S-2 Contractors, Inc ~ CP18001 City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
Tigaid, Oregon 97223
■ .AMENDMENT #1 SUMMARY Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
wu-w.ti d-or. oi.
Project Title: East Tigard Sewer Pro'ect Manager: Jeff Peck
Contractor: Braun Construction Original Contract#: CP18007
Effective Dates: 12/12/17 Change Order/AmendmentAmount: $0.00
Accounting String: 500-8000-56005 Amendment Percentage Running Total: 0%
AMENDMENT DETAILS
Extend contract to complete sewer improvements, sensitive area landscaping,and site restoration
- Contract to be extended to February 28,2018.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Chane order for time only
REASONING FOR CHANGE ORDER/AMENDMENT
Contractor has requested additional time to complete sewer improvements and for planting of the sensitive areas.
BUDGET IMPACT AND REQUIRED ACTIONS
This contract extension will not require a budget adjustment.
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules,regulations,and laws that may be in effect for the Signature
work. The unit pricing in the original contract shall apply to all
additional work. A copy of this form, once completed,is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember—the cumulative total of
Amendments cannot exceed theproject's FY budget. Date
C[T% OF TIGARD,ORFIGON
A-NILNDAWN u-ro CoNvrHACT
RxqT'I'tGARD SFAX FR IMPROVI,"NIENTS(CP18007)
.("IENDMENT #1
"n tile Cit.,(4-I.W.,ird-a n-iuIIl,--.ip1.cotpontion
O. rht.,,-tatc(-070rCgon, hcr
into lh�� E=E I---- o!
alld Braun Cot-iructio". r,ft-
{•f to :�s t c-urnctm.:
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61,11 ' W10 r flu'� pwt� cc,' 41,111 bc V.4,nm 120 alendar Days c.),
NXTIFAI-7017, Cin \mcttdni,-^t ifi bc c-LecuT-ed 'I)v its dvIv authori7cd
of�j."Cc"and
Is .;,jI Lure
CiTy or TIG/ARCD BRAt N' CONI R( CION'
w.
Printed N.zmv
BRAUN
=CONSTRUCTION
December 11, 2017
City of Tigard
Jeff Peck
13125 SW Hall Blvd.
Tigard,OR 97223
East Street Sewer Improvement Project:
Dear Jeff,
Braun Construction is requesting an extension on the East Tigard Sewer Improvement
Project. We will be completing much of the main contract by the end of 2017 and
restoration and landscaping portion by the end of February 2o18.
It is our desire that the City extends the contract until February 28th, 2o18 to allow for the
bare root planting and restoration work.Please let me know if you have any questions.
Respectfully,
Jeanie Braun
Braun Construction
24805 SW Gage Road -Wilsonville - Oregon - 97070
Phone: 503-638-64o6 - Fax: 503-638-3219
Email:J2braun@msn.com CCB#167432
CITY OF TiGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUS T A CCOMPANY EVER Y CONTRACT)
Contract Tide: 2017 PMP Pavement Rehabilitation (Overlay) Number:
Contractor: S-2 Contractors,Inc. Contract Total: $1,043,489.20
Contract Overview: Services include pavement overlays and repairs on city streets such as Bonita,
Gaarde, Greenfield,Royalty,Kable,and 96'. Work includes retrofitting existing
curb Ugmps,roadway s=m&and adjusting utilities to match new pavement.Work
will include temporary siage,protection and traffic control. Project also includes a
rectangular rapid flashing beacon =B) at the Bonita/79'crosswalk.
Initial Risk Level: 7 Extreme F] High E] Moderate Z Low
Risk Reduction Steps: Insurance requirements from matrix
Risk Comments:
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering
Type: ❑ Purchase Agreement [] Personal Service 0 General Service Z Public Improvement
❑ IGA E] Other: Start Date: 6/12/17 End Date.
Y
'57 33;
Quotes/Bids/Proposal: FIRM AmoUNT/SCORE
S-2 Contractors Inc. $993,489.20
Kodiak Pacific $1,268,000.00
Account String: Fund-Division--Account Work Order—Activity T=e Amount
FY 2016/17 412-8000-56005 95001-140 $150,000
FY 2017/18 412-8000-56005 95001-140 $870,489.2
Bonita/79`h RRFB 200-8000-56005 95027-140 $23,000
Approvals - LCRB Date:June 6,2017
Department Comments: Roughl.): 5% added to the bid amount as contingency line item.This amount will
only be available with PM authorization
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature.
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
u
City of Tigard
13125 SW Hall Blvd
Tigard,Oregon 97223
Phone: (503)6394171
Fax: (503)684-7297
CONTRACT DOCUMENTS
for the construction of
2017 Pavement Management Program
Pavement Rehabilitation
Project No.: CIP 2017—95001 OL
Approved y: Mike McCarthy( ., enior Project Engineer
Bid Due&Bids Open: May 16,2017-2:00 pm
ADVERTISEMENT FOR BIDS
CITY OF TIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
The City of Tigard will receive sealed Bids from qualified firms at Tigard City Hall's Utility Billing Counter,
Attention:doe Barrett,Sr.Management Analyst located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 until 2:00
pm local time, May 16, 2017 for the 2017 Pavement Management Program—Pavement Rehabilitation project.
Bids will be opened and publicly read aloud immediately after the Bid Closing time and date at Tigard City Hall.
The project generally consists of the following.
1. Construction of asphaltic concrete inlays and overlays
2. Asphalt concrete removal(grinding) and repair
3. Applying sealant along pavement edges and joints
4. Temporary signage,protection,and traffic control
5. Striping and pavement marking
6. Construction of concrete curbs and ramps
7. Installation of Rectangular Rapid Flashing Beacon (RRFB) Systems
8. Performance of additional and incidental work as called for by the specifications and plans.
Basis of Bid Award shall incorporate all items identified on the Bid Schedule.
Pursuant to Tigard Public Contracting Rule 30.055,all Bidders must submit a Bid security to the City along with
their Bid in an amount equal to ten percent (10%) of their Bid. Because the City's estimate of contract value
exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this Bid Booklet,
to the City no later than 4:00 pm local time,May 16,2017.
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to
minimum salaries and wages shall be incorporated by reference as if fully set forth in any Contract resulting from
this Advertisement for Bid. Contractor shall provide proof to the City prior to the beginning of any of the work
that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon Prevailing Wage Rate (PWR) law.
No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile and electronic
(email) Bids will not be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the
Bid Closing will be returned to the submitting firm unopened after a Contract has been awarded for the required
services.
Bid Documents may be obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall
Blvd., Tigard, Oregon 97223; or downloaded from the City of Tigard website at www.tigard-or.gov/bids.php.
The City may reject any Bid not in compliance with all prescribed public bidding procedures and requirements,
and may reject for good cause any or all Bids upon a finding of the City if it is in the public interest to do so.
All questions about the meaning or intent of the Bid Documents shall be submitted to the Engineer in writing
by e-mail. Contact the Engineer,Mike McCarthy at mikem@tigard-or.gov or 503-718-2462 with any questions.
Clarifications to the Bid Documents will be made by addenda only. Oral statements may not be relied upon by
Bidders and will not be binding or legally effective.
Published: Daily-journal of Commerce Published: The Business Tribune
Date: April 28 and May 1, 2017 Date: May 2, 2017
21Patre
TABLE OF CONTENTS
ADVERTISEMENT FOR BIDS 2
TABLEOF CONTENTS...............................................................................................................................................................3
ATTACHMENTA-BIDDER'S CHECHI_IST............................................................................................................................4
ATTACHMENTB-BID............................................................................................................................................................5
ATTACHMENT C-ACKNoxwLEDGMENT OF ADDENDA................................................................................................ 12
ATTACHMENTD-BID CERTIFICATION........................................................................................................................... 13
ATTACHMENT E-FIRST TIER SUBCONTRACTOR DISCI_osum FORM........................................................................ 14
ATTACHMENTF-BID BOND............................................................................................................................................. 15
ATTACHMENT G-PUBLIC IMPROVEMENT CONTRACT................................................................................................. 16
ATTACHMENTH-PERFORMANCE BOND........................................................................................................................22
ATTACHMENTI-PAYMENT BOND...................................................................................................................................24
ATTACHMENT J-OREGON PREVAILING WAGE RATES................................................................................................26
ATTACHMENTK-GENERAL CONDITI'IONS..........................................................................................................................
ATTACHMENTL-SPECIAL PROVISIONS.................................................................................................................................
DRAWINGS 2017 Pavement Management Program Pavement Rehabilitation
Sheets 1 through 91 Dated:April 24,2017
311' a « e
ATTACHMENT B—BID
CITY OF TIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
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.
Project: 2017 Pavement Management Program—Pavement Preservation
Bid Due Date: 51 16` ?x(-7
Name of Submitting Firm: S—Z Lon kmckors ()(—.
The Undersigned (check one of the follon ing and prouide additional information):
An individual doing business under an assumed name registered under the laws of the State of
; or
•partnership registered under the laws of the State of or
corporation organized under the laws of the State of Oerfion or
•limited liability corporation organized under the laws of the tate of ;
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project
in strict accordance with the Contract Documents for the Basic Bid as follows:
k'+ 4-j
M%W01% One 1rw (� erA� iu�! � � and to /100 Dollars ($ ,
and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined in the
Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract
Documents,and forms. Submission of this Bid shall be conclusive evidence that the Undersigned has investigated
and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be
performed,the quantities of materials to be furnished,and as to the requirement of the Contract Documents.
Accompanying herewith is a Bid Security which is equal to ten percent(10%) of the total amount of the Bid.
5 �
BID SCHEDULE
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
PROSECT NO.:CIP 2017-95001 OL
SCHEDULE A
Item ONo�
Na
No. .
Item Demoami
tion t 7uit Q ty Unit Cost Total Cost
ROADWORK
1 00305 CONSTRUCTION SURVEY WORK LS 1 15"=-
2 0031.0 REMON'AL OF SURFACINGS SQID 1,200 10 . 1-4000.
3 00331 12 INCH SUBGRADE STABILIZATION SQID 71 SO. 'm
3 f-5,T0.
Subtotal 30 'SSo.
DRAINAGE AND SEWERS
MINOR ADJUSTnIENT OF 1\-LANHOLES
(,\L-kNHOLE FRAME ADJUSTMENT: a�
4 00490 METHOD C) EACH 18 Z5b_r° �{,Jam•
5 00490 ADD TvIANHOLE PAVING RINGS EACH 50 Z"„90
6 00490 REPLACE OR INSTALL MONUMENT BOXES EACH 3 SGV. " 1,SW-
7 00490 ADJUSTING MONUMENT BOXES E��CH L 1�at7• 1 BOO •°
8 00490 ADJUSTING WATER OR GAS V= LVE BOXES EACH 55 IS-0-0-0 Q LS-O. "'
Subtotal $ .
BASES
COLD PLANE PAVEI\IENT RE1\10VAL,0-.2
9 00620 INCHES DEEP SQID 14,730
COLD PLANE PANE.\LENT REMOVAL,2 INCHES l
10 00620 DEEP SQID 2,010 tt • 0
COLD PLANE PAVEMENT REMON'_°1L,3 INCHES
11 1 00620 DEEP SQ1D 396 G. ZS74.
74
COLD PL.'LNE PAN"Et\IENT REMOVAL,4 INCHES /
12 00620 DEEP SQID 33 U�
13 00640 AGGREGATE SHOULDERS TON 16 Iia. �co.
14 00640 AGGREGATE BASE TON 124 �v•� �( �.
Subtotal 1 1ST.
WEARING SURFACES
15 00730 EMULSIFIED ASPHALT FOR TACK COAT TON 24
16 00744 LEVEL 2,1/2 INCH ACPMIXTURE TON 2,409 Z. Z21
17 00744 LEVEL 3,1/2 INCH ACP MIXTURE TON 2,244 O Z• 7A*,4 4 K,
18 00744 CURB SEALING FOOT 15,415 • O�
19 00744 6 INCH WIDE EDGE SEAL FOOT 1,137 3.
12 INCH ASPHALT CONCRETE PAVEMENT •a .o
20 00748 REPAIR SQYD 141 "SQ. '
21 00749 EXTRA FOR SPOT GRIND AND INLAY AREAS SQiD 626 J7.
o? off,
22 00759 CONCRETE CURBS,CURB AND GUTTER FOOT 515b,40 ZO 00,
23 00759 CONCRETE CURBS,STANDARD CURB FOOT 584 40. 13 3bo .
24 1 00759 1 CONCRETE CURBS,GRADE CORRECTION FOOT 698 40.°- Zl clZ,o. "
61
Item ODOT Item Description unit Q=Itity=, Unit Cost Total Cost
No. No,
25 00759 CONCRETE WALKS SQFT 6,571 Z5. r6�r ZDV.
26 00759 CONCRETE ISI. NDS(TRAFFIC SEPARATOR) SQFT 560 30.opo b SW•'►!
Subtotal•7 3 7.10 4 1
PERMANENT TRAFFIC SAFETY ANIS GUIDANCE DEVICES
MONO-DIRECTION_3L WHITE TYPE 1AR Qo
27 00855 IiL�RKERS EACH 40 -1.
� 7.530-
28 00855 BI-DIRECTION,kL YELLOW TYPE 1 AR.\L-kR_KE,RS EACH 22 T r
29 00855 BI-DIRECTIONAL BLUE TYPE 1AR 11L-�RKERS EACH 3 �. ' X%J
PERnL-�NENT SURFACE IMOUNTED TUBULAR "„
30 00856 \IARKERS EACH 15 ��• � Zl��•
THERMOPLASTIC,EXTRUDED,SURFACE,NON-
31 00865 PROFILED FOOT 26,943
32 00867 PAVEMENT LEGEND,TYPE B-HS:ARROWS EACH 33 30c. 14W.
PAVEMENT LEGEND,TYPE B-HS:BICYCLE as
33 008617 LANE STENCIL EACH 19 3• � 51•"100.
34 1 00867 1 PAVEMENT BAR,TYPE B-HS SQFT 811 1 10, �� to
Subtotal 50 %l b.":
PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS
35 00940 MUTCD SIGN 01\13-L,COMPLETE,IN PI 3CE EACH 2 ( pup. - -4,000 ,
RECTANGULAR RAPID FL.3SHING BEACON ap A?
36 00964 INSTALLATION ATION LS 1 ZS app," Z,3 ASD.
37 00990 LOOP DETECTOR INST ALIATION,ROYALTY LS 1
38 00990 1 LOOP DETECTOR INSTALLATION,BONITA LS 1 I,=� �( 00b • pc
Subtotal
SCHEDULE A TOTAL + + . T-4
r,&V N} ^ ( t �+ Dollars ZR
10J
SCHEDULE A BID TOTAL IN WOFJIS
SCHEDULE l
Item ODOT
No. No. Item Descriptionunit Quantity Unit Cost Total Cost
ROADWORK'
1 00305 CONSTRUCTION SURVEY WORK LS 1 1,000.6-61 3 000.
2 00310 REMOVAL OF SURFACINGS SQYD 90 I o. gob
3 00331 12 INCH SUBGRADE STABILIZATION SQYD 0 'S'o. a —
Subtotal 3,1400 .0-9
DRAINAGE AND SEWERS
MINOR ADJUSTMENT OF,\LANHOLES
(N ANHOLE FRAME ADJUSTMENT: Re ,Zsu.o0
4 00490 METHOD C) EACH 1 x,50
5 00490 ADD,\,1ANHOLE PAVING RINGS EACH 5 Z".
. ^ ( Z5'O• "'
6 00490 REPLACE OR INSTALL MONUIIIENT BOXES EACH 0 5-00.x"
7 00490 ADJUSTING MONUMENT BOXES EACH 0 1 S-D'
° —{�
8 00490 AD USTING WATER OR GAS VALVE BOXES EACH 7 j b. 10vv.�^
Subtotal Z„TV
BASES
COLD PLANE PAVEMENT REMOVAL,0-2 y Otb.Cal
9 00620 INCHES DEEP SQYD 500
COLD PLANE PAVEMENT REMOVAL,2 INCHES qg _
10 00620 DEEP SQYD 0j
COLD PLANE PAVEMENT'REMOV-1 L,3 INCHES 0
11 00620 DEEP SQ-m 1,477
COLD PLANE PAVEMENT REMOVAL,4 INCHES 4
12 00620 DEEP SQYD M
13 00640 AGGREGATE SHOULDERS TON 45 100• 14,
14 00640 AGGREGATE BASE TON 13 40.'
Subtotal 'Z S Z,y
WEARING SURFACES
15 00730 EMULSIFIED ASPHALT FOR TACK COAT TON 3 '300.'-
16
i00,-16 00744 LEVEL 2,1/2 INCH ACP MIXTURE TON 814
17 00744 LEVEL 3, 1/2 INCH ACP MIXTURE. "TON 0 — 4�
18 00744 CURB SEALING FOOT 190 1 7 z•
19 00744 6 INCH WIDE EDGE SEAL FOOT 800 " "Z�{�0• -
12 INCH.ASPHALT CONCRETE PAVEMENT
20 00748 REPAIR SQYD 0
21 00749 EXTRA FOR SPOT GRIND AND INLAY AREAS SQYD 141 tT.-- -E
22 00759 CONCRETE CURBS,CURB AND GUTTER FOOT 89 40.W
23 00759 CONCRETE CURBS,STANDARD CURB FOOT 0 lio,'I-'- — ( -
24 00759 CONCRETE CURBS,GRADE CORRECTION FOOT 57 0. Z,LBO -
25 00759 CONCRETE WALKS SQFT 562 ZS• 1`{ O
26 00759 CONCRETE ISLANDS(TRAFFIC SEPERATOR) SQFT 0 30• �}
Subtotal %J S,
PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES
MONO-DIRECTIONAL WHITE TYPE 1AR
27 00855 MARKERS EACH 0
BI-DIRECTIONAL YELLOW TYPE 1AR _
28 00855 MARKERS EACH 0 C
81
Item ODOT Item Descriptions Emit Quantity Unit Coat Total Cost
No. No.
29 00855 BI-DIRECTIONAL BLUE TYPE 1AR 11L)RKERS EACH 2 W
PERIL-\HENT SURFACE MOUNTED TUBULAR
30 00856 IZARKERS EACH 0
THERIIOPLASTIC,EXTRUDED,SURFACE,NON-
31 00865 PROFILED FOOT 0
32 00867 PAVEMENT LEGEND,TYPE B-HS:ARROWS EACH 0 300.
PAVEMENT LEGEND,TYPE B-HS:BICYCLE
33 0086, LANE STENCIL EACH 0 300.
34 00867 PAVEMENT BAR,TYPE B-HS SQFT 80 (Q .
Subtotal
PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS
35 00940 '\IUTCD SIGN ON13-L,COMPLETE,IN PLACE EACH 0 0—
RECTANGULAR RAPID FLASHING BEACON WL
36 00964 INSTALLATION LS 0 4%,0M.
37 00990 LOOP DETECTOR INSTALLATION,ROYALTY LS
38 00990 LOOP DETECTOR INSTALLATION,BONITA LS 0 4jw) ^L?—
Subtotal
SCHEDULE B TOTAL
Wr4fftk r TV W S I 'J Dollars
c�
SCHEDULE B BID TOTAL IN WORDS
SCHEDULE A+ B TOTAL
Or#. % o,n. 01% � t�,&4or► itur t-j fjor Dollars 4. Q
SCHEDUL A+ B BID TOTAL IN WORDS i��
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard,within ten (10)
days after receiving the Contract forms,a satisfactory Performance Bond and a satisfactory Payment Bond each
in an amount equal to one hundred percent (1.00%) of the Contract sum,using the forms provided by the City.
The suretv(ies) requested to issue the Performance Bond and Payment Bond will be
e5\-' ik Sy M—\-A� Lon �a of . The Undersigned hereby authorizes said surety(ies)
company(ies) to disclose any3mformation td the City concerning the Undersigned's ability to supply a
Performance Bond and Payment Bond each in the amount of the Contract.
The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City; that
the amount thereof is the measure of liquidated damages which the City -,xM sustain by the failure of the
Undersigned to execute and deliver the above-named Agreement Form,Performance Bond,and Payment Bond,
and that if the Undersigned defaults in either executing the agreement Form or providing the Performance Bond
and Payment Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become
the property of the City at the City's option;but if the Bid is not accepted within sixty (60) days of the time set
for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form,
Performance Bond,and Payment Bond,the Bid Security shall be returned.
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without
collusion u=ith and without any agreement,understanding,or planned common course of action with any other
vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit
independent Bidding or competition; and (2) The contents of the Bid have not been communicated by die
Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety
on any bond furnished with the Bid and will not be cominunicated to such person prior to the official opening
of the Bid.
The Undersigned[X HAS ❑ HAS NOT (check applicable status)paid unemployment or income taxes in Oregon
within the past 12 months and RI HAS❑ I IAS NOT(check applicable status)a business address in Oregon.
The Undersigned K HAS ❑ HAS NOT (check applicable status) complied with any Affirmative .action
Regi.iirements included within the procurement documents.
The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 2790.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Undersigned's CCB registration number is (0-77-53 with an expiration date of
n I . As a condition to submitting a Bid, a Contractor must be registered with the Oregon
Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration
number. Failure to register and disclose the number will make the Bid unresponsive and it will be rejected unless
contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the City prior
to the beginning of any of the work that the Undersigned has filed a public works bond with a corporate surety
in the amount of$30,000 with the Construction Contractors Board as required under Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors ,vho will perform construction work as described
in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035 to
701.055 at the time the subcontractor(s)made a Bid to work under the Contract.
101
The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of
Oregon, its Worker's Compensation Insurance provider is 5A 1 f , Policy No.
792813 and that Undersigned shall submit Certificates of Insurance as required.
Name of Company:
Company Address: �� -(Ii
Federal Tax ID: ^ IL
Telephone: 503 — (0 S ' y o int..?
Email: Ynrp�4 SZ Gt eAa G' pry ,1
I attest that I have the authority to commit the firth named above to this Bid amount and acknowledge that the
firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I understand
that I will be required to provide necessary information to verify-that the firth meets these q itications if
selected for the subsequent Contract.
Authorized Signature:
Printed Name &Title: C4
Date: (6lu
Payment information will be reported to the IRS under the name and federal taxpayer ID number provided
above. Information not matching IRS records or not provided to the Citi-Could subject the successful
Contractor to a twenty eight percent(28%) backup withholding.
11f
ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA
CITY OF TIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
I/NXT—HAVE RECEIVED THE FOLLOWING ADDENDA:
If none received, mite `gone Received"
1. Nov-,2 3.
2. 4.
5 I �, ZoI -1
Date
Signature of Proposer
VP
Title
5-2 C.�n���,c kors . loc .
Corporate Name
121
ATTACHMENT D—BID CERTIFICATION
CITY OF TIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
Non-discrimination Clause
The Bidder agrees not to discriminate against any client, employee or applicant for employment or for services,
because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the
following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or
termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further
understood that any contractor who is in violation of this clause shall be barred from receiving awards of any
purchase order or Bidder from the City,unless a satisfactory showing is made that discriminatory practices have
terminated and that aqq recurrence of such acts is unlikely.
1
Agreed by: I" 9nomo..
Firm Name: S—Z 'nc
:address: bs 60 An�g ,5o^
As ro If(A
Officer's signature:
Type or print officer's name: W 11 1 Ct
131 „
ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
BID #: CIP 2017-93001 OL CLOSING: Date: May 16 2017 Time: 2:0012m
This form must be submitted at the location specified in the Advertisement for Bids on the advertised Bid
closing date and within two working hours after the advertised Bid closing time.
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 that the subcontractor will be performing and the
dollar value of the subcontract. Enter'NONE"if there are no subcontractors that need to be disclosed.
(ATTACH ADDITIONAL SHEETS IF NEEDED).
NAME DOLLAR VALUE CATEGORY OF WORK
i) ► � , � WIQ `��,Q&D err►n�
2) �,`..0 $ La
3) $
4) $
Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid
will not be considered for award.
Form submitted by(Bidder name): S-Z Lmrc,crhsf-S 'oc
Contact name: k�fn1 (Z010 {3�S Phone #: 503--bS ( —V 00 0
141
AxTAcBmNTF-BID BOND
Crry OF TiGARD
2017 PAvEMJM1QT MAX&GRMENT PROGRAM
PAVEMENT'RmABnzrATiaN
We, S-2 Contractors,Inc. *as-pacipal",
(Name of Principal)
and Western Surety Company ,an South Dakota Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon, as -Surety," hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns to pay=to the City of Tigard,
C'Clbligeeorhesum O--fTen Percent of Total Amount Bid- and - _J10013ollars
10%of Bid-
WHEREAS,the condition of the obligation of this bond is the Principal has submitted a Bid to the-Obligee in
-response to Obligee's solicitation for the project identified as 2017 Pavement Management Program-Pavement
Rehabilitation,which Bid is made a part of this bond by reference,and Principal is required to furnish Bid security
in an amount equal to ten percent(10%)of the total amount of the Bid pursuat�.t to the solicitation doct3inent.
NOW,THEREFORE if the Bid submitted by Print: al.is accepted,and,if a Contract pursuant to the Bid is
up
awarded to Principal, Principal enters into and executes such Contract within the time specified in the said
documents and delivers to Obligee its good and sufficient Perforrr=ce Bond and Payment Bond required by
Obligee within the time fixed by Obligee,then this obligation shall be void,otherv4se,it shall remain in furl force
and effect
IN WITNESS WHEREOF,we have caused this instrument tc)be executed-and scaled by our duly authorized
legal representatives this 16th day of May a 2017 -
PRIN -S-2 Contractr�, nc, SURETY-Western Surety.Company
By; BY ATTORNEY-IN-FACT
Signature
W-AVC'V'--N -. S lr\n, Gloria Bruning
.Printed Name&Title Printed N� e
Attest,
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State zip
151?age
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Philip O Forker, Ray M Paiement, Vicki Mather, Gloria Bruning,Joel Dietzman, Christopher
A Reburn, Brent Olson, Richard W Kowalski, Karen A Pierce,J Patrick Dooney, Tami Jones,
Gail A Price,Individually
of Portland,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed off the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 27th day of January,2017.
WESTERN SURETY COMPANY
^;��,s............;cos
7.z.
x4ry°u�ii"oa+�'~�r
aul T.Bmfiat,Vice President
State of South Dakota
tiff
County of Minnehaha
On this 27th day of January,2017,before me personally came Paul T.Bruffat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires "
J.MOHR
Hornarauauc
June 23,2421 obaSOUTHOANOTASErc
J.Mohr,Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printer}on the reverse hereof is still in forceto testimony nwhereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 11.1 w
day of 1-7
„
"E.... WESTERN SURETY COMPANY
=Ni ,
ws•..... •av,.
�n/IIIINN��
L.Nelson,Assistant Secretary
Form F4290-7-2012
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT
PWR COVERED PROJECT
CITY OF TIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
THIS CONTRACT,made and entered into this 7' day of June, 2017, by and between the City of Tigard, a
municipal corporation of the State of Oregon,hereinafter called"City"and S-2 Contractors,Inc.hereinafter called
"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions
hereinafter described;and
WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Contract Documents;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of the following:
A. Construction of asphaltic concrete inlays and overlays
B. Asphalt concrete removal (grinding) and repair
C. Applying sealant along pavement edges and joints
D. Temporary signage,protection,and traffic control
E. Striping and pavement marking
F. Construction of concrete curbs and ramps
G. Performance of additional and incidental work as called for by the specifications and plans.
2. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by
the City and performance pertaining to this Agreement,in the City of Tigard,Oregon,and by this reference
made a part hereof to the same legal force and effect as if set forth herein in full.
3. Compensation
A. City agrees to pay Contractor Nine Hundred Ninety Three Thousand Four Hundred Eighty Nine
and 20/100 Dollars ($993,489.20) for performance of those services provided herein. In addition,
the City agrees to $50,000 in additional needed work as authorized by the City's Project Manager.
The total amount of this contract may not exceed One I\ffion Forty Three Thousand Four Hundred
Eighty Nine and 20/100 Dollars ($1,043,489.20) over the fife of the project.
B. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this
Contract during the current fiscal year. Funding in future fiscal years shall be contingent upon
budgetary approval by the Tigard City Council.
4. Early Termination
A. This Agreement may be terminated without cause prior to the expiration of the agreed upon term
by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of any third
party judicial proceeding relating to the work other than a suit or action filed in regard to a labor
dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable time to
proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include
the day of termination and shall be in full satisfaction of all claims by Contractor against City under
this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability
of Contractor or City which accrued prior to such termination.
5. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal,state,local,or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services. This Agreement may
be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified,changed,or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
Subcontractors,agents,and employees to provide the services required by this Agreement is for
any reason denied,revoked,or not renewed,or
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or
against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment
for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of Contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified
herein or anv extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails to pursue
the work as to endanger performance of this Agreement in accordance with its terms,and after
receipt of written notice from City, fails to correct such failures within ten (10) days or such
other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including breach of
Contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
If City terminates this Agreement under paragraph(B),Contractor shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred, an amount which bears the
same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by
Contractor bear to the total services otherwise required to be performed for such total fee;provided,
that there shall be deducted from such amount the amount of damages,if any,sustained by City due
to breach of Contract by Contractor. Damages for breach of Contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
6. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of
the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano,
earthquake,fire,flood,epidemic,quarantine,restriction,area-wide strike,freight embargo,unusually=severe
weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled
shallwithin ten (10) days from the beginning of such delay,notify the other party in writing of the causes
of delay and its probable extent. Such notification shall not be die basis for a claim for additional
compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause
of delay or default and shall,upon cessation of the cause, diligently pursue performance of its obligation
under Contract.
7. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of
this Contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to
any extent of its right to assert or rely upon such terms or rights on any future occasion.
8. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the losing
party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including
attorney's fees and court costs on appeal.
9. Governing,Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
10. Indemnification
Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them
harmless from any and all liability, causes of action, claims,losses, damages, judgments or other costs or
expenses including attomey's fees and witness costs and (at both trial and appeal level,whether or not a
trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from,
during or in connection with the performance of the work described in this Contract,except liability arising
out of the sole negligence of the City and its employees. If any aspect of this indemnity shall be found to
be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the
remainder of this indemnification.
11. Insurance
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
Contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or
work hereunder,including the operations of its Subcontractors of any tier. Such insurance shall include
provisions that such insurance is primary insurance with respect to the interests of City and that any other
insurance maintained by City is excess and not contributory insurance with the insurance required
hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and
keep in effect during the term of this Contract,Comprehensive General Liability Insurance covering
Bodily Injury and Property Damage on an "occurrence"form (CG 2010 1185 or equivalent). This
coverage shall include Contractual Liability insurance for the indemnity provided under this
Contract. The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at Contractor's expense, and
keep in effect during the term of the Contract, "Symbol 1" Commercial Automobile Liability
coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single
Limit per occurrence shall not be less than$2,000,000.
C. Workers'Compensation Insurance: The Contractor,its Subcontractors,if any,and all employers
providing work, labor or materials under this Contract are subject employers under the Oregon
`Yorkers'Compensation Law and shall comply with ORS 656.017,which requires them to provide
workers'compensation coverage that satisfies Oregon law for all their subjectworkers. Out-of-state
employers must provide Oregon workers' compensation coverage for their workers who work at a
single location within Oregon for more than 30 days in a calendar year. Contractors who perform
work without the assistance or labor of any employee need not to obtain such coverage." This shall
include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident.
D. Additional Insured Provision: The City of Tigard,Oregon,its officers,directors,and employees
shall be added as additional insureds with respect to this contract. All Liability Insurance policies
will be endorsed to show this additional coverage.
E. Insurance Carrier RatinL: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The insurance carrier shall have a minimum of
an AM Best Rating "A" with a financial strength of VII or better. The City reserves the right to
reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Certificates of Insurance: A copy of each insurance policy,certified as a true copy by an authorized
representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a
certificate in form satisfactory to City certifying to the issuance of all such insurance provisions of
this Contract shall be forwarded to:
City of Tigard
Attn: Office of Contracts and Purchasing
13125 SW Hall Blvd
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work and no Contract
shall be effected until the required certificates have been received and approved by the City. Ten
days cancellation notice shall be provided City by certified mail to the name at the address listed
above in event of cancellation or non-renewal of the insurance.A renewal certificate will be sent to
the above address 10 days prior to coverage expiration. The procuring of such required insurance
shall not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance,
Contractor shall be obligated for the total amount of any damage,injury,or loss connected with this
Contract.
G. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in
all general liability,and pollution policies required by this Contract,
12. Method and Place of Giving Notice,Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TiGARD S-2 CONTRACTORS,INC.
Attn: Mike McCarthy,P.E. Attn: Kerry Robitsch
Address: 13125 SXX, HaE Blvd Address: 6860 S Anderson Road
Tigard,Oregon 97223 Aurora,Oregon 97002
Phone: (503) 718-2462 Phone: (503) 651-4000
Email: �11C.Colll mikein(�,.fi(,jactor�'ard-orgov Email:
.............
and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments are
to be given by giving written notice pursuant to this paragraph.
13. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court
of competent)urisdiction, the remainder of this Agreement shall remain in full force and effect and shall
in no-,,Tay be affected or invalidated thereby,
14. Complete Agreement
This Agreement constitutes the entire Agreement between the parties. No waiver,consent,modification,
or change of terms of this Agreement 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 specific instances and for
the specific purpose given. There are no understandings,agreements,or representations,oral or written,
not specified herein regarding this Agreement. Contractor, by the signature of its authorized
representative, hereby acknowledges that he has read tl-is Agreement, understands it and agrees to be
bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed tl-ds Agreement on the date hereinabove Lfirst written. A owed by Tigard's
Local Contract Review Board at their June 6,2017 business meeting.
0
CITY TORS,INC.
S�T
Signature Signa re
1-7
Printed Name&Tide Printed Name&Tide
� / I?, (
Date Date
ATTACHMENT H-PERFORMANCE BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OFTIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
Bond Number:30014053
Project Name: 2017 Pavement Management Program-Pavement Rehabilitation
Western Surety Company (Surety#1) Bond Amount No. 1: $ 1,043,489.20 _
(Surety#2)* Bond Amount No. 2:* $
yusing multiple suldirs Total Penal Sum of Bond: $ 1,043,489.20 _
We,S-2 Contractors,Inc. 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 City
of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond)One Million Forty Three Thousand Four Hundred Eighty Nine&20/100---(1,043,489.20Vrovtded, 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 purposed 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 City of Tigard,the plans, specifications, terms,
and conditions of which are contained in the above-referenced project 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 of the Contract and performs the Contract within the time
prescribed by the Contract,then this obligation is null and void;otherwise it shall remain in full force and effect.
If the Contractor is declared by City to be in default under the Contract, the surety shall promptly remedy the
default,perform all of Contractor's obligations under the Contract in accordance with its terms and conditions
and pay to City all damages that are due under the Contract This obligation jointly and severally binds the
Contractor and surety and their respected heirs,executors,administrators,and successors. Nonpayment of the
bond premium shall not invalidate this bond nor shall the City of Tigard be obligated for the payment of any
premiums.
Said surety for value received, hereby stipulates and agrees that no change, extension of time alteration, or
addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of
any such change,extension of time,alteration,or addition to the terms of the Contract or to the Work or to the
specifications.
This Performance Bond shall also guarantee the subject project against defects in materials or workmanship for
a period of one (1)year from the date of written Substantial Completion acceptance of the subject project by the
City of Tigard.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 8th day of June 2017
PRIN PAL:S-2 Contract s,in .
gy 0A,
l ignature
wlk\I(4M skme\ \/f
Printed Name&Title
Attest: jdg�!/A
SURETY:Western Surety Company
(Add signahvrs for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Potter-of-Attorney must arcompany earh surety bond)
Gloria Bruning
Name
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fid.
a
ATTACHMENT I-PAYMENT BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OFTIGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
Bond Number:30014053
Project Name. 2017 Pavement Management Program-Pavement Rehabilitation
Western Surety Company (Surety#1) Bond Amount No. 1: $ 1,043,489.20
(Surety#2)* Bond Amount No.1* $
*,Vmsing multiple sum6es Total Penal Sum of Bond: $ 1,043,489.20
We,S-2 Contractors,Inc. 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 City
of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond)One Million Forty Three Thousand Four Hundred Eighty Nine&20/100---(1,043,489.20)(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 afl of us,and for all other purposed 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 City of Tigard, the plans, specifications, terms,
and conditions of which are contained in above-referenced project 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 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 City of Tigard its officers,agents,and employees 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 sbfl permit no lien nor claim to be filed or prosecuted against the City on account of any labor or
materials furnished,and shall do all things required of the Principal by the laws of the State of Oregon,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 City of Tigard be obligated for the
payment of any premiums.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 8th day of June 2017
PRINCIPAL•S-2 Contract
By.
Signature
lJJckms, S`n n^ \11P
Prig d ame&Title
Attest:
SURETY: Western Surety Company
(fldd signabues for eacb nrrety zf u=g multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of Altomey must accompany each surto bond)
Gloria Bruning
Name
���ti1/LVI
Signature
1201 SW 12th Ave.,#S00
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make.,constitute and appoint
Philip O Forker, Ray M Paiement,Vicki Mather, Gloria Bruning,Joel Dietzman, Christopher
A Reburn, Brent Olson, Richard W Kowalski, Karen A Pierce,J Patrick Dooney, Tami Jones,
Gail A Price,Individually
of Portland,OR,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 27th day of January,2017.
� iRcry+y, WESTERN SURETY COMPANY
�'-NNNWN aul T.Brutlat,Vice President
State of South Dakota
IS
County of Minnehaha
On this 27th day of January,2017,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
J.MOHR
IS—
wSOUT
ornavcuauo�
June 23,2021HO7*Or"
J.Mohr,Notary Public
CERTIFICATE
1,L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is till in force, In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
WESTERN SURETY COMPANY
_ti QPOgq a'L:
=wi44 fid:Y�
�NNNN
L.Nelson,Assistant Secretary
Form F4280-7-2012
ATTACHMENT—OREGON PREVAILING WAGE RATES
CITY oiFTiGARD
2017 PAVEMENT MANAGEMENT PROGRAM
PAvF,miEN'r REHABILITATION
May be downloaded from:
htW://w�v,x,.oreg.on.g_ov/boh/`WfID/PWR/`Pa�res/pwr state.asl2x
26 1 P
00110
Attachment K-Genemal Conditions for Construction for the City of Tigard.
TABLE OF CONTENTS
PART00100'GENERAL CONDITIONS...........................................................................................5
Section 00110-Organization,Conventions,Abbreviations,and Definitions............ ..........5
00110.00 Organization cfSpecifications.....................................................................................5
00110.05 Conventions Used Throughout the Specifications Include........................... ..............5
00110.10 Abbreviations............................................................................................................../
00110.20 Definitions........ .................. .......................................................................................o
Section 00130~Bidding Requirements and 16
1G
00120.01 F�x�iptnfB�m Opening------------------------------
00120.10 Bid Booklet................................................. ..............................................................1G
0012015 Examination ofWork Site and Solicitation Documents;
ConeidanationofConditions bobeEncountered..........................................................17
00120j6 Material, Equipment,and Method Substitutions................................ .................... �17
00120.17 Land for Staging Storage Areas -----------'17
00120.20 Interpretation of Quantifies in Bid Schedule......................... ....................................18
00120.25 Subsurface --------------------------18
00120.30 Changes hzPlans,Specifications,orQuantities before Opening ofBids..................1B
00120.40 Preparation ofBids....................................................................................................18
00120.45 Submittal ofBids............................................................................................. .........uu
08120f0 Modification cvWithdrawal ofBids................. ..........................................................uu
00120.65 Opening and Comparing Bids...................................................................................2u
00120.67 Bid Mistakes....................... --................................................................................21
00120.68 Low Tie Bids.............................................................................................................21
8012070 Rejection ofNonresponsive Bids..............................................................................22
00120.80 Reciprocal Preference for Oregon Resident Bidders.............. ................................22
00120.90 _-----''''-'''''''''''''''''''--.-'-2u
00120.91 Rejection ofBid onGrounds of Nonresponsibility ofBidder.....................................23
Section 00f30-Award and Execution of Contract 24
0013010 Consideration ofBids......................... ............................... ......................................24
00130.10 Award ofContract.............. ......................................................................................24
00130.15 Right bmProtest Award.............................................................. ..................... .........25
00130.20 Cancellation ofAward...............................................................................................25
00130.30 Contract Booklet...................... .................................................................................25
00130.40 Contract Submittals....................................... ...........................................................2o
00130.50 Execution ofContract and Bonds....... ...................................................... - ..........26
00130.80 Failure 0oExecute Contract and Bonds.------------------'----27
00130.70 Release cfBid Guaranties......... ..............................................................................27
00130.80 Project Site Restrictions............................................................................................27
00130.85 Tigard Business License............................................... ...........................................a/
00130.90 Notice toProceed.---------------------------------..27
Section00140-Scope mKWork................................................................................................... 28
00140.00 Purpose oYContract.................................................................................-- ..........2Q
00140.10 Typical Sections.......... .......... ........................................... ......................................uu
0014020 Thickness..................................................................................................................2u
00140.30 the Work....................................................................2u
00140.40 Differing Site Conditions............... .......... ................................ .......................... .....28
00140.50 Environmental Pollution Changes.............................................................................2g
80140.60 Extra Work...................................................................................................... '''-xo
2S
00140.65 D�pub*dVVo�.-----------------------------------.
00140.70 Cost Reduction Proposals....................... .................................................................uy
00140.80 Use ofPublicly Owned Equipment.... ........................................................ ..............3u
00140.90 Final Trimming and Cleanup.....................................................................................3u
00140.95 .AS-BU}LT'Records................................................................................................�31
Section00180-Control wKWork....................................................................................................32
00150.00 Authority ofthe Engineer..................................................................................... .....3u
00150.01 Project Manager's Authority and Duties............................................. ..................... aa
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00150.02 Inspector's Authority and DuUeu .................................................................... .........32
OQ15I1OCoordination of Contract Documents..................................... ..................................32
OQ15l15Construction Stakes, Lines,and Grades............................ ......................................33
00150.20 Inspection............................... ................................................................ ................3o
00150.25 Acceptability of Materials and Work....................................... ..................................34
00150.30 Delivery ofNotices............................................................................................. ......uw
OO15l35Submittals.................................................................................................................35
00150.37 Equipment Lists and Other Submittals ---------------------'3g
00150.40 Cooperation and Superintendence by the Contractor......................................... .....33
00150.50 Cooperation with UUUbeo ------------------------'4O
O015l53Utilities and Existing Improvements------------------------'4O
OO15l55Cooperation with Other Contractors..........................................................................4u
OO1SU.6OConstruction Equipment Restrictions........................................................................4a
00150.70 Detrimental ----------------------------.4u
00150.75 Protection and Maintenance ofWork During Construction...................... .................43
OO15O.8ORemoval ofUnacceptable and Unauthorized Work.................................. ..............'43
D015O.9OFinal Inspection................................................................................. .............. ........ou
00150.91 Review.........................................................................................*4
O015O.95Final Acceptance........................................... ...........................................................44
UU15O.9GMaintenance Warranties and Guarantees.... ... - .......----------- .........44
00150.97 Responsibility for Materials and Workmanship.........................................................44
Section 00160-Source mf Materials........................................................................................... 45
OO16O.0ODefinitions............................................................ ..................................................-45
DO1GO.UiNotification ofSource ofSupply and Materials..........................................................45
0O16O.O5Qualified Products List ------------------------*o
0016010 Ordering, Producing,and Furnishing Materials......................................... ....... .......45
0]16O.20Preferences for Materials............................................................... ...................... ...wm
08160.50 Land;Limitations and Requhements-.......................................4m
00160.60 Materials and Sources................. ..........................................*o
OO16l7ORequirements for Plant Operations...........................................................................*o
00160.80 Requirements for Sources ofBorrow and Aggregate................................................4u
Section 00165-Quality mf Materials........................................................................................... 48
DO1G5.0OGeneral..................................................................................................................-*o
00185.01 Rejected Materials.................................................................................. ....... ...--*m
00165.03 Testing Agency................ ................. ..................................................................
4n
48
QO1G5l4 {�s�cfTeobng--.------'------------------------
00165.10 Materials Acceptance Guides ---------------------..48
00165.20 Materials Specifications and Test Method References... ......................... .......... ....ou
0O16i3OField-Tested Materials.................... .........................................................................40
00165.35 Materials...................... ................................ ...... -------*u
�0
00165.50 and Tesbng --'--------_''----_-'''
0016570 Use ofMaterials without Acceptance-'''-''-'-'''''''---...�5U
0O165.75Storage and Handling cf Materials................................................................-.........5O
DU185.8QMmamun*mont ... ............ .... ............- ................................. ................. ...............50
00165f0Incidental Basis.........................................................................................................5D
Section 00170-Legal Relations and 51
OO17O.0UGeneral................................... ............................................................................ ....5/
0D17IO1Other Agencies Affecting Agency Contracts.............................................................51
UO17O.02Permits,Licenses,and Taxes............................................- ................... .............6u
00170.03 Pmnndo 53
00170.04 Patents,Copyrights,and Trademarks.......................................................................na
0017015 Assignment ofAntitrust Rights ------------------------'5u
00170.07 RecordRequirements............................ .......................................................... .......o*
00170.10 Required Payments byContractors....................................................... ..................5m
0O17O.2OPublic Works Bond........ ...........................................................................................n/
00170.32 Protection ofNavigable _'_'57
00170.60 Safety, Health,and Sanitation ----------'57
DO17D�61Industrial Accident Protection................................................................. ..................5/
00170.62 Labor Nondiscrimination---------------------_--___-__.5/
OO17O.63Payment for Medical Care........ ......................................................... ......................5w
00170.65 Minimum Wage and Overtime Rates for Public Works Projects...............................58
00170J0Insurance.......................................................................................................... -...ou
00170J1 Independent Contractor Status............................................................... .................mo
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00170.74 Employee Drug Testing Program..............................................................................60
00170.75 Oregon Tax Laws......................................................................................................60
00170.76 Subcontractors Nondiscrimination.............................................................................60
00170.78 Conflict of Interest.....................................................................................................60
00170.79 Third Party Beneficiary..............................................................................................60
00170.80 Responsibility for Damage to Work...........................................................................60
00170.82 Responsibility for Damage to Property and Facilities................................................61
00170.85 Responsibility for Defective Work..............................................................................61
00170.89 Protection of Utility, Fire-control,and Railroad Property and
Services; Repair; Roadway Restoration....................................................................63
00170.92 Fencing, Protecting Stock,and Safeguarding Excavations.......................................63
00170.93 Trespass...................................................................................................................63
00170.94 Use of Explosives......................................................................................................63
Section 00180-Prosecution and Progress............................................................................... 64
00180.00 Scope........................................................................................................................64
00180.05 Assignment/Delegation of Contract...........................................................................64
00180.06 Assignment of Funds Due under the Contract..........................................................64
00180.10 Responsibility for Contract........................................................................................64
00180.15 Agency's Right to Do Work at Contractor's Expense................................................64
00180.20 Subcontracting Limitations........................................................................................64
00180.21 Subcontracting..........................................................................................................64
00180.22 Payments to Subcontractors and Agents of the Contractor......................................66
00180.30 Materials, Equipment,and Work Force.....................................................................66
00180.31 Required Materials, Equipment,and Methods..........................................................67
00180.40 Limitation of Operations............................................................................................67
00180.41 Project Work Schedules............................................................................................68
00180.42 Preconstruction Conference......................................................................................70
00180.43 Commencement and Performance of Work..............................................................70
00180.44 Project Meetings.......................................................................................................70
00180.50 Contract Time to Complete Work..............................................................................72
00180.60 Notice of Delay..........................................................................................................73
00180.65 Right-of-Way and Access Delays..............................................................................73
00180.70 Suspension of Work..................................................................................................73
00180.80 Adjustment of Contract Time.....................................................................................74
00180.85 Failure to Complete on Time; Liquidated Damages..................................................75
00180.90 Termination of Contract and Substituted Performance.............................................76
Section 00190-Measurement of Pay Quantities....................................................................... 78
00190.00 Scope........................................................................................................................78
00190.10 Measurement Guidelines..........................................................................................78
00190.20 Contractor to Provide Vehicle Weigh Scales.............................................................79
00190.30 Plant Scales..............................................................................................................81
Section00195-Payment............................................................................................................. 82
00195.00 Scope and Limit........................................................................................................82
00195.10 Payment For Changes in Materials Costs.................................................................82
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause.............................82
00195.20 Changes to Plans or Character of Work....................................................................82
00195.30 Differing Site Conditions............................................................................................82
00195.40 Unreasonable Delay by the Agency..........................................................................82
00195.50 Progress Payments and Retained Amounts.............................................................83
00195.60 Advance Allowance for Materials on Hand................................................................85
00195.70 Payment under Terminated Contract........................................................................85
00195.80 Allowance for Materials Left on Hand........................................................................86
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00195.90 Final Payment...........................................................................................................87
00195.95 Error in Final Quantities and Amounts......................................................................87
Section 00196-Payment for Extra Work................................................................................... 89
00196.00 General.....................................................................................................................89
00196.10 Negotiated Price........................................................................................................89
00196.20 Force Account...........................................................................................................89
Section 00197-Payment for Force Account Work................................................................... 90
00197.00 Scope........................................................................................................................90
00197.01 Extra Work on Force Account Basis..........................................................................90
00197.10 Materials...................................................................................................................90
00197.20 Equipment.................................................................................................................90
00197.30 Labor.........................................................................................................................92
00197.80 Percentage Allowances.............................................................................................92
00197.90 Billings.......................................................................................................................92
Section 00199-Disagreements,Protests and Claims 94
00199.00 General.....................................................................................................................94
00199.10 Procedure for Resolving Disagreements...................................................................94
00199.15 Inappropriate Protest or Claim..................................................................................94
00199.20 Protest Procedure.....................................................................................................94
00199.30 Claims Procedure......................................................................................................95
00199.40 Claim Decision; Review; Exhaustion of Adminstrative Remedies............................ 98
00199.50 Mediation................................................................................................................100
00199.60 Review of Determination Regarding Records.........................................................100
TOC-4
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PART 00100-GENERAL CONDITIONS
Section 00110-Organization,Conventions,Abbreviations,and Definitions
00110.00 Organization of Specifications-The Specifications are comprised of the following:
• The"General Conditions for Construction for the City of Tigard,"published by the Agency,which
contain Part 00100"General Conditions",which deal with the solicitation process and contractual
relationships;
• The"2015 Oregon Standard Specifications for Construction,"which contain Parts 00200 through
03000,published by the Oregon Department of Transportation which contain the detailed
"Technical Specifications"involved in prosecution of the Work,organized by subject matter,and
• The Special Provisions.
In addition,throughout the Specifications:
• Each Part is divided into Sections and Subsections.
• Reference to a Section includes all applicable requirements of the Section.
• When referring to a Subsection, only the number of the Subsection is used; the word "Subsection"
is implied.
• Where Section and Subsection numbers are not consecutive, the interval has been reserved for
use in the Special Provisions or future expansion of the Standard Specifications.
Conventions
00110.05 Conventions Used Throughout the Specifications Include:
(a) Grammar—The "General Conditions for Construction for the City of Tigard", part 00100 "General
Conditions", is written in the indicative mood, in which the subject is expressed. The "2015 Oregon
Standard Specifications for Construction", published by the Oregon Department of Transportation, which
contain parts 00200 through 03000, the detailed "Technical Specifications", are generally written in the
imperative mood, in which the subject is implied. Therefore, throughout Parts 00200 through 03000, and
on the Plans:
• The subject, "the Contractor",is implied.
• "Shall"refers to action required of the Contractor,and is implied.
• "Will"refers to decisions or actions of the Agency and/or the Engineer.
• The following words, or words of equivalent meaning, refer to the actions of the Agency and/or the
Engineer, unless otherwise stated: "allowed", "directed", "established", "permitted", "ordered",
"designated","prescribed","required","determined".
• The words "approved", "acceptable", "authorized", "satisfactory", "suitable", "considered", and
"rejected", "denied", "disapproved", or words of equivalent meaning, mean by or to the Agency
and/or the Engineer,subject in each case to Section 00150 of the General Conditions.
• The words"as shown","shown","as indicated",or"indicated"mean"as indicated on the Plans".
• Certain Subsections labeled"Payment"contain statements to the effect that"payment will be made
at the Contract amounts for the following items" (followed by a list of items). In such cases the
Agency shall pay for only those Pay Items listed in the Schedule of Items.
(b) Capitalization of Terms-Capitalized terms,other than titles, abbreviations, and grammatical usage,
indicate that they have been given a defined meaning in the Standard Specifications. Refer to Section
00110.20 "Definitions". Defined terms will always be capitalized in Part 00100; in Parts 00200 through
03000, defined terms will generally not be capitalized,with the notable exception of"the Contractor", "the
Agency",and"the Engineer".
(c) Punctuation-In this publication the "outside method" of punctuation is employed for placement of
the comma and the period with respect to quotation marks. Only punctuation that is part of the quoted
matter is placed within quotation marks.
(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and Permits-
References are made in the text of the Specifications to "laws", "acts", "rules", "statutes", "regulations",
"ordinances", etc. (collectively referred to for purposes of this Subsection as "Law"), and to "orders" and
"permits" (issued by a governmental authority,whether local, State,or federal, and collectively referred to
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for purposes of this Subsection as "Permits"). Reference is also made to "applicable laws and
regulations". The following conventions apply in interpreting these terms,as used in the Specifications.
• Statutes and Rules-Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR)
referenced in the Specifications are accessible on line, including through the Oregon Legislative
Counsel Committee web site and through the Oregon Secretary of State Archives Division web
site.
• Law-In each case, unless otherwise expressly stated therein, the Law is to be understood to be
the current version in effect. This also applies where a specific Law is referenced or cited,
regardless of whether the text of the Law has been included in the Specifications or not, and
regardless of whether the text of the Law has been summarized or paraphrased. In each case,the
current version of the Law is applicable under any Contract. The reader is therefore cautioned to
check the actual text of the Law to confirm that the text included in the Specifications has not been
modified or superseded.
• Permits-Orders and Permits issued by a Government agency may be modified during the course
of performing the Work under a Contract. Therefore,wherever the term"Order"or"Permit"is used
in the Specifications, it is intended to refer to the then-current version. That version may be
embodied in a modified,superseding order or permit,or it may consist of all terms and conditions of
prior orders or permits that have not been superseded, as well as the additional terms added by
amendment or supplement. In certain cases, the orders and/or permits are identified by name in
the Specifications; in other cases the terms are used in the generic sense. The reader is cautioned
to check the text(s)of each order and permit identified either by name or by generic reference.
• Applicable Laws and Regulations-Where the phrase"applicable laws and regulations" appears, it
is to be understood as including all applicable laws, acts, regulations, administrative rules,
ordinances,statutes,and orders and permits issued by a governmental or regulatory authority.
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Abbreviations
00110.10 Abbreviations-Following are meanings of abbreviations used in the Standard Specifications, in
the Special Provisions, on the Plans, and in other Contract Documents. Other abbreviations and meanings
of abbreviations may be in the individual Sections of the Standard Specifications to which they apply, in the
Special Provisions,and in OAR 731-005 and OAR 731-007.
AAR - Association of American Railroads
AASHTO - American Association of State Highway and Transportation Officials
ABC - Associated Builders and Contractors, Inc.
AC - Asphalt Concrete
ACI - American Concrete Institute
ACP - Asphalt Concrete Pavement
ACWS - Asphalt Concrete Wearing Surface
AGC - Associated General Contractors of America
AIA - American Institute of Architects
AISC - American Institute of Steel Construction
AISI - American Iron and Steel Institute
AITC - American Institute of Timber Construction
ANSI - American National Standards Institute
APA - Engineered Wood Association
APWA - American Public Works Association
AREMA - American Railway Engineering and Maintenance of Right-of-Way Association
ASCE - American Society of Civil Engineers
ASME - American Society of Mechanical Engineers
ASTM - American Society for Testing and Materials
ATPB - Asphalt Treated Permeable Base
AWG - American Wire Gauge
AWPA - American Wood Protection Association
AWS - American Welding Society
AWWA - American Water Works Association
CAgT - Certified Aggregate Technician
CAT-1 - Certified Asphalt Technician I
CAT-II - Certified Asphalt Technician II
CBM - Certified Ballast Manufacturers
CCO - Contract Change Order
CCT - Concrete Control Technician
CDT - Certified Density Technician
CEBT - Certified Embankment and Base Technician
CMDT - Certified Mixture Design Technician
CPF - Composite Pay Factor
CRSI - Concrete Reinforcing Steel Institute
CFR - Code of Federal Regulations
CS - Commercial Standard,Commodity Standards Division, U.S. Department of Commerce
D1.1 - Structural Welding Code-Steel,American Welding Society,current edition
D1.5 - Bridge Welding Code,American Welding Society,current edition
DBE - Disadvantaged Business Enterprise
DEQ - Department of Environmental Quality,State of Oregon
DOGAMI - Department of Geology and Mineral Industries,State of Oregon
DSL - Department of State Lands,State of Oregon
EAC - Emulsified Asphalt Concrete
EPA - U.S. Environmental Protection Agency
ESCP - Erosion and Sediment Control Plan
FHWA - Federal Highway Administration, U.S. Department of Transportation
FSS - Federal Specifications and Standards, General Services Administration
GSA - General Services Administration
ICEA - Insulated Cable Engineers Association(formerly IPCEA)
IES - Illuminating Engineering Society
IMSA - International Municipal Signal Association
ISO - International Standards Organization
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ITE - Institute of Transportation Engineers
JMF - Job Mix Formula
MFTP - Manual of Field Test Procedures(ODOT)
MIL - Military Specifications
MSC - Minor Structure Concrete
MUTCD - Manual on Uniform Traffic Control Devices for Streets and Highways, FHWA, U.S.
Department of Transportation
NEC - National Electrical Code
NEMA - National Electrical Manufacturer's Association
NESC - National Electrical Safety Code
NIST - National Institute of Standards and Technology
NPDES - National Pollutant Discharge Elimination System
NPS - Nominal Pipe Size(dimensionless)
OAR - Oregon Administrative Rules
ODA - Oregon Department of Agriculture
ODOT - Oregon Department of Transportation
ORS - Oregon Revised Statutes
OR-OSHA - Oregon Occupational Safety and Health Division of the Department of Consumer and
Business Services
OSHA - Occupational Safety and Health Administration,U.S. Department of Labor
PCA - Portland Cement Association
PCC - Portland Cement Concrete
PCI - Precast/Prestressed Concrete Institute
PCP - Pollution Control Plan
PF - Pay Factor of a constituent
PLS - Professional Land Surveyor
PMBB - Plant Mixed Bituminous Base
PTI - Post-Tensioning Institute
PUC - Public Utility Commission,State of Oregon
QA - Quality Assurance
QC - Quality Control
QCT - Quality Control Technician
QL - Quality Level
QPL - Qualified Products List
RAP - Reclaimed Asphalt Pavement
REA - Rural Electrification Administration, U.S. Department of Agriculture
RMA - Radio Manufacturers Association or Rubber Manufacturers Association
SAE - Society of Automotive Engineers
SI - International System of Units(Systeme Internationale)
SRCM - Soil and Rock Classification Manual(ODOT)
SSPC - Society for Protective Coatings
T - Tolerances,AASHTO Test Method
TM - Test Method(ODOT)
TV - Target Value
UBC - Uniform Building Code(as adopted by the State of Oregon)
UL - Underwriters Laboratory, Inc.
UPC - Uniform Plumbing Code(as adopted by the State of Oregon)
USC - United States Code
WAQTC - Western Alliance for Quality Transportation Construction
WCLIB - West Coast Lumber Inspection Bureau
WWPA - Western Wood Products Association
Definitions
00110.20 Definitions-Following are definitions of words and phrases used in the Standard Specifications,
in the Special Provisions, on the Plans, and in other Contract Documents. Other definitions may be in the
individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in
OAR 731-005 and OAR 731-007.
Add by Special Provisions any required project-specific definitions not already in the General Conditions.
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Act of God or Nature-A natural phenomenon of such catastrophic proportions or intensity as would
reasonably prevent performance.
Addendum-A written or graphic modification, issued before the opening of Bids, which revises, adds to,or
deletes information in the Solicitation Documents or previously issued Addenda.
Additional Work-Increased quantities of any Pay Item, within the scope of the Contract, for which a unit
price has been established.
Advertisement-The public announcement (Notice to Contractors, Invitation to Bid or Advertisement for
Bids)inviting Bids for Work to be performed or Materials to be furnished.
Agency-The City of Tigard, a municipal corporation of the State of Oregon, county, or State agency or
special district or political subdivision, as applicable,which has entered into a Contract with the Contractor.
Agency-Controlled Lands-Lands owned by the Agency, or controlled by the Agency under lease or
agreement,or under the jurisdiction and control of the Agency for the purposes of the Contract.
Aggregate-Rock of specified quality and gradation.
Attorney in Fact-An Entity appointed by another to act in its place, either for some particular purpose, or
for the transaction of business in general.
Award-Written notification to the Bidder that the Bidder has been awarded a Contract.
Base-A Course of specified material of specified thickness placed below the Pavement.
Bid-A competitive offer,binding on the Bidder and submitted in response to an invitation to bid.
Bid Bond-The Surety bond for Bid guarantee.
Bid Booklet-The information included in the Solicitation Documents that contain the information identified
in 00120.10.
Bid Closing-The date and time after which Bids, Bid modifications, and Bid withdrawals will no longer be
accepted.
Bid Documents-See under Solicitation Documents.
Bid Opening-The date and time Bids are opened.
Bid Schedule-The list of Pay Items, their units of measurement, and estimated quantities. (When a
Contract is awarded,the Bid Schedule becomes the Schedule of Items.)
Bid Section-The portion of the Bid Booklet containing all pages after the Bidder's checklist and before the
appendix.
Bidder-An Entity that submits a Bid in response to an invitation to bid.
Bike Lane-A lane in the Traveled Way, designated by striping and Pavement markings for the preferential
or exclusive use of bicyclists.
Borrow-Material lying outside of planned or required Roadbed excavation used to complete Project
earthwork.
Boulders-Particles of rock that will not pass a 12 inch square opening.
Bridge-A single or multiple span Structure, including supports, that carries motorized and non-motorized
vehicles, pedestrians, or utilities on a Roadway, walk, or track over a watercourse, highway, railroad, or
other feature.
Buttress-A rock fill placed at the toe of a landslide or potential landslide in order to resist slide movement.
Calendar Day-Any day shown on the calendar, beginning and ending at midnight.
Camber-A slight arch in a surface or Structure to compensate for loading.
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00110
Change Order-A written order issued by the Engineer to the Contractor modifying Work required by the
Contract, or adding Work within the scope of the Contract, and, if applicable, establishing the basis of
payment for the modified Work.
Changed Work-Work included in a Pay Item and within the scope of the Contract that is different from that
reflected in the Contract Documents.(see 00140.30)
Class of Project-A designation based on a Project's funding source,i.e.,State or Federal-Aid.
Class of Work-A designation referring to the type of Work in which Bidders must be pre-qualified, if
prequalification is required
Clay-Soil passing a No. 200 sieve that can be made to exhibit plasticity (putty-like properties) within a
range of water contents.
Clear Zone-Roadside border area, starting at the edge of the Traveled Way, that is available for safe use
by errant vehicles. Establishing a minimum width Clear Zone implies that rigid objects and certain other
hazards within the Clear Zone should be relocated outside the Clear Zone, or shielded, or remodeled to
make them break away on impact or be safely traversable.
Close Conformance-Where working tolerances are given on the Plans or in the Specifications, Close
Conformance means compliance with those tolerances. Where working tolerances are not given, Close
Conformance means compliance, in the Engineer's judgment,with reasonable and customary manufacturing
and construction tolerances.
Coarse Aggregate-Crushed Rock or crushed Gravel retained on a 1/4 inch sieve, with allowable
undersize.
Cobbles-Particles of Rock, rounded or not, that will pass a 12 inch square opening and be retained on a 3
inch sieve.
Commercial Grade Concrete-Concrete furnished according to Contractor proportioning, placed in minor
Structures and finished as specified.
Contract-The written agreement between the Agency and the Contractor, including without limitation all
Contract Documents, describing the Work to be completed and defining the rights and obligations of the
Agency and the Contractor.
Contract Amount(Contract Price)-Sum of the Pay Item amounts computed by multiplying the Pay Item
quantities by the unit prices in the Schedule of Items.
Contract Day-A day counted for purposes of charging Contract Time.
Contract Documents-Solicitation Documents, Specifications, Standard and Supplemental Drawings,
Contract Booklet, Change Orders, Force Account Work orders, pay documents issued by the Agency,
Materials certifications, Project Work schedules, final estimate, written orders and authorizations issued by
the Agency, Material source development and reclamation plans, and permits, orders and authorizations
obtained by the Contractor or Agency applicable to the Project, as well as all documents incorporated by
reference therein.
Contract Time-The amount of time allowed to complete the Work under the Contract.
Contractor-The Entity awarded the Contract according to the solicitation.
Correction Period-Period from Second Notification to Final Acceptance as per subsection 00170.85(b).
Course-A specified Surfacing Material placed in one or more Lifts to a specified thickness.
Coverage-One Pass by a piece of Equipment over an entire designated area.
Cross Section-The exact image formed by a plane cutting through an object, usually at right angles to a
central axis,to determine area.
Day-A Calendar Day including weekdays,weekends,and holidays, unless otherwise specified.
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Defective -An adjective which when modifying the word "Work" refers to work that: (1) is unsatisfactory,
faulty or deficient; (2)does not conform to the Contract Documents; (3)does not meet the requirements of
any inspection, test for approval referred to in the Contract Documents; or (4) has been damaged prior to
Engineer's recommendation for final payment.
Durable Rock-Rock that has a slake durability index of at least 90% based on a two-cycle slake durability
test, according to ASTM D 4644. In the absence of test results, the Engineer may evaluate the durability
visually.
Emulsified Asphalt-Emulsified asphalt cement.
Emulsified Asphalt Concrete-A mixture of Emulsified Asphalt and graded Aggregate.
Engineer- The Engineer who represents the Agency and who is designated by the Agency to administer
the Contract.
Entity-A natural person capable of being legally bound, sole proprietorship, limited liability company,
corporation, partnership, limited liability partnership, limited partnership, profit or nonprofit unincorporated
association, business trust, two or more persons having a joint or common economic interest, or any other
person with legal capacity to contract,or a government or governmental subdivision.
Equipment-All machinery, tools, manufactured products, and fabricated items needed to complete the
Contract or specified for incorporation into the Work.
Establishment Period-The time specified to assure satisfactory establishment and growth of planted
Materials.
Existing Surfacing-Pavements, slabs, curbs, gutters, walks, driveways, and similar constructions of
bricks, blocks, Portland cement concrete, bituminous treated materials, and granular surfacing materials on
existing Highways.
Extra Work-Work not included in the Contract, but deemed by the Engineer to be necessary to complete
the Project.
Field Order—A written order issued by the Engineer which requires minor changes in the Work but which
may not involve a change in the Contract Amount or the Contract Times.
Final Acceptance-Written confirmation by the Agency that the Project has been completed according to
the Contract including all corrective work identified by the Agency during the Correction Period, with the
exception of latent defects and Warranty obligations, if any,and has been accepted.
Final Inspection-The inspection conducted by the Engineer to determine that the Project has been
completed according to the Contract.
Fine Aggregate-Crushed Rock, crushed Gravel, or Sand that passes a 114 inch sieve, with allowable
oversize.
First Notification-Written Notice to Proceed issued to the Contractor by the Engineer.
Force Account Work-Items of Extra Work ordered by the Engineer that are to be paid according to
Section 00197.
Granular Material-Graded and selected free-draining material composed of particles of Rock, Sand, and
Gravel.
Gravel-Particles of Rock, rounded or not,that will pass a 3 inch sieve and be retained on a No.4 sieve.
Highway-Every road, street, thoroughfare and place, including bridges, viaducts and other structures
within the boundaries of the State,open,used or intended for use by vehicular traffic.
Incidental-A term identifying those acts, services, transactions, property, Equipment, labor, Materials, or
other items for which the Agency will make no separate or additional payment.
Inspector-The representative of the Engineer authorized to inspect and report on Contract performance.
Leveling-Placing a variable-thickness Course of Materials to restore horizontal and vertical uniformity to
existing Pavements, normally continuous throughout the Project.
11
00110
Lift-The compacted thickness of material placed by Equipment in a single Pass.
Local Contracting Review Board—The City Council of the City of Tigard(Agency).
Mandatory Source-A material source provided by the Agency from which the Contractor is required to
obtain Materials. (see 00160.00(b)and 00160.40)
Materials-Any natural or manmade substance specified for use in the construction of the Project or for
incorporation into the Work.
Median-The portion of a divided Highway separating traffic traveling in opposite directions.
Milestone - A principal event or activity specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
Multiple Course Construction-Two or more Courses, exclusive of Patching or Leveling, placed over the
entire Roadway width.
Multi-Use Path-That portion of the Highway Right-of-Way or a separate Right-0f--Way, physically
separated from motor vehicle traffic and designated for use by pedestrians, bicyclists and other non-
motorized users.
Neat Line-Theoretical lines specified or indicated on the Plans for measurement of quantities.
Nondurable Rock-Rock that has a slake durability index of less than 90% based on a two-cycle slake
durability test, as tested by ASTM D 4644, or Rock that is observed to readily degrade by air, water, and
mechanical influence.
Notice to Contractors-The public announcement inviting Bids for Work to be performed or Materials to be
provided.
Notice to Proceed-Written notice authorizing the Contractor to begin performance of the Work.
On-Site Work-Any Work taking place on the Project Site, including designated staging areas adjacent to
the Project Site,except for installation of covered temporary signs according to Section 00225.
Organic Soil-A Soil with sufficient organic content to influence the Soil properties.
Panel-The width of specified Material being placed by Equipment in a single Pass.
Pass-One movement of a piece of Equipment over a particular location.
Patching-Placing a variable-thickness Course of Materials to correct sags, dips, and/or bumps to the
existing grade and Cross Section,normally intermittent throughout the Project.
Pavement-Asphalt concrete or Portland cement concrete placed for the use of motor vehicles, bicycles, or
pedestrians on Roadways, Shoulders, Multi-Use Paths and parking areas.
Pay Item(Contract Item)-A specific unit of Work for which a price is provided in the Contract.
Payment Bond-The approved security furnished by the Contractor's Surety as a guaranty of the
Contractor's performance of its obligation to pay promptly in full all sums due for Materials, Equipment, and
labor furnished to complete the Work.
Peat-A Soil composed primarily of vegetative matter in various stages of decomposition, usually with an
organic odor,dark brown to black color,and a spongy consistency.
Performance Bond-The approved security furnished by the Contractor's Surety as a guaranty of the
Contractor's performance of the Contract.
Plans(Drawings) -Standard and Supplemental Drawings, and approved unstamped and reviewed and
accepted stamped Shop Drawings and Deferred Submittals. (see 00150.10 and 00150.35)
Project-The sum of all Work to be performed under the Contract.
Project Manager-The Engineer's representative directly responsible for administration of a Contract.
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00110
Project Site-The geographical dimensions of the real property on which the Work is to be performed,
including designated contiguous staging areas.
Prospective Source-A Material source provided by the Agency, from which the Contractor has the option
of obtaining Materials. (see 00160.00(a)and 00160.40)
Publicly-Owned Equipment-Equipment acquired by a state, county, municipality or political subdivision
primarily for use in its own operations.
Public Traffic-Vehicular or pedestrian movement, not associated with the Contract Work,on a public way.
Railroad-Publicly or privately owned rail carriers, including passenger, freight, and commuter rail carriers,
their tenants,and licensees. Also, Utilities that jointly own or use such facilities.
Right-of-Way-Land, property, or property interest, usually in a strip, acquired for or devoted to
transportation or other public works purposes.
Roadbed-Completed excavations and embankments for the Subgrade, including ditches, side slopes, and
slope rounding,if any.
Roadside-The area between the outside edges of the Shoulders and the Right-of-Way boundaries.
Unpaved median areas between inside Shoulders of divided Highways and infield areas of interchanges are
included.
Roadway-That portion of a Highway improved, designed, or ordinarily used for vehicular travel, exclusive
of the berm or Shoulder. If a Highway includes two or more separate Roadways,the term"Roadway"refers
to any such Roadway separately, but not to all such Roadways collectively. (see Traveled Way)
Rock-Natural deposit of solid material composed of one or more minerals occurring in large masses or
fragments.
Schedule of Items-The list of Pay Items,their units of measurement,estimated quantities,and prices.
Schedule of Values-The breakdown of the values of the component elements comprising a lump sum Pay
Item.
Second Notification-Written acknowledgment by the Engineer of Substantial Completion of a Milestone or
of the Work according to 00180.50(g).
Shoulder-The part of a Roadbed contiguous to the Traveled Way or Roadway,whether paved or unpaved,
for accommodating stopped vehicles, for emergency use and for lateral support of Base and surface
Courses.
Silt-Soil passing a No.200 sieve that is nonplastic or exhibits very low plasticity.
Single Course Construction-A wearing Course only, not including patching or leveling Courses or partial
width Base Course.
Slope-Vertical distance to horizontal distance,unless otherwise specified.
Soil-Accumulations of particles produced by the disintegration of Rock, which sometimes contains organic
matter. Particles may vary in size from Clay to Boulders.
Solicitation Documents-Documents which define the procurement of a public improvement Project,
including, but not limited to, the Bid Booklet, Contract Booklet, Agency-provided Plans, Standard
Specifications, Special Provisions, Addenda, and which includes all documents incorporated by reference.
May also be called Bid Documents.
Special Provisions-The special directions, provisions, and requirements specific to a Project that
supplement or modify the Standard Specifications. Permits and orders governing the Project that are issued
directly to the Agency by a governmental or regulatory authority are considered to be part of the Special
Provisions,to the extent and under the conditions stipulated in the Special Provisions.
Specifications-The Standard Specifications and Special Provisions, together with all provisions of other
documents incorporated therein by reference.
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00110
Standard Drawings-The Agency-prepared detailed drawings for Work or methods of construction that
normally do not change from project to project.
Standard Specifications—The "General Conditions for Construction for the City of Tigard" published by
the Agency, and the "2015 Oregon Standard Specifications for Construction", Parts 00200 through 03000,
"Technical Specifications", published by the Oregon Department of Transportation as amended by the
Agency. It provides directions, provisions, and requirements necessary for performing public improvement
projects.
State-The State of Oregon.
Structures-Bridges, retaining walls, endwalls, cribbing, buildings, culverts, manholes, catch basins, drop
inlets, sewers, service pipes, underdrains, foundation drains, and other similar features which may be
encountered in the Work.
Subbase-A Course of specified material of specified thickness between the Subgrade and a Base.
Subcontractor-An Entity having a direct contract with the Contractor or another Subcontractor,to perform
a portion of the Work.
Subgrade-The top surface of completed earthwork on which Subbase, Base, Surfacing, Pavement, or a
Course of other Material is to be placed.
Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the
point where, in the opinion of Engineer, the Work (or specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the Work (or a specified part thereof)can be utilized for
the purposes for which it is intended.
Substructure-Those parts of a Structure which support the Superstructure, including bents, piers,
abutments, and integrally built wingwalls, up to the surfaces on which bearing devices rest. Substructure
also includes portions above bearing surfaces when those portions are built integrally with a Substructure
unit(e.g., backwalls of abutments). When Substructure and Superstructure elements are built integrally,the
division between Substructure and Superstructure is considered to be at the bottom soffit of the longitudinal
or transverse beam, whichever is lower. Culverts and rigid frames are considered to be entirely
Substructure.
Superstructure-Those parts of a Structure above the Substructure,including bearing devices.
Supplemental Drawings-The Agency-prepared detailed drawings for Work or methods of construction
that are Project specific,and are denoted by title in the Project title block.
Supplier-The Entity that furnishes goods to be incorporated into the Work.
Surety-The Entity that issues the bond.
Surfacing-The Course or Courses of material on the Traveled Way, auxiliary lanes, Shoulders, or parking
areas for vehicle use.
Third Notification-Written acknowledgment by the Engineer, subject to Final Acceptance, that as of the
date of the notification the Contractor has achieved Final Completion of the Project according to the
Contract, including without limitation completion of all minor corrective work, Equipment and plant removal,
site clean-up, and submittal of all certifications, bills,forms and documents required under the Contract.
Ton-One short ton of 2,000 pounds(Ton,ton,Tn,or T).
Topsoil-Soil ready for use in a planting bed.
Traffic Lane-That part of the Traveled Way marked for moving a single line of vehicles.
Traveled Way-That part of the Highway for moving vehicles,exclusive of berms and Shoulders.
Typical Section-That Cross Section established by the Plans which represents in general the lines to
which the Contractor shall work in the performance of the Contract.
Unsuitable Material-Frozen material, or material that contains organic matter, muck, humus, peat, sticks,
debris,chemicals,toxic matter,or other deleterious materials not normally suitable for use in earthwork.
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00110
Utility-A line, facility, or system for producing, transmitting, or distributing communications, power,
electricity, heat, gas, oil, water, steam, waste, storm water not connected with highway drainage, or any
other similar commodity which directly or indirectly serves the public. The term may also mean the utility
company, district, or cooperative owning and operating such facilities, including any wholly-owned or
controlled subsidiary.
Warranty Bond-The approved security furnished by the Contractor's, Subcontractor's, Manufacturer's,
Installers or Supplier's Surety as a guaranty of performance of their respective warranty obligations.
Work-The furnishing of all Materials, Equipment, labor,and Incidentals necessary to successfully complete
any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the
Contract.
Work Change Directive—A written statement to Contractor issued on or after the Date of the Agreement
and signed by Agency and recommended by Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to
be performed or to emergencies. A Work Change Directive will not change the Contract Amount or the
Contract Times but is evidence that the parties expect that the change ordered or documented by a Work
Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the
parties as to its effect, if any,on the Contract Amount or Contract Times.
Work Day-Every Calendar day excluding Saturdays, Sundays and legal holidays as listed in ORS187.010.
Worker-Any person performing work under the contract, including employees of the Contractor or
subcontractor, and persons having full or partial ownership of the Contractor or subcontractor. (This
definition is not intended to nor does it alter the definition or meaning of the term "worker" as used in any
applicable laws or regulations,including but not limited to for purposes of paying prevailing wage rates.)
Working (Shop) Drawings-Supplemental Plans, not furnished by the Agency, that the Contractor is
required to submit to the Engineer. (see 00150.35)
Workplace Violence-Any act of physical, verbal or written aggression by an individual in or related to the
work place and/or project sites. This includes, but is not limited to, verbal abuse, threats or intimidation and
physical intimidation, assault or battery by a worker or former worker. Work place violence may also include
destruction or abuse of property.
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00120
Section 00120-Bidding Requirements and Procedures
00120.01 General Bidding Requirements - Bidders may obtain and submit Bids by paper before the
deadline stated in the Advertisement for Bid and at the location stated in the Advertisement for Bid.
00120.05 Requests for Solicitation Documents - Informational Plans and Specifications are available
online at www.tioard-or.gov/business/bids.php or in person at Tigard City Hall located at 13125 SW Hall
Boulevard Tigard, Oregon 97223 at no charge.
Copies of the Oregon Standard Specifications are available for download or purchase at:
www.oregon.gov/ODOT/H W Y/SPECS/Pages/2015—Sta ndard—Specifications.aspx.
(a) Paper Bids - Bidders must obtain Solicitation Documents from the City of Tigard, either online at
www.ti.gard-or.gov/business/bids,php or in person at Tigard City Hall located at 13125 SW Hall
Boulevard, Tigard, Oregon 97223. Each request must include both the name of the person
ordering or obtaining the Solicitation Documents, and the name of the Entity intending to use them.
(The City will add the name of the Entity intending to use the Solicitation Documents to the list of
Holders of Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from
the City of Tigard may be used to submit Bids.
(b)Standards and Specifications -The work embraced herein shall be done in accordance with the
following standards and specifications.
City of Tigard Public Improvement Design Standards Download from the City's web site
CWS Design and Construction Standards 07-20 www.cleanwaterservices.org
Supplementary General Conditions Included in the Bid Booklet
Manual on Uniform Traffic Control Devices(MUTCD)
2015 Oregon Standard Specifications for Construction2015 Available from ODOT
Copies of these standards and specifications can be found at the locations stated above.
00120.10 Bid Booklet—The Bid Booklet may include,but is not limited to
• Advertisement for Bids
• Bidder's checklist
• Bid Section
• Appendix, which includes required time-sensitive forms, DBE information, sample forms, and other
informational pages
The Bid Section includes all pages after the Bidder's checklist and before the appendix. The Bid Section
may include,but is not limited to:
• Description and location of the proposed Project
• Time,date,and location for opening Bids
• Project completion time
• Class of Project(i.e., Federal-Aid or State)
• Class of Work
• Bid statement
• Certificate of non-collusion
• Certificate of Nondiscrimination
• Certificate of noninvolvement in any debarment or suspension(for Federal-Aid Projects)
• Certificate regarding lobbying activities(for Federal-Aid Projects)
• Certificate of residency (for State Projects)
• Certificate of compliance with Oregon tax laws
• Bid Schedule
• Acknowledgement of Addenda
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00120
• Identification of Bidder(s)and Sureties
• Bid signature page
• Bid Bond form
• First-tier Subcontractor Disclosure form
Depending on the Class of Project, other certificates or statements may be bound within the Bid Section.
Plans,Specifications,and other documents referred to in the Bid Section will be considered part of the Bid.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered-Before submitting a Bid, Bidders shall make a careful visual examination of the site of the
proposed Work, the Bid Booklet, Plans, and Specifications. Bidders shall also review any subsurface
investigation material referenced in 00120.25 that may be available and conduct additional investigation of
any unusual condition apparent during the visual site examination. As soon as reasonably practicable after
noting any such unusual condition, Bidder shall notify Agency, in writing,of any such unusual condition and
the additional investigation undertaken by Bidder. Submission of a Bid will constitute confirmation that the
Bidder has examined the Project Site and finds the Plans and Specifications to be sufficiently detailed and
accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered
in performing the Work and all requirements of the Contract.
The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's
failure to fully examine the site and became fully informed about all conditions of the Work, or failure to
request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing by e-mail
through the Engineer. Notification of erroneous or incomplete Plans or Specifications shall also be
submitted to the Engineer. Unless the procurement period is shorter than one week, notifications and
requests for changes or clarification shall be submitted at least seven Days prior to the date of Bid Closing.
The Agency will respond to each request at least 72 hours prior to the date of Bid Closing. If the
Procurement period is less than seven Days, requests shall be submitted within one Day after the
Procurement is issued and the Agency will issue its response to each such request at least 24 hours prior to
Bid Closing. Failure to timely request clarification or changes shall be deemed acceptance of all of the
terms and conditions of the Procurement.Oral explanations or interpretations given before receiving Bids for
a Project will not be binding. To be binding, interpretation of the Plans and Specifications by the Agency
must be made by written Addendum furnished to all Holders of Bidding Plans according to 00120.30.
00120.16 Material, Equipment, and Method Substitutions-When the Contract specifies certain
Materials, Equipment, and/or Methods,the Bidder shall include those Materials, Equipment,and/or Methods
in the Bid. Substitution after execution of the Contract is specified in 00180.31(b), 00180.31(c), and
00180.31(d).
00120.17 Use of Agency Owned Land for Staging or Storage Areas-The Contractor may use Agency-
owned property for staging or storage areas,subject to the following limitations:
(a) Within Normal Right-of-Way Limits-If approved by the Engineer,the Contractor may use available
property within the normal Right-of-Way limits for the purpose of constructing improvements under the
Contract as long as such use does not unduly impede other legitimate users of the Right-of-Way or
adjacent properties. Where the Agency owns, or has rights to, other adjacent properties in the Project
area,"normal Right-of-Way"is limited to a line drawn across that property connecting the normal Right-of-
Way limits on either side of the property.
(b) Outside Normal Right-of-Way Limits-The Contractor may not use Agency-owned property outside
of normal Right-of-Way limits for the Project without the approval of the Engineer.
If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the
Contractor,or at a cost stated by the Engineer upon granting approval,as confirmed by Addendum.
If approval is not obtained before submitting a Bid, and the Contractor proposes to use Agency-owned
property outside the normal Right-of-Way limits, then use of the property may be approved by the
Engineer,but the Contractor will be assessed fair market value,as determined by the Engineer,for use of
the property.
(c) Restrictions on Use-Contractors shall comply with all applicable laws, ordinances, and regulations
pertaining to use of Agency-owned property,and shall:
17
00120
° Not cause unreasonable impacts ontraffic and other facility users.
° Clean up all hazardous materials deposited by,or resulting from,Contractor operations.
° Baresponsible for all costs associated with use ofthe property.
00120^20 Interpretation of Quantities in Bid Schmdm|m-OuanUUeo appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The Agency does not warrant that the m±ue|
individual iteno, amount of Work, or quenddan will correspond to those shown in the Bid Schedule.
Payment to the Contractor will be made only for actual quantities of Work pmdbmnad and accepted or
Moteho|* furnished and ocoept*d, as required by the Contract. Quantities of Work to be performed and
Materials to be furnished may each be incmamed, decn*moed, or omitted as provided in 00120.30 and
00140.30.
00120.20 Subsurface Investigations-|fthe Agency or its consultant has conducted subsurface or
geologic investigations of the proposed Project Site or contiguous to the Project Site, the n*suKa of the
investigations may beincluded inwritten geotechnical data reports. |fgeotechnical data reports have been
prepared, such reports may bei dudedintheGm|icitationDocumenba(smmSpeoo| Prnviskmnm)ondohmUbe
considered as part of the Contract Documents to the extent that the Contractor may rely upon the accuracy
of the technical data contained in such reports. If the Agency has retained subsurface samples, they will
also be available for inspection. Bidders and the Contractor may make arrangements for viewing the
samples through the Engineers office.
The availability of subsurface information from the Agency is solely for the convenience of the Bidder and
shall not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as
required by 00120.15. or other responsibility under the Contract Documents. It is mutually agreed to by all
parties that:
° The subsurface investigations made bythe Agency are for the purpose nfobtaining data for planning
and design ofthe Project.
° The data for individual test boring logs apply only 10that particular boring and is not intended to be
conclusive as to the character ofany material between oraround test borings.
" If Bidders use this information in preparing e Bid, it is used at their own hok. and Bidders are
responsible for all conclusions,deductions,and inferences drawn from this information.
° Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers,
dimactore, membms, portnemo, employeem, uonmuhonts, or subcontractors with respect to any
Contractor interpretation of or conclusion drawn from any technical data or any such other data,
interpretations,opinions,orinformation.
00120'30 Changes to Plans, Specifications, or Quantities before Opening of Bids-The Agency
reserves the right to issue Addenda making changes or corrections to the Mmno. SpecificaUonm, or
quantities. Only holders of Solicitation Documents obtained from the Agency's office who have been
identified by the Agency as Holders of Bidding Plans will be notified of these Addenda by e-mail, or delivery
service,sent 0mthe Bidder's address ayhappears inthe Agencysfiles.
The Agency may extend Bid Closing if Agency determines prospective Bidders need additional time to
review and respond to Addenda. Agency will not, except to the extent required by countervailing putdk:
inbonoot. issue Addenda less than 72 hours before Bid Closing unless the Addendum also extends Bid
Closing.
Bidders shall acknowledge Addenda by submitting the "Acknowledgment of Addendum" in the Bid Booklet
with their Bids. The Agency will not be responsible for failure of Bidders to receive Addenda sent as
described inthe preceding paragraph. Bids shall incorporate all Addenda. Bids may berejected if opened
and found by the Agency to not be based on all Addenda issued before Bid Closing.
00120'40 Preparation mYBids:
(m) General:
(Y) Bids-ThaBiddemmnhaUnotaNer, inmnymanner the documents within the Bid Section. Bidders
uho|| complete the certifications and statements included in the Bid Section of the Bid Booklet
according to the instructions. Signature of the Bidder's authorized representative thereon
constitutes the Biddo/o confirmation of and agreement to all certifications and statements
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00120
contained in the Bid Booklet. Entries on the documents in the Bid Section shall be in black or blue
ink or typed. Signatures and initials shall be in black or blue ink.
The Bidder shall properly complete and bind all the documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40(d))
(b) Bid Schedule Entries:
(1) Bid Schedule Entries-Using figures, Bidders shall fill in all blank spaces in the Bid Schedule.
For each item in the Bid Schedule, Bidders shall enter the unit price and the product of the unit price
multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more than
two decimal places to the right of the decimal point, and shall be expressed in U.S. dollars and cents
(for example, $150.25 or$0.37). Unit prices submitted which contain more than two decimal places,
will be truncated by the Agency at the second decimal place to determine the product of the unit price
and quantity. No rounding will be considered or paid. Bidders Bid shall also enter the total amount of
the Bid obtained by adding amounts for all items in the Bid Schedule. Corrections or changes of item
entries shall be in ink,with incorrect entry lined out and correct entry entered and initialed in ink by the
person signing the Bid.
(c) Bidder's Address and Signature Pages-Bidders shall include in the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly
authorized representative of the Bidder.
(d) Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the total
amount of the Bid.
(1) Bid Guaranty- The Bid guaranty shall be either a Surety bond, irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or
certified check made payable to the Agency. (see ORS 279C.365(4))
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with the
Bid Booklet or an alternative Bid Bond form acceptable to the Agency. Bidders shall submit the bond
with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted by mail,
delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid
Booklet.
• Acceptable Surety companies are limited to those authorized to do business in the State of
Oregon.
• Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered
by 00130.70.
(e) Disclosure of First-Tier Subcontractors—Without regard to the amount of a Bidder's Bid, if the
Agency's cost estimate for a public improvement project in the Advertisement for Bids, or in other
Solicitation Documents, exceeds $100,000, the Bidder shall, within 2 working hours of the time Bids are
due to be submitted,submit to the Agency,on a form provided by the Agency,a disclosure identifying any
first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is equal to
or greater than:
• 5%of the total Project Bid, but at least$15,000;or
• $350,000,regardless of the percentage of the total Project Bid.
For each Subcontractor listed,Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract;and
• The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate
by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders
shall provide all requested information. An incomplete form will be cause for rejection of the Bid.
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00120
The Subcontractor Disclosure Form may be submitted for a Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it
together with the Bid at the time and place designated for receipt of Bids;
• By removing it from the Bid Booklet, filling it out and submitting it separately to the Agency at the
address given in the Bid Booklet.
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the
Agency within two 2 working hours of the time designated for receiving Bids.
In the event that multiple Subcontractor Disclosure Forms are submitted,the last version received prior to
the deadline will be considered to be the intended version.
THE AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM
WITH THIS INFORMAITON BY THE STATED DEADLINE(see OAR 137-049-0360).
00120.45 Submittal of Bids:
(a) Bids shall be submitted by mail, parcel delivery service, or hand delivery to the Agency, in the
manner and at the times given in the Special Provisions. Submit Bids in a sealed envelope. If a
delivery or courier service is used, the Bidder shall place the sealed envelope containing the Bid
inside the delivery or courier service's envelope.
Bids submitted after Bid Closing time will not be opened or considered. The Agency assumes no
responsibility for the receipt and return of late Bids.
Preparation and submission of Bids is at the sole risk and expense of the Bidder and is not a cost of
Contract performance.
(b) All Bid material submitted by Bidder shall become the property of the Agency and is public record
unless otherwise specified. A Bid that contains any information that is considered trade secret under
ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law,
ORS 192. The above restrictions may not include cost or price information, which must be open to
public inspection.
00120.60 Modification or Withdrawal of Bids:
(a) Modification—Bids once submitted may be modified in writing prior to the time and date set for Bid
Closing and submitted to the place designated for receipt of Bids. Any modifications shall be
prepared on the company letterhead,signed by an authorized representative,and state that the new
document supersedes or modifies the prior Bid. The Bid modification shall be delivered in a sealed
envelope and shall be marked as follows:
BID MODIFICATION
Bid Title and Closing Date and Time
(c) Withdrawal- Bids may be withdrawn by written notification on company letterhead signed by an
authorized representative and received prior to the time and date set for Bid Closing and submitted
to the place designated for receipt of Bids. Bids also may be withdrawn in person prior to the
scheduled Bid Closing upon presentation of appropriate identification.
Requests to withdraw Bids shall be marked as follows:
BID WITHDRAWAL
Bid Title and Closing Date and Time
No Bid can be withdrawn after having been opened.
00120.65 Opening and Comparing Bids-Bids will be opened and the total price for each Bid will be read
publicly at the time and place indicated in the Advertisement for Bids. Bidders and other interested parties
are invited to be present.
20
00120
Bids for each Project will be compared on the basis of the total amount of each Bid. The total amount ofthe
Bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by the
In case of conflict between the unit phmm and the corresponding extended omourd, the unit price shall
govern,and the Agency may make arithmetic corrections onextension amounts.
Ennr(o)discovered after Bid opening cannot becorrected bythe Bidder and the contractor will berequired
to perform work atthe unit price if its Bid imaccepted.
00120.67 Bid Mistakes:
(m) Gmmenmk - Under extraordinary circumstances, m Bid may be withdrawn after the deadline for
submittal because of an inadvertent nonjudgmental mistake. If the mistake is attributable to an error
in judgment, the Bid may not be withdrawn or corrected. Correction orwithdrawal by reason of
nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the
Agency orthe fair treatment nfother Bidders.
(b) Mistakes Discovered after Bid Closing but before Award ' This section applies tosituations
where mistakes in Bids are discovered after the submission deadline but before Award.
(1) NNiwwn Informalities - Minor informalities are matters of form rather than substance that are
evident from the Bid Documants, or insignificant mistakes that can be waived or corrected
promptly without prejudice to other Bidders or the Agency; that is, the informality does not
uffeml phnm, quantity, quality, delivery, or contractual conditions except in the msoe of
informalities involving unit prices. Examples inc|ude, but are not |hnhed to, the failure of a
Bidder to:
° Return the number ofsigned Bids ornumber of other documents required by the Bid Documents;
° Sign the 8kj Form in the dmok]nabad block so long the Bid Documents evidence an intent 0vbe
bound;or
* Acknowledge receipt ofanAddendum bothe Bid Documents,but only if:
° It is clear from the Bid that the Bidder received the Addendum and intended to be bound by
its terms;or
• The Addendum involved did not affect price,quantity,quality,ordelivery.
(c) Mistakes Where Intended Correct Bid imEvident- |fthemistakemndtheintended correct Bid
are clearly on the face of the Bid Fomo, or can be substantiated from accompanying documents,
the Agency may accept the Bid. Examples ofmistakes that may be deadyevident on the face of
the Bid Form are typographicalmnorm. ennm in extending unit prices, transposition errors, and
arithmetical errors. Mistakes that are clearly evident on the face of the Bid Form also may include
instances in which the intended correct Bid is made clearly evident by simple arithmetic
calculations. For example, a missing unit phon may beestablished by dividing the total Bid or
proposal item by the quantity of units for that item, and a missing or incorrect total Bid price for an
item may be established by multiplying the unit price by the quantity when those figures are
available onthe Bid. For discrepancies between unit prices and extended prices, unit prices shall
normally prevail.
(d) Mistakes Where Intended Correct Bid is Not The Agency may not accept a Bid in
which mmistake isclearly evident on the face of the Bid Form but the intended correct Bid ienot
clearly evident orcannot besubstantiated from accompanying documents.
00120'68 Low Tie Bids:
(a) Definition - Low tie Bids are low responsive Bids from responsible Bidders that are identical in
phma, fitnnms, availability and quality and which mmmi all the requirements and criteria set forth in
the Bid Documents.
(b) Award:
21
00120
(1) If low tie Bids are received, mpreference shall be given to goods and services that have been
manufactured cvproduced inOregon.
(2) If the Bids remain tied after application of the Subsection 1, preference shall be given to the
Bidder whose principal offices orheadquarters are located inOregon.
(3) |fthe Bids remain tied after application ofSubsections 1 and 2. the Award shall bemade by
drawing lots among any tied Oregon Bidders. Such Bidders shall be given notice and on
opportunity bmbepresent when the lots are drawn.
(4) If there are no Oregon Bidders after application of subsections 1 and 2,Award of the Contract
shall bemade bydrawing lots.
0$120'70 Rejection of Nonresponsive Bids-ABidvNUbeoonsidenadirnaguhsrandwj|| benejeoted if the
irregularity imdeemed bythe Agency torender the Bid non-neaponsive. Examples ofirregularities include
without limitation:
° The Bid Section documents provided are not properly used or contain unauthorized alterations.
° The Bid isincomplete orincorrectly completed.
° The Bid contains improper additions,deletions,alternate Bids,or conditions.
° The Bid is submitted on documents not obtained directly from the Agency, or is submitted by
Bidder who has not been identified bythe Agency aa o Holder oYBidding P|ono, as nsluinad by
00120.05.
° The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as
required byOO12O.4Oand
° A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
° The Bid has entries not typed or in ink,or has signatures or initials not in ink.
° Each change orcorrection|mnot individually initialed.
° White-out tape orwhite-out liquid isused tocorrect item entries.
° The price per unit cannot bmdetermined.
° The Bid guaranty ioinsufficient orimproper.
° The original Bid Bond form ionot used orisaltered.
° The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document. This requirement applies to Agency and State-
funded Pnojedm, with the exception ofAggregate production and landscape Projects. (not required
unFederal-Aid Projects)
° A disclosure of qualified first-tier 8ubuontnactors, if required underUO12O4O(D. is not received
within 2working hours of the time Bids are due to be mubmdted, or the disclosure fbmn is not
complete.
° The Bidder has not complied with the DBE requirements ofthe solicitation.
° The Bid does not acknowledge all issued Addenda.
° The Bid contains entries that are not greater than zero.
° The Bid entries are not expressed inU.S.dollars and cents.
° The Agency determines that any Pay |hmm is significantly unbalanced bothe potential detriment of
the Agency.
In addition, the Agency may reject all Bids and suspend the project in the event all Bids exceed the funds
the Agency has appropriated for the project or for good cause upon its finding that it is in the public interest
todoso. The Agency may also waive minor informalities orirregularities.
00120.80 Reciprocal Preference for Oregon Resident Bidders'This Subsection applies only to
Contracts for Projects financed without federal funds.
Bidders ohoU complete the certificate of residency provided bythe Agency in the Bid Booklet. Failure to
properly complete the form will bocause 8oreject the Bid.
22
00120
As used in the certificate of residency and this Subsection,"Resident Bidder means a Bidder who has:
° Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission ofthe Bid;
° Abusiness address inthe State ofOregon;and
°
Certified inthe Bid that the Bidder qualifies ooa Resident Bidder.
"Nonresident Bidder"means aBidder who imnot aResident Bidder aodmfinadabove.
In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract, add apercentage
increase tothe Bid of a Nonresident Biddequal tothe if any, of the preference given to that
Bidder in the state in which the Bidder resides(ORS 279A.120). The percentage preference applied in each
state will be published on or before January 1 of each year by the Oregon Department of Administrative
Services. The Agency may rely on these percentages without incurring liability to any Bidder
(ORS 279A.120).
This increase will only heapplied todetenmine1he|ovwaxtBid. ondwi|| nmdcauoeeninmeameinpaymont10
the Contractor after Award ofthe Contract.
00120'90 DhwqwmU|ficmtimm of Bidders-The Bid(e) of a disqualified Bidder will be rejected. Any of the
following reasons iosufficient*ndisqualify oBidder:
° More than one BW is submitted for the omne Work by an Entity under the same or different
name(s).
° Evidence of collusion among Bidders. Participants in collusion will be found not responeibby, and
may besubject Uocriminal prosecution.
° Aoycftbegroundefurdiaque!ificatoncibedinORS27QC.44O.
ABidder will bedisqualified ifthe Bidder has:
° Not been prequalified ifrequired byOO12D.O2;
° Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under
ORS 279C.860;
• Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) cvbeen
licensed by theStateLondmoapaContnsubwrsBomrdbefon*oubmdbngaBid (ORG278C.36b(1
ORS 701.U21. ORS 7O1.O2G. and ORS G71.53D). The Bidder's registration number and expiration
date shall be shown in the Bid form, if requested. Failure tofurnish the registration numbar, if
requested, will render the Bid non-responsive and subject to rejection. (not required on Federal-Aid
projects);or
° Been determined by the CCB under ORS 701.327 not to be qualified to hold or participate in a
public contract for apublic improvement.
00120.91 Rejection of Bid omGrounds mf NomresponsibiUityw0Bidder-The Bid ofmBidder who|m
found to be nonresponsible according to the criteria listed in 00 130.10 or ORS 27SC.375(3)will berejected.
23
00130
Section 00130-Award and Execution of Contract
00130.00 Consideration of Bids-After opening and reading Bids, the Agency will check them for correct
extensions of unit prices and totals. (see 00120.65) The total of extensions,corrected where necessary,will
be used by the Agency for Award purposes. Discrepancies between words and figures will be resolved in
favor of words. In selecting the lowest responsive Bid, the Agency reserves the right to take into
consideration any or all alternatives called for in the Bid Form.
(a) Bids are considered as follows:
The City's available budget for this project is $1,100,000
The bid schedule consists of a base bid package (Schedule A), plus an additional street to be
added to the base bid package(Schedule B)if it would fit within the available budget.
The City will determine the lowest responsible bid based on the maximum number of packages
that can be completed within the project's available budget. The City will consider all bids with
respect to the base package and all addition packages and will award to the lowest
responsible bidder that is able to complete the most streets within the City's available budget.
For example, if three bids are received by the City with the "Schedule A+B" package (which
adds one street to the base Schedule A)at less than the available budget of$1,100,000, the
City will make the lowest responsible bidder determination based on the "Schedule A+B"
package. In another case, if all bids for the "Schedule A+B" package would exceed the
available budget of$1,100,000, the city will make the lowest responsible bidder determination
based on Schedule A.
The total amount of the Bid and the total amounts for the base bid package and each
additional package will be the total sum computed by adding the products of quantities listed in
all Bid Schedules times unit prices entered by the Bidder. In case of conflict between the unit
price and the corresponding extended amount, the unit price shall govern, and the City may
make arithmetic corrections on extension amounts. When an error(s) is made in extending
total prices, the unit bid price will govern. Bidders are cautioned to recheck their bid for
possible error(s). Error(s)discovered after opening cannot be corrected by the bidder and the
contractor will be required to perform the work at the unit price if their bid is accepted.
The Agency reserves the right to waive minor informalities and irregularities, and to reject any or all Bids for
irregularities under 00120.70 or for good cause after finding that it is in the public interest to do so (ORS
279C.395). An example of good cause for rejection in the public interest is the Agency's determination that
any of the unit Bid prices are materially unbalanced to the Agency's potential detriment. A materially
unbalanced Bid is defined as, "a Bid which generates a reasonable doubt that award to the Bidder
submitting a mathematically unbalanced Bid will result in the lowest cost to the Agency."The Agency may
correct obvious errors, when the correct information can be determined from the face of the document, if it
finds that the best interest of the Agency and the public will be served thereby.
00130.10 Award of Contract-After the Bids are opened and a determination is made that a Contract is to
be awarded, the Contract will be awarded to the lowest responsible Bidder. For the purposes of this
Section,"lowest responsible Bidder"means the responsible Bidder that submitted the lowest responsive Bid
who is not on the list created by the Construction Contractors Board according to ORS 701,and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial, Materials, Equipment, facility and personnel resources and
expertise,or ability to obtain the resources and expertise, necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance. In evaluating a Bidder's record of performance, the Agency
may consider, among other things, whether the Bidder completed previous contracts of a similar
nature with a satisfactory record of performance. For purposes of evaluating a Bidder's
performance on previous contracts of a similar nature, a satisfactory record of performance means
that to the extent that the costs associated with and time available to perform a previous contract
remained within the Bidder's control, the Bidder stayed within the time and budget allotted for the
procurement and otherwise performed the contract in a satisfactory manner.
• A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may
consider, among other things, whether the Bidder has previous criminal convictions for offenses
24
00130
related to obtaining or attempting to obtain a contract or subcontract or in connection with the
Bidder's performance of a contract or subcontract.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the Agency's inquiry concerning
responsibility. If a prospective Bidder fails to promptly supply information requested by the Agency
concerning responsibility, the Agency shall base the determination of responsibility upon any
available information,or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity,the Agency will document
the record and the reasons for the unsatisfactory finding.
The Agency will mail the Notice of Intent to Award to the Bidders,and may provide Notice of Intent to Award
on the Agency's web site.
The Award will not be final until the later of the following:
• Seven working days after the Notice of Intent to Award has been posted as specified in the
advertised solicitation or Addendum thereto;or
• The Agency has provided a written response to each timely protest, denying the protest and
affirming the Award.
If the Agency accepts a Bid and awards a Contract, the Agency will send the successful Bidder written
notice of acceptance and Award.
Notice of Award and Contract booklets ready for execution will be sent within 60 Calendar Days of the
opening of Bids or within the number of Calendar Days specked in the Special Provisions or a written
mutual agreement between successful Bidder and Agency.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work
is delayed by failure of the Agency to send the Contract for execution. However, if more Calendar Days
elapse between the date the Bid is opened and the date the Agency sends the Contract to be executed, as
specified in 00130.10,the Agency will consider granting an adjustment of time for completion of the Work to
offset any actual delay to Contract completion resulting directly from delay in commencement.
00130.15 Right to Protest Award -Adversely affected or aggrieved Bidders, limited to the three apparent
lowest Bidders and any other Bidder directly in line for Contract Award, may submit to the Agency a written
protest of the Agency's intent to Award within seven Calendar days following the date of the Notice of Intent
to Award. The protest shall specify the grounds upon which it is based.
An aggrieved Bidder may protest an award only if the Bidder alleges, in its written protest,that it should have
received the award because:
• All lower Bids are non-responsive;
• The Agency failed to conduct the Bid process as described in the Bid Document;
• The Agency has abused its discretion in rejecting the protestor's Bid as non-responsive or non-
responsible;or
• The Agency's evaluation of Bids or subsequent determination of award is otherwise in violation of
ORS Chapters 279A and 279C or the Agency's public contracting rules.
The written protest must describe the facts that support the protest. The Agency may not consider late
protests or protests that do not describe facts that would support a finding that the Bidder is aggrieved for
one of the reasons in clauses(a)through(d)above.
00130.20 Cancellation of Award-Without liability to the Agency, the Agency may for good cause cancel
Award at any time before the Contract is executed by all parties to the Contract, as provided by ORS
279C.395 for rejection of Bids, upon finding it is in the public interest to do so.
00130.30 Contract Booklet-The Contract booklet may include but is not limited to:
25
00130
• Public Improvement
• Contract
• Performance Bond
• Payment Bond
• Prevailing Wage Rates
• Special Provisions
00130.40 Contract Submittals-Before the Agency will execute the Contract, the successful Bidder shall
furnish the following:
(a) Performance and Payment Bonds-When Awarded the Contract, the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State of
Oregon.
The successful Bidder shall submit the standard bond forms, which are bound in the Contract Booklet or
alternative bond forms acceptable to the Agency. Faxed or photocopied bond forms will not be accepted.
The amount of each bond shall be equal to the Contract Amount. The Performance Bond and the
Payment Bond must be signed by the Surety's authorized Attomey-in-Fact,and the Surety's seal must be
affixed to each bond. A power of attorney for the Attomey-in-Fact shall be attached to the bonds in the
Contract booklet, which must include bond numbers, and the Surety's original seal must be affixed to the
power of attorney. Bonds shall not be canceled without the Agency's consent, nor will the Agency
normally release them, prior to Contract completion. The amount of the Performance and Payment
Bonds shall be increased to equal the new Contract Amount whenever the Contract Amount is increased
for any reason.
(b) Certificates of Insurance-The successful Bidder shall furnish the Agency certificates of insurance
applicable to the Project,according to the Public Improvement Contract.
For specified Contracts, certified copies, and in some instances the original, of insurance policies may be
required by the Special Provisions.
(c) Registration Requirements:
(1) ORS 701.021,ORS 701.026, and ORS 671.530 require that Bidders be registered with the Oregon
Construction Contractors Board or licensed by the State Landscape Contractors Board prior to
submission of a Bid on a Project not involving federal funds. Registration with the Construction
Contractors Board or licensing by the State Landscape Contractors Board is not a prerequisite to
bidding on Federal-Aid Projects;however,the Agency will not execute a Contract until the Contractor is
so registered or licensed.
(2) Bidders must be registered with the Corporation Division, Oregon Secretary of State, if bidding as
a corporation, limited liability company,joint venture,or limited liability partnership,or if operating under
an assumed business name and the legal name of each person carrying on the business is not
included in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the landscape
contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520.
(4) A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor, or subcontracts
with another licensed landscaping business,licensed for that phase.
(d) Tax Identification Number-The successful Bidder shall furnish the Agency the Bidder's Federal Tax
Identification Number.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder-The successful Bidder shall deliver the required number of Contract booklets with the
properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation
coverage,and the required certificates of insurance,to the Agency within 10 Calendar Days after the date
on which the Contract booklets are sent or otherwise conveyed to the Bidder under 00130.10. The
Bidder shall return the originals of all documents received from the Agency and named in this Subsection,
26
00130
with original signatures. Certificates of insurance shall also be originals. No copies of these documents
will be accepted by the Agency.
Proper execution requires that:
• If the Contractor is a partnership, limited liability partnership, joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond,and Payment Bond,and an authorization to sign shall be attached.
• If the Contractor is a corporation, the President and the Secretary of that corporation shall sign the
Contract, Performance Bond, and Payment Bond. However, if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those
documents a certified, true and correct copy of the corporate bylaws or minutes stating that
authority. If only one officer is signing, then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the title(s) or
corporate office(s)held by the signer(s).
(b) By the Agency-Within 10 Working Days after the Agency has received and verified the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the Agency's
attorney(if required), the Agency will execute the Contract. The Agency will then send a fully-executed
original Contract booklet to the successful Bidder,who then officially becomes the Contractor.
00130.60 Failure to Execute Contract and Bonds-Failure of the successful Bidder to execute the
Contract and provide the required certificates,certifications, and bonds may be cause for cancellation of the
Award,and may be cause for forfeiture of the Bid guaranty under ORS 279C.385.
Award may then be made to the next lowest responsible Bidder, the Project may be re-advertised, or the
Work may be performed otherwise as the Agency decides.
The forfeited Bid guaranty will become the Agency's property, not as a penalty but as liquidation of damages
resulting from the Bidder's failure to execute the Contract and provide the certificates, certifications, and
bonds as required by these Specifications.
00130.70 Release of Bid Guaranties-Bid guaranties will be released and checks returned 7 Calendar
Days after Bids are opened, except for those of the three apparent lowest Bidders on each Project. The
guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful
Bidders within 7 days of the Agency's execution of the Contract.
00130.80 Project Site Restriction-Until the Agency sends the Contractor written Notice to Proceed with
the Work,and the Contractor has filed the public works bonds required in 00170.20,the Contractor shall not
move Materials, Equipment,or workers onto that Project Site.
00130.85 Tigard Business License—Contractor shall obtain a Tigard Business License or Metro License
for builders and landscape contractors prior to delivering services under this Contract.
00130.90 Notice to Proceed-Notice to Proceed will be issued within 5 Calendar Days after the Contract is
executed by the Agency.
Should the Agency fail to issue the Notice to Proceed within 5 Calendar Days of Contract execution, the
Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
27
00140
Section 00140-Scope of Work
00140.00 Purpose of Contract-The purpose of the Contract is to set forth the rights and obligations of the
parties and the terms and conditions governing completion of the Work. The Contractor's obligations shall
include without limitation the following:
• The Contractor shall furnish all Materials, Equipment, labor,transportation,and Incidentals required
to complete the Work according to Plans, Specifications,and terms of the Contract.
• The Contractor shall perform the Work according to the lines,grades,Typical Sections, dimensions,
and other details shown on the Plans,as modified by written order.
• The Contractor shall contact the Engineer for any necessary clarification or interpretation of the
Contract.
00140.10 Typical Sections - The Typical Sections are intended to apply in general. At other locations
where the Typical Section is not appropriate, the Contractor shall perform construction to the identified
alignment as directed by the Engineer.
00140.20 Thickness-The thickness of Courses of Materials shown on the Plans, given in the
Specifications, or established by the Engineer is considered to be the compacted thickness. Minor
variations are acceptable when within tolerances specified in the Specifications or Plans, or when approved
by the Engineer.
00140.30 Agency-Required Changes in the Work-Changes to the Plans, quantities, or details of
construction are inherent in the nature of construction and may be necessary or desirable during the course
of Project construction.
Without impairing the Contract, the Agency reserves the right to require changes it deems necessary or
desirable within the scope,which in the Specifications means general scope,of the Project. These changes
may modify,without limitation:
• Specifications and design
• Grade and alignment
• Cross Sections and thicknesses of Courses of Materials
• Method or manner of performance of Work
• Project Limits
or may result in:
• Increases and decreases in quantities
• Additional Work
• Elimination of any Contract item of Work
• Acceleration or delay in performance of Work
Upon receipt of a Change Order,the Contractor shall perform the Work as modified by the Change Order. If
the Change Order increases the Contract Amount, the Contractor shall notify its Surety of the increase and
direct the Surety to increase the amount of the performance and payment bonds to equal the new Contract
Amount. If requested, the Contractor shall provide the Agency with a copy of the modified bond documents
within 15 calendar days of receipt of the Change Order. The Contractor's performance of Work according to
Change Orders shall neither invalidate the Contract nor release the Surety. Payment for changes in the
Work will be made according to 00195.20. Contract Time adjustments, if any, will be made according to
00180.80. A Change Order signed by the Contractor is the agreement that the adjustment in the Contract
Amount or Contract Time indicated is full compensation for all change order items including the impact of the
change order on the balance of the Work to be accomplished.
00140.40 Differing Site Conditions-The following constitute differing Project Site conditions provided
such conditions are discovered at the Project Site after commencement of the Work:
• Type 1 -Subsurface or latent physical conditions that could not have been discovered by careful
examination of the Project site, utility locations and available records as described in 00120.15 and
that differ materially from those indicated in the Contract Documents;or
28
00140
• Type 2-Unknown physical conditions of unusual nature that differ materially from those ordinarily
encountered and generally recognized as inherent in the Work provided for in the Contract.
The party discovering such a condition shall promptly notify the other party,in writing,of the specific differing
conditions before they are disturbed and before the affected Work is performed. The Contractor shall not
continue Work in the affected area until the Engineer has inspected such condition according to 00195.30 to
determine whether an adjustment to Contract Amount or Contract Time is required.
Payment adjustments due to differing Project Site conditions, if any, will be made according to 00195.30.
Contract Time adjustments, if any,will be made according to 00180.80.
00140.50 Environmental Pollution Changes-ORS 279C.525 will apply to any increases in the scope of
the Work required as a result of environmental or natural resources laws enacted or amended after the
submission of Bids for the Contract. The Contractor shall comply with the applicable notice and other
requirements of ORS 279C.525. The applicable rights and remedies of that statute will also apply.
In addition to ORS 279C.525, the Agency has compiled a list at 00170.01 of those federal, State, and local
agencies, of which the Agency has knowledge, that have enacted ordinances, rules, or regulations dealing
with the prevention of environmental pollution and the preservation of natural resources that may affect the
performance of Agency contracts.
00140.60 Extra Work-If directed by the Engineer's written order, the Contractor shall perform work not
included in the Contract. The Contractor shall perform this work according to:
• Standard Specifications
• Standard Drawings
• Other Plans and Specifications issued by the Engineer
Payment for Extra Work will be made according to Section 00196. Contract Time adjustments,if any,will be
made according to 00180.80.
00140.65 Disputed Work-The Contractor may dispute any part of a Change Order, written order, or an
oral order from the Engineer by the procedures specified in Section 00199.
00140.70 Cost Reduction Proposals-The Contractor may submit written proposals to the Engineer that
modify Plans, Specifications, or other Contract Documents for the sole purpose of reducing the total cost of
construction. Unless otherwise agreed to in writing by the Agency, a proposal that is solely or primarily a
proposal to reduce estimated quantities or delete Work, as determined by the Engineer, is not eligible for
consideration as a cost reduction proposal and will instead be addressed under 00140.30, whether
proposed or suggested by the Agency or the Contractor.
(a) Proposal Requirements-The Agency will not adopt a cost reduction proposal that impairs essential
functions or characteristics of the Project including but not limited to service life, economy of operation,
ease of maintenance,designed appearance,or design and safety standards.
To conserve time and funds, the Contractor may first submit a written request for a feasibility review by
the Engineer. The request should contain a description of the proposal together with a rough estimate of
anticipated dollar and time savings. The Engineer will, within a reasonable time, advise the Contractor in
writing whether or not the proposal would be considered by the Agency, should the Contractor elect to
submit a detailed cost reduction proposal.
A detailed cost reduction proposal shall include without limitation the following information:
• A description of existing Contract requirements for performing the Work and the proposed change;
• The Contract items of Work affected by the proposed change, including any quantity variation
caused by the proposed change;
• Pay Items affected by the proposed change including any quantity variations;
• A detailed cost estimate for performing the Work under the existing Contract and under the
proposed change. Cost estimates shall be made according to Section 00197. Costs of re-design,
which are incurred after the Agency has accepted the proposal, will be included in the cost of
proposed work;and
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• A date by which the Engineer must accept the proposal in order to accept the proposed change
without impacting the Contract Time or cost reduction amount.
(b) Continuing to Perform Work-The Contractor shall continue to perform the Work according to
Contract requirements until the Engineer issues a Change Order incorporating the cost reduction
proposal. If the Engineer fails to issue a Change Order by the date specified in the proposal,the proposal
shall be deemed rejected.
(c) Consideration of Proposal-The Engineer is not obligated to consider any cost reduction proposal.
The Agency will not be liable to the Contractor for failure to accept or act upon any cost reduction
proposal submitted.
The Engineer will determine in its sole discretion whether to accept a cost reduction proposal as well as
the estimated net savings in construction costs from the adoption of all or any part of the proposal. In
determining the estimated net savings,the Engineer may disregard the Schedule of Items. The Engineer
will establish prices that represent a fair measure of the value of Work to be performed or to be deleted as
a result of the cost reduction proposal.
(d) Sharing Investigation Costs-As a condition for considering a Contractor's cost reduction proposal,
the Agency reserves the right to require the Contractor to share in the Agency's costs of investigating the
proposal. If the Agency exercises this right, the Contractor shall provide written acceptance of the
condition to the Engineer. Such acceptance will authorize the Agency to deduct its share of investigation
costs from payments due or that may become due to the Contractor under the Contract.
(e) Acceptance of Proposal Requirements-If the Contractor's cost reduction proposal is accepted in
whole or in part, acceptance will be made by a Change Order that will include without limitation the
following:
• Statement that the Change Order is made according to 00140.70;
• Revised Contract Documents that reflect all modifications necessary to implement the approved cost
reduction measures;
• Any conditions upon which the Agency's approval is subject;
• Estimated net savings in construction costs attributable to the approved cost reduction measures;
and
• A payment provision according to which the Contractor will be paid 50%of the estimated net savings
amount as full and adequate consideration for performance of the Work of the Change Order.
The Contractor's cost of preparing the cost reduction proposal and the Agency's costs of investigating the
proposal, including any portion paid by the Contractor, will be excluded from determination of the
estimated net savings in construction costs. Costs of re-design,which are incurred after the Agency has
accepted the proposal,will be included in the cost of the Work attributable to cost reduction measures.
If the Agency accepts the cost reduction proposal, the Change Order that authorizes the cost reduction
measures will also address any Contract Time adjustment.
(f) Right to General Use-Once submitted, the cost reduction proposal becomes the property of the
Agency. The Agency reserves the right to adopt the cost reduction proposal for general use without
additional compensation to the Contractor when it determines that a proposal is suitable for application to
other contracts.
00140.80 Use of Publicly Owned Equipment-The Contractor is prohibited from using publicly-owned
Equipment except in the case of emergency. In an emergency, the Contractor may rent publicly-owned
Equipment provided that:
• The Engineer provides written approval that states that such rental is in the public interest;and
• Rental does not increase the Project cost.
00140.90 Final Trimming and Cleanup-Before Final Inspection as described in 00150.90, the Contractor
shall neatly trim and finish the Project and remove all remaining unincorporated Materials and debris. Final
trimming and cleanup shall include without limitation the following:
• The Contractor shall retrim and reshape earthwork, and shall repair deteriorated portions of the
Project Site.
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• Where the Work has impacted existing facilities or devices, the Contractor shall restore or replace
those facilities to their pre-existing condition.
• The Contractor shall clean all drainage facilities and sanitary sewers of excess Materials or debris
resulting from the Work.
• The Contractor shall clean up and leave in a neat, orderly condition, Rights-of-Way, Materials sites,
and other property occupied in connection with performance of the Work.
• The Contractor shall remove temporary buildings, construction plants, forms, falsework and
scaffolding,surplus and discarded Materials,and rubbish.
• The Contractor shall dispose of Materials and debris including without limitation forms, falsework,
scaffolding, and rubbish resulting from clearing, grubbing, trimming, clean-up, removal, and other
Work. These Materials and debris become the property of the Contractor. The Contractor shall
dispose of these Materials and debris immediately.
• The Contractor shall restore and replant or resurface adjoining properties to match existing grades
and existing surfaces.
• The Contractor shall install erosion and sediment control needed to stabilize the Project site.
Unless the Contract specifically provides for payment for this item, the Agency will make no separate or
additional payment for final trimming and cleanup.
00140.95"AS-BUILT" Records — The Contractor shall maintain a current and accurate record of Work
completed during the course of this Contract and make available to the Engineer updated copies of the
project"As-Builts"for Engineer's review at any time. These"As-Builts"drawings shall be kept by accurately
marking a designated set of the Contract plans with the specified information as Work proceeds. Accurate,
complete and current"As-Built"drawings are a specified requirement for monthly progress payments of the
Work completed. "As-Builts" shall be reviewed for completeness before recommendation of payment is
granted. Incomplete or insufficient "As-Builts" will be returned to the Contractor and recommendation for
progress payment denied. At project completion and as a condition of final payment, the Contractor shall
deliver an acceptable complete and legible set of"As-Built"drawings to the Engineer.
The "As-Built" drawings shall show the information listed below. Where the term "locate" or "location" is
used, it shall mean record of position with respect to both the construction vertical datum and either
construction horizontal datum or a nearby permanent improvement.
• As-built location of underground and surface services and utilities as installed
• As-built location of existing underground and surface utilities and services that are to remain and
that are encountered during the course of the Work
• As-built changes in dimension,location,grade or detail to that shown on plans
• As-built changes made by change order
• As-built details not in original plans
• As-built fully completed shop drawings reflecting all revisions
Upon completion of the construction,the Contractor shall review and certify the construction set of"As-Built"
drawings for completeness and accuracy of representation of any changes. Final payment will not be
processed until"As-Built"drawings have been submitted and approved.
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Section 00150-Control of Work
00150.00 Authority of the Engineer-The Engineer has full authority over the Work and its suspension.
(see Section 00180) The Contractor shall perform all Work to the complete satisfaction of the Engineer.
The Engineer's determination shall be final on all matters,including but not limited to the following:
• Quality and acceptability of Materials and workmanship
• Measurement of unit price Work
• Timely and proper prosecution of the Work
• Interpretation of Contract Documents
• Payments due under the Contract
The Engineer's decision is final and, except as provided in 00180.80 for adjustments of Contract Time and
Section 00199 for claims for additional compensation, may be challenged only through litigation.
Work performed under the Contract will not be considered complete until it has passed Final Inspection by
the Engineer and has been accepted by the Agency.
Interim approvals issued by the Engineer, including but not limited to Final Acceptance, will not discharge
the Contractor from responsibility for errors in prosecution of the Work, for improper fabrication,for failure to
comply with Contract requirements, or for other deficiencies, the nature of which are within the Contractor's
control.
00150.01 Project Manager's Authority and Duties-The Engineer may designate a Project Manager as
its representative on the Project with authority to enforce the provisions of the Contract.
When the Engineer has designated a Project Manager, the Contractor should direct all requests for
clarification or interpretation of the Contract, in writing, to the Project Manager. The Project Manager will
respond within a reasonable time. Contract clarification or interpretation obtained from persons other than
the Project Manager will not be binding on the Agency.
The Project Manager shall have the authority to appoint Inspectors and other personnel as required to assist
in the administration of the Contract.
00150.02 Inspector's Authority and Duties-To the extent delegated under 00150.01, Inspectors are
authorized to represent the Engineer and Project Manager to perform the following:
• Inspect Work performed and Materials furnished, including without limitation, the preparation,
fabrication,or manufacture of Materials to be used;
• Orally reject defective Materials and to confirm such rejection in writing;
• By oral order, temporarily suspend the Work for improper prosecution pending the Engineer's
decision; and
• Exercise additional delegated authority.
Inspectors are not authorized to:
• Accept Work or Materials.
• Alter or waive provisions of the Contract.
• Give instructions or advice inconsistent with the Contract Documents.
00150.10 Coordination of Contract Documents-The Contract Documents, including but not limited to
Contract Change Orders,the Special Provisions,the Plans, and the Standard Specifications are intended to
collectively describe all of the items of Work necessary to complete the Project. The Contract Documents
are complementary;what is required by one is as binding as if required by all.
(a) Order of Precedence-The Engineer will resolve any discrepancies between these documents in
the following order of precedence:
1. Permits from outside agencies;
2. Contract(Agreement)
3. Addenda;
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4. Bid Schedule;
5. Special Provisions;
6. General Conditions;
7. Standard Specifications;
8. Geotechnical Data Reports;
9. Supplementary Drawings;
10.Standard Drawings;
11.Reviewed and accepted, stamped Working Drawings;
12.Approved Unstamped Working Drawings.
Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretation and
clarifications, in precedence listed, will take precedence over all other Contract Document components
referenced herein.
Notes on a drawing shall take precedence over drawing details. Dimensions shown on the drawings, or that
can be computed, shall take precedence over scaled dimensions. The Drawings with the higher level of
detail take precedence over less detailed Drawings.
(b) Immaterial Discrepancies-The Contract Documents specify details for the construction and
completion of the Work. If Contract Documents describe portions of the Work in sufficient detail but are
silent in some minor respect,the Contractor may proceed utilizing the current best industry practices.
(c) Material Discrepancies-If the Contractor identifies a discrepancy, error,or omission in the Contract
Documents that cannot be resolved by the approach specified in (b) above, the Contractor shall
immediately request clarification from the Engineer.
00150.15 Construction Stakes,Lines,and Grades:
(a) Agency Responsibilities-The Engineer will provide the location of the existing benchmarks and
horizontal control locations used to design the project and prepare the Plans.
(b) Contractor Responsibilities-The Contractor shall:
• Accurately measure detailed dimensions, elevations, and slopes from the Engineer's benchmarks
and horizontal control locations;
• Provide all labor, materials and equipment to properly stake out the project so that it can be
constructed in accordance with the Contract Documents. Any changes made shall be recorded and
the changed vertical and horizontal locations incorporated into the"as-built"drawings.
• Inform the Engineer of any property corners monuments and/or survey markers that are not shown
on the Plans and are found during construction activities prior to disturbing the monuments. Allow
the Agency 2 Work days for referencing all found markers before they are removed. Monuments that
are noted on the Plans to be protected and are disturbed by the Contractor's activities shall be
replaced by the Contractor's surveyor at the Contractor's expense in accordance with ORS Chapter
209.
00150.20 Inspection:
(a) Inspection by the Engineer-The Engineer may test Materials furnished and inspect Work
performed by the Contractor to ensure Contract compliance. The Contractor shall notify the Engineer 48
hours(two full Work Days)in advance for inspection of each portion of the Work.
Contractor shall not begin placing successive Courses or portions of Work until preceding Courses or
portions of the Work have been inspected and approved by the Engineer.
If the Contractor performs Work without the Engineer's inspection or uses Materials that the Engineer has
not approved, the Engineer may order affected portions of the Work removed at the Contractor's
expense.
At the Engineer's direction,any time before the Work is accepted,the Contractor shall uncover portions of
the completed Work for inspection. After inspection, the Contractor shall restore these portions of Work
to the standard required by the Contract. If the Engineer rejects Work due to Materials or workmanship,
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00150
or if the Contractor performed such Work without providing sufficient advance request for inspection to
the Engineer, the Contractor shall bear all costs of uncovering and restoring the Work. If the Engineer
accepts the uncovered Work, and the Contractor performed the Work only after providing the Engineer
with sufficient advance notice, the costs of uncovering and restoring the Work will be paid for by the
Agency according to 00195.20.
(b) Inspection Facilities-The Contractor shall furnish walkways, railings, ladders, shoring, tunnels,
platforms, and other facilities necessary to permit the Engineer to have safe access to the Work to be
inspected. The Contractor shall require producers and fabricators to provide safe inspection access as
requested by the Engineer.
(c) Sampling-When directed by the Agency, the Contractor shall furnish the Engineer with samples of
Materials that the Engineer will test. All of the Contractor's costs related to this required sampling are
Incidental.
(d) Inspection by Third Parties-Where third parties have the right to inspect the Work, the Contractor
shall coordinate with the Engineer and shall provide safe inspection access.
(e) Contractor's Duty to Make Corrections-The Contractor shall perform all Work according to the
Contract Documents. The Contractor shall correct Work that does not comply with the Contract
Documents at its own expense. Inspection of the Work by the Engineer does not relieve the Contractor of
responsibility for improper prosecution of the Work.
00150.25 Acceptability of Materials and Work-The Contractor shall furnish Materials and shall perform
Work in Close Conformance to the Contract Documents. If the Engineer determines that the Materials
furnished or the Work performed are not in Close Conformance with the Contract Documents,the Engineer
may:
• Reject the Materials or Work and order the Contractor, at the Contractor's expense, to remove,
replace,or otherwise correct any non-conformity;or
• Accept the Materials or Work as suitable for the intended purpose, adjust the amount paid for
applicable Pay Items to account for diminished cost to the Contractor or diminished value to the
Agency, document the adjustment,and provide written documentation to the Contractor regarding the
basis of the adjustment.
The Engineer's decisions concerning acceptability of Materials or Work will be final.
00150.30 Delivery of Notices-Written notices to the Contractor by the Engineer or the Agency will be
delivered:
• In person;
• by electronically confirmed facsimile transmission;
• By U.S. Postal Service first class mail or priority mail (which at the sender's option may include
certified or registered mail return receipt requested), to the current office address as shown in the
records of the Agency;or
• By overnight delivery service of a private industry courier, to the current office address as shown in
the records of the Agency.
Notices shall be considered as having been received by the Contractor:
• At the time of actual receipt when delivered in person or by facsimile transmission;
• At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery
by first class or priority mail,whichever is earlier;or
• At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address
shown in the Public Improvement Contract, unless a different address is agreed to by the Engineer, and
shall be delivered:
• In person;
• by electronically confirmed facsimile transmission;
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00150
• By U.S. Postal Service first class mail or priority mail (which at the sender's option may include
certified or registered mail return receipt requested);or
• By overnight delivery service of a private industry courier.
Notices will be considered as having been received by the Agency:
• At the time of actual receipt when delivered in person or by facsimile transmission;
• At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery
by first class or priority mail,whichever is earlier;or
• At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
00150.35 Submittals:
(a) Description - Submittals covered by these requirements include manufacturers' information, shop
drawings, test procedures, test results, samples, and miscellaneous Work-related submittals.
Submittals shall also include, but not be limited to, all mechanical, electrical and electronic
equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit
details. The Contractor shall furnish all drawings, specifications, descriptive data, certificates,
samples, tests, methods, schedules, and manufacturer's installation and warranty information and
other instructions as specifically required in the Contract Documents to demonstrate fully that the
materials and equipment to be furnished and the methods of work comply with the provisions and
intent of the Contract Documents.
(b)Contractor's Responsibilities
(1) The Contractor shall be responsible for the accuracy and completeness of the information
contained in each submittal and shall assure that the material, equipment or method of work
shall be as described in the submittal. The Contractor shall verify that all features of all
products conform to the specified requirements. Submittal documents shall be clearly edited to
indicate only those items, models, or series of equipment, which are being submitted for
review. All extraneous materials shall be crossed out or otherwise obliterated. The Contractor
shall ensure that there is no conflict with other submittals and notify the Engineer in each case
where his submittal may affect the work of another contractor or the Agency. The Contractor
shall coordinate submittals among its subcontractors and suppliers including those submittals
complying with unit responsibility requirements specified in applicable technical sections.
(2) The Contractor shall coordinate submittals with the Work so that Work will not be delayed. It
shall coordinate and schedule different categories of submittals, so that one will not be delayed
for lack of coordination with another. No extension of time will be allowed because of failure to
properly schedule submittals. The Contractor shall not proceed with Work related to a
submittal until the submittal process is complete. This requires that submittals for review and
comment shall be returned to the Contractor with the indication "No Exceptions Taken" or
"Make Corrections Noted."
(3) The Contractor shall certify on each submittal document that it has reviewed the submittal,
verified field conditions,and complied with the contract documents.
(4) The Contractor may authorize in writing a material or equipment supplier to deal directly with
the Engineer or with the Agency with regard to a submittal. These dealings shall be limited to
contract interpretations to clarify and expedite the Work.
(c) Shop Drawings and Product Submittals
(1) Wherever called for in the Contract Documents or where required by the Engineer, the
Contractor shall f imish to the Engineer for review, five (5)copies plus one reproducible copy
or electronic file, of each Shop Drawing or Product submittal. Shop Drawings may include
detail design calculations, shop-prepared drawings, fabrication and installation drawings,
erection drawings, lists,graphs,catalog sheets, data sheets,and similar items. If a list,graph,
catalog sheet, data sheet, etc. includes more than one item, clearly mark which item is the
subject of the submittal. Shop Drawings shall bear the signature and seal of an engineer
registered in the appropriate branch and in the state of Oregon, unless otherwise indicated.
Whenever the Contractor is required to submit design calculations as part of a submittal, such
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00150
calculations shall bear the signature and seal of an engineer registered in the appropriate
branch and in the state of Oregon, unless otherwise indicated.
(2) Shop Drawing and Product submittals shall be accompanied by the Engineer's standard
submittal transmittal form, a reproducible copy of which is available from the Engineer. A
submittal without the form or where applicable items on the form are not completed will be
returned for resubmittal.
(3) Organization
• A single submittal transmittal form shall be used for each technical specification section or
item or class of material or equipment for which a submittal is required. A single submittal
covering multiple sections will not be acceptable, unless the primary specification
references other sections for components. Example: if a pump section references other
sections for the motor, shop-applied protective coating, anchor bolts, local control panel,
and variable frequency drive, a single submittal would be acceptable. A single submittal
covering vertical turbine pumps and horizontal split case pumps would not be acceptable.
• On the transmittal form, index the components of the submittal and insert tabs in the
submittal to match the components. Relate the submittal components to specification
paragraph and subparagraph, Drawing number, detail number, schedule title, room
number,or building name, as applicable.
• Unless indicated otherwise, terminology and equipment names and numbers used in
submittals shall match those used in the Contract Documents.
(4) Format
• Minimum sheet size shall be 8.5 inches by 11 inches. Maximum sheet size shall be 22
inches by 34 inches. Every page in a submittal shall be numbered in sequence. Each
copy of a submittal shall be collated and stapled or bound, as appropriate. The Engineer
will not collate sheets or copies.
• Where product data from a manufacturer is submitted, clearly mark which model is
proposed, with complete pertinent data capacities, dimensions, clearances, diagrams,
controls, connections, anchorage, and supports. Sufficient level of detail shall be
presented for assessment of compliance with the Contract Documents.
• Each submittal shall be assigned a unique number. Submittals shall be numbered
sequentially, and the submittal numbers shall be clearly noted on the transmittal. Original
submittals shall be assigned a numeric submittal number (e.g., 25). If submittal "25"
requires a resubmittal,the first resubmittal will bear the designation"25.A"and the second
resubmittal will bear the designation"25.13"and so on.
• If there is a follow-up submittal related to a previously submitted class of material or type
of equipment (e.g., follow-up submittal to submittal "25"), it shall be assigned the number
"25.1". If submittal "25.1" requires a resubmittal, the first resubmittal will bear the
designation"25.1.A"and the second resubmittal will bear the designation "25.1.13"and so
on.
(5) Disorganized submittals that do not meet the requirements of the Contract Documents will be
returned without review.
(6) Except as may otherwise be indicated, the Engineer will return prints of each submittal to the
Contractor with comments noted thereon, within 21 Days following receipt by the Engineer. It
is considered reasonable that the Contractor will make a complete and acceptable submittal to
the Engineer by the first resubmittal on an item. The Owner reserves the right to withhold
monies due to the Contractor to cover additional costs of the Engineer's review beyond the first
resubmittal. The Engineer's maximum review period for each submittal or resubmittal will be
21 Days.
(7) If a submittal is returned to the Contractor marked"NO EXCEPTIONS TAKEN,"formal revision
and resubmission will not be required.
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00150
(8) If a submittal is returned marked"MAKE CORRECTIONS NOTED,"Contractor shall make the
corrections on the submittal, but formal revision and resubmission will not be required, except
where specifically required by Engineer as indicated on the submittal review form.
(9) If a submittal is returned marked"AMEND-RESUBMIT,"the Contractor shall revise it and shall
resubmit the required number of copies to the Engineer for review. Resubmittal of portions of
multi-page or multi-drawing submittals will not be allowed. For example, if a Shop Drawing
submittal consisting of 10 drawings contains one drawing noted as"AMEND-RESUBMIT,"the
submittal as a whole is deemed "AMEND - RESUBMIT," and 10 drawings are required to be
resubmitted.
(10)If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean either that the
proposed material or product does not satisfy the specification, the submittal is so incomplete
that it cannot be reviewed, or is a substitution request not submitted in accordance with the
General Conditions. In the first 2 cases,the Contractor shall prepare a new submittal and shall
submit the required number of copies to the Engineer for review. In the latter case, the
Contractor shall submit the substitution request according to the General Conditions.
(11)Resubmittal of rejected portions of a previous submittal will not be allowed. Every change from
a submittal to a resubmittal or from a resubmittal to a subsequent resubmittal shall be identified
and flagged on the resubmittal.
(12)Fabrication of an item may commence only after the Engineer has reviewed the pertinent
submittals and returned copies to the Contractor marked either"NO EXCEPTIONS TAKEN"or
"MAKE CORRECTIONS NOTED". Corrections indicated on submittals shall be considered as
changes necessary to meet the requirements of the Contract Documents and shall not be
taken as changes to the Contract requirements.
(13)Submittals shall be carefully reviewed by an authorized representative of the Contractor prior
to submission to the Engineer. Each submittal shall be dated and signed by the Contractor as
being correct and in strict conformance with the Contract Documents. In the case of Shop
Drawings, each sheet shall be so dated and signed. Any deviations from the Contract
Documents shall be noted by the Contractor on the transmittal form and such deviation shall
be subject to approval in writing by the Engineer and Agency. The Engineer will only review
submittals that have been so verified by the Contractor. Non-verified submittals will be
returned to the Contractor without action taken by the Engineer, and any delays caused
thereby shall be the total responsibility of the Contractor.
(14)Corrections or comments made on the Contractor's Shop Drawings during review do not
relieve the Contractor from compliance with Contract Drawings and Specifications. Review is
for conformance to the design concept and general compliance with the Contract Documents
only. The Contractor is responsible for confirming and correlating quantities and dimensions,
fabrication processes and techniques, coordinating Work with the trades, and satisfactory and
safe performance of the Work.
(d)Quality Control(QC)Submittals
(1) Quality control submittals are defined as those required by the Specifications to present
documentary evidence to the Engineer that the Contractor has satisfied certain requirements
of the Contract Documents.
(2) Unless otherwise indicated,QC submittals shall be submitted:
• Before delivery and unloading,for the following types of submittals:
o Manufacturers'installation instructions
o Manufacturers'and Installers'experience qualifications
o Ready mix concrete delivery tickets
o Design calculations
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00150
o Affidavits and manufacturers' certification of compliance with indicated product
requirements
o Laboratory analysis results
o Factory test reports
• For the following types of submittals, the manufacturer's field representative shall submit a
draft certification prior to leaving the Project site and a final certification within 7 days of the
event documented:
o Manufacturers'field representative certification of proper installation
• Within 30 Days of the event documented for the following types of submittals:
o Field measurement
o Field test reports
o Receipt of permit
o Receipt of regulatory approval
(3) The Engineer will record the date that a QC submittal was received and review it for
compliance with submittal requirements, but the review procedures above for Shop Drawings
and samples will not apply.
(e) Deferred Submittals to Agency
(1) For the purposes of this section, Deferred Submittals are defined as those portions of the
Project that are Contractor-designed and must be submitted to the Agency's building official for
approval and to meet Building Permit plan review requirements.
(2) The Engineer will schedule a pre-submittal conference with the Contractor and Agency's
building official to discuss proposed Deferred Submittal items, requirements, and review
schedule.
(3) The Contractor shall list the Deferred Submittals on the title or cover sheet of the Drawings for
submission to the Agency and shall state the design criteria/assumptions of the Deferred
Submittal items on the plans. Deferred Submittals shall include details for connection of
materials to the structure and calculations showing that the specified structural requirements
are met.
(4) The Contractor shall submit Deferred Submittals to the Engineer for review for general
conformance to the design of the structure. Neither the Agency nor the Engineer is responsible
for coordination of Deferred Submittal components with Contract Documents. Review does not
lessen nor shift burden or responsibility from Contractor or assigned subcontractor/supplier to
the Agency or Engineer.The Engineer, upon confirming the Deferred Submittals are in general
conformance with the design, shall forward the Deferred Submittals to the building official.
Contractor is responsible, with no exceptions, to ensure that building official's Deferred
Submittal review will not adversely affect Project's construction schedule. The Deferred
Submittal items shall not be installed by the Contractor until the design and Deferred
Submittals have been approved by the building official.
(f) Effect of Review of Contractor's Submittals
(1) Review of Contract drawings, methods of work, or information regarding materials or
equipment the Contractor proposes to provide, shall not relieve the Contractor of its
responsibility for errors therein and shall not be regarded as an assumption of risks or liability
by the Engineer or the Agency,or by any officer or employee thereof, and the Contractor shall
have no claim under the contract on account of the failure, or partial failure, of the method of
work, material, or equipment so reviewed. An indication of "NO EXCEPTIONS TAKEN" or
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"MAKE CORRECTIONS NOTED"shall mean that the Agency or Engineer has no objection to
the Contractor, upon its own responsibility, using the plan or method of Work proposed, or
providing the materials or equipment proposed.
00150.37 Equipment Lists and Other Submittals-The Contractor shall submit Equipment lists,and other
required submittals for approval by the Engineer. With each submittal, the Contractor shall clearly identify
the applicable specification sub-section and the product make,model,size and proposed options.
00150.40 Cooperation and Superintendence by the Contractor-The Contractor is responsible for full
management of all aspects of the Work,including superintendence of all Work by Subcontractors, Suppliers,
and other providers. The Contractor shall appoint a single Superintendent and may also appoint alternate
Superintendents as necessary to control the Work. The form of appointment of the alternate shall state, in
writing, the alternate's name, duration of appointment in the absence of the Superintendent, and scope of
authority. The Contractor shall:
• Provide for the cooperation and superintendence on the Project by:
• Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work,
added Work,or changed Work.
• Allowing the Engineer reasonable access to the Contractor's books and records at all times. To the
extent permitted by public records laws, the Engineer will make reasonable efforts to honor the
Contractor's request for protection of confidential information.
• Keeping one complete set of Contract Documents on the Project Site at all times,available for use by
all the Contractor's own organization,and by the Engineer if necessary.
• Appoint a single Superintendent and any alternate Superintendent who shall meet the following
qualifications:
• Appointees shall be competent to manage all aspects of the Work.
• Appointees shall be from the Contractor's own organization.
• Appointees shall have performed similar duties on at least one previous project of the size, scope
and complexity as the current Contract.
• Appointees shall be experienced in the types of Work being performed.
• Appointees shall be capable of reading and thoroughly understanding the Contract Documents.
• The appointed single Superintendent,or any alternate Superintendent shall:
• Be present for all On-Site Work, regardless of the amount to be performed by the Contractor,
Subcontractors, Suppliers, or other providers, unless the Engineer provides prior approval of the
Superintendent's or alternate Superintendent's absence.
• Be equipped with a two way radio or cell phone capable of communicating throughout the project
during all the hours of Work on the Project Site and be available for communication with the
Engineer.
• Have full authority and responsibility to promptly execute orders or directions of the Engineer.
• Have full authority and responsibility to promptly supply the Materials, Equipment, labor, and
Incidentals required for performance of the Work.
• Coordinate and control all Work performed under the Contract, including without limitation the Work
performed by Subcontractors,Suppliers,and Owner Operators.
• Diligently pursue progress of the Work according to the schedule requirements of Section 00180.
• Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the
Work.
• Provide all assistance reasonably required by the Engineer to obtain information regarding the
nature,quantity,and quality of any part of the Work.
• Provide access, facilities and assistance to the Engineer in establishing such lines, grades and
points as the Engineer requires.
• Carefully protect and preserve the Engineer's benchmarks and horizontal control locations.
Any Superintendent or alternate Superintendent who repeatedly fails to follow the Engineer's written or oral
orders,directions, instructions,or determinations,shall be subject to removal from the project.
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00150
If the Contractor fails or neglects to provide a Superintendent, or an alternate Superintendent, and no prior
approval has been granted,the Engineer has the authority to suspend the Work according to 00180.70. Any
continued Work by the Contractor, Subcontractors, Suppliers, or other providers may be subject to rejection
and removal. The Contractor's repeated failure or neglect to provide the superintendence required by these
provisions constitutes a material breach of the Contract, and the Engineer may impose any remedies
available under the Contract, including but not limited to Contract termination.
00150.50 Cooperation with Utilities
(a) General-As specified in the Special Provisions or as shown on the Plans, existing Utilities requiring
adjustment may be adjusted by the Utility before, during, or after Project construction. "Adjustment of
Utilities" shall mean the alteration, improvement, connection, disconnection, relocation, or removal of
existing Utility lines,facilities,or systems in temporary or permanent manner.
(b) Contractor's Responsibilities-The Contractor shall:
• Follow applicable rules adopted by the Oregon Utility Notification Center;
• Contact Utility owners after the Contract is awarded to verify all Utilities'involvement on the Project
Site;
• Coordinate Project construction with the Utilities' planned adjustments, take all precautions
necessary to prevent disruption of Utility service, and perform its Work in the manner that results in
the least inconvenience to the Utility owners;
• Include all Utility adjustment work,whether to be performed by the Contractor or the Utilities, on the
Contractor's Project Work schedule submitted under 00180.41;
• Protect from damage or disturbance any Utility that remains within the area in which Work is being
performed;
• Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect it from
damage or disturbance and promptly notify the Engineer;and
• Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility
adjustment.
Subject to the Engineer's approval,the Contractor may propose adjustments to the Utilities by asking the
Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the
Special Provisions. The Contractor shall conduct all negotiations, make all arrangements,and assume all
costs that arise from such changes.
(c) Notification—This Project is located within the Oregon Utility Notification Center area which is a
Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of
their facilities. The Utilities notification system telephone number is 811 (or use the old number which is
1-800-332-2344.
The Contractor shall comply with the rules of the Oregon Utility Notification Center, OAR 952-001-0010
through OAR 952-001-0090, and ORS 757.993. The Contractor may contact the Oregon Utility
Notification Center at 503-232-1987 about these rules.
00150.53 Utilities and Existing Improvements:
(a) General — Information shown on the Plans as to the location of existing water courses and utilities
has been compiled from available sources and may not be accurate. The Contractor shall determine
the location and nature of affected water courses, utilities and underground improvements prior to
commencing Work.
The Contractor shall provide for the flow of water courses and essential utilities that may be
interrupted during the progress of the Work and shall restore such water courses or utilities after
completion of the Work.
The Contractor shall be responsible for exploratory excavations as it deems necessary to determine
the exact locations and depths of utilities which may interfere with Work. All such exploratory
excavations shall be performed as soon as practicable after Notice to Proceed and, in any event, a
sufficient time in advance of construction to avoid possible delays to the Contractor's progress.When
such exploratory excavations show the utility location as shown on the Plans to be in error, the
Contractor shall so notify the Engineer.
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00150
The number of exploratory excavations required shall be that number which is sufficient to determine
the alignment and grade of the utility. Unless otherwise provided herein, all potholing and exploratory
work shall be incidental to the Work and no separate payment shall be made therefore.
The Contractor shall coordinate project construction with the adjustment of utilities,take all necessary
precautions to prevent disturbing the utilities, and perform work so that utility owners and users are
caused a minimum of inconvenience.
The Contractor shall protect underground utilities and other improvements which may be impaired
during construction operations, regardless of whether or the not the utilities are indicated on the
Plans. The Contractor shall take all possible precautions for the protection of unforeseen utility lines
to provide for uninterrupted service and to provide such special protection as may be necessary.
To ease or streamline the work, the Contractor may desire to adjust the utilities by asking the utility
owners to move, remove, or alter their equipment in ways other than those shown on the Plans or in
the Contract Documents.The Contractor shall conduct the negotiations, make the arrangements,and
pay all costs that arise from such changes.
(b) Utilities to be Removed or Relocated — Where the proper completion of the Work requires the
temporary or permanent removal and/or relocation of the property of any public utility or franchise
holder, such utility company or franchise holder shall be notified by the Contractor to remove or
relocate such property within a specified reasonable time.When utility lines that are to be removed or
relocated are encountered within the area of operations,the Contractor shall notify the utility company
and the Engineer a sufficient time in advance for the necessary measures to be taken to prevent the
interruption of service.
(c) Underground Utilities and Improvements Indicated — Existing utility lines and underground
improvements that are indicated or the locations of which are made known to the Contractor prior to
excavation and that are to be retained, and all utility lines and underground improvements that are
encountered during excavation operations shall be protected from damage during excavation and
backfilling and, if damaged, shall be immediately repaired or replaced by the Contractor, unless
otherwise repaired by the owner of damaged utility. If the owner of the damage facility performs its
own repairs,the Contractor shall reimburse said owner for the costs of repair.
(d) Underground Utilities and Improvements Not Indicated — In the event that the Contractor
damages existing utility lines or underground improvements that are not indicated in the Plans or
marked in the field,or are not indicated or marked with reasonable accuracy,or the locations of which
are not made known to the Contractor prior to excavation,the Contractor shall immediately provide a
verbal report of such damage to the Engineer, and provide a written report thereof promptly
thereafter. The Contractor shall immediately notify the owner of the damaged utility. If directed by the
Engineer, repairs shall be made by the Contractor under the provisions for changes and extra work
contained in the General Conditions.
This subsection applies only to main line utilities. For service lines,see Subsection 00150.53(e).
For purposes of this section, "reasonable accuracy" is defined as within two (2)feet from the outside
lateral dimensions of both sides of an underground utility or facility from actual location. No
representation shall be made concerning the accuracy of vertical elevations of existing utilities,even if
indicated in the plans, and no additional payment will be made for damage to utilities encountered at
depths differing from those indicated.
(e) Underground Services Indicated or Not—If service lines are encountered,whether shown, marked
or not,the Contractor shall take precautions to carefully work around them and repair them if they are
damaged by the Contractor,at no additional cost to the Agency.
(f) Approval of Repairs — All repairs to a damaged utility or improvement shall be accepted and
approved by an authorized representative of the utility or improvement owner and accepted by the
Agency before being concealed by backfill or other Work.
(g) Agency's Right of Access —The right reserved to the Agency and to the owners of public utilities
and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the
purpose of making changes in their property made necessary by the Work of this Contract.
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00150
00150.55 Cooperation with Other Contractors -The Agency reserves the right to perform other work on
or near the Project Site, including without limitation any Materials site, with forces other than those of the
Contractor.
If such work takes place on or near the Project Site,the Contractor shall have the following obligations:
• The Contractor shall coordinate Work with other contractors or forces.
• The Contractor shall cooperate in good faith with all other contractors or forces.
• The Contractor shall perform the Work specified in the Contract in a way that will minimize
interference and delay for all forces involved.
• The Contractor shall place and dispose of the Materials being used so as not to interfere with the
operations of other forces.
• The Contractor shall join the Work with that of other forces in a manner acceptable to the Engineer or
the Agency, and shall perform it in the accepted sequence with the work of the other force.
The Engineer will resolve any disagreements under this Subsection that may arise among the Contractor
and other work forces, or between the Contractor and the Agency. The Engineer's decision in these matters
is final,as provided in 00150.00.
When the schedules for Work of the Contractor and the work of other forces overlap, each contractor
involved shall submit a current, realistic progress schedule to the Engineer. Before the Engineer accepts
the schedule, each party shall have the opportunity to review all schedules. After this review and any
necessary consultations,the Engineer will determine acceptable schedules.
The Contractor waives any right it may have to make claims against the Agency for any damages or claims
that may arise because of inconvenience, delay, or loss due solely to the presence of other contractors
working on or near the Project Site.
If the Contract gives notice of work to be performed by other forces that may affect the Contractor's Work
under the Contract, the Contractor shall include any costs associated with coordination of the Work in the
appropriate Pay Item or as a portion of a Pay Item.
In an emergency, the contractor most immediately able to respond may repair a facility or Utility of another
contractor in order to prevent further damage to the facility, Utility, or other Structure as a result of the
emergency.
00150.60 Construction Equipment Restrictions:
(a) Load and Speed Restrictions for Construction Vehicles and Equipment-The Contractor shall
comply with legal weight and speed restrictions when moving Materials or Equipment beyond the limits of
the Project Site.
The Contractor shall control vehicle and Equipment loads and speeds within the Project Site according to
the following restrictions, unless the Special Provisions provide otherwise:
• The Contractor shall restrict loads and speeds as necessary to avoid displacement or loss of
Materials on Subgrades and Aggregate Bases.
• The Contractor shall restrict weights to legal loads, and shall travel at speeds of no more than 45
mph or the posted construction speed, whichever is less, on treated Bases, Pavement, or wearing
Courses.
• The Contractor shall not cross Bridges or other Structures with Equipment or vehicles exceeding
the legal load limit without prior written permission of the Engineer. The Contractor shall make any
such request in writing, describing the loading details and the arrangement, movement, and
position of the Equipment on the Structure. The Contractor shall comply with any restrictions or
conditions included in the Engineer's written permission.
(b) Protection of Buried Items-The Contractor shall use temporary fill or other methods to avoid
overload of pipes, box culverts,and other items that are covered,or to be covered,by fill or backfill.
(c) Responsibility for Damages-The Contractor shall assume responsibility for damages caused by
excessive Equipment speed or loads while performing the Work, both inside and outside the Project Site.
The Engineer's permission to cross Bridges and other Structures, according to 00150.60(a) will not
relieve the Contractor from responsibility for load-caused damages.
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00150
00150.70 Detrimental Operations-The Contractor shall avoid operations whose methods, conditions, or
timing may injure people or damage property or the Work. Damage may include without limitation, staining
surfaces with mud or asphalt,or damaging utilities,structures or foundations. (Also see 00150.60,00150.75,
and Section 00170)
When any such damage occurs,the Engineer will determine if it is to be corrected by repair, replacement,or
compensatory payment by the Contractor. If compensatory payment is required,the Engineer will determine
the amount. Compensatory payment may be deducted from monies due or to become due to the Contractor
under the Contract.
00150.75 Protection and Maintenance of Work During Construction-The Contractor shall protect and
maintain the Work during construction and until Third Notification has been issued, unless otherwise
provided in the Contract. For the purposes of this Subsection, "maintenance" shall include measures to
prevent deterioration of Roadway and Structures at the Project Site, and to keep them in good condition at
all times during the prosecution of the Work.The Contractor shall continuously allocate sufficient Equipment
and workers to achieve such maintenance.
If the Contract requires the placement of a Course upon a previously constructed Course or Subgrade, the
Contractor shall maintain the previous Course or Subgrade during all construction operations.
The Contractor shall include costs of protecting and maintaining the Work during construction in the unit
prices bid for the various Pay Items. The Contractor will not be paid an additional amount for this Work,
unless otherwise specified.
The Engineer will timely notify the Contractor of Contractor's noncompliance with this Subsection. If the
Contractor fails to remedy unsatisfactory protection or maintenance within 24 hours after receipt of such
notice, the Engineer may proceed to remedy the deficiency, and deduct the entire cost from monies due or
to become due the Contractor under the Contract.
00150.80 Removal of Unacceptable and Unauthorized Work-The Contractor shall correct or remove
unacceptable Work and remove unauthorized work, as directed by the Engineer in writing. The Contractor
shall replace such work with Work and Materials conforming to the requirements of the Contract.
For the purposes of this Subsection,"unauthorized work"shall include without limitation the following:
• Work that extends beyond lines shown on the Plans or otherwise established by the Engineer;
• Work that is contrary to the Engineer's instructions;and
• Work that is conducted without the Engineer's written authorization.
The Agency will not pay the Contractor for unacceptable Work, except as provided in 00150.25, or
unauthorized work.The Engineer may issue a written order for the correction or removal of such work at the
Contractor's expense.
If, when ordered by the Engineer, the Contractor fails to correct or remove unacceptable Work or
unauthorized work, the Engineer may have the correction, removal, or removal and replacement, done by
others and deduct the entire cost from monies due or to become due the Contractor under the Contract.
00150.90 Final Inspection:
(a) On-site Construction Work-The Engineer will inspect the Project at a time close to the completion
of On-Site Work for Contractor's compliance with the Contract Documents.
When all On-Site Work on the Project is completed, including but not limited to Change Order Work and
Extra Work,the Engineer will issue Second Notification as specified in 00180.50(g).
Within 15 Calendar Days after the Engineer receives the Contractor's written notification that all punch list
items, final trimming and cleanup according to 00140.90 have been completed,the Engineer will inspect
the Project and notify the Contractor that all Work is complete, or within 15 Calendar Days of inspection
will give the Contractor written instruction regarding incomplete or unsatisfactory Work.
(b) All Contract Work-The Engineer will issue the Third Notification when the Contractor has
satisfactorily accomplished all of the following:
• The Contractor has completed all On-Site Work required under the Contract, including the punch
list items from(a)above;
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00150
• The Contractor has removed all Equipment;and
• The Contractor has submitted all required certifications, bills, forms, warranties and other
documents.
• The Contractor has submitted complete and acceptable "As-Built" drawings as specified in
00140.95.
00150.91 Post-Construction Review-The Contractor or the Engineer may request a Post-Construction
Review meeting, to be held at a time prior to issuance of Third Notification but not earlier than 15 Days
following the date of Second Notification. The meeting may be held if agreed to by both parties. The party
making the request will conduct the meeting, and will announce the time and place of the meeting at least
15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible
process improvements that may benefit future projects.
00150.95 Final Acceptance-After the Engineer completes Final Inspection of all Work including all
corrective work identified by the Agency during the Correction Period,the Agency will acknowledge Final
Acceptance. The Agency will notify the Contractor in writing of the date of Final Acceptance within
7 Calendar Days after Final Acceptance,or as soon thereafter as is practicable.
00150.96 Maintenance Warranties and Guarantees-Prior to Second Notification, the Contractor shall
transfer to the Agency all unexpired manufacturers', suppliers' and installers'warranties and guarantees for
Materials and Equipment installed on the Project. Such warranties and guarantees shall recite that they are
enforceable by the Agency.
00150.97 Responsibility for Materials and Workmanship:
(a) The Contractor shall perform the Work according to the terms, conditions, and requirements of the
Contract.
(b)Until the Agency's Final Acceptance of the Work,the Contractor shall be responsible for:
• Correcting or repairing any defects in, or damage to, the Work which results from the use of
improper or defective materials or workmanship;or
• Replacing, in its entirety, the Work affected by the use of improper or defective materials or
workmanship to the extent provided by law;and
• Correcting or repairing any Work, Materials, Structures, Existing Surfacings, Pavement, Utilities, or
sites, including without limitation Wetlands, damaged or disturbed in that correction, repair, or
replacement.(see 00170.80 to 00170.85).
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00160
Section 00160-Source of Materials
00160.00 Definitions-The following definitions apply to Section 00160:
(a) Prospective Source-Agency-furnished Materials source, use of which by the Contractor is optional.
The Agency makes no guarantee or representation, by implication or otherwise, of the land use status,
quantity, quality, or acceptability of Materials available from it, except as may be stated in the Special
Provisions.
(b) Mandatory Source-Agency-furnished Materials source, use of which by the Contractor is required.
00160.01 Notification of Source of Supply and Materials:
(a) All Materials-The Contractor shall notify the Engineer in writing of all proposed Materials sources of
supply, including without limitation any steel or other fabricators within the following time frames:
• At least 15 Calendar Days before using or fabricating Materials,if source is within the State;or
• At least 45 Calendar Days before using or fabricating Materials,if source is outside the State
(b) Prospective Source Materials-When given an option to use Prospective Sources of Materials to be
incorporated into the Work,the Contractor shall notify the Engineer in writing of the option selected within
15 Calendar Days from date of Notice to Proceed. Otherwise, such Materials sources may become
unavailable.
(c) Approval Required-Before allowing production or delivery of Materials to begin from any source,
the Contractor must obtain the Engineer's approval. Approval to use any source does not imply that
Materials from that source will be accepted. If approved sources do not provide Materials that meet
Specifications, the Materials will be rejected. The Contractor will then be responsible for locating other
sources and obtaining the Engineer's approval.
(d) Terns Required-The Contractor shall comply with 00170.07.
00160.05 Qualified Products List (QPL)-The QPL is a listing of manufactured products available on the
market (shelf items)that ODOT has evaluated and found suitable for a specified use in construction. The
QPL is published twice a year and is available from ODOT's Construction Section; 800 Airport Road SE;
Salem,OR 97301-4798; phone 503-986-3000. It may also be viewed on ODOT's web site.
The current version of the QPL at the time of Bid Closing is the version in effect for the Project. The
Engineer may approve for use a conditionally qualified product, or a product qualified for inclusion in a later
edition of the QPL,if the Engineer finds the product acceptable for use on the Project.
Use of listed products shall be restricted to the category of use for which they are listed. The Contractor
shall install all products as recommended by the manufacturer. The Contractor shall replace qualified
products not conforming to Specifications or not properly handled or installed at the Contractor's expense.
00160.10 Ordering, Producing, and Furnishing Materials-The Contractor shall not place orders for or
produce full quantities of Materials anticipated to be required to complete the Work until the Work has
advanced to a stage that allows the quantities to be determined with reasonable accuracy.
(a) Contractors Duties-In purchasing, producing, or delivering Materials,the Contractor shall take into
account the following:
• Kind of work involved;
• Amount of work involved;
• Time required to obtain Materials;and
• Other relevant factors.
(b) Quantity of Materials-Materials quantities shown on the Plans, or indicated by quantities and Pay
Items, are subject to change or elimination. The Contractor is responsible for payment for excess
Materials delivered to the Project Site or storage sites. Unless otherwise specified in the Contract,the
Agency will not be responsible for:
• Materials the Contractor may deliver or produce in excess of Contract requirements;
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00160
• Extra expense the Contractor may incur because Materials were not ordered or produced earlier; or
• The Contractor's expenses related to Materials ordered by the Contractor that are not subsequently
approved for use.
00160.20 Preferences for Materials:
(a) Recycled Materials-According to ORS 279A.010, ORS 279A.125, ORS 279A.145, ORS 279A.150,
and ORS 279A.155, and subject to the approval of the Engineer, the Contractor shall use recycled
products to the maximum extent economically feasible.
00160.50 Agency-Controlled Land;Limitations and Requirements:
(a) General-The Contractor shall have no property rights in, or right of occupancy on, Agency-
Controlled Land. Nor shall the Contractor have the right to sell, use, remove,or otherwise dispose of any
material from Agency-Controlled Land,areas,or property,except as specified in the Special Provisions or
by the written authorization of the Engineer.
Unless authorized in the Contract, the Contractor shall not disturb any material within Rights-of-Way
without written authorization from the Engineer.
Unless otherwise specified in the Contract, the ownership of all materials originating on Agency-
Controlled Lands will at all times vest in,and remain within the control of,the Agency.
The Agency will not compensate the Contractor for handling and stockpiling By-Products according to the
Special Provisions requirements. If by written order the Engineer directs the Contractor to stockpile or place
designated By-Products at alternate sites, the By-Products designated shall be loaded, hauled, and placed
as directed,and this work will be paid for according to 00195.20.
00160.60 Contractor-Furnished Materials and Sources:
(a) General-The Contractor shall furnish,at its own expense, all products and Materials required for the
Project from sources of its own choosing, unless such sources have been specified in the Special
Provisions or Plans as Prospective or Mandatory Sources.
(b) Acquisition of Sources-The Contractor shall acquire, at its own expense, the rights of access to,
and the use of, all sources the Contractor chooses which are not Agency-controlled and made available
by the Agency to the Contractor.
(c) Additional Requirements-Except for continuously-operated commercial sources, Work shall not
begin, nor will any Materials be accepted by the Engineer, until the Contractor has:
(1) Given to the Engineer a copy of permits from,or proof that permits are not required from:
• The Department of Geology and Mineral Industries,as required under ORS 517.790;
• The Department of State Lands, as required under ORS 196.815 (when removing material from
the bed or banks of any waters or from any Wetland);and
• Local governmental authorities having jurisdiction over land use at the source location.
(2) Furnished to the Engineer written approval of the property owner, if other than the Contractor, for
the Contractor's proposed plans of operation in, and reclamation of, the source. The Contractor shall
include in the document containing the property owner's written approval a summary of the
requirements of the permits described above,which shall be subject to the Engineer's approval.
00160.70 Requirements for Plant Operations-Before operating mixing plants, Rock crushers, or other
Equipment,the Contractor shall provide the Engineer copies of all applicable discharge permits for noise,air
contaminants, and water pollutants from DEQ or applicable local jurisdictions, or a letter from DEQ or the
local jurisdiction stating that no permits are required for the use of the Equipment and sites.
00160.80 Requirements for Sources of Borrow and Aggregate-The Contractor shall conduct
operations according to all applicable federal, State, and local laws (including without limitation ORS 517
and OAR 632-030) when developing, using, and reclaiming all sources of Borrow material and Aggregate.
The Contractor shall provide erosion control at Borrow sources that are not within the Project Site. The
Contractor shall not operate in Wetlands except as allowed by permit. The Contractor shall comply with all
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00160
requirements for pollution and sediment control, including without limitation the National Pollutant Discharge
Elimination System where applicable.
Except for continuously-operated commercial sources,the Contractor shall also conform to the following:
(a) If a natural growth of trees or shrubs is present, preserve a border of such to conceal land scars.
(b) Excavate Borrow sources and Aggregate sources,except for those in streams and rivers,to provide:
• Reasonably uniform depths and widths;
• Natural drainage so no water stands or collects in excavated areas,when practicable;
• Slopes trimmed to blend with the adjacent terrain upon completion of operations;
• Slopes covered with native soil, or acceptable plant rejects to support plant growth, if required by
Specifications, Plans,or permits; and
• A vegetative cover that blends with the adjacent natural growth.
(c) Excavate in quarries so that:
• Faces will not be steeper than vertical(no overhang);
• Vertical faces conform to Oregon OSHA standards, Division 3, and as shown on an approved
development plan;
• Floors or benches are excavated to a uniform Slope free of depressions and will drain and not
interfere with the downland owner's property;and
• Upon completion,the quarry is left appearing neat and compatible with surrounding terrain.
(c) Obliterate haul roads specifically built for access to sources,and restore the areas disturbed by these
roads as nearly as practicable to the conditions that existed before the roads were built, unless
otherwise directed by the landowner or regulatory body.
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00165
Section 00165-Quality of Materials
00165.00 General-The Contractor shall incorporate into the Work only Materials conforming to the
Specifications and approved by the Engineer. The Contractor shall incorporate into the Work only
manufactured products made of new materials unless otherwise specified in the Contract. The Agency may
require additional testing or retesting to determine whether the Materials or manufactured products meet
Specifications.
Materials or manufactured products not meeting the Specifications at the time they are to be used are
unacceptable and must be removed immediately from the Project Site, unless otherwise directed by the
Engineer.
00165.01 Rejected Materials-The Engineer may reject any Materials that appear to be defective
(00150.25) or that contain asbestos. The Contractor shall not incorporate any rejected Materials into the
Work. Rejected Materials whose defects have been corrected may not be incorporated into the Work until
the Engineer has approved their use. The Engineer may order the removal and replacement by the
Contractor,at Contractor's expense,of any defective Materials. (refer also to 00150.20)
00165.03 Testing by Agency-When testing Materials, the Agency will conduct the tests in its central
laboratory, field laboratories, or other laboratories designated by the Engineer, even though certain
AASHTO, ASTM, and other Materials specifications may require testing at the place of manufacture.
Results of the Agency's tests will be made available to the Contractor.
00165.04 Costs of Testing-When the Contract requires that the Agency performs the testing, the testing
will be at the Agency's expense.
Unless otherwise provided in the Contract, all testing required to be performed by the Contractor will be at
the Contractor's expense.
00165.10 Materials Acceptance Guides-Unless otherwise specified elsewhere in the Contract, Materials
will be accepted according to the following guides:
(a) Field-Tested Materials-Field-tested Materials will be accepted according to the ODOT Manual of
Field Test Procedures (MFTP) unless otherwise specified in the Special Provisions. The MFTP is
published once per year and is available from the ODOT—Construction Section, 800 Airport Road SE;
Salem, OR 973014798; phone 503-986-3000. The MFTP is also available on the ODOT Construction
Section web site.
(b) Nonfield-Tested Materials-Nonfield-tested Materials will be accepted according to the ODOT
Nonfield Tested Materials Acceptance Guide (NTMAG), unless otherwise specified in the Special
Provisions. The NTMAG is available on the ODOT Construction Section web site.
00165.20 Materials Specifications and Test Method References-References to Materials specifications
and test methods of ODOT, WAQTC, AASHTO, ASTM, other governmental agencies, or other recognized
organizations mean those officially adopted and in current use by the agency or organization on the first
date of Advertisement for Bids.
If there are conflicting references, or if no reference is made to Materials specifications or test method,
Materials must meet the Materials specifications or test methods required by the first applicable of the
following agencies and organizations:
• Field-Tested Materials:
• Special Provisions;
• Standard Specification;and
• MFTP.
• Nonfield Tested Materials:
• ODOT;
• WAQTC;
• AASHTO;
• ASTM;
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00165
• Other recognized national organizations,such as ANSI,AWPA, IMSA,and UL;and
• Industry standards in the location where the Work is being performed.
If there are conflicting references in the Contract to required sampling and testing frequencies, the
Contractor shall sample and test the Materials according to the first applicable of the following:
• Special Provisions;
• Standard Specification;and
• MFTP.
00165.30 Field-Tested Materials
(a) Acceptance of Field-Tested Materials-The Contractor's test results for field-tested Materials may
be verified by the Agency. Materials will be analyzed as determined by the Engineer for acceptance
before the Engineer will accept them for incorporation into the Work. Incorporated Materials that do not
meet Specifications will be evaluated according to 00165.01 and 00150.25.
If the Agency's verification testing reveals that the Contractor's data is incorrect,the Agency may require
additional testing to determine whether the Materials meet Specifications. The Contractor shall perform
additional quality control testing or provide split samples to the Agency for additional testing as directed.
If the Materials do not meet Specifications, the Contractor shall reimburse the Agency for the cost of the
additional testing, which may be deducted from monies due or to become due the Contractor under the
Contract. Incorporated Materials that do not meet Specifications will be evaluated according to 00165.01
and 00150.25. If the Materials meet Specifications the Agency will pay the cost for the additional testing.
00165.35 Nonfield-Tested Materials- Materials will be subject to acceptance testing if the Engineer so
elects. The Engineer may reject damaged or non-Specification Materials regardless of the Materials Test
Results and Quality Compliance Certificates furnished.
(a) Test Results Certificate-The Certificate shall:
• Be from the manufacturer verifying that the Material furnished has been sampled and tested and
the test results meet the Specifications.
• Include,or be accompanied by, a copy of the specified test results(ODOT,AASHTO,ASTM, UL or
other).
• Identify the independent testing agency and the representative responsible for the test results.
• Permit positive determination that Material delivered to the Project is the same Material covered by
the test results.
• Be delivered to the Engineer with the shipment of the material.
(b) Quality Compliance Certificate-The Certificate from the manufacturer shall:
• Verify that the Material meets the Specifications, and identify by number the specified test methods
used, (ODOT,AASHTO,ASTM, UL,or other)
• Permit positive determination that Material delivered to the Project is the same Material covered by
the certificate,
• Be delivered to the Engineer with the shipment of the Material,or be an identification plate or mark,
decal,sticker, label,or tag attached to the container or Material,
(d) Equipment List and Drawings-These consist of lists of proposed Equipment and Materials, such
as:
• Shop drawings
• Material lists
• Equipment lists
• Catalog description sheets
• Manufacturer's brochures
Submit these lists to the Engineer for review of conformance with the Specifications.
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(d) Certificate of Origin of Steel Materials-When specified, complete this document (ODOT
Form 734-2126)as required by 00160.20 for Federal-aid projects.
00165.50 Acceptance Sampling and Testing-The Contractor shall sample and test Materials for
acceptance, as required by the Contract. Materials will be analyzed as determined by the Engineer for
acceptance before the Engineer will accept them for incorporation into the Work. When the Engineer
determines the Materials or Work does not conform to the Specifications the Engineer may accept the
Materials or Work with pay adjustments or reject the Materials or Work per 00150.25.
00165.70 Use of Materials without Engineer's Acceptance:
(a) General-The Contractor shall not incorporate Materials into the Project prior to acceptance by the
Engineer. The Engineer may waive this requirement temporarily if Materials are necessary for immediate
traffic safety.
(b) Materials Incorporated for Immediate Traffic Safety-If Materials are incorporated into the Project
for immediate traffic safety before acceptance by the Engineer, no payment will be made for the value of
the Materials, or the costs of incorporating them, until Materials are accepted by the Engineer, or the
Materials are otherwise found through testing to comply with Specifications.
00165.75 Storage and Handling of Materials-The Contractor shall store and handle Materials so as to
preserve their quality and fitness for incorporation into the Work. The Contractor shall restore all storage
sites to their original condition according to 00140.90, or to comply with any applicable permits, orders, or
agreements,at the Contractor's expense.
Stored Materials:
• Shall be readily accessible for inspection;
• May be stored on approved parts of the Right-of-Way;and
• May be stored on private property if written permission of the owner or lessor is obtained.
00165.80 Measurement-No separate measurement will be made of Work performed under this Section.
00165.90 Incidental Basis-No separate or additional payment will be made for sampling, testing,
certification, or other associated Work performed under this Section, whether performed by the Contractor,
manufacturer,producer or supplier. No payment will be made for providing quality control personnel.
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Section 00170-Legal Relations and Responsibilities
00170.00 General-The Contractor shall comply with all laws, ordinances, codes, regulations and rules,
(collectively referred to as"Laws" in this Section), that relate to the Work or to those engaged in the Work.
Where the provisions of the Contract are inconsistent or in conflict, the Contractor shall comply with the
more stringent standard.
The Contractor shall indemnify, defend, and hold harmless the Agency and its representatives from liability
arising from or related to the violation of Laws by those engaged in any phase of the Work. This provision
does not apply to Work performed by Agency employees.
In any litigation, the entire text of any order or permit issued by a governmental or regulatory authority, as
well as any documents referenced or incorporated therein by reference, shall be admissible for the purpose
of Contract interpretation.
The Contract shall not be construed against either party regardless of which party drafted it. Other than as
modified by the Contract, the applicable rules of contract construction and evidence shall apply. This
Contract shall be governed by and construed according to the laws of the State of Oregon without regard to
principles of conflict of laws.
Any dispute between the Agency and the Contractor that arises from or relates to this Contract and that is
not resolved under the provisions of Section 00199 shall be brought and conducted solely and exclusively
within the Circuit Court for the State of Oregon in the county where the Agency's main office is located;
provided, however, if a dispute must be brought in a federal forum, then it shall be brought and conducted
solely and exclusively within the United States District Court for the District of Oregon. In no event shall this
Subsection be construed as a waiver by the State of Oregon on any form of defense or immunity, whether
sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the
Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.
CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION.
00170.01 Other Agencies Affecting Agency Contracts-Representatives of regulatory bodies or units of
government whose Laws may apply to the Work shall have access to the Work according to 00150.20(d).
These may include but are not limited to those in the following(a), (b), (c),and(d).
(a) Federal Agencies:
Agriculture, Department of
Forest Service
Natural Resource Conservation Service
Army, Department of the
Corps of Engineers
Commerce, Department of
National Marine Fisheries Service
Defense, Department of
Energy, Department of
Environmental Protection Agency(EPA)
Federal Energy Regulatory Commission
Geology Survey
Health and Human Services,Department of
Homeland Security, Department of
U.S.Coast Guard(USCG)
Housing and Urban Development, Department of
Interior, Department of
Heritage,Conservation,and Recreation Service
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Mines
Bureau of Reclamation
Geological Survey
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Minerals Management Service
Office of Surface Mining, Reclamation,and Enforcement
Solar Energy and Energy Conservation Bank
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration(OSHA)
Transportation, Department of
Federal Highway Administration
Water Resources Council
(b) State of Oregon Agencies:
Administrative Services, Department of
Agriculture, Department of
Natural Resources Division
Soil and Water Conservation District
Columbia River Gorge Commission
Consumer and Business Services, Department of
Insurance Division
Oregon Occupational Safety and Health Division(OR-OSHA)
Energy, Office of
Environmental Quality, Department of(DEQ)
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Labor and Industries, Bureau of
Land Conservation and Development Department
Parks and Recreation, Department of
State Lands, Department of
Water Resources Department
(c) Local Agencies:
City of Tigard and other Cities
County Courts
County Commissioners, Boards of
Clean Water Services
TriMet
Design Commissions
Historical Preservation Commissions
Lane Regional Air Pollution Authority(LRAPA)
Planning Commissions
Port Districts
Special Districts
(d) Oregon Federally Recognized Tribal Governments:
Bums Paiute Tribe
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
Confederated Tribes of Grand Ronde
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Confederated Tribes of Siletz
Confederated Tribes of Umatilla Indian Reservation
Confederated Tribes of Warm Springs
Coquille Tribe
Cow Creek Band of Umpqua Indians
Klamath Tribe
00170.02 Permits,Licenses,and Taxes-As required to accomplish the Work, the Contractor shall do the
following:
• Obtain all necessary permits and licenses,except for those noted in 00170.03;
• Pay all applicable charges,fees and taxes,except for those noted in 00170.03;
• Give all notices required by applicable Laws,or under the terms of the Contract;
• Comply with ORS 274.530 relating to lease of stream beds by Oregon Division of State Lands;
• License, in the State of Oregon,all vehicles subject to licensing;
• Comply with ORS 477.625 and ORS 527.670 relating to clearing and fire hazards on forest lands;and
• Comply with all orders and permits issued by a governmental authority, whether local, State, or
federal.
00170.03 Furnishing Right-of-Way and Permits-Unless required to be obtained in the name of the
Contractor, the Agency will obtain and pay for the following when they are required by the applicable Laws
or by Plans or Specifications:
• All necessary Rights-of-Way;
• Permits required for crossing or encroaching upon navigable streams;
• Permits required for removing materials from or depositing materials in waterways;
• Permits required for operating in Agency-controlled source of Materials or disposal area;
• System development fees charged by local units of government;
If, after the Bid Closing date, the Agency obtains any Permits, Rights-of-Way or Easements which require
changes to the Work and thereby causes an increase or decrease in the cost of, or the time required for the
performance of the Work,the Contractor shall submit information sufficient for the Engineer to determine the
extent of the effects on the cost and/or schedule. If the Engineer agrees the cost and/or schedule will be
affected by such changes, such effects will be handled in accordance with the General Conditions. The
Engineer will provide the Contractor with a copy of any such Permits, Rights-of-Way or Easements.
00170.04 Patents, Copyrights, and Trademarks-Prior to use of designs, devices, materials, or
processes protected by patent, copyright,or trademark,the Contractor shall obtain from the Entity entitled to
enforce the patent,copyright,or trademark all necessary evidence of legal right.
The Contractor shall indemnify, defend and hold harmless the Agency and all third parties and political
subdivisions having a possessory or ownership interest or regulatory authority over the Project or Project
Site from claims of patent, copyright or trademark infringement, and from costs, expenses and damages the
Contractor or Agency may be obligated to pay as a result of such infringement during or after completing the
Work.
00170.05 Assignment of Antitrust Rights-The Contractor irrevocably assigns to the Agency any claim
for relief or cause of action the Contractor acquires during the term of the Contract, or which may accrue
thereafter,by reason of any violation of:
• Title 15(Commerce and Trade), United States Code;
• ORS 646.725;and
• ORS 646.730.
In connection with this assignment, it is an express obligation of the Contractor to take no action that would
in any way impair or diminish the value of the rights assigned to the Agency according to the provisions of
this Subsection. Further, it is the express obligation of the Contractor to take all action necessary to
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preserve the rights assigned. It is an express obligation of the Contractor to advise the Agency's legal
counsel:
• In advance, of its intention to commence any action involving such claims for relief or causes of
action;
• Immediately upon becoming aware of the fact that an action involving such claims for relief or causes
of action has been commenced by some other person or persons;
• The date on which it notified the obligor(s)of any such claims for relief or causes of action of the fact
of the Contractor's assignment to the Agency according to the provisions of this Subsection; and
• Immediately upon the discovery of any such antitrust claim for relief or cause of action.
In the event any payment is made to the Contractor under any such claims for relief, the Contractor shall
promptly pay the full sum over to the Agency. In the event the Contractor fails to make such payment, the
Agency may deduct the amount from monies due or to become due the Contractor under the Contract.
00170.07 Record Requirements-For purposes of this Subsection the term "Contractor" includes the
Contractor, all subcontractors, Material Suppliers, and providers of rented operated Equipment(except non-
DBE truck drivers), at all tiers,for all subcontracts with first-tier Subcontractors,all subcontracts between the
first-tier Subcontractors and their subcontractors and any other lower tier subcontracts, and "Related
Entities"as that term is defined in OAR 731-005-0780. The Material Suppliers included in this definition are
those for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and the supply and fabrication
of structural steel items or Material Suppliers that provide quotes.
(a) Records Required-The Contractor shall maintain all records, whether created before or after
execution of the Contract, or during Contract performance, or after Contract completion, to clearly
document:
• The Contractor's performance of the Contract or a subcontract;
• The Contractor's ability to continue performance of the Contract or a subcontract;and
• All claims arising from or relating to performance under the Contract or a subcontract.
These records shall include all records, including fiscal records, regardless of when created for the
Contractor's business. The records for the Contractor's business include without limitation the:
• Bidding estimates and records,worksheets,tabulations or similar documents.
• Job cost detail reports, including monthly totals.
• Payroll records (including without limitation the ledger or register, and tax forms)and all documents
which establish the periods, individuals involved,the hours for the individuals,and the rates for the
individuals.
• Records that identify the Equipment used by the Contractor and subcontractors in the performance
of the Contract or subcontracts, including without limitation, Equipment lists, rental contracts and
any records used in setting rental rates.
• Invoices from vendors, rental agencies, and subcontractors.
• Material quotes, invoices, purchase orders and requisitions.
• Contracts with subcontractors and contracts with Material Suppliers, Suppliers and providers of
rented equipment.
• Contracts or documents of other arrangements with any Related Entity as defined in OAR 731-005-
0780.
• General ledger.
• Trial Balance.
• Financial statements(including without limitation the balance sheet, income statement,statement of
cash flows, and financial statement notes).
• Income tax returns.
• All worksheets used to prepare bids or claims, or to establish the cost components for the Pay
Items, including without limitation, the labor, benefits and insurance, Materials, Equipment, and
subcontractors.
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The following are examples, but not an exhaustive list, of records that would be included, if generated by
the Contractor. If the Contractor generates such records, or equivalent records,they are included among
the records subject to 00170.07.
• Daily time sheets and supervisor's daily reports.
• Collective bargaining agreements.
• Earnings records.
• Journal entries and supporting schedules.
• Insurance,welfare,and benefits records.
• Material cost distribution worksheet.
• Subcontractors'and lower tier subcontractors'payment certificates.
• Payroll and vendor's cancelled checks.
• Cash disbursements journal.
• All documents related to each and every claim together with all documents that support the amount
of damages as to each claim.
• Additional financial statements (including without limitation the balance sheet, income statement,
statement of cash flows, and financial notes)preceding the execution of the Contract and following
final payment of the Contract.
• Depreciation records on all business Equipment maintained by the business involved, its
accountant,or other Entity. (If a source other than depreciation records is used to develop cost for
the Contractor's internal purposes in establishing the actual cost of owning and operating
Equipment,all such other source documents.)
The Contractor shall maintain all fiscal records in material compliance with generally accepted accounting
principles, or other accounting principles that are accepted accounting principles and practices for the
subject industry and adequate for the nature of the Contractor's business, and in such a manner that
providing a complete copy is neither unreasonably time consuming nor unreasonably burdensome for the
Contractor or the Agency. Failure to maintain the records in this manner shall not be an excuse for not
providing the records.
The Contractor shall include in its subcontracts, purchase orders, and all other written agreements, a
provision requiring all subcontractors, Material Suppliers and providers of rented operated Equipment,
(except non-DBE truck drivers), at all tiers to comply with 00170.07. The Contractor shall also require all
subcontractors, Material Suppliers, and providers of rented operated Equipment, (except non-DBE truck
drivers),at all tiers and Related Entities to include in their contracts, purchase orders,and all other written
agreements,a provision requiring all lower tier subcontractors, Material Suppliers and providers of rented
operated Equipment(except non-DBE truck drivers)to comply with 00170.07. The Material Suppliers to
which this applies are those for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and
the supply and fabrication of structural steel items or Material Suppliers that provide Material quotes and
Related Entities as defined in OAR 731-005-0780.
(b) Access to Records-The Contractor shall provide the Engineer access to or a copy of all Contractor
records upon request. A Project Manager's authority to request or access records is subject to OAR 731-
005-0780(9). During the record retention period the Engineer,employees of the Agency, representatives
of the Agency,or representatives of regulatory bodies or units of government may:
• Inspect,examine and copy or be provided a copy of all Contractor records;
• Audit the records,a Contract or the performance of a Contract;
• Inspect, examine and audit the records when, in the Agency's sole discretion, the records may be
helpful in the resolution of any claim, litigation,administrative proceeding or controversy arising out of
or related to a Contract.
Reasons for access to audit, inspect, examine and copy records include without limitation, general
auditing, reviewing claims, checking for collusive bidding, reviewing or checking payment of required
wages, performance and contract compliance, workplace safety compliance, evaluating related Entities,
environmental compliance, and qualifications for performance of the Contract, including the ability to
perform and the integrity of the Contractor.
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Where such records are stored in a computer or in other digital media,the Engineer may request,and the
Contractor shall provide, a copy of the data files and such other information or access to software to allow
the Engineer review of the records.
Nothing in 00170.07 is intended to operate as a waiver of the confidentiality of any communications
privileged under the Oregon Evidence Code. Nothing in 00170.07 limits the records or documents that
can be obtained by legal process.
(c) Record Retention Period-The Contractor shall maintain the records and keep the records
accessible and available at reasonable times and places for at least 3 years from the date of final
payment under the Contract, or until the conclusion of all audits, litigation, administrative proceedings,
disputes and claims arising out of or related to the Contract,whichever date is later.
(d) Public Records Requests-If records provided under this section contain any information that may
be considered exempt from disclosure as a trade secret under either ORS 192.501(2) or
ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.410 through
ORS 192.505, the Contractor shall clearly designate on or with the records the portions which the
Contractor claims are exempt from disclosure, along with a justification and citation to the authority relied
upon. Entire records or documents should not be designated as a trade secret or otherwise exempt from
disclosure. Only specific information within a record or document should be so designated.
To the extent allowed by the Oregon Public Records Law or other applicable law related to the disclosure
of public records, Agency will not disclose records or portions of records the Contractor has designated
as trade secrets to a third party, who is not a representative of the Agency, to the extent the records are
exempt from disclosure as trade secrets under the Oregon Public Records Law or other applicable law,
except to the extent Agency is ordered to disclose in accordance with the Oregon Public Records Law or
by a court of competent jurisdiction.Application of the Oregon Public Records Law or other applicable law
shall determine whether any record, document or information is actually exempt from disclosure.
In addition, in response to a public records request, the Agency will not produce or disclose records so
identified as exempt by the Contractor to any person other than representatives of the Agency, and others
with authorized access under 00170.07(b), without providing the Contractor a copy of the public records
request, unless:
The Contractor consents to such disclosure;or
Agency is prohibited by applicable law or court order from providing a copy of the public records request to
the Contractor.
00170.10 Required Payments by Contractors-The Contractor shall comply with ORS 279C.505 and
ORS 279C.515 during the term of the Contract.
(a) Prompt Payment by Contractor for Labor and Materials-As required by ORS 279C.505, the
Contractor shall:
• Make payment promptly,as due,to all Entities supplying labor or Materials under the Contract;
• Pay all contributions or amounts due the Industrial Accident Fund,whether from the Contractor or a
subcontractor, incurred in the performance of the Contract;
• Not permit any lien or claim to be filed against the State or any political subdivision thereof, on
account of any labor or Material furnished in performance of the Contract;and
• Pay to the Department of Revenue all sums withheld from employees according to ORS 316.167.
(b) Prompt Payment by Contractor to First-Tier Subcontractor(s)-According to
ORS 279C.580(3)(a),after the Contractor has determined and certified to the Agency that one or more of
its Subcontractors has satisfactorily performed subcontracted Work,the Contractor may request payment
from the Agency for the Work,and shall pay the Subcontractor(s)within 10 Calendar Days out of such
amounts as the Agency has paid to the Contractor for the subcontracted Work.
(c) Interest on Unpaid Amount- If the Contractor or a first-tier Subcontractor fails, neglects, or refuses
to make payment to an Entity furnishing labor or Materials in connection with the Contract within 30 Days
after the Contractor's receipt of payment,the Contractor or first-tier Subcontractor shall owe the Entity the
amount due plus interest charges that begin at the end of the 10 day period within which payment is due
under ORS 279C.580(3) and that end upon final payment, unless payment is subject to a good-faith
dispute as defined in ORS 279C.580(5)(b). The rate of interest on the amount due shall be in accordance
with ORS 279C.515(2). The amount of interest shall not be waived.
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(d) Agency's Payment of the Contractor's Prompt Payment Obligations-If the Contractor fails,
neglects or refuses to make prompt payment of any invoice or other demand for payment for labor or
services fumished to the Contractor or a Subcontractor by any Entity in connection with the Contract as
such payment becomes due, the Agency may pay the Entity furnishing the labor or services and charge
the amount of the payment against monies due or to become due the Contractor under the Contract.
(The Agency has no obligation to pay these Entities, and Agency will not normally do so, but will refer
them to the Contractor and the Contractor's Surety.)
The payment of a claim by the Agency in the manner authorized in this Subsection shall not relieve the
Contractor or the Contractor's Surety from obligations with respect to any such claims.
(e) Right to Complain to the Construction Contractors Board-If the Contractor or a subcontractor
fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with
the Contract, the Entity may file a complaint with the Construction Contractors Board, unless payment is
subject to a good-faith dispute as defined in ORS 279C.580(5)(b).
(f) Notice of Claim Against Bond-An Entity(which by definition includes a natural person)claiming not
to have been paid in full for labor or Materials supplied for the prosecution of the Work may have a right of
action on the Contractor's Payment Bond as provided in ORS 279C.600 through ORS 279C.625.
The Commissioner of the Bureau of Labor and Industries (BOLI) may have a right of action on the
Contractor's and Subcontractors'public works bonds and Payment Bonds for workers who have not been
paid in full,as provided in ORS 279C.600 and ORS 279C.605.
00170.20 Public Works Bond-Before starting Work,the Contractor and subcontractors shall each file with
the Construction Contractors Board, and maintain in full force and effect, a separate public works bond, in
the amount of $30,000 unless otherwise exempt, as required by ORS 279C.830(3) and ORS 279C.836.
The Contractor shall verify subcontractors have filed a public works bond before the subcontractor begins
Work.
00170.32 Protection of Navigable Waters-The Contractor shall comply with all applicable Laws,
including without limitation the Federal River and Harbor Act of March 3, 1899 and its amendments.
The Contractor shall not interfere with waterway navigation or impair navigable depths or clearances,except
as U.S.Coast Guard or Corps of Engineer permits allow.
00170.60 Safety, Health, and Sanitation Provisions-The Contractor shall comply with all Laws
concerning safety, health, and sanitation standards. The Contractor shall not require workers to perform
Work under conditions that are hazardous,dangerous,or unsanitary.
Workers exposed to traffic shall wear upper body garments or safety vests that are highly visible and meet
the requirements of 00225.25.
Workers exposed to falling or flying objects or electrical shock shall wear hard hats.
Upon their presentation of proper credentials,the Contractor shall allow inspectors of the U.S. Occupational
Safety and Health Administration (OSHA) and the Oregon Occupational Safety and Health Division (OR-
OSHA)to inspect the Work and Project Site without delay and without an inspection warrant.
According to ORS 468A.715 and ORS 468A.720, the Contractor or a Subcontractor who perforins Project
Work involving asbestos abatement shall possess a valid DEQ asbestos abatement license.
00170.61 Industrial Accident Protection:
(a) Workers'Compensation-The Contractor shall provide workers'compensation coverage for on-the-
job injuries as required by 00170.70(d).
(b) Longshoremen's and Harbor Workers' Compensation-If Work to be performed is over or
adjacent to navigable waters, the Longshoremen's and Harbor Workers'Compensation Act, (Chapter 18,
Title 33 of the USC)may apply, and the Contractor shall be responsible for complying with its provisions
(which may include the provision of additional workers'compensation benefits to employees).
00170.62 Labor Nondiscrimination-The Contractor shall comply with all Laws concerning equal
employment opportunity, including without limitation those prohibiting discrimination because of race,
religion,color,sex,disability,or national origin.
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00170.63 Payment for Medical Care-According to ORS 279C.530,the Contractor shall promptly, as due,
make payment to any person, co-partnership, association or corporation furnishing medical, surgical and
hospital care services or other needed care and attention, incident to sickness or injury,to the employees of
the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that
the Contractor collected or deducted from the wages of employees under any law,contract or agreement for
the purpose of providing or paying for the services.
00170.65 Minimum Wage and Overtime Rates for Public Works Projects:
(a) General-The Contractor is responsible for investigating local labor conditions. The Agency does not
imply that labor can be obtained at the minimum hourly wage rates specified in State or federal wage rate
publications,and no increase in the Contract Amount will be made if wage rates paid are more than those
listed.
(b) State Prevailing Wage Requirements-The Contractor shall comply with the prevailing wage
provisions of ORS 279C.800 through ORS 279C.870.
(1) Minimum Wage Rates-The Bureau of Labor and Industries(BOLI)determines and publishes the
existing State prevailing wage rates in the publication "Prevailing Wage Rates for Public Works
Contracts in Oregon". The Contractor shall pay workers not less than the specified minimum hourly
wage rate according to ORS 279C.838 and ORS 279C.840 and shall include this requirement in all
subcontracts.
See the Project Wage Rates page included with the Contract Booklet for additional information about
which wage rates apply to the project and how to access the applicable wage rates.
(2) Payroll and Certified Statements-As required in ORS 279C.845, the Contractor and every
subcontractor shall submit written certified statements to the Engineer on the form prescribed by the
Commissioner of BOLI in OAR 839-025-0010 certifying compliance with wage payment requirements
and accurately setting out the Contractor's or subcontractor's weekly payroll records for each worker
employed upon the project.
The Contractor and subcontractors shall preserve the certified statements for a period of 6 years
from the date of completion of the Contract.
(3) Additional Retainage:
a. Agency-As required in ORS 279C.845(7)the Agency will retain 25%of any amount earned by
the Contractor on the project until the Contractor has filed the certified statements required in
ORS 279C.845 and in FHWA Form 1273, if applicable. The Agency will pay to the Contractor the
amount retained within 14 Days after the Contractor files the required certified statements,
regardless of whether a subcontractor has failed to file certified statements.
b. Contractor-As required in ORS 279C.845(8) the Contractor shall retain 25% of any amount
earned by a first tier subcontractor on the project until the first tier subcontractor has filed with the
Agency the certified statements required in ORS 279C.845 and in FHWA Form 1273, if applicable.
Before paying any amount retained, the Contractor shall verify that the first tier subcontractor has
filed the certified statement. Within 14 Days after the first tier subcontractor files the required
certified statement the Contractor shall pay the first tier subcontractor any amount retained.
(4) Owner/Operator Data-For a project funded by the FHWA,the Contractor shall furnish data to the
Engineer for each owner/operator providing trucking services. Furnish the data before the time the
services are performed and include without limitation for each owner/operator:
• Drivers name;
• Copy of driver's license;
• Vehicle identification number;
• Copy of vehicle registration;
• Motor vehicle license plate number;
• Motor Carrier Plate Number;
• Copy of ODOT Motor Carrier 1A Permit; and Name of owner/operator from the side of the truck.
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(c) State Overtime Requirements-As a condition of the Contract,the Contractor shall comply with the
pertinent provisions of ORS 279.520 and 279C.540.
(1) Maximum Hours of Labor and Overtime Pay-According to ORS 279C.540, no person shall be
employed to perform Work under this Contract for more than 10 hours in any 1 Day,or 40 hours in any
1 week,except in cases of necessity,emergency,or where public policy absolutely requires it. In such
instances,the Contractor shall pay the employee at least time and a half pay:
• For all overtime in excess of 8 hours a day or 40 hours in any 1 week when the work week is
5 consecutive days, Monday through Friday;or
• For all overtime in excess of 10 hours a day or 40 hours in any 1 week when the work week is
4 consecutive days, Monday through Friday;and
• For all Work performed on Saturday and on any legal holiday specified in ORS 279C.540.
For additional information on requirements for overtime and establishing a work schedule see OAR 839-
025-0050 and OAR 839-025-0034.
(2) Notice of Hours of Labor-The Contractor shall give written notice to employees of the number of
hours per day and days per week the employees may be required to work. Provide the notice either at
the time of hire or before commencement of work on this Contract, or by posting a notice in a location
frequented by employees.
(3) Exception-The maximum hours of labor and overtime requirements under ORS 279C.540 will not
apply to the Contractor's Work under this Contract if the Contractor is a party to a collective bargaining
agreement in effect with any labor organization. For a collective bargaining agreement to be in effect it
shall be enforceable within the geographic area of the project, and its terms shall extend to workers
who are working on the project(see OAR 839-025-0054).
(d) State Time Limitation on Claim for Overtime-According to ORS 279C.545, any worker employed
by the Contractor is foreclosed from the right to collect any overtime provided in ORS 279C.540 unless a
claim for payment is filed with the Contractor within 90 Days from the completion of the contract, provided
the Contractor posted and maintained a circular as specified in this provision. Accordingly,the Contractor
shall:
(1) Cause a circular, clearly printed in boldfaced 12-point type containing a copy of ORS 279C.545,
to be posted in a prominent place alongside the door of the timekeeper's office or in a similar
place which is readily available and freely visible to any or all workers employed to perform Work;
and
(2) Maintain such circular continuously posted from the inception to the completion of the Contract
on which workers are or have been employed.
(e) Additional Requirements When Federal Funds are Involved-When federal funds are involved,
the following requirements shall apply in addition to the requirements of 00170.65(a) through
00170.65(d). The Contractor shall include these provisions in all subcontracts as well as ensure that all
Subcontractors include these provisions in their lower tier subcontracts.
(1) FHWA Requirements-For Federal-Aid projects, the Contractor shall comply with the provisions
of FHWA Form 1273,"Required Contract Provisions Federal-Aid Construction Contracts".
(2) Minimum Wage Rates-The Contractor shall pay each worker in each trade or occupation
employed to perform any work under the contract not less than the existing State (BOLI) prevailing
wage rate or the applicable federal prevailing wage rate required under the Davis-Bacon Act
(40 U.S.C.3141 et seq.), whichever is higher. The Contractor shall include this provision in all
subcontracts.
• See the Project Wage Rates page included with the Contract Booklet for additional
information about which wage rates apply to the project and how to access the applicable
wage rates.
• The applicable Davis-Bacon and BOLI wage rates will be included in the Contract.
(3) Payroll and Certified Statements-In addition to providing the payroll information and certified
statements required under ORS 279C.845 (see 00170.65(b-2)), the Contractor and every
subcontractor shall submit written certified statements that also meet the requirements in Section IV of
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FHWA Form 1273 except the Contractor and every subcontractor shall preserve the certified
statements for a period of 6 years from the date of completion of the Contract.
(4) Overtime-With regard to overtime pay, the Contractor shall comply with the overtime provision
affording the greatest compensation required under FHWA Form 1273 and ORS 279C.540.
00170.70 Insurance:
(a) Insurance Coverages-The Contractor shall obtain, at its expense, and keep in effect during the
term of the Contract,the insurance coverages in accordance with the Public Improvement Contract in the
Contract Booklet and comply with all insurance provisions thereof. The insurance coverages shall also
be maintained throughout the Contractor's Correction Period as defined in 00170.85(b).
00170.71 Independent Contractor Status-The service or services to be rendered under this Contract are
those of an independent contract. The Contractor is not an officer, employee, or agent of the Agency as
those terms are used in ORS 30.265.
00170.74 Employee Drug Testing Program-As required by ORS 279C.505(2),the Contractor shall have
in place, and maintain during the period of the Contract, an employee drug-testing program. The Agency
retains the right to audit and/or monitor the program. On request by the Engineer, the Contractor shall
furnish a copy of the employee drug-testing program.
00170.75 Oregon Tax Laws-The Contractor shall comply with Oregon tax laws as required by ORS
305.385.
00170.76 Subcontractors Nondiscrimination-The Contractor shall comply with ORS 279A.110 as to
nondiscrimination as to relations with Subcontractors.
00170.78 Conflict of Interest-The Contractor shall not give or offer any gift, loan,or other thing of value to
any member of the Agency's governing body or employee of the Agency in connection with the award or
performance of any Contract.
The Contractor shall not rent, lease, or purchase Materials, supplies, or Equipment, with or through any
Agency employee or member of the Agency's governing body.
No ex-employee of the Agency who has worked for the Agency on any phase of the Project within the prior
2 years may be employed by the Contractor to perform Work on the Project.
00170.79 Third Party Beneficiary-There are no third-party beneficiaries of the Contract, unless federal
transportation funding is involved then the State of Oregon,the Oregon Transportation Commission and the
Oregon Department of Transportation and their respective officers and members and employees, are third-
party beneficiaries of the Contract.
00170.80 Responsibility for Damage to Work:
(a) Responsibility for Damage in General-The Contractor shall perform Work, and furnish Materials
and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has
been completed and until Final Completion as determined by the Agency. The Contractor shall repair all
damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as
otherwise provided in this Section.
(b) Repair of Damage to Work-Until Final Completion, the Contractor shall promptly rebuild, repair,
restore, and make good damages to all portions of the permanent or temporary Work. The Contractor
shall perform all repairs of damage to Work at no additional cost to the Agency, except for repairs
necessitated by damage caused by:
• Acts of God or Nature,as defined in Section 00110;or
• Actions of governmental authorities.
(c) Vandalism and Theft-Vandalism includes damage to or destruction of Work or portions of Work that
remain on the Project Site resulting from vandalism, criminal mischief, arson, or other criminal or illegal
behavior.
The Contractor shall provide reasonable protection of the Work from vandalism until Final Completion.
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Theft includes the loss of Work or portions of Work that are lost or stolen or otherwise unaccounted for
from the Project Site or from Materials or fabrication locations. The Contractor shall remain solely
responsible for all losses caused by theft, including without limitation theft that occurs in conjunction with
vandalism.
00170.82 Responsibility for Damage to Property and Facilities:
(a) In General-As used in this Subsection, the term "Contractor" shall include the Contractor's agents,
Subcontractors,and all workers performing Work under the Contract; and the term"damage"shall include
without limitation soiling or staining surfaces by tracking or splashing mud, asphalt, and other materials,
as well as damage of a more serious nature.
The Contractor shall be solely responsible for damages arising from:
• The Contractor's operations;
• The Contractor's negligence,gross negligence,or intentional wrongful acts;and
• The Contractor's failure to comply with any Contract provision.
The Agency may withhold funds due the Contractor or the Contractor's Surety until all lawsuits, actions,
and claims for injuries or damages are resolved,and satisfactory evidence of resolution is furnished to the
Agency.
(b) Protection and Restoration of Agency Property and Facilities-The following requirements apply
to highways, highway Structures and other improvements that are existing, under construction, or
completed. The Contractor shall:
• Provide adequate protection to avoid damaging Agency property and facilities;
• Be responsible for damage to Agency property and facilities caused by or resulting from the
Contractor's operations;and
• Clean up and restore such damage by repair, rebuilding, replacement, or compensation, as
determined by the Engineer.
(c) Protection and Restoration of Non-Agency Property and Facilities-The Contractor shall
determine the location of properties and facilities that could be damaged by the Contractor's operations,
and shall protect them from damage. The Contractor shall protect monuments and property marks until
the Engineer has referenced their location and authorized their removal. The Contractor shall restore
property or facilities damaged by its operations to the condition that existed before the damage, at no
additional compensation.
The Contractor shall provide temporary facilities when needed, e.g., to maintain normal service or as
directed by the Engineer, until the required repair,rebuilding,or replacement is accomplished.
The Contractor shall protect specific service signs, e.g., business logos, and tourist-oriented directional
signs (TODS) from damage, whether the signs are to remain in place or be placed on temporary
supports. The Contractor shall repair or replace damaged signs at no cost to the Agency. Liquidated
damages will be assessed against the Contractor in the amount of $200 per day for each sign out of
service for more than 5 Calendar Days because of the Contractor's operations.
00170.85 Responsibility for Defective Work-The Contractor shall make good any defective Work,
Materials or Equipment incorporated into the Work,according to the provisions of Section 00150.
(a) Latent Defects-The Contractor shall remain liable for all latent defects resulting from causes other
than fraud or gross mistakes that amount to fraud until the expiration of all applicable statutes of
limitation and ultimate repose, the Performance Bond, Warranty Bond, or Correction Period, whichever
expires last. The Contractor shall remain liable for all latent defects resulting from fraud or gross
mistakes that amount to fraud regardless of when those latent defects may be discovered, and
regardless of whether such discovery occurs outside any applicable statutes of limitation or ultimate
repose or any applicable Performance Bond,Warranty Bond,or Correction Period.
(b) Correction Period for Agency Projects-The Contractor shall warrant all Work and workmanship,
including Changed Work,Additional Work, Incidental Work,On-Site Work,and Extra Work,and Materials
and Equipment incorporated in the Work, for one year from the date of Second Notification (Correction
Period), except that manufacturers', installers' or suppliers' warranties and extended warranties
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according to 00170.85(c)shall not be abridged. The Correction Period warranty described herein shall
include extension of the Performance Bond for a period of one year from the date of Second Notification.
The Contractor shall be responsible for meeting the technical and performance Specifications required,
making good the Work, and for all repairs of damage to the Work and other improvements, natural and
artificial structures,systems,equipment, and vegetation caused by,or resulting in whole or in part from
occurrences beginning during the warranty period and are the result of defects in Materials,
Equipment, and workmanship. The Contractor shall be responsible for all costs associated with
completing the repair of the defects and for associated Work including but not limited to permitting,
mobilization, traffic control, erosion control, surface restoration, site cleanup and remediation caused
by, or resulting in whole or in part from, defects in Materials, Equipment, or workmanship, and other
Work determined by the Engineer to be necessary to complete the repair of the defects.
Within 10 Calendar Days of the Agency's written notice of defects, the Contractor, or the Contractor's
Surety, shall vigorously and continuously correct and repair the defects and all related damage. If the
Contractor or the Contractor's Surety fails to correct and repair the defects, the Agency may have the
correction and repair done by others. The Contractor or Contractor's Surety shall promptly reimburse
the Agency for all expenses incurred to correct and repair the defects.
In the event of an emergency, where delay could result in serious loss or damage, the Agency may
make emergency corrections and repairs,without written notice. The Contractor or Contractor's Surety
shall promptly reimburse the Agency for all expenses incurred to correct and repair the defects.
Corrections, repairs, replacements or changes shall be warranted for an additional 1 year period
beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or
changes.
Without limiting the general applicability of other survival clauses under the Contract, this warranty
provision shall survive expiration or termination of the Contract.
(c) Manufacturer,Supplier or Installer Warranties and Guarantees:
(1) Manufacturer, Supplier or Installer Warranties-For those Specification Sections referencing
this 00170.85(c-1)Subsection,the Contractor shall furnish Warranties from the Manufacturer, Supplier
or Installer and signed by the respective authorized Representative.
The warranty period will be specified in the applicable Specification Section for which it applies.
The warranty period will begin on the date the Engineer issues Second Notification unless otherwise
specified in the Contract.
Corrections, repairs, replacements or changes shall be warranted for an additional Warranty period
beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or
changes.
When the Agency makes written notification to the Manufacturer, Supplier or Installer of failure of an
item covered by this warranty, the warranty period will stop for the effected item or the portion of the
effected item that failed, as applicable, until the required repairs or replacements are made and
accepted.All repaired or replaced items shall meet current specifications, unless otherwise specified in
the Contract,and will be warranted for the remaining warranty period.
Warranty work shall be performed when weather permits. If, in the opinion of the Engineer,temporary
repairs are necessary,the temporary repairs will be made by the Agency or an independent contractor
at the Manufacturer's, Supplier's or Installer's expense. The Manufacturer, Supplier or Installer shall
replace all temporary repairs at no additional cost to the Agency.
The Manufacturer, Supplier or Installer shall provide all required traffic control during repair or
replacement of failed items at no additional cost to the Agency.
(2) Trade Practice Guarantees-For those Items installed on the Project that have customary trade
practice guarantees, the Contractor shall furnish the guarantees to the Engineer at the completion of
the Contract.
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00170.89 Protection of Utility, Fire-control, and Railroad Property and Services; Repair; Roadway
Restoration:
(a) Protection of Utility, Fire-Control, and Railroad Property and Services; Coordination-The
Contractor shall avoid damaging the properties of Utilities, Railroads, railways, and fire-control authorities
during performance of the Work. The Contractor shall cooperate with and facilitate the relocation or
repair of all Utilities and Utility services, as required under 00150.50, and of Railroad and fire-control
property and railways.
The Contractor shall conduct no activities of any kind around fire hydrants until the local fire-control
authority has approved provisions for continued service.
The Contractor shall immediately notify any Utility, Railroad, or fire-control authority whose facilities have
been damaged.
If an Entity has a valid permit from the proper authority to construct, reconstruct,or repair Utility, Railroad,
or fire-control service in the Roadway,the Contractor shall allow the permit holder to perform the work.
(b) Restoration of Roadway after Repair Work-The Contractor shall restore the Roadway to a
condition at least equal to that which existed before the repair work addressed under this Subsection was
performed, as directed by the Engineer. All restoration work required as a result of Contractor's failure to
protect Utilities, Railroads, railways and fire-control facilities shall be at the Contractor's expense.
Restoration which constitutes Extra Work will be paid as Extra Work.
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations-The Contractor shall be
responsible for loss, injury,or damage that results from its failure to restrain stock and persons.
(a) At the Contractor's Expense-The Contractor shall restrain stock to lands on which they are
confined using temporary fences or other adequate means. The Contractor shall provide adequate
temporary fences or other protection around excavations to prevent animals and unauthorized persons
from entering.
The Contractor shall repair, at Contractor's expense and to the Engineer's satisfaction, fences damaged
by the Contractor's operations and the operations of the Contractor's agents, employees and
Subcontractors.
(b) At the Agency's Expense-The Contractor shall construct fences, or move and reconstruct fences,
as shown on the Contract Documents or as directed by the Engineer. The Contractor shall tear down and
remove fencing within the Right-of-Way when no longer needed,as part of the removal Work described in
and paid for according to Section 00310.
00170.93 Trespass-The Contractor shall be responsible for its own, its agents' and employees', and its
Subcontractors'trespass or encroachment upon,or damage to, property during performance of the Contract.
00170.94 Use of Explosives-The Contractor shall comply with all Laws pertaining to the use of
explosives. The Contractor shall notify anyone having facilities near the Contractor's operations of
Contractor's intended use or storage of explosives. The Contractor shall be responsible for all damage
resulting from its own, its agents' and employees', and its Subcontractors' use of explosives. (see
00330.41(e)and Section 00335).
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Section 00180-Prosecution and Progress
00180.00 Scope-This Section consists of requirements for assignment of the Contract, subcontracting,
time for performance,Contract responsibility,suspensions,terminations,and related provisions.
00180.05 Assignment/Delegation of Contract-Unless the Agency gives prior written consent, the
Contractor shall not assign, delegate, sell, or transfer to any Entity, or otherwise dispose of any Contract
rights or obligations, including without limitation:
• The power to execute or perform the Contract;or
• Any of its right,title or interest in the Contract.
Any attempted assignment,delegation,or disposition without prior Agency consent shall be void.
Such Agency consent will not normally be given except for the assignment of funds due under the Contract,
as provided in 00180.06.
If written Agency consent is given to assign, delegate, or otherwise dispose of any Contract rights or
obligations, it shall not relieve the Contractor or its Surety of any part of their responsibility under the
Contract.
00180.06 Assignment of Funds Due under the Contract-Assignment of funds due or to become due
under the Contract to the Contractor will not be permitted unless:
• The assignment request is made on the form acceptable to the Agency;
• The Contractor secures the written consent of the Contractor's Surety to the assignment;and
• The Engineer approves the assignment.
00180.10 Responsibility for Contract-The Contractor shall direct and coordinate the operations of its
employees, Subcontractors and agents performing Work, and see that the Engineer's orders are carried out
promptly. The Contractor's failure to direct, supervise and control its employees, Subcontractors and agents
performing Work will result in one or more of the following actions, or other actions as the Engineer deems
appropriate:
• Suspension of the Work;
• Withholding of Contract payments,as necessary to protect the Agency;
• Ordering removal of individuals from the Project Site;or
• Termination of the Contract.
Action by the Agency under this provision will not prejudice any other remedy it may have.
00180.15 Agency's Right to Do Work at Contractor's Expense-Except as otherwise provided
in 00150.75 and 00220.60, if the Contractor neglects to prosecute the Work properly or fails to perform any
provision of the Contract, the Agency may, after 2 Calendar Days'written notice, correct the deficiencies at
the Contractor's expense. In situations where the Engineer reasonably believes there is danger to life or
property, the Agency may immediately and without notice correct the deficiencies at the Contractor's
expense.
Action by the Agency under this provision will not prejudice any other remedy it may have.
00180.21 Subcontracting:
(a) Substitution of Disclosed Subcontractors-The Contractor may only substitute a previously
disclosed first-tier Subcontractor according to the provisions of ORS 279C.585. The Contractor shall
provide the Engineer with a written notification that identifies the name of the proposed new
Subcontractor and the reason for the substitution. Authorized reasons for substitution are limited to the
following circumstances(see ORS 279C.585(1)through ORS 279C.585(10)):
• The disclosed Subcontractor fails or refuses to execute a written contract that is reasonably based
either upon the Project Plans and Specifications, or the terms of the Subcontractor's written Bid,
after having had a reasonable opportunity to do so;
• The disclosed Subcontractor becomes bankrupt or insolvent;
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• The disclosed Subcontractor fails or refuses to perform the contract;
• The disclosed Subcontractor fails or refuses to meet the bond requirements of the prime Contractor
that had been identified prior to the Bid submittal;
• The Contractor demonstrates to the Agency that the Subcontractor was disclosed as the result of
an inadvertent clerical error;
• The disclosed Subcontractor does not hold a license from the Construction Contractors Board and
is required to be licensed by the board;
• The Contractor determines that the Work performed by the disclosed Subcontractor is not in
substantial compliance with the Plans and Specifications, or that the Subcontractor is substantially
delaying or disrupting the progress of the Work;
• The disclosed Subcontractor is ineligible to work on a public improvement according to the
applicable statutory provisions;
• The substitution is for"good cause"as defined by State Construction Contractors Board rule;or
• The substitution is reasonably based on the Contract alternates chosen by the Agency.
(b) Terms of Subcontracts-Subcontracts shall provide that work performed under the subcontract shall
be conducted and performed according to the terms of the Contract. Compliance with 00170.07 is
required. All subcontracts, including Contractor's with the first-tier Subcontractors and those of the first-
tier Subcontractors with their subcontractors, and any other lower tier subcontracts shall contain a clause
or condition that if the Contractor or a subcontractor fails, neglects, or refuses to make payment to an
Entity furnishing labor or Materials in connection with the Contract,the Entity may file a complaint with the
Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in
ORS 279C.580. Additionally,according to the provisions of ORS 279C.580,subcontracts shall include:
(1) A payment clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory
performance under the subcontract within 10 Calendar Days out of amounts the Agency pays to the
Contractor under the Contract.
(2) A clause that requires the Contractor to provide the first-tier Subcontractor with a standard form
that the first-tier Subcontractor may use as an application for payment or as another method by which
the Subcontractor may claim a payment due from the Contractor.
(3) A clause that requires the Contractor, except as otherwise provided in this subsection,to use the
same form and regular administrative procedures for processing payments during the entire term of
the subcontract. The Contractor may change the form or the regular administrative procedures the
Contractor uses for processing payments if the Contractor:
• Notifies the Subcontractor in writing at least 45 Calendar days before the date on which the
Contractor makes the change;and
• Includes with the written notice a copy of the new or changed form or a description of the new
or changed procedure.
(4) An interest penalty clause that obligates the Contractor, if the Contractor does not pay the first-
tier Subcontractor within 30 Calendar Days after receiving payment from the Agency, to pay the first-
tier Subcontractor an interest penalty on amounts due in each payment the Contractor does not make
in accordance with the payment clause included in the subcontract under 00180.21(d-1). The
Contractor or first-tier Subcontractor is not obligated to pay an interest penalty if the only reason that
the Contractor or first-tier Subcontractor did not make payment when payment was due is that the
Contractor or first-tier Subcontractor did not receive payment from the Agency or the Contractor when
payment was due. The interest penalty applies to the period that begins on the day after the required
payment date and ends on the date on which the amount due is paid; and shall be computed at the
rate specified in 00170.10(c).
(5) A clause that requires the Contractor's first-tier Subcontractor to include a payment clause and an
interest penalty clause that conform to the standards of ORS 279C.580 (see 00180.21(d-1) and
00180.21(d-4))in each of the first-tier Subcontractor's subcontracts and to require each of the first-tier
Subcontractor's subcontractors to include such clauses in their subcontracts with each lower-tier
subcontractor or Material supplier.
These payment clauses shall require the Contractor to return all retainage withheld from the
Subcontractor,whether held by the Contractor or the Agency,as specified in 00195.50(d).
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As required by ORS 279C.800 through ORS 279C.870,subcontracts shall include:
• A provision requiring the subcontractor to have a public works bond filed with the Construction
Contractors Board before starting Work on the Project, unless exempt.
• A provision requiring that the workers shall be paid not less than the specified minimum hourly
rate of wage.
(c) Contractor's Responsibilities-Whether or not stated in the subcontract agreement itself, the
Contractor shall remain solely responsible for administration of the subcontract, including but not limited
to:
• Performance of subcontracted Work;
• Progress of subcontracted Work;
• Payments for accepted subcontracted Work;and
• Disputes and claims for additional compensation regarding subcontracted Work.
It shall be the direct responsibility of the Contractor to ensure that each and every Subcontractor will not
only be issued a complete and current set of Plans and Specifications, but also that these Plans and
Specifications are on the project site and in use by the Subcontractor when it is performing its portion of
the project.
Subcontracted Work shall not create a contract between the Agency and the Subcontractor, will not
convey to the Subcontractor any rights against the Agency, and will not relieve the Contractor or the
Contractor's Surety of any of their responsibilities under the Contract.
(d) Failure to Comply-Failure to comply with 00180.21 will be cause for the Engineer to take action
reasonably necessary to obtain compliance. This action may include,but is not limited to:
• Suspension of the Work;
• Withholding of Contract payments as necessary to protect the Agency;and
• Termination of the Contract.
00180.22 Payments to Subcontractors and Agents of the Contractor-To the extent practicable, the
Contractor shall pay in the same units and on the same basis of measurement as listed in the Schedule of
Items for subcontracted Work or other Work not done by the Contractor's own organization. The Agency will
not be responsible for any overpayment or losses resulting from overpayment by the Contractor to
Subcontractors and to its other agents,work providers,service providers,and trucking service providers.
If requested in writing by a first-tier Subcontractor, the Contractor shall send to the Subcontractor, within
10 Calendar Days of receiving the request, a copy of that portion of any invoice or request for payment
submitted to the Agency, or pay document provided by the Agency to the Contractor, specifically related to
any labor, Equipment,or Materials supplied by the first-tier Subcontractor.
00180.30 Materials, Equipment, and Work Force-The Contractor shall furnish suitable and sufficient
Materials, Equipment, and personnel to properly prosecute and complete the Work. The Contractor shall
use only Equipment of adequate size and condition to meet the requirements of the Work and
Specifications, and to produce a satisfactory quality of Work. Upon receipt of the Engineer's written order,
the Contractor shall immediately remove, and not use again on the Project without the Engineer's prior
written approval, Equipment that, in the Engineer's opinion, fails to meet Specifications or produce a
satisfactory product or result.
The work force shall be trained and experienced for the Work to be performed. Upon receipt of the
Engineer's written order, the Contractor shall immediately remove from the Project Site, and shall not
employ again on the Project without the Engineer's prior written approval,any supervisor or employee of the
Contractor or any subcontractor who, in the Engineer's opinion, does not perform satisfactory Work or
whose conduct interferes with the progress of the Work.
If the Contractor fails to remove Equipment or persons as ordered, or fails to furnish suitable and sufficient
Materials, Equipment and personnel for the proper prosecution of the Work,the Engineer may suspend the
Work by written notice until such orders are complied with and such deficiencies are corrected, or the
Engineer may terminate the Contract under the provisions of 00180.90(a).
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00180.31 Required Materials, Equipment, and Methods-The Engineer's decisions under this Section
are final.
(a) General-When the Equipment and methods to be used are not specified in the Contract, any
Equipment or methods that accomplish the Work as required by the Contract will be permitted.
When the Contract specifies certain Equipment or methods, the Contractor shall use the Equipment or
methods specified unless otherwise authorized by the Engineer in writing.
(b) Substitution of Materials and Equipment to be Incorporated into the Work-After execution of
the Contract, the Engineer may approve substitution of Materials and Equipment to be incorporated into
the Work as follows:
(1) Reasons for Substitution-The Engineer will consider substitution only if:
• In the judgement of the Engineer,the proposed Materials or Equipment are equal to or superior to
the specified items in construction,efficiency and utility;or
• Due to reasons beyond the control of the Contractor,the specified Materials or Equipment cannot
be delivered to the Project in sufficient time to complete the Work in proper sequence.
(2) Submittal of Request-The Contractor shall submit requests for substitution to the Engineer,
including manufacturers' brochures and other information needed to verify equality of the proposed
item(s).
(c) Substitution of Equipment Specified to Perform Work-The Agency encourages development of
new or improved Equipment and innovative use of Equipment. When the Specifications require
Equipment of a particular size or type to be used to perform certain portions of the Work, the Contractor
may submit a request to the Engineer to use Equipment of a different size or type. The request will not
be considered as a cost reduction proposal under 00140.70. The request shall:
• Be in writing and include a full description of the Equipment proposed and its intended use;
• Include the reasons for requesting the substitution;and
• Include evidence, obtained at the Contractor's expense and satisfactory to the Engineer, that the
proposed Equipment is capable of functioning as well as or better than the specified Equipment.
The Engineer will consider the Contractor's request and will provide a written response to the Contractor,
either permitting or denying use of the proposed Equipment.
Permission may be granted on a trial basis to test the quality of Work actually produced, subject to the
following:
• There will be no cost to the Agency,either in Contract Amount or in Contract Time;
• The permission may be withdrawn by the Engineer at any time if, in the Engineer's opinion, the
Equipment is not performing in all respects equivalent to the Equipment specified in the Contract;
• If permission is withdrawn, the Contractor shall perform the remaining Work with the originally-
specified Equipment;and
• The Contractor shall remove and replace nonspecification Work resulting from the use of the
Contractor's proposed Equipment, or otherwise correct it as the Engineer directs, at no additional
compensation.
(d) Substitution of Methods-The Agency encourages development of new, improved, and innovative
construction methods. When the Plans or Specifications require a certain construction method for a
portion of the Work, the Contractor may submit a request for a change by following the provisions of
00140.70,"Cost Reduction Proposals".
00180.40 Limitation of Operations:
(a) In General-The Contractor shall comply with all Contract provisions and shall:
• Conduct the Work at all times so as to cause the least interference with traffic,and
• Not begin Work that may allow damage to Work already started.
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(b) On-Site Work-The Contractor shall not begin On-Site Work until the Contractor has:
• Received Notice to Proceed;
• Filed with the Construction Contractors Board the public works bond as required in 00170.20;
• An approved Project Work schedule;
• An approved Traffic Control Plan;
• An approved Spill Prevention Control and Countermeasure Plan,if required;
• An approved Pollution Control Plan;
• An approved Erosion and Sediment Control Plan;
• Met with the Engineer at the required preconstruction conference;and
• Assembled all Materials, Equipment, and labor on the Project Site, or has reasonably assured that
they will arrive on the Project Site,so the Work can proceed according to the Project Work schedule.
00180.41 Project Work Schedules-The Contractor shall submit a Project Work schedule meeting the
requirements of this Subsection to the Engineer. The Project Work schedule is intended to identify the
sequencing of activities and time required for prosecution of the Work. The schedule is used to plan,
coordinate, and control the progress of construction. Therefore,the Project Work schedule shall provide for
orderly, timely, and efficient prosecution of the Work, and shall contain sufficient detail to enable both the
Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract
responsibilities. Sufficient detail shall also include all required double shifts, overtime work, or combination
of both necessary to complete Contract Work within the Contract Time.
The Contractor shall submit a schedule or plan for each activity that is behind schedule showing, in sufficient
detail, the proposed corrective action to complete Contract Work within the Contract Time. Sufficient detail
shall include all required double shifts,overtime work,or combination of both.
Contractor's activity related to developing, furnishing, monitoring, and updating these required schedules is
Incidental.
The Contractor shall submit a supplemental 'look ahead" Project Work schedule to the Engineer prior to or
at each Project progress meeting. The 'look ahead" Project Work schedule is supplemental to the Type A,
B, or C schedule specified below. The supplemental'look ahead"Project Work schedule shall:
• Identify the sequencing of activities and time required for prosecution of the Work.
• Provide for orderly,timely,and efficient prosecution of the Work.
• Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze,
document,and control their respective Contract responsibilities.
The supplemental'look ahead"Project Work schedule shall be written in common terminology and show the
planned Work activities broken down into logical,separate activities by area, stage,and size and include the
following information:
• The resources the Contractor,subcontractors,or services will use.
• The locations of each activity that will be done including the limits of the work by mile posts, stations,
or other indicators.
• The time frames of each activity by Calendar Days, shifts,and hours.
• All anticipated shoulder, lane,and road closures.
At a minimum,the Contractor shall prepare a bar chart that:
• Shows at least 3 weeks of activity including the week the bar chart is issued.
• Uses a largest time scale unit of 1 Calendar Day. Smaller time scale units may be used if needed.
• Is appropriate to the activities.
• Identifies each Calendar Day by month and day.
Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar
chart.
The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First
Notification and continuing until Second Notification has been issued and all punch list items and final
trimming and clean-up has been completed. The Contractor shall meet with the Engineer to review the
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supplemental "look ahead" Project Work schedule. If the Engineer or the Contractor determines that the
current supplemental "look ahead" Project Work schedule requires changes or additions, either notations
can be made on the current schedule or the Engineer may require the submittal of a revised supplemental
"look ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead"
Project Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of
the Contract.
One of the following Type "A", "B", or "C" schedules will be required under the Contract. The type of
schedule will be identified in the Special Provisions.
(a) Type"A"Schedule-A Type"A"schedule is required;the Contractor shall do the following:
(1) Schedule-5 Calendar Days prior to the preconstruction conference, the Contractor shall provide
to the Engineer four copies of a Project Work schedule, including a time-scaled bar chart and narrative,
showing:
• Expected beginning and completion dates of each activity, including all staging;and
• Elements of the Traffic Control Plan as required under 00225.05.
The schedule shall show detailed Work activities as follows:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Materials samples and shop drawings;
• Fabrication,installation,and testing of special Materials and Equipment;and
• Duration of Work,including completion times of all stages and their sub phases.
For each activity,the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate, in common units of measure;
• The activity duration in Calendar Days;and
• Scheduled start,completion,and time frame shown graphically using a time-scaled bar chart.
The schedule shall show the Work broken down into logical, separate activities by area,stage,or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common
units of measure,or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in Calendar Days.
• The smallest unit shown shall be 1 Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift,holiday, and weekend Work.
Each page of the bar chart shall include a title block showing the Contract name and number,
Contractor's name, date of original schedule, and all update dates; and a legend containing the
symbols used, their definitions, and the time scale, shown graphically. To ensure readability the bar
chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch by 36 inch, using
multiple sheets when needed.
Within 7 Calendar Days after the preconstruction conference, the Engineer and the Contractor shall
meet to review the Project Work schedule as submitted. The Engineer will review the schedule for
compliance with all Contract Time limitations and other restraints. Review of this and subsequent
schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient
execution of the Contract. Within 10 Calendar Days of this meeting, the Contractor shall resubmit to
the Engineer four copies of the Project Work schedule, including required revisions.
(a) Type"A"Schedule-When a Type"A"schedule is required,the Contractor shall do the following:
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(1) Schedule-5 Calendar Days prior to the preconstruction conference, the Contractor shall provide
to the Engineer four copies of a Project Work schedule, including a time-scaled bar chart and narrative,
showing:
• Expected beginning and completion dates of each activity, including all staging;and
• Elements of the Traffic Control Plan as required under 00225.05.
The schedule shall show detailed Work activities as follows:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Materials samples and shop drawings;
• Fabrication, installation,and testing of special Materials and Equipment;and
• Duration of Work, including completion times of all stages and their sub phases.
For each activity,the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate,in common units of measure;
• The activity duration in Calendar Days;and
• Scheduled start,completion,and time frame shown graphically using a time-scaled bar chart.
The schedule shall show the Work broken down into logical,separate activities by area, stage,or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common
units of measure,or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in Calendar Days.
• The smallest unit shown shall be 1 Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift, holiday,and weekend Work.
Each page of the bar chart shall include a title block showing the Contract name and number,
Contractor's name, date of original schedule, and all update dates; and a legend containing the
symbols used, their definitions, and the time scale, shown graphically. To ensure readability the bar
chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch by 36 inch, using
multiple sheets when needed.
Within 7 Calendar Days after the preconstruction conference, the Engineer and the Contractor shall
meet to review the Project Work schedule as submitted. The Engineer will review the schedule for
compliance with all Contract Time limitations and other restraints. Review of this and subsequent
schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient
execution of the Contract. Within 10 Calendar Days of this meeting, the Contractor shall resubmit to
the Engineer four copies of the Project Work schedule, including required revisions.
(2) Review by the Engineer-The Project Work schedule may need revision as the Work progresses.
Therefore,the Contractor shall periodically review the Project Work schedule and progress of the Work
with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no
longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held
between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall
review Project events and any changes for their effect on the Project Work schedule.
The Contractor shall compile an updated Project Work schedule incorporating any changes to the
Project completion time(s). The bar chart shall reflect the updated information. The Contractor shall
submit four copies of the updated Project Work schedule to the Engineer within 7 Calendar Days after
the meeting. The report shall include without limitation the following:
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• Sufficient narrative to describe the past progress,anticipated activities,and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule;and
• Proposed corrective actions.
(b) Type"B"Schedule-When a Type"B Schedule is required,the Contractor shall do the following:
(1) Initial Schedule-5 Calendar Days prior to the preconstruction conference, the Contractor shall
provide to the Engineer four copies of a time-scaled bar chart Project Work schedule showing:
• Expected beginning and completion date of each activity,including all staging;and
• Elements of the Traffic Control Plan as required under 00225.05.
The initial schedule shall show all Work intended for the first 60 Days of the Contract to the level of
detail described in (2) below, and shall show the priority and interdependence (sequencing and
network logic)of all major segments of the remainder of the Work.
(2) Detailed Schedule-In addition to the above requirements,and within 30 Calendar Days after the
Notice to Proceed,the Contractor shall provide the Engineer one digital copy and four paper
copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of
the Work. The digital copy shall be compatible with MS Project 2003, Primavera P3,SureTrak
Project Manager 3.0,or another scheduling program approved by the Engineer.
Detailed work schedule activities shall include the following:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Material samples and shop drawings;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special Material and Equipment;and
• Duration of Work, including completion times of all stages and their sub phases.
For each activity,the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate,in common units of measure;
• The activity duration in normal workdays;and
• Scheduled start,completion,and time frame shown graphically using a time-scaled bar chart.
The schedule shall show the Work broken down into logical, separate activities by area, stage,or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common
units of measure,or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of normal workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in normal workdays (every day except Saturday, Sunday, and legal
holidays).
• The smallest unit shown shall be 1 Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift,holiday,and weekend Work.
The bar chart drawing(s) shall include a title block showing the Contract name and number,
Contractor's name, date of original schedule, and all update dates; and a legend containing the
symbols used, their definitions, and the time scale, shown graphically. To ensure readability the bar
chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using
multiple sheets when needed.
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Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor
shall meet to review the Project schedule as submitted. Within 10 Days of the review meeting, the
Contractor shall resubmit to the Engineer one digital and four paper copies of the Project schedule,
including required revisions.
The accepted Project schedule shall represent all Work, as well as the planned sequence and time for
the Work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of
responsibility for timely and efficient execution of the Contract.
(3) Review and Reporting-The Project Work schedule may require revision as the Work progresses.
Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as
follows:
a. Review with the Engineer-The Contractor shall perform ongoing review of the Project Work
schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines
that the Project Work schedule no longer represents the Contractor's own plans or expected time for
the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the
Contractor and the Engineer shall review Project events and any changes for their effect on the
Project Work schedule. After any necessary action has been agreed upon, the Contractor shall
make required changes to the Project Work schedule.
The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report period, including shop drawings, Material procurement, and Contract
Change Orders that have been issued. Information shall include commencement and completion
dates on activities started or completed,or if still in progress,the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and
Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary
activities and logic connectors to describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as
those restrained by it.
The Contractor shall evaluate this information and compare it with the Contractor's project schedule.
If necessary, the Contractor shall make an updated bar chart schedule to incorporate the effect
changes may have on the Project completion time(s). For any activity that has started, the
Contractor shall add a symbol to show the actual date the activity started and the number of normal
workdays remaining until completion. For activities that are finished, a symbol shall be added to
show the actual date. The Contractor shall submit one digital and four paper copies of the updated
bar chart to the Engineer within 7 Days after the progress meeting, along with a progress report as
required by"b."below.
b. Progress Report-The Contractor shall submit a progress report to the Engineer each month.
The report shall include the following:
• Sufficient narrative to describe the past progress,anticipated activities,and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule;and
• Proposed corrective actions.
(c) Type"C"Schedule-When a Type"C"Schedule is required,the Contractor shall do the following:
(1) Initial Schedule-10 Calendar Days prior to the preconstruction conference, the Contractor shall
provide to the Engineer one digital copy and four paper copies of a time-scaled bar chart Project Work
schedule. The digital copy shall be compatible with MS Project 2003, Primavera P3, SureTrak Project
Manager 3.0, or another scheduling program approved by the Engineer. The initial schedule shall
show:
• The expected beginning and completion date of each activity, including all stages and phases;
• The time needed for completion of the utility relocation work;and
• The elements of the traffic control plan as required under 00225.05.
A logic diagram and a time-scaled bar chart will be acceptable in lieu of a time-scaled logic diagram.
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The initial schedule shall show all Work intended for the first GUDays of the Contract tothe level of
detail described in (2) below, and ohoU show the priority and interdependence (sequencing and
network logic)ofall major segments ofthe remainder ofthe Work.
(2) Detailed Project Work Schedule'|naddition huthe above requirements, and within 3OCalendar
Days after First Notification, the Contractor shall provide the Engineer one digital copy and four paper
copies of n detailed time-scaled nrdom| path method (CPM) network Project Work schedule and
computer analysis printout, both clearly indicating the critical path. The digital copy shall becompatible
with MS Project 2003 phmmxenm P3 S o*Tmah Project Manager 30or another scheduling
approved by the Engineer. The first submitted detailed time-scaled critical path method(CPM)network
Project Work schedule shall also contain a listing of the quantity of Work for each activity, when
appropriate,in common units of measure.
Detailed work schedule activities shall include the following:
° Construction activities;
• Any limitations nfoperation specified inOO180.4O;
° The time needed for completion ofthe utility relocation work;
° Implementation ofTCP for each stage and phase;
° Submittal and approval ofMaterial samples,mix designs,and shop drawings;
° Agency timeframes to pmoeee and return Contractor submitted plans, working drawings,
equipment lists and other submittals;
• Procurement ofcritical Materials;
° Fabrication,installation,and testing cfspecial Material and Equipment;
° Duration of Work, including completion times of all stages and their sub-phases;and
° Specified cure times for all concrete elements.
The activities shall be separately identifiable by coding or use of sub-networks or both. The duration of
each activity shall be verifiable and consistent with the description in the Project narrative required in
(3)below.
Detailed sub-networks shall include all necessary activities and logic connectors to describe the Work
and all restrictions onit. |nthe restraints, include those activities from any Project Work schedule that
initiated the sub-network eawell omthose restrained byft.
The time scale used on the Contractors detailed time-scaled chUum| path method (CPM) network
Project Work schedule shall be appropriate for the duration of the activities and the Project duration.
The time scale shall beinnormal workdays, defined mmevery day except Saturday, Sunday and legal
ho|idayo, with calendar dates identified no haoo than the find and midpoint of each calendar month.
The smallest unit shown shall be 1 Day. The network shall show the length of the activity or pod
ooa|md to accurately represent the number of nmnna| workdays scheduled. Distinct symbols or
graphics shall beused boshow multiple shift,holiday,uxweekend work,
The eoho6u|e network drawing(s) shall include aUUm block showing the Contract name and numbmr.
Contractor's name, dote of original echaduk», and all update dates; and a legend containing the
symbols used, their deUndioms, and the time uma|m, shown graphically. To ensure readability the
drawings shall be on m reasonable size of paper up to e maximum of3Ginch x3G innh, using multiple
sheets when needed.
The Contractor shall include a tabulation of each activity in the computer mathematical analysis of the
network diagram. The following information represents the minimum required for each activity:
* Event(node)number(o)for each activity;
° Maintain event(node)numbers throughout the Project;
° Activity description;
° Original duration ofactivities(in normal wmrkdayo);
° Estimated remaining duration ofactivities(in normal mmrkdmyo);
° Earliest start date and actual start date(by calendar dote);
° Earliest finish date and actual finish date(by calendar date);
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• Latest start date(by calendar date);
• Latest finish date(by calendar date);and
• Slack or float time(in workdays).
Computer print-outs shall consist of at least a node sort and an"early start/total-float"sort.
Within 14 Calendar Days after submission of the detailed time-scaled critical path method (CPM)
network Project Work schedule, the Engineer and the Contractor shall meet to review the detailed
time-scaled critical path method (CPM) network Project Work schedule as submitted. Within
7 Calendar Days of the meeting, the Contractor shall resubmit to the Engineer one digital and four
paper copies of the detailed time-scaled critical path method (CPM) network Project Work schedule,
including required revisions.
This first accepted detailed time-scaled critical path method (CPM) network Project Work schedule,
also called the accepted Project Work schedule, shall represent all Work, as well as the planned
sequence and time for the Work. Review and acceptance of any Project Work schedules and Project
narratives by the Engineer shall not relieve the Contractor of responsibility for timely and efficient
execution of the Contract.
(3) Project Narrative-In addition to the above requirements, and within 30 Calendar Days after First
Notification, the Contractor shall provide to the Engineer a final written Project narrative that discusses
the planning, coordinating, scheduling and resourcing of the Work. The Project narrative shall include
the following written description:
• Plans for staging the project.
• All critical activities.
• All near critical activities defined as those with less than 30 Days of float.
• All subcontractor activities that are critical, near critical, and those that are greater than two
weeks in duration.
• Labor resourcing, by stage and phase, to include the number of crews, average crew size and
planned night/weekend shifts including that of subcontractors.
• Equipment allocation, by stage and phase to include mobilization, demobilization and planned
activities including that of subcontractors.
• Notifications required under the Contract during each stage and phase which may include but is
not limited to road closures, lanes closures, night work, cold plane pavement removal, and pile
driving.
• Provide discussion on addressing reasonably predictable weather conditions and their impact on
all weather sensitive activities. Also, provide discussion on other weather limitations that may
affect the project schedule.
• Submittal and approval of material samples,mix designs,and shop drawings.
• Procurement of critical materials.
• Plans for dealing with"unique"construction items.
• Coordination of utilities and any immediate concerns for impacts/delays.
• Constructability issues.
• Cost Reduction Proposals and/or immediate requests for changes to the specifications.
• Concerns/issues that need to be addressed within the first 90 Days following First Notification.
The accepted Project narrative shall represent all critical and near critical Work,as well as the planned
sequence and time for the Work.
(4) Review and Reporting-The Project Work schedule may require revision as the Work progresses.
Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as
follows:
a. Review with the Engineer-The Contractor shall perform ongoing review of the accepted
Project Work schedule and progress of the Work with the Engineer. If the Engineer or the
Contractor determines that the accepted Project Work schedule no longer represents the
Contractor's own plans or expected time for the Work,a meeting shall be held between the Engineer
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00180
and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events
and any changes for their effect onthe accepted Project Work schedule. After any necessary action
has been agreed upon. the Contractor shall moha required changes tothe accepted Project Work
schedule and associated Project narrative. Upon acceptance bythe Engine*r,this will become the
new accepted Project Work schedule and associated Project narrative.
The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report pehod, including shop dnawinQo, Material procurement, and Contract
Change Orders that have been issued. Information shall include actual start and completion dates
on activities started or completed,or if still in progress,the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and
Extra Work into the Project Work schedule. Detailed sub-networks ohs|| include all necessary
activities and logic connectors 10describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as
those restrained by it. The procedure for acceptance of the revised or updated Project Work
schedule asthe new accepted Project Work schedule will bmasprovided above.
The Contractor shall evaluate this information each month and compare it with the accepted Project
Work schedule. The Contractor shall make an updated bar chart schedule to incorporate the effect
changes may have on the Project completion time(s). For any activity that has started, the
Contractor shall add a symbol to show the actual date the activity started and the number of normal
workdays remaining until completion. For activities that are finished, a symbol shall be added to
show the actual date. The Contractor shall submit, digitally and in paper, copies of the updated bar
chart to the Engineer within 7Daye after the progress meetng, along with a progress report as
required by^b.^below.
b. Progress Report-Each month the Contractor shall submit a progress report and an update of
the Project Work schedule to the Engineer. The report and updated schedule shall be submitted
both digitally and inpaper copy and shall include the following:
° A sufficient description, in narrative form, to describe the past progress, anticipated activities,
and stage Work;
° A description of any current and expected changes or delaying factors and their effect on the
construction schedule;
° Proposed corrective actions;
° Proposals$nkeep the Project onschedule inthe event ofedelay;and
° Any changes to the logic as compared to the accepted Project Work schedule.
(d) Substitution of Schedules'When m Type "A" schedule is required. a Type ~B^ or Type ^C^
schedule may besubstituted for the Type"A"schedule.
When o Type ^B^ schedule is required. o Type "C^ schedule may be substituted for the Type ^B^
schedule.
(m) SKwomNRed Contract Time Not Superseded by SchwdmUmRmvimioms-Thmcmmp|eUondatmoinony
Project Work schedule and any revised or updated Project Work schedules shall bawithin the Contract
Time(s) specified for the Pnojed, or within adjusted Contract Times approved according to 00180.80(c).
Acceptance of any Project Work schedule or any revised or updated Project Work schedules shall not
constitute approval of any completion dates that exceed such Contract Tine(s), If the Contractor believes
that additional Contract Time iudue,the Contractor shall submit,with arevised Project Work schedu|e. a
request for adjustment ofContract Time according to 00180.80(c). A request for an adjustment of
Contract Time will be evaluated using the most recently accepted Project Work schedule.
(f) Float Time-Float time shown on the Project Work mcheduho, including any time between o
Contractor's scheduled completion date and the specified Contract Tlma(o), does not mmimd for the
exclusive use ofeither party tothe Contract and belongs tothe Project.
(g) Schedules Do Not Constitute Noticm-Gubmitta| of Project Work schmduha, with supporting
Project namratiwe, does not constitute or substitute for any notice the Contractor is required under the
terms ofthe Contract 0ugive the Agency.
(h) Failure to Prow/de Schedule'The Project Work schedule is eemmnUa| to the Agency. The
Contractor's failure hn provide the oohadu|e, schedule infonnoUon, progress mmporto. Project narratives, or
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00180
schedule updates when required will be cause to suspend the Work, or to withhold Contract payments as
necessary to protect the Agency, until the Contractor provides the required information to the Engineer.
(2) Review by the Engineer-The Project Work schedule may need revision as the Work progresses.
Therefore,the Contractor shall periodically review the Project Work scheduleand progressofthe Work
with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no
longer represents the Contractor's own plans or expected time for the Work, a meeting ohmU be held
between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall
review Project events and any changes for their effect on the Project Work schedule.
The Contractor shall compile an updated Project Work schedule incorporating any changes 0mthe
Project completion time(s). The bar chart shall reflect the updated information. The Contractor eho||
submit four copies of the updated Project Work schedule to the Engineer within 7 Calendar Days after
the meeting. The report shall include without limitation the following:
�
Sufficient narrative to describe the past progress,anticipated activities,and stage Work;
� A description ofany current and expected changes or delaying factors and their effect on the
construction schedule; and
"
Proposed corrective actions.
(9) Specified Contract Time Not Superseded by Schedule Revisions'The completion dates inany
Project Work ouhadu|m and any revised or updated Project Work schedules shall be within the Contract
Time(s) specified for the Pnojeot, or within adjusted Contract Times approved according to 00180.80(c).
Acceptance of any Project Work schedule or any revised or updated Project Work schedules mhmU not
constitute approval of any completion dates that exceed such Contract Time(s). |fthe Contractor believes
that additional Contract Time is due,the Contractor shall submit,with a revised Project Work schedule,a
request for adjustment ofContract Time according to (c). A request for an adjustment of
Contract Time will be evaluated using the most recently accepted Project Work schedule.
(f) Float Timmm-F|umt time shown on the Project Work uchedu|e, including any time between o
Contractors scheduled completion date and the specified Contract Time(o), does not exist for the
exclusive use ofeither party buthe Contract and belongs tothe Project.
(g) Schedules Dm Not Constitute Nctice-Submitta| of m Project Work mdhmdu|e, with supporting
Project nonabve, does not constitute or substitute for any notice the Contractor is required under the
terms ofthe Contract to give the Agency.
(h) Fa0mmm to Provide SchwdmUw-Thm Project Work schedule is oseanUa| to the Agency. The
Contractor's failure toprovide the schedule,schedule information, progress reports, Project narratives,or
schedule updates when required will be cause to suspend the Work,or to withhold Contract payments as
necessary to protect the Agency, until the Contractor provides the required information to the Engineer.
00180.42 Preconstruction Conference-Unless otherwise approved in writing by the Engineer,before any
Work imperformed and within 7Calendar Days uf the Notice toProceed, the Contractor shall meet with the
Engineer for apn»unnn1mctionconference mdatime mutually agreed upon.
00180.43 Commencement and Performance of Work'From the time ofcommencement ofthe Work ho
the time ofFinal Acceptance the Contractor shall:
° Provide adequate Materials, Equipment, labor,and supervision toperform and complete the Work;
° Perform the Work as vigorously and as continuously as conditions permit, and according to a Project
Work schedule that ensures completion within theContemtllmeorthmadjuohedContn»ctTimo;
° Not voluntarily suspend or slow down operations without prior written approval from the Engineer;and
° Not resume suspended Work without the Engineers written authorization.
00180.44 Project Meetings — The Contractor ohm|| participate in conferences and meetings for the
purposes of addressing issues related to the VVork, reviewing and coordinating progress of the Work and
other matters ofcommon interest hathe Contractor, Engineer and Agency.
(m) Meeting Participants — Representative of entities participating in meetings uhoU be qualified and
authorized toact onbehalf ofentity each represents.
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00180
(b) Meet in Agency's meeting room facility, or in a location otherwise agreed to by Agency and
Contractor.
(c) Engineer will distribute to each anticipated participant written notice and agenda of each meeting at
least 4 days before meeting.
(d) Require attendance of Contractor's superintendent and project manager, and Subcontractors who
are or are proximate to be actively involved in the Work,or who are necessary to agenda.
(e) Engineer will invite agencies, utility companies or others when the Work affects their interests, and
others necessary to agenda.
(f) Engineer will record minutes of meeting and distribute copies of minutes within 7 days of meeting to
participants and interested parties.
(g) Progress Meetings
(1) Purpose of Progress Meetings: To expedite Work of Subcontractors or other organizations that
are not meeting scheduled progress, resolve conflicts, and coordinate and expedite execution of
the Work.
(2) Attend regularly scheduled bi-weekly progress meetings conducted by Engineer.
(3) Review progress of the Work, Progress Scheduled, 3-week look-ahead schedule, narrative report,
Application for Payment, record documents, and additional items of current interest that are
pertinent to execution of the Work.
(4) Verify:
• Actual start and finish dates of completed activities since last progress meeting.
• Durations and progress of activities not completed.
• Reason,time, and cost data for Change Order Work that will be incorporated into Progress
Schedule and Application for Payment.
• Percentage completion of items on Application for Payment
• Reasons for required revisions to Progress Schedule and their effect on Contract Time and
Contract Amount.
(5) Review status of Requests for Clarification/information and Submittals review.
(6) Discuss Project safety and security.
(7) Discuss traffic control.
(8) Discuss potential problems which may impede scheduled progress and corrective measures.
(h) Coordination Meetings
(1) Purpose of Coordination Meetings: To coordinate the Work of this Contract with the Work of the
Agency and with Work of other Contractors.
(i) Pro-Event Meetings
(1) Prior to start of critical activities, the Contractor shall schedule a meeting with Engineer to review
applicable specifications and drawings, coordination of inspection requirements and other key
activities.
Pre-Survey Conference
(1) The Contractor, applicable Subcontractors, Contractors surveyor, Agency and Agency's surveyor
shall meet with the Engineer two weeks prior to beginning survey work. The purpose of the
meeting is to discuss methods and practices of accomplishing the survey work.
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00180
(k) Other Meetings
(1) The Contractor shall prepare for and attend other meetings as identified elsewhere in the Contract
Documents.
00180'50 Contract Time WmComplete Work:
(m) General-The time allowed to complete the Work or Pay Item is stipulated in the, and will be known
oothe"Contract Tlme" (see 00110.20)
(b) Kinds of Contract Time-The Contract Time will be expressed in one or more of the following ways:
(1) Fixed Date Calculation-The calendar date on which the Work or Pay Item shall be completed;or
(2) Calendar Day Calculation-The numberofCalendar Days from a specified beginning point in
which the Work orPay Item shall becompleted.
(3) Work Day Calculation-The number of Work Days from a specified beginning point in which the
Work orPay item shall becompleted.
Beginning of Contract Time-When the Contract Time is stated in Calendar Days, counting of
Contract Calendar Days will begin with the first Calendar Day following the date of the Notice to Proceed.
When the Contract Time is stated in Work Days, counting of Contract Work Days will begin with the first
Work day following the date ofthe Notice toProceed.
(d) Recording Contract Tinnw-/Q| Contract Time will be recorded and charged to the nearest one-half
Day.
Contract Times may be extended barawuu of delays in the completion of the Work due to abnormal
weather conditions provided that the Contractor shall,within 10 days of the beginning of such delay, notify
Engineer iowriting nfthe cause ofthe delay and request anextension oftime. Such requests shall be
accompanied with rU documentation referenced to the #0AA INDEX weather in the
vicinity. Engineer will make recommendations to Agency to extend the Contract Times for completing the
Work when, in Engineer's judgment, the findings of facts and extent of delay justify such an extension.
Contractor shall not be entitled to any additional compensation of any kind arising out of or relating to
abnormal weather conditions.
On Contracts with Calendar Day or Work Day counts, the Engineer will furnish the Contractor o weekly
statement mfContract Time charges. The statement will show the number ofCalendar Days counted for
the preceding week and the number of Calendar Days remaining prior to the established completion date.
For Contracts with fixed completion dates or fixed milestone completion dates for Pay Items,the Engineer
will hmmn|oh the Contractor a ,wmaWy statement of Contract Time charges only after expiration of the
Contract Time. The statement will show the number cf Calendar Days nfliquidated damages that have
been assessed,if any.
These statements will include any exclusions from,or adjustments to,Contract Time.
(w) Exclusions from Contract Tinme-Rmgamd|eos of the way Contract Time is expressed in the
Contract, certain Calendar Days will not becharged lln*e. These exclusions will be
allowed when the Contractor in prevented from performing Work due to one of the following ne000nu.
resulting indelay:
° Acts of God mNature;
° Court orders enjoining prosecution ofthe Work;
° Strikes, labor disputes or freight embargoes that, despite the Contractors reasonable efforts to
avoid them, cause oshutdown of the entire Project orone ormore major operations. "Strike' and
"labor dispute" may include union action against the Contractor, n Subcontractor, e YNataha|o
supplier,orthe Agency;or
° Suspension of the Work by written order of the Engineer for reasons other than the Contractor's
failure prneglect.
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00180
00Time Calculation Protmst-inUeeven the Contractor disputes the accuracy ofthe statement of
Contract Time charges, it shall immediately contact the Engineer and attempt to resolve the dispute. If
the dispute cannot be resolved informally, the Contractor shall submit a formal written protest to the
Engineer within 7 Calendar Days of the date the Engineer mailed or delivered the statement. Failure to
submit a formal written protest within the 7 Calendar Day period constitutes the Contractor's approval of
the time charges,madjusted time charges,itemized inthe statement.
(g) End of Contract Time-When the Engineer determines that the On-Site Work has been completed,
except for the items listed below,the Engineer will issue a Second Notification.
The Second Notification will list:
°
The date the time charges stopped;
°
Final trimming and cleanup tasks(see UO140.QO);
°
Equipment 1oberemoved from the Project Site;
°
Minor corrective work not involving additional payment to be completed;and
° 8ubmitta|o, including without limitation all required nadificaUonm, biUs, fonms, wmnemdieo, certificate
of insurance coverage (00170.70(b)). and other donumentm, required to be provided to the
Engineer before Third Notification will issue.
The Contractor shall complete all tasks listed in the Second Notification in an expeditious manner within
the time frame specified for Final Completion.
00180.60 Notice of Delay-The Contractor shall notify the Engineer of any delay that will likely prevent
completion of the Work or a Pay Item by the date specified in the Project Work schedule. The notice shall
be in writing and mho|| be submitted within 7Cakmndar Days of when the Contractor knew or should have
known of the delay. The notice shall include,0mthe extent available,the following:
° The reasons orcauses for the delay;
° The estimated duration of the delay and the estimated resulting cumulative delay in Contract
completion;
° Except for OO 80 00180.65 ddayo, whether nrnot the Contractor expects Vu request an
adjustment ofContract Time due tothe delay;
° Whether nrnot the Contractor expects toaccelerate due tothe delay; and
° Whether or not the Contractor expects to request additional compensation due to the delay. Except
for 0018050(e) and 00 180.65 de|ayu, failure to include this information will constitute waiver of the
Contractors right Uwlater make such arequest.
00180.65 Right-of-Way and Access Dw|mys-Rightaf-Way and access delays will be taken into
consideration in adjusting Contract Time,and in approving additional compensation if the performance ofthe
Work is delayed because of the Agency's failure to make available to the Contractor:
° Necessary Rights-of-Way;
° Agency-owned or Agency-controlled yNah*hu|o sources that are offered in the Contract for the
Contractor's use;or
° Access to, or rights of occupancy of, buildings and other properties the Contractor is required 1oenter
orbndisturb according 0mContract requirements.
If the duration and time period of an anticipated delay is stated in the Special Pnwisiona, only the delay
occurring beyond that duration and time period will be considered for adjusting Contract Time mproviding
additional compensation.
00180'70 Suspension w0Work:
(m) General'The Engineer has authority to suspend the VVork, or part of the VVnrk, for any of the
following causes:
°
Failure ofthe Contractor bocorrect unsafe conditions;
°
Failure ofthe Contractor tocarry out any provision ofthe Contract;
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00180
° Failure of the Contractor to carry out orders issued by the Engineer, the Agency, many regulatory
authority;
° Existence of conditions unsuitable to proper or safe performance of the Work;or
° Any reason considered bythe Agency bobeinthe public interest.
When Work has been suspended for any reason, the Contractor shall not resume Work Without the
Engineers written authorization.
(t) Contractors Responsibilities during and after Smmpemmion-Duhngpehoduofmuopensionofthe
Work, the Contractor shall continue toberesponsible for ndacU and repairing the Work according ho
00178.80. and for ensuring that o single designated representative responsible for the Project remains
available according toO015O.4O(b).
When Work is resumed after suspension, unless otherwise specified in the Contract,the Contractor shall
perform the following adnoadditional compensation:
° Replace or repair any Work, YNotehm|e. and Equipment to be incorporated into the Work that was
lost nrdamaged because ofthe temporary use ofthe Project Site bythe public;and
° Remove Materials, Equipment, and temporary construction necessitated by temporary maintenance
during the suspension,oodirected bythe Engineer.
(c) Compensation and Allowances for Suspension'Compensation and allowance of additional
Contract Time due bmsuspension ofany portionofthe Work will beauthorized only for cy-indkated
suspensions for reasons other than the [ontrautoes failure or neglect. (refer toOO1BD.50(e). 00180.65.
and OO185.4O)
00180'80 Adjustment of Contract Time:
(m) Gemmmml-Cnntnactllmeestab|iahadfortheVVorkwiUbeoubjemt to adjustment,either byincrease or
decmaoa, for causes beyond the control of the Contractor, according to the terms of this Subsection.
After adjustment, the Contract Time will become, and be designated as, the "Adjusted Contract Time".
Except as providedinOU18U.GSand OO1Q 4O adjustment ofContract Time shall bethe Contractors
only remedy for any delay arising from causes beyond the control cf the Contractor.
(b) ComtxoctoesReqmmst Not Required'The Engineer may increase ordecrease the Contract Time or
the Adjusted Contract Time if Change Orders or Extra Work orders issued actually increase or decrease
the amount oftime required toperform the Work. The Engineer may also increase Contract Time inthe
event pfRiQht-of-Wayand Access delays (see 00180.65). and those delays due tocauses beyond the
Contractor's control specified in 0018050(e). The Engineer will promptly inforrn the Contractor of
adjustments made to Contract Time uuoonj|ng to this Subuection, and will include the reasons for
adjustment.
If the Agency anticipatesdelay during pohbnnmnoe of the Contnaci, and specifies its expected duration
and time period in the Special Provisions, the Engineer will only consider additional delay beyond the
stipulated duration and time period indetermining whether*oadjust Contract Time.
(c) Contractor's Request Reqwired'In the event the Contractor believes that additional Contract Time
imdue,the Contractor shall submit buthe Engineer mtimely request for adjustment ofContract Time. The
Engineer will not consider untimely requests. The Agency regards aotimely only those requests for
adjustment ofContract Time that:
° Accompany o proposed revised Project Work schedule submitted according to 00180.41. for
comparison with the last revision mf the Project Work schedule;mr
° Are not otherwise deemed waived and are submitted within 15 Days after the date of Second
NobfineUon.ifSecond Notification has been issued.
The Engineer will not grant on adjustment of Contract Time for events that occurred prior to the date of
the last revision of the Project Work schedule. The Engineer will not authorize. nor the Agency pay,
acceleration costs incurred by the Contractor prior to its submittal of a request for adjustment ofContract
Time towhich the acceleration costs relate.
The Contractor's request for adjustment ofContract Time shall besubmitted Umthe Engineer onoform
provided by, or in a fonned acceptable to. the EnQinemr, and ohoU include o copy ofthe written notice
required under OO1DU.SO. The request shall include without limitation:
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00180
° Consent ofthe Contractor's Surety ifthe request totals more than 3OCalendar Days of additional
Contract Time;
° Sufficient detail for the Engineer hoevaluate the asserted justification for the amount cfadditional
Contract Time requested;
° The cause of each delay for which additional Contract Time is requested, together with supporting
analysis and data;
° Reference to the Contract provision allowing Contract Time adjustment for each cause of delay;
° The actual or expected duration of delay resulting from each cause of delay,expressed in Calendar
DmVa;and
° A schedule analysis based on the current approved Project Work schedule for each cause of delay,
indicating which activities are involved and their impact on Contract completion.
(d) Basis for Adjustment of Cmmtnmo± Time'|n the adjustment of Contract Time, the Engineer will
consider causes that include,but are not limited to:
°
Failure ofthe Agency 10submit the Contract and bond forms bothe Contractor for execution within
the time stated in 00130.50,or to submit the Notice to Proceed within the time stated in 00130.90;
°
Errors,changes,or omissions in the Supplemental Drawings,quantities,or Specifications;
°
Performance ofExtra Work;
°
Failure of the Agency or Entities acting for the Agency to act promptly in carrying out Contract
duties and obligations;
°
Acts oromissions ofthe Agency orEntities acting for the Agency that result inunreasonable delay
referenced in0O1&5.4O;
°
Causes cited inOD1QD.5U(e);and
° Right-cf-mmyand access delays referenced inOO18D.G5.
The Engineer will not consider requests for adjustment of Contract Time based on any of the following:
°
Contentions that insufficient Contract Time was originally specified in the Contract;
°
Delays that donot affect the specified orAdjusted Contract Time;
°
Delays that affect the Contractor's planned early oomp|cdion, but that do not affect the specified or
adjusted Contract Time;
°
Shortage orinadequacy ofMaterials, Equipment orlabor;
° Work stoppage required by the Engineer to determine the extent of Work defects
°
Time for the Contractor to correct the Work defects from date of notification of the defects until the
correction work imcompleted and has been approved bythe Engineer.
° Lata delivery ofMaterials and Equipment to be incorporated into the Work, except under those
conditions referenced in 00180.50(e);
°
Different area ofMaterial source inV01a0.40(a);
°
Substitution ufEquipment inDO1QO.31(c);
°
Reasonably predictable weather conditions;or
°
Other matters within 1hmContnaobor'scontnulcvCon1mactn»mponoibiidy.
(e) Consideration and Response by Agency'The Engineer will only consider a Contractor's naquuu1
for Contract Time submitted according 0nthe requirements mfWB18D.8O(o) The Engineer may
elect not to consider claimed delays that do not affect the specified or adjusted Contract Time required bm
complete the Work.
The Engineer may adjust Contract Time for causes not specifically identified by the Contractor in its
request.
The Engineer will review m properly submitted request hur Contract Time adjustment, and within a
reasonable time will advise the Contractor of the Engineers findings. Ifthe Contractor disagrees with the
Engineer's findings,the Contractor may request review according to the procedure specified in 00199.40.
00180.85 Failure tmComplete mmTime; Liquidated Damages:
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00180
(m) Time ismf the Essence-Time is of the essence in the Contractor's performance of the Contract.
Delays in the Contractor's performance of the Work may inconvenience the traveling public, interfere with
business and oommence, and increase cost hothe Agency. Itimessential and in the public interest that
the Contractor prosecute the Work vigorously bmContract completion.
The Agency does not waive any rights under the Contract by permitting the Contractor to continue to
perform the Contract,orany part ofit,after the Contract Time oradjusted Contract Time has expired.
(b) Liquidated Darmmges-The Agency will sustain damage if the Work is not completed within the
specified Contract Time. However, in certain Agency projects it may be undulyburdensome and difficult
to demonstrate the exact dollar value of such damages. The Agency will identify such projects in the
Special Provisions related to them. In these projects, the Contractor agrees to pay to the Agency, not as
a penalty but as liquidated damages, the amount specified in the Special Provisions for each Calendar
Day the Contractor expends performing the Contract in excess of the Contract Time or adjusted Contract
Time.
Payment bythe Contractor ofliquidated damages does not release the Contractor from its obligation
fully and timely perform the Contract according toits terms. Nor does acceptance ofliquidated damages
bythe Agency constitute awaiver ufthe Agemcyoright tocollect any additional damages dmay sustain
by reason of the Contractor's failure to fully pedbnn the Contract according to its tanno. The liquidated
damages shall constitute payment in full only of damages incurred by the Agency due to the Contractor's
failure tocomplete the Work ontime.
|fthe Contract ioterminated according tuO018O.QO(a). and ifthe Work has not been completed byother
means on or before the expiration of Contract Time or adjusted Contract Time, liquidated damages will be
assessed against the Contractor for the duration of time reasonably required to complete the Work.
00180'90 Termination mfContract and Substituted Performance:
(m) Termination for Default-Termination of the Contract for default may result if the Contractor:
° Fails 10comply with the requirements for records;
° Violates any material provision ofthe Contract;
° Disregards applicable laws and regulations urthe Engineer's instructions;
° Refuses or fails to supply enough Mmteda|o. Equipment orskilled workers for prosecution of the
Work incompliance with the Contract;
° Fails bnmake prompt payment 0oSubcontractors;
° Makes an unauthorized general assignment for the benefit of the Contractor's creditors;
° Has areceiver appointed because ofthe Contractor's insolvency;
° |oadjudged bankrupt and the court consents bothe Contract termination;or
° Otherwise fails or refuses to faithfully perform the Contract according to its terms and conditions.
If the Contract is terminated by the Agenoy, upon demand the Contractor and the Contractor's Surety
shall provide the Engineer with immediate and peaceful possession of the Project Site, and of all
Materials and Equipment to be incorporated into the Work,whether located on and off the Project Site,for
which the Contractor received progress payments under 00195.50.
If the Contract is terminated for default, neither the Contractor nor its Surety shall be:
° Relieved of liability for damages o, losses suffered by the Agency because of the Contractors
breach ofContract;or
° Entitled to receive any further progress payments until the Work is completed. Huvmamr, pno0nemo
payments for completed Work that remain due and owing at the time of Contract termination may be
made according to the 0enne of 0019570. except that the Engineer will be entitled to withhold
sufficient funds to cover costs incurred by the Agency as a result of the termination. Final payment
tothe Contractor will bemade according 1mthe provisions ofSection UO1S5.
If o termination under this provision in determined m cobd ofcompetent jurisdiction to be unjustified,
the termination shall bedeemed otermination for public convenience.
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00180
(b) Substituted Performance-According to the Agencys procedures, and upon the Engineer's
recommendation that sufficient cause exists, the Agency, without prejudice to any of its other rights or
remedies and after giving the Contractor and the Contractors Surety 10 Calendar Days' written notice,
° Terminate the Contract;
° Substitute the Contractor with another Entity 10complete the Contract;
° Take possession ofthe Project Site;
° Take possession ofMaterials onthe Project Site;
° Tobe possession of Materials not onthe Project Site, for which the Contractor received pn»Qnaoa
payments under OU195.5O;
° Take possession of Equipment on the Project Site that is to be incorporated into the Work;
° Take possession of Equipment not on the Project Site that iobo be incorporated into the Work, and
for which the Contractor received progress payments under 8O195.7O;and
° Finish the Work bywhatever method the Agency deems expedient.
If,within the 10Calendar notice period provided above,the Contractor and/or its Surety corrects the
basis for declaration of default to the satisfaction of the Engineer, or if the Contractor's Surety submits a
proposal for correction that is acceptable to the Engineer,the Contract will not be terminated.
(o) Termination for Public Cmmvamiencm-TheEnQineermoytenninatetheContraathoroonvenioncein
whole or in part whenever the Engineer determines that termination of the Contract is in the best interest
ofthe public and for,but not limited to,the following reasons:
° If work under the Contract is suspended by an order of a public agency for any reason considered to
be in the public interest other than by a labor dispute o, by reason of any third party judicial
proceeding relating hothe Work other than osuit mvaction filed inregard toolabor dispute;or
° If the circumstances or conditions are such that it is impracticable within a reasonable time to
proceed with asubstantial portion ofthe Contract;or;
° If Agency funding from federal, state, local, or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity ofservices. This Contract may be
modified toaccommodate mreduction infunds;or
° If Federal or State regulations or guidelines are modified, changed,or interpreted in such a way that
the services are nolonger allowable nrappropriate for purchase under this Cuntraut,
The Engineer will provide the Contractor and the Contractor's Surety 7 Calendar Days' written notice of
termination for public convenience. After such notice, the Contractor and the Contractors Surety mho||
provide the Engineer with immediate and peaceful possession of the Project Site, and of Mebeho|o and
Equipment to be incorporated into the Work, whether located on and off the Project Site, for which the
Contractor received progress payments under OO19S.5O.
Termination under any pnnhainn of this paragraph ohm|| not affect any right, obligation, or liability of
Contractor orAgency,which accrued prior bosuch termination.
If the Contract is terminated for public convenience, neither the Contractor nor its Surety shall berelieved
of liability for damages or losses suffered by the Agency as u result of defective, unacceptable or
unauthorized Work completed orperformed.
Compensation for Work terminated by the Engineer under this provision will be determined according to
the provisions ofOO1Q5.70(b).
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00190
Section 00190-Measurement of Pay Quantities
00190.00 Scope-The Engineer will measure pay quantities for accepted Work according to the United
States standard measure unless otherwise pnzvdod in the Contract. Unless otherwise specified in the
Contract,the Engineer will round off all quantity computations using the following convention:
° The final significant digit will not be changed when the succeeding digit is less than 5.
° The final significant digit will be increased by one when the succeeding digit is 5 or greater.
The measurement provisions contained in the Specifications for each Pay Item will supplement or modify the
above convention by:
° Imposing measurement limitations
° Describing measurement orcomputation procedures
° Giving conversion factors oradjustment conditions
° Providing for determination of reasonably accurate and representative Pay Item quantities
Measurements required or allowed to be made by the Contractor will be subject to the Engineers
verification. The Engineers decision about measurement iofinal.
00190'10 NNememmmmwem* Guidelines—Measurement of quantifies will be made on the following besma.
unless otherwise specified inthe Contract.
(m) Unit Basis'Unit will be each, unless otherwise specified in the Contract and will be determined by
actual count ofunits inplace.
(b) Length Basis'Length will be feet or mi|e, unless otherwise specified in the Contract and will be
determined by measuring the length at least to the nearest Q.1foot or at least to the nearest O.1mile, as
mppUcab|o, unless otherwise specified in the Contract. Measurements will be limited to the dimensions
shown orspecified,oramdirected bythe Engineer.
(x) Area BamAm-Areo will be square foot, square yond, or oona, unless otherwise specified in the
ContunutmndwiUbedetenninedbym*aouhngthewidthondthe|ex0th(orhmight)at|easttothenwan*ni
8.1foot and computed at least to the nearest O.1square foot, nearest O.1square yard, ornearest U.1
acre,aoapplicable, unless otherwise specified inthe Contract.
(d) Weight Basis-Weight will be pound orton, unless otherwise specified inthe Contract and will be
determined aofollows:
(1) Pound'Pound weight miU be determined by the net weight identified on the manufacturers
packaged labels,subject ooperiodic check weighing. Weight bypound will bmmeasured ouleast oothe
nearest 1.Opound unless otherwise specified inthe Contract.
Provide acertificate with each shipment together with aoartifimd copy cfthe weight cfeach delivery. If
the check weight is less than the manufacturer weight bymore than 0.4Y6. the discrepancy will be
resolved bythe Engineer.
(2) Tmm-Ton weight will be determined on Contractor-provided scales as required under OD1QO.2O
unless otherwise allowed bythe Specifications. Weight byton will bameasured cgleast bothe nearest
0.O1ton unless otherwise specified inthe Contract.
If bituminous materials, Portland cement, Kmm, and similar bulk Mebehm|m are shipped by truck or moi|,
the suppliers shipping invoice with net scale weights, or volumes converted to weights, may be used
for Pay Item quantity determination in place of weights determined on the Contractor-provided vehicle
ooa{mm.
Shipping the supplier's truck ortransport shall besubject boperiodic check weighing
on the Contractors vehicle scales, or other scales designated, according to 00190.20. |fthe check
weight is |ean than the supplier weight by more than 0.4%. the discrepancy will be resolved by the
Nopayment will bemade:
o For quantities inexcess ofthe supplier weight
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00190
° When Materials have been lost,wasted,or otherwise not incorporated into the Work
• For additional hauling costs resulting from the check weighing
(w) Volume Bmmis-Vb|ume will be cubic yard truck measure or in-place mamsure, ga||ono, foot board
measure(Fl3M),or thousand foot board measure(MFBM), unless otherwise specified in the Contract and
will bemeasured at least to the nearest 0.1 cubic yard, nearest 1.0 gallon, nearest 0.1 FBM, or nearest
0.1 yNFByN,as applicable, unless otherwise specified|nthe Contract.
Truck measure will be the measured and calculated maximum "water level" capacity ofthe vehicle.
C)uamdtioo will be determined at the point ofdelivery, with no allowance for settlement ofMaterial during
transit. When required to facilitate measurement,the vehicle load shall be leveled at the point mfdelivery.
Payment will not be made for Material in excess of the maximum "water level"capacity. Deductions will
bemade for loads below the maximum"water level"capacity.
When bituminous materials are measured by vo|ume, the volume will be measured at 60 OF or will be
corrected to the volume at 60 OF using the correction factors found in the MFTP(ODOT TM 321).
(f) Time Basis-Time will be hour, Day, or year, unless otherwise specified in the Contract, and will be
measured to at least the nearest 0.5 hour, nearest 1.0 Day, or nearest 1.0 year, as applicable, unless
otherwise specified inthe Contract.
(g) Standard Manufactured Items'|fstandard manufactured demo, such as fencm, whne, p|atea, rolled
uhepen, pipe, conduit and other similar items are specified inthe Contract byproperties such aogauge,
unit weight,or section dimensions,the manufacturing tolerances established by the industry involved will
baaccepted unless more stringent tolerances are cited inthe Contract.
(h) Lump Sum Basis'Lump aum, when used, means the Work described shall be completed and
accepted without measurement unless changes are ordered inwriting bythe Engineer.
00190'20 Contractor to Provide Vehicle Weigh Scales:
(m) Gemmmel-|f the Specifications require measurement by weighing on vehicle weigh scales, the
Contractor shall provide vehicle weigh scales and shall transport Materials bmthe scales. Subject bzthe
Engineer's approval,weights may be determined by plant or hopper scales according to 00190.30.
Contractor-provided scales shall be fumiohed, installed and maintained bythe Contractor orits supplier,
or,subject to the Engineer's approval,may be commercial scales located in the vicinity of the Project.
Unless otherwise provided in the Contract. Pay Items to be measured by weight shall include all
Contractor costs for providing, maintaining, inspecting, and testing scales; for furnishing appropriate
weigh tickets;for self-printing scales;and for transporting Materials to the scales or to check weighing.
(b) Requirements'The scales ohoU conform to ORS 618, or the laws of the state in which they are
located,and NIST Handbook 44.and shall be:
° Licensed by the Oregon Department ofAgriculture, ovbythe analogous regulatory body for scales
located outside the State;
° Technically suitable for weighing the Materials;
° Properly installed and maintained;and
° Accurate to the required tolerances.
The weight ofany Materials weighed byanyone other than the Engineer will besubject tocheck weighing
oothe Engineer directs.
(c) Approaches'Vehicle scale approaches shall be:
° Ateach end ofthe scale platform;
° Straight and inline with the platform;and
° Long enough to accommodate combination vehicles longer than the scale platform so that they are
level and allow release ofbrakes before weighing.
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00190
(d) Inspections-Contractor shall have all scales certified,that is inspected and their accuracy tested, by
the Oregon Department of Agriculture, an analogous regulatory body for scales located outside the State,
or a scale service company as follows:
• Before use if installed at a new site;
• 60 Calendar Days after initial inspection;
• Every 6 months thereafter;and
• When the Engineer directs additional inspections.
No Materials weighed on scales without current certifications according to this Subsection will be
accepted. The Contractor shall provide a copy of all required certifications to the Engineer.
Testing by a scale service company within the State of Oregon shall comply with ORS 618.
If additional inspections directed by the Engineer confirm that the scale accuracy is within the required
tolerances,the Agency will pay the cost for inspecting and testing the scales. If the scale accuracy is not
within these tolerances,the Contractor shall pay the cost for inspecting and testing the scales.
(e) Inspection Results-If an inspection indicates the scales have been under-weighing (indicating less
than the true weight), the Agency will make no additional payment to the Contractor for Materials
previously weighed.
If an inspection indicates the scales have been over-weighing (indicating more than the true weight), the
weights will be reduced for Materials received after the time the Engineer determines the overweighing
began or, if that is not possible, after the last acceptable certification of the scales. The reduction will be
the amount of error in excess of the 0.2%maintenance tolerance allowed in the Contract.
(f) Contractor-Provided Weigh Technician-The Contractor shall provide a technician to operate
Contractor-provided vehicle weigh scales. The Agency may observe procedures and require check
weighing according to the following:
(1) Scale with Automatic Printer-If the scales have an automatic weigh memo printer that does not
require manual entry of gross weight information,the Agency may periodically have a representative at
the scales to observe the weighing procedures. In addition, the Engineer may periodically check the
weight for a load of Materials by directing the haul vehicle to reweigh on a different scale that has been
inspected and certified according to 00190.20(b)and 00190.20(d).
If a different scale is not available within a 30 mile round trip from the regular haul route the Agency will
allow check weighing on an approved alternate basis. Check weights within 0.4% of the Contractor-
provided weight are acceptable.
The Engineer will resolve discrepancies found by check weighing. Agency employee costs will be paid
by the Agency. The Contractor shall pay all other costs resulting from the check weighings, including
without limitation the use of other scales.
If more than 50 tons per Day of all types of Materials are received from a scale, the Contractor shall
make random check weighings at least every tenth Day on which more than 50 tons is received or at
each interval that 10,000 tons has been weighed, whichever occurs first, or as directed by the
Engineer. The Contractor shall make at least one check weighing on projects where more than 2,000
tons of all types of Materials are received from a scale. The Contractor shall provide the Engineer with
the results of the check weighing.
(2) Scale Without Automatic Printer-If the scales require manual entry of gross weight information,
the Agency may periodically have a representative weigh witness at the scales to observe the weighing
procedures. The Contractor shall inform the Engineer of his intent to use a scale without an automatic
printer at least 3 working Days before weighing begins or before the Contractor changes to a scale that
does not have an automatic printer. The Contractor shall pay costs for the weigh witness. The hourly
cost of the weigh witness will be as stated in the Special Provisions. In addition, the Engineer may
periodically check the weight for a load of Materials by directing the haul vehicle to reweigh on a
different scale that has been inspected and certified according to 00190.20(b)and 00190.20(d).
(3) Duties of Weigh Technician-The Contractor's weigh technician shall:
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00195
Section 00195—Payment
00195.00 Scope and Limit:
(a) General-The Agency will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Contract. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment, labor,
and Incidentals necessary to complete the Work;and for risk,loss,damage,and expense arising from the
nature or prosecution of the Work or from the action of the elements, subject to the provisions of
00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price
for each Pay Item of Work to be performed.
(b) Essential or Incidental Materials or Work-When the Specifications state that the unit price for a
Pay Item is compensation for certain Materials or Work essential or Incidental to the Pay Item, the same
Materials or Work will not be measured or paid under any other Pay Item.
00195.10 Payment For Changes in Materials Costs—This section is not used on this project.
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause—This section is not used on
this project
00195.20 Changes to Plans or Character of Work:
(a) insignificant Changed Work-If the changes made under 00140.30 do not significantly change the
character, quantity or unit cost of the Work to be performed under the Contract, the Agency will pay for
such work at the Pay Item price.
(b) Significant Changed Work-If the changes made under 00140.30 significantly alter the character,
unit cost,or lump sum cost of the Work,the Agency will adjust the Contract. The Contractor shall not be
entitled to compensation for any loss in profits resulting from elimination of, reduction of, or other change
to,a part of the Work.
Any such adjustments may be less than,but will not be more than the amount justified by the Engineer on
the basis of the established procedures set out in Section 00197 for determining rates for Extra Work, but
those procedures shall account for the decrease or elimination of Work as well as for increases in the
Work.This does not limit the application of Section 00199.
The term "Significant Changed Work" shall apply only to that circumstance in which the character of the
Work, as changed, differs materially in kind, nature, or unit cost from that involved or included in the
originally proposed construction.
For purposes of this Section,"Significant"is defined as:
a) An increase or decrease of more than 25 percent of the total cost of the Work calculated from
the original proposal quantities and the unit contract prices;or,
b) An increase or decrease of more than 25 percent in the quantity of any one major contract item.
For condition b) above, a major item is defined as any item that amounts to 10 percent or more of the
original total contract price.
00195.30 Differing Site Conditions-Upon written notification, as required in 00140.40, the Engineer will
investigate the identified conditions. If the Engineer determines that the conditions are differing Project site
conditions under 00140.40 and cause an increase or decrease in the cost or time required to perform any
Work under the Contract, an adjustment in the Contract Amount or Contract Time, excluding loss of
anticipated profits, will be made, and the Contract modified accordingly, in writing. The Engineer will notify
the Contractor as to whether or not an adjustment of the Contract is warranted.
No Contract adjustment which benefits the Contractor will be allowed unless the Contractor has provided the
required written notice. Any such adjustments will be made according to 00195.20.
00195.40 Unreasonable Delay by the Agency-If the Contractor believes that performance of all or any
portion of the Work is suspended, delayed, or interrupted for an unreasonable period of time in excess of
that originally anticipated or customary in the construction industry, due to acts or omissions of the Agency,
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00190
° Determine twice oDay, or as otherwise directed by the Engineer, the empty haul weights (tare
weights)ofhauling vehicles, unless vehicles are tared before each load;
°
Furnish daily a listing of the tare weights if 10 or more loads are hauled during that Day;
�
Furnish a note listing the net weight for each consecutive ten loads with the following load;
^
Furnish a daily listing of the net weights and total weight for each type of Material hauled during
that Day;and
�
Furnish m le#ib|e, umha||y numbered weigh memo for each load of Materials to the Agency's
yNatehmhu receiver at the point of de|kery, or as directed by the Engineer. The memo shall
identify the Project, Mateho|o, the dmte, net weight (gnmom and tare as oppu4ohah*), and
identification ofvehicle,driver and weigh technician.
00190.30 Plant Scales-The Contractor, with the Engineers written oppnovu!, may weigh plant-mixed
Materials onscales that have either:
° Anautomatic weight batching and mixing control printer system;ov
° Aweigh hopper printer system.
Any additional costs resulting from the use ofthese scales shall bebomebythe Contractor.Check weighing
will badone according hmOO19O.2OM).
Except for 00190.28(c) regarding approaches, the Contractor's use of plant uco|eo mhoU comply with all
provisions of0O19O.2O.
The Engineer's approval for the Contractor's use of plant scales to determine pay weightswi||ben*scindedif
check weighing or scale inspections indicate the scales donot consistently determine weights within the
tolerances allowed bystate law.
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00195
or persons acting for the Agency, and that additional compensation, Contract Time, orboth, are due the
Contractor because of the uumpmnakm, delay or interruption, the Contractor shall immediately file m written
notice of delay according to 00180.60. The Contractor abmU than promptly submit m properly supported
request for any additional compensation, Contract Time, or both, according bnthe applicable provisions in
OO18O.8Othrough OO18O.DUand Section OO1S3.
The Engineer will promptly evaluate e property submitted request for additional compensation. If the
Engineer determines that the delay was unnasonab|e, and that the cost required for the Contractor to
perform the Contract has increased as o result of the unreasonable nuspenoion, delay or interruption. the
Engineer will make anequitable adjustment,excluding profit, and modify the Contract inwriting accordingly.
The Engineer will notify the Contractor of the determination and whether an adjustment to the Contract is
warranted.
Under this provision,wuContract adjustment will beallowed
° Unless the Contractor has provided the written notice required byUO18U.GU;
° For costs incurred more than 10 Calendar Days bmhzna the Engineer receives the Contractor's
property submitted written request;
° For any portion of delay that the Engineer deems to be o reasonable de|ay, orfor which an
adjustment inprovided for orexcluded under other terms ofthe Contract;or
° To the extent that performance would nevertheless have been suspended, delayed or interrupted by
causes other than those described inthis Subsection.
00195.50 Progress Payments and Retained Amounts,
(a) Progress Payments-The Agencys payment of progress payments,or determination of satisfactory
completion of Pay Items or Work or release of retainage under 00195.50(d), shall not be construed
as Final Acceptance or approval ofany part ofthe Work, and shall not relieve the Contractor of
responsibility for defective Materials or workmanship or for latent defects and warranty obligations.
The estimates upon which progress payments are based are not represented to be accurate estimates.
All estimated quantities are subject to correction in the final estimate. If the Contractor u000 these
estimates as a basis for making payments to Subcontractors, the Contractor assumes all risk and bears
any losses that result.
Progress payments shall be determined through the use of forms developed by the Engineer.
(1) Progress Estimates-At the same time each month, the Engineer W411 make an estimate of the
amount and value ofPay Item Work completed. The amount mfWork completed will bethe sum ofthe
estimated number of units completed for unit price Pay Items plus the estimated percentage completed
oflump sum Pay Items.
The estimated value of the Work completed will be determined by using the Contract unit price for unit
price Pay |teme, and by using one of the following methods to determine the value of the lump sum
Pay Items:
• AContuactopmubmitted. Engineer-approved Schedule ofValues;or
° Enginee/sdmtenminaUon.whantberaionoappnoved.Contractor-submittedSnhedu|mofVo|umo.
The amounts to be o|lovws| for lump sum Pay Items in progress payments will not exceed the
reasonable value ofthe Work performed,asdetermined bythe Engineer.
Incidentals such aoformwork, fa|oavwork. shohng, and cribbing mho|| beincluded inthe unit prices for
the various Pay Items requiring their use,unless specified as a separate Pay Item. Nopayment will be
made for Pay Items that include Incidentals until units or portions of such Pay Item Work are in place
and completed. The costs of Incidentals will be paid in proportion to the percentage of Pay Item Work
completed.
(2) Value mfMaterials omHmnd—Thimaectioniuno*uoedonthispnoject.
(3) Value of Work Accomplished-The sum of the values in (1) and (2) above will be collectively
referred tointhis Subsection enthe"value ofWork mccomp|iahed".subject to(4)below.
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00195
(4) Limitations on Value of Work Accomplished'/ndetermining the"value of Work accomplished",
the Engineers estimate will be based on the unit phomn for the various Pay Items. Any amounts not
included in progress paymentsdumtooubstortia| medhemaUuo|unbahancingcfPeyhemphcaawh|| ba
included inthe final payment issued according toOO1Q5.&U(b).
(5) Reductions toProgress Payments'With each progress payment, the Contractor will receive a
Contract payment voucher and summary setting forth the value of Work accomplished reduced by the
following:
�
Amounts previously paid;
°
Amounts deductible orowed bnthe Agency for any cause specified inthe Contract;
o Additional amounts retained to protect the Agency's interests according to Subsection(e)below.
(t) Retainage'The amount to be retained from pnogn*me payments will be 596 of the value of Work
accomplished,and will beretained inone ofthe forms specified inSubsection(o)below.
Aoprovided in0D170.65(a)additional retainage of 25%of amounts earned will bewithheld and released
according to ORS 279C.845 when the Contractor tmi)u to file the certified statements required in [JRG
27QC.845. FHVVAForm 1273.and OO17O.G5.
(c) Forms of Retainage-Moneys retained by the Agency under ORS 279C.570(7)shall be retained in a
fund by the Agency and paid to the Contractor in accordance with ORS 279C.570. Upon written request
from the Contractor, other forms of acceptable retainage are specified below in Subsectionsthrough
(3). "Cash, Alternate is theAgency-preferred form ofretainage. |fthe Agency incurs additional costs
as e mmub of the Contractor's election to use o form of retainage other than Cash, Alternate A. the
Agency may recover such costs from the Contractor by a reduction of the final payment.
(1) Cash, Alternate A-Retainagewi|}bededucted from progress payments and held by the Agency
until final payment immade according hnOO1Q5.QO.unless otherwise specified inthe Contract.
Any retainage withheld on Work performed by u Subcontractor will be released to the Contractor
according hoOU195.5O(d).
(2) Cash, Alternate B (Retainage Surety Bond)'Upon receipt of an approved retainage surety
bond,the Agency will limit the amount ofcash retainage withheld bm$1O.0OO. The surety bond must ba
in the bond hnnn provided by the Agency. The bond must be provided by the same Surety that
provides the Performance and Payment Bonds.
If the Contractor elects this form of retainage, the Agency will withhold from progress payments upto
5%of the value of the Work accomplished as cash retainage until the retained amount equals$10,000.
After that amount in netained, nofurther cash retainage will be withheld until the additional required
retainage that would have been withheld exceeds the face amount of the retainage surety bond
provided. Thereafter, retainage will be withheld from pnqgnmos payments according to these
Specifications. According to 00195.50(b). if at any time the Agency determines that satisfactory
progress is not being made on the Work, the Agency may withhold up to 5%of the value of the Work
accomplished from subsequent progress payments.
If an acceptable retainage surety bond is provided,the Contractor shall notify all Subcontractors of the
existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7)
and ORS 701.435.
Amounts ofretainage withheld under the provision will beincluded inthe final payment according &m
00195.90,
Any retainage withheld on Work performed by Subcontractor shall be no|aoeed to the Contractor
according toOO1&5.5D(d).
(3) Bonds, Securities, and OthmrAnmtrumwmntx- In accordance with ORS 279C.560, unless the
Agency finds inwriting that accepting bond,security or other instrument poses an extraordinary risk
that isnot typically associated with the bond, security orother instrument, the Agency will approve the
Contnocto/o written requestho deposit bonda, omouhUeu orother instruments with the Agency orin o
custodial account or other account satisfactory to the Agency with an approved bank or trust company,
to be held instead of cash retainage for the benefit of the Agency. In such event, the Agency will
reduce the cash retainage by an amount equal to the value of the bondm, oocuhUeo and other
instruments. Interest orearnings on the bpnde, oeuuhbea and other instruments shall accrue 0othe
Contractor.
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00195
8onde, securities and other instrumento deposited instead of cash retainage shall be assigned to or
made payable 10 the Agency and shall bmofekind approved bythe Director ofthe Oregon Department
ofAdministrative Services,including but not limited to:
° Bills,certificates,notes orbonds ofthe United States;
° Other obligations ofthe United States pragencies ofthe United States;
• Obligations ofmcorporation wholly owned bythe federal government;
• Indebtedness ofthe Federal National Mortgage Association;
• General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon;
= Irrevocable letters of credit issued by an insured institution,as defined in ORS 706.008.
The Contractor shall execute and provide such documentation and instructions respecting the bonds,
securities and other instruments as the Agency may require to protect its interests. When the Engineer
determines that all requirements for the protection of the Ageno)(s interest have been fu|fi|led, the
bonds and securities deposited instead of cash retainage will be released to the Contractor.
(d) Reduction of Retainage'&o the Work pnogn»mmem, the amounts to be retained under (b) of this
Subsection are subject to reduction in the Engineer's on|e discretion. Retainage reductions will be
considered only anfollows:
• When the Work is 97.59& or more completed, the Engineer may, without application by the
Contractor,reduce the retained amount to 100%of the value of the Work remaining.
~ For a project funded by the FHVVA` when e subcontractor has satisfactorily completed all of its
Work, dmay request release ofretainage for that Work from the Contractor. The Contractor shall
request reduction of retainage in the amount withheld for the subcontractor's Work after certifying
to the Agency that the subcontractor's Work is comp|ete, and that all contractual requirements
pertaining tothe subcontractor's Work have been satisfied. Within OUCalendar Days ofthe end of
the month in which the Agency receives the Contractor's certification regarding the
subcontractor's Work,the Agency will either notify the Contractor pfany deficiencies which require
completion before release of retainage, or verify that the subcontractor's Work complies with the
Contract and release all retainage for that Work with the next scheduled progress payment.
Within 10 Calendar Days ofreceipt ofretainage, the Contractor shall pay tothe subcontractor all
such retainage released except for latent defects o,warranty.
° The Agency will only release retainage for satisfactorily completed portions of the Work
represented by Pay Items in the Schedule ofItems, orbyPay |0omo added by Change Order.
Work not represented by a Pay Item, but which constitutes part ofmnuncompleted Pay Item,will
not be regarded assatisfactorily completed Work for the purposes of this Subsection.
If retainage has been reduced or eliminated, Agency reserves the right to protect its interests by
retaining amounts from further progress payments at the rates provided in 00195.50(b).
(e) Withholding Payments'|naddition toany other rights the Agency may have towithhold payments
under other provisions of the Contract,the Engineer may withhold such amounts from progress payments
orfinal payment mwmay reasonably protect the AgenoVsinterests until the Contractor has:
° Complied with all orders issued by the Engineer according to the Specifications;and
° Satisfied all legal actions filed againstthe Agency,theAgenuyo governing body and its members,
and Agency employees that the Contractor ioobliged todefend. (see 00170.72)
Notwithstanding ORS 279C.555 or ORS 279C.570 or 00195.50(d), if Contractor is required to fiha
statements on the prevailing nate of wages, but fails to do so. the Agency will retain 25%of any amount
earned amrequired inOO17U.65.
(0 Prompt Payment Policy'Payments shall bmmade promptly according hmORS 27AC.578.
00195.60 Advance Allowance for Materials on Hand:This section ianot used onthis contract,
$0195.70 Payment under Terminated Cwntract'Payment for Work performed under a Contract that is
terminated according to the provisions of 00180.90 will be determined under(a)or(b)of this Subsection.
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00195
(a) Termination for Default-Upon termination of the Contract for the Contractor's default, the Agency
will make no further payment until the Project has been completed. The Agency will make progress
payments to the party to whom the Contract is assigned, but may withhold an amount sufficient to cover
anticipated Agency costs,as determined by the Engineer,to complete the Project.
Upon completion of the Project, the Engineer will determine the total amount that the defaulting
Contractor would have been entitled to receive for the Work, under the terms of the Contract, had the
Contractor completed the Work(the"cost of the Work").
If the cost of the Work, less the sum of all amounts previously paid to the Contractor, exceeds the
expense incurred by the Agency in completing the Work, including without limitation expense for
additional managerial and administrative services, the Agency will pay the excess to the Contractor,
subject to the consent of the Contractor's Surety.
If the expense incurred by the Agency in completing the Work exceeds the Contract Amount, the
Contractor or the Contractor's Surety shall pay to the Agency the amount of the excess expense.
The Engineer will determine the expense incurred by the Agency and the total amount of Agency damage
resulting from the Contractor's default. That determination will be final as provided in 00150.00.
If a termination for default is determined by a court of competent jurisdiction to be unjustified, it shall be
deemed a termination for public convenience, and payment to the Contractor will be made as provided in
Subsection(b)below.
(b) Termination for Public Convenience:
(1) General-Full or partial termination of the Contract shall not relieve the Contractor of responsibility
for completed or performed Work,or relieve the Contractor's Surety of the obligation for any just claims
arising from the completed or performed Work.
(2) Mobilization-If mobilization is not a separate Pay Item,and payment is not otherwise provided for
under the Contract, the Agency may pay the Contractor for mobilization expenses, including moving
Equipment to and from the Project Site. If allowed,payment of mobilization expenses will be based on
cost documentation submitted by the Contractor to the Engineer.
(3) All Other Work-The Agency shall pay the Contractor at the unit price for the number of Pay Item
units of completed, accepted Work. For units of Pay Items partially completed, payment will be as
mutually agreed, or, if not agreed, as the Engineer determines to be fair and equitable. No claim for
loss of anticipated profits will be allowed. The Agency will purchase Materials left on hand according to
00195.80.
00195.80 Allowance for Materials Left on Hand:
(a) Purchase of Unused Materials-If Materials are delivered to the Project Site, or otherwise
acceptably stored at the order of the Engineer, but not incorporated into the Work due to complete or
partial elimination of Pay Items, changes in Plans, or termination of the Contract for public convenience
according to 00180.90, and it is not commercially feasible for the Contractor to return them for credit or
otherwise dispose of them on the open market; the Agency will purchase them according to the formula
and conditions specified in Subsection(b)below.
(b) Purchase Formula and Conditions:
(1) Formula-The Agency will apply the following formula in determining the Contractor's allowance
for Materials left on hand:
Contractor's Actual Cost, plus 5% Overhead Allowance, minus Advance Allowances under 00195.60,
but no markup or profit.
(2) Conditions-The Agency will not purchase the Contractor's Materials left on hand unless the
Contractor satisfies the following conditions:
• Requests the Agency's purchase of unused Materials;
• Shows acquisition of the Materials according to 00160.10;
• Shows that the Materials meet Specifications;
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00195
° Provides receipts, bills and other records ofactual cost of Materials delivered tothe designated
delivery points;and
° Demonstrates tothe satisfaction ofthe Engineer that the materials cannot bmreturned for credit
orotherwise disposed ofonthe open market.
00195.90 Final Payment:
(m) Final Estimate-As soon as practicable after Final Inspection of the Project,as provided in 00150.90,
the Engineer will prepare a final estimate ofthe quantities of the Pay Items completed. With this estimate
ofquantities aeabase, the total amount due the Contractor will bedetermined according bothe terms nf
the Contract including without limitation any amounts due for Extra Work performed.
(b) Final Payment-The amount of final payment will be the difference between the total amount due the
Contractor and the sum ufall payments previouslynnnde. All prior partial estimates and payments shall
bosubject tocorrection inthe final estimate and payment.
After computation of the hno| amount due, and after Engineer's issuance of the Third Notification, 8md
payment will be mailed to the Contractor's last known address as shown in the records of the Agency.
Beginning 30 Calendar Days after the date of Third Notification, interest will begin to accrue at the rate
established by ORS 279C.570 on any money due and payable to the Contractor as final payment.
determined audescribed above. Nointerest will bepaid unmoney withheld due hmoutstanding amounts
owed bythe Contractor under the provisions ofOU17D.1O.
(c) NmWaiver wYRight to Make Adjustment-The fact that the Agency has made any measurement,
estimate, determination or certification either before or after completion of the Project, Final Acceptance,
Agency assumption ofpossession ofthe Project Site, determinationofsatisfactory completion of Pay
Items or Work or release of retainage under 00195.50(d) or payment for any part of the Work, shall not
prevent either party from:
° Showing the true amount and character ofthe Work;
° Showing that any measurement,estimate,determination or certification is incorrect;
° Recovering from the other party damages that may have been ouffon»d because the other party
failed hmcomply with the Contract.
(d) Evidence of Contractor Payments—As a condition of final payment, the Agency may require the
Contractor to submit evidence, satisfactory to the EnQ}neer, that all |m. material bi|ls, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of peyment, o surety bond
satisfactory to the Agency guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed bysurety bond.
00195.98 Error imFinal Quantities and Amounts:
(m) Request for Correction of Compensation'Ifthe Contractor believes the quantities and amounts
detailed in the final Contract payment xoucUer, prepared by the Engineer according to 00195.90, to be
incorrect, the Contractor nhmU submit an itemized statement to the Engineer detailing all proposed
corrections.
This statement must be submitted to the Engineer within 90 Calendar Days from the dote the voucher
was mailed tothe Contractor,according toDO195.SO(b). Any request for compensation not submitted and
supported by an itemized statement within the 90 Calendar Day period will not be paid by the Agency.
This does not limit the application ofSection 8O1QQ.
(k) Acceptance or Rejection wmRequest:
(1) Consideration of Request-The Engineer will consider and investigate the Contractor's request
for correction of compensation submitted according to 0019E05(o). and will promptly advise the
Contractor ofacceptance orrejection nfthe request infull orinpart.
(2) Acceptance of Rmqummt-|fthe Engineer accepts the Contractor's nequest(m)infull mrinpart,the
Engineer will prepare a post-final Contract payment voucher, including all accepted cnrn*ctiona, and
will forward dto the Contractor.
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00195
(3) Rejection of Request-If the Engineer rejects the request(s) in full, the Engineer will issue a
written notice of rejection and mail it to the Contractor.
(4) Contractor Objection to Revised Voucher or Notice of Rejection-If the Contractor disagrees
with the revised voucher or notice of rejection, the Contractor may seek review and resolution
according to the procedure specified in 00199.40. If the Contractor fails to submit a request
for 00199.40 review within 30 Calendar Days after the Engineer mails a post-final Contract payment
voucher or notice of rejection,the Contractor waives all rights to a claim based on errors in quantities
and amounts.
If the Engineer rejects the Contractor's request on the basis that the issue was not one that qualified
for treatment under this Section,no review according to 00199.40 will be allowed.
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00195
Section 00196-Payment for Extra Work
00196.$0 General 'Only work not included inthe Contract aoawarded but deemed bythe Engineer bmbm
necessary to complete the Project(see 00140.60)will be paid as Extra Work. Regardless ofalterations and
ohanges, any item of Work provided for in the Contract will not constitute Extra Work. Payment for
alterations and changes boWork will bemade according toQO196.2O.
Compensation for Extra Work will be paid only for Work authorized in writing by the Engineer and performed
as specified. Work performed before issuance of the Engineers written authorization shall be at the
Contractor's risk. Extra Work will be paid as determined by the Engineer, according to 00196.10 and
00196.20.
00196.10 Negotiated Price-If the Engineer can reasonably determine a price estimate for Extra Work,the
Engineer may then give written authorization to the Contractor to begin the Extra Work. As noon as
pnouUoab|e, but within 10 Calendar Days after that authorization, the Contractor shall respond in writing to
the Engineer's Extra Work price estimate by submitting to the Engineer an ExtmVVork price quote. The
price quote shall detail the following items related bmthe Extra Work:
° Types and amounts ofMaterials
° Hours ofEquipment use and hours uflabor
~ Travel
° Overhead and profi1
° Other costs associated with the proposed Extra Work
Pending approval of the price quote,the Engineer will maintain force account records of the Extra Work. As
moon as practicable, but within 10 Calendar Days of receipt of properly supported price quote. the
Engineer will review the price quote and advise the Contractor if it is accepted or rejected. The Engineer will
not accept m phma quote that cannot be justified on a Force Account basis. If the Contractor's price in
accepted,the Engineer will issue a Change Order,and the Extra Work will be paid at the accepted price.
00196.20 Force Account-|fthaEngineerand the Contractor cannot agree oneprice for the Extra Work,
the Engineer may issue aForce Account Work order requiring the Extra Work 0mbepaid amForce Account
Work. Force Account Work records and payment will be made according to Section 00197.
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00197
Section 00197-Payment for Force Account Work
00197.00 Scope'The Materials, Equipment and Labor rates and procedures established in this Section
apply only to Extra Work ordered by the Engineer to be performed as Force Account Work.
0$197'01 Extra Work mma Force Account Basis-Before ordering Force Account Work,the Engineer will
discuss the proposed work with the Contractor, and will seek the Contractor's comments and advice
concerning the formulation of Force Account Work specifications. The Engineer is not bound by the
Contractor's comments and advice,and has final authority to:
° Determine and direct the Materials, Equipment and Labor to be used on the approved Force Account
Work;and
° Determine the time of the Contractoes performance of the ordered Force Account Work.
Fpom account work performed bysubcontractors will be measured and paid for on the same basis and in
the same manner aaforce account work performed directly bythe Contractor.
If the Engineer orders the performance of Extra Work as Force Account Work,the Engineerwill record,
daily basis, the Metede|e. Equipment, and Labor used for the Force Account Work during that day. The
Engineer and the Contractor shall sign the record daily to indicate agreement on the Mateha|o. Equipment,
and Labor used for the Force Account Work performed unthat day.
The following shall bareflected onthe daily record:
° Materials used in the Force Account Work as directed by the Engineer, except those furnished and
paid under rental rates for use ofEquipment;
° Equipment which the Engineer considers necessary to perform the Force Account Work. Equipment
hours will borecorded tothe nearest quarter hour;
° Labor oonts, including that of Equipment operators and supervisors in direct charge of the specific
operations while engaged inthe Force Account Work;and
° The EnQinooesand Contractor's signatures confirming its accuracy.
00197.10 Materials:
(a) General-The Contractor will be paid for Materials actually used in the Force Account Work as
directed by the Engineer,except for those furnished and paid for under rental rates included with the use
of Equipment. Payments will beatactual cost, including transportation costs tothe specified kxcadnn,
from the supplier to the purchaser, whether the purchaser is the Contractor, o SubcmnUactor, or other
forces. All costs are subject bmthe provisions ofthis Subsection.
(b) Trade Discount-If a commercial trade discount is offered or available to the purchaser, it shall be
credited tnthe Agency,even though the discount may not have actually been taken. The Agency will not
take any discounts for prompt or early payment,whether or not offered or taken.
(c) Not Directly Purchased From Supplier-KMaterials cannot beobtained bydirect purchase from
and direct billing by the supplier, the cost shall be considered to be the price billed to the purchaser less
commercial trade discounts,omdetermined bythe Engineer,but not more than the purchaser paid for the
YNo1eho|o. Nomarkup other than actual handling costs will bepermitted.
(d) Pwmzhmeex-O�xmmd Somrce-If Materials are obtained from asupply orsource wholly urpartly owned
bythe purchaser,the cost shall not exceed the price paid by the purchaser for similar Materials furnished
from that source on Pay |temmo, or the current wholesale price for the Materials delivered to the Project
Site,whichever imlower.
00197.20 Equipment:
(m) General-Equipment approved by the Engineer to perform the Force Account Work will be eligible for
payment at the established rates only during the hours it is operated or on standby if so ordered by the
Engineer. Equipment hours will berecorded onthe daily record tothe nearest quarter hour.
Except as modified by these pmvioionn. Equipment use approved by the Engineer will be paid at the
rental rates given in the most current edition of the Rental Rate Blue Books for Construction Equipment
("Blue Book"),Volumes 1,2,and 3,published by Penton Media, Inc.,and available from EquipmentWatch
(phone 1-800-669-3282).
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00197
(b) Equipment Description'Onthe billing form for Equipment costs, the Contractor shall submit 0mthe
Engineer sufficient information for each piece vfEquipment and its attachments boenable the Engineer ho
determine the proper rental rate from the Blue Book.
(o) Rental Rates(without Operator):
(1) Rental Rate Fonmulm-Renta| rates for Equipment will be paid on an hourly basis for Equipment
and for attachments according 0othe following formula:
�m
Hourly Rate Monthly' 176 hours/month = + HoudyOperating Rate
Some attachments are considered"standard Equipment"and are already included in the monthly base
rate for the Equipment. That information can bmobtained from EquipnemtWatch.
(2) Monthly Base Rate'The monthly base rate used above for the machinery and for attachments
represents the major costs ofEquipment ownership, such as depreciation, interest, texao, insurance,
storage,and major repairs.
(3) Rate Adjustment Factor—The rate adjustment factor used above will be determined by applying
only the Model Year Adjustment to the EUma Book Rotes. The Regional and User Defined
Ownership/Operating Adjustments shall not apply.
(4) Hourly Operating Rate'The hourly operating rm$* used above for the machinery and for
attachments represents the major costs ofEquipment operations, such as fuel and oil, lubrications,
field repairs,tires orground engaging components,and expendable parts.
(5) Limitations
|fmultiple attachments are included with the rental Equipment, and are not considered "standard
Equipment", only the attachment having the higher rental rate will be eligible for payment, provided the
attachment has been approved by the Engineer as necessary tothe Force Account Work.
Rental will not be oUuvwad for small tools that have a daily rental rate of less than $5, or for unlisted
Equipment that has afair market value ofu4OOorless.
The above rotes apply to approved Equipment in good working condition. Equipment not in good
working condition. or larger than required to efficiently perform the vwork, may be rejected by the
Engineer mraccepted and paid for o1reduced rates.
(d) Moving Eqmipmemt-|f it is necessary to transport Equipment located beyond the Project Site
exclusively for Force Account Work, the actual cost totransport the Equipment to, and return it from, its
On-Site Work location will beallowed nsonadditional item ofexpense. However, the return cost will not
exceed the original delivery cost. These costs will not beallowed for Equipment that is brought 0mthe
Project Site for Force Account Work if the Equipment is also used on Pay Item or related Work.
|ftransportation of such Equipment i by common carrier, payment will be mode in the amount paid for
the freight. No markups will be allowed on common carrier transportation costs. If the Equipment is
hauled with the Contractor's own forces,transportation costs will include the rental rate of the hauling unit
and the hauling unit operator's wage. If Equipment is transferred under its own power, the rental rate
allowed for transportation time will be 75% of the appropriate hourly rate for the Equipment, without
attachments, plus the Equipment operator's wage.
(m) Standby Time-|fordered bythe Engineer,standby time will bepaid at4O%mf the hourly rental rate
calculated according to this Subsection, excluding the hourly operating rate. Rates for standby time that
are calculated at less than$1 per hour will not be paid. Payment will be limited to not more than 8 hours
ine24'hourperiod nr4Ohours inaiweek period. Standby Time provisions shall also apply 0nSection
OO1Q5—Payment,
@] Blue Book Onmimmiomm-|f a rental rate has not been established in the Blue Bcoh, the Contractor
may:
°
If approved by the Enginaer, use the rote of the most m|mi|mx model found in the Blue Book,
considering such characteristics as manufacturer,capacity,horsepower,age and fueltype;Rmqueg
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00197
EquipmentWatch bmfuniahmwritten response for mrental rate onthe Equipment, which shall be
presented tothe Engineer for approval;cv
°
Request that the Engineer establish arental rate.
(g) Outside Rental Equipnment-|f Contractor-owned or Subcontractor-owned Equipment is not
available, and Equipment is rented from outside umunxue, payment will be based on the actual paid
invoice. Approval of the Engineer to rent from outside sources must be obtained prior to renting the
equipment.
If the invoice specifies that nunto| rate does not include fuel, |ubhcanto, field napoimu, and mawicing, an
amount equal to the Blue Book hourly operating cost may be added for those items that were excluded.
The Agency may reduce the payment when the invoice amount plus allowance is higher than the amount
authorized under(c)through A0ofthis Subsection.
The provisions of0Oi8O.2O(c)apply bmowner-operated Equipment.
00197.30 Labor'The Contractor will be paid fbr all labor engaged directly on Force Account VVmrk,
including Equipment operators and supervisors in direct charge of the specific force account operations, as
follows:
(a) Wages'The actual wages paid to laborers and supervisors, if those wages are paid at rates not
more than those for comparable labor currently employed on the Pnoject, or at the n*coQnirad,
current,prevailing rates inthe locality ofthe Project.
(b) Required Contributions'The actual cost of industrial accident insunmnoo, unemployment
compensation contdbuUono, payroll transit district tams, and social security for old age assistance
contributions incurred or required under statutory law and these Specifications. The actual cost of
industrial accident insurance is the National Council on Compensation Insurance (NCCI)rate for the
assigned risk pool for the appropriate work class multiplied by the experience modification factor for
the Contractor.
(c) Required Benefits-The actual amount paid to, or on behalf of, workers as per them and travel
aUowmnmes, health and welfare benafitm, pension fund benefits, or other benefits when such other
benefits are required by collective bargaining agreement orother employment contract generally
applicable bothe classes oflabor employed nnthe Project.
(d) Overtime-No overtime will be compensated unless authorized in advance of performing the
Work bythe Engineer.
00197'$0 Percentage AlUmvamces-TotheControctors actual costs incurred, as limited inthis Section
00197, amounts equal to a percentage markup of such costs will be allowed and paid to the Contractor as
0m|lows:
Subsection Percent
00197.10 Materials 17
00197.20 Equipment 17
00197.30 Labor 22
When aSubcontractor performs orderedF Account Work,the Contractor will beallowed asupplemental
markup of8%oneach Force Account Work order.
These allowances made to the Contractor will constitute complete compensation for bonds, inmunonoe,
nverhead, general and administrative empenom, profit, and all other Force Account Work costs that were
incurred by the Contractor, or by other honcyu that the Contractor fumishod. No other reimbursement,
compensation,orpayment will bemade.
00197.90 Billings-Billings for Force Account Work by the Contractor shall be submitted for the Engineer's
approval onforms provided bythe Agency orapproved bythe Engineer. Billings for Materials (other than
Incidental items out of the inventory of the Contractor or Subcontractors), rental Equipment from sources
other than the Contractor or Subcontractors, and Special Servi000, shall be accompanied by copies of
invoices for the goods and services. The invoices shall befully itemized showing dates, quon||Uen, unit
prices, and complete descriptions of goodsand services provided. Invoices for amounts ofs1Oorless per
invoice are not required, unless requested bythe Engineer.
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00197
Costs included on the billings shall comply with 00197.01(a)and 00197.10 through 00197.40.
When a billing for Force Account Work has been paid at the Project level,no further corrections will be made
because of further review if those corrections amount to less than$10.
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00199
Section 00199-Disagreements,Protests,and Claims
00199.00 General-This Section details the process through which the parties agree to resolve any
disagreement concerning additional compensation or concerning a combination of additional compensation
and Contract Time. (See 00180.80 for disagreements and claims concerning additional Contract Time only,
and 00195.95 for disagreements and claims concerning correction of final compensation.) The Agency will
not consider direct disagreements, protests,or claims from subcontractors, Suppliers,or any other Entity not
a party to the Contract.
00199.10 Procedure for Resolving Disagreements-When disagreements occur concerning additional
compensation or a combination of additional compensation and Contract Time, the Contractor shall first
pursue resolution through the Engineer of all issues in the dispute, including without limitation the items to
be included in the written notice in 00199.20. If the discussion fails to provide satisfactory resolution of the
disagreement, the Contractor shall follow the protest procedures outlined in 00199.20. If the Engineer
denies all or part of the Contractor's protest, and the Contractor desires to further pursue the issues, the
Contractor shall submit a claim for processing according to 00199.30.
00199.15 Inappropriate Protest or Claim-It shall be presumed that the Contractor submits a protest or
claim for additional compensation in good faith, based upon facts which reasonably support the Contractor's
position and with full knowledge and understanding of the injury done to the Agency when notice of differing
Project Site conditions or claims for additional compensation are not submitted in a timely manner as
required under the Contract. Accordingly, the submission of a protest or claim without the concurrent
submission of evidence that reasonably supports the protest or claim,or the submission of a protest or claim
in an untimely manner will constitute a waiver of the protest or claim.
00199.20 Protest Procedure-f the Contractor disagrees with anything required in a Change Order or
other written or oral order from the Engineer, including any direction, instruction, interpretation, or
determination, or if the Contractor asserts a disagreement or dispute on any other basis, except 0195.95,
that, in the Contractor's opinion, entitles or would entitle the Contractor to additional compensation or a
combination of compensation and Contract Time, the Contractor shall do all of the following in order to
pursue a protest and preserve its claim:
(a) Oral Notice-Give oral notice of protest to the Engineer and outline the areas of disagreement
before starting or continuing the protested Work.
(b) Written Confirmation of Oral Notice— Not later than the end of the next business day following
the day that oral notice of protest is given,deliver written documentation to the Engineer of the oral notice
that includes the notice of protest and the areas of disagreement.
(c) Written Notice-File a proper written notice of protest with the Engineer within 7 Calendar Days
after receiving the protested order. In the notice the Contractor shall:
• Describe the acts or omissions of the Agency or its agents that allegedly caused or may cause
damage to the Contractor or to the Project,citing specific facts, persons,dates and Work involved;
• Describe the Contractor's proposed alternative to the Work ordered, if any,which will avoid damage
to Contractor or to the Project;
• Describe the nature of the damages;
• Cite the specific Contract provision(s), if any,that support the protest;
• Include the estimated dollar cost, if any, of the protested Work, and furnish a list of estimated
Materials, Equipment and labor for which the Contractor might request additional compensation;and
• If additional compensation is estimated to be due, include the estimated amount of additional time
required, if any.
FAILURE TO COMPLY WITH THIS NOTICE REQUIREMENT RENDERS THE NOTICE IMPROPER
AND SHALL CONSTITUTE A WAIVER OF ANY CLAIM FOR ADDITIONAL COMPENSATION OR A
COMBINATION OF ADDITIONAL COMPENSATION AND CONTRACT TIME FOR ANY PART OF THE
PROTESTED WORK.
(d) Engineer's Record and Response-The Engineer will file a copy of each written notice of protest
in the Project records and will issue a written response to the protest within seven (7) Work Days of
receipt of a timely filed written notice of protest. The Engineer has no responsibility to evaluate the
protest unless the Contractor has timely filed a proper notice submitting all of the above information.
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00199
(e) Final Documentation of Claim-Within 60 Calendar Days following completion of the protested
work, Contractor shall provide the Engineer with complete documentation of protested work, listing exact
materials, equipment and labor used for the work and the dollar amount requested for each. If the claim
is accepted, no additional compensation will be awarded based on documentation submitted after this
deadline. If the claim is denied or if the Contractor is not satisfied with the decision by the Engineer, the
amount claimed by the Contractor in any subsequent Step or proceeding may not exceed the dollar
amount requested under this subsection.
(f) Records-Keep complete records of all costs and time incurred throughout the protested Work,and
allow the Engineer access to those and other supporting records. Provide daily records of protested
Work,on a weekly basis,on a schedule to be set by agreement with the Engineer.
(g) Comparison of Records-Provide the Engineer adequate facilities for keeping cost and time
records of the protested Work. The Contractor and the Engineer will compare records and either bring
them into agreement at the end of each day,or record and attempt to explain any differences.
(h) Work to Proceed-In spite of any protest,proceed promptly with the Work ordered by the Engineer.
(i) Evaluation of Protest-The Engineer has no responsibility for evaluating a protest that is not timely
filed, or for which adequate supporting documentation has not been made available to the Engineer.
Provided the procedures above are followed, the Engineer will promptly evaluate all protests, after the
Contractor has fully complied with the requirements described in 00199.20(c), Written Notice. If the
protest is denied, the Engineer will notify the Contractor in writing of the reasons for full or partial denial.
If a protest is found to be valid,the Engineer will,within a reasonable time, make an equitable adjustment
of the Contract. Adjustment of time will be evaluated according to 00180.80.
The Engineer has no responsibility for evaluating and may reject a protest that does not comply
with 00199.20(b). If the protest is rejected,the Engineer will notify the Contractor in writing of the reasons
for rejection.
0) Protest Evaluation by Third Party Neutral-If the Engineer agrees that the Contractor has fully
complied with the requirements described in 00199.20(b), and if the Engineer fully or partially denies, in
writing, the Contractor's protest according to 00199.20(f), the Contractor may request that a mutually
selected Third Party Neutral review the protest. Procedures for selecting, using, and paying for the cost
of the Third Party Neutral will be specified by Change Order.
If the Contractor does not accept the Engineer's evaluation of the protest, or either the Contractor or
Engineer disagrees with the resolution recommended by the Third Party Neutral, the Contractor may
pursue a claim as described in 00199.30.
00199.30 Claims Procedure:
(a) General-If the Contractor believes that additional compensation is due, or a combination of
additional compensation and Contract Time, and has pursued and exhausted all the procedures provided
in 00199.10 and 00199.20 to resolve a disagreement and protest,the Contractor may file a claim.
The Agency's Contract is with the Contractor. There is no contractual relationship between the Agency
and any subcontractors, Suppliers or any Entity other than the Contractor. It is the Contractor's
responsibility to fully evaluate any claim before presenting it to the Agency. In addition, when a claim
includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the
Contractor,the Contractor remains solely responsible for presenting the claim to the Agency.
Claims that include Work done or costs incurred by subcontractors,Suppliers,or any Entity other than the
Contractor will not be considered by the Agency unless the Contractor has:
• Completed and provided its own written evaluation of the claim;
• Verified by its own independent review and evaluation of the amount of compensation sought;and
• Certified the claim in accordance with 00199.30(b)(Part 10).
(b) Claims Requirements-At any time during the progress of the Work, but not later than 45 Calendar
Days following the date of the Second Notification, the Contractor shall submit to the Engineer in writing,
claims for additional compensation or a combination of additional compensation and Contract Time
additional to that specified in the Contract. For a claim not submitted within the 45 day limit, that has not
met the requirements of 00199.20, or is not filed as provided in 00199.30, the Contractor waives any
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00199
claim for additional compensation or for additional compensation and Contract Time,and the Agency may
reject the claim.
Written claims to the Engineer or the Agency by the Contractor shall be delivered to the Agency address
shown in the Public Improvement Contract, unless a different address is agreed to by the Engineer, and
shall be delivered:
• By U.S. Postal Service first class mail or priority mail (which at the sender's option may include
certified or registered mail return receipt requested);or
• By overnight delivery service of a private industry courier.
• Claims will be considered as having been received by the Agency:
• At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for
delivery by first class or priority mail,whichever is earlier;or
• At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
The Agency reserves the right at any time and at any step in the claim decision or review process to
request additional information, records or documentation related to the claim or the Contract either
directly or through agents working toward resolution of the disputed or claimed events and issues.
Claims shall be made in writing, and shall include all information, records and documentation necessary
for the Agency to properly and completely evaluate the claim.
To be considered, claims for additional compensation, or for additional compensation and Contract Time,
shall be completed according to 00199.30 and shall be submitted with the required information and in the
format below and labeled as required below for each claimed issue:
(Part 1) Summary (label page 1.1 through page 1.X)-In the summary, include a detailed, factual
statement of the claim for additional compensation and Contract Time,if any,with necessary dates and
locations of Work involved in the claim and the dates of when the event arose. Also include detailed
facts supporting the Contractor's position relative to the Engineer's decision(see 00199.20(f));
(Part 2) Proof of notice(label page 2.1 through page 2.X)-Submit a copy of the written notice,with all
attachments, that was given to the Agency. Include the date when that written notice and the date
when oral notice was given:
(Part 3) Copies of the Contract Specifications that support the Contractor's claim (label page 3.1
through page 3.X);
(Part 4) Theory of entitlement supporting the claim (label page 4.1 through page 4.X)-Include a
narrative of how or why the specific Contract Specifications support the claim and a statement of the
reasons why such Specifications support the claim;
(Part 5) Itemized list of claimed amounts (label page 5.1 through page 5.X)-Claimed damages that
resulted from the event with a narrative of the theories and records and documents used to arrive at
the value of the damages;
(Part 6) Additional Contract Time requests (label page 6.1 through page 6.X)-If the claim is for a
combination of additional compensation and Contract Time, submit a copy of the schedule that was in
effect when the event occurred and a detailed narrative which explains how the event impacted
Contract Time. In addition, if an Agency-caused delay is claimed:
• Include the specific days and dates under claim;
• Provide detailed facts about the specific acts or omissions of the Agency that allegedly caused
the delay,and the specific reasons why the resulting delay was unreasonable;and
• Provide a schedule evaluation that accurately describes the impacts of the claimed delay.
• Also see 00180.80 for additional requirements regarding claims for Contract Time and causes
that are eligible and ineligible for consideration;
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(Part 7) Copies of actual expense records (label page 7.1 through page 7.X)-Include documents that
contain the detailed records and which support and total to the exact amount of additional
compensation sought. Include the information and calculations necessary to support that amount.
That amount may be calculated on the basis of Section 00197, if applicable, or may be calculated
using direct and indirect costs presented in the following categories:
• Direct Materials;
• Direct Equipment. The rate claimed for each piece of Equipment shall not exceed the actual cost.
In the absence of actual Equipment costs, the Equipment rates shall not exceed 75 percent of
those calculated under the provisions of 00197.20. For each piece of Equipment,the Contractor
shall include a detailed description of the Equipment and attachments,specific days and dates of
use or standby,and specific hours of use or standby;
• Direct labor;
• Job overhead;
• General and administrative overhead;and
• Other categories as specified by the Contractor or the Agency;
(Part 8) Supporting records and documents (label page 8.1 through page 8.X)-Include copies of, or
excerpts from the following:
• Any documents that support the claim,such as manuals standard to the industry and used by the
Contractor; and
• Any daily reports or diaries related to the event, photographs or media that help explain the issue
or event(optional),or all other information the Contractor chooses to provide(optional);
(Part 9) Certification (label page 9.1 through 9.X)-A certified statement, signed by a person
authorized to execute Change Orders, by the Contractor, subcontractor, Supplier,or Entity, originating
the claim,as to the validity of facts and costs with the following certification:
Under penalty of law for perjury or falsification, the undersigned, (Name), (Title), (Company)
certifies that this claim for additional compensation for Work on the Contract is a true statement of
the actual costs incurred (in the amount of $ , exclusive of interest) and is fully
documented and supported under the Contract between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day of , 20
Notary Public
My commission expires
(Part 10) Contractor evaluation of a lower tier claim (label page 10.1 through 10.X)-If the claim
includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the
Contractor,the following are required:
• Data required by the other Subsections of 00199.30(b);
• Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of
which the claim originates,separate evaluation of entitlement;
• Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of
which the claim originates, independent verification and evaluation of the amount of damages
sought; and
• A person authorized to execute Change Orders on behalf of the Contractor, subcontractor,
Supplier and Entity, at all tiers above the level of which the claim originates, must sign a
statement with the following certification:
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Under penalty of law for perjury or falsification, the undersigned,
(Name) (Title), (Company) certifies that this claim originating from the subcontractor,
Supplier or Entity (Company) for additional compensation for Work on the Contract is a
reasonable statement, independently verified, of the costs incurred (in the amount of
$ , exclusive of interest) and is fully documented and supported under the
Contract between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day of 20
Notary Public
My commission expires
If the Engineer determines that additional information, records or documentation is needed to allow
proper evaluation of the claim submittal, the Engineer will request the information, records or
documentation. The Contractor shall submit to the Engineer within 14 Calendar Days, or as otherwise
agreed by the parties,the required additional information, records and documentation.
If the Engineer determines that the claim submittal with the additional information, records and
documentation submitted is incomplete and not accepted as a claim, the Engineer will notify the
Contractor in writing and the submittal will be rejected and will not be considered under 00199.40.
(c) Records Requirements-The Contractor shall comply with 00170.07.
(d) Compliance Required-Full compliance by the Contractor with the provisions of this Section is a
condition precedent to the commencement of any lawsuit by the Contractor to enforce any claim.
00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies-The Agency intends to
resolve all claims at the lowest possible administrative level. The Engineer will also determine whether
multiple claims should be advanced separately or together.
If the Engineer denies the claim for additional compensation or a combination of additional compensation
and Contract Time, in full or in part, according to 00199.40(a), the Contractor may request review of the
denial. The disputed claim for additional compensation or a combination of additional compensation and
Contract Time may then be resolved, in full or in part, at any of the progressive steps of claim review
procedure as specified in(b)through(c)of this Subsection.
If the Engineer has denied a claim, in full or in part, for Contract Time only according to 00180.80, or has
denied a claim, in full or in part, for correction of final compensation according to 00195.95, those disputed
claims may then be resolved, in full or in part, at either of the two progressive steps of claim review
procedure as specified in(b)through(c)of this Subsection.
A person authorized by the Contractor to execute Change Orders on behalf of the Contractor must be
present and attend all claim hearings. For all claims, all of the actions and review under each step of the
review process shall occur before the review can be advanced to the next higher step.
If, at any step in the claim decision or review process, the Contractor fails to promptly submit requested
information or documentation that the Agency deems necessary to analyze the claim, the Contractor is
deemed to have waived its right to further review, and the claim will not be considered properly filed and
preserved.
(a) Decision by the Engineer-The Engineer will, as soon as practicable, consider, investigate, and
evaluate a Contractor's claim for additional compensation, or for a combination of additional
compensation and Contract Time, if submitted as required by 00199.30.
Once the Engineer determines the Agency is in receipt of a properly submitted claim, the Engineer will
arrange a meeting,within 21 Calendar Days or as otherwise agreed by the parties, with the Contractor in
order to present the claim for formal review and discussion.
If the Engineer determines that the Contractor must furnish additional information, records or
documentation to allow proper evaluation of the claim,the Engineer will schedule a second meeting,to be
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00199
held within 14 Calendar Days or as otherwise agreed by the parties,at which the Contractor shall present
the requested information, records and documentation.
The Engineer will provide a written decision to the Contractor within 30 Calendar Days of the last
Engineer-level meeting.
If the Contractor does not accept the Engineer's decision,the Contractor may,within 10 Calendar Days of
receipt of the written decision, request in writing that the Engineer arrange a review at Step 1 (see (b)
below).
(b) Step 1: Public Works Director Level Review-The Contractor shall request that the Engineer
arrange a meeting with the Public Works Director or the Public Works Director's designee,as determined
by the Public Works Director, in order to present the denied or partially denied claim for formal review and
discussion. The meeting will take place within 21 Calendar Days of the Agency's receipt of the request,
or as otherwise agreed by the parties.
If the Public Works Director (or designee) determines that the Contractor must furnish additional
information, records or documentation to allow proper evaluation of the claim, the Public Works Director
(or designee) will schedule a second meeting, to be held within 14 Calendar Days, or as otherwise
agreed by the parties, at which the Contractor shall present the requested information, records and
documentation.
The Public Works Director (or designee) will provide a written decision to the Contractor within
30 Calendar Days of the last meeting with the Public Works Director(or designee).
The claim is subject to 00199.60, if not all of the records requested by the Public Works Director (or
designee)were furnished. If applicable,advancement of the claim is subject to the provisions of 00199.60
regarding waiver and dismissal of the claim or portions of the claim.
If the Contractor does not accept the decision, the Contractor may, within 180 Calendar Days from the
date of receipt of the Public Works Director(or designee)written decision or within 90 Calendar Days of
the date of Second Notification,whichever is later, initiate Step 2 as set forth in subsection(c)below.
(c) Step 2:Arbitration and Litigation-The Contractor must follow each step in order, and exhaust all
available administrative remedies before resort to arbitration and litigation. Litigation of a claim that
cannot be resolved in Step 1 shall be initiated by filing a complaint in the Circuit Court for the State of
Oregon in the county where the Agencys main office is located that contains a stipulation to arbitration
under ORS 36.410. The claim and all cross and counter-claims filed in response to the complaint shall be
submitted to the Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon
Uniform Trial Court Rules and the Circuit Court supplemental local rules concerning arbitration. Either
party may seek, and shall be entitled to, an order directing the other party to submit to arbitration as
provided herein and to judgment for its costs, expenses and attorney fees in obtaining and enforcing the
order
In no event shall this Subsection be construed as a waiver by the Agency or by the State of Oregon on
any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based
on the Eleventh Amendment to the Constitution of the United States or otherwise,from any claim or from
the jurisdiction of any court.
(d) Payment of Costs, Expenses and Attorney's Fees-The prevailing party shall be entitled to an
award for reasonable costs and expenses incurred after the initiation of Step 2, including costs and
expenses incurred for arbitration, trial de novo and on appeal. Costs and Expenses shall include, but
shall not be limited to, reasonable attorney fees and expenses, arbitrator fees and expenses,and costs of
discovery
As used in this subsection 00199.40(d), "prevailing party"for an arbitration award means(1)a Contractor
who has received an arbitration award, exclusive of interest, costs and expenses, that is more than the
dollar amount claimed by the Contractor in its Final Documentation of Claim under 00199.20(d)or(2)the
Agency if there is no arbitration award to the Contractor or if the arbitration award to the Contractor,
exclusive of interest, costs and expenses, is less than the dollar amount of the award in the Step 1
decision. For all other arbitration awards,there shall not be a"prevailing party."
The award of costs and expenses after trial de novo shall be made as provided for in ORS 36.425. The
award of costs and expenses after appeal from a judgment entered after trial de novo shall be to the
prevailing party designated as such by the appeals court.
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The Contractor shall comply with 00170.00.
00199.50 Mediation-Notwithstanding the formal claims procedure specified above, the parties may enter
into nonbinding mediation by mutual agreement at any time, in which case the parties may also agree to
suspend the time requirements in Section 00199 pending the outcome of the mediation process. The rules,
time and place for mediation,as well as selection of the mediator,shall be established by mutual agreement.
Costs shall be divided equally between the Contractor and the Agency. Either party may terminate
mediation at any time upon 5 Calendar Days notice to the other, after which the time requirements of
Section 00199 shall be automatically reinstated and shall resume from the point at which the time
requirements were suspended.
00199.60 Review of Determination Regarding Records-If not all of the records requested by the
Agency under 00199.40(c)Step 2 were provided,then the Agency will determine:
• If the records are of the type described in 00170.07; and
• If the records have not been maintained or the records, or access to the records, has not been
provided to the Agency as required by 00170.07 and this Section;and
• If the records are material and necessary for proper evaluation of part or all of the claim;and
• The portions of the claim for which the records are material and necessary for proper evaluation.
If the Agency makes the foregoing determinations, then subject to the review process described below, all
portions of the claim for which the Agency determined the records are material and necessary for proper
evaluation are immediately waived and irrevocably dismissed.
Even if the records have not been maintained or the records, or access to the records, have not been
provided to the Agency in a given instance, the Agency may determine that sufficient records have been
provided for the Agency to properly evaluate the claim in that instance. If the Agency makes this
determination,the claim or portions of the claim will not be waived or dismissed under this provision.
If the Contractor does not accept the Agency written determination that the records are material and
necessary for proper evaluation of part or all of the claim,and the portions of the claim for which the records
are material and necessary, the Contractor may, within 14 Calendar Days of receipt of the Agency
determination, request, in writing, a review of such determination by the Public Works Director(or designee).
If the Contractor does not request a review of the Agency determination, the Agency determination shall
then become the Agency's final determination as of the expiration of the time limit to request review.
If the Contractor requests the review,the Public Works Director(or designee)will schedule a review meeting
within 14 Calendar Days, or as otherwise agreed by the parties, of when the Public Works Director (or
designee)receives the written review request. The Agency and the Contractor will each have an opportunity
to explain their respective positions at the review meeting in a manner determined by the Public Works
Director(or designee).
Within 10 Calendar Days of the review meeting, the Public Works Director(or designee)will issue a written
proposed finding of whether the records not maintained or not provided to the Agency, or for which access
was not provided to the Agency, are material and necessary for proper evaluation of part or all of the claim.
If the Public Works Director (or designee)makes that finding, then the Public Works Director (or
designee)will also make a proposed written finding as to what portions of the claim the records are material
and necessary and,therefore,waived and irrevocably dismissed.
Even if the records have not been maintained or the records, or access to the records, have not been
provided to the Agency in a given instance, the Public Works Director (or designee) may determine that
sufficient records have been provided for the Agency to properly evaluate the claim in that instance. If the
Public Works Director(or designee)makes this determination,then the claim or portions of the claim will not
be waived or dismissed under this provision.
The Public Works Director's (or designee) findings will be submitted to the Contractor. The Public Works
Director's(or designee)findings are the Agency's final determination.
If the Agency's final determination is that the records are material and necessary for proper evaluation of
part or all of the claim, then the claim or that portion of the claim for which the records are material and
necessary is waived and irrevocably dismissed, unless the Contractor provides the records, or access to the
records, to the Agency within 5 Calendar Days of the Agency's final determination. If the Contractor
provides the records, or access to the records,within this time limit,the Agency will schedule a meeting with
the Contractor within 14 Calendar Days or as otherwise agreed by the parties,to discuss the records.
106
00199
The Agency's final determination that records are material and necessary for proper evaluation of part or all
of the claim, and the Agency's final determination of the portions of the claim for which the records are
material and necessary,shall be final and binding.
If the entire claim is waived and irrevocably dismissed pursuant to the Agency's final determination there will
be no further decision by the Agency on the claim or further review of the claim under 00199.40 and the
claim will not be eligible for mediation under 00199.50. If only portions of the claim are waived and
irrevocably dismissed pursuant to the Agency's final determination, the Agency will provide a written
decision to the Contractor regarding the remaining portions of the claim within 30 Calendar Days of the final
Step 2 meeting, or the Agency's final determination regarding the records,whichever is later. There will be
no further decision by the Agency on or further review under 00199.40 of the portions of the claim waived
and irrevocably dismissed pursuant to Agency's final determination and those portions will not be eligible for
mediation under 00199.50.
107
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
ATTACHMENT L
SPECIAL PROVISIONS
CITY OF TIGARD
2017 Pavement Management Program
Pavement Rehabilitation
Project No. CIP 2017-95001 OL
The Work to be done under this Contract consists of the following improvements at various
locations throughout the City of Tigard, Oregon.
• Furnish,install and remove temporary traffic control devices and temporary erosion
control measures
• Complete roadway asphalt pavement rehabilitation
• Complete cold plane pavement removal and repairs
• Complete manhole and other structure grade adjustments.
• Construct curb ramp retrofits
• Apply sealant along pavement edges and joints
• Restore permanent pavement markings and permanent signing
• Furnish and install two rectangular rapid flashing beacon's (RRFB's)
• Perform additional and incidental Work as called for by the Specifications and Plans
AUTHORITY OF CONSULTANT
The consultant will be directly in charge of the Project. However, the consultant's authority on
this Project is as designated in the City of Tigard's General Condition Section 00150.01 as the
Project Manager, or as designated by the Engineer.
APPLICABLE SPECIFICATIONS
The Specifications that are applicable to the Work on this Project is the 2015 edition of the
"Oregon Standard Specifications for Construction" (2015 Edition). The Part 00100 General
Conditions for Construction for the City of Tigard (Attachment K of the Contract Documents)
is applicable to the work corresponding with the 2015 Edition Section 00100 — General
Conditions. The 2015 Edition is applicable to the Work corresponding with subsequent sections.
All number references in these Special Provisions shall be understood to refer to the Sections and
subsections of the Standard Specifications bearing like numbers and to Sections and subsections
contained in these Special Provisions in their entirety.
CLASS OF PROJECT
This is a City of Tigard Project.
Project No.CIP 2017-95001 OL 1
CITY OF TIGARD -2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
CITY OF TIGARD, OREGON
SPECIAL PROVISIONS
FOR
2017 PAVEMENT MANAGEMENT PROGRAM,
PAVEMENT REHABILITATION PROJECT
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
PROFESSIONAL OF RECORD CERTIFICATION(s):
Seal w/signa I certify the Special Provisions Sections listed below are
PRpfFss applicable to the design for the subject project for
�5 �a(31NPavement Rehabilitation and Traffic improvements.
76447 9 Modified Special Provisions were prepared by me or
under my supervision.
OREGON Section 00210,00220, 00225, 00280, 00290, 00305,
02. Gr� 00310, 00331, 00340, 00350, 00440, 00490, 0074
FVy
V4. 00620, 00640, 00645, 00730, 00744, 00 48, ,
RENEWS: O 170!� 1 00759, 00850, 00851, 00855, 00856, 00865, 00867,
00905, 00920, 00930, 00940, 00960, 00964, 00990,
01030, 02010,02050, 02320, 02440, 02530, 02560,
02910
Date Signed: 6♦I Z�}'z�1�'
Project No.CIP 2017-95001 OL 2
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
SECTION 00110 - ORGANIZATION, CONVENTIONS,ABBREVIATIONS AND
DEFINITIONS
Comply with Section 00110 of the City of Tigard General Conditions.
SECTION 00120- BIDDING REQUIREMENTS AND PROCEDURES
Comply with Section 00120 of the City of Tigard General Conditions.
SECTION 00130 -AWARD AND EXECUTION OF CONTRACT
Comply with Section 00130 of the City of Tigard General Conditions.
SECTION 00140 - SCOPE OF WORK
Comply with Section 00140 of the City of Tigard General Conditions,modified as follows:
00140.30 Agency-Required Changes in the Work—Add the following paragraphs to the end
of this subsection:
The City may add work,up to 25%of the total project value without changes in unit prices except
for specific items where the addition significantly changes the character of the work.
The City may delete streets from this project and/or reduce the length of work along streets up
to 25% of the total project value without changes in unit prices.
The City's anticipated budget for this project is $1,100,000. The City may add or delete
streets or sections of streets to meet this budget without changes in unit prices except for specific
items where the addition significantly changes the character of the work.
SECTION 00150- CONTROL OF WORK
Comply with Section 00150 of the City of Tigard General Conditions,modified as follows:
00150.15(a) Agency Responsibilities - Replace this subsection, except for the subsection
number and title,with the following:
The Agency will not establish any principal grades or lines.
00150.15(b) Contractor Responsibilities -Replace this subsection, except for the subsection
number and title,with the following:
Project No.CIP 2017-95001 OL 3
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
The Contractor shall perform the Contractor responsibilities described in the Construction
Surveying Manual for Contractors, Chapter 1.6 (see Section 00305) and the following-
The
ollowingThe Contractor shall be responsible to furnish all field controls for setting principal lines,
grades,and measurements as needed to construct the Work per the requirements outlined
in Section 00305 and as indicated in the Contract Documents.
00150.50(b) Agency Responsibilities — Add the following paragraph to the end of this
subsection:
The locations,depth and description of existing utilities shown were compiled from available GIS
mapping, records and/or field observations. The Engineer or Utility Companies do not
guarantee the accuracy or the completeness of such locations. Additional utilities may exist in
the project area.
Add the following subsection:
00150.50(d) Utility Information:
There are no anticipated conflicts with the Utilities listed below. The Contractor shall contact
those Utilities having buried facilities and request that they locate and mark them for their
protection prior to construction. Additionally,the Contractor shall notify all utility owners which
may be affected by the construction operation at least 48 hours in advance when their services
may be affected by the work.
Urility A_gen y Contact Phone Email
Water City of Tigard Sam Morrison 503-718-2600 SAMM@tigard-or.gov
24-hour 503-639-1554
Sanitary City of Tigard Theresa Reynolds 503-718-2704 Theresa@tigard-or.gov
Sewer
Storm City of Tigard Theresa Reynolds 503-718-2704 Theresa@tigard-or.gov
Sewer
Power PGE Tod Shattuck 503-672-5466 tod.shattuck@pgn.com
24-hour 503-464-7777
Damage&Repair 503-736-5662
Cable Comcast Ken Wills 971-801-5641 kenneth_wills@comcast.com
Damage&Repair 503-617-1212
Telephone Frontier John Bielec 503-367-5106 john.bielec@ftr.com
24-hour 1-877-462-
8188
Project No.CIP 2017-95001 OL 4
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
CenturyLink Scott Miller 971-769-9940 scott.miller4@centurylink.com
(Local Network)
CenturyLink Mike Lopez 503-242-4144 michael.lopezl@centurylink.com
(National Network)
Gas NW Natural Peter Cathcart 503-715-7441 peter.cathcart@nwnatural.com
Damage &Repair 503-226-4211
Water TVWD Kevin Schmeltzer 503-848-3041 kevin.schmeltzer@tvwd.org
Street prep shall include replacing and installing survey monument boxes as specified in plans.
Those requiring adjustment can be done during the overlay process.
It is the contractor's responsibility to adjust utility structures and maintain adequate access to
those utilities (in the judgment of the engineer) regardless of cooperation (or lack thereof) from
affected utilities.
00150.60(a) Load and Speed Restrictions for Construction Vehicles and
Equipment -Add the following bullet to the end of the bullet list:
• The Contractor shall follow approved truck routes when hauling all materials and
equipment beyond the limits of the Project Site. The proposed truck routes to be used by
the Contractor shall be submitted to the Engineer for review and approval prior to the start
of work.
• The Contractor shall restrict the combined weights of construction vehicles, Equipment,
and Materials on Bridges according to 00220.45.
00150.70 Detrimental Operations -Add the following to the end of the subsection:
Portions of this project will be constructed in close proximity to existing private improvements.
All private improvements disturbed by the Contractor's operations shall be repaired or replaced
to equal or better conditions at the Contractor's expense.
SECTION 00160- SOURCE OF MATERIALS
Comply with Section 00160 of the City of Tigard General Conditions, modified as follows:
00160.05 Qualified Products List (QPL) -Replace this subsection, except for the subsection
number and title,with the following:
The QPL is a listing of manufactured products available on the market (shelf items) that ODOT
has evaluated and found suitable for a specified use in highway construction. The QPL is
available from ODOT's Construction Section website at:
Project No.CIP 2017-95001 OL 5
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
http://www.oregon.gov/ODOT/H%W/CONSTRUCTION/pages/index.aspx
The most current published PDF version of the QPL on ODOT's Construction Section website
at the time of Advertisement is the version in effect for the Project. The Engineer may approve
for use a conditionally qualified product, or a product qualified for inclusion in a later edition of
the QPL,if the Engineer finds the product acceptable for use on the Project.
Use of listed products shall be restricted to the category of use for which they are listed. The
Contractor shall install all products as recommended by the manufacturer. The Contractor shall
replace qualified products not conforming to Specifications or not properly handled or installed
at no additional cost to the Agency.
00160.60(c) Additional Requirements - In subsection (2), replace the paragraph that begins
"Furnished to the Engineer written..." with the following paragraph:
Furnished to the Engineer written approval of the property owner,if other than the Contractor,
for the Contractor's proposed plans of operation in, and reclamation of, the source.
SECTION 00165 - QUALITY OF MATERIALS
Comply with Section 00165 of the City of Tigard General Conditions, modified as follows:
00165.10(a) Field-Tested Materials -Add the following sentence to the end of this subsection:
The most current version of the MFTP on the date of Advertisement is the version in effect for
the Project.
00165.10(b) Nonfield-Tested Materials -Add the following sentence to the end of this
subsection:
The most current version of the NTMAG on the date of Advertisement is the version in effect
for the Project.
00165.30(a) Acceptance of Field-Tested Materials—Add the following paragraph to the end
of this subsection:
Contractor shall provide and administer a quality control program as described in the Quality
Assurance Program portion of the MFTP. Upon request,the Contractor shall provide to the
Engineer the names, telephone numbers, and copies of certifications for all personnel
performing field testing;and
SECTION 00170 -LEGAL RELATIONS AND RESPONSIBILITIES
Comply with Section 00170 of the City of Tigard General Conditions, modified as follows:
Project No.CIP 2017-95001 OL 6
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
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SPECIAL PROVISIONS
00170.00 General-Add the following two paragraphs after the paragraph that begins "In any
litigation, the entire...":
The characterization of provisions of the Contract as material provisions or the failure to comply
with certain provisions as a material breach of the Contract shall in no way be construed to mean
that any other provisions of the Contract are not material or that failure to comply with any other
provisions is not a material breach of the Contract.
All rights and remedies available to the Agency under applicable Laws are incorporated herein by
reference and are cumulative with all rights and remedies under the Contract.
00170.01(a) Federal Agencies -Add the following to the list of Federal Agencies:
National Oceanic and Atmospheric Administration
00170.01(b) State of Oregon Agencies -Add the following to the list of State of Oregon
Agencies:
Oregon Department of Transportation (ODOT)
00170.01(c) Local Agencies -Add the following to the list of Local Agencies:
Washington County Land Use and Transportation (LUT)
00170.70(b) Additional Insured-Add the following subsection:
Add the following as Additional Insureds under the Section 11 of the Public Improvements
Contract in the Contract Booklet:
• Murray,Smith&Associates, Inc.
00170.72 Indemnification-Add the following subsection:
Add the following paragraph and bullets under Section 10 of the Public Improvement Contract
in the Contract Booklet:
Extend indemnity,defense and hold harmless to the Agency and the following-
Murray,
ollowingMurray,Smith&Associates, Inc.
SECTION 00180 -PROSECUTION AND PROGRESS
Comply with Section 00180 of the City of Tigard General Conditions,modified as follows:
Project No.CIP 2017-95001 OL 7
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SPECIAL PROVISIONS
00180.21(b) Terms of Subcontracts -Add the following paragraph to the end of this
subsection:
As and when applicable, the Contractor shall require in its subcontracts that subcontractors
maintain the certifications required by ORS 279A.107.
00180.40(b) On-Site Work-Add the following bullet to the end of the bullet list:
• Install City supplied project signs a minimum of 1-week in advance of construction
activities.
• Deliver City supplied door hanger notifications 48 hours to 72 hours before traffic would
be significantly impacted on a given street.
Add the following subsection:
00180.40(c) Specific Limitations -Limitations of operations specified in these Special
Provisions include,but are not limited to,the following:
Limitations Subsection
Cooperation with Utilities ................................................... 00150.50
Cooperation with Other Contractors ................................ 00150.55
On-Site Work.................................................................... 00180.40(b)
Contract Completion Time ............................................ 00180.50(h)
Traffic Lane Restrictions ................................................ 00220.40(e)
Special Events .................................................................. 00220.40(e)
Maintenance Under Traffic ................................................. 00620.43
The Contractor shall be aware of and subject to schedule limitations in the Standard Specifications
that are not listed in this subsection.
00180.41 Project Work Schedules-After the paragraph that begins "One of the following
Type..." add the following paragraphs:
In addition to the "look ahead" Project Work schedule, a Type B schedule as detailed in the
Standard Specifications is required on this Contract.
The Contractor shall obtain Agency approval of the work schedule a minimum of 7 days in
advance of any lane closures indicating the date work is planned for each street. Should
rescheduling become necessary, no work shall be done until the Agency approves the revised
schedule and residents are provided notice with adequate time (normally 24 hours) before the
work commences.
Prior to performing each specific work task, the Contractor is required to inform the Agency's
inspector specifically what tasks will be performed and precisely when and where those tasks will
be performed. Work performed without providing advance notice to the Agency's inspector may
Project No.CIP 2017-95001 OL 8
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
be rejected for failure to provide advance notice,even if no other reason is documented for such
rejection.
Add the following subsection:
00180.50(h) Contract Time - Paving work on this project shall not commence before July 1,
2017.
Sidewalk curb ramp work may commence before July 1, 2017; however, the total dollar amount
of work performed before July 1,2017 shall not exceed $150,000.
There are two Contract Times on this Project as follows:
(1) The Contractor shall complete all Work to be done under the Contract, except for
permanent pavement markings, not later than August 15,2017.
(2) The Contractor shall complete all Work to be done under the Contract not later than
August 31, 2017.
00180.85(b) Liquidated Damages -Add the following paragraph to the end of this subsection:
The liquidated damages for failure to complete the Work on time required by 00180.50(h)will be
$700 per Calendar Day.
Add the following subsection:
00180.85(c) Lane Closures -Lane closures beyond the limits specified will inconvenience the
traveling public and will be a cost to the Agency.
Lane Closures - It is impractical to determine the actual damages the Agency will sustain in the
event traffic lanes are closed beyond the limits listed in 00220.40(e). Therefore, the Contractor
shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 15 minutes, or for
a portion of 15 minutes,per lane, for any lane closure beyond the limits listed in 00220.40(e). In
addition to the liquidated damages,all added cost for traffic control measures,including flagging,
required to maintain the lane closures beyond the allowed time limits,will be at no additional cost
to the Agency. The required traffic control measures will be as determined by the Engineer.
The Engineer will determine when it is safe to reopen lanes to traffic. Assessment of liquidated
damages will stop when all lanes have been safely reopened. Any liquidated damages assessed
under these provisions will be in addition to those listed in 00180.85(b).
SECTION 00190 - MEASUREMENT OF PAY QUANTITIES
Comply with Section 00190 of the City of Tigard General Conditions,modified as follows:
Project No.CIP 2017-95001 OL 9
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
PAVEMENT REHABILITATION
SPECIAL PROVISIONS
00190.20(f-2) Scale Without Automatic Printer-Add the following paragraph after the
paragraph that begins " If the scales require manual entry...":
Pay costs for the weigh witness at that person's contract billing rate.
00190.20(f-3) Duties of Weigh Technician-Replace the bullet that begins "Furnish a legible,
serially numbered..." with the following bullet:
• Furnish a legible,serially numbered weigh memo for each load of Materials to the Agency's
Materials receiver at the point of delivery,or as directed by the Engineer. The memo shall
identify the Project, the Materials, the date,net weight (gross and tare as appropriate), and
identification of the vehicle and weigh technician.
00190.20(g) Agency-Provided Weigh Technician-Add the following paragraph to the end
of this subsection:
Pay costs for the weigh technician at that person's contract billing rate.
SECTION 00195 -PAYMENT
Comply with Section 00195 of the City of Tigard General Conditions.
SECTION 00196-PAYMENT FOR EXTRA WORK
Comply with Section 00196 of the City of Tigard General Conditions.
SECTION 00197-PAYMENT FOR FORCE ACCOUNT WORK
Comply with Section 00197 of the City of Tigard General Conditions modified as follows:
00197.20(a) General- Replace the paragraph that begins "Except as modified by these..."with
the following paragraph:
Except as modified by these provisions,Equipment use approved by the Engineer will be paid at
the rental rates given in the most current edition of the EquipmentWatch Cost Recovery (Blue
Book) published by EquipmentWatch, a division of Penton Business Media, Inc., and available
from EquipmentWatch (phone 1-800-669-3282) (htt2://equi12mentwatch.com).
Project No.CIP 2017-95001 OL 10
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PAVEMENT REHABILITATION
SPECIAL PROVISIONS
SECTION 00199-DISAGREEMENTS, PROTESTS,AND CLAIMS
Comply with Section 00199 of the City of Tigard General Conditions.
SECTION 00210 -MOBILIZATION
Comply with Section 00210 of the Standard Specifications,modified as follows:
00210.90 Payment — Replace this subsection, except for the subsection number and title, with
the following:
No separate payment will be made for mobilization.
SECTION 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 bullet to the end of the bullet list:
• The maximum closure time for any single curb ramp shall be one week. Ramp work shall
be scheduled so that it does not close walks along both sides of the street at the same
time. Submit traffic control plan and pedestrian detour plan for ramp closures. Plan shall
include but is not limited to work area protection, sidewalk closures and detours.
Replace the bulleted item that begins "Do not stop or hold vehicles...."with the following.
• Do not stop or hold vehicles for more than 5 minutes.
Replace the bulleted item that begins `Do not block driveways'with the following.
• Do not block driveways, intersections or approaches without the approval of the
Engineer. Provide reasonable access, such as temporary ramps, to driveways,
intersections or approaches at no expense to the City.
Add the following:
All streets shall remain open to traffic throughout construction unless otherwise described in
subsection 00220.40(e).
The Contractor must obtain the Engineer's approval of a traffic control and signage plan for each
street on which traffic will be disrupted at least 7 days before work on that street begins, shall
implement the plan before occupying any portion of the street, and shall maintain traffic control
Project No.CIP 2017-95001 OL 1 1
CITY OF TIGARD—2017 PAVEMENT MANAGEMENT PROGRAM
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SPECIAL PROVISIONS
in accordance with that plan, or as otherwise directed by the Engineer, for the duration of the
work.
The amount of time that a roadway is left unstriped or with temporary striping must be
minimized. Permanent striping must be replaced on the roadway as soon as feasible;a maximum
of 10 calendar days after construction activity removes or covers roadway striping.
The amount of time that a roadway is left with a rough surface from pavement grinding must be
minimized. Pavement overlays must be constructed as soon as feasible;a maximum of 48 hours
after pavement grinding.
Do not place work zone signs or supports that will block existing walkways or existing bikeways
unless otherwise approved by the Engineer.
The Engineer and/or inspector may order immediate stoppage of work and restoration of normal
traffic patterns at any time if,in their judgment,such action is necessary to reduce excessive delays
and/or protect public safety.
00220.03 Work Zone Notifications—Add the following to the end of this subsection:
The City will provide site-specific temporary project signs and the Contractor shall install signs
on temporary sign supports at each street end on which the Contractor will be working to notify
residents and street users of the specific schedule for work on that street. Signs shall be placed a
minimum of 7 days before any work affecting use of the street.
The City will provide door-hangers for the Contractor to add schedule information. The
Contractor shall deliver door-hanger notifications to properties surrounding the streets to be
paved. The City will provide a map showing the specific properties where door hangers are to
be hung. Door-hangers shall be marked with the dates and times that the street would be
significantly affected. Door-hangers shall be delivered 48 to 72 hours before traffic would be
significantly impacted on that street. In the event of a significant schedule change,door-hangers
shall be redelivered with the revised work dates/times 24 hours before significant street impacts.
Work may be not allowed if timely notification has not been provided.
Notify emergency services and organizations listed below 10 calendar days in advance of street
closures. The following information is provided for the contractor's convenience:
• Emergency Services 911
• City of Tigard Police Department (Non-Emergency) 503-629-0111
• Tualatin Valley Fire &Rescue (Amber Cross) 503-612-7000
• United States Post Office (Non-Emergency&Emergency Services) 503-968-2991
• Tigard-Tualatin School District Qean Devenport) 503-431-4046
• Student Transportation of America (Ashley Rinker) 503-372-5704
• Tri-Met—Road Operations 503-962-4949
• Pride Disposal (Rose Bowles) 503-625-6177x1101
Project No.CIP 2017-95001 OL 12
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SPECIAL PROVISIONS
00220.40(e-1) Closed Lanes -Replace this subsection, except for the subsection number and
title,with the following:
Allowable work hours and lane closures are as follows:
• Benchview Terrace/Greenfield Drive - Single lane closure allowed Monday through Friday
7:30am to 7:00pm. Flaggers required.
• Gaarde Street- Single lane closure allowed Monday through Friday 7:30am to 4:00pm.
Flaggers required.
• Viewmont Lane/114`'Avenue/ Viewmont Court- Single lane closure allowed Monday
through Friday 7:30am to 7:00pm. Flaggers required. Street may also be closed to through
traffic for up to two days total while pavement rehabilitation is in progress,as long as
detour plans have been approved by the Engineer and fully implemented.
• Royalty Parkway—Work shall be completed at night. Single lane closure allowed Sunday
through Thursday 8:00pm to 5:00am. Flaggers required. Westbound traffic may be closed
to through traffic while pavement rehabilitation is in progress, as long as detour plans have
been approved by the Engineer and fully implemented. Maintain one lane of traffic into the
project work zone from OR99W at all times.
• 109`''Avenue/Willowbrook Drive - Single lane closure allowed Monday through Friday
7:30am to 7:00pm. Flaggers required. Street may also be closed to through traffic for up to
two days total while pavement rehabilitation is in progress, as long as detour plans have
been approved by the Engineer and fully implemented.
• Kable Street- Single lane closure allowed Monday through Friday 7:30am to 7:00pm.
Flaggers required. Street may also be closed to through traffic for up to two days total
while pavement rehabilitation is in progress, as long as detour plans have been approved by
the Engineer and fully implemented.
0 96`'Avenue -Single lane closure allowed Monday through Friday 7:30am to 7:00pm.
Flaggers required. Street may also be closed to through traffic for up to two days total
while pavement rehabilitation is in progress,as long as detour plans have been approved by
the Engineer and fully implemented.
0 Bonita Road—Maintain one travel lane in each travel direction Monday through Friday
7:00am to 9:00am and 3:00pm to 7:00pm. Single lane closure allowed Monday through
Friday 9:00am to 3:00pm. Flaggers required.
0 74`'Avenue - Single lane closure allowed Monday through Friday 7:30am to 7:00pm.
Flaggers required. Street may also be closed to through traffic for up to two days total
while pavement rehabilitation is in progress, as long as detour plans have been approved by
the Engineer and fully implemented.
The Contractor must obtain approval from the Oregon Department of Transportation to occupy
any portion of the right-of-way of State Highways — such as Pacific Highway West (99W) and
Hall Blvd. The Contractor shall follow all lane restrictions imposed by ODOT on State
Highways.
Local access must be maintained to all properties throughout construction.
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The Contractor must obtain City approval of a traffic control, signage, and detour plan for each
street at least 7 days before closure or traffic disruption begins.
The Engineer reserves the right to impose additional lane restrictions depending on observed
traffic conditions. The Engineer and/or inspector may order immediate stoppage of work and
restoration of normal traffic patterns at any time if,in their judgment, such action is necessary to
reduce excessive delays and/or protect public safety.
SECTION 00225 -WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.01(c) Standards -Add the following bullet to the end of the bullet list:
• ODOT "Traffic Control Plans Design Manual", available on the ODOT Traffic Control
Plans Unit website.
00225.02 General Requirements -In the paragraph that begins "Work may be suspended...",
replace the sentence that begins "Costs for work performed..." with the following sentence:
Costs for work performed by the Agency may be deducted from monies due the Contractor.
00225.10 General- In the paragraph that begins "Evaluate the condition...", replace the first
sentence with the following sentence:
Evaluate the condition of TCD using the criteria shown in the most current version in effect of
the American Traffic Safety Services Association (ATSSA) publication titled "Quality Guidelines
for Temporary Traffic Control Devices and Features", available from the ATSSA website at
www.atssa.com.
00225.11(c-1) Temporary Signs - Replace the bullet that begins "Type 2 riprap geotextile..."
with the following bullet:
• Geotextile fabric
00225.17 Flagger Station Lighting-Add the following paragraph to the end of this subsection:
In addition to the products listed on the QPL, tripod mounted or cart mounted flagger station
lights that were purchased on or before January 1,2014 and that were on the QPL before January
1, 2014 may also be used. Provide proof of the original purchase date to the Engineer.
00225.32 Traffic Control Supervisor-
Replace the paragraph that begins "Do not designate the Project Superintendent..." with the
following paragraph:
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When the bid schedule includes an item for a TCS, do not designate the Project superintendent
as the TCS.
00225.41(b-4) Temporary Sign Supports -Replace the bullet that begins "Do not tip over
TSS..." with the following bullet:
• Do not tip over any TSS that is exposed to traffic, unless approved by the Engineer or the
TSS is protected from traffic by a barrier system.
00225.41(c) Sign Flag Boards and Sign Flags -Replace this subsection, including
subsections 00225.41(c-1) and 00225.41(c-2),with the following subsection:
00225.41(c) Sign Flag Boards -Install two sign flag boards, as shown or specified.
00225.41(e) Inconsistent Temporary Signs - Replace the paragraph that begins "Ensure that
all temporary..."with the following paragraph:
Ensure that all temporary signs are properly used and consistent with the work zone. Cover all
inconsistent temporary signing until the sign messages are applicable to the Work that is
beginning. When signage is no longer required for staging or shift Work, remove all temporary
signs,sign flag boards,supports,sign covers,and ballast associated with the staging or shift Work.
00225.46(b) Portable Changeable Message Signs—Add the following bullet to the end of
this subsection:
• Furnish and operate up to (3) three PCMS for work on Gaarde Street,up to (3) three
PCMS for work on Bonita Road,and up to (3) three PCMS for work on Royalty
Parkway. Verify location of PCMS with the Inspector. Place PCMS on streets 72 hours
in advance of any lane closure and maintain the signs until all work is completed within
the work zone.
Ensure that all temporary signs are properly used and consistent with the work zone. Cover all
inconsistent temporary signing until the sign messages are applicable to the Work that is
beginning. When signage is no longer required for staging or shift Work, remove all temporary
signs,sign flag boards,supports,sign covers,and ballast associated with the staging or shift Work.
00225.80 Measurement-Add the following paragraph to the end of this subsection:
Work under this Section for this project will be measured by the Method "C"—Incidental Basis.
00225.90 Payent -Add the following paragraph to the end of this subsection:
Work under this Section for this project will be paid for by the Method "C"—Incidental Basis.
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SECTION 00280 -EROSION AND SEDIMENT CONTROL
Comply with Section 00280 of the Standard Specifications modified as follows:
00280.00 Scope -Add the following paragraph to the end of this subsection:
This section shall be governed by Clean Water Services.
00280.42(c) Permanent Stabilization—Add the following to the end of this subsection:
All vegetated areas disturbed by the Contractor's operations shall be permanently covered with
sod,re-seeded,re-planted,re-landscaped,and/or repaired to the satisfaction of the inspector per
Section 01030.
00280.90 Payment— Replace this subsection, except for the subsection number and tide, with
the following:
No separate payment will be made for this work, as it is considered incidental to other work on
this project.
SECTION 00290-ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—In the first bullet, change the noise control hours to 7:00 pm to 7:30
am.
00290.90 Payment — Replace this subsection, except for the subsection number and title, with
the following-
No separate payment will be made for this work, as it is considered incidental to other work on
this project.
SECTION 00305- CONSTRUCTION SURVEY WORK
Section 00305, which is not a Standard Specification, is included for this Project by Special
Provision.
Description
00305.00 Scope—Survey staking will be required for curb ramp construction. The Contractor
shall develop and make all detail surveys necessary for layout and construction. Complete all
survey staking as needed using information contained in the plans and adjusted as necessary to
meet ADA requirements. Additional information or clarification by the Engineer may be
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available upon request, but is not guaranteed. Surveyed field layout shall be reviewed by the
Engineer prior to demolition and again prior to concrete placement.
Provide construction survey work according to the current edition on the date of Advertisement,
of the ODOT "Construction Surveying Manual for Contractors". This manual is available on
the web at:
http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/Pages/documents.aspx
Measurement
00305.80 Measurement-No measurement of quantities will be made for construction survey
work.
Payment
00305.90 Payment-The accepted quantities of construction survey work will be paid for at the
Contract lump sum amount for the item "Construction Survey Work".
Payment will be payment in full for furnishing all material, equipment, labor, and incidentals
necessary to complete the work as specified.
No separate or additional payment will be made for any temporary protection and direction of
traffic measures including flaggers and signing necessary for the performance of the construction
survey work.
No separate or additional payment will be made for preparing surveying documents including but
not limited to office time,preparing and checking survey notes, and all other related preparation
work.
Costs to correct or otherwise take action with regard to Contractor survey errors will be at no
additional cost to the Agency. Repair any damage to the Work caused by Contractors survey
errors at no additional cost to the Agency. The Engineer may make an equitable adjustment,
which may decrease the Contract Amount,if the required survey work is not performed.
SECTION 00310- REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Comply with Section 00310 of the Standard Specifications modified as follows:
Add the following subsection:
00310.45 Excavation of Existing Surfaces—Remove sidewalk and surfacings as shown on the
Plans. Sidewalk and surfacings to be removed shall be cut in neat, straight lines with vertical
edges along the limits of removal. The cut lines for removal of asphaltic or cement concrete
pavement shall be reviewed and approved by the Engineer in the field before cutting. Demolish
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and remove concrete curbs, median islands or traffic separators and other surfacings as directed
by the Engineer or as shown. Make a vertical saw cut between any existing curb that is to remain
and portion that is to be removed. Remove roadway pavement and aggregate base in the street
adjacent to curbs, islands and traffic separators as shown on the Plan or as directed by the
Engineer.
00310.92 Separate Item Basis -Replace the sentence that begins "Item (d) includes..." with
the following:
Item (d) includes but is not limited to saw cutting, removal of existing asphalt, aggregate base,
curbs, islands, traffic separators, sidewalks and other surfacings to the limits and grades shown
on the plans. No separate or additional payment will be made for removal of surface mounted
tubular markers, removal of sign posts or removal of signs as this work is considered incidental
to this Item.
SECTION 00331 - SUBGRADE STABILIZATION
Replace Section 00331 of the Standard Specifications with the following Section 00331.
SECTION 00331 - SUBGRADE STABILIZATION
Description
00331.00 Scope - This work consists of excavating and disposing of unstable materials in
excavation areas only and, placing subgrade geotextiles and recycled asphalt products or stone
embankment backfill material to the lines and grades as shown or directed.
Materials
00331.10 Materials—Aggregate subbase and recycled asphalt products(RAP)in subbase material
shall be sized as specified. Subbase material shall be aggregate subbase or RAP as the Contractor
elects.
Furnish materials meeting the following requirements:
Aggregate Subbase.........................................00641
Recycled Asphalt Products in Base and Subbase..........00645
Subgrade Geotextile, Certification Level B ...................02320
Water ...................................................................................00340
00331.16 Acceptance of Backfill - The backfill material will be accepted based on visual
inspection per Section 00645. The Engineer may perform tests if deemed necessary.
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Equipment
00331.20 General - Provide all equipment necessary to perform the work according to Sections
00330, 00340, 00350, 00641 and 00645.
Construction
00331.40 Excavation- Excavate unstable material to the lines and grades as shown or directed.
Dispose of the excavated material according to 00330.41(a)(5).
00331.41 Geotextile - Place geotextile as shown.
00331.42 Backfill-Place the backfill material to lines and grades as shown or directed,to provide
a homogeneous mixture. Compact the backfill until there is no reaction or yielding under the
compactor.
Measurement
00331.80 Measurement - The quantities of subgrade stabilization will be measured on the area
basis of subgrade surface area stabilized to the full depth as shown. The surface area will be
determined by horizontal measurements. In areas where directed to stabilize to a depth other
than shown, the areas will be adjusted by converting to an equivalent number of
square yards on a proportionate volume basis.
Payment
00331.90 Measurement-The accepted quantities of subgrade stabilization will be paid for at the
Contract unit price,per square yard, for the item" "inch Subgrade Stabilization.
The depth of stabilization will be inserted in the blank.
Payment will be made in full for furnishing and placing all materials, and for furnishing all
equipment,labor, and incidentals necessary to complete the work as specified.
No separate or additional payment will be made for excavation, geosynthetic, recycled asphalt
products in subbase, stone embankment, or water.
SECTION 00340-WATERING
Comply with Section 00340 of the Standard Specifications.
SECTION 00350- GEOSYNTHETIC INSTALLATION
Comply with Section 00350 of the Standard Specifications modified as follows:
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00350.10 Materials - Add the following to the end of this subsection:
Provide manufacturets certifications complying with 02320.10(c) for the following
geosynthetic(s):
Certification
Geotextile Level A Level B
Subgrade................................................................X
SECTION 00440 - COMMERCIAL GRADE CONCRETE
Comply with Section 00440 of the Standard Specifications modified as follows:
00440.13 Field-Mixed Concrete -Add the following paragraph to the end of this subsection:
Pre-packaged dry blended concrete from the QPL may be used for work items listed
in 00440.14(a).
SECTION 00490 -WORK ON EXISTING SEWERS AND STRUCTURES
Comply with Section 00490 of the Standard Specifications modified as follows:
00490.48 Adjusting Boxes,Cleanout Lids and Similar Structures—Add the following to the
end of this subsection:
Where shown,boxes to be adjusted shall match finish pavement slope and grade. Multiple survey
monuments are present throughout the project areas. The Contractor shall install new boxes
where shown,protect existing boxes where shown and protect all monuments from damage. The
Contractor shall replace all disturbed monument boxes with new boxes and be responsible for
re-establishing any monuments that are disturbed. Cast or ductile iron riser rings may be used
for adjusting monument boxes. Replace aluminum lids with cast or ductile iron lids that are fitted
to the riser ring.
The contractor will encounter cases where a utility facility (such as a valve box) has been adjusted
by the utility and cold mix has been placed around the facility. The contractor shall remove and
dispose of this cold mix, replace it with asphalt concrete pavement, and hand-compact it in
advance of the pavement overlay. This work is considered incidental to the utility adjustment
items on the bid schedule.
Water valve access lids shall only be adjusted by raising the top section of the existing 910 can.
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00490.90 Payment: Add the following.
Add the following pay items:
Pay Item Unit of Measurement
(i) Add Manhole Paving Rings................................................Each
(j) Replace or Install Monument Boxes.......................................Each
(k)Adjusting Monument Boxes................................................Each
0) Adjusting Water or Gas Valve Boxes.....................................Each
Add the following to the end of this subsection:
Item (i) includes adding or replacing manhole paving rings as shown.
Item (j) includes removing existing monument boxes and furnishing and installing a new
monument box in the same location as the existing box, or furnishing and installing a new
monument box over an existing monument to complete the work as approved by the Engineer.
Coordination with the Engineer's surveyor and protection of existing monuments shall be
incidental to other bid items and will not be paid separately under this bid item.
Item (k) includes vertically adjusting existing monument boxes for only those locations where
finish grade is different than existing grade.
Item (l) applies to all valve boxes within the paving limits and includes removal of existing cold
mix around structures and replacement with asphalt concrete pavement as required.
SECTION 00610- RECONDITIONING EXISTING ROADWAY
Comply with Section 00610 of the Standard Specifications.
SECTION 00620 - COLD PLANE PAVEMENT REMOVAL
Comply with Section 00620 of the Standard Specifications modified as follows:
00620.00 Scope—Add the following to the end of this subsection:
The plans show preliminary locations of pavement removal and grind/inlay areas. The engineer
may modify these areas by marking the existing pavement to show the final locations of pavement
removal and grind/inlay areas.
The depth of edge grind across driveway drops shall be 2"unless otherwise shown on the plans
or directed by the engineer.
00620.40(a) General-Replace this subsection,except for the subsection number and title,with
the following:
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Remove the existing pavement to the depth,width,grade and cross section shown or as directed.
The use of a hearing device to soften the pavement is not allowed.
00620.43 Maintenance Under Traffic-Replace this subsection, except for the subsection
number and title,with the following:
Traffic will be allowed on the cold planed surface for up to 48 hours after removing the existing
surface. The cold plane surface shall be paved back to finish grade within 48 hours of cold plane
pavement removal operations. Sweep and clean the cold planed surface before opening to traffic.
Small grind and inlay repair areas shown on the plans shall also be completed on the same day.
Any damage to the existing roadway as a result of traffic running on the existing cold planed
pavement in excess of the allowable time frame shall be repaired to the satisfaction of the
Engineer at no cost to the Agency.
Add the following subsection:
00620.44 Cold Planing Operations
The Contractor shall coordinate the work limits with the Engineer. The Engineer must approve
the limits prior to the Contractor beginning the work.
All edges remaining after cold plane pavement removal shall be vertical to accept the succeeding
full depth asphalt lift. Vertical edges left at the edge of the grinding drum are acceptable.
Rounded edges where the face of the grinding drum is terminated are not allowed. Rounded
edges shall be ground vertical by rotating the grinding machine. Where rounded edges cannot
otherwise be ground vertical as part of the cold plane removal operations, saw cut edges and
remove pavement according to Section 00310.
SECTION 00640-AGGREGATE BASE AND SHOULDERS
Comply with Section 00640 of the Standard Specifications modified as follows:
00640.44 Surface Tolerance - Replace the paragraph that begins "The finished surface and the
surface of each underlying..." with the following paragraph:
The finished surface and the surface of each underlying layer of the aggregate shall parallel the
established grade and cross section for the finished surface within 0.04 foot.
SECTION 00645—RECLAIMED ASPHALT PAVEMENT IN BASE AND SUBBASE
Section 00645, which is not a Standard Specification, is included in this Project by Special
Provision.
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Description
00645.00 Scope -This work consists of furnishing and and placing one or more layers of
reclaimed asphalt pavement (RAP), mixed with water, on a prepared surface to the lines,grades,
thicknesses, and cross sections shown or established.
Materials
00645.10 Materials -Base RAP shall be 11/2"-0 or 1"—0 as the Contractor Elects. RAP shall
be stockpiled from cold plane pavement operations within the project limits. RAP shall conform
to grading requirements of Section 02630 for bases.
Compact the RAP until there is no reaction or yielding under the compactor. Conduct a
deflection test according to ODOT TM 158 for each layer of RAP placed, as directed by the
Engineer. If the layer being tested exhibits any yielding,deflection,reaction or pumping,rework
the area to provide acceptable test results prior to placement of any additional material.
Acceptance of the RAP material will be by visual inspection of the stockpile and visual inspection
of the compacted lifts.
00645.12 Limits of Mixture - Provide a mixture of RAP and water having a uniform moisture
content sufficient to obtain the required compaction. Water may be introduced in a mixing plant,
or on the grade.
00645.15 Quality Control- Provide quality control according to Section 00165.
Equipment
00645.21 Hauling Equipment- Provide RAP hauling vehicles capable of hauling and
depositing the RAP material with a minimum of material segregation.
00645.22 Watering and Spreading Equipment- Provide equipment to add water to the RAP
and spread to the lines and grades shown or as directed.
00645.23 Compacting Equipment -Provide self-propelled rollers and compactors capable of
reversing without backlash and meeting the following requirements:
• A gross static weight of at least 10 tons.
• Adequate to compact to specified density while the RAP is still moist.
Labor
00645.30 Quality Control Personnel - Provide a technician having a CAgT technical
certification.
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Construction
00645.40 Preparation of Foundation- Provide a firm surface or material on which RAP is to
be placed,according to Sections 00320,00330,and 00610 as applicable.
00645.41 Mixing, Hauling, and Placing- Load the RAP into the hauling vehicle without
compacting material remaining in the stockpile.
Add water to RAP while mixing to provide moisture content according to 00645.12.
Thoroughly mix the combined RAP and water for as long as necessary to produce a
homogeneous mixture. Mix,haul,and place the material by one of the following methods:
(a) Stationary Mixing Plant- Combine materials in a pug mill or rotary mixer.
Deliver and deposit the mixture without delay. Deliver the mixture to the spreading
equipment by direct deposit into its receiving device, or by placing in uniform windrows in
front of the equipment.
(b) Road Mix - Place materials for each layer, add water,and mix with a motor grader until
a homogeneous mixture is achieve.
00645.43 Thickness and Number of Layers - If the required compacted depth of the course
exceeds 6 inches, construct it in two or more layers of nearly equal thickness. The maximum
compacted thickness of any one layer shall not exceed 6 inches unless approved by the Engineer.
Place each layer in spreads as wide as practical and to the full width of the course before a
succeeding layer is placed.
00645.44 Shaping and Compacting- Begin compaction of each layer immediately after the
material is spread. Determine optimum roller pattern according to ODOT TM 306 C "Control
Strip Method of Compaction". Maintain optimum roller pattern throughout.
Shape and maintain the surface of each layer, during the compaction operations, to produce a
uniform texture, and to meet the requirements of 00645.45.
Apply additional water over the materials for proper compaction.
00645.45 Surface Tolerance -The finished surface of RAP and the surface of each underlying
layer shall parallel the established grade and cross section for the finished surface within 5/8 inch.
The finished surface of the compacted RAP, when tested with a 12 foot straightedge, shall not
vary from the testing edge by more than 5/8 inch at any point. Furnish and operate the
straightedge as directed.
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Maintenance
00645.60 Care of the Work-After construction of each layer and completion of RAP course,
maintain the layer to specified conditions, and prevent or repair segregation, raveling, or rutting
until it is covered with a following layer or until all work is completed.
Measurement
00645.80 Measurement- No measurement of RAP in Subgrade Stabilization or RAP in
Asphalt Concrete Pavement Repair will be made,as it is considered incidental.
Payment
00645.90 Payment—No separate or additional payment will be made for RAP in Subgrade
Stabilization or RAP in Asphalt Concrete Pavement Repair will be made, as it is considered
incidental.
No separate or additional payment will be made for water used to obtain proper compaction and
in the care of the work.
SECTION 00730 -EMULSIFIED ASPHALT TACK COAT
Comply with Section 00730 of the Standard Specifications modified as follows:
00730.22 Asphalt Distributor—Add the following to the end of this subsection:
Provide an asphalt pour pot or similar device as approved by the Engineer to apply emulsified
asphalt material to vertical surfaces (curb faces,catch basin faces, butt joints, etc.). To limit tack
overspray, application of tack to vertical surfaces using a wand will not be allowed.
00730.44 Applying Tack Coat — Replace the sentence beginning with "Apply the emulsified
asphalt..."with the following sentence:
Apply the emulsified asphalt to the prepared surface at a rate between 0.15 and 0.20 gallons per
square yard as directed and with the emulsified asphalt temperature between 140 °F and 185 °F
as recommend by the manufacture.
Add the following to the end of this subsection:
Apply the emulsified asphalt to vertical surfaces (curb faces, catch basin faces, butt joints, etc.)
using an asphalt pour pot or similar device as approved by the Engineer. To limit tack overspray,
application of tack to vertical surfaces using a wand will not be allowed.
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SECTION 00744 -ASPHALT CONCRETE PAVEMENT
Replace Section 00744 of the Standard Specifications with the following Section 00744.
SECTION 00744—ASPHALT CONCRETE PAVEMENT
Description
00744.00 Scope - This work consists of constructing asphalt concrete pavement (ACP) to the
lines,grades, thicknesses, and cross sections shown or established.
00744.01 Abbreviations:
HMAC - Hot Mix Asphalt Concrete
MAMD - Moving Average Maximum Density
RAM - Recycled Asphalt Material
TSR - Tensile Strength Ratio
VFA - Voids Filled with Asphalt
VMA - Voids in Mineral Aggregate
WMAC - Warm Mix Asphalt Concrete
00744.02 Definitions:
Asphalt Concrete Pavement - Uniformly coated mixture of asphalt cement, graded aggregate,
and additives as required. The use of ACP in this section refers to either hot mix or warm mix
asphalt concrete.
Hot Mix Asphalt Concrete -A hot plant mixed ACP.
Level 1 ACP - ACP for use in applications with very low traffic and only limited exposure to
trucks.
Level 2 ACP-ACP for use in applications with low traffic volumes and low volume truck traffic.
Level 3 ACP -ACP for use in applications exposed to moderate truck traffic.
Recycled Asphalt Material - The combination of reclaimed asphalt pavement (RAP) and
recycled asphalt shingles (RAS).
Warm Mix Asphalt Concrete -An asphalt concrete mix following all requirements of HMAC,
except that through use of approved additives or processes, it is mixed, placed, and compacted
at lower temperatures.
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00744.03 Quality Control Plan — Submit a comprehensive and project specific paving quality
control plan for approval. Submit a draft Quality Control Plan prior to the Prepaving Conference
and re-submit the Quality Control Plan for approval based on comments received at the
Prepaving Conference. The plan shall include a brief narrative for each of the following items:
• List of personnel to be used meeting the requirements of 00744.30,including.
o Contractor
o Mix Supplier including plant manufacturer,model and capacity
o QC Officer
o Backup QC Officer
o Plant Technicians
o Paver Technicians
• Source of all materials
• Trucking plan that ensures continuous paving operation.
• Sampling and testing plan meeting the requirements of 00744.10,00744.11,00744.16 and
00744.49.
• JMF meeting the requirements of 00744.12,00744.13 and 00744.14.
• List of equipment to be used in the paving operation.
• List of best management practices used during construction to ensure the specifications
are met. Practices shall address the following items:
o Subgrade and surface preparation
o Utility adjustments (valve cans,manholes, etc.)
o Tack
o Temperature
o Release agent (diesel not allowed)
o Cleanout location for delivery trucks
o Joints
o Segregation
o Depth
o Cross Slope
o Roller pattern
o Compaction
o Smoothness
o Correction of surface defects (segregation, separated joints, etc.)
Materials
00744.10 Aggregate - Furnish new aggregate, RAP aggregate, and RAS aggregate meeting the
following requirements:
(a)New Coarse and Fine Aggregates-Produce coarse and fine aggregate from crushed rock
or other inert material of similar characteristics.
Blend sand is allowed for Levels 1,2, and 3 mixes. Do not use more than 6 percent natural or
uncrushed blend sand, by weight, in the total aggregate. Provide a means of verifying and
documenting the amount of blend sand added to the aggregate.
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Provide test results showing aggregates meet requirements for soundness,durability, fractured
faces and harmful substances as described below. No sandstone, shale or other soft material
will be allowed.
(1) Soundness - Provide coarse and fine aggregate with a weighted loss not exceeding 12
percent when subjected to five cycles of the soundness test using sodium sulfate solution
according to AASHTO T 104.
(2) Durability- Provide aggregate not exceeding the following maximum values:
Test Test Method Aggregates
ODOT AASHTO Coarse
Abrasion T 96 30.0%
Degradation
Passing No. 20 sieve TM 208 30.0%
Sediment Height TM 208 3.0"
(3) Fractured Faces - Provide crushed aggregate with not less than the minimum number
of fractured faces as determined by AASHTO T 335 as follows:
Percent of Fracture (by Weight)
Material Retained
on 1",3/411, 1/201 Material Retained
and No. 4 Sieve on No. 8 sieve
Type of Mix (two fractured faces) (one fractured face)
All ACP 75 75
(4) Harmful Substances- Do not exceed the following maximum values:
Test Test Method Aggregates
ODOT AASHTO Coarse Fine
Lightweight pieces T 113 1.0%
Wood Particles TM 225 0.10%
Elongated Pieces TM 229 10.0%
(at a ratio of 5:1)
Plasticity Index T 90 0 or NP
Sand Equivalent T 176 45 min.
(b) Reclaimed Asphalt Pavement - RAP material used in the production of new ACP is
optional. No more than 30 percent RAP material will be allowed in the new ACP pavement.
Use RAP aggregates in the ACP that are no larger than the specified maximum allowable
aggregate size before entering the cold feed. Blend the RAP material with new aggregate to
provide a mixture conforming to the JMF within the tolerances specified.
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(c) Recycled Asphalt Shingles-RAS used in the production of new ACP is optional. Either
manufacturer waste (post-manufacturer) RAS or tear-off(post-consumer) RAS may be used.
Manufacturer waste RAS is processed asphalt shingle material derived from manufacturer's
shingle scrap. Tear-off RAS is processed asphalt shingle material derived from shingle scrap
removed from structures. All percentages are based upon dry weights for calculations.
(1) Processing Shingles - Process the RAS by grinding at ambient temperature so that 100
percent of the shredded pieces are less than 1/2 inch in any dimension and that 90 percent
are less than 3/8 inch in any dimension when sampled according to AASHTO T 2 and tested
according to AASHTO T 27. Sample and test the processed RAS for gradation at a frequency
of one test for every 50 tons of RAS processed.
(2) Harmful Substances - Certify that the RAS does not contain asbestos fibers according
to the policies and procedures established by the Department of Environmental Quality. Test
deleterious materials according to ODOT TM 335 at a frequency of one test for every 50
tons of RAS material. Limit the percentage of deleterious materials to 1.0 percent. If fine
aggregate is added as an anti-clumping agent, sample and test processed RAS for harmful
substances before adding the fine aggregates.
(3)Anti-Clumping Additive -Fine aggregate meeting the requirements of 00744.10(a) may
be added to the RAS in a quantity not to exceed 4 percent by weight of RAS to keep the
material workable and to prevent conglomeration of the shingle particles in the stockpile.
Include these added fine aggregates in the mix design. RAS may also be blended with RAP
in controlled percentages to preclude clumping. Do not contaminate stockpiled RAS with
dirt or other foreign materials.
(4)Allowable Percentages -No more than 5.0 percent RAS by total weight of aggregate is
allowed in ACP mixtures. Restrict the maximum allowable percentage of asphalt binder
replacement to 20.0 percent for base courses and 15.0 percent for wearing courses in ACP
containing only RAS.
When RAS is used in conjunction with RAP, restrict the maximum allowable percentage of
binder replacement to 30.0 percent for base courses and 25.0 percent for wearing courses.
(5) Establishing Mix Design Inputs - For ACP mixtures containing RAS or RAM,
following any addition of fine aggregate as an anti-clumping agent,test the material according
to ODOT TM 319 to establish the asphalt content,material specific gravities,and gradation.
Develop mixture designs according to the ODOT Contractor Mix Design Guidelines for
Asphalt Concrete.
Blend the RAS or RAM with new aggregate to provide a mixture conforming to the JMF
within the tolerances specified.
00744.11 Asphalt Cement and Additives - Furnish the following asphalt cement and additives:
Provide PG64-22 grade asphalt cement for this Project unless otherwise directed or approved
with support from a project specific pavement design.
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(a) Asphalt Cement - Provide asphalt cement conforming to the requirement of 0D0Ts
publication "Standard Specifications for Asphalt Materials". Copies of the publication are
available from CIDOT"s website. The applicable specifications are those contained in the
current publication on the date the Project is advertised. Use the grade of asphalt that is
specified in the Special Provisions.
(b) Asphalt Cement Additives - Use standard recognized asphalt cement additive products
that are of known value for the intended purpose and approved for use on the basis of
laboratory tests and capable of being thoroughly mixed. Do not use asphalt cement additives
that have detrimental effects on the asphalt material. Do not use silicones as an additive. Add
the following asphalt cement additives when required by the JMF:
• Anti-stripping asphalt cement additives to prevent stripping or separation of asphalt
coatings from aggregates to satisfy the TSR specified in 00744.13.
• Asphalt cement admixtures used to aid in the mixing or use of asphalt mixes or for
experimental purposes.
When VRVIAC is used, select one of the WMAC technologies and process and additive types
identified on CIDOTs publication "Approved WMAC Technologies".
Submit the proposed VRVIAC technology to be used and a plan for its implementation at the pre-
construction conference.
Comply with the manufacturer's recommendations for incorporating additives and WMAC
technologies into the mix. Comply with manufacturer's recommendations regarding receiving,
storing, and delivering the additives.
00744.12 Mix Type and Broadband Limits - Furnish the mix type specified in the Contract
Documents within the broadband limits according to following:
(a) Mix Type-Furnish the types of ACP shown or as directed. When the plans allow an option
of two types for a course of pavement,use only one type throughout the course.
(b) Broadband Limits - Provide a JMF for the specified mix type within the control points
listed below:
3/4" ACP 1/2" ACP 3/8" ACP
Sieve Size Control Points Control Points Control Points
(0/6 passing (%passing (0/6 passing
by Weight) by Weight) by Weight)
Min. Max. Min. Max. Alin. Max.
lit 100
3/41' 90 100 100
1/21' - 90 90 100 100
3/811 - - 90 90 100
No. 4 - - - - - 90
No. 8 23 49 28 58 32 67
No. 200 2.0 8.0 2.0 10.0 2.0 10.0
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00744.13 job Mix Formula Requirements - Provide a JMF for the Project meeting the
following criteria and that was either developed or verified within 3 years of the date the Contract
was advertised and was used in another Contract within 1 year of the date the Contract was
advertised:
Level 1 Level 2 Level 3
Design Method Superpave Superpave Superpave
Compaction Level 65 Gyrations 65 Gyrations 80 Gyrations
Air Voids, % 3.5 4.0 4.0
VMA, %minimum 1/2 inch- 14.0 3/4 inch- 13.0 3/4 inch- 13.0
3/8 inch- 15.0 1/2 inch- 14.0 1/2 inch - 14.0
3/8 inch- 15.0 3/8 inch- 15.0
VMA,%maximum min + 2.0% min + 2.0% min + 2.0%
P No. 200 / Eff.AC ratio 0.8 to 1.6 0.8 to 1.6 0.8 to 1.6
TSR, % minimum 80 80 80
VFA,% 70- 80 65 -78 65 - 75
3/8 inch: 70 - 80 3/8 inch: 70 - 80 3/8 inch: 70 - 80
Develop the JMF according to the ODOT Contractor Mix Design Guidelines for Asphalt
Concrete; or verify according to the ODOT Mix Design Verification process. All Specification
Section 00745 references in the ODOT Contractor Mix Design Guidelines for Asphalt Concrete
shall be replaced with this project Special Provision Section 00744. Submit the proposed JMF
and supporting data to the Engineer for review at least 10 calendar days before anticipated use.
Submit all Mix Design Verification (MDV) data developed over the last year including air voids.
If acceptable,written acceptance will be provided. Perform a new TSR if the source of the asphalt
cement changes.
For Level 3 wearing course mixes, include the results of the performance testing as outlined in
the latest ODOT Contractor Mix Design Guidelines for Asphalt Concrete in the mix design
submittal.
Issue a separate JMF for WMAC. Do not use RAS in WMAC mixes with minimum compaction
temperatures less than 260'F.
When WMAC is used, provide the following information in addition to the requirements listed
for ACP:
• WMAC technology and WMAC additives information.
• WMAC technology manufacturer's established recommendations of usage.
• WMAC technology manufacturer's established target rate for water and additives, the
acceptable variation for production, and documentation showing the impact of excessive
production variation.
• WMAC technology material safety data sheets if applicable.
• Temperature range for mixing.
• Temperature range for compacting.
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• Except for foaming technology, asphalt binder performance grade test data of the asphalt
binder and chemical additive at the manufacturer's recommended dosage rate.
• Except for foaming technology,WMAC mixture performance test results. Perform testing
for foaming technology on the production mix on specimens compacted at WMAC
compaction temperatures.
00744.14 Tolerances and Limits-Produce and place ACP within the following JMF tolerances
and limits:
Gradation ACP Type
Constituent 3/411 1/211 3/8"
lit JMF ± 5%*
3/41' 90 - 100% JMF ± 5%
1/2" JMF ± 5% 90- 100% JMF ± 5%
3/811 - 90 - 100%
No. 4 JMF ± 5% JMF ± 5% JMF ± 5%
No. 8 JMF ± 4% JMF ± 4% JMF ± 4%
No. 30 JMF ± 4% JMF ± 4% JMF ± 40/6
No. 200 1 JMF ± 2.0% JMF ± 2.0% JMF ± 2.0%
Maximum not to exceed 100%
Constituent of Mixture ACP All Types
Asphalt Cement - AASHTO T 308 (Ignition) JMF 0.50%
and ODOT TM 323
RAP Content- CIDOT TM 321 JMF ± 2.0%
RAS Content- 0130T TM 321 JMF ± 1.0%
RAM Content- CIDOT TM 321 JMF ± 2.0%
Moisture content at time of discharge from the 0.80%max.
mixing plant- AASHTO T 329
When a JMF tolerance applies to a constituent, full tolerance will be given even if it exceeds the
control points established in 00744.12(b). Full tolerance will be given for RAP, RAS, or RAM
content even if it exceeds the fin-iits established in 00744.10.
00744.16 Sampling and Testing- For each 1,000 tons of placement, have a CAT-1 perform a
minimum of one of each of the following test methods as modified in the MFTP:
• Asphalt Content-AASHTO T 308 with 0130T TM 323 determined Calibration Factor
• Gradation-AASHTO T 30
• Mix Moisture-AASHTO T 329
• Maximum Specific Gravity-AASHTO T 209
• Gmb (bulk) to obtain voids worksheet calculations—0130T TM 326
When less than 1,000 tons of mix is placed in a day, perform a minimum of one series of tests
per day. Provide test results to the Engineer by the middle of the following work shift.
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If less than three samples are obtained on a project, the Contractor may supplement test results
with the Engineer's approval by:
• Accelerating testing.
• Providing test results from other projects with the same JMF within the past 120 days of
first date of JMF production.
• Testing back up samples.
Provide a minimum of three test results. Provide samples or split samples to the Engineer when
requested. The Agency may elect to complete additional QA testing at its discretion.
00744.17 Acceptance - If the average for each mix gradation constituent, asphalt content and
density measurement is within the specification limits,the material will be accepted. If the asphalt
content, one or more gradation constituents, or the density measurement are not within the
specification limits, the material that is not within the specification limits will be accepted
according to 00150.25.
Equipment
00744.23 Pavers - Provide pavers that are:
• Self-contained, self-propelled, supported on tracks or wheels, none of which contact the
mixture being placed.
• Equipped with augers and a screed or strike-off assembly, heated if necessary,which:
• Can spread and finish the ACP to a uniform texture,in the specified widths,thicknesses,
lines,grades and cross sections.
• Will not segregate, tear, shove or gouge the ACP.
• Equipped with a paver control system which:
• Controls the ACP placement to specified slope and grade.
• Maintains the paver screed in proper position.
• Provides the specified results through mechanical sensors and sensor-directed devices
actuated from independent line and grade control references.
• Equipped with adequate lighting to illuminate the paver and the roadway in front of and
behind the paver during the period from 30 minutes after sunset to 30 minutes before
sunrise, or as directed. Shield lighting from adjacent traffic as necessary. Provide a
minimum light level of 10 footcandles as measured by the Engineer on the roadway surface
at a distance of 16 feet from the front and back edges of the paver.
00744.24 Compactors -Provide the specified self-propelled rollers capable of reversing without
backlash, as follows:
(a) Steel-Wheeled Rollers-Steel-wheeled rollers with a minimum gross static weight as follows:
Level and Level 2 Level 3 Level 4
Breakdown and Intermediate 8 ton 10 ton 12 ton
Finish 6 ton 8 ton 10 ton
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(b) Vibratory Rollers -Vibratory rollers that:
• Are equipped with amplitude and frequency controls.
• Are specifically designed to compact ACP.
• Are Capable of at least 2000 vibrations per minute.
Have a minimum gross static weight meeting the requirements of 00745.24(a).
Do not operate in vibratory mode for lifts thinner than two times the maximum aggregate size
for
the type of ACP being compacted.
If vibratory rollers are used for finish rolling,they shall:
• Have a minimum gross static weight meeting the requirements of 00745.24(a).
• Not be operated in the vibratory mode.
(c) Pneumatic-tired Rollers - Pneumatic-tired rollers shall:
•Be tandem, or multiple axle,multiple wheel type.
• Have smooth-tread,pneumatic tires of equal size.
• Have tires staggered on the axles, spaced and overlapped to provide uniform compacting
pressure for the full compacting width.
The use of equipment which crushes the aggregate to an appreciable extent will not be permitted.
00744.25 Trucks — Do not use vehicles or transfers with rear drop axles in which raising the
drop axle would cause the vehicle to exceed legal load limits.
Labor
00744.30 Quality Control Personnel-Provide technicians having CAgT,CAT-1,CAT-11,CDT,
and CMDT technical certifications.
Construction
00744.40 Season and Temperature Limitations - Place ACP when the temperature of the
surface that is to be paved is not less than the temperature indicated:
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Nominal Compacted All Levels Level 1 and Level 2 Level 3
Thickness of Individual
Lifts and Courses as Travel Lane All Other
shown on the typical
section of the plans All Courses Wearing Course Courses
Surface From To From To From To
Temperature* Inclusive Inclusive Inclusive
Less than 2 inches 60°F All Year** 3/15 9/30 All Year**
2 inches - 2 1/2 inches 50°F All Year** 3/15 9/30 All Year**
Greater than 21/2 inches 40°F All Year** 3/15 9/30 All Year**
Temporary 40°F All Year** All Year** All Year**
* Do not use field burners or other devices to heat the pavement surface to the specified
minimum temperature.
** If placing ACP between March 15 and September 30, temperature requirement may be
lowered 5°F.
00744.41 Prepaving Conference—Have a prepaving conference with all Contractor supervisory
personnel,all subcontractors who are to be involved in the paving work,and the Engineer. Meet
at a mutually agreed time and discuss all methods of accomplishing all phase of the paving work.
The Prepaving Conference agenda will be prepared by the Agency, and distributed to the
Contractor prior to the conference. Contractor shall submit a draft Quality Control Plan per
Section 00744.03 and a draft Traffic Control Plan per Section 00225 for discussion purposes at
the Prepaving Conference. Contractor shall revise the Quality Control Plan and Traffic Control
Plan based on approvals obtained at the Prepaving Conference. The conference shall address
topics such as:
• Contractor Key Paving Personnel
• Quality Control Plan
• Traffic Control Plan
• Erosion Control Plan
• Review of JMF (mix type(s), asphalt grade,mixing and placement temperatures,etc.)
• Haul Vehicles (type and quantity, truck routes, haul distance, clean out areas, release
agents etc.)
• Check weights and scales
• Manhole and box adjustments
• Tack spread rates and certifications
• Laboratory and equipment certifications
* Review type of paver,grade control and panel widths,lift sizes and staging
• Roller pattern for compaction
• Smoothness testing by Contractor
• ACP plant testing and compaction testing
• Temporary striping
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00744.42 Mixing Temperatures - Produce ACP within the temperature ranges recommended
by the asphalt cement supplier for the grade of asphalt being used on the Project.
Establish the allowable mixing and placement temperature ranges by the JMF. Measure the
mixture temperature at the discharge of the mixer. Measure the placement temperature in the
hauling vehicle per 00744.45 and behind the paver. The allowable production temperatures may
be adjusted based on the asphalt cement supplier's recommendation if approved by the Engineer.
The maximum mixture temperature and the minimum placement temperature shall be as follows:
Temperature,*F
Type Maximum at Minimum Behind
Mixer Paver
HMAC 350 240
WMAC 350 215
Within the above limits,the Contractor with aproval of the Engineer,or the Engineer may adjust
this temperature in 10 'F increments from the JMF as follows:
• Up -If the aggregate coating,moisture content,workability or compaction requirements
are not attained.
• Down - If the aggregate coating, moisture content,workability and compaction
requirements are attained.
00744.43 Preparation of Underlying Surfaces - All water valves, manholes and catch basins
shall be adjusted to finish grade in advance of or during the paving operation. No adjustments
shall be made after the paving is completed unless approved by the Engineer prior to paving.
Minimum paving ring size for manholes shall be two inches. Adjustments made for manhole
slopes and/or less than two inches of grade increase shall require a frame adjustment.
Any tree branches or foliage which will hinder the proper placement of the surfacing shall be
removed by the Contractor by pruning and sealing the cut ends, or tying back in a manner
approved by the Engineer. The Contractor shall be responsible for trees damaged that are not
properly pruned or tied back.
All surfaces to be paved shall be swept clean by the Contractor no more than 24 hours in advance
of paving. The Contractor shall remove vegetation prior to washing or sweeping. The Contractor
shall use vacuum street sweepers that are self propelled equipment with rotating brooms and
brushes that are capable of loosening dirt and debris from the road surface. In those areas where
dirt and debris cannot be removed with sweeping alone,washing of the surface will be required.
Coordinate construction of driveway transitions with property owners to minimize disruption of
access.
00744.44 Tack Coat-Construct a tack coat before placing each lift of ACP according to Section
00730. A tack coat is not required before placing ACP on aggregate base. Omission of a tack
coat for a second lift placed on a base lift in the same day may be allowed if approved by the
inspector.
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Treat all existing and newly paved ACP or curb (below finish grade) surfaces on and against which
ACP is to be placed with an asphalt tack coat according to Section 00730. Before applying the
tack coat, clean and dry the surface to be tacked. Do not place tack coat any further than 500
feet in front of the paver.
Remove all loose material that will reduce adhesion of the tack by brooming,flushing with water,
or other approved methods.
Avoid excess tack coat being applied to the gutter or curb face. Apply the tack coat to vertical
surfaces (curb faces,catch basin faces,butt joints,etc.)using an asphalt pour pot or similar device
as approved by the Engineer. Application of tack to vertical surfaces using a wand will not be
allowed unless exposed curb faces are shielded during tacking of curb faces. Any tack coat
inadvertently or inappropriately applied to the gutter or curb face shall be promptly removed.
00744.45 Hauling, Depositing, and Placing - Haul, deposit, and place ACP according to the
following:
(a) Hauling—Provide vehicles with tight,clean and smooth metal beds equipped with covers
to protect against moisture and heat loss. Cover ACP if rain is encountered any time between
loading and placement. Provide a 3/8-inch diameter hole near the middle of the left sidewall
of the bed for ACP placement temperature testing.
ACP will be rejected before placing if one or more of the following occurs:
• Placement temperature measured in the truck below limit specified in the approved
JMF.
• Below temperature limit specified in 00744.42.
• Slumping or separating.
• Solidifying.
• Absorbing moisture
• Any other item,in the judgment of the Engineer,would be likely to decrease the quality
of the paving.
Dispose of rejected loads at no additional cost to the Agency.
Vehicles which cause excessive segregation, which leak badly, or which the Engineer has
determined delay normal operations, shall be removed from the project.
Deliver the mixture to the paving machine at a rate that provides continuous operation of the
paving machine, except for unavoidable delay or breakdown. If excessive stopping of the
paving machine occurs during paving operations,the Engineer may suspend paving operations
until the mixture delivery rate matches the paving machine operation.
Do not use diesel oil as a release agent unless approved by the Engineer. Do not clean out
trucks in front of the paver. Clean trucks in an approved location away from the paving
operation. Clean up and restore cleanout area daily.
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(b) Depositing-Deposit ACP from the hauling vehicles so segregation is prevented,
(c) Placing-Alternative equipment and means may be allowed by the Engineer if the use of a
paver is impractical. If a dump truck cannot physically deliver the mix to a tight area, a very
clean bucket of a loader may be used as an alternate.
Do not place ACP during rain or other adverse weather conditions, unless allowed by the
Engineer. ACP in transit at the time adverse conditions occur may be placed if:
• It has been covered during transit.
• The ACP temperature is satisfactory.
• It is placed on a foundation free from pools or flow of water.
• No other factors are observed by the Engineer that would reduce the quality of paving.
Place the mixture in the number of lifts and courses, and to the compacted thickness for each
lift and course, as shown. Place each course in one lift unless otherwise specified. Do not
exceed a compacted thickness of 3 inches for any lift. Un-it the minimum lift thickness to twice
the maximum aggregate size in the mix.
Asphalt shall not be placed against concrete,curb or gutter,or other structures,until seven days
after the concrete has been placed, adequate strength of the concrete has been achieved, and
they have been backfilled to provide lateral support.
When more than one lift of asphalt is required, no subsequent lifts shall be placed until the
prior lift has adequately cooled and set sufficiently to prevent marking and has achieved
minimum compaction requirements. Sequence operations so that each lift of asphalt is placed
on different days.
Any mixture that becomes loose and broken,mixed with dirt or is in any way defective shall be
subject to removal and to replacement with fresh hot mixture, which shall be compacted to
conform to the surrounding area. Any area showing an excess or deficiency of asphalt cement
shall be subject to removal and to replacement. Removal and replacement under these
provisions shall be at the expense of the Contractor.
If hand work is necessary such as at transitions,curb ramps,beginning,and ending panels,stop
material from becoming segregated by excessive raking. If larger aggregate collects on the
surface, remove this larger aggregate and introduce fresh, appropriately graded mixture to the
area and finish so there is no apparent segregation and the mat is one uniform texture.
Do not broadcast mix by shovel across a new mat. If observed,the portion the affected portion
of the mat may be rejected.
00744.46 Longitudinal joints - At longitudinal joints, bond, compact and finish the new ACP
equal to the ACP against which it is Placed.
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(a) Location- Place the ACP in panel widths which hold the number of longitudinal joints to
a minimum. Offset the longitudinal joints in one panel by at least 6 inches from the longitudinal
joints in the panel immediately below.
(1)Base Course-Place base course longitudinal joints within 12 inches of the edge of a lane,
or within 12 inches of the center of a lane,except in irregular areas,unless otherwise shown.
(2) Wearing Course - Construct longitudinal joints at either lane lines or fog lines, or as
shown or directed.
(b) Drop-offs:
• Provide warning signs and markings according to Section 00225 where abrupt or sloped
edge drop-offs 1 inch or more in height occur.
• Protect edges from being broken down.
If unable to complete the pavement without drop-offs according to 00744.44(c) do the
following:
• Construct and maintain a wedge of ACP at a slope of 1V:10H or flatter along the exposed
longitudinal joint.
• Remove and dispose of the wedge before continuing paving operations.
• Construct, maintain, remove, and dispose of the temporary wedge at no additional cost
to the Agency.ACP for the temporary wedge will be paid for at the pay item price.
(c)Placing Under Traffic-When placing ACP pavement under traffic,schedule work for the
nominal thickness being laid as follows:
(1) More Than 2 Inches - Schedule work so at the end of each working shift the full width
of the area being paved, including shoulders, is completed to the same elevation with no
longitudinal drop-offs,unless approved.
(2) Less Than or Equal to 2 Inches - Schedule work so that at the end of each working
shift one panel of new travel lane pavement does not extend beyond the adjoining panel of
new travel lane pavement more than the distance normally covered by each shift. At the end
of each week complete the fall width of the area to be paved,including shoulders,to the same
elevation with no longitudinal drop-offs.
00744.47 Transverse joints:
(a) Travel Lanes - Construct transverse joints on the travel lane portion of an specified
pavement courses,except leveling courses,as follows:
(1) Temporary End Panel-Maintain pavement depth,line and grade at least 4 feet beyond
the selected transverse joint location, and from that point, wedge down on the appropriate
slope until the top of the course being laid meets the underlying surface(assuming a pavement
course thickness of 2 inches) as follows:
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• For wedges that will be under traffic for less than 24 hours, construct an 8 foot long
wedge (1 V:50H taper rate).
• For wedges that will be under traffic for 24 hours or longer, construct a 25 foot long
wedge (1V:160H taper rate).
• Construct,maintain,remove,and dispose of the temporary wedge at no additional cost
to the Agency.ACP for the temporary wedge will be paid for at the pay item price.
When the pavement course thickness is different than the above 2 inch example, use the
appropriate taper rate to compute the length of the wedge. The wedge length plus the 4 feet
or longer panel form the temporary end panel.
(2)Vertical Face-After the mixture has reached the required density:
• Provide a smooth, vertical face the full depth of the course being laid at the location
selected for the joint by sawing,cutting or other approved method.
• Remove the ACP material from the joint to the end of the panel. If removed before
resuming paving beyond the joint,reconstruct the temporary end panel immediately by
placing a bond-breaker of paper,dust,or other suitable material against the vertical face
and on the surface to be occupied by the temporary end panel. Construct a full-depth
panel at least 4 feet long,beginning at the sawed or cut joint, and taper it on a 1 V:50H
slope to zero thickness.
(3) Excess Asphalt Concrete Pavement - After completing a temporary end panel as
specified,dispose of unused,remaining ACP as directed. Payment will be made for the entire
load of ACP, but will be limited to only one load for each joint of each panel.
(4) Resume Paving - When permanent paving resumes, remove the temporary end panel
and any bond-breakers. Clean the surface of all debris and apply a tack coat to the vertical
edge and the surface to be paved.
(5)Joint Requirements - Compact both sides of the joint to the specified density. When
tested with a straightedge placed across the joint,the joint surface shall conform to 00744.70.
(b) Abutting Bridge Ends - Compact the ACP abutting bridge ends and other rigid type
structures in the longitudinal direction and either transverse or diagonal direction,as directed.
(c) Bridge Deck Overlays - Saw cut the wearing course of pavement directly over the joints
in bridge decks, bridge end joints and end panel end joints as soon as practical but within 48
hours of paving each stage of the wearing course,unless otherwise directed. Saw cut a 3/8 inch
wide, ±1/8 inch, by 1/2 inch less than the thickness of the panel of pavement depth or 1 1/2
inches deep,whichever is less.
Flush the saw cut thoroughly with a high-pressure water stream after the cut has been made.
Before the cut dries out, blow it free of water and debris with compressed air. Fill the joint
with a poured filler from the QPL.
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00744.48 Asphalt Driveway Connections - Pave all driveway connections during mainline
paving operations. .
00744.50 Compaction-After the ACP has been spread, struck off,and surface irregularities and
other defects remedied,roll it uniformly until compacted to a minimum of 93 percent of MAMD.
Perform finish rolling and continue until all roller marks are eliminated. Rollers shall not make
sharp turns on the course being compacted and they shall not be parked on the hot asphalt
mixture.
Complete breakdown and intermediate compaction before the HMAC temperature drops below
180°F,unless otherwise directed or required based on the control strip. When the rolling causes
tearing, displacement, cracking or shoving, make necessary changes in compaction temperature,
type of compaction equipment, and rolling procedures.
Determine compliance with density specifications by random testing of the compacted surface
with calibrated nuclear gauges. Determine the density by averaging QC tests performed by a
CDT with the nuclear gauge operated in the backscatter mode according to WAQTC T 8 at one
random location for each 100 tons of asphalt concrete placed,but take no less than 10 tests each
shift. Do not locate the center of a density test less than 1 foot from the panel edge. Calculate
MAMD according to ODOT TM 305. The Agency may elect to complete additional compaction
testing at its discretion. The Engineer may waive compaction testing upon written notice.
Compaction to a specified density will not be required for the following:
• Thin Pavements - Leveling, patches, or where the nominal compacted thickness of a
course of ACP will be less than 2 inches.
• Other Areas - Temporary surfacing, guardrail flares, mailbox turnouts, road approaches,
and areas of restricted width of less than 8 feet wide or limited length, regardless of
thickness.
Compact thin pavements and other areas according to 00749.45.
Any displacement of any course,regardless of thickness, occurring as a result of the reversing of
the direction of a roller, or from other causes, shall be corrected at once by the use of rakes and
addition of fresh mixture when required.
The Contractor shall notify the Engineer/Inspector immediately when the average density does
not meet 93% or exceeds 95%. An investigation will be initiated to determine if the results
indicate that a problem with the mix is developing before laying any more material. Take all
actions necessary to resolve compaction problems. Do not resume paving until allowed by the
Engineer. Take immediate corrective measures when the specified compaction density is not
being achieved. At the Engineer's discretion, corrective measures may include removing and
replacing areas that fail to comply with compaction requirements.
00744.51 Joints—Seal all joints per Section 00744.71.
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Maintenance
00744.60 Correction of Defects - Correct all defects in materials and work, as directed, at no
additional cost to the Agency. Corrective measures required by the Engineer may include removal
and replacement of the surface course within the defective area. Complete all corrective work
within 14 calendar days following notification from the Engineer. After completion of the
defective work,if the Engineer finds the work unsatisfactory,perform additional corrective work
on the areas still not meeting the requirements. Correct defects according to the following:
(a) Fouled Surfaces - Repair, clean, and retack fouled surfaces that would prevent full bond
between successive lifts of mixture.
(b)Boils,Slicks,and Oversized Material-Replace boils,slicks,and oversized materials with
fresh mixture.
(c) Segregation-Take corrective measures when segregation or non-uniform surface texture
is occurring in the finished mat. If segregation continues to occur,stop production until a plan
for providing uniform surface texture is approved.
(d) Roller Damage to Surface - Correct surface damage from rollers with additional fresh
mixture or by other approved means.
(e) Longitudinal joints - Take corrective measures when open longitudinal joints are being
constructed or when the elevation of the two sides of a longitudinal joint does not match. If
problems with the longitudinal joint continue to occur, stop production until a plan for
providing right,equal elevation longitudinal joints is approved.
(f) Other Defects -Remove and replace any ACP that:
* Is loose, broken,or mixed with dirt.
• Shows visually too much or too little asphalt.
00744.60 Warranty — Provide a one year warranty for all work completed on the project in
conformance with the City's General Conditions.
Finishing and Cleaning Up
00744.70 Pavement Smoothness - Furnish a 12 foot straightedge. Test with a 12 foot
straightedge parallel to and perpendicular to the centerline, as directed. The pavement surface
shall not vary by more than 1/4 inch. Mark areas not meeting the surface tolerance. These
tolerances shall apply when water valve boxes and other utility appurtenances can be adjusted
during the paving operations.
00744.71 Edge Sealing- Seal all edge joints (such as across streets,driveways,and other paved
areas) with hot crackseal 6"wide with rubberized asphalt material using the methods, materials,
and procedures specified in section 00746. This includes any cold joints created during
construction where the older section was laid more than three hours before the newer section of
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pavement, and other places where, in the judgment of the engineer, time has lapsed between
paving areas to the point where edge sealing is needed.
Seal the interface where new pavements abut curbs, gutter pans and catch basins with a hot
crackseal bead using rubberized asphalt material and the methods, materials, and procedures
specified in Section 00746. At gutter pan and catch basin locations, level sealant material flush
to the surface with a "V" shaped squeegee device.
00744.75 Correction of Pavement Roughness - Correct equipment or paving operation
procedures when tests show the pavement smoothness does not comply with 00744.70. In
addition,do the following.
(a)Methods-Correct surface roughness to the required tolerances,using one of the following
methods as approved by the Engineer:
• Remove and replace the wearing surface lift.
• Profile to a maximum depth of 0.3 inch with abrasive grinders equipped with a cutting head
comprised of multiple diamond blades, and apply an emulsion fog seal as directed.
(b) Time Limit - Complete correction of all surface roughness within 14 calendar days
following notification,unless otherwise directed.
00744.76 Cleanup - Clean and remove all excess asphalt, debris and tack from all facilities
including but not limited to manhole covers,valve boxes, catch basins,gutter and curb faces.
Keep a sweeper on site at all times to sweep areas as needed and as directed.
Measurement
00744.80 Measurement - The quantities of ACP will be measured on the weight basis.
No deductions will be made for asphalt cement, mineral filler, lime, anti-strip, or any other
additive used in the mixture.
The quantities of edge sealing and curb sealing will be measured by the length basis, per linear
foot of sealing installed.
Payment
00744.90 Payment - The accepted quantities of ACP incorporated into the project,whether or
not recycled materials are used,will be paid for at the Contract unit price, per ton, for the item
"Level ACP Mixture ".
The following will be inserted in the blanks:
• The level of ACP (1,2, 3) will be inserted in the first blank.
• The type of ACP (3/4 inch, 1/2 inch, 3/8 inch),will be inserted in the second blank.
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• The words "in Leveling", "in Temporary", "in Leveling and Temporary" will be inserted
in the third blank when applicable.
The accepted quantities of curb sealing will be paid for at the Contract unit price,per linear foot,
for the item "Curb Sealing".
The accepted quantities of edge sealing will be paid for at the Contract unit price,per linear foot,
for the item"6 Inch Wide Edge Seal".
Payment will be payment in full for furnishing and placing all materials, and for furnishing all
equipment,labor,and incidentals necessary to complete the work as specified. Payment includes
furnishing and placing temporary asphalt placed to open the roadway to traffic.
No separate or additional payment will be made for:
• asphalt cement, mineral filler,lime, and anti-stripping or other additives
• sawing, cleaning, and fling joints on bridge deck overlays
• Quality Control Testing
SECTION 00748 -ASPHALT CONCRETE PAVEMENT REPAIR
Comply with Section 00748 of the Standard Specifications,modified as follows:
00748.10 Materials—Add the following to the beginning of this subsection:
Aggregate base and recycled asphalt products (RAP) in base material shall be sized as specified.
Base material shall be aggregate base or RAP in base as the Contractor elects.
Add the following item to the list of materials:
Reclaimed Asphalt Pavement (RAP) in Base and Subbase..................00645
00748.20 Equipment—Add Section 00645 to the fist of specification sections.
00748.80 Measurement — Replace the paragraph that begins "No separate or additional
payment..." with the following paragraph:
No separate or additional payment will be made for excavation, cold plane pavement removal,
geosynthetics,reclaimed asphalt pavement (RAP) in base or aggregate base,and water.
SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES
Comply with Section 00749 of the Standard Specifications modified as follows:
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00749.44 Placing Asphalt Concrete - Replace the paragraph that begins "Construct all
structures within..." and the bullet list with the following paragraph and bullet fist:
Construct all structures within the following fines and grades:
• 0.08 foot of true line
• 0.04 foot of established surface grade, cross section and slope
• 0.04 foot of specified thickness
00749.91 Method"A"—Weight and Extras Basis—Add the following pay items:
(j)Extra for Spot Grind and Inlay Areas.................................Square Yard
Add the following to the end of this subsection:
Item 0) includes spot grind and inlay areas shown,and as marked and adjusted by the Engineer
in the field. Areas are for localized repairs as shown. Areas will be based on a typical grinder
width (7 foot maximum). Asphalt concrete pavement and cold plane pavement removal will be
measured and paid for separately.
SECTION 00759-MISCELLANEOUS PORTLAND CEMENT CONCRETE
STRUCTURES
Comply with Section 00759 of the Standard Specifications modified as follows:
00759.00 Scope -Add the following to the end of this subsection:
This work consists of constructing new pordand cement concrete sidewalk ramps with
monolithic curbs and grade correction curbs.
Add the following subsection:
00759.02 Preplacement Conference -Before beginning any sidewalk ramp work, meet with
the Contractor's supervisory personnel and quality control manager, any sidewalk ramp
subcontractors' supervisory personnel,and the Engineer at a mutually agreed upon time.
If the Contractor's personnel change, or if the Contractor proposes a significant revision to the
plan for accomplishing the sidewalk ramp work, the Engineer may require additional
preplacement conferences.
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Add the following subsections:
00759.22 Smart Level- Slopes will be verified with the use of a 24 inch SmartTool level
model 92379, a 6 inch SmartTool level model 92346. The 6 inch level win only be used to
measure counter slope when there is a concrete gutter. All other locations will use the 24 inch
level to measure slopes.
00759.44 joining New to Existing Concrete-Add the following paragraph after the first
paragraph:
Where gaps between preformed expansion joint filler material installed by the Contractor and
existing concrete or structures are greater than a 1/4 inch and/or the depth of gaps are deeper
than a 1/4 inch, furnish and install a poured joint sealant from the (SPL per Section 02440.11.
Install backer rod as required per 02440 and the manufactures recommendations.
00759.46 Concrete-Add the following paragraphs after the first paragraph:
Before placing concrete, verify that forms are correctly positioned to produce sidewalk ramps
with proper slopes and dimensions to comply with the Standard Drawings and Plans and
standards (such as PROWAG).
Before placing concrete, protect adjacent walls, fences, buildings or other objects on private
property that may be impacted by concrete splatter. Remove any concrete splatter from such
objects on the same day that concrete is placed.
Place concrete within 90 minutes after batching and mixing per Section 00440.40.
00759.50(c) Driveways, Walks, and Surfacings -Add the following paragraph to the end of
this subsection:
In addition, finish concrete surfaces of sidewalk ramps to be within the established slopes and
dimensions allowed by the Standard Drawings and Plans. Repair or remove and replace sidewalk
ramps not meeting the Standard Drawings and Plans at no additional cost to the Agency.
Add the following subsection:
00759.55 Restoration of Adjacent Surfacing — After sidewalks are cured and forms are
stripped,restore any disturbed adjacent surfacing to prior condition or better. Restoration work
includes but is not limited to the roadway surfacing reconstruction work required to retrofit the
sidewalk curb ramp, fine grading, bark mulch, sod,joint sealant and any other work necessary to
match conditions.
00759.80 Measurement-Add the following sentence(s) to the bullet that begins "Area
Basis - Measurement...":
Measurement of concrete walks will include the total area of concrete walk,including the area of
new concrete sidewalk ramps and truncated domes within the footprint of the concrete walk.
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00759.90 Payment-Add the following to the end of this subsection:
All costs associated with protecting the freshly poured concrete and restoration of adjacent
landscaping and surfacings shall be incidental to the applicable pay item.
No separate or additional payment will be made for Preplacement Conference, concrete form
verification,placement of asphalt concrete pavement,removal and reinstallation of existing signs
and sign posts, and any necessary repair or removal and replacement of Sidewalk Ramps to meet
ADA/PROWAG.
Removal will be paid for according to 00310. Aggregate base will be paid for according to 00640.
Concrete curbs will be paid for according to 00759. ACP will be paid for according to 00744.
SECTION 00850- COMMON PROVISIONS FOR PAVEMENT MARKINGS
Comply with Section 00850 of the Standard Specifications modified as follows:
00850.30 Manufacturer's Representative - Replace this subsection, except for the subsection
number and title,with the following:
For Sections referencing 00850.30, the services of a manufacturer's representative are not
required. Place pavement markings only when the pavement is ready for the pavement marking
material according to the manufacturer's installation instructions.
00850.43 Prepare and Prime Pavement—Add the following to the end of this subsection:
Install pavement markings within ten calendar days of paving operations.
SECTION 00851 -PAVEMENT MARKING REMOVAL
Comply with Section 00851 of the Standard Specifications modified as follows:
00851.40 General- In the paragraph that begins "Remove durable and non-durable...", delete
the sentence that begins "Remove durable markings by steel...".
00851.80 Measurement—Replace this subsection, except for the subsection number and title,
with the following:
No measurement for pavement marking removal will be made. Pavement marking removal is
considered incidental to other items.
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SECTION 00855 -PAVEMENT MARKERS
Comply with Section 00855 of the Standard Specifications modified as follows:
00855.40(a) General—Add the following to the end of this subsection:
Replace fire hydrant reflectors with one reflective Type I bi-directional blue marker, installed 1
foot from the centerline of pavement toward the fire hydrant.
00855.90 Payment-Add the following pay items:
Pay Item Unit of Measurement
(i) BI-Directional Blue Type 1AR Markers................................Each
SECTION 00856- SURFACE MOUNTED TUBULAR MARKERS
Comply with Section 00856 of the Standard Specifications modified as follows:
00856.10 Materials —Replace this subsection, except for the subsection number and tide, with
the following.
Furnish the following surface mounted tubular marker from the QPL,or approved equal:
• Tuff Post Flexible Tubular Marker with Surface Mount Fixed Base manufactured by
Impact Recovery Systems: 3 inch diameter with round top,36 inch height,marker to be
yellow in color with two (2) 3 inch-Aide bands of retroreflective sheeting,base to be
black in color.
SECTION 00865-LONGITUDINAL PAVEMENT MARKINGS-DURABLE
Comply with Section 00865 of the Standard Specifications modified as follows:
00865.40 General—Add the following to the end of this subsection:
The skid resistance of the pavement marking shall equal or exceed the skid resistance of the
adjacent pavement in both wet and dry conditions.
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SECTION 00867 -TRANSVERSE PAVEMENT MARKINGS-LEGENDS AND
BARS
Comply with Section 00867 of the Standard Specifications modified as follows.
00867.45 Installation-Replace the paragraph that begins "Minimum initial retroreflectivity..."
with the following paragraph and bullets:
Minimum initial retroreflectivity shall conform to the following:
• White - 250 mcd/m2/lx
• Yellow-200 mcd/mZ/lx
SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS
Comply with Section 00905 of the Standard Specifications modified as follows.
00905.90 Payment — No separate or additional payment for removal and/or removal and
reinstallation of existing signs and supports will be made. Removal and/or removal and
reinstallation of existing signs and supports is considered incidental to other items.
SECTION 00920 - SIGN SUPPORT FOOTINGS
Comply with Section 00920 of the Standard Specifications modified as follows:
00920.80 Measurement — Delete the paragraph that begins with "Estimated quantities of
concrete..."
00920.90 Payment—Replace this subsection, except for the subsection number and title,with
the following:
No payment for perforated steel square tube sign support footings (anchor foundations or slip
base foundations) will be made. Sign support footings are considered incidental to other items.
SECTION 00930-METAL SIGN SUPPORTS
Comply with Section 00930 of the Standard Specifications modified as follows:
00930.10 Materials - Replace the paragraph that begins "Except for perforated steel square
tube..." with the following paragraph:
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Except for perforated steel square tube slip base sign supports and for perforated steel square
tube anchor sign supports, galvanizing shall conform to the requirements of Section 02530.
Galvanize perforated steel square tube slip base sign supports and perforated steel square tube
anchor sign supports according to ASTM A653 G90, zinc coat comer seam weld after scarfing,
apply a conversion coating,and apply a final clear polymer coating.
00930.40(c) Welding - Replace the paragraph that begins "AWS 131.1, Clause 3..." with the
following bullets:
• AWS 131.1,Clause 3 prequalified welds for complete joint penetration (CJP) are not allowed.
• Qualify CJP welds according to AWS 131.1, Clause 4. Perform V notch (CVN) testing at 70
'F meeting the requirements of the absorbed energy values of Table 4.14.
00930.40(d-2-a) Direct Tension Indicator Tightening - Replace this subsection, except for
the subsection number and title,with the following:
Install new and unused direct tension indicator washers at each bolt. Install so that the direct
tension indicator protrusions are in contact with a hardened washer.
Bring the connection to a snug tight condition. Snug tight is defined as the condition when all
plies of the connection are in firm contact and can be attained by applying the full effort of a
worker on the end of a 12 inch long wrench to each bolt in the connection. Tighten all fasteners
in the connection by progressing systematically from the most rigid part of the connection to the
free edges in a manner that will minimize relaxation of previously tightened fasteners. In some
cases, proper tensioning of the bolts may require more than a single cycle of systematic partial
tightening.
After attaining a snug tight condition, tighten all fasteners in the connection by progressing
systematically from the most rigid part of the connection to the free edges until all of the spaces
between the direct tension indicator protrusions refuse entry to a 0.005 inch feeler gauge.
00930.40(e-2) Direct Tension Indicator Method - Replace this subsection, except for the
subsection number and title,with the following-.
Provide the Engineer fall opportunity to witness installation of bolted connections. The Engineer
will periodically observe the installation and tightening operations to ensure that proper
procedures are being adhered to.
Upon completion of a bolted joint,the Engineer will determine that all bolts have been tightened.
A minimum of 10 percent, but not less than two bolts in each joint,will be inspected. The joint
will be accepted as properly tightened when all spaces between the direct tension indicator
protrusions refuse entry to a 0.005 inch feeler gauge. If there are any spaces between the direct
tension indicator protrusions that do not refuse entry to a 0.005 inch feeler gauge, re inspect all
bolts, retighten bolts in the joint as required, and resubmit the joint for inspection.
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00930.80 Measurement - Delete the paragraph that begins with "Estimated quantities of
structural steel..."
00920.90 Payment—Replace this subsection, except for the subsection number and title,with
the following:
No payment for perforated steel square tube sign supports (anchor base foundations or slip base
foundations) will be made. Metal sign supports are considered incidental to other items.
SECTION 00940 - SIGNS
Comply with Section 00940 of the Standard Specifications modified as follows:
00940.80 Measurement—Replace this subsection, except for the subsection number and tide,
with the following:
The quantities of signs,regardless of type,will be measured by the unit basis,of each sign installed
complete.
No separate or additional measurement will be made for sign support footings,perforated steel
square tube anchor base sign supports or perforated steel square tube slip base sign supports.
00940.90 Payment-Replace this subsection, except for the subsection number and title, with
the following:
The accepted quantities of signs,regardless of sign type,will be paid for at the Contract unit price,
per each, for the item"MUTCD Signs—In Place".
The MUTCD sign designation will be inserted in the blank.
Payment will be made in full for furnishing and placing all materials, and for furnishing all
equipment,labor, and incidentals necessary to complete the work as specified.
No separate or additional payment will be made for sign support footings,perforated steel square
tube anchor base sign supports or perforated steel square tube slip base sign supports,and
Payment for work done under this Section will be limited to 75 percent of the amount due until
the Agency has received the signed warranties required by 02910.75.
SECTION 00960-COMMON PROVISIONS FOR ELECTRICAL SYSTEMS
Comply with Section 00960 of the Standard Specifications modified as follows:
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00960.41(f) Disposition of Waste Materials - Replace this subsection title with the fide
"Disposal of Materials".
SECTION 00964—RECTANGULAR RAPID FLASHING BEACON ASSEMBLY
Section 00964, which is not a Standard Specification, is included in this Project by Special
Provision.
Description
00964.00 Scope—Install rectangular rapid flashing beacon (RRFB) assembly according to the
plans, manufacturers recommendations and the following Special Provision. Work will consist
of installing concrete square tube sign support slip base foundations, installing square tube sign
supports, installing solar powered RRFB systems, installing audible pedestrian push buttons,
installing permanent signing and installing other necessary and incidental items as shown in the
plans for a fully functional RRFB crosswalk crossing.
Materials
00964.10 Materials—Furnish materials meeting the requirements:
Sign Support Footings..................00920
Metal Sign Supports......................00930
Signs.......................................00940
Furnish the following RR-FB, system:
0 Model R920 Series Rectangular Rapid Flashing Beacon as manufactured by Carmanah
Technologies Corporation.
Construction
00964.21 Excavation and Backfill—Excavate and backfill according to Section 00920.40.
00964.22 Concrete—Construct concrete sign foundations according to Section 00920.41 and
as shown on the plans.
00964.23 Metal Sign Supports—Fabricate and erect sign supports according to Section
00930.40 and as shown on the plans.
00964.24 Signs—Fabricate and erect sign according to Section 00940 and as shown on the plans.
00964.24 Rectangular Rapid Flashing Beacon System —Install RRFB system according to
the manufactures recommendations for installation and as shown on the plans.
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Measurement
00964.80 Measurement—No measurement of quantities will be made for work performed
under this Section.
Payment
00964.90 Payment—The accepted quantities of work performed under this Section will be paid
for at the contract unit price,per unit of measurement, for the following item:
Pay Item Unit of Measurement
(a) Rectangular Rapid Flashing Beacon Installation.............Lump Sum
Item (a) includes installing concrete sign support foundations, installing perforated steel square
tube sign supports, installing solar powered RRFB systems, installing audible pedestrian push
buttons,installing permanent signing and installing other necessary and incidental items as shown
in the plans or per the manufactures recommendations for a fully functional RRFB crosswalk
crossing,located at the northwest comer and southwest comers of the intersection at SW Bonita
Road and SW 79'Avenue/SW Fanno Creek Drive.
Payment will be made in full for furnishing and placing all materials, and for furnishing all
equipment,labor, and incidentals necessary to complete the work as specified.
SECTION 00990-TRAFFIC SIGNALS
00990.00 Scope - Replace this subsection, except for the subsection number and title,with the
following:
In addition to the requirements of Section 00960,Section 00962,and Section 02925,install traffic
signals according to the following Specifications. This work includes removing and reinstalling
inductive traffic signal loop detector wiring as necessary to complete the paving work as shown.
This work also includes protecting and rehabilitating as needed existing sand pockets and
completing new splices to existing loop feeder cables at existing junction boxes where applicable.
00990.43(b-3) Installation—Add the following to the end of this subsection:
The Contractor shall coordinate loop detector removal and reinstallation work with the Oregon
Department of Transportation (ODOT) and Washington County (County). Obtain all permits
and material and method approvals required by ODOT and/or County staff. Notify ODOT and
the County a minimum of 3 working days prior to disturbing the existing traffic loops. All work
shall be completed by a contractor experienced in installing 6-foot round vehicle loops. Protect
existing loop sand pockets and conduit stubs.
00990.43(b-5) Resistance Testing-Replace the bullet list with the following bullet list:
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• Before splicing and sealing—continuity test
• Before splicing after sealing—resistance test
• After splicing and sealing—resistance test
00990.90 Payment- Replace pay item(s) (a),(b),(c),(d),(0,and(g)with the following pay items:
(a) Loop Detector Installation,...................................Lump Sum
Add the following paragraph before the paragraph that begins "Item (a) includes furnishing...
In item (a), the intersection location will be inserted in the blank.
SECTION 01030- SEEDING
Comply with Section 01030 of the Standard Specifications modified as follows:
01030.80 Measurement- Replace this subsection, except for the subsection number and tide,
with the following:
No measurements will be made for this work,as it is considered incidental to other work on this
project.
01030.90 Payment—Replace this subsection, except for the subsection number and title, with
the following:
No separate or additional payment will be made for this work, as it is considered incidental to
other work on this project.
SECTION 02010- PORTLAND CEMENT
Comply with Section 02010 of the Standard Specifications modified as follows:
02010.10(b) Specifications -Replace this subsection, except the subsection number and title,
with the following:
Portland cement shall conform to the requirements of AASHTC) M 85 or ASTM C150 for low
alkali cement except as follows:
• Cement shall have a total alkali content (sodium and potassium oxide calculated as
Na20 + 0.658 K20) not exceeding 0.60 percent.
• A.0 cement types shall contain a maximum of 8 percent tricalcium aluminate(CA).
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• The time-of-setting tests will be by either the Gillmore test or the Vicar test.
• Types I and 11 maximum fineness (specific surface) as determined by AASHTO T153 air
permeability test shall be 430 m'/kg. If C3S + 4.75 C3A is less than or equal to 90, the
fineness criteria does not apply.
02010.20 Blended Hydraulic Cement- Replace this subsection, except for the subsection
number and title,with the following:
Blended hydraulic cement shall be either Type IS-pordand blast-furnace slag cement,
Type IP-pordand-pozzolan cement, Type IL-pordand-limestone cement, or Type IT-ternary
blended cement according to AASHTO M 240.
Furnish blended hydraulic cement from the QPL.
SECTION 02050 - CURING MATERIALS
Comply with Section 02050 of the Standard Specifications modified as follows:
02050.00 Scope -Replace this subsection, except for the subsection number and tide,with the
following:
This Section includes the requirements for liquid compounds, polyethylene films, and curing
blankets used to cover concrete and other surfaces to retain moisture and to cure.
02050.10 Liquid Compounds -Replace this subsection,except for the subsection number and
title,with the following:
Furnish liquid membrane-forming curing compounds from the QPL and meeting the
requirements of ASTM C309,except that testing will be done according to ODOT TM 721.
All compounds shall be Type 1-D or Type 2,Class A or B.
Only Type 2,Class B resins will be allowed for the following concrete pavement applications:
• Plain concrete pavement repair.
• Continuously reinforced concrete pavement.
• Plain concrete pavement.
• Reinforced concrete pavement repair.
Before using liquid compounds,submit one quart samples of each lot for testing,except samples
are not required for commercial grade concrete.
02050.40 Liquid Evaporation Reducer Compounds - Delete this subsection.
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SECTION 02320 - GEOSYNTHETICS
Comply with Section 02320 of the Standard Specifications modified as follows:
02320.10(c-1-a) Geotextiles - Replace the bullet that begins "Minimum average roll values..."
with the following bullet:
• Minimum average roll values for each of the specified properties from the same production
run as the delivered material.
02320.20 Geotextile Property Values- Replace Table 023204 through Table 02320-6 with the
following tables:
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Table 02320-1 Geotextile Property Values for Drainage Geotextile 1,2
Geotextile Property Requirements
Geotextile Proper ASTM unit Type 1 Type 2
Property Test Method s Woven Nonwove Woven Nonwove
n n
Grab Tensile Strength
(minimum) Machine D 4632 lb 180 115 250 160
and Cross Machine
Directions
Grab Failure Strain
(minimum) Machine D 4632 % < 50 > 50 < 50 > 50
and Cross Machine
Directions
Tear D 4533 lb 67 40 90 56
Strength (minimum)
Puncture Strength D 6241 lb 370 220 495 310
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 40 40 40 40
U.S. Standard Sieve
Permittivity (minimum) D 4491 sec-i 0.5 0.5 0.5 0.5
Ultraviolet Stability D 4355
Retained (at 500 hours) % 50 50 50 50
Strength (minimum) I I I I I I
All geotextile properties are Minimum Average Roll Values (MARV). The test results for
any sampled roll in a lot shall meet or exceed the values shown in the table.
2 Woven slit film geotextiles (geotextiles that are made from yarns of a flat,tape-like
character) are not acceptable.
Table 02320-2 Geotextile Property Values for Riprap Geotextile
Geotextile Property Requirements
Geotextile Proper ASTM Unit Type 1 Type 2
Property Test Method s Woven Nonwove Woven Nonwove
n n
Grab Tensile Strength
(minimum) Machine D 4632 lb 250 160 315 200
and Cross Machine
Directions
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Grab Failure Strain
(minimum) Machine D 4632 % < 50 >_ 50 < 50 ? 50
and Cross Machine
Directions
Tear D 4533 lb 90 56 110 80
Strength (minimum)
Puncture Strength D 6241 lb 495 310 620 430
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 — 40 40 40 40
U.S. Standard Sieve
Permittivity (minimum) D 4491 sec' 0.5 0.5 0.5 0.5
Ultraviolet Stability D 4355
Retained (at 500 hours) % 70 70 70 70
Strength (minimum)
' All geotextile properties are Minimum Average Roll Values (MARV). The test results for
any sampled roll in a lot shall meet or exceed the values shown in the table.
2 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 Requirements
ASTM Supported Unsupported
Geotextile Property Test Method Units Elongation 2 Elongation
>_ 50% < 50%
Grab Tensile Strength
(minimum) Machine 90 120 120
and Cross Machine D 4632 lb 90 100 100
Directions
Apparent Opening Size
(AOS) (maximum) D 4751 — 30 30 30
U.S. Standard Sieve
Permittivity (minimum) D 4491 sec' 0.05 0.05 0.05
Ultraviolet Stability D 4355
Retained (at 500 hours) % 70 70 70
Strength (minimum)
' All geotextile properties are Minimum Average Roll Values (MARV). The test results for
any sampled roll in a lot shall meet or exceed the values shown in the table.
2 Measured according to ASTM D 4632.
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Table 02320-4 Geotextile Property Values for Subgrade Geotextile
(Separation) '
Geotextile Property
Geotextile Property ASTM Test Method Units Requirements
Woven Nonwoven
Grab Tensile Strength
(minimum) Machine and D 4632 lb 180 113
Cross Machine Directions
Grab Failure Strain
(minimum) Machine and D 4632 % < 50 >_ 50
Cross Machine Directions
Tear Strength (minimum) D 4533 lb 68 41
Puncture Strength D 6241 lb 371 223
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 — 30 30
U.S. Standard Sieve
Permittivity (minimum) D 4491 sec-' 0.05 0.05
Ultraviolet Stability D 4355
Retained (at 500 hours) % 50 50
Strength (minimum)
' All geotextile properties are Minimum Average Roll Values (MARV). The test
results for any sampled roll in a lot shall meet or exceed the values shown in the
table.
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Table 02320-5 Geotextile Property Values for Embankment Geotextile
ASTM Geotextile Property
Geotextile,Property Units Requirements
Test Method
Woven Nonwoven
Grab Tensile Strength
(minimum) Machine and D 4632 lb 315 200
Cross Machine Directions
Grab Failure Strain
(minimum) Machine and D 4632 % < 50 > 50
Cross Macliine, Directions
Tear Strength (minimum) D 4533 lb 110 80
Puncture Strength D 6241 lb 620 430
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 30 30
U.S. Standard Sieve
Permittivity (minimum) D 4491 sec-1 0.02 0.02
Ultraviolet Stability D 4355
Retained (at 500 hours) % 50 50
Strength (minimum) I I I
All geotextile properties are Minimum Average Roll Values OvIARV). The test
results for any sampled roll in a lot shall meet or exceed the values shown in
the table.
Table 02320-6 Geotextile Property Values for Pavement Overlay
Geotextile '
ASTM Geotextile Property
Geotextile Property Test Method Units Requirements
Nonwoven
Grab Tensile Strength
(minimum) Machine D 4632 lb 100
and Cross Machine
Directions
Grab Failure Strain
(minimum) Machine D 4632 % 50
and Cross Machine
Directions
Asphalt Retention D 6140 oz./sq.ft. 2.8
(minimum)
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Melting D 276 OF 300
Point (minimum)
' All geotextile properties are Minimum Average Roll Values (MARV). The
test results for any sampled roll in a lot shall meet or exceed the values
shown in the table.
SECTION 02440—JOINT MATERIALS
Comply with Section 02440 of the Standard Specifications modified as follows:
02440.15 Lubricant/Adhesive -Replace this subsection,except for the subsection number and
title,with the following:
Furnish a lubricant/adhesive conforming to ASTM D 4070 and according to the
recommendations of the seal manufacturer.
002440.50(b) Non-Epoxy (Non-Shrink) Grout- Replace this subsection, except for the
subsection number and title,with the following.
Furnish a non-epoxy (non-shrink) grout according to 02080.30. Place or pack non-epoxy
(non-shrink) grouts only with the use of a non-epoxy bonding agent according to 02070.20,
applied to all cured concrete surfaces being grouted. Use a bonding agent compatible with the
grout used.
SECTION 02530 - STRUCTURAL STEEL
Comply with Section 02530 of the Standard Specifications modified as follows:
02530.71 Repair of Hot-Dip Galvanizing-Add the following sentence after the sentence that
begins "Repair damaged...":
Furnish galvanizing repair material from the QPL.
SECTION 02560-FASTENERS
Comply with Section 02560 of the Standard Specifications modified as follows:
02560.30 Tie Rods and Anchor Bolts -Replace this subsection with the following subsection:
02560.30 Tie Rods,Anchor Bolts, and Anchor Rods:
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(a) Steel Tie Rods, Anchor Bolts, and Anchor Rods - Steel tie rods, anchor bolts, and
anchor rods shall conform to:AASHTO M 314,Grade 36 or 55;ASTM F 1554,Grade 36 or
55.
(b) High-Strength Tie Rods,High-Strength Anchor Bolts,and High-Strength Anchor
Rods- High-strength tie rods,high-strength anchor bolts,and high-strength anchor rods shall
conform to: AASHTO M 314, Grade 105; ASTM F 1554, Grade 105; or ASTM A 449,
Type 1.
(c) Nuts -Nuts for tie rods,anchor bolts,and anchor rods shall conform to the requirements
of the following,or equivalent:
Plain Steel Tie Rods,Anchor Bolts, and Anchor Rods:
• All - Heavy Hex AASHTO M 291 (ASTM A 563), Grade A
Galvanized Steel Tie Rods,Anchor Bolts, and Anchor Rods:
• All - Heavy Hex AASHTO M 291 (ASTM A 563), Grade A, C, D, or DH
Plain Or Galvanized High-Strength Tie Rods, High-Strength Anchor Bolts, and
High-Strength Anchor Rods:
• All - Heavy Hex AASHTO M 291 (ASTM A 563),Grade DH
(d) Washers -Washers for anchor bolts shall conform to ASTM F 436,Type 1.
02560.40 Galvanizing and Coating of Fasteners,Tie Rods,and Anchor Bolts -Replace this
subsection title with the title "Galvanizing and Coating:"
02560.40(a) Galvanizing of Fasteners, Tie Rods, and Anchor Bolts - Replace this
subsection with the following subsection:
02560.40(a) Galvanizing of Fasteners, Tie Rods, Anchor Bolts, and Anchor Rods - Hot-
dip galvanize fasteners, tie rods, anchor bolts, anchor rods, nuts, and washers according to
AASHTO M 111 (ASTM A 123) or AASHTO M 232 (ASTM A 153) as appropriate to the
product.
When specified,mechanically galvanize fasteners according to ASTM B 695, Class 50,Type 1.
Match galvanized bolts, tie rods, anchor bolts,and anchor rods with appropriate galvanized nuts
for assembly. Ship nuts in the same container consisting of bolts,tie rods,anchor bolts,or anchor
rods.
Overtap nuts for galvanized fasteners,galvanized tie rods,galvanized anchor bolts,and galvanized
anchor rods according to AASHTO M 291 (ASTM A 563).
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Measure the zinc thickness on the wrench flats or top of bolt head of galvanized bolts and on the
wrench flats of galvanized nuts.
02560.60(a) Rotational Capacity Test-In the paragraph that begins "Test all high-strength
fasteners...",replace the first sentence with the following sentence:
Test all high-strength fasteners, except high-strength tie rods, high-strength anchor bolts, and
high-strength anchor rods,according to Method 1 or 2 below,as applicable.
02560.60(b) Other Test Requirements-Replace the two paragraphs that begin"Provide three
extra high strength bolt assemblies..." and"Provide three extra high strength tie rod and..."with
the following two paragraphs:
Provide three high-strength bolt assemblies per size per lot for check testing.
Provide one high-strength tie rod assembly, one high-strength anchor bolt assembly, and one
high-strength anchor rod assembly per size per lot for check testing.
SECTION 02910- SIGN MATERIALS
Comply with Section 02910 of the Standard Specifications modified as follows:
02910.02 Types of Signs -Replace this subsection, except for the subsection number and title,
with the following:
Traffic signs are classified by sign type as follows:
"B" Blue Type III or Type IV sheeting background with silver-white Type III or Type IV
permanent or removable legend,or silver-white Type III or Type IV sheeting overlaid
with blue electronically cuttable film background with legend cut out.
11132" Blue Type III or Type IV sheeting background with white Type IX removable legend.
"133" White Type IX sheeting overlaid with blue electronically cuttable film background with
legend cut out.
11114" Blue Type III or Type IV sheeting background with yellow Type III or Type IV
permanent legend, or yellow Type III or Type IV sheeting overlaid with blue
electronically cuttable film with legend cut out or blue transparent paste background
with retroreflective yellow screened legend or yellow Type III or Type IV permanent
legend (County Route Shield).
ItC11 Brown Type III or Type IV sheeting background with silver-white Type III or
Type IV permanent or removable legend,or silver-white Type III or Type TV sheeting
overlaid with brown electronically cuttable film background with legend cut out.
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"C1" Brown Type III or Type IV sheeting background with white Type IX removable
legend.
"C2" White Type IX sheeting overlaid with brown electronically cuttable film background
with legend cut out.
"F" Silver-white Type III or Type IV sheeting background overlaid with red and blue
electronically cuttable film with legend cut out or red and blue transparent paste
background with retroreflective silver-white screened legend or silver-white Type III
or Type IV permanent legend.
"F1" White Type IX sheeting background overlaid with red and blue electronically cuttable
film with legend cut out or red and blue transparent paste background with white
Type IX permanent legend.
"G" Green Type III or Type IV sheeting background with silver-white Type III or Type IV
permanent or removable legend,or silver-white Type III or Type IV sheeting overlaid
with green electronically cuttable film background with legend cut out.
"G1" Green Type III or Type IV sheeting background with white Type IX removable
legend.
"G2" White Type IX sheeting overlaid with green electronically cuttable film background
with legend cut out.
"G5" Green Type III or Type IV sheeting background with white Type IX permanent
legend and symbol, or white Type IX sheeting overlaid with green electronically
cuttable film background with legend cut out and white Type IX symbol(Combination
Lane-use / Destination Overhead Guide Sign).
"00" Orange Type III or Type IV sheeting background with black nonreflective permanent
or removable legend.
1103" Fluorescent orange Type VIII or Type IX sheeting background with black
nonreflective permanent legend and red retroreflective symbol (Stop or Yield Ahead
Symbol Sign).
"04" Fluorescent orange Type VIII or Type IX sheeting background with black
nonreflective permanent legend.
1105" Fluorescent orange Type VIII or Type IX sheeting background with black
nonreflective removable legend.
1106" Fluorescent orange Type VIII or Type IX sheeting background with black
nonreflective permanent legend and red, yellow, and green Type VIII and Type IX
circles. (Signal Ahead Symbol Sign)
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1108" Fluorescent orange Type VIII or Type IX sheeting background with black
nonreflective screened or cut-out permanent legend and silver-white Type VIII or
Type IX symbol. (Speed Reduction Symbol Sign)
"R" Silver-white Type III or Type IV sheeting background overlaid with red transparent
paste background with silver-white Type III or Type IV permanent legend or red
electronically cuttable film with legend cut out. (Stop Sign, Wrong Way, Do Not
Enter.)
"R1" White Type IX sheeting background overlaid with red transparent paste background
with white Type IX permanent legend or red electronically cuttable film with legend
cut out.
"R2" Silver-white Type III or Type IV sheeting background overlaid with red electronically
cuttable film with legend and triangle cut out or screened red transparent paste triangle
and legend or red Type III or Type IV triangle and permanent legend. (Yield Sign)
"113" White Type IX sheeting background overlaid with red electronically cuttable film with
legend and triangle cut out or screened red transparent paste triangle and permanent
legend.
"R4" Rubber STOP flap made of natural rubber with a red background and white lettering.
"R5" Red Type III or Type IV sheeting background overlaid with black nonreflective
screened or cut-out permanent legend (OM4-2 Object Marker).
"W1" Silver-white Type III or Type IV sheeting background with black nonreflective
screened, cut out permanent or removable legend.
"W2" Silver-white Type III or Type IV sheeting background with a screened black
nonreflective legend overlaid with a screened red transparent paste circle and
continuous diagonal bar. (Prohibition)
"W3" Silver-white Type III or Type IV sheeting background with transparent brown
screened legend or brown Type III or Type IV cut-out permanent legend.
"W4" Silver-white Type III or Type IV sheeting background with transparent red screened
legend or red Type III or Type IV cut-out permanent legend.
"W5" Silver-white Type III or Type IV sheeting background with transparent green screened
legend or green Type III or Type IV cut-out permanent legend.
"W6" White Type IX sheeting background with a screened or cut-out black nonreflective
legend overlaid with a screened red transparent paste circle and continuous diagonal
bar. (Prohibition sign overhead)
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"W71f White Type IX sheeting background with black nonreflective screened or cut-out
permanent legend.
"WW" Silver-white Type III or Type IV sheeting background with blue transparent screened
legend or blue Type III or Type IV cut-out permanent legend.
11W911 Silver-white Type III or Type IV sheeting background with blue nonreflective
screened or cut-out permanent legend.
IfW1011 White Type IX sheeting background with black nonreflective removable legend.
"W11" Silver-white Type III or Type IV sheeting background with black nonreflective
screened or cut out permanent legend with red Type III or Type IV symbol.
"W12" Silver white Type III or Type IV sheeting background with transparent green screened
legend or green Type III or Type IV cut out permanent legend with blue Type III or
Type IV symbol.
"W13" Silver white Type III or Type IV sheeting background with red Type Ill or Type IV
screened or cut-out permanent legend and black nonreflective screened or cut-out
permanent legend overlaid with a red transparent paste circle and continuous diagonal
bar (Parking Prohibition Symbol Signs).
"W14" Silver white Type Ill or Type IV sheeting background with black nonreflective
screened or cut-out permanent legend overlaid with a green transparent paste circle
(Permissive Trucks and Hazardous Material Symbol Signs).
"W15" Silver white Type Ill or Type IV sheeting background with green Type Ill or Type IV
screened or cut-out permanent legend and black nonreflective screened or cut-out
permanent legend overlaid with a green transparent paste circle (Permissive Parking
Symbol Signs).
"W16" Agency supplied silver-white Type Ill or Type IV sheeting decal, with multi-colored
Oregon State Parks logo,direct applied to sheet aluminum or HDO plywood substrate
(Oregon State Parks shield).
"W17" Silver-white Type Ill or Type IV sheeting back-ground overlaid with brown
transparent paste or electronically cuttable film background,and silver-white Type Ill
or Type IV sheeting background with yellow transparent paste or electronically
cuttable film back-ground and black non-reflective screened or cut-out permanent
legend and logo (Oregon Trail or California Trail Route Markers). Digital files of the
logo graphics may be available on the ODOT Sign Design Information website at:
http://www.oregon.gov/ODOT/HWY/TS/Pages/signing.aspx
"W18" Silver-white Type Ill or Type IV sheeting background overlaid with blue transparent
paste background with retroreflective silver-white screened legend or blue
electronically cuttable film with legend cut out, and silver-white Type Ill or Type IV
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sheeting background with black non-reflective screened or cut-out permanent legend
and multi-colored Scenic Byway logo Oregon Scenic Byway Signs). Digital files of the
logo graphics may be available on the ODOT Sign Design Information website at:
http://www.oregon.gov/ODOT/HWY/TS/Pages/signing.aspx
"W19" Silver-white Type III or Type IV sheeting background with plum transparent screened
legend or plum Type III or Type IV cut-out permanent legend and multi-colored Tour
Route logo (Oregon Tour Route Signs). Digital files of the logo graphics may be
available on the ODOT Sign Design Information website at:
http://www.oregon.gov/ODOT/HVN/TS/Pages/signing.aspx
"Y1" Yellow Type III or Type IV sheeting background with black nonreflective screened,
cut out permanent or removable legend.
"Y2" Yellow Type III or Type IV sheeting background with a screened or cut-out black
nonreflective legend and red and green Type III or Type IV circles. The center yellow
circle part shall be part of the background sheeting. (Signal Ahead Symbol Sign)
"Y3" Yellow Type IX sheeting background with black nonreflective screened, cut-out
permanent or removable legend.
"Y4" Yellow Type III or Type IV sheeting background with black nonreflective screened or
cut out permanent legend and red Type III or Type IV symbol. (Stop or Yield Ahead
Symbol Sign)
11Y5" Fluorescent yellow Type IX sheeting background with black nonreflective screened,
cut out permanent or removable legend.
"Y6" Fluorescent yellow Type IX sheeting background with black nonreflective screened or
cut out permanent legend and red and green Type IX circles. The center yellow circle
shall be part of the background sheeting. (Signal Ahead Symbol Sign overhead)
111y7" Fluorescent yellow Type IX sheeting background with black nonreflective screened or
cut out permanent legend and red Type IX symbol. (Stop or Yield Ahead Symbol
Sign)
"Y8" Yellow Type III or Type IV sheeting background with black nonreflective screened or
cut out permanent legend and silver-white Type III or Type IV symbol. (Speed
Reduction Symbol Sign)
"YG" Fluorescent yellow-green Type IX sheeting background with black non-reflective
legend or cut out permanent legend.
"YG1" Fluorescent yellow-green Type IX sheeting background with black nonreflective
screened or cut out permanent legend and red Type IX symbols (School Bus Stop
Ahead Symbol Sign).
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"YG2" Fluorescent yellow-green Type IX sheeting background with black nonreflective
screened or cut out permanent legend and fluorescent yellow-green and white Type IX
symbol (Reduced School Speed Limit Ahead Symbol Sign).
"YGW" Fluorescent yellow-green Type IX sheeting background with black nonreflective
screened or cut out permanent legend and silver-white Type III or Type IV sheeting
background with black nonreflective screened or cut-out permanent legend and red
Type III or Type IV symbol. (In Street Pedestrian Crossing Symbol Sign).
"YGW1" Fluorescent yellow-green Type IX sheeting background with black nonreflective
screened or cut-out permanent legend, and silver-white Type III or Type IV sheeting
background with black nonreflective screened or cut-out permanent legend (School j
Speed Limit 20 Combination Sign).
"YW" Yellow Type III or Type IV sheeting background with black nonreflective screened or
cut-out permanent legend, and white Type III or Type IV sheeting background with
black nonreflective screened or cut-out permanent legend and red Type III or Type IV
symbol.
tfT7lYT�1" Yellow Type III or Type IV sheeting background with black nonreflective screened or
1 W 1 cut-out permanent legend, and white Type III or Type IV sheeting background with
black nonreflective screened or cut-out permanent legend.
"YW2" Yellow Type IX sheeting background with black nonreflective screened or cut-out
permanent legend, and white Type IX sheeting background with black nonreflective
screened or cut-out permanent legend and red Type IX symbol.
02910.33(d) Nonreflective Black Screened Legend-Replace this subsection, except for the
subsection number and title,with the following.
Furnish material for nonreflective black screened legends that is compatible with the sign
sheeting,as recommended by the sign sheeting manufacturer.
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