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City/ODOT <br />Agreement No. 24651 <br />with the DBE goal issue. If City disagrees with the response, City may discuss with <br />State's Office of Civil Rights, however, State's Office of Civil Rights has the final <br />determination. State will invoice City for all DBE, EEO and OJT services performed. <br />Construction Activities and Administration <br />1. City understands and agrees that certification is only for the low bid contracting <br />process. If City wishes to use an alternate method of bidding other than low bid, City <br />shall contact the State's Regional Local Agency Liaison to obtain State's and/or <br />FHWA approval <br />2. City may use Additive Alternate Bidding (aka Bid Alternates). City's first Additive <br />Alternate Bidding project using the Certification Program will be considered. a test <br />project and City will need to inform State's Regional Local Agency Liaison at 90 <br />percent PS&E. <br />3. City agrees that contract administration, quality control, quality assurance, material <br />sampling and testing will be accomplished in accordance with City's current Federal- <br />Aid Certification Plan for Capitol Improvements, or City may use State's current <br />Construction Manual. Said manuals are incorporated hereto by reference, and by this <br />reference made a part hereof. <br />4. After receipt of 90 percent PS&E, State shall determine whether Bureau of Labor & <br />Industries (BOLT) (state) wage rates apply or if BOLI and Davis-Bacon (federal) wage <br />rates must be compared and the higher of the two rates paid per classification and <br />inform City within ten (10) working days. City shall monitor labor compliance and <br />prevailing wage rate compliance. <br />5. City shall include in the bid book the requirement of a bid guaranty in an amount not <br />to exceed 10 percent of the bid amount; a performance bond in an amount equal to <br />the full contract price; and a payment bond in the amount equal to the full contract <br />price. Each bid guaranty, performance bond and each payment bond must be <br />executed solely by a surety company or companies holding a certificate of authority to <br />transact surety business in Oregon. <br />6. If City awards a construction contract, City shall follow City's materials quality <br />program. City shall process and pay all contractor progress estimates, make final <br />contractor payment, check final quantities and costs, and oversee and provide <br />inspection services during the construction phase of the project. <br />7. .State will reimburse City for construction contractor payments within ten (10) working <br />days of receipt of payment request from City. Once State's Regional Local Agency <br />Liaison has received invoice from City, State's Regional Local Agency Liaison shall <br />forward the invoice to State's Financial Services Office for payment. Receipt of <br />payment requests shall include the items listed in Construction. Activities and <br />..Administration Section, paragraph 6 of this Agreement. <br />14 <br />