Loading...
Columbia Pacific Construction, Inc ~ CP18013 City of Tigard CONTRACT CHANG-E ORDER/ 13125 S\XI HUH Blvd, i. Tigard,Otegoii'97223 AMENDMENT�SDNMARY >�hon�-X503) r��-4371 FIELD CHANGE ORDER FOM Fax-( '03:)684-7297 ori • Project Tide: Hunziker Core—SSU VIR11 St. Project 1llanager: Andrew Newbury Int rovements Contractor: Columbia Pacific Construction,Inc. Original Contract #:CP18013 Effective Dates: 2/14/18-12/31/18 Chane Order/Ainendment Amount: $78,982.06 Accounting Strin : 460-8000-56005-95047-140 Amendment Percentage Running Total: 11.0% AMENDMENT DETAMS _ Amendment#5 consists of the difference in installed quantities and quantities in the bid. The majority of the increase was due to additional flagging hours needed to direct business traffic. CHANGE ORDER DETAILS UN-T QTY UNIT$ TOTAL$ Original Contract Amount IS 1 $2,300,553.40 Contract Chane Order#1 (previously approved) L5 1 $27,544,00 $27,544.00 Contract Chane Order#2 reviousl T aroved LS 1 $57,093.60 $57,093,60 Contract Chane Order#3 (previously approved) IS 1 $38,854.90 $38,854.90 Contract Change Order#4 IS 1 $50,200.49 $50,200.49 Contract Change Order#5 LS 1 $78,982.06 $78,982.06 TOTAL CONTRACT $2,553,228.45 REMONIIV G FOR CHANGII 0RDER-/AMB?4DMENT See amendment details above. 'BUDGET IMPACT AND REQUIR-16D ACTIONS . EDA Grant and developer contribution to pay for change orders. REQUESTING'PRtOJE( I MANAGER A!A , „ CITY$'t'AFF Signatue Signature _ -,110/7 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 riles,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 f f zj encumbrances are met. Remember--the cumulative total of Amendments cannot exceed the pro'eces PY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT SW WALL STREET IMPROVEMENT PROJECT(CP18013) AMENDMENT#5 THIS CONTRACT, made and entered into this 12th day of February, 2018, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "Cite" and Columbia Pacific Construction,Inc.hereinafter called "Contractor",duly authorized to perform such services in Oregon. 3. Compensation A. City agrees to pay Contractor Two Mffien Four Hund eventy Fefix41ousandTwo Hiaadted Two Million Five Hundred Fifty Three Thousand Ttivo Hundred Twenty Eight and 45/100 Dollars ($2,553,228.45) for performance of those services provided herein. 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 COLUMBIA PACIFIC CONSTRUCTION,INC. L ?M Signature Signateue Printed Name Printed Name 1, -23 %2WC l�S�20/C/ Date Date City of Ttgard 92U.AMZI�Iia GONTRt�CT CH�1YE QRDER/ 13125 5t I Iall Blvd.: Tigat. Oregon.97223. A11E�TJMEN'I` SUM.M"RY Plwne (SM)639-4171 FEL1 C1ANGL 012R FaR11�I Fax (503)6847297 Project Title:Hunziker Core—SW Wall St. Project Maaagev Andrew Newbnt3, Improvements _ Contractor: Columbia Pacific Construction,Inc. Ori final Contract#:CPI 8013 Effective Dates:2/14/18-12/31/18 Chane Order/AniendmentAmount:$50,200.49 Acco=t Stein :460-8000-56005-95047-140 Amendment Percents a Itunnin Total:7.6% < AMEND14iI11VT DBTAIhS: Atnendment#4 includes the following: 1. Asphalt escalation. 2. Time and materials for extra stortnwater )lancer and wall work due to new gas lie location. 3. Additional quick con lers needed for irrigation sstem. 4. Debris removal due to illegal dum Citi at site. CWNGIQ ORDER DETAILS UNIT QTY UNIT$ 'TOTAL$ Ori incl Contract Amount LS 1 $2,300,553.40 Contract Change Order#1 neviottsl y approved) LS 1 $27,544.00 $27,544.00 Contract Chane Order#2 (previously approved) LS 1 $57,093.60 $57,093.60 Contract Change Order #3 (previously approved) LS 1 $38,854.90 $38,854.90 Contract Change Order#4 LS 1 $50,200.49 $50,200.49 TOTAL CONTRACT $2,474,246.39 R}3ASOI ING FQR CHANCx$01t4L0AMB NDMBNx" See amendment details. I1VIP�A,C'1~"A�D REQIJI1tED AsCTIQNS'." EDA Grant and developer contribution to pay for change orders. RBQUESTING PROJECT-hfI NAGBit AI'rR0 CITY S+AFF _ .�1�nAtltYC .: - . Sl AtlltC DSte .: IDstte. Contractor is hereby authorized by the City of Tigard to perform :7. 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 SignAfnTC. Additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the Q �� encwnbraruces are met. Remember -- the cumulative total of - Amendments cannot exceed the pcolect's FY bud et. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT SW WALL STREET IMPROVEMENT PROJECT (CP18013) AMENDMENT#4 THIS CONTRACT, made and entered into this 12th day of February, 2018, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Columbia Pacific Construction, Inc. hereinafter called "Contractor",duly authorized to perforin such services in Oregon, 3. Compensation A. City agrees to pay Contractor Two Million Few 4undred Twenty Few!Thousand Fft-ty Five itttd 90/W"elint-9 ($2,424,046.90) Two Million Four Hundred Seventy Hour Thousand Two Hundred Forty Six and 39/100 Dollars ($2,474,246.39) for performance of those services provided herein. 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 COLUMBIA PASAFIC CONSTRUCTION,INC. Signature Signature Printed Name Printed Name Date Date Columbia Pacific Construction (360) 225-6323 t r Fax: (360) 225-6869 975 Hansen Lane COR #014 Woodland, WA 98674 Asphalt Escalation, July SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunzlker City: Tigard OR 97223 Tigard OR State: Zip: City: State: ZIP: Phone: Fax Phone: Fax: 503-639-4171 503-684-7297 fDat7e:: Start Work Date: End work date: Contract No. Job No.: Page#: of Pages: 9/13/2018 95047 18101 1 1 Justification Please see the attached proposal, Asphalt escalation costs July, 2018 Item Description Unit Estimated Qtv Unit Price Total Price 1 Asphalt Escalation,July 2018 LS 1 $ 7,089.67 $ 7,089.67 subtotal: $ 7,089.67 17% Markup $ 1,205.24 Change Order Request Total $ 8,294.91 Exclusions: Notes: Change Order Total $8,294.91 Brandon Taylor 9/13/2018 Columbia Padfic Construction,Inc. Date 21880 S.W.FARMINGTON ROAD BEAVERTON,OREGON 97007-5470 PHONE(503)642-2531 FAX(503)642-2534 CCB#3838 BAKER ROCK R E 5 0 U R C E 5 EMAIL TRANSMISSION --Change Order#2 -- DATE: 9/13/2018 FROM: Griffin Peal TO: Columbia Pacific Construction ATTN.: Total Pages Transmitted(including this page): 1 This quote is valid for 15 days from the date of bid. RE: Wall Street Improvements, Tigard Per Wallis Engineering plan set,sheets C4, C20-C25,ALT1 &ALT2,dated 10/17 and Addenda 1-5,we will furnish and install the following items upon competent approved substrates by others: Item Description Quantity Unit Unit Price Total 900 Asphalt Escalation, July 2018. 1 LS $ 7,089.67 $ 7,089.67 NOTE : All notes and exclusions as part of existing contract to apply. Terms: (1) Net 30 days from invoice on approved credit. (2) Baker Rock Resources reserves all construction lien and bond claim rights until final payment is received. (3) Baker Rock Resources reserves the right to reject this contract/proposal If,in its sole discretion, it determines that the customer is not credit worthy. (4) This quote contingent on mutually acceptable schedule and contract terms. Dayton McMinnville Scappoose 503)864-2219 (503)472-2189 (503)543-7141 FAX(503)864-4587 FAX(503)434-5710 FAX(503)543-4001 i. Columbia Pacific Construction (360)225-6323 l Fax: (360)225-6869 175 Hansen Lane C011#016 Woodland,WA 98674 Sep.T&M SUBMITTED TO: PROJECT N-: Job ties: City of Tigard Attn.Andrew Newbury Wall Street Improvements Project Arisen: Ad-: 3125 SW Hall Blvd Wall Street and Humdker cb: are: rm: car. sm« Ax Tigard OR 97223 Tigard OR Ph- fee Ph- F- 503-09-4171 503-984.7297 r: wosoak -Rdsr: nhaa tbHa. No.: Parra: arvysr: a2elmta e122/mt5 sg4gola 95047 1 01 7 7 Justification T&M bra accumulated during Sept.See attachment for back up. item Oaaedetlon Unit Eaamoted cite Unit Prlee 1 Continuation of antra Well Dsnq around new gas Line(612N15)plrttdrdhaur•7ar4 195 Foreman,Kamran HWval HR 1.0 E 57.16 S 57.15 Operelore,Maury Hohxr,Wmmn Hedval HR 16.011 $ 58.15 $ 88.40 Leborere,Seen Flatten,Josh Primado HR 8.00 $ 47.88 S 383.04 Trude driver,Josh Pdmado HR 2.00 $ 48.00 $ 95.00 Credit for operator time HR 7.00 $ (56.15) $ (39305) Credit for Labor time HR 1.00 $ (47.88) It (47.88) subtotal: $ 993.66 labor total:022% $ 1,212.27 Eouloment(blue book) 8001 lb mlN exa+brsakw(RwAal)(See Attached) LS 0.0 $ - $ - (BtINd ,coaly] 2017KX 0571 mini ex+2 buckets HR 8.00 $ 30.00 $ 240.00 5 CY Dump truck HR 2.00 $ 36.55 $ 73.10 Credit for KX 0571 mini Ex. HR 7.00 $ (30.00) $ (210.00) sublotal: $ 103.10 Equip.tohl Q17% $ 120.63 2 On Conflict/Pollinating Q LIDA Planter (911012018) Labor Foremen,Kamran Hadvel HR 1.75 $ 57.15 $ 100.01 Operator,Kevin Chdetemen HR 3.75 $ 56.15 $ 210.56 Laborer,Seen Flahaug HR 3.75 $ 47.88 $ 179.55 subtotal: S 490.13 labor total:@22% $ WAS Eaulomant 2017KX 0671 min!a+2 budwts HR 3.8 S 30.00 S 112.50 subtotal: $ 1,200.58 Equip.total 017% $ 1A04,68 3 Remove Chlorination port(S/20/20TS) Foreman,Kamm Hedvat NR 20 $ 67.15 S 114.30 Operator,Maury ebarer NR 2.0 $ 55.151 S 112.30 Leborers,Bean Fbheug,Timothy Primsdo NR 4.0 $ 47.88 $ 191.52 subtotal: $ 418.12 labor total:®22 $ 510.11 EgWomeet KX 010 mInl ex HR 2.0 $ 30.00 $ 60.00 subtotal: S 1,179.75 Equip.total®17% $ 7,380.30 4 Tata) It 5,725.93 Change Order Request Total S 5 226.93 E clvsao: Nm 2 additional days of work requeted on end of eantraaL For lost time. Change0rder ToW $5,225.93 Brendon Taylor 9/20/2018 t -cur MO coWn,� oat i i Columbia Pacific Construction (360) 225-6323 �;: " Fax: (360) 225-6869 175 Hansen Lane COR #016 Woodland, WA 98674 Asphalt Escalation, Sept. SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Atin. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker Cily: Tigard OR 97223 Tigard OR State: Zip: City: State: 7j Tigard Phone: Fax Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Paste#: of Pages: 10/25/2018 917/2018 9/18/2018 95047 18101 1 1 Justification Please see the attached proposal,Asphalt escalation costs Sept, 7th, 8th, 18th, 2018.Total for Sept. 1,653.89 TN Item Description Unit Estimated atv Unit Price Total Price 1 Asphalt Escalation, Sept. 2018 LS 1 $ 16,288.67 $ 16,288.67 1,653.89 TN subtotal: $ 16,288.67 17%Markup $ 2,769.07 Change Order Request Total $ 19,057.74 Exclusions: Notes: Change Order Total $19,057.74 Brandon Taylor 10/25/2018 Columbia Pacific Construction,Inc. Date Pave Date Asphalt Asphalt Total Liquid Base Sept. Difference Escalation Installed Content (Ton) Poten Poten (less 5%) Amount (Ton) (Ton) 9/7/2018 299.84 6.2% 18.6 $363.00 $540.00 $158.85 $2,953.03 9/8/2018 1 763.38 1 6.2% 1 47.3 $363.00 $540.00 1 $158.85 1 $7,518.30 9/18/2018 1 590.67 6.2% 36.6 $363.00 $540.00 1 $158.85 $5,817.33 21880 S.W.FARMINGTON ROAD BEAVERTON,OREGON 97007-5470 PHONE(503)642-2531 FAX(503)642-2534 CCB#3838 BAKER ROCU+;. R E 5 0 U R C E S EMAIL TRANSMISSION --Change Order#3 -- DATE: 10/24/2018 FROM: Griffin Peal TO: Columbia Pacific Construction ATTN.: Total Pages Transmitted(including this page): 1 This quote is valid for 15 days from the date of bid. RE: Wall Street Improvements, Tigard Per Wallis Engineering plan set,sheets C4, C20-C25,ALT1 &ALT2,dated 10117 and Addenda 1-5,we will furnish and install the following items upon competent approved substrates by others: Item Description Quantity Unit Unit Price Total 800 Asphalt Escalation, September 2018. 1 LS $ 16,288.67 $ 16,288.67 NOTE : All notes and exclusions as part of existing contract to apply. Terms: (1) Net 30 days from invoice on approved credit. (2) Baker Rock Resources reserves all construction lien and bond claim rights until final payment is received. (3) Baker Rock Resources reserves the right to reject this contract/proposal If,in its sole discretion, it determines that the customer is not credit worthy. (4) This quote contingent on mutually acceptable schedule and contract terms. Dayton McMinnville Scappoose 503)864-2219 (503)472-2189 (503)543-7141 FAX(503)864-4587 FAX(503)434-5710 FAX(503)543-4001 f Columbia Pacific Construction (360) 225-6323 Fax. (360) 225-6869 175 Hansen Lane C011 #017 Woodland, WA 98674 Added irrig.Quick Couplers SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard OR 97223 Tigard OR State: Zip: City: State: Zip: Phone: Fax: Phone: Fax: 603-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Page#: of Pages: 11/2/2018 91, 18101 1 1 Justification Please see the attached proposal, Cost to install 6 Additional quick couplers in the irrigation system. Item Description Unit Estimated Qtv Unit Price Total Price 1 Additional Quick oouplers in Irrigation LS 1 $ 1,512.00 $ 1,512.00 6 Total subtotal: $ 1,512.00 17%Markup $ 257.04 Change Order Request Total $ 1,769.04 Exclusions: Notes: Change Order Total $1,769.04 Brandon Taylor 11/2/2018 Columbia Pacific Construction,Inc. Date Enhancement Proposal -7.1 _ - I Cuatomet .•� '• Ptgpl Address ' Columbia Pacific Construction Wall Street Project-Tigard + CRYSTALGMMS Tigard,Or LANDSCAPE I N 3. Work Description: Change Order: Labor-and materials to install(6)additional quick couplers in irrigation $1,512.00 system. . TOTAL $ .1,512 11/2/2018 Authorized Customer Signature Date Crystal Greens Representative Date crystal Greens LarWa ape,Inc. Is loensed wllr Bre State Landscape Contrachm acartl,which is 1008W at 2111 Front SL NE,SUB.2.101,Salem OR,87301,P203.378.15008; Acceptance of Proposal—I have read and understand the proposal oufilned above:the prices,specifications,and conditions for the work proposed are satisfactory,and I accept the proposal.I understand that my payment Is due upon completion of the project unless other terms are agreed to as outlined above.In case of non payment of sums owed,I promise to pay any expense Incurred in collection of delinquent amounts,including costs,expenses and reasonable attorney fees in any a ppeal.A late charge of 1.6%per month will be charged on past due amounts.Customer agrees to pay all collection fees if referred for collection and all atiomeys'fees in the event of Legal Action.No warranty is included unless stated in bid. The quoted price in the proposal will be valid for 60 days from the date above. Record Manager: Phone(503)742 0101.it fax AS44)742.1)242� ►fir Irxy-W,-eenst andscape:com P.O.Box 568 Clackan*,Oft 57U151 Oti 0::710,WA CCBW#:..CFtYSTGL97BlV1M a Columbia Pacific Construction (360)225-6323 i J Fax. (360)225-6869 975 Hansen Lane COR#018 Woodland, WA 98674 Pallet debris haul off SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Addraae. 3125 SW Hall Blvd Addrew Wall Street and Hunziker Clpr: state: Zip: CKT. State: ZIP: Tigard OR 97223 Tigard OR Pima: Fez: Phone: Fez: 503-6394171 503-84-7297 pate: Start Work Date: End work date: Contract No. ob No.: Pape k: of Papee: 11!12@018 9W2018 8!24!2018 96 047.0 18101 1 Pa; Justification Wood and pallet Debris near Agilyx gate loaded and hauled off to hillsboro landfill Item Description Estimated Unit Prim Total Price 1 Debris Haul off Labor Operator,Jesse Lahti HR 1.0 $ 56.15 $ 56.15 Laborer,Joshua Primacio HR 1.0 $ 47.88 $ 47.88 Truck Driver HR 3.0 $ 48.00 $ 144.00 subtotal: $ 248.03 labor total:@22% $ 302.60 Equipment (blue book). 2017KX 0574 minl ex+2 buckets HR 1.0 $ 30.00 $ 30.00 12cy dump truck HR 3.0 $ 88.82 $ 266.46 subtotal: $ 296.46 Equip.total @17% $ 346.86 Materials Dump fee at Hillsboro Landfill,2 Loads.(see LS 1.00 $ 241.760 $ 241.78 dump tickets) subtotal: $ 241.78 Material total 017% $ 282.88 Total $ 932.34 Change Order Request Total $ 932.34 Exclusions: Notes: Change Order Total $932.34 Brandon Taylor 11112/2018 Columbia Paclpc Construction,Inc. Date INVOICE Payelof� Customer ID: 20- 71696-03008 Customer Name: COLUMBIA PACIFIC CONSTRUCTION INC Service Period: SEPTEMBER 2018 r a 3 Invoice Date: 10/01/2018 Invoice Number: 0047927-1516-3 Your Payment Is Due Your.Total Due Visit wmxom 10/30/2018 $241 .78 Tosetupyn aftpmft,,s nupforpaperless j%\01 I LJ\a— (e statements,marvaj9yaura=uM viewh fftschedde% payyourirnnieeorsct�eduleapida�p (5-66nIf fu1 payment of the irn+oiced a=*is not received /�J . within your contractual temis you may be dmjed a �! (6 rr1n 1 m n'° ei chwT of$5,or such late charge Customer Service: a ulaw 1acwtm. See Reverse for important Messages (503)372-1020 Previ■ 1 ■ e 0.00 + 0.00 + 0.00 7247191. 241.78 Details for Service Location: Customer ID: 20-71696-03008 Columbia Pacific Construction Inc,175 Hansen Ln,Woodland WA 98674-9668 . . Descrtptfon_ ``.: : :;Date :. .Ticket Qu4ntllY.:'°:',`• : .p. o•• ;: '•:Rate: :• Amount._ .. . • Measure VeNclea:1223-solo 09/24/18 1599908 0.00 Poa:wall street 0.00 Wood by the ton 1.51 TON 70.25 106.08 Standard environmental fee-small(transfer stati 1.00 LOD 12.00 12.00 Ticket Total 118.08 Vehicles:1223-solo 09/24/18 1600033 0.00 Poa:wall street 0.00 Wood by the ton 1.59 TON 70.25 111.70 Standard environmental fee-small(transfer stat! 1.00 LOD 12.00 12.00 Ticket Total 123.70 Total Current Charges _ 241.78 ---------------------------------Aleasadelsohandsendthelowerportlonwithpayment ---(no cash orsloples)-------- Invoice Date Invoice Numiser Customer ID . WASTeNIAaaoeMenn 10/01/2018 0047927-1516-3 20-71696-03008 TUALATIN VALLEY WASTE RECOVERY PoBOX 42150 Payment Terms Total Due Amount: PHOENKAZ 85080 Total Due by 10/30/2018 $241.78 (503)372-1020 (503)372-1022 1516000207l69603008000479270000002417800000024178 4 W93965 01 A0 0.405 "AUTO T2 0 7275 98674-966875-C01-P9405541 1139IL77 1111111111111111111111111111111111111 IIIH,III I l 11111111111111111 11111111111111111111111111111111111111i1111111111oil 1111111111111 TUALATIN VALLEY WASTE RECOVERY COLUMBIA PACIFIC CONSTRUCTION INC PO BOX 541065 175 HANSEN LNu LOS ANGELES CA 90054-1065 WOODLAND WASS674.9668 0, YF THINK GREEN® ►ecyetrdpaper. N r O L L a) 0 0 O i Z L 2 +r N Orr L. O Or C O J Q L Fcr W U) F'c co 0 N r c � .O t0 CL O C C � w a; C ■L O N m ca O � � '~ O O L 0 m �+ ■ _ 'a L �• to O O O O Y O c 4-0 _ rn to LO 9 V , d N a) E : W co W 0 a o c ,ncc CIn D CL : c Oa IL coCc a m � w. o NC S a N d 0) .� N 00 O L � � EY E r e N O Q'Co w L a) U) M Lo Co o CM G 0 0 Z 2 � -1rnw Ian Columbia Pacific Construction (360) 225-6323 Fax: (360) 225-6869 175 Hansen Lane COR #019 Woodland, WA 98674 Asphalt Escalation, Oct. SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard State: OR ZIP: 97223 City: Tigard State: OR Zlp; Phone: Fax: Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Pape#: of Papes: 11!21/2018 10!3!2018 10/4/2018 95047 18101 1 1 Justification Please see the attached proposal,Asphalt escalation costs Oct 3rd, 4th, 2018. Total for Oct. 994.29 TN Item Description Unit Estimated Unit Price Total Price 1 Asphalt Escalation,Sept.2018 LS 1 $ 9,484.23 $ 9,484.23 994.29 TN subtotal: $ 9,484.23 17%Markup $ 1,612.32 Change Order Request Total $ 11,096.55 Exclusions: Notes: Change Order Total $11,096.55 Brandon Taylor 11/21/2018 Columbia Pacific Construction,Inc. Date 21880 S.W.FARMINGTON ROAD BEAVERTON,OREGON 97007-5470 PHONE(503)642-2531 FAX(503)642-2534 CCB#3838 BAKER ROCK R E 5 0 U R C E S EMAIL TRANSMISSION --Change Order#4-- DATE: 11/21/2018 FROM: Griffin Peal TO: Columbia Pacific Construction ATTN.: Total Pages Transmitted(including this page): 1 This quote is valid for 15 days from the date of bid. RE: Wall Street Improvements, Tigard Per Wallis Engineering plan set,sheets C4, C20-C25,ALT1 &ALT2,dated 10/17 and Addenda 1-5,we will furnish and install the following items upon competent approved substrates by others: Item Description Quantity Unit Unit Price Total 900 Asphalt Escalation, October 2018. 1 LS $ 9,484.23 $ 9,484.23 NOTE : All notes and exclusions as part of existing contract to apply. Terms: (1) Net 30 days from invoice on approved credit. (2) Baker Rock Resources reserves all construction lien and bond claim rights until final payment is received. (3) Baker Rock Resources reserves the right to reject this contract/proposal if,in its sole discretion, it determines that the customer Is not credit worthy. (4) This quote contingent on mutually acceptable schedule and contract terms. Dayton McMinnville Scappoose 503)864-2219 (503)472-2189 (503)543-7141 FAX(503)864-4587 FAX(503)434-5710 FAX(503)543-4001 Columbia Pacific Construction (360) 225-6323 Fax: (360) 225-6869 175 Hansen Lane GOR #020 Woodland, WA 98674 Asphalt Escalation, Nov. SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City. Tigard OR 97223 Tigard OR Stets: Zip: City: State: Zip: Phone: Fax: Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Page#: of Pages: 12/10/2018 1 1013/2018 10/4/2018 95047 18101 1 1 Justification Please see the attached proposal,Asphalt escalation costs for Nov. 9th, 12th, 2018. Total for Nov.402.87 TN Item Description Unit Estimated Qty Unit Price Total Price 1 Asphalt Escalation, Nov. 2018 LS 1 $ 3,268.36 $ 3,268.36 402.87 Tn subtotal: $ 3,268.36 17% Markup $ 555.62 Change Order Request Total $ 3,823.98 Exclusions: Notes: Change Order Total $3,823.98 Brandon Taylor 12/10/2018 Columbia Pacific Construction,Inc. Date 21880 S.W.FARMINGTON ROAD t BEAVERTON,OREGON 97007-5470 PHONE(503)642-2531 FAX(503)642-2534 CCB#3838 BAKER ROCK R E S O U R C E S EMAIL TRANSMISSION --Change Order#5 - - DATE: 12/5/2018 FROM: Griffin Peal TO: Columbia Pacific Construction ATTN.: Total Pages Transmitted(including this page): 1 This quote is valid for 15 days from the date of bid. RE: Wall Street Improvements, Tigard Per Wallis Engineering plan set,sheets C4, C20-C25,ALT1 &ALT2,dated 10/17 and Addenda 1-5,we will furnish and install the following items upon competent approved substrates by others: Item Description Quantity Unit Unit Price Total 900 Asphalt Escalation, November 2018. 1 LS $ 3,268.36 $ 3,268.36 NOTE : All notes and exclusions as part of existing contract to apply. Terms: (1) Net 30 days from invoice on approved credit. (2) Baker Rock Resources reserves all construction lien and bond clalm rights until final payment is received. (3) Baker Rock Resources reserves the right to reject this contractiproposal If,in its sole discretion, it determines that the customer is not credit worthy. (4) This quote contingent on mutually acceptable schedule and contract terms. Dayton McMinnville Scappoose 503)864-2219 (503)472-2189 (503)543-7141 FAX(503)864-4587 FAX(503)434-5710 FAX(503)543-4001 Pave Asphalt Asphalt Total Base November Difference Escalation Date Installed Content Liquid Poten Poten (Ton) (less 5%) Amount (Ton) (Ton) 11/09/18 187.14 6.2% 11.60 $363.00 $512.00 $130.85 $1,518.21 11/12/18 1 215.73 1 6.2% 1 13.38 1 $363.00 1 $512.00 1 $130.85 1 $1,750.15 i City of Tigard CONTRACT CHANGE ORDER/ 13125 SWI-la" RNA. AMENDMENT' SUMMARY Tigard,Oregon 97223 Phone-(503) 639-4171 FIELD CHANGE ORDER FORM Fax-(503) 684-7297 Proiect. Tide: Hunziker Core-SW Wan St. Project Manager: Andrew Newbury Improvetnent's.. ('olltractor: Columbia Pacific Construction, Inc. 0 . al Contract#: CP18013 Eff-ecfire Dates: 2/14/18-12/31/18 Cha2ge Order/Amendment Amount: S38,854.90 Accoulitin Suing: 460-8000-56005-95047-140 !nt Percents Runninjz Total: 1.6% Aniendment#3 includes the following: AMENDMENT DETAILS 1. Portland&Western Railroad flakgitig. Asphalt pre-level needed due to soft sub(gn-ade. CTB sections with rock section to allow business access. At. 'I clue and materials to elace catch basin and retnove Nvall due to 5. "I em orae stripina in Fluivik-er. udhtv line conflicts. CHANGF, ORDER DETAILS UNIT QTY U 41$ TOTAL$ 1061_;incl Contract Amount LS 1 52,300,553.40 cl —.ontract("I'liatigc Or(jer #I (previously ap2roved) LS 1 527,544.00 $27,544.00 G) e Girder #2 (pre,.iously appro-ved) is 1 Si7,093-60 $57,093.60 .771trac, Change Order rY3 LS 1 538,854.90 538,854.90 TO IAL CONTRACT 52;424,045.90 REASONING FOR CHANGE ORDER/AMENDMENT Sec ainen dment details. BUDGET IMPACT'AND REQUIRED ACTIONS F-5—.\ cram and develol2er contribution to pav for change orders. REQUESTING PROJECT MANAGER -A"k(WMG CITY STAFF Signatu&6 I ---T-T attire "'Ure Date Date is hereby authorized by the City of Tigard to perform I Z CONTRACTOR the additional worl.described below in accordance with the terms and conditions detailed in the original coriti-Act along oath all applicable rules,reg ulatiow,and law.4 that may be in effect for the ............ vvS work The wilt priciti,� in the original contract Shall apply to all ature additional wt-,)rk. A cope of this form, once completed, is to be forwarded to the. Purchasing Office to ensure all changes to the /C-///, encumbrances are nitt. Remember- the cumulative total of by Amendments cannot exceed the groject's FY bud Wt. Date lam'v CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT SW WALL STREET IMPROVEMENT PROJECT(CP18013) AMENDMENT #3 THIS CONTRACT, made and ciitered into this 12th day of Februaty, 2018, bt- and between the Citi' of Tigard, a municipal corporation Of the Scats. of Oregon, hereinafter .called "Clam" and Columbia Pacific Construction, Inc. hereinafter called "Con dulc authorized to perform such sers ces sn Oregon. 3. Compensati= A. City-agrees to pati Contractor two Million 1,,,trr lltrndrQd Fvv enr 'l 110LIN rnd l Coro l-i�e 11111 90 100 1)(41ar z IS2,4) ,i W5,0► for performance of those services provided hercin. IN WFINESS WHEREOI., Citic- has caused this Amendment to be executed by- its duly authorized �indersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD COLUMBIA P IFIL CO TRUCTION,INC. Signature Signature - G� _azgnd y-) bale-,r Printed Name Printed Natne I:);rte Date �' Columbia Pacific Construction (360)225-6323 Fax: (360) 225-6869 1.;1V 175 Hansen Lane COR 009 Woodland, WA 98674 SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard OR 97223 Tigard OR State: Zip: City: State: Zip: Phone: Fax Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date. End work date: Contract No, ob No.: Page#: of Pages: 612812018 95047 18101 1 1 Justification This is the cost to supply the Flagging required by the RR during the storm installation along the RR right of way. (Passthrough) Item Description Unit Estimated Qty Unit Price Total Price 1 Flagging invoice from Portland&western LS 1 $ 4,247.50 $ 4,247.50 see attached invoice. Subtotal $ 4,247.50 Mark up $ - Change Order Request Total $ 4,247.50 Exclusions: Notes: This will be a direct pass through,with no markup. If engineer directs more than quoted It will be added on. Change Order Total $4,247.50 Brandon Taylor 612812018 Columbia Pacific Construction,Inc. Date Portland &Western RR PWRR-0003106 A Genesee Wyoming Company pAte 6/30/2018 200 Meridian Centre Suits 300 Rochester NY 14618 invoice Bill To: Ship To: COLUMBIA PACIFIC CONSTRUCTION COLUMBIA PACIFIC CONSTRUCTION 175 HANSEN LN 175 HANSEN LN WOODLAND WA 98674 WOODLAND WA 98674 7 0i"6 18PWRR13R LPACOI-PWRR UPS GROUND Not 30 B. ZiRf bar I 18PWRR13R NRSS Invoice 12024,(41f/0-4/30/118)plus 15% $1,759.50 $1,769.60 1 18PWRR13R NEXXT Rail LLC Invoice 260,(6/21A8-5/22/18)plus 16% $2,438.00 $2,438.00 11 18PWRR13R AdministratIve/81111ng The 0.60 a$100/hr $60.00 $50.00 AN 1 2 7018 3y-. MAKE ALL CHECKS PAYABLE TO: $4.247.50 $0.00 -$0.00 27603 Network Place Chicago, IL 60673-1276 $0.00 W k PI ko 609 $0.00 ty., $4,247.601 t Natlonat Railroad Sakly Services,Inc. invoice oil 7395 Kingsgato Way West Chester,014 45069 DateInvoice# BIN#20-5435593 51'1/2018 12024 Del To Ship To Portland&Wastes Railroad Project N-2018.713 200 Nferrldien Castro CulvertReplacoment at SW 14unzlker&Wall Suite 300 Po MYRRE03548 Rochester,NY 14618 Rebillablo 018PWAR13R. Services Readersd:411118-4130/18 Vendor# P.O.Na. Terms Due Date MR11103548 MOO 5/3112018 Item Description Qty Rate Amount 1051' Railroad Flagmen Ragular flours-(Includes vehicle,cell phutto,& 17 90.00 1,530.00 radio Thank you for your huslacssl Total $1,530.00 Customer Total Balance$1,530.00 Phone# Fax# (513)?55-4910 (513)779.8428 3:10 PM National Railroad Safety Services, Inc. 06101118 Time by Job ®etall April 2018 Date Name _ Billing Status numdon N.2018313-MR-Culvert Replacement MP 32 106P 9 00 04118/2018 ,Johnny A Carter Blied 5.00 0411712018 Johnny A Carter 8111od 17;00 Total 105E Total N 2016.713-PWRR Cuhred Replacement MP 32 37:00 TOTAL. 17:00 Page 1 :z i Mationa1 Railroad Safety SeAdass, Inc. RK#C l EIC Railroad Flagman Dally Field Report tawictnrCRe rtt)aa.zar3.�,7 Fiagraerr: Dale Project# Ff-4015r. Afovr$hilt:^ _ K Relief Shill: L'ro1Qd "1a RaUoved f~rC: Cortbador Start: Locarfon Lunoh: Reffiond Aeportum: Subdivision A' Milepost Z,A Hours: Weothor Time leble Number Travel: Nighf _DeWOperaftBuffeth Total His:"L� tow yl ---� General Orders In Effect tVumbar of eo s!n r! hf-af�nra: Numbrrr of s LPMnt In rl ht of wa : Z Check ythe cwitr4aor canceled or never shrnved ep. Deserlbe rn jgjL what oeeffrred. Ifyou wera roVdred to stay at the jobsite,state wiryyou had to remain acrd for hmv long. TYPO of work Performed In railroad rtol►t-ofAvay,it any: Job BrI lfng(aj conaisie 09; TVp rrn 0 of 07 Provided ❑Fo8/C/Y K Watchmen/Lookout I] None,no work EJ Track Out of Service 0 CNLPtennsdWark 11 jr_aqkW9rrsnt1Aulhor11y (7 Track&Time ❑ berells/Lackout Track Wermnf/AufhorW# Llmtrs; Voided of Track WarranUAufhority# Limps: - Volded at: Trnok WerranllAufhaMA Limits: Volded et: Track&Me# Urafts; Volded at. Track&Me# Limits: Vcldsd at ' Planndd Work/l+ornr# Limits: N Vo Wed at., accord of TroIn l NoW Movements In your woricing Umtts Train#or Maw Time In: Tlmo Out Train#or MW Time fn: Time out: Train#or MoW Time 1n Time out; Record of rang dellre 7WIrA# OKTIme: clear rime: NOW Long did you waltior fhis. TWIM# OK Time. GeerVma: !•four Long didyouwakforfhla: Additional Motes nld the contractor cause any train deiaye? Y09: IVo; Explain pelny: Wdlctr Brillion Awmegesa Swftctl Handled 10: l. TWO Rostored to normal; 3wltch Handled 10: - 7lrtte 1703torad to trormal. Yes: _ _ No., Reported to, Rules&Plein whot happened Sfat�/Contractar Stgnatul phonon ob IH- u rcf S; ftaCfor Printed: K campary,�„y1�w►h,� r C. pla9 mea Signstura: Reviewed,�. t` KOlvir'" Irtr;, National Railroad Sa�d�yi u j RWtC/E!CRallraadllagmanDaily Field Rcl:ort 1247CJj12Rs Dw pnr3•xz 7 Ftagmen: h� Date k Pfoletl ►�� 2s1Y� ?k3 iso Now Shh?.^� Relief hw. Project Relieved E10. Contractor ' ' start LowmNon WoOt f Rallroad Alife Post Z. Aeparluro: Subdivlslon nme'rable IVUfnhnr--U- 44 Weather^eVa� <� Dairy Operallng suilslln o7 Travel: Highi'----� —General Orders rn Effect TowHrs: t k +h imwm tt�0 i,i•ow yg� Number of a u! ant Irr bf�of VicNumber of a to in ht-of-wa : G Check!f tl+a eonfraclor canceled ar nevarshowed up, Desertb11 a to de a what oeourra lYou were rogx+ned to stay of the fobslte,state whyyduhad to remain andforhowlov Tiypa of work Tfommed in railroad right-of-way,If any: s .loin Brieffn s consisted of: to Type 03 t]7S Wravidad Ej Forml /C Y Watchman/Lookout Non�nork 77ackOutofServlce 13(CN Plenned Work CJ Track WorrantlAuthorit C7 Trae C1 Derails%Lockout Us*Warrant/Authortlot omits: ,�_._ __�.,_ Volded at: Trach Warrent/Authorityk limas: ____ Vokled al: 'rack Werrant/AuMorllgdF umlta: Voided a< Voided at; 7fmck&Time# Lfnaits: Voided at Track&77me# Limits: 4anned Wb4forrrr lk Llmlis: Voided ai Recon]of Train!pow ttdoyemerttg in yourworkind l,ir+►tts Train#or Maw 77me in: Time out #or Ho 77me in: Time Out: Train#or MOW Time In., lime Out Record of anj delaye TWIM# OK7rme: GYear7lmv: HowLo+rg did you waitrorthls: TIMM# OK rhe; cdear7lme: Now l ong did you watt far this: AddNonal Not ()id the contractor cause any train delays? Yes: No: aplain Delay Switch Position Awareness Switch Handled IB: Time Restored to normal: Switch Handled IA: Time Restored to normal: Rules Violations; Yes: No: Repotted to: Explain whathappenod: State/CrntractorSOnatu Ahonalt N 5010 SlatalContractorPtiafet' Company. Flagman Signature: Revlewsd:±2�y�'�a- X Nexxt Rail LLG Involce /�/ PO BOX 6720 Aloha,OR 97007 accountingC@nexxtrallsom BILI.TO Portland&Western Railroad FLAGGING 200 Meridian Centre Suite 300 Rochester,NY 14618 r INVOICE# DATE TOTAL DUE DUE DATE TERMS ENCLOSED 1269 105/22/2018 1$2,120,00 106/21/2018 Net 30 I 1 PO# PWRR103591 ACTIVITY QTY RATE AMOUNT Flagging-Railroad 13 80.00 1,040.00 5/21/18»Contract Flagman/EIC Service Columbia Paclflo Construction/Wall Street near Tigard Yard Install storm water sewer on ROW parallel to Main#2 L#18PWRR13R PO# PWRR103591 Flagging-Railroad 13.50 85,00 1,080.00 5122/18-Contract Flagman/EIC Service Columbia Pacific Construction/Wall Street near Tigard Yard Install storm water sewer on ROW parallel to Main#2 L#18PWRR13R PO# PWRR103591 BALANCE DUE $2,'l 20.00 Columbia Pacific Construction (360) 225-6323 Fax: (360) 225-6869 175 Hansen Lane COR #010 REV1 Woodland, WA 98674 ACP Pre-level. N bound SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard OR 97223 Tigard OR State: Zip: City: State: Zip: Phone: Fax: Phone: Fax- 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Page#: of Pages: 811/2018 7/1212018 7112/2018 91, 18101 1 1 Justification Please see the attached proposal and T&M slip for the prelevel on the north bound lane of wall street. 177 tons estimated. 47.88 tons actual installed quantities. Item Description Unit Qty Unit Price Tota;Price 1 ACP Pre-level per attached quote and T&M slip TN 47.88 $ 81.00 $ 3,878.28 2 Foreman, Kamron Hedval HR 1 $ 57.15 $ 57.15 subtotal: $ 3,935.43 Markup $ - Change Order Request Total $ 3,935.43 Exclusions: Notes: Change Order Total $3,935.43 Brandon Taylor 8/1/2018 Columbia Pacific Construction.Inc. Date r 6� N d® L O p r O S a) r N H L CL a) L ` r O d) .� Qf N � a 0L O co co CL o o .-. ao 00 ca It It F— o 0 l� ca .d+ O C CL o •� cn H 3 >+ ate. a) ._ _0 tQ � cm a) a, _r_ LO _� � .0 N CD � U ' cn Z c U LLI Cl N CO _v a) _ O M U � W N Y a Ni p 04 C Co Q m Z N L Y E E00 a U. U 0) C.) Z C� rn 21880 S.W.FARMINGTON ROAD BEAVERTON,OREGON 97007-5470 PHONE(503)642-2531 FAX(503)642-2534 CCB#3838 BAKER ROCK R E S O U R C E 5 EMAIL TRANSMISSION -- CHANGE ORDER QUOTE - - DATE: 7/10/2018 FROM: Marcus Schoenberg TO: Columbia Pacific Construction ATTN.: Project Manager Total Pages Transmitted(including this page). 1 This quote is valid for 15 days from the date of bid. RE: Wall Street Improvements - Prelevel Ph 1 Base - Change Order Per Wallis Engineering plan set, and existing contract documents we will furnish and install the following items upon competent approved substrates by others: Item Description Quantity Unit Unit Price Total 1 1.0"Average depth Level 2, 1/2 Inch Dense HMA, (Hot Mix 177 TON $ 81.00 $ 14,337.00 Asphalt), in one lift, for prelevel of existing phase 1 cement amended subgrade. NOTE : No move-in included.Add$1,100 for each additional equipment move-in required by your scheduling. - Final billing to be based upon actual field measured quantities installed. - Asphalt cement to be PG 64-22. - Asphalt escalation to accrue to Baker Rock Resources account. - All asphalt paving &materials shall be according to current ODOT standards&specifications. - Baker Rock Resources not responsible for damage to pre-existing walks or concrete that must be crossed for HMA installation. Excludes: bonds, permits and fees, layout and grade surveying, traffic control, outside testing, temporary patching, saw cutting or removal, pavement milling or removal, riser iron or adjustment of utilities or other structures, utility trench patching beyond scope, sweeping, clean-up or preparation of existing surfaces prior to paving. Terms: (1) Net 30 days from invoice on approved credit. (2) Baker Rock Resources reserves all construction lien and bond claim rights until final payment is received. (3) Baker Rock Resources reserves the right to reject this contract/proposal if,in its sole discretion, it determines that the customer is not credit worthy. (4) This quote contingent on mutually acceptable schedule and contract terms. Dayton McMinnville Scappoose 503)864-2219 (503)472-2189 (503)543-7141 FAX(503)864-4587 FAX(503)434-5710 FAX(503)543-4001 1 A sI Columbia Pacific Construction (360) 225-6323 r Fax: (360) 225-6869 975 Hansen Lane COR 011 Woodland, WA 98674 Rock sec. in lieu of CTB SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard OR 97223 Tigard OR State: ZIP: City: State: Zip: Phone: Fax: Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Pape#: of Paces: 8/22/2018 8/6/2018 8/20/2018 95047 18101 1 1 Justification This is to replace designated areas of the CTB sections with the"Roadway Restoration Section"detail on plan pg C4. Areas are predetirmined and marked out in the field with the city's representative. Item Description Unit Estimated Qt v Unit Price Total Price 1 Area 1: Hunzikerstrip.8/6/18 SF 1,200 $ 6.87 $ 8,244.00 300'x 4'x 1.5'= 1,200sf 2 Area 2:Terra Ferma/Dog park.8/20118 SF 1,224 $ 6.87 $ 8,408.88 72'x 17'x 1.5'=1,224sf Total $ 16,652.88 Change Order Request Total $ 16,652.88 Exclusions: Notes: 2 additional day of work requsted on end of contract. For lost time. Change Order Total $16,652.88 Brandon Taylor 8/22/2018 Columbia Pacific Construction,Inc. Date Columbia Pacific Construction (360)225-6323 Fax; (360)225-6869 175 Hansen Lane COR#012 Woodland, WA 98674 Aug.T&M SUBMITTED TO: PROJECT N.- Job Name'. City of Tigard Ann. Andrew Newbury Wall Street Improvements Project Add.- aderesa' 3125 SW Hall Blvd Wall Street and Hunziker City: alai': zip: cur Stale: 210: Tigard OR 97223 Tigard OR Phone: Fsx: Phone'. Fax 503-639-4171 503-684.7297 Pate: start Work Data: End-1 1,1': Contract No. Pape#: of Popes. 914/2018 8/612018 8!2112018 95 047.0 18101 1 1 Justification T and M hrs accumulated during August.See attachment for back up. Item Description Unit Estimated City Unit Price Total Price 1 Replace new Inlet Type CG-30 with Type CG 21 Shift location around Gas line(816118) Labor Foreman,Kamron Hedval HR 2.75 $ 57.15 $ 157.16 Operators,Casey Clark,Jessi Lahti HR 3.25 $ 56.15 $ 182.49 Laborers.Sean Flohaug,Joshua Primaclo, HR 8.50 $ 47.88 $ 406.98 Timoth Primacio subtotal: $ 746.63 labor total:@22% $ 910.89 Equipment(blue book) 2017KX 057-4 mini ex+2 buckets HR 2.75 $ 30.00 $ 82.50 Cat 336 Excavator with 2 buckets HR 0.5 $ 150.00 $ 75.00 subtotal: $ 157.50 Equip.total @17% $ 184.28 2 Extra Wall Demo around new Gas Line (8121118) Labor Foreman,Kamron Hedval HR 3.0 $ 57.15 $ 171.45 Operators,Maury Heberer,Josh Primacio HR 11.00 $ 56.15 $ 617.65 Laborers,Jess!Lahti,Josh Primacio HR 5.50 $ 47.88 $ 263.34 Truck driver,Josh Primacio HR 2.00 $ 48.00 $ 96.00 subtotal: $ 1,148.44 labor total:@22% $ 1,401.10 Equipment (blue book) 8.000 Ib mini exc*breaker(Rental)(See LS 1.0 $ 1,195.47 $ 1,195.47 Attached) 2017KX 057-4 mini ex+2 buckets HR 6.00 $ 30.00 $ 180.00 5 CY Dump truck HR 2.00 $ 36.55 $ 73.10 subtotal: $ 1.448.57 Equip.total @17% $ 1,694.83 Total $ 4,191.09 Change Order Request Total $ 4,191.09 °r-.lsoNo1es'. 2 additional days of work requsted on end of contract.For lost time. Change Order Total $4,191.09 Brandon Taylor 91412018 2dumltia Par,fir,Gxtscuctla,"..,,_. para Columbia Pacific Construction (360) 225-6323 Fax_ (360) 225-6869 975 Hansen Lane COR #013 Woodland, WA 98674 Temp Striping in Hunziker SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard OR 97223 Tigard OR State; zip: City: State: Zip: Phone: Fax: Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Paqe#: of Paqes: 9/7/2018 95047 18101 1 1 Justification Please see the attached proposal, temporary striping for added trafic control in Hunziker Item Description Unit Estimated Qtv Unit Price Total Price 1 SPM, Temp Striping LS 1 $ 8,400.00 $ 8,400.00 subtotal: $ 8,400.00 17% Markup $ 1,428.00 Change Order Request Total $ 9,828.00 Exclusions: Notes: Change Order Total $9,828.00 Brandon Taylor 9/7/2018 Columbia Pacific Construction,Inc. Date Corporate Office: 11095 SW Industrial Way,Suite A Washineton Office: Tualatin,Oregon 97062 14329 32nd Street East Phone:503.885-0420;Fax 503-582-8629fp Sumner,WA 98390 Oregon CCB License:138591 WA Contractor License:SPECIPMOOBQ CHANGE 0RDER##1 SPECIALIZED PAVEMENT MARKING, INC. Power Sweeping o Striping • Related Services Date: September 7, 2018 SPM Job #: 14412 RE: Hunzikcr Temp Striping and Replacement Per 9/5/18 Email Project: SW Wall Street Improvement Project (Tigard) Item Description Quantity Unit 'Unit Price Total C01-1 Remove Existing Stripes (By Grinding OK) 1.00 JEA 3,500.00 3,500.00 Install Temporary Striping Paint - C01-2 Remove Temp. Stripes(By Grinding OK) 1.00 EA 4,900.00 4,900.00 Restore to Existing in Thermoplastic - Total $ 8,400.00 Specialized Pavement Mai-king, Inc. proposes to furnish all labor, equipment and materials necessary to complete referenced project. Quote good for 30 days from above date, after which time a price adjustment may be necessary. Proposal Excludes Layout, Traffic Control and Temporary Flexible Pavement Markers. By Mark Price,President Accepted by: Columbia Pacific Construction Inc. co *t Ln CN y w y - � � f T, J . ,Q - 'C a + Alt 7 ' r. o LO U CL B s H An U f t '� i C1ty of Tigard A . , G URDER� 13125 S«-Hall Blvd Ti dOregon 97223 A► ENDME T'I`SU)M1VNA�RY ` -: Phone ��03)fi39 4171 ' , IEI.D {a' �ar �nUE�• 'tQM Fix .0- Project Project Title:Hunziker Core--SW Wall St. Project Manager:Andrew Newbury Improvements Contractor: Columbia Pacific Construction,Inc. Original Contract#:CP18013 Effective Dates:2/14/18-12/31/18 Change Order/Amendmetit Amount:$57,093.60 Accounting Strip :460-8000-56005-95047-140 Amendment Percents Rutuiirt Total:2.4% AMBNDI4L$NT,DETAIL S` . . Amendment#2 includes the following: 1. Infiltration diversion trench to convegroundwater away from road construction. 2. Time and materials needed to avoid existing utilities,ditch inlet and piping construction to convey runoff from wetland. 3. Time and costs to haul and dispose of contaminated material. 4. Over excavation of soft sub rade areas. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract Amount LS 1 $2,300,553.40 Contract Change Order#1 (previously approved) I,S 1 $27,544.00 $27,544.00 Contract Change Order#2 iS 1 $57,093.60 $57,093.60 TOTAL CONTRACT $2,385,191.00 - _RBASQNING FORCHANG� See amendment details. . . .. ;;" BUAGET IMPAC�'A.ND IL;BQUIRBD`.�CTIONS. , EDA Grant and developer contribution to pay for chane orders. QUE$xNG Ptd ECT 1�AN�►G8R ,': 1�PPROVI FITC$T ?P 7777, Si natur . ;..,. ...::S. . store >vl3ate. Contractor is hereby authorized by the City of Tigard to perforinQNTRACTOkt 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 ,' ,_ ,� , •':: St afore additional York. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the O' (7//9 encumbrances are met. Remember-- the cumulative total of Amendments cannot exceed the project's FY budget, Date CATY OF TIGARD,0110 GON h1MENDKI1'SN7"I'U CONTRACT I 1UN/.110.13t CORE;-.Z(3W WA1A.S C IN1111to ',INTEN S Fhe Agreement between the(;iiy of'1'i€ ►rel,a nuulicipal corporation of the State of Oregon,hereinafter called City, and Columbia Pacific (:on.%lrucai0II, III(,, hereinafter refel.rcd to 1,15 Con(ractor, entered into on the 12" day of I{ebrualy, 2018, is hereby amended as follows: A. City agrees to pay Contractor E'��tr Llilli:u# !h1(c 1 fill tthvi1-'1 V will\ Flik ht l Ivmve;t1tl •„s► 1 It1;t Inti 1�er1I1+ !;'� --'.,.�;�i#,iJt)?.'1t1} { a;44 ��rllb n f Izrr I itunit<ti I t•>Ite � It 4 l) 1110 1 ).t➢l.tt 1 1) for perfot•lnance of those services pro-vided herein. 1N WI'.rNt SS WFII?RHOp, City has caused this Alneudtnent to be executed by its duly authorized undersigned officer and Contractor has executed this Amemlincnt upon signature and (late listed below. CITY OF TIGARD COLUMBIA PACIFIC CONST UCI'ION,INC f j R Signature Signature AM Printed Printed Name Printed Name Date Date i Columbia Pacific Construction (360) 225-6323 y � Fax: (360) 225-6869 975 Hansen Lane COR #5 Woodland, WA 98674 Diversion Trench SUBMITTED TO: PROJECT Name: Jab Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard OR 97223 Tigard OR State: Zip: City: State: Zip: Phone: Fax: Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. T777 Pape#: of Paqes: 5/29/2018 95047 18101 1 1 Justification Install 140 If of infilltration diversion trench. Price does not iclude flagging. Flagging to be paid as needed at the bid rate per hour. Quoted rock is for the approved 1 1/2"drain rock from Tigard sand and gravel. Item Description Unit Estimated Qty Unit Price Total Price 1 2'x 5' infilltration/diversion trench with 6"ADS LF 140 $ 104.09 $ 14,572.60 pert pipe, non woven geotextile to top of ditch and 1 1/2"drain rock. All ditch spoils to be hauled off. subtotal: $ 14,572.60 Change Order Request Total $ 14,572.60 Exclusions: Notes: 2 additional days requested Change Order Total $14,572.60 PJ Rasmussen 5/29/2018 Columbia Pacific Construction,Inc. Date Columbia Pacific Construction (360)225-6323 Fax:(360)225-6669 175 Hansen Lax COR#006 Woodland,WA 96674 May T and M SUBMITTED TO: PROJECT ex Cllr rdr and All,.Andrew Nsadal rmx..a WYI S1ree11murovemeMS PrP4 3125 SW Hell aNd aeax Wan Stredand Huneiker Tk1a�OR 97223 Twrrmm OR aa. 0�anm M.6.4171 � ra .e 4x. .' 17 JuslMc ,, T and M Hrs accumulrted 1,01-11 1119h May 81 GQ - 9unpde. L----- ---a..-Ma 4--. 1 Fddlnn,Mammo HEMI 40 s 57.16 E 22fl60 2 OPc1da,Mm Wdantl®sgcbM HR 50 E ..16 E 338.90 3 p1,s layer 1R o0 s 4x96 S 4 Laborer.Mas lalx,Jema 1-1 HR 7.0 S 4758 E 33516 aublYY: E 90088 labxtpbl'Q22% 7 1AMJR Equyr«n1 5 2017-5]4mH-2Waxlp HR 6.0 E 3000 q 15000 fi 12.1 Deere 644H Maud Idea b.14 HR 1.0 f 44.w 6 44.00 11R o0 s Ism s E HR 00 f 35.00 s 9 Mi 0.0 s 20.00 s auMYY: E 1.00 Eupyp.bh Q1M 8 aWSS 4RDmY w DWr hMteM 10'mrm EM Later 1 F4rendm+kmre.- fR 80 E 5716 $ 45720 2 op-s'Jsmm Whmem,men user HR a5 q68.15 S 47728 3 P"..Mr Seen I.- HR 5.0 E N. s 29376 1 lander,Jeesa laM1G,Duren auk« HR 130 E 41.88 6 6221 mO%tal f 1,BBO.M bn47YYl'QZEk s 2,251.84 a1ulPmarR 5 Cut 33fi Ekset-2b HR 6.5 s 150.00 s 91500 8 2004Desre54 .a,(W«b.* m 20 E 44.00 s 8900 7 2cele0«pP HR 30 f 10.00 s 3000 a M OO E I. s 9 8N8 end 8x14 ahMnp nd® HR 30 S 20.00 $ BO 00 10 3"irmn Pump mlN 2PwYbn art 160 a M 8 D 3 25.00 E 150.00 tll-v. 11 Tr«kuilh- kR B.D 5 4000 E J2o00 wbbMl: $ +,62300 E1ulp.n41 O1T% $ 1JMa.R h-,a. 12 Dkdr-I 10 S 80100 S 801.00 13 ."a.q 1.0 S 350.00 $ 350.00 14 Pipe BetlMna trt 210 1. 1]00 9 367.50 14 pPe LF 45.0 is 5.80 s 24750 15 Neuf a6 EB tlump ax.lmpkna @51308 V.15 TN 21.0 6 17.28 S 982.80 hr rooks$1951ruclna$169 du =ieM wady: E zl2e.ee ams TnrvY Y«h 1 Fdamm,kemren Martel HR 16 E 57.15 E 65.79 2 TMwt doth 20 E 1WW S 2DDW -al s 286.73 TdeIQ22% S a48as WlTempbNrvka 1 Fmwn,Wmren HeNY IIR 20 f 115 f 11130 2 OPdekrs,sarft raids yVOShe Ht d.0 $ 5615 s 22400 a Pipe Loyd,assn FM , HR 2.0 $ 48M 3 ... 4 LaOaer,GYroe eukw,Jesse LYM IR a0 $ 47.88 S 181.52 elrbNal E 62894 Trial®22% 9 IMaT Equip-st 5 Hiacni160Evamkr Wn2haldh HR 20 f 93.Bd s IR.. 6 20w Dean 5491 na0m inky nOdQ HR 2.0 f 100 E 8800 wbtaet S 273.68 Equip bW Q1Tb S 6866 MYMYs 7 1'mp 1.0 6 5700 s B MMmllY1'«pper w.D s 4.31 4 238W 9 mYarskp 1.0 S +1000 f ito00 10 VaM bm 1.0 S 1W.00 f 19900 wbbal: S 624.60 MN.hAIQI]% S 730.10 WO eMpraun gas n«aa. 1 M &13 S 57.15 S 21- 2 OpdYwe.MmlaNraM JemwWahf HR 510 f 115 E 90889 3 P"LW,SeanF au9 M3.75 S 48.98 E las. q Lebdm,SBsretteuhu,Jmat VMI 1R 750 $ 41.88 E 35910 S 1-0831 TYeI®22% 1 1,E00.i! E9+sPrr+ard 6 -N 180 Eyaamtdetlh 2 buckas HR 3.8 E B3 04 $ 33100 6 20wrk-5lHbsd,(nluak-k) HR 1.B E 100 S 77.00 -I f 4289D Egdp.kbl Q1]% f 80111 T..1 S 11,90.1.93 Charl9a Ord«Request TsW s 11,W.9a .....w. x^« falmpa.laaa%wnladnta«.na M4cnlr.nL rorkYlbm. Onaga OYr Teal $11,94313. PJ Rwnwmm 6711PJ019 Columbia Pacific Construction (360)225-6323 Fax: (360)225-6869 175 Hansen Lane COR#007 Woodland, WA 98674 June T and M SUBMITTED TO: PROJECT Nem.: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Atltlrem: Acidness. 3126 SW Hall Blvd Wall Street and Hunziker city: "'Me: Zip: C.y: state: Zip: TigardOR 97223 Tigard OR Phots: F.: Phone: Fa: 503-639-4171 503-684-7297 OMe: statl WorF Nara: EM-rI,tlata: CoMrad No. ob No.: Peps e: of Pones: 8!28/2018 95.114 7.o 18101 1 1 Justification T and M hrs accumulated during June.See attachment for back up. Item Description Unit Estimated Otv Unit Price Total Price 1 Earth damn removal @ new D.I. 6111118 Labor Foreman,Kamron Hedval HR 0.5 $ 57.15 $ 28.58 Operators,Chris Weingold HR 4,0 $ 56.15 $ 224.60 subtotal: $ 253.18 labor total:@22% $ 308.87 Equipment(blue book) 2007 Deere 225C LC Excavator(blue book) HR 4.0 $ 91.38 $ 365.52 subtotal: $ 365.52 Equip.total@17% $ 427,66 2 Haul off Contaminated(526.14Tn)6/25-6/27 Labor Foreman,Kamron Hedval HR 1.0 $ 57.15 $ 57.15 Operators,Jesse Lahti,Timothy Pdmacio HR 7.25 $ 56.15 $ 407.09 Truck drivers HR 52.75 $ 48.00 $ 2,532.00 subtotal: $ 2,995.24 labor total:@22% $ 3,655.41 Equipment (blue book) Cat 336 Excavator with 2 buckets HR 6.25 $ 150.00 $ 937.50 Volvo A35c Haul truck HR 1.0 $ 109.77 $ 109.77 Dump truck and pup HR 52.75 $ 80,00 $ 4,220.00 subtotal: $ 5,267.27 Equip.total@17% $ 6,162,71 Materials Dump fee at Hillsboro Landfill(see dump TN 526.14 $ - $ - tickets) Billed direct to City of Tigard subtotal: $ Matenal total @17% $ - 3 Survey for Added Ditch Inlet T&C construction staking Invoice LS 1.0 $ 360.00 $ 360.00 subtotal $ 360.00 Total Q 17% $ 421.20 Total $ 10,975.85 Change Order Request Total $ 10,975.85 E.duslons: Notes. 3 additional days of work requsted on end of contract.For lost time. Change Order Total $10,976.85 Brandon Taylor 6/2812018 Columbia Pacific construction,Inc. Date r ` Columbia Pacific Construction (360) 225-6323 Fax. (360) 225-6869 975 Hansen Lane COR 008 Woodland, WA 98674 CTB Over exc SUBMITTED TO: PROJECT Name: Job Name: City of Tigard Attn. Andrew Newbury Wall Street Improvements Project Address: Address: 3125 SW Hall Blvd Wall Street and Hunziker City: Tigard State: OR Zip: 97223 City: Tigard State: OR Zip: Phone: Fax: Phone: Fax: 503-639-4171 503-684-7297 Date: Start Work Date: End work date: Contract No. Job No.: Paqe#: of Paqes: 6/2912018 95047 18101 1 1 Justification This is to over excavate 2 ft deep and backfill with 3" minus rock and fabric in areas where the designed cement treated base was not sufficient. Locations and quantities agreed on in the field by the inspector and the geo tech. Item Description Unit Estimated Qty Unit Price Total Price 1 Over Exc CTB option#3 SF 1,964 $ 9.98 $ 19,601.22 Total $ 19,601.22 Change Order Request Total 1 $ 19,601.22 Exclusions: Notes: 2 additional day of work requsted on end of contract. For lost time. Change Order Total $19,601.22 Brandon Taylor 6/29/2018 Columbia Pack Construction,Inc. Dale ( itv of'rigard co-T,,uRACT REPq 13125 WlL;J1W%'1 A Nj 1"1'41 1)NI ENT fiUMM-ARY Phone-(503' (,3t1--11 1 I Fax -(50.�) 6A I CJ IM-A-dlj OW)FA FORM 1'31'()jcct Title: I Itill"Jkcr Cove— SXY Wall St. I ProjertManager: .\nElrc\%7 Newbiltj Contractor: Columbia Pacific COns t ruct ioll, Inc. -OLjtyiinal Contract#: CP 18013 Effective Dates:2/1411 Chan S2 7 Stringy 460.8000-56005-95047-140 Amendment Petcentage Running Total: ().14, MIENDMENT Dwrmu; Amendincii, 111cTu-11c.."llic following: 1. "Matclials "Ind compact tesling wisn't defined In project specification., This amendment provides the testing needed. 2. Existing conditions were not the same.as noted in bid set, .\ sanitary sewer manhole was placed after the t '111 1,'.xtl-a piping all(,] time needed. bid WAS issued and 110t ill the.exact T21 s)"'T"—"' I)' s- 3. Replaces an existing catch basin to meet current design standards and relocate an existing sign thm 'is Ill conflict With construction. -4.—pff1.,.updated standards required 11qCr junction boxes and conduit sizes 1han shown in project CHANGE OIZIM."It DIUAILS UNIT QTY"I UNIT$- TOTAL$ -Lli�lj Contract_klllollnl Contract Cban�te Order it I LS 1 S27,54 4,00 S271544.00 ............... TOTAL CONTRM'T 52,328.,09-11.,10 REASONING FOR CHANGE ORDER/AMENDMENT See amendment details. BUDGET INIPACTAND REQUIRED ACTIONS FIX\ Grant and developer contribution to )j( r change.orders. RI-QUESTING PROJECT NIANAG13R API'"'INC.CITYSTA}:F SiRtimthire ------------- Date Date (.o,It,-,.jCjor is]it 'itV ofTil -1t,l)% ;1tifliolized I)%,the C !mrd to perform' CONTRACTOR 111c additional wod. 11cm-ilrd below in accol-kin lice aill)tile lenw; ffild condillolic do"Illed in the oripilull contract almig -willi all applicablv I u1c."I epulal ions,an d lww"IlInt IllaN.he in cffect for the V-- s „art il—raftirc The onii pricing ja Ilic, mipinal coiltnIct shill apph to .111 — additional wolk. -1 col'). of llli�, four,once- completed,is to be forwarded to the Purcha%ing Office:( W ('11-111C all Ch'.1111-CS ill the Remember -the cullitilative total. of Date Amendincoitt.cannot exceed (lie )roject's FY Imilgel. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT HUNZIKER CORE—SW WALL ST IMPROVEMENTS CP18013 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Columbia Pacific Construction, Inc, hereinafter referred to as Contractor, entered into on the 12`' day of February,2018,is hereby amended as follows: 1. Compensation A. City agrees to pay Contractor Two Mill e -rise, u._..a.e -ri.atts....a Live Hundred F:ft�_-r,_fe in , "Two Million Three Hundred Twenty Fight Thoiisalld N Inca Seven and 40/100 Dollars ($2,328,097.40) for performance of those services provided herein. 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 DOFF TIGARD COLUMBIA PACIFIC CONSTRUCTION,INC Signature Signature Mxr4jk� L, LOwel r) .&-w\ Printed Name Printed Name Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THISFORMMUSTAccomPANYEVERYCONTRACT) � Contract Title: Hunziker Core—SW Wall Street Imi,rovement Project Numbe �vI Contractor: Columbia Pacific Construction, Inc. Contract Total: $2,300,553.40 Contract Overview: Columbia Pacific Construction will be constructing the SW Wall Street Proiect which includes approximately: 2,000 lineal feet of new roadway Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Andrew Newbury Ext: 2472 Department: PW/Eng;ieerin2 Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ® Public Improvement ❑ IGA ❑ Other: Engineering Services Agreement Start Date: February, 14, 2018 End Date: December 31,2018 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Columbia Pacific Construction, Inc. 52,300,553.40 Goodfellow Bros, Inc. $2,604,645.30 Elting; Northwest. Inc. 52,735.237.75 Kerr Contractors 52.743,855.00 Pacific Excavation S2 775,493.00 ML Houck Construction $2.788.421.95 Clark and Sons Excavating $2.805.892.25 Emen, & Sons Construction $2,960,412.05 Braun Construction $3,137,773.40 Account String: Fund-Division-Account Work Order—Actiyi .J,yRe Amount FY 18 460-8000-56005 95047-140 $2.300.553.40 Approvals - LCRB Date: February 6 2018 Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. C 1�I ��13 City of Tigard 13125 SW Hall Blvd Tigard,Oregon 97223 Phone: (503) 639-4171 Fax: (503)684-7297 CONTRACT DOCUMENTS for the construction of SW Wall Street Improvement Project City of Tigard Project No.: 95047 EDA Award Number: 07-01-07346 "Infrastructure of Hunziker Industrial Core" This project is funded,in part,with a federal Department of Commerce's Economic Development Administration grant and,as such,all applicable federal requirements shall be in effect. Approved by: Lori Faha,P.E.,City Engineer Bid Due& Bids Open: Thursday,December 28,2017-2:00 pm 1 � ADVERTISEMENT FOR BIDS CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT The City of Tigard will receive sealed Bids from qualified firms at Tigard City Hall's Utility Billing Counter(Att::Joe Barrett, Sr.Management Analyst)located at 13125 SW Hall Blvd.,Tigard,Or 97223 until 2:00 pm local time,December 28,2017 for the (SW Wall Street Improvement) project. Bids will be opened and publicly read aloud immediately after the Bid Closing time and date at Tigard City Hall. The project generally consists of the following 1. Widening and reconstructing the existing street with treated subgrade and asphalt concrete pavement 2. Constructing sidewalks and driveways 3. Installing water,stormwater,and sanitary sewer mains with appurtenances 4. Installation and planting green stormwater facilities 5. Installation of lighting,signage,pavement markings,and other miscellaneous improvements This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration grant and therefore is subject to the Federal laws and regulations associated with that program. 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,December 28,2017. The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimurn salaries and wages shall be incorporated by reference as if frilly 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 wwwaigard-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 Engineer in writing by e-mail. Contact the Engineer,Andrew Newbury at andrewn@tigard-or.gov or 503-718-2472 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. The City will advertise this RFP for 30 days beginning on November 22,2017 in the publications listed below. The advertisement will run four(4)times in the Daily Journal of Commerce and the Tigard Times. Published: Daily Journal of Commerce Published: Tigard Times Date: Nov. 24,29,Dec.4,27 Date: Nov.30,Dec. 7,14,21 Published: El Hispanic Published: The Skanner Date: December 15 Date: November 29 21Page TABLE OF CONTENTS ADVERTISEMENTFOR BIDS....................................................................................................................................................2 TABLEOF CONTENTS...............................................................................................................................................................3 ATTACHMENTA-BIDDER'S CHECKLIST............................................................................................................................4 ATTACHMENTB-BID............................................................................................................................................................5 ATTACHMENT C-ACKNOWLEDGMENT OF ADDENDA................................................................................................ 13 ATTACHMENTD-BID CERTIFICATION...........................................................................................................................33 ATTACHMENT E-FIRST TIER SUBCONTRACTOR DISCLOSURE FORM........................................................................34 ATTACHMENTF-BID BOND.............................................................................................................................................35 ATTACHMENT G-PUBLIC IMPROVEMENT CONTRACT.................................................................................................36 ATTACHMENTH-PERFORMANCE BOND........................................................................................................................45 ATTACHMENTI-PAYMENT BOND...................................................................................................................................47 ATTACHMENT J-DAVIS BACON WAGE DETERMINATION..........................................................................................49 ATTACHMENTK-GENERAL CONDITIONS.....................................................................................................................66 ATTACHMENTL-SPECIAL PROVISIONS..........................................................................................................................195 ATTACHMENT M-EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS........................................231 ATTACHMENT N-EDA NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION..............................................257 ATTACHMENT O-LOBBY RESTRUCTION FORM(FORM CD-512).............................................................................258 ATTACHMENT P-CONTAMINATED SOIL TESTING RESULTS......................................................................................260 ATTACHMENTQ-GEOTECHNICAL REPORT................................................................................................................274 ATTACHMENT R-SERVICE PROVIDER LETTER.............................:.........................................................................275 ATTACHMENTS-USACE PERMIT.............................................................................................................................285 ATTACHMENTT-DSL PERMIT...................................................................................................................................3 49 ATTACHMENT U-RAILROAD FLAGGING AND ON-TRACK PROTECTIVE SERVICES AGREEMENT...................350 ATTACHMENT V-EDA PROJECT SIGN SPECIFICATIONS........................................................................................354 DRAWINGS FY 2018-95047(SW WALL STREET IMPROVEMENT) SHEETS C1-L4.0 DATED:OCTOBER 12,2017 31Page ATTACHMENT A—BIDDER'S CHECKLIST CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 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—ACKNOWLEDGMENT OF ADDENDA ATTACHMENT D—BID CERTIFICATION ATTACHMENT E — FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: within Z hours of Bid Closing. 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 Improvement Contract. 41Page ATTACHMENT B—BID CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 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: SW Wall Street Improvement Bid Due Date: Thursday,December 28,2017 Name of Submitting Firm: The Undersigned(check one oftie follo wing and provide additional inforrnationJ: 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 �4 A corporation organized under the laws of the State of 11 as4t•.%n�)a2m :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: 7wumillien-I�rGE�uhdr� �,cusancl�•,���unr�rr� ;Jjm41nyee and 50 /100 Dollars and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract Documents,and forms. Submission of this Bid shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition to be encountered, as to the character, quality- and scope of work to be performed,the quantities of materials to be furnished,and as to the requirement of the Contract Documents. Accompanying herewith is a Bid Security=which is equal to ten percent(10%) of the total amount of the Bid. 5 1 P 'l BID SCHEDULE CITY OF TIGARD SW MALL STREET IMPROVEMENT PROJECT BASE BID SCHEDULE Addendum 5 Item No. Sec Item Description Quantity Unit Unit Price '.Cora(Price 1. 00210 Mobilization 1 L.S. U 0 43 4-.b$ (na,te3 A.6% 2. 00210 Demobilization 1 L.S. 1 U,q 3. 00225 Temporary Protection and I L.S. 1'], 119.U7- 11,119.62. Direction of Traffic 4. 00225 Flaggers 640 HR 5 Z,o$ 36,3 31.�© 5. 00225 1"wable Changeable Message Signs 2 E,A 15,US Z. L 1, 2- 6. 00280 Erosion Control 1 L.S. 11,.x,cW S. 40 1 L, 9c,S 40 7. 00290 Pollution Control Plan 1 L.S. t t 35 t. 14 1 351.'114 8 00294 Contaminated Soil Removal and 1 F-A Disposal 9. 1 00305 Construction Survey Work 1 L.S. 3p,q t l.r, 36 30,4 I V.'3U 10. 00310 Removal of Structures and 1 LS. '3 q$� R Obstructions 11. 003'10 Removal of Curbs 244 L.F. ,, 6 4 1 10 4 . I V 12. 00310 Removal of Walks 25 S.Y. %3.519 2, o8Ct . So, 13. 00310 Removal of Inlets 3 EA -,Z,11, 371 L,'13. t 1 14, 00310 Removal of Concrete Pavement 676 S.Y. 14. og cl A 524 . $4 15. 00310 Removal of Asphalt Pavement 6,439 S.Y. 4 . l 4 Z tJ V 5'1, 4 L, 16. 00320 Clearing and Grubbing 1 M. 1 -2 5 S3C.U7 25 5-6U U-1 17. 00330 General Excavation 7,731 C.Y. L'. t L A-1 V rL.q t, 18. 00331 12-Inch Subgrade Stabilization 52 S.Y. 23. '% 1 1 4 AU . la 4 19. 00344 Treated Subgrade,12 Inches Thick 7,569 S.Y. Z 11 IS, '10, S9 20, 00344 Portland Cement 449 Ton 134,L,'2.. u Q AAA. 3"o 21. 00,390 Loose Riprap,Class 50 2 CY 9 L, 22. 00390 Loose Riprap,Class 200 11 CY 131, 22 1 A 4--:5. i 23. 00405 Trench Foundation 94 C.Y. g A ,14 4 t 4 l U 24. 00405 Dmratering I L.S. -Z I 1 .L,3 Z, , is 3 25. 00430 8Inch Drain Pipc 1,361 L.F. 1 1. 55 15 "1 l 55 26. 00430 3/4 Inch-1/4 Inch Clean Crushed 60 C.Y. LJO.. V i 3,V 34. 4 O Drain Rock _ 27. 00430 1-1/2 Inch-3/4 Inch Clean 302 C.Y. Crushed Drain Rock 4 1 4,V b'1,-1 A- 28. 00445 6 Inch D3034 PVC Sanitary Sewer 49 L.F. Ct u .$$ A,14-1.12 Pipe F29 04445 8Inch D3034 PVC Sanitary Sewer 878 LF L! ,21 Pipe 6 1 Page BASE BID SCHEDULE Addendum 5 Item No. Spec Item Description Quantity Unit Unit Price Total Price 30. 00445 Pi Inch C900 PVC Sanitary Setiver 100 L.F. 31. 00445 10 inch C900 PVC Storm Pipe 93 L.F. I- .24 1 1 9 Z6 . 32 32. 00445 10 Inch D3034 PVC Storm Pipe 356 L.F. -4 S,9.1 IQ, 3 us• 3�- 33, 00445 12 Inch D3034 PVC Storm Pipe 1019 LF. 5 2 .7-2- 53 '212- .kT 34. 00445 18 Inch F679 PVC Storm Pipe 887 L.F. "61.40 11 SZ-6. "dC�' 35. 00445 18 Inch DI CL 51 Storm Pipe 390 L.F. 1$ ,$4 3 c, 1 A-1.t+o 36. 00470 Concrete Inlets,Type Beehive 7 EA 1 I a •'I 37. 00470 Concrete Inlets,Type CG-2 5 EA 522.. -IS 38. 00470 Concrete Inlets,Type CG-30 1 EA 1 17-q-Z,Oct 1 Z 2. O 9 39 00470 Concrete Storm Sewer-Manholes,72 Inch 1 EA 9 0 1 9 9. 0 0� I cn ..SL- 40. SC.40. 00470 Concrete Storm Sewer-Manholes,4812 E2 e� Inch ,1,8$ •.�� 41. 00470 Concrete Sanitary Sewer-Manholes, 5 48 Inch ,p9O' 1� 450• 42, 00470 Cast Iron Monument Boxes 4 EA 3 9 4.oz 1,51U. 08 43. 00490 Filling Abandoned Structures 18 C.Y. 1(14.5(- 44. g4.5(-44. 00490 Connection to Existing Structures 1 EA 114 . l '11 de.15 45. 00490 8 Inch Connection to Existing Pipe 1 EA 1 1 4. IS , 1 L} 1 S 46. 00490 36 Inch Connection to Existing 1 EA Pi e 47. 00490 pe 8 Inch Connection to Existing 1 EA3 p 1a1, 3 9 3 D ta-1, '3 9 48 00641 3/4 Inch-0 Aggregate Base 735 C.Y. Q 3.S7 32,0,'Z-6. R-9 49. 00641 1-1/2 Inch-0 Aggregate Base 36 C.Y. ► .9 9 2 k?-Bt. u4 50. 00740 Commercial Asphalt Concrete 255 TON 3 Z, LCA. 9 b Pavement _ 51, 00745 Level 2,1/2"Dense ACP Mixture 3,509 TON 9, o"2- 52. 00759 Concrete Curbs,Standard Curb 691 L.F. 2 C, .S's 1 8 33 Z.2 3 53. 00759 Concrete Curbs,Curb&Gutter 1,527 L.F. 2 g, 1'1 A 4 5 qZ, '4 54. 00759 Concrete Curbs,Thickened Curb 1,357 L.F. 3 1y9, 9-i % -3 1 and Gutter ' $ 55. 00759 Concrete Curbs,Modified 1,433 L.F. -6-1. 3s I VS l'1 l,5 5 56. 00759 Concrete Driveways,Reinforced 3,763 S'F' q,la yy ?-A3 3 n 57. 00759 Concrete Walks 17,998 S.F. V. 51 t 11 -AU,91, 58. 00759 Concrete Landing and Stairs 1 L.S. '%,I 0- 14 130.-14 59. 00759 Integral Concrete Wall 203 S.F. L.a S'Z O 13 1 cis . Cl-1 60. 00759 Concrete Curb Cuts 38 EA ''kj=. 6O 61. 00759 Concrete Check Dam 72 L.F. -Z 1 . U 3 '2 0 2"1'1. 3L► 62. 00865 Methyl methacrylate,Extruded or 9,868 L.F. 'Z, •�� 'z o,3Z$.o� S gra yed,Surface,Non-Profiled 71Pa.ge BASE BID SCHEDULE Addendum 5 Item No. S Sec Item Description Q uantity Tunit Unit Price Total Price 63. 00867 Pavement Legend,Type AB, 8 EA 3oq. $C> 4 o Arrows ' 64. 00867 Pavement Legend,Type AB,Bicycle 7 RA 2,2 Ate. Al Lane Stencil 65. 00867 Pavement Legend,Type AB,On- 4 EA I g V 9 4-13, Ile Street Parkin 66. 00867 Pavement Bar,Type B-HS 118 S.F. 67. 00905 Remove Existing Signs 1 L.S. (j C U Lo o(o 68. 00940 Permanent Signing 1 L.S. 15101-3. 69. 00940 EDA Project Sign 1 L.S. ( 48 5.3'I t 411, 31 70. 00942 Street Barricade 71. 00970 Pole Foundations 1 L.-So 23 995. i 2 9gS i�- 72. 00970 Switching,Conduit,and Wining 1 J-S. 3 c2 1 11 73. 01030 Temporary Seeding 5036 S.Y. , Ti l el le 4. c-,,'4 74. r01040 SoilTesting 1 EA 1,U B 9..%0 l U%9 .I D 75. 01040 Planting Soil 302 C.Y. 1�'l,31 t tl 2$ Li2 76. 01040 Stomzwater Planting Soil 554 C.Y. 77. 01040 Deciduous Trees,2 Inch Caliper 63 EA at 2 9.2-i _ 2-1 Ci 4 -Z 5 78. 01040 Shrubs#1 7,466 EA I S .1'1 l 1"1 -1-5,9. $2- 79. 0'1040 Shrubs#2 721 EA 2.1, C�Ar 19 s . %4 80. 01040 Bark Mulch 30 C.Y. b2 ( S S 4. 81. 01040 Rock Mulch 41 C.Y. -13 22 3 opt. 07- 82. 01040 Root Barrier 1,350 L.F. 1�,`io 1A, q-AS. o0 83. 01040 12 Mo.Afaintenance 1 L.S. 1-1 84. 01095 Precast Concrete Parking Stop 8 FA 140-17- 85. 40,1'2..85. 01120 Irrigation 1,263 S.Y. 5.1v 5 -1 S A.8 6 Inch Potable Water Pipe with 96 L.F. 86. 0114{) joint Restraints and Class B Backfill 1 c�-c:> . 4 4 9, L,4 2 4 87 01140 8 Inch Potable Nater Pipe with 181 LF. joint Restraints and Class B Backfill 88. 01140 12 Inch Potable Water Pipe with 2,091 L.F. rj c� -1-� V2-4,g-1 ck O-1 _ oint Restraints and Class B Backfill 89, 01140 8 Inch Small DI Fitting with Joint 7 RA .1 .1 Z '3 5,3 c� Restraints 90. OI 140 12 Inch Small DI Fitting with Joint 4 -1'col Restraints ' 91. 01140 12 Inch Large DI Fitting with Joint 12 EA ���� g Z 11 x-11 k. C>ar Restraints 92. 01140 Temporary Blowoff Assembly 4 Etl p-Z�, 52 4 , C1% 93, 01140 Concrete Straddle Block 1 E.A I -L471. 13 k Zq1 . 13 E95401150 8 Inch Gate Valve 5 EA01150 12 Inch Butterfly Valve 4 EA i A36.O L' 5 -14 A, -2.4 8 ( Page BASE BID SCHEDULE Addendum 5 Item No. Sec Item Description Quantic= Unit Unit Price Total Price 96. 01150 12 inch Tapping Sleeve and 12 Inch 1 EA Valve Assembly 97. 01150 Irrigation Double Check Valve 1 EA 3 9142. �b 3,g Q2 .`$1e Assembly 98. 01160 Hydrant Assemblies 5 EA 3 9 L-6.33 1911 L.P. L'S 99 01170 1-1/2 Inch Nater Service 1 EA 2 439. og pq Connections 100. 01170 2 Inch Nater Service Connections 3 EA 2 1 O3 36 101. 01170 1 Inch Combination Air Vacuum 1 EA 1 �`�g`\.oc 1 ,19a .tC-% Valve _ Subtotal Base Bid: 212 0O.,(o160.l3 ADDITIVE AJ.TERNATE`A'BID SCHEDULE Item No- Sec Item Descri tion Quantity Unit Unit Price Total Price 102. 00330 General Excavation 156 CY .4-1-6 1$ '7A5, UT 103, 00344 Treated Subgtade,12 Inches Thick 749 S.Y. b2 L- 1 S5.fig 104. 00344 Portland Cement 44 Ton , 14L U A. -24 105. 00745 Level 2,1/2"Dense ACP 1•lixture 343 Ton -1-1.-13 2 V l.Cs1.39 106, 00759 Concrete Curbs,Standard Curb 735 LF 2 V, �4 19 -�2-1 A c� 107. 00759 Concrete Walks 2,095 SF V .5t4 l-6:145 Z.o 108. 00759 Concrete Driveways,Reinforced 278 SF kA.. M 3 9a 5 --3U 109. 00865 Methyl Methacrylate,Extruded or 4,898 L.F. S ra=ed,Surface,Non-Profiled -1 . bu 1�'�$9.'% '$$ 110. 00867 Pavement Legend,Type AB,Bicycle Lane 4 EA 3 Z o Ce I t-Z$4. 'Z Stencil 111. 01050 Type CL-6 Chain Link Fence 600 LF 28 1 Lo 1 t Bg o Additive Alternate'A'Bid: °t Grand Total Bid: (Strbtoterl Base Jaid A.,t;ou)tt+Additii,e Altet7iate A'Bid Atrrmtnt Z i 3 do,553§ Grand Total Bid Amount in words: p p "r�lo Mni�l or+-4�r.tteV nAre8 -6. ,sa ' nff.�-,IAtt-A 4wetDoJlars And_ Cents 9 1 Page The Undersigned understands that if the City of Tigard awards the contract,the award will be given to the lowest responsive,responsible,qualified bidder submitting the lowest bid proposal acceptable to the City of Tigard.The`lowest responsive,responsible,qualified Bidder'shall be determined from the Base Bid plus the Additive Alternate Bid Schedules,if selected by the City of Tigard.To be considered responsive the bidder shall submit a price on each and every item of work included in the Base Bid and Additive Alternate`A'Bid schedules.The City of Tigard shall consider bids as it suits the City of Tigard's best interests,in the following prioritization order: 1. Subtotal Base Bid bins Additive Alternate`A'Bid 2. Subtotal Base Bid No adjustment shall be made to Contract Time if the Additive Alternate`A'bid schedule is selected as part of the Contract Award. 10 1 Page The Undersigned agrees,if awarded the Contract, to execute and deliver to the City of Tigard,within ten (10) days after receiving the Contract forms,a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent (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 {GILL,Iua%Ae_ M,r{ al The Undersigned hereby authorizes said surety(ies) company(ies) to 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 agrees,if awarded the Contract, to execute and deliver to the City of Tigard,within ten (10) days after receiving the Contract forms, a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent (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 h�c�tiwr�u 11ae �s of . The Undersigned hereby authorizes said surety(ies) company(nes) to 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❑ 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 Undersigned's CCB registration number is 1 Q A 2 tJ U with an expiration date of to/t 4/Ig . 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. 111 Page 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. 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 I)e pt.o f L 4 S Policy No. 13 4%64-m•4 . and that Undersigned shall submit Certificates of Insurance as required. Name of Company: Company Address: WA,. 9 $6-1 Ar Federal Tax ID: 2'1- 0 Z 1;ZZ',L Telephone: 3 Loo. 22 S V 3 Z3 - - - Email: ❑,1 La C �'1�. C_orr� 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: C_1nYI s C r eog Q n �ve.s i de x►�- Date: 112/1-0 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(289/6)backup withholding. 12 1 Page 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 SW WALL STREET IMPROVEMENT PROJECT Following are the measurement and payment descriptions for the various Bid items included in the SW Wall Street Improvement project. Descriptions reference and/or modify sections of the 2015 Oregon Standard Specifications for Construction where applicable. BID ITEM NO.1. MOBILIZATION Comply with Section 00210 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS) basis per Section 00210.80 of the Standard Specifications. Payment shall be per Section 00210.90 of the Standard Specifications, including all preparatory work and operations necessary for the movement of personnel,equipment,materials and incidentals to the project site and for all other costs incurred before the beginning of work as well as any other work included in the Contract Documents which is not specifically listed in other Bid items. The amounts paid for mobilization in the Contract progress payment will be based on the percentage of the Original Contract amount that is earned from other Contract items. When 5%is earned,either 50%of the amount for mobilization or 5%of the original Contract amount,whichever is the least. When 10%is earned,either 100%of mobilization or 10%of the original Contract amount,whichever is the least. When all work is completed,amount of mobilization exceeding 10%of the original Contract amount. This schedule of mobilization progress payments will not limit or preclude progress payments otherwise provided by the Contract. 13 1 Page BID ITEM NO.2. DEMOBILIZATION Comply with Section 00210 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00210.80 of the Standard Specifications. Payment shall be per Section 00210.90 of the Special provisions and shall include removal of construction facilities,including all utilities,and equipment off the Site and final cleanup of the Site after completion of the Project. BIDITEM NO.3. TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC Comply with Section 00225 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00225.80 of the Standard Specifications. Payment shall be per Section 00225.90(a)(1) of the Standard Specifications, including all labor, equipment, materials and all other miscellaneous incidentals and work necessary for installing,maintaining,and removing all necessary traffic control measures. BID ITEM NO.4. FLAGGERS Comply with Section 00225 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on an hourly(HR)basis per Section 00225.87 of the Standard Specifications. Payment shall be per Section 00225.90(a)(2) of the Standard Specifications, including all labor, equipment, materials and all other miscellaneous incidentals and work necessary for flagging work. BID ITEM NO.5. PORTABLE CHANGEABLE MESSAGE SIGNS Comply with Section 00225 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 00225.86 of the Standard Specifications. Payment shall be per Section 00225.90(a)(2) of the Standard Specifications, including all labor, equipment, materials and all other miscellaneous incidentals and work necessary for installing,maintaining,and removing the portable changeable message signs. BID ITEM NO,5. EROSION CONTROL Comply with Section 00280 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS) basis per Section 00280.80(a) of the Standard Specifications. Payment shall be on a lump sum basis per Section 00280.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to install and maintain all erosion control measures required including, but not limited to: maintaining erosion and sediment control at the project site daily, daily street sweeping of work area if sediment is tracked onto paved surfaces, and application of dust control measures as required, inlet protection and sediment fence installation and maintenance, weekly cleanup and disposal of 14 1 Page construction debris and waste materials,weekly cleanup of the debris captured by sediment controls,replacement during the project when necessary or directed,and removal of all erosion control items at the completion of the project. BID ITEM NO.7. POLLUTION CONTROL PLAN Comply with Section 00290 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS)basis per Section 00290.80 of the Standard Specifications. Payment shall be on a lump Sum basis per Section 00290.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to develop and submit an approved pollution control plan and comply with the requirements of the specifications. BID ITEM NO.8. CONTAMINATED SOIL REMOVAL AND DISPOSAL Comply with Section 00294 of the Special Provisions. Contaminated Soil Removal and Disposal Bid includes labor, equipment and materials to perform additional work as directed by the Engineer. Bid item amount pre-determined by City. Measurement and payment of work under this Bid item shall be on a negotiated basis between the Contractor and Engineer agreed upon prior to the work being performed.No work under this Bid item shall be paid unless authorized in writing by the Engineer. BID ITEM NO.9. CONSTRUCTION SURVEY WORK Comply with Section 00305 of the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00305.80. Payment shall be on a lump sum basis per Section 00305.90 and shall include all labor,equipment,materials and other incidentals and work necessary to complete construction survey work in accordance with ODOT's "Construction Surveying Manual for Contractors"and this project's contract documents. BID ITEM NO,10. REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a lump sum(LS)basis per Section 00310.80. Payment for this item shall be on a lump sum basis per Section 00310.91 and represents full payment for all labor, equipment, and materials necessary to remove, haul and dispose of all structures and obstructions required, excluding those which are paid under other bid items. BID ITEM NO.11. REMOVAL OF CURBS Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a linear foot(LF) basis per Section 00310.80. 15 1 Page Payment for this item shall be on a linear foot basis per Section 00310.91 and represents full payment for all labor, equipment, and materials necessary to remove, haul and dispose of curbs as shown on the Plans and as directed by the Engineer. BID ITEM NO. 12. REMOVAL OF WALKS Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a square foot(SF) basis per Section 00310.80. Payment for this item shall be on a square foot basis per Section 00310.91 and represents full payment for all labor,equipment,and materials necessary to remove,haul and dispose of concrete walks as shown on the Plans and as directed by the Engineer. BID ITEM NO.13. REMOVAL OF INLETS Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 00310.80. Payment for this item shall be on a per each basis per Section 00310.91 and represents full payment for all labor, equipment,and materials necessary to remove,haul and dispose of inlets and catch basins as shown on the Plans and as directed by the Engineer. BID I'T'EM NO. 14. REMOVAL OF CONCRETE PAVEMENT Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a square yard(SY) basis per Section 00310.80. Payment for this item shall be on a square yard basis per Section 00310.91 and represents full payment for all labor, equipment, and materials necessary to sawcut, remove, haul and dispose of concrete pavement as shown on the Plans and as directed by the Engineer. BID ITEM NO. 15, REMOVAL OF ASPHALT PAVEMENT Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a square yard (SY) basis per Section 00310.80. Payment for this item shall be on a square yard basis per Section 00310.91 and represents full payment for all labor,equipment,and materials necessary to sawcut,remove,haul and dispose of asphalt pavement as shown on the Plans and as directed by the Engineer. BID ITEM NO. 16. CLEARING AND GRUBBING Comply with Section 00320 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00320.80. 161Page Payment shall be on a lump sum basis per Section 00320.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to remove and dispose of vegetation,roots,plants,and strippings within the footprint of the work areas. It is the intent of the City that impacts to existing vegetation be minimized to the extent possible in areas outside of the work area footprint. Removal of shrubs,trees,and other landscaping that are outside of the footprint of the work areas shall be replaced by the Contractor at his expense. BID ITEM NO. 17. GENERAL EXCAVATION Comply with Section 00330 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis according to the project's digital terrain model per Section 00330.81. Payment shall be on a cubic yard basis per Section 00330.93 including all labor, equipment, materials and other incidentals and work necessary to excavate, haul off, dispose of excess excavated material, and use excavated material to construct embankment fill. Payment for fine grading and subgrade compaction shall be considered incidental to this bid item. BID ITEM NO.18. 12-INCH SUBGRADE STABILIZATION Comply with Section 00331 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square yard (SY) basis per Section 00331.80. Payment shall be on a square yard (SY) basis per Section 00331.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to construct stabilized subgrade. BID ITEM NO.19. TREATED SUBGRADE,12 INCHES THICK Comply with Section 00344 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square yard(SY) basis per Section 00344.80. Payment shall be on a square yard basis per Section 00344.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to construct treated subgrade to the depths and at the locations shown on the Plans and as directed by the Engineer, including coordination, meetings, subsurface exploratory excavations,and vacuum sweeping of finished surface. BID ITEM NO.20. PORTLAND CEMENT Comply with Section 00344 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per ton basis per Section 00344.80. Payment shall be on a per ton basis per Section 00344.90 including all labor, equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place Portland cement for use in constructing treated subgrade. BID ITEM NO.21. LOOSE RIPRAP, CLASS 50 BID ITEM NO. 22, LOOSE RIPRAP, CLASS 200 171Page Comply with Section 00390 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CI) basis per Section 00390.80. Payment shall be on a cubic yard basis per Section 00390.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place riprap where shown on the Plans and as directed by the Engineer. BID I'T'EM NO.23. TRENCH FOUNDATION Comply with Section 00405 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis per Section 00405.80 for trench foundation constructed as directed by the Engineer. Payment shall be on a cubic yard basis per Section 00405.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place trench foundation as directed by the Engineer. BID ITEM NO.24. 'DEWATERING Comply with Section 00405 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00405.80 for dewatering. The Contractor may expect-some groundwater within excavations,but likely no greater than the quantity which can be removed by a sump pump pumping 100 gallons per minute. Payment shall be on a lump sum basis per Section 00405.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to dewater all excavations,treat water,and discharge treated water in accordance with local,state,and federal requirements. BID ITEM NO.25. 8 INCH DRAIN PIPE Comply with Section 00430 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF) basis per Section 00430.80. Payment shall be on a linear foot basis per Section 00430.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish, install, and connect drain pipe within stormwater planters. BID ITEM NO.Z6. 3/4 INCH -1/4 INCH CLEAN CRUSHED DRAIN ROCK BID ITEM NO.27. 1-1/2 INCH -3/4 INCH CLEAN CRUSHED DRAIN ROCK Comply with Section 00430 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis per Section 00430.80. Payment shall be on a cubic yard basis per Section 00430.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place clean crushed drain rock. 18 1 Page BID ITEM NO.28. 6 INCH D3034 PVC SANITARY SEWER PIPE BID ITEM NO.29. 8 INCH D3034 PVC SANITARY SEWER PIPE BID ITEM NO.30. 8 INCH C900 PVC SANITARY SEWER PIPE Comply with Section 00445 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF)basis per Section 00445.80. Payment shall be on a linear foot basis per Section 00445.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish, install, and connect sanitary sewer pipe. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.31. 10 INCH C900 PVC STORM PIPE BID ITEM NO.32. 10 INCH D3034 PVC STORM PIPE BID ITEM NO.33. 12 INCH D3034 PVC STORM PIPE BID ITEM NO,34, 18 INCH F679 PVC STORM PIPE BID ITEM NO.35. 18 INCH DI CL 51 STORM PIPE Comply with Section 00445 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF) basis per Section 00445.80. Payment shall be on a linear foot basis per Section 00445.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish, install, and connect storm sewer pipe. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO,36. CONCRETE INLETS,TYPE BEEHIVE BID ITEM NO.37. CONCRETE INLETS,TYPE CG-2 BID ITEM NO.38. CONCRETE INLETS,TYPE CG-30 Comply with Section 00470 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 00470.80. Payment shall be on a per each basis per Section 00470.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install concrete inlets,including excavation,haul and disposal of spoils, bedding and backfill, and concrete inlet. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.39, CONCRETE STORM SEWER MANHOLES,72 INCH BID I'T'EM NO.40, CONCRETE STORM SEWER MANHOLES,48 INCH BID ITEM NO.41. CONCRETE SANITARY SEWER MANHOLES,48 INCH Comply with Section 00470 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 00470.80. Payment shall be on a per each basis per Section 00470.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install concrete manholes,including excavation,haul and disposal of spoils, bedding and backfill, and concrete manhole. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. 19 1 Page BID ITEM NO.42. CAST IRON MONUMENT BOX Comply with Section 00470 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each(EA)basis per Section 00470.80. Payment shall be on a per each basis per Section 00470.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install Cast Iron Monument Boxes, including excavation, haul and disposal of spoils, bedding and backfill, and cast iron monument boxes per the contract plans. BID ITEM NO.43. FILLING ABANDONED STRUCTURES Comply with Section 00490 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis per Section 00490.80. Payment shall be on a cubic yard basis per Section 00490.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to fill abandoned structures with controlled low strength material. BID ITEM NO.44. CONNECTION TO EXISTING STRUCTURES Comply with Section 00490 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 00490.80. Payment shall be on a per each basis per Section 00490.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to make connections between proposed pipe and existing structures. BID ITEM NO.45. 8 INCH CONNECTION TO EXISTING PIPE BID ITEM NO.46, 36 INCH CONNECTION TO EXISTING PIPE BID ITEM NO.47. 48 INCH CONNECTION TO EXISTING PIPE Comply with Section 00490 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 00490.80. Payment shall be on a per each basis per Section 00490.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to make connections between existing and proposed pipe segments. BID ITEM NO.48. 3/4 INCH—0 AGGREGATE BASE BID MM NO.49. 1-1/2 INCH -0 AGGREGATE BASE Comply with Section 00641 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CI) basis per Section 00641.80. Payment shall be on a cubic yard basis per Section 00641.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,grade,and compact aggregate base. BID ITEM NO,50, COMMERCIAL ASPHALT CONCRETE PAVEMENT 20 1 Page BID ITEM NO.51. LEVEL 2,1/2" DENSE ACP MIXTURE Comply with Section 00745 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a tonnage(TON)basis per Section 00745.80. Payment shall be on a tonnage basis per Section 00745.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,grade, compact,and finish asphalt pavement of the type noted. No separate or additional payment will be made for leveling,quality control testing,tack coat. BID ITEM NO.52. CONCRETE CURBS, STANDARD CURB BID ITEM NO.53. CONCRETE CURBS, CURB & GUTTER BID ITEM NO.54. CONCRETE CURBS,THICKENED CURB AND GUTTER BID ITEM NO.55. CONCRETE CURBS,MODIFIED Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF) basis per Section 00759.80. Payment shall be on a linear foot basis per Section 00759.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish concrete curb. BID ITEM NO.56. CONCRETE DRIVEWAYS,REINFORCED Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF) basis per Section 00759.80. Payment shall be on a square foot basis per Section 00759.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish, place, reinforce, joint, and finish concrete driveways. BID ITEM NO.57. CONCRETE WALKS Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF) basis per Section 00759.80. Payment shall be on a square foot basis per Section 00759.90 including all labor, equipment,materials, and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish concrete walks. BID ITEM NO. 58. CONCRETE LANDING AND STAIRS Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00759.80. A total of approximately one cubic yard of commercial grade concrete and two, 6-foot long pieces of steel reinforcement (size #5) will be necessary to construct this work item. Payment shall be on a lump sum basis per Section 00759.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish, place, reinforce, joint, and finish concrete landing and stairs. 211 Page BID ITEM NO.59. INTEGRAL CONCRETE WALL Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF)basis per Section 00759.80 for exposed finished wall surface,with no deduction made for overlap with concrete sidewalk. Payment shall be on a square foot basis per Section 00759.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish concrete wall. BID ITEM NO.60. CONCRETE CURB CUTS Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 00759.80. Payment shall be on a per each basis per Section 00759.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish concrete curb cuts,including curb cut and splash pad,metal inlet assembly,energy dissipater drain rock,and filter fabric. BID ITEM NO.61. CONCRETE CHECK DAM Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 00759.80. Payment shall be on a per each basis per Section 00759.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish, place, joint, and finish concrete check dam,including check dam and reinforcement,weep holes,energy dissipation pad of splash rock,and connections between check dam and curbs. BID ITEM NO.62, METHYL METHACRYLATE, EXTRUDED OR SPRAYED, SURFACE, NON-PROFILED Comply with Section 00865 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF)basis per Section 00865.80. Payment shall be on a linear foot basis per Section 00865.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install methyl methacrylate pavement markings as shown on the Plans. BID ITEM NO,63, PAVEMENT LEGEND,TYPE AB,ARROWS BID ITEM NO.64. PAVEMENT LEGEND,TYPE AB, BICYCLE LANE STENCIL BID ITEM NO.65. PAVEMENT LEGEND,TYPE AB, ON-STREET PARKING Comply with Section 00867 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each(EA)basis per Section 00867.80. 22 1 Page Payment shall be on a per each basis per Section 00867.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install pavement legends as shown on the Plans. BID ITEM NO.66. PAVEMENT BAR,TYPE B-HS Comply with Section 00867 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF) basis per Section 00867.80. Payment shall be on a square foot basis per Section 00867.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish and install pavement bar markings as shown on the Plans. BID ITEM NO.67. REMOVE EXISTING SIGNS Comply with Section 00905 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS)basis per Section 00905.80. Payment shall be on a lump sum basis per Section 00905.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to remove signs, supports, and support footings, and to either dispose of or salvage to Owner as directed. BID ITEM NO,68, PERMANENT SIGNING Comply with Section 00940 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS)basis per Section 00940.80. Payment shall be on a lump sum basis per Section 00940.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install street signs,supports,and support footings. BID ITEM NO.69. EDA PROJECT SIGN Comply with Section 00940 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00940.80. Payment shall be on a lump sum basis per Section 00940.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install the EDA project sign, connections, sign supports, and sign support footings. Payment also includes removal and disposal of the sign upon project completion. BID ITEM NO.70. STREET BARRICADE Comply with Section 00942 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00942.80. Payment shall be on a lump sum basis per Section 00942.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install the permanent street barricades shown on the Plans. 23 1 Page BID ITEM NO.7L POLE FOUNDATIONS Comply with Section 00970 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS) basis per Section 00970.80. Quantities are shown in the Plans Payment will be payment in full per Section 00970.90 for pickup of precast pole foundation from PGE or footing manufacturer, delivery to the job site, and for furnishing all equipment, labor, and incidentals necessary to complete the light pole foundation installations as specified. No separate or additional payment will be made for labeling the lights and poles. BID ITEM NO.72. SWITCHING, CONDUIT,AND WIRING Comply with Section 00970 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS)basis per Section 00970.80. Payment shall be on a lump sum basis per Section 00970.90 and includes all switches,conduit, cabinets,wiring, delineators,junction boxes,and other items required to construct the lighting system as specified. BID ITEM NO.73. TEMPORARY SEEDING Comply with Section 01030 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a square yard(SY) basis per Section 01030.80. Payment for this item shall be on a square yard basis per Section 01030.90 and represents full payment for all labor,equipment,and materials necessary to complete temporary seeding. BID ITEM NO.74. SOIL TESTING Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01040.80. Payment shall be on a per each basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to complete soil sampling,testing,analyses,and reports. BID I'T'EM NO.75. PLANTING SOIL Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis per Section 01040.80. Payment shall be on a cubic yard basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,and grade planting soil. BID ITEM NO.76, STORMWATER PLANTING SOIL Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. 24 1 Page Measurement shall be on a cubic yard (CY) basis per Section 01040.80. Payment shall be on a cubic yard basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,and grade planting soil. BID ITEM NO.77. DECIDUOUS TREES,2 INCH CALIPER Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01040.80. Payment shall be on a per each basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and plant trees. BID ITEM NO.78. SHRUBS#1 BID ITEM NO,79. SHRUBS#2 Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01040.80. Payment shall be on a per each basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and plant shrubs. BID ITEM NO.80. BARK MULCH Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis per Section 01040.80. Payment shall be on a cubic yard basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place, and grade bark mulch. BID ITEM NO.81. ROCK MULCH Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis per Section 01040.80. Payment shall be on a cubic yard basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,and grade rock mulch. BID ITEM NO.M ROOT BARRIER Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF) basis per Section 01040.80. Payment shall be on a linear foot basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install root barrier where shown on the Plans and as directed by the Engineer. 25 Page BID ITEM NO.83. 12 MO.MAINTENANCE Comply with Section 01040 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS)basis per Section 01040.80. Payment shall be on a lump sum basis per Section 01040.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to maintain plants for a twelve-month duration after project acceptance. BID ITEM NO.84, PRECAST CONCRETE PARKING STOP Comply with Section 01095 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01095.80. Payment shall be on a per each basis per Section 01095.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place concrete parking stop,including connection between pavement and parking stop. BID ITEM NO.85. IRRIGATION Comply with Section 01120 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum(LS)basis per Section 01120.80. Payment shall be on a lump sum basis per Section 01120.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to install the irrigation system,complete. BID ITEM NO.86. G INCH POTABLE WATER PIPE WITH JOINT RESTRAINTS AND CLASS B BACKFILL BID ITEM NO.87. 8 INCH POTABLE WATER PIPE WITH JOINT RESTRAINTS AND CLASS B BACKFILL BID ITEM NO.88. 12 INCH POTABLE WATER PIPE WITH JOINT RESTRAINTS AND CLASS B BACKFILL Comply with Section 01140 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF)basis per Section 01140.80. Payment shall be on a linear foot basis per Section 01140.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill,and furnish,install,restrain,connect,flush,and test potable water pipe.All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.89. 8 INCH SMALL DI FITTING WITH JOINT RESTRAINTS BID ITEM NO.90. 12 INCH SMALL DI FITTING WITH JOINT RESTRAINTS BID ITEM NO.91. 12 INCH LARGE DI FITTING WITH JOINT RESTRAINTS Comply with Section 01140 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 01140.80. 26 1 Page Payment shall be on a per each basis per Section 01140.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill, and furnish,install, restrain, connect, flush, and test potable water pipe fittings. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.92. TEMPORARY BLOWOFF ASSEMBLY Comply with Section 01140 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01140.80. Payment shall be on a per each basis per Section 01140.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill,and famish and install temporary blowoff assembly. Coordination with Engineer and City water department will be considered incidental to this bid item.All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.93. CONCRETE STRADDLE BLOCK Comply with Section 01140 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01140.80. Payment shall be on a per each basis per Section 01140.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to construct a concrete straddle block as shown on the Plans and as directed by the Engineer. BID ITEM NO.94. 8 INCH GATE VALVE Comply with Section 01150 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 01150.80. Payment shall be on a per each basis per Section 01150.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill,and furnish and install gate valve. BID ITEM NO.95. 12 INCH BUTTERFLY VALVE Comply with Section 01150 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01150.80. Payment shall be on a per each basis per Section 01150.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill,and furnish and install butterfly valve. BID ITEM NO.%. 12 INCH TAPPING SLEEVE AND 12 INCH VALVE ASSEMBLY Comply with Section 01150 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01150.80. 27 1 Page Payment shall be on a per each basis per Section 01150.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill,and furnish and install tapping sleeve and valve assembly. Coordination with Engineer and City water department will be considered incidental to this bid item. BID ITEM NO.97. IRRIGATION DOUBLE CHECK VALVE ASSEMBLY Comply with Section 01150 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 01150.80. Payment shall be on a per each basis per Section 01150.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill, and furnish and install irrigation double check valve assembly complete as shown on the Plans. Coordination with Engineer and City water department will be considered incidental to this bid item. BID ITEM NO.98. HYDRANT ASSEMBLIES Comply with Section 01160 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01160.80. Payment shall be on a per each basis per Section 01160.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill, and furnish and install hydrant assemblies. Coordination with Engineer and City water department will be considered incidental to this bid item. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.99. 1-1/2 INCH WATER SERVICE CONNECTIONS BID ITEM NO.100. 2 INCH WATER SERVICE CONNECTIONS Comply with Section 01170 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each(EA) basis per Section 01170.80. Payment shall be on a per each basis per Section 01170.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill, and furnish and install service connections. Coordination with Engineer and City water department will be considered incidental to this bid item. All work associated with completing exploratory excavations and trench resurfacing will be considered incidental. BID ITEM NO.101, 1 INCH COMBINATION AIR VACUUM VALVE Comply with Section 01170 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each (EA) basis per Section 01170.80. Payment shall be on a per each basis per Section 01170.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to excavate, haul, dispose of spoils; place, furnish and compact bedding and backfill, and furnish and install combination air and vacuum valve assemblies. Coordination with Engineer and City water department will be considered incidental to this bid item. 28 1 Page BID ITEM NO.102. GENERAL EXCAVATION Comply with Section 00330 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY) basis according to the project's digital terrain model per Section 00330.81. Payment shall be on a cubic yard basis per Section 00330.93 including all labor, equipment,materials and other incidentals and work necessary to excavate, haul off, dispose of excess excavated material, and use excavated material to construct embankment fill. Payment for fine grading and subgrade compaction shall be considered incidental to this bid item. All additional work for this additive alternate bid item related to mobilization,temporary traffic control, erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO.103. TREATED SUBGRADE,12 INCHES THICK Comply with Section 00344 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square yard(SY) basis per Section 00344.80. Payment shall be on a square yard basis per Section 00344.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to construct full depth reclamation to the depths and at the locations shown on the Plans and as directed by the Engineer, including coordination, meetings, subsurface exploratory excavations,and vacuum sweeping of finished surface. All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO.104. PORTLAND CEMENT Comply with Section 00344 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per ton basis per Section 00344.80. Payment shall be on a per ton basis per Section 00344.90 including all labor,equipment,materials, and all other miscellaneous incidentals and work necessary to furnish and place Portland cement for use in constructing treated subgrade. All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BTD ITEM NO,105, LEVEL 2,1/2"DENSE ACP MIXTURE Comply with Section 00745 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a tonnage(TON)basis per Section 00745.80. Payment shall be on a tonnage basis per Section 00745.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,grade, compact, and finish asphalt pavement of the type noted. No separate or additional payment will be made for leveling,quality control testing,tack coat. 29 1 Page All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO. 106. CONCRETE CURBS, STANDARD CURB Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF)basis per Section 00759.80. Payment shall be on a linear foot basis per Section 00759.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish concrete curb All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO. 107. CONCRETE WALKS Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF) basis per Section 00759.80. Payment shall be on a square foot basis per Section 00759.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish concrete walks. All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO. 108. CONCRETE DRIVEWAYS,REINFORCED Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF) basis per Section 00759.80. Payment shall be on a square foot basis per Section 00759.90 including all labor, equipment, materials, and all other miscellaneous-incidentals and work necessary to furnish, place, reinforce, joint, and finish concrete driveways. All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO.109. METHYL METHACRYLATE, EXTRUDED OR SPRAYED, SURFACE, NON-PROFILED Comply with Section 00865 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot (LF) basis per Section 00865.80. Payment shall be on a linear foot basis per Section 00865.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install methyl methacrylate pavement markings as shown on the Plans. 30 1 Page All additional work for this additive alternate bid item related to mobilization,temporary traffic control,erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO.110. PAVEMENT LEGEND,TYPE AB,BICYCLE LANE STENCIL Comply with Section 00867 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each(EA)basis per Section 00867.80. Payment shall be on a per each basis per Section 00867.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and install pavement legends as shown on the Plans. All additional work for this additive alternate bid item related to mobilization,temporary traffic control, erosion control,and construction survey work shall be considered incidental to this bid item. BID ITEM NO,111, 'TYPE CL-6 CHAIN LINK FENCE Comply with Section 01050 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot M basis per Section 01050.80. Payment shall be on a linear foot basis per Section 01050.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to fiunish and install chain link fencing,pots,and all attachments and appurtenances as shown on the Plans. — All additional work for this additive alternate bid item related to mobilization,temporary traffic control, erosion control,and construction survey work shall be considered incidental to this bid item. 311 Page --ATTACHMENT_ C—ACKNOWLEDGMENT OF ADDENDA___ CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: gnone iraimd write `2Vone Receityd 1. 3. Z1 2. 4. 1 Z IZ-1./ 5. Date Signature of Krojokser Title (( C••�•�r,r.lnin ae '1 Corporate Name 32 ATTACHMENT D^BID CERTIFICATION CITY OF MGARD SW WALL STREET IMPROVEMENT PROJECT Non-dindmination 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 receiting awards of any purchase order or Bidder from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by- CV%v►i�,��a n FirmName: l l , Address: '%1S h Officer's signature A� Type or print officer's name: C. 33 T' c ATTACHMENT-E^FIRST TIER SUBCONTRACTOR DISCLOSURE FORM CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT BID#: CIP 2018-95047 CLOSING:Date: December 28.2017 Time: 2:00 gm 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 fiunishing labor or cvill be furnishing labor and materials and that is required to be disclosed,the category-of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). NAME DOLLAR VALUE CATEGORY OF WORK 1) 134 cy' Rye- 2. 12 ,is1-1. 02 3) C y R -T wlac-- r' S 4 t4d c S 5q ,. N I 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 Contact name: Phone M 21 4. 34 .........._. . _ _ ATTACHMENT F-BID BOND - - CITY OF TiGARD SW WALL STREET IMPROVEMENT PROJECT \X/e, Columbia Pacific Construction Inc. as"Principal," (Name of Principal) and Nationwide Mutual Insurance Company ,an_ Ohio Corporation, (Name of Surety) authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind ourselves,our respective hems, executors,administrators,successors,and assigns to pay unto die City of Tigard ("Obligee')the sunt of Ten Percent 10%1 of Bid Amount and 100 Dollars (. 10%of Bid Amount ). WHEREAS,the condition of the obligation of this bond is the Principal has submitted a Bid to the Obligee in response to Obligee's solicitation for the project identified as SW Wall Street Improvement,which Bid is made a part of this bond by reference,and Principal is required to fumish Bid security in an amount equal to ten percent (10%)of the total amount of the Bid pursuant to the solicitation document. NOW,THEREFORE,if the Bid submitted by Principal is accepted,and if a Contract pursuant to the Bid is awarded to Principal,and if Principal enters into and executes such Contract wi6n the time specified in the said documents and delivers to Obligee its good and sufficient Performance Bond and Payment Bond required by Obligee within the time fixed by Obligee,then this obligation shall be void;otherwise,it shall remain in full force and effect. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 28th day of December , 2017 PRINCIPAL:Columbia Pacific Construction.Inc. SURETY,Columbia Pacific Construction Inc. By: — BY ATTORNEY-IN-FACT nature Gl1ri ex" Pv-,v:kde-n+ Taylor Renae Kornell _ Printed Name&Tide Printed Nome, 1--A1V-ek- Attest: a�� o-L- ~ Signature 9380 Station St,Ste. 100 Address Lone Tree,CO 80124 City State Zip 35 Page Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as'the Companies"does hereby make,constitute and appoint: SARA SOPHIE SELLIN MICHAEL S.MANSFIELD JAMIE DIEMER CHRISTOPHER KINYON JULIE R.TRUITT DONALD SHANKLIN JR. MISTI M.WEBB CARLEY ESPIRITU ALICEON A.KELTNER CYNTHIA L.JAY KAREN C.SWANSON DAVID W.ROSS TAYLOR RENAE KORNELL TAMARA A.RINGEISEN PORTLAND OR each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of TEN MILLION AND NO/100 DOLLARS S 10,000,000.00 .and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deriver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed nd duly attested by the signature of its officer the 16th day of February _ 2017 —4 k_1 'W"I!a�,_ � Antonio C.Albanese, Vice President of Nationwide Mutual Insurance Company, National Ad %R�� Casualty Company,AMCO Insurance Company,Allied Property and Casualty Insurance Company r♦ r*.SEAL :SEAL: ACKNOWLEDGMENT '• STATE OF NEW YORK,COUNTY OF NEW YORK:ss 04 �1%■=Ari On this 16th day of February , 2017 ,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the casualt ���� preceding instrument,and he acknowledged the execution of the same,and being by me duly t p '1tis*+ ! ' sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature were IA duly affixed and subscribed to said instrument ''the authority and direction of said Company. ;SEAL'1) BARRY T._ 0/ BASSIS `00 Notary Public,State of New York �IasL¢ Ilk No.02BA4656400 qualified in New York County Notary Public Commission Expires April 30,2019 My Commission Expires CERTIFICATE April 30,2019 I,Parag H.Shah,Assistant Secretary of the Company,do hereby certify thal the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corpora id Company this day of This power of attorney expires:April 30, 2019 BDJ 1(01-17)00 Assistant Secretary 07389 ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT THIS CONTRACT,made and entered into this 12`"day of February,2018,by and between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter called"City" and Columbia Pacific Construction,Inc hereinafter called"Contractor",duly authorized to perform such services in Oregon. RECITALS WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described;and WHEREAS, a portion'of this project, including the work under this contract, shall be, in part, funded with monies from a grant from the Department of Commerce's Economic Development Administration and, as a result,all appropriate federal contracting requirements shall be in place during this work;and WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Contract Documents; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of the following: A. Widening and reconstructing the existing street with treated subgrade and asphalt concrete pavement B. Constructing sidewalks and driveways C. Installing water,stormwater,and sanitary sewer mains with appurtenances D. Installation and planting green stormwater facilities E. Installation of lighting improvements F. Signage,pavement markings,and other miscellaneous improvements 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 Two Million Three Hundred Thousand Five Hundred Fifty Three and 40/100 Dollars ($2,300,553.40) 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. Early Termination A. This Agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute;or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 5. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state,local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, 3) If any license or certificate required by law or regulation to be held by Contractor, its Subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed,or 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this Agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City,by written notice of default(including breach of Contract) to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified herein or any extension thereof,or 2) I£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 not 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 attorney's fees and court costs on appeal. 9. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the appropriate court of the State of Oregon. 10. Indemnification Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including 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" forth (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this Contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage(Any one fire) $50,000 B. Commercial Automobile Insurance: Contractor shall also obtain,at Contractor's expense, and keep in effect during the term of the Contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all employers providing work,labor or materials under this Contract are subject employers under the Oregon 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 Ratin.: 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 Office 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. Primaa Coverage Clarification: All parties to this contract hereby agree that the contractor's coverage will be primary in the event of a loss. H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in all general liability,and pollution policies required by this Contract. 12. Method and Place of Giving;Notice, Submitting Bills and Making Payments All notices,bills and payments shall be made in writing and may be given by email. Notices,bills and payments sent should be addressed as follows: CITY OF TIGARD COLUMBIA PACIFIC CONSTRUCTION,INC Attn: Andrew Newbun, Attn: Chris CreaL,,an _ Address: 13125 SW Hall Boulevard Address: 175 Hansen Lane Tigard,Oregon 97223 _ Woodland WA 98674 Phone: (503) 718-2472 - Phone: {360) 225-6323 F Email: andrewnLWti and-or. ov Email: chris(uc cnw.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. Severabili 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. Federal Funding and Requirements Portions of work covered under this Agreement will be funded through a grant the City has received from the Department of Commerce's Economic Development Administration. As such,all applicable federal requirement shall be in effect and remain so throughout the life of this Agreement. These federal requirements shall include: A. Contracting with Small Business, Minorit� Business Enterprises, and Women's Business Enterprises and Labor Surplus Area Firms The Contractor shall agree to take all necessary affirmative steps to assure that certified small businesses,minority businesses,women's business enterprises, and labor surplus area firms are used when possible when subcontracting for services. Affirmative steps must include: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; 4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;and B. Drug-Free Workplace The Contractor shall comply with the provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. � 8102. C. Debarment and Suspension (Executive Orders 12549 and 12689) Contractor verifies they, or any of their subcontractors, are not listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred,suspended,or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. D. Restrictions on Lobbying—Byrd Anti-Lobbying Amendment (31 U.S.C. � 1352 For Agreements exceeding$100,000 in Federal Funds [as this Agreement does], the Contractor,and their subcontractors, shall be subject to 31 U.S.C. � 1352, as implemented at 15 CFR part 28 ("New Restrictions on Lobbying"). The Contractor,by entering into this Agreement,verifies that they shall complete and submit a "Disclosure of Lobbying Activities" form (Form SF-LLL) regarding the use of non-Federal funds for lobbying. The Form SF-LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Form SF-LLL shall be required of subcontractors as well and handed up to the City. The City shall be responsible for submitting the SF-LLL's from the Contractor and its subcontractors to the Department of Commerce's Project Office within 30 days following the end of the calendar quarter. E. Contracts for more than the simplified acquisition threshold currently set at $150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,contractual,or legal.remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. F. Termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. G. Equal ErriplQyment Opportunity During the performance of this contract,the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising,layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation,gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided by the agency contracting officer,advising the labor union or workers'representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,or orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor,or as otherwise provided by law. 8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Engineer will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States. H. Davis-Bacon Act as amended 40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144,and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. I. Contract Work Hours and Safen• Standards Act (40 U.S.C. 3701-3708) If the employment of mechanics or laborers are made under this Agreement, the Contractor shall comply with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. J. Rights to Inventions Made Under a Contract or Agreement If the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Engineer must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. K. Clean Air Amt(42 U.S.C.7401-7671cU and the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387).as amended Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). L. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6201). M. See §200.322 Procurement of recovered materials. N. Federal Acts Enforced During this Project: The Contractor shall adhere to any requirements from the following during this work: 1) The National Historic Preservation Act of 1966, as amended, and the Advisory Council on Historic Preservation Guidelines 2) The Historical and Archeological Data Preservation Act of 1974, as amended 3) The Architectural Barriers Acts of 1968,as amended 4) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 5) The Energy Conservation and Production Act O. Engineer agrees to follow, and inform their employees, of their rights under 41 U.S.C. § 4712, Pilot Program for Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information, as applicable to their work under this project. 15. 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 at their February 6,2018 business meeting. CITY OF TIGARD COLt CIFIC STRUCTION,INC Y LA-1 �� L Signature Si afore Ll Printed Name&Title Printed Name&Tide (2 Date Date ATTACHMENT H—PERFORMANCE BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT Bond Number: BD756597 Project Name: SW Wall Street Improvement,#95047 Nationwide Mutual Insurance Company (Surety#1) Bond Amount No. 1: $ 2.300.553.40 (Surety#2)* Bond Amount No.2:* $ *If uszng multiple sureties Total Penal Sum of Bond: $ 2,300553.40 We, Columbia Pacific Construction,Inc. as Principal,and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) Two Million Three Hundred Thousand Five Hundred and Fifty-Three Dollars 40/100 (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 Performance Bond by reference,whether or not attached to the Contract(all hereafter called"Contract");and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance,notice of any such modifications hereby being waived by the Surety: NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms of the Contract and performs the Contract within the time prescribed by the Contract,then this obligation is null and void; otherwise it shall remain in full force and effect. If the Contractor is declared by City to be in default under the Contract, the surety shall promptly remedy the default,perform all of Contractor's obligations under the Contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. This obligation jointly and severally binds the Contractor and surety and their respected heirs, executors, administrators, and successors. Nonpayment of the bond premium shall not invalidate this bond 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. 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 12th day of Februai 2018 PRINCIPAL:Xc4umbia.Pacific Construction Inc. \\\ 0 Illlfil/.,/�� B f A _ Signature Z Co : 00"ORA?? , D •— O _ PrinteJName&Title o SEAL Z. 7 \� Attest: ���✓'''' zo i o SURETY: Nationwide Mutual Insurance Comr am ��ll111111��� (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Posner-of-Attorney must accompany each surety bond) Tavlor Renae Kornell.ATTORNEY-IN-FACT Name Signature 9380 Station St,Ste 100 _ Address Lone Tree,CO 80124 City State Zip (720)889-3328 877 277-4690 Phone Fax 46 Page ATTACHMENT I—PAYMENT BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT Bond Number: BD756597 Project Name: SW Wall Street Improvement.#95047 Nationwide Mutual Insurance Company (Surety#1) Bond Amount No. 1: $ 2 300.553.40 (Surety#2)* Bond Amount No. 2:* $ *If using multple sureties Total Penal Sum of Bond:$ 2.300.553.40 We, Columbia Pacific Construction, Inc. as Principal,and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond)Two Million Three Hundred Thousand Five Hundred and Fifty-Three Dollars 40/100 (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 sutra 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. ..................... 47 1 Page 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 12th day of Februari , 2018 PRINCIPI. : Colui is Pacific Construction Inc. By: 7Z;7 Signature \�. . ..O N. . Printed Na e&Title Q ' r � Attest: pFiPOR G A F 0 — m : : Z SURETY:,Nationwide Mutual Insurance Com}iany SEAL _ (Add signatures far each sum*if using multple bonds) ���'!✓,�� 2010 `,����`` BY ATTORNEY-IN-FACT: t i ►.►►► (Panner-of-Attorney must accompany each surety bond) •1 or Renae Kornell. )t EY-IN- CTT Name Signature 9380 Station St Ste. 100 Address Lone Tree,CO 80124 City State Zip (720) 889-3328 (877) 277-4690 Phone Fax 48 Page Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company'and collectively as"the Companies"does hereby make,constitute and appoint: SARA SOPHIE SELLIN MICHAEL S.MANSFIELD JAMIE DIEMER CHRISTOPHER KINYON JULIE R.TRUITT DONALD SHANKLIN JR. MISTI M.WEBB CARLEY ESPIRITU ALICEON A.KELTNER CYNTHIA L.JAY KAREN C.SWANSON DAVID W.ROSS TAYLOR RENAE KORNELL TAMARA A.RINGEISEN PORTLAND OR each in their individual capacity,its true and lawful attomey-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of TEN MILLION AND NO/100 DOLLARS S 10,000,000.00 .and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duty authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deriver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto:provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed not duly attested by the signature of its officer the 16th day of February ____-;?017 . 4�� XL-� ®�RaR Antonio C.Albanese, Vice President of Nationwide Mutual Insurance Company, National w ,.••"' ��� r�.�� �� Casualty Company,AMCQ Insurance Company,Allied Property and Casualty Insurance Company *:SOf E)U5� ACKNOWLEDGMENT ' Ar STATE OF NEW YORK,COUNTY OF NEW YORK:ss �ry� � On this 16th day of February , 2017 ,before me came the above-named officer for the � Company aforesaid,to me personally known to be the officer described in and who executed the CASI.ta1 ��� preceding instrument,and he acknowledged the execution of the same,and being by me duly ,� sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature were ' duly affixed and subscribed to said instrument y the authority and direction of said Company. 3:SEAL BARRY T.BASSIS *AV Notary Public,State of New York / �is�stp ��ti ;1t ' No.02BA4656400 v„'A Qualified in New York County Notary Public Commission Expires April 30,2019 My Commission Expires CERTIFICATE April 30,2019 1,Parag H.Shah,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner,that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corpora id Company this-__ day of �� 13 This power of attorney expires:�I 30, 2019 Assistant Secretary BDJ 1(01-17)00 07389 ATTACHMENT J-DAVIS BACON WAGE DETERMINATION CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 49 Page General Decision Number: OR170001 09/22/2017 ORI Superseded General Decision Number: OR20160001 State: Oregon Construction Type: Highway Counties: Oregon Statewide. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/13/2017 2 02/03/2017 3 02/17/2017 4 03/10/2017 5 03/31/2017 6 05/05/2017 7 05/19/2017 8 06/16/2017 9 06/30/2017 10 07/21/2017 11 08/11/2017 12 09/22/2017 BROR0001-006 06/01/2017 BAKER, BENTON (NORTH), CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM, HARNEY, HOOD RIVER, LINCOLN (NORTH), LINN (NORTH), MALHEUR (NORTH), MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK, UMATILLA, UNION, WALLOWA, WASCO (NORTH), WASHINGTON AND YAMHILL COUNTIES Rates Fringes BRICKLAYER.. . . . .. . . . .. . .. ... . . . .$ 36.03 20.81 ---------------------------------------------------------------- BROR0001-007 06/01/2017 BENTON (SOUTH), CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON, KLAMATH, LAKE, LANE, LINCOLN (SOUTH), LINN (SOUTH), MALHEUR (SOUTH), WASCO (SOUTH) AND WHEELER COUNTIES Rates Fringes BRICKLAYER. . .. . . . . . . . . .. . . . .. . . . .$ 36.03 20.81 ---------------------------------------------------------------- CARP9001-001 06/01/2012 ZONE 1: Rates Fringes Carpenters: CARPENTERS... ... ... . .. . ... . .$ 32.61 14.44 DIVER STANDBY... ... . .. . ... . .$ 34.42 14.44 DIVERS TENDERS.. .... . .. . .. . .$ 36.97 14.44 DIVERS. . . . .. . ... . .... .. . .. . .$ 78.38 14.44 MANIFOLD AND/OR DECOMPRESSION CHAMBER OPERATORS. .. . ....... . . .. . . . .$ 30.28 14.44 MILLWRIGHTS.. .... ... . . .. . . ..$ 33.11 14.44 PILEDRIVERS. . . . . . . . . . . . . . . . .$ 33.61 14.44 DEPTH PAY: 50 to 100 feet $1.00 per foot over 50 feet 101 to 150 feet 1.50 per foot over 101 feet 151 to 200 feet 2.00 per foot over 151 feet Zone Differential (Add to Zone 1 rates): Zone 2 - $0.85 Zone 3 - 1.25 Zone 4 - 1.70 Zone 5 - 2.00 Zone 6 - 3.00 ZONE 1 - All jobs or projects located within 30 miles of the respective City Hall ZONE 2 - More than 30 miles and less than 40 miles from the respective City Hall ZONE 3 - More than 40 miles and less than 50 miles from the respective City Hall ZONE 4 - More than 50 miles and less than 60 miles from the respective City Hall ZONE 5 - More than 60 miles and less than 70 miles from the respective City Hall ZONE 6 - More than 70 miles from the respective City Hall- BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS, PILEDRIVERS AND DIVERS) ALBANY ASTORIA BAKER BEND BROOKINGS BURNS COOS BAY CORVALLIS EUGENE GOLDENDALE GRANTS PASS HERMISTON HOOD RIVER KLAMATH FALLS LAGRANDE LAKEVIEW LONGVIEW MADRAS MEDFORD McMINNVILLE NEWPORT OREGON CITY ONTARIO PENDLETON PORTLAND PORT ORFORD REEDSPORT ROSEBURG SALEM ST. HELENS THE DALLES TILLAMOOK VANCOUVER BASEPOINTS FOR MILLWRIGHTS EUGENE NORTH BEND LONGVIEW PORTLAND MEDFORD THE DALLES VANCOUVER BASEPOINTS FOR PILEDRIVERS AND DIVERS ASTORIA BEND COOS BAY EUGENE KLAMATH FALLS LONGVIEW MEDFORD NEWPORT PORTLAND ROSEBURG SALEM THE DALLES ---------------------------------------------------------------- * ELECO048-006 01/01/2017 CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK, WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES Rates Fringes CABLE SPLICER. .. . . . . . . . . . . . .. . . . .$ 44.22 21.50 ELECTRICIAN. . . .. . . . . . .... . . . . . .. .$ 40.20 22.18 HOURLY ZONE PAY: Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Portland, The Dalles, Hood River, Tillamook, Seaside and Astoria Zone Pay: Zone 1: 31-50 miles $1.50/hour Zone 2: 51-70 miles $3.50/hour Zone 3: 71-90 miles $5.50/hour Zone 4: Beyond 90 miles $9.00/hour *These are not miles driven. Zones are based on Delorrne Street Atlas USA 2006 plus. ---------------------------------------------------------------- ELECO112-001 06/01/2017 BAKER, GILLIAM, GRANT, MORROW, UMATILLA, UNION, WALLOWA, AND WHEELER COUNTIES Rates Fringes CABLE SPLICER. . .. . . . . ... . . .. . . ...$ 42.95 20.06 ELECTRICIAN.. . . . . . . . . . . . . . ...$ 40.90 20.06 ---------------------------------------------------------------- ELECO280-003 01/01/2017 BENTON, CROOK, DESCHUTES, JEFFERSON, LANE (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NORTHEAST CORNER OF COOS COUNTY TO THE SOUTHEAST CORNER OF LINCOLN COUNTY), LINN, MARION, POLK AND YAMHILL (SOUTHERN HALF) COUNTIES Rates Fringes CABLE SPLICER. ... . . . . . . . . . . . . . . . .$ 41.15 17.75 ELECTRICIAN. . . ... . . . . . .... .. . . .$ 38.70 18.85 ---------------------------------------------------------------- ELECO291-006 06/01/2017 d MALHEUR COUNTY Rates Fringes CABLE SPLICER. . . .. ... . . . ... . . . . . .$ 32.19 6%+11.76 ELECTRICIAN... . . .. ... ... . .. . . . . . .$ 29.26 6%+11.76 ---------------------------------------------------------------- *. ELEC0659-004 07/01/2017 DOUGLAS (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NE CORNER OF COOS COUNTY TO THE SE CORNER OF LINCOLN COUNTY), HARNEY, JACKSON, JOSEPHINE, KLAMATH AND LAKE COUNTIES Rates Fringes CABLE SPLICER. .... . .. . . . . . . . . . .. .$ 56.81 17.25 ELECTRICIAN. .. ........ . . . . . . . . .. .$ 32.69 16.72 ZONE PAY: BASE POINTS ARE FROM THE DOWNTOWN POST OFFICE IN GRANTS PASS, KLAMATH FALLS, ROSEBURG AND MEDFORD. ZONE 1: 0-20 MILES $0.00 PER HOUR ZONE 2: > 20-30 MILES $1.50 PER HOUR ZONE 3: >30-40 MILES $3.30 PER HOUR ZONE 4: >40-50 MILES $5.00 PER HOUR ZONE 5: >50-60 MILES $6.80 PER HOUR ZONE 6: >60 MILES $9.50 PER HOUR *THESE ARE NOT MILES DRIVEN. zONES ARE BASED ON DELORNE STREET ATLAS USA 5.0. ---------------------------------------------------------------- ELEC0932-004 01/01/2017 COOS, CURRY, LINCOLN, DOUGLAS AND LANE COUNTIES (AREA LYING WEST OF A LINE NORTH AND SOUTH FROM THE N.E. CORNER OF COOS COUNTY TO THE S.E. CORNER OF LINCOLN COUNTY) Rates Fringes ELECTRICIAN. .. . .... . . .. . .. . . ... .$ 36.80 16.90 ---------------------------------------------------------------- ENGI0701-005 01/01/2017 ZONE 1: POWER EQUIPMENT OPERATORS (See Footnote C) Rates Fringes POWER EQUIPMENT OPERATOR GROUP 1.. ..... ........ . . ... .$ 39.90 14.10 GROUP 1A. ..... ... ..... . . .. . .$ 41.90 14.10 GROUP 16. ..... ... . . . .. . . .. . .$ 43.89 14.10 GROUP 2.. . . .. . . . . . . . . . . .. . .$ 37.99 14.10 GROUP 3.. . .... . . . . . .. . . .. . .$ 36.84 14.10 GROUP 4.. . .... .. . . . . . .. . .$ 35.76 14.10 GROUP 5.. . ... . .. . .. . .. . .$ 34.52 14.10 GROUP 6.. . .... .. .. . . . . .. . .$ 31.30 14.10 Zone Differential (add to Zone 1 rates): Zone 2 - $3.00 Zone 3 - $6.00 For the following metropolitan counties: MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS INDICATED: All jobs or projects located in Multnomah, Clackamas and Marion Counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 on Highway 22 and all jobs or projects located in Yamhill County, Washington County and Columbia County and all jobs or porjects located in Clark & Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St. Helens "Blast Zone" shall receive Zone I pay for all classifications. All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications. For the following cities: ALBANY; BEND; COOS BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. All jobs or projects located more than 30 miles and less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1 Concrete Batch Plan and or Wet mix three (3) units or more; Crane, Floating one hundred and fifty (150) ton but less than two hundred and fifty (250) ton; Crane, two hundred (200) ton through two hundred ninety nine (299) ton with two hundred foot (200') boom or less (including jib, inserts and/or attachments); Crane, ninety (90) ton through one hundred ninety nine (199) ton with over two hundred (200') boom Including jib, inserts and/or attachments); Crane, Tower Crane with one hundred seventy five foot (175') tower or less and with less than two hundred foot (200') jib; Crane, Whirley ninety (90) ton and over; Helicopter when used in erecting work Group 1A Crane, floating two hundred fifty (250) ton and over; Crane, two hundred (200) ton through two hundred ninety nine (299) ton, with over two hundred foot (200') boom (including jib, inserts and/or attachments); Crane, three hundred (300) ton through three hundred ninety nine (399) ton; Crane, Tower Crane with over one hundred seventy five foot (175') tower or over two hundred foot (200') jib; Crane, tower Crane on rail system or 2nd tower or more in work radius Group 16 Crane, three hundred (300) ton through three hundred ninety nine (399) ton, with over two hundred foot (200') boom (including jib, inserts and/or attachments); Floating crane, three hundred fifty (350) ton and over; Crane, four hundred (400) ton and over Group 2 Asphalt Plant (any type); Asphalt Roto-Mill, pavement profiler eight foot (8') lateral cut and over; Auto Grader or "Trimmer"; Blade, Robotic; Bulldozer, Robotic Equipment (any type); Bulldozer, over one hundred twenty thousand (120,000) lbs. and above; Concrete Batch Plant and/or Wet Mix one (1) and two (2) drum; Concrete Diamond Head Profiler; Canal Trimmer; Concrete, Automatic Slip Form Paver (Assistant to the Operator required); Crane, Boom Truck fifty (50) ton and with over one hundred fifty foot (150') boom and over; Crane, Floating (derrick barge) thirty (30) ton but less than one hundred fifty (150) ton; Crane, Cableway twenty-five (25) ton and over; Crane, Floating Clamshell three (3) cu. Yds. And over; Crane, ninety (90) ton through one hundred ninety nine (199) ton up to and including two hundred foot (200') of boom (including jib inserts and/or attachments); Crane, fifty (50) ton through eighty nine (89) ton with over one hundred fifty foot (150') boom (including jib inserts and/or attachments); Crane, Whirley under ninety (90) ton; Crusher Plant; Excavator over one hundred thirty thousand (130,000) lbs.; Loader one hundred twenty thousand (120,000) lbs. and above; Remote Controlled Earth Moving Equipment; Shovel, Dragline, Clamshell, five (5) cu. Yds. And over; Underwater Equipment remote or otherwise, when used in construction work; Wheel Excavator any size Group 3 Bulldozer, over seventy thousand (70,000) lbs. up to and including one hundred twenty thousand (120,000) lbs.; Crane, Boom Truck fifty (50) ton and over with less than one hundred fifty foot (150') boom; Crane, fifty (50) ton through eighty nine (89) ton with one hundred fifty foot (150') boom or less (including jib inserts and/or attachments); Crane, Shovel, Dragline or Clamshell three (3) cu. yds. but less than five (5) cu. Yds.; Excavator over eighty thousand (80,000) lbs. through one hundred thirty thousand (130,000) lbs.; Loader sixty thousand (60,000) lbs. and less than one hundred twenty thousand (120,000) lbs. Group 4 Asphalt, Screed; Asphalt Paver; Asphalt Roto-Mill, pavement profiler, under eight foot (8') lateral cut; Asphalt, Material Transfer Vehicle Operator; Back Filling Machine; Backhoe, Robotic, track and wheel type up to and including twenty thousand (20,000) lbs. with any attachments; Blade (any type); Boatman; Boring Machine; Bulldozer over twenty thousand (20,000) lbs. and more than one hundred (100) horse up to seventy thousand (70,000) lbs.; Cable-Plow (any type); Cableway up to twenty five (25) ton; Cat Drill (John Henry); Chippers; Compactor, multi-engine; Compactor, Robotic; Compactor with blade self-propelled; Concrete, Breaker; Concrete, Grout Plant; Concrete, Mixer Mobile; Concrete, Paving Road Mixer; Concrete, Reinforced Tank Banding Machine; Crane, Boom Truck twenty (20) ton and under fifty (50) ton; Crane, Bridge Locomotive, Gantry and Overhead; Crane, Carry Deck; Crane, Chicago Boom and similar types; Crane, Derrick Operator, under one hundred (100) ton; Crane, Floating Clamshell, Dragline, etc. Operator, under three (3) cu. yds. Or less than thirty (30) ton; Crane, under fifty (50) ton; Crane, Quick Tower under one hundred foot (100') in height and less than one hundred fifty foot (150') jib (on rail included); Diesel-Electric Engineer (Plant or Floating); Directional Drill over twenty thousand (20,000) lbs. pullback; Drill Cat Operator; Drill Doctor and/or Bit Grinder; Driller, Percussion, Diamond, Core, Cable, Rotary and similar type; Excavator Operator over twenty thousand (20,000) lbs. through eighty thousand (80,000) lbs.; Generator Operator; Grade-all; Guardrail Machines, i.e. punch, auger, etc.; Hammer Operator (Piledriver); Hoist, stiff leg, guy derrick or similar type, fifty (50) ton and over; Hoist, two (2) drums or more; Hydro Axe (loader mounted or similar type); Jack Operator, Elevating Barges, Barge Operator, self-unloading; Loader Operator, front end and- overhead, twenty five thousand (25,000) lbs. and less than sixty thousand (60,000) lbs.; Log Skidders; Piledriver Operator (not crane type); Pipe, Bending, Cleaning, Doping and Wrapping Machines; Rail, Ballast Tamper Multi-Purpose; Rubber-tired Dozers and Pushers; Scraper, all types; Side-Boom; Skip Loader, Drag Box; Strump Grinder (loader mounted or similar type); Surface Heater and Planer; Tractor, rubber-tired, over fifty (50) HP Flywheel; Trenching Machine three foot (3') depth and deeper; Tub Grinder (used for wood debris); Tunnel Boring Machine Mechanic; Tunnel, Mucking Machine; Ultra High Pressure Water Jet Cutting Tool System Operator; Vacuum Blasting Machine Operator; Water pulls, Water wagons Group 5 Asphalt, Extrusion Machine; Asphalt, Roller (any asphalt mix); Asphalt, Roto-Mill pavement profiler ground man; Bulldozer, twenty thousand (20,000) lbs. or less, or one hundred (100) horse or less; Cement Pump; Chip Spreading Machine; Churn Drill and Earth Boring Machine; Compactor, self-propelled without blade; Compressor, (any power) one thousand two hundred fifty (1,250) cu. ft. and over, total capacity; Concrete, Batch Plant Quality control; Concrete, Combination Mixer and compressor operator, gunite work; Concrete, Curb Machine, Mechanical Berm, Curb and/or Curb and Gutter; Concrete, Finishing Machine; Concrete, Grouting Machine; Concrete, Internal Full Slab Vibrator Operator; Concrete, Joint Machine; Concrete, Mixer single drum, any capacity; Concrete, Paving Machine eight foot (8') or less; Concrete, Planer; Concrete, Pump; Concrete, Pump Truck; Concrete, Pumperete Operator (any type); Concrete, Slip Form Pumps, power driven hydraulic lifting device for concrete forms; Conveyored Material Hauler; Crane, Boom Truck under twenty (20) tons; Crane, Boom Type lifting device, five (5) ton capacity or less; Drill, Directional type less than twenty thousand (20,000) lbs. pullback; Fork Lift, over ten (10) ton or Robotic; Helicopter Hoist; Hoist Operator, single drum; Hydraulic Backhoe track type up to and including twenty thousand (20,000) lbs.; Hydraulic Backhoe wheel type (any make); Laser Screed; Loaders, rubber-tired type, less than twenty five thousand (25,000) lbs.; Pavement Grinder and/or Grooving Machine (riding type); Pipe, cast in place Pipe Laying Machine; Pulva-Mixer or similar types; Pump Operator, more than five (5) pumps (any size); Rail, Ballast Compactor, Regulator, or Tamper machines; Service Oiler (Greaser); Sweeper Self-Propelled; Tractor, Rubber-Tired, fifty (50) HP flywheel and under; Trenching Machine Operator, maximum digging capacity three foot (3') depth; Tunnel, Locomotive, Dinkey; Tunnel, Power Jumbo setting slip forms, etc. Group 6 Asphalt, Pugmill (any type); Asphalt, Raker; Asphalt, Truck Mounted Asphalt Spreader, with Screed; Auger Oiler; Boatman; Bobcat, skid steed (less than one (1) yard); Broom, self-propelled; Compressor Operator (any power) under 1,250 cu. ft. total capacity; Concrete Curing Machine (riding type); Concrete Saw; Conveyor Operator or Assistant; Crane, Tugger; Crusher Feederman; Crusher Oiler; Deckhand; Drill, Directional Locator; Fork Lift; Grade Checker; Guardrail Punch Oiler; Hydrographic Seeder Machine, straw, pulp or seed; Hydrostatic Pump Operator; Mixer Box (CTB, dry batch, etc.); Oiler; Plant Oiler; Pump (any power); Rail, Brakeman, Switchman, Motorman; Rail, Tamping Machine, mechanical, self-propelled; Rigger; Roller grading (not asphalt); Truck, Crane Oiler-Driver ---------------------------------------------------------------- IRON0029-004 07/01/2015 Rates Fringes IRONWORKER. . .. . . . .. . .$ 34.12 23.04 ---------------------------------------------------------------- * LAB00737-001 06/01/2017 Rates Fringes Mason Tender/Hod Carrier Tenders to Bricklayers, Tile Setters, Marble Setters and Terrazzo Workers, Topping for Cement Finishers and Mortar Mixers. .. . .. . . . . . . . . .$ 28.89 13.85 ---------------------------------------------------------------- * LAB00737-008 06/01/2017 ZONE 1: LABORERS (SEE FOOTNOTE C) Rates Fringes Laborers: GROUP 1. . . . . ... .. . .. . . . . . ..$ 28.86 13.85 GROUP 2. . ... ... . .. . .. . . . .. ..$ 29.94 13.85 GROUP 3. . . .. . . . .. . .. . . . . . . .$ 25.00 13.85 Zone Differential (Add to Zone 1 rates): Zone 2 - $0.85 Zone 3 - 2.00 Zone 4 - 3.00 Zone 5 - 5.00 ZONE 1 - All jobs or projects located within 30 miles of the respective City Hall ZONE 2 - More than 30 miles and less than 40 miles from the respective City Hall ZONE 3 - More than 40 miles and less than 50 miles from the respective City Hall ZONE 4 - More than 50 miles and less than 80 miles from the respective City Hall ZONE 5 - More than 80 miles from the respective City Hall. BASEPOINTS: ALBANY ASTORIA BAKER CITY BEND BURNS COOS BAY EUGENE GRANTS PASS HERMISTON KLAMATH FALLS MEDFORD PENDLETON PORTLAND ROSEBURG SALEM THE DALLES LABORER CLASSIFICATIONS GROUP 1: Applicator (including Pot Tender for same) applying protective material by hand or nozzle on utility lines or storage tanks on project, Asphalt Plant; Asphalt Spreader; Batch Weighman; Broomers; Brush Burners and Cutters; Choker Setter; Choker Splicer; Clary Power Spreader; Clean-up Laborer; Clean up Nozzleman (concrete, rock, etc); Concrete Laborer; Crusher Feeder; Curing, Concrete; Demolition, wrecking, and moving; Dopping and Wrapping Pipe; Dumpman (for Grading Crew); Erosion Control Specialist; Fine Graders; Fence Builders; Form Strippers; Guard Rail, Median Rail, Barriers, Reference Post, Guide Post, Right of Way Marker; Remote Control (Dry Pack Machine, Jackhammer, Chipping Guns, Compaction, Paving Breakers, Hand Held Concrete Saw, Demo Saw, Core Drill); Precast Concrete Setter; Pressure Washer; Railroad Track Laborer; Ribbon Setter; Rip Rap Map; Sand Blasting (Wet); Scaffold Tender; Self Propelled Concrete Buggy; Sewer Laborer; Sign Erector; Signalman; Scissor and Manlift; Skipman; Slopers; Sprayman; Stake Chaser; Stake Setter; Tamper; Timber Faller and Bucker; Tool Operators (Hand Held, Walk Behind) GROUP 2: Asbestos Removal; Asphalt Rakers, Bit Grinder, Concrete Core Drill, Concrete Pump Nozzleman, Concrete Saw Operator (Walk Behind, Walk Saw, Rail Mounted, Wire); Drill Operator; Grade Checker; Gunite Nozzleman; Hazardous Waste Laborer; High Scalers; Laser Bean (Pipe Laying); Loop Installation; Manhole Builder; Mold Remediation Laborer; Nippers and Timberman; Pipelayer; Powderman; Power Saw Operators (Bucking and Falling); Pumperete Nozzleman; Sand Blasting (Dry); Sewer Timberman; Tugger Operator; Vibrators; Water Blaster GROUP 3: Final Clean-up(detailed clean-up, limited to cleaning up floors, ceilings, walls, windows-prior to acceptance by the owner); Fire Watch; Landscaper; Traffic Flagger FOOTNOTE C: HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft classifications subject to working inside a federally 'designated Hazardous Waste perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of Hazardous Waste as outline in the specific Hazardous Waste Project Site Safety Plan: H-1 Base Wage Rate when on a hazardous waste site when not outfitted with protective clothing. H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per hour, fringes plus $0.15. H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per hour, fringes plus $0.15. H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per hour, fringes plus $0.15. ---------------------------------------------------------------- PAIN0055-002 07/01/2017 Rates Fringes PAINTER HIGHWAY & PARKING LOT STRIPER.. . . . . ... . ... . . .. . .. .$ 34.87 11.46 ---------------------------------------------------------------- PAIN0055-033 07/01/2017 Rates Fringes PAINTER BAKER, BENTON, CLATSOP, CROOK, DESCHUTES, GRANT, GILLIAM, HARNEY, JEFFERSON, LAKE, LANE, LINN, LINCOLN, MALHEUR, MARION, POLK, TILLAMOOK, SHERMAN, UNION, WHEELER AND YAMHILL COUNTIES High work-All work 60 feet or higher. ... . .. . . . . . .$ 23.97 11.02 Painters... . ... ... . .. . . . . .$ 22.47 10.10 BENTON, LANE, LINN, JEFFERSON, WHEELER, CROOK, DESCHUTES, BAKER, MALHEUR, GRANT, LAKE, LINCOLN, HARNEY,CLATSOP, GILLIAM, MARION, POLK, TILLAMOOK, SHERMAN, UNION, AND YAMHILL COUNTIES Painters... . ... . .. . . . . . . . . .$ 22.02 11.02 CLACKAMAS, COLUMBIA, HOOD RIVER, MULTNOMAH, MORROW, UMATILLA, WALLOWA, WASCO AND WASHINTON COUNTIES High work-All work 60 feet or higher. . ... . .. . . . . .$ 24.97 11.02 Painters... . .. . . ... . . . . . . . .$ 23.02 11.02 JACKSON AND KLAMATH COUNTIES High Work-All Work 60 feet or higher. . . . ... .. . . . .$ 21.97 11.02 Painters.. . . . .. . . . .. . .. . . . .$ 20.02 11.02 ---------------------------------------------------------------- PLAS0555-001 06/01/2017 ZONE 1: Rates Fringes Cement Masons: (ZONE 1) CEMENT MASONS DOING BOTH COMPOSITION/POWER MACHINERY AND SUSPENDED/HANGING SCAFFOLD. .$ 32.87 17.62 CEMENT MASONS ON SUSPENDED, SWINGING AND/OR HANGING SCAFFOLD. . .... . . .. . .$ 32.19 17.62 CEMENT MASONS.. . . ... . .. . . . . .$ 31.50 17.62 COMPOSITION WORKERS AND POWER MACHINERY OPERATORS. ..$ 32.19 17.62 Zone Differential (Add To Zone 1 Rates): Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 3.00 BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND, SALEM, THE DALLES, VANCOUVER ZONE 1: Projects within 30 miles of the respective city hall ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall ---------------------------------------------------------------- TEAM0037-004 06/01/2017 ZONE 1: TRUCK DRIVERS (See Footnote C): Rates Fringes Truck drivers: GROUP 1. . . . . .. . . .. ... . . . . . . .$ 27.94 14.37 GROUP 2. .. . . . . .. ... . . . . . ..$ 28.06 14.37 GROUP 3. . . . .. . . . . . . . . . .. . .$ 28.19 14.37 GROUP 4. .. . . . .. . . . . . . . .. . . 28.46 14.37 GROUP 5. . ... . . . . .. . . . . . . .. ..$ 28.68 14.37 GROUP 6. . ... . . . .. . . . . .... . ..$ 28.85 14.37 GROUP 7. ... . . . .. .. . . . . . . . . . .$ 29.05 14.37 Zone Differential (add to Zone 1 rates): Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 2.75 Zone 1 - All jobs or projects located within 30 miles of the respective City Hall Zone 2 - More than 30 miles and less than 40 miles from the respective City Hall Zone 3 - More than 40 miles and less than 50 miles from the respective City Hall Zone 4 - More than 50 miles and less than 80 miles from the respective City Hall Zone 5 - More than 80 miles from the respective City Hall BASEPOINTS: ALBANY ASTORIA BAKER BEND BINGEN BROOKINGS BURNS COOS BAY CORVALLIS EUGENE GOLDENDALE GRANTS PASS HERMISTON HOOD RIVER KLAMATH FALLS LAGRANDE LAKEVIEW LONGVIEW MADRAS MEDFORD MCMINNVILLE OREGON CITY NEWPORT ONTARIO PENDLETON PORTLAND PORT ORFORD REEDSPORT ROSEBURG SALEM THE DALLES TILLAMOOK VANCOUVER TRUCK DRIVER CLASSIFICATIONS GROUP 1: A-frame or hydra-lift truck w/load bearing surface; Articulated dump truck; Battery rebuilders; Bus or manhaul driver; Concrete buggies (power operated); Concrete pump truck; Dump trucks, side, end and bottom dumps, including semi-trucks and trains or combinations thereof: up to and including 10 cu. yds.; Lift jitneys, fork lifts (all sizes in loading, unloading and transporting material on job site); Loader and/or leverman on concrete dry batch plant (manually operated); Lubrication man, fuel truck driver, tireman, wash rack, steam cleaner or combination; Pilot car; Pickup truck; Slurry truck driver or leverman; Solo flat bed and misc. body truck, 0-10 tons; Team drivers; Tireman; Transit mix and wet or dry mix trucks: 5 cu yds. and under; Water wagons (rated capacity) up to 3,000 gallons GROUP 2: Boom truck/hydra-lift or retracting crane; Challenger; Dumpsters or similar equipment-all sizes; Dump trucks/articulated dumps 6 cu to 10 cu.; Flaherty spreader driver or leverman; Low bed equipment, flat bed semi-truck and trailer or doubles transporting equipment or wet or dry materials; Lumber carrier, driver-straddle carrier (used in loading, unloading and transporting of materials on job site); Oil distributor driver or leverman; Transit mix and wet or dry mix trucks: over 5 cy yds and including 7 cu. yds; Vacuum trucks; Water Wagons (rated capacity) over 3,000 to 5,000 gallons GROUP 3: Ammonia nitrate distributor driver; Dump trucks, side, end and bottom dumps, including semi-trucks and trains or combinations thereof: over 10 cu. yds. and including 30 cu. yds., includes articulated dump trucks; Self-Propelled street sweeper; Transit mix and wet or dry mix trucks, over 7 cu. yds. and including 11 cu. yds.; truck mechanic-Welder-Body repairman; Utility and clean-up truck; Water wagons (rated capacity) 5,000 to 10,000 gallons. GROUP 4: Asphalt Bruner; Dump trucks, side, end and bottom dumps, including semi-trucks and trains or combinations thereof: over 30 cu. yds. and including 50 cu. yds. includes articulated dump trucks; Fire guard; Transit Mix and Wet or Dry Mix Trucks, over 11 cu. yds. and including 15 cu. yds.; Water Wagon (rated capacity) over 10,000 gallons to 15,000 gallons GROUP 5: Composite Crewman; Dump trucks, side, end and bottom dumps, including semi-trucks and trains or combinations thereof: over 50 cu. yds. and including 60 cu. yds., includes articulated dump trucks GROUP 6: Bulk cement spreader w/o auger; Dry Pre-Batch concrete mix trucks; Dump trucks, side, end and bottom dumps, including semi-trucks and trains of combinations thereof: over 60 cu. yds. and including 80 cu. yds. and includes articulated dump trucks; Skid truck GROUP 7: Dump trucks, side, end and bottom dumps, including semi-trucks and trains or combinations thereof: over 80 cu. yds. and including 100 cu. yds. includes articulated dump trucks; Industrial lift truck (mechanical tailgate) FOOTNOTE C: HANDLING OF HAZARDOUS WAST MATERIALS -(LABORERS, POWER EQUIPMENT OPERATORS, AND TRUCK DRIVERS): Personnel in all craft classifications subject to working inside a federally designated Hazardous Waste perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of Hazardous Waste as outline in the specific Hazardous Waste Project Site Safety Plan: H-1 Base Wage Rate when on a hazardous waste site when not outfitted with protective clothing. H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per hour, fringes plus $0.15. H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per hour, fringes plus $0.15. H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per hour, fringes plus $0.15. ---------------------------------------------------------------- SUOR1991-003 04/01/1991 Rates Fringes Timber Sales Roads: LABORERS. .. ... . . . . . .. . . . . . . .$ 8.35 4.30 OPERATING ENGINEERS.. . .. . . . .$ 10.37 4.15 POWER SAW, DRILLER, POWDERMAN... . . . . .. ... .. . . . . .$ 9.12 4.30 TEAMSTERS.. . . . . . ... ... . . . . .$ 9.74 3.74 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional 'information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ATTACHMENT K-GENERAL CONDITIONS CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 66 1 Page 00110 ATTACHMENT K-GENERAL CONDITIONS CITY OF TIGARD SW WALL STREET IMPROVEMENT TABLE OF CONTENTS Part 00100- GENERAL CONDITIONS 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................................................................................................................ 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 Section00130-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 TOC-1 00110 00130.80 Project Site Restrictions...................................................................................................................27 00130.85 Tigard Business License...................................................................................................................27 00130.90 Notice to Proceed.............................................................................................................................27 Section 00140 - 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.............................. 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 TOC-2 00110 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 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 TOC-3 00110 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 00180.05 Assigrunent/Delegation of Contract........................ 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 Limitation 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 Delay.................................................................................................................................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 00195.90 Final Payment....................................................................................................................................98 00195.95 Error in Final Quantities and Amounts........................................................................................98 Section 00196- Payment for Extra Work.......................................................................................100 TOC-4 00110 00196.00 General.............................................................................................................................................100 00196.10 Negotiated Price.............................................................................................................................100 00196.20 Force Account................................................................................................................................100 Section00197- 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 TOC-5 00110 PART 00100- GENERAL CONDITIONS Section 00110- Organization, Conventions,Abbreviations, and Definitions 00110.00 Organization of Specifications- The Specifications are comprised of the following: A. 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; B. 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 C. The Special Provisions. In addition, throughout the Specifications: A. Each Part is divided into Sections and Subsections. B. Reference to a Section includes all applicable requirements of the Section. C. When referring to a Subsection,only the number of the Subsection is used;the word "Subsection" is implied. D. 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: a. The subject, "the Contractor",is implied. b. "Shall" refers to action required of the Contractor,and is implied. c. "Will" refers to decisions or actions of the Agency and/or the Engineer. d. 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". e. 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. f. The words "as shown", "shown", "as indicated", or "indicated" mean "as indicated on the Plans". g. Certain Subsections labeled "Payment" contain statements to the effect that "payment will be made at the Contract amounts for the following items" (followed by a list of items). In such cases the Agency shall pay for only those Pay Items listed in the Schedule of Items. 5 00110 B. Capitalization of Terms - Capitalized terms, other than titles, abbreviations, and grammatical usage, indicate that they have been given a defined meaning in the Standard Specifications. Refer to Section 00110.20 'Definitions". Defined terms will always be capitalized in Part 00100; in Parts 00200 through 03000, defined terms will generally not be capitalized, with the notable exception of"the Contractor", "the Agency", and "the Engineer". C. Punctuation - In this publication the "outside method" of punctuation is employed for placement of the comma and the period with respect to quotation marks. Only punctuation that is part of the quoted matter is placed within quotation marks. D. References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and Permits -References are made in the text of the Specifications to "laws", "acts", "rules", "statutes", "regulations", "ordinances", etc. (collectively referred to for purposes of this Subsection as "Law"), and to "orders" and ""permits" (issued by a governmental authority, whether local, State, or federal, and collectively referred to 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. a. Statues 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. b. 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. c. 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. d. 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. 6 00110 Abbreviations 00110.10 Abbreviations -Following are meanings of abbreviations used in the Standard Specifications, in the Special Provisions, on the Plans, and in other Contract Documents. Other abbreviations and meanings of abbreviations may be in the individual Sections of the Standard Specifications to which they apply,in the Special Provisions,and in OAR 731-005 and OAR 731-007. AAR - Association of American Railroads AASHTO- American Association of State Highway and Transportation Officials ABC - Associated Builders and Contractors,Inc. AC - Asphalt Concrete ACI - American Concrete Institute ACP - Asphalt Concrete Pavement ACWS - Asphalt Concrete Wearing Surface AGC - Associated General Contractors of America AIA - American Institute of Architects AISC - American Institute of Steel Construction AISI - American Iron and Steel Institute AITC - American Institute of Timber Construction ANSI - American National Standards Institute APA - Engineered Wood Association APWA - American Public Works Association AREMA - American Railway Engineering and Maintenance of Right-of-Way Association ASCE - American Society of Civil Engineers ASME - American Society of Mechanical Engineers ASTM - American Society for Testing and Materials ATPB - Asphalt Treated Permeable Base AWG - American Wire Gauge AWPA - American Wood Protection Association AWS - American Welding Society AWWA - American Water Works Association CAgT - Certified Aggregate Technician CAT-I - Certified Asphalt Technician I CAT-II - Certified Asphalt Technician II CBM - Certified Ballast Manufacturers CCO - Contract Change Order CCT - Concrete Control Technician CDT - Certified Density Technician CEBT - Certified Embankment and Base Technician CMDT - Certified Mixture Design Technician CPF - Composite Pay Factor CRSI - Concrete Reinforcing Steel Institute CFR - Code of Federal Regulations CS - Commercial Standard,Commodity Standards Division,U.S. Department of Commerce D1.1 - Structural Welding Code - Steel,American Welding Society, current edition D1.5 - Bridge Welding Code,American Welding Society, current edition DBE - Disadvantaged Business Enterprise 7 00110 DEQ - Department of Environmental Quality,State of Oregon DOGAMI - Department of Geology and Mineral Industries, State of Oregon DSL - Department of State Lands,State of Oregon EAC - Emulsified Asphalt Concrete EPA U.S. Environmental Protection Agency ESCP Erosion and Sediment Control Plan EDA Economic Development Administration FSS - Federal Specifications and Standards, General Services Administration GSA - General Services Administration ICEA - Insulated Cable Engineers Association (formerly IPCEA) IES - Illuminating Engineering Society IMSA - International Municipal Signal Association ISO - International Standards Organization 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, 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- - Oregon Occupational Safety and Health Division of the Department of Consumer and OSHA 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 8 00110 QPL - Qualified Products List RAP - Reclaimed Asphalt Pavement REA - Rural Electrification Administration,U.S. Department of Agriculture RMA - Radio Manufacturers Association or Rubber Manufacturers Association SAE - Society of Automotive Engineers SI - International System of Units (Systeme Internationale) SRCM - Soil and Rock Classification Manual(ODOT) SSPC Society for Protective Coatings T - Tolerances,AASHTO Test Method TM - Test Method (ODOT) TV - Target Value UBC - Uniform Building Code (as adopted by the State of Oregon) UL - Underwriters Laboratory,Inc. UPC - Uniform Plumbing Code (as adopted by the State of Oregon) USC - United States Code WAQTC - Western Alliance for Quality Transportation Construction WCLIB - West Coast Lumber Inspection Bureau WWPA - Western Wood Products Association Definitions 00110.20 Definitions -Following are definitions of words and phrases used in the Standard Specifications, in the Special Provisions, on the Plans, and in other Contract Documents. Other definitions may be in the individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in OAR 731-005 and OAR 731-007. Add by Special Provisions any required project-specific definitions not already in the General Conditions. Act of God or Nature -A natural phenomenon of such catastrophic proportions or intensity as would reasonably prevent performance. Addendum -A written or graphic modification,issued before the opening of Bids, which revises, adds to, or deletes information in the Solicitation Documents or previously issued Addenda. Additional Work-Increased quantities of any Pay Item,within the scope of the Contract, for which a unit price has been established. Advertisement -The public announcement (Notice to Contractors, Invitation to Bid or Advertisement for Bids) inviting Bids for Work to be performed or Materials to be furnished. Agency-The City of Tigard, a municipal corporation of the State of Oregon, county, or State agency or special district or political subdivision,as applicable,which has entered into a Contract with the Contractor. Agency-Controlled Lands -Lands owned by the Agency, or controlled by the Agency under lease or agreement,or under the jurisdiction and control of the Agency for the purposes of the Contract. Aggregate - Rock of specified quality and gradation. 9 001 10 Attorney in Fact-An Entity appointed by another to act in its place, either for some particular purpose, or for the transaction of business in general. Award-Written notification to the Bidder that the Bidder has been awarded a Contract. Base-A Course of specified material of specified thickness placed below the Pavement. Bid-A competitive offer,binding on the Bidder and submitted in response to an invitation to bid. Bid Bond-The Surety bond for Bid guarantee. Bid Booklet-The information included in the Solicitation Documents that contain the information identified in 00120.10. Bid Closing-The date and time after which Bids,Bid modifications, and Bid withdrawals will no longer be accepted. Bid Documents -See under Solicitation Documents. Bid Opening-The date and time Bids are opened. Bid Schedule -The list of Pay Items, their units of measurement, and estimated quantities. (When a Contract is awarded, the Bid Schedule becomes the Schedule of Items.) Bid Section -The portion of the Bid Booklet containing all pages after the Bidder's checklist and before the appendix. Bidder-An Entity that submits a Bid in response to an invitation to bid. Bike Lane-A lane in the Traveled Way, designated by striping and Pavement markings for the preferential or exclusive use of bicyclists. Borrow-Material lying outside of planned or required Roadbed excavation used to complete Project earthwork. Boulders -Particles of rock that will not pass a 12 inch square opening. Bridge-A single or multiple span Structure,including supports, that carries motorized and non-motorized vehicles,pedestrians, or utilities on a Roadway,walk, or track over a watercourse,highway,railroad, or other feature. Buttress -A rock fill placed at the toe of a landslide or potential landslide in order to resist slide movement. Calendar Day-Any day shown on the calendar,beginning and ending at midnight. Camber-A slight arch in a surface or Structure to compensate for loading. 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. 10 00110 Changed Work-Work included in a Pay Item and within the scope of the Contract that is different from that reflected in the Contract Documents. (see 00140.30) Class of Project -A designation based on a Project's funding source,i.e.,State or Federal-Aid. Class of Work-A designation referring to the type of Work in which Bidders must be pre-qualified, if prequalification is required Clay- Soil passing a No. 200 sieve that can be made to exhibit plasticity (putty-like properties) within a range of water contents. Clear Zone -Roadside border area, starting at the edge of the Traveled Way, that is available for safe use by errant vehicles. Establishing a minimum width Clear Zone implies that rigid objects and certain other hazards within the Clear Zone should be relocated outside the Clear Zone, or shielded, or remodeled to make them break away on impact or be safely traversable. Close Conformance -Where working tolerances are given on the Plans or in the Specifications, Close Conformance means compliance with those tolerances. Where working tolerances are not given, Close Conformance means compliance,in the Engineer's judgment,with reasonable and customary manufacturing and construction tolerances. Coarse Aggregate - Crushed Rock or crushed Gravel retained on a 1/4 inch sieve, with allowable undersize. Cobbles -Particles of Rock, rounded or not, that will pass a 12 inch square opening and be retained on a 3 inch sieve. Commercial Grade Concrete -Concrete furnished according to Contractor proportioning, placed in minor Structures and finished as specified. Conduct Disqualification -A disqualification under ORS 279C.440. 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. 11 00110 Contractor-The Entity awarded the Contract according to the solicitation. Correction Period- Period from Second Notification to Final Acceptance as per subsection 00170.85(b). Course -A specified Surfacing Material placed in one or more Lifts to a specified thickness. Coverage -One Pass by a piece of Equipment over an entire designated area. Cross Section-The exact image formed by a plane cutting through an object, usually at right angles to a central axis,to determine area. Day-A Calendar Day including weekdays,weekends, and holidays, unless otherwise specified. 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. Design Professional - The individual or entity named in the Special Provisions who designed part or all of the Project and who, by contract, has been assigned duties and responsibilities to assist Agency and Project Manager in administration of the Contract. Disqualification - The preclusion of a Person from contracting with a Contracting Agency for a period of time in accordance with OAR 137-049-0370. 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 - Project Manager—See Project Manager. 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. 12 00110 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. 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. 13 00110 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. Notice to Proceed-Written notice authorizing the Contractor to begin performance of the Work. On-Site Work-Any Work taking place on the Project Site, including designated staging areas adjacent to the Project Site, except for installation of covered temporary signs according to Section 00225. Organic Soil-A Soil with sufficient organic content to influence the Soil properties. Panel -The width of specified Material being placed by Equipment in a single Pass. Pass - One movement of a piece of Equipment over a particular location. Patching-Placing a variable-thickness Course of Materials to correct sags, dips, and/or bumps to the existing grade and Cross Section, normally intermittent throughout the Project. Pavement-Asphalt concrete or Portland cement concrete placed for the use of motor vehicles, bicycles, or pedestrians on Roadways,Shoulders,Multi-Use Paths and parking areas. Pay Item (Contract Item) -A specific unit of Work for which a price is provided in the Contract. Payment Bond -The approved security furnished by the Contractor's Surety as a guaranty of the Contractor's performance of its obligation to pay promptly in full all sums due for Materials, Equipment, and labor furnished to complete the Work. Peat -A Soil composed primarily of vegetative matter in various stages of decomposition, usually with an organic odor,dark brown to black color,and a spongy consistency. Performance Bond-The approved security furnished by the Contractor's Surety as a guaranty of the Contractor's performance of the Contract. Plans (Drawings) - Standard and Supplemental Drawings, and approved unstamped and reviewed and accepted stamped Shop Drawings and Deferred Submittals. (see 00150.10 and 00150.35) 14 00110 Project-The sum of all Work to be performed under the Contract. Project Manager—The Agency's representative assigned by the Agency to administer the Contract and who assumes the responsibilities, duties and authorities of the Project Manager (Engineer) as indicated throughout the Contract Documents. Project Site -The geographical dimensions of the real-property on which the Work is to be performed, including designated contiguous staging areas. Prospective Source -A Material source provided by the Agency, from which the Contractor has the option of obtaining Materials. (see 00160.00(a) and 00160.40) Publicly-Owned Equipment -Equipment acquired by a state, county,municipality or political subdivision primarily for use in its own operations. Public Traffic -Vehicular or pedestrian movement, not associated with the Contract Work, on a public way. Railroad -Publicly or privately owned rail carriers, including passenger, freight, and commuter rail carriers, their tenants, and licensees. Also,Utilities that jointly own or use such facilities. Right-of-Way -Land, property, or property interest, usually in a strip, acquired for or devoted to transportation or other public works purposes. Roadbed- Completed excavations and embankments for the Subgrade, including ditches, side slopes, and slope rounding,if any. Roadside -The area between the outside edges of the Shoulders and the Right-of-Way boundaries. Unpaved median areas between inside Shoulders of divided Highways and infield areas of interchanges are included. Roadway -That portion of a Highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or Shoulder. If a Highway includes two or more separate Roadways, the term "Roadway" refers to any such Roadway separately,but not to all such Roadways collectively. (see Traveled Way) Rock-Natural deposit of solid material composed of one or more minerals occurring in large masses or fragments. Schedule of Items -The list of Pay Items, their units of measurement,estimated quantities,and prices. Schedule of Values -The breakdown of the values of the component elements comprising a lump sum Pay Item. Second Notification -Written acknowledgment by the Engineer of Substantial Completion of a Milestone or of the Work according to 00180.50(g). Shoulder-The part of a Roadbed contiguous to the Traveled Way or Roadway,whether paved or unpaved, for accommodating stopped vehicles, for emergency use and for lateral support of Base and surface Courses. 15 00110 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. 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 16 00110 accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. Substructure -Those parts of a Structure which support the Superstructure, including bents, piers, abutments, and integrally built wingwalls, up to the surfaces on which bearing devices rest. Substructure also includes portions above bearing surfaces when those portions are built integrally with a Substructure unit (e.g.,backwalls of abutments). When Substructure and Superstructure elements are built integrally, the division between Substructure and Superstructure is considered to be at the bottom soffit of the longitudinal or transverse beam, whichever is lower. Culverts and rigid frames are considered to be entirely Substructure. Superstructure -Those parts of a Structure above the Substructure,including bearing devices. Supplemental Drawings -The Agency-prepared detailed drawings for Work or methods of construction that are Project specific, and are denoted by title in the Project title block. Supplier-The Entity that furnishes goods to be incorporated into the Work. Surety-The Entity that issues the bond. Surfacing-The Course or Courses of material on the Traveled Way, auxiliary lanes, Shoulders, or parking areas for vehicle use. Third Notification -Written acknowledgment by the Engineer, subject to Final Acceptance, that as of the date of the notification the Contractor has achieved Final Completion of the Project according to the Contract, including without limitation completion of all minor corrective work, Equipment and plant removal, site clean-up, and submittal of all certifications, bills, forms and documents required under the Contract. Ton- One short ton of 2,000 pounds (Ton,ton,Tn,or T). Topsoil- Soil ready for use in a planting bed. Traffic Lane -That part of the Traveled Way marked for moving a single line of vehicles. Traveled Way-That part of the Highway for moving vehicles, exclusive of berms and Shoulders. Typical Section-That Cross Section established by the Plans which represents in general the lines to which the Contractor shall work in the performance of the Contract. Unsuitable Material-Frozen material,or material that contains organic matter, muck, humus, peat, sticks, debris, chemicals,toxic matter, or other deleterious materials not normally suitable for use in earthwork. 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. 17 00110 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 ORS187.010. Worker-Any person performing work under the contract, including employees of the Contractor or subcontractor, and persons having full or partial ownership of the Contractor or subcontractor. (This definition is not intended to nor does it alter the definition or meaning of the term "worker" as used in any applicable laws or regulations,including but not limited to for purposes of paying prevailing wage rates.) Working (Shop) Drawings - Supplemental Plans, not furnished by the Agency, that the Contractor is required to submit to the Engineer. (see 00150.35) Workplace Violence -Any act of physical,verbal or written aggression by an individual in or related to the work place and/or project sites. This includes, but is not limited to, verbal abuse, threats or intimidation and physical intimidation, assault or battery by a worker or former worker. Work place violence may also include destruction or abuse of property. 18 00120 Section 00120 - Bidding Requirements and Procedures 00120.10 Bid Booklet—The Bid Booklet may include,but is not limited to: A. Advertisement for Bids B. Bidder's checklist C. Bid Section D. 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: A. Description and location of the proposed Project B. Time,date,and location for opening Bids C. Project completion time D. Class of Project (i.e.,Federal-Aid or State) E. Class of Work F. Bid statement G. Certificate of non-collusion H. Certificate of Nondiscrimination I. Certificate of noninvolvement in any debarment or suspension (for Federal-Aid Projects) J. Certificate regarding lobbying activities (for Federal-Aid Projects) K. Certificate of residency (for State Projects) L. Certificate of compliance with Oregon tax laws M. Bid Schedule N. Acknowledgement of Addenda O. Identification of Bidder(s) and Sureties P. Bid signature page Q. Bid Bond form R. First-tier Subcontractor Disclosure form Depending on the Class of Project, other certificates or statements may be bound within the Bid Section. Plans, Specifications, and other documents referred to in the Bid Section will be considered part of the Bid. 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be Encountered-Before submitting a Bid, Bidders shall make a careful visual examination of the site of the proposed Work, the Bid Booklet, Plans, and Specifications. Bidders shall also.review any subsurface investigation material referenced in 00120.25 that may be available and conduct additional investigation of any unusual condition apparent during the visual site examination. As soon as reasonably practicable after noting any such unusual condition,Bidder shall notify Agency,in writing,of any such unusual condition and the additional investigation undertaken by Bidder. Submission of a Bid will constitute confirmation that the Bidder has examined the Project Site and finds the.Plans and Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered in performing the Work and all requirements of the Contract. The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's failure to fully examine the site and 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 19 00120 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-flay limits on either side of the property. B. Outside Normal Right-of-Way Limits -The Contractor may not use Agency-owned property outside of normal Right-of-Way limits for the Project without the approval of the Engineer. If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the Contractor, or at a cost stated by the Engineer upon granting approval,as confirmed by Addendum. If approval is not obtained before submitting a Bid, and the Contractor proposes to use Agency-owned property outside the normal Right-of-Way limits, then use of the property may be approved by the Engineer, but the Contractor will be assessed fair market value, as determined by the Engineer, for use of the property. C. Restrictions on Use - Contractors shall comply with all applicable laws, ordinances, and regulations pertaining to use of Agency-owned property,and shall: 1. Not cause unreasonable impacts on traffic and other facility users. 2. Clean up all hazardous materials deposited by, or resulting from,Contractor operations. 3. 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 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 20 00120 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: A. The subsurface investigations made by the Agency are for the purpose of obtaining data for planning and design of the Project B. 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. C. 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. D. 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 21 00120 product of the unit price multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more than two decimal places to the right of the decimal point,and shall be expressed in U.S. dollars and cents (for example,$150.25 or$0.37). Unit prices submitted which contain more than two decimal places,will be truncated by the Agency at the second decimal place to determine the product of the unit price and quantity. No rounding will be considered or paid. Bidders Bid shall also enter the total amount of the Bid obtained by adding amounts for all items in the Bid Schedule. Corrections or changes of item entries shall be in ink,with incorrect entry lined out and correct entry entered and initialed in ink by the person signing the Bid. C. Bidder's Address and Signature Pages -Bidders shall include in the Bid the address to which all communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly authorized representative of the Bidder. D. Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the total amount of the Bid. 1. Bid Guaranty-The Bid guaranty shall be either a Surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or certified check made payable to the Agency. (see ORS 279C.365(4)) If a Surety bond is submitted,Bidders shall use the Agency's standard Bid Bond form included with the Bid Booklet or an alternative Bid Bond form acceptable to the Agency. Bidders shall submit the bond with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted by mail, delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid Booklet. 1. Acceptable Surety companies are limited to those authorized to do business in the State of Oregon. 2. Forfeiture of Bid guaranties is covered by 00130.60,and return of guaranties is covered by 00130.70. E. Disclosure of First-Tier Subcontractors—If the Bidder's Bid exceeds $100,000 or without regard to the amount of a Bidder's Bid, if the Agency's cost estimate for a public improvement project as indicated in the Advertisement for Bids 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: 1. 5% of the total Project Bid,but at least$15,000;or 2. $350,000,regardless of the percentage of the total Project Bid. For each Subcontractor listed,Bidders shall state: 1. The name of the Subcontractor; 2. The dollar amount of the subcontract; and 3. 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. 22 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 Bid Documents. Submit Bids in a sealed envelope. If a delivery or courier service is used, the Bidder shall place the sealed envelope containing the Bid inside the delivery or courier service's envelope. Bids submitted after Bid Closing time will not be opened or considered. The Agency assumes no responsibility for the receipt and return of late Bids. Preparation and submission of Bids is at the sole risk and expense of the Bidder and is not a cost of Contract performance. B. All Bid material submitted by Bidder shall become the property of the Agency and is public record unless otherwise specified. A Bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information,which must be open to public inspection. 00120.60 Modification or Withdrawal of Bids: A. Modification -Bids once submitted may be modified in writing prior to the time and date set for Bid Closing and submitted to the place designated for receipt of Bids. Any modifications shall be prepared on the company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior Bid. The Bid modification shall be delivered in a sealed envelope and shall be marked as follows: BID MODIFICATION Bid Title and Closing Date and Time B. 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. 23 00120 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. 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: a) Return the number of signed Bids or number of other documents required by the Bid Documents; b) Sign the Bid Form in the designated block so long the Bid Documents evidence an intent to be bound;or c) Acknowledge receipt of an Addendum to the Bid Documents,but only if: d) It is clear from the Bid that the Bidder received the Addendum and intended to be bound by its terms; or e) 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 24 00120 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: If low tie Bids are received,a preference shall be given to goods and services that have been manufactured or produced in Oregon. 1. If the bids remain tied after application, preference shall be given to the Bidder whose principal offices or headquarters are located in Oregon. 2. If the Bids remain tied after application and Subsections a, 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. 3. If there are no Oregon Bidders after applicaion and subsections a and b, 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: A. The Bid Section documents provided are not properly used or contain unauthorized alterations. B. The Bid is incomplete or incorrectly completed. C. The Bid contains improper additions, deletions,alternate Bids, or conditions. D. 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. E. The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as required by 00120.40 and F. A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may be rejected. G. The Bid has entries not typed or in ink, or has signatures or initials not in ink. H. Each change or correction is not individually initialed. I. White-out tape or white-out liquid is used to correct item entries. J. The price per unit cannot be determined. K. The Bid guaranty is insufficient or improper. L. The original Bid Bond form is not used or is altered. M. 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 Pro)ects) 25 00120 N. A disclosure of qualified first-tier Subcontractors, if required under 00120.40(f ,is not received within 2 working hours of the time Bids are due to be submitted, or the disclosure form is not complete. O. The Bidder has not complied with the DBE requirements of the solicitation. P. The Bid does not acknowledge all issued Addenda. Q. The Bid contains entries that are not greater than zero. R. The Bid entries are not expressed in U.S. dollars and cents. S. 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 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: A. Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar months immediately preceding submission of the Bid; B. A business address in the State of Oregon; and C. 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: A. More than one Bid is submitted for the same Work by an Entity under the same or different name(s). B. Evidence of collusion among Bidders. Participants in collusion will be found not responsible, and may be subject to criminal prosecution. C. Any of the grounds for disqualification cited in ORS 279C.440. A Bidder will be disqualified if the Bidder has: A. Not been prequalified if required by 00120.02; B. Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860; 26 00120 C. 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. Failure to furnish the registration number, if requested, will render the Bid non-responsive and subject to rejection. (not required on Federal-Aid projects); or D. 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. 27 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. 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: A. Substantially complied with all prescribed public bidding procedures and requirements. B. 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. C. A satisfactory record of performance. In evaluating a Bidder's record of performance, the Agency may consider, among other things,whether the Bidder completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of evaluating a Bidder's performance on previous contracts of a similar nature, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Bidder's control, the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. D. A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may consider, among other things,whether the Bidder has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder's performance of a contract or subcontract. E. Qualified legally to contract with the Agency. F. 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. G. 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: 28 00130 A. Seven working days after the Notice of Intent to Award has been posted as specified in the advertised solicitation or Addendum thereto;or B. 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 a written mutual agreement between successful Bidder and Agency. The Contractor will not automatically be entitled to extra compensation because the commencement of Work is delayed by failure of the Agency to send the Contract for execution. However, if more Calendar Days elapse between the date the Bid is opened and the date the Agency sends the Contract to be executed, as specified in 00130.10, the Agency will consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract completion resulting directly from delay in commencement. 00130.15 Right to Protest Award-Adversely affected or aggrieved Bidders, limited to the three apparent lowest Bidders and any other Bidder directly in line for Contract Award,may submit to the Agency a written protest of the Agency's intent to Award within seven Calendar days following the date of the Notice of Intent to Award. The protest shall specify the grounds upon which it is based. An aggrieved Bidder may protest an award only if the Bidder alleges, in its written protest, that it should have received the award because: A. All lower Bids are non-responsive; B. The Agency failed to conduct the Bid process as described in the Bid Document; C. The Agency has abused its discretion in rejecting the protestor's Bid as non-responsive or non- responsible;or D. 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: A. Public Improvement B. Contract C. Performance Bond D. Payment Bond E. Prevailing Wage Rates F. Special Provisions 00130.40 Contract Submittals -Before the Agency will execute the Contract, the successful Bidder shall furnish the following: 29 00130 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. C. Registration Requirements: 1. ORS 701.021, ORS 701.026, and ORS 671.530 require that Bidders be registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board prior to submission of a Bid on a Project not involving federal funds. Registration with the Construction Contractors Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on Federal-Aid Projects; however, the Agency will not execute a Contract until the Contractor is so registered or licensed. 2. Bidders must be registered with the Corporation Division, Oregon.Secretary of State, if bidding as a corporation, limited liability company, joint venture, or limited liability partnership, or if operating under an assumed business name and the legal name of each person carrying on the business is not included in the business name. 3. A Contractor registered under ORS 701 may bid on a landscaping Project or perform a construction project that includes landscape contracting as a portion of the project if the landscape contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520. 4. A landscaping business may bid on a Project or perform a Contract that includes the phase of landscape contracting for which it is not licensed if it employs a landscape contractor, or subcontracts with another licensed landscaping business, licensed for that phase. D. Tax Identification Number-The successful Bidder shall furnish the Agency the Bidder's Federal Tax Identification Number. 00130.50 Execution of Contract and Bonds: A. By the Bidder -The successful Bidder shall deliver the required number of Contract booklets with the properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation coverage, and the required certificates of insurance, to the Agency within 10 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall return the originals of all documents 30 00130 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: 1. 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. 2. If the Contractor is a corporation, the President and the Secretary of that corporation shall sign the Contract, Performance Bond, and Payment Bond. However, if other corporate officers are authorized to execute contracts and bonds, the successful Bidder shall furnish with those documents a certified, true and correct copy of the corporate bylaws or minutes stating that authority. If only one officer is signing, then the bylaws or minutes must include the authority to sign without the signature of others. The successful Bidder shall also include the title(s) or corporate office(s) held by the signer(s). B. By the Agency-Within 10 Working Days after the Agency has received and verified the properly executed documents specified in 00130.50(a),and received legal sufficiency approval from the Agency's attorney(if required), the Agency will execute the Contract. The Agency will then send a fully-executed original Contract booklet to the successful Bidder,who then officially becomes the Contractor. 00130.60 Failure to Execute Contract and Bonds -Failure of the successful Bidder to execute the Contract and provide the required certificates, certifications, and bonds may be cause for cancellation of the Award,and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to the next lowest responsible Bidder, the Project may be re-advertised, or the Work may be performed otherwise as the Agency decides. The forfeited Bid guaranty will become the Agency's property,not as a penalty but as liquidation of damages resulting from the Bidder's failure to execute the Contract and provide the certificates, certifications, and bonds as required by these Specifications. 00130.70 Release of Bid Guaranties -Bid guaranties will be released and checks returned 7 Calendar Days after Bids are opened, except for those of the three apparent lowest Bidders on each Project. The guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders within 7 days of the Agency's execution of the Contract. 00130.80 Project Site Restriction-Until the Agency sends the Contractor written Notice to Proceed with the Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not move Materials,Equipment, or workers onto that Project Site. 00130.85 Tigard Business License - Contractor shall obtain a Tigard Business License or Metro License for builders and landscape contractors prior to delivering services under this Contract. 00130.90 Notice to Proceed-Notice to Proceed will be issued within 5 Calendar Days after the Contract is executed by the Agency. Should the Agency, fail to issue the Notice to Proceed within 5 Calendar Days of Contract execution, the Contractor may apply for an adjustment of Contract Time according to 00180.80(c). 31 00140 Section 00140- Scope of Work 00140.00 Purpose of Contract -The purpose of the Contract is to set forth the rights and obligations of the parties and the terms and conditions governing completion of the Work. The Contractor's obligations shall include without limitation the following: A. 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. B. 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. C. 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: A. Specifications and design B. Grade and alignment C. Cross Sections and thicknesses of Courses of Materials D. Method or manner of performance of Work E. Project Limits or may result in A. Increases and decreases in quantities B. Additional Work C. Elimination of any Contract item of Work D. Acceleration or delay in performance of Work Upon receipt of a Change Order, the Contractor shall perform the Work as modified by the Change Order. If the Change Order increases the Contract Amount, the Contractor shall notify its Surety.of the increase and direct the Surety to increase the amount of the performance and payment bonds to equal the new Contract Amount. If requested, the Contractor shall provide the Agency with a copy of the modified bond documents within 15 calendar days of receipt of the Change Order. The Contractor's performance of Work according to Change Orders shall neither invalidate the Contract nor release the Surety. Payment for changes in the Work will be made according to 00195.20. Contract Time adjustments, if any,will be made according to 00180.80. A Change Order signed by the Contractor is the agreement that the adjustment in the Contract Amount or Contract Time indicated is full compensation for allchange order items including the impact of the change order on the balance of the Work to be accomplished. 32 00140 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: A. 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 B. 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: A. Standard Specifications B. Standard Drawings C. Other Plans and Specifications issued by the Engineer Payment for Extra Work will be made according to Section 00196. Contract Time adjustments, if any,will be made according to 00180.80. 00140.65 Disputed Work-The Contractor may dispute any part of a Change Order, written order, or an oral order from the Engineer by the procedures specified in Section 00199. 00140.70 Cost Reduction Proposals -The Contractor may submit written proposals to the Engineer that modify Plans, Specifications, or other Contract Documents for the sole purpose of reducing the total cost of construction. Unless otherwise agreed to in writing by the Agency, a proposal that is solely or primarily a proposal to reduce estimated quantities or delete Work, as determined by the Engineer, is not eligible for consideration as a cost reduction proposal and will instead be addressed under 00140.30,whether proposed or suggested by the Agency or the Contractor. A. Proposal Requirements -The Agency will not adopt a cost reduction proposal that impairs essential functions or characteristics of the Project including but not limited to service life, economy of operation, ease of maintenance, designed appearance, or design and safety standards. 33 00140 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: 1. A description of existing Contract requirements for performing the Work and the proposed change; 2. The Contract items of Work affected by the proposed change, including any quantity variation caused by the proposed change; 3. Pay Items affected by the proposed change including any quantity variations; 4. 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 5. A date by which the Engineer must accept the proposal in order to accept the proposed change without impacting the Contract Time or cost reduction amount. B. Continuing to Perform Work-The Contractor shall continue to perform the Work according to Contract requirements until the Engineer issues a Change Order incorporating the cost reduction proposal. If the Engineer fails to issue a Change Order by the date specified in the proposal,the proposal shall be deemed rejected. C. Consideration of Proposal-The Engineer is not obligated to consider any cost reduction proposal. The Agency will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted. The Engineer will determine in its sole discretion whether to accept a cost reduction proposal as well as the estimated net savings in construction costs from the adoption of all or any part of the proposal. In determining the estimated net savings, the Engineer may disregard the Schedule of Items. The Engineer will establish prices that represent a fair measure'of the value of Work to be performed or to be deleted as a result of the cost reduction proposal. D. Sharing Investigation Costs -As a condition for considering a Contractor's cost reduction proposal, the Agency reserves the right to require the Contractor to share in the Agency's costs of investigating the proposal. If the Agency exercises this right, the Contractor shall provide written acceptance of the condition to the Engineer. Such acceptance will authorize the Agency to deduct its share of investigation costs from payments due or that may become due to the Contractor under the Contract. E. Acceptance of Proposal Requirements -If the Contractor's cost reduction proposal is accepted in whole or in part, acceptance will be made by a Change Order that will include without limitation the following: 1. Statement that the Change Order is made according to 00140.70; 2. Revised Contract Documents that reflect all modifications necessary to implement the approved cost reduction measures; 3. Any conditions upon which the Agency's approval is subject; 4. Estimated net savings in construction costs attributable to the approved cost reduction measures; and 34 00140 5. 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: A. The Engineer provides written approval that states that such rental is in the public interest;and B. Rental does not increase the Project cost. 00140.90 Final Trimming and Cleanup -Before Final Inspection as described in 00150.90, the Contractor shall neatly trim and finish the Project and remove all remaining unincorporated Materials and debris. Final trimming and cleanup shall include without limitation the following: A. The Contractor shall retrim and reshape earthwork, and shall repair deteriorated portions of the Project Site. B. Where the Work has impacted existing facilities or devices, the Contractor shall restore or replace those facilities to their pre-existing condition. C. The Contractor shall clean all drainage facilities and sanitary sewers of excess Materials or debris resulting from the Work. D. 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. E. The Contractor shall remove temporary buildings, construction plants, forms, falsework and scaffolding, surplus and discarded Materials,and rubbish. F. 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. G. The Contractor shall restore and replant or resurface adjoining properties to match existing grades and existing surfaces. H. 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 35 00140 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. A. As-built location of underground and surface services and utilities as installed B. 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 C. As-built changes in dimension,location,grade or detail to that shown on plans D. As-built changes made by change order E. As-built details not in original plans F. As-built fully completed shop drawings reflecting all revisions Upon completion of the construction,the Contractor shall review and certify the construction set of"As- Built" drawings for completeness and accuracy of representation of any changes. Final payment will not be processed until"As-Built" drawings have been submitted and approved. 36 00150 Section 00150 - Control of Work 00150.00 Authority of the Engineer (Project Manager) -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: A. Quality and acceptability of Materials and workmanship B. Measurement of unit price Work C. Timely and proper prosecution of the Work D. Interpretation of Contract Documents E. Payments due under the Contract The Contractor shall direct all requests for clarification or interpretation of the Contract, in writing, to the Engineer. The Engineer will respond within a reasonable time. Contract clarification or interpretation obtained from persons other than the Engineer. The Engineer's decision is final and, except as provided in Section 00199 for claims for additional Contract Time or Contract Price,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. The Engineer shall have the authority to appoint Inspectors and other personnel as required to assist in the administration of the Contract. The authority stated in this subsection is subject to the individuals delegated authority by the Agency. If the individual does not have the state authority, the subsection reference shall include Agency personnel that have such authority. 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: A. Inspect Work performed and Materials furnished, including without limitation, the preparation, fabrication, or manufacture of Materials to be used; B. Orally reject defective Materials and to confirm such rejection in writing; C. By oral order, temporarily suspend the Work for improper prosecution pending the Engineer's decision;and D. Exercise additional delegated authority. Inspectors are not authorized to: A. Accept Work or Materials. B. Alter or waive provisions of the Contract. C. Give instructions or advice inconsistent with the Contract Documents. 37 00150 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. C. Material Discrepancies - If the Contractor identifies a discrepancy, error, or omission in the Contract Documents that cannot be resolved by the approach specified in (b) above, the Contractor shall immediately request clarification from the Engineer 00150.15 Construction Stakes,Lines, and Grades: A. Agency Responsibilities -The Engineer will provide the location of the existing benchmarks and horizontal control locations used to design the project and prepare the Plans. B. Contractor Responsibilities -The Contractor shall: 1. Accurately measure detailed dimensions, elevations, and slopes from the Engineer's benchmarks and horizontal control locations; 2. 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. 38 00150 3. Inform the Engineer of any property corners monuments and/or survey markers that are not shown on the Plans and are found during construction activities prior to disturbing the monuments. Allow the Agency 2 Work days for referencing all found markers before they are removed. Monuments that are noted on the Plans to be protected and are disturbed by the Contractor's activities shall be replaced by the Contractor's surveyor at the Contractor's expense in accordance with ORS Chapter 209. 00150.20 Inspection: A. Inspection by the Engineer-The Engineer may test Materials furnished and inspect Work performed by the Contractor to ensure Contract compliance. The Contractor shall notify the Engineer 48 hours (two full Work Days) in advance for inspection of each portion of the Work. Contractor shall not begin placing successive Courses or portions of Work until preceding Courses or portions of the Work have been inspected and approved by the Engineer. If the Contractor performs Work without the Engineer's inspection or uses Materials that the Engineer has not approved, the Engineer may order affected portions of the Work removed at the Contractor's expense. At the Engineers 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 safe access to the Work to be inspected. The Contractor shall require producers and fabricators to provide safe inspection access as requested by the Engineer. C. Sampling-When directed by the Agency, the Contractor shall furnish the Engineer with samples of Materials that the Engineer will test. All of the Contractor's costs related to this required sampling are Incidental. D. Inspection by Third Parties -Where third parties have the right to inspect the Work, the Contractor shall coordinate with the Engineer and shall provide safe inspection access. E. Contractor's Duty to Make Corrections -The Contractor shall perform all Work according to the Contract Documents. The Contractor shall correct Work that does not comply with the Contract Documents at its own expense. Inspection of the Work by the Engineer does not relieve the Contractor of responsibility for improper prosecution of the Work. 00150.25 Acceptability of Materials and Work-The Contractor shall furnish Materials and shall perform Work in Close Conformance to the Contract Documents. If the Engineer determines that the Materials furnished or the Work performed are not in Close Conformance with the Contract Documents, the Engineer may: 39 00150 A. Reject the Materials or Work and order the Contractor, at the Contractor's expense, to remove, replace,or otherwise correct any non-conformity;or B. 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: A. In person; B. By U.S. Postal Service certified or registered mail (return receipt requested), to the current office address as shown in the records of the Agency;or C. 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: A. At the time of actual receipt when delivered in person; B. At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery by certified or registered,whichever is earlier;or C. At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for overnight delivery service,whichever is earlier. Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address shown in the Special Provisions, unless a different address is agreed to by the Engineer, and shall be delivered: A. In person; B. By U.S.Postal Service certified or registered mail (return receipt requested);or C. By overnight delivery service of a private industry courier. Notices will be considered as having been received by the Agency: A. At the time of actual receipt when delivered in person; B. At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery by certified or registered,whichever is earlier; or C. At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for overnight delivery service,whichever is earlier. 00150.35 Submittals: A. Description — Submittals covered by these requirements include manufacturers' information, shop drawings, test procedures, test results, samples, and miscellaneous Work-related submittals. Submittals shall also include, but not be limited to, all mechanical, electrical and electronic equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit details. The Contractor shall furnish all drawings, specifications, descriptive data, certificates, samples, tests,methods, schedules, and manufacturer's installation and warranty information and other instructions as specifically required in the Contract Documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract Documents. 40 00150 B. Contractor's Responsibilities 1. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated.The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where his submittal may affect the work of another contractor or the Agency. The Contractor shall coordinate submittals among its subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections. 2. The Contractor shall coordinate submittals with the Work so that Work will not be delayed. It shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The Contractor shall not proceed with Work related to a submittal until the submittal process is complete. This requires that submittals for review and comment shall be returned to the Contractor with the indication "No Exceptions Taken" or "Make Corrections Noted." 3. 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 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. 4. The Contractor shall certify on each submittal document that it has reviewed the submittal,verified field conditions,and complied with the contract documents. 5. 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. 41 00150 A submittal without the form or where applicable items on the form are not completed will be returned for resubmittal. 3. Organization a) 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. b) 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. c) Unless indicated otherwise, terminology and equipment names and numbers used in submittals shall match those used in the Contract Documents 4. Format a) Minimum sheetsize 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. b) 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. c) 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.B" and so on. d) 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. Engineer's cost for submittal review beyond the first resubmittal is provided in the Special Provisions. The Engineer's maximum review period for each submittal or resubmittal will be 21 Days. 42 00150 7. If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision and resubmission will not be required. S. If a submittal is returned marked "MAKE CORRECTIONS NOTED," Contractor shall make the corrections on the submittal, but formal revision and resubmission will not be required, except where specifically required by Engineer as indicated on the submittal review form. 9. If a submittal is returned marked "AMEND-RESUBMIT," the Contractor shall revise it and shall resubmit the required number of copies to the Engineer for review. Resubmittal of portions of multi-page or multi-drawing submittals will not be allowed. For example, if a Shop Drawing submittal consisting of 10 drawings contains one drawing noted as "AMEND - RESUBMIT," the submittal as a whole is deemed "AMEND -RESUBMIT," and 10 drawings are required to be resubmitted. 10.If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean either that the proposed material or product does not satisfy the specification, the submittal is so incomplete that it cannot be reviewed, or is a substitution request not submitted in accordance with the General Conditions. In the first 2 cases, the Contractor shall prepare a new submittal and shall submit the required number of copies to the Engineer for review. In the latter case, the Contractor shall submit the substitution request according to the General Conditions. 11.Resubmittal of rejected portions of a previous submittal will not be allowed. Every change from a submittal to a resubmittal or from a resubmittal to a subsequent resubmittal shall be identified and flagged on the resubmittal. 12.Fabrication of an item may commence only after the Engineer has reviewed the pertinent submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED". Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as changes to the Contract requirements. 13.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: a) Before delivery and unloading,for the following types of submittals: A. Manufacturers'installation instructions B. Manufacturers' and Installers' experience qualifications C. Ready mix concrete delivery tickets D. Design calculations 43 00150 E.Affidavits and manufacturers' certification of compliance with indicated product requirements F. Laboratory analysis results G. Factory test reports' b) 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. A. Manufacturers' field representative certification of proper installation c) Within 30 Days of the event documented for the following types of submittals: A. Field measurement B. Field test reports C. Receipt of permit D. 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 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: a. Manufacturers'field representative certification of proper installation. 2. Within 30 Days of the event documented for the following types of submittals: a. Field measurement b. Field test reports c. Receipt of permit d. 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. F. Deferred Submittals to Agency 1. For the purposes of this section,Deferred Submittals are defined as those portions of the Project that are Contractor-designed and must be submitted to the Agency's building official for approval and to meet Building Permit plan review requirements. 2. The Engineer will schedule a pre-submittal conference with the Contractor and Agency's building official to discuss proposed Deferred Submittal items, requirements, and review schedule. 3. The Contractor shall list the Deferred Submittals on the title or cover sheet of the Drawings for submission to the Agency and shall state the design criteria/assumptions of the Deferred Submittal items on the plans. Deferred Submittals shall include details for connection of materials to the structure and calculations showing that the specified structural requirements are met. 4. The Contractor shall submit Deferred Submittals to the Engineer for review for general conformance to the design of the structure. Neither the Agency nor the Engineer is responsible for coordination of Deferred Submittal components with Contract Documents. Review does not lessen nor shift burden or responsibility from Contractor or assigned subcontractor/supplier to the Agency or Engineer. The Engineer, upon confirming the Deferred Submittals are in general conformance with the design, shall forward the Deferred Submittals to the building official. Contractor is responsible, with 44 00150 no exceptions, to ensure that building official's Deferred Submittal review will not adversely affect Project's construction schedule. The Deferred Submittal items shall not be installed by the Contractor until the design and Deferred Submittals have been approved by the building official. G. 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: A. Provide for the cooperation and superintendence on the Project by: 1. Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work;added Work;or changed Work. 2. 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. 3. 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. B. Appoint a single Superintendent and any alternate Superintendent who shall meet the following qualifications: 1. Appointees shall be competent to manage all aspects of the Work. 2. Appointees shall be from the Contractor's own organization. 3. Appointees shall have performed similar duties on at least one previous project of the size, scope and complexity as the current Contract. 4. Appointees shall be experienced in the types of Work being performed. 5. Appointees shall be capable of reading and thoroughly understanding the Contract Documents. 6. The appointed single Superintendent,or any alternate Superintendent shall: 7. 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. 8. 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. 45 00150 9. Have full authority and responsibility to promptly execute orders or directions of the Engineer. 10.Have full authority and responsibility to promptly supply the Materials,Equipment,labor, and Incidentals required for performance of the Work. 11.Coordinate and control all Work performed under the Contract, including without limitition the Work performed by Subcontractors, Suppliers, and Owner Operators. 12.Diligently pursue progress of the Work according to the schedule requirements of Section 00180. 13.Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the Work. 14.Provide all assistance reasonably required by the Engineer to obtain information regarding the nature,quantity,and quality of any part of the Work. 15.Provide access, facilities and assistance to the Engineer in establishing such lines, grades and points as the Engineer requires. 16.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. B. Contractor's Responsibilities -The Contractor shall: 1. Follow applicable rules adopted by the Oregon Utility Notification Center; 2. Contact Utility owners.after the Contract is awarded to verify all Utilities'involvement on the Project Site; 3. 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; 4. 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; 5. Protect from damage or disturbance any Utility that remains within the area in which Work is being performed; 6. 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 7. Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility adjustment. 46 00150 Subject to the Engineer's approval, the Contractor may propose adjustments to the Utilities by asking the Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the Special Provisions. The Contractor shall conduct all negotiations, make all arrangements,and assume all costs that arise from such changes. C. Notification-This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344. The Contractor shall comply with the rules of the Oregon Utility Notification Center, OAR 952- 001-0010 through OAR 952-001-0090, and ORS 757.993. The Contractor may contact the Oregon Utility Notification Center at 503-232-1987 about these rules. 00150.53 Utilities and Existing Improvements: A. General-Information shown on the Plans as to the location of existing water course's and utilities has been compiled from available sources and may not be accurate. The Contractor shall determine the location and nature of affected water courses, utilities and underground improvements prior to commencing Work. The Contractor shall provide for the flow of water courses and essential utilities that may be interrupted during the progress of the Work and shall restore such water courses or utilities after completion of the Work. The Contractor shall be responsible for exploratory excavations as it deems necessary to determine the exact locations and depths of utilities which may interfere with Work. All such exploratory excavations shall be performed as soon as practicable after Notice to Proceed and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's progress. When such exploratory excavations show the utility location as shown on the Plans to be in error, the Contractor shall so notify the Engineer. 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 in the Special Provisions, 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 47 00150 franchise holder, such utility company or franchise holder shall be notified by the Contractor to remove or relocate such property within a specified reasonable time. When utility lines that are to be removed or relocated are encountered within the area of operations, the Contractor shall notify the utility company and the Engineer a sufficient time in advance for the necessary measures to be taken to prevent the interruption of service. C. Underground Utilities and Improvements Indicated-Existing utility lines and underground improvements that are indicated or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all utility lines and underground improvements that are encountered during excavation operations shall be protected from damage during excavation and backfilling and, if damaged, shall be immediately repaired or replaced by the Contractor, unless otherwise repaired by the owner of damaged utility. If the owner of the damage facility performs its own repairs, the Contractor shall reimburse said owner for the costs of repair. D. Underground Utilities and Improvements Not Indicated-In the event that the Contractor damages existing utility lines or underground improvements that are not indicated in the Plans or marked in the field, or are not indicated or marked with reasonable accuracy, or the locations of which are not made known to the Contractor prior to excavation, the Contractor shall immediately provide a verbal report of such damage to the Engineer, and provide a written report thereof promptly thereafter. The Contractor shall immediately notify the owner of the damaged utility. If directed by the Engineer, repairs shall be made by the Contractor under the provisions for changes and extra work contained in the General Conditions. This subsection applies only to main line utilities. For service lines, see Subsection 00150.53(e). For purposes of this section, "reasonable accuracy" is defined as within two (2) feet from the outside lateral dimensions of both sides of an underground utility or facility from actual location.No representation shall be made concerning the accuracy of vertical elevations of existing utilities, even if indicated in the plans, and no additional payment will be made for damage to utilities encountered at depths differing from those indicated. E. Underground Services Indicated or Not-If service lines are encountered, whether shown, marked or not, the Contractor shall take precautions to carefully work around them and repair them if they are damaged by the Contractor,at no additional cost to the Agency. F. Approval of Repairs-All repairs to a damaged utility or improvement shall be accepted and approved by an authorized representative of the utility or improvement owner and accepted by the Agency before being concealed by backfill or other Work. G. Agency's Right of Access -The right reserved to the Agency and to the owners of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract. 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: A. The Contractor shall coordinate Work with other contractors or forces. B. The Contractor shall cooperate in good faith with all other contractors or forces. 48 00150 C. The Contractor shall perform the Work specified in the Contract in a way that will minimize interference and delay for all forces involved. D. The Contractor shall place and dispose of the Materials being used so as not to interfere with the operations of other forces. E. The Contractor shall join the Work with that of other forces in a manner acceptable to the Engineer or the Agency, and shall perform it in the accepted sequence with the work of the other force. The Engineer will resolve any disagreements under this Subsection that may arise among the Contractor and other work forces, or between the Contractor and the Agency. The Engineer's decision in these matters is final,as provided in 00150.00. When the schedules for Work of the Contractor and the work of other forces overlap, each contractor involved shall submit a current,realistic progress schedule to the Engineer. Before the Engineer accepts the schedule, each party shall have the opportunity to review all schedules. After this review and any necessary consultations,the Engineer will determine acceptable schedules. The Contractor waives any right it may have to make claims against the Agency for any damages or claims that may arise because of inconvenience, delay, or loss due solely to the presence of other contractors working on or near the Project Site. If the Contract gives notice of work to be performed by other forces that may affect the Contractor's Work under the Contract, the Contractor shall include any costs associated with coordination of the Work in the appropriate Pay Item or as a portion of a Pay Item. In an emergency, the contractor most immediately able to respond may repair a facility or Utility of another contractor in order to prevent further damage to the facility, Utility, or other Structure as a result of the emergency. 00150.60 Construction Equipment Restrictions: A. Load and Speed Restrictions for Construction Vehicles and Equipment-The Contractor shall comply with legal weight and speed restrictions when moving Materials or Equipment beyond the limits of the Project Site. The Contractor shall control vehicle and Equipment loads and speeds within the Project Site according to the following restrictions,unless the Special Provisions provide otherwise: 1. The Contractor shall restrict loads and speeds as necessary to avoid displacement or loss of Materials on Subgrades and Aggregate Bases. 2. 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. 3. 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. 49 00150 C. Responsibility for Damages -The Contractor shall assume responsibility for damages caused by excessive Equipment speed or loads while performing the Work, both inside and outside the Project Site. The Engineer's permission to cross Bridges and other Structures, according to 00150.60(a) will not relieve the Contractor from responsibility for load-caused damages. 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: A. Work that extends beyond lines shown on the Plans or otherwise established by the Engineer; B. Work that is contrary to the Engineer's instructions;and C. Work that is conducted without the Engineer's written authorization. The Agency will not pay the Contractor for unacceptable Work, except as provided in 00150.25, or unauthorized work. The Engineer may issue a written order for the correction or removal of such work at the Contractor's expense. If, when ordered by the Engineer, the Contractor fails to correct or remove unacceptable Work or unauthorized work, the Engineer may have the correction, removal, or removal and replacement, done by others and deduct the entire cost from monies due or to become due the Contractor under the Contract. 50 00150 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) including notification of required corrective work (punch list) to be completed prior to Engineer's issuance of Third Notification (Final Completion). 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: 1. The Contractor has completed all On-Site Work required under the Contract, including the punch list items from (a) above; 2. The Contractor has removed all Equipment;and 3. The Contractor has submitted all required certifications,bills, forms,warranties and other documents. 4. The Contractor has submitted complete and acceptable "As-Built" drawings as specified in 00140.95. 00150.91 Post-Construction Review-The Contractor or the Engineer may request a Post-Construction Review meeting, to be held at a time prior to issuance of Third Notification but not earlier than 15 Days following the date of Second Notification. The meeting may be held if agreed to by both parties. The party making the request will conduct the meeting, and will announce the time and place of the meeting at least 15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible process improvements that may benefit future projects. 00150.95 Final Acceptance -After the Engineer completes Final Inspection of all Work including all corrective work identified by the Agency during the Correction Period,the Agency will acknowledge Final Acceptance. The Agency will notify the Contractor in writing of the date of Final Acceptance within 7 Calendar Days after Final Acceptance,or as soon thereafter as is practicable. 00150.96 Maintenance Warranties and Guarantees -Prior to Second Notification, the Contractor shall transfer to the Agency all unexpired manufacturers', suppliers' and installers' warranties and guarantees for Materials and Equipment installed on the Project. Such warranties and guarantees shall recite that they are enforceable by the Agency. 00150.97 Responsibility for Materials and Workmanship: A. The Contractor shall perform the Work according to the terms, conditions,and requirements of the Contract. B. Until the Agency's Final Acceptance of the Work,the Contractor shall be responsible for: 1. Correcting or repairing any defects in, or damage to,the Work which results from the use of improper or defective materials or workmanship;or 2. Replacing,in its entirety, the Work affected by the use of improper or defective materials or workmanship to the extent provided by law;and 51 00150 3. 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). 52 00160 Section 00160 - Source of Materials 00160.00 Definitions -The following definitions apply to Section 00160: A. Prospective Source -Agency-furnished Materials source, use of which by the Contractor is optional. The Agency makes no guarantee or representation, by implication or otherwise, of the land use status, quantity, quality, or acceptability of Materials available from it, except as may be stated in the Special Provisions. B. Mandatory Source -Agency-furnished Materials source, use of which by the Contractor is required. 00160.01 Notification of Source of Supply and Materials: A. All Materials -The Contractor shall notify the Engineer in writing of all proposed Materials sources of supply,including without limitation any steel or other fabricators within the following time frames: 1. At least 15 Calendar Days before using or fabricating Materials, if source is within the State; or 2. 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 shall replace qualified products not conforming to Specifications or not properly handled or installed at the Contractor's expense. 00160.10 Ordering, Producing, and Furnishing Materials -The Contractor shall not place orders for or produce full quantities of Materials anticipated to be required to complete the Work until the Work has advanced to a stage that allows the quantities to be determined with reasonable accuracy. 53 00160 A. Contractor's Duties- In purchasing, producing, or delivering Materials, the Contractor shall take into account the following: 1. Kind of work involved; 2. Amount of work involved; 3. Time required to obtain Materials;and 4. 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: 1. Materials the Contractor may deliver or produce in excess of Contract requirements; 2. Extra expense the Contractor may incur because Materials were not ordered or produced earlier;or 3. The Contractor's 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 limitation 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. 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. 54 00160 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. Not 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. 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: 1. In stockpiles at designated locations 2. At locations and in shapes that are readily accessible;and 3. 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 55 00160 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: a) The Department of Geology and Mineral Industries, as required under ORS 517.790; b) 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 Wedand); and c) Local governmental authorities having jurisdiction over land use at the source location. 2. Furnished to the Engineer written approval of the property owner, if other than the Contractor, for the Contractor's proposed plans of operation in, and reclamation of, the source. The Contractor shall include in the document containing the property owner's written approval a summary of the requirements of the permits described above, which shall be subject to the Engineer's approval. 00160.70 Requirements for Plant Operations -Before operating mixing plants, Rock crushers, or other Equipment, the Contractor shall provide the Engineer copies of all applicable discharge permits for noise, air contaminants, and water pollutants from DEQ or applicable local jurisdictions, or a letter from DEQ or the local jurisdiction stating that no permits are required for the use of the Equipment and sites. 00160.80 Requirements for Sources of Borrow and Aggregate -The Contractor shall conduct operations according to all applicable federal, State, and local laws (including without limitation ORS 517 and OAR 632-030) when developing, using, and reclaiming all sources of Borrow material and Aggregate. The Contractor shall provide erosion control at Borrow sources that are not within the Project Site. The Contractor shall not operate in Wetlands except as allowed by permit. The Contractor shall comply with all 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: 1. Reasonably uniform depths and widths; 2. Natural drainage so no water stands or collects in excavated areas,when practicable; 3. Slopes trimmed to blend with the adjacent terrain upon completion of operations; 4. Slopes covered with native soil, or acceptable plant rejects to support plant growth, if required by Specifications,Plans,or permits;and 5. A vegetative cover that blends with the adjacent natural growth. C. Excavate in quarries so that: 1. Faces will not be steeper than vertical (no overhang); 2. Vertical faces conform to Oregon OSHA standards, Division 3, and as shown on an approved development plan; 3. Floors or benches are excavated to a uniform Slope free of depressions and will drain and not interfere with the downland owner's property; and 4. Upon completion, the quarry is left appearing neat and compatible with surrounding terrain. 56 00160 D. 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. 57 00165 Section 00165 - Quality of Materials 00165.00 General-The Contractor shall incorporate into the Work only Materials conforming to the Specifications and approved by the Engineer. The Contractor shall incorporate into the Work only manufactured products made of new materials unless otherwise specified in the Contract. The Agency may require additional testing or retesting to determine whether the Materials or manufactured products meet Specifications. Materials or manufactured products not meeting the Specifications at the time they are to be used are unacceptable and must be removed immediately from the Project Site, unless otherwise directed by the Engineer. 00165.01 Rejected Materials -The Engineer may reject any Materials that appear to be defective (00150.25) or that contain asbestos. The Contractor shall not incorporate any rejected Materials into the Work. Rejected Materials whose defects have been corrected may not be incorporated into the Work until the Engineer has approved their use. The Engineer may order the removal and replacement by the Contractor,at Contractor's expense,of any defective Materials. (refer also to 00150.20) 00165.03 Testing by Agency-When testing Materials, the Agency will conduct the tests in its central laboratory, field laboratories, or other laboratories designated by the Engineer, even though certain AASHTO, ASTM, and other Materials specifications may require testing at the place of manufacture. Results of the Agency's tests will be made available to the Contractor. 00165.04 Costs of Testing-When the Contract requires that the Agency performs the testing, the testing will be at the Agency's expense. Unless otherwise provided in the Contract, all testing required to be performed by the Contractor will be at the Contractor's expense. 00165.10 Materials Acceptance Guides - Unless otherwise specified elsewhere in the Contract, Materials will be accepted according to the following guides: A. Field-Tested Materials-Field-tested Materials will be accepted according to the ODOT Manual of Field Test Procedures (MFTP) unless otherwise specified in the Special Provisions. The MPTP 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 by the agency or organization on the first date of Advertisement for Bids. If there are conflicting references, or if no reference is made to Materials specifications or test method, Materials must meet the Materials specifications or test methods required by the first applicable of the following agencies and organizations: A. Field-Tested Materials: 1. Special Provisions 2. Standard Specifications; and 58 00165 3. MFTP B. Nonfield Tested Materials: 1. ODOT 2. WAQTC, 3. AASHTO, 4. ASTM; 5. Other recognized national organizations, such as ANSI,AWPA,IMSA,and UL;and 6. 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: A. Special Provisions; B. Standard Specification;and C. MFTP. 00165.30 Field-Tested Materials A. Acceptance of Field-Tested Materials -The Contractor's test results for field-tested Materials may be verified by the Agency. Materials will be analyzed as determined by the Engineer for acceptance before the Engineer will accept them for incorporation into the Work. Incorporated Materials that do not meet Specifications will be evaluated according to 00165.01 and 00150.25. If the Agency's verification testing reveals that the Contractor's data is incorrect, the Agency may require additional testing to determine whether the Materials meet Specifications. The Contractor shall perform additional quality control testing or provide split samples to the Agency for additional testing as directed. If the Materials do not meet Specifications, the Contractor shall reimburse the Agency for the cost of the additional testing,which may be deducted from monies due or to become due the Contractor under the Contract. Incorporated Materials that do not meet Specifications will be evaluated according to 00165.01 and 00150.25. If the Materials meet Specifications the Agency will pay the cost for the additional testing. 00165.35 Nonfield-Tested Materials -Materials will be subject to acceptance testing if the Engineer so elects. The Engineer may reject damaged or non-Specification Materials regardless of the Materials Test Results and Quality Compliance Certificates furnished. A. Test Results Certificate -The Certificate shall: 1. Be from the manufacturer verifying that the Material furnished has been sampled and tested and the test results meet the Specifications. 2. Include, or be accompanied by, a copy of the specified test results (ODOT, AASHTO, ASTM,UL or other). 3. Identify the independent testing agency and the representative responsible for the test results. 4. Permit positive determination that Material delivered to the Project is the same Material covered by the test results. 5. Be delivered to the Engineer with the shipment of the material. B. Quality Compliance Certificate -The Certificate from the manufacturer shall: 1. Verify that the Material meets the Specifications, and identify by number the specified test methods used, (ODOT,AASHTO,ASTM,UL,or other) 2. Permit positive determination that Material delivered to the Project is the same Material covered by the certificate, 59 00165 3. 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, C. Equipment List and Drawings -These consist of lists of proposed Equipment and Materials, such as: 1. Shop drawings 2. Material lists 3. Equipment lists 4. Catalog description sheets 5. 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. 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: A. Shall be readily accessible for inspection; B. May be stored on approved parts of the Right-of-Way;and C. 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. 60 00170 Section 00170- Legal Relations and Responsibilities 00170.00 General-The Contractor shall comply with all laws, ordinances, codes, regulations and rules, (collectively referred to as "Laws" in this Section), that relate to the Work or to those engaged in the Work. Where the provisions of the Contract are inconsistent or in conflict, the Contractor shall comply with the more stringent standard. The Contractor shall indemnify, defend, and hold harmless the Agency and its representatives from liability arising from or related to the violation of Laws by those engaged in any phase of the Work. This provision does not apply to Work performed by Agency employees. In any litigation, the entire text of any order or permit issued by a governmental or regulatory authority, as well as any documents referenced or incorporated therein by reference, shall be admissible for the purpose of Contract interpretation. The Contract shall not be construed against either party regardless of which party drafted it. Other than as modified by the Contract, the applicable rules of contract construction and evidence shall apply. This Contract shall be governed by and construed according to the laws of the State of Oregon without regard to principles of conflict of laws. Any dispute between the Agency and the Contractor that arises from or relates to this Contract and that is not resolved under the provisions of Section 00199 shall be brought and conducted solely and exclusively within the Circuit Court for the State of Oregon in the county where the Agency's main office is located; provided, however,if a dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Subsection be construed as a waiver by the State of Oregon on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION. 00170.01 Other Agencies Affecting Agency Contracts -Representatives of regulatory bodies or units of government whose Laws may apply to the Work shall have access to the Work according to 00150.20(d). These may include but are not limited to those in the following(a), (b), (c),and (d). A. Federal Agencies: Agriculture,Department of Forest Service Natural Resource Conservation Service Army,Department of the Corps of Engineers Commerce,Department of National Marine Fisheries Service Defense,Department of Energy,Department of Environmental Protection Agency (EPA) Federal Energy Regulatory Commission Geology Survey Health and Human Services,Department of Homeland Security,Department of U.S. Coast Guard (USCG) Housing and Urban Development,Department of 61 00170 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 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: 62 00170 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: A. Obtain all necessary permits and licenses,except for those noted in 00170.03; B. Pay all applicable charges, fees and taxes,except for those noted in 00170.03; C. Give all notices required by applicable Laws, or under the terms of the Contract; D. Comply with ORS 274.530 relating to lease of stream beds by Oregon Division of State Lands; E. License,in the State of Oregon,all vehicles subject to licensing; F. Comply with ORS 477.625 and ORS 527.670 relating to clearing and fire hazards on forest lands;and G. Comply with all orders and permits issued by a governmental authority,whether local, State, or federal. 00170.03 Furnishing Rights-of-Way, Easements 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: A. All necessary Rights-of-Way,Easements and Rights-of-Entry; B. Permits required for crossing or encroaching upon navigable streams; C. Permits required for removing materials from or depositing materials in waterways; D. Permits required for operating in Agency-controlled source of Materials or disposal area; E. System development fees charged by local units of government; F. Building construction permits, not including specialty work such as heating, ventilation, air conditioning, or electrical; G. Cost of referencing and replacing endangered survey monuments; and H. Environmental permits,including erosion control permits. 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 63 00170 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: A. Title 15 (Commerce and Trade),United States Code; B. ORS 646.725;and C. 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: D. In advance, of its intention to commence any action involving such claims for relief or causes of action; E. 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; F. 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 G. Immediately upon the discovery of any such antitrust claim for relief or cause of action. In the event any payment is made to the Contractor under any such claims for relief, the Contractor shall promptly pay the full sum over to the Agency. In the event the Contractor fails to make such payment, the Agency may deduct the amount from monies due or to become due the Contractor under the Contract. 00170.07 Record Requirements -For purposes of this Subsection the term "Contractor" includes the Contractor,all subcontractors,Material Suppliers,and providers of rented operated Equipment (except non- DBE truck drivers), at all tiers, for all subcontracts with first-tier Subcontractors, all subcontracts between the first-tier Subcontractors and their subcontractors and any other lower tier subcontracts, and "Related Entities" as that term is defined in OAR 731-005-0780. The Material Suppliers included in this definition are those for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and the supply and fabrication of structural steel items or Material Suppliers that provide quotes. A. Records Required-The Contractor shall maintain all records, whether created before or after execution of the Contract, or during Contract performance, or after Contract completion, to clearly document: 1. The Contractor's performance of the Contract or a subcontract; 2. The Contractor's ability to continue performance of the Contract or a subcontract;and 3. 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: 4. Bidding estimates and records,worksheets, tabulations or similar documents. 5. Job cost detail reports,including monthly totals. 6. 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. 64 00170 7. 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. 8. Invoices from vendors,rental agencies,and subcontractors. 9. Material quotes,invoices,purchase orders and requisitions. 10.Contracts with subcontractors and contracts with Material Suppliers, Suppliers and providers of rented equipment. 11.Contracts or documents of other arrangements with any Related Entity as defined in OAR 731-005-0780. 12.General ledger. 13.Trial Balance. 14.Financial statements (including without limitation the balance sheet, income statement, statement of cash flows,and financial statement notes). 15.lncome tax returns. 16.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. 17.Daily time sheets and supervisor's daily reports. 18.Collective bargaining agreements. 19.Earnings records. 20.Journal entries and supporting schedules. 21.Insurance,welfare,and benefits records. 22.Material cost distribution worksheet. 23.Subcontractors' and lower tier subcontractors' payment certificates. 24.Payroll and vendor's cancelled checks. 25.Cash disbursements journal. 26.All documents related to each and every claim together with all documents that support the amount of damages as to each claim. 27.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. 28. 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 65 00170 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: 1. Inspect,examine and copy or be provided a copy of all Contractor records; 2. Audit the records, a Contract or the performance of a Contract; 3. 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. 66 00170 In addition, in response to a public records request, the Agency will not produce or disclose records so identified as exempt by the Contractor to any person other than representatives of the Agency, and others with authorized access under 00170.07(b), without providing the Contractor a copy of the public records request,unless: The Contractor consents to such disclosure;or Agency is prohibited by applicable law or court order from providing a copy of the public records request to the Contractor. 00170.10 Required Payments by Contractors -The Contractor shall comply with ORS 279C.505 and ORS 279C.515 during the term of the Contract. A. Prompt Payment by Contractor for Labor and Materials -As required by ORS 279C.505, the Contractor shall: 1. Make payment promptly, as due, to all Entities supplying labor or Materials under the Contract. 2. Pay all contributions or amounts due the Industrial Accident Fund, whether from the Contractor or a subcontractor,incurred in the performance of the Contract; 3. 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 4. 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 Contractor's Surety.) The payment of a claim by the Agency in the manner authorized in this Subsection shall not relieve the Contractor or the Contractor's Surety from obligations with respect to any such claims. 67 00170 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 Contractors 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—If the original Contract Amount is $100,000 or greater, then before starting work, or if the Contract Amount is amended to a Contract Amount $100,000 or greater, and unless otherwise exempt under ORS 279C.836(4), (7) — (9), the Contractor, shall file a public works bond with the Oregon Construction Contractors Board in the amount required by ORS 279C.836 [$30,000 (1970)] before starting or continuing Work on the project. Further, the Contractor shall then include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Oregon Construction Contractors Board in the amount required by ORS 279C.836 [$30,000 (1970)] before starting work, or if the Contract Amount is amended to $100,000 or above, before continuing Work on the project. ORS 279C830(3)(A,B). The Contractor shall verify subcontractors have filed a public works bond before the subcontractor begins Work. 00170.32 Protection of Navigable Waters -The Contractor shall comply with all applicable Laws, including without limitation the Federal River and Harbor Act of March 3, 1899 and its amendments. The Contractor shall not interfere with waterway navigation or impair navigable depths or clearances, except as U.S. Coast Guard or Corps of Engineer permits allow. 00170.60 Safety, Health, and Sanitation Provisions -The Contractor shall comply with all Laws concerning safety, health, and sanitation standards. The Contractor shall not require workers to perform Work under conditions that are hazardous, dangerous, or unsanitary. Workers exposed to traffic shall wear upper body garments or safety vests that are highly visible and meet the requirements of 00225.25. Workers exposed to falling or flying objects or electrical shock shall wear hard hats. Upon their presentation of proper credentials, the Contractor shall allow inspectors of the U.S. Occupational Safety and Health Administration (OSHA) and the Oregon Occupational Safety and Health Division (OR-OSHA) to inspect the Work and Project Site without delay and without an inspection warrant. According to ORS 468A.715 and ORS 468A.720, the Contractor or a Subcontractor who 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).. 68 00170 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 279C.870. 1. Minimum Wage Rates — The Bureau of Labor and Industries (BOLI) determines and publishes the existing State prevailing wage rates in the publication "Prevailing Wage Rates for Public Works Contracts in Oregon". The Contractor shall pay workers not less than the specified minimum hourly wage rate according to ORS 279C.838 and ORS 279C.840 and shall include this requirement in all subcontracts. See the Project Wage Rates page included with the Contract Booklet for additional information about which wage rates apply to the project and how to access the applicable wage rates 2. Payroll and Certified Statements —As required in ORS 279C.845, the Contractor and every subcontractor shall submit written certified statements to the Engineer on the form prescribed by the Commissioner of BOLI in OAR 839-025-0010 certifying compliance with wage payment requirements and accurately setting out the Contractor's or subcontractor's weekly payroll records for each worker employed upon the project. The Contractor and subcontractors shall preserve the certified statements for a period of 6 years from the date of completion of the Contract 3. Additional Retainage: a) Agency — As required in ORS 279C.845(7) the Agency will retain 25% of any amount earned by the Contractor on the project until the Contractor has filed the certified statements required in ORS 279C.845 and in EDA requirements, as 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 EDA requirements as applicable. Before paying any amount retained, the Contractor shall verify that the first tier subcontractor has filed the 69 00170 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 EDA, 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: a) Drivers name; b) Copy of driver's license; c) Vehicle identification number; d) Copy of vehicle registration; e) Motor vehicle license plate number; 0 Motor Carrier Plate Number; g) 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: a) 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 b) 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 c) For all Work performed on Saturday and on any legal holiday specified in ORS 279C.540 For additional information on requirements for overtime and establishing a work schedule see OAR 839- 025-0050 and OAR 839-025-0034. 2. Notice of Hours of Labor-The Contractor shall give written notice to employees of the number of hours per day and days per week the employees may be required to work. Provide the notice either at the time of hire or before commencement of work on this Contract, or by posting a notice in a location frequented by employees. 3. Exception-The maximum hours of labor and overtime . requirements under ORS 279C.540 will not apply to the Contractor's Work under this Contract if the Contractor is a party to a collective bargaining agreement in effect with any labor organization. For a collective bargaining agreement to be in effect it shall be enforceable within the geographic area of the project, and its terms shall extend to workers who are working on the project(see OAR 839-025-0054). D. State Time Limitation on Claim for Overtime -According to ORS 279C.545, any worker employed by the Contractor is foreclosed from the right to collect any overtime provided in ORS 279C.540 unless a claim for payment is filed with the Contractor within 90 Days from the completion of the contract, provided the Contractor posted and maintained a circular as specified in this provision. Accordingly, the Contractor shall: 70 00170 1. Cause a circular, clearly printed in boldfaced 12-point type containing a copy of ORS 279C.545, to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed to perform Work;and 2. Maintain such circular continuously posted from the inception to the completion of the Contract on which workers are or have been employed. E. Additional Requirements When Federal Funds are Involved-When federal funds are involved, the following requirements shall apply in addition to the requirements of 00170.65(a) through 00170.65(d). The Contractor shall include these provisions in all subcontracts as well as ensure that all Subcontractors include these provisions in their lower tier subcontracts. 1. EDA Requirements - For Federal-Aid EDA projects, the Contractor shall comply with the EDA Contracting Provisions for Construction Projects. 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. a) 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. b) The applicable Davis-Bacon and BOLI wage rates will be included in the Contract 3. Payroll and Certified Statements — In addition to providing the payroll information . and certified statements required under ORS 279C.845 (see 00170.65(b-2)), the Contractor and every subcontractor shall submit written certified statements that also meet the EDA requirements 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 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. 71 00170 00170.75 Oregon Tax Laws -The Contractor shall comply with Oregon tax laws as required by ORS 305.385. 00170.76 Subcontractors Nondiscrimination-The Contractor shall comply with ORS 279A.110 as to nondiscrimination as to relations with Subcontractors. 00170.78 Conflict of Interest -The Contractor shall not.give or offer any gift,loan, or other thing of value to any member of the Agency's governing body or employee of the Agency in connection with the award or performance of any Contract. The Contractor shall not rent, lease, or-purchase Materials, supplies, or Equipment, with or through any Agency employee or member of the Agency's governing body. No ex-employee of the Agency who has worked for the Agency on any phase of the Project within the prior 2 years may be employed by the Contractor to perform Work on the Project. 00170.79 Third Parry Beneficiary-There are no third-party beneficiaries of the Contract, unless federal transportation funding is involved then the State of Oregon, the Oregon Transportation Commission and the Oregon Department of Transportation and their respective officers and members and employees, are third-party beneficiaries of the Contract. 00170.80 Responsibility for Damage to Work: A. Responsibility for Damage in General-The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work,at the Contractor's own risk,until the entire Project has been completed and until Final Completion as determined by the Agency. The Contractor shall repair all damages to Work performed,Materials supplied, and Equipment incorporated into the Work,except as otherwise provided in this Section. B. Repair of Damage to Work-Until Final Completion, the Contractor shall promptly rebuild, repair, restore, and make good damages to all portions of the permanent or temporary Work. The Contractor shall perform all repairs of damage to Work at no additional cost to the Agency, except for repairs necessitated by damage caused by: 1. Acts of God or Nature, as defined in Section 00110;or 2. 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 72 00170 "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: 1. The Contractor's operations; 2. The Contractor's negligence,gross negligence,or intentional wrongful acts;and 3. The Contractor's failure to comply with any Contract provision. The Agency may withhold funds due the Contractor or the Contractor's Surety until all lawsuits, actions, and claims for injuries or damages are resolved, and satisfactory evidence of resolution is furnished to the Agency. B. Protection and Restoration of Agency Property and Facilities -The following requirements apply to highways, highway Structures and other improvements that are existing, under construction, or completed. The Contractor shall: 1. Provide adequate protection to avoid damaging Agency property and facilities; 2. Be responsible for damage to Agency property and facilities caused by or resulting from the Contractor's operations;and 3. Clean up and restore such damage by repair,rebuilding,replacement, or compensation, as determined by the Engineer. C. Protection and Restoration of Non-Agency Property and Facilities -The Contractor shall determine the location of properties and facilities that could be damaged by the Contractor's operations, and shall protect them from damage. The Contractor shall protect monuments and property marks until the Engineer has referenced their location and authorized their removal. The Contractor shall restore property or facilities damaged by its operations to the condition that existed before the damage, at no additional compensation. The Contractor shall provide temporary facilities when needed, e.g.,to maintain normal service or as directed by the Engineer,until the required repair,rebuilding,or replacement is accomplished. The Contractor shall protect specific service signs, e.g., business logos, and tourist-oriented directional signs (TODS) from damage, whether the signs are to remain in place or be placed on temporary supports. The Contractor shall repair or replace damaged signs at no cost to the Agency. Liquidated damages will be assessed against the Contractor in the amount of$200 per day for each sign out of service for more than 5 Calendar Days because of the Contractor's operations. 00170.85 Responsibility for Defective Work-The Contractor shall make good any defective Work, Materials or Equipment incorporated into the Work,according to the provisions of Section 00150. A. Latent Defects -The Contractor shall remain liable for all latent defects resulting from causes other than fraud or gross mistakes that amount to fraud until the expiration of all applicable statutes of limitation and ultimate repose, the Performance Bond,Warranty Bond,or Correction Period,whichever expires last. The Contractor shall remain liable for all latent defects resulting from fraud or gross mistakes that amount to fraud regardless of when those latent defects may be discovered,and regardless of whether such discovery occurs outside any applicable statutes of limitation or ultimate repose or any applicable Performance Bond, Warranty Bond, or Correction Period. B. Correction Period for Agency Projects -The Contractor shall warrant all Work and workmanship, including Changed Work,Additional Work, Incidental Work, On-Site Work, and Extra Work, and Materials and Equipment incorporated in the Work, for one year from the date 73 00170 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 Contractor's Surety, shall vigorously and continuously correct and repair the defects and all related damage. If the Contractor or the Contractor's Surety fails to correct and repair the defects, the Agency may have the correction and repair done by others. The Contractor or Contractor's Surety shall promptly reimburse the Agency for all expenses incurred to correct and repair the defects. In the event of an emergency, where delay could result in serious loss or damage, the Agency may make emergency corrections and repairs, without written notice. The Contractor or Contractor's Surety shall promptly reimburse the Agency for all expenses incurred to correct and repair the defects. Corrections, repairs, replacements or changes shall be warranted for an additional 1 year period beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or changes. Without limiting the general applicability of other survival clauses under the Contract, this warranty provision shall survive expiration or termination of the Contract. C. Manufacturer, Supplier or Installer Warranties and Guarantees: 1. Manufacturer, Supplier or Installer Warranties -For thosie Specification Sections referencing this 00170.85(c-1) Subsection, the Contractor shall furnish Warranties from the Manufacturer, Supplier or Installer and signed by the respective authorized Representative. The warranty period will be specified in the applicable Specification Section for which it applies. The warranty period will begin on the date the Engineer issues Second Notification unless otherwise specified in the Contract. Corrections, repairs, replacements or changes shall be warranted for an additional Warranty period beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or changes When the Agency makes written notification to the Manufacturer, Supplier or Installer of failure of an item covered by this warranty, the warranty period will stop for the effected item or the portion of the effected item that failed,as applicable,until the required repairs or 74 00170 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-control facilities shall be at the Contractor's expense. Restoration which constitutes Extra Work will be paid as Extra Work. 00170.92 Fencing, Protecting Stock, and Safeguarding Excavations -The Contractor shall be responsible for loss,injury, or damage that results from its failure to restrain stock and persons. A. At the Contractor's Expense -The Contractor shall restrain stock to lands on which they are confined using temporary fences or other adequate means. The Contractor shall provide adequate temporary fences or other protection around excavations to prevent animals and unauthorized persons from entering. The Contractor shall repair, at Contractor's expense and to the Engineer's satisfaction, fences damaged by the Contractor's operations and the operations of the Contractor's agents, employees and Subcontractors. 75 00170 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). 76 00180 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: A. The power to execute or perform the Contract; or B. 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: A. The assignment request is made on the form acceptable to the Agency; B. The Contractor secures the written consent of the Contractor's Surety to the assignment; and C. 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: A. Suspension of the Work; B. Withholding of Contract payments,as necessary to protect the Agency; C. Ordering removal of individuals from the Project Site; or D. Termination of the Contract. Action by the Agency under this provision will not prejudice any other remedy it may have. 00180.15 Agency's Right to Do Work at Contractor's Expense -Except as otherwise provided in 00150.75 and 00220.60,if the Contractor neglects to prosecute the Work properly or fails to perform any provision of the Contract, the Agency may, after 2 Calendar Days'written notice, correct the deficiencies at the Contractor's expense. In situations where the Engineer reasonably believes there is danger to life or property, the Agency may immediately and without notice correct the deficiencies at the Contractor's expense. Action by the Agency under this provision will not prejudice any other remedy it may have. 00180.20 Subcontracting Limitations: 77 00180 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 279C.585(10)): 1. The disclosed Subcontractor fails or refuses to execute a written contract that is reasonably based either upon the Project Plans and Specifications, or the terms of the Subcontractor's written Bid,after having had a reasonable opportunity to do so; 2. The disclosed Subcontractor becomes bankrupt or insolvent; 3. The disclosed Subcontractor fails or refuses to perform the contract; 4. The disclosed Subcontractor fails or refuses to meet the bond requirements of the prime Contractor that had been identified prior to the Bid submittal; 5. The Contractor demonstrates to the Agency that the Subcontractor was disclosed as the result of an inadvertent clerical error; 6. The disclosed Subcontractor does not hold a license from the Construction Contractors Board and is required to be licensed by the board; 7. 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; 8. The disclosed Subcontractor is ineligible to work on a public improvement according'to the applicable statutory provisions; 9. The substitution is for "good cause" as defined by State Construction Contractors Board rule;or 10. The subsitution is reasonably based on the Contract alternates chosen by the Agency. B. Terms of Subcontracts - Subcontracts, shall provide that work performed under the subcontract shall be conducted and performed according to the terms of the Contract. Compliance with 00170.07 is required. All subcontracts,including Contractor's with the first-tier Subcontractors and those of the first-tier Subcontractors with their subcontractors, and any other lower tier subcontracts shall contain a clause or condition that if the Contractor or a subcontractor fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract,the Entity may file a complaint with the Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall include: 78 00180 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: a. Notifies the Subcontractor in writing at least 45 Calendar days before the date on which the Contractor makes the change;and b. 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 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 279C.800 through ORS 279C.870, subcontracts shall include: a) 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. b) 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: 1. Performance of subcontracted Work; 2. Progress of subcontracted Work, 3. Payments for accepted subcontracted Work;and 79 00180 4. Disputes and claims for additional compensation regarding subcontracted Work. It shall be the direct responsibility of the Contractor to ensure that each and every Subcontractor will not only be.issued a complete and current set of Plans and Specifications, but also that these Plans and Specifications are on the project site and in use by the Subcontractor when it is performing its portion of the project. Subcontracted Work shall not create a contract between the Agency and the Subcontractor,will not convey to the Subcontractor any rights against the Agency, and will not relieve the Contractor or the Contractor's Surety of any of their responsibilities under the Contract. D. Failure to Comply-Failure to comply with 00180.21 will be cause for the Engineer to take action reasonably necessary to obtain compliance. This action may include,but is not limited to: 1. Suspension of the Work; 2. Withholding of Contract payments as necessary to protect the Agency;and 3. Termination of the Contract. 00180.22 Payments to Subcontractors and Agents of the Contractor-To the extent practicable, the Contractor shall pay in the same units and on the same basis of measurement as listed in the Schedule of Items for subcontracted Work or other Work not done by the Contractor's own organization. The Agency will not be responsible for any overpayment or losses resulting from overpayment by the Contractor to Subcontractors and to its other agents,work providers, service providers,and trucking service providers. If requested in writing by a first-tier Subcontractor, the Contractor shall send to the Subcontractor, within 10 Calendar Days of receiving the request, a copy of that portion of any invoice or request for payment submitted to the Agency, or pay document provided by the Agency to the Contractor, specifically related to any labor,Equipment,or Materials supplied by the first-tier Subcontractor. 00180.30 Materials, Equipment, and Work Force -The Contractor shall furnish suitable and sufficient Materials, Equipment, and personnel to properly prosecute and complete the Work. The Contractor shall use only Equipment of adequate size and condition to meet the requirements of the Work and Specifications, and to produce a satisfactory quality of Work. Upon receipt of the Engineer's written order, the Contractor shall immediately remove, and not use again on the Project without the Engineer's prior written approval, Equipment that, in the Engineer's opinion, fails to meet Specifications or produce a satisfactory product or result. The work force shall be trained and experienced for the Work to be performed. Upon receipt of the Engineer's written order, the Contractor shall immediately remove from the Project Site, and shall not employ again on the Project without the Engineer's prior written approval, any supervisor or employee of the Contractor or any subcontractor who,in the Engineer's opinion, does not perform satisfactory Work or whose conduct interferes with the progress of the Work. If the Contractor fails to remove Equipment or persons as ordered, or fails to furnish suitable and sufficient Materials,Equipment and personnel for the proper prosecution of the Work, the Engineer may suspend the Work by written notice until such orders are complied with and such deficiencies are corrected, or the Engineer may terminate the Contract under the provisions of 00180.90(a). 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. 80 00180 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 Etigineer 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: a) 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 b) Due to reasons beyond the control of the Contractor, the specified Materials or Equipment cannot be delivered to the Project in sufficient time to complete the Work in proper sequence. 2. Submittal of Request-The Contractor shall submit requests for substitution to the Engineer, including manufacturers' brochures and other information needed to verify equality of the proposed item(s). C. Substitution of Equipment Specified to Perform Work-The Agency encourages development of new or improved Equipment and innovative use of Equipment. When the Specifications require Equipment of a particular size or type to be used to perform certain portions of the Work,the Contractor may submit a request to the Engineer to use Equipment of a different size or type. The request will not be considered as a cost reduction proposal under 00140.70. The request shall: 1. Be in writing and include a full description of the Equipment proposed and its intended use; 2. Include the reasons for requesting the substitution;and 3. 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: 1. There will be no cost to the Agency, either in Contract Amount or in Contract Time; 2. The pertnission 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; 3. If permission is withdrawn, the Contractor shall perform the remaining Work with the originally-specified Equipment;and 4. The Contractor shall remove and replace nonspecification Work resulting from the use of the Contractor's proposed Equipment, or otherwise correct it as the Engineer directs, at no additional compensation. D. Substitution of Methods -The Agency encourages development of new, improved, and innovative construction methods. When the Plans or Specifications require a certain construction method for a portion of the Work, the Contractor may submit a request for a change by following the provisions of 00140.70, "Cost Reduction Proposals"- 81 00180 00180.40 Limitation of Operations: A. In General -The Contractor shall comply with all Contract provisions and shall: 1. Conduct the Work at all times so as to cause the least interference with traffic, and 2. 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: 1. Received Notice to Proceed; 2. Filed with the Construction Contractors Board the public works bond as required in 00170.20; 3. An approved Project Work schedule; 4. An approved Traffic Control Plan; 5. An approved Spill Prevention Control and Countermeasure Plan,if required; 6. An approved Pollution Control Plan; 7. An approved Erosion and Sediment Control Plan; 8. Met with the Engineer at the required preconstruction conference;and 9. Assembled all Materials, Equipment, and labor on the Project Site, or has reasonably assured that they will arrive on the Project Site,so the Work can proceed according to the Project Work schedule. 00180.41 Project Work Schedules -The Contractor shall submit a Project Work schedule meeting the requirements of this Subsection to the Engineer. The Project Work schedule is intended to identify the sequencing of activities and time required for prosecution of the Work. The schedule is used to plan, coordinate, and control the progress of construction. Therefore, the Project Work schedule shall provide for orderly, timely, and efficient prosecution of the Work, and shall contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract responsibilities. Sufficient detail shall also include all required double shifts, overtime work, or combination of both necessary to complete Contract Work within the Contract Time. The Contractor shall submit a schedule or plan for each activity that is behind schedule showing, in sufficient detail, the proposed corrective action to complete Contract Work within the Contract Time. Sufficient detail shall include all required double shifts,overtime work,or combination of both. Contractor's activity related to developing, furnishing,monitoring, and updating these required schedules is Incidental. The Contractor shall submit a supplemental "look ahead" Project Work schedule to the Engineer prior to or at each Project progress meeting. The "look ahead" Project Work schedule is supplemental to the Type A, B, or C schedule specified below. The supplemental"look ahead"Project Work schedule shall: 1. Identify the sequencing of activities and time required for prosecution of the Work. 2. Provide for orderly,timely,and efficient prosecution of the Work. 3. 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: 1. The resources the Contractor, subcontractors,or services will use. 82 00180 2. The locations of each activity that will be done including the limits of the work by mile posts, stations, or other indicators. 3. The time frames of each activity by Calendar Days, shifts,and hours. 4. All anticipated shoulder,lane,and road closures. At a minimum,the Contractor shall prepare a bar chart that: 1. Shows at least 3 weeks of activity including the week the bar chart is issued. 2. Uses a largest time scale unit of 1 Calendar Day. Smaller time scale units may be used if needed. 3. Is appropriate to the activities. 4. Identifies each Calendar Day by month and day. Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar chart. The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First Notification and continuing until Second Notification has been issued and all punch list items and final trimming and clean-up has been completed. The Contractor shall meet with the Engineer to review the 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. 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: a) Expected beginning and completion dates of each activity, including all staging; and b) Elements of the Traffic Control Plan as required under 00225.05. The schedule shall show detailed Work activities as follows: a) Construction activities; b) The time needed for completion of the utility relocation work; c) Submittal and approval of Materials samples and shop drawings; d) Fabrication,installation, and testing of special Materials and Equipment;and e) 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) A description in common terminology; b) The quantity of Work,where appropriate,in common units of measure; c) The activity duration in Calendar Days;and d) Scheduled start, completion, and time frame shown graphically using a time- scaled bar chart. 83 00180 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: a) The length of bar shall represent the number of workdays scheduled. b) The time scale shall be appropriate for the duration of the Contract. c) The time scale shall be in Calendar Days. d) The smallest unit shown shall be 1 Calendar Day. e) The first day and midpoint of each month shall be identified by date. f) Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work. Each page of the bar chart shall include a title block showing the Contract name and number, Contractor's name, date of original schedule, and all update dates; and a legend containing the symbols used, their definitions, and the time scale, shown graphically. To ensure readability the bar chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch by 36 inch, using multiple sheets when needed. Within 7 Calendar Days after the preconstruction conference, the Engineer and the Contractor shall meet to review the Project Work schedule as submitted. The.Engineer will review the schedule for compliance with all Contract Time limitations and other restraints. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the Contract. Within 10 Calendar Days of this meeting, the Contractor shall resubmit to the Engineer four copies of the Project Work schedule,including required revisions. 2. Review by the Engineer-The Project Work schedule may need revision as the Work progresses. Therefore, the Contractor shall periodically review the Project. Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events and any changes for their effect on the Project Work schedule. The Contractor shall compile an updated Project Work schedule incorporating any changes to the Project completion time(s). The bar chart shall reflect the updated information. The Contractor shall submit four copies of the updated Project Work schedule to the Engineer within 7 Calendar Days after the meeting. The report shall include without limitation the following: a) Sufficient narrative to describe the past progress, anticipated activities, and stage Work; b) A description of any current and expected changes or delaying factors and their effect on the construction schedule;and c) 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: 84 00180 a) Expected beginning and completion date of each activity, including all staging; and b) 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: a) Construction activities; b) The time needed for completion of the utility relocation work; c) Submittal and approval of Material samples and shop drawings; d) Procurement of critical Materials; e) Fabrication,installation, and testing of special Material and Equipment;and f) 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) A description in common terminology; b) The quantity of Work,where appropriate,in common units of measure; c) The activity duration in normal workdays;and d) 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: a) The length of bar shallrepresent the number of normal workdays scheduled. b) The time scale shall be appropriate for the duration of the Contract. c) The time scale shall be in normal workdays (every day except Saturday, Sunday, and legal holidays). d) The smallest unit shown shall be 1 Calendar Day. e) The first day and midpoint of each month shall be identified by date. f) 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. 85 00180 Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall meet to review the Project schedule as submitted. Within 10 Days of the review meeting, the Contractor shall resubmit to the Engineer one digital and four paper copies of the Project schedule, including required revisions. The accepted Project schedule shall represent all Work,as well as the planned sequence and time for the Work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the Contract. 3. Review and Reporting-The Project Work schedule may require revision as the Work progresses. Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as follows: a) Review with the Engineer-The Contractor shall perform ongoing review of the Project Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events and any changes for their effect on the Project Work schedule. After any necessary action has been agreed upon,the Contractor shall make required changes to the Project Work schedule. The Contractor shall collect information on all activities worked on or scheduled to be worked on during the previous report period, including shop drawings, Material procurement, and Contract Change Orders that have been issued. Information shall include commencement and completion dates on activities started or completed, or if still in progress, the remaining time duration. The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary activities and logic connectors to describe the Work and all restrictions on it. The restraints shall include those activities from the Project Work schedule that initiated the sub-network as well as those restrained by it. The Contractor shall evaluate this information and compare it with the Contractor's project schedule. If necessary, the Contractor shall make an updated bar chart schedule to incorporate the effect changes may have on the Project completion time(s). For any activity that has started,the Contractor shall add a symbol to show the actual date the activity started and the number of normal workdays remaining until completion. For activities that are finished, a symbol shall be added to show the actual date. The Contractor shall submit one digital and four paper copies of the updated bar chart to the Engineer within 7 Days after the progress meeting, along with a progress report as required by"b." below. b) Progress Report-The Contractor shall submit a progress report to the Engineer each month. The report shall include the following: 1) Sufficient narrative to describe the past progress, anticipated activities, and stage Work; 2) A description of any current and expected changes or delaying factors and their effect on the construction schedule;and 3) Proposed corrective actions. 86 00180 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: a) The expected beginning and completion date of each activity,including all stages and phases; b) The time needed for completion of the utility relocation work;and c) 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 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: a) Construction activities; b) Any limitations of operation specified in 00180.40; c) The time needed for completion of the utility relocation work; d) Implementation of TCP for each stage and phase; e) Submittal and approval of Material samples,mix designs,and shop drawings; f) Agency timeframes to process and return Contractor submitted plans, working drawings, equipment lists and other submittals; g) Procurement of critical Materials; h) Fabrication,installation,and testing of special Material and Equipment; i) Duration of Work,including completion times of all stages and their sub-phases; and j) 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. 87 00180 The time scale used on the Contractor's detailed time-scaled critical path method (CPM) 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: • 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. 88 00180 • All near critical activities defined as those with less than 30 Days of float. • All subcontractor activities that are critical, near critical, and those that are greater than two weeks in duration. *' Labor resourcing, by stage and phase, to include the number of crews, average crew size and planned night/weekend shifts including that of subcontractors. • Equipment allocation, by stage and phase to include mobilization, demobilization and planned activities including that of subcontractors. • Notifications required under the Contract during each stage and phase which may include but is not limited to road closures, lanes closures, night work, cold plane pavement removal, and pile driving. • Provide discussion on addressing reasonably predictable weather conditions and their impact on all weather sensitive activities. Also, provide discussion on other weather limitations that may affect the project schedule. • Submittal and approval of material samples,mix designs, and shop drawings. • Procurement of critical materials. • Plans for dealing with "unique" construction items. • Coordination of utilities and any immediate concerns for impacts/delays. • Constructability issues. • Cost Reduction Proposals and/or immediate requests for changes to the specifications. • Concerns/issues that need to be addressed within the first 90 Days.following First Notification. The accepted Project narrative shall represent all critical and near critical Work, as well as the planned sequence and time for the Work. 4. Review and Reporting-The Project Work schedule may require revision as the Work progresses. Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as follows: a) Review with the Engineer-The Contractor shall perform ongoing review of the accepted Project Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the accepted Project Work schedule no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held between the Engineer 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. 89 00180 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 Contractor's failure to provide the schedule, schedule information, progress reports, Project narratives, or schedule updates when required will be cause to suspend the Work, or to withhold Contract payments as necessary to protect the Agency, until the Contractor provides the required information to the Engineer. 90 00180 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. (c) Engineer will distribute to each anticipated participant written notice and agenda of each meeting at least 4 days before meeting. (d) Require attendance of Contractor's superintendent and project manager, and Subcontractors who are or are proximate to be actively involved in the Work,or who are necessary to agenda. (e) Engineer will invite agencies, utility companies or others when the Work affects their interests, and others necessary to agenda. (f) Engineer will record minutes of meeting and distribute copies of minutes within 7 days of meeting to participants and interested parties. (1) Progress Meetings (2) 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. (3) Attend regularly scheduled bi-weekly progress meetings conducted by Engineer. (4) 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. 91 00180 (5) 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. (6) Review status of Requests for Clarification/Information and Submittals review. (7) Discuss Project safety and security. (8) Discuss traffic control. (9) Discuss potential problems which may impede scheduled progress and corrective measures. (g) 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. (h) 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. (i) 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 survey work. The purpose of the meeting is to discuss methods and practices of accomplishing the survey work. (j) Other Meetings (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 92 00180 (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. 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 Contractor's 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. 93 00180 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 (punch list);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; • 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 Rights-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: 94 00180 (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: • 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 Contractor's 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-Wap and Access delays (see 00180.65), and those delays due to causes beyond the Contractor's 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 only consider additional delay beyond the stipulated duration and time period in determining whether to adjust Contract Time. 95 00180 (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 submittal of a request for adjustment of Contract Time to which the acceleration costs relate. The Contractor's 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; 96 00180 • Delays that affect the Contractor's 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 • 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 Engineer's 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 payment in full only of damages incurred by the Agency due to the Contractor's failure to complete the Work on time. 97 00180 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 Contractor's 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 00195.70, 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 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; 98 00180 • 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 • 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' wriften 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. 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). 99 00190 Section 00190 -Measurement of Pay Quantities 00190.00 Scope -The Engineer will measure pay quantities for accepted Work according to the United States standard measure unless otherwise 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 modify 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 Engineer's 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. (c) Area Basis -Area will be square foot, square yard, or acre, unless otherwise specified in the Contract and will be determined 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. 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%, 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. 100 00190 If bituminous materials, Portland cement, lime, and similar bulk Materials are shipped by truck or rail, the supplier's 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 (FBM), 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). (f) Time Basis -Time will be hour, Day, or year, unless otherwise specified in the Contract, and will be measured to at least the nearest 0.5 hour, nearest 1.0 Day, or nearest 1.0 year, as applicable, unless otherwise specified 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 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 Engineer's 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. 101 00190 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. (c) 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. No Materials weighed on scales without current certifications according to this Subsection will be accepted. The Contractor shall provide a copy of all required certifications to the Engineer. Testing by a scale service company within the State of Oregon shall comply with ORS 618. If additional inspections directed by the Engineer confirm that the scale accuracy is within the required tolerances, the Agency will pay the cost for inspecting and testing the scales. If the scale accuracy is not within these tolerances,the Contractor shall pay the cost for inspecting and testing the scales. (e) Inspection Results -If an inspection indicates the scales have been-under-weighing (indicating less than the true weight), the Agency will make no additional payment to the Contractor for Materials previously weighed. If an inspection indicates the scales have been over-weighing (indicating more than the true weight), the weights will be reduced for Materials received after the time the Engineer determines the overweighing began or,if that is not possible, after the last acceptable certification of the scales. The reduction will be the amount of error in excess of the 0.2%maintenance tolerance allowed in the Contract. 102 00190 (f) Contractor-Provided Weigh Technician-The Contractor shall provide a technician to operate Contractor-provided vehicle weigh scales. The Agency may observe procedures and require check weighing according to the following: (1) Scale with Automatic Printer-If the scales have an automatic weigh memo printer that does not require manual entry of gross weight information, the Agency may periodically have a representative at the scales to observe the weighing procedures. In addition, the Engineer may periodically check the weight for a load of Materials by directing the haul vehicle to reweigh on a different scale that has been inspected and certified according to 00190.20(b) and 00190.20(d). If a different scale is not available within a 30 mile round trip from the regular haul route the Agency will allow check weighing on an approved alternate basis. Check weights within 0.4% of the Contractor-provided weight are acceptable. The Engineer will resolve discrepancies found by check weighing. Agency employee costs will be paid by the Agency. The Contractor shall pay all other costs resulting from the check weighings, including without limitation the use of other scales. If more than 50 tons per Day of all types of Materials are received from a scale, the Contractor shall make random check weighings at least every tenth Day on which more than 50 tons is received or at each interval that 10,000 tons has been weighed,whichever occurs first, or as directed by the Engineer. The Contractor shall make at least one check weighing on projects where more than 2,000 tons of all types of Materials are received from a scale. The Contractor shall provide the Engineer with the results of the check weighing. (2) Scale Without Automatic Printer - If the scales require manual entry of gross weight information, the Agency may periodically have a representative weigh witness at the scales to observe the weighing procedures. The Contractor shall inform the Engineer of his intent to use a scale without an automatic printer at least 3 working Days before weighing begins or before the Contractor changes to a scale that does not have an automatic printer. The Contractor shall pay costs for the weigh witness. The hourly cost of the weigh witness will be as stated in the Special Provisions. In addition, the Engineer may periodically check the weight for a load of Materials by directing the haul vehicle to reweigh on a different scale that has been inspected and certified according to 00190.20(6) 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: 103 00190 • 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: • 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(. 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. 104 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: htip://www.oregon.�tov/ODOT/HWY/ESTIMATING/asp-halt 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. C. 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. D. 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%of the Base,then: Adjustment Factor = (MACMP) - (1.05 x Base) • If the MACMP is less than 95% of the Base,then: Adjustment Factor= (MACMP) - (0.95 x Base) 105 00195 E. 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 00180.90,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. 00195.30 Differing Site Conditions -Upon written notification,as required in 00140.40,the Engineer will investigate the identified conditions. If the Engineer determines that the conditions are differing Project site conditions under 00140.40 and cause an increase or decrease in the cost or time required to perform any Work under the Contract, an adjustment in the Contract Amount or Contract Time, excluding loss of anticipated profits, will be made, and the Contract modified accordingly, in writing. The Engineer will notify the Contractor as to whether or not an adjustment of the Contract is warranted. No Contract adjustment which benefits the Contractor will be allowed unless the Contractor has provided the required written notice. Any such adjustments will be made according to 00195.20. 00195.40 Unreasonable Delay by the Agency-If the Contractor believes that performance of all or any portion of the Work is suspended, delayed, or interrupted for an unreasonable period of time in excess of that originally anticipated or customary in the construction industry, due to acts or omissions of the Agency, 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 106 00195 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 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 will 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 107 00195 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 determining 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; • 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% 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% 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,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). 108 00195 (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% 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% of the value of the Work accomplished from subsequent progress payments. If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors of the existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7) and ORS 701.435. Amounts 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. 109 00195 (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 100% of the value of the Work remaining. • For a project funded by the EDA, 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: • Completed all Final Trimming and Cleanup according to 00140.90 and Punch List work according to 00150.90(a). An amount of up to twice the Engineer's estimated value of Final Trimming and Punch List work may be withheld. • 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 279C.555 or ORS 279C.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 Materials 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. 110 00195 • 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. 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. 111 00195 (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 determined by the Engineer,to complete the Project. Upon completion of the Project, the Engineer will determine the total amount that the defaulting Contractor would have been entitled to receive for-the Work, under the terms of the Contract, had the Contractor completed the Work (the "cost of the Work"). , If the cost of the Work, less the sum of all amounts previously paid to the Contractor, exceeds the expense incurred by the Agency in completing the Work, including without limitation expense for additional managerial and administrative services, the Agency will pay the excess to the Contractor, subject to the consent of the Contractor's Surety. If the expense incurred by the Agency in completing the Work exceeds the Contract Amount, the Contractor or the Contractor's Surety shall pay to the Agency the amount of the excess expense. The Engineer will determine the expense incurred by the Agency and the total amount of Agency damage resulting from the Contractor's default. That determination will be final as provided in 00150.00. If a termination for default is determined by a court of competent jurisdiction to be unjustified,it shall be deemed a termination for public convenience, and payment to the Contractor will be made as provided in Subsection (b) below. (b) Termination for Public Convenience: (1) General -Full or partial termination of the Contract shall not relieve the Contractor of responsibility for completed or performed Work, or relieve the Contractor's Surety of the obligation for any just claims arising from the completed or performed Work. (2) Mobilization- If mobilization is not a separate Pay Item, and payment is not otherwise provided for under the Contract, the Agency may pay the Contractor for mobilization expenses, including moving Equipment to and from the Project Site. If allowed,payment of mobilization expenses will be based on cost documentation submitted by the Contractor to the Engineer. (3) All Other Work-The Agency shall pay the Contractor at the unit price for the number of Pay, Item units of completed, accepted Work. For units of Pay Items partially completed, payment will be as mutually agreed, or, if not agreed, as the Engineer determines to be fair and equitable. No claim for loss of anticipated profits will be allowed. The Agency will purchase Materials left on hand according to 00195.80. 00195.80 Allowance for Materials Left on Hand: (a) Purchase of Unused Materials -If Materials are delivered to the Project Site, or otherwise acceptably stored at the order of the Engineer, but not incorporated into the Work due to complete 112 00195 or partial elimination of Pay Items, changes in Plans, or ternunation 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. After computation of the final amount due, and after Engineer's issuance of the Third Notification, final payment will be mailed to the Contractor's last known address as shown in the records of the Agency. Beginning 30 Calendar Days after the date of Third Notification, interest will begin to accrue at the rate established by ORS 279C.570 on any money due and payable to the Contractor as final payment, determined 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. (c) 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; 113 00195 • 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 itemized 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. (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. 114 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 Contractor's risk. Extra Work will be paid as determined by the Engineer, according to 00196.10 and 00196.20. 00196.10 Negotiated Price - If the Engineer can reasonably determine a price estimate for Extra Work, the Engineer may then give written authorization to the Contractor to begin the Extra Work. As soon as practicable,but within 10 Calendar Days after that authorization, the Contractor shall respond in writing to the Engineer's Extra Work price estimate by submitting to the Engineer an 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 Contractor's 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. 115 00197 Section 00197 - Payment for Force Account Work 00197.00 Scope -The Materials, Equipment and Labor rates and procedures established in this Section apply only to Extra Work ordered by the Engineer to be performed as Force Account Work. 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 Contractor's 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. (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 116 00197 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 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. 117 00197 (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% 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. (f) 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 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 118 00197 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. 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. 119 00199 Section 00199-Disagreements, Protests, and Claims 00199.00 General-This Section details the process through which the parties agree to resolve any disagreement concerning additional compensation or concerning a combination of additional compensation and Contract Time. (See 00180.80 for disagreements and claims concerning additional Contract Time only, and 00195.95 for disagreements and claims concerning correction of final compensation.) The Agency will not consider direct disagreements, protests, or claims from subcontractors, Suppliers, or any other Entity not a party to the Contract. 00199.10 Procedure for Resolving Disagreements -When disagreements occur- concerning additional compensation or a combination of additional compensation and Contract Time, the Contractor shall first pursue resolution through the Engineer of all issues in the dispute,including without limitation the items to be included in the written notice in 00199.20. If the discussion fails to provide satisfactory resolution of the disagreement, the Contractor shall follow the protest procedures outlined in 00199.20. If the Engineer denies all or part of the Contractor's protest, and the Contractor desires to further pursue the issues, the Contractor shall submit a claim for processing according to 00199.30. 00199.15 Inappropriate Protest or Claim -It shall be presumed that the Contractor submits a protest or claim for additional compensation in good faith, based upon facts which reasonably support the Contractor's position and with full knowledge and understanding of the injury done to the Agency when notice of differing Project Site conditions or claims for additional compensation are not submitted in a timely manner as required under the Contract. Accordingly, the submission of a protest or claim without the concurrent submission of evidence that reasonably supports the protest or claim, or the submission of a protest or claim in an untimely manner will constitute a waiver of the protest or claim. 00199.20 Protest Procedure- f the Contractor disagrees with anything required in a Change Order or other written or oral order from the Engineer, including any direction, instruction, interpretation, or determination, or if the Contractor asserts a disagreement or dispute on any other basis, except 0195.95, that, in the Contractors opinion, entitles or would entitle the Contractor to additional compensation or a combination of compensation and Contract Time, the Contractor shall do all of the following in order to pursue a protest and preserve its claim: (a) Oral Notice- Give oral notice of protest to the Engineer and outline the areas of disagreement before starting or continuing the protested Work. (b) Written Confirmation of Oral Notice — Not later than the end of the next business day following the day that oral notice of protest is given,deliver written documentation to the Engineer of the oral notice that includes the notice of protest and the areas of disagreement. (c) Written Notice - File a proper written notice of protest with the Engineer within 7 Calendar Days after receiving the protested order. In the notice the Contractor shall: • Describe the acts or omissions of the Agency or its agents that allegedly caused or may cause damage to the Contractor or to the Project, citing specific facts,persons,dates and Work involved; • Describe the Contractor's proposed alternative to the Work ordered,if any,which will avoid damage to Contractor or to the Project; • Describe the nature of the damages; • Cite the specific Contract provision(s),if any,that support the protest; • Include the estimated dollar cost, if any, of the protested Work, and furnish a list of estimated Materials, Equipment and labor for which the Contractor might request additional compensation; and 120 00199 • 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 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(, the Contractor may request that a mutually selected Third Party Neutral review the protest. Procedures for selecting, using, and paying for the cost of the Third Party Neutral will be specified by Change Order. 121 00199 If the Contractor does not accept the Engineer's evaluation of the protest, or either the Contractor or Engineer disagrees with the resolution recommended by the Third Party Neutral, the Contractor may pursue a claim as described in 00199.30. 00199.30 Claims Procedure: (a) General- If the Contractor believes that additional compensation is due, or a combination of additional compensation and Contract Time, and has pursued and exhausted all the procedures provided in 00199.10 and 00199.20 to resolve a disagreement and protest, the Contractor may file a claim. The Agency's Contract is with the Contractor. There is no contractual relationship between the Agency and any subcontractors, Suppliers or any Entity other than the Contractor. It is the Contractor's responsibility to fully evaluate any claim before presenting it to the Agency. In addition, when a claim includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the Contractor,the Contractor remains solely responsible for presenting the claim to the Agency. Claims that include Work done or costs incurred by subcontractors, Suppliers, or any Entity other than the Contractor will not be considered by the Agency unless the Contractor has: • Completed and provided its own written evaluation of the claim; • Verified by its own independent review and evaluation of the amount of compensation sought;and • Certified the claim in accordance with 00199.30(b) (Part 10). (b) Claims Requirements -At any time during the progress of the Work;but not later than 45 Calendar Days following the date of the Second Notification, the Contractor shall submit to the Engineer in writing, claims for additional compensation or a combination of additional compensation and Contract Time additional to that specified in the Contract. For a claim not submitted within the 45 day limit, that has not met the requirements of 00199.20, or is not filed as provided in 00199.30, the Contractor waives any claim for additional compensation or for additional compensation and Contract Time,and the Agency may reject the claim. Written claims to the Engineer or the Agency by the Contractor shall be delivered to the Agency address shown in the Public Improvement Contract, unless a different address is agreed to by the Engineer, and shall be delivered: • By U.S. Postal Service first class mail or priority mail (which at the sender's option may include certified or registered mail return receipt requested); or • By overnight delivery service of a private industry courier. • Claims will be considered as having been received by the Agency: • At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery by first class or priority mail,whichever is earlier;or • At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for overnight delivery service,whichever is earlier. The Agency reserves the right at any time and at any step in the claim decision or review process to request additional information, records or documentation related to the claim or the Contract either directly or through agents working toward resolution of the disputed or claimed events and issues. Claims shall be made in writing, and shall include all information, records and documentation necessary for the Agency to properly and"completely evaluate the claim. 122 00199 To be considered, claims for additional compensation, or for additional compensation and Contract Time, shall be completed according to 00199.30 and shall be submitted with the required information and in the format below and labeled as required below for each claimed issue: (Part 1) Summary (label page 1.1 through page 1.X) -In the summary, include a detailed, factual statement of the claim for additional compensation and Contract Time,if any,with necessary dates and locations of Work involved in the claim and the dates of when the event arose. Also include detailed facts supporting the Contractor's position relative to the Engineer's decision (see 00199.20(fl); (Part 2) Proof of notice (label page 2.1 through page 2.X) - Submit a copy of the written notice,with all attachments, that was given to the Agency. Include the date when that written notice and the date when oral notice was given: (Part 3) Copies of the Contract Specifications that support the Contractor's claim (label page 3.1 through page 3.X); (Part 4) Theory of entitlement supporting the claim (label page 4.1 through page 4.X)- Include a narrative of how or why the specific Contract Specifications support the claim and a statement of the reasons why such Specifications support the claim; (Part 5) Itemized list of claimed amounts (label page 5.1 through page 5.X) - Claimed damages that resulted from the event with a narrative of the theories and records and documents used to arrive at the value of the damages; (Part 6) Additional Contract Time requests (label page 6.1 through page 6.X) - If the claim is for a combination of additional compensation and Contract Time, submit a copy of the schedule that was in effect when the event occurred and a detailed narrative which explains how the event impacted Contract Time. In addition,if an Agency-caused delay is claimed: • Include the specific days and dates under claim; • Provide detailed facts about the specific acts or omissions of the Agency that allegedly caused the delay,and the specific reasons why the resulting delay was unreasonable;and • Provide a schedule evaluation that accurately describes the impacts of the claimed delay. • Also see 00180.80 for additional requirements regarding claims for Contract Time and causes that are eligible and ineligible for consideration; (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; 123 00199 (Part 8) Supporting records and documents (label page 8.1 through page 8.X� - Include copies of, or excerpts from the following: • Any documents that support the claim, such as manuals standard to the industry and used by the Contractor;and • Any daily reports or diaries related to the event, photographs or media that help explain the issue Qr event (optional), or all other information the Contractor chooses to provide (optional); (Part 9) Certification (label page 9.1 through 9.X) -A certified statement, signed by a person authorized to execute Change Orders, by the Contractor, subcontractor, Supplier, or Entity, originating the claim,as to the validity of facts and costs with the following certification: Under penalty of law for perJury or falsification, the undersigned,VName). (Title). (Comp aq certifies that this claim for additional compensation for Work on the Contract is a true statement of the actual costs incurred (in the amount of exclusive of interest) and is fully documented and supported under the Contract between the parties Signature: f _ Date.- Subscribed ate.Subscribed and sworn before me this day of Notary Public My commission expires (Part 10) Contractor evaluation of a lower tier claim (label page 10.1 through 10.X) -If the claim includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the Contractor,the following are required: • Data required by the other Subsections of 00199.30(b); • Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of which the claim originates, separate evaluation of entitlement; • Copies of the Contractor's, subcontractor's, Suppliers 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 of law for perJury or falsification, the undersigned,(Name) (Tit_.OL mp_y) certifies that this claim originating from the subcontractor, Supplier or Entity (Compan for additional compensation for Work on the Contract is a reasonable statement, independently verified, of the costs incurred (in the amount of,$__ . exclusive of interest) and is fully documented and supported under the Contract between the parties. Signature: Date. _ . 20_ Subscribed and sworn before me this day of -. 20- 124 . 20_124 00199 Notary Public My commission expires If the Engineer determines that additional information, records or documentation is needed to allow proper evaluation of the claim submittal, the Engineer will request the information, records or documentation. The Contractor shall submit to the Engineer within 14 Calendar Days, or as otherwise agreed by the parties, the required additional information,records and documentation. If the Engineer determines that the claim submittal with the additional information, records and documentation submitted is incomplete and not accepted as a claim, the Engineer will notify the Contractor in writing and the submittal will be rejected and will not be considered under 00199.40. (c) Records Requirements -The Contractor shall comply with 00170.07. (d) Compliance Required-Full compliance by the Contractor with the provisions of this Section is a condition precedent to the commencement of any lawsuit by the Contractor to enforce any claim. 00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies -The Agency intends to resolve all claims at the lowest possible administrative level. The Engineer will also determine whether multiple claims should be advanced separately or together. If the Engineer denies the claim for additional compensation or a combination of additional compensation and Contract Time, in full or in part, according to 00199.40(a), the Contractor may request review of the denial. The disputed claim for additional compensation or a combination of additional compensation and Contract Time may then be resolved, in full or in part, at any of the progressive steps of claim review procedure as specified in (b) through (c) of this Subsection. If the Engineer has denied a claim, in full or in part, for Contract Time only according to 00180.80, or has denied a claim,in full or in part, for correction of final compensation according to 00195.95, those disputed claims may then be resolved, in full or in part, at either of the two progressive steps of claim review procedure as specified in (b) through (c) of this Subsection. A person authorized by the Contractor to execute Change Orders on behalf of the Contractor must be present and attend all claim hearings. For all claims, all of the actions and review under each step of the review process shall occur before the review can be advanced to the next higher step. If, at any step in the claim decision or review process, the Contractor fails to promptly submit requested information or documentation that the Agency deems necessary to analyze the claim, the Contractor is deemed to have waived its right to further review, and the claim will not be considered properly filed and preserved. (a) Decision by the Engineer-The Engineer will, as soon as practicable, consider, investigate, and evaluate a Contractor's claim for additional compensation, or for a combination of additional compensation and Contract Time,if submitted as required by 00199.30. Once the Engineer determines the Agency is in receipt of a properly submitted claim, the Engineer will arrange a meeting,within 21 Calendar Days or as otherwise agreed by the parties,with the Contractor in order to present the claim for formal review and discussion. If the Engineer determines that the Contractor must furnish additional information, records or documentation to allow proper evaluation of the claim, the Engineer will schedule a second meeting, to be held within 14 Calendar Days or as otherwise agreed by the parties, at which the Contractor shall present the requested information,records and documentation. 125 00199 The Engineer will provide a written decision to the Contractor within 30 Calendar Days of the last Engineer-level meeting. If the Contractor does not accept the Engineer's decision, the Contractor may,within 10 Calendar Days of receipt of the written decision, request in writing that the Engineer arrange a review at Step 1 (see (b) below). (b) Step 1: Public Works Director Level Review-The Contractor shall request that the Engineer arrange a meeting with the Public Works Director or the Public Works Director's designee,as determined by the Public Works Director, in order to present the denied or partially denied claim for formal review and discussion. The meeting will take place within 21 Calendar Days of the Agency's receipt of the request, or as otherwise agreed by the parties. If the Public Works Director (or designee) determines that the Contractor must furnish additional information, records or documentation to allow proper evaluation of the claim, the Public Works Director (or designee) will schedule a second meeting, to be held within 14 Calendar Days, or as otherwise agreed by the parties, at which the Contractor shall present the requested information, records and documentation. The Public Works Director (or designee) will provide a written decision to the Contractor within 30 Calendar Days of the last meeting with the Public Works Director(or designee). The claim is subject to 00199.60, if not all of the records requested by the Public Works Director (or designee) were furnished. If applicable, advancement of the claim is subject to the provisions of 00199.60 regarding waiver and dismissal of the claim or portions of the claim. If the Contractor does not accept the decision, the Contractor may,within 180 Calendar Days from the date of receipt of the Public Works Director (or designee) written decision or within 90 Calendar Days of the date of Second Notification,whichever is later,initiate Step 2 as set forth in subsection (c) below. (c) Step 2: Arbitration and Litigation -The Contractor must follow each step in order,and exhaust all available administrative remedies before resort to arbitration and litigation. Litigation of a claim that cannot be resolved in Step 1 shall be initiated by filing a complaint in the Circuit Court for the State of Oregon in the county where the 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 immunity,immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. (d) Payment of Costs, Expenses and Attorney's Fees -The prevailing party shall be entitled to an award for reasonable costs and expenses incurred after the initiation of Step 2, including costs and expenses incurred for arbitration,trial de novo and on appeal. Costs and Expenses shall include,but shall not be limited to, reasonable attorney fees and expenses, arbitrator fees and expenses, and costs of discovery 126 00199 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. Even if the records have not been maintained or the records, or access to the records, have not been provided to the Agency in a given instance, the Agency may determine that sufficient records have been provided for the Agency to properly evaluate the claim in that instance. If the Agency makes this determination, the claim or portions of the claim will not be waived or dismissed under this provision. If the Contractor does not accept the Agency written determination that the records are material and necessary for proper evaluation of part or all of the claim, and the portions of the claim for which the records are material and necessary, the Contractor may, within 14 Calendar Days of receipt of the Agency determination, request, in writing, a review of such determination by the Public Works Director (or designee). If the Contractor does not request a review of the Agency determination, the Agency determination shall then become the Agency's final determination as of the expiration of the time limit to request review. If the Contractor requests the review,the Public Works Director (or designee)will schedule a review meeting within 14 Calendar Days, or as otherwise agreed by the parties, of when the Public Works Director (or designee)receives the written review request. The Agency and the Contractor will each have an opportunity to explain their respective positions at the review meeting in a manner determined by the Public Works Director(or designee). 127 00199 Within 10 Calendar Days of the review meeting, the Public Works Director (or designee)will issue a written proposed finding of whether the records not maintained or not provided to the Agency, or for which access was not provided to the Agency, are material and necessary for proper evaluation of part or all of the claim. If the Public Works Director (or designee)makes that finding, then the Public Works Director (or designee)will also make a proposed written finding as to what portions of the claim the records are material and necessary and,therefore,waived and irrevocably dismissed. Even if the records have not been maintained or the records, or access to the records, have not been provided to the Agency in a given instance, the Public Works Director (or designee) may determine that sufficient records have been provided for the Agency to properly evaluate the claim in that instance. If the Public Works Director (or designee) makes this determination, then the claim or portions of the claim will not be waived or dismissed under this provision. The Public Works Director's (or designee) findings will be submitted to the Contractor. The Public Works Director's (or designee) findings are the Agency's final determination. If the Agency's final determination is that the records are material and necessary for proper evaluation of part or all of the claim, then the claim or that portion of the claim for which the records are material and necessary is waived and irrevocably dismissed, unless the Contractor provides the records, or access to the records, to the Agency within 5 Calendar Days of the Agency's final determination. If the Contractor provides the records,or access to the records,within this time limit,the Agency will schedule a meeting with the Contractor within 14 Calendar Days or as otherwise agreed by the parties,to discuss the records. The Agency's final determination that records are material and necessary for proper evaluation of part or all of the claim, and the Agency's final determination of the portions of the claim for which the records are material and necessary, shall be final and binding. If the entire claim is waived and irrevocably dismissed pursuant to the Agency's final determination there will be no further decision by the Agency on the claim or further review of the claim under 00199.40 and the claim will not be eligible for mediation under 00199.50. If only portions of the claim are waived and irrevocably dismissed pursuant to the Agency's final determination, the Agency will provide a written decision to the Contractor regarding the remaining portions of the claim within 30 Calendar Days of the final Step 2 meeting, or the Agency's final determination regarding the records, whichever is later. There will be no further decision by the Agency on or further review under 00199.40 of the portions of the claim waived and irrevocably dismissed pursuant to Agency's final determination and those portions will not be eligible for mediation under 00199.50. 128 ATTACHMENT L-SPECIAL PROVISIONS CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT WORK TO BE DONE The work to be done under this contract consists of widening and reconstructing the existing street,constructing sidewalks and driveways, installation of water, stormwater and sanitary sewer mains with appurtenances, installation and planting of stormw_ater facilities,signage and other miscellaneous improvements as shown on the plans entitled: SW WALL STREET IMPROVEMENTS PROJECT: #95047. FEDERAL PARTICIPATION DISCLOSURE This project will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration and therefore is subject to the Federal laws and regulations associated with that program. APPLICABLE SPECIFICATIONS The Specifications,which are applicable to the work on this project,are: • APWA/ODOT 2015 edition of the "Oregon Standard Specifications for Construction". All number references in these special provisions shall be understood to refer to the Sections and subsections of the Standard Specifications and Supplemental Standard Specifications bearing like numbers and to Sections and subsections contained herein in their entirety. Standard Specifications not specifically addressed in these Special Provisions shall be complied with if applicable. SECTION 00170—LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the City of Tigard General Conditions,modified as follows: 00170.70 Insurance: A. Insurance Coverages—Add the following to the end of this subsection: The Contractor shall be required to obtain Railroad Protective Liability Insurance in the amounts of$2,000,000 per occurrence and$6,000,000 aggregate. In addition to providing Railroad Protective Liability insurance,the Contractor shall provide current proof of Commercial General Liability insurance naming the Railroad and Genesee& Wyoming Inc. as additional insured.This coverage must meet minimum requirements of $2,000,000 per occurrence and$6,000,000 aggregate. The General Liability certificate is also required to show proof of CG2417 or its equivalent as well as a waiver of subrogation in favor of the Railroad. Additional information regarding Railroad insurance requirements can be found at the following web address:https://www.gwrr.com/real—estate/insurance—requirements 195 1 Page SECTION 00180—PROSECUTION AND PROCESS 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 following hours • 7:00 a.m.to 7:00 p.m.Monday through Friday(unless 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(c) Beginning of Contract Time —Replace this subsection, except for the subsection number and title,with the following: When the Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin with the issuance of the Notice to Proceed. 00180.50(h) Contract Time—Add the following subsection. Work to be done under this project shall be completed within two-hundred eighty(280) calendar days. 0180.85 Liquidated Damages—Add the following paragraph to the end of this subsection: The liquidated damages for failure to complete the Work on time required by 00180.50 (h)will be$500 per Calendar Day. SECTION 00199-DISAGREEMENTS,PROTESTS,AND CLAIMS Delete Section 00199 of the Standard Specifications. Refer to the City of Tigard General and Special Conditions. SECTION 00210-MOBILIZATION Comply with Section 00210 of the Standard Specifications modified as follows: 00210.00 Scope—Add the following to this subsection: Pre-construction Visual Survey. Prior to commencing any construction activities,the Contractor shall prepare a recorded visual survey of all existing features within the project limits as well as adjacent properties. The visual survey shall be recorded on standard digital equipment and a DVD copy shall be provided to the Agency for the Agency's review prior to commencing construction. The survey shall show all features within or adjacent to the project limits which are known or suspected to generate damage claims. The survey shall also include video of any existing improvements which were damaged prior to construction. Post-construction visual comparison to the visual survey shall be a basis for determining damage to properties should a damage claim arise. 00210.40 Mobilization—Add the following bulleted items to the end of this Subsection: 196 1 Page + Obtain all applicable licenses and insurance required by the Contract to complete the work as specified herein. 00210.90 Payment—Add the following to this subsection: Payment for mobilization shall also include all costs associated with completing a pre-construction visual survey and obtaining all necessary licenses and insurance. SECTION 00220-ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.40(c)Driveways—Add the following bulleted item(s): • Coordinate with businesses and obtain access approval to property at least 48 hours in advance. • Provide temporary access during bypassing operation by use of temporary road ramps, steel plates, aggregate or other approved method.Protect and delineate access by use of traffic cones. SECTION 00225-WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications modified as follows: 00225.02 General Requirements-Replace this subsection,except for the subsection number and title,with the following: Provide and maintain all TCM. The Engineer may verbally or in writing require immediate changes to the TCM being used on the Project. Immediately make these changes,as directed. Submit all proposed TCM revisions to the Engineer for approval. Do not start work on any stage of construction until the TCP has been reviewed and accepted and all TCM are in place and the TCP is operating satisfactorily. During construction,determine if TCM,in addition to those in place,are required and immediately notify the Engineer. Immediately make changes as approved or directed, but do not place or remove devices without prior approval. Work may be suspended as specified in 00180.70 or the TCM may be performed by the Agency if the Contractor fails to correct an unsafe condition. Costs for work performed by the Agency will be deducted from monies due the Contractor. SECTION 00280-EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: 00280.00 Scope—Add the following: This section shall be governed by Clean Water Services standards and requirements. SECTION 00290—ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: Add the following subsection: 197 Page 00290.36(c) Prevent Nesting—Comply with Migratory Bird Treaty Act(16 U.S.S. 703-712). If vegetation removal is to continue beyond January 31,the Contractor must submit a migratory bird protection plan for review and approval no later than January 21. Include the following: • Provide a list of qualified personnel experienced in bird identification,including a summary of their qualifications.A qualified individual shall have at least 2 years of work experience identifying nesting birds in the Pacific Northwest. • Describe measures to avoid disturbance to migratory bird nesting habitat(vegetation,structures) from January 31 to August 1 of each year.If complete avoidance is not feasible,describe measure and method to prevent birds and bars from nesting within the Project Site.Describe measures to install, inspect,maintain,and repair exclusionary devices and/or harassment methods,and a schedule for installing,inspecting,and removing exclusionary measures. • Do not begin work until the migratory bird protection plan and the implementation schedule are approved. • Prevent nesting by native birds on structures to be removed or repaired and on vegetation to be removed as follows: • Install,inspect,repair and maintain exclusionary methods or begin harassment methods to prevent nesting of native birds in,on,or under the structures and the vegetation from January 31 to August 1 of each year. • If exclusionary measures have been installed or harassment methods have begun on-site prior to NTP,within 15 Calendar Days of the preconstruction conference,assume responsibility for ensuring that native birds do not nest in,on or under the structures or the vegetation,according to Agency's migratory bird protection plan,including maintaining and inspecting exclusionary measures. • Using qualified personnel from the list,perform inspections on the structures (and the vegetation)according to the implementation schedule for nesting activity and effectiveness of exclusionary measures.Document inspections and maintain documentation on-site. • Remove existing bird nests only if no eggs or young are found. • Meet with the Agency Biologist,the Engineer,and inspector on-site if nests containing eggs or young are found. • Use equivalent materials when repairing or replacing damaged exclusionary measures. • If on-site work is completed prior to August 1,discontinue exclusionary measures or harassment methods. In the event the Contractor fails to prevent nesting of native birds,the Engineer may suspend the work according to 00180.70. Unless authorized in writing by the Engineer,return to the Engineer,within 5 Calendar Days of removal,all exclusionary measures applied by others prior to the NTP for the Project. 00290.41(b) Disturbing Wetlands—Add the following to the end of this subsection: Permits have been obtained for this project from the US Army Corps of Engineers (Corps) and the Department of State Lands (DSL).Keep a copy of Corps and DSL permits at the project site during construction. These Permits authorize the placement of 2,645 cubic yards of fill,and 5,773 cubic yards of removal within wetlands as indicated in the permits.A total of 0.86 acres of wetlands will be permanently filled and 0.7 acres will be permanently removed. Changes to the project that may increase the amount of fill placed in wetlands,material removed from wetlands,or the acreage of wetlands impacted are not authorized. 00290.90 Payment—Add the following item to the list at the end of this subsection: 198 1 Page • Migratory bird protection plan 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 excavating and stockpiling contaminated soils where suspected,coordinating with the Owner for testing,and transporting and disposing of contaminated soils when directed by the Owner. This work shall also include preparation of a Health and Safety Plan (HASP) for work within the contaminated areas of the Project when directed. A soil sample from a boring completed for the geotechnical investigation for the project was tested for contamination;testing results are included as Appendix A. According to testing results,gasoline contamination was present in the soil sample at levels less than regulatory limits for construction worker.It is possible that there are contaminated soils within the project limits which will require removal and disposal at designated facilities. Construction 00294.40 Contaminated Soil Excavation-Excavate and handle contaminated soil according to the following: • Allow the Owner to collect soil and groundwater samples during excavation activities. • Allow Owner access to field screen soils for contaminants during excavation. • Segregate non-contaminated soil from contaminated soil during excavation activities,as directed. • Load contaminated soil directly into trucks and transport directly to the recycling or disposal facility or, when approved,temporarily store contaminated soil on site in covered water tight containers or place contaminated soil on minimum 6 mil thick polyethylene sheeting that has an impermeable berm around the edge. Cover the contaminated soil with minimum 6 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. • Remove contaminated media from the exterior of all vehicles before they leave the Project Site • Where over excavation is required,backfill the excavation according to 00330.42. 00294.41 Contaminated Soil Management-Reuse,recycle,or dispose of contaminated soil according to any of the following: • Landfill Disposal: o Obtain the Engineers approval of the disposal facility before disposing of the contaminated soil. o 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 or before Second Notification,whichever occurs first. o Complete and sign all manifests and bill of lading forms for handling,loading,transporting, and disposing of the contaminated soil. o Pay all filing and permit fees. 199 1 Page • Recycling o Obtain the Engineers approval of the recycling facility before disposing of the contaminated soil. o Transport contaminated soil to a DEQ permitted recycling facility or asphalt batch plant. Recycle temporarily stored contaminated soils within 30 days of beginning excavation or before Second Notification,whichever occurs first. o Complete and sign all manifests and bill of Lading forms for handling,loading, transporting,and recycling the contaminated soil. 00294.44 Contaminated Groundwater Management-Remove and handle contaminated groundwater as directed.Recycle or dispose of contaminated groundwater as directed. Measurement 00294.80 Measurement—The work described in this specification section will be tracked and measured on a force account basis according to Section 00197 Payment 00294.90 Payment-The work described in this specification section will be paid on a force account basis according to Section 00197. 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-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: hL:-": .www.ore on.;�ov ODOT HWY I GEOMETRONI S Pa ges 'documents.as)x The Agency will not establish control stations,perform measurements and calculations for pay quantities,or perform final"as constructed"measurements,contrary to Section 1.5 of the above referenced manual. The Contractor's surveyor will be responsible to complete this work. 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. The Engineer will not be responsible for any data translations. An electronic copy of the base drawing,in autocad.dwg format shall be delivered to the Contractor's surveyor. The electronic drawings shall be used by the Contactor's surveyor as a reference,and it shall be the responsibility of the Contractor to confirm that all data contained within the electronic drawings is consistent with the contract documents. Measurement 200 1 Page 00305.80 Measurement-No measurement of quantities will be made for construction survey work. Payment 00305.90 Payment-The accepted quantities of construction survey work will be paid for at the Contract lump sum amount for the item "Construction Survey Work". Payment will be payment in full for furnishing all material,equipment,labor,and incidentals necessary to complete the work as specified. No separate or additional payment will be made for any temporary protection and direction of traffic measures including Elaggers and signing necessary for the perfonnance of the construction survey work. No separate or additional payment will be made for work necessary to install survey monument box. No separate or additional payment will be made for preparing surveying documents including but not limited to office time,preparing and checking survey notes,and all other related preparation work. Costs incurred caused by survey errors will be at no additional cost to the Agency. These costs include price adjustments for failure to meet requirements of the"Construction Surveying Manual for Contractors",repair or removal and replacement of deficient product,and over-run of material. SECTION 00310- REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section 00310 of the Standard Specifications modified as follows: 00310.91 Lump Sum Basis—Replace this subsection,except for the subsection number and title,with the following: The accepted quantities of removal work done on a lump sum basis will be paid at the Contract lump sum amount for the following items: Pay Item Unit of Measurement (a) Removal of Structures and Obstructions.. ..........Lump Sum Item (a)includes all removal work done on a lump sum basis,except as covered under pay items given in 00310.92. 00310.92 Separate Item Basis—Supplement this subsection with the following pay items: Pay Item Unit of Measurement (g) Removal of Concrete Pavement. ...............Square Yard (h) Removal of Asphalt Pavement...............................Square Yard Items (g)and(h)will include all necessary sawcutting,as well as removal,haul,and disposal of removed pavement and reinforcement. 201 1 Page SECTION 00320- CLEARING AND GRUBBING Comply with Section 00320 of the Standard Specifications. SECTION 00330-EARTHWORK Comply with Section 00330 of the Standard Specifications. SECTION 00331- SUBGRADE STABILIZATION Comply with Section 00331 of the Standard Specifications. SECTION 00344—TREATED SUBGRADE Comply with Section 00344 of the Standard Specifications modified as follows: 00344.00 Scope-Replace this subsection with the following: This work consists of treating the upper layer of subgrade with water and portland cement to form a stabilized course of material at the locations and to the lines,grade,thicknesses and cross section shown on the plans or directed by the Engineer. Contractor shall be responsible for evaluating existing topography prior to work as described in Section 00305. Add the following new subsection: 00344.12 Mix Design—The mix design establishes the depth of the treated subgrade,the amount of added materials,the amount of pordand cement stabilizing agent(cement) to be incorporated into the mixed subgrade and the maximum dry density and optimum moisture content.The mix design is based on the materials that are found on the project site or assumed in-situ parameters. The Contractor shall establish a mix design which results in a treated subgrade with a minimum seven-day compressive strength of at least 150 psi. The Contractor shall determine the amount of cement and additional water required to achieve specified compaction. Add the following new subsections: Equipment 00344.20 General Requirements - Equipment should be tracked or use balloon tires sufficient to distribute vehicle loads without damaging subgrade. 00344.21 Equipment for Addition of Stabilizing Materials-Furnish cement spreading equipment providing a positive means for accurately controlling the rate of delivery and total delivery of the cement onto 'the subgrade surface in relation to the speed of the cement spreader and in relation to the quantity of subgrade material.The cement spreading equipment shall be capable of being adjusted for the width of the surface such that the overlapped mixture maintains the designed residual cement content. Cement drop height from the spreader shall be less than 12 inches above the ground to minimize airborne cement dust.The cement spreading equipment shall be equipped with protective skirts which shall prevent excessive airborne cement .. ........ ...... 202 Page dust during the spreading operation,and shall extend down to within two inches or less of the ground.If the cement spreading equipment does not adequately prevent airborne cement dust,the Contractor shall immediately discontinue use of the equipment until adjustments to the equipment have been made to correct the excessive dust. If adjustments do not adequately correct the excessive dust,the Contractor shall immediately remove the non-compliant cement spreader and supply another which complies with these specifications. Take measures to prevent airborne cement dust during the transfer of cement to the spreading equipment including but not limited to an expandable boot to provide a dust-tight seal between the cement transfer equipment and the receiver to the tank of the cement distributor. If the Contractor's measures do not effectively limit the airborne cement dust,immediately stop cement transfer until corrections have been made to prevent airborne cement dust. If the Contractor doesn't prevent airborne dust from the cement transfer operation,the Engineer will stop Work until adequate corrections have been made to prevent airborne cement dust. 00344.22 Mixing Equipment-Furnish a self-propelled single-shaft or multiple-shaft mixer machine capable of mixing cement into the subgrade material to produce a homogeneous mixture to the depths shown on the Plans. The machine shall be equipped with automatic depth control and maintain a constant cutting depth and width. Agricultural disks or motor graders are not acceptable mixing equipment. Mixing equipment shall be approved by the Engineer prior to use. . 00344.23 Grading Equipment—Provide grading equipment capable of spreading the treated subgrade material and striking if off to designated lines,grades and transverse slopes without segregation,dragging or fracturing of aggregate. 00344.24 Compaction Equipment—Provide a self-propelled tamping foot and a steel-wheel roller capable of reversing without backlash.Tamping foot rollers shall have a minimum gross static weight of 15 tons and smooth-wheel rollers shall have a minimum gross static weight of at least 12 tons. 00344.25 Finishing-Provide grading equipment capable of spreading the treated subgrade material and striking it off to designated lines,grades and transverse slopes without segregation,dragging or fracturing of aggregate. 00344.26 Curing Equipment-Provide a water truck with a maximum gross vehicle weight of 26,000 pounds to provide water used to keep the surface of the mixed material damp during the curing process. Provide a water truck to be used exclusively to provide a direct water supply to the mixer for dry cement application Labor 00344.30 Quality Control Personnel—Provide certified technicians in the following fields: • CEBT • CAGT • CDT 00344.40 Preparation—Supplement this subsection with the following: 00344.40(a) Pre-Treated Subgrade Conference -Supervisory personnel of the Contractor,including any subcontractors who are to be involved in the reclamation Work,shall meet with the Engineer at a mutually 203 1 Page agreed time to discuss methods of accomplishing the Work. A representative of the Contractor responsible for the quality control on the project shall also attend.At this meeting,the Contractor shall provide the following: 1. A list of proposed equipment to be used to meet the specifications 2. A detailed schedule showing phasing and time frames for each treated subgrade section together with the schedule for paving the ACP base lift. 3. A proposal for construction methodology 4. Proposal for identifying and protecting shallow utilities and working around utility structures. 5. A detailed plan and schedule for curing. 6. A plan for coordination of curing,paving,and providing local access throughout these work items 7. Quality control plan 00344.40(b) Subsurface Obstruction Investigations -Prior to initiating the treated subgrade operation,the Contractor shall be responsible to verify existing subsurface utility depths that may conflict with the reclamation and mixing process. The Contractor shall complete exploratory excavations of all utilities potentially in conflict with the proposed work a minimum of two (2)working days prior to beginning work preparatory to treated subgrade construction.The Contractor shall submit this information to the Engineer a minimum of two (2)working days prior to beginning preparatory work. The Contractor shall use all means necessary to protect existing utilities and structures. Any damage caused to existing utilities or structures due to the negligence of the Contractor to verify conflicts shall be repaired at no cost to the City in accordance with subsection 00170.82. 00344.40(c) Seasonal and Temperature Limitations—The Contractor shall not perform subgrade treatment operations when the weather conditions are such that proper mixing,shaping,and compacting of the treated subgrade material cannot be accomplished. Do not perform cement treated base work during or in any of the following conditions: • Periods of rain,or when rain is anticipated within a day • On frozen soil • When air temperatures are below 400 F • If air temperatures lower than 400 F are anticipated during the cure period • During windy conditions. Prepare areas to be stabilized by pre-tilling existing subgrade prior to addition of stabilizing material. 00344.40(d) Subgrade Preparation-The Contractor shall excavate areas of soft and organic soils in the subgrade that are unsuitable for treatment or where deeper removal is required. Construct subgrade stabilization,as approved by the Engineer. The materials to be incorporated in the cement treated layer shall be pulverized to the full depth of the treatment depth so that all material will pass a 2-inch sieve. The surface shall then be brought to uniform grade and cross section prior to adding any new aggregate. If new aggregate is required it shall consist of 1"-0 crushed aggregate as specified in Section 02630.10. After adding any new aggregate,the surface shall be brought to uniform grade and cross slope prior to application of the cement. 00344.41 Addition of Stabilizing Material-Replace this subsection,except for the subsection number and title,with the following: 204 1 Page Apply stabilizing materials at a uniform rate as specified using equipment and methods that will uniformly distribute the stabilizing material in one pass without varying more than-1.0%to +2.0% from the specified amount. Do not allow vehicles to drive through the cement. Allow only equipment that is used for watering,applying and mixing the stabilizing material to pass over the material until after it is mixed into the soil. Add water,if necessary,during mixing operations to provide optimum moisture content. 00344.42 Mixing—Replace this subsection,except for the subsection number and title,with the following: Perform mixing operations until the treated subgrade material is uniform and free of streaks or pockets and all material,other than stones,will pass a 1 inch sieve.Do not allow the content of stabilizing material to vary by more than plus or minus 0.5% from the amount specified. Begin final mixing as soon as possible after the cement has been placed,and continue until a homogeneous mixture of soil and cement is achieved throughout the full design depth and width,and is free of soil clumps. The Engineer may require multiple mixing passes in order to achieve a uniform and homogeneously mixed material. Longitudinal and transverse joints adjacent to partially hardened cement treated subgrade shall be formed by cutting back with the mixer into the previously constructed work. The amount of overlap shall be sufficient to cut back into dense material. Longitudinal and transverse joints adjacent to hardened cement shall be formed by cutting back into the work to form a straight vertical face. When completed,the face of the joint must be free of loose and shattered material. The Engineer will monitor the cementing operation to make adjustment to mixing or quantity of cement as necessary based on observations of actual in-situ soil properties. Failure to comply with any of the above specifications is cause for the Engineer to order any or all portions of the Work to stop until the Work is brought into compliance or to repeat the treatment of the material at no additional cost to the Agency. Add the following new subsection: 00344.42(a) Work Around Subsurface and Surface Obstructions There are existing subsurface and surface obstructions within the street,including shallow utilities,valves,and manholes.The mixing equipment should not operate within certain limits of utilities. In addition,there are also locations within the project area in which machinery cannot easily mix the full depth reclamation,such as the project limits. Material around these surface and subsurface obstructions shall be excavated,side cast to the adjacent grade, processed with cement,then graded and compacted around the obstruction 00344.43 Finishing—Supplement this subsection with the following: Use a smooth drum roller in static mode to complete compaction and remove roller marks. As compaction nears completion,if necessary or as required by the Engineer,lightly scarify or broom-drag to remove imprints left by equipment or to prevent compaction planes. Continue compaction until uniform and specified density is 205 1 Page obtained. Compaction and finishing shall be done in such a manner as to produce a dense surface free of compaction planes,cracks,ridges,or loose material. Cement placement,mixing,compacting,shaping and finishing shall be continuous and completed within 3 hours from start of mixing.The timing from start of mixing shall be coordinated to allow compaction, shaping and finishing of the treated material to occur prior to the end of the allowable 3 hour period. Sections of the treated subgrade work that have not been completely shaped,compacted and finished within 3 hours of mixing the subgrade with cement shall be re-treated with cement at a rate directed by the Engineer,and re-mixed,re- shaped and re-compacted to the requirements of this Section. 00344.44 Curing—Supplement this subsection with the following: As soon as possible after compaction and finishing has been completed,and not later than 8 hours after compaction has been completed,the surface shall sealed with an emulsified asphalt cure seal. The emulsified asphalt shall be applied by pressure spray distributor at a uniform rate between 0.25 gallons to 0.35 gallons per square yard of surface, or more as necessary to provide a continuous,unbroken curing membrane. The finished surface shall be kept moist until the seal is applied and a light application of water shall be applied immediately ahead of the seal. After the cure seal has been applied the cement treated base shall cure for a period of 96 hours. The curing seal may be omitted if within two hours after the start of mixing the initial lift of asphalt concrete is placed over the cement treated base. Vibratory rollers will not be permitted in the compaction of any lift of material placed over the cement treated base during the time period from 2 hours to 96 hours after the start of mixing of the cement treated base. The contractor is alerted that lack of compliance with the curing requirements will be cause for re)ection of the cement treated subgrade. Traffic shall not be allowed on the cement treated base during the cure period. 00344.45 Compaction-Replace this subsection,except for the subsection number and title,with the following: (a) The cement treated mixture shall be spread to specified line,grade and cross section and the entire depth of the mixture shall be compacted to the specified density within two hours after mixing is completed. Add water as necessary to maintain the moisture content within 0 to plus 2 percentage points of optimum moisture during compaction. (b) Compact the entire depth of mixture to obtain a density of at least 98 percent of maximum density of the dry density for treated materials specified in 00344.12. (c) During compaction,maintain the surface of the mixture at the designated line,grade and cross section. Special attention shall be taken around utility structures and next to curbs to ensure that the material is compacted to the specified depth. Vibratory plate compactors shall be used to achieve compaction of the mixture in areas that are inaccessible to the rollers. (d) Begin the compactive effort by compacting with a tamping foot roller in static mode and continuing until the roller pads walk out of the treated subgrade and adequate compaction is verified by the Engineer. (e) Discontinue any type of rolling resulting in cracking,movement,or other types of distress until such time that the problem can be resolved. 206 1 Page (f) Retreat areas which do not meet specified compaction requirements,or construct subgrade stabilization to a depth of 12 inches or more below subgrade according to Section 00331.Place fabric,backfill the over-excavated area up to the top of subgrade elevation with a single lift of 1 1/2" -0 crushed rock and compact.Apply the compactive effort until the density of the top 6 inches of the subbase rock is as specified in 00641.44(a). In addition,proof-roll these areas to verify they are firm and unyielding as specified above. Notify the Engineer if the specified compaction is not attained.The Contractor may be required to use a modified compaction procedure or apply additional compactive effort. If approved materials meeting the specifications cannot be compacted to the required density regardless of compactive effort or method,the Engineer may reduce the required density or direct that alternative material be used.Do not proceed with finishing or compaction of the subgrade until the Contractor is able to compact the material to the satisfaction of the Engineer. 00344.46 Tolerances—Replace this subsection in its entirety with the following: 00344.46 Depths,Shaping and Surface Tolerances -Immediately following compaction with the tamping foot roller,cut to line,grade and cross-slope. (a) The finished surface of the cement treated base shall be tested with a 12-foot straightedge furnished and operated by the contractor when directed by the Engineer. The surface shall not deviate at any point by more than 1/2 inch from the testing edge when applied in any direction to the surface. (b) Rework areas found to be deficient in thickness by more than 1/2 inch,and add fresh stabilizing material in an amount equal to one-half the original amount. (c) The grade of the compacted treated subgrade shall be finished to within a 1/2 inch of the reestablished lines and grades as surveyed by the Contractor prior to the commencement of work. Surface smoothness shall comply with 00641.45. Shape to achieve planned profile and cross slope,or as directed,and to fill or remove the tamping foot roller marks. Add the following new subsections: Maintenance 00344.60 Care and Maintenance of Work-Maintain the treated subgrade in good condition until all Work is completed and accepted.Maintain a moist surface,and limit traffic over the treated subgrade surface. Maintenance shall include immediate repairs of any defects that may occur at the Contractor's expense. Finishing and Cleaning Up 00344.70 Preparation for Paving—Complete the following work as needed preparatory to asphalt paving work. (a) Proof roll the treated subgrade in accordance with ODOT TM 158 under the observation of the Engineer.Areas exhibiting deflection,reaction or pumping shall be reconstructed with new treated subgrade,or replaced with an aggregate section. (b) Sawcut and remove damaged or uplifted pavement adjacent to the treated subgrade. Repair to pavement and structures damaged by treated subgrade process shall be at no additional cost to Agency. 207 1 Page (c) Vacuum sweep the treated subgrade surface to remove loose sand,dust and debris prior to paving. 00344.90 Payment-Supplement this subsection with the following: The following work will be considered incidental to the cost of item (a): pre-treated subgrade conference, exploratory excavations in order to verify utility depths within the roadway,the addition of additives,including water,necessary to achieve the requirements of this.section,removal and disposal of excess materials necessary to account for added cement volume,and vacuum sweeping of the finished treated subgrade base prior to construction of the asphalt concrete pavement. SECTION 00350- GEOSYNTHETIC INSTALLATION Comply with Section 00350 of the Standard Specifications. SECTION 00390—RIPRAP PROTECTION Comply with Section 00390 of the Standard Specifications. SECTION 00405-TRENCH EXCAVATION,BEDDING,AND BACKFILL Comply with Section 00405 of the Standard Specifications modified as follows: 00405.82 Trench Foundation—Supplement this subsection with the following: No measurement will be made for trench foundation unless directed by the Engineer. 00405.02 Definitions—Add the following to this subsection: Exploratory Excavation—Excavations as shown on the plans which shall be made in order to ascertain the location,elevation,configurations,and material type of underground facilities or utilities. Excavation limits shall be approved by the Engineer and shall not exceed a depth of six(6) feet,width of five (5) feet,and length of five (5) feet. Backfill and temporary or permanent surface restoration as appropriate is also included in this work. 00405.43 Dewatering—Supplement this subsection with the following: Groundwater has been observed at various depths and locations within the project limits,as shown on the Contract Plans and discussed in the Geotechnical Report completed for this project.This report is included in the Contract Documents as Appendix B. The Contractor may expect some groundwater within excavations,but likely no greater than the quantity which can be removed by a sump pump pumping.100 gallons per minute. The Contractor shall dewater,treat,and dispose of the water so as not to cause injury to public or private property,or to cause a nuisance or a menace to the public.The groundwater control system shall be adequate to keep excavations free from standing water during construction.The Contractor shall provide backup systems in case of equipment failure. The Contractor shall not disable or shut down the system if groundwater is present within an open excavation, even if work is not taking place. The Contractor shall maintain water levels at all times and under all conditions a minimum depth below the bottom of all open excavations as required to maintain a stable subgrade. 208 1 Page No excavation work shall be permitted until the dewatering and treatment plan has been submitted and approved by the Engineer,and until the dewatering and treatment systems are in place according to that plan. This plan shall be included with the approved erosion and sediment control plan as described in Section 00280. Dewatered trench water shall be treated to comply with all local,state,and federal requirements,in addition to the Service Provider Letter issued by Clean Water Services for this project,and included in the contract documents as Appendix C.Discharge of dewatered trench water shall also meet the requirements of Section 00290.30 of the Standard Specifications. Add the following subsections: 00405.83 Dewatering—No measurement of quantities will be made for the lump sum bid item"Dewatering". 00405.90 Payment—Add the following bid item to this subsection: Pay Item Unit of Measurement (d) Dewatering................................................Lump Sum Item(d)includes all labor,materials,and equipment necessary to dewater all excavations, treat dewatering water, and discharge treated water in accordance with local,state,and federal requirements. 00405.90 Payment—Remove the bullet and word"dewatering" from the list that begins"No separate or additional payment will be made for:" SECTION 00415—VIDEO PIPE INSPECTION Comply with Section 00415 of the Standard Specifications. SECTION 00430—SUBSURFACE DRAINS Comply with Section 00430 of the Standard Specifications modified as follows: Add the following new subsection: 00430.12 Clean Crushed Drain Rock—Furnish clean,granular material 4-1/2"—2-1/2" crushed drain rock. 00430.80 Measurement—Supplement this subsection with the following: Clean crushed drain rock will be measured by the cubic yard in place where shown on the plans and as directed in writing by the Engineer. 00430.90 Payment—Supplement this subsection with the following bid items: Pay Item Unit of Measurement (c) 3/4 Inch- 1/4 Inch Clean Crushed Drain Rock. ...........Cubic Yard (d) 1-1/2 Inch- 3/4 Inch Clean Crushed Drain Rock.... .......Cubic Yard 00430.90 Payment—Supplement this subsection with the following: 209 1 Page No separate or additional payment will be made for exploratory excavations completed in accordance with Section 00405. SECTION 00440- COMMERCIAL GRADE CONCRETE Comply with Section 00440 of the Standard Specifications modified as follows: 00440.13 Field-Mixed Concrete -Add the following paragraph to the end of this subsection: Pre packaged dry blended concrete from the QPL may be used for work items listed in 00440.14(a). SECTION 00442—CONTROLLED LOW STRENGTH MATERIALS Comply with Section 00442 of the Standard Specifications. SECTION 00445—SANITARY,STORM, CULVERT, SIPHON AND IRRIGATION PIPE Comply with Section 00445 of the Standard Specifications modified as follows: 00445.91 Payment—Supplement this subsection with the following: No separate or additional payment will be made for: • Exploratory excavations • Temporary trench resurfacing • Permanent trench resurfacing SECTION 00470—MANHOLES, CATCH BASINS,AND INLETS Comply with Section 00470 of the Standard Specifications modified as follows: 00470.90 Payment—Supplement this subsection with the following: No separate or additional payment will be made for: • Exploratory excavations • Temporary trench resurfacing • Permanent trench resurfacing SECTION 00490—WORK ON EXISTING SEWERS AND STRUCTURES Comply with Section 00490 of the Standard Specifications modified as follows: 00490.90 Payment—Supplement this subsection with the following bid items: Pay Item Unit of Measurement (i) _Inch Connection to Existing Pipe..............EA Item (i)includes all work necessary to connect existing and proposed pipe sections. 210 Page SECTION 00495—TRENCH RESURFACING Comply with Section 00495 of the Standard Specifications modified as follows: Add the following new subsection: 00495.41 Temporary Trench Resurfacing—When permitted by the Engineer in writing,cold mix asphalt may be substituted for asphalt concrete paving or emulsified asphalt concrete paving for use in temporary trench resurfacing.The Contractor shall replace this material in order to provide a smooth driving surface,as requested by the Engineer,at no additional or separate cost to the Owner. 00495.80 Measurement—Replace this subsection,except for the subsection number and title,with the following: No measurement of quantities will be made for trench resurfacing. 00495.90 Payment—Supplement this subsection with the following: No payment will be made for trench resurfacing.This work will be considered incidental to other bid items. SECTION 00641—AGGREGATE SUBBASE,BASE,AND SHOULDERS Comply with Section 00641 of the Standard Specifications modified as follows: 00641.80(b) Volume Basis—Replace this subsection,except for the subsection number and title,with the following: Measurement shall be per cubic yard of compacted material in place as determined by cross section from design surveys and design grades as shown or as directed by the Engineer. SECTION 00730-EMULSIFIED ASPHALT TACK COAT Comply with Section 00730 of the Standard Specifications modified as follows: 00730.90 Payment-Replace this subsection,except for the subsection number and tide,with the following: No separate or additional payment will be made for emulsified asphalt tack coat. SECTION 00740—COMMERCIAL ASPHALT CONCRETE PAVEMENT(CACP) Comply with Section 00740 of the Standard Specifications. SECTION 00745-ASPHALT CONCRETE PAVEMENT—STATISTICAL ACCEPTANCE Comply with Section 00745 of the Standard Specifications modified as follows: 00745.90 Payment—In the paragraph that begins "No separate or additional payment...",add the following bullet to the end of the bullet list: - 2111 Page • Emulsified asphalt tack coat SECTION 00759-MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES Comply with Section 00759 of the Standard Specifications modified as follows: 00759.00 Scope-Supplement this subsection with the following: This work also consists of furnishing,placing and finishing commercial concrete integral concrete walls. 00759.80 Measurement-Supplement this subsection with the following: Measurement of integral concrete wall will be the finished exposed surface of the wall.No deduction will be made for area overlapping with sidewalk. 00759.90 Payment—Supplement this subsection with the following: Item(d)includes coordination with driveway owners to ensure access as shown on the Plans. Pay Item Unit of Measurement (1) Concrete Landing and Stairs.................................Lump Sum (m) Integral Concrete Wall........................................Square Foot (n) Concrete Curb Cuts..........................................Each (o) Concrete Check Dam..................................... ...Linear Foot (p) Precast Concrete Parking Stop... .............. ............Each (q) Concrete Straddle Block. .. ........................Each Reinforcement and expansion material will be considered incidental to item (1). The following will be considered incidental to item(m):reinforcement and backfill beyond the limits shown on the Plans. Item(n)includes metal inlet assembly,4-1/2"—2-1/2" energy dissipater drain rock,and underlying filter fabric. Item (o)includes rebar,connections between check dam and curbs,weep holes,and energy dissipation pad of splash rock. Item (p)includes precast parking stop and rebar connection between stop and pavement. No separate or additional payment will be made for protection of concrete surfaces from vandalism or adverse weather conditions. SECTION 00850—COMMON PROVISIONS FOR PAVEMENT MARKINGS Comply with Section 00850 of the Standard Specifications modified as follows: 00850.10 Materials -Supplement this subsection with the following: 212 1 Page Material shall be equal to or better than Dura-Stripe,or 3M Stamark Pavement Marking Tape-A420 for stop bars and crosswalks,and A380 for lane lines,legends,and arrows. 00850.45 Installation—Supplement this subsection with the following: Apply inlaid tape during the final rolling of newly-constructed asphalt with a finish roller. Add the following new subsection: 00850.46 Pavement Marking Thickness-Finished longitudinal lines shall be a minimum of 90 mils in thickness. Finished legends,arrows, crosswalks,and stop bars shall be a minimum of 120 mils in thickness. SECTION 00865—LONGITUDINAL PAVEMENT MARKINGS—DURABLE Comply with Section 00865 of the Standard Specifications. SECTION 00867—TRANSVERSE PAVEMENT MARKINGS—LEGENDS AND BARS Comply with Section 00867 of the Standard Specifications. SECTION 00905—REMOVAL AND REINSTALLATION OF EXISTING SIGNS Comply with Section 00905 of the Standard Specifications. SECTION 00920—SIGN SUPPORT FOOTINGS Comply with Section 00920 of the Standard Specifications modified as follows: 00920.90 Payment-Replace this subsection,except for the subsection number and title,with the following: Payment for sign support footings will be under the bid item"Permanent Signing" described in Section 00940. SECTION 00930—METAL SIGN SUPPORTS Comply with Section 00930 of the Standard Specifications modified as follows: 00930.90 Payment-Replace this subsection,except for the subsection number and title,with the following: Payment for sign supports will be under the bid item"Permanent Signing" described in Section 00940. SECTION 00940—SIGNS Comply with Section 00940 of the Standard Specifications modified as follows: 00940.80 Measurement—Supplement this subsection with the following: No measurement of quantities will be made for the bid item"Permanent Signing" 00940.90 Payment—Replace this subsection,except for the subsection number and title,with the following: The accepted quantities of signs placed under this Section will be paid for at the Contract unit price,per unit of measurement,for the following bid items: 213 1 Page Pay Item Unit of Measurement (a) Permanent Signing. ..................................Lump Sum (b) EDA Project Sign... ............................Lump Sum Payment will be payment in full for famishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary to complete the work as specified. Item(a)includes all permanent signs,connections,sign supports,and sign support footings. Item (b)includes the EDA project sign,connections,sign supports,and sign support footings.This item also includes removal and disposal of the sign upon project completion. Payment for work done under this Section will be limited to 75 percent of the amount due until the Agency has received the signed warranties required by 02910.75. SECTION 00942—PERMANENT BARRICADES Section 00942,which is not a Standard Specification,is included in this Project by Special Provision. Description 00942.00 Scope-This work consists of fiuYushing,fabricating,and installing permanent street barricades as shown. Materials 00942.10 Materials-Furnish materials for permanent Type III barricades meeting the following requirements: Hardware..........................................02910.40 Plywood.............................................02910.11 Posts................................................02110.40 Reflective Sheeting(Type III or Type M.......02910.20 Construction 00942.40 General-Construct permanent barricades as shown. Place reflective sheeting on the horizontal member before assembling the required splice. A sheeting manufacturer approved lubricant may be used on the nylon and metal washers to prevent sign sheeting deformation. Replace damaged horizontal members or horizontal members with sheet deformation at no additional cost to the Agency. Measurement 00942.80 Measurement—No measurement of quantities will be made for permanent barricades. Payment 214 1 Page 00942.90 Payment-The accepted quantities of permanent barricades will be paid for at the Contract unit price for the lump sum bid item"Street Barricade". Payment will be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary to complete the work as specified. No separate or additional payment will be made for footings,excavation and backfill. SECTION 00960-COMMON PROVISIONS FOR ELECTRICAL SYSTEMS Comply with Section 00960 of the Standard Specifications modified as follows: 00960.41(f) Disposition of Waste Materials -Replace this subsection title with the title"Disposal of Materials". SECTION 00962-METAL ILLUMINATION AND TRAFFIC SIGNAL SUPPORTS Comply with Section 00962 of the Standard Specifications modified as follows: 00962.02 Calculations and Drawings -Replace the bullet list with the following bullet list: • Prequalified manufacturing shop drawings. • Calculations and shop drawings for all standard poles that do not have prequalified manufacturing shop drawings. • Calculations and shop drawings for all nonstandard poles that do not have prequalified manufacturing shop drawings. • Calculations and installation drawings for all nonstandard pole foundations that do not have details shown. 00962.41 Excavation-Delete the paragraph that begins"Protect all existing pipes...". 00962.46(j-3) Bolt Inspection-Replace the paragraph that begins "Top surface of bolts or rods. ."with the following paragraph: Top surface of bolts or rods that are not flush or do not extend beyond the top of the nut requires the rejection of the installation. Add the following subsection: 00962.46(k) Plate Flatness -Faying surfaces of plates shall be flat to within a tolerance of 1/32 inch in 12 inches and a tolerance of 1/16 inch overall. Base plates with leveling nuts shall be flat to within a tolerance of 1/8 inch in 12 inches and a tolerance of 3/16 inch overall. SECTION 00970-HIGHWAY ILLUMINATION Comply with Section 00970 of the Standard Specifications modified as follows: 00970.00 Scope -Replace this subsection,except for the subsection number and title,with the following: In addition to the requirements of Section 00960,Section 00962,and Section 02926,install highway illumination according to the following Specifications. 215 1 Page Furnish and install the Roadway Illumination System(shown on sheets I-0001 to I-0004) according to the requirements and standards of Portland General Electric(PGE) Option A. Use the approved materials that are listed on the most current PGE Approved Street Lighting Equipment List. Comply with Section 00970 of the Standard Specifications modified as follows unless it conflicts with PGE requirements.The most current equipment list may be found at the following PGE website: hLii)5:y'iwww.i)ordand�,.eneral.com/-/media public safow outdoor-area-lighting:'documents,'pg a-a proved- street-lighting-eqW ment.12dPla=en PGE will inspect the Roadway Illumination System.After PGE has accepted the illumination system installed by the Contractor,PGE will install the cables and wires between the PGE junction boxes. 00970.42 Cable and Wire-Replace the paragraph that begins "Use No. 12 AWG Type XHHW or THWN..."with the following paragraph: Use No_ 12 AWG Type XHHW wire from the control cabinet to the photoelectric relay. Add the following subsection: 00970.50 Grounding and Bonding-In addition to the requirements of 00960.50 and 00962.50,ground and bond metal illumination poles according to the following: Install 1 inch non-metallic conduit from the pole base to the concrete and polymer concrete junction box at each pole. Install a ground rod in each junction box and install No.6 AWG copper ground wire from the ground stud in the pole base to the ground rod in the junction box.The ground rod may be installed in the same junction box that provides illumination circuitry to the pole,however,provide a separate and independent conduit for the ground wire. Bond all metal conduit and metal junction box covers,if used,together to the ground rod. 00970.80 Measurement-In the paragraph that begins "The estimated quantities of..",replace the sentence that begins"The estimated quantities of..."with the following sentence: The quantities of lighting poles and arms are listed on the Project Plans. 00970.90 Payment—Change pay item(b) to read as follows: (b)Lighting Poles and Arms,Fixed Base..............Lump Sum Item (b)includes the light pole,luminaire arm and all associated attachment hardware and anchor bolts. SECTION 01030-SEEDING Comply with Section 01030 of the Standard Specifications modified as follows: 01030.13(b) Quality—Delete the last(fourth) bulleted paragraph. 01030.13(b) Quality—Add the following bulleted items to this subsection: • Seed is certified"Weed Free,"indicating there are no noxious or nuisance weed seeds. 216 1 Page • Seed species and/or seed mixes identified in 01030.13(f as"Native'shall meet the following additional requirements: •The seed has been tested for viability under the Oregon Seed Lav within 12 months of application of the seed. •Original (first generation) stock seed and Non-Source Identified seed originated from within the Willamette Valley ecoregion as defined by the US Environmental Protection Agency(EPA). •Source Identified seed is third generation or younger. •Non-Source Identified seed meets or exceeds Oregon State Department of Agriculture Certified Seed Standards. •Seed whose origin cannot be traced may not meet the definition of"native". •For seeding operations using standard seeding equipment, seeds with awns or pubescence have been cleaned and de-bearded prior to their inclusion into mixtures. 01030.13(f) Types of Seed Mixes -Add the following to the end of this subsection: Provide the following seed mix formulas: Temporary Seeding:Apply PLS at a rate of 87 lbs/acre (2 lbs / 1000 SF) Botanical Name PLS - (%Purity x % Germination) = Amount (Common Name) (lb/acre) (minimum) (minimum) (Ib/acre) Lolium perenne (Perennial Ryegrass) 33.9 Festuca rubra ssp. fallax (Chewing Fescue) 21.8 Festuca rubra (Creeping Red Fescue) 21.8 Agrostis capillaris (Highland Bentgrass) 6.1 Trifolium repens (White Clover) 3.4 01030.15 Mulch-Add the following paragraphs and bullets to the end of subsection: Acceptable mulch materials for this project are: • Hydromulch • Fine Compost Furnish fine compost for all roadside erosion control seeding except hydromulch may be used under the following conditions: Spring planting west of the Cascades between March 1 and May 15. Slopes are steeper than 1V to 1.5H and longer than 16 feet. Projects that have variable slopes may include straw mulch and hydromulch when approved. 217 1 Page 1 01030.48 Application-Replace this subsection,except for the subsection number and title,with the following: Use the following application method for permanent and temporary seeding: Step 1 -Apply fine compost to a uniform depth of 2 inches with a pneumatic blower or other equipment that propels the material directly at the soil surface and achieves direct contact with the soil. Step 2-Seed the disturbed area with the seed mix at the rates specified in 01030.13(f).) Seed may be spread by mechanical spreader according to 01030.48(b-1-c). Step 3 - Cover seeded areas with fine compost uniformly at an approximate depth of 1/4 inch. Step 4-Fertilize according to 01030.44. 01030.90 Payment-Replace the following units of measurement: Pay Item Unit of Measurement Permanent Seeding.........................................................Square Yard Fertilizing.....................................................................Square Yard Mulching.....................................................................Square Yard SECTION 01040-PLANTING Comply with Section 01040 of the Standard Specifications modified as follows: 01040.02 Definitions—Add the following definitions: Planting Soil—Imported topsoil mixed with inorganic and organic soil amendments. Topsoil—Top layer of the soil profile consisting of existing native surface topsoil or existing in-place surface soil and is the zone where plant roots grow. 01040.14 Topsoil—Add the following subsections: (d) Planting Soil—Furnish imported topsoil or manufactured topsoil from off-site sources blended with soil amendments to produce acceptable planting soil,meeting the following requirements: (1) Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep;do not obtain from agricultural land,bogs or marshes. (2) Planting soils shall meet ASTM D 5268; (3) pH range of 5.5 to 7.5; (4) A minimum of 10 percent organic material content; (5) Free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth; (6) Ratio of Loose Compost to Topsoil by Volume: 1:4; (7) Ratio of Sand to Topsoil by Volume: 1:10 (8) Weight of Lime per 1000 Sq. Ft.: 1 lb; (9) Weight of Commercial Fertilizer per 1000 Sq. Ft.: 15 lbs. 218 1 Page (e) Stormwater Planting Soil—Furnish Stormwater Planting Soil conforming to the following: (1) General Composition: The material shall be a mix of sand and compost, blended by volume consisting of 60-70% sand and 30-40%compost(by volume). (2) Analysis Requirements: A particle gradation analysis of the blended material,including compost, shall be conducted in conformance with ASTM C117/C136 (AASHTO T11/T27). The analysis shall include the following sieve sizes: 1 inch, 3/8 inch,#4, #10,#20,#40, #60, #100, #200.The gradation of the blend shall meet the following gradation criteria: Sieve Size Percent Passing 1 inch 100 #4 60-100 # 10 40-100 #40 15-50 # 100 5-20 #200 1-5 (3) Blended Material:The blended material shall meet the following requirements: a. The material shall be loose and friable. b. It shall be well mixed and homogenous. c. It shall be free of wood pieces,plastic,and other foreign matter. d. It shall have no visible free water (4) Compost:The compost shall meet the requirements of Section 03020 in addition to the following: a. The compost shall be the result of the biological degradation and transformation of plant- derived materials under conditions designed to promote aerobic decomposition. The material shall be well composted, free of viable weed seeds, and stable with regard to oxygen consumption and carbon dioxide generation. The compost shall have no visible free water and produce no dust when handled. It shall meet the following criteria,as reported by the US Composting Council STA Compost Technical Data Sheet provided by the vendor. b. 100%of the material must pass through a 1/2 inch screen. c. The organic matter content shall be between 30 and 70% (dry weight basis). d. Stability shall be 'Stable' to'Very Stable'. e. Trace metals test result= "Pass". 01040.15 Soil Conditioners -Replace the sentence that begins "Submit a 15 pound..."with the following sentence: For mushroom compost and peat moss only,submit a 15 pound sample for approval by the Engineer before construction. 01040.15(b) Composted Yard Debris -Replace this subsection with the following subsection: 01040:15(b) Commercially Manufactured Compost-Commercially manufactured fine and medium compost material meeting the requirements of Section 03020. 01040.23(e) Root Barrier—Replace this subsection with the following subsection: 01040.23(e) Root Barrier—Root barriers shall be composed of continuous rigid polyethylene material twenty- four inches in depth with a minimum wall thickness of 0.080 inches.Barrier shall also contain 90-degree vertical molded ribs on root-side of barrier. Submit product data,including material descriptions, field assembly requirements,and installation details and a 36-inch length sample for approval prior to construction. 219 1 Page 01040.43 Topsoil:—Rename this section`01040.43—Planting Soil' 01040.43(b) Subsoil Preparation—Replace this section with the following section: 01040.43(b) Subsoil Preparation—Grade and finish areas that are to receive planting soil,allowing for the specified amounts of planting soil. Scarify or till subsoil that is loose and friable to a depth of 6 inches and obtain approval from the Engineer before placing planting soil.Remove stones larger than 1 inch in any dimension and sticks,roots,rubbish,and other extraneous matter and legally dispose of them off Owner's property. 01040.43(c) Hauling and Spreading—Replace this section with the following section: 01040.43(c) Hauling and Spreading—Haul and spread material without compacting the planting soil or areas where it is placed. Protect from damage any surrounding objects,pavement,structures and areas that are traveled,crossed,or-mounted by equipment. Smoothly spread planting soil over the specified areas to the thickness,grades,and slopes shown or directed. Avoid wasting planting soil and do not place material during wet conditions.Do not work saturated soils in any manner.Material placed contrary to Engineer instructions or in undesignated places will not be paid for and removal may be required at the discretion of the Engineer. 01040.43(d) Finishing and Clean Up—Replace this section with the following section: 01040.43(d) Finishing and Clean Up—Finish areas covered with planting soil to proper grade,contour and cross section. Cultivate all planting soil not in a loose and friable condition to a depth of at least 4 inches.Bring the surface to a condition ready for planting operations. 01040.48 Planting Area Preparation—Replace this section with the following section: 01040.48 Planting Area Preparation—All planting areas shall be Weed Free before planting or seeding operations begin. Identify,kill,and remove plants according to 01030.62(b-3). Prepare all planting areas meeting the following requirements: (a) General —Eliminate uneven areas and low spots, remove lumber, stones, sticks, mortar, concrete, rubbish,debris,contaminated soil and any other material harmful to plant life,in shrub and ground cover beds.All planting areas shall be Weed Free before planting or seeding operations begin. Identify, kill,and remove plants according to 01030.62(6-3). (b) Soil Preparation in Planting Beds (1) Loosen subgrade at bottom of planting beds to a minimum depth of 6 inches.Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. a. Apply fertilizer directly to subgrade before loosening,as required by soil test results. b. Thoroughly blend planting soil mix off-site before spreading. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. Mix lime with dry soil before mixing fertilizer. c. Spread planting soil mix to a depth of 18 inches but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet. 220 1 Page Spread approximately one-half the thickness of planting soil mix over loosened subgrade. Mix thoroughly into top 4 inches of subgrade. Spread remainder of planting soil mix. (2) Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose,uniformly fine texture. Roll and rake,remove ridges,and fill depressions to meet finish grades. (3) Restore planting beds if eroded or otherwise disturbed after finish grading and before planting. (c) Soil Preparation in Infiltration SWales (1) Subgrade preparation shall meet the requirements in Section 01012. (2) Placement of the Stormwater Planting Soil: The material shall be placed in loose lifts,not to exceed 8 inches each and each lift shall be compacted with a water-filled landscape roller.The material shall not otherwise be mechanically compacted. (3) Spread Stormwater Planting Soil mix to a minimum depth of 18 inches but not less than required to meet finish grades after natural settlement. Do not spread if stormwater planting soil or subgrade is frozen,muddy,or excessively wet. (4) Finish Grading: Grade planting beds to a smooth,uniform surface plane with loose,uniformly fine texture. Roll and rake,remove ridges,and fill depressions to meet finish grades. 01040.49 General Planting—Add the following bullets: Layout of major planting areas as indicated on the plans are approximate only, and the locations and identity of all trees, shrubs and ground covers shall be outlined in the field by the Contractor, subject to review and approval. Inspection: The Contractor shall notify the Engineer seventy-two hours prior to beginning any planting. The Engineer may adjust plant material location to meet field conditions. Planting shall not occur until the Engineer has approved the location and layout of all plant beds. Replace the bullet that begins "Do not plant in standing..."with the following bullet: Do not plant in standing water unless approved by the Engineer. If standing water is present within a plant pit,notify the Engineer prior to planting to determine what corrective measures are required. Add the following to the end of this subsection: The following watering frequencies are required: Deciduous trees that are 1 1/2 inch and larger, water at a frequency sufficient to maintain trees in good health and condition. Conifer trees that are over 4 feet tall,water at a frequency sufficient to maintain trees in good health and condition. All shrubs,water at a frequency sufficient to maintain in good health and condition. 01040.53 Mulch—Replace this section with the following section: 01040.53 Mulch—Apply mulch in areas and depths as shown. 2211 Page 01040.55(i)Tree Stakes and Ties—Replace"Parallel with prevailing winds"with "parallel to curb line. Replace "12 inches below the planting hole depth"with"18 inches below the planting hole depth". Add the following section: 01040.80(b) Topsoil and Wetland Topsoil—Replace this subsection with the following subsection: 01040.80(b) Planting Soil and Stormwater Planting Soil—The items`Planting Soil'and`Stormwater Planting Soil'will include topsoil,compost,and soil amendments and conditioners,and will be measured on the volume basis in the hauling vehicle. Topsoil utilized in planting soil or stormwater planting soil mixes taken from the required excavations according to 00330.10 will be measured according to 00330.82. 01040.80(c) Soil Conditioners—Delete this subsection. 01040.80(f) Mulch-Replace the unit of measurement for the pay item"Bark Mulch"with the following: Rock Mulch ........... .................................Cubic Yard 01040.80(g) Miscellaneous—add the following bullet: • 12 Mo.Maintenance—No measurement will be made for this lump sum bid item. • Pea Gravel—Pea gravel will be measured on a volume basis in-place. Add the following subsection: 01040.90(b) Topsoil and Wetland Topsoil—Replace this subsection with the following subsection: 01040.90(b) Planting Soil and Stormwater Planting Soil— Planting soil,including topsoil,compost,and soil conditioners,will be paid for at the Contract unit price,per cubic yard,for the item"Planting Soil". Stormwater Planting Soil will be paid for at the Contract unit price,per cubic yard, for the item"Stormwater Planting Soil". Topsoil taken from required excavations according to 00330.10 and utilized in either"Planting Soil" or "Stormwater Planting Soil"will be paid for according to 00330.94. No payment will be inade for planting soil that is placed in non-designated areas or which is contrary to the Engineer's insuvctions. 01040.90(c) Soil Conditioners—Delete this subsection. 01040.90(f) Mulch—add the following pay item: Pay Item Unit of Measurement (g) Rock Mulch . .. ........ ..........Cubic Yard 222 1 Page 01040.90(8) Miscellaneous—add the following pay items: Pay Item Unit of Measurement (f) 12 Mo.Maintenance ......... ....Lump Sum Item(g)includes all work necessary to maintain plants in healthy condition for a 12-month period,as measured after final acceptance of work.Plants which are not healthy shall be removed and replaced during this maintenance period at no additional cost to the Owner. Add the following bullets to the list under the last paragraph of this subsection: Soil Conditioners SECTION 01095- SITE FURNISHINGS Section 01095,which is not a Standard Specification,is included in this Project by Special Provision. DESCRIPTION 01095.00 Scope-This work consists of constructing site furnishings such as precast concrete parking stops and other furnishings as shown or directed. MATERIALS 01095.10 General: (a) Precast Concrete Parking Stop -Provide precast concrete parking stops with rebar attachments as shown on the Plans. CONSTRUCTION 01095.40 General-Install all site furnishings as shown and according to the manufacturers recommendations. MEASUREMENT 01095.80 Measurement-The quantities of site furnishings will be measured on the unit basis. PAYMENT 01095.90 Payment-The accepted quantities of site furnishings will be paid for at the Contract unit price,per unit of measurement, for the following items: Pay Item Unit of Measurement (a) Precast Parking Stop. ............... . ...........Each Payment will be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary to complete the work as specified. SECTION 01120-IRRIGATION SYSTEMS Comply with Section 01120 of the Standard Specifications modified as follows: 223 1 Page 01120.12 Automatic Controllers—Replace the first sentence with the following: Provide I-CORE`IC-600-SS'with`ICM-600'expansion module,and`PED-SS'Stainless steel pedestal,as manufactured by Hunter Industries. 01120.17(a) Gate Valves—Replace the first sentence with the following: Furnish schedule 80 PVC ball valves with EPDM O-ring rated at 150 psi minimum static pressure. 01120.17(h)(2) Automatic Control Valves—Replace the first sentence with the following: Furnish automatic control valves `ICV'lo-%v flow as manufactured by Hunter Industries. Add the following paragraph: 01120.17(i) Quick Connect Blow-Off—The quick connect blow-off shall'be a two piece type capable of having a discharge rate of 30 GPM with a pressure loss not to exceed 11.5 PSI.The valve body shall be constructed of red brass. The cover shall be a durable,protective self-closing rubber cover.The valve shall be opened and closed by a brass key of the same manufacturer having a 1" (MNPT) and 3/4" (FNPT) outlet The valve throat shall have a key-way with detent positions for regulating water flow. 01120.90 Payment-Supplement this subsection with the following: No separate or additional payment will be made for exploratory excavations. SECTION 01140—POTABLE WATER PIPE AND FITTINGS Comply with Section 01140 of the Standard Specifications modified as follows: 01140.40(d) Grade and Alignment Changes—Supplement this subsection with the following: Pothole existing utility crossings a minimum of 100 feet in advance of the pipe installation to identify any grade conflicts. Notify the Engineer of any conflicts. Add the following subsection: 01140.41(g) Other Utilities -Maintain a minimum vertical clearance of 12 inches between installed pipe and other utilities. Maintain a minimum horizontal clearance of 5 feet clear,or 10 feet center-to-center,between installed pipe and other utilities. Engineer's approval and additional protection is required for any pipe installation that does not maintain the specified minimum clearances. 01140.47 Connection to Existing Mains-Replace this entire subsection with the following subsection: 01140.47 Connection to Existing Mains -Make necessary arrangements with the Engineer a minimum of 7 calendar days before making connections to existing water mains. Assemble all materials,equipment,and labor necessary to properly complete the work before starting. (a) Notification -If the connection to the existing system involves temporary water system shutoff, provide written notices to the residents affected by the shutoff a minimum of 48 hours before the shutoff. Submit a draft written notification to the Engineer for approval 5 calendar days before providing written notice to the affected customers. The Engineer will advise which property owners are to be notified. 224 1 Page (b) Permission-The work to perform the connection may need to be carried out during times other than normal working hours. Operation of valves in the Tigard water service area is prohibited. - (c) Connection Assemblies -Excavate potholes to expose existing piping at connection points before constructing the connection. If existing piping is different than shown, provide measurements of depth and a detailed sketch of existing piping configuration and alignment to the Engineer not less than two weeks before the expected construction. (d) Uninterrupted Service -Once work is started on a connection, proceed continuously without interruption, and as rapidly as possible until completed. Schedule main shutoffs to ensure that mains do not remain shut off overnight, on Fridays,over weekends,or on holidays. (e) Cutting Main Lines - Cut existing water mains according to 01140.12. Remove the portions of pipe to provide for the installation of the required fittings at the points of connection. Determine the exact length of the existing water main that is to be removed. Bevel pipe ends to prevent damage to the transition coupling gasket during installation of the coupling. Clean the exterior of the existing pipe end to a sound, smooth finish before installing the coupling. 01140.50(a) Flush and Disinfect-Replace this subsection,except for the subsection number and title,with the following: Upon satisfactory completion of testing,the connections to existing mains shall be cleaned and flushed with potable water prior to disinfection. Flushing velocities shall be at least 2.5 feet per second.Disinfection shall be in accordance with AWWA Standard C651792,the State Health Division,and City requirements.The continuous feed method of disinfection shall be used.Disinfecting mixture shall be a chlorine-water solution having a free chlorine residual of 40-50 mg/1.The disinfection mixture will be prepared by injecting a calcium/sodium hypochlorite and water solution into the pipeline at a measured rate while fresh (potable)water is allowed to flow through the pipeline so that the chlorine-water solution is of the specified strength. Treated (chlorinated) water shall be retained in the pipeline long enough to destroy all nonspore-forn-iing bacteria. Typical retention period is 24 hours. 01140.50(c) Disposal of Treated Water-Replace this subsection, except for the subsection number and title, with the following: Dispose of treated water flushed from mains.Meet the requirements of the Service Provider Letter issued by Clean Water Services for this project,and included in the contract documents as Appendix C. To protect aquatic life,de-chlorinate the treated waste water according to AWWA C655 before disposing of water into any storm drain or natural drainage channel. Dispose of disinfecting solution according to AWWA C655 and to the satisfaction of the Engineer and local authorities. If approved by the Engineer and the sanitary sewer Utility, disposal may be made to an available sanitary sewer,provided the rate of disposal will not overload the sewer. 01140.52(b-1) Gaseous Chlorine-Delete this subsection. 01140.52(8) Chlorinating Connections to Existing Water Mains-Replace this subsection,except for the subsection number and title,with the following: Follow the chlorinating procedure specified in AWWA Standard C651-14. Liberally treat the exterior of the existing main at the connection point with hypochlorites. Swab or spray the interior of all new closure fittings, valves,and pipe required for the connection with a 1 percent hypochlorite solution. Disinfect the 5 feet of existing main adjacent to the connection point with a 100 ppm chlorine solution and then thoroughly flush the line. 225 1 Page 01140.52(h) Flushing and Testing-Replace this subsection,except for the subsection number and title,with the following: At the end of the retention period,the pipeline is to have a free chlorine residual of at least 10 mg/1.After satisfactory chlorination, flush the water from the line until the water throughout the pipeline is equal chemically and bacteriologically to the permanent source of supply. (1) Sampling Tap -Install a sampling tap ahead of the flushing hose for convenient sanitary sampling. (2) Sampling Frequency for New Mains -For new mains, collect one set of samples every 1200 feet along the pipe and one set at the end of the pipe. If water from the trench enters the pipe or,in the opinion of the Engineer, excessive quantities of dirt or debris have entered the new main, increase sampling frequency to collect a sample set every 200 feet along the pipe,in addition to the sample set required at the pipe end. (3) Service Resumption -Do not place the lines into service before a satisfactory report is received from the local or State health department on samples collected from representative points in the new system. Samples will be collected and bacteriological tests obtained by the Engineer. 01140.80 Measurement-Replace this subsection,except for the subsection number and title,with the following: (a) Pipe -The quantities of pipe of the various kinds,types,sizes and backfill classes will be measured on the length basis and will be horizontal measurement along the top of the finished trench, with no deduction for fittings,valves, and couplings. (b) Pipe Fittings and Couplings -Ductile iron pipe fittings will be measured on the unit basis. Fittings and couplings shall be measured per each. Large fittings shall include crosses and tees of the sizes specified. Small fittings include all other types of fittings (bends, couplings, adapters, reducers, etc.) of the sizes specified. For reducers, tees, or crosses, the largest size will be the basis for determining the pay item (e.g. 8" x 6"reducer would be measured as an 8" small fitting). 01140.90 Payment—Supplement this subsection with the following pay items: Pay Item Unit of Measurement (d) _Inch Potable Water Pipe with Joint Restraints and Class B Backfill.. ................................................................... Foot (e) _Inch Small DI Fitting with Joint Restraints.........Each (f) Temporary Blowoff Assembly............................Each In items (d) and(e),the nominal diameter of pipe and fittings will be inserted into the blank. Item(e)includes bedding and backfill. Item (f)includes all work necessary to furnish and install the temporary blowoff assembly shown on the Plans. 01140.90 Payment—Supplement this subsection with the following: No additional or separate payment will be made for: • Exploratory excavations 226 1 Page • Temporary restraint of the existing water system including hydrants,valves,pipe,and fittings as necessary to construct the proposed water main • Installing,maintaining,and removing temporary construction blow-offs' • Removal of existing fittings,waterline,and thrust blocks to permit proposed connections • Temporary and permanent trench resurfacing SECTION 01150—POTABLE WATER VALVES Comply with Section 01150 of the Standard Specifications modified as follows: 01150.90 Payment—Supplement this subsection with the following pay items: Pay Item Unit of Measurement (h) Irrigation Double Check Valve Assembly .............Each Item(h)includes the complete irrigation double check valve assembly and box. SECTION 01160—HYDRANTS AND APPURTENANCES Comply with Section 01160 of the Standard Specifications. SECTION 01170—POTABLE WATER SERVICE CONNECTIONS,2 INCH AND SMALLER Comply with Section 01170 of the Standard Specifications modified as follows: 01170.90 Payment—Supplement this subsection with the following: No separate or additional payment will be made for: • Exploratory excavations • Temporary and permanent trench resurfacing SECTION 02010- PORTLAND CEMENT Comply with Section 02010 of the Standard Specifications modified as follows: 02010.10(b) Specifications -Replace this subsection,except the subsection number and title,with the following: Portland cement shall conform to the requirements of AASHTO M 85 or ASTM C150 for low alkali cement except as follows: • Cement shall have a total alkali content(sodium and potassium oxide calculated as Na2O +0.658 K2O) not exceeding 0.60 percent. • All cement types shall contain a maximum of 8 percent tricalcium aluminate(C3A). • The time-of-setting tests will be by either the Gillmore test or the Vicat test. • Types I and II maximum fineness (specific surface) as determined by AASHTO T153 air permeability test shall be 430 m2/kg. If C3S +4.75 C3A is less than or equal to 90,the fineness criteria does not apply. 227 1 Page 02010.20 Blended Hydraulic Cement-Replace this subsection,except for the subsection number and title, with the following: Blended hydraulic cement shall be either Type IS Portland blast-furnace slag cement,Type IP portland- pozzolan cement,Type ILrportland-limestone cement,or Type IT ternary blended cement according to AASHTO M 240. Furnish blended hydraulic cement from the QPL. SECTION 02050-CURING MATERIALS Comply with Section 02050 of the Standard Specifications modified as follows: 02050.00 Scope-Replace this subsection,except for the subsection number and title,with the following: This Section includes the requirements for liquid compounds,.polyethylene films,and curing blankets used to cover concrete and other surfaces to retain moisture and to cure. 02050.10 Liquid Compounds -Replace this subsection,except for the subsection number and title,with the following: Furnish liquid membrane-forming curing compounds from the QPL and meeting the requirements of ASTM C309,except that testing will be done according to ODOT TM 721. All compounds shall be Type 1 D or Type 2,Class A or B. Only Type 2,Class B resins will be allowed for the following concrete pavement applications: • Plain concrete pavement repair. • Continuously reinforced concrete pavement. • Plain concrete pavement. • Reinforced concrete pavement repair. Before using liquid compounds, submit one quart samples of each lot for testing,except samples are not required for commercial grade concrete. 02050.40 Liquid Evaporation Reducer Compounds -Delete this subsection. SECTION 02530 -STRUCTURAL STEEL Comply with Section 02530 of the Standard Specifications modified as follows: 02530.71 Repair of Hot Dip Galvanizing-Add the following sentence after the sentence that begins"Repair damaged... Furnish galvanizing repair material from the QPL. SECTION 02560—FASTENERS Comply with Section 02560 of the Standard Specifications modified as follows: 228 1 P a g e 02560.30 Tie Rods and Anchor Bolts -Replace this subsection with the following subsection: 02560.30 Tie Rods,Anchor Bolts,and Anchor Rods: (a) Steel Tie Rods,Anchor Bolts, and Anchor Rods -Steel tie rods,anchor bolts,and anchor rods shall conform to:AASHTO M 314,Grade 36 or 55;ASTM F 1554,Grade 36 or 55. (b) High-Strength Tie Rods, High Strength Anchor Bolts,and High Strength Anchor Rods - High-strength tie rods,high strength anchor bolts,and high strength anchor rods shall conforin to: AASHTO M 314,Grade 105;ASTM F 1554,Grade 105;or ASTM A 449,Type 1. (c) Nuts -Nuts for tie rods,anchor bolts,and anchor rods shall conform to the requirements of the following,or equivalent: Plain Steel Tie Rods,Anchor Bolts,and Anchor Rods: 0 All-Heavy Hex AASHTO M 291 (ASTM A 563),Grade A Galvanized Steel Tie Rods,Anchor Bolts,and Anchor Rods: 9 All-Heavy Hex AASHTO M 291 (ASTM A 563),Grade A,C,D,or DH Plain Or Galvanized High-Strength Tie Rods,High Strength Anchor Bolts,and High Strength Anchor Rods: a All-Heavy Hex AASHTO M 291 (ASTM A 563),Grade DH (d) Washers -Washers for anchor bolts shall conform to ASTM F 436,Type 1. 02560.40 Galvanizing and Coating of Fasteners,Tie Rods, and Anchor Bolts -Replace this subsection title with the title "Galvanizing and Coating:" 02560.40(a) Galvanizing of Fasteners,Tie Rods, and Anchor Bolts-Replace this subsection with the following subsection: 02560.40(a) Galvanizing of Fasteners,Tie Rods,Anchor Bolts, and Anchor Rods -Hot-dip galvanize fasteners,tie rods,anchor bolts,anchor rods,nuts,and washers according to AASHTO M 111 (ASTM A 123) or AASHTO M 232 (ASTM A 153) as appropriate to the product. When specified,mechanically galvanize fasteners according to ASTM B 695,Class 50,Type 1. Match galvanized bolts,tie rods,anchor bolts,and anchor rods with appropriate galvanized nuts for assembly. Ship nuts in the same container consisting of bolts, tie rods,anchor bolts,or anchor rods. Overtap nuts for galvanized fasteners,galvanized tie rods,galvanized anchor bolts,and galvanized anchor rods according to AASHTO M 291 (ASTM A 563). Measure the zinc thickness on the wrench flats or top of bolt head of galvanized bolts and on the wrench flats of galvanized nuts. 229 1 Page 02560.60(a) Rotational Capacity Test-In the paragraph that begins "Test all high strength fasteners...", replace the first sentence with the following sentence: Test all high-strength fasteners,except high strength tie rods,high strength anchor bolts,and high strength anchor rods,according to Method 1 or 2 below,as applicable. 02560.60(b) Other Test Requirements -Replace the two paragraphs that begin"Provide three extra high strength bolt assemblies..." and"Provide three extra high strength tie rod and..."with the following two paragraphs: Provide_three high strength bolt assemblies per size per lot for check testing. Provide one high strength tie rod assembly,one high strength anchor bolt assembly,and one high strength anchor rod assembly per size per lot for check testing. SECTION 02926-HIGHWAY ILLUMINATION MATERIALS Comply with Section 02926 of the Standard Specifications modified as follows: Add the following subsections: 02926.54 Utility Approved Street Light Poles,Luminaires and Foundations -PGE-approved or PGE- approved equal street light poles and luminaire fixtures shall be used. The following PGE street light pole, luminaire fixtures,and associated foundations are prequalified for use on this project: Spun Aluminum Street Light Poles and arms: Valmont: 270845805T4/1MA0432B Hapco: 21-585PGE P&K Poles (Flagpole Inc): RTA81,30AAS1632D Union Metal: 50-13116-Y3 Luminaires: Leotek GC1-60E-MV-NW-2-GY-530-WL-PGE Leotek GC 1-40E-MV-NW-2-GY-530-WL-PGE Precast Concrete Foundation: Utility Vault 5 CL-LB-PGE (for use except where special foundations are identified.) 02926.55 Manufacturer's Warranty-Furnish a minimum 5 year manufacturer's warranty for LED Luminaires according to 00170.85(c-1) against defects in manufacturing,materials and workmanship and failure of the product.The product has failed if it does not emit at least 85%of the initial lumen output as specified in 2926.54(b). Upon notification by the Engineer of a failure as defined above,provide the following remedy: • Repair failures within 60 Days at no additional cost to the Agency. • Use materials and procedures meeting these Specifications. • Coordinate timing of repair work with the Engineer. 230 1 Page ATTACHMENT M-FEDERAL AND EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECT'S CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT Federal Funding and Re4uirements The City has been awarded$1.5 million in State funding for part of the project which will be awarded to the City in 2017 and a$2.08 million from the U.S. Economic Development Administration (EDA). The use of federal funds for this project necessitates a new competitive bid process consistent with federal standards,including 2 CFR 200.319 (Competition). As a portion of the project will be paid with federal funds,all applicable federal requirements shall be in effect. The following_federal requirements, along included U.S. Department of Commerce Economic Development Administration's Contracting Provisions for Construction Projects,shall be in effect under the Agreement resulting from this ITB: 1. The Davis-Bacon Act 2. Small Businesses,Minority Business Enterprises,and Women's Business Enterprises Contracting and Outreach 3. The Contract Work Hours and Safety Standards Act 4. The National Historic Preservation Act 5. The Historical and Archeological Data Preservation Act 6. The Architectural Barriers Act 7. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act 8. The Energy Conservation and Production Act 9. Nondiscrimination Requirements 10. Drug-Free Workplace Requirements 11. Lobbying Restriction Requirements 12. Federal Environmental Requirements 13. American-Made Equipment and Products ]Debarment/Susl2ension and Lobbi Restrictions Bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a Federal Department of Commerce official) are subject to subpart C of 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)." Buy America To the greatest extent practicable, recipients are encouraged to purchase American-made equipment and products for this project. Lobbying Restrictions Bidders for a lower tier covered transaction for subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to 15 CFR part 28, "New Restrictions on Lobbying." Bidders should familiarize themselves with these provisions, including the certification requirements. Therefore, applications for a lower tier covered transaction must include Form CD-512, "Certification Regarding Lobbying—Lower Tier Covered Transactions," completed without modification. System for Award Management (SAMJ 2311 Page As this project contains federal grant funds, all prospective bidders must be registered in the SAM database prior to award of the contract. No bidder either unregistered through the SAM database or any that are on the debarred list shall be considered for contract award. 232 1 Page U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION } EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are intended for use by recipients receiving federal assistance from the U. S. Department of Commerce -Economic Development Administration(EDA). They contain provisions specific to EDA and other federal provisions not normally found in non-federal contract documents. The requirements contained herein must be incorporated into all construction contracts and subcontracts funded wholly or in part with federal assistance from EDA. Economic Development Administration Contracting Provisions for Construction Projects TABLE OF CONTENTS 1. Definitions 2. Applicability 3. Federally Required Contract Provisions 4. Required Provisions Deemed Inserted 5. Inspection by EDA Representatives 6. Examination and Retention of Contractor's Records 7. Construction Schedule and Periodic Estimates 8. Contractor's Title to Material 9. Inspection and Testing of Materials 10. "OR EQUAL"Clause 11. Patent Fees and Royalties 12. Claims for Extra Costs 13. Contractor's and Subcontractor's Insurance 14. Contract Security Bonds 15. Labor Standards-Davis-Bacon and Related Acts 16. Labor Standards-Contract Work Hours and Safety Standards Act 17. Equal Employment Opportunity 18. Contracting with Small,Minority and Women's Businesses 19. Health,Safety and Accident Prevention 20. Conflict of Interest and Other Prohibited Interests 21. New Restrictions on Lobbying . 22. Historical and Archaeological Data Preservation 23. Clean Air and Water 24. Use of Lead-Based Paints on Residential Structures 25. Energy Efficiency 26. Environmental Requirements 27. Debarment,Suspension,Ineligibility and Voluntary Exclusions 28. EDA Project Sign 29. Buy America Economic Development Administration Contracting Provisions for Construction Projects 1. DEFINITIONS Agreement—The written instrument that is evidence of the agreement between the Owner and the Contractor overseeing the Work. Architect/Engineer-The person or other entity engaged by the Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract. Contract—The entire and integrated written agreement between the Owner and the Contractor concerning the Work. The Contract supersedes prior negotiations,representations, or agreements,whether written or oral. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Contractor—The individual or entity with whom the Owner has entered into the Agreement. Drawings or Plans—That part of the Contract Documents prepared or approved by the Architect/Engineer that graphically shows the scope, extent, and character of the Work to be performed by the Contractor. EDA -The United States of America acting through the Economic Development Administration of the U.S. Department of Commerce or any other person designated to act on its behalf. EDA has agreed to provide financial assistance to the Owner,which includes assistance in financing the Work to be performed under this Contract. Notwithstanding EDA's role, nothing in this Contract shall be construed to create any contractual relationship between the Contractor and EDA. Owner—The individual or entity with whom the Contractor has entered into the Agreement and for whom the Work is to be performed. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. Recipient—A non-Federal entity receiving a Federal financial assistance award directly from EDA to carry out an activity under an EDA program,including any EDA-approved successor to the entity. Specifications—That part of the.Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Subcontractor—An individual or entity having direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. Economic Development Administration Contracting Provisions for Construction Projects Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 2. APPLICABILITY The Project to which the construction work covered by this Contract pertains is being assisted by the United States of America through federal assistance provided by the U.S. Department of Commerce -Economic Development Administration(EDA). Neither EDA, nor any of its departments, entities, or employees is a party to this Contract. The following EDA Contracting Provisions are included in this Contract and all subcontracts or related instruments pursuant to the provisions applicable to such federal assistance from EDA. 3. FEDERALLY REQUIRED CONTRACT PROVISIONS (a) All contracts in excess of the simplified acquisition threshold- currently fixed at$150,000 (see 41 U.S.C. §§ 134 and 1908)must address administrative,contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (b) All contracts in excess of$10,000 must address termination for cause and for convenience by the Recipient including the manner by which it will be effected and the basis for settlement. (c) All construction contracts awarded in excess of$10,000 by recipients of federal assistance and their contractors or subcontractors shall contain a provision requiring compliance with Executive Order 11246 of September 24, 1965,Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and Department of Labor implementing regulations at 41 C.F.R. part 60. (d) All prime construction contracts in excess of$2,000 awarded by Recipients must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3148)as supplemented by Department of Labor regulations at 29 C.F.R. part 5. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act-(18 U.S.C. § 874 and 40 U.S.C. § 3145)as supplemented by Department of Labor regulations at 29 C.F.R.part 3. (e) All contracts awarded by the Recipient in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704 (the Contract Work Hours and Safety Standards Act) as supplemented by Department of Labor regulations at 29 C.F.R. part 5. (f) All contracts must include EDA requirements and regulations that involve a requirement on the contractor or sub-contractor to report information to EDA,the Recipient or any other federal agency. Economic Development Administration Contracting Provisions for Construction Projects (g) All contracts must include EDA requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (h) All contracts must include EDA requirements and regulations pertaining to copyrights and rights in data. (i) All contracts and subgrants in excess of$150,000 must contain a provision that requires compliance with all applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act(Clean Water Act) (33 U.S.C. § 1251 et seq.), and Executive Order 11738,Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans. 0) Contracts must contain mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.§ 6201). (k) Contracts must contain a provision ensuring that contracts are not to be made to parties on the government wide Excluded Parties List System in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R.part 180. (1) Contracts must contain a provision ensure compliance with the Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352)under which contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (m) If the Recipient is a state agency or agency of a political subdivision of a state, any contract awarded must contain a provision ensuring compliance with section 6002 of the Solid Waste Disposal Act(42 U.S.C. § 6962), as amended by the Resource Conservation and Recovery Act related to the procurement of recovered materials. 4. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted,then upon the application of either party the contract shall forthwith be physically amended to make such insertion of correction. Economic Development Administration Contracting Provisions for Construction Projects 5. INSPECTION BY EDA REPRESENTATIVES The authorized representatives and agents of EDA shall be permitted to inspect all work, materials,payrolls,personnel records, invoices of materials, and other relevant data and records. 6. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS (a) The Owner,EDA, or the Comptroller General of the United States, or any of their duly authorized representatives shall, generally until three years after final payment under this contract,have access to and the right to examine any of the Contractor's directly pertinent books, documents,papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts,and transcriptions. (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract,"as used in this clause, excludes purchase orders that do not exceed$10,000. (c) The periods of access and examination in paragraphs (a)and(b)above for records relating to (1) appeals under the disputes clause of this contract, (2)litigation or settlement of claims arising from the performance of this contract,or(3) costs and expenses of this contract to which the Owner,EDA,or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 7. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due to the Contractor in accordance with the progress schedule. The Contractor also shall furnish the Owner(a)a detailed estimate giving a complete breakdown of the contract price and(b)periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only to determine the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 8. CONTRACTOR'S TITLE TO MATERIAL No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants and guarantees that he/she has good title to all work, materials, and equipment used by him/her in the Work, free and clear of all liens, claims,or encumbrances. Economic Development Administration Contracting Provisions for Construction Projects 9. INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the completion of the Work shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. Materials of construction,particularly those upon which the strength and durability of any structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for intended uses. 10. "OR EQUAL" CLAUSE Whenever a material, article, or piece of equipment is identified in the Contract Documents by reference to manufacturers' or vendors' names,trade names, catalogue numbers, etc., it is intended merely to establish a standard. Any material, article, or equipment of other manufacturers and vendors that will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. However, such substitution material, article, or equipment shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. 11. PATENT FEES AND ROYALTIES (a) Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process,product, or device that is the subject of patent rights or copyrights held by others. If a particular invention, design,process,product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Architect/Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner in the Contract Documents. (b) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer, and the officers, directors,partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 12. CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order from the Architect/Engineer approved by the Owner. Economic Development Administration Contracting Provisions for Construction Projects 13. CONTRACTORS AND SUBCONTRACTORS INSURANCE (a) The Contractor shall not commence work under this Contract until the Contractor has obtained all insurance reasonably required by the Owner,nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved. (b) Types of insurance normally required are: (1) Workmen's Compensation (2) Contractor's Public Liability and Property Damage (3) Contractor's Vehicle Liability (4) Subcontractors'Public Liability,Property Damage and Vehicle Liability (5) Builder's Risk(Fire and Extended Coverage) (c) Scope of Insurance and Special Hazards: The insurance obtained,which is described above, shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims that may arise from operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by him/her and also against any of the special hazards that may be encountered in the performance of this Contract. (d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of applicable insurance policies. 14. CONTRACT SECURITY BONDS (a) If the amount of this Contract exceeds $150,000,the Contractor shall furnish a performance bond in an amount at least equal to one hundred percent(100%)of the Contract price as security for the faithful performance of this Contract and also a payment bond in an amount equal to one hundred percent(100%) of the Contract price or in a penal sum not less than that prescribed by State, Territorial, or local law, as security for the payment of all persons performing labor on the Work under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. Before final acceptance,each bond must be approved by EDA. If the amount of this Contract does not exceed$150,000,the Owner shall specify the amount of the payment and performance bonds. (b) All bonds shall be in the form prescribed by the Contract Documents except as otherwise provided in applicable laws or regulations, and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570 (amended)by the Financial Management Service, Surety Bond Branch,U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's Economic Development Administration Contracting Provisions for Construction Projects authority to act. Surety companies executing the bonds must also be authorized to transact business in the state where the Work is located. 15. LABOR STANDARDS -DAVIS-BACON AND RELATED ACTS (as required by section 602 of PWEDA) (a) Minimum Wage (1)All laborers and mechanics employed or working upon the site of the Work in the construction or development of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act at 29 C.F.R. part 3,the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor,which is attached hereto and made a part hereof,regardless of any contractual relationship that may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. § 5.5(a)(1)(iv); also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans, funds, or programs,which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the. rate specified for each classification for the time actually worked therein,provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates determined under 29 C.F.R. § 5.5(a)(1)(ii) and the Davis- Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (i) Any class of laborers or mechanics to be employed under the Contract,but not listed in the wage determination, shall be classified in conformance with the wage determination. EDA shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A)The work to be performed by the classification requested is not performed by a classification in the wage determination; (B)The classification is utilized in the area by the construction industry; and (C)The proposed wage rate, including any bona fide fringe benefits,bears a Economic Development Administration Contracting Provisions for Construction Projects reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and EDA or its designee agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EDA or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.Department of Labor,Washington,D.C. 20210. (iii) In the event the Contractor,the laborers or mechanics to be employed in the classification or their representatives,and EDA or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),EDA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EDA or its designee, to the Administrator for determination. (iv) The wage rate (including fringe benefits where appropriate)determined pursuant to paragraphs (a)(2)(ii) or(iii) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (3)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided, that the Secretary of Labor has found,upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (b) Withholdin; EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper employed or working on the site of the Work in the construction or development of the Project, all'or part of the wages required by the Contract, EDA or its designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations Economic Development Administration Contracting Provisions for Construction Projects have ceased. EDA or its designee may, after written notice to the Contractor,disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. (c) Payrolls and basic records (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work in the construction or development of the Project. Such records shall contain the name, address, and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. § 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B)of the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,the plan or program is financially responsible, and the plan or program has been communicated in writing to the laborers or mechanics affected, and provide records that show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (2) (i)For each week in which Contract work is performed,the Contractor shall submit a copy of all payrolls to the Owner for transmission to EDA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 C.F.R.part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose. It may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,Washington, D.C. 20402; or downloaded from the U.S. Department of Labor's website at hLs://www.dol.;�ov/whd/forms/wh347.E�df. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors (ii) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under 29 C.F.R. § 5.5(a)(3)(i) and that such information is correct and complete; Economic Development Administration Contracting Provisions for Construction Projects (B) That each laborer or mechanic(including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 C.F.R.part 3; and (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph 15(c)(2)(ii) of this section. (iv)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 3729 of Title 31 of the U.S. Code. (3) The Contractor or subcontractor shall make the records required under paragraph 15(c)(1)of this section available for inspection, copying, or transcription by authorized representatives of EDA or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, EDA or its designee may, after written notice to the Contractor or Owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 C.F.R. § 5.12. (d) Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,Employment and Training Administration, Bureau of Apprenticeship and Training(Bureau), or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any Economic Development Administration Contracting Provisions for Construction Projects apprentice performing work.on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 C.F.R. § 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program that has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Economic Development Administration Contracting Provisions for Construction Projects requirements of Executive Order 11246,Equal Employment Opportunity, as amended, and 29 C.F.R. part 30. (e) Compliance with Copeland Anti-Kickback Act Requirements. The Contractor shall comply with the Copeland Anti-Kickback Act(18 U.S.C. § 874 and 40 U.S.C. § 3145)as supplemented by Department of Labor regulations (29 C.F.R.part 3, "Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States"). The Act provides that the Contractor and any subcontractors shall be prohibited from inducing,by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which they are otherwise entitled. The Owner shall report all suspected or reported violations to EDA. (f) Subcontracts. The Contractor and any subcontractors will insert in any subcontracts the clauses contained in 29 C.F.R. §§ 5.5(a)(1)through(10) and such other clauses as EDA or its designee may require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 C.F.R. § 5.5. (g) Contract termination; debarment. The breach of the contract clauses in 29 C.F.R. § 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 C.F.R. § 5.12. (h)Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are herein incorporated by reference in this contract. (i) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 C.F.R. parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and EDA or its designee,the U.S. Department of Labor,or the employees or their representatives. (j) Certification of Eli,=ibilit%. (1)By entering into this Contract,the Contractor certifies that neither it nor any person or firm that has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 C.F.R. § 5.12(a)(1). (2)No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 C.F.R. § 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. § 1001. Economic Development Administration Contracting Provisions for Construction Projects 16. LABOR STANDARDS- CONTRACT WORK HOURS AND SAFETY STANDARDS ACT As used in this paragraph,the terms"laborers"and"mechanics" include watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work,which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which that person is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (b) Violation; liability for unpaid wages,liquidated damages. In the event of any violation of the clause set forth in paragraph(a)of this section,the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(a)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(a) of this section. (c) Withholding for unpaid wages and liquidated damages. EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such Contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b)of this section. (d) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a)through(c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(a)through(c) of this section. 17. EQUAL EMPLOYMENT OPPORTUNITY (a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60,which is paid for in whole or in part with funds obtained from EDA,the following equal opportunity clause: During the performance of this contract,the Contractor agrees as follows: Economic Development Administration Contracting Provisions for Construction Projects (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,but not be limited to the following: Employment,upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places available,to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing, or action, including an investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. - (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules,regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books,records, and accounts by EDA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of Economic Development Administration Contracting Provisions for Construction Projects this Contract or with any of the said rules,regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph 17(a)(1) and the provisions of paragraphs 17(a)(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided, however,that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by EDA or the Secretary of Labor,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (9) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally- assisted construction work. Provided,however, that if the Recipient so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract. (10)The Recipient agrees that it will assist and cooperate actively with EDA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor,that it will furnish EDA and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist EDA in the discharge of the EDA's primary responsibility for securing compliance. (11) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by EDA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition,the Recipient agrees that if it fails or refuses to comply with these undertakings, EDA may take any or all of the following actions: Cancel,terminate, or suspend in whole or in part this EDA financial assistance;refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case Economic Development Administration Contracting Provisions for Construction Projects to the Department of Justice for appropriate legal proceedings. (b) Exemptions to Above Equal Opportunity Clause(41 C.F.R. chapter 60): (1)Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading, and other than contracts and subcontracts with depositories of Federal funds in any amount and with financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes) are exempt. The amount of the Contract,rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt. 18. CONTRACTIDJG WITH SMALL MINORITY AND WOMEN'S BUSINESSES (a) If the Contractor intends to let any subcontracts for a portion of the work,the Contractor shall take affirmative steps to assure that small,minority and women's businesses are used when possible as sources of supplies, equipment,construction, and services. (b) Affirmative steps shall consist of: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Ensuring that small and minority businesses and women's business enterprises are ,solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (4) Establishing delivery schedules, where the requirements of the contract permit,which encourage participation by small and minority businesses and women's business enterprises; (5) Using the services and assistance of the U.S. Small Business Administration,the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies; (6) Requiring each party to a subcontract to take the affirmative steps of this section; and Economic Development Administration Contracting Provisions for Construction Projects (7) The Contractor is encouraged to procure goods and services from labor surplus area firms. 19. HEALTH. SAFETY,AND ACCIDENT PREVENTION (a) In performing this contract,the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous, or dangerous to their health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; (2) Protect the lives,health, and safety of other persons; (3) Prevent damage to property,materials, supplies, and equipment; and (4) Avoid work interruptions. (b) For these purposes,the Contractor shall. (1) Comply with regulations and standards issued by the Secretary of Labor at 29 C.F.R. part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 —3708); and (2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this Contract resulting in death,traumatic injury,occupational disease, or damage to property,materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 C.F.R.part 1904. (d) The Owner shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice,when delivered to the Contractor or the Contractor's representative at the site of the Work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice,the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly,the Owner may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as EDA, or the Secretary of Labor shall direct as a means of enforcing such provisions. Economic Development Administration Contracting Provisions for Construction Projects 20. CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS (a) No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate,make,accept, or approve, or to take part in negotiating,making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part hereof. (b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. (c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the Contract Documents has a corporate or financial affiliation with the supplier or manufacturer. (d) The Owner's officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest,real or apparent,may be involved. Such a conflict may arise when: (i)the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or(iv) an organization that employs, or is about to employ, any of the above,has a financial interest in the Contractor. The Owner's officers, employees, or agents shall neither solicit nor accept gratuities,favors,or anything of monetary value from the Contractor or subcontractors. (e) If the Owner finds after a notice and hearing that the Contractor,or any of the Contractor's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise)to any.official, employee, or agent of the Owner or EDA in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract,the Owner may,by written notice to the Contractor, terminate this Contract. The Owner may also pursue other rights and remedies that the law or this Contract provides. However,the existence of the facts on which the Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. (f) In the event this Contract is terminated as provided in paragraph(e) of this section,the Owner may pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor. As a penalty, in addition to any other damages to which it may be entitled by law,the Owner may pursue.exemplary damages in an amount(as determined by the Owner)which shall not be less than three nor more than ten times the costs the Contractor incurs in providing any such gratuities to any such officer or employee. Economic Development Administration Contracting Provisions for Construction Projects 21. RESTRICTIONS ON LOBBYING (a) This Contract, or subcontract is subject to 31 U.S.C. § 1352,regarding lobbying restrictions. The section is explained in the common rule, 15 C.F.R. part 28 (55 FR 6736-6748,February 26, 1990). Each bidder under this Contract or subcontract is generally prohibited from using federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this EDA Award. (b) Contract Clause Threshold: This Contract Clause regarding lobbying must be included in each bid for a contract or subcontract exceeding$100,000 of federal funds at any tier under the EDA Award. (c) Certification and Disclosure: Each bidder of a contract or subcontract exceeding $100,000 of federal funds at any tier under the federal Award must file Form CD-512, Certification Regarding Lobbying—Lower Tier Covered Transactions, and, if applicable, Standard Form- LLL,Disclosure of Lobbying Activities,regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the Contractor or subcontractor at the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA. (d) Continuing Disclosure Requirement: Each Contractor or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the EDA Award,who shall forward all disclosure forms to EDA. (e) Indian Tribes, Tribal Organizations, or Other Indian Organizations: Indian tribes, tribal organizations,or any other Indian organizations, including Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements,but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other federal law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide EDA with the citation of the provision or provisions of federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the prohibitions in and to the Certification and Disclosure requirements of 31 U.S.C. § 1352,preferably through an attorney's opinion. Note, also,that a non-Indian subrecipient, contractor, or subcontractor under an award to an Indian tribe, for example, is subject to the restrictions and reporting requirements. 22. HISTORICAL AND ARCHAEOLOGICAL.DATA PRESERVATION The Contractor agrees to facilitate the preservation and enhancement of structures and objects of historical, architectural or archaeological significance and when.such items are found and/or unearthed during the course of project construction. Any excavation by the Contractor that uncovers an historical or archaeological artifact shall be immediately reported to the Owner and a representative of EDA. Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the State Historic Economic Development Administration Contracting Provisions for Construction Projects Preservation Officer(SHPO) for recovery of the items. See the National Historic Preservation Act of 1966 (54 U.S.C. § 300101 et seq., formerly at 16 U.S.C. § 470 et seq.)and Executive Order No. 11593 of May 31, 1971. 23. CLEAN AIR AND WATER Applicable to Contracts in Excess of$150,000 (a) Definition. "Facility"means any building,plant, installation, structure,mine, vessel, or other floating craft, location, or site of operations,owned, leased, or supervised by the Contractor or any subcontractor,used in the performance of the Contract or any subcontract. When a location or site of operations includes more than one building,plant,installation, or structure,the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency(EPA) determines that independent facilities are collocated in one geographical area. (b) In compliance with regulations issued by the EPA, 2 C.F.R. part 1532,pursuant to the Clean Air Act, as amended(42 U.S.C. § 7401 et seq.); the Federal Water Pollution Control Act,as amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738,the Contractor agrees to: (1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the Excluded Parties List System,part of the System for Award Management (SAM),pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on the list; (2)Promptly notify the Owner if a facility the Contractor intends to use in the performance of this contract is on the Excluded Parties List System or the Contractor knows that it has been recommended to be placed on the List; (3)Comply with all requirements of the Clean Air Act and the Federal Water Pollution Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all applicable clean air and clean water standards; and (4) Include or cause to be included the provisions of this clause in every subcontract and take such action as EDA may direct as a means of enforcing such provisions. 24. USE OF LEAD-BASED PAINTS ON RF.SID .N TAL STRUCTURES (a) If the work under this Contract involves construction or rehabilitation of residential structures over$5,000,the Contractor shall comply with the Lead-based Paint Poisoning Prevention Act (42 U.S.C. § 4831). The Contractor shall assure that paint or other surface coatings used in a residential property does not contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight or 5,000 parts per million(ppm)by weight. For purposes of this section, "residential property"means a dwelling unit, common areas,building exterior surfaces, and any surrounding land, including outbuildings, fences and play equipment affixed to the land,belonging to an owner and available for use by residents,but not Economic Development Administration Contracting Provisions for Construction Projects including land used for agricultural, commercial, industrial or other non-residential purposes, and not including paint on the pavement of parking lots, garages, or roadways. (b) As a condition to receiving assistance under PWEDA,recipients shall assure that the restriction against the use of lead-based paint is included in all contracts and subcontracts involving the use of federal funds. 25. ENERGY EFFICIENCY The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201) for the State in which the Work under the Contract is performed. 26. ENVIRONMENTAL REQUIREMENTS When constructing a Project involving trenching and/or other related earth excavations,the Contractor shall comply with the following environmental constraints: (1) Wetlands. When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert wetlands. (2) Floodplains. When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert 100 year floodplain areas delineated on the latest Federal Emergency Management Agency (FEMA) Floodplain Maps, or other appropriate maps,i.e., alluvial soils on Natural Resource Conservation Service(MRCS) Soil Survey Maps. (3) Endangered Species. The Contractor shall comply with the Endangered Species Act,which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of the Contractor, the Contractor will immediately report this evidence to the Owner and a representative of EDA. Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the U.S. Fish and Wildlife Service. 27. DEBARMENT, SUSPENSION.INEL.IGIBIL.ITY,AND VOLUNTARY EXCLUSIONS As required by Executive Orders 12549 and 12689,Debarment and Suspension, 2 C.F.R. Part 180 and implemented by the Department of Commerce at 2 C.F.R. part 1326, for prospective participants in lower tier covered transactions(except subcontracts for goods or services under the $25,000 small purchase threshold unless the subrecipient will have a critical influence on or substantive control over the award),the Contractor agrees that: (1) By entering into this Contract,the Contractor and subcontractors certify,that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared Economic Development Administration Contracting Provisions for Construction Projects ineligible, or voluntarily excluded from participation in this Contract by any federal department or agency. (2) Where the Contractor or subcontractors are unable to certify to any of the statements in this certification,the Contractor or subcontractors shall attach an explanation to this bid. See also 2 C.F.R. part 180 and 2 C.F.R. § 200.342. 28. FDA PROJECT SIGN The Contractor shall supply, erect,and maintain in good condition a Project sign according to the specifications provided by EDA. To the extent practical, the sign should be a free standing sign. Project signs shall not be located on public highway rights-of-way. Location and height of signs will be coordinated with the local agency responsible for highway or street safety in the Project area, if any possibility exists for obstructing vehicular traffic line of sight. Whenever the EDA site sign specifications conflict with State law or local ordinances, the EDA Regional Director will permit such conflicting specifications to be modified so as to comply with State law or local ordinance. 29. BUY AMERICA To the greatest extent practicable,recipients are encouraged to purchase American-made equipment and products with funding provided under EDA financial assistance awards. Economic Development Administration Contracting Provisions for Construction Projects ATTACHMENT N-EDA NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT Notice of Reo uirement for Affirmative Action to Ensure Equal Employment Opp ortuni Executive Order 11246 and 41 CFR Part 60-4) Proposer's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications"set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for minority participation Goals for female participation Time-Tables for each trade for each trade Upon Completion 0 of the Work 4.5 o�o G.9�o These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area,it shall apply the goals established for such geographical area where the work is actually performed.With regard to this second area,the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the subcontract is to be performed. As used in this Notice,and in the contract resulting from this solicitation,the "covered area" is: State: Oregon County: Washington City: Tigard 257 1 Page ATTACHMENT O-LOBBY RESTRICTION FORM(FORM CD-512) CITY OF DGARD SW WALL STREET IMPROVEMENT PROJECT 258 Page I FORM CD-512 U.S.DEPARTMENT OF COMMERCE (REV 12-04) CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING Statement for Loan Guarantees and Loan Insurance As required by Section 1352, Title 31 of the U.S. Code, and The undersigned states, to the best of his or her knowledge implemented at 15 CFR Part 28, for persons entering into a grant, and belief, that: cooperative agreement or contract over$100,000 or a loan or loan guarantee over$150,000 as defined at 15 CFR Part 28, Sections In any funds have been paid or will be paid to any person for 28.105 and 28.110,the applicant certifies that to the best of his or her influencing or attempting to influence an officer or employee knowledge and belief,that of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in (1) No Federal appropriated funds have been paid or will be paid, connection with this commitment providing for the United by or on behalf of the undersigned,to any person for influencing or States to insure or guarantee a loan, the undersigned shall attempting to influence an officer or employee of any agency, a complete and submit Standard Form-LLL, "Disclosure Form Member of Congress in connection with the awarding of any to Report Lobbying," in accordance with its instructions. Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, Submission of this statement is a prerequisite for making or and the extension, continuation, renewal, amendment, or entering into this transaction imposed by section 1352, title modification of any Federal contract, grant, loan, or cooperative 31, U.S.Code. Any person who fails to file the required state- agreement ment shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure occurring (2) If any funds other than Federal appropriated funds have been on or before October 23, 1996, and of not less than$11,000 paid or will be paid to any person for influencing or attempting to and not more than $110,000 for each such failure occurring influence an officer or employee of any agency, a Member of after October 23, 1996. Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than$110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAMES OF APPLICANT /'� AWARD NUMBER AND/OR PROJECT NAME (.>(J�UiYI�/Q �a,C I T l C (.�J GI �h e 07-01-07.346 PRIN ED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE 1 SIGNATURE q DATE f' ATTACHMENT P—CONTAMINATED SOIL TESTING RESULTS CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 260 ( Page 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax Monday, July 10, 2017 Gene Tupper GRI 9750 SW Nimbus Ave. Beaverton, OR 97008 RE: SW Wall Street/5988 Enclosed are the results of analyses for work order A7FO790,which was received by the laboratory on 6/28/2017 at 2:13:OOPM. Thank you for using Apex Labs. We appreciate your business and strive to provide the highest quality services to the environmental industry. If you have any questions concerning this report or the services we offer, please feel free to contact me by email at: dthomas(cDapex-labs.com, or by phone at 503-718-2323. DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,QC validation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 1 of 13 Apex Labs 12232 S.W.Garden Place Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 ANALYTICAL REPORT FOR SAMPLES SAMPLE INFORMATION Sample ID Laboratory ID Matrix Date Sampled Date Received 5988 B-3,S-3,7.5 ft A7170790-01 Soil 06/12/17 09:18 06/28/17 14:13 DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation orftnal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 2 of 13 Apex Labs 12232 S.W.Garden Place Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 ANALYTICAL SAMPLE RESULTS Hydrocarbon Identification Screen by NWTPH-HCID Reporting Analyte Result MDL Limit Units Dilution Date Analyzed Method Notes 5988 B-3,S-3,7.5 ft (A7F0790-01) Matrix: Soil Batch:7061109 H-06 Gasoline Range Organics DET --- 242 mg/kg dry 1 07/01/17 05:32 NWTPH-HCID Diesel Range Organics ND --- 60.5 " Oil Range Organics ND -- 121 Surrogate:o-Terphenyl(Surr) Recovery:101% Limits: 50-150% " d-Bromojluorobenzene(Surr) 100% Limits: 50-150% " DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 3 of 13 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 ANALYTICAL SAMPLE RESULTS Gasoline Range Hydrocarbons(Benzene through Naphthalene)by NWTPH-Gx Reporting Analyte Result MDL Limit Units Dilution Date Analyzed Method Notes 5988 B-3,S-3,7.5 ft (A7F0790-01 REI) Matrix: Soil Batch:7070292 H-01,V-16 Gasoline Range Organics 231 --- 15.8 mg/kg dry 100 07/06/17 12:43 NWTPH-Gx(MS) Surrogate:4-Bromofluorobenzene(Sur) Recovery:105% Limits: 50-150% 1 " 1,4-Dii luorobenzene(Sur) 98% Limits: 50-150% " DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 4 of 13 Apex Labs 12232 S.W.Garden Place Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 ANALYTICAL SAMPLE RESULTS Percent Dry Weight Reporting Analyte Result MDL Limit Units Dilution Date Analyzed Method Notes 8988 6-3,S-3,7.5 ft (A7F0790-01) Matrix: Soil Batch:7061068 %Solids 76.4 --- 1.00 %by Weight 1 06/30/17 07:40 EPA 8000C DRAFT REPORT The results provided in this report are PRELIMINARY and ore subject to change based on subsequent analysis,QCvalidation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 5 of 13 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 QUALITY CONTROL(QC)SAMPLE RESULTS Hydrocarbon Identification Screen by NWTPH-HCID Reporting Spike Source %REC RPD Analyte Result MDL Limit Units Dil. Amount Result °/.REC Limits RPD Limit Notes Batch 7061109-NWTPH-HCID Soil Soil Blank(7061109-BLKI) Prepared:06/30/17 13:51 Analyzed:07/01/17 05:09 NWTPH-HCID Gasoline Range Organics ND --- 18.2 mg/kg wet 1 --- --- --- --- --- --- Diesel Range Organics ND --- 45.5 " Oil Range Organics ND --- 90.9 -- Surr.' o-Terphenyl(Surr) Recovery: 99% Limits: 50-150% Dilution: Ix 4-Bromofluorobenzene(Surr) 99% 50-150% " Duplicate(7061109-DUPI) Prepared:06/30/1713:51 Analyzed:07/01/1705:55 H-06 QC Source Sample: 5988 B-3,S-3,7.5 ft(A7F0790-01) NWTPH-HCID Gasoline Range Organics DET --- 24.1 mg/kg dry 1 --- ND --- --- --- 30% Diesel Range Organics ND --- 60.2 --- ND --- --- --- 30% Oil Range Organics ND --- 120 - ND --- --- 30% Surr: o-Terphenyl(Surr) Recovery: 84% Limits: 50-150% Dilution: Ix 4-BromoJluorobenzene(Surr) 87% 50-150?4 DRAFT REPORT The resu/is provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 6 of 13 Apex Labs 12232 S.W.Garden Place Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 QUALITY CONTROL(QC)SAMPLE RESULTS Gasoline Range Hydrocarbons(Benzene through Naphthalene)by NWTPH-Gx Reporting Spike Source %REC RPD Analyte Result MDL Limit Units Dil. Amount Result %REC Limits RPD Limit Notes Batch 7070265-EPA 5035A Soil Blank(7070265-BLKI) Prepared:07/05/17 10:00 Analyzed:07/05/17 12:27 NWTPH-Gx(MS) Gasoline Range Organics ND --- 3.33 mg/kg wet 50 --- --- --- --- Surra 4-Bromofluorobenzene(Sur) Recovery: 99% Limits: 50-150% Dilution: Ix 1,4-Diuorobenzene(Sur) 91% 50-150010 ° LCS(7070265-BS2) Prepared:07/05/17 10:00 Analyzed:07/05/17 12:00 NWTPH-Gx(MS) Gasoline Range Organics 25.0 --- 5.00 mg/kg wet 50 25.0 --- 100 70-130% --- --- Surra 4-Bromofluorobenzene(Sur) Recovery: 98% Limits: 50-150% Dilution: Ix 1,4-Diuorobenzene(Sur) 92% 50-150% " DRAFT REPORT The resuhs provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation or final data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 7 of 13 12232 S.W.Garden Place Apex Labs'' Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 QUALITY CONTROL(QC)SAMPLE RESULTS Gasoline Range Hydrocarbons(Benzene through Naphthalene)by NWTPH-Gx ' Reporting Spike Source %REC RPD Analyte Result MDL Limit Units Dil. Amount Result °/uREC Limits RPD Limit Notes Batch 7070292-EPA 5035A Soil Blank(7070292-BLK1) Prepared:07/06/17 09:00 Analyzed:07/06/17 11:21 NWTPH-Gx(MS) Gasoline Range Organics ND --- 3.33 mg/kg wet 50 --- --- --- --- -- Surra 4-Bromofluorobenzene(Sur) Recovery: 101% Limits. 50-150% Dilution: Ix 1,4-Diuorobenzene(Sur) 90% 50-150% 11 LCS(7070292-BS2) Prepared:07/06/17 09:00 Analyzed:07/06/17 10:54 NWTPH-Gx(MS) Gasoline Range Organics 24.9 --- 5.00 mg/kg wet 50 25.0 --- 100 70-130% — Surr: 4-Bromofluorobenzene(Sur) Recovery: 100% Limits: 50-150% Dilution: lx 1,4-Diuorobenzene(Sur) 93% 50-150% DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,QC validation or final data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 8 of 13 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 QUALITY CONTROL(QC)SAMPLE RESULTS Percent Dry Weight Reporting Spike Source %REC RPD Analyte Result MDL Limit Units Dil. Amount Result 0/.REC Limits RPD Limit Notes Batch 7061068-Total Solids(Dry Weightf Soil DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,QC'volidation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 9 of 13 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 SAMPLE PREPARATION INFORMATION Hydrocarbon Identification Screen by NWTPH-HCID Prep:NWTPH-HCID fSoili Sample Default RL Prep Lab Number Matrix Method Sampled Prepared Initial/Final Initial/Final Factor Batch: 7061109 A7FO790-01 Soil NWTPH-HCID 06/12/17 09:18 06/30/17 13:51 10.81g/IOmL lOg/IOmL 0.93 Gasoline Range Hydrocarbons(Benzene through Naphthalene)by NWTPH-Gx Prep: EPA 5035A Sample Default RL Prep Lab Number Matrix Method Sampled Prepared Initial/Final Initial/Final Factor Batch: 7070292 A7F0790-01RE1 Soil NWTPH-Gx(MS) 06/12/17 09:18 06/28/17 16:23 5.16g/5mL 5g/5mL 0.97 Percent Dry Weight Prep:Total Solids(Dry Weight) Sample Default RL Prep Lab Number Matrix Method Sampled Prepared Initial/Final Initial/Final Factor Batch: 7061068 A7F0790-01 Soil EPA 8000C 06/12/17 09:18 06/29/17 11:52 IN/A/1N/A 1N/A/1N/A. NA DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation arfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 10 of 13 Apex Labs 12232 S.W.Garden Place Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 Notes and Definitions ualifters: H-01 This sample was analyzed outside the recommended holding time. H-06 This sample was received,or the analysis requested,outside the recommended holding time. V-16 Sample aliquot was subsampled from the sample container in the laboratory.The subsampled aliquot was not preserved within 48 hours of sampling. Notes and Conventions: DET Analyte DETECTED ND Analyte NOT DETECTED at or above the reporting limit NR Not Reported dry Sample results reported on a dry weight basis. Results listed as'wef or without'dry'designation are not dry weight corrected. RPD Relative Percent Difference MDL If MDL is not listed,data has been evaluated to the Method Reporting Limit only. "SC Water Miscible Solvent Correction has been applied to Results and MRLs for volatiles soil samples per EPA 8000C. Batch Unless specifically requested,this report contains only results for Batch QC derived from client samples included in this report. All QC analyses were performed with the appropriate Batch QC(including Sample Duplicates,Matrix Spikes and/or Matrix Spike Duplicates)in order to meet or exceed method and regulatory requirements.Any exceptions to this will be qualified in this report.Complete Batch QC results are available upon request. In cases where there is insufficient sample provided for Sample Duplicates and/or Matrix Spikes,a Lab Control Sample Duplicate(LCS Dup)is analyzed to demonstrate accuracy and precision of the extraction and analysis. Blank Apex assesses blank data for potential high bias down to a level equal to''/z the method reporting limit(MRL),except for conventional Policy chemistry and HCID analyses which are assessed only to the MRL.Sample results flagged with a B or B-02 qualifier are potentially biased high if they are less than ten times the level found in the blank for inorganic analyses or less than five times the level found in the blank for organic analyses. For accurate comparison of volatile results to the level found in the blank;water sample results should be divided by the dilution factor, and soil sample results should be divided by 1/50 of the sample dilution to account for the sample prep factor. Results qualified as reported below the MRL may include a potential high bias if associated with a B or B-02 qualified blank.B and B-02 qualifications are not applied to J qualified results reported below the MRL. --- QC results are not applicable.For example,%Recoveries for Blanks and Duplicates,%RPD for Blanks,Blank Spikes and Matrix Spikes,etc. *** Used to indicate a possible discrepancy with the Sample and Sample Duplicate results when the%RPD is not available. In this case, either the Sample or the Sample Duplicate has a reportable result for this analyte,while the other is Non Detect(ND). DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,QC validation or final data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 11 of 13 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 0 1 � � ii ; IiI l I � z X C.J WWWODJO•ON L ^Z 3S V IN'OV4 & SOD"line Vfw 9-N1 MR x wl— xO-WIMN (10H-14d MR z 81 E sIRVY dIX tM 00*0 squ lyls we wre V 2M OLU")OAS 0709 54091018 1105 I P 00 i "I ; ' I �R i , ll E E o: '� o I L I I + � � i i l i E E LL-L] DRAFT REPORT The results provided in this report are PRELIMINARY and are,subject to change based on subsequent analysis,0C validation orfinal data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 12 of 13 12232 S.W.Garden Place Apex Labs Tigard,OR 97223 503-718-2323 Phone 503-718-0333 Fax GRI Project: SW Wall Street 9750 SW Nimbus Ave. Project Number: 5988 Reported: Beaverton,OR 97008 Project Manager: Gene Tupper 07/10/17 14:59 APEX LABS COOLER RECEIPT FOR Client: ',Element WON: A7 �r Delivery into: + '� Date/Time Received: By: Delivered bv:Apex_ tient ESS_Fedtx_UPS Swifl Senr _SDS Other_ Cooler Inspection Inspected : C _Y 1__ Chain of Custody Included? Yes No_ Custody .els? Yes No� Signed/Dated by Client? Yes41' No_ Signed/Dated by Apex? Yes No— Cooler Cooler#2 Cooler#3 Cooler#4 Cooler#5 Cooler 4 Cooler#7 Temperature(deg4 Received on lc Temp.Blanks?(Yet Ice Type:(Gelr) Condition: __ Cooler out of temp?(Y PIsible hy: If some coolers arc in t p and some out, n dot app) d o t mperatu n,pies? Yeah/N Samples Ipsnection: inspected by: I All Samples Intact? Yea No_ Comments.- Bottle ommentsBottle Lab[el's/COCs agree? Yes_No I Comments: ' C J 7ti6,r-1— Containers/Volumes Received Appropriate for Analysis?Yes;[ No_ Comments: Do VOA Vials have Visible Headspace? Yes_No_ NA JX Comments Water Samples:pH Checked and Appropriate(except VOAs):Yes_No NA, Comments: . Additfc,oi6i information. Labeled by: Witness: Cooler Inspected by: See Proiect Contact Form: Y �f DRAFT REPORT The results provided in this report are PRELIMINARY and are subject to change based on subsequent analysis,OC validation or final data review. Please use these results with the understanding that they may have not been finalized by the laboratory DRAFT REPORT,DATA SUBJECT TO CHANGE Page 13 of 13 ATTACHMENT Q-GEOTECHNICAL REPORT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 274 1 Page ATTACHMENT R-SERVICE PROVIDER LETTER CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 275 1 Page CleanWater Services Onr commitment is CWS File Number Service Provider Letter 17-002927 This form and the attached conditions will serve as your Service Provider Letter in accordance with Clean Water Services Design and Construction Standards (R&O 17-5). Jurisdiction: City of Tigard _ _ Review Type: Allowed Use Site Address SW Wall ST SPL Issue Date: October 04,2017 /Location: Ti�;ard,OR SPL Expiration Date: October 04,2019 Applicant Information: Owner Information: Name ANDREW NEWBURY Name Company CITY OF TIGARD Company CITY OF TIGARD 13125 SW HALL BLVD 13125 SW HALL BLVD Address Address TIGARD OR 97223 TIGARD OR 97223 Phone/Fax 503 718-2472 Phone/Fax [503x718-2472 E-mail: andrewn@tigard-or.qov E-mail: andrewn(tipard-or.Ljov Tax lot ID Development Activity N/A—Road ROW Wall Street Improvements Pre-Development Site Conditions: Post Development Site Conditions: Sensitive Area Present: X❑ On-Site � Off-Site Sensitive Area Present: X❑ On-Site � Off-Site Vegetated Corridor Width: Variable Vegetated Corridor Width: Variable Vegetated Corridor Condition: Degraded Enhancement of Remaining Vegetated Corridor Required: ❑ Square Footage to be enhanced: 0 Encroachments into Pre-Development Vegetated Corridor: Type and location of Encroachment: Square Footage: Stormwater Pipe(Permanent Impact;Mitigation Required) 128 Stormwater Outfall(Permanent Impact; No Mitigation Required) 80 Mitigation Requirements: Type/Location Sq. Ft./Ratio/Cost Off-site Enhancement as Mitigation 2S103CDO8600 reater than 0.25 mile from impact site) 320 X❑ Conditions Attached X❑ Development Figures Attached(6) ❑Planting Plan Attached ❑Geotech Report Required This Service Provider Letter does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. Page 1 of 8 CWS File Number 97-002927 In order to comply with Clean Water Services water quality protection requirements the project must comply with the following conditions: 1. No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the sensitive area or Vegetated Corridor which may negatively impact water quality, except those allowed in R&O 17-5, Chapter 3. 2. Prior to any site clearing, grading or construction the Vegetated Corridor and water quality sensitive areas shall be surveyed, staked, and temporarily fenced per approved plan. During construction the Vegetated Corridor shall remain fenced and undisturbed except as allowed by R&O 17-5, Section 3.06.1 and per approved plans. 3. If there is any activity within the sensitive area,the applicant shall gain authorization for the project from the Oregon Department of State Lands(DSL)and US Army Corps of Engineers(USACE). The applicant shall provide Clean Water Services or its designee (appropriate city)with copies of all DSL and USACE project authorization permits. 4. An approved Oregon Department of Forestry Notification is required for one or more trees harvested for sale, trade, or barter,on any non-federal lands within the State of Oregon. 5. Prior to ground disturbance and erosion control permit is required.Appropriate Best Management Practices (BMP's)for Erosion Control, in accordance with Clean Water Services'Erosion Prevention and Sediment Control Planning and Design Manual,shall be used prior to, during, and following earth disturbing activities. 6. Prior to construction, a Stormwater Connection Permit from Clean Water Services or its designee is required pursuant to Ordinance 27, Section 4.B. 7. Activities located within the 100-year floodplain shall comply with R&O 17-5, Section 5.10. 8. Removal of native,woody vegetation shall be limited to the greatest extent practicable. 9. The water quality swale and detention pond shall be planted with Clean Water Services approved native species, and designed to blend into the natural surroundings. 10. Should final development plans differ significantly from those submitted for review by Clean Water Services,the applicant shall provide updated drawings,and if necessary, obtain a revised Service Provider Letter. 11. The Vegetated Corridor width for sensitive areas within the project site shall be a minimum of 50 feet wide, as measured horizontally from the delineated boundary of the sensitive area. 12. Clean Water Services may require an easement over the Vegetated Corridor conveying storm and surface water management to Clean Water Services or the City that would prevent the owner of the Vegetated Corridor from activities and uses inconsistent with the purpose of the corridor and any easements therein. 13. Final construction plans shall clearly depict the location and dimensions of the sensitive area and the Vegetated Corridor(indicating good, marginal,or degraded condition). Sensitive area boundaries shall be marked in the field. This Service Provider Letter is not valid unless CWS-approved site plan is attached. Please call(503)681-3667 with any questions. L1/YV►�Vv'1 Stacy Benjamin Environmental Plan Review Attachments(6) Page 2 of 8 CWS File Number 17-002927 City of Tigard /♦ Potsco Dog Park r+ i + // / a is SWW41 IM FE" ♦ J Existing Park Fence J / ' Tax Lot 500 I J + \ '. / /' . % Existing Edge of Papernent ./ / 0 ,�ro Wetiand A ice_% e (5,795 sq ft/0.13 ac) HILO If 41 Mai IV APE It If If 41 ME- .SIS_(3 If PL f ,' AV , /j :: ,' ,� �i,' ,� LEGEND ,�/ _.. ,/,' ♦/ �/%!/ �//j /,,' JJI � Tax Lot Line i// 1 a / �// '/� \ r' lJ •• Construction Limits Wetland Limitsk. I Ir / // ��f�i !f d4/J� ♦�' I..u..r,..f/50 ft Vegetated Corridor Buffer ; .t ,, 411 1 M Vegeta on Sample Plot& Jr Photo Point /,,, J; Fi ure 2a - ExistingConditions City of Tigard `.! �,j,' Wall Street Improvements Project 1� I j'% /J.� M1436A A wM20n Page 3 of 8 CWS File Number 17-002927 1p 10 20 ....�•:.:.\ \ P�J e"� Ali Nf MET • < Wetland 8 I (3,173 sq ft/0.07 ac) z' Tax Lot 200 �`♦;,\``�\\;`�`\\ `,,ems � .',X55 � 4 \ `'♦♦`���``,\'�, j �� f� 15 151\ ` 0• \ `�'��'� •�~•,'J 151\\ ' S�"�'I� � \ �_'�-_� \ i Bottom of Ballast Rock ♦\\�\\ \\\ \� ,� 4+ ° Top of Ballast Rock *k,c ° Railroad Centerlines \ LEGEND Tax Lot Line \ LUProject Area Limits \ \ `• Wetland Llmks le�vJ d't M i a 50 ft Vegetated qorridor Buffor p Vegetatlon Sample Plot 8,Photo Point � v �\ Fi ure 2b - Exigtinq Conditions City of Tigard Wall Street Improvements Project ` MAMA 5°ptwbsr 1017 Page 4 of 8 CWS File Number 17-002927 j I { \ / '` •- 0 125 250 SOME w 1EEr is . r I V-15 WellandA �,Y"f'{ : i praAoyaly Ddlneatad I `' / - �'f Watiand•WD2011.0270 Clem WoUr SnPAC.a ' �P Wd■r LdW 154002430 I wellefde �• f Ar�:r � �, Pmvloudy oeuneated - \ wetland-wD2o15D331 Pnw1 Weter6r1S4 �ti1t1P� ' •,`�\ ��7'�„' # Providerl.etter 76-002930 LEGEND Tax Lot Line � r ---------- Project Area Limits — - — I �,, �Y�VIrL�tr�1!>r�a� lam✓\ �` • :` 4. Wetland Limits i A41��Y� ,' 3 p /� ---------- 50 ft Vegetated Corridor Buffer Figure 2c - Existing_Conditions City of Tigard Wall Street Improvements Project WE9436A Septembr2017 rage o of o CWS File Number 1 17-002927 t { 1 i City of Tigard Potsco Dog Park J < ( ! i � � / qF o is w 4'4110 Existiing Park Fence - + a� I / m �/ Tax Lot 500 Proposed Sidewalk] Proposed Edge of Pavement `.� i / �/ i i Proposed R-O-W Y_ ' moo, � �..as ,Y f 1 A. 10 - ' 1/J 1 lik Q5 :.:��:,//! _ ,, / i•: ���. ��{l�,� fid;,- i, l / /�/ `✓ �i� LEGEND 41 tax` Tax Lot Line Project Area Limits � , , l , •:. /,f. 1 � Wetland Links tt (Outside Project Area) t 50 ft Vegetated Corridor Buffer (Outside Project Area) { Figure 3a - Proposed Site Plan ' City of Tigard Wall Street Improvements Project S � ( , ,/ •�., WE:1�7eA S�pvmbn 2017 i I Page 6 of 8 CWS File Number 1 17-002927 i i I I y r i _ r i\.. r Y: \ ass \ \\ } �:. SAIF el FEET Tax Lot 200 \ ♦\„\`� ,` mak:�� `♦\,`�� � \ ,� I �\♦,`�,,`\�� ice•♦`♦ ` `\>>\ \ � \ � Proposed Ri Ila \ bks \♦,\��,\;�`;\ r�— �� 1 Stitt \ g. ♦ ♦\ , \ hh' 11 5 f -�`♦`,`\``,;♦ \♦�-. Proposed Storm 'A Pipe i�PipeOutfall ♦; `�.� ����/ �` Proposed Storm Manhole \ r v Bottom of Ballast Rock �` ♦; ��, ��,\\ Top of Ballast Rock `♦��`\` \,� ,� q Railroad Centerline �� ♦`,. LEGEND \ � ♦♦ , Proposed 18'Storrs Pipe � ��,` Tax Lot Line I ProJect Area Limits I Wetland Limits MEE:�. \ t■. nr.�rw. 50 ft Vegetated Corridor Buffer `` e 1>✓ r��Yr.� �r �V 17��� Ui j ;;., �Lj )�,/ -°_• Vegetated Corridor Encroachment (203 sf/O.V ac)' }}I \ St \\� Figure 3b - Proposed Site Plan : City of Tigard Wall Street Improvements Project \ W@7/364 Septanber201r Page 7 of 8 10 J V. w E ega� R'qA R I i p PQ �- 'O q m - Eb WB V i W W Y rVV i m T 1 F g lu E w w �. E E mm Ile,6 I! 10 G LK m C� W v 32 Zu' s C LLL; I � � N•� 'J b5� 2 91' 6 cc 44. to 41 C S S Z m z T�� y CU ATTACHMENT S-USACE PERMIT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 285 1 Page DEPARTMENT OF THE ARMY PERMIT Permittee: TC Tigard, LLC c/o Trammell Crow Company Permit No: NWP-2015-392 Issuing Office: U.S. Army Corps of Engineers NOTE: The term "you" and its derivatives as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Applicant will construct three light industrial buildings with associated infrastructure and utilities, required parking, and extended dry basins on 17.60 acres. Construction of the project will result in permanent impacts to Wetlands Al, A2, B, C, and a roadside ditch. Approximately 2,645 cubic yards of rock, sand, and gravel will be placed within 0.86 acres of Waters of the United States (WOUS) and approximately 5,773 cubic yards of native material will be removed from within 0.70 acre of WOUS. Wetlandl Total area Fill Fill area Removal Removal Material Waterbody (acres) volumes (acres) volumes area c c acres Wetland Al 1.25 1,723 0.69 1,242 0.56 Rock, sand, ravel Wetland A2 0.005 98 0.01 Native soil Wetland B 0.14 465 0.01 4.433 0.13 Wetland C 0.02 7 0.02 Roadside 0.14 450 0.14 Rock, sand, ditch Iravel Total Impacts I 1.56 acres 2,645cy 0.86 acres 5,773 c 0.7 acres • Wetland Al will have 1,242 cubic yards (cy) of fill and 1,723 cy of removal as a result of grading for the construction of Building A, Building B, associated parking, and stormwater treatment. • Wetland A2 will be completely impacted with 98 cy of removal for the grading and construction of extended dry basin. • Wetland B will be completely impacted with 4,433 cy of removal and 465 cy of fill to construct extended dry basin. • Wetlrind C will be completely impacted with 7 cy of fill as a result of site grading. • Roadside ditch will be completely filled with approximately 450 cy of rock, sand and gravel for grading the site. Purpose: To construct light industrial buildings. Corps No. NWP-2015-392 Page 1 of 6 Project Location: Affected waters are wetlands Al, A2, B, C, and an unnamed roadside ditch that is a tributary to Fanno Creek. The project is located at Wall Street Industrial Park, southeast corner of SW Wall Street at SW Hunziker Strpet, Tigard, Washington County, Oregon, Section 1, Township 2 South, Range 1 West. Drawings: (7 of drawings/maps)(Enclosure 1) General Conditions: 1. The time limit for completing the work authorized ends on August 3, 2021. If you find that you need more time to complete the authorized activity,,submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. Permittee must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition No. 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office,which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions(Enclosure 2). 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Permittee shall notify the Regulatory Branch with the start date when the activities authorized in waters of the U.S. are scheduled to begin. Notification shall be sent by email to cenwp.notify@usace.army.mil or mailed to the following address: Corps No. NWP-2015-392 Page 2 of 6 U.S. Army Corps of Engineers CENWP-OD-GC Permit Compliance, Washington County P.O. Box 2946 Portland, Oregon 97208-2946 The subject line of the message shall contain the name of the county in which the project is located followed by the Corps of Engineers permit number. 2. Permittee shall submit a signed certification regarding the completed work and any required mitigation. A "Compliance Certification" is provided (Enclosure 3). 3. Prior to or concurrent with the first discharge of dredged or fill material into a jurisdictional water, permittee shall purchase 1.42 credits from the Tualatin Environmental Bank. The purchase shall compensate off-site for adverse project impacts to 1.42 acres of wetlands/waters. Permittee shall complete the mitigation bank transaction and provide documentation to the Corps at the address in Special Condition 1. 4. Permittee shall fully implement all applicable Proposed Design Criteria (PDC) of the SLOPES V Stormwater, Transportation and Utilities programmatic opinion. A detailed list of the PDC's are enclosed (Enclosure 4). Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( X ) Section 404 of the Clean Water Act(33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this Authorization: a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following: Corps No. NW P-2015-392 Page 3 of 6 a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition No. 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Corps No. NWP-2015-392 Page 4 of 6 Your signature below as permittee indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE SI NATURE) (DATE) P(LCjS' t(--. L,1—G' (PRINTED NAME) (TITLE) �� This permit becomes effective when the Federal official, designated to act for the Secretary of the Army,has signed below. FOR THE COMMANDER, JOSE L. AGUILAR, COLONEL, CORPS OF ENGINEERS, DISTRICT COMMANDER: for (DISTRICT COMMANDER) (DATE) Shawn H. Zinszer Chief, Regulatory Branch Corps No. NWP-2015-392 Page 5 of 6 When the structures or work verified by this individual permit are still in existence at the time the property is transferred and/or a new party obtains this permit, the terms and conditions of this permit will continue to be binding on the new permittee. The new permittee should sign and date below to accept the liabilities associated with complying with the terms and conditions of this permit, and to validate its transfer. PERMIT TRANSFEREE: Transferee Signature DATE Name (Please print) Street Address City, State, and Zip Code NEW PROPERTY OWNER: Property Owner Signature DATE Name (Please print) Street Address City, State, and Zip Code Corps No. NWP-2015-392 Page 6 of 6 i 1 11l ITR M) Vie- SW-U r1l AVE of P 19 It MIA AVP 0 orf j, ;of CD Or V AVE f: "ik AVI It. 0'r A. .................................................0 AWP_ F.11 ell so CML R t10 q1 I NWP-2015-392 1 Enclosure 1 Fi I IVA 40b IRT Oj :6 ,. .� _ ; 4.6 - 92 a NWP-2015-392 2 Enclosure 1 r / L\ r r+. �• t owl go. f i S f � ' ' L a C, 4 tt 7► ° Sly 1 f .i � 1 - - 1 s' ! :Kx j 1' Existing ' :,'; 'i: r•f // BuildingtN-- filljf��fyNsb%/,•r i' �• Xf.,i �' P ' J ^y'� r it �sf���Gi/,•.;•�r,,":�:�, , IJrlif/1; '/ /iHfl1li111� E. jig%4,bf;t11! `!!i/l1/`/iJ ��� Ulll,. lt 6', 4' x i1U,I/'4/�lrll r� , J� �• a�.�11':�elL.l%"';� 'F� • r•: f )Irlt / r 'it/i 1'y, J 11 /(iia (Typical) /1 i,/I;, Vr 11111111 ill N,t, r"loll lfIY/Ali/I fftfl�ri1111111J71t11H�/1�� ---'� 11�r1/j1rll+f��rlrr)lri%/>�/t�r���+ l ---' �. �.. ctr!!tillgj1r,,� Jh/ /trrr! �l�rl�lllll�lf�fl1i !ilj1f111�A1 w9�f 1 1 7 !fiJl1 3 t;I,lits! l r + 11 f llr !1l i i 'J1�1111rt;IJrlltl'111111111rflrr 11%ttllll�Jfl+rrlllrllly�lutil�4 f a /i+r1f 1111 +till Iti Ilf N I'/1111I1�1Yr 111111/im.9; 1 / r , 1 I lrllj'111 'rll�r/11f11111+1fI NH/t Jlllll i j l+I �f� i/�l rr1�1f1lfl�� !r 'fill Nj11111///i�Ifrr�h+Nrf�tlfiili 111tJ1'11i111at�11� //:1 rl/1/,!If Y'l ilft/ryli r ,1 ! ,�• 1.,� 1G ,./ , rr 1lrt111+,111 u11r1r frtrll 1. Welland C '` + 1 t ;,I I.P.lK41 n51fll,`iii j II(rt 1 . j t1.}1f 1,1 + 999• 1. r Ili lI (99ill 0.02ac) Q 41 w�1 1 +tit11191 ,1$111141i191ri9.lt,lgl, x9,4-i+ll,l J I :1lf.,y i'1,flillillttiti1111111111111111111i111491t11111;11111914 ti�119tit' �r i<Jf '�I ;1111i11�'•i1) It�k1�111 sl �1'111',i• A rl�,lt45v •/, , , 19 111 iu1� ;1..' , 1S ti ., ti\, �ti \\ — I LIMEND ••• Study Area Boundaty ,w Wetlands(Total 1.42 ac) i q ao as Ito i liCALE 1N x►8ET j 1 1=1 R PHS Existing Conditions Wall Street Industrial Park-Tigard,OR Paoltia HoW SenAo_e.ble. �pron.so.gananwow.w.� 8:1,L�G'!6 i �b.a;�ar�a e.pegeroa�e tcurelen OYaufiewtwox77Yill tR�e1 NenhMxuCAp,PbiowoNPAfaim�ol wacona.a.u.a/rWJOt6 iDf�eNA NWP-2015-392 4 Enclosure 1 W illy i \1 al 5gg4h�. •} !, `� Cl jL e - CJ 1tf iit 11Ilid,k 1 kj ,. � itty�� 1k i ►. ti c �tiNtkA� 11 \ t ,i tiltii�i�ii�4 Oil�' ,''`} 't,iMAiiLLL i `WlI� 11�r 4 y�1i11it ►11� s t i �I J I I i� X1111 1�11i1i111�11 iIL lm+ ! r ,�. I 111'�11 11� �11j1yi1y11 �ili�m i Ilk 1 f3 1 1t�41±1�11� 111� fil 1 iii fl � t � r� � sR IL If +11� illi .ifr r I , `` 1 flrll t �� Ir � � � •� . 1 1111J� fr{I l i t 111111 li `` y :2, y�)i i1�i1jh t1 111 11 1 �f iCL �1�1111J1. lliI.kit1 t ii11t11�1i IJ7 � r � •I' / �,,.,d_ � fl1� i 11 1 litf tl fill 111 I , j ,111 'l�1 1;11 +lfrlj�flrj I t t�1'�111r1 j,r I l if.� �I jlfkllljlj�llljl t l+ I'rlflf�lYIN rl�If Id1111t1f +1 rr !f i11, ,�lfr t i�11f1i 1 j I�llirr �. tl Y 1 IJ111illi +rjj1 illi f I�j 1J f jiff! 1. 'Willi fjiJlil I +i JillI'�' 1"ilafil!.?liif��l)� / ,�+++ ryllf ilrrfriir'' • �, � ' � +tllf�ir,ti,:l��,Ill r �` NWP-2015-392 5 Enclosure 1 U. O S alim at gig G; I m 1 MIiw a 1 i fle�rRg$rR�611 � I I I no oil 8 I i a Wag nla rF t K I f ; NW Irl - 3 �� ' I 1 •} 1 I t J/ 9 Iq r �+ 4S � I NWP-2015-392 6 Enclosure 1 u. O I o s Ci 1 _ a W C t 3 � -lot W I i 1 ttj i t 1 u6 IN i NWP-2015-392 7 Enclosure 1 Department of Environmental Quality re-() Northwest Region 700 NE Multnomah Street StAte 600 Kate Brown,Governor Portland,OR 97232 (503)229-5263 FAX(503)229-6945 TTY 711 June 14,2016 Steven J. Wells TC Tigard, LLC c/o Trammell Crow Company 1300 SW 5th Ave,Suite 3050 Portland, OR 97201 RE:2015-00392;Wall Street Industrial Park 401 Water Quality Certification The Department of Environmental Quality(DEQ) has reviewed the U.S.Army Corps of Engineers (USACE) Permit application#2015-00392, pursuant to a request for a Clean Watei Act Section 401 Water Quality Certification(WQC) received on September 28,2015. DEQ's 401 WQC public comment opportunity was circulated with the USACE public notice, and DEQ received no water quality comments. According to the application,TC Tigard, LLC(°the Applicant") proposes to construct an industrial park. The project is located in wetlands tributary to Fanno Creek in the City of Tigard, Washington County, Oregon(Section 1, T2S/R1W). Project Description: The Applicant proposes to build an industrial park with three light industrial buildings and associated infrastructure. The project would impact all 1.42 acres of existing wetlands onsite. Mitigation for the wetlands would be provided by the purchase of 1.42 acres of mitigation credits at the Tualatin Valley Environmental Bank. Status of Affected Waters of the State: Fanno Creek is classified as water quality limited under the federal Clean Water Act for habitat modification. Fanno Creek is on the Section 303(d) list of impaired water bodies for dieldrin and has EPA approved Total Maximum Daily Loads(TMDLs)that have been developed for ammonia, biological criteria,dissolved oxygen, E. coli, phosphorus,and temperature. The above listed parameters impair the following beneficial uses in Fanno Creek: public domestic water supply, private domestic water supply, fish &aquatic life,aesthetic quality, and water contact recreation. Other beneficial uses designated in Fanno Creek include industrial water supply, irrigation, livestock watering,wildlife &hunting,fishing, boating, and hydro power. Certification Decision: Based on the information provided by the Applicant and the USACE, DEQ is reasonably assured that implementation of the project will be consistent with applicable provisions of Sections 301, 302, 303, 306, and 307 of the federal Clean Water Act, state water quality standards set forth in Oregon Administrative Rules Chapter 340 Division 41, and other appropriate requirements of state law, provided the following conditions are incorporated into the USACE permit and strictly adhered to by the Applicant. NWP-2015-392 1 Enclosure 2 2095-00392, Wall Street Industrial Park Page 2 401 WQC GENERAL CONDITIONS 1) Responsible parties:This 401 WQC applies to the Applicant. The Applicant is responsible for the work of its contractors and sub-contractors, as well as any other entity that performs work related to this 401 WQC. 2) Work Authorized:Work authorized by this 401 WQC is limited to the work described in the Joint Permit Application dated September 10, 2015 and additional application materials, unless otherwise authorized by DEQ. If the project is operated in a manner not consistent with the project description contained in the permit application materials,the Applicant is not in compliance with this 401 WQC and may be subject to enforcement. 3) Duration of Certificate: This 401 WQC for impacts to waters, including dredge and fill activities, is valid for five years from the date of issuance of the USACE 404 permit. A new or modified 401 WQC must be requested prior to any modification of the USACE 404 permit. Conditions related to the post-construction stormwater management plan are not subject to the expiration date outlined above. Post-construction stormwater facilities must be maintained for the life of the facility. 4) A copy of this 401 WQC letter must be kept on the job site and readily available for reference by the Applicant or its contractors, as well as by DEQ,-USACE,National Marine Fisheries Service(NMFS), Oregon Department of Fish and Wildlife(ODFW),and other appropriate state and local government inspectors. 5) Modification:Any approved modifications to this 401 WQC will incur a Tier 1 fee of $985 at a minimum. Complex modifications may be charged a higher fee. 6) The Applicant must notify DEQ of any change in ownership or control of this project and obtain DEQ review and approval before undertaking any change to the project that might affect water quality. 7) DEQ may modify or revoke this 401 WQC, in accordance with OAR 340-048-0050, if the project changes or project activities are having an adverse impact on state water quality or beneficial uses. 8) The Applicant and its contractors must allow DEQ access to the project site,staging areas, and mitigation sites to monitor compliance with these 401 WQC conditions, including: a. Access to any records, logs, and reports that must be kept under the conditions of this 401 WQC; b. To inspect best management practices(BMPs), monitoring or operational equipment or methods; c. To collect samples or monitor any discharge of pollutants. 9) Failure of any person or entity to comply with this Order may result in the issuance of civil penalties or other actions,whether administrative or judicial,to enforce its terms. NWP-2015-392 2 Enclosure 2 2015-00392,Wall Street Industrial Park Page 3 CONSTRUCTION SPECIFIC CONDITIONS 10) Erosion Control: During construction, erosion control measures must be implemented to prevent or control movement of soil into waters of the state. The Applicant is required to develop and implement an effective erosion and sediment control plan. Any project that disturbs more than one acre Is required to obtain an NPDES 1200-C construction stormwater permit from DEQ. In addition,the Applicant(or responsible party)must do the following, unless otherwise authorized by DEQ in writing: a. Maintain an adequate supply of materials necessary to control erosion at the project construction site. b. Deploy compost berms, impervious materials, or other effective methods during rain events or when stockpiles are not moved or reshaped for more than 48 hours. Erosion of stockpiles is prohibited. c. Inspect erosion control measures daily and maintain erosion control measures as often necessary to ensure the continued effectiveness of measures. Erosion control measures must remain in place until all exposed soil is stabilized. 1. If monitoring or inspection shows that the erosion and sediment controls are ineffective, the Applicant must mobilize immediately to make repairs, install replacements, or Install additional controls as necessary. ii. If sediment has reaches 113 of the exposed height of a sediment or erosion control,the Applicant must remove the sediment to its original contour. d. Use removable pads or mats to prevent soil compaction at all construction access points through,and staging areas in,riparian or wetland areas to prevent soil compaction, unless otherwise authorized by DEQ. e._.Flag or fence off wetlands not specifically authorized to be impacted to protect from disturbance and/or erosion. f. Place dredged or other excavated material on upland areas with stable slopes to prevent materials from eroding back into waterways or wetlands. g. Place clean aggregate at all construction entrances, and utilize other BMPs, including, but not limited to truck or wheel washes,when earth moving equipment is leaving the site and traveling on paved surfaces. The tracking of sediment offsite by vehicles Is prohibited. h. This 401 WQC does not authorize the placement of SMPs into waters of the state unless specifically outlined in the application and authorized by DEQ. 11) Deleterious waste materials: The Applicant is prohibited from placing biologically harmful materials and construction debris including,but not limited to petroleum products, chemicals, cement cured less than 24 hours, welding slag and grindings, concrete saw cutting by-products, sandblasted materials, chipped paint,tires,wire, steel posts, asphalt and waste concrete where such materials could enter waters of the state, including wetlands (wetlands are waters of the state). The Applicant must do the following: a. Ensure concrete, cement, or grout is cured for at least 24 hours prior to any contact with flowing waters; b. Use only clean fill,free of waste and polluted substances; c. Employ all practicable controls to prevent discharges of spills of deleterious materials to surface or ground water; NWP-2015-392 3 Enclosure 2 2015-00392; Wag Street Industrial Park Page 4 d. Maintain at the project construction site,and deploy as necessary, an adequate supply of materials needed to contain deleterious materials during a weather event; e. Remove all foreign materials, refuse, and waste from the project area;and f. Employ general good housekeeping practices at all times. 12) Spill Prevention: The Applicant must fuel,operate, maintain and store vehicles, and must store construction materials, in areas that will not disturb habitat either directly or due to potential discharges. In addition,the following specific requirements apply: a. Vehicle staging, cleaning, maintenance, refueling, and fuel storage must take place in a vehicle staging area placed 150 feet or more from any waters of the state. An exception to this distance may be authorized upon written approval by DEQ if all practicable prevention measures are employed and this distance is not possible because of any of the following site conditions: L Physical constraints that make this distance not feasible (e.g., steep slopes, rock outcroppings); ii. Natural resource features would be degraded as a result of this setback; or ill. Equal or greater spill containment and effect avoidance is provided even if staging area is less than 150 feet of any waters of the state. b. If staging areas are within 150 feet of any waters of the state, as allowed under subsection (a)of this condition, full containment of potential contaminants must be provided to prevent soil and water contamination, as appropriate. c. Ali vehicles operated within 150 feet of any waters of the state must be inspected daily for fluid leaks before leaving the vehicle staging area. Any leaks detected in the vehicle staging area must be repaired before the vehicle resumes operation. d. Before operations begin and as often as necessary during operation, equipment must be steam cleaned (or undergo an approved equivalent cleaning) until all visible external oil, grease, mud,and other visible contaminants are removed if the equipment will be used below the bank of a waterbody. e. All stationary power equipment(e.g., generators, cranes,stationary drilling equipment)operated within 150 feet of any waters of the state must be covered by an absorbent mat to prevent leaks, unless other suitable containment is provided to prevent potential spills from entering any waters of the state. f. An adequate supply of materials (such as straw matting/bales, geotextiles, booms, diapers, and other absorbent materials)needed to contain spills must be maintained at the project construction site and deployed as necessary. g. All equipment operated in state waters must use bio-degradable hydraulic fluid. 13) Spill &Incident Reporting: a. In the event that petroleum products,chemicals, or any other deleterious materials are discharged into state waters, or onto land with a potential to enter state waters,the Applicant must promptly report the discharge to the Oregon Emergency Response System(OERS, 1-800-452-0311). The Applicant must immediately begin containment and complete cleanup as soon as possible b. If the project operations cause a water quality problem which results in distressed or dying fish,the Applicant must immediately: cease operations;take appropriate corrective measures to prevent further environmental damage; collect fish NWP-2015-392 4 Enclosure 2 2015-00392,Wall Strset Industrial Park Page 5 specimens and water samples;and notify DEQ,ODFW and other appropriate regulatory agencies. 14) Vegetation Protection and Restoration: a. The Applicant must protect riparian, wetland, and shoreline vegetation in the authorized project area from disturbance through one or more of the following: i. Minimization of project and impact footprint; ii. Designation of staging areas and access points in open, upland areas; ill. Fencing and other barriers demarcating construction areas; and/or iv. Use of alternative equipment(e.g., spider hoe or crane). b. If authorized work results in vegetative disturbance and the disturbance has not been accounted for in planned mitigation actions,the Applicant must successfully re-establish vegetation to a degree of function equivalent or better than before the disturbance. The standard for success is 80%cover for native plant species. The vegetation must be re-established by the completion of authorized work and include the following: 1. Restore damaged streambanks to a natural slope, pattern, and profile suitable for establishment of permanent woody vegetation, unless precluded by pre-project conditions(e.g.,a natural rock wall). ii. Replant or reseed each area requiring revegetation before the end of the first planting season following construction. Ill. Plant disturbed areas with native plants and trees in all cases except where the use of non-native plant materials may be essential for erosion control. iv. The use of invasive species to re-establish vegetation is prohibited. v. Herbicides, pesticides and fertilizers must be applied per manufacturer's instructions, and only if necoesary for vegetation establishment. 1. Unless otherwise approved in writing by DEQ, applying surface fertilizer within stormwater treatment facilities or within 50 feet of any stream channel Is prohibited. 2. Other than spot application to cut stems,no herbicides are allowed within stormwater treatment facilites or within 150 feet of waters of the state. Mechanical, hand,or other methods may be used to control weeds and unwanted vegetation within stormwater treatment facilites or within 150 feet of waters of the state. 3. No pesticides may be used within stormwater treatment facilities or within 150 feet of waters of the state. vi. Install wildlife friendly fencing as necessary to prevent access to revegetated sites by livestock or unauthorized persons. vii. Minimize soil compaction, especially in areas that are designated to be replanted. If soils are compacted,decompact staging areas and work construction areas prior to replanting. Leave topsoil when possible. Chip materials from clear and grub operation and spread on soil surface, unless cleared areas contained invasive species. 15) Provide a buffer zone, a minimum of 50 feet is required, unless otherwise authorized in writing by DEQ, in order to protect existing riparian areas and wetlands. NWP-2015-392 5 Enclosure 2 2015-00392;Wall Street Industrial Park Page 6 16) Notification to DEQ:The Applicant must provide pre-construction notification to DEQ one week prior to the start of construction. Contact information can be found at the end of this 401 WQC. SPECIFIC CONDITIONS FOR POST CONSTRUCTION STORMWATER MANAGEMENT 17) Post Construction Stormwater Management:The Applicant must implement and comply with the terms of the approved post-construction stormwater management plan, which describes best management practices (BMPs)to prevent or treat pollution in stormwater anticipated to be generated by the project, in order to comply with state water quality standards. The system components include three extended dry basins. Clean Water Services holds a DEQ MS4 Phase 1 permit covering municipal stormwater dischages. Review of the SWMP is delegated to Clean Water Services. DEQ reserves the right to ensure compliance with the proposed SWMP. Within 30 days of project completion,the Applicant must submit a copy of the'As- Builts'or red-lined construction drawings showing all stormwater management facilities. 18) Stormwater Management&System Maintenance: The Applicant is required to implement effective operation and maintenance practices for the lifetime of the proposed facility. These include but are not limited to: a. Maintenance techniques and frequency for each system component must follow appropriate recommendations in accepted manuals. b. Long-term operation and maintenance of stormwater treatment facilities will be the responsibility of the Wall Street Industrial Park Facilities Manager, unless and until an agreement transferring that responsibility to another entity is submitted to DEQ. 19) Corrective Action May Be Required:The Department retains the authority to require corrective action in the event the stormwater management facilities are not built or performing as described in the plan. If the Applicant is dissatisfied with the conditions contained in this 401 WQC, a contested case hearing may be requested in accordance with OAR 340-048-0045. Such request must be made in writing to the DEQ Office of Compliance and Enforcement at 811 SW 6"'Avenue, Portland Oregon 97204 within 20 days of the mailing of this 401 WQC, NWP-2015-392 6 Enclosure 2 2015-00392,-Walt Street Industrial Park Page 7 The DEQ hereby certifies this project in accordance with the Clean Water Act and state rules, with the above conditions. If you have any questions, please contact Amy Simpson at simpson.arny0deg.state.or.us, or by phone at 503 229-5059. Sincerely, Steve Mrazik Water Quality Manager Northwest Region 2015-00392 401 Water Quality Certification,docm ec: Danielle Erb, USACE Anita Huffman,DSL Amy Hawkins, Pacific Habitat Services, Inc. NWP-2015-392 7 Enclosure 2 COMPLIANCE CERTIFICATION U.S. Army Corps of Engineers CENWP-OD-GP. Compliance, Washington County PO Box 2946 Portland, Oregon 9708-2946 1. Permittee Name: TC Tigard, LLC c/o Trammell Crow Company 2. County: Washington County 3. Corps Permit No: NWP-2015-392 4. Corps Contact: Ms. Danielle Erb 5. Type of Activity: Light Industrial Buildings Please sign and return form to the address above: I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit and that required mitigation is completed in accordance with the permit conditions, except as described below. Signature of Permittee Date NWP-2015-392 Page 1 of 1 Enclosure 3 Endangered Species Act —Section 7 Programmatic Consultation Conference and Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation For Revised Standard Local Operating Procedures for Endangered Species to Administer Maintenance or Improvement of Stormwater, Transportation, and Utility Actions Authorized or Carried Out by the U.S. Army Corps of Engineers in Oregon (SLOPES for Stormwater, Transportation or Utilities) NMFS Consultation No. NWR-2013-10411 Action Agency: U.S. Army Corps of Engineers Portland District, Operations and Regulatory Branches Affected Species and Determinations: Is the action is the Is the action likely to action likely to destroy adversely ESA-Listed Species ESA affect this likely to or adversely Status species or its Jeopardize modify critical critical this habitat for this habitat? species? species? Lower Columbia River Chinook salmon T Yes No No Upper Willamette River Chinook salmon T Yes No No Upper Columbia River spring-run Chinook salmon E Yes No No Snake River spring/summer run Chinook salmon T Yes No No Snake River fall-run Chinook salmon T Yes No No Columbia River chum salmon T Yes No No Lower Columbia River coho salmon T Yes No No* Oregon Coast coho salmon T Yes No No Southern Oregon/Northern California coasts coho salmon T Yes No No Snake River sockeye salmon E Yes No No Lower Columbia River steelhead T Yes No No Upper Willamette River steelhead T Yes No No Middle Columbia River steelhead T Yes No No Upper Columbia River steelhead T Yes No No Snake River Basin steelhead T Yes No No Southern green sturgeon T Yes No No Eulachon T Yes No No Southern resident killer whale T No No N/A *Critical habitat has been proposed for LCR coho salmon. NWP-2015-392 Page 1 of 39 Enclosure 4 Fishery Management Plan that Describes Would the action adversely Are EFH conservation EFH in the Action Area affect EFH? recommendations provided? Coastal Pelagic Species Yes Yes Pacific Coast Groundfish _ Yes Yes Pacific Coast Salmon Yes Yes Consultation Conducted By: National Marine Fisheries Service West Coast Region Willi telle,Jr. Issued by: Regi nal Administrator Date Issued: March 14, 2014 NWP-2015-392 Page 2 of 39 Enclosure 4 Excerpt from SLOPES for Stormwater,Transportation, or Utilities General Construction March 14, 2014 Natural hazard response to complete an unplanned; immediate, or short-term repair of a stormwater facility,road, culvert,bridge, or utility line without federal assistance. These include in- water repairs that must be made before the next in-water work period to resolve critical conditions that, unless corrected, are likely to cause loss of human life,unacceptable loss of property, or natural resources.Natural hazards may include,but are not limited to, a flood that causes scour erosion and significantly weakens the foundation of a road or bridge; culvert failure due to blockage by fluvial debris, overtopping, or crushing; and ground saturation that causes a debris slide, earth flow, or rock fall to cover a road. This category of actions is only included to the extent that they require Corps permits or are undertaken by the Corps,but otherwise do not require federal authorization, funding, or federal agency involvement.. The response will include an assessment of its effects to listed species and critical habitats and a plan to bring the response into conformance with all other applicable PDC in this opinion, including compensatory mitigation based on the baseline conditions prior to the natural hazard. Streambank and channel stabilization to ensure that roads, culverts,bridges and utility lines do not become hazardous due to the long-term effects of toe erosion, scour, subsurface entrainment, or mass failure. This action includes installation and maintenance of scour protection, such as at a footing, facing, or headwall,to prevent scouring or down-cutting of an existing culvert, road foundation,or bridge support. It does not include scour protection for bridge approach fills. Proposed streambank stabilization methods include alluvium placement,vegetated riprap with large wood(LW), log or roughened rock toe,woody plantings,herbaceous cover, deformable soil reinforcement, coir logs,bank reshaping and slope grading, floodplain flow spreaders, floodplain roughness, and engineered log jams(ELJs), alone or in combination. Any action that requires additional excavation or structural changes to a road, culvert, or bridge foundation is covered under road, culvert and bridge maintenance,rehabilitation, and replacement. Road surface, culvert and bridge maintenance, rehabilitation and replacement. Maintenance,rehabilitation, and replacement to ensure that roads, culverts and bridges remain safe and reliable for their intended use without impairing fish passage,to extend their service life, and to withdraw temporary access roads from service in a way that promotes watershed restoration when their usefulness has ended. This includes actions necessary to complete geotechnical surveys, such as access road construction, drill pad preparation,mobilization and set up, drilling and sampling operations, demobilization,boring abandonment, and access road and drill pad reclamation. It also includes, excavation, grading, and filling necessary to maintain,rehabilitate, or replace existing roads, culverts, and bridges. This type of action does not include significant channel realignment, installation of fish passage(e.g., fish ladders,juvenile fish bypasses, culvert baffles,roughened chutes, step weirs), tidegate maintenance or replacements other than full removal, construction of new permanent roads within the riparian zone that are not a bridge approach, or construction of a new bridge where a culvert or other road stream crossing did not previously exist, or any project which will result in or contribute to other land use changes that trigger effects, including indirect effects not considered in this opinion. Stormwater facilities and utility line stream crossings to install, maintain,rehabilitate, or replace stormwater facilities, or pipes or pipelines used to transport gas or liquids, including new or NWP-2015-392 Page 3 of 39 Enclosure 4 upgraded stormwater outfalls, and cables, or lines or wires used to transmit electricity or communication. Construction,maintenance or improvement of stormwater facilities include surveys, access road construction, excavation,grading, and filling necessary to maintain, rehabilitate,or replace existing stormwater treatment or flow control best management practices(BMPs). Utility line actions involve excavation, temporary side casting of excavated material,backfilling of the trench, and restoration of the work site to preconstruction contours and vegetation. This type of action does not include construction or enlargement of gas, sewer, or water lines to support a new or expanded service area for which effects,including indirect effects from interrelated or interdependent activities,have not been analyzed in this opinion.This opinion also does not include construction of any line that transits the bed of an estuary or saltwater area at depths less than-10.0 feet(mean lower low water). 1.3.1.2 Project Design Criteria - General Construction Measures 13. Project Design a. Use the best available scientific information regarding the likely impacts of climate change on resources in the project area to design the project so that it will be resilient to those impacts, including projections of local stream flow, water temperature, and extreme events. b. Assess whether the project area is contaminated by chemical substances that may cause harm if released by the project. The assessment will be commensurate with site history and may include the following: i. Review available records, e.g.,the history of existing structures and contamination events. ii. If the project area was used for industrial processes, inspect to determine the environmental condition of the property. iii. Interview people who are knowledgeable about the site, e.g., site owners, operators, and occupants,neighbors, or local government officials. iv. If contamination is found or suspected, consult with a suitably qualified and experienced contamination professional and NMFS before carrying out ground disturbing activities. - C. Obtain all applicable regulatory permits and authorizations before starting construction. d. Minimize the extent and duration of earthwork, e.g., compacting, dredging, drilling, excavation, and filling. 14. In-Water Work Timing a. Unless the in-water work is part of a natural hazard response, complete all work within the wetted channel during dates listed in the most recent version of Oregon In-water Work Guidelines(ODFW 2008), except that that in-water work in the Willamette River below Willamette Falls is not approved between December 1 and January 31. b. Hydraulic and topographic measurements and placement of LW or gravel may be completed anytime,provided the affected area is not occupied by adult fish congregating for spawning, or redds containing eggs or pre-emergent alevins. 15. Pile Installation.Pile may be concrete, or steel round pile 24 inches in diameter or smaller, steel H-pile designated as HP24 or smaller, or wood that has not been treated with preservatives or NWP-2015-392 Page 4 of 39 Enclosure 4 pesticides. Any proposal to use treated wood pilings is not covered by this consultation and will require individual consultation. a. NMFS will review and approve pile installation plans. b. When practical,use a vibratory hammer for in-water pile installation. In the lower Columbia River only a vibratory hammer may be used in October. C. Jetting may be used to install pile in areas with coarse, uncontaminated sediments that meet criteria for unconfined in-water disposal(USACE Northwest Division 2009). d. When using an impact hammer to drive or proof a steel pile, one of the following sound attenuation methods will be used: i. Completely isolate the pile from flowing water by dewatering the area around the pile. ii. If water velocity is 1.6 feet per second or less, surround the pile being driven by a confined or unconfined bubble curtain that will distribute small air bubbles around 100% of the pile perimeter for the full depth of the water column. See, e.g., NMFS and USFWS (2006),Wursig et al. (2000), and Longmuir and Lively(2001). iii. If water velocity is greater than 1.6 feet per second, surround the pile being driven with a confined bubble curtain(e.g., surrounded by a fabric or non- metallic sleeve)that will distribute air bubbles around 100% of the pile perimeter for the full depth of the water column. iv. Provide NMFS information regarding the timing of in-water work, the number of impact hammer strikes per pile and the estimated time required to drive piles, hours per day pile driving will occur, depth of water, and type of substrate, hydroacoustic assumptions, and the pile type, diameter, and spacing of the piles. 16. Pile Removal. The following steps will be used to minimize creosote release, sediment disturbance and total suspended solids: a. Install a floating surface boom to capture floating surface debris. b. Keep all equipment(e.g.,bucket, steel cable, vibratory hammer)out of the water, grip piles above the waterline, and complete all work during low water and low current conditions. C. Dislodge the pile with a vibratory hammer, when possible; never intentionally break a pile by twisting or bending. d. Slowly lift the pile from the sediment and through the water column. C. Place the pile in a containment basin on a barge deck,pier, or shoreline without attempting to clean or remove any adhering sediment. A containment basin for the removed piles and any adhering sediment may be constructed of durable plastic sheeting with sidewalls supported by hay bales or another support structure to contain all sediment and return flow which may otherwise be directed back to the waterway. f. Fill the hole left by each pile with clean,native sediments immediately after removal. g. Dispose of all removed piles, floating surface debris, any sediment spilled on work surfaces, and all containment supplies at a permitted upland disposal site. 17. Broken or Intractable Pile. If a pile breaks above the surface of uncontaminated sediment, or less than 2 feet below the surface,make every attempt short of excavation to remove it entirely. If the pile cannot be removed without excavation,drive the pile deeper if possible. a. If a pile in contaminated sediment is intractable or breaks above the surface, cut NWP-2015-392 Page 5 of 39 Enclosure 4 the pile or stump off at the sediment line. b. If a pile breaks within contaminated sediment,make no further effort to remove it and cover the hole with a cap of clean substrate appropriate for the site. C. If dredging is likely where broken piles are buried,use a global positioning system(GPS)device to note the location of all broken piles for future use in site debris characterization. 18. Fish Capture and Release a. If practicable, allow listed fish species to migrate out of the work area or remove fish before dewatering; otherwise remove fish from an exclusion area as it is slowly dewatered with methods such as hand or dip-nets, seining, or trapping with minnow traps (or gee-minnow traps). b. Fish capture will be supervised by a qualified fisheries biologist, with experience in work area isolation and competent to ensure the safe handling of all fish. C. Conduct fish capture activities during periods of the day with the coolest air and water temperatures possible,normally early in the morning to minimize stress and injury of species present. d. Monitor the nets frequently enough to ensure they stay secured to the banks and free of organic accumulation. e. Electrofishing will be used during the coolest time of day, only after other means of fish capture are determined to be not feasible or ineffective. i. Do not electrofish when the water appears turbid, e.g.,when objects are not visible at depth of 12 inches. ii. Do not intentionally contact fish with the anode. iii. Follow NMFS (2000) electrofishing guidelines, including use of only direct current(DC) or pulsed direct current within the following ranges: 1 1. If conductivity is less than 100 µs,use 900 to 1100 volts. 2. If conductivity is between 100 and 300 µs,use 500 to 800 volts. 3. If conductivity greater than 300 µs,useless than 400 volts. iv. Begin electrofishing with a minimum pulse width and recommended voltage,then gradually increase to the point where fish are immobilized. V. Immediately discontinue electrofishing if fish are killed or injured, i.e., dark bands visible on the body, spinal deformations, significant de-scaling, torpid or inability to maintain upright attitude after sufficient recovery time.Recheck machine settings, water temperature and conductivity, and adjust or postpone procedures as necessary to reduce injuries. f. If buckets are used to transport fish: i. Minimize the time fish are in a transport bucket. ii. Keep buckets in shaded areas or, if no shade is available, covered by a canopy. iii. Limit the number of fish within a bucket; fish will be of relatively comparable size to minimize predation. iv. Use aerators or replace the water in the buckets at least every 15 minutes with cold clear water. 1 National Marine Fisheries Service.2000.Guidelines for electrofishing waters containing salmonids listed under the Endangered Species Act.Portland,Oregon and Santa Rose,California httLi://swr.nmfs.noaa.gov/sr/ElectrofishinQ Guidelines. df NWP-2015-392 Page 6 of 39 Enclosure 4 V. Release fish in an area upstream with adequate cover and flow refuge; downstream is acceptable provided the release site is below the influence of construction. vi. Be careful to avoid mortality counting errors. g. Monitor and record fish presence,handling, and injury during all phases of fish capture and submit a fish salvage report(Appendix A, Part 1 with Part 3 completed)to the Corps and the SLOPES mailbox(slopes.nwr@noaa.gov)within 60 days. 19. Fish Passage a. Provide fish passage for any adult or juvenile ESA-listed fish likely to be present in the action area during construction,unless passage did not exist before construction or the stream is naturally impassable at the time of construction. b. After construction,provide fish passage for any adult or juvenile ESA-listed fish that meets NMFS's fish passage criteria(NMFS 2011a)for the life of the action. 20. Fish Screens a. Submit to NMFS for review and approval fish screen designs for surface water diverted by gravity or by pumping at a rate that exceeds 3 cubic feet per second(cfs). b. All other diversions will have a fish screen that meets the following specifications: i. An automated cleaning device with a minimum effective surface area of 2.5 square feet per cubic foot per second, and a nominal maximum approach velocity of 0.4 feet per second, or no automated cleaning device, a minimum effective surface area of 1 square foot per cubic foot per second, and a nominal maximum approach rate of 0.2 foot per second; and ii. A round or square screen mesh that is no larger than 2.38 millimeters (mm)(0.094") in the narrow dimension, or any other shape that is no larger than 1.75 mm(0.069") in the narrow dimension. C. Each fish screen will be installed, operated, and maintained according to NMFS's fish screen criteria. 21. Surface Water Withdrawal a. Surface water may be diverted to meet construction needs, including dust abatement,only if water from developed sources (e.g., municipal supplies, small ponds, reservoirs, or tank trucks) are unavailable or inadequate; and b. Diversions may not exceed 10% of the available flow and will have a juvenile fish exclusion device that is consistent with NMFS's criteria(NMFS 2011 a).12 22. Construction Discharge Water. Treat all discharge water using best management practices to remove debris,sediment, petroleum products, and any other pollutants likely to be present(e.g., green concrete, contaminated water, silt,welding slag, sandblasting abrasive, grout cured less than 24 hours, drilling fluids), to avoid or minimize pollutants discharged to any perennial or intermittent water body. Pump seepage water from the de.-watered work area to a temporary storage and treatment site or into upland areas and allow water to filter through vegetation prior to reentering the stream channel. 12 National Marine Fisheries Service 2011.Anadromous salmonid passage facility design. Northwest Region. ht�i�://www.nwr.noaa.�ov/lfublications/h•dro4�ower/ferc/fish- assa e-desi�;n.pdf NWP-2015-392 Page 7 of 39 Enclosure 4 Treat water used to cure concrete until pH stabilizes to background levels. 23. Temporary Access Roads and Paths a. Whenever reasonable,use existing access roads and paths preferentially. b. Minimize the number and length of temporary access roads and paths through riparian areas and floodplain. C. Minimize removal of riparian vegetation. d. When it is necessary to remove vegetation,cut at ground level (no grubbing). e. Do not build temporary access roads or paths where grade, soil, or other features suggest slope instability. f. Any road on a slope steeper than 30%will be designed by a civil engineer with experience in steep road design. g. After construction is complete, obliterate all temporary access roads and paths, stabilize the soil, and revegetate the area. h. Temporary roads and paths in wet areas or areas prone to flooding will be obliterated by the end of the in-water work window.Decompact road surfaces and drainage areas,pull fill material onto the running surface, and reshape to match the original contours. 24. Temporary Stream Crossings a. No stream crossing may occur at active spawning sites,when holding adult listed fish are present, or when eggs or alevins are in the gravel. b. Do not place temporary crossings in areas that may increase the risk of channel re-routing or avulsion, or in potential spawning habitat, e.g.,pools and pool tailouts. C. Minimize the number of temporary stream crossings;use existing stream crossings whenever reasonable. d. Install temporary bridges and culverts to allow for equipment and vehicle crossing over perennial streams during construction. e. Wherever possible,vehicles and machinery will cross streams at right angles to the main channel. f. Equipment and vehicles may cross the stream in the wet only where the streambed is bedrock, or where mats or off-site logs are placed in the stream and used as a crossing. g. Obliterate all temporary stream crossings as soon as they are no longer needed, and restore any damage to affected stream banks or channel. 25. Equipment, Vehicles and Power Tools a. Select, operate and maintain all heavy equipment, vehicles, and power tools to minimize adverse effects on the environment, e.g., low pressure tires, minimal hard-turn paths for track vehicles,use of temporary mats or plates to protect wet soils. b. Before entering wetlands or working within 150 feet of a water body: i. Power wash all heavy equipment,vehicles and power tools, allow them to fully dry, and inspect them for fluid leaks, and to make certain no plants, soil, or other organic material are adhering to the surface. ii. Replace petroleum-based hydraulic fluids with biodegradable products 3 13 For additional information and suppliers of biodegradable hydraulic fluids,motor oil,lubricant,or grease,see, Environmentally Acceptable Lubricants by the U.S.EPA(201 la);e.g.,mineral oil,polyglycol,vegetable oil,synthetic NWP-2015-392 Page 8 of 39 Enclosure 4 in hydraulic equipment, vehicles, and power tools. C. Repeat cleaning as often as necessary during operation to keep all equipment, vehicles, and power tools free of external fluids and grease, and to prevent a leak or spill from entering the water. d. Avoid use of heavy equipment,vehicles or power tools below ordinary high water(OHW)unless project specialists determine such work is necessary, or would result in less risk of sedimentation or other ecological damage than work above that elevation. e. Before entering the water,inspect any watercraft, waders,boots, or other gear to be used in or near water and remove any plants, soil, or other organic material adhering to the surface. f. Ensure that any generator, crane or other stationary heavy equipment that is operated,maintained, or stored within 150 feet of any water body is also protected as necessary to prevent any leak or spill from entering the water. 26. Site Layout and Flagging a. Before any significant ground disturbance or entry of mechanized equipment or vehicles into the construction area, clearly mark with flagging or survey marking paint the following areas: i. Sensitive areas, e.g., wetlands,water bodies, OHW, spawning areas. ii. Equipment entry and exit points. iii. Road and stream crossing alignments. iv. Staging, storage, and stockpile areas. b. Before the use of herbicides, clearly flag no-application buffer zones. 27. Staging, Storage, and Stockpile Areas a. Designate and use staging areas to store hazardous materials, or to store, fuel, or service heavy equipment, vehicles and other power equipment with tanks larger than 5 gallons, that are at least 150 feet from any natural water body or wetland, or on an established paved area, such that sediment and other contaminants from the staging area cannot be deposited in the floodplain or stream. b. Natural materials that are displaced by construction and reserved for restoration, e.g., LW, gravel, and boulders,may be stockpiled within the 100-year floodplain. C. Dispose of any material not used in restoration and not native to the floodplain outside of the functional floodplain. d. After construction is complete, obliterate all staging, storage, or stockpile areas, stabilize the soil, and revegetate the area.14 28. Drilling and Boring a. If drilling or boring are used, isolate drilling operations in wetted stream channels using a steel casing or other appropriate isolation method to prevent drilling fluids ester;Mobil®biodegradable hydraulic oils,Total®hydraulic fluid,Terresolve Technologies Ltd.®bio-based biodegradable lubricants,Cougar Lubrication®2XT Bio engine oil,Series 4300 Synthetic Bio-degradable Hydraulic Oil, 8060-2 Synthetic Bio-Degradable Grease No.2,etc.The use of trade,firm,or corporation names in this opinion is for the information and convenience of the action agency and applicants and does not constitute an official endorsement or approval by the U.S.Department of Commerce or NMFS of any product or service to the exclusion of others that may be suitable. 14 Road and path obliteration refers to the most comprehensive degree of decommissioning and involves decompacting the surface and ditch,pulling the fill material onto the running surface,and reshaping to match the original contour. NWP-2015-392 Page 9 of 39 Enclosure 4 from contacting water. b. If drilling through a bridge deck is necessary,use containment measures to prevent drilling debris from entering the channel. C. Sampling and directional drill recovery/recycling pits, and any associated waste or spoils will be completely isolated from surface waters, off-channel habitats and wetlands. d. All waste or spoils will be covered if precipitation is falling or imminent. e. All drilling fluids and waste will be recovered and recycled or disposed to prevent entry into flowing water. f. If a drill boring case breaks and drilling fluid or waste is visible in water or a wetland, make all possible efforts to contain the waste and contact NMFS within 48 hours. g. Waste containment i. All drilling equipment, drill recovery and recycling pits, and any waste or spoil produced,will be contained and then completely recovered and recycled or disposed of as necessary to prevent entry into any waterway. Use a tank to recycle drilling fluids. ii. When drilling is completed, remove as much of the remaining drilling fluid as possible from the casing(e.g.,by pumping)to reduce turbidity when the casing is removed. 29. Pesticide and Preservative-Treated Wood" a. Treated wood may not be used in a structure that will be in or over water or permanently or seasonally flooded wetlands, excer)t to maintain or re?air an existing wood bridge. The following criteria in b, c,and d below apply to the use of treated wood for maintenance or repair of existing wood bridges. b. No part of the treated wood may be exposed to leaching by precipitation, overtopping waves, or submersion(e.g., no treated wood piles(per PDC#10, and stringers or decking of a timber bridge can be made from treated wood only if they will be covered by a non-treated wood wearing surface that covers the entire roadway width), and all elements of the structure using the treated wood are designed to avoid or minimize impacts or abrasion that could create treated wood debris or dust. C. Installation of treated wood i. ' Treated wood shipped to the project area will be stored out of contact with standing water and wet soil, and protected from precipitation. ii. Each load and piece of treated wood will be visually inspected and rejected for use in or above aquatic environments if visible residue,bleeding of preservative,preservative-saturated sawdust, contaminated soil, or other matter is present. iii. Prefabrication will be used whenever possible to minimize cutting, drilling and field preservative treatment. iv. When field fabrication is necessary, all cutting, drilling, and field preservative treatment of exposed treated wood will be done above OHW to minimize discharge of sawdust, drill shavings, excess preservative and other debris. 15 Treated woods may contain chromated copper arsenate(CCA),ammoniacal copper zinc arsenate(ACZA),alkaline copper quat(ACQ-B and ACQ-D),ammoniacal copper citrate(CC),copper azole(CBA-A),copper dimethyldithiocarbamate(CDDC),borate preservatives,and oil-type wood preservatives,such as creosote, pentachlorophenol,and copper naphthenate. NWP-2015-392 Page 10 of 39 Enclosure 4 V. Tarps, plastic tubs or similar devices will be used to contain the bulk of any fabrication debris, and any excess field preservative will be removed from the treated wood by wiping and proper disposal. d. Removal of treated wood i. Evaluate all wood construction debris removed during a project, including pile, to ensure proper disposal of treated wood. ii. Ensure that no treated wood debris falls into the water or, if debris does fall into the water, remove it immediately. iii. After removal,place treated wood debris in an appropriate dry storage site until it can be removed from the project area. iv. Do not leave any treated wood debris in the water or stacked on the streambank at or below OHW. 30. Erosion Control a. Use site planning and site erosion control measures commensurate with the scope of the project to prevent erosion and sediment discharge from the project site. b. Before significant earthwork begins,install appropriate,temporary erosion controls downslope to prevent sediment deposition in the riparian area,wetlands, or water body. C. During construction, i. Complete earthwork in wetlands,riparian areas, and stream channels as quickly as possible. ii. Cease project operations when high flows may inundate the project area, except for efforts to avoid or minimize resource damage. iii. If eroded sediment appears likely to be deposited in the stream during construction, install additional sediment barriers as necessary. iv. Temporary erosion control measures may include fiber wattles, silt fences,jute matting,wood fiber mulch and soil binder, or geotextiles and geosynthetic fabric. V. Soil stabilization using wood fiber mulch and tackifier(hydro-applied) may be used to reduce erosion of bare soil, if the materials are free of noxious weeds and nontoxic to aquatic and terrestrial animals, soil microorganisms,and vegetation. vi. Remove sediment from erosion controls if it reaches 1/3 of the exposed height of the control. vii. Whenever surface water is present,maintain a supply of sediment control materials and an oil-absorbing floating boom at the project site. viii. Stabilize all disturbed soils following any break in work unless construction will resume within four days. d. Remove temporary erosion controls after construction is complete and the site is fully stabilized. 31. Hazardous Material Safety a. At the project site: i. Post written procedures for notifying environmental response agencies, including an inventory and description of all hazardous materials present, and the storage and handling procedures for their use.' ii. Maintain a spill containment kit,with supplies and instructions for cleanup and disposal, adequate for the types and quantity of hazardous materials NWP-2015-392 Page 11 of 39 Enclosure 4 present. iii. Train workers in spill containment procedures, including the location and use of the spill containment kits. iv. Temporarily contain any waste liquids generated under an impervious cover, such as a tarpaulin, in the staging area until the wastes can be properly transported to, and disposed of, at an approved receiving facility. 32. Barge Use. Any barge used as a work platform to support construction will be: a. Large enough to remain stable under foreseeable loads and adverse conditions. b. Inspected before arrival to ensure vessel and ballast are free of invasive species. C. Secured, stabilized and maintained as necessary to ensure no loss of balance, stability, anchorage, or other condition that can result in the release of contaminants or construction debris. 33. Dust Abatement a. Use dust abatement measures commensurate with soil type, equipment use, wind conditions, and the effects of other erosion control measures. b. Sequence and schedule work to reduce the exposure of bare soil to wind erosion. C. Maintain spill containment supplies on-site whenever dust abatement chemicals are applied. d. Do not use petroleum-based products. e. Do not apply dust-abatement chemicals,e.g., magnesium chloride, calcium chloride salts, ligninsulfonate,within 25 feet of a water body, or in other areas where they may runoff into a wetland or water body. f. Do not apply ligninsulfonate at rates exceeding 0.5 gallons per square yard of road surface, assuming a 50:50 solution of ligninsulfonate to water. 34. Work Area Isolation a. . Isolate any work area within the wetted channel from the active stream whenever ESA-listed fish are reasonably certain to be present, or if the work area is less than 300 feet upstream from known spawning habitats. b. Engineering design plans for work area isolation will include all isolation elements and fish release areas:- c. Dewater the shortest linear extent of work area practicable,unless wetted in- stream work is deemed to be minimally harmful to fish, and is beneficial to other aquatic species.16 i. Use a coffer dam and a by-pass culvert or pipe, or a lined,non-erodible diversion ditch to divert flow around the dewatered area. Dissipate flow energy to prevent damage to riparian vegetation or stream channel and provide for safe downstream reentry of fish,preferably into pool habitat with cover. ii. Where gravity feed is not possible,pump water from the work site to avoid rewatering. Maintain a fish screen on the pump intake to avoid juvenile fish entrainment. iii. Pump seepage water to a temporary storage and treatment site, or into upland areas,to allow water to percolate through soil or to filter through vegetation 16 For instructions on how to dewater areas occupied by lamprey,see Best management practices to minimize adverse effects to Pacific lamprey(Entosphenus tridentatus)(USFWS 2010). NWP-2015-392 Page 12 of 39 Enclosure 4 before reentering the stream channel with a treatment system comprised of either a hay bale basin or other sediment control device. iv. Monitor below the construction site to prevent stranding of aquatic organisms. V. When construction is complete,re-water the construction site slowly to prevent loss of surface flow downstream, and to prevent a sudden increase in stream turbidity. d. Whenever a pump is used to dewater the isolation area and ESA-listed fish may be present, a fish screen will be used that meets the most current version of NMFS's fish screen criteria(NMFS 2011 a).NMFS approval is required for pumping at a rate that exceeds 3 cfs. 35. Invasive and Non-Native Plant Control a. Non-herbicide methods.Limit vegetation removal and soil disturbance within the riparian zone by limiting the number of workers there to the minimum necessary to complete manual, mechanical,or hydro-mechanical plant control (e.g.,hand pulling, bending17, clipping, stabbing, digging,brush-cutting, mulching,radiant heat,portable flame burner, super- heated steam,pressurized hot water, or hot foam(Arsenault et al. 2008; Donohoe et al. 2010))18. Do not allow cut,mowed, or pulled vegetation to enter waterways. b. Herbicide Label. Herbicide applicators will comply with all label instructions C. Power equipment. Refuel gas-powered equipment with tanks larger than 5 gallons in a vehicle staging area placed 150 feet or more from any natural water body, or in an isolated hazard zone such as a paved parking lot. d. Maximum herbicide treatment area. Do not exceed treating 1.0% of the acres of riparian habitat within a 6'-field HUC with herbicides per year. e. Herbicide applicator qualifications. Herbicides may only be applied by an appropriately licensed applicator using an herbicide specifically targeted for a particular plant species that will cause the least impact. The applicator will be responsible for preparing and carrying out the herbicide transportation and safely plan, as follows. f. Herbicide transportation and safety plan. The applicator will prepare and carry out an herbicide safety/spill response plan to reduce the likelihood of spills or misapplication, to take remedial actions in the event of spills, and to fully report the event. g. Herbicides. The only herbicides proposed for use under this opinion are(some common trade names are shown in parentheses):19 i. aquatic imazapyr (e.g., Habitat) ii. aquatic glyphosate (e.g., AquaMaster, AquaPro,Rodeo) iii. aquatic triclopyr-TEA(e.g., Renovate 3) iv. chlorsulfuron(e.g., Telar, Glean, Corsair) V. clopyralid(e.g.,Transline) vi. imazapic(e.g.,Plateau) vii. imazapyr(e.g., Arsenal, Chopper) viii. metsulfuron-methyl (e.g., Escort) 17 Knotweed treatment pre-treatment; See Nickelson(2013). 18 See http://ahmet.ucdavis.edu/limtask/equipmentdetails.btml 19 The use of trade,firm,or corporation names in this opinion is for the information and convenience of the action agency and applicants and does not constitute an official endorsement or approval by the U.S.Department of Commerce or NWS of any product or service to the exclusion of others that may be suitable. NWP-2015-392 Page 13 of 39 Enclosure 4 ix. picloram(e.g.,Tordon) X. sethoxydim(e.g., Poast,Vantage) xi. sulfometuron-methyl(e.g., Oust, Oust XP) h. Herbicide adjuvants. When recommended by the label, an approved aquatic surfactant or drift retardant can be used to improve herbicidal activity or application characteristics. Adjuvants that contain alky amine etholoxylates, i.e.,polyethoxylated tallow amine(POEA), alkylphenol ethoxylates (including alkyl phenol ethoxylate phosphate esters), or herbicides that contain these compounds are not covered by this opinion. The following product names are covered by this opinion: i. Agri-Dex ii. AquaSurf iii. Bond iv. Bronc Max V. Bronc Plus Dry-EDT vi. Class Act NG vii. Competitor viii. Cut Rate ix. Cygnet Plus X. Destiny HC xi. Exciter xii. Fraction xiii. InterLock xiv. Kinetic xv. Level xvi. Liberate xvii. Magnify rviii. One-AP XL xix. Pro AMS Plus XX. Spray-Rite xxi. Superb HC xxii. Tactic Kxiii. Tronic i. Herbicide carriers. Herbicide carriers(solvents) are limited to water or specifically labeled vegetable oil. Use of diesel oil as an herbicide carrier is not covered by this opinion. j. Dyes. Use a non-hazardous indicator dye(e.g., Hi-Light or DynamarkTM)with herbicides within 100 feet of water. The presence of dye makes it easier to see where the herbicide has been applied and where or whether it has dripped, spilled, or leaked. Dye also makes it easier to detect missed spots, avoid spraying a plant or area more than once, and minimize over-spraying(SERA 1997). k. Herbicide mixing. Mix herbicides and adjuvants, carriers, and/or dyes more than 150 feet from any perennial or intermittent water body to minimize the risk of an accidental discharge. i. Tank Mixtures. The potential interactive relationships that exist among most active ingredient combinations have not been defined and are uncertain. Therefore, combinations of herbicides in a tank mix are not covered by this opinion. In. Spill Cleanup Kit. Provide a spill cleanup kit whenever herbicides are used, transported,or stored. At a minimum, cleanup kits will include material safety data sheets, the herbicide label, emergency phone numbers, and absorbent material such as cat litter to contain spills. n. Herbicide application rates. Apply herbicides at the lowest effective label rates. o. Herbicide application methods. Apply liquid or granular forms of herbicides as follows: NWP-2015-392 Page 14 of 39 Enclosure 4 i. Broadcast spraying—hand held nozzles attached to back pack tanks or vehicles, or by using vehicle mounted booms. ii. Spot spraying—hand held nozzles attached to back pack tanks or vehicles,hand-pumped spray, or squirt bottles to spray herbicide directly onto small patches or individual plants. iii. Hand/selective—wicking and wiping, basal bark, fill ("hack and squirt"), stem injection, cut-stump. iv. Triclopyr—will not be applied by broadcast spraying. V. Keep the spray nozzle within four feet of the ground when applying herbicide. If spot or patch spraying tall vegetation more than 15 feet away from the high water mark(HWM), keep the spray nozzle within 6 feet of the ground. vi. Apply spray in swaths parallel towards the project area, away from the creek and desirable vegetation, i.e., the person applying the spray will generally have their back to the creek or other sensitive resource. vii. Avoid unnecessary run off during cut surface,basal bark, and hack- squirt/injection applications. P. Washing spray tanks. Wash spray tanks 300 feet or more away from any surface water. q. Minimization of herbicide drift and leaching. Minimize herbicide drift and leaching as follows: i. Do not spray when wind speeds exceed 10 miles per hour, or are less than 2 miles per hour. ii. Be aware of wind directions and potential for herbicides to affect aquatic habitat area downwind. iii. Keep boom or spray as low as possible to reduce wind effects. iv. Increase spray droplet size whenever possible by decreasing spray pressure,using high flow rate nozzles, using water diluents instead of oil, and adding thickening agents. V. Do not apply herbicides during temperature inversions, or when air temperature exceeds 80 degrees Fahrenheit. vi. Wind and other weather data will be monitored and reported for all broadcast applications. r. Rain. Do not apply herbicides when the soil is saturated or when a precipitation event likely to produce direct runoff to salmon bearing waters from the treated area is forecasted by the NOAA National Weather Service or other similar forecasting service within 48 hours following application. Soil-activated herbicides may follow label instructions.Do not conduct hack-squirt/injection applications during periods of heavy rainfall. S. Herbicide buffer distances. Observe the following no-application buffer-widths, measured in feet, as map distance perpendicular to the bankfull elevation for streams,the upland boundary for wetlands,or the upper bank for roadside ditches. Widths are based on herbicide formula, stream type, and application method, during herbicide applications(Table 3). Before herbicide application begins, flag or mark the upland boundary of each applicable herbicide buffer to ensure that all buffers are in place and functional during treatment. NWP-2015-392 Page 15 of 39 Enclosure 4 Table 3. Herbicide buffer distances by herbicide formula, stream type, and application method. No A lication Buffer Width(feet)_ Streams and Roadside Ditches with Dry Streams,Roadside Ditches,and Herbicide flowing or standing water present and Wetlands Wetlands Broadcast Spot Hand Broadcast Spot Hand Si?ra.in� Spraying Selective Spraying S ra in Selective Labeled for Aquatic Use Aquatic Gl hosate 100 waterline waterline 50 None none Aquatic Imazapw 100 15 waterline 50 None none Aquatic Triclopyr- Not Allowed 15 waterline Not Allowed None none TEA Low Risk to A uatic Oigjaniisms Imazapic 100 15 bell 50 None none elevation Clopyralid 100 15 bankfull 50 None none elevation Metsulfuron-methyl 100 15 bankfull 50 None none elevation Moderate Risk to Aquatic Organisms Imazapyr 100 50 bankfull 50 15 bankfull elevation elevation Sulfometuron-methyl 100 50 5 50 15 bankfall elevation Chlorsulfuron 100 50 bankfull 50 15 bankfull elevation elevation Hi h Risk to Aquatic Organisms Picloram 100 50 1 50 100 50 50 Sethox dim 100 J 50 1 50 100 1 50 50 36. Actions Requiring Stormwater Management20 a. Provide stormwater management for any project that will: i. Increase the contributing impervious area within the project area ii. Construct new pavement that increases capacity or widens the road prism. iii. Reconstructs pavement down to subgrade. iv. Rehabilitate or restore a bridge to repair structural or functional deficiencies that are too complicated to be corrected through normal maintenance, except for seismic retrofits that make a bridge more resistant to earthquake damage 20 The most efficient way for an applicant or the Corps to prepare and submit a stormwater management plan for NMFS' review is to attach a completed Checklist for Submission of a Stormwater Management Plan(the Checklist,ODEQ updated 2012,or the most recent version)with the electronic notification when it is sent to the SLOPES mailbox.However, stormwater conveyance to a DEQ permitted Municipal Separate Storm Sewer System(MS4)or consistency with any other program acknowledged by DEQ as adequate for stormwater management will not meet the requirements of this opinion unless NMFS determines that the facility accepting the stormwater will provide a level of treatment that is equivalent to that called for in this opinion.The Checklist and guidelines for its use are available from NMFS or the ODEQ in Portland Oregon.The latest version of the Checklist is also available online in a portable document format(pdf)through the ODEQ Water Quality Section 401 certification webpage(ODEQ 2014)at http://www.de4.state.or.us/wi.t/sec4Olcert/[ cess.htm#add(see"Post Construction Stormwater Management Plan"). NWP-2015-392 Page 16 of 39 Enclosure 4 (e.g., external post-tensioning, supplementary dampening)but do not affect the bridge deck or drainage. V. Replace a stream crossing vi. Change stormwater conveyance b. Stormwater management is not required for the following pavement actions: minor repairs,patching, chip seal, grind/inlay, overlay or resurfacing(i.e., nonstructural pavement preservation, a single lift or inlay). C. Stormwater management plans will consist of: i. Low impact development. ii. Water quality(pollution reduction)treatment for post-construction stormwater runoff from all contributing impervious area. iii. Water quantity treatment(retention or detention facilities), unless the outfall discharges directly into a major water body(e.g., mainstem Columbia River, Willamette River (downstream of Eugene), large lakes, reservoir, ocean, or estuary). Retention or detention facilities must limit discharge to match pre-developed discharge rates (i.e., the discharge rate of the site based on its natural groundcover and grade before any development occurred)using a continuous simulation for flows between 50% of the 27year event and the 10-year flow event (annual series). d. Stormwater management plans will: i. Explain how runoff from all contributing impervious area that is within or contiguous with the project area will be managed using site sketches, drawings, specifications, calculations, or other information commensurate with the scope of the action. ii. Identify the pollutants of concern. iii. Identify all contributing and non-contributing impervious areas that are within and contiguous with the project area. iv. Describe the BMPs that will be used to treat the identified pollutants of concern, and the proposed maintenance activities and schedule for the treatment facilities. V. Provide a justification for the capacity of the facilities provided based on the expected runoff volume,including, e.g., the design storm,BMP geometry, analyses of residence time,as appropriate. vi. Include the name, email address, and telephone number of the person responsible for designing the stormwater management facilities that NMFS may contact if additional information is necessary to complete the effects analysis. vii. The proposed action will include a maintenance,repair, and component replacement plan that details what needs to be done, when, and by whom for each facility. e. All stormwater quality treatment practices and facilities will be designed to accept and fully treat the volume of water equal to 50%of the cumulative rainfall from the 2- year,24-hour storm for that site, except as follows: climate zone 4—67%; climate zone 5— 75%; and climate zone 9—67% (Figure 1). (ESA-listed species considered in this opinion are unlikely to occur in Zones 5 or 9.)A continuous rainfall/runoff model may be used instead of runoff depths to calculate water quality treatment depth. NWP-2015-392 Page 17 of 39 Enclosure 4 Figure 1. Water Quality Design Storm Factor-Oregon Climate Regions (Oregon Department of Transportation 2008) 4 9 &Awtr DW 0""dm - so% �7S% f. Use low impact development practices to infiltrate or evaporate runoff to the maximum extent feasible. For runoff that cannot be infiltrated or evaporated and therefore will discharge into surface or subsurface waters, apply one or more of the following specific primary treatment practices, supplemented with appropriate soil amendments: i. Bioretention cell ii. Bioslope, also known as an "ecology embankment' iii. Bioswale iv. Constructed wetlands V. Infiltration pond vi. Media filter devices with demonstrated effectiveness. Propriety devices should be on a list of"Approved Proprietary Stormwater Treatment Technologies" i.e., City of Portland (2008) Stormwater Management Manual. Bureau of Environmental Services. vii. Porous pavement,with no soil amendments and appropriate maintenance viii. All stormwater flow control treatment practices and facilities will be designed to maintain the frequency and duration of instream flows generated by storms within the following end-points: 1. Lower discharge endpoint,by U.S. Geological Survey(USGS) flood frequency zone: a. Western Region=42%of 2-year event b. Eastern Region NWP-2015-392 Page 18 of 39 Enclosure 4 i. Southeast,Northeast,North Central=48% of 2-year event ii. Eastern Cascade=56%of 2-year event 2. Upper discharge endpoint a. Entrenchment ratio<2.2 = 10-year event, 24-hour storm b. Entrenchment ratio>2.2 =bank overtopping event g. When conveyance is necessary to discharge treated stormwater directly into surface water or a wetland,the following requirements apply: i. Maintain natural drainage patterns. ii. To the maximum extent feasible, ensure that water quality treatment for contributing impervious area runoff is completed before commingling with offsite runoff for conveyance. iii. Prevent erosion of the flow path from the project to the receiving water and, if necessary,provide a discharge facility made entirely of manufactured elements (e.g.,pipes, ditches,discharge facility protection)that extends at least to OHW. h. NMFS review and approval.NMFS will review proposed stormwater treatment and new or upgraded stormwater outfalls plans. 37. Site Restoration a. Restore any significant disturbance of riparian vegetation, soils, stream banks or stream channel. b. Remove all project related waste; e.g.,pick up trash, sweep roadways in the project area to avoid runoff-containing sediment, etc. C. Obliterate all temporary access roads, crossings, and staging areas. d. Loosen compacted areas of soil when necessary for revegetation or infiltration. e. Although no single criterion is sufficient to measure restoration success, the intent is that the following features should be present in the upland parts of the project area, within reasonable limits of natural and management variation: i. Human and livestock disturbance, if any, are confined to small areas necessary for access or other special management situations. ii. Areas with signs of significant past erosion are completely stabilized and healed, bare soil spaces are small and well-dispersed. iii. Soil movement, such as active rills and soil deposition around plants or in small basins,is absent or slight and local. iv. Native woody and herbaceous vegetation, and germination microsites, are present and well distributed across the site; invasive plants are absent. V. Plants have normal,vigorous growth form, and a high probability of remaining vigorous,healthy and dominant over undesired competing vegetation. vi. Plant litter is well distributed and effective in protecting the soil with little or no litter accumulated against vegetation as a result of active sheet erosion ("litter dams"). vii. A continuous corridor of shrubs and trees appropriate to the site are present to provide shade and other habitat functions for the entire streambank. 38. Revegetation a. Plant and seed disturbed areas before or at the beginning of the first growing season after construction. NWP-2015-392 Page 19 of 39 Enclosure 4 b. Use a diverse assemblage of vegetation species native to the action area or region, including trees, shrubs, and herbaceous species.Vegetation, such as willow, sedge and rush mats,may be gathered from abandoned floodplains, stream channels,etc. When feasible, use vegetation salvaged from local areas scheduled for clearing due to development. C. Use species native to the project area or region that will achieve shade and erosion control objectives, including forb, grass, shrub, or tree species that are appropriate for the site. d. Short-term stabilization measures may include use of non-native sterile seed mix if native seeds are not available, weed-free certified straw,jute matting, and similar methods. e. Do not apply surface fertilizer within 50 feet of any wetland or water body. f. Install fencing as necessary to prevent access to revegetated sites by livestock or unauthorized persons. g. Do not use invasive or non-native species for site restoration. h. Conduct post-construction monitoring and treatment to remove or control invasive plants until native plant species are well-established. i. 39. Actions That Require Compensatory Mitigation a. The Corps will rely on 33 CFR 332.3 when considering appropriate mitigation. The first option for an applicant is to purchase credits from an appropriate mitigation bank. The second option is to purchase credits from an approved in-lieu-fee sponsor. The third option is permittee-responsible mitigation. The fourth option is a combination of some or all of the above options that collectively satisfies the mitigation requirements. b. NMFS will review and approve compensatory mitigation plans. C. The following actions require compensatory mitigation: i. Any stormwater management facility that requires a new or enlarged structure within the riparian zone; or that has insufficient capacity to infiltrate and retain the volume of stormwater called for by this opinion. ii. Any riprap revetment that extends rock above the streambank toe extends the use of riprap laterally into an area that was not previously revetted, or revetment that does not include adequate vegetation and LW. iii. . Any bridge rehabilitation or replacement that does not span the functional floodplain, or causes a net increase in fill within the functional floodplain. d. The electronic notification(Appendix A, Part 1 with Part 4 completed)for an action that requires compensatory mitigation will explain how the Corps or applicant will complete the mitigation, including site sketches, drawings, specifications, calculations, or other information commensurate with the scope of the action. e. Include the name, address, and telephone number of a person responsible for designing this part of the action that NMFS may contact if additional information is necessary to complete the effects analysis. f. Describe practices that will be used to ensure: i. No net loss of habitat function ii. Completion before, or concurrent with, construction whenever possible iii. Achieve a mitigation ratio that is greater than one-to-one and larger(e.g., 1.5 to1.0 when necessary to compensate for time lags between the loss of conservation NWP-2015-392 Page 20 of 39 Enclosure 4 value in the project area and replacement of conservation value in the mitigation area, uncertainty of conservation value replacement in the mitigation area, or when the affected area has demonstrably higher conservation value than the mitigation area.21 iv. When practicable and environmentally sound, mitigation should be near the project impact site,or within the same local watershed and area occupied by the affected population(s) and age classes. Mitigation should be completed prior to or concurrent with the adverse impacts, or have an increased ratio as noted above. V. To minimize delays and objections during the review process, applicants are encouraged to seek the advice of NMFS during the planning and design of mitigation plans. For complex mitigation projects, such consultation may improve the likelihood of mitigation success and reduce permit-processing time. g. For stormwater management: i. The primary habitat functions of concern are related to the physical and biological features essential to the long-term conservation of listed species, i.e.,water quality, water quantity, channel substrate, floodplain connectivity, forage,natural cover (such as submerged and overhanging LW, aquatic vegetation, large rocks and boulders, side channels and undercut banks), space, and free passage. ii. Acceptable mitigation for riparian habitat displaced by a stormwater treatment facility is restoration of shallow-water or off-channel habitat iii. Acceptable mitigation for inadequate stormwater treatment includes providing adequate stormwater treatment where it did not exist before, and retrofitting an existing but substandard stormwater facility to provide capacity necessary to infiltrate and retain the proper volume of stormwater. Such mitigation can be measured in terms of deficit stormwater treatment capacity. h. For riprap: i. The primary habitat functions of concern are related to floodplain connectivity, forage,natural cover, and free passage. ii. Acceptable mitigation for those losses include removal of existing riprap; retrofit existing riprap with vegetated riprap and LW, or one or more other streambank stabilization methods described in this opinion, and restoration of shallow water or off-channel habitats. i. For a bridge replacement: i. The primary habitat functions of concern are floodplain connectivity, forage, natural cover, and free passage. ii. Acceptable mitigation is removing fill from elsewhere in the floodplain— native channel material, soil and vegetation may not be counted as fill. j. Mitigation actions will meet general construction criteria and other appropriate minimization measures (dependent on the type of proposed mitigation). 1.3.1.3 Project Design Criteria- Types of Actions 40. Natural Hazard Response a. A manager of a state, regional, county, or municipal stormwater facility,public 21 For additional information on compensatory mitigation,see Compensatory Mitigation for Losses of Aquatic Resources (33CFR332)at www.poa.usace.army.mil/Portals%34/docs/regulatory/33cfr332.pdf.More information is available from the U.S.Army Corps of Engineers,Portland District,Portland,Oregon.See: http://www.nwp.usace.anny.mil/Missions/Regulatory/Mitigation.aspx NWP-2015-392 Page 21 of 39 Enclosure 4 transportation feature, or utility must initiate a natural hazard response by notifying the Corps.22 The Corps will encourage the applicant to: i. Act as necessary to resolve the initial natural hazard. ii. Without endangering human life or contributing to further loss of property or natural resources, apply all proposed design criteria from this opinion which are applicable to the response to the maximum extent possible. b. The Corps will also contact NMFS as part of the natural hazard response. i. As soon as possible after the onset of the natural hazard, the Corps will require the applicant to contact the Corps and NMFS to describe the nature and location of the natural hazard,review design criteria from this opinion that are applicable to the situation, and determine whether additional steps may be taken to further minimize the effects of the initial response action on listed species or their critical habitat. ii. For the Oregon Coast contact Ken Phippen(541-957-3385), for the Willamette Basin contact Marc Liverman(503-231-2336), and Lower Columbia River up to and including Oregon tributaries contact Jeff Fisher(360-534-9342), and for eastern Oiegon contact Dale Bamhrick(509-962-8911x221). 41. Streambank and Channel Stabilization a. The following streambank stabilization methods may be used individually or in combination: i. Alluvium placement ii. Large wood placement iii. Vegetated riprap with large wood iv. Roughened toe V. Woody plantings vi. Herbaceous cover,in areas where the native vegetation does not include trees or shrubs. vii. Bank reshaping and slope grading viii. Coir logs ix. Deformable soil reinforcement X. Engineered log jams (ELJ) xi. Floodplain flow spreaders xii. Floodplain roughness b. For more information on the above methods see Federal Emergency Management Agency(2009)23 or Cramer et al. (2003).24 Other than those methods relying solely upon woody and herbaceous plantings, streambank stabilization projects should be designed by a qualified engineer that is appropriately registered in the state where the work is performed. 22 Natural hazard response actions do not include federal assistance following a gubernatorial,county or local declaration of emergency or disaster with a request for federal assistance;a federal declaration of emergency or disaster;or any response to an emergency or disaster that takes place on federal property or to a federal asset because those actions are subject to emergency consultation provisions of 50 CFR 402.05 23 htt3://www.fema. ov/pdf/about/re;°ions/ret ionx/En ineering,With Nature Web.E)df 24 htti2://wdfw.wa.gov/publications/00046/wdfw00046.Ddf NWP-2015-392 Page 22 of 39 Enclosure 4 C. Stream barbs and full-spanning weirs are not allowed for stream bank stabilization under this opinion. d. Alluvium Placement can be used as a method for providing bank stabilization using imported gravel/cobble/boulder-sized material of the same composition and size as that in the channel bed and banks,to halt or attenuate streambank erosion, and stabilize riffles. This method is predominantly for use in small to moderately sized channels and is not appropriate for application in mainstem systems. These structures are designed to provide roughness, redirect flow, and provide stability to adjacent streambed and banks or downstream reaches, while providing valuable fish and wildlife habitat. i. NMFS fish passage review and approval.NMFS will review alluvium placement projects that would occupy more than 25%of the channel bed or more than 25%of the bankfull cross sectional area. ii. This design method is only approved in those areas where the natural sediment supply has been eliminated, significantly reduced through anthropogenic disruptions, or used to-initiate or simulate sediment accumulations in conjunction with other structures, such as LW placements and ELJs. iii. Material used to construct the toe should be placed in a manner that mimics attached longitudinal bars or point bars. iv. Size distribution of toe material will be diverse and predominately comprised of D84 to D.,ax size class material. V. Spawning gravels will constitute at least one-third of the total alluvial material used in the design. vi. Spawning gravels are to be placed at or below an elevation consistent with the water surface elevation of a bankfull event. vii. Spawning size gravel can be used to fill the voids within toe and bank material and placed directly onto stream banks in a manner that mimics natural debris flows and erosion. viii. All material will be clean alluvium with similar angularity as the natural bed material. When possible use material of the same lithology as found in the watershed. Reference Stream Simulation:An Ecological Approach to Providing Passage for Aquatic Organisms at Road-Stream Crossings(USDA-Forest Service 2008)to determine gravel sizes appropriate for the stream. ix. Material can be mined from the floodplain at elevations above bankfull,but not in a manner that will cause stranding during future-flood events. X. Crushed rock is not permitted. xi. After placement in areas accessible to higher stream flow, allow the stream to naturally sort and distribute the material. xii. Do not place material directly on bars and riffles that are known spawning areas,which may cause fish to spawn on the unsorted and unstable gravel,thus potentially resulting in redd destruction. xiii. Imported material will be free of invasive species and non-native seeds. If necessary, wash prior to placement. e. Large Wood Placements are defined as structures composed of LW that do not use mechanical methods as the means of providing structure stability(i.e., large rock,rebar, rope, cable, etc.). The use of native soil, alluvium with similar angularity as the natural bed material,large wood,or buttressing with adjacent trees as methods for providing structure stability are authorized. This method is predominantly for use in small to moderately sized channels and is not appropriate for application in mainstem systems. These structures are NWP-2015-392 Page 23 of 39 Enclosure 4 designed to provide roughness, redirect flow, and provide stability to adjacent streambed and banks or downstream reaches, while providing valuable fish and wildlife habitat. i. NMFS fish passage review and approval.NMFS will review LW placement projects that would occupy greater than 25%of the bankfull cross section area. ii. Structure shall simulate disturbance events to the greatest degree possible and include,but not be limited to, log jams, debris flows, wind-throw, and tree breakage. iii. Structures may partially or completely span stream channels or be positioned along stream banks. iv. Where structures partially or completely span the stream channel LW should be comprised of whole conifer and hardwood trees, logs, and rootwads. LW size (diameter and length)should account for bankfull width and stream discharge rates. V. Structures will incorporate a diverse size(diameter and length) distribution of rootwad or non-rootwad,trimmed or untrimmed,whole trees, logs, snags, slash, etc. vi. For individual logs that are completely exposed,or embedded less than half their length, logs with rootwads should be a minimum of 1.5 times bankfull channel width,while logs without rootwads should be a minimum of 2.0 times bankfull width. vi. Consider orienting key pieces such that the hydraulic forces upon the LW increase stability. f. Vegetated riprap with large wood(LW) i. NMFS will review and approve bank stabilization projects that use vegetated riprap with LW. ii. When this method is necessary, limit installation to the areas identified as most highly erodible, with highest shear stress, or at greatest risk of mass-failure, and provide compensatory mitigation. The greatest risk of mass-failure will usually be at the toe of the slope and will not extend above OHW elevation except in incised streams. iii. Do not use invasive or non-native species for site restoration. iv. Remove or control invasive plants until native plant species are well- established. V. Do not apply surface fertilizer within 50-feet of any stream channel. vi. Install fencing as necessary to prevent access to revegetated sites by livestock or unauthorized persons. vii. Vegetated riprap with LW will be installed as follows: 1. When present,use natural hard points, such as large, stable trees or rock outcrops, to begin or end the toe of the revetment. 2. Develop rock size gradations for elevation zones on the bank, especially if the rock will extend above OHW—the largest rock should be placed at the toe of the slope,while small rock can be used higher in the bank where the shear stress is generally lower. Most upper bank areas will not require the use of any rock but can depend on the vegetation for erosion protection. 3. For bank areas above OHW where rock is still deemed necessary, mix rock with soil to provide a better growing medium for plants. 4. Minimum amount of wood incorporated into the treated area, for mitigation of riprap, is equal to the number of whole trees whose cumulative summation of rootwad diameters is equal to 80% of linear-feet of treated NWP-2015-392 Page 24 of 39 Enclosure 4 streambank or 20% of the treated area(square feet) of streambank, whichever is greater. 5. Where whole trees are not used(i.e., snags, logs, and partial trees)designers are required to estimate the dimensions of parent material based on rootwad diameter, and calculating a cumulative equivalency of whole trees. 6. LW should be distributed throughout the structure(not just concentrated at the toe)to engage flows up to the bankfull flow. LW placed above the toe may be in the form of rootwad or non-rootwad,trimmed or untrimmed,whole trees, logs, snags, slash, etc. Maximize the exposure of wood to water by placing and orienting wood to project into the water column up to the bankfull elevation. 7. Develop an irregular toe and bank line to increase roughness and habitat value. 8. Use LW and irregular rock to create large interstitial spaces and small alcoves to create planting spaces and habitat to mitigate for flood-refuge impacts—do not use geotextile fabrics as filter behind the riprap whenever possible, if a filter is necessary to prevent sapping, use a graduated gravel filter. 9. Structure toe will incorporate LW with intact rootwads. Minimum spacing between rootwads placed at the toe will be no greater than an average rootwad diameter. 10. Minimum rootwad diameter for LW placed at the toe of the structure shall be 1.0 times the bankfull depth,unless LW availability constrains the project to a smaller rootwad size. Where rootwad size is constrained due to availably,the largest diameter rootwads available should be used. 11. LW placed at the toe will be sturdy material, intact,hard, and undecayed and should be sized or embedded sufficiently to withstand the design flood. 12. Space between root wads may be filled with large boulders, trimmed or untrimmed, whole trees, logs, snags, slash, etc. When used, diameter of boulders placed between toe logs with rootwads should be 1.5 to 2.0 times log diameter at breast height(dbh)of adjacent toe logs. A reasonable maximum rock size is 5-6 feet in diameter. 13. Plant woody vegetation in the joints between the rocks to enhance streambank vegetation. 14. Where possible,use terracing, or other bank shaping,to increase habitat diversity. 15. When possible,create or enhance a vegetated riparian buffer. viii. Monitor vegetated riprap each year following installation by visual inspection during low flows to examine transitions between undisturbed and treated banks to ensure that native soils above and behind the riprap are not collapsing, sinking, or showing other evidence of piping loss or movement of rock materials; and the overall integrity of the riprap treatment,including: 1. Loss of rock materials 2. Survival rate of vegetation 3. Anchoring success of LW placed in the treatment. 4. Any channel changes since construction. g. Roughened toe i. Where designs use any of the approved streambank stabilization methods NWP-2015-392 Page 25 of 39 Enclosure 4 outlined in this section, in lieu of lining the bank with riprap above the toe,the design of any rock-filled toe will adhere to project criteria outlined in(f)Ve,etated riprap with lar--e wood(7-15,from above). ii. Minimum amount of wood incorporated into the treated area, for mitigation of riprap, is equal to the number of whole trees whose cumulative summation of rootwad diameters is equal to 80%of linear-feet of treated streambank. h. Engineered log jams (ELJ).ELJs are structures composed of LW with at least three key members and incorporating the use of any mechanical anchoring system(i.e., rebar, rope, angular or large rock, etc.).Native soil, simulated streambed and bank materials,wood, or buttressing with adjacent trees, are not mechanical anchoring systems. ELJs are designed to redirect flow,provide roughness, and provide stability to adjacent streambed and banks or downstream reaches,while providing valuable fish and wildlife habitat. i. NMFS fish passage review and approval.NMFS will review proposed ELJ projects. ii. ELJs will be patterned,to the greatest degree possible, after stable natural log jams. iii. Stabilizing or key pieces of LW will be intact and solid (little decay). If possible, acquire LW with untrimmed rootwads to provide functional refugia habitat for fish. i. If LW mechanical anchoring is required, a variety of methods may be used. These include large angular rock,buttressing the wood between adjacent trees, the use of manila, sisal or other biodegradable ropes for lashing connections. If hydraulic conditions warrant use of structural connections, rebar pinning or bolted connections,may be used. Use of cable is not covered by this opinion. j. When a hole in the channel bed caused by local scour will be filled with rock to prevent damage to a culvert,road, or bridge foundation,the amount of rock will be limited to the minimum necessary to protect the integrity of the structure. k. When a footing, facing,head wall,or other protection will be constructed with rock to prevent scouring or down-cutting of, or fill slope erosion or failure at, an existing culvert or bridge,the amount of rock used will be limited to the minimum necessary to protect the integrity of the structure. Whenever feasible,include soil and woody vegetation as a covering and throughout the structure. 42. Road Maintenance, Rehabilitation and Replacement a. All maintenance and rehabilitation actions shall observe applicable criteria detailed in the most recent version of NMFS fish passage criteria i. Projects affecting fish passage shall adhere to industry design standards found in the most recent version of any of the following: 1. Water Crossings Design Guidelines (Barnard et al. 2013)25 2. Part XII, Fish Passage Design and Implementation, Salmonid Stream Habitat Restoration Manual(California Department of Fish and Game 2009)26 3. Stream Simulation:An Ecological Approach to Providing Passage for.Aquatic Organisms at Road-Stream (USDA-Forest Service 2008)27 25 http://wdfw.wa.gov/publications/01501/ 26 https://nrm.dfg.ca.gov/FileHandler.ashx?Document1D=12512 27 http://stream.fs.fed.us/fishxing/aop_pdfs.htm] NWP-2015-392 Page 26 of 39 Enclosure 4 4. Or other design references approved by NMFS. ii. Routine road surface, culvert and bridge maintenance activity will be completed in accordance with the ODOTRoutine Road Maintenance: Water Quality and Habitat Guide Best Management Practices (ODOT 2009) or the most recent version approved by NMFS, unless maintenance activities and practices in that manual conflict with PDC in this opinion. 1. Any conflict between ODOT(2009) and this opinion(e.g., stormwater management for maintenance yards, erosion repair related to use of riprap, dust abatement, and use of pesticides)will be resolved in favor of PDC in this opinion. b. Grade stabilization i. Grade control materials may include both rock and LW. Material shall not in any part consist of gabion baskets, sheet piles,concrete, articulated concrete blocks, or cable anchors. ii. Grade control shall be provided using morphologically-appropriate constructed riffles for riffle-pool morphologies,rough constructed riffles/ramps for plane bed morphologies, wood/debris jams,rock bands, and boulder weirs for step-pool morphologies, and roughened channels for cascade morphologies. iii. LW placements and ELJs may be used to control grade individually or together with other grade control methods by simulating natural logjams and debris accumulation that traps sediment and creates forced, riffle-pool, step-pool, or cascade- pool morphologies. iv. Stream banks and bed shall be designed to be immobile at the design event to reduce undermining and flanking. V. The crest of channel spanning structures will be slightly sloped on either side,with the low point in the center, to direct flows to the middle of channel and away from streambanks. Install these structures low in relation to channel'dimensions so that they are completely overtopped during channel-forming flow events (approximately a 1.0-to 1.5-year flow event). vi. Construct boulder weir structures in a `V' or `U' shape, oriented with the apex upstream. vii. Key all structures into the streambed at a depth which minimizes structure undermining due to scour, at least 2.5 times their exposure height, or the Lower Vertical Adjustment Potential (LVAP)line with an offset of 2 times D9o, whichever is deeper. 1. LVAP, and 2 rimes D90 offset, as calculated in Stream Simulation:An ecological approach to providing passage for aquatic organisms at road crossings(USDA-Forest Service 2008). viii. Structures should be keyed into both banks—if feasible greater than 8 feet. ix. If several drop structures will be used in series, space them at the appropriate distances to promote fish passage of target species and life histories. Incorporate NMFS (2011 a)fish passage criteria(jump height,pool depth, etc.) in the design of drop structures. X. Recommended spacing for boulder weirs should be no closer than the net drop divided by the channel slope(for example, a one-foot high step structure designed with a project slope of two-percent gradient will have a minimum spacing of 50-feet [1/0.02]). Maximum project slope for boulder weir designs is 5%. NWP-2015-392 Page 27 of 39 Enclosure 4 xi. A series of short steep rough ramps/chutes,cascades, or roughened channel type structures,broken up by energy dissipating pools, are required where project slope is greater than 5%. C. Rock Structures i. Rock structures will be constructed out of a mix of well-graded boulder, cobble, and gravel, including the appropriate level of fines,to allow for compaction and sealing to ensure minimal loss of surface flow through the newly placed material. ii. Rock sizing depends on the size of the stream,maximum depth of flow, plan form, entrenchment, and ice and debris loading. iii. The project designer or an inspector experienced in these structures should be present during installation. iv. To ensure that the structure is adequately sealed,no sub-surface flow will be present before equipment leaves the site. V. Rock shall be durable and of suitable quality to assure long-tern stability in the climate in which it is to be used. i. Where feasible, channel spanning structures should be coupled with LW to improve habitat complexity of riparian areas. d. Structure Stabilization i. When a footing, facing,head wall, or other protection will be constructed with rock to prevent scouring or down-cutting of, or fill slope erosion or failure at, an existing culvert or bridge, the amount of rock used is limited to the minimum necessary to protect the integrity of the structure. Include soil,vegetation, and wood throughout the structure to the level possible. e. Road-stream crossing replacement or retrofit i. Projects shall adhere to industry design standards found in the most recent version any of the following: 1. Water Crossings Design Guidelines(Barnard et al. 2013)28 2. Part XII, Fish Passage Design and Implementation, Salmonid Stream Habitat Restoration Manual(California Department of Fish and Game 2009)29 3. Stream Simulation:An Ecological Approach to Providing Passage for Aquatic Organisms at Road-Stream(USDA-Forest Service 2008)'o 4. Or other design references approved by NMFS. i. General road-stream crossing criteria 1. Span a. Span is determined by the crossing width at the proposed streambed grade. b. Single span structures will maintain a clear,unobstructed opening above the general scour elevation that is at least as wide as 1.5 times the active channel width.3 28 http://wdfw.wa.gov/publications/01501/ 29 https://nrm.dfg.ca.gov/Fi]eHandier.ashx?DocumentID=12512 30 http://stream.fs.fed.us/fishxinglaop_pdfs.html 31 Active channel width means the stream width measured perpendicular to stream flow between the OHW lines,or at the channel bankfull elevation if the OHW lines are indeterminate.This width includes the cumulative active channel width of all individual side-and off-channel components of channels with braided and meandering forms,and measure outside the area influence of any existing stream crossing,e.g.,five to seven channel widths upstream and downstream. NWP-2015-392 Page 28 of 39 Enclosure 4 C. Multi-span structures will maintain clear,unobstructed openings above the general scour elevation(except for piers or interior bents)that are at least as wide as 2.2 times the active channel width. d. Entrenched streams: If a stream is entrenched (entrenchment ratio of less than 1.4), the crossing width will accommodate the flood prone width. Flood prone width is the channel width measured at twice the maximum bankf ill depth(Rosgen 1996). e. Minimum structure span is 6 feet. 2. Bed Material a. Install clean alluvium with similar angularity as the natural bed material,no crushed rock. b. Bed material shall be designed based on the native particle size distribution of the adjacent channel or reference reach, as quantified by a pebble count. C. Rock band designs as detailed in Water Crossings Design Guidelines(Barnard et al. 2013) are authorized. d. Bed material in systems where stream gradient exceeds 3%may be conservatively sized to resist movement. 3. Scour Prism a. Designs shall maintain the general scour prism, as a clear, unobstructed opening(i.e.,free of any fill, embankment, scour countermeasure, or structural material to include abutments, footings, and culvert inverts).No scour or stream stability countermeasure may be applied above the general scour elevation.32 . a. The lateral delineation of the scour prism is defined by the criteria span. 11 b. The vertical delineation of the scour prism is defined by the Lower Vertical Adjustment Potential(LVAP)with an additional offset of 2 times D9o, as calculated in Stream Simulation:An ecological approach to providing passage for aquatic organisms at road crossings (USDA-Forest Service 2008). b. When bridge abutments or culvert footings are set back beyond the applicable criteria span they are outside the scour prism. 4. Embedment a. All abutments,footings, and inverts shall be placed below the thalweg a depth of 3 feet, or the LVAP line with an offset of 2 times D9o,whichever is deeper. i. AP, and 2 times D90 offset, as calculated in Stream Simulation:An ecological approach to providing passage for aquatic organisms at road crossings (USDA-Forest Service 2008). b. In addition to embedment depth, embedment of closed bottom culverts shall be between 30%and 50%of the culvert rise. 32 For guidance on how to complete bridge scour and stream stability analysis,see Lagasse et al.(2012)(HEC-20),Lagasse et al.(2001)(HEC-23),Richardson and Davis(2001)(HEC-18),ODOT(2011),and AASHTO(2013). NWP-2015-392 Page 29 of 39 Enclosure 4 5. Bridges a. Primary bridge structural elements will be concrete, metal, fiberglass, or untreated timber. The use of treated wood for bridge construction or replacement is not part of this proposed action. The use of treated wood for maintenance and repair of existing wooden bridges is part,of the proposed action if in conformance with project design criterion 29. b. All concrete will be poured in the dry, or within confined waters not connected to surface waters, and will be allowed to cure a minimum of 7 days before contact with surface water as recommended by Washington State Department of Transportation(2010). C. Riprap may only be placed below bankfull height of the stream when necessary for protection of abutments and pilings. The amount and placement of riprap will not constrict the bankfull flow. d. Temporary work bridges will also meet the latest version of NMFS (2011 a)criteria. iii. The electronic notification for each permanent stream crossing replacement will contain the following: 1. Site sketches, drawings, aerial photographs, or other supporting specifications, calculations, or information that is commensurate with the scope of the action,that show the active channel,the 100-year floodplain, the functional floodplain, any artificial fill within the project area,the existing crossing to be replaced, and the proposed crossing. 2. A completed scour and stream stability analysis for any crossing that includes scour or stream stability countermeasures within the crossing opening that shows the general scour elevation and the local scour elevation for any pier or interior bent. 3. The name, address, and telephone number of a person responsible for designing this part of the action that NMFS may contact if additional information is necessary to complete the effects analysis. f. NMFS fish passage review and approval.The Corps will not issue a permit to install,replace,or improve a road-stream crossing, step structure, fish ladder, or projects containing grade control, stream stability, or headcut countermeasures,until the action has been reviewed and approved by NMFS for consistency with NMFS's fish passage criteria(NMFS 2011 a). 43. Utility Line Stream Crossings a. Design utility line stream crossings in the following priority: i. Aerial lines, including lines hung from existing bridges. ii. Directional drilling,boring and jacking that spans the channel migration zone and any associated wetland. iii. Trenching—this method is restricted to intermittent streams and may only be used when the stream is naturally dry, all trenches will be backfilled below the OHW line with native material and capped with clean gravel suitable for fish use in the project area. b. Align each crossing as perpendicular to the watercourse as possible. Ensure that the drilled,bored or jacked crossings are below the total scour prism. NWP-2015-392 Page 30 of 39 Enclosure 4 C. Any large wood displaced by trenching or plowing will be returned as nearly as possible to its original position, or otherwise arranged to restore habitat functions. d. Any action involving a stormwater outfall will meet the stormwater management criteria.33 e. NMFS will review new or upgraded stormwater outfalls. 33 The most efficient way for an applicant or the Corps to prepare and submit a stormwater management plan for NMFS' review is to attach a completed Checklist for Submission of a Stormwater Management Plan(the Checklist,ODEQ updated 2012,or the most recent version)with the electronic notification when it is sent to the SLOPES mailbox.However, stormwater conveyance to a DEQ permitted Municipal Separate Storm Sewer System(MS4)or consistency with any other program acknowledged by DEQ as adequate for stormwater management will not meet the requirements of this opinion unless NMFS determines that the facility accepting the stormwater will provide a level of treatment that is equivalent to that called for in this opinion.The Checklist and guidelines for its use are available from NMFS or the ODEQ in Portland Oregon.The latest version of the Checklist is also available online in a portable document format(pdf)through the ODEQ Water Quality Section 401 certification webpage(ODEQ 2014)at htt_[):/_/www.de�i.state.or.us/w(/sec40lcert/srocess.htm#add(see"Post Construction Stormwater Management Plan"). NWP-2015-392 Page.31 of 39 Enclosure 4 Appendix A: Guidelines and Forms E-mail Guidelines The SLOPES V programmatic e-mail box(slopes.nwrAnoaa.gov)is to be used for actions submitted to the National Marine Fisheries Service (NMFS)by the Federal Action Agencies for formal consultation(50 CFR§ 402.14)under SLOPES V Roads,Culverts,Bridges,and Utility Lines. The Corps must ensure the final project is being submitted to avoid multiple submittals and withdrawals.In rare occurrences,a withdrawal maybe necessary and unavoidable.In this situation,please specify in the e-mail subject line that the project is being withdrawn.There is no form for a withdrawal,simply state the reason for the withdrawal and submit to the e-mail box,following the email titling conventions. If a previously withdrawn notification is resubmitted later,this resubmittal will be regarded as a new action notification. An automatic reply will be sent upon receipt,but no other communication will be sent from the programmatic e- mail box;this box is used for Incoming Onl,,.All other pre-decisional communication should be conducted outside the use of the slopes.nwrAnoaa.gov e-mail. The Federal Action Agency will send only one project per e-mail submittal,and will attach all related documents. These documents will include the following: 1. Action implementation Form,containing Action Notification,Action Completion,and Fish Salvage and Site Restoration/Compensatory Mitigation reports(if fish salvage and/or site Restoration/Compensatory Mitigation is conducted. 2. Map(s) and project design drawings(if applicable); 3. Final project plan. The Corps shall ensure that NMFS receives a Fish Salvage reports(if fish salvage is conducted) and Action Completion,within 10 days after fish salvage and 60 after in-water work completion,respectively. E-mail Titlina Conventions In the subject line of the email(see below for requirements),clearly identify which SLOPES V programmatic you are submitting under(Restoration,In-water/Over-water Structures,or Transportation),the specific submittal category(30-day approval,no approval,project completion,withdrawal, or salvage report),the Corps Permit Number,the Applicant Name,County,Waterway,and State Use caution when entering the necessary information in the subject line.If these titling conventions are not used,the e-mail will not be accepted.Ensure that you clearly identify: 1. Which SLOPES V programmatic you are submitting under(Restoration,In-water/Over-water Structures,or Transportation); 2. The specific submittal category(30-day approval,no approval,action completion,withdrawal, salvage report,or site restoration/compensatory mitigation); 3. Corps Permit number; 4. Applicant Name(you may use last name only, or commonly used abbreviations); 5. County; 6. Waterway; and 7. State. NWP-2015-392 Page 32 of 39 Enclosure 4 Examples: SLOPES V Programmatic—Specific Submittal Category,Corps Permit#,Applicant Name,County, Waterway, State Action Noti ication Transportation No Approval, 200600999,Smith,Multnomah, Willamette, Oregon Transportation_30-day Approval, 200600999, Smith,Multnomah, Willamette, Oregon Proiect Comi letion Banks_Completion, 200600999, Smith,Multnomah, Willamette, Oregon Major Hazard Response Retort Banks Major Hazard Response, 200600999, Smith,Multnomah, Willamette;Oregon Salvage Report Union Creek culvert Salvage, 200600999, Smith, Multnomah, Willamette, Oregon Withdrawal Transportation—Withdrawal, 200600999, Smith,Multnomah, Willamette, Oregon Project Description Please provide enough information for NMFS to be able to determine the effects of the action and whether the project fits the SLOPES V Roads,Culverts,Bridges,and Utility Lines criteria.Attach additional sheets if necessary. The project description should include information such as(but not limited to): o Proposed in-water work including timing and duration o Work area isolation and salvage plan including pumping,screening,electroshocking,fish handling, etc. o Discussion of alternatives considered NWP-2015-392 Page 33 of 39 Enclosure 4 ACTION IMPLEMENTATION FORM INSTRUCTIONS NMFS Review and Aimroval.The Corps project manager shall submit this form with the Action Notification portion completed to NMFS at slopes.nwr@noaa.gov for notification or approval. ' The Following Actions Require Approval from NMFS.NMFS will notify the Corp within 30 calendar days if the actions are approved or disqualified. a. Fish screens on pump intakes for dewatering at a rate that exceeds 3 cfs (PDC 34) b. Stormwater facilities(PDC 36&43) c. New or upgraded stormwater outfalls(PDC 36& 43) d. Compensatory mitigation(PDC 39) e. Alluvium placement that occupies more than 25%of the channel bed or more than 25%of the bankfull cross sectional area(PDC 41 d) f. LW placement that occupies greater than 25%of the bankfull cross section area(PDC 41 e) g. Vegetated rip rap with L W(PDC 41 f) h. Engineered logjams(PDC 41h) i. Grade stabilization(PDC 42b) j. Road-stream crossing replacement or retrofit(42e) k. Fish passage restoration 1. Restoration of a historic stream channel m. Blasting n. Earthwork at an EPA-designated Superfund Site,a state-designated clean-up area,or in the likely impact zone of a significant contaminant source,as identified by historical o. information or the Corps'best professional judgment p. Modification or variance of any requirement Attach information to e-mail message if required or relevant to NMFS's review: • Erosion and pollution control plan • Engineering designs • Site assessment for contaminants to identify the type,quantity,and extent of any potential contamination The Following Actions Do Not Require Approval from NMFS.Any action that involves (a)major hazard response; (b)streambank and channel stabilization; (c)routine road surface,culvert and bridge maintenance activity;or(d)utility line crossings;do not require NMFS approval. Proiect Reporting.The Corps project manager shall submit the following reports as necessary: Action Completion Reporting. It is the applicant's responsibility to submit this form to the Corps within 60 days of completing all work below ordinary high water(OHW).Upon receipt,the Corps will resubmit this form with the Action Completion Report portion completed to NMFS at slopes.nwrna,noaa.Qov.If it is a Corps project,the Corps shall complete and submit this form within 60 days of completing the project. Maior hazard response reportin .It is the applicant's responsibility to submit this form to the Corps within 30 days of completing all work below OHW.Upon receipt,the Corps will resubmit this form with the Action Completion Report portion completed to NMFS at slopes.nwr(a-),noaa..gov.If it is a Corps project,the Corps shall complete and submit this form within 30 days of completing the project. NWP-2015-392 Page 34 of 39 Enclosure 4 Fish Salvaze Renortinr.It is the applicant's responsibility to submit this form to the Corps within 60 days of completing a capture and release as part of an action completed under SLOPES V Transportation.Upon receipt,the Corps will resubmit this form with the Fish Salvage Report portion completed with the following information to NMFS at slopes.nwr ,noaa.gov. If it is a Corps project,the Corps shall complete and submit this form within 60 days of completing fish salvage operations. NWP-2015-392 Page 35 of 39 Enclosure 4 1. ACTION COMPLETION REPORT The applicant shall submit this form to the Corps within 60 days of completing all work below ordinary high water(OHW).The Corps shall submit this form to NMFS at slopes.nwrAmoaa.gov upon receipt from the applicant. If it is a Corps project,the Corps shall submit this form within 60 days of completing all work below OHW. Actual Start and End Dates for the Start: End: Completion of In-water Work: Actual Linear-feet of Riparian and/or Channel Modification within 150 feet of OHW Actual Acreage of Herbicide Treatment _ Turbidity Monitoring/Sampling Complete ❑ Yes (include details below) ❑ No Please include the following: 1. Attach as-built drawings for any action involving a riprap revetment, stormwater management facility, or a bridge rehabilitation or replacement. 2. Attach photos of habitat conditions before, during, and after action completion. 3. Describe compliance with fish screen criteria, as defined below, for any pump used. 4. Summarize results of pollution and erosion control inspections, including any erosion control failure, contaminant release, and correction effort. 5. Describe number,type and diameter of any pilings removed or broken during removal. 6. Describe any riparian area cleared within 150 feet of OHW. 7. Describe turbidity monitoring(visual or by turbidimeter)including dates,times and location of monitoring and any exceedances and steps taken to reduce turbidity observed. 8. Describe site restoration. If the l roiect was a Maior Hazard Response. ALSO include the following: 1. Name of the major hazard event. 2. Type of major hazard. 3. Name of the public transportation district manager that declared the response necessary. 4. NMFS staff contacted, with date and time of contact. 5. Description of the amount and type of riprap or other material used to repair a culvert,road, or bridge. 6. Assess the effects of the initial response to listed species and critical habitats. 7. Summary of the design criteria followed and not followed. 8. Remedial actions necessary to bring the initial response into compliance with design criteria in this opinion. NWP-2015-392 Page 36 of 39 Enclosure 4 2. FISH SALVAGE REPORT If applicable: The applicant shall submit a completed Fish Salvage Report and Fish Salvage Data Table(see below)to the Corps within 60 days of completing a capture and release as part of an action completed under SLOPES V Transportation.The Corps will submit the report to NMFS at slopes.nwr@noaa.g upon receipt from the applicant. If it is a Corps project,the Corps shall submit this form to NMFS within 60 days of completing a capture and release event. Date(s)of Fish Salvage Operation(s): Supervisory Fish Biologist: Address Telephone Number Describe methods that were used to isolate the work area and remove fish NWP-2015-392 Page 37 of 39 Enclosure 4 Fish Salva;;e Data Water Temperature: Air Temperature: Time of Day: ESA-Listed Species Number Handled Number Injured Number Killed Juvenile Adult Juvenile Adult Juvenile Adult Lower Columbia River Chinook Upper Willamette River Chinook Upper Columbia River spring-run Chinook Snake River spring/summer run Chinook Snake River fall-run Chinook Chinook,unspecified Columbia River chum Lower Columbia River coho Oregon Coast coho Southern Oregon/Northern California Coasts coho Snake River sockeye Lower Columbia River steelhead Upper Willamette River steelhead Middle Columbia River steelhead Upper Columbia River steelhead Snake River Basin steelhead Steelhead,unspecified Southern green sturgeon Eulachon NWP-2015-392 Page 38 of 39 Enclosure 4 3. SITE RESTORATION/COMPENSATORY MITIGATION By December 31 of any year in which the Corps approves that the site restoration or compensatory mitigation is complete, the Corps,will submit a complete a Site Restoration/Compensatory Mitigation Reporting Form, or its equivalent,with the following information to NMFS at slo�)es.nwr(a noaa.g=ov. Describe location of mitigation or restoration work. Summarize the results of mitigation or restoration work completed. NWP-2015-392 Page 39 of 39 Enclosure 4 NOTIF1CAT ION OF A DL•IIINISTI_ZATII'F APPE AL OPTIONS .kND PROCESS AND REQCiFST FOIL APPEAL Applicant: TC Tigard, LLC c/o Trammell Crow File Number:NWP-2015-392 Date: October 11, Company 2016 Attached is: See Section below X INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT(Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E -SECTION I -The following identifies your rests and options regarding an adminisuAtive appeal of the above decision. Additional information maybe found mi Corps,regulations at-33-CFR Part 331.,or at lttf IOwww. ill issinra..slCt,�,iIWor-k&/Re laL r. P: -animidPennits/FederaIRM� dation.as x A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section R of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a) modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terns and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. NWP-2015-392 Enclosure 5 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD(which may be appealed),by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SI; .TI R.-�iE LTESTFOR APPEAL or OB]ECT1ONS TO AN INITIAL.PROFF'ERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, �ou may provide additional information to clan& the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTiONS OR INFORMATION: _ If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Mr. Shawn H.Zinszer US Army Corps of Engineers,Northwestern Division U.S.Arany Corps of Engineers Attn: Mary Hoffman,Regulatory Appeals Review Officer Portland District Office P.O.Box 2870 PO Box 2946 Portland,OR 97208-2870 Telephone(503)808-3888 Portland OR 97208-2946 Marv.J.Hoffman a usace.arm_ .mil NWP-2015-392 Enclosure 5 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. NWP-2015-392 Enclosure 5 ATTACHMENT T-DSL PERMIT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 349 Page ATTACHMENT U-RAILROAD FLAGGING AND ON-TRACK PROTECTIVE SERVICES AGREEMENT CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 350 1 Page FLAGGING AND ON-TRACK PROTECTIVE SERVICES AGREEMENT This agreement(the"Agreement") is entered into between PORTLAND&WESTERN RAILROAD,INC.,whose address is 3220 State Street, Suite 200,Salem,Oregon 97301 ("Railroad")and ,a corporation whose address is . ("Customer"). WHEREAS,Railroad provides railroad flagging and on-track protective services for construction projects that impact its rail lines;and WHEREAS,Customer's construction project requires railroad flagging and on-track protective services from Railroad,and Railroad desires to perform such services upon the terms and conditions as set forth herein. NOW,THEREFORE,FOR AND IN CONSIDERATION of the mutual terms and conditions stated below,Customer and Railroad agree as follows: 1. Description of Services.Railroad,through its employees or subcontractors,shall provide flagging and on-track protective services(the"Services")for Customer's project described as follows: _ ,at or near Mile Post . at or near Station, District,County of in the State of Oregon(the"Job Site").Railroad shall provide all personnel and equipment needed to perform the Services for work at customer's Job Site.Customer agrees that all its employees engaged in work or otherwise present at the Job Site shall follow all instructions and directions of Railroad's officers,agents,employees or subcontractors regarding on-track safety. 2. Payment. Railroad will be compensated for a minimum of eight(8)hours per day for the Services performed by Railroad or its subcontractors.Railroad will bill Customer on an hourly basis for the Services performed by its employees or subcontractor on the Job Site as well as their travel time to the Job Site.Railroad will also bill Customer for all costs incurred in providing the Services including,but not limited to,lodging,meals,professional oversight,administration,and billing time. Current rates are$100.00 per hour for Services performed by a Railroad employee,or Railroad's subcontractor's actual invoice plus a 15%surcharge. Customer agrees to pay all Railroad charges in full within 30 days of the date appearing on Railroad's invoice.A late payment penalty will be assessed on all past due charges in the amount of 18%per annum(or 1 '/2%per month)on the then outstanding balance. 3. Scheduling and Availabilit% of Railroad Reoresentatives. Railroad shall endeavor to perform all Services requested by Customer.However,due to the high demand for the Services,Railroad does not guarantee that all requested Services shall be provided and the parties agree that all project scheduling must be confirmed by mutual agreement of the parties. 4. Limitation of Liability.Customer agrees to and shall indemnify and hold harmless Railroad,its respective officers, agents, employees and subcontractors from and against any and all claims,demands,losses,damages,causes of action,suits and liabilities of every kind(including reasonable attorneys'fees,court costs,and other expenses related thereto)for injury to or death of a person or for loss of or damage to any property,arising out of or in connection with any work done,action taken or permitted by Customer,its contractors,subcontractors,agents or employees under this Agreement.It is the express intention of the parties hereto that the indemnity provided for in this paragraph indemnifies Railroad for its negligence,whether that negligence is active or passive,or is the sole or a concurring cause of the injury,death or damage;provided that said indemnity shall not protect Railroad from liability for death, injury or damage arising solely out of the criminal actions of Railroad,their respective officers,agents or employees. Railroad shall not be liable to Customer for any consequential,indirect,incidental,exemplary,special or punitive damages of any kind arising from this Agreement. The term"Railroad"as used in this section shall also include the successors,assigns and all affiliated companies of Railroad,and any other railroad company operating upon Railroad's tracks. FLAGGING AND ON-TRACK PROTECTIVE SERVICES AGREEMENT Revised 11/29/16 Page 1 of3 5. Termination.Either party may terminate this Agreement on 24 hours written notice to the other at the address provided in the first paragraph of this Agreement.Termination may be with or without cause.All charges for the Services and costs incurred by Railroad on Customer's account are due and owing upon termination of this Agreement. 6. Railroad Independent Contractor Status.Railroad shall perform the Services as an independent contractor,subject only to the right of Customer to specify the desired results.Neither party shall have the authority to enter into any contracts,agreements,undertaking or other arrangement or understandings on behalf of the other or that would bind the other in any manner. 7 Attorney Fees:Ex 7ert Witness Costs.The prevailing party in any legal action brought by one party against the other to enforce the terms of this Agreement,in addition to all other damages,shall be entitled to reimbursement for its expenses incurred thereby,including court costs and expert witness fees,and such sums as the court may adjudge to be reasonable attorney fees at any arbitration and at trial,on appeal or on any petition for review. 8. Force Ma'eure.Neither party shall be held responsible for delay in performance of the Services or default of this Agreement caused by fire,civil unrest,labor unrest,acts of God and war which are beyond such party's reasonable control.Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon the cessation of the cause,diligently pursue performance of its obligations under the contract. 9. Choice of Law and Forum.This Agreement shall be governed by the laws of the State of Oregon in effect at the time of its execution.Any action brought under the Agreement shall be brought in Marion County,Oregon 10, Waiver.No waiver of any rights under this Agreement shall be effective unless made in writing signed by the party to be charged.The waiver of any breach or default hereunder shall not constitute the waiver of any subsequent breach or default or waiver of this provision. 11. Bindinu Effect.This Agreement shall bind and inure to the benefit of the respective parties hereto and their heirs, personal representatives,successors and,to the existent assignment is expressly permitted hereunder,their assigns. 12. Severability.Any provision of this Agreement found unenforceable by a court of competent jurisdiction shall be deemed eliminated from the Agreement and all remaining provisions shall continue in full force and effect. 13. Assil;nment.Neither party may assign any rights or delegate any duties under this Agreement without the prior written consent of the other,which consent shall not be unreasonably withheld. 14. Notice.Any notice required or permitted hereunder shall be deemed given if delivered personally or if sent by first class mail,postage prepaid,addressed to the other party at its address set forth in the first paragraph of this Agreement.If by mail,delivery shall be deemed effective three(3)days after deposit with the postal authorities. 15. Entire A-reement-Modification.This Agreement,together with any agreements entered between Customer and Railroad,constitutes the entire agreement between the parties and supersedes and merges all prior proposals, understandings,representations and all other agreements,oral or written,between the parties relating to its subject matter.This Agreement may not be modified or altered except by written instrument signed by both parties. 16. This Agreement may be executed in counterparts,each of which shall be deemed an original agreement,but all of which together shall constitute one and the same instrument. This Agreement may be transmitted by facsimile or electronically,and it is the intent of the parties that the facsimile copy(or a photocopy or PDF copy)of any signature printed by a receiving facsimile machine or computer printer shall be deemed an original signature and shall have the same force and effect as an original signature. FLAGGING AND ON-TRACK PROTECTIVE SERVICES AGREEMENT Revised 11/29/16 Page 2 of Dated: RAILROAD: CUSTOMER: PORTLAND&WESTERN RAILROAD,INC. By: - By: Its: Its: FLAGGING AND ON-TRACK PROTECTIVE SERVICES AGREEMENT Revised 11/29/16 Page 3 of 3 ATTACHMENT V—EDA PROJECT SIGN SPECIFICATIONS CITY OF TIGARD SW WALL STREET IMPROVEMENT PROJECT 354 1 P a g e EDA PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a project sign according to the specifications set forth below: EDA SITE SIGN SPECIFICATIONS Size: 4' x 8' x 3/" Materials: Exterior grade/MDO plywood(APA rating A-B) Supports: 4"x 4" x 12'posts with 2"x 4"cross branching Erection: Posts shall be seta minimum of three feet deep in concrete footings that are at least 12" in diameter. Paint:- Outdoor enamel Colors: Jet Black,Blue(PMS300),and Gold(PMS7406). Specifically,on white background the following will be placed: The U. S.Department of Commerce seal in blue,black,and gold; "EDA"in blue; "U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION"in black; "In partnership with"in blue; (Actual name of the)"EDA Grant Recipient"in black; R un_-__k Qift.,.. n_.oid@ . SiMm"in black. Letterin:-,: Specific fonts are named below;positioning will be as shown on the attached illustration. "U. S.DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION"use Bank Gothic Medium- BAN K G OTH t c M ED "In partnership with"use UniversTM 55 Oblique- Univers JrJr' (Name of)"EDA Grant Recipient"use UniversTM Extra Black ��85 Univers $5 e 114@0049W -= TM M"ele 8bMia;rresiden!eftile 4!4nited �— —ilm --- o 1ie�nivers 55 Project signs will not be erected on public highway rights-of-way. If any possibility exists for obstruction to traffic line of sight,the location and height of the sign will be coordinated with the agency responsible for highway or street safety in the area. The EDA Regional Director may permit modifications to these specifications if they conflict with state law or local ordinances. 2" 2" 1/4- MASON 2- 4" T-- V-24- 2 X 4 4 X 4 POST LA- 4'. SIGN A MASONITE SIGN SCALE: 3/8" = 1 ' PROJECT - SIGN A ECONOMIC DEVELOPMENT ADMINISTRATION S' 2" 2" 3/4"PLYWOOD Z 4" ! - -2T%" 2 X 4 I -tb -v I 4X4POST z � z N N Ir i7 n 4" 1' SIGN B PLYWOOD SIGN SCALE: 3/8" = 1 ' PROJECT - SIGN B ECONOMIC DEVELOPMENT ADMINISTRATION Z 0 Q H N z A a E z W I za o > _ o (D Oft ._ U_ ftftftCL Z C] Q) W � W C O LL O Z ' W W a V a w 0 ui cm o � or M N CL CL Z mn -o O -22 o mm � Q o � U] A Z_ Q Z W z a 0 c > 4) w sm a CV = �� O Z 0 W i W C !L o L n' n a Z v YE W • a V a W EliN N N N 7 M M m