PARTIES and OVERVIEW - Non-Exclusive Price Agreement Overview

Sep 1, 2026

Non-Exclusive Price Agreement overview between the State of Oregon, acting through ODOT, and a named asphalt supplier (Contractor). Defines “Parties” and “Party,” establishes primary contacts, and allows each party to change its PA administrator via written email notice. Explains that the agreement is one of a series for ODOT convenience, with supplier selection described in Exhibit G. States no guaranteed minimum or maximum purchases and reserves ODOT’s right to contract for similar services outside the PA series where permitted by law.

LanguageEnglish

CategoryInvoices

FormatDOCX

Pages26

Reading Time9 min

AccessFree to download

1. PARTIES and OVERVIEW

Non-Exclusive Agreement

Primary contacts and administrator changes

2. DEFINITIONS

OAR-referenced terms

MACMP and PA Series definitions

3. PA TERM

Effective date and expiration

Purchase Orders after termination

4. LISTED PRICES, PRICE ADJUSTMENTS, AND DELIVERY LOCATION and SCHEDULE

Listed prices

Monthly MACMP escalation/de-escalation

5. TECHNICAL SPECIFICATIONS

6. STANDARD TERMS AND CONDITIONS

1. PARTIES and OVERVIEW This PA is between the State of Oregon, acting by and through its Department of Transportation (“ODOT”) and NAME OF ASPHALT SUPPLIER, hereafter called “Contractor.” ODOT and Contractor together are also referred to as “Parties” and individually referred to as “Party.” The primary contacts for this PA are identified in the table below. Each Party may change their PA administrator designee by promptly sending written notice via email to the other Party’s PA administrator. Non-Exclusive Agreement. This PA is one of a series of PAs established for the convenience of ODOT. Exhibit G describes the method ODOT will use to select from suppliers (contractors) within the PA series. ODOT makes no guarantee of any minimum or maximum purchases under this PA or the PA series. ODOT reserves the right to contract for the purchase of similar services outside of this PA and the PA series in accordance with applicable law. TABLE OF CONTENTS TOC \o "1-1" \h \z \u HYPERLINK \l "_Toc178585706" 1. PARTIES and OVERVIEW PAGEREF _Toc178585706 \h 1 HYPERLINK \l "_Toc178585707" 2. DEFINITIONS PAGEREF _Toc178585707 \h 3 HYPERLINK \l "_Toc178585708" 3. PA TERM. PAGEREF _Toc178585708 \h 3 HYPERLINK \l "_Toc178585710" 4. LISTED PRICES, PRICE ADJUSTMENTS, AND DELIVERY LOCATION and SCHEDULE. PAGEREF _Toc178585710 \h 3 HYPERLINK \l "_Toc178585711" 5. TECHNICAL SPECIFICATIONS PAGEREF _Toc178585711 \h 5 HYPERLINK \l "_Toc178585712" 6. STANDARD TERMS AND CONDITIONS PAGEREF _Toc178585712 \h 9 HYPERLINK \l "_Toc178585713" 7. RESERVED PAGEREF _Toc178585713 \h 17 HYPERLINK \l "_Toc178585714" 8. PA EXHIBITS PAGEREF _Toc178585714 \h 17 HYPERLINK \l "_Toc178585715" 9. CONTRACTOR CERTIFICATIONS and SIGNATURES PAGEREF _Toc178585715 \h 18 HYPERLINK \l "_Toc178585716" EXHIBIT A – RESERVED PAGEREF _Toc178585716 \h 20 HYPERLINK \l "_Toc178585717" EXHIBIT B – RESERVED PAGEREF _Toc178585717 \h 20 HYPERLINK \l "_Toc178585718" EXHIBIT C – INSURANCE REQUIREMENTS PAGEREF _Toc178585718 \h 20 HYPERLINK \l "_Toc178585719" EXHIBIT D - TITLE VI NON-DISCRIMINATION PROVISIONS PAGEREF _Toc178585719 \h 23 HYPERLINK \l "_Toc178585720" EXHIBIT E - RESERVED PAGEREF _Toc178585720 \h 24 HYPERLINK \l "_Toc178585721" EXHIBIT F – RESERVED PAGEREF _Toc178585721 \h 24 HYPERLINK \l "_Toc178585722" EXHIBIT G – CONTRACTOR SELECTION AND PURCHASE ORDERS PAGEREF _Toc178585722 \h 25 “RESERVED” indicates a section or exhibit that is not used for this Price Agreement. 2. DEFINITIONS The following terms have the meaning provided in OAR 125-246-0110: “Business Day”, “Contractor”, “Goods”, “OAR”, “ORS”, “Ordering Instrument”, “Price Agreement”, “Purchase Order”, “Specification”, “State”. Listed price means the price provided by Contractor and listed in its Price Agreement before escalation or de-escalation is applied. “MACMP” means Monthly Asphalt Cement Material Price and is an index price established by ODOT each month and published on its website: HYPERLINK "https://www.oregon.gov/odot/business/pages/asphalt-fuel-price.aspx" https://www.oregon.gov/odot/business/pages/asphalt-fuel-price.aspx. The MACMP will be used to determine monthly price adjustments for escalation and de-escalation of asphalt cement material market prices. “PA Series” refers collectively to all active PAs awarded under solicitation number S-73000-00011918 or through subsequent solicitations. “PO” means Purchase Order as defined in OAR 125-246-0110. 3. PA TERM. This PA is effective on the date it has been signed by the Parties and all required approvals have been obtained. No work or compensation under the PA is authorized until a PO has been issued by ODOT. Unless otherwise terminated, this PA shall expire 12/31/2034. Any POs still in effect when the PA expires or is terminated (unless the PO is also terminated) remain in effect until all requirements under the PO are fulfilled

FAQs

Who are the parties to this Price Agreement, and how are they defined?

The parties are the State of Oregon acting through ODOT and the asphalt supplier (Contractor). Together they are referred to as “Parties,” and individually as “Party.”

How can either party change its PA administrator designee?

Each party may change its PA administrator designee by sending written notice via email to the other party’s PA administrator.

Does ODOT guarantee any minimum or maximum purchases under the agreement?

No. ODOT makes no guarantee of minimum or maximum purchases under this Price Agreement or the PA series.

Sep 1, 2026

Upload by Felix Montgomery