Braun Construction ~ CP18007 Citi-of Tigard
CONTRACT CHANGE ORDER / 13125 SAX'Hail Blvd.
I AMENDMENT 3 SUMMARY hone ,Oregon 97323
Phony- (503) 639-'4171
Ir FIELD CHANGE ORDER FORM Fax- (503) 684-7297
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Project Title: East Tigard Sewer Improvements Project Manager:Jeff Peck
Contractor: Braun Construction Original Contract#: CP18007
Effective Dates: March 20,2018 Change Order/Amendment Amount: $0
Accounting Sting: 500-8000-56005 Amendment Percentage Runnin Total: 0%
AMERDME.NT DETAILS
City and Contractor agree to create a Pay Item (Trench Resurfacing, Onsite) for pavement resurfacing outside of
the public right-of-way. Trench Resurfacing, Onsite is to be measured in square yards and have a unit price of
$38.00 per square yard.
City and Contractor agree to change the scope of work for Pay Item (Trench Resurfacing,Asphalt) to include only
trench resurfacing within the public right-of-way. The unit price for Trench Resurfacing,Asphalt to remain at$70
per square yard. The balance of funds for this pay item upon completion of work will be transferred to Pay Item
(Trench Resurfacing, Onsite).
City agrees to pay for Pay Item (Trench Resurfacing, Onsite) from Pay Item (Miscellaneous Field Changes as
Authorized/Directed).
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CH4.,vGE ORDER/AMEivDMENT
It was necessary to create a new pay item with its own unit price to pay for additional onsite paving work
with amore economical approach.
BUDGET IMPACT ARD REQUIRED ACTioNs
Requesting authorization to add a pay item and unit price to the contract. Associated costs to be paid for from
the construction budget. No additional impact to the project budget.
RE uESTINGPRO,]ECTMANAGER APPS 2VINGCITI'ST_4FF
S atuxe Signatute
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
work. The unit pricing in the original contract shall apply to all Signature
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 the project's FY budget, Date
CITI'Of-TIGA-HD1 ORECON'
AMI NNI)MY'N't' FO CONTRACT
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City of Tigard
■
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
3 722
AMENDMENT #2 SUMMARY Tigard,Oregon 9-417
Phone- (503) G39-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
9yww".ts d-or, o�
Project Title: East Tigard Sewer Project Manager:Jeff Peck
Contractor: Braun Construction Original Contract#: CP18007
Effective Dates: 2/27/18 Change Order/Amendment Amount: $0.00
Accounting String: 500-8000-56005 Amendment Percentage Running Total: 0%
AMENDMENT DETAILS
Extend contract to complete sewer improvements,perform roadway striping, and complete site restoration
- Contract to be extended to March 30,2018.
CHANGE ORDER DETAILS UNIT QTY UNIT$ Tol,,% .$
Change order for time only
REASONING FOR CHANGE ORDER/AMENDMENT
One sanitary sewer lateral creek crossing requires corrective action,the existing sewer system in the creek has to
be abandoned,and the contractor is waiting to perform roadway and parking lot striping.
BUDGET IMPACh AND REQUIRED ACTIONS
This contract extension will not require a budget adjustment.
REQUESTING PROJECT MANAGER APP=G CITY STAFF
S` azure S4iikature
2 . 2-8 , E *3 -- ?-cal f'
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 lgnatute
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 the project's FY bu et. Late
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
EAST TIGARD SEWER IMPROVEMENTS(CP18007)
AMENDMENT#2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hexClnafter called
City, and Braun Construction, hereinafter referred to as Contractor, entered into on the 1st day of August,
2017,is hereby amended as follows:
Work to be done under this project shall be completed within M 227 Calendar Days of issuance of the
Notice to Proceed. Work shall be completed by March 30,2018.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD BRAUN CONSTRUCTION
�-'^0
Signature Sign e
Printed Name Printed Name
3, 5-",-7 t217 1-)- ]�:J l
Date Date
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
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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 FORMMUST ACCOMPANY EVER Y CONTRACT
Contract Title: East Tigard Sewer Improvements Number
Contractor: Braun Construction Contract Total: $1,595.00
Contract Overview: Installation of 15" sanitary sewer mainline and structures from Portland and Western
Railroad tracks to Hunziker Rd, two creek-crossing sewer reconnections,and
installation of 8" sanitary sewer mainline to Wall St. Restoration of wetlands and
vegetated corridors from temporary construction impacts.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps: Hired amecfw to provide direction on contaminated soil and water disposal
procedures during trench excavation. Worked with CWS to discharge water into the existing sanitary sewer
system to ensure contaminated water does not enter Red Rock Creek. Secured temporary construction
easements and permanent sanitary sewer easements from property owners prior to commencement of
construction activities.
Risk Comments: Agree with above analysis.
Risk Signature:
Contract Manager: Jeff Peck Ext: 42 66 Department: PW Engineering_
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ® Public Improvement
❑ IGA ❑ Other: Start Date: 8/14/17 (120 calendar day) End Date: 12/12/17
Quotes/Bids/Proposal: FIRM mouNr/Scom
Braun Construction $1,533,595.00
Tames W Fowler Co $1,652,000.00
Account String. Fund-Division-Account Work Order—Activit;Tvne Amon+±+
FY 17/18 500-8000-56005 93013-140 $1,533,595.00
FY
FY
FY
A r v LCRB Date: 8/19/17
Department Comments: d
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Commen .
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
City of Tigard
13125 SW Hall Blvd
Tigard,Oregon 97223
Phone: (503) 639-4171
Fax: (503) 684-7297
CONTRACT DOCUMENTS
for the construction of
East Tigard Sewer Improvements
Project No.: 2017-93013
APPROVED BY: LORI FAHA,P.E.,CITY ENGINEER
Bid Due & Bids Open: June 21,2017-2:00 pm
ADVERTISEMENT FOR BIDS
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
The City of Tigard will receive sealed Bids from qualified firms at Tigard City Hall's Utility Billing Counter
Attention:Joe Barrett,Sr.Management Analyst located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 until 2:00
pm local time,June 21, 2017 for the East Tigard Sewer Improvement project. Bids will be opened and publicly
read aloud immediately after the Bid Closing time and date at Tigard City Hall.
A non-mandatory Pre-Bid Conference will be held at 2 pm,local time on Tuesday,June 13, 2017 at Potso Dog
Park,7960 SW Hunziker St,Tigard OR 97223. A project site tour will be conducted during the Conference.
The project generally consists of the following:
1. Mobilization,Traffic control,Erosion and sediment control.
2. Clearing and grubbing,Removal of structures and obstructions
3. Environmental Protection—Dewatering and management of contaminated soil and groundwater.
4. Installation of sanitary sewer pipe and structures.
5. Creek crossings and restoration.
6. Planting-Wetland and vegetated corridor restoration.
7. Performance of extra 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,June 21,2017
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. 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 Project Manager in
writing by e-mail. Contact the Project Manager,Jeff Peck at jeffp@tigard-or.gov or (503) 718-2466 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 Oregonian
Date: May 31,2017 Date: —May 31,2017
21Pas, c
TABLE OF CONTENTS
ADVERTISEMENTFOR BIDS....................................................................................................................................................2
TABLEOF CONTENTS...............................................................................................................................................................3
ATTACHMENTA—BIDDER'S CHECKLIST............................................................................................................................4
ATTACHMENTB—BID............................................................................................................................................................5
A1T.,�CHMENT C—ACI{NOW'LEDGMENT OF ADDENDA................................................................................................ 17
ATTACHMENTD—BID CERTIFIC\TION........................................................................................................................... 18
AT rAcfIMFNT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM........................................................................ 19
ATT:\CHMENT F—BID BOND.............................................................................................................................................20
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT'.................................................................................................21
A-i,fACI-IMENT H—PERFORMANCE BOND........................................................................................................................27
ATTACHMENTI—P.VYAIENT BOND...................................................................................................................................29
ATT.\CHMENT_J—OREGON PREVAILING WAGE RATES................................................................................................31
ATTACHMENTh—GENERAL CONDITIONS.....................................................................................................................32
ATTACHMENTL-SPECIAL PROVISIONS.................................................................................................................................
ATTACHMENT M—POTSO DOG PARK IRRIGATION PLAN...................................................................................................
ATT A,CHMENT N—TRIMET RAIL"LICENSE AGREEMENT NO.2718...............................................................................
ATTACHMENT P—USACE(CORPS)NATIONWIDE PERMIT NO. 12,UTILITI'LINE ACTIvITIFS AND
DEPARTMENT OF STATE LANDS PERMIT NO. 59303-RF....................................................................................................
ATT-,�CHMENT Q—CLEAN WATER SERVICES SERVICE PROVIDER LETTER FILE NUMBER 16-002734)....................
ATTACHMENT R—GEOTECHNICAL ENGINEERING REPORT............................................................................................
ATTAci IMENT S—SUBSURFACE INVESTIGATION.................................................................................................................
DRAWINGS EAS 1'TIG-ARD SEWER IMPROVEMENTS
SHEETS 1 THROUGH 26 DATED: 4/26/17
31Pagc
ATTACHMENT A—BIDDER'S CHECKLIST
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
FORMS TO EXECUTE FOR SUBMISSION OF BID
The Bidder's attention is especially called to the following forms which must be executed in full before Bid is
submitted:
ATTACHMENT B -BID
ATTACHMENT C—AChNOWLEDGMENT OF ADDENDA
ATTACHMENT D—BID CERTIFICATION
ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
ATTACHMENT F—BID BOND
FORMS TO EXECUTE AFTER AWARD OF BID
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT—PWR COVERED CONTRACT
ATTACHMENT H—PUBLIC IMPROVEMENT CONTRACT—PERFORMANCE BOND
ATTACHMENT I—PUBLIC IMPROVEMENT CONTRACT—PAYMENT BOND
Certificate of Insurance including Additional Insured Provision in accordance with the Public Improv-ement
Contract.
41Paee
e
ATTACHMENT B—BID
= CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
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: East Tigard Sewer Improvements
Bid Due Date: June 21,2017
Name of Submitting Firm:
The Undersigned (check one of the following and provide additional infonnation):
An individual doing business under an assumed name registered under the laws of the State of
or
A partnership registered under the laws of the State of :or
A corporation organized under the laws of the State of :or
A limited liability corporation organized under the laws of the State 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:
and_/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.
51Pnsc
BID SCHEDULE
EAST TIGARD SEWER IMPROVEMENTS
Bid Bid Item Title Unit Quantity Unit Cost Total
Item
MOBILIZATION AND TRAFFIC CONTROL(00200)
1 MOBILIZATION(00210) LS 1
TEMPORARY PROTECTION AND DIRECTION OF Ls
2 1
TRAFFIC(00225) 115,6 00
3 EROSION AND SEDIMENT CONTROL(00280) LS 1 a
4 LGENERAL ENVIRONMENTAL(00294) LS 1
5 CONTAIMINATED SOIL REMOVAL(00294) TON 1000 ' 40
1 iIvo 1000
6 WATER TREATMENT/DISPOSAL(00294) LS 1 -15,000— .."75,006
SECTION TOTAL
ROADWORK(00300)
7 CONSTRUCTION SURVEY WORK(00305) LS 1
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
8 (00310) LS 1 )0 D00'- 10,006
9 CLEARING AND GRUBBING(00320) LS 1 + D Da L DOD
SECTION TOTAL
SANITARY SEWERS(00400)
10 TRENCH FOUNDATION(00405) CY 620 ~fLei d
11 CREEK CROSSING AND RESTORATION (00405) EA 2 ,25,600—
12 CLAY PLUG (00405,CWS 7.02.3.b.7,&DETAIL) EA 6 67,010– I —
13 VIDEO INSPECTION (00415) LS 1
6 INCH PVC SANITARY SEWER PIPE,10 FT DEPTH
14 (00445) FT 12 2 75^- 53;00,
15 6 INCH PVC SANITARY SEWER PIPE,20 FT DEPTH FT 56
2
(00445)
16
6 INCH PVC SANITARY SEWER PIPE,20 FT DEPTH
16 (00445)(DOG PARK LATERAL) FT 47 1 (00— 75Zp
17 8 INCH PVC SANITARY SEWER PIPE,20 FT DEPTH FT 432
(00445)(SAN LINE B) 256 10s'000-
18
08'00d18 8 INCH DIP SANITARY SEWER PIPE, 10 FT DEPTH FT 83 �, 116, 2k –
(00445)
8 INCH DIP SANITARY SEWER PIPE,20 FT DEPTH
19 FT 212
(00445) Z•�{j y 5b�
20 FT 157
15 INCH PVC SANITARY SEWER PIPE,10 FT DEPTH
(00445)
15 INCH PVC SANITARY SEWER PIPE,20 FT DEPTH FT
21 (00445) 1423fia " 440
22 PIPE TEES, 15x6 INCH(00445) EA 3 t /000 ,006
61
23 CONCRETE SANITARY SEWER MANHOLES,48" EA 11
(00470) -1,000 -j-7�000 j
24 INSIDE DROP MANHOLE CONNECTORS(00470) EA 1 ) - t -750 -
25
-750 "25 CLEANOUT(DOG PARK&LINE B)(00470) EA 2 ) 2 0 1
26 MANHOLE OVER EXISTING SEWERS,60"(00490) EA ( 1 ��-
27 CONNECTION TO EXISTING STRUCTURES(00490) f EA j 1 �- -
28 RECONNECT EXTG SERVICE LINES(00490) EA 5 7 DO 0
29 FILLING ABANDONED STRUCTURES(00490) EA 6 2-61)6- 1 b
30 TRENCH RESURFACING,ASPHALT(00495) SY 550 77D -
31 TRENCH RESURFACING,CONCRETE(00495) SY 40
SECTION TOTAL
} ;i�ERi >FWCi�iY'ht►W GUMNa_D E—VX,—:F$!flM 0
32 PAVEMENT LEGEND REMOVAL(00851) EA 1 �( 00-
33 LONGITUDINAL PAVEMENT MARKINGS-PAINT LF 140 lo-- ( C}Q0
(p0860)
SECTION TOTAL 17 to
JGHT OF WAYf31c311EtAPW,W AND Compm�OQt�
34 SEEDING(01030) LS 1 i() D
35 PLANTING(WETLAND)(01040) L D 0 000
36 PLANTING(VEGETATED CORRIDOR)(01040) LS 1 000 8Q QOo
37 REMOVfNG AND REBUILDING FENCE(01050) FT 330 11.00
SECTION TOTAL13 11 u 36
38 MISCELLANEOUS FIELD CHANGES fLS 1 $50,000 $50,000.00
4 (AS AUTHORIZED/DIRECTED)(00197)
SECTION TOTALT$50,000.00
;cff
iroTAL IN WORDS
7iP .
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard, within ten (10)
days after receiving the Contract fortes, a satisfactory Performance Bond and a satisfactory Payment Bond each
in an amount equal to one hundred percent (100%) of the Contract sum,using the forms provided by the City.
The surety(ies) requested to issue the Performance Bond and Payment Bond will be
i Damn of t � The Undersigned hereby authorizes said surety(ies)
company(ies) o disclose any information to 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 will 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 with 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 the
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 communicated to such person prior to the official opening
of the Bid.
The Undersigned[ .HAS❑ HAS NOT (check applicable status)paid unemployment or income taxes in Oregon
within the past 12 months and N HAS❑ HAS NOT (check applicable status)a business address in Oregon.
The Undersigned 0 HAS ❑ HAS NOT (check applicable status) complied with any Affirmative Action
Requirements included within the procurement documents.
The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 279C.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Und signed's CCB registration number is 1(0--74-32 with an expiration date of
is 2a . 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 who 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.
8 1 :.
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 LSi=i-t F ("AM , Policy NO.
and that Undersigned shall submit Certificates of Insurance as required.
Name of Company: -8e-QcL*--.
Company Address: , S V
Vvi► Sb r%VJ►tL oa- R 70Z a
Federal Tax ID: c�> no,,�
Telephone: -te,'�ra 40(O
c
Email: 1Z-b r Ornr) [0 4/-)
I attest that I have the authority to commit the firm 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 firm meets these qualifications if
selected for the subsequent Contract.
Authorized Signature:
Printed Name&Title: Q- '� �
Date:
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 City could subject the successful
Contractor to a twenty eight percent (28%) backup withholding.
911 .,
SCOPE FOR BID SCHEDULE
Measurement and payment for all Work shown or specified herein will be made on a unit or lump sum price basis
in accordance with the prices set forth in the Bid Schedule for individual items of Work. Contractor shall make
a careful assessment when preparing the Bid.
The items listed below refer to and are the same pay items listed in the Bid Schedule. They constitute all of the
pay items for the completion of the Work. No direct or separate payment will be made for providing
miscellaneous temporary or accessory services or all other items not specifically named in specific Bid item
description and needed for prosecution of the Work, and all other requirement of the Contract Documents.
Compensation for all such services, things and materials shall be included in the prices stipulated for the lump
sum and unit price pay items listed herein.
The prices stated in the Bid Schedule,include overhead and profit and all costs and expenses for bonds,insurance,
taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties,
labor for handling materials during inspection,together with any and all other costs and expenses for performing
and completing the Work, complete and in place, as shown on the Plans and specified herein. The basis of
payment for an item at the lump sum or unit price shown in the Bid Schedule shall be in accordance with the
description of that item in this Section.
BID ITEM DESCRIPTIONS (East Tigard Sewer Improvements)
Following are the measurement and payment descriptions for the various Bid items included in the East Tigard
Sewer Improvement project.
Descriptions reference and/or modi6l sections of the 2015 Oregon Standard Specifications for Construction
where applicable.
Bid Item 1. Mobilization
Comply with Section 00210 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
for the preparatory work and operations necessary for the movement of personnel, equipment,materials,
installation of temporary staging yard including fence,removal and rehabilitation of staging yard to include
insuring the existing irrigation system is in better condition than before construction,installation of the dog
park sewer service lateral fence and removal of the fence after full seed germination has occurred,irrigation and
incidentals to the project site. Payment will also include any other work included i11 the Contract Documents
which is not specifically listed in other bid items.
Bid Item 2. Temporary Protection and Direction of Traffic
Comply with Section 00225 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required for installing,maintaining and removal at the end of the project of all necessary traffic control
measures (both vehicle and pedestrian). If the contractor's activities impede traffic flow on SW Hunziker St or
SW Wall St, a traffic control plan approved by the City shall be required prior to impacting traffic flow, and will
be included in this pay item. Payment will include but is not limited to all necessary traffic control measures
such as fencing, signage, drums, delineators, temporary pavement markers, arrow boards, lighting and flaggers
as well as any additional controls as conditions change. Contractor shall maintain access to all local properties at
all times and give 24-hour notice prior to starting construction activities.
101Paae
Bid Item 3. Erosion and Sediment Control
Comply with Section 00280 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (1.S) basis and represent full payment for all labor,equipment and
materials for erosion control measures project wide. Payment will include but is not limited to installation,
maintenance and removal at the end of the project all Bio-Bags,inlet protection,construction entrance, silt
fence,wattles,plastic sheeting,mulch, truck wash,concrete waste, sweeping, seeding and any additional
measures necessary to insure the prevention and erosion off site. Contractor is required to designate a qualified
responsible party and accept transfer of responsibilities for the 1200-CN permit performance and compliance
including keeping and maintaining the 1200-CN Log Book onsite during construction.
Bid Item 4. General Environmental
Comply with Section 00294 of the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required for management, setup,planning,permitting, submittals, testing and monitoring required for handling,
removing and disposing of all material designated as hazardous. Payment shall include but is not limited to all
incidentals associated with the work to prepare health and safety plan,manage,treat,and dispose of
contaminated soils and water with the Project. This also includes all fees and expenses associated with the
appropriate permits,waste profiles, and other regulatory requirements. Protection of the waterways is included
in this item.
Bid Item 5. Contaminated Soil Removal
Comply with Section 00294 of the Special Provisions.
Payment for this item shall be on a per ton basis and represent full payment for all labor and materials required
for handling,removing and disposing of all material designated as hazardous. Payment shallinclude but is not
limited to all the labor, equipment, and expenses associated with the excavation,loading, dewatering, transport,
and disposal of contaminated soils for the Project. This cost includes all associated work, supplies,labor,and
equipment to mix in the amendment for Impact Zone 3 soils.
Bid Item 6. Water Treatment/Disposal
Comply with Section 00294 of the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor,equipment and
materials required for the dewatering plan described in section 00405, handling, treating and disposing of all
waters generated from excavations, excavated materials or surface waters that have come in contact with
excavation materials. Payment shall include but is not limited to all mobilization,moving,and demobilization
for water removal, treatment and discharge work. This item also includes all the equipment and labor expenses
associated with dewatering activities and the operation and maintenance of the water treatment system for the
duration of the work associated with all water from the Project excavations,comingled surface waters and
dewatering boxes.
111Pas� �°
Bid Item 7. Construction Survey-Work
Comply with Section 00305 of the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required for all construction survey work. Payment shall include but is not limited to all setup,calculations,
construction staking,restaking, control and monument preservation,cut sheets, survey notes and
documentation and any additional staking that may be required.
Bid Item 8. Removal of Structures and Obstructions
Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represents full payment for all labor and materials
for the removal of all structures and obstructions required including disposal of all materials. Payment will
include but is not limited to the removal of any unexpected objects or materials not specifically called out on the
plans or listed in contract documents.
Bid Item 9. Clearing and Grubbing
Comply with Section 00320 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represents full payment for all labor and materials
for all clearing and grubbing required. Payment includes but is not limited to tree,brush and vegetation removal
required within the project limits. Contractor shall follow all requirements laid out in the permits to include but
not limited to application of an herbicide and the contractor shall submit on an herbicide for approval prior to
use.
Bid Item 10. Trench Foundation
Comply with Section 00405 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a cubic yard (CIS basis and represent full payment for all labor and materials
for trench foundation. Payment shall include but not limited to geotextile fabric,excavation,placement,backfill
and disposal for all excess materials for a section to be determined by the engineer upon contractor submittal
for approval.
Bid Item 11. Creek Crossing and Restoration
Comply with Section 00405 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on an each (EA) basis and represent full payment for all labor and materials
necessary to create a creek crossing and completely restore the creek crossing per plan. Payment shall include
but is not limited to submitting a plan for the crossing that addresses flow management, access and work area
dewatering,preparation for crossing installation,removal of all temporary crossing materials, and complete
restoration of the crossing corridor per plan. Replanting will be addressed within the seeding and planting bid
items.
12 111
Bid Item 12. Clay Plug
Comply with Section 00405 of the Special Provisions and CWS Specifications.
Payment for this item shall be on an each (EA) basis and represent full payment for all labor and materials for
constructing and installing a clay, plug. Payment shall include but is not limited to all excavation,treated clay
material, compaction, and backfill. Construction shall be completed prior to any mainline video,deflection or
pressure testing.
Bid Item 13. Video Inspection
Comply with Section 00415 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
for video inspection. Payment shall include but is not limited to all work necessary to pre clean the pipe,bypass
sewer flows and any, other work tasks shall be considered incidental. Video Inspection shall be recorded and
copies of the recordings shall be provided to the City. Every new segment shall be video inspected including the
mainline,laterals, and vertical sections of cleanouts.
Bid Items 14 through 21. Sanitary Sewer Pipe,Various Sizes,Backfill and Pipe Class
Comply with Section 00445 of the Standard Specifications and as modified in the Special Provisions.
Payment for these items shall be on a linear foot (FT) basis and represents full payment for all labor and
materials required to install the specified sewer pipe complete,in place. Payment shall include but is not limited
to excavation,bedding,pipe,pipe laying,backfill, testing and compaction for the size and class pipe shown.
Bid Item 22. Pipe Tees, 15x6 Inch
Comply with Section 00445 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
furnishing and installing in line 15x6 inch pipe tees. Payment shall include but is not limited to all materials to
make it a sealed and temporary connection for testing prior to connection to existing service.
Bid Item 23. Concrete Sanitary Sewer Manholes,48"
Comply with Section 00470 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
furnishing and installing concrete sanitary sewer manhole. Payment shall include but is not limited to
excavation,base rock,manhole components,pipe connections,channel construction, steps, frame and cover
adjusted to the finish grade.
Bid Item 24. Inside Drop Manhole Connectors
Comply with Section 00470 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
furnishing and installing an inside drop with a bowl to be complete per Clean Water Services Detail 90.
Payment shall include but is not limited to all components,pipe connections, channel construction, and fittings.
131Pan_ e
Bid Item 25. Cleanout
Comply with Section 00470 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
furnishing and installing sanitary sewer cleanout. Payment shall include but is not limited to excavation,base
rock,pipe, fittings,pipe plugs, frame and cover adjusted to the finish grade, and concrete collar.
Bid Item 26. Manhole Over Existing Sewers, 60"
Comply with Section 00490 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
furnishing and installing a manhole over existing sewer. Payment shall include but is not limited to excavation,
base rock, manhole components,pipe connections, channel construction, steps, frame and lid adjusted to the
finish grade. Manhole components include cast in-place base shaped for pre-cast risers as required.
Bid Item 27. Connection to Existing Structures
Comply with Section 00490 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
a connection to existing structure. Payment shall include but is not limited to excavation,base rock,manhole
components,pipe connections, channel construction or reconstruction necessary to redirect flows as required,
steps, frame and cover adjusted to the finish grade.
Bid Item 28. Reconnect Existing Service Lines
Comply with Section 00490 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on an each (EA) basis and represent full payment for all labor and materials for
reconnecting to existing service lines. Payment shall include but is not limited to all materials and labor for
pothole locating prior to lateral line excavation and excavation to existing laterals, the vertical pipe, connections
for a cleanout,backfill,cast and frame for cleanout,any material needed for a femco or similar type connection.
Bid Item 29. Filling Abandoned Structures
Comply with Section 00490 of the Standard Specifications.
Payment for this item shall be on an each (EA) basis and represents full payment for all labor and materials for
filling and abandoning pipes and structures as shown. Payment shall include but is not limited to excavation,
grouting in a stand pipe for CDF pumping,removing and disposing of the top three feet of existing manholes,
removal of abandoned manhole cones or tops to a depth of at least three feet below existing grade, frame,lids,
proper disposal of all materials,backfilling holes with suitable native soils from trench excavations, excess
concrete, and rehabilitating the area with 1 foot of topsoil and hydroseeding any disturbed areas.
14111 e
Bid Item 30 and Bid Item 31.Trench Resurfacing, (Asphalt&Concrete)
Comply with Section 00495 of the Standard Specifications and as modified in the Special Provisions.
Payment for these items shall be on a square yard (SY) basis and represent full payment for all labor and
materials for trench resurfacing. Payment shall include but is not limited to all saw-cutting, asphalt, concrete,
reinforcement,and forms.This is a fixed pay-width item. No additional payment will be made for excess width
beyond that described in 00495.80. Contractor is responsible to protect the trench edge from damage during
construction. No direct payment will be made for granular or native area resurfacing as both are considered
incidental.
Bid Item 32. Pavement Legend Removal
Comply with Section 00851 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on an each (EA) basis and represent full payment for all labor and materials
required to remove the railroad crossing pavement legend.
Bid Item 33. Longitudinal Pavement Markings—Paint
Comply with Section 00860 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a linear foot (FT) basis and represent full payment for all labor and materials
required to install or refresh longitudinal pavement markings. Payment shall include but is not limited to layout,
and paint placement.
Bid Item 34. Seeding
Comply with Section 01030 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required to hydroseed and/or provide full germination prior to wet weather measures taking effect on October
V. Payment shall include but is not limited to placement of seed in all disturbed areas outside of designated
permit areas that are disturbed and exposed to native soil. Seeding shall be established prior to the specified
establishment period or additional measures shall be included. Payment shall include a 1 ,year vegetation
establishment period.
Bid Item 35. Planting(Wetland)
Comply with Section 01040 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required to mitigate and restore all areas within the wetland boundary. Payment shall include but is not limited
to site preparation,weed control,grading to salvage topsoil,grading for final placement of 1 foot of topsoil in
all areas,restoration of the creek crossings as shown in the plans excluding that work which is part of bid item
"Creek Crossing and Restoration",planting and hydroseeding any disturbed areas as directed. Payment shall
include a 1-year vegetation establishment period.
15 11)
Bid Item 36. Planting (Vegetated Corridor)
Comply with Section 01040 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required to mitigate and restore all areas within the vegetated corridor boundary. Payment shall include but is
not limited to site preparation,weed control,grading to salvage topsoil,grading for final placement of 1 foot of
topsoil in all areas,planting and hydroseeding any disturbed areas as directed. Payment shall include a 1 year
vegetation establishment period.
Bid Item 37. Removing and Rebuilding Fence
Comply with Section 01050 of the Standard Specifications.
Payment for this item shall be on a linear foot (F1) basis and represent full payment for all labor and materials
required to temporarily remove and rebuilding any fence to better than existing condition. Payment shall
include but is not limited to constructing new a new fence or gate wherever the fence has been damaged or
temporarily removed to match existing fence type.
Bid Item 38. Miscellaneous Field Changes
Comply with Section 00197 of the Standard Specifications.
161Panc
ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
:U'none receiued write `None Receh ed"
1 3.
2. 4.
Date
Signoc of Proposer
Title
Corporate Name
171j
ATTACHMENT D-BID CERTIFICATION
CITY OF TIGARD
FAST'TIGARD SEWER IMPROVEMENTS
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 tha��t�"a recurrence of such acts is unlikely.
Agreed by:
Firm Name:
Address:
�� fl►�ltJ�l I e, Ort, GlZd7C7
Officer's signature: —'—
Type or print officer's name:
181 ''
ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
BID #:2017-93013 CLOSING:Date: lune 21,2017 Time: 2:00 pm
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 Libor 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
,) �.s�, G oo - oa Ccs
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): r� n
Contact name: `.J Q- Phone
191 i= ;
ATTACIiMENr F-BID,BOND
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
wc, Braun Construction &Design, LLC as"Principal,"
(Name of Principal)
and Indemnity Company of California ,an California Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon, as "Sthrety," hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns to par unto the City of Tigard
bac''}the sum of Ten Percent of the Total Amount Bid— and No 1100 Dollar,
10%of Bid
Vit IEREAS,the condition of the obligatirmi of this bond is the Principal has submitted a Bid to the Obligee in
response to Obligee's soGcitatiom for the proicct identified as the Fast Tigard Sewer Improvement poriem which
Bid is made a part of this bond by nfercncc,and Principal is required to furnish Bid security in an amount equal
to ten percent(100/6)of the total amount of the Bid pursuant to the sohdtation document.
NOW,THEREFORE,if the Bid submitted be Principal is accepted,and if a Contract pursuant to the Bid is
awarded to Principal,and if Principal enters into and executes such Contract within the time specified in the said
documents and delivers to Obligee its good and sufficient Pcrtormanee Band and Payment Bond required by
Obligee within the time fixed by Obligee,then this obligation shall be void;otherwise,it shall remain in frill force
and effect.
IN WITNESS WHEREOF,we have caused this instrument to be executed and scaled by our duly authorized
legal representatives this 21 st day of June 2017
PRINCIPAL:Braun Construction&Design, LLC SURETY: Indemnity Company of California
By. t � �--^— BY ATF0%NEY-Illi-FA(.`T
Signature
-Gail A. Price,Attorney-in-fact
Printed Marne&Title 0 Printed Name
� tii tare
1201 SW 12th Ave.,#500
:Address
Portland, Oregon 97205
Cin State "Lip
201)'a :-1:
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263.3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
**`Brent Olson,Richard W.Kowalski,Gail A.Price,Vicki Mather, Philip 0.Forker,Gloria Bruning,J.Patrick Dooney,Joel Dietzman,
Christopher A.Rebum,Karen A.Pierce,Ray M.Paiement,Tam!Jones,jointly or severally***
as their true and lawful Attomey(s}In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contrails of
suretyship giving and granting unto said Attomey(s)4n-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)in-Fad,pursuant to these
presents,are hereby ratified and confirmed.
This Powor of Attorney IA granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Direcim of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsinte signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is afthed,
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretarythis 6th day of February,2017.
O
v✓;. SAND yt;0•.,s OO PO Y C'o
By Daniel Young,Senior Vice-President f �eGOQ 8q fi
1936 :<__ Oct.5 � rt
%f� s a nosy
Mark Larsdon,Vice-President 1 A
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that domiment..
State of California
County of Orange
On February 6 2017 before me, Luilte Raymond Notary Public
Dde Fiera kwtt Nrro wd`n a dMi offer
personally appeared Daniel Yainana eLansdon
Ns)who proved to me on the basis of satisfactory evidence to be the perso (s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that helsheUy executed the same in tMenthea authorized
capacity(ies),and that by his wfthei signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)ailed,executed the instrument
Com111119 t#2491945
Notary Public•Cagiorala I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
z Qrmp County true and correct
M Comm. rtas Oct 13 2018t WITNESS my hand and official seat.
Placa Notary Seal Above Signature
Lucr71� Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNrrY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
that the Paver of Attorney remains in fug force and has not been revoked and,furt a rrr gra,J,at the provisions of the resolutions of the respective Boards of Directors of
ce�fY �e9�9
said corporations set forth in the Power of Attomey are in force as of the date of this Certificate.
�� r wyrya.�, yflM DF
,
Qo�YkrJY
This Certificate is executed in the City of Irvine.California,this ?� day V AND
� �Sr c'
S.
T.5
gY
Cassie J. d Assistant tary
ATS-1002(02117)
ATTACHMENT G-PUBLIC IMPROVEMENT CONTRACT
PWR COVERED PROJECT
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
THIS CONTRACT,made and entered into this 1"day of August,2017,by and between the City of Tigard,a
municipal corporation of the State of Oregon,hereinafter called"City"and Braun Construction 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
Contractors services under this Agreement shall consist of the following:
A. Mobilization,Traffic control,Erosion and sediment control.
B. Clearing and grubbing,Removal of structures and obstructions
C. Environmental Protection—Dewatering and management of contaminated soil and groundwater.
D. Installation of sanitary sewer pipe and structures.
E. Creek crossings and restoration.
F. Planting-Wetland and vegetated corridor restoration.
G. Performance of extra 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 One Million Five Hundred Thirty Three Five Hundred Ninety Five
and No/100 Dollars ($1,533,595.00) for performance of those services provided herein.
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. Eady 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 any 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
shall within 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 the 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
attorneys 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 attorney'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 $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
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
Workers'Compensation Law and shall comply with ORS 656.017,which requires them to provide
workers'compensation coverage that satisfies Oregon law for all their subject workers. 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 Rating: 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: 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 Maldng 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 BRAUN CONSTRUCTION
Attn: Jeff Peck Attn: Jeanie Braun
Address: 13125 SW Hall Blvd. Address: 24805 SW Gage Rd
Tigard OR 97223 Wilsonville OR 97070
Phone: (503) 718-2466 Phone: (503) 638-6406
Email: ieffnt tigard-or.gov Email: i2braunLy)msn.com
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 jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall
in no way be affected or invalidated thereby.
14. Representations and Warranties
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance�Mth its terms.
C. Contractor (to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than
six calendar years (or since the firm's inception if less than that) preceding the effective date of this
Agreement, faithfully has complied with:
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316,317,
and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,to
Contractor's property, operations, receipts, or income, or to Contractor's performance of or
compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,or
to goods, services,or property,whether tangible or intangible,provided by Contractor;and
4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of
the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement,and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement, shall be
provided to the City free and clear of any and all restrictions on or conditions of use, transfer,
modification, or assignment, and shall be free and clear of anv and all liens, claims, mortgages,
security interests,liabilities,charges,and encumbrances of any kind.
15. Compliance with Tax Laws
A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section,"tax laws"includes all the provisions described in subsection 14.C.
1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all
damages that arise from the breach and the termination of this Agreement,and to pursue any or all
of the remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages,specific performance,declaratory or injunctive
relief. The City shall be entitled to recover any and all damages suffered as the result of
Contractor's breach of this Agreement, including but not limited to direct, indirect, incidental
and consequential damages, costs of cure, and costs incurred in securing a replacement
Contractor.
These remedies are cumulative to the extent the remedies are of inconsistent, and the City may
pursue any remedy, or remedies singly,collectively, successively,or in any order whatsoever.
16. 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 this 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 this Agreement on the date hereinabove first written. Approved by Tigard's
Local Contract Review Board:July 25,2017.
CI OF TIGARD BRAUN CONS LIMON
Si
a re
Signature
/� n
Printed Name&Title Printed Name&Title
Y//2�(�
Date Date
ATTACHMENT H—PERFORMANCE BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
Bond Number:810941 P
Project Name: East Tigard Sewer Improvements
Indemnity Company of California (Surety#1) Bond Amount No. 1: $ 1,533,595.00
(Surety#2)* Bond Amount No. 2:* $
*,Vusing multiple sunder Total Penal Sum of Bond. $ 1,533,595.00
We,Braun Construction & Design, LLC 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 finely 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 Five Hundred Thirty-Three Thousand Five Hundred Ninety-Five and no/100ths-- I (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other 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 Perfoanance
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 not 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.
271Page
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 2nd day of August 2017
PRINCIPAL•Braun Construction & Design, LLC
By:
Signature
Printed Name&Title
Attest
SURETY•Indemnity Company of California
(Add.rigurturrs for emb surety if using multple bm&)
BY ATTORNEY-IN-FACT:
(Pmvervf-Attorney must auampanj each surety bond)
Gail A. Price, Attorney-in-fact
Name
Signature
1201 SW 12th Ave., #500
Addre s s
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
281Page
ATTACHMENT I—PAYMENT BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
Bond Number.810941 P
Project Name: East Tigard Sewer Improvements
Indemnity Company of California (Surety#1) Bond Amount No. 1: $ 1,533,595.00
(Surety#2)* Bond Amount No. 2:* $
*,Vusing multiple smriies Total Penal Sum of Bond: $ 1,533,595.00
We, Braun Construction & Design, LLC 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 Five Hundred Thirty-Three Thousand Five Hundred Ninety-Five and no/100ths-- (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other 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 shall 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.
291Page
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 2nd day of August 2017
PRINCIPAL•Braun Construction & Design, LLC
By c�
I Signature /^,-/
��J��1.1 i 2,�✓�U-+�1 �v'l �1.��,Qmbo
Printed Name&Ve
Attest:
SURETY:Indemnity Company of California
(Add signatures for each surety if using multolt bonds)
BY ATTORNEY—IN—FACT:
(Power-of-Aitornry must accompany each surety bond)
Gail A. Price, Attorney-in-fact
Name
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
301Page
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Brent Olson,Richard W.Kowalski,Gail A.Price,Vicki Mather, Philip O.Forker,Gloria Bruning,J. Patrick Dooney,Joel Dietzman,
Christopher A. Reburn,Karen A.Pierce,Ray M.Paiement,Tami Jones,jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is.granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017.
t eNee 4eao
a,kPAfJY 0;�
By: J &POi4i
Daniel Young,Senior Vice-President y:"4; F ;
W 1936
. 0
•o:
By: G ;�7�A0:0P.,P a
Mark Lansdon,Vice-President too
1G��?a.°
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On February 6 2017 before me, Lucille Raymond Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Youn and Mark Lansdon
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument.
Commission#2081945
=�^y Notary Public-California D I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Z Orange Countytrue and correct.
M Comm.Expires Oct 13 2018 r r
WITNESS my hand and official seal. i
Signature
Place Notary Seal Above Si 9
Lucille Flay ond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
/ e peeenep�
This Certificate is executed in the City of Irvine,California,this day of L� � ° Qy•,
By:
s
Cassie J. rris ford,Assistant Sectary ; ac �If c�LiGo
ATS-1002(02/17)
ATTACHMENT J—OREGON PREVAILING WAGE RATES
CITY OF TIGARD
EAST T'IGARD SEWER IMPROVEMENTS
May be downloaded from:
http://-,a-\x-N oregongovZboli/WHD/P\X7R/Pages/12wr statc.aspx
311P ,-
ATTACHMENT K-GENERAL CONDITIONS
CITY OF T'IGARD
EAST T'IGARD SEWER IMPROVEMENTS
32111
00110
General Conditions for Construction for the City of Tigard.
TABLE OF CONTENTS
PART 00100 - GENERAL CONDITIONS5
Section 00110 - Organization, Conventions,Abbreviations, and Definitions.................................. 5
00110.00 Organization of Specifications ..........................................................................................................5
00110.05 Conventions Used Throughout the Specifications Include..........................................................5
00110.10 Abbreviations.......................................................................................................................................7
00110.20 Definitions............................................................................................................................................8
Section 00120 - Bidding Requirements and Procedures.................................................................16
00120.01 Receipt of Bids; Opening................................................................................................................ 16
00120.02 Prequalification of Bidders.............................................................................................................. 16
00120.03 Request for Solicitation Documents.............................................................................................. 16
00120.04 Pre-Bid Meeting................................................................................................................................ 16
00120.10 Bid Booklet........................................................................................................................................ 16
00120.15 Examination of Work Site and Solicitation Documents;
Considerationof Conditions to be Encountered............................................................................ 16
00120.16 Material, Equipment, and Method Substitutions......................................................................... 17
00120.17 Use of Agency-Owned Land for Staging or Storage Areas........................................................ 17
00120.20 Interpretation of Quantities in Bid Schedule ............................................................................... 17
00120.25 Subsurface Investigations.......................................................................................................I........ 18
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids................................ 18
00120.40 Preparation of Bids........................................................................................................................... 18
00120.45 Submittal of Bids..............................................................................................................................20
00120.60 Modification or Withdrawal of Bids.............................................................................................. 20
00120.65 Opening and Comparing Bids........................................................................................................20
00120.67 Bid Mistakes...................................................................................................................................... 21
00120.68 Low Tide Bids................................................................................................................................... 21
00120.70 Rejection of Nonresponsive Bids ..................................................................................................22
00120.80 Reciprocal Preference for Oregon Resident Bidders.................................................................. 22
00120.90 Disqualification of Bidders..............................................................................................................23
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder.................................................23
Section 00130 -Award and Execution of Contract......................................................................... 24
00130.00 Consideration of Bids ......................................................................................................................24
00130.10 Award of Contract............................................................................................................................24
00130.15 Right to Protest Award....................................................................................................................25
00130.20 Cancellation of Award.....................................................................................................................25
00130.30 Contract Booklet..............................................................................................................................25
00130.40 Contract Submittals..........................................................................................................................25
00130.50 Execution of Contract and Bonds.................................................................................................26
00130.60 Failure to Execute Contract and Bonds........................................................................................27
00130.70 Release of Bid Guaranties ...............................................................................................................27
00130.80 Project Site Restrictions...................................................................................................................27
00130.85 Tigard Business License...................................................................................................................27
00130.90 Notice to Proceed.............................................................................................................................27
'1'0(-'-1
00110
Section00140 - Scope of Work........................................................................................................ 28
00140.00 Purpose of Contract.........................................................................................................................28
00140.10 Typical Sections................................................................................................................................28
00140.20 Thickness...........................................................................................................................................28
00140.30 Agency-Required Changes in the Work........................................................................................28
00140.40 Differing Site Conditions ................................................................................................................28
00140.50 Environmental Pollution Changes.................................................................................................29
00140.60 Extra Work........................................................................................................................................29
00140.65 Disputed Work..................................................................................................................................29
00140.70 Cost Reduction Proposals...............................................................................................................29
00140.80 Use of Publicly Owned Equipment............................................................................................... 30
00140.90 Final Trimming and Cleanup.......................................................................................................... 30
00140.95 "AS-BUILT" Records......................................................................................................................31
Section 00150 - Control of Work..................................................................................................... 32
00150.00 Authority of the Engineer............................................................................................................... 32
00150.01 Project Manager's Authority and Duties....................................................................................... 32
00150.02 Inspector's Authority and Duties...................................................................................................32
00150.10 Coordination of Contract Documents.......................................................................................... 32
00150.15 Construction Stakes, Lines, and Grades........................................................................................ 33
00150.20 Inspection.......................................................................................................................................... 33
00150.25 Acceptability of Materials and Work.............................................................................................34
00150.30 Delivery of Notices..........................................................................................................................34
00150.35 Submittals .......................................................................................................................................... 35
00150.37 Equipment Lists and Other Submittals......................................................................................... 39
00150.40 Cooperation and Superintendence by the Contractor................................................................ 39
00150.50 Cooperation with Utilities...............................................................................................................40
00150.53 Utilities and Existing Improvements.............................................................................................41
00150.55 Cooperation with Other Contractors............................................................................................42
00150.60 Construction Equipment Restrictions........................................................................................... 43
00150.70 Detrimental Operations...................................................................................................................43
00150.75 Protection and Maintenance of Work During Construction.....................................................43
00150.80 Removal of Unacceptable and Unauthorized Work...................................................................44
00150.90 Final Inspection................................................................................................................................44
00150.91 Post-Construction Review...............................................................................................................44
00150.95 Final Acceptance...............................................................................................................................44
00150.96 Maintenance Warranties and Guarantees......................................................................................44
00150.97 Responsibility for Materials and Workmanship...........................................................................45
Section 00160 - Source of Materials................................................................................................ 46
00160.00 Definitions.........................................................................................................................................46
00160.01 Notification of Source of Supply and Materials...........................................................................46
00160.05 Qualified Products List (QPL) .......................................................................................................46
00160.10 Ordering, Producing, and Furnishing Materials...........................................................................46
00160.20 Preferences for Materials.................................................................................................................47
00160.30 Agency-Furnished Materials ...........................................................................................................47
00160.50 Agency-Controlled Land;Limitations and Requirements..........................................................48
00160.60 Contractor-Furnished Materials and Sources...............................................................................48
00160.70 Requirements for Plant Operations...............................................................................................48
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00160.80 Requirements for Sources of Borrow and Aggregate.................................................................49
Section 00165 - Quality of Materials............................................................................................... 50
00165.00 General............................................................................................................................................... 50
00165.01 Rejected Materials............................................................................................................................. 50
00165.03 Testing by Agency............................................................................................................................ 50
00165.04 Costs of Testing................................................................................................................................ 50
00165.10 Materials Acceptance Guides.......................................................................................................... 50
00165.20 Materials Specifications and Test Method References................................................................ 50
00165.30 Field-Tested Materials...................................................................................................................... 51
00165.35 Nonfield-Tested Materials............................................................................................................... 51
00165.50 Acceptance Sampling and Testing................................................................................................. 48
00165.70 Use of Materials without Acceptable Materials Conformance Documents ............................ 52
00165.75 Storage and Handling of Materials................................................................................................. 52
00165.80 Measurement..................................................................................................................................... 52
00165.90 Incidental Basis................................................................................................................................. 52
Section 00170 - Legal Relations and Responsibilities.................................................................... 53
00170.00 General............................................................................................................................................... 53
00170.01 Other Agencies Affecting Agency Contracts............................................................................... 53
00170.02 Permits, Licenses, and Taxes.......................................................................................................... 55
00170.03 Furnishing Right-of-Way and Permits........................................................................................... 55
00170.04 Patents, Copyrights, and Trademarks............................................................................................ 55
00170.05 Assignment of Antitrust Rights...................................................................................................... 56
00170.07 Record Requirements....................................................................................................................... 56
00170.10 Required Payments by Contractors ............................................................................................... 58
00170.20 Public Works Bond.......................................................................................................................... 59
00170.32 Protection of Navigable Waters..................................................................................................... 59
00170.60 Safety, Health, and Sanitation Provisions..................................................................................... 59
00170.61 Industrial Accident Protection........................................................................................................ 60
00170.62 Labor Nondiscrimination................................................................................................................ 60
00170.63 Payment for Medical Care............................................................................................................... 60
00170.65 Minimum Wage and Overtime Rates for Public Works Projects.............................................. 60
00170.70 Insurance............................................................................................................................................ 62
00170.71 Independent Contractor Status...................................................................................................... 62
00170.74 Employee Drug Testing Program.................................................................................................. 62
00170.75 Oregon Tax Laws............................................................................................................................. 62
00170.76 Subcontractors Nondiscrimination................................................................................................ 62
00170.78 Conflict of Interest........................................................................................................................... 62
00170.79 Third Party Beneficiary.................................................................................................................... 62
00170.80 Responsibility for Damage to Work.............................................................................................. 63
00170.82 Responsibility for Damage to Property and Facilities................................................................. 63
00170.85 Responsibility for Defective Work................................................................................................ 64
00170.89 Protection of Utility, Fire-control, and Railroad Property and
Services; Repair; Roadway Restoration............................................................................................ 65
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations......................................................... 65
00170.93 "trespass.............................................................................................................................................. 65
00170.94 Use of Explosives.............................................................................................................................66
Section 00180 - Prosecution and Progress...................................................................................... 67
00180.00 Scope.................................................................................................................................................. 67
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00180.05 Assignment/Delegation of Contract............................................................................................. 67
00180.06 Assignment of Funds Due under the Contract............................................................................ 67
00180.10 Responsibility for Contract............................................................................................................. 67
00180.15 Agency's Right to Do Work at Contractor's Expense................................................................ 67
00180.20 Subcontracting Limitations.............................................................................................................67
00180.21 Subcontracting.................................................................................................................................. 68
00180.22 Payments to Subcontractors and Agents of the Contractor...................................................... 69
00180.30 Materials, Equipment, and Work Force........................................................................................ 70
00180.31 Required Materials, Equipment, and Methods............................................................................. 70
00180.40 Linutation of Operations................................................................................................................. 71
00180.41 Project Work Schedules................................................................................................................... 71
00180.42 Preconstruction Conference...........................................................................................................78
00180.43 Commencement and Performance of Work................................................................................ 78
00180.44 Project Meetings............................................................................................................................... 78
00180.50 Contract Time to Complete Work................................................................................................. 80
00180.60 Notice of Delav................................................................................................................................. 81
00180.65 Right-of-Way and Access Delays................................................................................................... 81
00180.70 Suspension of Work......................................................................................................................... 82
00180.80 Adjustment of Contract Time........................................................................................................ 82
00180.85 Failure to Complete on Time;Liquidated Damages................................................................... 84
00180.90 Termination of Contract and Substituted Performance............................................................. 84
Section 00190 - Measurement of Pay Quantities............................................................................ 87
00190.00 Scope.................................................................................................................................................. 87
00190.10 Measurement Guidelines................................................................................................................. 87
00190.20 Contractor to Provide Vehicle Weigh Scales................................................................................ 88
00190.30 Plant Scales........................................................................................................................................90
Section00195 - Payment..................................................................................................................91
00195.00 Scope and Limit................................................................................................................................ 91
00195.10 Payment For Changes in Materials Costs .....................................................................................91
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause........................................... 91
00195.20 Changes to Plans or Character of Work.......................................................................................92
00195.30 Differing Site Conditions ................................................................................................................92
00195.40 Unreasonable Delay by the Agency............................................................................................... 92
00195.50 Progress Payments and Retained Amounts.................................................................................. 93
00195.60 Advance Allowance for Materials on Hand.................................................................................. 95
00195.70 Payment under Terminated Contract............................................................................................96
00195.80 Allowance for Materials Left on Hand..........................................................................................97
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00195.90 Final Pavment.................................................................................................................................... 98
00195.95 Error in Final Quantities and Amounts........................................................................................ 98
Section 00196 - Payment for Extra Work.......................................................................................100
00196.00 General............................................................................................................................................. 100
00196.10 Negotiated Price .............................................................................................................................100
00196.20 Force Account................................................................................................................................. 100
Section 00197 - Payment for Force Account Work........................................................................101
00197.00 Scope................................................................................................................................................ 101
00197.01 Extra Work on Force Account Basis........................................................................................... 101
00197.10 Materials........................................................................................................................................... 101
00197.20 Equipment....................................................................................................................................... 101
00197.30 Labor................................................................................................................................................ 103
00197.80 Percentage Allowances .................................................................................................................. 103
00197.90 Billings.............................................................................................................................................. 103
Section 00199 - Disagreements, Protest and Claims................................................................................... 105
00199.00 General............................................................................................................................................. 105
00199.10 Procedure for Resolving Disagreements.......................................................................
.............. 105
00199.15 Inappropriate Protest or Claim ................................................................................................... 105
00199.20 Protest Procedure........................................................................................................................... 105
00199.30 Claims Procedure............................................................................................................................ 106
00199.40 Claim Decision; Review; Exhaustion of Adminstrative Remedies......................................... 109
00199.50 Mediation......................................................................................................................................... 111
00199.60 Review of Determination Regarding Records............................................................................ 111
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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 Pail Items listed in the Schedule of Items.
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(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".
(e) 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
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 Railroadsk
A ASHTO- 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
RISC - 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
APW A - 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
AWW A - American Water Works Association
CAgT - Certified Aggregate Technician
CAT-I - Certified Asphalt'Technician I
CAT-11 - 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
00110
DOG AMI -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
ESC - Erosion and Sediment Control Plan
FHW A - Federal Highway Administration, U.S. Department of Transportation
FSS - Federal Specifications and Standards, General Services Administration
GSA - General Services Administration
ICE A - Insulated Cable Engineers Association (formerly IPCEA)
IES - Illuminating Engineering Society
IMSA - International Municipal Signal Association
ISO - International Standards Organization
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
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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.
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 Cite 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.
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00110
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.
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.
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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.
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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.
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 1/4 inch sieve, with allowable
oversize.
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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.
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-of-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.
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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
Contractors 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.
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.
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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(8).
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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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
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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.
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,
Installer's 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 ORS 187.010.
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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Section 00120 - Bidding Requirements and Procedures
00120.01 Receipt of Bids; Opening—See Special Provisions.
00120.02 Prequalification of Bidders—See Special Provisions.
00120.03 Request for Solicitation Documents —See Special Provisions.
00120.04 Pre-Bid Meeting—See Special Provisions.
00120.10 Bid Booklet—The Bid Booklet may include,but is not limited to
• Advertisement for Bids
• Bidders 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.did Projects)
• Certificate of residency (for State Projects)
• Certificate of compliance with Oregon tax laws
• Bid Schedule
• Acknowledgement of Addenda
• 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
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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 become 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.
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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:
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by, or resulting from, Contractor
operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid
Schedule are approximate and are provided only for comparison of Bids. The Agency does
not warrant that the actual individual items, amount of Work, or quantities will correspond
to those shown in the Bid Schedule. Payment to the Contractor will be made only for actual
quantities of Work performed and accepted or Materials furnished and accepted, as required
by the Contract. Quantities of Work to be performed and Materials to be furnished may
each be increased, decreased, or omitted as provided in 00120.30 and 00140.30.
00120.25 Subsurface Investigations - If the Agency or its consultant has conducted
subsurface or geologic investigations of the proposed Project Site or contiguous to the
Project Site, the results of the investigations may be included in written geotechnical data
reports. If geotechnical data reports have been prepared, such reports may be included in
the Solicitation Documents (see Special Provisions) and shall be 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 by the Agency are for the purpose of obtaining
data for planning and design of the Project.
• The data for individual test boring logs apply only to that particular boring and is not
intended to be conclusive as to the character of any material between or around test
borings.
• If Bidders use this information in preparing a Bid, it is used at their own risk, and
Bidders are responsible for all conclusions, deductions, and inferences drawn from this
information.
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00120
• Contractor may not rely upon or make any claim against Owner or Engineer, or any of
their officers, directors, members, partners, employees, consultants, or subcontractors
with respect to any Contractor interpretation of or conclusion drawn from any
technical data or any such other data,interpretations, opinions, or information.
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 Plans,
Specifications, 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 to the Bidder's address as it
appears in the Agency's files.
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 a countervailing public interest, 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 in the preceding paragraph. Bids shall incorporate all
Addenda. Bids may be rejected if opened and found by the Agency to not be based on all
Addenda issued before Bid Closing.
00120.40 Preparation of Bids:
(a) General:
(1) Bids -The Bidders shall not alter, in any manner, the documents within the Bid
Section. Bidders shall 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 Bidder's confirmation of and
agreement to all certifications and statements 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 deternune the product of the
unit price and quantity. No rounding will be considered or paid. Bidders Bid shall also
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00120
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 entre
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.
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 . 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:
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00120
(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
(e) 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.
Bids for each Project will be compared on the basis of the total amount of each Bid. The
total amount of the Bid will be the total sum computed from quantities listed in the Bid
Schedule and 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 Agency may make arithmetic corrections on extension amounts.
Error(s) discovered after Bid opening cannot be corrected by the Bidder and the contractor
will be required to perform work at the unit price if its Bid is accepted.
00120.67 Bid Mistakes:
(a) General- Under extraordinary circumstances, a 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 or withdrawal by reason of nonjudgmental mistake is
permissible but only to the extent it is not contrary to the interest of the agency or
the fair treatment of other Bidders.
(b) Mistakes Discovered after Bid Closing but before Award -This section applies
to situations where mistakes in Bids are discovered after the submission deadline but
before Award.
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(1) Minor Informalities - Minor informalities are matters of form rather than
substance that are evident from the Bid Documents, or insignificant mistakes
that can be waived or corrected promptly without prejudice to other Bidders or
the Agency; that is, the informality does not affect price, quantity, quality,
delivery, or contractual conditions except in the case of informalities involving
unit prices. Examples include, but are not limited to, the failure of a Bidder to:
• Return the number of signed Bids or number of other documents required by the
Bid Documents;
• Sign the Bid Form in the designated block so long the Bid Documents evidence an
intent to be bound; or
• Acknowledge receipt of an Addendum to the Bid Documents, but only i£
• 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, or delivery.
(c) Mistakes Where Intended Correct Bid is Evident- If the mistake and the
intended correct Bid are clearly on the face of the Bid Form, or can be substantiated
from accompanying documents, the Agency may accept the Bid. Examples of
mistakes that may be clearly evident on the face of the Bid Form are typographical
errors, errors 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 price may be established 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 on the Bid. For
discrepancies between unit prices and extended prices, unit prices shall normally
prevail.
(d) Mistakes Where Intended Correct Bid is Not Evident- The Agency may not
accept a Bid in which a mistake is clearly evident on the face of the Bid Form but the
intended correct Bid is not clearly evident or cannot be substantiated from
accompanying documents.
00120.68 Low Tie Bids:
(a) Definition -Low tie Bids are low responsive Bids from responsible Bidders that
are identical in price, fitness, availability and quality and which meet all the
requirements and criteria set forth in the Bid Documents.
(b) Award:
(1) If low tie Bids are received, a preference shall be given to goods and services
that have been manufactured or produced in Oregon.
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00120
(2) If the Bids remain tied after application of the Subsection 1, preference shall be
given to the Bidder whose principal offices or headquarters are located in
Oregon.
(3) If the Bids remain tied after application of Subsections 1 and 2, the Award shall
be made by drawing lots among any tied Oregon Bidders. Such Bidders shall be
given notice and an opportunity to be present when the lots are drawn.
(4) If there are no Oregon Bidders after application of subsections 1 and 2, Award
of the Contract shall be made by drawing lots.
00120.70 Rejection of Nonresponsive Bids -A Bid will be considered irregular and will
be rejected if the irregularity is deemed by the Agency to render the Bid non-responsive.
Examples of irregularities include without limitation:
• The Bid Section documents provided are not properly used or contain unauthorized
alterations.
• The Bid is incomplete or incorrectly 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 a Bidder who has not been identified by the Agency as a Holder of
Bidding Plans, as required by 00120.05.
• The Bid or Bid modifications are not signed by a person authorized to submit Bids or
modify Bids, as required by 00120.40 and
• 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 or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• 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 Projects, with the exception of Aggregate
production and landscape Projects. (not required on Federal-Aid Projects)
• A disclosure of qualified first-tier Subcontractors,if required under 00120.40(0, is not
received within 2 working hours of the time Bids are due to be submitted, or the
disclosure form is not complete.
• The Bidder has not complied with the DBE requirements of the 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 in U.S. dollars and cents.
• The Agency, determines that any Pay Item is significantly unbalanced to the 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
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00120
finding that it is in the public interest to do so. The Agency may also waive minor
informalities or irregularities.
00120.80 Reciprocal Preference for Oregon Resident Bidders -This Subsection applies
only to Contracts for Projects financed without federal funds.
Bidders shall complete the certificate of residency provided by the Agency in the Bid
Booklet. Failure to properly complete the form will be cause to reject the Bid.
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 of the Bid;
• A business address in the State of Oregon; and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract,
add a percentage increase to the Bid of a Nonresident Bidder equal to the percentage, if any,
of the preference given to that Bidder in the state in which the Bidder resides
(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 be applied to determine the lowest Bid, and will not cause an increase
in payment to the Contractor after Award of the Contract.
00120.90 Disqualification of Bidders - The Bid(s) of a disqualified Bidder will be rejected.
Any of the following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or
different name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found not
responsible, and may be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 2790.440.
A Bidder will be disqualified if the Bidder has:
• Not been prequalified if required by 00120.02;
• 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)
or been licensed by the State Landscape Contractors Board before submitting a Bid
(ORS 279C.365(1)(k), ORS 701.021, ORS 701.026, and ORS 671.530). The Bidder's
registration number and expiration date shall be shown in the Bid form, if requested.
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00120
Failure to furnish the registration number, if requested, will render the Bid non-
responsive and subject to rejection. (not required on Federal laid projects); or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or
participate in a public contract for a public improvement.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder- The Bid of a
Bidder who is found to be nonresponsible according to the criteria listed in 00130.10 or
ORS 279C.375(3) will be rejected.
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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.
Include detailed description of the Basis of Award including consideration of the Base Bid
and any additive or deductive alternatives. The Basis of Award needs to be clear as to how
the City will add and/or subtract additive or deductive alternatives in the determination of
the low Bid.
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 staved 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 Bidders record of integrity, the
Agency may consider, among other things, whether the Bidder has previous criminal
convictions for offenses related to obtaining or attempting to obtain a contract or
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00130
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 specified in the Special
Provisions or a written mutual agreement between successful Bidder and Agency.
If it is anticipated that because of conditions on a project that more than 60 days will be
required from Bid Closing to Notice of Award, indicate the longer duration in the Special
Provisions.
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:
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00130
• 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:
• 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 Attorney-in-Fact, and the Surety's seal must be affixed to each
bond. A power of attorney for the Attorney-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.
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00130
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 conveved to the Bidder under 00130.10. The Bidder shall return the
originals of all documents received from the Agency and named in this Subsection, 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
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00130
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 Material-,, 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).
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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 Contractors 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
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00140
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 not 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
• 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
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00140
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
• 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.
(e) 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.
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00140
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.
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00140
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.
• 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,
falsew ork 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
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00140
• As-built changes made by change order
• As-built details not in original plans
• As-built fullj, 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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00150
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
Engineers decision; and
• Exercise additional delegated authority.
Inspectors are not authorized to:
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• Accept Work or Materials.
• .Ater 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;
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.
(e) 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.
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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 Contractors 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, 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
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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 -,vill 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 deliverer 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.
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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;
• 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 manufacturers 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. ll
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
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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 furnish 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 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.
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• 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.
(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
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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 alio«ed.
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 TAhEN" or "MAIZE 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
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o Manufacturers' and Installers' experience qualifications
o Ready mix concrete delivery tickets
o Design calculations
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 Pernnit plan
review requirements.
(2) The Engineer will schedule a pre-subnnittal 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 Agencv 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
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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
"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.
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• 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.
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.
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(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.
(e) 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
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the utility location as shown on the Plans to be in error, the Contractor shall so notify
the Engineer.
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
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00150
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.
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.
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00150
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 solell, to the
presence of other contractors working on or near the Project Site.
If the Contractgives 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 Engineers 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.
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00150
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;
• 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'
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00150
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 I\,Iaterials 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) Terms 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
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00160
shall replace qualified products not conforming to Specifications or not properly handled or
installed at the Contractors 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) Contractor's Duties - In purchasing, producing, or delivering Materials, the
Contractor shall take into account the following:
• hind 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;
• Extra expense the Contractor may incur because Materials were not ordered or
produced earlier; or
• The Contractors expenses related to Materials ordered by the Contractor that are not
subsequently approved for use.
00160.20 Preferences for Materials:
(a) Buy America - If federal highway funds are involved on the Project, the Contractor
shall limit the quantity of foreign Materials incorporated into the Work as follows. Section
635.410 of Title 23, Code of Federal Regulations, and the Intermodal Surface
Transportation Efficiency Act require that all iron or steel manufacturing processes,
including without linutation the casting of ingots, for iron or steel Materials permanently
incorporated into the Project shall occur in the United States, unless the cost of foreign-
origin iron or steel Materials does not exceed one-tenth of one percent (0.1%) of the
Contract Amount or $2,500, whichever is greater. The Contractor shall not incorporate
foreign-origin iron or steel Materials in excess of this amount into the Project. All foreign-
origin iron or steel Materials incorporated in the Project in excess of the amount indicated
above shall be removed and replaced with domestic iron or steel Materials at the
Contractor's expense. For purposes of this Specification, the cost of foreign-origin iron or
steel Materials shall be the value of the iron or steel products as of the date they are
delivered to the Project Site.
Manufacturing processes include without limitation the application of coatings to finished
iron or steel products or components. Coatings include epoxy coating, galvanizing,
painting, and any other coating that protects or enhances the value of the steel or iron
product or component.
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00160
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a
form furnished by the Engineer, before incorporating any iron or steel products into the
Project. Unless a Certificate of Materials Origin has been provided to the Engineer, the
Materials shall be considered of foreign origin.
The Contractor shall retain manufacturers' certificates verifying the origin of all domestic
iron or steel Materials for 3 years after the date of final payment for the Project, and shall
furnish copies to the Engineer upon request.
(b) Buy Oregon-According to ORS 279A.120, the Contractor shall give preference to
goods or services produced in Oregon if price, fitness, availability, and quality, are equal.
This provision does not apply to Contracts financed wholly or in part by federal funds.
(c) 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.
00160.30 Agency-Furnished Materials - Unless otherwise specified in the Special
Provisions, Materials listed as Agency-furnished will be available to the Contractor free of
charge.
The Contractor shall be responsible for all Materials furnished by the Agency and shall pay
all demurrage and storage charges. The Contractor shall replace at its expense Agency-
furnished Materials lost or damaged due to any cause.
The locations at which Agency-furnished Materials are available will be specified in the
Special Provisions. If the locations are not listed in the Special Provisions, the Agency-
furnished Materials will be furnished to the Contractor at the Project Site. In either case, all
costs of handling, hauling, unloading, and placing Agency-furnished Material shall be
considered included in the price paid for the Pay Item involving such Material.
All Agency-furnished Materials not incorporated into the Work remains the property of the
Agency. The Contractor shall deliver such Materials as directed by the Engineer.
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.
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00160
(b) Waste, Excess, and By-Product Materials -All waste, excess, and by-product
materials, collectively referred to in this Subsection as "By-Products", from the
manufacture or production of Materials from Agency-Controlled Lands shall remain
Agency property. Unless otherwise ordered by the Engineer in writing, By-Products shall
be placed as required In the Special Provisions:
• In stockpiles at designated locations
• At locations and in shapes that are readily accessible; and
• In such a manner as to avoid fouling areas containing useable materials, or interfering
with future plant setups to use materials from the property.
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
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00160
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 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.
(e) 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 owners property; and
• Upon completion, the quarry is left appearing neat and compatible with surrounding
terrain.
(e) 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 (NIFTP) unless otherwise specified in the Special
Provisions. The I\IFTP is published once per year and is available from the ODOT —
Construction Section, 800 Airport Road SE; Salem, OR 97301-4798; 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 bl, the agency or organization on the first date of Advertisement for Bids.
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00165
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;
• A ASHTO;
• ASTM;
• 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.
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00165
(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 (C)DOT,
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.
(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.
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00165
(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
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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
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 Councils
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County Courts
County Commissioners, Boards of
Design Commissions
Historical Preservation Commissions
Lane Regional Air Pollution Authority (LRAPA)
Planning Commissions
Port Districts
Special Districts
(d) Oregon Federally Recognized Tribal Governments:
Burns Paiute Tribe
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
Confederated Tribes of Grand Ronde
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;
• Building construction permits, not including specialty work such as heating,ventilation,
air conditioning, or electrical;
• Cost of referencing and replacing endangered survey monuments; and
• Environmental permits,including erosion control permits.
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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 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.
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00170.07 Record Requirements - For purposes of this Subsection the terns "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 supple 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.
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.
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• 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;
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• 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.
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:
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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.
(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 furnished 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 Contractors Surety.)
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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 Lavas, 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.
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According to ORS 468A.715 and ORS 468A.720, the Contractor or a Subcontractor who
performs 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.
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 2790.870.
(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 2790.845, the Contractor
and every subcontractor shall subnut written certified statements to the Engineer on the
form prescribed by the Commissioner of BOLI in OAR 839-025-0010 certifying
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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.
(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
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• 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 Contractors 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
timekeepers 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(x) 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 laid projects, the Contractor shall comply
with the provisions of FFIVIA 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.
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• 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 2790.845 (see 00170.65(b-2)),
the Contractor and every subcontractor shall submit written certified statements that
also meet the requirements in Section IV of 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 FHW'1
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.
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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 Contractors 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.
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.
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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
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year from the date of Second Notification (Correction Period), except that
manufacturers', installers' or suppliers' warranties and extended warranties 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 Contractors 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.
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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.
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-
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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 Contractors 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 Contractors expense. In situations
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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.
00180.20 Subcontracting Limitations:
(a) General- The Contractor's own organization shall perform Work amounting to at
least the percentage of the original Contract Amount as indicated in the Special
Provisions. The value of subcontracted Work is the full compensation to be paid to the
Subcontractor(s) for all pay items in the Subcontract(s).
(b) Own Organization - The term "own organization", as used in Section 00180,
includes only employees of the Contractor, Equipment owned or rented by the
Contractor, Incidental rental of operated Equipment, and Materials and Equipment to be
incorporated into the Work purchased or produced by the Contractor.
(c) Rental of Operated Equipment -The Agency will not allow a Disadvantaged
Business Enterprise (DBE) firm to provide services without a subcontract covering all
Work to be performed by the DBE firm.
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 2796585(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 Subcontractors written Bid, after having had a reasonable opportunity to do so;
• The disclosed Subcontractor becomes bankrupt or insolvent;
• 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
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• 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 sub)ect 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 Contractors 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
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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).
As required by ORS 2790.800 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 perfornung 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 Suretv 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
Contractors 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.
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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 Engineers 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).
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.
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(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 Contractors 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.
(b) On-Site Work- The Contractor shall not begin On-Site Work until the Contractor
has:
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• 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 1\1aterials, 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.
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• 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
Est items and final trimming and clean-up has been completed. The Contractor shall meet
with the Engineer to review the 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 - When a Type "A" schedule is required, the Contractor shall do
the following:
(1) Schedule - 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.
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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 18vith 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
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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 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 - 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.
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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.
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
Contractors 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.
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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.
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 Project Work Schedule - In addition to the above requirements, and
within 30 Calendar Days after First Notification, the Contractor shall provide the
Engineer one digital copy and four paper copies of a detailed time-scaled critical path
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method (CPM) network Project Work schedule and computer analysis printout, both
clearly indicating the critical path. 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 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 of operation specified in 00180.40;
• The time needed for completion of the utility relocation work;
• Implementation of TCP for each stage and phase;
• Submittal and approval of Material samples, mix designs, and shop drawings;
• agency timeframes to process and return Contractor submitted plans, working
drawings, equipment lists and other submittals;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special 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 on it. In the restraints, include those activities
from any Project Work schedule that initiated the sub-network as well as those
restrained by it.
The time scale used on the Contractor's detailed time-scaled critical path method (CP1\1)
network Project Work schedule shall be appropriate for the duration of the activities
and the Project duration. The time scale shall be in normal workdays, defined as every
day except Saturday, Sunday and legal holidays, with calendar dates identified no less
than the first and midpoint of each calendar month. The smallest unit shown shall be
1 Day. The network shall show the length of the activity or part scaled to accurately
represent the number of normal workdays scheduled. Distinct symbols or graphics
shall be used to show multiple shift, holiday, or weekend work.
The schedule network 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 drawings shall be on a reasonable size of paper up
to a maximum of 36 inch x 36 inch, 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:
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• Event (node) number(s) for each activity;
• Maintain event (node) numbers throughout the Project;
• Activity description;
• Original duration of activities (in normal workdays);
• Estimated remaining duration of activities (in normal workdays);
• Earliest start date and actual start date (by calendar date);
• Earliest finish date and actual finish date (by calendar date);
• 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.
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• 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.
•
Cons tructability 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 and the Contractor. At this meeting, the
Contractor and the Engineer shall review Project events and any changes for their
effect on the accepted Project Work schedule. After any necessary action has been
agreed upon, the Contractor shall make required changes to the accepted Project
Work schedule and associated Project narrative. Upon acceptance by the Engineer,
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 period, including shop drawings, 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 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 procedure for acceptance of the revised or updated Project Work schedule as the
new accepted Project Work schedule will be as provided above.
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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 7 Days after the progress meeting, 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 in paper 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 to keep the Project on schedule in the event of a delay; and
• Any changes to the logic as compared to the accepted Project Work schedule.
(d) Substitution of Schedules - When a Type "A" schedule is required, a Type "B" or
Type "C" schedule may be substituted for the Type "A" schedule.
When a Type "B" schedule is required, a Type "C" schedule may be substituted for the
Type "B" schedule.
(e) Specified Contract Time Not Superseded by Schedule Revisions - The
completion dates in any Project Work schedule and any revised or updated Project Work
schedules shall be within the Contract Time(s) specified for the Project, 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 Time(s). If the Contractor believes
that additional Contract Time is due, the Contractor shall submit, with a revised Project
Work schedule, a request for adjustment of Contract 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 schedule, including any time
between a Contractor's scheduled completion date and the specified Contract Time(s),
does not exist for the exclusive use of either party to the Contract and belongs to the
Project.
(g) Schedules Do Not Constitute Notice - Submittal of a Project Work schedule, with
supporting Project narrative, does not constitute or substitute for any notice the
Contractor is required under the terms of the Contract to give the Agency.
(h) Failure to Provide Schedule - The Project Work schedule is essential to the Agency.
The Contractors failure to provide the schedule, schedule information, progress reports,
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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 is performed and within 7 Calendar Days of the Notice to
Proceed, the Contractor shall meet with the Engineer for a preconstruction conference at a
time mutually agreed upon.
00180.43 Commencement and Performance of Work- From the time of
commencement of the Work to the time of Final Acceptance the Contractor shall:
• Provide adequate Materials, Equipment, labor, and supervision to perform 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 the Contract
Time or the adjusted Contract Time;
• Not voluntarily suspend or slow down operations without prior written approval from
the Engineer; and
• Not resume suspended Work without the Engineer's written authorization.
00180.44 Project Meetings -The Contractor shall participate in conferences and meetings
for the purposes of addressing issues related to the Work, reviewing and coordinating
progress of the Work and other matters of common interest to the Contractor, Engineer and
Agency.
(a) Meeting Participants - Representative of entities participating in meetings shall be
qualified and authorized to act on behalf of entity each represents.
(b) Meet in Agency's meeting room facility, or in a location otherwise agreed to by
Agency and Contractor.
(e) 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
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(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) Pre-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.
(j) Pre-Survey Conference
(1) The Contractor, applicable Subcontractors, Contractor's surveyor, Agency and
Agency's surveyor shall meet with the Engineer two weeks prior to beginning surrey
work. The purpose of the meeting is to discuss methods and practices of
accomplishing the survey work.
(k) Other Meetings
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(1)The Contractor shall prepare for and attend other meetings as identified elsewhere in
the Contract Documents.
00180.50 Contract Time to Complete Work:
(a) General- The time allowed to complete the Work or Pay Item is stipulated in the
Special Provisions, and will be known as the "Contract Time". (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 number of Calendar Days from a specified
beginning point in which the Work or Pay Item shall be completed.
(3) Work Day Calculation- The number of Work Days from a specified beginning
point in which the Work or Pay item shall be completed.
(c) 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 of the Notice
to Proceed.
(d) Recording Contract Time -All Contract Time will be recorded and charged to the
nearest one-half Day.
Contract Times may be extended because 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 in writing of the cause of the delay and request
an extension of time. Such requests shall be accompanied with supporting documentation
referenced to the NOAA INDEX weather in the Project 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 a weekly statement of Contract Time charges. The statement will show the
number of Calendar 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 furnish the Contractor a weekly statement of Contract Time
charges only after expiration of the Contract Time. The statement will show the number
of Calendar Days of liquidated damages that have been assessed, if any.
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These statements will include any exclusions from, or adjustments to, Contract Time.
(e) Exclusions from Contract Time - Regardless of the way Contract Time is expressed
in the Contract, certain Calendar Days will not be charged against Contract Time. These
exclusions will be allowed when the Contractor is prevented from performing Work due
to one of the following reasons, resulting in delay:
• Acts of God or Nature;
• Court orders enjoining prosecution of the Work;
• Strikes, labor disputes or freight embargoes that, despite the Contractors reasonable
efforts to avoid them, cause a shutdown of the entire Project or one or more major
operations. "Strike" and "labor dispute" may include union action against the
Contractor, a Subcontractor, a Materials supplier, or the Agency; or
• Suspension of the Work by written order of the Engineer for reasons other than the
Contractor's failure or neglect.
(f) Time Calculation Protest - In the event the Contractor disputes the accuracy of the
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, or adjusted time charges,itemized in the 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 00140.90);
• Equipment to be removed from the Project Site;
• Minor corrective work not involving additional payment to be completed; and
• Submittals, including without limitation all required certifications, bills, forms,
warranties, certificate of insurance coverage (00170.70(b)), and other documents,
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 shall be submitted within 7 Calendar
Days of when the Contractor knew or should have known of the delay. The notice shall
include, to the extent available, the following:
• The reasons or causes for the delay;
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• The estimated duration of the delay and the estimated resulting cumulative delay in
Contract completion;
• Except for 00180.50(e) and 00180.65 delays, whether or not the Contractor expects to
request an adjustment of Contract Time due to the delay;
• Whether or not the Contractor expects to accelerate due to the delay; and
• Whether or not the Contractor expects to request additional compensation due to the
delay. Except for 00180.50(e) and 00180.65 delays, failure to include this information
will constitute waiver of the Contractor's right to later make such a request.
00180.65 Right-of-Way and Access Delays - Right-of-Way and access delays will be taken
into consideration in adjusting Contract Time, and in approving additional compensation if
the performance of the Work is delayed because of the agency's failure to make available to
the Contractor:
• Necessary Rights-of-Way;
• Agency-owned or Agency-controlled Materials 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 to enter or to disturb according to Contract requirements.
If the duration and time period of an anticipated delay is stated in the Special Provisions,
only the delay occurring beyond that duration and time period will be considered for
adjusting Contract Time or providing additional compensation.
00180.70 Suspension of Work:
(a) General- The Engineer has authority to suspend the Work, or part of the Work, for
any of the following causes:
• Failure of the Contractor to correct unsafe conditions;
• Failure of the Contractor to carry out any provision of the Contract;
• Failure of the Contractor to carry out orders issued by the Engineer, the Agency, or
any regulatory authority;
• Existence of conditions unsuitable to proper or safe performance of the Work; or
• Any reason considered by the Agency to be in the public interest.
When Work has been suspended for any reason, the Contractor shall not resume Work
without the Engineer's written authorization.
(b) Contractor's Responsibilities during and after Suspension- During periods of
suspension of the Work, the Contractor shall continue to be responsible for protecting
and repairing the Work according to 00170.80, and for ensuring that a single designated
representative responsible for the Project remains available according to 00150.40(b).
When Work is resumed after suspension, unless otherwise specified in the Contract, the
Contractor shall perform the following at no additional compensation:
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• Replace or repair any Work, Materials, and Equipment to be incorporated into the
Work that was lost or damaged because of the temporary use of the Project Site by
the public; and
• Remove Materials, Equipment, and temporary construction necessitated by
temporary maintenance during the suspension, as directed by the Engineer.
(c) Compensation and Allowances for Suspension - Compensation and allowance of
additional Contract Time due to suspension of any portion of the Work will be authorized
only for Agency-initiated suspensions for reasons other than the Contractors failure or
neglect. (refer to 00180.50(e), 00180.65, and 00195.40)
00180.80 Adjustment of Contract Time:
(a) General- Contract Time established for the Work will be subject to adjustment,
either by increase or decrease, 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 provided in 00180.65 and
00195.40, an adjustment of Contract Time shall be the Contractors only remedy for any
delay arising from causes beyond the control of the Contractor.
(b) Contractor's Request Not Required- The Engineer may increase or decrease the
Contract Time or the Adjusted Contract Time if Change Orders or Extra Work orders
issued actually increase or decrease the amount of time required to perform the Work.
The Engineer may also increase Contract Time in the event of Right-of-Way and Access
delays (see 00180.65), and those delays due to causes beyond the Contractors control
specified in 00180.50(e). The Engineer will promptly inform the Contractor of
adjustments made to Contract Time according to this Subsection, and will include the
reasons for adjustment.
If the Agency anticipates delay during performance of the Contract, and specifies its
expected duration and time period in the Special Provisions, the Engineer will onhv
consider additional delay beyond the stipulated duration and time period in determining
whether to adjust Contract'Time.
(c) Contractor's Request Required - In the event the Contractor believes that
additional Contract Time is due, the Contractor shall submit to the Engineer a timely
request for adjustment of Contract Time. The Engineer will not consider untimely
requests. The Agency regards as timely only those requests for adjustment of Contract
Time that:
• Accompany a proposed revised Project Work schedule submitted according to
00180.41, for comparison with the last revision of the Project Work schedule; or
• Are not otherwise deemed waived and are submitted within 15 Days after the date of
Second Notification,if Second Notification has been issued.
The Engineer will not grant an 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
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submittal of a request for adjustment of Contract Time to which the acceleration costs
relate.
The Contractors request for adjustment of Contract Time shall be submitted to the
Engineer on a form provided by, or in a format acceptable to, the Engineer, and shall
include a copy of the written notice required under 00180.60. The request shall include
without limitation:
• Consent of the Contractor's Surety if the request totals more than 30 Calendar Days
of additional Contract Time;
• Sufficient detail for the Engineer to evaluate the asserted justification for the amount
of additional 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 Days; 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 Contract Time - In the adjustment of Contract Time, the
Engineer will consider causes that include, but are not limited to:
• Failure of the Agency to submit the Contract and bond forms to the 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 of Extra Work;
• Failure of the Agency or Entities acting for the Agency to act promptly in carrying
out Contract duties and obligations;
• Acts or omissions of the Agency or Entities acting for the Agency that result in
unreasonable delay referenced in 00195.40;
• Causes cited in 00180.50(e); and
• Right-of-way and access delays referenced in 00180.65.
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 do not affect the specified or Adjusted Contract Time;
• Delays that affect the Contractors planned early completion, but that do not affect
the specified or adjusted Contract Time;
• Shortage or inadequacy of Materials, Equipment or labor;
• Work stoppage required by the Engineer to determine the extent of Work defects
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• Time for the Contractor to correct the Work defects from date of notification of
the defects until the correction work is completed and has been approved by the
Engineer.
• Late delivery of Materials and Equipment to be incorporated into the Work, except
under those conditions referenced in 00180.50(e);
• Different area of Material source in 00160.40(a);
• Substitution of Equipment in 00180.31(c);
• Reasonably predictable weather conditions; or
• Other matters within the Contractor's control or Contract responsibility.
(e) Consideration and Response by Agency-The Engineer will only consider a
Contractor's request for Contract Time adjustment submitted according to the
requirements of 00180.80(c). The Engineer may elect not to consider claimed delays that
do not affect the specified or adjusted Contract Time required to complete the Work.
The Engineer may adjust Contract Time for causes not specifically identified by the
Contractor in its request.
The Engineer will review a properly submitted request for Contract Time adjustment, and
within a reasonable time will advise the Contractor of the Engineers findings. If the
Contractor disagrees with the Engineer's findings, the Contractor may request review
according to the procedure specified in 00199.40.
00180.85 Failure to Complete on Time; Liquidated Damages:
(a) Time is of 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 commerce, and increase cost to the Agency.
It is essential and in the public interest that the Contractor prosecute the Work vigorously
to Contract completion.
The Agency does not waive any rights under the Contract by permitting the Contractor to
continue to perform the Contract, or any part of it, after the Contract Time or adjusted
Contract Time has expired.
(b) Liquidated Damages - The Agency will sustain damage if the Work is not
completed within the specified Contract Time. However, in certain Agency projects it
may be unduly burdensome 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 by the Contractor of liquidated damages does not release the Contractor from its
obligation to fully and timely perform the Contract according to its terms. Nor does
acceptance of liquidated damages by the Agency constitute a waiver of the Agency's right
to collect any additional damages it may sustain by reason of the Contractor's failure to
fully perform the Contract according to its terms. The liquidated damages shall constitute
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payment in full only of damages incurred by the Agency due to the Contractor's failure to
complete the Work on time.
If the Contract is terminated according to 00180.90(a), and if the Work has not been
completed by other 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 of Contract and Substituted Performance:
(a) Termination for Default- Termination of the Contract for default may result if the
Contractor:
• Fails to comply with the requirements for records;
• Violates any material provision of the Contract;
• Disregards applicable laws and regulations or the Engineer's instructions;
• Refuses or fails to supply enough Materials, Equipment or skilled workers for
prosecution of the Work in compliance with the Contract;
• Fails to make prompt payment to Subcontractors;
• Makes an unauthorized general assignment for the benefit of the Contractor's
creditors;
• Has a receiver appointed because of the Contractors insolvency;
• Is adjudged bankrupt and the court consents to the 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 Agency, 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 or losses suffered by the Agency because of the
Contractor's breach of Contract; or
• Entitled to receive any further progress payments until the Work is completed.
However, progress payments for completed Work that remain due and owing at the
time of Contract termination may be made according to the terms of 00 195.70, 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 to the Contractor will be
made according to the provisions of Section 00195.
If a termination under this provision is determined by a court of competent jurisdiction to
be unjustified, the termination shall be deemed a termination for public convenience.
(b) Substituted Performance -According to the Agency's procedures, and upon the
Engineer's recommendation that sufficient cause exists, the Agency, without prejudice to
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any of its other rights or remedies and after giving the Contractor and the Contractor's
Surety 10 Calendar Days'written notice, may:
• Terminate the Contract;
• Substitute the Contractor with another Entity to complete the Contract;
• Take possession of the Project Site;
• Take possession of Materials on the Project Site;
• Take possession of Materials not on the Project Site, for which the Contractor
received progress payments under 00195.50;
• 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 is to be incorporated into
the Work, and for which the Contractor received progress payments under 00195.70,-
and
0195.70;and
• Finish the Work by whatever method the Agency deems expedient.
If, within the 10 Calendar Day 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.
(c) Termination for Public Convenience -The Engineer may terminate the Contract
for convenience in whole or in part whenever the Engineer determines that termination of
the Contract is in the best interest of the 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 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
• If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the 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 of
services. This Contract may be modified to accommodate a reduction in funds; or
• 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 Contract,
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 Contractor's Surety shall provide the Engineer with immediate and peaceful
possession of the Project Site, and of 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.
Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or Agency,which accrued prior to such termination.
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If the Contract is terminated for public convenience, neither the Contractor nor its Surety
shall be relieved of liability for damages or losses suffered by the Agency as a result of
defective, unacceptable or unauthorized Work completed or performed.
Compensation for Work terminated by the Engineer under this provision will be
determined according to the provisions of 00195.70(b).
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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 provided 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 modif)r the above convention by:
• Imposing measurement limitations
• Describing measurement or computation procedures
• Giving conversion factors or adjustment 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 Engineer's decision about measurement is final.
00190.10 Measurement Guidelines - Measurement of quantities will be made on the
following bases, unless otherwise specified in the Contract.
(a) Unit Basis - Unit will be each, unless otherwise specified in the Contract and will be
determined by actual count of units in place.
(b) Length Basis - Length will be feet or mile, unless otherwise specified in the Contract
and will be determined by measuring the length at least to the nearest 0.1 foot or at least
to the nearest 0.1 mile, as applicable, unless otherwise specified in the Contract.
Measurements will be limited to the dimensions shown or specified, or as directed by the
Engineer.
(e) Area Basis -Area will be square foot, square yard, or acre, unless otherwise specified
in the Contract and will be deternvned by measuring the width and the length (or height)
at least to the nearest 0.1 foot and computed at least to the nearest 0.1 square foot, nearest
0.1 square yard, or nearest 0.1 acre, as applicable, unless otherwise specified in the
Contract.
(d) Weight Basis - Weight will be pound or ton, unless otherwise specified in the
Contract and will be determined as follows:
(1) Pound - Pound weight will be determined by the net weight identified on the
manufacturer's packaged labels, subject to periodic check weighing. Weight by pound
will be measured at least to the nearest 1.0 pound unless otherwise specified in the
Contract.
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Provide a certificate with each shipment together with a certified copy of the weight of
each delivery. If the check weight is less than the manufacturer weight by more than
0.4°'0, the discrepancy will be resolved by the Engineer.
(2) Ton - Ton weight will be determined on Contractor-provided scales as required
under 00190.20 unless otherwise allowed by the Specifications. Weight by ton will be
measured at least to the nearest 0.01 ton unless otherwise specified in the Contract.
If bituminous materials, Portland cement, lime, and similar bulk Materials are shipped
by truck or rail, 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 scales.
Shipping invoice weights of the supplier's truck or transport shall be subject to periodic
check weighing on the Contractor's vehicle scales, or other scales designated, according
to 00190.20. If the check weight is less than the supplier weight by more than 0.4%, the
discrepancy will be resolved by the Engineer.
No payment will be made:
• For quantities in excess of the supplier weight
• When Materials have been lost, wasted, or otherwise not incorporated into the
Work
• For additional hauling costs resulting from the check weighing
(e) Volume Basis -Volume will be cubic yard truck measure or in-place measure,
gallons, foot board measure (FBI\ , or thousand foot board measure (MFBM), unless
otherwise specified in the Contract and will be measured at least to the nearest
0.1 cubic yard, nearest 1.0 gallon, nearest 0.1 FBM, or nearest 0.1 MFBM, as applicable,
unless otherwise specified in the Contract.
Truck measure will be the measured and calculated maximum "water level" capacity of the
vehicle. Quantities will be determined at the point of delivery, with no allowance for
settlement of Material during transit. When required to facilitate measurement, the vehicle
load shall be leveled at the point of delivery. Payment will not be made for Material in
excess of the maximum "water level" capacity. Deductions will be made for loads below
the maximum "water level" capacity.
When bituminous materials are measured by volume, the volume will be measured at
60 °F or will be corrected to the volume at 60 °F using the correction factors found in the
MFTP (ODOT TM 321).
(0 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 in the Contract.
(g) Standard Manufactured Items - If standard manufactured items, such as fence,
wire, plates, rolled shapes, pipe, conduit and other similar items are specified in the
Contract by properties such as gauge, unit weight, or section dimensions, the
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manufacturing tolerances established by the industry involved will be accepted unless
more stringent tolerances are cited in the Contract.
(h) Lump Sum Basis -Lump sum, when used, means the Work described shall be
completed and accepted without measurement unless changes are ordered in writing by the
Engineer.
00190.20 Contractor to Provide Vehicle Weigh Scales:
(a) General- If the Specifications require measurement by weighing on vehicle weigh
scales, the Contractor shall provide vehicle weigh scales and shall transport Materials to
the scales. Subject to the Engineers approval, weights may be determined by plant or
hopper scales according to 00190.30.
Contractor-provided scales shall be furnished, installed and maintained by the Contractor
or its 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 shall 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 of Agriculture, or by the 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 of any Materials weighed by anyone other than the Engineer will be subject to
check weighing as the Engineer directs.
(e) Approaches -Vehicle scale approaches shall be:
• At each end of the scale platform;
• Straight and in line with the platform; and
• Long enough to accommodate combination vehicles longer than the scale platform so
that they are level and allow release of brakes before weighing.
(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.
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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 61 S.
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.
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(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).
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 for check weighings 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 all projects where materials are received from a scale
without an automatic printer. The Contractor shall provide the Engineer with the
results of the check weighing.
(3) Duties of Weigh Technician- The Contractor's weigh technician shall:
• Determine twice a Day, or as otherwise directed by the Engineer, the empty haul
weights (tare weights) of hauling 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 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 vehicle, driver and weigh technician.
(g) Agency-Provided Weigh Technician- If the Contractor provides vehicle weigh
scales without a weigh technician meeting the requirements of this Subsection, the Agency
will provide a weigh technician at the Contractor's expense. The hourly cost for the weigh
technician will be as stated in the Special Provisions. The Contractor shall provide a
weighhouse for the weigh technician according to Section 00205. The Agency's weigh
technician will:
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• Determine tare weights;
• Prepare weigh memos for each load;
• Compile the weigh records; and
• Not participate in the production of Materials or the loading of haul vehicles.
00190.30 Plant Scales - The Contractor, with the Engineer's written approval, may weigh
plant-mixed Materials on scales that have either:
• An automatic weight batching and mixing control printer system; or
• A weigh hopper printer system.
Any additional costs resulting from the use of these scales shall be borne by the Contractor.
Check weighing will be done according to 00190.20(f).
Except for 00190.20(c) regarding approaches, the Contractor's use of plant scales shall
comply with all provisions of 00190.20.
The Engineer's approval for the Contractor's use of plant scales to determine pay weights
will be rescinded if check weighing or scale inspections indicate the scales do not
consistently determine weights within the tolerances allowed by state law.
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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 - On certain projects, as identified in
the Special Provisions, an escalation/de-escalation clause with respect to asphalt cement will
be in effect during the life of the Contract.
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause -
Subsections 00195.13, 00195.13(a), 00195.13(b), 00195.13(c), and 00195.13(d) contain the
price escalation/de-escalation clause relating to asphalt cement materials (as defined in
00195.13(d)).
(a) Monthly Asphalt Cement Material Price (MACMP) -The Monthly Asphalt
Cement Material Price (MACMP) will be established by the Agency each month and will
be based on the published prices of PG 64 22 asphalt cement furnished by Poten &
Partners, Inc. The MACMP will be based on the average prices for the Pacific Northwest,
Portland Oregon area. Each MACMP for a given month will be the average of the
published prices for that MACMP for each Friday in that month. For information
regarding the calculation of the MACMP, and for the actual MACMP, go to the ODOT
website at:
http•//«N-,w oregon gov/ODO'I'/H\X'Y/ESTIMATING/asphalt fuel.shtm
If the ODOT selected index ceases to be available for any reason, the Agency in its
discretion will select and begin using a substitute price source or index to establish the
MACMP each month. The MACMP will apply to all asphalt cement including but not
limited to paving grade, polymer modified, and emulsified asphalts, and recycling agents.
The Agency does not guarantee that asphalt cement will be available at the MACMP.
(b) Base Asphalt Cement Material Price (Base) -The Base price for this Project is
the MACMP published on the ODOT website for the month immediately preceding
the bid opening date.
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(c) Monthly Asphalt Cement Adjustment Factor- The Monthly Asphalt Cement
Adjustment Factor will be determined each month as follows:
• If the MACMP is within ± 5% of the Base, there will be no adjustment.
• If the MACMP is more than 105°io of the Base, then:
Adjustment Factor = (NIACMP) - (1.05 x Base)
If the N4ACMP is less than 95% of the Base, then:
Adjustment Factor = (NIACMP) - (0.95 x Base)
(d) Asphalt Cement Price Adjustment- If specified in the Special Provisions, an
asphalt cement escalation/de-escalation clause will be in effect during the life of the
Contract. A price adjustment will be made for each pay item in the bid schedule
containing asphalt cement. The price adjustment as calculated in 00195.13(c) above will
use the MACMP for the month the asphalt is incorporated into the Project. The Agency
reserves all of its rights under the Contract, including, but not limited to, its rights for
suspension of the Work under 00180.70 and its rights for termination of the Contract
under 00 180.90, and this escalation/de-escalation provision shall not limit those rights.
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.
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00195.30 Differing Site Conditions - Upon written notification, as required in 00140.40,
the Engineer will investigate the identified conditions. If the Engineer detem-ines 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, or persons acting for the
Agency, and that additional compensation, Contract Time, or both, are due the Contractor
because of the suspension, delay or interruption, the Contractor shall immediately file a
written notice of delay according to 00180.60. The Contractor shall then promptly submit a
properly supported request for any additional compensation, Contract Time, or both,
according to the applicable provisions in 00180.60 through 00180.80 and Section 00199.
The Engineer will promptly evaluate a properly submitted request for additional
compensation. If the Engineer determines that the delay was unreasonable, and that the cost
required for the Contractor to perform the Contract has increased as a result of the
unreasonable suspension, delay or interruption, the Engineer will make an equitable
adjustment, excluding profit, and modify the Contract in writing accordingly. The Engineer
will notify the Contractor of the determination and whether an adjustment to the Contract is
warranted.
Under this provision, no Contract adjustment will be allowed
• Unless the Contractor has provided the written notice required by 00180.60;
• For costs incurred more than 10 Calendar Days before the Engineer receives the
Contractor's properly submitted written request;
• For any portion of a delay that the Engineer deems to be a reasonable delay, or for
which an adjustment is provided for or excluded under other terms of the Contract; or
• To the extent that performance would nevertheless have been suspended, delayed or
interrupted by causes other than those described in this Subsection.
00195.50 Progress Payments and Retained Amounts:
(a) Progress Payments -The Agency's 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 of any part
of the 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
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Contractor uses 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 will make an
estimate of the amount and value of Pay Item Work completed. The amount of Work
completed -vvill be the sum of the estimated number of units completed for unit price
Pay Items plus the estimated percentage completed of lump sum Pay Items.
The estimated value of the Work completed will be determined by using the Contract
unit price for unit price Pay Items, and by using one of the following methods to
determine the value of the lump sum Pay Items:
• A Contractor-submitted, Engineer-approved Schedule of Values; or
• Engineer's determination, when there is no approved, Contractor-submitted
Schedule of Values.
The amounts to be allowed for lump sum Pay Items in progress payments will not
exceed the reasonable value of the Work performed, as determined by the Engineer.
Incidentals such as formwork, falsework, shoring, and cribbing shall be included in the
unit prices for the various Pay Items requiring their use, unless specified as a separate
Pay Item. No payment 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 of Materials on Hand- If payment for Materials on Hand is allowed in the
Special Provisions, the Engineer will also make an estimate of the amount and value
of acceptable Materials on Hand, i.e., already delivered and stored according
to 00195.60(a), to be incorporated into the Work.
(3) Value of Work Accomplished - The sum of the values in (1) and (2) above will be
collectively referred to in this Subsection as the "value of Work accomplished", subject
to (4) below.
(4) Limitations on Value of Work Accomplished - In deternuning the "value of
Work accomplished", the Engineer's estimate will be based on the unit prices for the
various Pay Items. Any amounts not included in progress payments due to substantial
mathematical unbalancing of Pay Item prices will be included in the final payment
issued according to 00195.90(b).
(5) Reductions to Progress 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 or owed to the Agency for any cause specified in the Contract;
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• Additional amounts retained to protect the Agency's interests according to
Subsection (e) below.
(b) Retainage - The amount to be retained from progress payments will be 5°o of the
value of Work accomplished, and will be retained in one of the forms specified in
Subsection (c) below.
As provided in 00170.65(a) additional retainage of 25°io of amounts earned will be
withheld and released according to ORS 279C.845 when the Contractor fails to file the
certified statements required in ORS 279C.845, FHWA Form 1273, and 00170.65.
(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 Subsections (1) through (3). "Cash, Alternate A" is the Agency-
preferred form of retainage. If the Agency incurs additional costs as a result of the
Contractor's election to use a 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- Retainage will be deducted from progress payments and held
by the Agency until final payment is made according to 00195.90, unless otherwise
specified in the Contract.
The Agency will deposit the cash retainage withheld in an interest-bearing account in a
bank, trust company, or savings association for the benefit of the Agency, as provided
by ORS 279C.560(5). Interest earned on the account shall accrue to the Contractor.
Amounts retained and interest earned will be included in the final payment made
according to 00195.90.
Any retainage withheld on Work performed by a Subcontractor will be released to the
Contractor according to 00195.50(d).
(2) Cash, Alternate B (Retainage Surety Bond) - Upon receipt of an approved
retainage surety bond, the Agency will limit the amount of cash retainage withheld to
$10,000. The surety bond must be in the bond form 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 up to 5°'0 of the value of the Work accomplished as cash retainage until the
retained amount equals $10,000. After that amount is retained, no further 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 progress 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°/0 of the
value of the Work accomplished from subsequent progress payments.
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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 of retainage withheld under the provision will be included in the final payment
according to 00195.90.
Any retainage withheld on Work performed by a Subcontractor shall be released to the
Contractor according to 00195.50(d).
(3) Bonds, Securities, and Other Instruments - In accordance with ORS 279C.560,
unless the Agency finds in writing that accepting a bond, security or other instrument
poses an extraordinary risk that is not typically associated with the bond, security or
other instrument, the Agency will approve the Contractor's written request to deposit
bonds, securities or other instruments with the Agency or in a 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 bonds, securities
and other instruments. Interest or earnings on the bonds, securities and other
instruments shall accrue to the Contractor.
Bonds, securities and other instruments deposited instead of cash retainage shall be
assigned to or made payable to the Agency and shall be of a kind approved by the
Director of the Oregon Department of Administrative Services, including but not
limited to:
• Bills, certificates, notes or bonds of the United States;
• Other obligations of the United States or agencies of the United States;
• Obligations of a corporation wholly owned by the federal government;
• Indebtedness of the 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 Agency's interest have been fulfilled, the bonds and securities
deposited instead of cash retainage will be released to the Contractor.
(d) Reduction of Retainage -As the Work progresses, the amounts to be retained
under (b) of this Subsection are subject to reduction in the Engineer's sole discretion.
Retainage reductions will be considered only as follows:
• When the Work is 97.5% or more completed, the Engineer may, without
application by the Contractor, reduce the retained amount to 1000/io of the value of
the Work remaining.
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• For a project funded by the FHWA, when a subcontractor has satisfactorily
completed all of its Work, it may request release of retainage 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 complete, and that all contractual requirements pertaining
to the subcontractor's Work have been satisfied. Within 60 Calendar Days of the
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 of
any 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 of
receipt of retainage, the Contractor shall pay to the subcontractor all such retainage
released except for latent defects or warranty.
• The Agency will only release retainage for satisfactorily completed portions of the
Work represented by Pay Items in the Schedule of Items, or by Pay Items added by
Change Order. Work not represented by a Pay Item, but which constitutes part of
an uncompleted Pay Item,will not be regarded as satisfactorily completed Work for
the purposes of this Subsection.
If retainage has been reduced or eliminated, the 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 - In addition to any other rights the Agency may have to
withhold payments under other provisions of the Contract, the Engineer may withhold
such amounts from progress payments or final payment as may, reasonably protect the
Agency's interests until the Contractor has:
• Complied with all orders issued by the Engineer according to the Specifications;
and
• Satisfied all legal actions filed against the Agency, the Agency's governing body and
its members, and Agency employees that the Contractor is obliged to defend. (see
00170.72)
Notwithstanding ORS 2790.555 or ORS 2790.570 or 00195.50(d), if a Contractor is
required to file statements on the prevailing rate of wages, but fails to do so, the Agency
will retain 25% of any amount earned as required in 00170.65.
(f) Prompt Payment Policy - Payments shall be made promptly according to
ORS 279C.570.
00195.60 Advance Allowance for Materials on Hand:
(a) General - If the total value of Materials on Hand is at least $1,000 or the total value
of a single class of Materials on Hand is at least $500, the Engineer may authorize an
advance allowance for the 1\Iaterials in the progress payments. The Agency will not make
advance allowances on the Materials unless the following three conditions are satisfied:
(1) Request for Advance Allowance - If Materials on Hand meet the requirement
of(2) below, an advance allowance will be made if:
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• A written request for advance allowance for Materials on Hand has been received
by the Engineer at least 5 Calendar Days before the pay period cutoff date; and
• The request is accompanied by written consent of the Contractor's Surety, if
required by the Agency.
(2) Stored or Stockpiled Conditions -The Materials shall have been delivered and/or
acceptably stored or stockpiled according to the Specifications and as follows:
• At the Project Site;
• On Agency-owned property;
• On property in the State of Oregon on which the property owner has authorized
storage in writing. The written authorization must allow the Agency to enter upon
the property and remove Materials for at least 6 months after completion of the
Project. The Contractor shall furnish a copy of the written permission to the
Agency; or
• On property outside the State of Oregon on which the property owner has
authorized storage in writing, provided that such storage location is authorized in
writing by the Engineer. The permit must allow the Agency to enter upon the
property and remove Materials for at least 6 months after completion of the
Project. The Contractor shall furnish a copy of the written permission to the
Agency.
To be eligible for advance allowance, the Materials shall:
• Meet Specification requirements;
• Have the required Materials conformance and quality compliance documents on
file with the Engineer (see Section 00165);
• Be in a form ready for incorporation into the Work; and
• Be clearly marked and identified as being specifically fabricated, or produced, and
reserved for use on the Project.
(3) Responsibility for Protection - The Contractor has full control and responsibility
for the protection of Materials on Hand from the elements and against damage, loss,
theft, or other impairment until the entire Project has been completed and accepted by
the Agency.
If Materials are damaged, lost, stolen, or otherwise impaired while stored, the monetary
value advanced for them, if any,will be deducted from the next progress payment.
If these conditions in 00195.60(a-1) through 00195.60(a-3) have been satisfied, the amount
of advance allowance, less the retainage described in 00195.50, will be determined by one
of the following methods as elected by the Engineer:
• Net cost to the Contractor of the Materials, f.o.b. the Project Site or other approved
site; or
• Price (or portion of it attributable to the Materials), less the cost of incorporating the
Materials into the Project, as estimated by the Engineer.
(b) Proof of Payment- The Contractor shall provide the Engineer with proof of
payment to the Materials suppliers for purchased Materials prior to the date of the
progress payment that includes the advance allowance.
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If proof of payment is not provided, sums advanced will be deducted from future
progress payments, and the Engineer will not approve further prepayment advance
allowance requests.
(c) Terminated Contract - If the Contract is terminated, the Contractor shall provide the
Agency immediate possession of all Materials for which advance allowances have been
received, as provided above. If, for any reason, immediate possession of the Materials
cannot be provided, the Contractor shall immediately refund to the Agency the total amount
advanced for the Materials. The Agency may deduct any amount not so refunded from final
payment.
00195.70 Payment under Terminated Contract - 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.
(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 determuied
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 Contractors 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
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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;
• Provides receipts, bills and other records of actual cost of Materials delivered to the
designated delivery points; and
• Demonstrates to the satisfaction of the Engineer that the materials cannot be
returned for credit or otherwise disposed of on the open market.
00195.90 Final Payment:
(a) Final Estimate - As soon as practicable after Final Inspection of the Project, as
provided in 00150.90, the Engineer will prepare a final estimate of the quantities of the
Pay Items completed. With this estimate of quantities as a base, the total amount due the
Contractor will be determined according to the terms of 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 of all payments previously made. All prior
partial estimates and payments shall be subject to correction in the final estimate and
Payment.
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After computation of the final amount due, and after Engineer's issuance of the Third
Notification, final payment will be mailed to the Contractors 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 as described above. No interest will be paid on
money withheld due to outstanding amounts owed by the Contractor under the provisions
of 00170.10.
(e) No Waiver of Right 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 of possession of the Project Site,
determination of satisfactory 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 of the Work;
• Showing that any measurement, estimate, determination or certification is incorrect;
• Recovering from the other party damages that may have been suffered because the
other party failed to comply 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 Engineer, that all
payrolls, material bills, 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 payment, a 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 by surety bond.
00195.95 Error in Final Quantities and Amounts:
(a) Request for Correction of Compensation- If the Contractor believes the quantities
and amounts detailed in the final Contract payment voucher, prepared by the Engineer
according to 00195.90, to be incorrect, the Contractor shall submit an itenvzed statement
to the Engineer detailing all proposed corrections.
This statement must be submitted to the Engineer within 90 Calendar Days from the date
the voucher was mailed to the Contractor, according to 00195.90(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 of Section 00199.
(b) Acceptance or Rejection of Request:
(1) Consideration of Request -The Engineer will consider and investigate the
Contractor's request for correction of compensation submitted according to
00195.95(a), and will promptly advise the Contractor of acceptance or rejection of the
request in full or in part.
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(2) Acceptance of Request- If the Engineer accepts the Contractor's request(s) in full
or in part, the Engineer will prepare a post-final Contract payment voucher, including
all accepted corrections, and will forward it to the Contractor.
(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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00196
Section 00196 - Payment for Extra Work
00196.00 General- Only work not included in the Contract as awarded but deemed by the
Engineer to be necessary to complete the Project (see 00140.60) will be paid as Extra Work.
Regardless of alterations and changes, any, item of Work provided for in the Contract will
not constitute Extra Work. Payment for alterations and changes to Work will be made
according to 00195.20.
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 Engineer's
written authorization shall be at the Contractors 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 deternune a price estimate for
Extra Work, the Engineer may then give written authorization to the Contractor to begin the
Extra Work. As soon as practicable, but within 10 Calendar Days after that authorization,
the Contractor shall respond in writing to the Engineers Extra Work price estimate by
submitting to the Engineer an Extra Work price quote. The price quote shall detail the
following items related to the Extra Work:
• Types and amounts of Materials
• Hours of Equipment use and hours of labor
• Travel
• Overhead and profit
• 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 soon as practicable, but within 10 Calendar Days of receipt of a 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 a price quote that cannot be justified
on a Force Account basis. If the Contractors price is accepted, the Engineer will issue a
Change Order, and the Extra Work will be paid at the accepted price.
00196.20 Force Account - If the Engineer and the Contractor cannot agree on a price for
the Extra Work, the Engineer may issue a Force Account Work order requiring the Extra
Work to be paid as Force Account Work. Force Account Work records and payment will be
made according to Section 00197.
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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.
00197.01 Extra Work on a 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 Contractors performance of the ordered Force Account
Work.
Force account work performed by subcontractors will be measured and paid for on the same
basis and in the same manner as force account work performed directly by the Contractor.
If the Engineer orders the performance of Extra Work as Force Account Work, the
Engineer will record, on a daily basis, the Materials, 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 Materials, Equipment, and Labor used for the
Force Account Work performed on that day.
The following shall be reflected on the daily record:
• Materials used in the Force Account Work as directed by the Engineer, except those
furnished and paid under rental rates for use of Equipment;
• Equipment which the Engineer considers necessary to perform the Force Account
Work. Equipment hours will be recorded to the nearest quarter hour;
• Labor costs, including that of Equipment operators and supervisors in direct charge of
the specific operations while engaged in the Force Account Work; and
• The Engineer's and 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 be at actual cost,including
transportation costs to the specified location, from the supplier to the purchaser, whether
the purchaser is the Contractor, a Subcontractor, or other forces. All costs are subject to
the provisions of this Subsection.
(b) Trade Discount - If a commercial trade discount is offered or available to the
purchaser, it shall be credited to the 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.
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(c) Not Directly Purchased From Supplier - If Materials cannot be obtained by direct
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, as determined by the
Engineer, but not more than the purchaser paid for the Materials. No markup other than
actual handling costs will be permitted.
(d) Purchaser-Owned Source - If Materials are obtained from a supply or source
wholly or partly owned by the purchaser, the cost shall not exceed the price paid by the
purchaser for similar Materials furnished from that source on Pay Items, or the current
wholesale price for the Materials delivered to the Project Site,whichever is lower.
00197.20 Equipment:
(a) 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 be recorded on the daily
record to the nearest quarter hour.
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 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).
(b) Equipment Description- On the billing form for Equipment costs, the Contractor
shall submit to the Engineer sufficient information for each piece of Equipment and its
attachments to enable the Engineer to determine the proper rental rate from the Blue
Book.
(c) Rental Rates (without Operator):
(1) Rental Rate Formula - Rental rates for Equipment will be paid on an hourly basis
for Equipment and for attachments according to the following formula:
Monthly Base Rate x Rate Adjustment Factor
Hourly 176 hours/month Rate = + Hourly
Operating Rate
Some attachments are considered "standard Equipment" and are already included in the
monthly base rate for the Equipment. That information can be obtained from
EquipmentWatch.
(2) Monthly Base Rate -The monthly base rate used above for the machinery and for
attachments represents the major costs of Equipment ownership, such as depreciation,
interest, taxes, 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 Blue Book Rates. The
Regional and User Defined Ownership/Operating Adjustments shall not apply.
(4) Hourly Operating Rate -The hourly operating rate used above for the machinery
and for attachments represents the major costs of Equipment operations, such as fuel
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and oil, lubrications, field repairs, tires or ground engaging components, and expendable
parts.
(5) Limitations
If multiple 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
to the Force Account Work.
Rental will not be allowed for small tools that have a daily- rental rate of less than $5, or
for unlisted Equipment that has a fair market value of$400 or less.
The above rates apply to approved Equipment in good working condition. Equipment
not in good working condition, or larger than required to efficiently perform the work,
may be rejected by the Engineer or accepted and paid for at reduced rates.
(d) Moving Equipment - If it is necessary to transport Equipment located beyond the
Project Site exclusively for Force Account Work, the actual cost to transport the
Equipment to, and return it from, its On-Site Work location will be allowed as an
additional item of expense. However, the return cost will not exceed the original delivery
cost. These costs will not be allowed for Equipment that is brought to the Project Site for
Force Account Work if the Equipment is also used on Pay Item or related Work.
If transportation of such Equipment is by common carrier, payment will be made 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.
(e) Standby Time - If ordered by the Engineer, standby time will be paid at 40°o of 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 in a 24-hour period or 40 hours in a
1 week period. Standby Time provisions shall also apply to Section 00195 —Payment.
(0 Blue Book Omissions - If a rental rate has not been established in the Blue Book,
the Contractor may:
• If approved by the Engineer, use the rate of the most similar model found in the
Blue Book, considering such characteristics as manufacturer, capacity, horsepower,
age and fuel type;
• Request EquipmentWatch to furnish a written response for a rental rate on the
Equipment,which shall be presented to the Engineer for approval; or
• Request that the Engineer establish a rental rate.
(g) Outside Rental Equipment - If Contractor-owned or Subcontractor-owned
Equipment is not available, and Equipment is rented from outside sources, payment will
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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 rental rate does not include fuel, lubricants, field repairs, and
servicing, 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 (f) of this Subsection.
The provisions of 00180.20(c) apply to owner-operated Equipment.
00197.30 Labor -The Contractor will be paid for all labor engaged directly on Force
Account Work, 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 Project,
or at the recognized, current,prevailing rates in the locality of the Project.
(b)Required Contributions -The actual cost of industrial accident insurance,
unemployment compensation contributions, payroll transit district taxes, 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
diem and travel allowances, health and welfare benefits, pension fund benefits, or
other benefits when such other benefits are required by a collective bargaining
agreement or other employment contract generally applicable to the classes of labor
employed on the Project.
(d)Overtime - No overtime will be compensated unless authorized in advance of
performing the Work by the Engineer.
00197.80 Percentage Allowances - To the Contractor's actual costs incurred, as limited in
this Section 00197, amounts equal to a percentage markup of such costs will be allowed and
paid to the Contractor as follows:
Subsection Percent
00197.10 Materials 17
00197.20 Equipment 17
00197.30 Labor 22
When a Subcontractor performs ordered Force Account Work, the Contractor will be
allowed a supplemental markup of 8% on each Force Account Work order.
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These allowances made to the Contractor will constitute complete compensation for bonds,
insurance, overhead, general and administrative expense, profit, and all other Force Account
Work costs that were incurred by the Contractor, or by other forces that the Contractor
furnished. No other reimbursement, compensation, or payment will be made.
00197.90 Billings - Billings for Force Account Work by the Contractor shall be submitted
for the Engineer's approval on forms provided by the Agency or approved by the 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 Services, shall be accompanied by copies of invoices for the
goods and services. The invoices shall be fully itemized showing dates, quantities, unit
prices, and complete descriptions of goods and services provided. Invoices for amounts of
$10 or less per invoice are not required, unless requested by the Engineer.
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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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:
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00199
• 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.
(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
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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.
(j) 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(0, the Contractor may request that a mutually selected Third Parte 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 Engineers 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:
0 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 m 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
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00199
00199.20, or is not filed as provided in 00199.30, the Contractor waives any 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 seri-ice,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 Contractors position
relative to the Engineer's decision (see 00199.20(f));
(Part 2) Proof of notice (label page 2.1 through page 2.N') - 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.Z) -
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;
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00199
(Part 6) Additional Contract Time requests (label page 6.1 through page 6.Z) - 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;
(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.Z) - 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:
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00199
Under penalty of law for pe.7'n or Pals fieation, the undez rigned, ( Tame),(Title), (Coo a v
certifies that this claim,for additional compensation for Vork on the Contract is a true statement of
Me actual costs incurred (in the amount of w exclusive of interest) and is fully
documented and sl pported under the Contract between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day of 20
Notary Public-
My
ublicMy 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:
Under penalty o/' law far pe)7z11), or lalsfiwlion, the underly fined.
Zkne) itle), (Company) certPies that this claim originating from the
subcontractor, Supplier or Entity Com an, or additional compensation for Ivork on the
Contract is a reasonable statement, independently verified, of the costs incurred (in the
amount of s , exclnsive of interest) and is fully documented and supported under
Me Contract between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day o�j' 20_
Notary Public
Aly 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.
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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 held within 14 Calendar Days or as otherwise agreed by
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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) deternzines 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.
(e) 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 Agency's
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
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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 parte 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.
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.
144
00199
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 necessarj 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)-,vill 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 linut, the Agency will schedule a meeting with the Contractor
within 14 Calendar Days or as otherwise agreed by the parties, to discuss the records.
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.
145
00199
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.
146
Special Provisions
Section 00120—Bidding Requirements and Procedures
Comply with Section 00120 of the City of Tigard General Conditions, modified as follows:
00120.01 General Bidding Requirements—Bids must be submitted in writing before the deadline and at
the location stated in the Advertisement for Bid.
00120.02 Prequalification of Bidders—See Special Provisions Section 00294 for personnel certification
requirements.
00120.03 Request for Solicitation Documents—Bid Package,Plans and Specifications are available online
at www.tigard-or/gov/business/bids or in person at Tigard City Hall located at 13125 SW Hall Blvd.Tigard,
OR 97223 at no charge..
Copies of the Oregon Standard Specifications for Construction 2015 may be downloaded or purchased
online at http://www.oregon.gov/ODOT/HWY/SPECS/Pages/standard specifications.aspx.
(a) Paper Bids - Bidders must obtain Solicitation documents from the City of Tigard,either online at
www.tigard-or.gov/business/bids or in person at Tigard City Hall located at 13125 SW Hall Blvd.
Tigard,OR 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 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
Manual on Uniform Traffic Control Devices (MUTCD)
Oregon Standard Specifications for Construction 2015 Available from ODOT
Copies of these standards and specifications can be found at the locations stated above.
00120.04 Pre-Bid Meeting—A Non-Mandatory pre-Bid Meeting will be held at Potso Dog Park(7960
SW Hunziker Rd,Tigard, OR 97223)on June 13, 2017,at 2:00 pm.
00120.25 Subsurface Investigations—Remove the first paragraph and replace with the following:
A Geotechnical Engineering Report prepared by GeoPacific is available for the contractor's reference.
The contractor is also provided below the recorded water surface levels of the piezometer shown on the
plans.The depths measured are the depths from the existing ground surface at the piezometer.
Groundwater monitoring from the piezometer showed groundwater elevations from about 137 to 144
Mean Sea Level.The site soils are not conducive to wellpoint dewatering unless the wells are very tightly
spaced.The contractor shall develop a dewatering plan based on review of the geotechnical report,
EAST TIGARD SEWER IMPROVEMENT PROJECT SP1 of 44
and/or onsite well tests. Excavation will likely require continuous shoring, such as excavate and push
(aka Slide Rail shoring) or equivalent.The dewatering and excavation plan should be submitted to the
owner and engineers prior to start of construction.
4/29/2014 5 139.2
8/14/2014 6.5 137.7
10/15/2014 6.18 138.0
1/25/2016 3.35 140.9
6/20/2016 4.83 139.4
Section 00150—Control of Work
Comply with Section 00150 of the City of Tigard General Conditions, modified as follows:
00150.10(a) Order of Precedence- Remove the bullet "Standard Specifications; and" add the following
after"Approved Unstamped Working Drawings;":
• ODOT"Standard Specifications;"
• City of Tigard "Public Improvement Design Standards Manual;"
• Clean Water Services "Design and Construction Standards; and"
00150.15(b)Agency Responsibilities—Replace this subsection, except for the subsection number and
title,with the following:
The Engineer will perform the responsibilities described in 00305.04.
00150.15(c) Contractor Responsibilities- Replace this subsection, except for the subsection number and
title,with the following:
Perform the responsibilities described in 00305.05.
Add the following subsection:
00150.50(d) Cooperation with Utilities:
The Contractor shall notify all utilities that may be affected by the construction operation at least 48
hours in advance that their services will be affected by the work and make reasonable accommodations
(in the judgment of the engineer)for the operation of these utilities.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP2 of 44
9!My Agency Contact Phone Email
Water City of Tigard Sam Morrison 503-718-2596 samm@tigard-or.gov
24-hour 503-639-1554
Sanitary City of Tigard Rob Block 503-718-2607 rob@tigard-or.gov
Sewer
Storm City of Tigard Rob Block 503-718-2607 rob@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 willis@comcast.com
Damage& Repair 503-617-1212
Telephone Frontier John Bielec 503-367-5106 iohn.bielec@ftr.com
24-hour 1-877-462-8188
CenturyLink Scott Miller(Local 971-769-9940 scott.miller4@centurylink.com
Network)
CenturyLink Mike Lopez 503-242-4144 michael.lopez@centurylink.com
(National Network)
Gas NW Natural Peter Cathcart 503-715-7441 peter.cathcart@nwnatural.com
Damage& Repair 503-226-4211
Section 00170—Legal Relations and Responsibilities
Comply with Section 00170 of the City of Tigard General Conditions, modified as follows:
00170.01 Other Agencies Affecting Agency Contracts—Add the following:
(c) Local Agencies—Add the following:
• Clean Water Services
• City of Tigard
• TriMet Rail
• Genesee &Wyoming Railroad Services, Inc.
00170.02 Permits, Licenses,and Taxes—Add the following:
• Comply with all requirements and sections of the permits including but not limited to;
o TriMet Rail "License Agreement No.2718"
o Department of State Lands Permit No.59303-RF
o CORPS No.: NWP-2016-382
o CWS Service Provider Letter CWS File Number 16-002734
o CWS Temporary Discharge Application for Non USTs—Contractor to coordinate with
CWS for issuance of the permit to discharge water into the existing sanitary sewer
system.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP3 of 44
o City of Tigard Plumbing Permits-Contractor to fill out required sections of forms prior
to issuance of separate plumbing permits.
o And all right of way agreements—to be provided to Contractor.
00170.03 Furnishing Right-of-Way and Permits—Add the following:
• Contractor shall complete the "Contractors Access/Occupancy on Railroad Property" right of
entry form upon being selected for this project.
• Contractor to complete and submit a Public Facility Improvement (PFI) permit for work in the
right-of-way within Hunziker Road.
00170.70(a) Insurance Coverages—Add the following to the end of this subsection:
The following insurance coverages and dollars amounts are required pursuant to this subsection:
Insurance Combined Single Limit Annual Aggregate
Coverages per Occurrence Limit
Genesee&Wyoming Railroad Services, Inc.
Commercial General Liability $2 Million $6 Million
Railroad Protective Liability Insurance $2 Million $6 Million
McLellan Estate Company
Commercial General Liability $5 Million $5 Million
Section 00180—Prosecution and Progress
Comply with Section 00180 of the City of Tigard General Conditions, modified as follows:
00180.40(a) In General—Add the following bullet.
• Work is permitted between the hours of 7:00 a.m.to 7:00 p.m. Monday through Friday unless
otherwise authorized by the City.
00180.41 Project Work Schedules—After the paragraph that beings"One of the following Type..." add
the following sentence:
A Type "A" schedule as detailed in the City of Tigard General Conditions is required for this contract.
00180.50(h)Contract Time—Add the following subsection.
Work to be done under this project shall be completed within 120 Calendar Days of issuance of the
Notice to Proceed.
0180.85 Liquidated Damages—Add the following paragraph to the end of this subsection:
EAST TIGARD SEWER IMPROVEMENT PROJECT SP4 of 44
The liquidated damages for failure to complete the Work on time required by 00180.50 (h)will be$700
per Calendar Day.
Section 00210—Mobilization
Comply with Section 00210 of the Standard Specifications modified as follows:
00210.40 Mobilization—Add the following:
• Installation of a staging yard to include installing a temporary protection fence and protection of
the existing irrigation system.
• Installation of a temporary gravel pad on geosynthetic fabric to support vehicular traffic in the
staging yard. The proposed staging area is commonly saturated from runoff through the dog
park.
• Removal and rehabilitation of staging area to include insuring the irrigation system is reinstalled
and or repaired to equal or better than original working condition.
• Installation of a protection fence for the dog park lateral to include protection of any irrigation
system in the area and the removal and rehabilitation of the site after permanent seed
germination has occurred.
00210.80 Measurement—Add the following:
Estimated Quantities:
Item Quantit
Potso Dog Park Chain Link Site Protection Fence 400 LF
Section 00220—Accommodations for Public Traffic
Comply with Section 00220 of the Standard Specifications modified as follows:
0220.02 Public safety and Mobility—in the eight"bulleted" item, delete the words "as shown on the
Plans" and add the following bullet to the end.
• The Contractor shall notify the applicable following agencies and organizations a least five (5)
working days in advance that their services will be affected by the work, including lane/road
closures or other restrictions which could cause delay to emergency, delivery or transit vehicles.
The information below is provided for the contractor's convenience; it is the contractor's
responsibility to make sure each entity is properly notified.
Emergency Services 911
City of Tigard Police Department(Non-Emergency) 503-629-0111
Tualatin Valley Fire & Rescue (Station 51) (John Wolff) 503-612-7000
United States Post Office (Non-Emergency Services) 503-968-0753
or 503-968-2991
United States Post Office (Emergency Services) 866-261-6412
Tigard-Tualatin School District(Jean Devenport) 503-431-4046
First Student (Joanne Kirkbride) 503-431-2345
EAST TIGARD SEWER IMPROVEMENT PROJECT SP5 of 44
Pride Disposal (Lottie Schmidt) 503-625-6177
Ext 129
00220.40(d)Adjacent to Excavations—In the first"bulleted" item, delete the words "as shown on the
standard drawings".
00220.40(e) Lane Restrictions—Replace (1)Closed Lanes-with the following:
(1) Closed Lanes—One traffic lane may be closed when allowed, shown, or directed on SW
Hunziker Road during the following periods of time.
• Monday between 12:01 a.m. and 7:00 a.m.
• Daily, Monday through Friday between 9:00 a.m. and 3:00 p.m.
• Daily, Monday through Friday between 10:00 p.m. and 7:00 a.m.
Section 00225—Work Zone Traffic Control
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.03 Traffic Control Outside Project Site—Replace subsection with the following:
Contractor shall provide an approved TCP for proposed work that may impede traffic within the public
right of way.
00225.90(b) Method "B"—Lump Sum Basis—Add the following:
Payment shall also include all temporary pedestrian and construction fencing both during and after
active construction. All materials and labor as required to maintain local access per Section 00220 shall
be included in this pay item.
Section 00280—Erosion and Sediment Control
Comply with Section 00280 of the Standard Specifications modified as follows:
00280.03 Standards- Replace "ODOT'Erosion and Sediment Control' manual" with "Clean Water
Services Design and Construction Standards."
00280.06 Erosion and Sediment Control Manager—Add the following to the end of this section:
Contractor shall assume permittee responsibilities and transfer of the 1200-CN permit for the project.
Contractor will designate the responsible qualified party for fulling the requirements of the 1200-CN
permit including 24-hour emergency contact and site log book preparation and maintenance.
00280.80 Measurement—Add the following under 280.80(a) and remove all of subsection 280.80(b)
through 280.80(e):
Measurement under lump sum for erosion and sediment control shall be project wide for all phases,
construction activities, and permit areas.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP6 of 44
Estimated Quantities:
Item Quantity
Sediment Fence 2000 LF
Orange Construction Fence 1000 LF
Wattles 350 LF
Plastic Sheeting 1000 SY
Inlet Protection,Type 4 6 EA
Inlet Protection,Type 5 6 EA
Construction Entrance 1 EA
Tire Wash 1 EA
Concrete Washout 1 EA
00280.90 Payment— Remove the last sentence in this subsection, "Water used for non-chemical dust
control will be paid according to Section 00340."
Section 00290—Environmental Protection
Comply with Section 00290 of the Standard Specifications modified as follows.
00290.00 Scope-Add the following at the end of the subsection:
For specification Section 00290 (and Section 00294) and the ENV set of environmental plans under this
work scope,the term "Engineer" refers to environmental staff(project manager,geologist, engineer,
field tech, etc.) of Amec Foster Wheeler. The Engineer shall oversee the environmental work of this
project and provide technical support as requested by the City regarding the excavation,treatment and
disposal of impacted soils and groundwater encountered during the sewer installation work.
Refer to Section 00294 regarding staging, loading, amendment, and transport of contaminated soils and
the treatment and discharge of water pumped from trenches for this project.
The specifications apply to any areas along the alignment where contaminants are encountered during
excavation work. Issues of turbidity, restoration, and work conducted outside the Impact Zones are
covered in other specifications or permits.
00290.10 Staging and Disposal Sites—Replace this subsection with the following:
No on-site disposal sites may be used on this Project. Delineate the limits of the staging site with orange
plastic mesh fencing from the qualified products list (QPL)for the duration of the Project. Remove the
fencing when the Project is complete and the site has been restored to preconstruction conditions.
• Site Restoration: Once all subsurface work is complete, Contract shall restore the site staging
and work areas by:
o Removing all imported fabric, rock, and other construction debris.
o Tilling and smoothing the ground.
o Repair and restore existing irrigation system(s). Systems shall be tested for leaks and
proper operation.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP7 of 44
o Rebuild the existing fencing to pre-existing conditions or better.
o Reseeding all disturbed earth.
o Comply with the Schott and Associates Restoration Plan dated July 2016 and all
applicable regulatory requirements including the Nationwide Permit (NWP) 2016-382.
00290.30(a) Pollution Control Measures—Add the following subsections.
(7) Water Quality:
a) Water Discharges: Do not discharge contaminated or sediment-laden water, including drilling
fluids and waste, or water recovered from the excavations directly into waters of the State or U.S. All
water recovered from the alignment excavations shall be properly treated for turbidity and
contaminants in accordance with Section 00294, sanitary discharge limits (see table on ENV-4),
requirements of NWP 2016-382, and Oregon Department of Environmental Quality (DEQ) 401 Water
Quality General Conditions.
b) Turbidity:The site NWP permit requires compliance with DEQ 401 WQC turbidity limits.The
permit requires that the Contractor must implement all reasonably available technological controls and
management practices to meet the standard rule of no more than a 10% increase in project-caused
turbidity above background levels. However, if all reasonably available controls and practices are
implemented by the Contractor,turbidity exceedances of more than 10%above background are allowed
for limited time, depending on the severity of the increase, as specified in the DEQ 401 WQC.
• Monitoring: During construction, Contractor shall monitor in-stream turbidity using either
visual or turbidity meter methods during work and inspect all erosion controls daily. The City
may require the Contractor to conduct turbidity monitoring with a turbidity meter if correction
actions are necessary.
• Corrective Action: If monitoring or inspection shows that the erosion and sediment controls are
ineffective, mobilize work crews immediately to make repairs, install replacements, or install
additional controls as necessary.
• Blasting: Underwater blasting is not allowed.
• Containment: Implement containment measures adequate to prevent pollutants or
construction and demolition materials, such as waste spoils, fuel or petroleum products,
concrete cured less than 24 hours, concrete cure water, silt, welding slag and grindings,
concrete saw cutting by-products and sandblasting abrasives,from entering waters of the state
or U.S.
• Project Cessation: Cease project operations under high flow conditions that may result in
inundation of the project area, except for efforts to avoid or minimize resource damage.
• Work Stoppage: The City of Tigard or Engineer retains the authority to temporarily halt or
modify the Project in case of excessive turbidity or damage to natural resources.
(8) Turbidity Monitoring and Compliance Requirements- Perform turbidity monitoring each day
(standard NWP and DEQ rules apply). Turbidity monitoring may be conducted
using a turbidity meter or visually in accordance with the following conditions, requirements, and
actions:
a) Turbidity Meter: Use a turbidity meter that has been calibrated to meet manufacturer
requirements and measures turbidity in standard NTU units. Turbidity monitoring shall be
conducted using a turbidity meter, as directed in the NWP.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP8 of 44
b) Visual Turbidity Monitoring: Turbidity may be monitored visually in accordance with the
following conditions and actions(see specifications and tables below).
c) Turbidity Records: Contractor must monitor and record turbidity data in a daily log.
• Daily Logs: The daily log shall include the date,time, location, and turbidity levels at both
monitoring locations during work in the Impact Zones and compare the Background and
Compliance turbidity levels to ensure compliance with the NWP and DEQ requirements.
Also include in the daily log all controls and practices implemented to control turbidity at
the start of work each day. If controls or actions change during the day or require
replacement,those changes should also be recorded.
• Corrective Actions: If the compliance level is beyond the permit action level then corrective
actions should be taken and new readings should be taken that day until compliance levels
are attained.
d) Monitoring Locations: Two locations shall be identified for turbidity monitoring before
excavation work commences in accordance with the following:
• Background Location: The background location shall be in a relatively undisturbed location
approximately 100-feet (or as far upstream as possible if 100-ft is not possible) upstream
from the impact zone/excavation work.
• Compliance Location: The compliance location shall be located downstream of the
excavation area at approximately mid-depth (unless acquiring from mid-depth is not practical
or safe)within any visible plume. The distance downstream shall comply with the details in
Table 00290-1 and the width of the stream. If the distance listed in Table 00290-1 is too
great(extends beyond the Project area or is not practical for safety or environmental
reasons,the Contractor may propose a location downstream of the current excavation area
for Approval by the Engineer.
Table 00290-1—Wetted Stream Width and Compliance Distance
WETTED STREAM WIDTH COMPLIANCE DISTANCE
Up to 30 feet 50 feet
30.1 to 100 feet 100 feet
100.1 to 200 feet 200 feet
More than 200 feet 300 feet
Lake, Pond, or Reservoir Lesser of 100 feet or maximum surface
dimension
e) Frequency of Turbidity Monitoring: The frequency and actions associated with the monitoring
of turbidity with a turbidity meter should be conducted in accordance with Table 00290-2.
Visual monitoring frequency at actions should be conducted in accordance with Table 00290-3.
Turbidity measurements should be representative of stream turbidity during the excavation
work. Measurements cannot be taken during a cessation of work.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP9 of 44
Table 00290-2 Monitoring Frequency and Actions with Turbidity Meter
Allowable Exceedance Action Required at 1s' Action Required at 2"d
Turbidity Level above Monitoring Interval Monitoring Interval
Background Levels
0 to less than Continue to monitor every 4 Continue to monitor every 4
5 Nephelometric Turbidity Unit hours hours
(NTU)
5 to less than 30 NTU Modify controls and continue Stop work after 8 hours at 5 to
to monitor every 4 hours less than 30 NTU above
background
30 to less than 50 NTU Modify controls and continue Stop work after 2 confirmed
to monitor every 2 hours hours at 30 to less than 50 NTU
above background
50 NTU or more Stop work Stop work
Table 00290-3 Monitoring Frequency and Actions with Visual Monitoring
Allowable Exceedance Action Required at 1st Action Required at 2"d
Turbidity Level above
Background Levels Monitoring Interval Monitoring Interval
No plume observed Continue to monitor every 4 Continue to monitor every 4
hours hours
Plume observed within Modify controls and continue Stop work after 8 hours with an
compliance distance to monitor every 4 hours observed plume within
compliance distance.
Plume observed beyond Stop work Stop work
compliance distance
FREQUENCY NOTE TO TABLES: Monitoring visually may require stopping work as soon as the visual
plume exceeds the waterbody specific compliance distance. However, using a turbidity meter can allow
work to continue based on more precise determination of the severity of the turbidity increase over
time.
f) Stop Work: Immediately stop work for the remainder of the 24-hour period if:
• Visible Plumes: A visible turbidity plume extends beyond the compliance distance; or,
• Turbidity Compliance: Turbidity is measured at the compliance point at:
• 50 NTU or more over background at any time;
• 30 to less than 50 NTU over background for 2 hours; or
• 5 to less than 30 NTU over background for 8 hours.
Work may continue if no visible plume is observed,turbidity is measured at the compliance
location is no more than 0 to less than 5 NTU above background, or additional control measures
EAST TIGARD SEWER IMPROVEMENT PROJECT SP10 of 44
can be applied to keep the visible plume with the compliance distance, measured turbidity
ranges, and durations listed in tables 00290-2 and 00290-3.
g) Turbidity Control Measures: The Contractor must implement all reasonably available controls
and practices to minimize turbidity during in-water work,which may include, but are not limited
to the following:
• Working Timing: Schedule, sequence or phase work activities so as to minimize in-water
disturbance and duration of activities below ordinary high water;
• Containment Measures: Install and maintain containment measures to prevent erosion of
upland material to waterways and wetlands, isolate work areas from flowing waters, and
prevent suspension of in-stream sediments to the maximum extent practicable;
• Control Measures: Apply control measures for all in-stream digging, including but not
limited to: employing an experienced equipment operator; not dumping partial or full
buckets of material back into the wetted stream; adjusting the volume, speed, or both of
loads or hydraulic suction equipment; or by using a closed-lipped environmental bucket;
• Stream Crossings: Limit the number and location of stream crossing events. If equipment
must cross a waterway, establish temporary crossing sites at an area with stable banks,
where the least vegetation disturbance will occur, shortest distance across water, oriented
perpendicular to the stream, and supplement with clean gravel or other temporary methods
as appropriate;
• Materials Stockpiling: Place excavated,disturbed, and stockpiled material so that it is
isolated from the edge of waterways and wetlands and not allowed to enter waters of the
state uncontrolled;and
• Other Turbidity Control Techniques: Apply other effective turbidity control techniques,
such as those in Appendix D and throughout DEQ's Oregon Sediment and Erosion Control
Manual,April 2005,
http://www.deg.state.or.us/wq/stormwater/docs/escmanual/appxd.pdf
h) Reporting: The Contractor shall provide copies of the daily logs for turbidity monitoring to the
DEQ and other regulatory agencies upon request. The daily logs must include the following:
• Background NTUs or observation,compliance point NTUs or observation, comparison of the
points in NTUs or narrative, and location,time,date, and tidal stage(if applicable)for each
reading or observation.
• A narrative discussing all exceedances, controls applied and their effectiveness, subsequent
monitoring,work stoppages,and any other actions taken.
I) Permit Violations: If work activities violate permit conditions or cause water quality violations
which may endanger the health of aquatic life or environment, stop all in water work activities
and notify the Engineer. Submit a written report of violations to the Engineer within 5 Calendar
Days of violation.
00290.30(b) Pollution Control Plan—Add the following to the beginning of the subsection:
Contractor shall comply with the requirements of the 1200-CN permit and any other applicable
regulations concerning erosion and pollution control.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP11 of 44
00290.41(b) Disturbing Wetlands—Add the following to the end of this subsection:
Permits have been obtained for the project from the US Army Corps of Engineers (CORPS) and the
Department of State Lands(DSL). Contractor shall comply with all requirements of these permits.
00290.90 Payment- Replace this subsection with the following:
No separate or additional payment will be made for work performed under this Section, unless
otherwise provided or pay items are provided under other Sections.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP12 of 44
Section 00294—Contaminated Media
Section 00294,which is not a Standard Specification, is included in this Project by Special Provision.
Description
00294.00 Scope- In addition to the requirements of Section 00290 and these specifications,this work
consists of the following:
• Work Within Impact Zones: Three areas within the sewer alignment are mapped as Impact
Zones 1 to 3 on ENV1 to ENV3. The mapped Impact Zones are estimations based on soil and
groundwater sampling and chemical analysis described further in this Section. Additional
impact zones may exist along the alignment and therefore ongoing monitoring shall be
conducted during the work to evaluate and properly manage soils that are suspected to be
contaminated.
• Removal of Contaminated Soils: Excavate,transport, and dispose of contaminated soils from
the Impact Zones shown on the ENV set of plans (ENV2 and ENV3). Soils in these areas were
found to contain petroleum hydrocarbons, metals, polychlorinated biphenyls (PCBs), and/or
volatile organic compounds (VOCs) at concentrations slightly greater than the Oregon
Department of Environmental Quality(DEQ) risk-based concentrations (RBCS)for construction
workers and above Oregon's Clean Fill Standards.
A limited volume of contaminated soil (from Impact Zone 3)will require amendment mixing to
reduce leachability of metals to below toxicity characteristic leaching procedure (TCLP) limits.
Soils shall be considered contaminated if they exceed Oregon DEQ Clean Fill Standards and/or
RBC levels or lead TCLP limit of 5 milligrams per liter(mg/L).
Treatment and Discharge of Waters: Pump,test, treat, and dispose of all waters recovered
from the Project excavations and the dewatering boxes. Some groundwater testing results were
found to contain concentrations of petroleum hydrocarbons and VOCs at concentrations greater
than the DEQ RBCS for construction and excavation workers.
Recovery,treatment and discharge of waters collected from the Project excavations is discussed
further in this Section. All pumps, hoses, and other equipment necessary to dewater the
excavation shall be supplied, operated, maintained, and removed by the Contractor.
• Turbidity Treatment:Treatment for suspended solids and contaminants in groundwater prior to
discharge to the sanitary sewer system will be required and shall be the responsibility of the
Contractor.
• Locating Water Discharge Point(s):The Contractor shall locate all sanitary discharge locations
prior to mobilizing water treatment equipment to the site. Should it be necessary to move the
treatment system during the course of the project,the Contractor shall be responsible for
relocating and setting up the treatment system. The sanitary discharge locations shall be
approved by the City of Tigard and Clean Water Services (CWS) prior to commencing with the
discharge work.
• Water Treatment System: Contractor shall set up and operate a water treatment system in
accordance with equipment vendor and Engineer direction. Removal and decommissioning of
EAST TIGARD SEWER IMPROVEMENT PROJECT SP13 of 44
any and all temporary dewatering and groundwater treatment equipment, piping,wells, or
trenching will be the responsibility of the Contractor. All equipment shall be properly cleaned
prior to removal from the site. All sediment,filters,and other materials generated during
dewatering should be transported offsite for disposal at a licensed landfill facility.
• Health and Safety Plan: Contractor shall prepare a Health and Safety Plan (HASP) for work
within the contaminated areas of the Project.
• Closure Letter: At the conclusion of the project the Engineer shall prepare an environmental
construction closure letter report. This letter report shall include a narrative summarizing the
environmental work conducted, photograph log, and disposal documentation. The Contractor
shall supply the following documents to the Engineer within 48 hours of the conclusion of the
field work or as specified:
o All disposal receipts for loads taken under the waste disposal profile.
o All turbidity monitoring daily field reports
o All analytical data from sampling work (other than conducted by Engineer)
o All daily field reports for water treatment system.
00294.03 Submittals-Submit the following documents prior to excavation work or as designated below:
• Site Specific HASP: A site specific HASP at least 10 Calendar Days before the pre-construction
conference. Modifications to the HASP that are requested by the Engineer must be supplied
within seven Calendar Days of the request.
• Waste Disposal Profile: Submit the waste disposal profile for the contaminated soils from the
designated landfill to receive these soils. The Engineer shall provide analytical results and
technical assistance that will be needed with the waste disposal profile submittal. All
contaminated soils removed from the site shall be sent to the landfill under this profile.
• Amendment Selection for Impact Zone 3 Soils: The amendment and dosage for the soils in
Impact Zone 3 shall be submitted to the Engineer from approval at least 72 hours prior to
procuring the amendment.
• Training Certificates: Current employee training certificates and medical surveillance
information before beginning work within the contaminated areas.
• Other Submittals: Within 48 hours of removal of contaminated media:
o Permits, permit applications, and documentation of compliance.
o All reuse, recycled, and disposal receipts.
o Final quantities of soil and water/groundwater disposed and their final location.
o All analytical test results.
00294.05 Health and Safety Plan- Prepare a site specific HASP that meets or exceeds the requirements
of 29 CFR 1910.120 and include a personnel and equipment decontamination plan that details how
decontamination media will be contained and disposed.
Maintain a copy of the HASP on site at all times and have it readily available to employees and
inspectors during construction activities. During construction activities,the construction contractor will
bear full responsibility for the implementation and compliance of its own site-specific HASP.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP14 of 44
If additional information becomes available regarding site specific conditions, revise the HASP and
submit the revised version of it to the Engineer. Review of the HASP by the Engineer does not indicate
that the HASP is fully compliant with State or federal requirements. In addition,the City will bear no
responsibility for implementation of, and/or monitoring compliance with the Contractor's HASP and
review by the Engineer will not impose liability upon the City or relieve the Contractor of responsibilities
under the Contract.
Do not begin work in contaminated areas until the Engineer provides written acknowledgement of the
HASP.
All personnel entering contaminated areas shall follow the requirements of the HASP.
Labor
00294.30 Personnel Qualifications—The Contractor shall provide employees meeting the following
requirements.
• Experienced Employee: A contractor with at least 2 years' experience cleaning up and
managing soils and water contaminated with petroleum hydrocarbons, metals, PCB, and VOCs in
accordance with Oregon DEQ rules.
• Trained Workers: Each individual expected to be in contact with contaminated media will be
trained on site-specific management methods for preventing exposure to contaminated soil and
water/groundwater at the site during remedial implementation. Hazardous Waste Operations
and Emergency Response (HAZWOPER)trained workers (29 CFR 1910.120)that:
o Have completed a 40 hour HAZWOPER training course.
o Have completed an 8 hour HAZWOPER refresher training course within the last 12
months.
o Participates in the HAZWOPER Medical Surveillance Program.
• Supervisor: Contractor shall provide a Supervisor that:
o Has at least two years' experience cleaning up and managing petroleum contaminated
soil or water/groundwater in Oregon.
o Meets the HAZWOPER training requirements plus completed an 8 hour HAZWOPER
supervisor training course.
• Environmental Professional: An Oregon Registered Geologist or Professional Engineer or
environmental sampling technician who has experience sampling and directing the handling
contaminated media.
• Subcontractors: Subcontractors assigned with the task of providing and operating specialized
equipment will also be required to have HAZWOPER training.
• Medical Surveillance: It is the responsibility of the individual's employer to provide necessary
medical surveillance if required.
00294.39 Evaluation of Potentially Contaminated Soil During Excavation—Since soil samples were
collected from widely spaced borings across the Project site, soil excavated during the project will be
classified as unanticipated contaminated soil if it exhibits one or more of the following characteristics:
EAST TIGARD SEWER IMPROVEMENT PROJECT SP15 of 44
1. An odor characteristic of chemicals or petroleum hydrocarbons such as gasoline or diesel;
and/or
2. A volatile organic compound (VOC)vapor concentration in excess of 25 parts per million (ppm),
as measured with a photoionization detector(PID) using soil sample head space.
Criteria for evaluating soils for the presence of unanticipated contamination are described in the
following:
• Criterion: Observation of unusual soil staining, odors, or oily liquids.
Procedure: Soil that exhibits unusual staining, discoloration, odors, or contains oily liquid,
should be stockpiled onsite so that it can be sampled and profiled for reuse or disposal.
• Criterion: VOC vapor concentration in excess of 25 ppm as measured with a PID using soil
sample head space. All soils within the Impact Zones and soils found to be suspect along the
alignment should be screened using a PID. PID readings will be collected at a frequency of one
reading for each of the following:
o if visual or olfactory evidence of impacted soil is noted;
o for each change in soil type (change from sand to silt or gravel or clay,for instance);
o for every 100 linear feet of a trench line excavated; and,
o at least once daily during soil removal activities.
Procedure: If the soil yields a VOC vapor concentration in excess of 25 ppm as measured by a
PID,the soil should be stockpiled on-site so that it can be sampled and profiled for potential
disposal.
Any soil that fails one of the above criteria will be considered potentially contaminated soil and shall be
handled in the following manner:
• Upon discovery of suspected unanticipated and unknown contaminated soil,the Contractor
shall notify the City.
• The City has retained an environmental consultant to evaluate whether potential unanticipated
and unknown contaminated soil has been encountered. The City may direct its environmental
consultant to collect and analyze samples or may direct the collection and analysis of samples to
complete this evaluation. The City may also direct the continued excavation and placement of
excavated soil in temporary stockpiles. If it is determined that unanticipated and unknown soils
have been encountered,the City will notify DEQ at (503) 229-5417 within 24 hours of the
determination.
• Suspected unanticipated and unknown contaminated soils must be stockpiled separately from
excess contaminated or assumed contaminated soils. Suspected unanticipated and unknown
contaminated soil must be placed atop plastic sheeting (20-mil minimum) and surrounded by a
berm. The stockpile must also be covered with a weighted tarp (20-mil minimum) during
periods of rain, wind, or inactivity to prevent soil transport.
• The stockpile must be kept neat at all times.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP16 of 44
• The City must approve the location of any and all suspected unanticipated and unknown
contaminated soil stockpiles.
In the event that the City determines that unanticipated and unknown contaminated soil has been
encountered, the construction contractor will comply with the following requirements:
• Secure the area as necessary to restrict and protect workers and the public from exposure.
Do not excavate,temporarily store, manage, load, haul, or dispose of unanticipated and unknown
contaminated soil until directed by the City. Once directed, perform all excavation,temporary storage,
management, loading, hauling, and disposal of unanticipated and unknown contaminated soil in
accordance with this specification. If the contaminated soil is a federal or state hazardous waste,
properly remove and dispose of the soil within 30 days of being directed by the City.
00294.40 Contaminated Soil Excavation—The specifications in this section pertain to the excavation
and handling of the soils in the Impact Zones and any other contaminated soils identified during the
work. The soils in Impact Zone 3 will require the addition of an amendment, as specified below:
a) Notification of Excavation: Notify the Engineer 3 Calendar Days before beginning excavation
activities within contaminated areas.
b) Marking Impacted Zones: The Contractor shall mark the impacted zones (Impacted Zones 1 to
3) on the surface of the sewer alignment prior to conducting excavations in those areas. These
marked areas shall be approved by the Engineer prior to excavation work being conducted.
c) Exclusion Zones: Before beginning excavation of soil within the Impact Zones,the Contractor
must establish an exclusion zone around active parts of the excavation area. Free access can be
allowed after piping and backfill has been placed. Fencing of the exclusion zone should be done,
where feasible,to minimize access to the exclusion zone by unauthorized persons; and
ingress/egress to the exclusion zone should be limited and controlled. The boundaries of the
exclusion zone should be located within the boundaries of the alignment as much as possible.
Equipment may move freely within the exclusion zone. To prevent tracking of contamination
within the work area, loose soil should be removed from equipment using a broom, and
significant quantities of soil that adhere to equipment should be removed with hand tools
before moving equipment between excavation areas. Washing of equipment is not required for
movement of equipment within the exclusion zone.
Refer to the "Loading Area" details below to provide the details concerning the operation and
management of soils during loading of trucks for off-site disposal at the landfill.
Decontamination procedures for personnel and equipment exiting the exclusion zone must be
described in the site-specific health and safety plan prepared by the construction contractor.
Contractors must adhere to all erosion and sediment control plans established by the City and
included in contractor specification documents.
d) Excavation of Contaminated Materials General Specifications: The following are specifications
for the excavation of all contaminated soils for this Project:
EAST TIGARD SEWER IMPROVEMENT PROJECT SP17 of 44
• Excavated Materials: Excavated materials from the Impact Zones and potentially other
areas as determined by the Engineer during excavation work, shall not be used for backfill or
other fill material. These contaminated soils shall be transported and disposed of off-site at
a landfill approved to receive these types of materials. The area where impacted soils and
groundwater are expected is shown in the ENV set of plans (ENV2 and ENV3).
• Trenching Safety: Shoring,sheeting, and bulkheading or use of trenching safety devices
required to prevent caving,to restrict widths of slopes or to prevent disturbance
detrimental to adjacent areas or to other parts of the contract work shall be furnished,
placed and later removed by the Contractor. Trench work and safety measures should
conform to appropriate specifications and requirements set by the applicable federal, state,
and local regulations. All shoring shall be cleaned in the loading area once it is removed
from an impacted area. All soils removed during cleaning shall be placed in trucks for
disposal with the other impacted soils.
• Backfill Materials: Materials satisfactory for backfill shall be stockpiled and protected from
the elements and any potentially contaminated materials. The Contractor shall be
responsible for maintaining backfill material in a condition suitable for backfilling the
excavation. The Contractor will also be responsible for stockpiling an adequate quantity and
type of backfill material to complete the scope of work without any significant delays as
determined by the Engineer due to backfill material shortages.
• Reestablish Elevations: The elevations shall be reestablished, within the tolerances
specified herein, or set to those detailed in the site plans and specifications with approved
general backfill material. The backfilling work shall not impede or damage the proposed
final or existing grade for the site.
• Structural Integrity: The method of excavation shall not weaken surrounding areas or
damage structures or utilities that are completed or under construction. Existing structures
and utilities adjacent to excavations shall be protected and supported to prevent
settlement. Any damage caused by the Contractor to any structures, utilities, subsurface
features (wells, piping, etc.), or aboveground features (roadways, parking lots, sidewalks,
curbs, etc.)shall be fixed at the Contractor's expense (no expense to the Owner or
Engineer).
e) Excavation of Unsaturated Impacted Soils: All impacted soils that are unsaturated (excavated
above the water table or with no free liquids) shall be immediately placed in a dump truck for
off-site transport and disposal at a permitted landfill under a waste disposal profile.The
Engineer reserves the right to observe and screen the excavated soils.
• Cover: Soil in the dump trucks shall be covered to prevent the soil from blowing out during
transport. No free liquid water shall be present in the soils before loading them into the
trucks for transportation to the landfill. Use water as necessary to prevent the generation of
visible dust during excavation and loading activities.
• Stockpiling: Any soils that cannot immediately be placed in a truck shall be stockpiled on
the project site and covered with an impermeable poly liner(minimum 20 mil) at a location
apart from clean backfill materials.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP18 of 44
• Disposal: All soils excavated from the impacted zones, except for Impact Zone 3 (see Impact
Zone 3 Handling below for direction), of the sewer trenches shall be considered
contaminated non-hazardous materials and be properly disposed at a facility permitted for
such impacted materials under the waste disposal profile, unless otherwise directed by the
Engineer.
• Clean Fill: All soils removed from the trenches outside the impacted zones, shall be
considered clean for backfill use unless evidence of unanticipated contamination is observed
during field screening. Field screening is discussed in Section 00294.39. The Contractor shall
not consider any soils excavated from the Impact Zones or other contaminated soils to be
available as clean fill for on or off-site re-use or off-site recycling.
f) Excavation of Saturated Impacted Soils: All impacted soils that are excavated from the trench
below the water table or that are saturated, shall be immediately placed in a dewatering box for
water removal.
• Dewatering Impacted Soils: Soils that are excavated from the identified impacted areas
that are saturated shall be placed in 18 or 25-yard roll-off style dewatering boxes(see ENV4)
for dewatering. The water collected from the soil dewatering boxes shall be pumped
through the water treatment system prior to discharge to the sanitary sewer system. The
contractor shall ensure that they have an adequate number of dewatering boxes to allow
soil to have an adequate amount of time to drain while not impeding the excavation
schedule. The contractor shall supply the proper hoses, valves, and pumps to pump the
water from the dewatering boxes to the treatment system. The dewatering boxes should be
set on a gentle slope to direct water down to the discharge end of the box. Proper valving
and hose connections shall be provided by the Contractor to facilitate the connections to
the treatment system and transfer pump.
• Transport of Dewatered Impacted Soils: Once the soils have been adequately dewatered,
they will be removed from the dewatering boxes and placed into dump trucks for off-site
transport and disposal at a permitted landfill under a waste disposal profile. The Contractor
may elect to directly transport the dewatering boxes to the landfill for disposal of the soils
(if allowed by the landfill) and return the dewatering boxes to the Project, as necessary.
These soils shall be covered during transportation to the landfill.
• Free Liquid Water in Soils: Soils should not contain significant free liquids prior to loading
into trucks for transport to the landfill. The Engineer shall require the trucks/trailers to be
lined with plastic (minimum 15 mil thickness liner)to keep and minor amounts of residual
liquids from draining out of the trucks during transportation. Engineer may require
additional dewatering if soils appear to contain too much free liquid water.
• Soils from Dewatering Box Cleanup: Soils collected from the dewatering boxes, including
soils collected from cleaning the boxes at the end of the project, shall be transported to the
landfill for disposal as impacted materials under the same waste disposal profile.
g) Impact Zone 3 Soil Handling: Soils located in Impact Zone 3 exceed the 5 mg/L limit for
leachable lead in soil, based on soil TCLP analytical results for lead in one soil sample from this
area. To reduce leachable lead concentrations in soil excavated from Impact Zone 3, a
EAST TIGARD SEWER IMPROVEMENT PROJECT SP19 of 44
phosphate amendment designed for metals fixation shall be mixed into these dry or post-
dewatered soils.
• Mixing Amendment Groups: The mixing of the phosphate amendment shall be done in two
groups. The unsaturated soils shall be mixed and tested first and the saturated soils mixed
and tested second.
• Unsaturated Soils Mixing: The unsaturated soils shall be placed directly on a liner(no less
than 20 mil) with a maximum thickness of 2-ft vertical. The amendment shall be placed over
the top of these soils and mixed into the soils in accordance with the amendment vendors
directions.
• Saturated Soils Mixing: The saturated soils shall be immediately placed in dewatering boxes
to dewater the soils prior to amendment mixing. Once the unsaturated soils have been
mixed, sampled, passed TCLP testing, and removed,the saturated soils shall be placed on a
similar liner and mixed with amendment in the same manner as the unsaturated soils.
• Amendment Dosing: It is expected that an amendment concentration of 4 to 5% by weight
dosing(depending on type of amendment selected)of these soils should reduce the TCLP
result to below 5 mg/L.
• Post Dosing Sampling: After mixing the amendment into the soils,the Engineer shall collect
a composite soil sample for leachable lead analysis at Apex Laboratories in Tigard, Oregon
using a 24-hour turnaround time. If the soils pass the leachability test,they can be loaded
for off-site disposal at the approved facility under the same Waste Disposal Profile. If soils
do not pass the leachability test for metals,then additional phosphate amendment should
be mixed into the soils and the sampling/testing process conducted again.
h) Impacted Soil Stockpiling: When approved by the City or Engineer, impacted soil can be
temporarily stored on site in covered water tight containers or placed on minimum 20 mil thick
polyethylene sheeting that has an impermeable berm around the edge. The contaminated soil
shall be covered with minimum 20 mil thick polyethylene sheeting. Do not allow rainwater to
enter the excavated contaminated soil. Label all stored material with the type of material,the
contaminants, and the dates of accumulation. Silt fences or other erosion control devices to
prevent site soils from migrating into the adjacent Redrock Creek.
i) Loading Area: The area used for loading contaminated soil shall be paved or lined so that soils
that spill on the ground can be swept up and placed into the trucks. Also,the trucks shall be
swept off prior to departure from the site at the loading location. Frequent sweeping, if
practical due to weather, of the loading area shall be conducted to reduce dust and to collect
overspill soils during loading. These soils shall be placed into the dump trucks for disposal. If a
liner is used is shall be robust enough (minimum 20-mil thickness poly liner)to survive truck
traffic during loading work.
j) Transport: Contractor shall establish specific truck haul routes before beginning off-site soil
transport. Use on-site truck routes that minimize or prevent movement of trucks over known or
managed-as contaminated soils. In addition:
• Contractor shall ensure that loaded truck weights are within acceptable limits
EAST TIGARD SEWER IMPROVEMENT PROJECT SP20 of 44
• The construction contractor must use means and methods to prevent off-site migration of
visible or measurable soils as airborne dust,track out, or stormwater runoff.
k) Disposal Documentation: Each truck or truck and trailer that transports impacted materials to
the landfill shall be logged on a field form. Legible copies of landfill tipping documents (showing
time, date, and tonnage dropped) shall be provided to the Engineer within 48 hours of the time
of disposal.
1) Sample Collection: Allow the Agency or Engineer access to collect soil and groundwater
samples during excavation and treatment activities.
m) Field Screening: The Engineer's field tech shall field screen soil using a portable photo ionization
detector, portable flame ionization detector,field test kits, or other instrumentation capable of
detecting the contaminants identified for this soil.
n) Soil Segregation: Segregate non-contaminated soil from contaminated soil during excavation
activities, based on the field screening, as applicable, and the provided contaminated soil
location information.
00294.41 Contaminated Soil Management—Dispose of contaminated soil according to the following:
a) Landfill Disposal and Transportation: Landfill disposal requires a waste profile and transport:
• Waste Profile and Permits: Obtain the Engineer's approval of the disposal facility before
disposing of the contaminated soil. A waste disposal profile must be completed with the
disposal facility prior to excavation work commencing. Prior to transportation, obtain all
required permits and furnish all labor, materials, equipment, and incidentals required for
soil transport.
• Transportation: Transport the contaminated soil to a DEQ permitted municipal solid waste
landfill or a permitted construction and demolition landfill for disposal. Dispose of
temporarily stored contaminated soils within 30 days of beginning excavation work.
The construction contractor must comply with any and all applicable federal, state, or local
laws, codes,and ordinances that govern or regulate contaminated soil transportation. Prior
to transportation, obtain all required permits and furnish all labor, materials, equipment,
and incidentals required for soil transport.
• Driver Credentials: Ensure that all drivers hauling contaminated soil have in their
possession during hauling all applicable state and local vehicle insurance requirements, valid
driver's license, and vehicle registration and license. Inform all drivers of haul vehicles of
the nature of the material being hauled; the route to and from the disposal site and/or
disposal staging area; applicable city street regulations and requirements; and State of
Oregon Department of Transportation codes, regulations, and requirements; and the legal
maximum load limits per vehicle.
b) Transport Requirements: The construction contractor will ensure that the following
requirements are met:
• Contaminated soil will not be spilled or tracked off site.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP21 of 44
• No visible or measurable airborne soil (i.e., dust)will leave the site.
• Each truck load of contaminated soil will be covered with a well-secured tarp prior to the
truck leaving the site.
• Soil on the exterior of trucks and other equipment will be removed prior to the vehicle
leaving the site.
• Trucks will not exit the site if liquids are draining from the load.
• The Contractor must be prepared to install a liner in the trucks upon request by the City.
• Trucks used for transportation of contaminated soil will be substance-compatible, licensed,
insured, and permitted pursuant to federal, state, and local statutes, rules, regulations, and
ordinances.
• Provide to the City any weigh tickets from any local scale and disposal facility within two
days of disposal of contaminated soil.
• Contractor is responsible for cleaning all trucks and equipment at the end of the project to
alleviate cross contaminating another Site.
• Complete and sign all manifests and bill of lading forms for handling, loading, transporting,
and disposing of the contaminated soil.
• Pay all filing, permit, profile, and disposal fees associated with the disposal of the
contaminated soils.
00294.44 Water Management—All waters recovered from the Project excavations shall be treated and
disposed of in accordance with the following:
a) Removal from Excavations: Water removed from excavations will be pumped into storage
tank(s)for appropriate treatment for turbidity and contaminants(if contaminant levels exceed
sanitary discharge limits). See "VOC Sampling/Testing section for details.
b) Groundwater Treatment System: Contractor shall set up and operate the water treatment
system to address both turbidity and contaminants in the water stream. System shall work with
vendor and Engineer to install and operate the treatment system.
c) Water Discharge: The water collected in the water storage tank(s)will be treated for suspended
solids/turbidity and contaminants by the Contractor. The water will subsequently be discharged
(by Contractor)to the sanitary sewer system, per Clean Water Services authorization and permit
requirements. All solids recovered from the dewatering system shall be collected and disposed
of with the other impacted soils excavated from the excavations.
d) Turbidity Treatment: Water pumped from the trenches shall be treated for turbidity and
contaminants using a method approved by the Engineer. Refer to ENV4 for a concept layout for
EAST TIGARD SEWER IMPROVEMENT PROJECT SP22 of 44
the proposed treatment system. Contractor shall coordinate this work with a supplying vendor
and can propose a different treatment system layout and equipment for approval by the
Engineer.
• Weir Tank(s): Water containment tanks shall be provided by the Contractor and shall be
open top and at least 10,000-gallons in capacity. The tank(s) must have the capacity to
install weirs to provide for sediment settling in the tank. The water storage tanks shall be
water-tight, sturdy, and have a minimum of two 2-inch diameter(or larger)opening in the
base (or near base). Inlet hose from the excavations shall direct water into the top of the
tank at the "inlet" end so the water flows through the tank to the "outlet" end. Appropriate
valving shall be used to secure and control the flow of water into and out of each tank and
should be in place prior to pumping water into each tank. If possible, tanks shall be placed
on a gentle slope so the discharge location (connection point to the sanitary sewer is
downslope so that the water can gravity flow through of the tank to the outlet end.
• Filtration System: Contractor shall use sand or bag filtration equipment to further reduce
the turbidity and sediments from water prior to discharge, as necessary. This filtration
equipment shall be placed downstream of the weir tank(s) and treatment system transfer
pump.
• Treatment System Transfer Pump: A transfer pump shall be installed after the weir tank(s)
to pump the water through the filtration vessel(s), as necessary, and to the sewer discharge
locations. This pump should be rated to provide adequate head pressure and flow rate to
pump water through the filtration system, GAC vessels, and through hoses to the sanitary
discharge location(s). This pump shall be rated to adequately handle the expected turbidity
of the water stream.
• Flocculants: The Contractor may need to add in flocculants in the weir tank(s)to reduce the
turbidity if the weir tank(s) and filtration vessels are not adequate. The Contractor shall
work with the dewatering equipment vendor to select the proper flocculant and activation
material, as necessary.
• pH Treatment: The Contractor shall also provide adequate pH treatment to comply with the
sanitary discharge permit limits of pH range of 6 to 11.
e) Volatile Organic Compounds(VOCs)Treatment: If VOC concentrations in the treatment system
effluent exceed the sanitary sewer permit limits(see table in ENV4),then additional treatment
shall be necessary downstream of the filtration system consisting of liquid phase granular
activated carbon (GAC)vessel. Treatment sampling shall be conducted as detailed below.
• GAC Treatment: It would be expected that 55-gallon drum GAC vessels shall be used in
series. Sampling ports should be installed on the influent to the GAC vessels and on the
effluent side of the primary and secondary GAC vessels.
• VOC Sampling/Testing: The following water sampling and VOC testing(using EPA Method
8260)shall be conducted:
EAST TIGARD SEWER IMPROVEMENT PROJECT SP23 of 44
o General Testing: The Engineer shall collect a water sample from the primary GAC
vessel effluent water every 20,000 gallons and submitted for testing by EPA Method
8260 at Apex Laboratories in Tigard, Oregon. CWS may require more frequent
water sampling, based on permit requirements.
o Initial VOC Sampling of Dewatering Box Water at Impact Zone 2: Prior to pumping
the water from the dewatering boxes that contain soils from Impact Zone 2,the
Contractor shall set up a separate holding tank (Holding Tank)to hold water during
the initial treatment of the dewatering box water. Contractor shall collect a
composite water sample from the Weir Tank after pumping all of the water from
the dewatering box(es) in the Weir Tank. The Contractor shall also collect a water
sample from the primary GAC effluent port after beginning to treat the dewatering
box(es)water. Both of these water samples shall be submitted to Apex Laboratory
for a 24-hour test by EPA Method 8260 for VOCs. All water that is treated after the
dewatering box(es) are pumped into the Weir Tank shall be pumped into the
Holding Tank until the lab results show compliance with the sanitary discharge
limits. If the tests show compliance,the Holding Tank water will be discharged into
the sanitary sewer system at a rate that does not exceed a combined (combined
with ongoing treatment water system) peak rate of 50 gpm. If the tests do not
show compliance,the water shall be pumped back into the Weir tank from the
Holding tank and the testing procedure repeated until compliant test results are
received from the lab. Once compliant results are received,the Holding tank can be
emptied and removed from the site and the treatment system operated
continuously(continuous discharge) in accordance with general testing procedures.
• Breakthrough: If the analytical tests indicate that VOC breakthrough has occurred at the
primary GAC vessel, the primary vessel taken out of service and the secondary should
become the primary and a new secondary GAC vessel installed. The Contractor shall be
responsible for procuring these vessels and the analytical testing of the effluent from the
primary and secondary vessels to confirm when breakthrough has occurred.
• GAC Disposal: The Contractor shall arrange and pay for the GAC vendor(Evoqua, Calgon, or
equivalent)to recover the spent GAC vessels for final disposal or regeneration.
f) Tank/Treatment System Moving: If tanks/treatment system are to be moved to accommodate
site work, it shall be the responsibility of the Contractor and should not be included in any
"change order" submittals. The Contractor shall place the tank(s) in a location that does not
interfere with the construction or trenching work of the project, or interfere with surrounding
uses of the adjoining properties. The Contractor is responsible for protecting and securing the
tank(s)from damage or theft.
g) Water Recovery from Project Excavations: The Contractor shall minimize the amount of water
recovered and the duration of dewatering operations necessary in areas that require
dewatering. Any methods employed to comply with minimizing quantity and duration must be
economically prudent and approved by the Engineer.
h) Sampling Access: Allow the Agency or Engineer access to collect water samples during pumping
activities and subsequent storage.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP24 of 44
i) Discharge to a Permitted Sanitary Sewer Facility: All water pumped from the excavations will
be discharged under permit to the CWS sanitary sewer:
• Approval: Submit all groundwater analytical data, and proposed treatment information to
the local sewer authority and obtain written permission or a permit to discharge the
contaminated groundwater to the sanitary sewer system.
• Permit Fee and Compliance: Comply with the appropriate regulatory discharge
requirements and for coordinating with Clean Water Services to obtain the "Temporary
Discharge Application for Non USTs" and pay the$75 permit fee to discharge this water into
the sanitary sewer system. No System Development Charges will be charged by Clean
Water Services for discharges to the sanitary sewer system under this permit.
• Discharge Metering: The Contractor is responsible for transferring all collected dewatering
water from the impacted zones to the discharge location and metering the total volume of
impacted water to determine the average daily injection rate to the sanitary sewer. A flow
rate should be read four times a day to ensure discharge does not exceed a peak flow rate
of 50 gallons per minute (gpm). A running log of the end of day meter total should be
recorded at the end of each day and confirmed at the beginning of the following day of
work. Meter and field documentation shall record volume discharged in gallons that day
and total cumulative gallons for the project at the end of each work day.
• Maximum Sanitary Sewer Discharge Rates: Maximum discharge rate to the sanitary sewer
system shall not exceed a peak flow rate of 50 gpm, as averaged across working hours each
day, per Clean Water Services limit. The daily totals of water discharge shall be recorded on
the field form to determine the average flow rate.
Measurement
00294.80 Measurement- No measurement of quantities will be made for health and safety plan.
The unit rate of tons refers to U.S.tons (1 ton = 2,000 lbs.).
The quantities of contaminated soil removed will be measured on the weight basis, based on the
recycling or disposal facility weigh tickets.
No measurement of quantities will be made for water treatment and disposal.
Payment
00294.90 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 items:
Bid Item Unit of Measurement
(a) General Environmental Lump Sum
(b) Contaminated Soil Removal Ton
(c) Water Treatment/Disposal Lump Sum
EAST TIGARD SEWER IMPROVEMENT PROJECT SP25 of 44
Bid Item (a) includes but is not limited to all incidentals associated with the work to prepare health and
safety plan, manage,treat,and dispose of contaminated soils and water with the Project. This also
includes all fees and expenses associated with the appropriate permits,waste profiles, and other
regulatory requirements.
Bid Item (b) includes all the labor, equipment, and expenses associated with the excavation, loading,
dewatering,transport, and disposal of contaminated soils for the Project. This cost includes all
associated work, supplies, labor, and equipment to mix in the amendment for Impact Zone 3 soils.
Bid Item (c) includes all mobilization, moving, and demobilization costs for water removal,treatment
and discharge work. This item also includes all the equipment and labor expenses associated with the
operation and maintenance of the water treatment system for the duration of the work associated with
all water from the Project excavations and dewatering boxes. The sanitary sewer discharge permit does
not have a per gallon discharge fee.
Payment will be payment in full for furnishing all equipment, labor, and incidentals necessary to
complete the work as specified.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP26 of 44
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-This work consists of all surveying activities necessary to control the many phases of
work required to construct the Project to the lines and grades as shown, specified, or established.
Make all supporting computations and field notes required for control of the work and as necessary to
establish the exact position, orientation, and elevation of the work from control stations, including
furnishing and setting construction stakes and marks, reference marks, and additional control stations.
Plans, specifications and other data necessary to lay out the work will be available for inspection at the
Project Manager's office.
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
00305.01 Definitions:
Agency,Practices, Procedures,Standards—Agency, Practices, Procedures and Standards are as
described in ODOT's"Construction Surveying Manual for Contractors".
Control Network-An array of control stations either established by the Contractor or provided by
the Agency.
Control Station-Any item identified in the Project records as having a position and/or elevation on
the Project datum and intended to be used to control the many phases of the construction work.
Digital Terrain Model (DTM)-An electronic computer model of the shape of the ground.
Reference Stakes-Stakes set away from but with information relating back to the intended location
and/or grade.
Slope Catch-The location where a design slope intersects the existing ground and where excavation
or embankment work should begin to provide the intended earthwork.
Slope Staking-The process of using measurements and calculations in the field to determine the
slope catch. Slope staking shall normally include setting stakes to mark the slope catch and setting a
reference stake for every catch stake.
Stakes-Stakes, nails, marks, string lines,or other devices or mechanisms set or established for the
purpose of indicating or controlling the location, orientation,or grade of any feature intended for
construction,or for the purpose of limiting or influencing the construction work.
Staking-The act of placing stakes.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP27 of 44
Survey Marker-Any survey monument, control station, or stake.
Survey Monument-Any natural or man-made item specified or identified in a property deed,
boundary survey,government document, or other instrument of public record,when the purpose of
said item is to mark or reference a property boundary,geographical location, elevation, or other
position.
Surveyor-The individual designated by the Contractor and licensed in the state of Oregon as a
Professional Land Surveyor and placed in "responsible charge" of the survey work as defined in ORS
672.002(6)(b).
Temporary Bench Mark(TBM)-A control station established for the purpose of providing vertical
control for the Project. A TBM may or may not have an established horizontal position.
00305.02 Mandatory Pre-Survey Conference-The prime Contractor, subcontractors, surveyor, survey
crew leader, and all surveying personnel who are to be involved in the survey work shall meet with the
Project Manager two weeks prior to beginning survey work. The purpose of this meeting will be to
discuss methods and practices of accomplishing required survey work.
00305.03 Review by the Engineer-The Engineer may periodically review the notes, calculations and
layout work, including field locations,for compliance with these specifications. Survey work that does
not meet the tolerances in 00305.40 may be rejected,and the work redone at the Contractors expense
to meet the tolerances.
Review by the Engineer does not constitute approval or acceptance of the work, nor does it relieve the
Contractor of responsibility for performing work in conformance with the plans and specifications.
00305.04 Agency Responsibilities:
• Provide copies of plans and specifications.
• Establish initial horizontal and vertical control stations in the proximity of the Project.
• Provide horizontal and vertical alignment data.
• Perform measurements and calculations for pay quantities.
• Perform final "as constructed" measurements.
00305.05 Contractor Responsibilities- Perform or provide the following items of work:
• Make calculations, field notes and survey drawings for the layout and control of the work as
are necessary to construct the Project as specified.
• Provide original or copies of notes, calculations and drawings as requested.
• Preserve survey monuments and control stations according to 00305.71 and as governed by
applicable law.
• Replace and augment control stations as necessary to control the Project.
• Establish additional control stations as necessary to control the Project.
• Set stakes defining limits for clearing. Set stakes defining approximate right-of-way and
easements.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP28 of 44
• Set stakes to define construction centerline, centerline offsets, limits for clearing, or right of
way and easements.
• Set stakes to define the work.
00305.06 Survey Methods-Survey procedures shall be appropriate for the equipment being used and
be according to current Agency practices.
New survey procedures that are not according to current Agency practices shall be submitted to the
Engineer for review 21 days prior to conducting the work. The surveyor may be required to
demonstrate the capabilities, accuracy, and reliability of the intended procedure. The Engineer will
evaluate the procedure and intended application and provide approval or rejection within 21 days.
Work may proceed immediately upon approval of procedures by the Engineer.
Test and adjust survey equipment according to Agency's procedures and maintain records of test results
and submit copies to the Engineer upon request. Information on Agency test procedures may be
obtained from the Engineer.
00305.07 Survey Work Records-Contractor's survey personnel shall maintain a Project daily record of
work performed by the survey crew. The daily record shall contain the date, crew names,type and
location of work, and work accomplished. Upon request, furnish a copy of diary entries to the Engineer.
Furnish a final copy of the diary when the Project is complete.
Contractor's survey personnel shall make all field notes and calculations in a manner consistent with
current Agency practices and on forms provided or approved by the Engineer. Computations, survey
notes and other records necessary to accomplish the work shall be neat, legible and complete. Furnish
copies of computations, notes and other records when requested by the Engineer.
For bridges,furnish computations, layout notes, and drawings of the structure to the Engineer for
review 7 days before beginning construction.
Upon completion of construction staking and prior to final acceptance of the Contract,furnish to the
Engineer, computations, survey notes, Project records and other data used to accomplish the work.
Include an itemized list of the data.
All data and original documentation associated with this Project will become the property of the Agency.
00305.08 Communication With the Surveyor-The Engineer has the right to communicate directly with
the surveyor.
00305.09 Electronic Data-The Engineer will not be responsible for any data translations. The method
of exchange of electronic data will be mutually agreed upon at the pre-survey conference.
(a) Data Formats Provided by the Engineer:
CAD(graphics) Files—AUTOCAD Design File (.DWG)format.
Horizontal Control Coordinates-ASCII Coordinate File format.
Elevations-ASCII Elevation File format.
DTM Data -AUTOCAD Design File (.DWG)format.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP29 of 44
(b) Data Formats Provided by the Contractor:
DTM Data-AUTOCAD Design File (.DWG)format.
CAD(graphics) Files-AUTOCAD Design File (.DWG)format.
"As Staked" Coordinate Data-ASCII Coordinate File format.
Vertical Control Point Elevations-ASCII Elevation File format.
Coordinates of Miscellaneous Survey Points Set-ASCII Coordinate File format.
(c) Data Format Details- Data exchanged between the Agency and the Contractor will be in the
following formats as referred to in this subsection:
(1) ASCII Coordinate File Format: Point ID Northing Easting Elevation Description
• Point IDs are numeric up to 8 characters long.
• Coordinates/Elevations are decimal numbers in the units required by the Project.
• Descriptions may be up to 27 characters and may contain any combination of printable
ASCII characters.
• Columns shall be separated by commas.
• Name all ASCII coordinate files with an extension of.TXT.
Example: 105 216473.675 576231.905 102.562 1/2 inch iron rod
(2) ASCII Elevation File Format: Point ID Elevation Description
• Point IDs are numeric up to 8 characters long.
• Elevations are decimal numbers in the units required by the Project.
• Descriptions may be up to 27 characters and may contain any combination of printable ASCII
characters.
• Columns may be separated by spaces or commas.
• Name all ASCII elevation files with an extension of.TXT.
Example: 425 542.768 TBM12, n.w. bolt on lum.
(6)AUTOCAD Drawing File Format:AutoDesk, Inc.
Materials
00305.10 Materials- Furnish all materials including supplies, clothing, and incidentals required to
accomplish the work. Use materials of good quality and suitable for the purpose intended. Stakes,
hubs, and guinnies are to be of sufficient length to provide a solid set in the ground. Mark the stakes in
such a way as to remain legible for the intended duration. Provide and use safety equipment required
by State and federal regulations.
Equipment
00305.20 Survey Equipment- Furnish survey equipment required to accomplish the work that meets
the following requirements:
• Components designed to work together.
• Suitable for the purpose intended.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP30 of 44
• Capable of achieving specified tolerances.
• In good operating condition.
• Maintained to meet manufacturers specifications.
• Kept in proper adjustment throughout the duration of the Project.
Submit documentation on survey equipment that is new to the industry,to the Engineer for review 21
days prior to its use. The Engineer will evaluate the equipment and intended application and provide
approval or rejection within 21 days. Equipment may be used immediately upon approval by the
Engineer.
Labor
00305.30 Personnel - Provide technically qualified personnel capable of performing required tasks in a
timely and accurate manner. Perform work under the direction and review of the Surveyor.
The Surveyor is responsible for:
• Maintaining registration as a Professional Land Surveyor in the State of Oregon.
• Performing or validating requirements for procedures and testing of equipment.
• Maintaining familiarity with the site conditions and progress of the Project.
• Becoming familiar with the plans and specifications.
• Determining notes and documentation required for types of survey work.
• Determining the accuracy required for each survey stake.
• Using appropriate equipment and methods.
• Keeping close communication with the Project inspector(s), Project Manager, and Agency
survey crews working on the Project.
• Being familiar with the varying construction survey requirements of each aspect of the
Project, including the various bridge construction techniques when applicable.
• Notifying the Project inspector of conflicts and changes necessary due to utilities, match
point variations, design revisions, or other variables.
The survey crew leader is responsible for:
• Becoming familiar with the plans and specifications.
• Keeping close communication with the Project inspector(s), Project Manager, and Agency
survey crews working on the Project.
• Notifying the Project inspector of conflicts and changes necessary due to utilities, match
point variations, design revisions, or other variables.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP31 of 44
Construction
00305.40 Construction Staking Tolerances-Set stakes or other devices at an adequate frequency and
within the following tolerances:
Item Horizontal Vertical
Clearing and Grubbing Stakes ± 1.00 ft. n/a
Construction Centerline Control Points ±0.05 ft. n/a
Construction Centerline Station Points ±0.10 ft. n/a
Manholes, Inlets, and Culverts ±0.10 ft. ±0.03 ft.
Miscellaneous items not listed above will have a horizontal and vertical tolerance of 0.20 foot, unless
otherwise directed. Features that are to be constructed flush to another surface should take on the
same tolerance as that surface.
Tolerances for special circumstances will be discussed at the pre-survey meeting.
00305.42 Clearing Limits-When clearing limits are to be established by the Contractor, set clearing limit
stakes according to the Oregon Standard Specifications for Construction, Section 00320. Space clearing
limit stakes at intervals not greater than 50 feet or as directed.
00305.43 Grade Stakes-Set grade stakes or other control for grade elevation and horizontal alignment.
Set grade stakes at each grade break line. Set additional points at intervals, as necessary, not to exceed
the width of the grading equipment, or as approved by the Engineer. Set these rows at 50 foot stations
or as required in special situations, as in road connections and other areas where conditions require
tighter spacing of grade stakes to assure grade and alignment.
Measure and record confidence points upon completion of each course and prior to the placement of
the next course. Location and spacing of these confidence points shall be such that they provide a
reasonable record of the grade as constructed and placed at a nominal rate of one confidence point for
every 2,000 square feet of grade.
Provide confidence point data in the form of an ASCII Coordinate File Format to the Engineer for
analysis. The Engineer may request additional confidence points if quantity, distribution, or placement
does not meet the stated criteria in this subsection and in the confidence point location guidelines in
00305.01. The Engineer may choose to collect additional confidence points using Agency personnel.
The Engineer will evaluate the grade using any combination of industry-standard techniques and the
standard Agency confidence point analysis procedure. The confidence point analysis will use the
tolerance value defined in 00305.40 for the particular course, and will be deemed unacceptable if less
than two-thirds of all confidence points meet the tolerance or if any confidence points exceed the
tolerance by a factor of three or more.
The Engineer will evaluate the grade and provide acceptance or rejection before the end of the first
business day following receipt of the confidence point data. Do not begin placement of the next course
until the Engineer has accepted the grade and approval is given to proceed. Set all stakes within the
right of way.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP32 of 44
00305.44 Walls-Set stakes or other devices to control the location and elevation of walls, including
retaining walls,geotextile walls, wing walls, sound walls and other walls as specified. Provide horizontal
and vertical control for elements of wall(s) including but not limited to footings, leveling pads, batter
slope and direction, and top elevation. Stake drainage facilities, electrical conduits,water pipes and
other items shown or identified that are to be integrated into the construction of the wall(s). Set all
stakes within the right of way.
00305.45 Pipes and Culverts-Stake pipes and culverts to fit field conditions.Their location may be
different from the plans. Perform the following:
• Determine the roadbed slope catch points at the inlet and outlet of pipes and culverts.
• Set reference point offsets to pipes and culverts. Set stakes at 10', 25', 50' and 100-foot intervals
from downstream end or structure. Record information necessary to determine structure length
and end treatments.
• Stake ditches or grade to make pipes and culverts functional.
• Complete a Culvert Data Sheet (Form 734-3247) according to Agency standards.
• Submit a copy of the field notes to the Engineer by the next working day following completion of
the staking work.
00305.47 Manholes and Inlets- Determine the location of manholes, inlets, siphon boxes, slope
protectors, and other similar structures.This may require an approved field adjustment to the planned
location in order to avoid obstacles or assure placement at the low point. Determine the elevation of the
center of the grate.
Set a stake referencing the center of the structure. Set a guard stake with the following information
written on it:
• Type of structure
• Centerline station
• Centerline offset
• Reference distance
• Cut or fill to top of structure
• Cut to each pipe connection
• Stake elevation and point number on back side of grade stake
Establish a reference line to control the alignment of the structure. Record data on the Culvert Data
Sheet(Form 734-3247) containing staking information for the outlet pipe from the specific drainage
structure.
Horizontal and Vertical Control
00305.49 Horizontal Control - Establish horizontal control stations using Theodolite/EDM network or
static GPS techniques. Least squares adjustments shall be applied to either method. The use of
traverses will be permitted only if approved by the Engineer.
Preserve all Agency provided and Contractor established horizontal control stations for the life of the
Project. If the horizontal control network cannot be preserved in its original position during
construction or if the Agency provided control stations are not of adequate quantity or location,
establish a secondary horizontal control network using the original control as a basis. This secondary
EAST TIGARD SEWER IMPROVEMENT PROJECT SP33 of 44
control network may then be used by the Contractor to layout all construction items and may be used
by the Agency for right-of-way monumentation and for other purposes.
00305.50 Vertical Control- Establish vertical control stations using differential leveling and third order
or better equipment and techniques. The development of vertical control by techniques other than
differential leveling must be approved by the Engineer. A least squares adjustment shall be applied to
each network of acceptable level circuits.
The Agency provided and Contractor established vertical control stations shall be preserved for the life
of the Project. If the vertical control network cannot be preserved in its original position during
construction or if the Agency provided control stations are not of adequate quantity or location,
establish a secondary vertical control network using the original control as a basis. This secondary
control network would then be used to layout all construction items and may be used by the Agency for
other purposes.
Maintenance and Monumentation
00305.70 Temporary Protection and Direction of Traffic—Provide work zone signing according to
ODOT's "Oregon Temporary Traffic Control Handbook for Operations of 3 Days or Less".
Provide temporary roll-up signs and sign supports meeting the requirements of the Oregon Standard
Specifications for Construction, subsection 00225.11. Provide flaggers and flagger equipment meeting
the requirements of the Oregon Standard Specifications for Construction, Section 00225.
00305.71 Preservation of Survey Markers:
(a) Project Control Points Established by the Engineer- Maintain, relocate or replace existing survey
monuments, control points, and stakes, as determined by the Engineer. Perform the work to
produce the same level of accuracy as the original monument(s) in a timely manner, and at no
additional cost to the Owner.
(b) Monuments of Record- Preserve survey monuments according to 00170.82(c), and ORS 209.140
and ORS 209.150. If such monuments are to be disturbed or destroyed, comply with requirements of
these ORS at no additional cost to the Owner.
00305.72 Project Monumentation -The Contractor will not be responsible for performing right-of-way
Monumentation.
Measurement
00305.80 Measurement- No measurement of quantities will be made for construction survey work.
Payment
00305.90 Payment-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.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP34 of 44
No separate or additional payment will be made for all 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.
Progress payments will not be in excess of the reasonable value of the surveying work estimated by the
Engineer.
Costs incurred as a result of survey errors will be borne by the Contractor. Such costs include price
adjustments for failure to meet requirements of the construction specifications, repair or removal and
replacement of deficient product, and over-run of material.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP35 of 44
Section 00310—Removal of Structures and Obstructions
Comply with Section 00310 of the Standard Specifications modified as follows:
00310.44 Earthwork in Connection with Removal—Replace the second paragraph with the following:
Backfill holes according to 00330.45. No separate or additional payment will be made for this work.
Backfill of existing manhole cones shall be of suitable excess trench spoils.
Section 00320—Clearing and Grubbing
Comply with Section 00320 of the Standard Specifications modified as follows:
00320.10 Materials—Contractor shall submit on the materials to be used to comply with the associated
permits.This includes but is not limited to the mentioned Roundup or Rodeo herbicide.
00320.90 Payment—No separate or additional payment will be made for complying with permit
requirements for clearing and grubbing to include but not limited to herbicide.
Section 00405—Trench Excavation, Bedding, and Backfill
Comply with Section 00405 of the Standard Specifications modified as follows:
Add the following subsection:
00405.16 Clay Plug—The treated clay material shall be submitted on for approval and shall include
Benton ite/MontmoriI Ion ite or approved equal.
00405.43 Dewatering—Delete the last paragraph and add the following to the beginning of this
subsection:
The site soils are not conducive to wellpoint dewatering unless the wells are very tightly spaced.The
contractor shall develop a dewatering plan based on review of the geotechnical report,and/or onsite
well tests. Excavation will likely require continuous shoring, such as excavate and push (aka Slide Rail
shoring) or equivalent. The dewatering and excavation plan should be submitted to the owner and
engineers prior to start of construction.
Contractor shall submit for approval their proposed dewatering plan. All water removed from
excavation areas must be treated and disposed of in accordance with Section 00294.
00405.44 Trench Foundation—Add the following:
Trench foundation is not allowed under Clay Plugs.
Add the following subsection:
00405.49 Clay Plug—Construction shall comply with the standard detail and CWS specification
7.02.3.b.7. Construction shall be completed prior to any video, deflection or pressure testing.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP36 of 44
Add the following subsection:
00405.83 Clay Plug—The quantities of constructing a clay plug will be measured on an each unit basis.
Add the following subsection:
00405.84 Dewatering—Measurement for all project dewatering shall be on a lump sum basis to include
all labor, equipment, and materials necessary to comply with dewatering management. Contractor shall
submit for approval their proposed dewatering plan. Reference the groundwater elevations listed in
subsection 00120.25 and the geotechnical report provided. Payment for treatment and additional
handling and disposal requirements within the contaminated soil management area shown on sheets
ENV1—ENV4, shall be per Section 00294.
00405.90 Payment—Add the following bid items:
(d) Creek Crossing and Restoration ..................................Each
(e) Clay Plug ......................................................................Each
Add the following after the sentence that starts with, "Item (c) includes..."
Item (d) shall be on an each basis to include all labor and materials necessary to construct a creek
crossing and final creek crossing restoration.
Item (e) shall be on an each basis to include all labor and materials necessary to construct a clay plug.
Each measurement of unit will include but not be limited to all earthwork,excavation, equipment,
bentonite material, backfill, submittals, and disposal of excess materials created from the operation.
Delete all references regarding additional imported topsoil to be paid according to 01040.90.
Delete the bullet"dewatering" as a non-additional expense and add the following:
No separate or additional payment for Dewatering will be included in this section. The contractor shall
include all costs for labor, equipment and materials necessary to comply with dewatering management
in Section 00294.
Section 00415—Video Inspection
Comply with Section 00415 of the Standard Specifications modified as follows:
00415.80 Measurement—Delete this subsection's references to length basis with the following:
No measurement of quantities will be made for work performed under this Section.
00415.90 Payment—Replace this subsection, except for the subsection number and title,with the
following:
Video inspection will be paid for at the Contract lump sum amount for the item "Video Inspection".
Payment will be include all labor, equipment and materials necessary to conduct the video inspections
and provide approved video and written reports for each sewer line segment installed. Recordings and
reports shall be received, reviewed and approved prior to payment being issued.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP37 of 44
Section 00445—Sanitary, Storm, Culvert, Siphon, and Irrigation Pipe
Comply with Section 00445 of the Standard Specifications modified as follows:
00445.11(e)Tracer Wire- Replace the sentence that begins "Use 12 gauge stranded..."with the
following sentence:
Use 12 gauge stranded or solid copper insulated high molecular weight polyethylene (HMW PE)tracer
wire or 12 guage copper clad steel reinforced insulated HMW PE tracer wire.
Section 00490—Work on Existing Sewers and Structures
Comply with Section 00490 of the Standard Specifications modified as follows:
00490.80 Measurement—Add the following:
Reconnecting existing service lines shall be measured on an each basis.
490.90 Payment—Add the following:
(i) Reconnect Existing Service Lines.................................Each
Item (i) shall be payment in full for connecting to existing service lines for furnishing and placing all
materials, and for furnishing all equipment, labor, and incidentals necessary to complete the work of
connecting to existing service lines and installing a cleanout to finished grade. Payment shall include but
not limited to all materials and labor for pothole locating the existing lateral line prior to excavating and
reconnecting existing lateral,fernco or similar approved material couplers, fittings, piping, cleanout,
frame and cover, backfill,frame concrete collar, testing, and any additional items are to be considered
incidental.
Section 00495—Trench Resurfacing
Comply with Section 00495 of the Standard Specifications modified as follows:
00495.80 Measurement—Delete this subsection and replace with the following:
The quantities of trench resurfacing will be measured on the area basis. The length will be measured
horizontally along the centerline of the installed pipe a distance not to exceed of 7' wide along the
mainline and any lateral when in asphalt and 20'wide when in concrete. Contractor is responsible to
protect the trench edge from damage during construction. No additional measurements will be made
around manhole construction or for any other trench resurfacing material other than asphalt and
concrete as this is considered incidental.
00495.90 Payment—Add the following:
Payment shall be only for asphalt and concrete as any other trench resurfacing material is considered
incidental.This is a fixed pay width item and additional payment will be made beyond the pay width as
described in 00495.80.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP38 of 44
Section 00851—Pavement Marking Removal
Comply with Section 00851 of the Standard Specifications.
00851.40 General—In the paragraph that begins "Remove durable and non-durable...", delete the
sentence that begins "Remove durable markings by steel...".
Section 00860— Longitudinal Pavement Marking- Paint
Comply with Section 00860 of the Standard Specifications modified as follows:
00860.45 Installation- Replace this subsection, except for the subsection number and title,with the
following:
Apply painted longitudinal pavement markings as follows:
• Apply one application at thickness of 15 mils wet, equivalent to 17 gallons per mile for a 4 inch
wide solid stripe.
• Apply reflective elements at a minimum rate of 5 pounds per gallon of paint. Embed by means
of wicking, a minimum of 80 percent of the reflective elements in the paint to a minimum depth
of 50 percent of their diameter.
Minimum initial retroreflectivity shall be:
• White-250 mcd/m2/Ix
• Yellow-200 mcd/m2/Ix
Section 01030- Seeding
Comply with Section 01030 of the Standard Specifications modified as follows:
01030.13(f)Types of Seed Mixes—Add the following to the end of this subsection:
Native Plant Seeding shall be "ProTime 404 Native Upland Mix with Color" or approved equal as
indicated on the plans.
01030.80 Measurement—Remove this subsection and add the following:
The quantities of seeding and associated work performed under this Section will be measured on a lump
sum basis.
01030.90 Payment—Add the following:
(n) Seeding........................................................................Lump Sum
Item (n) shall include but is not limited to placement of seed in all disturbed areas outside of designated
permit areas that are disturbed and exposed to native soil. Seeding shall be established prior to the
specified establishment period or additional measures shall be included. Payment shall include a 1 year
vegetation establishment period.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP39 of 44
Payment shall include but is not limited to mobilizations, soil preparation, fertilizing, mulching, applying
tacking agent,temporary seeding, permanent seeding, and placement of seed in all disturbed areas
outside of the designated permit areas.
Section 01040- Planting
Comply with Section 01040 of the Standard Specifications modified as follows:
01040.19(1)—Add the following:
Contractor shall plant the required vegetation per the areas designated on the plans and in the
applicable permits.These areas are as follows in the schedule below;
Vegetated Impact Area 1 Planting Plan (190 sf)
Scientific Name Common Name Type Spacing Number
Mahonia aquifolium Tall Oregon grape Shrub 4' 8
Rosa gymnocarpa Baldhip rose Shrub 4' 4
Ribes sanquineum Red flowering currant Shrub 4' 3
Bromus carinatus California brome Grass 15 lbs 20%
Elymus glaucus Blue wildrye Grass pls 80%
Vegetated Impact Area 2 Planting Plan (583 sf)
Scientific Name Common Name Type Spacing Number
Mahonia aquifolium Tall Oregon grape Shrub 4' 13
Symphoricarpos albus Snowberry Shrub 4' 10
Rosa gymnocarpa Baldhip rose Shrub 4' 13
Ribes sanquineum Red flowering currant Shrub 4' 10
Bromus carinatus California brome Grass 15 lbs 20%
Elymus glaucus Blue wildrye Grass PIs 80%
Vegetated Impact Area 3 Planting Plan (1,347 sf)
Scientific Name Common Name Type Spacing Number
Mahonia aquifolium Tall Oregon grape Shrub 4' 30
Symphoricarpos albus Snowberry Shrub 4' 20
Rosa gymnocarpa Baldhip rose Shrub 4' 35
Ribes sanquineum Red flowering currant Shrub 4' 23
Bromus carinatus California brome Grass 15 lbs 20%
Elymus glaucus Blue wildrye Grass pls 80%
EAST TIGARD SEWER IMPROVEMENT PROJECT SP40 of 44
Vegetated Impact Area 4 Planting Plan (17,668 sf)
Scientific Name Common Name Type Spacing Number
Salix sitchensis Sitka willow Shrub 5' 200
Mahonia aquifolium Tall Oregon grape Shrub 4' 350
Symphoricarpos albus Snowberry Shrub 4' 250
Rosa gymnocarpa Baldhip rose Shrub 4' 350
Ribes sanquineum Red flowering currant Shrub 4' 263
Bromus carinatus California brome Grass 15 lbs 20%
Elymus glaucus Blue wildrye Grass PIs 80%
Vegetated Impact Area 5 Planting Plan (943 sf)
Scientific Name Common Name Type Spacing Number
Mahonia aquifolium Tall Oregon grape Shrub 4' 25
Symphoricarpos olbus Snowberry Shrub 4' 10
Rosa gymnocarpa Baldhip rose Shrub 4' 25
Ribes sanquineum Red flowering currant Shrub 4' 15
Bromus carinatus California brome Grass 15 lbs 20%
Elymus glaucus Blue wildrye Grass PIS 80%
Vegetated Impact Area 6 Planting Plan (941 sf)
Scientific Name Common Name Type Spacing Number
Mahonia aquifolium Tall Oregon grape Shrub 4' 25
Symphoricarpos albus Snowberry Shrub 4' 10
Rosa gymnocarpa Baldhip rose Shrub 4' 25
Ribes sanquineum Red flowering currant Shrub 4' 15
Bromus carinatus California brome Grass 15 lbs 20%
Elymus glaucus Blue wildrye Grass PIS 80%
EAST TIGARD SEWER IMPROVEMENT PROJECT SP41 of 44
Wetland Impact Area A Planting Plan (959 sf)
Scientific Name Common Name Type Spacing Number
Salix sitchensis Sitka willow Shrub 5' 4
Spiraea douglasii Douglas spirea Shrub 4' 8
Rosa pisocarpa Small fruited rose Shrub 4' 8
Carex obnupta Slough sedge Forb 12" 166
Juncus effusus Soft rush Forb 12" 166
Glyceria elata Tall manna grass Grass 10%
Leersia oryzoides Rice cut grass Grass 15 lbs 20%
Agrostis exarata Spike bentgrass Grass pls/acre 10%
Deschampsia cespitosa Tufted hairgrass Grass 60%
Wetland Impact Area B Planting Plan (5,941 sf)
Scientific Name Common Name Type Spacing Number
Salix sitchensis Sitka willow Shrub 5' 100
Cornus stolonifera Red osier dogwood Shrub 5' 50
Spiraea douglasii Douglas spirea Shrub 4' 188
Rosa pisocarpa Small fruited rose Shrub 4' 138
Carex obnupta Slough sedge Forb 12" 2,733
Juncus effusus Soft rush Forb 12" 2,733
Glyceria elota Tall manna grass Grass 10%
Leersia oryzoides Rice cut grass Grass 15 lbs 20%
Agrostis exarata Spike bentgrass Grass pls/acre 10%
Deschampsia cespitosa Tufted hairgrass Grass 60%
Wetland Impact Area C Planting Plan (5,214 sf)
Scientific Name Common Name Type Spacing Number
Salix sitchensis Sitka willow Shrub 5' 75
Cornus stolonifera Red osier dogwood Shrub 5' 35
Spiraea douglasii Douglas spirea Shrub 4' 125
Rosa pisocarpa Small fruited rose Shrub 4' 100
Carex obnupta Slough sedge Forb 12" 1,926
Juncus effusus Soft rush Forb 12" 1,926
Glyceria elato Tall manna grass Grass 10%
Leersia oryzoides Rice cut grass Grass 15 lbs 20%
Agrostis exarata Spike bentgrass Grass pls/acre 10%
Deschampsia cespitosa Tufted hairgrass Grass 60%
EAST TIGARD SEWER IMPROVEMENT PROJECT SP42 of 44
01040.79 Final inspection—Add the following at the end of the paragraph:
The contract requires that all workmanship, supplied materials, plants and seeded areas shall be
guaranteed, upon project acceptance for a period of one year. This shall include the 90%survival of all
installed plants including a maximum of 10%cover of target non-native plant species.
01040.80 Measurement—Delete all of the subsections and add the following:
(a) Planting(Wetland)—Measurement for this item shall be on a lump sum (LS) basis and represent full
payment for all labor and materials required to mitigate and restore all areas within the wetland
boundary.
(b) Planting(Vegetated Corridor)—Measurement for this item shall be on a lump sum (LS) basis and
represent full payment for all labor and materials required to mitigate and restore all areas within the
vegetated corridor boundary.
1040.90 Payment - Delete this subsection below the title and add the following:
(a) Planting (Wetland).......................................................Lump Sum
(b) Planting (Vegetated Corridor) .....................................Lump Sum
Item (a) shall be paid on a lump sum (LS) basis and represent full payment for all labor and materials
required to mitigate and restore all areas within the wetland boundary. Payment shall include but is not
limited to site preparation, imported topsoil, soil testing, grading to salvage topsoil, grading for final
placement of 1 foot of topsoil in all areas,weed control, restoration of the creek crossings as shown in
the plans excluding that work which is part of bid item "Creek Crossing and Restoration", planting and
hydroseeding any disturbed areas as directed,temporary irrigation and watering required during the
establishment period and removal of temporary irrigation if so directed by Engineer.
Item (b) shall be on a lump sum (LS) basis and represent full payment for all labor and materials required
to mitigate and restore all areas within the vegetated corridor boundary. Payment shall include but is
not limited to site preparation, imported topsoil, soil testing, grading to salvage topsoil, grading for final
placement of 1 foot of topsoil in all areas,weed control, planting and hydroseeding any disturbed areas
as directed,temporary irrigation and watering required during the establishment period and removal of
temporary irrigation if so directed by Engineer.
Payment Schedule:
Partial payments for planting will be made as follows:
Percent
Timing Payment
At the time of the original planting 50%
After the first plant establishment inspection 10%
After the second plant establishment inspection 10%
After the third plant establishment inspection 10%
At completion of the establishment period 20%
Partial payments made throughout the establishment period will be made for all surviving and replaced
plants.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP43 of 44
Upon completion of the establishment period,full payment will be made for all surviving and replaced
plants, except for corrective work performed by others according to 01040.73. The Agency will pay the
Contract unit price only once for the specified quantity, whether or not plants are replaced.
If the Contractor requests partial payment for plant materials on hand, payment will be made according
to 00195.60.
No separate or additional payment will be made for:
• imported topsoil
• soil testing
• soil amendments
• lime,gypsum, or trace minerals
• soil bio-amendments
• fertilizer
• herbicides
• anti-transpirants
• game repellant
• browsing protectors
• pesticides
• trunk wraps
• tree stakes and ties
• temporary irrigation system
• water
• timed-released water
• pressure moisture stress sensors
• mulch materials required as part of replacement planting
• corrective work during the plant establishment period
Section 01050- Fences
Comply with Section 01050 of the Standard Specifications modified as follows:
1050.90(d) Removing and Rebuilding Fence—Replace this subsection after the title with the following:
Removing and rebuilding fence will be paid for at the Contract unit price, per foot,for the item
"Removing and Replacing Fence". This bid item includes all labor, equipment and any new materials
necessary to complete the rebuilding of the fence to as good as or better than its condition prior to
construction. No additional payment will be made for posts,fencing materials,gates,gate hardware or
any incidentals required complete the rebuilding of the fence.
EAST TIGARD SEWER IMPROVEMENT PROJECT SP44 of 44
ATTACHMENT M—POTSO DOG PARK IRRIGATION PLAN
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
341P iL, c
ATTACHMENT N—TRIMET RAIL"LICENSE AGREEMENT NO.2718
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
351Pas, e
ATTACHMENT P—USACE(CORPS)NATIONWIDE PERMIT NO.12,UTILITY LINE ACTIVITIES AND
DEPARTMENT OF STATE LANDS PERMIT No.59303-RF
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
36111 �i �� c
ATTACHMENT Q—CLEAN WATER SERVICES SERVICE PROVIDER LETTER FILE NUMBER 16-002734)
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
371Paoe
ATTACHMENT R-GEOTECHNICAL ENGINEERING REPORT
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
38111
ATTACHMENT S—SUBSURFACE INVESTIGATION
CITY OF TIGARD
EAST TIGARD SEWER IMPROVEMENTS
391PaL, e