitted in a sealed envelope marked as follows:

Bid Modification ITB Number Closing Date Closing Time

C.4.5.c Bidders may not modify Offers after Closing.

C.5 OFFER SUBMISSION

C.5.1 NUMBER OF COPIES; SIGNATURE REQUIRED: Bidders shall submit a total of one copy of the Offer. At least one Offer submitted by Bidder must bear an original signature. Failure to submit an Offer bearing an original signature will result in rejection of the Bid.

C.5.2 SEALED ENVELOPE; ADDRESS AND COVER INFORMATION: Offers shall be submitted in sealed packages or envelopes. To ensure proper identification and handling, all packages and envelopes shall be clearly marked as follows and addressed as required on Page One (1) of the ITB:

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ITB Number Closing DateClosing Time

ODOT shall not be responsible for the proper handling of any Offer not properly identified, marked and submitted in a timely manner.

C.6 OFFER WITHDRAWALS PRIOR TO CLOSING

C.6.1 IN WRITING: Offers may be withdrawn in writing when submitted to the Single Point of Contact listed on Page One (1) of this ITB on Bidder’s letterhead, signed by an authorized representative, and received by the ODOT Procurement Office prior to Closing. Offer withdrawals submitted in writing must be labeled as such and contain the ITB number.

C.6.2 IN PERSON: Offers may also be withdrawn in person before Closing upon presentation of appropriate identification and evidence of authorization to act for Bidder to the Single Point of Contact at the ODOT Procurement Office listed on Page One (1) of this ITB. Signature confirmation of withdrawal may also be required.

C.7 CLOSING AND OPENING / FIRST TIER SUBMITTAL

C.7.1 CLOSING: Offers must be received and date/time stamped by the State of Oregon, Department of Transportation Procurement Office at the address listed on Page One (1) of the ITB prior to the Closing. Offers will not be accepted after the Closing or as may be extended by any subsequently issued Addendum. Facsimile Offers will not be allowed or accepted . Failure to comply with this requirement shall result in rejection of the Offer as non-responsive.

Offers will be publicly opened and read at the Opening, at the ODOT Procurement Office listed on page one (1) of the ITB. Only the name of the Bidder(s) and the item(s) to be considered for award purposes will be read at the opening. It is optional for Bidders to attend Opening. Award decisions will not be made at the Opening. Bids received after the Closing will not be considered for award.

C.7.2 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: First tier subcontractor disclosure forms must be submitted within two working hours after the Closing, at the ODOT Procurement Office listed on page one (1) of the ITB. Failure to comply with this requirement shall result in rejection of the Offer as non-responsive.

C.8 PRELIMINARY BID RESULTS: Prior to the Intent to Award Announcement, the ODOT Procurement Office may post preliminary Bid results on the ORPIN System. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE: An Offer is a firm offer, irrevocable, valid and binding on the Bidder for not less than thirty (30) calendar days from the Closing.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE: The ODOT Procurement Office may request, orally or in writing, that Bidders extend, in writing, the time during which ODOT may consider their Offer(s). If a Bidder agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Bidder for the agreed-upon extension period.

C.11 SUBSTANTIAL COMPLIANCE REQUIRED: Offers not in substantial compliance with ITB requirements cannot be considered, and cannot be supplemented by submissions delivered after Closing. However, ODOT may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.12 OFFER EVALUATION CRITERIA: Offers will be evaluated to identify the lowest responsive Offer submitted by a responsible Bidder and not otherwise disqualified. (Refer to OAR 137-049-0390 and 137-049-0440). Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only. No such adjustments shall operate to amend an Offer or any Contract awarded pursuant thereto.

C.12.1 RESPONSIVENESS: To be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, ODOT may waive minor informalities and irregularities.

C.12.2 RESPONSIBILITY: Prior to award of a Contract, ODOT will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in OAR 137-049-0390. See also, OAR 137-049-0440(1)(C)(h). In doing so, ODOT may investigate Bidder and request information in addition to that already required in the ITB, when ODOT, in its sole discretion, considers it necessary or advisable.

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C.12.3 OREGON PREFERENCE: Awards shall be subject to preference for goods or services that have been produced or manufactured in Oregon, if price, fitness, availability and quality are otherwise equal (ORS 279A.120); See also; OAR 137-046-0300.

C.12.4 RECIPROCAL PREFERENCE: Solely for the purpose of evaluating offers, ODOT will add a percent increase to the Offer of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, ODOT will add ten (10) percent to that Bidder’s Offer price. (OAR 137-046-0310).

C.13 PROCESSING OF BIDS: Neither the release of a Bid Security, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice intent to award, or otherwise), shall operate as a representation by ODOT that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.14 WITHDRAWAL BY ODOT OF BID ITEMS PRIOR TO AWARD: ODOT reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

C.15 REJECTION OF OFFERS

C.15.1 REJECTION OF ALL OFFERS: ODOT may reject all Offers for good cause upon its finding that it is in the public interest to do so.

C.15.2 REJECTION OF PARTICULAR OFFERS: ODOT may reject a particular Offer for any of the reasons listed under OAR 137-049-0440.

C.16 INTENT-TO-AWARD ANNOUNCEMENT: ODOT reserves the right to announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results on the ORPIN System, or by letter or fax (" Intent-to-Award Announcement"). The Intent-to-Award Announcement shall serve as notice to all Bidders that ODOT intends to make an award.

C.17 PROTEST OF INTENT TO AWARD: Adversely affected or aggrieved Bidders shall have five (5) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest to the Single Point of Contact at the ODOT Procurement Office listed on Page One (1) of this ITB. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.17.1 In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to be eligible for award of the Contract as the lowest responsible and responsive Bidder and that any and all lower Bids are ineligible to receive Contract award.

C.17.2 An actual Bidder who is adversely affected or aggrieved by the award of the Contract to another Bidder may protest award, in writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline.

C.17.3 Pursuant to OAR 137-049-0260, no protest against award shall be considered because of the content of Bid Specifications, Plans, or contract Terms after the deadline established for submitting protests of Bid Specifications, Plans or Contract Terms.

C.18 RESPONSE TO INTENT-TO-AWARD PROTESTS: The ODOT Procurement Office will respond in writing to intent-to-award protests submitted by adversely-affected or aggrieved Bidders. ODOT may also respond to intent-to-award protests submitted by other Bidders for purposes of clarification. However, any response provided by ODOT is not intended to, and shall not in and of itself constitute, confirmation that the bidder is, in fact, adversely affected or aggrieved, and therefore entitled to protest an intent to award, or that the protest was timely filed.

C.19 AWARD: After expiration of the five (5) calendar-day intent-to-award protest period, and resolution of all protests, ODOT will proceed with final award. (If ODOT receives only one Bid, ODOT may dispense with the intent-to-award protest period and proceed with award of a Contract.)

C.20 COMMENCEMENT OF WORK: Contractor shall not commence Work under this Contract until the Notice to Proceed has been issued.

C.21 REVIEW OF AWARDED BID FILES: Awarded Bid files are public records and available for review at the ODOT Procurement Office by appointment during regular business hours (Monday through Friday).

C.22 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER

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C.22.1 INSURANCE: The apparent successful Bidder shall provide all required proof of insurance to the ODOT Procurement Office within seven (7) calendar days of notification of intent to award. Failure to present the required documents within the seven (7) calendar-day period may result in Offer rejection. Bidders are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the General Conditions and the Supplemental General Conditions in Exhibit 6 (if any) prior to Offer submission.

Bidders must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to State that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to do an insurance business in the state of Oregon, and certain nonadmitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by ODOT. ODOT's approval will be based on its assessment of the nonadmitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.22.2 PERFORMANCE BOND and PAYMENT BOND: The successful Bidder shall be required to furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE ODOT PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE FORMS APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

The successful Bidder may submit a cashier’s check or certified check in lieu of all or a portion of the required performance bond.

The State of Oregon Performance Bond and Payment Bond form are Exhibits 3 and 4, respectively.

The apparent low Bidder shall provide all required bonding to the ODOT Procurement Office within seven (7) calendar days of notification of intent to award. Failure to present the required documents within seven (7) calendar days may be grounds for award disqualification.

C.22.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Bidder, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

SECTION D BID SECURITY REQUIREMENTS

D.1 Each Offer shall be accompanied by a certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond payable to the Oregon Department of Transportation (“ODOT”) in an amount equal to ten percent (10%) of the total amount of the Offer.

D.2 Bid Security shall be furnished to the Oregon Department of Transportation as security against the failure of the undersigned to comply with all requirements within the time frames established subsequent to notification of intent to award.

D.3 If the undersigned fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, or (3) furnish certificates of insurance within seven (7) calendar days of the written notification of intent to award a Contract, then ODOT may cash the check, draw under the letter of credit or otherwise collect under the Bid Security.

The State of Oregon Bid Bond form is Exhibit 2.

SECTION E – PREVAILING WAGE RATES (BOLI REQUIREMENTS)

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates (PWR) and the required public works bond as outlined in Sections C.1, C.2 & G.2.3 of the General Conditions.

E.2 Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

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E.3 This ITB and the resulting Contract are subject to the following Bureau of Labor and Industries (“BOLI”) wage rate requirements and the prevailing wage rates set forth in the following booklet, as amended, which while not physically attached, is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web site:

The “PREVAILING WAGE RATES for Public Works Contracts in Oregon” dated July 1, 2012.These BOLI wage rates are available on line at:http://egov.oregon.gov/BOLI/WHD/PWR/pwr_state.shtml

E.4 The Work will take place in Curry County.

E.5 The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Bureau of Labor and Industries under the administrative rules of the Commissioner.

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SECTION F – FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

F.1 Pursuant to ORS 279C.370 and OAR 137-049-0360, Bidders are required to disclose information about certain first-tier subcontractors when ODOT estimates the Contract value for a Public Improvement to be greater than $100,000. Specifically, when the Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or within two (2) working hours after Closing:

F.1.1 The subcontractor's name,F.1.2 Dollar value and,F.1.3 The category of work that the subcontractor would be performing.

If the Bidders will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the Disclosure Form.

ODOT MUST REJECT AN OFFER IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE.

F.2 Bidder shall submit the disclosure form required by OAR 137-049-0360 either in its Offer submission or within two (2) working hours after Closing.

F.2.1 Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers which are submitted by Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for Contract award.

F.3 ODOT shall obtain, and make available for public inspection, the disclosure forms required by ORS 279C.370 and OAR 137-049-0360. ODOT shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. ODOT is not required to determine the accuracy or completeness of the information submitted. Substitution of affected first-tier subcontractors shall be made only in accordance with ORS 279C.585.

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (OAR 137-049-0360)

Bids that are submitted by Bid Closing, but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award

AGENCY SUPPLIED INFORMATION:PROJECT NAME: Hwy 101 Repair MP 331-336 Slide RepairBID #: 25237 BID CLOSING: Date: August 21, 2012 Time: 2:00 PMREQUIRED DISCLOSURE DEADLINE: Date: August 21, 2012 Time: 4:00 PMDeliver form to (Agency): ODOT PurchasingDesignated Recipient (Person): Duane Cannon Phone #: 541-957-3686Agency’s Address: 3500 NW Stewart Parkway Roseburg Oregon 97470

INSTRUCTIONS:

The contracting agency will insert "N/A" above if the contract value is not anticipated to exceed $100,000. Otherwise this form must be submitted either with the Bid or within two (2) working hours after the advertised Bid Closing date and time; but no later than the DISCLOSURE DEADLINE stated above.

Unless otherwise stated in the solicitation, this document shall not be submitted by facsimile. It is the responsibility of Bidders to submit this disclosure form and any additional sheets, with the Bid number and project name clearly marked, at the location indicated by the specified disclosure deadline. See “Instructions to Bidders”.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work and the dollar value of the subcontract. Enter the word "NONE" if there are no first-tier subcontractors subject to disclosure. ATTACH ADDITIONAL SHEETS IF NECESSARY.

BIDDER DISCLOSURE:

SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE

1. ________________________ _____________________ __________________2. ________________________ _____________________ __________________3. ________________________ _____________________ __________________4. ________________________ _____________________ __________________5. ________________________ _____________________ __________________6. ________________________ _____________________ __________________

The above listed first-tier subcontractor(s) are providing labor, or labor and material, with a Dollar Value equal to or greater than:

a) 5% of the total Contract Price, but at least $15,000. [If the Dollar Value is less than $15,000 do not list the subcontractor above.]

orb) $350,000 regardless of the percentage of the total Contract Price.

Form Submitted By (Bidder Name): _________________________________________________

Contact Name: ___________________________________ Phone #: _______________________

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SECTION G – CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS / JOINT

VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTSG.1.1 Bidders shall be licensed with the State of Oregon Construction Contractors Board (CCB) prior to bidding on Public Improvement Contract(s). FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

G.1.2 All Subcontractors participating in the project shall be similarly registered with the Construction Contractors Board at the time they propose to engage in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

Bidders SHALL provide their Construction Contractors Board (ORS 701.026) registration number below:

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

G.2 ASBESTOS ABATEMENT LICENSING REQUIREMENTSAn asbestos abatement license under ORS 468A.720 will not be required of the Contractor or its subcontractors.

G.3 JOINT VENTURE/PARTNERSHIP DISCLOSURE

The Bidders shall disclose whether the Offer is submitted by either a partnership or joint venture.

NO: ________ YES: _______

If yes, the Bidders shall provide the name of the contact person for the partnership or joint venturer.

Name: __________________________________________________________

SECTION H - ADDENDA ACKNOWLEDGEMENTH.1 ODOT reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Addendum, prior to the Closing. Addenda will be advertised on the ORPIN System. ODOT is not responsible for a Bidder’s failure to receive notice of Addendum if such are advertised in the foregoing manner. Addenda shall only be issued by the ODOT Procurement Office and upon issuance are incorporated into the Invitation to Bid or the resulting Contract. If required by the Addendum, Bidders shall sign and return the Addendum prior to the Closing time/date.

H.2 By Bidder’s signature in SECTION P, Bidder ACKNOWLEDGES, AGREES and CERTIFIES TO THE FOLLOWING:

H.2.1 If any Addendum are issued in connection with this ITB, Bidder has received and duly considered such Addenda, and has completed the blanks below identifying all Addenda issued, and acknowledging and agreeing to the terms of all such Addenda as those terms revise the terms, conditions, Plans and Specifications of this ITB.

ADDENDA: No. to No. inclusive. ________ ________

H.2.2 IN ADDITION, to completing the blanks above to identify all Addenda, if any, issued under this ITB, Bidder shall sign and return any Addendum that states that it must be signed and returned.

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SECTION I – RESPONSIBILITY INQUIRY/ CONTRACTOR REFERENCES

I.1 ODOT reserves the right, pursuant to OAR 137-049-0390, and OAR 137-049-0440 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Bidder’s responsibility to perform the Contract. Submis-sion of a signed Offer shall constitute approval for ODOT to obtain any information ODOT deems necessary to conduct the evaluation. ODOT shall notify the apparent successful Bidder, in writing, of any other documentation required, which may in-clude, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including num-ber and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Offer rejection.

I.2 ODOT may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility shall render the Bidder non-responsible and shall constitute grounds for Offer rejection, as required under OAR 137-049-0390.

I.3 RESPONSIBILITY INQUIRY FORM: The selected Bidder shall provide (within 3 business days of intent to award notice) a completed, accurate and signed Responsibility Inquiry form. The Responsibility Inquiry form is available at: http://www.oregon.gov/ODOT/CS/OPO/AE.shtml#Forms (under Misc. Procurement Related Forms) and may be submitted as hard copy or electronically via email or fax.

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REFERENCES(MUST BE RETURNED WITH BID)

(Note: The information on this form may be utilized by ODOT to consider whether a Bidder has met the standards of responsibility set forth in ORS 279C.375. Bidder authorizes ODOT to contact any person listed on this form for the purpose of investigating responsibility. Failure to provide complete information shall be grounds for Bid rejection.)1. Bidder Information::a. Business Name:b. Owner Name:c. Business Address:d. Business Phone Daytime: Evening/Weekend:e. Number of Employees: Annual Sales $:f. Date Business Established:g. Insurance Agent Name:h. Insurance Agent Addressi. Insurance Agent Phone:2. FOR THIS PROJECT ONLY:a. Name of Job Supervisor:b. Business Phone Daytime: Evening/Weekend:c. Business Address:3. REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE: Bidder shall provide a list of three different project references with the Offer that can be contacting regarding the quality of workmanship and service that the Bidder provided on projects of comparable size and scope.a. Name of Project:

Project Location:Project Date:Firm Name for Contact Person #1Name of Contact Person #1Telephone Number for Contact Person #1Fax Number for Contact Person #1Firm Name for Contact Person #2Name of Contact Person #2Telephone Number for Contact Person #2Fax Number for Contact Person #2

b. Name of Project:Project Location:Project Date:Firm Name for Contact Person #1Name of Contact Person #1Telephone Number for Contact Person #1Fax Number for Contact Person #1Firm Name for Contact Person #2Name of Contact Person #2Telephone Number for Contact Person #2Fax Number for Contact Person #2

c. Name of Project:Project Location:Project Date:Firm Name for Contact Person #1Name of Contact Person #1Telephone Number for Contact Person #1Fax Number for Contact Person #1Firm Name for Contact Person #2Name of Contact Person #2Telephone Number for Contact Person #2Fax Number for Contact Person #2

4. SUBCONTRACTING TO EMERGING SMALL BUSINESS: Bidder will provide the company name(s) of any certified Emerging Small Business companies that they intend to utilize in the performance of this Contract:

Name:Name:Name:Name:

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SECTION J- RECYCLED PRODUCTS

J.1 Vendors shall use recyclable materials to the maximum extent economically feasible in the performance of the Contract Work set forth in this document.

ORS 279A.010(1)(ii) states: “Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.ORS 279A.010(1)(u) states: “Post-consumer waste” means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. “Post-consumer waste” does not include manufacturing waste.ORS 279A.010(1)(jj) states: “Secondary waste materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value. “Secondary waste materials” includes post-consumer waste. “Secondary waste materials” does not include excess virgin resources of the manufacturing process. For paper, “secondary waste materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.ORS 279A.010(1)(hh) states: “Recycled PETE” means post-consumer polyethylene terephthalate material.

J.2 By my signature in Section P of this ITB, I, the undersigned duly authorized representative of the Bidder, hereby affirm that Bidder will comply with the above recycled products provision.

SECTION K - RESIDENCY INFORMATION

K.1 In determining the lowest responsive Bid, ORS 279A.120(2) provides that, for purposes of awarding a public contract, the State must add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides.

K.2 "Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder".(ORS 279A.120(1)(b))

"Non-resident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (ORS 279A.120(1)(a))

a. Check one: Bidder is a ( ) Resident Bidder ( ) Non-resident Bidder.

b. If a Resident Bidder, enter your Oregon business address: ____________________________________

____________________________________

c. If a Non-resident Bidder, enter state of residency: ___________________________________________

d. If a Non-resident Bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of Contracts with your state's government or with other governmental bodies in your state?

Check one: ( ) Yes ( ) No

If yes: state the preference percentage: ________________________%

If yes, but not a percentage of Bid/proposal price, describe the preference:___________________________________________________________________

If yes, state the law or regulation that allows the preference described (legal citation): ________________________________________________

K.3 FOREIGN CONTRACTOR : If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. The State shall be entitled to withhold final payment under the Contract until Contractor has met this requirement.

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SECTION L - CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By my signature in Section P of this ITB, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 320.005 to 320.150; ORS 403.200 to 403.250; ORS Chapters 118, 314, 316, 317, 318, 320, 321, 323 and the elderly rental assistance program under ORS 310.630 to 310.706, and any local taxes administered by the Department of Revenue under ORS 305.620.

SECTION M - CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

M.1 Pursuant to OAR 137-049-0200 (1)(c)(B), the Bidder certifies by its signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following:

M.1.1 A written employee drug testing policy,

M.1.2 Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and

M.1.3 Required testing of a Subject Employee when the Bidder has reasonable cause to believe the Subject Employee is under the influence of drugs.

M.2 A drug testing program that meets the above requirements will be deemed a "Qualifying Employee Drug Testing Program." An employee is a "Subject Employee" only if that employee will be working on the Project job site.

M.3 If awarded a Public Improvement Contract as a result of this solicitation, Bidder agrees that at the time of Contract execution it shall represent and warrant to ODOT that its Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract. ODOT's performance obligation (which includes, without limitation, ODOT's obligation to make payment) shall be contingent on Contractor's compliance with this representation and warranty.

M.4 If awarded a Public Improvement Contract as a result of this solicitation, Bidder also agrees that at the time of Contract execution, and as a condition to ODOT's performance obligation (which includes, without limitation, ODOT's obligation to make payment), it shall require each Subcontractor providing labor for the Project to:

M.4.1 Demonstrate to the Contractor that it has a Qualifying Employee Drug Testing Program for the Subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug Testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or (b) Require that the Subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract.

SECTION N - CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS

By my signature in Section P of this ITB, I hereby attest or affirm under penalty of perjury: that I am authorized to act on behalf of Bidder in this matter, and to the to the best of my knowledge the Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin. Nor has Bidder or will Bidder discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is:

o a minority, women or emerging small business enterprise certified under ORS 200.055, oro a business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS

408.225.

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SECTION O – OFFICE OF MINORITY, WOMEN, AND EMERGING SMALL BUSINESS (OMWESB) CERTIFICATION

NOTE: This section is for informational purposes only and shall not be considered in the evaluation of the Bid or award of a contract.

Bidders that are certified by the Oregon Office of Minority, Women Owned, and Emerging Small Business, shall provide their Certification Number for any applicable certification listed below. Bidders are required to return this document with their Bid:

Type of Certification Certification Number

Disadvantaged Business Enterprise (DBE)

Minority Business Enterprise (MBE)

Women Business Enterprise (WBE)

Emerging Small Business (ESB)

To verify certification, or for more information related to certification, please go to the following Internet site:

http://imd10.cbs.state.or.us/ex/dir/omwesb/

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SECTION P - SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

THIS BID MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS OR ERASURES TO THE BID MUST BE INITIALED IN INK BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned acknowledges, attests and certifies individually and on behalf of the Bidder that:

(1) He/she is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this ITB and all Addenda, if any, issued.

(2) Bidder, acting through its authorized representatives, has read and understands all ITB instructions, Specifications, Plans, terms and conditions contained in this ITB document (including all listed attachments and Addenda, if any, issued);

(3) The Bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.

(4) ODOT shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidders failure to comprehend all requirements of the ITB.

(5) ODOT shall not be liable for any expenses incurred by Bidder in preparing and submitting its Offer or in participating in the Offer evaluation/selection process.

(6) The Bidder agrees to be bound by and comply with all applicable requirements of ORS 279C.800 through ORS 279C.870 and the administrative rules of the Bureau of Labor and Industries (BOLI) regarding prevailing wage rates and the filing of a public works bond with the Construction Contractors Board.

(7) The Offer was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

(8) Bidder is bound by and will comply with all requirements, Specifications, Plans, terms and conditions contained in the ITB (including all listed attachments and Addenda, if any, issued) and this Bid and in the event of any discrepancy between the terms and conditions of the ITB and this Bid, the terms and conditions of the ITB shall govern.

(9) Bidder will furnish the designated item(s) and/or service(s) in accordance with the Bid Specifications, Plans and requirements, and will comply in all respects with the terms of the resulting Contract upon award;

(10) Bidder represents and warrants that Bidder has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; and

(11) All affirmations and certifications contained in Sections J, K, L, M and N are true and correct.

Authorized Signature: Title:

Contact Person (Type or Print)

Telephone Number: Fax Number:

Email Address:

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Bid No. 25237Page 22

EXHIBIT 1 - PRICING SUBMITTAL FORM(MUST BE RETURNED WITH BID)

The Bidder proposes to furnish all material, equipment and labor, and perform all work for ODOT, in strict accordance with the Invitation to Bid and Specifications attached, on the basis of the lump sum and/or unit prices as follows:

ITEM DESCRIPTIONEST.QTY. UNIT

UNITPRICE

TOTALPRICE

1. Mobilization 1 Lump Sum $__________

2. Traffic Control 1 Lump Sum $__________

3. Flagging 500 Hours $__________ $__________

4. Stone Embankment 2880 Tons $__________ $__________

5. Clearing and Grubbing 1 Lump Sum $__________

6. General Excavation 1 Lump Sum $__________

7. Subgrade Geotextile 1600 Sq. Yard $__________ $__________

8. Aggregate Base 365 Tons $__________ $__________

9. Cold Plane Pavement Removal 26400 Sq. Foot $__________ $__________

10. Level 3, ½" Dense HMAC 1770 Tons $__________ $__________

11. Concrete Curb 220 Lineal Foot $__________ $__________

12. Guardrail, Type 2A 700 Lineal Foot $__________ $__________

13. Adjust Guardrail 500 Lineal Foot $__________ $__________

TOTAL BID $__________

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EXHIBIT 2STATE OF OREGON

STANDARD PUBLIC IMPROVEMENT CONTRACTBID BOND

We, as “Principal,” and

(Name of Principal) (Name of Surety)an Corporation,

authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto the State of Oregon (“Obligee”) the sum of

($ ) dollars.

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or Bid to an agency of theObligee in response to Obligee’s procurement document (No ) for the project identified as:

which proposal or Bid is made a part of

this bond by reference, and Principal is required to furnish Bid security in an amount equal to ten (10%) percent of the total amount of the Bid pursuant to ORS 279C.365(5) and the procurement document.

NOW, THEREFORE, if the proposal or Bid submitted by Principal is accepted, and if a contract pursuant to the proposal or Bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the procurement document and executes and delivers to Obligee its good and sufficient performance and payment bonds required by Obligee within the time fixed by Obligee, then this obligation shall be void; otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legalrepresentatives this day of 20

PRINCIPAL:BY ATTORNEY-IN-FACT:Power-of-Attorney must accompany each surety bond]

By

Signature Name

Official Capacity SignatureAttest:

Corporation Secretary AddressSURETY:

[Add signatures for each surety if using multiple bonds] City State Zip

Phone Fax

731-042, Rev. 11/07/2011

Bid No. 25237Page 24

EXHIBIT 3STATE OF OREGON

STANDARD PUBLIC IMPROVEMENT CONTRACTPERFORMANCE BOND

Bond No.

Solicitation

Project Name

(Surety #1) Bond Amount No. 1: $(Surety #2)* Bond Amount No. 2:* $

* If using multiple sureties Total Penal Sum of Bond: $We, as Principal, and the above identified Surety(ies), authorized to transact surety

business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of

(Total Penal Sum of Bond)(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and

WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which are contained in the above-referenced Solicitation;

WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by the Surety:

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the Contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the State of Oregon, the Department of Transportation, and members thereof, its officers, employees and agents, against any direct or indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said contract according to law, then this obligation is to be void; otherwise, it shall remain in full force and effect.

Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the Department of Transportation, be obligated for the payment of any premiums.

This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond and made a part hereof.

IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.Dated this day of 20

PRINCIPAL: BY ATTORNEY-IN-FACT:Power-of-Attorney must accompany each surety bond]

By

Signature Name

Official Capacity SignatureAttest:

Corporation Secretary AddressSURETY:

[Add signatures for each surety if using multiple bonds] City State Zip

Phone Fax

731-042, Rev. 11/07/2011

Bid No. 25237Page 25

EXHIBIT 4STATE OF OREGON

STANDARD PUBLIC IMPROVEMENT CONTRACTPAYMENT BOND

Bond No.

Solicitation

Project Name

(Surety #1) Bond Amount No. 1: $(Surety #2)* Bond Amount No. 2:* $

* If using multiple sureties Total Penal Sum of Bond: $We, as Principal, and the above identified Surety(ies), authorized to transact surety

business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of

(Total Penal Sum of Bond)(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and

WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which are contained in above-referenced Solicitation;

WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract, or constitute authorized extensions of time for performance of the Contract, notice of any such modifications hereby being waived by the Surety:

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said Contract and any duly authorized modifications that are made, upon the terms set forth therein, and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the State of Oregon, the Department of Transportation, and members thereof, its officers, employees and agents, against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials or both to the Principal or its subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or prosecuted against the State on account of any labor or materials furnished; and shall do all things required of the Principal by the laws of this State, then this obligation shall be void; otherwise, it shall remain in full force and effect.

Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the Department of Transportation, be obligated for the payment of any premiums.

This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond and made a part hereof.

IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES:Dated this day of 20

PRINCIPAL: BY ATTORNEY-IN-FACT:Power-of-Attorney must accompany each surety bond]

By

Signature Name

Official Capacity SignatureAttest:

Corporation Secretary AddressSURETY:

[Add signatures for each surety if using multiple bonds] City State Zip

731-042, Rev. 11/07/2011

Bid No. 25237Page 26

Phone Fax

731-042, Rev. 11/07/2011

Bid No. 25237Page 27

EXHIBIT 5STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT FORM

for the project

Hwy 101 Repair MP 331-336 Slide Repair

Contract Number

____________________

This Agreement for the Hwy 101 Repair MP 331-336 Slide Repair (the “Agreement”), made by and between the State of Oregon, acting by and through the Department of Transportation, hereinafter called OWNER, and_____________________________________ hereinafter called the CONTRACTOR, (collectively the “Parties”) shall become effective on the date this Agreement has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained, whichever is later. Unless otherwise defined in the Invitation to Bid or in this Agreement, the capitalized terms used herein are defined in Section A.1 of the State of Oregon General Conditions for Public Improvement Contracts.

WITNESSETH:

1. Contract Price, Contract Documents and Work.

The CONTRACTOR, in consideration of the sum of $_____________________ (the “Contract Price”), to be paid to the CONTRACTOR by OWNER in the manner and at the time hereinafter provided, and subject to the terms and conditions provided in the Invitation to Bid and other Contract Documents, all of which are incorporated herein by reference, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents. The CONTRACTOR understands and agrees that various Attachments and Exhibits to the Invitation to Bid and other Contract Documents were not physically attached but were and are incorporated by reference and have the same force and effect as if fully set forth therein.

The Contract Price includes Bid Items 1-13 as shown on Exhibit 1, Pricing Submittal Form.

2. Representatives.

Unless otherwise specified in the Contract Documents, the OWNER designates Wade Luckman as its Authorized Representative in the administration of the Contract. The above-named individual shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of the OWNER. CONTRACTOR has named _______________________________________ its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT START DATE: As agreed between Contractor and ODOT Project Manager.

SUBSTANTIAL COMPLETION: September 23, 2012.

FINAL COMPLETION: September 28, 2012.

4. Liquidated Damages.

a. Failure to achieve Substantial Completion of the project known as Hwy 101 Repair MP 331-336 Slide Repair by the time specified above for Substantial Completion will result in damage to the State of Oregon. Since actual damage will be difficult to determine, it is agreed that the Contractor shall pay to the State of Oregon, not as a penalty but as liquidated damages, $400.00 per calendar day for each day elapsed in excess of the Substantial Completion date specified in Section 3 of this Agreement until Substantial Completion is achieved.

b. Lane closures not in compliance with the limits listed above.

It is impractical to determine the actual damages which the Agency would sustain in the event a traffic lane is closed. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 15 minutes, or any portion thereof, per lane, for any lane closure not in compliance with the limits listed in 00220.40(e). In addition to the liquidated damages, any added cost for traffic control measures, including flagging, required to maintain the lane closures

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beyond the permitted time limits, shall be at the Contractor’s expense. The required traffic control measures will be as determined by the Engineer.

5. Integration.

THE CONTRACT DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THE CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THE CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

In witness whereof, the STATE OF OREGON, acting by and through the Department of Transportation executes this Agreement and the CONTRACTOR does execute the same as of the day and year indicated below.

CONTRACTOR’S DATA:

CONTRACTOR’S NAME & ADDRESS:

_____________________________________________________________________

CONTRACTOR’S CCB #: _________________________ Expiration Date: ____________________________

CONTRACTOR’S SIGNATURE:

_________________________________________________________________________________________________Title Date

State of Oregon by and through Department of Transportation:

____________________________________________________________________________________________________Issued by Title Date

____________________________________________________________________________________________________Authorized Signature Title Date

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EXHIBIT 6

SUPPLEMENTAL GENERAL CONDITIONS

Project Name: Hwy 101 Repair MP 331-336 Slide Repair

For the above project and resulting Contract, the following supplements modify the General Conditions. Where a portion of the General Conditions is modified or deleted by these Supplemental General Conditions, the unaltered portions of the General Conditions shall remain in effect.1. Add the following at the beginning of SECTION K CONTRACT CLOSEOUT:

Prior to final payment, Contractor and Owner shall sign a Contract Closeout Compliance Checklist prepared by Owner. Contractor’s notice requirements in Sections K.3 and K.7 below will be deemed completed upon Owner’s acceptance of Contractor’s signature on the Checklist.

2. Delete Section G.3 INSURANCE in its entirety and replace with the following:

G.3 INSURANCE

G.3.1 Primary Coverage: Insurance carried by Contractor under this Contract shall be the primary coverage, and the Owner's insurance is excess and solely for damages or losses for which the Owner is responsible. The coverages indicated are minimums unless otherwise specified in the Contract Documents.

G.3.2 Workers' Compensation: All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126. This shall include Employer’s Liability Insurance with coverage limits of not less than $100,000 for each accident. Contractors who perform the Work without the assistance or labor of any employee need not obtain such coverage if the Contractor certifies so in writing. Contractor shall ensure that each of its Subcontractors complies with these requirements. The Contractor shall require proof of such Workers’ Compensation by receiving and keeping on file a certificate of insurance from each Subcontractor or anyone else directly employed by either the Contractor or its Subcontractors.

G.3.3 Builder’s Risk Insurance and Builder’s Risk Installation Floater (RESERVED – NOT REQUIRED FOR THIS PROJECT)

G.3.4 Liability Insurance:

G.3.4.1 Commercial General Liability: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to the State. This insurance shall include personal injury liability, products and completed operations, and contractual liability coverage for the indemnity provided under this Contract (to the extent contractual liability coverage for the indemnity is available in the marketplace), and shall be issued on an occurrence basis. Combined single limit per occurrence shall not be less than $1,000,000 for each job site or location. Each annual aggregate limit shall not be less than $1,000,000.

G.3.4.2 Automobile Liability: Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Automobile Liability Insurance covering owned, non-owned and/or hired vehicles, as applicable. The coverage may be written in combination with the Commercial General Liability Insurance. Combined single limit per occurrence shall not be less than $1,000,000.00, or the equivalent.

G.3.4.3 "Tail" Coverage: If any of the required liability insurance is arranged on a "claims made" basis, "tail" coverage will be required at the completion of this Contract for a duration of 24 months or the maximum time period available in the marketplace if less than 24 months. Contractor will be responsible for furnishing certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Final Completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage, provided its retroactive date is on or before the effective date of this Contract. This will be a condition of the final acceptance of Work or services and related warranty (if any).

G.3.5 Additional Insured: The liability insurance coverage, except Professional Liability if included, required for performance of this Contract shall include the State of Oregon, its departments, divisions, officers, and employees, as Additional Insureds but only with respect to the Contractor's activities to be performed under this Contract. If Contractor cannot obtain an insurer to name the State of Oregon, its departments, divisions, officers and employees as Additional Insureds, Contractor shall obtain at Contractor's expense, and keep in effect during the term of this Contract, Owners and Contractors Protective Liability Insurance, naming the State of Oregon, its departments, divisions, officers and employees as Named Insureds with not less than a $1,000,000.00 limit per occurrence. This policy must be kept in effect for 12 months following Final Completion. As evidence of coverage, Contractor shall furnish the actual policy to Owner prior to its issuance of a Notice to Proceed.

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G.3.6 Notice of Cancellation or Change: There shall be no cancellation, material change, potential exhaustion coverages without thirty (30) Days' written notice from the Contractor or its insurer(s) to the Owner. Any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverages provided to the State of Oregon, its Owner and their divisions, officers, and employees.

G.3.7 Certificate(s) of Insurance: As evidence of the insurance coverage required by this Contract, the Contractor shall furnish certificate(s) of insurance to the Owner prior to its issuance of a Notice to Proceed. The certificate(s) will specify all of the parties who are Additional Insureds or Loss Payees. Insurance coverage required under this Contract shall be obtained from insurance companies or entities acceptable to the Owner that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to do an insurance business in the state of Oregon, and certain nonadmitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by the Owner. The certificates will also specify that there shall be no cancellation, material change, potential exhaustion of aggregate limits or intent not to renew insurance coverages without thirty (30) Days' written notice from the insurer(s) to the Owner. To the extent Certificates of Insurance contain words to the effect that Contractor shall "endeavor to send notice of cancellation" or similar language, Contractor shall require its insurer to send such notice by making sure that the words “endeavor to” or similar words are removed from the Certificate. The Contractor shall be financially responsible for all deductibles, self-insured retentions and/or self-insurance included hereunder. Any deductible, self-insured retention and/or self-insurance in excess of $50,000 shall be approved by the Owner in writing prior to issuance of a Notice to Proceed and is subject to Owner's approval.

5. MATERIAL SALVAGE FOR DEMOLITION CONTRACTS: Pursuant to ORS 279C.510 the Contractor and all subcontractors involved in demolition work are required to salvage or recycle construction and demolition debris, if feasible and cost-effective.

3 . Remove the following from SECTION G.3 INSURANCE

G.3.3 Builder’s Risk Insurance and Builder’s Risk Installation Floater.

NOTE: Builder’s Risk Insurance and Builder’s Risk Installation Floater do not apply to this Project.

4 . MATERIAL SALVAGE FOR DEMOLITION CONTRACTS : Pursuant to ORS 279C.510 the Contractor and all subcontractors involved in demolition work are required to salvage or recycle construction and demolition debris, if feasible and cost-effective.

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SPECIFICATIONS AND SPECIAL PROVISIONS FOR HIGHWAY 101 SLIDE REPAIR AT VARIOUS LOCATIONS

The work to be done under this contract is located on Highway 101 between MP 331 and MP 336 approximately 2 miles south of Gold Beach, Oregon. This work consists of repairing slide areas by excavating, placing geotextile/stone embankment, base rock, grind asphalt, place asphalt, replace/adjust guardrail and place concrete curb. Work at each location will be different as shown in Table 1. All work under this project consists of supplying the equipment, labor and materials to perform the work shown in the contract plans and specifications.

PROJECT INFORMATION

General information pertaining to this project may be obtained from the following:

Wade Luckman, Project ManagerOregon Department of Transportation307 Highway 42 EastCoquille, OR 97423

Phone (541) 396-1143Cell (541) 290-0888FAX (541) 396-5321

APPLICABLE STANDARD SPECIFICATIONS

The Department of Administrative Services’ applicable standard specifications will apply to this project over other specifications. The Standard Specifications that are applicable to the specific bid items on this project are ODOT’s 2008 edition of the “Standard Specifications for Highway Construction”.

00170 - CONTROL OF WORK

The Contractor shall have a responsible person on the job at all times while work is in progress, capable and with the authority to make job site decisions as an official contractor’s representative.

00150.50 Cooperation With Utilities

The Contractor shall be responsible to comply with ORS 757.541 to 757.571, Excavation Regulations. Buried utilities are present within the project. The contractor is responsible for coordinating conflict resolution with utility owners and ODOT and expose, protect, and maintain utility facilities.

This project is located within the area covered by the Oregon Utility Notification Center, which is the utility notification system for notifying the owners of utilities of work being performed within the vicinity of their facilities. The Utility Notification system phone number: 1-800-332-2344.

00170 - LEGAL RELATIONS AND RESPONSIBILITIES

Comply with Section 00170 of the Standard Specifications00180 – PROSECUTION AND PROGRESS

00180.41 Project Work Schedules

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The Contractor must submit a Type ”A” schedule 7 days prior to the pre-construction meeting.

00180.50 Contract Time to Complete Work

Complete all work to be done under this contract no later than September 28, 2012.

00190 - MEASUREMENT OF PAY QUANTITIES

All measurement of quantities will be made in English Units.

00210   -   MOBILIZATION

Comply with Section 00210 of the Standard Specifications.

00220   -   ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications modified as follows:

00220.02  Public Safety and Mobility - Add the following bullets to the end of the bullet list: Maintain one lane open in each direction at all times.

00220.40(e) Lane Restrictions – Maintain one lane in each direction open at all times. Do not close any traffic lanes on the Highway 101 between:

3:00 p.m. on Fridays and midnight on Sundays. Noon on the day preceding legal holidays or holiday weekends and midnight on legal holidays or

the last day of holiday weekends.

For the purposes of this section, legal holidays are as follows:

Labor Day on September 3

Roadways shall be free of barricades or other objects, delineated and all lanes opened to traffic during all the restrictive periods listed above.

00220.40(f) Liquidated Damages - Lane closures not in compliance with the limits listed above.

It is impractical to determine the actual damages which the Agency would sustain in the event a traffic lane is closed. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 15 minutes, or any portion thereof, per lane, for any lane closure not in compliance with the limits listed in 00220.40(e). In addition to the liquidated damages, any added cost for traffic control measures, including flagging, required to maintain the lane closures beyond the permitted time limits, shall be at the Contractor’s expense. The required traffic control measures will be as determined by the Engineer.

00220.60(a-1)  Contractor Responsibility - Add the following bulleted item to the end of this subsection:

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Keep the surface being used by bicycles free of all dirt, mud, gravel and other harmful materials. The surface includes bike paths, bike lanes, roadway shoulders or the outside 1.8 m (6 feet) of the roadway.

00225   -   Work Zone Traffic Control

A traffic control plan must be turned into the Project Manager at the Coquille ODOT office and approved before the contractor may begin work. Traffic Control shall follow ODOT Standard Drawings TM800, TM850, TM821, TM830 and all ODOT specifications. All traffic control (cones, flaggers, etc.) will be considered incidental to the “TP & DT” bid item.

Comply with Section 00225 of the Standard Specifications.

00330 - EARTHWORK

Comply with Section 003300 of the Standard Specifications supplemented and/or modified as follows:

Excavate material as needed and as directed by ODOT representative. Quantity of excavation material will vary per site and an overall estimate of 500 yards. This is only an estimate and could be substantially more or less. No separate measurement is required. Payment shall be lump sum. Material removed becomes property of the Contractor at the place of origin and disposed of at the Contractor’s expense. The location of the area at which the material is to be disposed of is subject to approval by the Engineer pending environmental concurrence on the suitability of the proposed site.

Stone embankment material shall be placed as needed. Stone embankment material shall be angular and as per Standard Specification 00330.16(a) of the 2008 Standard Specifications. The source and quality of the stone embankment material shall be approved by the Engineer prior to the beginning of construction. Measurement shall be by the ton.

00350   -   GEOSYNTHETIC INSTALLATION

Comply with Section 00350 of the Standard Specifications.

00440   -   COMMERCIAL GRADE CONCRETE

Comply with Section 00440 of the Standard Specifications.

00640   -   AGGREGATE BASE AND SHOULDERS

Comply with Section 00640 of the Standard Specifications.

00730   -   EMULSIFIED ASPHALT TACK COAT

Comply with Section 00730 of the Standard Specifications.

00744   -   MINOR HOT MIXED ASPHALT CONCRETE (MHMAC) PAVEMENT

Comply with Section 00744 of the Standard Specifications.

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00759   -   MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES

Comply with Section 00759 of the Standard Specifications.

00810 - GUARDRAIL

Comply with Section 00810 of the Standard Specifications.

02320   -   GEOSYNTHETICS

2320.20 Geotextile Property Values - Replace Table 02320-1 with the following tables:

Table 02320-1  Geotextile Property Values for Drainage Geotextile *

Geotextile Property ASTMTest Method Units

Geotextile Property RequirementsType 1 Type 2

Woven

Nonwoven

Woven

Nonwoven

Grab Tensile Strength (minimum)  Machine and Cross Machine Directions

D 4632 lb 180 115 250 160

Grab Failure Strain(minimum)  Machine and Cross Machine Directions

D 4632 % < 50 ≥ 50 < 50 ≥ 50

Tear Strength  (minimum) D 4533 lb 67 40 90 56

Puncture Strength(minimum) D 6241 lb 370 220 495 310

Sewn Seam Strength(minimum) D 4632 lb 160 100 220 140

Apparent Opening Size(AOS)  (maximum)U.S. Standard Sieve

D 4751 — 40 40 40 40

Permittivity  (minimum) D 4491 sec-1 0.5 0.5 0.5 0.5

Ultraviolet Stability Retained Strength  (minimum)

D 4355(at 500 hours) % 50 50 50 50

* Woven slit film geotextiles (geotextiles that are made from yarns of a flat, tape-like character) are not acceptable.

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Table 02320-2  Geotextile Property Values for Riprap Geotextile *

Geotextile Property ASTMTest Method Units

Geotextile Property RequirementsType 1 Type 2

Woven

Nonwoven

Woven

Nonwoven

Grab Tensile Strength (minimum)  Machine and Cross Machine Directions

D 4632 lb 250 160 315 200

Grab Failure Strain(minimum)  Machine and Cross Machine Directions

D 4632 % < 50 ≥ 50 < 50 ≥ 50

Tear Strength  (minimum) D 4533 lb 90 56 110 80

Puncture Strength(minimum) D 6241 lb 495 310 620 430

Sewn Seam Strength(minimum) D 4632 lb 220 140 280 180

Apparent Opening Size(AOS)  (maximum)U.S. Standard Sieve

D 4751 — 40 40 40 40

Permittivity  (minimum) D 4491 sec-1 0.5 0.5 0.5 0.5

Ultraviolet Stability Retained Strength  (minimum)

D 4355(at 500 hours) % 70 70 70 70

* Woven slit film geotextiles (geotextiles that are made from yarns of a flat, tape-like character) are not acceptable.

Table 02320-3  Geotextile Property Values for Sediment Fence

Geotextile Property ASTMTest Method Units

Geotextile Property RequirementsSupported Unsupported

—Elongation

*≥ 50%

Elongation *

 50%Grab Tensile Strength (minimum)  Machine and Cross Machine Directions

D 4632 lb 9090

120100

120100

Apparent Opening Size(AOS)  (maximum)U.S. Standard Sieve

D 4751 — 30 30 30

731-042, Rev. 11/07/2011

Bid No. 25237Page 36

Permittivity  (minimum) D 4491 sec-1 0.05 0.05 0.05

Ultraviolet Stability Retained Strength  (minimum)

D 4355(at 500 hours) % 70 70 70

* Measured according to ASTM D 4632.

Table 02320-4  Geotextile Property Values for Subgrade Geotextile (Separation)

Geotextile Property ASTMTest Method Units

Geotextile Property Requirements

Woven NonwovenGrab Tensile Strength(minimum)  Machine and Cross Machine Directions

D 4632 lb 180 113

Grab Failure Strain(minimum)  Machine and Cross Machine Directions

D 4632 % < 50 ≥ 50

Tear Strength  (minimum) D 4533 lb 68 41

Puncture Strength(minimum) D 6241 lb 371 223

Sewn Seam Strength(minimum) D 4632 lb 162 102

Apparent Opening Size(AOS)  (maximum)U.S. Standard Sieve

D 4751 — 30 30

Permittivity  (minimum) D 4491 sec-1 0.05 0.05Ultraviolet Stability Retained Strength  (minimum)

D 4355(at 500 hours) % 50 50

Table 02320-5  Geotextile Property Values for Embankment Geotextile

Geotextile Property ASTMTest Method Units

Geotextile Property Requirements

Woven NonwovenGrab Tensile Strength(minimum)  Machine and Cross Machine Directions

D 4632 lb 315 200

731-042, Rev. 11/07/2011

Bid No. 25237Page 37

Grab Failure Strain(minimum)  Machine and Cross Machine Directions

D 4632 % < 50 ≥ 50

Tear Strength  (minimum) D 4533 lb 110 80

Puncture Strength(minimum) D 6241 lb 620 430

Sewn Seam Strength(minimum) D 4632 lb 280 180

Apparent Opening Size(AOS)  (maximum)U.S. Standard Sieve

D 4751 — 30 30

Permittivity  (minimum) D 4491 sec-1 0.02 0.02Ultraviolet Stability RetainedStrength  (minimum)

D 4355(at 500 hours) % 50 50

Table 02320-6  Geotextile Property Values for Pavement Overlay Geotextile

Geotextile Property ASTMTest Method Units

Geotextile Property Requirements

NonwovenGrab Tensile Strength(minimum)  Machine and Cross Machine Directions

D 4632 lb 100

Grab Failure Strain(minimum)  Machine and Cross Machine Directions

D 4632 % ≥ 50

Asphalt Retention(minimum) D 6140 oz./sq.ft. 2.8

Melting Point  (minimum) D 276 F 300

731-042, Rev. 11/07/2011

Bid No. 25237Page 38

TABLE – 1

Sink Repair DescriptionLocation (Hwy 101) Dimensions Description of Work

MP 331.6 16'Wx70'L

Geotextile/Stone Embankment/6"Base Rock/ 6" AC/Replace Guardrail

MP332.8 28'Wx300'L

Geotextile/Stone Embankment/6"Base Rock/ 6" AC/ Replace Guardrail

MP 333.1 48'Wx100'L 2" Grind/2" Inlay

MP 333.5 - MP 333.6 48'Wx300'L4" AC Overlay/Grind Butt Joints/Adjust Guardrail

  48'Wx300'L6" AC Overlay/Grind Butt Joints/Adjust Guardrail

MP 334.3 48'Wx100'L 2" Grind/2" Inlay/Adjust Guardrail

MP 334.5 16'Wx300'L 2" Grind/2" Inlay

MP335.2 16'Wx220'L

Geotextile/Stone Embankment/6"Base Rock/ 6" AC/ Replace Guardrail

MP 335.7 16'Wx70'L

Geotextile/Stone Embankment/6"Base Rock/ 6" AC/Install Conc. Curb

731-042, Rev. 11/07/2011