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3 Kings Environmental, Inc ~ CP20004 City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. Tigard,Oregon 97223 ' AMENDMENT SUMMARY Phone-(503) 639-4171 ■ FIELD CHANGE ORDER FORM Fax- (503) 684-7297 a ww.ti yard-or. o Project Title: 124" Ave. &Ann Court Culvert Project Manager:Andrew Newbury Replacement Contractor: 3 Kings Environmental, Inc. Original Contract#: CP20004 Effective lllates: 6/12/19-9/24/19 Chane Order/Amendment Amount: $34,473.22 Accounting String: 510-8000-56005-94038-140 Amendment Percents re Running Total: 9.0% AMENDMENT DETAILS Amendment includes the following: 1. Over excavation of soft soils encountered during construction. 2. Concrete headwall adjustments due to conflict with existing sanitan sewer pipe. 3. Removal of a tree that was not located in the survey. 4. Addition of stormfilter catch basins to move work out of si 'ficant wetland. 3. Amount of rebar needed for project was above what was listed in the specifications. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract Amount LS 1 $381,888.60 Contract Chane Order#1 LS 1 $34,473.22 $34,473.22 TOTAL CONTRACT $416,361.82 REASONING FOR CHANGE ORDER/AMENDMENT See amendment details. BUDGET IMPACT AND REQUIRED ACTIONS Bud ret increase needed will be done at the fund level. REQUESTING PROJECT MANAGER VING CITY S'T'AFF S' azure Si ature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the work. The unit pricing in the original contract shall apply to all Signature additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to theL Z encumbrances are met. Remember— the cumulative total of Amendments cannot exceed theproject's 17Ybudget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT 124TH AVE.&ANN COURT CULVERT REPLACEMENT PROJECT(CP20004) AMENDMENT #1 THIS CONTRACT,made and entered into this 12th day of June, 2019, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and 3 Kings Environmental, Inc., Inc. hereinafter called "Contractor", duly authorized to perform such services in Oregon. 3. Compensation A. City agrees to pay Contractor'lliree r_r. d d r, _t. O , �a 60,40(1) rti..ttRrs, (S5381,888.60) c 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 3 KINGS ENVIRONMENTAL,INC. r Si cure Signature Printed Name Printed Dame Date Date CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTACCOMPANYEVERY CONTRACT Contract Title: 124th &Ann Court Culvert Replacement Number Contractor: 3 Kings Environmental.Inc Contract Total: $381 888.60 Contract Overview: 3 [wigs Environmental` ill be re„WKmL r,�anexisting undersized 30Y'culvert with a:much lamer 6'-9"wide and 11-3"tall culvert. Initial Risk Level: El Extreme []High Moderate n,Low Risk Reduction:Steps:' Risk Comments: Risk Signature: Contract Manager: Andrew Newbua Ext: 2472 Department: PW/Engineering Type: Purchase Agreement Personal Service General Service Public Improvement E IGA Other: Start Date: June 20, 2019 End Bate: , � Quotes/Bids/Proposal: FIRM AMOUNT/SCORE 3 Kings Environmental,Inc. $381,888.60 Lee Contractors,LLC $385,476.00 PCR,Inc. $408,308.50 Elting Northwest, Inc. $445,240.00 Account String: Fund-Divisw1 Dunt Work Order—Activity Tyke Amount FY 19 20 510-8000-56005 94038-140 ` $381,888.60 FY Approvals - LCRB Date:June 11,2019 Department Comments: Department Signature: Purchasing Comments: CK- Purchasing Signature: '�p City Manager Comments: City Manager Signature: After securing all required appro orrginal copy to the Contracting and Purchasing Office along with a completed Contract Checklist. City of Tigard 13125 SW Hall Blvd Tigard,Oregon 97223 Phone: (503)6394171 Fax: (503)684-7297 CONTRACT DOCUMENTS for the construction of 124th Ave. & Ann Court Culvert Replacement Project No.: CIP 2019 — 94038 Approved by: Lori Faha,P.E.,City Engineer BID DUE: MAY 14,2019- 2:00 PM 2019 ITB— 124`"Ave. &Ann Court Culvert Replacement ADVERTISEMENT FOR BIDS CITY OF TIGARD 124'x'AVE.&ANN COURT CULVERT REPLACEMENT The City of Tigard will receive sealed Bids from qualified firms at Tigard City Hall's Utility Billing Counter, Attention:Jamie Greenberg, at 13125 SW Hall Blvd.,Tigard, Oregon 97223 until 2:00 pm local time,Tuesday, May 14, 2019 for the 124`h Ave. & Ann Court Culvert Replacement 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. Mobilization,traffic control,erosion and sediment control. 2. Placement of 77 lineal feet of 10'-3'x 6'-9"of aluminum structural plate culvert with concrete headwalls. 3. Catch basin replacements with new 10"ductile iron piping. 4. Construction of new 8"ductile iron waterline underneath new culvert. 5. Construction of impervious concrete sidewalk. 6. Installation and planting of a water quality swale. 7. Performance of extra work as called for by the specifications and plans. Basis of Bid Award shall incorporate all items identified on the Bid Schedule. Pursuant to Tigard Public Contracting Rule 30.055, all Bidders must submit a Bid security to the City along with their Bid in an amount equal to ten percent(10%) of their Bid. Because the City's estimate of contract value exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this Bid Booklet, to the City no later than 4:00 pm local time,Tuesday,May 14,2019. The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth in any Contract resulting from this Advertisement for Bid. Contractor shall provide proof to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon Prevailing Wage Rate (PWR) law. No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile and electronic (email) Bids will not be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the Bid Closing will be returned to the submitting firm unopened after a Contract has been awarded for the required services. Bid Documents may be obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Oregon 97223;or downloaded from the City of Tigard website at„vw-,v.ti 7arl, d-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 andrewngti<(?ard-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. Published: Daily Journal of Commerce The Oregonian Date: April 19,2019 April 19,2019 2019 ITB— 124”'Ave. &Ann Court Culvert Replacement 2 1 P a TABLE OF CONTENTS Advertisementfor Bids...............................................................................................................................................................2 'fable of Contents........................................................................................................................................................................3 AttachmentA—Bidder's Checklist..........................................................................................................................................4 AttachmentB—Bid.....................................................................................................................................................................5 Attachment C—Acknowledgment of Addenda.................................................................................................................18 AttachmentD—Bid Certification..........................................................................................................................................19 Attachment E—First Tier Subcontractor Disclosure Form............................................................................................20 AttachmentF—Bid Bond........................................................................................................................................................21 Attachment G—Public Improvement Contract.................................................................................................................22 AttachmentI I—Performance Bond.....................................................................................................................................28 AttachmentI—Payment Bond...............................................................................................................................................30 Attachment J—Oregon Prevailing Wage Rates..................................................................................................................32 AttachmentK—General Conditions....................................................................................................................................33 AttachmentL-Special Provisions.........................................................................................................................................34 Attachment M—Department of State Lands Permit.........................................................................................................76 Attachment N - Army Corps of Engineers Permit ...........................................................................................................77 Attachment O—DEQ 401 Water Quality Certification...................................................................................................78 Attachment P—ODFW Fish Passage Authorization........................................................................................................79 Attachment Q—CLean Water Services Service Provider Letter.....................................................................................80 Drawings...............................................................................................124"'Avenue&Ann Court Culvert Replacement .......................................................................................................................................................................................Sheets 1-14 .........................................................................................................................................................................Dated: April,2019 2019 ITB— 124`"Ave. &Ann Court Culvert Replacement 3 1 l' a g, c. ATTACHMENT A-BIDDER'S CHECKLIST CITY OF TiGARD 124THAVE.&ANN COURT CULVERT REPLACEMENT 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 (Due within 2 hours of Bid Closing) Attachment F—Bid Bond FORMS TO EXECUTE AFTER AWARD OF BID Attachment G —Public Improvement Contract—Prevailing Wage Rate Covered Project Attachment I I—Performance Bond Attachment I —Payment Bond Certificate of Insurance including Additional Insured Provision in accordance with the Public Improvement Contract. 2019 I'IB— 124``' Ave. &Ann Court Culvert Replacement 4 1 1) a g c ATTACHMENT B—BID r CITY OFT IGARD 124T`AVE.&ANN COURT CULVERT REPLACEMENT � � r 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: 124`'Ave.&Ann Court Culvert Replacement Bid Due Dater Name of Submitting Firm: iV1 The Undersigned (check one of the following and provide additional inforrrration): An individual doing business under an assumed name registered under the laws of the State of or A partnership registered under the laws of the State of_ or A corporation organized under the laws of the State of ;or A limited liability corporation organized under the laws of the State of ; hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Basic Bid as follows: ° and 60 /100 Dollars ($ 38e Y 998 . 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. 2019 ITB—124'Ave. &Ann Court Culvert Replacement 5 1 I' a e BID SCHEDULE 124"'AVE.&ANN COURT CULVERT REPLACEMENT Item Unit Item No Description Qty Unit Price Total GENERAL 1 Mobilization (00210) 1 LUMP SUM $ 48,000 2 Work Zone Traffic Control (00225) 1 LUMP SUM $ 4'500 $ +,500 3 Erosion and Sediment Control (00280) 1 LUMPsum $ 0 $ -7,000 4 Work Area Isolation 00290 LUMP ( ) 1 SLIM $ too $ 5 Scientific Take Permit(00290) 1 LUMP SUM 000 $ �'000 6 Extra Work As Authorized 1 LUMP SUM $10,000 $10,000 7 Construction Survey Work(00305) 1 LUMP SUM $ -7,00c) 8 Removal of Structures and Obstructions 1 LUMP 1, 000 00310 SUM $_ , $ 9 Clearing and Grubbing(00320) 1 LUMP SUM 4-, 900 $ 4,9DO 10 General Excavation (00330) 1 LUMPsum $ '2 _000 $ 11 Riprap Protection (00390) 1 LUMP SUM $ 1,500 $ 1,900 Aluminum Structural Plate Pipe Arch 1` Culvert- 10'-3" span x 6'-9" rise (00445) 77 LF $ 84-0 $ 13 10 Inch Ductile Iron Pipe (00445) 50 LF $ $ �� (� 14 Concrete Inlets,Type CG-2 (00470) 1 EACH $ 2,)()D $ '2.2 00 15 Concrete Inlets,Type CG-30 (00470) 1 EACH $ 2, ).p0 $ ` >00 16 Headwalls: Reinforcement(00530) 1 LUMP 000 SUM $11 000 $ r 17 Headwalls: General Structural Concrete, 1 LUMP Class 4000 00540 SUM 18 Streambed Mix (00640) 60 CY $ 68 $ Lj o tD 19 Aggregate Base (00640) 800 CY $ 61 $ 6 00 p 20 Level 3, 1/2 inch ACP Mixture (00744) 73 TON $ E $ 1 21 Pervious Concrete Sidewalks,4 inches 760 SF Thick 0075 $ 114- $ to,6 22 Concrete Curbs,Standard Curb (00759) 180 LF $ 30. 01 $ 5,44 2-. b 0 23 Standard Concrete Sidewalks,4 inches 1.50 SF Thick 00759 $ f 2019 ITB— 124'Ave. &Ann Court Culvert Replacement 6 1 P ti g c Item Unit Item No Description Qty Unit Price Total 24 Concrete Sidewalk aRaa}, 6 inches Thick 140 SI, $ $ Remove and Reinstall Existing Signs LUMP 25 (()0905) 1 SUM $ $ 800 26 LJDA Swale (01012) 1,325 SF $ b,00 qg 27 Permanent Seeding(01030) 1 LUMP00 zoo SUM $ $ , 2$ Planting(01040) 1 LUMP SUM $ $ , 29 Single Mailbox Supports (01070) 1 EACH $ $ 410 8 Inch Potable Water Pipe with Joint 30 Restraints and Class B Backfill 01140 79 LF $ $ -1, 821 $Inch Small DI Fitting with Joint 31 6 EACH Restraints 01140 $ ; 0 $ 2, )-o 32 16 Inch Steel Pipe Casing(01150) 20 LF $ 1 $-2110o 33 6 Inch Gate Valve (01150) 1 EACH $ t) $ r p Project Total $ r ` 00*1And 1100 Dollars BID TOTAL IN WORDS V0 2019 ITB—124'x'Ave. &Ann Court Culvert Replacement 7 1 l' a�L,�,e 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 CO. The surety(ies) requested to issue the Performance Bond and Payment Bond will be l(,m� k,V5 Ca` 'aaA- >< ' $ EOND(iml,k- " t 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 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 be' 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 n HAS ❑ HAS NOT (check applicable status)paid unemployment or income taxes in Oregon within the past 12 months and❑HAS M HAS NOT(check applzcabk status) a business address in Oregon. LOW The Undersigned M HAS r-j HAS NOT (check ( plieable 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. Th Q ;dersigned's CCB registration number is I'LL Lk 2-2) with an expiration date of ` ; t'-0 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 P)OVR law. The successful Bidder hereby certifies that all subcontractors who will perform construction work as described in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a Bid to work under the Contract. 2019 ITB—12Th Ave. &Ann Court Culvert Replacement 8 1 P « e The successful Bidder hereby certifies that, in accordance with the W rker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is / F Policy No. 0 2 and that Undersigned shall submit Certificates of Insurance as required. Name of Company: IK( Company Address: E11 QI?E) 4-4 d IfsJ 'La&t4 Federal Tax ID: Telephone: cko Email: J 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: Date: ICA Payment information will be reported to the IRS under the name and federal taxpayer ID number provided above. Information not matching IRS records or not provided to the City could subject the successful Contractor to a twenty eight percent (28%) backup withholding. 2019 ITB— 124th Ave. &Ann Court Culvert Replacement 9 1 1' :1 c 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 (124TH AVENUE/ANN COURT CULVERT REPLACEMENT) Following are the measurement and payment descriptions for the various Bid items included in the 124th Avenue/Ann Court Culvert Replacement portion of the project. Descriptions reference and/or modify sections of the 2018 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 0,S) 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°/o of the original Contract amount. '11-iis schedule of mobilization progress payments will not limit or preclude progress payments otherwise provided by the Contract. BID ITEM NO.2 WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications as modified in the Special Provisions. 2019 YFB— 124t"Ave. &Ann Court Culvert Replacement 10 1 1' « g 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.3 EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum 0S) 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 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. Protection of wetlands not permitted for disturbance is included in this item. BID ITEM NO.4 WORK AREA ISOLATION Comply with Section 00290 of the Standard Specifications. Payment for this item shall be on a lump sum (IS) basis and represent full payment for all labor and materials required for management,setup,planning,permitting,submittals,testing,monitoring,and reporting required for work area isolation measures and associated temporary water management measures within and/or impacting the waters of Kruger Creek. Payment excludes all activities related to fish salvage and rescue. All incidentals associated with the work to prepare the Pollution Control Plan, manage, treat, and dispose of any contaminated materials and water within the Project are incidental to the project and not included in this bid item. Implementation, and subsequent payment, of this bid item will only be realized if the stream is determined to have flowing water necessitating work area isolation as determined by a representative of the Oregon Department of Fish&Wildlife (ODFW). BID ITEM NO.5 SCIENTIFIC TAKE PERMIT Comply with Section 00290 of the Standard Specifications. Payment for this item shall be on a lump sum 0,S) basis and represent full payment for all labor and materials required for management,setup,planning,permitting,submittals,testing,monitoring,and reporting required for fish salvage and rescue within any Kruger Creek work area isolation measures required for the project by ODFW. Implementation, and subsequent payment, of this bid item will only be realized if the fish salvage and rescue is determined to be necessary by a representative of the ODFW. BID ITEM NO. 6 EXTRA WORK AS AUTHORIZED Extra Work as Authorized Bid includes labor, equipment and materials to perform additional work as directed by the Engineer. Bid item amount pre-determined by City. 2019 ITB— 124`h Ave. &Ann Court Culvert Replacement 11 1 1' �� 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. 7 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 0DOT's "Construction Surveying Manual for Contractors"and this project's contract documents. BID ITEM NO. 8 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. 9 CLEARING AND GRUBBING Comply with Section 00320 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (I,S) basis per Section 00320.80. 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 stripping 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 their expense. BID ITEM NO. 10 GENERAL EXCAVATION Comply with Section 00330 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (1,S)) basis per Section 00330.93. Payment shall be on a lump sum 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 compacted embankment fill. Payment for fine grading and subgrade compaction shall be considered incidental to this bid item. BID ITEM NO. 11 RIPRAP PROTECTION Comply with Section 00390 of the Standard Specifications as modified in the Special Provisions. Measurement shah be on a lump sum (1,S) basis per Section 00390.80. 2019 ITB— 124`''Ave. &Ann Court Culvert Replacement 12 1 P ,,ig,, Payment shall be on a lump sum 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 ITEM NO. 12 ALUMINUM STRUCTURAL PLATE PIPE ARCH CULVERT- 10'-3" SPAN X 6'-9" RISE Comply with Section 00445 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(Ll~) basis per Section 00445.80. Payment shall be on a linear foot 0T) basis per Section 00445.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish culvert where shown on the Plans and as directed by the Engineer. A Geotechnical inspection prior to installation of culvert per 00445.40(a) is considered incidental. BID ITEM NO. 13 10 INCH DUCTILE IRON PIPE Comply with Section 00445 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot (1,F)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. 14 CONCRETE INLETS,TYPE CG-2 BID ITEM NO. 15 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. 16 HEADWALLS: REINFORCEMENT Comply with Section 00530 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (1S) basis per Section 00530.80. Payment shall be on a lump sum basis per Section 0053090 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place Headwall Reinforcement where shown on the Plans and as directed by the Engineer. BID ITEM NO. 17 HEADWALLS: GENERAL STRUCTURAL.CONCRETE, CLASS 4000 Comply with Section 00540 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 00540.80. Payment shall be on a lump sum basis per Section 00540.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish and place I-Ieadwall Concrete where shown on the Plans and as directed by the Engineer. 20191TB— 124`"Ave. &Ann Court Culvert Replacement 13 1 Pa < c BID ITEM NO. 18 STREAMBED MIX BID ITEM NO. 19 AGGREGATE BASE Comply with Section 00640 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a cubic yard (CY)basis per Section 00640.80. Payment shall be on a cubic yard basis per Section 00640.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to furnish,place,grade,and compact Streambed Mix and Aggregate Base. BID ITEM NO. 20 LEVEL 3,1/2 INCH ACP MIXTURE Comply with Section 00744 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a tonnage (TON)basis per Section 00744.80. Payment shall be on a tonnage basis per Section 00744.90 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,or tack coat. BID ITEM NO. 21 PERVIOUS CONCRETE SIDEWALKS,4 INCHES THICK Comply with Section 00757 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SF,) basis per Section 00757.80. Payment shall be on a square foot basis per Section 00757.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish,place,joint,and finish pervious concrete sidewalks. BID ITEM NO. 22 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. BID ITEM NO. 23 STANDARD CONCRETE SIDEWALKS,4 INCHES THICK BID ITEM NO.24 CONCRETE SIDEWALK RAMP,6 INCHES THICK Comply with Section 00759 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot(SFS 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 sidewalks and concrete sidewalk ramps. BID ITEM NO.25 REMOVE AND REINSTALL 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. 2019 I'1B— 124`h Ave. &Ann Court Culvert Replacement 14 1 P a 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 reinstall where shown on Plans or as directed by Engineer. BID ITEM NO.26 LIDA SWALE Comply with Section 01012 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a square foot (S1~) basis per Section 01012.80. Payment shall be on a square foot basis per Section 01012.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to furnish and install LIDA Swale per Plans, including excavation,haul and disposal of spoils,grading,bedding,backfill,media,top soil,seeding,and planting. Payment shall include a 1-year vegetation establishment period. BID ITEM NO.27 PERMANENT SEEDING Comply with Section 01030 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a lump sum (I.S) basis per Section 01030.80. Payment for this item shall be on a lump sum basis per Section 01030.90 and represents full payment for all labor, equipment, and materials required to hydroseed and/or provide full germination prior to wet weather measures taking effect on October 1". Payment shall include,but is not limited to,placement of seed in all disturbed areas outside of designated permit areas that are disturbed and exposed to native soil.Seeding shall be established prior to the specified establishment period or additional measured shall be included,at no additional cost to the Project. Payment shall include a 1 year vegetation warranty. BID ITEM NO.28 PLANTING Comply with Section 01040 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a lump sum (LS) basis per Section 01040.80. Payment for this item shall be on a lump sum basis and represent full payment for all labor, equipment, and materials required to mitigate and restore all areas within the wetland boundary and all areas within the vegetated corridor boundary. Payment shall include,but is not limited to,site preparation,weed control,grading to salvage topsoil,final placement of required topsoil,planting and hydrosceding of all disturbed areas within the boundaries of designated permit areas. Payment shall include a 1-year vegetation establishment period. BID ITEM NO.29 SINGLE MAILBOX SUPPORTS Comply with Section 01070 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a per each (EA)basis per Section 01070.80. Payment for this item shall be on a per each basis per Section 01070.90 and represents full payment for all labor, equipment,and materials necessary to complete construction of single mailbox support. BID ITEM NO.30 8 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(_F)basis per Section 01140.80. 2019 ITB— 124"' Ave. &Ann Court Culvert Replacement 15 1 1' �i c 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 related to those exploratory excavations will be considered incidental. BID ITEM NO.31 8 INCH SMALL 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 (],"A)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 furnish, install, restrain, connect, flush, and test potable water pipe fittings. All work associated with completing exploratory excavations and concrete straddle block construction will be considered incidental. BID ITEM NO.32 16 INCH STEEL PIPE CASING Comply with Section 01140 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot (1-1� basis per Section 01140.80. Payment shall be on a linear foot basis per Section 01140.90 including all labor, equipment, materials (including spacers),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 will be considered *incidental. BID ITEM NO.33 6 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. Any 6 inch spool fittings, potable water pipe, or other miscellaneous fittings necessary to connect valve to potable water system are considered incidental to this bid item. 2019 ITB— 124`h Ave. &Ann Court Culvert Replacement 16 1 1) a g, c ATTACHMEN`r C-ACKNOWLEDGMENT OF ADDENDA CITY OF TIGARD 124TH AVE.&ANN COURT'CULVERT REPLACEMENT I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: Ifnone received, write `None Received" 1. 3. 2 4. - till 22 Date Signature of Proposes: Title r ' 1c , Corporate ,arae. 2019 ITB— 124"'Ave. &Ann Court Culvert Replacement 17 1 P « ATTACHMENT D—BID CERTIFICATION CITY OF TIGARD 24 H AVE.&ANN COURT CULVERT REPLACEMENT Non-discrimination Clause The Bidder agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the follo-wing. employment upgrading, demotion or transfer; recruitment or recruitment advertising, layoffs or termination;rates of pay or other forms of compensation;selection for training,rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or Bidder from the City,unless a satisfactory showing is made that discriminatorypractices have terminated and that a recurrence of such acts is unlikely. Agreed by: Qxy� Firm Name: Address: o `u Y-\ "VJ Officer's ligature: "Type or print officer's name: 2019 ITB— 124'Ave. &Ann Court Culvert Replacement 18 ( P i g e. A'I"I'A('HMEN'T E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM CITY OF TIGAR) 124`"AVE.&ANN COURT CULVERT REPLACEMENT BID #: CIP 2019-94038 CLOSING:Date: May 14,2019 Time:2:00 Pm This form must be submitted at the location specified in the Advertisement for Bids on the advertised Bid closing date and within two working hours after the advertised Bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing 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 2} AA AsOoAiyl $ 11, 611 3) $ 4) Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for award. " Form submitted by(Bidder name): Contact name: Phone#: t i 2019 ITB— 124'Ave. &Ann Court Culvert Replacement 19 1 P C AT'T'ACHMENT F—BID BOND CITY OF TIGARD 12e AvE.&ANN COURT CULVERT REPLACEMENT We, 3 Kings Environmental, Inc. as"Principal," (Name of Principal) and Travelers Casualty and Surety Company of America an Connecticut Corporation, (Name of Surety) authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind ourselves,our respective heirs,executors,administrators, successors,and assigns to pay unto the City of Tigard ("Obligee')the sum of Ten Percent of the Total Amount Bid--- and No /100 Dollars 10% of Amount Bid ) WHEREAS,the condition of the obligation of this bond is the Principal has submitted a Bid to the Obligee in response to Obligee's solicitation for the project identified as 124'Ave.&Ann Court Culvert Replacement which Bid is made a part of this bond by reference,and Principal is required to furnish Bid security in an amount equal to ten percent(10%)of the total amount of the Bid 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 within 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 14th day of May 2019 PRINCIPAL;3 Kings Environmental, Inc. SURETY; Travelers Casualty and Surety Company of America By. BY ATTORNEY-IN-FACT gnatur Gail A. Price Printed Nrt3m&&Title Printed Name Attes Signature �ttttttkkktttttrttfr 1201 SW 12th Ave., #500 ���`. .• F`p �$ Address Portland, OR 97205 City State Zip r t, s• 2019 ITB — 120 Ave. &Ann Court Culvert Replacement 20 Page Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Gail A.Price,of Portland,Oregon,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. Gi os—mry �a`sr pro e tr - s e Com. jC G— State of Connecticut By: City of Hartford ss. Robert L. Raney,Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 m4JUJi. �- 0 Mane C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this / day of o019, *10— �yptSY z', 9� + � , rt Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. ATrACI IMEN'r G—PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT CITY OF TIGARD 124y"AVE.&ANN COURT CI jivER'r REPLACEMENT THIS CONTRACT, made and entered into this 12' day of June, 2019, by and between the Citv of Tigard, a municipal corporation of the State of Oregon, hereinafter called '!City-„ and 3 Kings Environmental,Inc.,hereinafter called"Contractor",duly author ized to perfomi such sen, ces in Oregon. RECITALS WHEREAS, the City requires set-vices which Contractor- is capable of providing, under terms and conditions hereinafter describcd-',md WHEREAS, time is of the essence in this contract and all work-under this contract shall be completed within the tirrie period stated in the Contract Documents; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereb%, agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of the following. A. ]NIobilization, traffic control,erosion and sediment control. B. placement of 77 lineal feet of 10'-3'x-6'-9"of aluminum structural plate culvert with concrete headwalls. C. Catch basin replacements wid1 new 10"ductile iron piping. D. Construction of new 8"ductile iron waterline underneath new culvert. E. Construction of impervious concrete sidewalk. F. Installation and planting of a water quality swale. G. Performance of extra work as called for by the specifications and plat-is. 2. Contract Documents Pre Contractor is hereby bound to comply with all requiren-lents 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 sane legal force and effect as if set forth herein in full. 3. Compcnsation A. Co agrees to pay Contractor Three I lundred Eighty-One Thousand Eight I lundred Eighty- Eight and 60/100 Dollars ($381,888.60) for performance of those set-vices provide(]herein. B. City, certifies that sufficient funds are,available and authorized for expenditure to finance costs of this Contract during the CLIMIlt fiscal year. Funding in future fiscal years shall be contingent upon budgetary,approval by the Tigard City Council. 4. Early Termination A. '1711ls 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 -,hall be prorated to and include the day of termination and shall be in fill satisfaction of all claims by Contractor against City under this Agreement. C. Te,rni 1 nation 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. CM,may terminate. this Agreement effective upon deliven-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 rcgulation 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. CitN7,by wri tten notice of de fault(including breach of Contract) to Contractor,may-terminate the whole or any, part of this Agreement: 1) If Contractor falls to provide services called for by this Agreement within the time specified herein or any extension thereof,or 2) If Contractor fails to perform any of the other provisions of this Agreement, or so falls to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City,falls to correct such failures within ten(10) days or such other period as City may authorize. Die 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(,try terminates this Agreement under paragraph (W,,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 set-vices otherwise required to be performed for such total fee; provided,that there shall be deducted from such amount the amount ofdamages,ifany,sustained by City due to breach of Contract by Contractor. Damages for breach of Contract shall be those allowed by Oregon law, reasonableand necessary attorney fees, and other costs of litigation at trial art(]upon appeal. 6. Force Majeure Neither City nor Contractor shall be, considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and\16thout fault or negligence on the part of the party so diseriabled, including,but not restricted to, an act of God or of a public enerny, 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 I not' the other party party so disenabled shall within ten (10) days from the beginning of such delay, I 91 1 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. Attome)rs Fees In case suit or action Is Instituted to enforce the provisions of this contract,the patties 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 oi-invalid for any reason whatsoever,such illegality or invalidity shall hall not affect the validity of the remainder of this indemnification. 11. Insurance Contractor shall maint"U'ri.insurance acceptable to City in full force and effect througl-iour 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 folloxing limits and coverages: A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and keep in effect during the terrn of this Contract,Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). '171-iis coverage. shall include Contractual Liabilltv insurance for the inden-irittv provided under this Contract. The following insurance will be carried: Coverage Limit General Aggregate 52,000,000 Products-Cornpleted Operations Aggregate 51,000,000 Personal &Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any orae fire) $50,000 B. Commercial Automobile insurance: Contractor shall also obtain, at Contractor's expense, and keep in effect dLtrltkg the term of the Contract,"Symbol I"Commercial Automobile Liability coverage including covet-age 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 I:aw 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 worker,,;' 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 1.1abiliti,Insurance with coverage limits of not less than$1,000,000 each Accident. D. Additional Insured Provision: The City of Tigard, Oregon, its officers, director,,, and employees shall be added as additional insureds with respect to this contract. All Lability Insurance policies will be endorsed to show this additional coverage.. E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The insurance carrier shall have, a n-iiinin'ium of an ANI Best Rating"A"kith a financial strength of VII or better. The City reserves the right to reject all or any Insurance carner(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 Ci"-,, in lieu thereof, a certificate in form satisfactory to City certlf�Ing to the issuance of all such insurance provisions of this Contract shall be for\varded to., Cllr of Tigard Attn: Office of Contracts and Purchasing 13125 SW"Hall Blvd Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work- and no Contract shall be affected until the required certificates have been received and approved by the City. Ten days cancellation notice shall be provide(] City by certified mail to the riarrie at the address listed above in event of cancellation or non-renewal of the insurance.A renewal cerrificate. III be sent to the address 10 dai w ys prior to coverage expiration. The procuring of such required Insurance shall not be construed to limit Contractor's liability hereunder. Notwithstanding said Insurance, Contractor shall be obligated for the total amount of any damage.,injury,or loss connected With this Contract. G. Primary Coverage Clarification: All patties 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 Gbing Notice,Submitting Bills and Making Payments All notices,bills and payments shall be made in writing and may be given by personal delivery or by email. Notices,bills and payments sent I)v email should be addressed as follows: CITY OF TIGARD 3 KINGS ENVIRONmr.,N'rAL,INC. Attn: Andrew Newbuty Attn: Ron King Address: 13125 SWT Hall Boulevard Address: PO BOX 280 Tigard,Oregon 97223 Battle Ground NVA, 98604 Phone: (50.3)718-2472 Phone: (.360) 666-5464 Email: andrewn Ltki�ird-oi Email: in and when so addressed, shall be deemed given upon deposit in the United States mail, postage. prepaid. Iriall other instances,notices,bills and payments shall be deemed given at the time ofactual delivery. Changes may be made in the names and addresses of the person to whom notices,bills and payments are tobe9ivenbygivirigwritten notice pursuant to this paragraph. Invoices shall list each project separately with work completed and amount due for each. 13. Severability In the event ariv 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 wad, be affected or invalidated thereby. 14. Complete Agreement This Agreement Constitutes the entire. Agrecmcni- between the parties. No waiver, consent, modification,or change of terms of this Agreement shall bind either party unless in writing and sipped by both parties. Such waiver, consent, modification, or change if made, shall be effective only it] S 'fic instances and for the spec'- -e no understand' agreements, or specific I i tic purpose given. There at understandings, ag -et representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby ackno\vledges 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 (July authorized undersigned officer and Contractor has executed this Agreement on the (late hereinabove first written. Approved by Tigard's Local Contract Review Board at their June 11,2019 business meeting. CITY OFT 3 KINGS ENVIRONMENTAI—INC. 10� Q_iature Signature joj Date Date ATTACHMENT H—PERFORMANCE BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 1241''AvE. &ANN COURT CULVERT REPLACEMENT Bond Number: 107097079 Project Name: 124th Avenue&Ann Ct. Culvert Replacement Travelers Casualty and Surety Company of America (Surety#1) Bond Amount No. 1: $ 381,888.60 (Surety#2)* Bond Amount No. 2:* $ *IJusang multiple mt-e ies Total Penal Sum of Bond: $ 381,888.60 We, 3 Kings Environmental, Inc. as Principal,and the above identified Surety(es), 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) Three Hundred Eighty-One Thousand Eight Hundred Eighty-Eight and 60/100ths Dollars($381,888.60) (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowinga 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 teems and conditions of the Contract, together with applicable plans, standard specifications, special provisions,schedule of performance,and schedule of Contract Prices,are made a part of this Performance Bond by reference,whether or not attached to the Contract (all hereafter called"Contract");and WHEREAS, the principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance,notice of any such modifications hereby being waived by the Surety: NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms of the Contract and performs the Contract within the time prescribed by the Contract,then this obligation is null and void;otherwise it shall remain in full force and effect. If the Contractor is declared by City to be in default under the Contract, the surety shall promptly remedy the default, perform all of Contractor's obligations under the Contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract This obligation jointly and severally binds the Contractor and surety and their respected heirs, executors,administrators, and successors. Nonpayment of the bond premium shall not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the Work or to the specifications. 2019 ITB— 124'Ave. &Ann Court Culvert Replacement 26 1 P a g e 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 4+x day of June 2019 PRINCIPAL 3 Kings Environmental, Inc. �&OWt1,44,B y- Signature 0 Lna P�f&'�knf z P4ted Name&Title %....SEAL /* t Best e SURETY: Travelers Casualty and Surety Company of America (f&signatures for`each surety if USM19 multiple bonds) BY ATTORNEY-IN-FACT: (Power-of-Afforng must accompany each jureo bond) Gail A. Price Name Signature 1201 SW 12th Ave.,#500 Address Portland, OR 97205 City State Zip (503)224-2500 (503)224-9830 Phone Fax 2019 ITB— 124"Ave. &Ann Court Culvert Replacement 27 Page ATTACHMENT I—PAYMENT BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 124'"H AVE. &ANN COURT CULVERT REPLACEMENT Bond Number: 107097079 Project Name: 124th Ave. &Ann Court Culvert Replacement Travelers Casualty and Surety Company of America (Surety#1) Bond Amount No. 1• $ 381,888.60 (Surety#2)* Bond Amount No.2:* $ If using multiple sureties Total Penal Sum of Bond: $ 381,888.60 We, 3 Kings Environmental, Inc. as Principal,and the above identified Surety(es), 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) Three Hundred Eighty-One Thousand Eight Hundred Eighty-Eight and 60/100ths($381,888.60) (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety),and WHEREAS, the Principal has entered into a Contract with the City of Tigard, the plans, specifications, terms, and conditions of which are contained in above-referenced project solicitation; WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of Contract Prices,are made a part of this Payment bond by reference,whether or not attached to the Contract(all hereafter called"Contract');and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements,plans,and specifications, and schedule of Contract Prices which are set forth in the Contract and any attachments,and all authorized modifications of the Contract which increase the amount of the work,or the cost of the Contract,or constitute authorized extensions of time for performance of the Contract, notice of any such modifications hereby being waived by the Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms,conditions,and provisions of the Contract,in all respects, and shall well and truly and fully do and perform all matters and things to be performed under said Contract and any duly authorized modifications that are made,upon the terns 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 famished;and shall da all things required of the Principal by the taws of the State of Oregon,then this obligation shall be void;otherwise, it shall remain in fall force and effect. 2019 ITB— 124`"Ave. &Ann Court Culvert Replacement 28 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 day of June 2019 PRINCIPAL: 3 Kings Environmental, Inc. By. '4%solv,i;N' Signature '00 ... 0 7- - Pnrr4d Name&Title SEAL .. ........ .. Attest SIJRE'IT: Travelers Casualty and Surety Company of America Odd 4=h=for each surety jiusing williple bands) BY ATTORNEY-IN-FACT: (Power-of-Attorney must acconoany each s7m�y bond) Gail A. Price Name Signature 1201 SW 12th Ave.,#500 Address Portland, Oregon 97205 City State Zip (503)224-2500 (503)224-9830 Phone Fax 2019 ITB— 124"Ave. &Ann Court Culvert Replacement 29 Page Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Gail A.Price,of Portland,Oregon,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017, gyp. ot`J�,4tY AJps eG9 �yry P T COWLHARTFORD. COWL State of Connecticut City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February,2017, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ,y 9k*j My Commission expires the 30th day of June, 2021 Is Mane C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 4�9day of `JPtSY ARG 4r K . y/ ` Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney4n-Fact and the details of the bond to which the power is attached. ATTACHMENT J-OREGON PREVAILING WAGE RATES CITY OF TIGARD 124"`AVE.&ANN COURT CULVERT REPLACEMENT May be downloaded from:httpJlwww.oregongov/boli/AHD/I'N'R/Pales/pwr state.aspx 2019 ITB— 124`h Ave. &Ann Court Culvert Replacement 30 1 I' ATTACHMENT K-GENERAL CONDITIONS CITY OF TIGARD 124TH AVE.&ANN COURT CULVERT REPLACEMENT 00110 General Conditions for Construction for the City of TABLE OF CONTENTS Part 0#108 - GENERAL CONDITIONS Section 00118- Organization, Conventions,Abbreviations, and Definitions..................................S 00110.00 Organization of Specifications..........................................................................................................5 00110.05 Conventions Used Throughout the Specifications Include..........................................................5 00110.10 Abbreviations.......................................................................................................................................7 00110.20 Definitions............................................................................................................................................8 Section N0120- Bidding Requirements and Procedures.................................................................20 00120.01 Receipt of Bids; Opening-------------------------------------. 16 00120.02 PrequalificationofBidders.............................................................................................................. 16 00120.03 Request for Solicitation I)ocumcotu-------------------------------. 16 00120.04 Pre-Bid Meeting................................................................................................................................ 16 00120.10 Bid Booklet........................................................................................................................................ 16 O0l2O1S ��uo�ou�onof\�or�Sbcuud [>ocuozrotm'` . Solicitation Cousidcrudonu[Conditions to6cEncountered......................................................................... 16 00120.16 Material,Equipment,and Method Substitutions......................................................................... 17 00120.17 Use of Land for Staging orStorage Areas........................................................ 17 0012020 Interpretation of Quantities in Bid Scbcdo)e--------------------------. 17 00120.25 Subsurface Investigations-------------------------------------. )8 00120.30 Changes to Plans,Specifications, or Quantities before Opening u[Bids................................ 18 00120.40 Preparation ofBids........................................................................................................................... 18 00120.45 Submittal ofBids------------------------------------------20 00120.60 Modification cnWithdrawal o[Bids..............................................................................................ZU 0012065 Opening and Comparing Gids----------------------------------20 0012067 Bid Mistakes......................................................................................................................................21 001201K8 Low Tide Bids-----------------------------------------..21 0012030 Rejection of Nonresponsive Bids -------'------------------------22 00120.80 Reciprocal Preference for Orqzon Resident Bidders----------------------22 00120.90 Disqualification u[Bidders..............................................................................................................23 00120.91 Rejection uFBid ooGrounds uf Nonresponsibility ofBidder.................................................23 Section00130-Award and Execution wfContract.........................................................................24 00130{X) Consideration ofBids......................................................................................................................24 00130.10 Award m{Contract............................................................................................................................24 00130.15 Right to Protest Award....................................................................................................................25 00130.2U0 Cancellation oFAward.....................................................................................................................25 001]0.]0 Contract Book-let..............................................................................................................................25 00130/40 Contract Submittals..........................................................................................................................25 00130.50 Execution ofContract and Bonds.................................................................................................26 00130.60 Failure toExecute Contract and Bonds........................................................................................27 00130.70 Release mfBid Guaranties...............................................................................................................27 00130.80 Project Site Restrictions...................................................................................................................27 0013085 Tigard Business License...................................................................................................................27 zuc-1 00110 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...............................................................................................30 00140.90 Final Trimming and Cleanup..........................................................................................................30 00140.95 "AS-BUILT" Records......................................................................................................................31 Section 00150 - Control of Work.....................................................................................................32 00150.00 Authority of the Engineer...............................................................................................................32 00150.01 Project Manager's Authority and Duties.......................................................................................32 00150.02 Inspector's Authority and Duties...................................................................................................32 00150.10 Coordination of Contract Documents..........................................................................................32 00150.15 Construction Stakes,Lines, and Grades........................................................................................33 00150.20 Inspection..........................................................................................................................................33 00150.25 Acceptability of Materials and Work.............................................................................................34 00150.30 Delivery of Notices..........................................................................................................................34 00150.35 Submittals..........................................................................................................................................35 00150.37 Equipment Lists and Other Submittals.........................................................................................39 00150.40 Cooperation and Superintendence by the Contractor................................................................39 00150.50 Cooperation with Utilities...............................................................................................................40 00150.53 Utilities and Existing Improvements.............................................................................................41 00150.55 Cooperation with Other Contractors..........................................................................................1.42 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 Section00160 - Source of Materials................................................................................................ 46 00160.00 Definitions.........................................................................................................................................46 00160.01 Notification of Source of Supply and Materials...........................................................................46 00160.05 Qualified Products List (QPL) .......................................................................................................46 00160.10 Ordering, Producing, and Furnishing Materials...........................................................................46 00160.20 Preferences for Materials.................................................................................................................47 00160.30 Agency-Furnished Materials...........................................................................................................47 TOC-2 O0l}0 00180.50 Land; Liodto600xand Requirements-------------------.48 00160.60 Materials and Sources...............................................................................48 00160.70 Requirements for Plant Operations-_---------.-------------------..48 00160.80 Requirements for Sources oFBorrow and Aggregate---------------------..49 Section8O165 - Quality ufMaterials............................................................................................... SU 00165/X0 General...............................................................................................................................................5U 00165.01 Rejected Materials.............................................................................................................................5O 0016518 Testing by Agency-----------------------------------------5U 0016514 Costs of Testing-----------'-----------------------------.5O 00165.10 Materials Acceptance Guides..........................................................................................................5O 00165.20 Materials Specifications and Test Method References................................................................50 00165.30 Field-Tested Materials---------------------------------------.S1 00165.35 Materials-------------------------------------51 00165.50 Acceptance Sampling and Testing--------------------------.-----48 00165.70 Use ofMaterials without Acceptable Materials Conformance Documents---------.52 00165.75 Storage and Handling ofMaterials.................................................................................................52 00165.80 Measurement.....................................................................................................................................52 00165.90 Incidental Basis.................................................................................................................................52 Section 00170-Legal Relations and Responsibilities..~.-------.'...-.-----.-----------....' S3 00170.00 General-------------.---------------------------------..53 00170.01 Other Agencies Affecting Agency Coutmctm--------------------------.53 00170.02 Permits,Iiccuoeu and Taxes..........................................................................................................55 0017003 Furnishing and Permits...........................................................................................55 00170.04 Patents,Copyrights, and Trademarks............................................................................................55 0017005 Assignment ofAntitrust Rights---------------------------.------56 0017007 Record Requirements---------------------------------------'56 00170.10 Required Payments hrContractors...............................................................................................58 00170.20 Public Works Bond..........................................................................................................................59 00170.32 Protection ofNavigable Waters.....................................................................................................59 0017060 Safety, Health,and Sanitation Provisions.....................................................................................59 00170.61 Industrial Accident Protection........................................................................................................W] 0017062 Labor Nondiscrimination------------------.------------------..W) 00170.63 Payment focMkxlicu\ Curc-------------------------------------m] 0017065 Minimum Wage and Overtime Rates for Public Works ---------------6U 0017070 Insurance............................................................................................................................................h2 00170.71 Independent Contractor Status......................................................................................................h2 0017074 Employee Drug Testing Program--------------------____________62 0017075 Oregon Tax Laws.............................................................................................................................G2 0017076 Subcontractors N -------------------------------..62 80170.78 Conflict oFInterest...........................................................................................................................62 00170.79 Third Party Beneficiary--------------------------------------h2 0017080 Responsibility for Damage toWork..............................................................................................63 0017082 Responsibility for Damage oo Property and Facilities.................................................................63 0017085 Responsibility for Defective Work................................................................................................64 0017089 Protection ofUtility,� and Railroad Property and Services;Repair;Roadway Restoration.........................................................................................65 00170.92 Fencing,Protecting Stock, and Safeguarding Excavations.........................................................65 00110 00170.93 Trespass..............................................................................................................................................65 00170.94 Use of Explosives.............................................................................................................................66 Section00180 - Prosecution and Progress...................................................................................... 67 00180.00 Scope..................................................................................................................................................67 00180.05 Assignment/Delegation of Contract.............................................................................................67 00180.06 Assignment of Funds Due under the Contract............................................................................67 00180.10 Responsibility for Contract.............................................................................................................67 00180.15 Agency's Right to Do Work at Contractor's Expense................................................................67 00180.20 Subcontracting Limitations............................................................................................................. 67 00180.21 Subcontracting..................................................................................................................................68 00180.22 Payments to Subcontractors and Agents of the Contractor......................................................69 00180.30 Materials,Equipment, and Work Force........................................................................................70 00180.31 Required Materials, Equipment,and Methods.............................................................................70 00180.40 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 Agencyy...............................................................................................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 TOC-4 00110 Section00196 -Payment for Extra Work.......................................................................................100 00196.00 General............................................................................................................................................. 100 00196.10 Negotiated Price............................................................................................................................. 100 00196.20 Force Account................................................................................................................................. 100 Section 00197 -Payment for Force Account Work........................................................................101 00197.00 Scope................................................................................................................................................ 101 00197.01 Extra Work on Force Account Basis........................................................................................... 101 00197.10 Materials........................................................................................................................................... 101 00197.20 Equipment....................................................................................................................................... 101 00197.30 Labor................................................................................................................................................ 103 00197.80 Percentage Allowances.................................................................................................................. 103 00197.90 Billings.............................................................................................................................................. 103 Section 00199-Disagreements, Protest and Claims.....................................................................105 00199.00 General............................................................................................................................................. 105 00199.10 Procedure for Resolving Disagreements..................................................................................... 105 00199.15 Inappropriate Protest or Claim ................................................................................................... 105 00199.20 Protest Procedure........................................................................................................................... 105 00199.30 Claims Procedure............................................................................................................................ 106 00199.40 Claim Decision; Review; Exhaustion of Adminstrative Remedies......................................... 109 00199.50 Mediation......................................................................................................................................... 111 00199.60 Review of Determination Regarding Records............................................................................ 111 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. 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 5 00110 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 RITC - 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-11 - Certified Asphalt Technician II CBM - Certified Ballast Manufacturers CCO - Contract Change Order CCT - Concrete Control Technician CDT - Certified Density Technician CEBT - Certified Embankment and Base Technician CMDT - Certified Mixture Design Technician CPF - Composite Pay Factor CRSI - Concrete Reinforcing Steel Institute CFR - Code of Federal Regulations CS - Commercial Standard, Commodity Standards Division,U.S. Department of Commerce D1.1 - Structural Welding Code -Steel, American Welding Societe,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 FHWA - Federal Highway Administration, U.S. Department of Transportation FSS - Federal Specifications and Standards, General Services Administration GSA - General Services Administration ICER - 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 (01301) MIL - Military Specifications MSC - Minor Structure Concrete MUTCD - Manual on Uniform Traffic Control Devices for Streets and Highways, FHWA, U.S. Department of Transportation NEC - National Electrical Code NEMA - National Electrical Manufacturer's Association NESC - National Electrical Safety Code NIST - National Institute of Standards and Technology NPDES - National Pollutant Discharge Elimination System NPS - Nominal Pipe Size (dimensionless) OAR - Oregon Administrative Rules ODA - Oregon Department of Agriculture ODOT - Oregon Department of Transportation ORS, - Oregon Revised Statutes OR- - 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 (01301) SSPC - Society for Protective Coatings T - Tolerances, AASHTO Test Method TM - Test Method (01301) TV - Target Value UBC - Uniform Building Code (as adopted by the State of Oregon) UI, - 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 00110 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 Est of Pay Items, their units of measurement, estimated quantities, and prices. Schedule of Values -The breakdown of the values of the component elements comprising a lump sum Pay Item. Second Notification-Written acknowledgment by the Engineer of Substantial Completion of a Milestone or of the Work according to 00180.50(g). Shoulder-The part of a Roadbed contiguous to the Traveled Way or Roadway,whether paved or unpaved, for accommodating stopped vehicles, for emergency use and for lateral support of Base and surface Courses. Silt-Soil passing a No. 200 sieve that is nonplastic or exhibits very low plasticity. 15 00110 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 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. 16 00110 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., back-walls 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. 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. 17 00110 Work Change Directive—A written statement to Contractor issued on or after the Date of the Agreement and signed by Agency and recommended by Engineer ordering an addition,deletion,or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Amount or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect,if any,on the Contract Amount or Contract Times. Work Day- Every Calendar day excluding Saturdays, Sundays and legal holidays as listed in ORS 187.010. Worker-Any person performing work under the contract, including employees of the Contractor or subcontractor, and persons having full or partial ownership of the Contractor or subcontractor. (This definition is not intended to nor does it alter the definition or meaning of the term "worker" as used in any applicable laws or regulations,including but not limited to for purposes of paying prevailing wage rates.) Working (Shop) Drawings - Supplemental Plans, not furnished by the Agency, that the Contractor is required to submit to the Engineer. (see 00150.35) Workplace Violence - Any act of physical,verbal or written aggression by an individual in or related to the work place and/or project sites. This includes,but is not limited to,verbal abuse, threats or intimidation and physical intimidation,assault or battery by a worker or former worker. Work place violence may also include destruction or abuse of property. 18 00130 Section 00120- Bidding Requirements and Procedures 00120.01 Receipt of Bids; Opening—See Special Provisions. 00120.02 Prequalification of Bidders—See Special Provisions. 00120.03 Request for Solicitation Documents—See Special Provisions. 00120.04 Pre-Bid Meeting—See Special Provisions. 00120.10 Bid Booklet—The Bid Booklet may include, but is not limited to: 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. 19 00130 The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's failure to fully examine the site and become fully informed about all conditions of the Work, or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete. Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing by e-mail through the Engineer. Notification of erroneous or incomplete Plans or Specifications shall also be submitted to the Engineer. Unless the procurement period is shorter than one week, notifications and requests for changes or clarification shall be submitted at least seven Days prior to the date of Bid Closing. The Agency will respond to each request at least 72 hours prior to the date of Bid Closing. If the Procurement period is less than seven Days, requests shall be submitted within one Day after the Procurement is issued and the Agency will issue its response to each such request at least 24 hours prior to Bid Closing. Failure to timely request clarification or changes shall be deemed acceptance of all of the terms and conditions of the Procurement. Oral explanations or interpretations given before receiving Bids for a Project will not be binding. To be binding,interpretation of the Plans and Specifications by the Agency must be made by written Addendum furnished to all Holders of Bidding Plans according to 00120.30. 00120.16 Material, Equipment, and Method Substitutions -When the Contract specifies certain Materials,Equipment,and/or Methods,the Bidder shall include those Materials,Equipment,and/or Methods in the Bid. Substitution after execution of the Contract is specified in 00180.31(b), 00180.31(c), and 00180.31(d). 00120.17 Use of Agency-Owned Land for Staging or Storage Areas -The Contractor may use Agency- owned property for staging or storage areas, subject to the following limitations: A. Within Normal Right-of-Way Limits - If approved by the Engineer, the Contractor may use available property within the normal Right-of-Way limits for the purpose of constructing improvements under the Contract as long as such use does not unduly impede other legitimate users of the Right-of-Way or adjacent properties. Where the Agency owns, or has rights to, other adjacent properties in the Project area, "normal Right-of-Way" is limited to a line drawn across that property connecting the normal Right- of-Way limits on either side of the property. B. Outside Normal Right-of-Way Limits -The Contractor may not use Agency-owned property outside of normal Right-of-Way Emits 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 Emits, 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, andshall: 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 20 00130 furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be furnished may each be increased, decreased,or omitted as provided in 00120.30 and 00140.30. 00120.25 Subsurface Investigations - If the Agency or its consultant has conducted subsurface or geologic investigations of the proposed Project Site or contiguous to the Project Site, the results of the investigations may be included in written geotechnical data reports. If geotechnical data reports have been prepared, such reports may be included in the Solicitation Documents (see Special Provisions) and shall be considered as part of the Contract Documents to the extent that the Contractor may rely upon the accuracy of the technical data contained in such reports. If the Agency has retained subsurface samples, they will also be available for inspection. Bidders and the Contractor may make arrangements for viewing the samples through the Engineer's 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. 21 00130 The Bidder shall properly complete and bind all the documents in the Bid Section,as specified in 00120.10, between the front and back covers of the Bid Booklet,except that the Bid Bond is not required if another permissible type of Bid guaranty is provided. (see 00120.40(d)) B. Bid Schedule Entries: 1. Bid Schedule Entries - Using figures,Bidders shall fill in all blank spaces in the Bid Schedule. For each item in the Bid Schedule,Bidders shall enter the unit price and the product of the unit price multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more than two decimal places to the right of the decimal point, and shall be expressed in U.S. dollars and cents (for example, $150.25 or$0.37). Unit prices submitted which contain more than two decimal places,will be truncated by the Agency at the second decimal place to determine the product of the unit price and quantity. No rounding will be considered or paid. Bidders Bid shall also enter the total amount of the Bid obtained by adding amounts for all items in the Bid Schedule. Corrections or changes of item entries shall be in ink,with incorrect entry lined out and correct entry entered and initialed in ink by the person signing the Bid. C. Bidder's Address and Signature Pages - Bidders shall include in the Bid the address to which all communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly authorized representative of the Bidder. D. Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10%of the total amount of the Bid. 1. Bid Guaranty-The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or certified check made payable to the Agency. (see ORS 279C.365(4)) If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with the Bid Booklet or an alternative Bid Bond form acceptable to the Agency. Bidders shall submit the bond with original signatures and the Surety's seal affixed.The Bid guaranty shall be submitted by mail,delivery service, or hand delivered to the offices and addresses,and at the times given in the Bid Booklet. 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. 22 00130 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. The Subcontractor Disclosure Form may be submitted for a Bid either: • By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it together with the Bid at the time and place designated for receipt of Bids; • By removing it from the Bid Booklet, filling it out and submitting it separately to the Agency at the address given in the Bid Booklet. Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the Agency within two 2 working hours of the time designated for receiving Bids. In the event that multiple Subcontractor Disclosure Forms are submitted,the last version received prior to the deadline will be considered to be the intended version. THE AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMAITON BY THE STATED DEADLINE (see OAR 137-049-0360). 00120.45 Submittal of Bids: A. Bids shall be submitted by mail,parcel delivery service,or hand delivery to the Agency,in the manner and at the times given in the Special Provisions. Submit Bids in a sealed envelope. If a delivery or courier service is used,the Bidder shall place the sealed envelope containing the Bid inside the delivery or courier service's envelope. Bids submitted after Bid Closing time will not be opened or considered. The Agency assumes no responsibility for the receipt and return of late Bids. Preparation and submission of Bids is at the sole risk and expense of the Bidder and is not a cost of Contract performance. B. All Bid material submitted by Bidder shall become the property of the Agency and is public record unless otherwise specified. A Bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information,which must be open to public inspection. 00120.60 Modification or Withdrawal of Bids: A. Modification - Bids once submitted may be modified in writing prior to the time and date set for Bid Closing and submitted to the place designated for receipt of Bids. Any modifications shall be prepared on the company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior Bid. The Bid modification shall be delivered in a sealed envelope and shall be marked as follows: BID MODIFICATION Bid Title and Closing Date and Time 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 23 00130 Closing upon presentation of appropriate identification. Requests to withdraw Bids shall be marked as follows: BID WITHDRAWAL Bid Title and Closing Date and Time No Bid can be withdrawn after having been opened. 00120.65 Opening and Comparing Bids - Bids will be opened and the total price for each Bid will be read publicly at the time and place indicated in the Advertisement for Bids. Bidders and other interested parties are invited to be present. Bids for each Project will be compared on the basis of the total amount of each Bid. The total amount of the Bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended amount,the unit price shall govern, and the Agency may make arithmetic corrections on extension amounts. Error(s) discovered after Bid opening cannot be corrected by the Bidder and the contractor will be required to perform work at the unit price if its Bid is accepted. 00120.67 Bid Mistakes: A. General- Under extraordinary circumstances, a Bid may be withdrawn after the deadline for submittal because of an inadvertent nonjudgmental mistake. If the mistake is attributable to an error in judgment, the Bid may not be withdrawn or corrected.Correction or withdrawal by reason of nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the Agency or the fair treatment of other Bidders. B. Mistakes Discovered after Bid Closing but before Award -This section applies to situations where mistakes in Bids are discovered after the submission deadline but before Award. 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 may include instances in which the intended 24 00130 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 application 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 00 120.40 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 Projects) N. A disclosure of qualified first-tier Subcontractors, if required under 00120.400, 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. 25 00130 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; 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. 26 00130 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. 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. 27 00130 The Award will not be final until the later of the following: 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 within the number of Calendar Days specified in the Special Provisions or a written mutual agreement between successful Bidder and Agency. The Contractor will not automatically be entitled to extra compensation because the commencement of Work is delayed by failure of the Agency to send the Contract for execution. However, if more Calendar Days elapse between the date the Bid is opened and the date the Agency sends the Contract to be executed, as specified in 00130.10, the Agency will consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract completion resulting directly from delay in commencement. 00130.15 Right to Protest Award-Adversely affected or aggrieved Bidders, limited to the three apparent lowest Bidders and any other Bidder directly in line for Contract Award,may submit to the Agency a written protest of the Agency's intent to Award within seven Calendar days following the date of the Notice of Intent to Award. The protest shall specify, the grounds upon which it is based. An aggrieved Bidder may protest an award only if the Bidder alleges,in its written protest, that it should have received the award because: 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 28 00130 00130.40 Contract Submittals - Before the Agency will execute the Contract, the successful Bidder shall furnish the following: A. Performance and Payment Bonds -When Awarded the Contract, the successful Bidder shall furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State of Oregon. The successful Bidder shall submit the standard bond forms,which are bound in the Contract Booklet or alternative bond forms acceptable to the Agency. Faxed or photocopied bond forms will not be accepted. The amount of each bond shall be equal to the Contract Amount, The Performance Bond and the Payment Bond must be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be affixed to each bond. A power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,which must include bond numbers, and the Surety's original seal must be affixed to the power of attorney. Bonds shall not be canceled without the Agency's consent, nor will the Agency normally release them, prior to Contract completion. The amount of the Performance and Payment Bonds shall be increased to equal the new Contract Amount whenever the Contract Amount is increased for any reason. B. Certificates of Insurance -The successful Bidder shall furnish the Agency certificates of insurance applicable to the Project,according to the Public Improvement Contract. For specified Contracts, certified copies, and in some instances the original, of insurance policies may be required by the Special Provisions. C. Registration Requirements: 1. ORS 701.021, ORS 701.026, and ORS 671.530 require that Bidders be registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board prior to submission of a Bid on a Project not involving federal funds. Registration with the Construction Contractors Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on Federal-Aid Projects;however,the Agency will not execute a Contract until the Contractor is so registered or licensed. 2. Bidders must be registered with the Corporation Division, Oregon Secretary of State,if bidding as a corporation, limited liability company, joint venture, or limited liability partnership, or if operating under an assumed business name and the legal name of each person carrying on the business is not included in the business name. 3. A Contractor registered under ORS 701 may bid on a landscaping Project or perform a construction project that includes landscape contracting as a portion of the project if the landscape contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520. 4. A landscaping business may bid on a Project or perform a Contract that includes the phase of landscape contracting for which it is not licensed if it employs a landscape contractor,or subcontracts with another licensed landscaping business, licensed for that phase. D. Tax Identification Number-The successful Bidder shall furnish the Agency the Bidder's Federal Tax Identification Number. 00130.50 Execution of Contract and Bonds: A. By the Bidder-The successful Bidder shall deliver the required number of Contract booklets with the properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation coverage,and the required certificates of insurance,to the Agency within 10 Calendar Days after the date 29 00130 on which the Contract booklets are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the Agency and named in this Subsection,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). 30 00150 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 quantifies 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 all change order items including the impact of the change order on the balance of the Work to be accomplished. 31 00150 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. 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 32 00150 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 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. 33 00150 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 Imitation 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 Imitation 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 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. 34 00150 The "As-Bat" drawings shall show the information fisted 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. 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. 35 00150 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. 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 an. 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 36 00150 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. 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 Engineer's direction, any time before the Work is accepted, the Contractor shall uncover portions of the completed Work for inspection. After inspection, the Contractor shall restore these portions of Work to the standard required by the Contract. If the Engineer rejects Work due to Materials or workmanship, or if the Contractor performed such Work without providing sufficient advance request for inspection to the Engineer, the Contractor shall bear all costs of uncovering and restoring the Work. If the Engineer accepts the uncovered Work,and the Contractor performed the Work only after providing the Engineer with sufficient advance notice, the costs of uncovering and restoring the Work will be paid for by the Agency according to 00195.20. B. Inspection Facilities -The Contractor shall furnish walkways, railings, ladders, shoring, tunnels, platforms, and other facilities necessary to permit the Engineer to have 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. 37 00150 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: 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: 38 00150 A. Description — Submittals covered by these requirements include manufacturers' information, shop drawings, test procedures, test results, samples, and miscellaneous Work-related submittals. Submittals shall also include, but not be limited to, all mechanical, electrical and electronic equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit details. The Contractor shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer's installation and warranty information and other instructions as specifically required in the Contract Documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract Documents. B. Contractor's Responsibilities 1. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material,equipment or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment,which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated.The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where his submittal may affect the work of another contractor or the Agency. The Contractor shall coordinate submittals among its subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections. 2. The Contractor shall coordinate submittals with the Work so that Work will not be delayed. It shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The Contractor shall not proceed with Work related to a submittal until the submittal process is complete.This requires that submittals for review and comment shall be returned to the Contractor with the indication "No Exceptions Taken" or"Make Corrections Noted." 3. 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,fists,graphs,catalog sheets,data sheets,and similar items. If a fist,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 39 00150 of a submittal, such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the state of Oregon, unless otherwise indicated. 2. Shop Drawing and Product submittals shall be accompanied by the Engineer's standard submittal transmittal form, a reproducible copy of which is available from the Engineer. A submittal without the form or where applicable items on the form are not completed will be returned for resubmittal. 3. Organization a) 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 "25.13" 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.LA" 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. G. 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. 7. If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision and resubmission will not be required. 40 00150 8. If a submittal is returned marked "MAKE CORRECTIONS NOTED," Contractor shall make the corrections on the submittal,but formal revision and resubmission will not be required,except where specifically required by Engineer as indicated on the submittal review form. 9. If a submittal is returned marked "AMEND-RESUBMIT," the Contractor shall revise it and shall resubmit the required number of copies to the Engineer for review. Resubmittal of portions of multi- page or multi-drawing submittals will not be allowed. For example, if a Shop Drawing submittal consisting of 10 drawings contains one drawing noted as "AMEND -RESUBMIT," the submittal as a whole is deemed "AMEND -RESUBMIT," and 10 drawings are required to be resubmitted. 10. If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean either that the proposed material or product does not satisfy the specification,the submittal is so incomplete that it cannot be reviewed, or is a substitution request not submitted in accordance with the General Conditions. In the first 2 cases, the Contractor shall prepare a new submittal and shall submit the required number of copies to the Engineer for review. In the latter case, the Contractor shall submit the substitution request according to the General Conditions. 11. Resubmittal of rejected portions of a previous submittal will not be allowed. Every change from a submittal to a resubmittal or from a resubmittal to a subsequent resubmittal shall be identified and flagged on the resubmittal. 12. Fabrication of an item may commence only after the Engineer has reviewed the pertinent submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED". Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as changes to the Contract requirements. 13. 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 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 41 00150 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 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. 42 00150 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 identif},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. 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 limitation 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 43 00150 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; G. 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. Subject to the Engineer's approval, the Contractor may propose adjustments to the Utilities by asking the Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the Special Provisions. The Contractor shall conduct all negotiations, make all arrangements, and assume all costs that arise from such changes. C. Notification -This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344. The Contractor shall comply with the rules of the Oregon Utility Notification Center,OAR 952-001-0010 through OAR 952-001-0090, and ORS 757.993. The Contractor may contact the Oregon Utility Notification Center at 503-232-1987 about these rules. 00150.53 Utilities and Existing Improvements: A. General-Information shown on the Plans as to the location of existing water courses and utilities has been compiled from available sources and may not be accurate. The Contractor shall determine the location and nature of affected water courses, utilities and underground improvements prior to commencing Work. The Contractor shall provide for the flow of water courses and essential utilities that may be interrupted during the progress of the Work and shall restore such water courses or utilities after completion of the Work. 44 00150 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 fines to provide for uninterrupted service and to provide such special protection as may be necessary. To ease or streamline the work,the Contractor may desire to adjust the utilities by asking the utility owners to move,remove,or alter their equipment in ways other than those shown on the Plans or in the Contract Documents.The Contractor shall conduct the negotiations,make the arrangements,and pay all costs that arise from such changes. B. Utilities to be Removed or Relocated-Where the proper completion of the Work requires the temporary or permanent removal and/or relocation of the property of any public utility or franchise holder,such utility company or franchise holder shall be notified by the Contractor to remove or relocate such property within a specified reasonable time. When utility fines 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 fines 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 fine utilities. For service fines, see Subsection 00150.53(e). 45 00150 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 the), 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. 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. 46 00150 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. 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. 47 00150 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. 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 Est)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. 48 00150 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 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). 49 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. A. Contractor's Duties - In purchasing, producing, or delivering Materials, the Contractor shall take into account the following: 1. Kind of work involved; 50 00160 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 vears after the date of final payment for the Project,and shall furnish copies to the Engineer upon request. B. Buy Oregon-According to ORS 279A.120, the Contractor shall give preference to goods or services produced in Oregon if price, fitness, availability, and quality are equal. This provision does not apply to Contracts financed wholly or in part by federal funds. C. Recycled Materials -According to ORS 279A.010,ORS 279A.125,ORS 279A.145,ORS 279A.150,and ORS 279A.155, and subject to the approval of the Engineer, the Contractor shall use recycled products to the maximum extent economically feasible. 00160.30 Agency-Furnished Materials - Unless otherwise specified in the Special Provisions, Materials listed as Agency-furnished will be available to the Contractor free of charge. 51 00160 The Contractor shall be responsible for all Materials furnished by the Agency and shall pay all demurrage and storage charges. The Contractor shall replace at its expense Agency-furnished Materials lost or damaged due to any cause. The locations at which Agency-furnished Materials are available will be specified in the Special Provisions. If the locations are not listed in the Special Provisions, the Agency-furnished Materials will be furnished to the Contractor at the Project Site. In either case, all costs of handling, hauling, unloading, and placing Agency- furnished Material shall be considered included in the price paid for the Pay Item involving such Material. All Agency-furnished Materials not incorporated into the Work remains the property= of the Agency. The Contractor shall deliver such Materials as directed by the Engineer. 00160.50 Agency-Controlled Land;Limitations and Requirements: A. General-The Contractor shall have no property rights in, or right of occupancy on,Agency-Controlled Land. Nor shall the Contractor have the right to sell, use, remove, or otherwise dispose of any material from Agency-Controlled Land, areas, or property, except as specified in the Special Provisions or by the written authorization of the Engineer. Unless authorized in the Contract, the Contractor shall not disturb any material within Rights-of-Way without written authorization from the Engineer. Unless otherwise specified in the Contract,the ownership of all materials originating on Agency-Controlled Lands will at all times vest in, and remain within the control of, the Agency. 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 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: 52 00160 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 Wetland); 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. 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. 53 00165 Section 00165 - Quality of Materials 00165.00 General-The Contractor shall incorporate into the Work only Materials conforming to the Specifications and approved by the Engineer. The Contractor shall incorporate into the Work only manufactured products made of new materials unless otherwise specified in the Contract. The Agency may require additional testing or retesting to determine whether the Materials or manufactured products meet Specifications. Materials or manufactured products not meeting the Specifications at the time they are to be used are unacceptable and must be removed immediately from the Project Site, unless otherwise directed by the Engineer. 00165.01 Rejected Materials -The Engineer may reject any Materials that appear to be defective (00150.25) or that contain asbestos. The Contractor shall not incorporate any rejected Materials into the Work. Rejected Materials whose defects have been corrected may not be incorporated into the Work until the Engineer has approved their use. The Engineer may order the removal and replacement by the Contractor,at Contractor's expense, of any defective Materials. (refer also to 00150.20) 00165.03 Testing by Agency-When testing Materials, the Agency will conduct the tests in its central laboratory,field laboratories,or other laboratories designated by the Engineer,even though certain AASHTO, ASTM, and other Materials specifications may require testing at the place of manufacture. Results of the Agency's tests will be made available to the Contractor. 00165.04 Costs of Testing-When the Contract requires that the Agency performs the testing, the testing will be at the Agency's expense. Unless otherwise provided in the Contract, all testing required to be performed by the Contractor will be at the Contractor's expense. 00165.10 Materials Acceptance Guides - Unless otherwise specified elsewhere in the Contract, Materials will be accepted according to the following guides: A. Field-Tested Materials - Field-tested Materials will be accepted according to the ODOT Manual of Field Test Procedures (MFTP) unless otherwise specified in the Special Provisions. The MFTP is published once per year and is available from the ODOT—Construction Section, 800 Airport Road SE; Salem, OR 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 54 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, 55 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. 56 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 57 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: 58 00170 Bums 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 Contractor or Agency may be obligated to pay as a result of such infringement during or after completing the Work. 59 00170 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. £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. 7. Records that identif 7 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. 60 00170 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. Income 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 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. 61 00170 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 Emits the records or documents that can be obtained by legal process. C. Record Retention Period-The Contractor shall maintain the records and keep the records accessible and available at reasonable times and places for at least 3 years from the date of final payment under the Contract, or until the conclusion of all audits, litigation, administrative proceedings, disputes and claims arising out of or related to the Contract,whichever date is later. D. Public Records Requests -If records provided under this section contain any information that may be considered exempt from disclosure as a trade secret under either ORS 192.501(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.410 through ORS 192.505, the Contractor shall clearly designate on or with the records the portions which the Contractor claims are exempt from disclosure,along with a justification and citation to the authority relied upon. Entire records or documents should not be designated as a trade secret or otherwise exempt from disclosure. Only specific information within a record or document should be so designated. To the extent allowed by the Oregon Public Records Law or other applicable law related to the disclosure of public records, Agency will not disclose records or portions of records the Contractor has designated as trade secrets to a third party, who is not a representative of the Agency, to the extent the records are exempt from disclosure as trade secrets under the Oregon Public Records Law or other applicable law, except to the extent Agency is ordered to disclose in accordance with the Oregon Public Records Law or by a court of competent jurisdiction. Application of the Oregon Public Records Law or other applicable law shall determine whether any record, document or information is actually exempt from disclosure. In addition, in response to a public records request, the Agency will not produce or disclose records so identified as exempt by the Contractor to any person other than representatives of the Agency,and others with authorized access under 00170.07(b), without providing the Contractor a copy of the public records request, unless: The Contractor consents to such disclosure;or 62 00170 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 hen 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. E. Right to Complain to the Construction Contractors Board - If the Contractor or a subcontractor fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract, the Entity may file a complaint with the Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in ORS 279C.580(5)(b). F. Notice of Claim Against Bond- An Entity (which by definition includes a natural person) claiming not to have been paid in full for labor or Materials supplied for the prosecution of the Work may have a right of action on the Contractor's Payment Bond as provided in ORS 279C.600 through ORS 279C.625. The Commissioner of the Bureau of Labor and Industries (1301,1) 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. 63 00170 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 an 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). 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: 64 00170 A. General-The Contractor is responsible for investigating local labor conditions. The Agency does not imply that labor can be obtained at the minimum hourly wage rates specified in State or federal wage rate publications,and no increase in the Contract Amount will be made if wage rates paid are more than those listed. B. State Prevailing Wage Requirements -The Contractor shall comply with the prevailing wage provisions of ORS 279C.800 through ORS 279C.870. 1. Minimum Wage Rates—The Bureau of Labor and Industries (BOLI) determines and publishes the existing State prevailing wage rates in the publication "Prevailing Wage Rates for Public Works Contracts in Oregon". The Contractor shall pay workers not less than the specified minimum hourly wage rate according to ORS 279C.838 and ORS 279C.840 and shall include this requirement in all subcontracts. See the Project Wage Rates page included with the Contract Booklet for additional information about which wage rates apply to the project and how to access the applicable wage rates 2. Payroll and Certified Statements — As required in ORS 279C.845, the Contractor and every subcontractor shall submit written certified statements to the Engineer on the form prescribed by the Commissioner of BOLI in OAR 839-025-0010 certifying compliance with wage payment requirements and accurately setting out the Contractor's or subcontractor's weekly payroll records for each worker employed upon the project. The Contractor and subcontractors shall preserve the certified statements for a period of 6 years from the date of completion of the Contract 3. Additional Retainage: a) Agency—As required in ORS 279C.845(7) the Agency will retain 25`%" of any amount earned by the Contractor on the project until the Contractor has filed the certified statements required in ORS 279C.845 and in FHWA Form 1273, if applicable. The Agency will pay to the Contractor the amount retained within 14 Days after the Contractor files the required certified statements, regardless of whether a subcontractor has failed to file certified statements. b) Contractor—As required in ORS 279C.845 (8) the Contractor shall retain 25% of any amount earned by a first tier subcontractor on the project until the first tier subcontractor has filed with the Agency the certified statements required in ORS 279C.845 and in FHWA Form 1273, if applicable. Before paying any amount retained, the Contractor shall verify, that the first tier subcontractor has filed the certified statement. Within 14 Days after the first tier subcontractor files the required certified statement the Contractor shall pay the first tier subcontractor any amount retained. 4. Owner/Operator Data— For a project funded by the FHWA, the Contractor shall furnish data to the Engineer for each owner/operator providing trucking services. Furnish the data before the time the services are performed and include without limitation for each owner/operator: a) Drivers name; b) Copy of driver's license; c) Vehicle identification number; d) Copy of vehicle registration; e) Motor vehicle license plate number; fl 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. 65 00170 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: 1. Cause a circular,clearly printed in boldfaced 12-point type containing a copy of ORS 279C.545,to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed to perform Work;and 2. Maintain such circular continuously posted from the inception to the completion of the Contract on which workers are or have been employed. E. Additional Requirements When Federal Funds are Involved-When federal funds are involved, the following requirements shall apply in addition to the requirements of 00170.65(a) through 00170.65(d). The Contractor shall include these provisions in all subcontracts as well as ensure that all Subcontractors include these provisions in their lower tier subcontracts. 1. FHWA Requirements - For Federal-Aid projects, the Contractor shall comply with the provisions of FHWA Form 1273, "Required Contract Provisions Federal-Aid Construction Contracts". 2. Minimum Wage Rates -The Contractor shall pay each worker in each trade or occupation employed to perform any work under the contract not less than the existing State (BOLI) prevailing wage rate or the applicable federal prevailing wage rate required under the Davis-Bacon Act (40 U.S.C. 3141 et seq.),whichever is higher. The Contractor shall include this provision in all subcontracts. 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 66 00170 3. Payroll and Certified Statements — In addition to providing the Payroll information and certified statements required under ORS 279C.845(see 00170.65(b-2)),the Contractor and every subcontractor shall submit written certified statements that also meet the requirements in Section 1V of FHWA Form 1273 except the Contractor and every subcontractor shall preserve the certified statements for a period of 6 years from the date of completion of the Contract. 4. Overtime -With regard to overtime pay, the Contractor shall comply with the overtime provision affording the greatest compensation required under FHWA Form 1273 and ORS 279C.540. 00170.70 Insurance: A. Insurance Coverages -The Contractor shall obtain,at its expense,and keep in effect during the term of the Contract, the insurance coverages in accordance with the Public Improvement Contract in the Contract Booklet and comply with all insurance provisions thereof. The insurance coverages shall also be maintained throughout the Contractor's Correction Period as defined in 00170.85(6). 00170.71 Independent Contractor Status -The service or services to be rendered under this Contract are those of an independent contract. The Contractor is not an officer,employee,or agent of the Agency as those terms are used in ORS 30.265. 00170.74 Employee Drug Testing Program-As required by ORS 279C.505(2), the Contractor shall have in place, and maintain during the period of the Contract, an employee drug-testing program. The Agency retains the right to audit and/or monitor the program. On request by the Engineer, the Contractor shall furnish a copy of the employee drug-testing program. 00170.75 Oregon Tax Laws -The Contractor shall comply with Oregon tax laws as required by ORS 305.385. 00170.76 Subcontractors Nondiscrimination-The Contractor shall comply with ORS 279A.110 as to nondiscrimination as to relations with Subcontractors. 00170.78 Conflict of Interest-The Contractor shall not give or offer any gift,loan, or other thing of value to any member of the Agency's governing body or employee of the Agency in connection with the award or performance of any Contract. The Contractor shall not rent, lease, or purchase Materials, supplies, or Equipment, with or through any Agency employee or member of the Agency's governing body. No ex-employee of the Agency who has worked for the Agency on any phase of the Project within the prior 2 years may be employed by the Contractor to perform Work on the Project. 00170.79 Third Party Beneficiary -There are no third-party beneficiaries of the Contract, unless federal transportation funding is involved then the State of Oregon,the Oregon Transportation Commission and the Oregon Department of Transportation and their respective officers and members and employees, are third- party beneficiaries of the Contract. 00170.80 Responsibility for Damage to Work: A. Responsibility for Damage in General-The Contractor shall perform Work,and furnish Materials and Equipment for incorporation into the Work,at the Contractor's own risk,until the entire Project has been completed and until Final Completion as determined by the Agency. The Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. 67 00170 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"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. 68 00170 The Contractor shall provide temporary facilities when needed, e.g., to maintain normal service or as directed by the Engineer,until the required repair, rebuilding, or replacement is accomplished. The Contractor shall protect specific service signs, e.g., business logos, and tourist-oriented directional signs (TODS) from damage,whether the signs are to remain in place or be placed on temporary supports. The Contractor shall repair or replace damaged signs at no cost to the Agency. Liquidated damages will be assessed against the Contractor in the amount of$200 per day for each sign out of service for more than 5 Calendar Days because of the Contractor's operations. 00170.85 Responsibility for Defective Work- The Contractor shall make good any defective Work, Materials or Equipment incorporated into the Work,according to the provisions of Section 00150. A. Latent Defects -The Contractor shall remain liable for all latent defects resulting from causes other than fraud or gross mistakes that amount to fraud until the expiration of all applicable statutes of limitation and ultimate repose,the Performance Bond,Warranty Bond,or Correction Period,whichever expires last. The Contractor shall remain liable for all latent defects resulting from fraud or gross mistakes that amount to fraud regardless of when those latent defects may be discovered, and regardless of whether such discovery occurs outside any applicable statutes of limitation or ultimate repose or any applicable Performance Bond,Warranty Bond,or Correction Period. B. Correction Period for Agency Projects -The Contractor shall warrant all Work and workmanship, including Changed Work, Additional Work, Incidental Work, On-Site Work, and Extra Work, and Materials and Equipment incorporated in the Work, for one year from the date of Second Notification (Correction Period), except that manufacturers', installers' or suppliers' warranties and extended warranties 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. 69 00170 Without limiting the general applicability of other survival clauses under the Contract, this warranty provision shall survive expiration or termination of the Contract. C. Manufacturer, Supplier or Installer Warranties and Guarantees: 1. Manufacturer, Supplier or Installer Warranties - For those Specification Sections referencing this 00170.85(c-1) Subsection,the Contractor shall furnish Warranties from the Manufacturer, Supplier or Installer and signed by the respective authorized Representative. The warranty period will be specified in the applicable Specification Section for which it applies. The warranty period will begin on the date the Engineer issues Second Notification unless otherwise specified in the Contract. Corrections, repairs, replacements or changes shall be warranted for an additional Warranty period beginning on the date of the Agency's acceptance of the corrections,repairs,replacements or changes. When the Agency makes written notification to the Manufacturer, Supplier or Installer of failure of an item covered by this warranty,the warranty period will stop for the effected item or the portion of the effected item that failed, as applicable, until the required repairs or replacements are made and accepted. All repaired or replaced items shall meet current specifications, unless otherwise specified in the Contract, and will be warranted for the remaining warranty period. Warranty work shall be performed when weather permits. If, in the opinion of the Engineer, temporary repairs are necessary,the temporary repairs will be made by the Agency or an independent contractor at the Manufacturer's, Supplier's or Installer's expense. The Manufacturer, Supplier or Installer shall replace all temporary repairs at no additional cost to the Agency. The Manufacturer, Supplier or Installer shall provide all required traffic control during repair or replacement of failed items at no additional cost to the Agency. 2. Trade Practice Guarantees - For those Items installed on the Project that have customary trade practice guarantees, the Contractor shall furnish the guarantees to the Engineer at the completion of the Contract. 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. 70 00170 B. Restoration of Roadway after Repair Work-The Contractor shall restore the Roadway to a condition at least equal to that which existed before the repair work addressed under this Subsection was performed, as directed by the Engineer. All restoration work required as a result of Contractor's failure to protect Utilities, Railroads, railways and fire-control facilities shall be at the Contractor's expense. Restoration which constitutes Extra Work will be paid as Extra Work. 00170.92 Fencing, Protecting Stock, and Safeguarding Excavations -The Contractor shall be responsible for loss,injury, or damage that results from its failure to restrain stock and persons. A. At the Contractor's Expense -The Contractor shall restrain stock to lands on which they are confined using temporary fences or other adequate means. The Contractor shall provide adequate temporary fences or other protection around excavations to prevent animals and unauthorized persons from entering. The Contractor shall repair, at Contractor's expense and to the Engineer's satisfaction, fences damaged by the Contractor's operations and the operations of the Contractor's agents, employees and Subcontractors. B. At the Agency's Expense -The Contractor shall construct fences, or move and reconstruct fences, as shown on the Contract Documents or as directed by the Engineer. The Contractor shall tear down and remove fencing within the Right-of-Way when no longer needed,as part of the removal Work described in and paid for according to Section 00310. 00170.93 Trespass -The Contractor shall be responsible for its own, its agents' and employees', and its Subcontractors' trespass or encroachment upon,or damage to,property during performance of the Contract. 00170.94 Use of Explosives -The Contractor shall comply with all Laws pertaining to the use of explosives. The Contractor shall notify anyone having facilities near the Contractor's operations of Contractor's intended use or storage of explosives. The Contractor shall be responsible for all damage resulting from its own, its agents'and employees',and its Subcontractors' use of explosives. (see 00330.41(e) and Section 00335). 71 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: 72 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 substitution is reasonably based on the Contract alternates chosen by the Agency. B. Terms of Subcontracts - Subcontracts shall provide that work performed under the subcontract shall be conducted and performed according to the terms of the Contract. Compliance with 00170.07 is required. All subcontracts, including Contractor's with the first-tier Subcontractors and those of the first-tier Subcontractors with their subcontractors, and any other lower tier subcontracts shall contain a clause or condition that if the Contractor or a subcontractor fails,neglects,or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract, the Entity may file a complaint with the Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall include: 1. A payment clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory performance under the subcontract within 10 Calendar Days out of amounts the Agency pays to the Contractor under the Contract. 73 00180 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 Contractor's first-tier Subcontractor to include a payment clause and an interest penalty clause that conform to the standards of ORS 279C.580 (see 00180.21(d-1) and 00180.21(d-4)) in each of the first-tier Subcontractor's subcontracts and to require each of the first- tier Subcontractor's subcontractors to include such clauses in their subcontracts with each lower-der 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 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. 74 00180 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. 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. 75 00180 B. Substitution of Materials and Equipment to be Incorporated into the Work-After execution of the Contract,the Engineer may approve substitution of Materials and Equipment to be incorporated into the Work as follows: 1. Reasons for Substitution -The Engineer will consider substitution only if. 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 permission may be withdrawn by the Engineer at any time if, in the Engineer's opinion, the Equipment is not performing in all respects equivalent to the Equipment specified in the Contract; 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". 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: 76 00180 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. 2. The locations of each activity that will be done including the Emits 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. 77 00180 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. The type of schedule will be identified in the Special Provisions. A. Type "A" Schedule -When a Type "A" schedule is required, the Contractor shall do the following: 1. Schedule - Calendar Days prior to the preconstruction conference, the Contractor shall provide to the Engineer four copies of a Project Work schedule,including a time-scaled bar chart and narrative, showing: 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. 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. Distinct symbols shall be used to denote multiple shift,holiday,and weekend Work. 78 00180 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: 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; 79 00180 d) Procurement of critical Materials; e) Fabrication,installation, and testing of special Material and Equipment;and 0 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 shall represent 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. 0 Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work. The bar chart drawing(s) shall include a title block showing the Contract name and number, Contractor's name,date of original schedule,and all update dates;and a legend containing the symbols used,their definitions,and the time scale, shown graphically. To ensure readability the bar chart shall be drawn on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiple sheets when needed. Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall meet to review the Project schedule as submitted. Within 10 Days of the review meeting, the Contractor shall resubmit to the Engineer one digital and four paper copies of the Project schedule, including required revisions. The accepted Project schedule shall represent all Work, as well as the planned sequence and time for the Work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the Contract. 3. Review and Reporting-The Project Work schedule may require revision as the Work progresses. Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as follows: a) Review with the Engineer-The Contractor shall perform ongoing review of the Project Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no longer represents the 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 80 00180 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. 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. 81 00180 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. 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. 82 00180 Within 14 Calendar Days after submission of the detailed time-scaled critical path method (CPNI) 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 (CPNI) network Project Work schedule, including required revisions. This first accepted detailed time-scaled critical path method (CPM) network Project Work schedule, also called the accepted Project Work schedule, shall represent all Work, as well as the planned sequence and time for the Work. Review and acceptance of any Project Work schedules and Project narratives by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the Contract. 3. Project Narrative - In addition to the above requirements, and within 30 Calendar Days after First Notification, the Contractor shall provide to the Engineer a final written Project narrative that discusses the planning, coordinating, scheduling and resourcing of the Work. The Project narrative shall include the following written description: • Plans for staging the project. • All critical activities. • All near critical activities defined as those with less than 30 Days of float. • All subcontractor activities that are critical, near critical, and those that are greater than two weeks in duration. • Labor resourcing,by stage and phase,to include the number of crews,average crew size and planned night/weekend shifts including that of subcontractors. • Equipment allocation, by stage and phase to include mobilization, demobilization and planned activities including that of subcontractors. • Notifications required under the Contract during each stage and phase which may include but is not limited to road closures,lanes closures, night work, cold plane pavement removal, and pile driving. • Provide discussion on addressing reasonably predictable weather conditions and their impact on all weather sensitive activities. Also, provide discussion on other weather limitations that may affect the project schedule. • Submittal and approval of material samples, mix designs,and shop drawings. • Procurement of critical materials. • Plans for dealing with "unique" construction items. • Coordination of utilities and any immediate concerns for impacts/delays. • Constructability issues. • Cost Reduction Proposals and/or immediate requests for changes to the specifications. • Concerns/issues that need to be addressed within the first 90 Days following First Notification. The accepted Project narrative shall represent all critical and near critical Work,as well as the planned sequence and time for the Work. 4. Review and Reporting-The Project Work schedule may require revision as the Work progresses. Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as follows: a) Review with the Engineer-The Contractor shall perform ongoing review of the accepted Project Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines that the accepted Project Work schedule no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held between the 83 00180 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. 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. 84 00180 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. 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: A. Provide adequate Materials, Equipment,labor, and supervision to perform and complete the Work; B. 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; C. Not voluntarily suspend or slow down operations without prior written approval from the Engineer;and D. 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 a) 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. b) Attend regularly scheduled bi-weekly progress meetings conducted by Engineer. 85 00180 2. 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. 3. Verify: a) Actual start and finish dates of completed activities since last progress meeting. b) Durations and progress of activities not completed. e) Reason, time, and cost data for Change Order Work that will be incorporated into Progress Schedule and Application for Payment. d) Percentage completion of items on Application for Payment e) Reasons for required revisions to Progress Schedule and their effect on Contract Time and Contract Amount. 4. Review status of Requests for Clarification/Information and Submittals review. 5. Discuss Project safety and security. 6. Discuss traffic control. 7. 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: 86 00180 1. Fixed Date Calculation -The calendar date on which the Work or Pay Item shall be completed; or 2. Calendar Day Calculation-The number of Calendar Days from a specified beginning point in which the Work or Pay Item shall be completed. 3. Work Day Calculation—The number of Work Days from a specified beginning point in which the Work or Pay item shall be completed. C. Beginning of Contract Time - When the Contract Time is stated in Calendar Days,counting of Contract Calendar Days will begin with the first Calendar Day following the date of the Notice to Proceed. When the Contract Time is stated in Work Days,counting of Contract Work Days will begin with the first Work day following the date of the Notice to Proceed. D. Recording Contract Time -AN 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 justif r 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: 1. Acts of God or Nature; 2. Court orders enjoining prosecution of the Work; 3. 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 4. Suspension of the Work by written order of the Engineer for reasons other than the Contractor's failure or neglect. F. Time Calculation Protest- In the event the Contractor disputes the accuracy of the statement of Contract Time charges, it shall immediately contact the Engineer and attempt to resolve the dispute. If the dispute cannot be resolved informally, the Contractor shall submit a formal written protest to the Engineer within 7 Calendar Days of the date the Engineer mailed or delivered the statement. Failure to 87 00180 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: 1. The date the time charges stopped; 2. Final trimming and cleanup tasks (see 00140.90); 3. Equipment to be removed from the Project Site; 4. Minor corrective work (punch list); and 5. Submittals, including without limitation all required certifications, bills, forms, warranties, certificate of insurance coverage (00170.70(h)), 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: A. The reasons or causes for the delay; B. The estimated duration of the delay and the estimated resulting cumulative delay in Contract completion; C. 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; D. Whether or not the Contractor expects to accelerate due to the delay; and E. 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: A. Necessary Rights-of-Way; B. Agency-owned or Agency-controlled Materials sources that are offered in the Contract for the Contractor's use;or C. Access to,or rights of occupancy of, buildings and other properties the Contractor is required to enter or to disturb according to Contract requirements. If the duration and time period of an anticipated delay is stated in the Special Provisions, only the delay occurring beyond that duration and time period will be considered for adjusting Contract Time or providing additional compensation. 00180.70 Suspension of Work: A. General -The Engineer has authority to suspend the Work,or part of the Work,for any of the following causes: 1. Failure of the Contractor to correct unsafe conditions; 88 00180 2. Failure of the Contractor to carry out any provision of the Contract; 3. Failure of the Contractor to carry out orders issued by the Engineer, the Agency, or any regulatory authority; 4. Existence of conditions unsuitable to proper or safe performance of the Work;or 5. 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: 1. 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 2. 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 Contractor's only remedy for any delay arising from causes beyond the control of the Contractor. B. Contractor's Request Not Required-The Engineer may increase or decrease the Contract Time or the Adjusted Contract Time if Change Orders or Extra Work orders issued actually increase or decrease the amount of time required to perform the Work. The Engineer may also increase Contract Time in the event of Right-of-Way and Access delays (see 00180.65), and those delays due to causes beyond the 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. 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: 89 00180 1. Accompany a proposed revised Project Work schedule submitted according to 00180.41, for comparison with the last revision of the Project Work schedule;or 2. 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: 1. Consent of the Contractor's Surety if the request totals more than 30 Calendar Days of additional Contract Time; 2. Sufficient detail for the Engineer to evaluate the asserted justification for the amount of additional Contract Time requested; 3. The cause of each delay for which additional Contract Time is requested, together with supporting analysis and data; 4. Reference to the Contract provision allowing Contract Time adjustment for each cause of delay; 5. The actual or expected duration of delay resulting from each cause of delay, expressed in Calendar Days; and 6. 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: 1. 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; 2. Errors, changes, or omissions in the Supplemental Drawings,quantities,or Specifications; 3. Performance of Extra Work; 4. Failure of the Agency or Entities acting for the Agency to act promptly in carrying out Contract duties and obligations; 5. Acts or omissions of the Agency or Entities acting for the Agency= that result in unreasonable delay referenced in 00195.40; 6. Causes cited in 00180.50(e); and 7. 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: 1. Contentions that insufficient Contract Time was originally specified in the Contract; 2. Delays that do not affect the specified or Adjusted Contract-Time; 3. Delays that affect the Contractor's planned early completion, but that do not affect the specified or adjusted Contract Time; 4. Shortage or inadequacy of Materials, Equipment or labor; 5. Work stoppage required by the Engineer to determine the extent of Work defects 6. 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. 7. Late delivery of Materials and Equipment to be incorporated into the Work, except under those conditions referenced in 00180.50(e); 8. Different area of Material source in 00160.40(a); 90 00180 9. Substitution of Equipment in 00180.31(c); 10. Reasonably predictable weather conditions;or 11. 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. 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: 1. Fails to comply with the requirements for records; 2. Violates any material provision of the Contract; 3. Disregards applicable laws and regulations or the Engineer's instructions; 91 00180 4. Refuses or fails to supply enough Materials,Equipment or skilled workers for prosecution of the Work in compliance with the Contract; 5. Fails to make prompt payment to Subcontractors; 6. Makes an unauthorized general assignment for the benefit of the Contractor's creditors; 7. Has a receiver appointed because of the Contractor's insolvency; 8. Is adjudged bankrupt and the court consents to the Contract termination;or 9. 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; • 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: 92 00180 • If work under the Contract is suspended by an order of a public agency= for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the Work other than a suit or action filed in regard to a labor dispute;or • If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract; or; • If Agency funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Contract may be modified to accommodate a reduction in funds; or • If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract, The Engineer will provide the Contractor and the Contractor's Surety 7 Calendar Days' written notice of termination for public convenience. After such notice, the Contractor and the Contractor's Surety shall provide the Engineer with immediate and peaceful possession of the Project Site, and of Materials and Equipment to be incorporated into the Work,whether located on and off the Project Site, for which the Contractor received progress payments under 00195.50. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or Agency,which accrued prior to such termination. 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). 93 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. (e) 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. 94 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. 95 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. (e) Approaches -Vehicle scale approaches shall be: • At each end of the scale platform; • Straight and in line with the platform; and • Long enough to accommodate combination vehicles longer than the scale platform so that they are level and allow release of brakes before weighing. (d) Inspections - Contractor shall have all scales certified, that is inspected and their accuracy tested, by the Oregon Department of Agriculture, an analogous regulatory body for scales located outside the State, or a scale service company as follows: • Before use if installed at a new site; • 60 Calendar Days after initial inspection; • Every 6 months thereafter; and • When the Engineer directs additional inspections. 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. 96 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(b) and 00190.20(d). If a different scale is not available within a 30 mile round trip from the regular haul route the Agency will allow check weighing on an approved alternate basis. Check weights within 0.4% of the Contractor- provided weight are acceptable. The Engineer will resolve discrepancies found by check weighing. Agency employee costs for check weighings will be paid by the Agency. The Contractor shall pay all other costs resulting from the check weighings,including without limitation the use of other scales. If more than 50 tons per Day of all types of Materials are received from a scale,the Contractor shall make random check weighings at least every tenth day on which more than 50 tons is received or at each interval that 10,000 tons has been weighed,whichever occurs first, or as directed by the Engineer. The Contractor shall make at least one check weighing on all projects where materials are received from a scale without an automatic printer. The Contractor shall provide the Engineer with the results of the check weighing. (3) Duties of Weigh Technician -The Contractor's weigh technician shall: 97 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 00190.200. 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. 98 00195 Section 00195—Payment 00195.00 Scope and Limit: (a) General -The Agency will pay only for measured Pay Item quantities incorporated into the Work or performed according to the terms of the Contract. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment. Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment, labor, and Incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the Work or from the action of the elements,subject to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. (b) Essential or Incidental Materials or Work-When the Specifications state that the unit price for a Pay Item is compensation for certain Materials or Work essential or Incidental to the Pay Item, the same Materials or Work will not be measured or paid under any other Pay Item. 00195.10 Payment For Changes in Materials Costs - On certain projects, as identified in the Special Provisions, an escalation/de-escalation clause with respect to asphalt cement will be in effect during the life of the Contract. 00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause -Subsections 00195.13, 00195.13(a), 00195.13(b), 00195.13(c), and 00195.13(d) contain the price escalation/de-escalation clause relating to asphalt cement materials (as defined in 00195.13(d)). (a) Monthly Asphalt Cement Material Price (MACMP) -The Monthly Asphalt Cement Material Price (MACMP) will be established by the Agency each month and will be based on the published prices of PG 64 22 asphalt cement furnished by Poten & Partners, Inc. The MACMP will be based on the average prices for the Pacific Northwest,Portland Oregon area. Each MACMP for a given month will be the average of the published prices for that MACMP for each Friday in that month. For information regarding the calculation of the MACMP,and for the actual MACMP,go to the ODOT website at: http://,,vzv,,v.ore cg�n.,gov/ODOT/HWY/ESTIMATING/asphalt fucl.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 1051%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) 99 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 notice of delay according to 00180.60. The Contractor shall then promptly submit a properly supported 100 00195 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 and completed. The costs of Incidentals will be paid in proportion to the percentage of Pay Item Work completed. 101 00195 (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, FHWA Form 1273, and 00170.65. (c) Forms of Retainage -Moneys retained by the Agency under ORS 279C.570(7) shall be retained in a fund by the Agency and paid to the Contractor in accordance with ORS 279C.570. Upon written request from the Contractor,other forms of acceptable retainage are specified below in Subsections (1) through (3). "Cash, Alternate A" is the Agency-preferred form of retainage. If the Agency incurs additional costs as a result of the Contractor's election to use a form of retainage other than Cash, Alternate A, the Agency may recover such costs from the Contractor by a reduction of the final payment. (1) Cash, Alternate A- Retainage will be deducted from progress payments and held by the Agency until final payment is made according to 00195.90,unless otherwise specified in the Contract. The Agency will deposit the cash retainage withheld in an interest-bearing account in a bank, trust company,or savings association for the benefit of the Agency,as provided by ORS 279C.560(5). Interest earned on the account shall accrue to the Contractor. Amounts retained and interest earned will be included in the final payment made according to 00195.90. Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor according to 00195.50(d). (2) Cash,Alternate B (Retainage Surety Bond) -Upon receipt of an approved retainage surety bond, the Agency will limit the amount of cash retainage withheld to $10,000. The surety bond must be in the bond form provided by the Agency. The bond must be provided by the same Surety that provides the Performance and Payment Bonds. 102 00195 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. (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: 103 00195 • 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 FHWA,when a subcontractor has satisfactorily completed all of its Work, it may request release of retainage for that Work from the Contractor. The Contractor shall request reduction of retainage in the amount withheld for the subcontractor's Work after certifying to the Agency that the subcontractor's Work is complete, and that all contractual requirements pertaining to the subcontractor's Work have been satisfied. Within 60 Calendar Days of the end of the month in which the Agency receives the Contractor's certification regarding the subcontractor's Work, the Agency will either notify the Contractor of any deficiencies which require completion before release of retainage, or verify that the subcontractor's Work complies with the Contract and release all retainage for that Work with the next scheduled progress payment. Within 10 Calendar Days of receipt of retainage, the Contractor shall pay to the subcontractor all such retainage released except for latent defects or warranty. • The Agency will only release retainage for satisfactorily completed portions of the Work represented by Pay Items in the Schedule of Items, or by Pay Items added by Change Order. Work not represented by a Pay Item, but which constitutes part of an uncompleted Pay Item, will not be regarded as satisfactorily completed Work for the purposes of this Subsection. If retainage has been reduced or eliminated,the Agency reserves the right to protect its interests by retaining amounts from further progress payments at the rates provided in 00195.50(b). (e) Withholding Payments -In addition to any other rights the Agency may have to withhold payments under other provisions of the Contract, the Engineer may withhold such amounts from progress payments or final payment as may reasonably protect the Agency's interests until the Contractor has: • 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 fads to do so, the Agency will retain 25% of any amount earned as required in 00170.65. (0 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. • 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: 104 00195 • 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 00 195.50,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. (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 00 180.90 will be determined under (a) or (b) of this Subsection. 105 00195 (a) Termination for Default- Upon termination of the Contract for the Contractor's default,the Agency will make no further payment until the Project has been completed. The Agency will make progress payments to the party to whom the Contract is assigned, but may withhold an amount sufficient to cover anticipated Agency costs, as determined by the Engineer, to complete the Project. Upon completion of the Project, the Engineer will determine the total amount that the defaulting Contractor would have been entitled to receive for the Work, under the terms of the Contract, had the Contractor completed the Work (the "cost of the Work"). If the cost of the Work,less the sum of all amounts previously paid to the Contractor,exceeds the expense incurred by the Agency in completing the Work, including without limitation expense for additional managerial and administrative services, the Agency will pay the excess to the Contractor, subject to the consent of the Contractor's Surety. If the expense incurred by the Agency in completing the Work exceeds the Contract Amount, the Contractor or the Contractor's Surety shall pay to the Agency the amount of the excess expense. The Engineer will determine the expense incurred by the Agency and the total amount of Agency damage resulting from the Contractor's default. That determination will be final as provided in 00150.00. If a termination for default is determined by a court of competent jurisdiction to be unjustified, it shall be deemed a termination for public convenience, and payment to the Contractor will be made as provided in Subsection (b) below. (b)Termination for Public Convenience: (1) General - Full or partial termination of the Contract shall not relieve the Contractor of responsibility, for completed or performed Work, or relieve the Contractor's Surety of the obligation for any just claims arising from the completed or performed Work. (2) Mobilization- If mobilization is not a separate Pay Item,and payment is not otherwise provided for under the Contract,the Agency may pay the Contractor for mobilization expenses,including moving Equipment to and from the Project Site. If allowed,payment of mobilization expenses will be based on cost documentation submitted by the Contractor to the Engineer. (3) All Other Work-The Agency shall pay the Contractor at the unit price for the number of Pay Item units of completed, accepted Work. For units of Pay Items partially completed, payment will be as mutually agreed,or,if not agreed, as the Engineer determines to be fair and equitable. No claim for loss of anticipated profits will be allowed. The Agency will purchase Materials left on hand according to 00195.80. 00195.80 Allowance for Materials Left on Hand: (a) Purchase of Unused Materials -If Materials are delivered to the Project Site,or otherwise acceptably stored at the order of the Engineer, but not incorporated into the Work due to complete or partial elimination of Pay Items, changes in Plans, or termination of the Contract for public convenience according to 00180.90, and it is not commercially feasible for the Contractor to return them for credit or otherwise dispose of them on the open market; the Agency will purchase them according to the formula and conditions specified in Subsection (b) below. (b) Purchase Formula and Conditions: 106 00195 (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. AN 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; • 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 107 00195 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. 108 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. 109 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 furnished 110 00197 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. (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, 111 00197 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 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. 112 00197 (c) Required Benefits -The actual amount paid to, or on behalf of, workers as per them 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. 113 00199 Section 00199-Disagreements,Protests, and Claims 00199.00 General-This Section details the process through which the parties agree to resolve any disagreement concerning additional compensation or concerning a combination of additional compensation and Contract Time. (See 00180.80 for disagreements and claims concerning additional Contract Time only, and 00195.95 for disagreements and claims concerning correction of final compensation.) The Agency will not consider direct disagreements,protests,or claims from subcontractors,Suppliers,or any other Entity not a party to the Contract. 00199.10 Procedure for Resolving Disagreements -When disagreements occur concerning additional compensation or a combination of additional compensation and Contract Time, the Contractor shall first pursue resolution through the Engineer of all issues in the dispute, including without limitation the items to be included in the written notice in 00199.20. If the discussion fails to provide satisfactory resolution of the disagreement,the Contractor shall follow the protest procedures outlined in 00199.20. If the Engineer denies all or part of the Contractor's protest, and the Contractor desires to further pursue the issues,the Contractor shall submit a claim for processing according to 00199.30. 00199.15 Inappropriate Protest or Claim- It shall be presumed that the Contractor submits a protest or claim for additional compensation in good faith,based upon facts which reasonably support the Contractor's position and with full knowledge and understanding of the injury done to the Agency when notice of differing Project Site conditions or claims for additional compensation are not submitted in a timely manner as required under the Contract. Accordingly, the submission of a protest or claim without the concurrent submission of evidence that reasonably supports the protest or claim,or the submission of a protest or claim in an untimely manner will constitute a waiver of the protest or claim. 00199.20 Protest Procedure - f the Contractor disagrees with anything required in a Change Order or other written or oral order from the Engineer,including any direction,instruction,interpretation,or determination, or if the Contractor asserts a disagreement or dispute on any other basis, except 0195.95, that, in the Contractor's opinion,entitles or would entitle the Contractor to additional compensation or a combination of compensation and Contract Time,the Contractor shall do all of the following in order to pursue a protest and preserve its claim: (a) Oral Notice - Give oral notice of protest to the Engineer and outline the areas of disagreement before starting or continuing the protested Work. (b) Written Confirmation of Oral Notice—Not later than the end of the next business day following the day that oral notice of protest is given,deliver written documentation to the Engineer of the oral notice that includes the notice of protest and the areas of disagreement. (e) 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 Nvill avoid damage to Contractor or to the Project; • Describe the nature of the damages; • Cite the specific Contract provision(s), if any, that support the protest; • Include the estimated dollar cost,if any,of the protested Work,and furnish a list of estimated Materials, Equipment and labor for which the Contractor might request additional compensation;and • If additional compensation is estimated to be due, include the estimated amount of additional time required,if any. 114 00199 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 00199.200, the Contractor may request that a mutually selected Third Party Neutral review the protest. Procedures for selecting,using, and paying for the cost of the Third Party Neutral will be specified by Change Order. If the Contractor does not accept the Engineer's evaluation of the protest, or either the Contractor or Engineer disagrees with the resolution recommended by the Third Party Neutral, the Contractor may pursue a claim as described in 00199.30. 00199.30 Claims Procedure: 115 00199 (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. 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 116 00199 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(o); (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; (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 117 00199 • Any daily reports or diaries related to the event,photographs or media that help explain the issue or event (optional), or all other information the Contractor chooses to provide (optional); (Part 9) Certification (label page 9.1 through 9.X) - A certified statement, signed by a person authorized to execute Change Orders, by the Contractor, subcontractor, Supplier, or Entity, originating the claim, as to the validity of facts and costs with the following certification: Under -L XL penal�v of law orfalsfcation, Me undersigned, (Name), aille). �Loyan certifies that this claim for additional coinbensalionjor Fork on the Contract is a true statement of the actual costs incurred(in the amount of exclusive of interest)and isfull documented and supported under the Contract between the patties. Signature: 120 Subscribed and sworn before me this—day of 20 NotaryPublic My commission expires (Part 10) Contractor evaluation of a lower tier claim (label page 10.1 through 10.X) - If the claim includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the Contractor, the following are required: • Data required by the other Subsections of 00199.30(b); • Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of which the claim originates, separate evaluation of entitlement; • Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of which the claim originates, independent verification and evaluation of the amount of damages sought; and • A person authorized to execute Change Orders on behalf of the Contractor,subcontractor,Supplier and Entity, at all tiers above the level of which the claim originates, must sign a statement with the following certification: Under penalty of law for penury or falsification, the undersigned, a e) aitle), ompan certifies that this claim originating AL gfrom the subcontractor, Supplier or En1i?)L�ComLanj1jJor additional compensation for Wlork on the Contract is a reasonable statement, independently verified, of/be costs incurred(in the amount of exclusive of interest) and is full documented and supported under the Contract between the patties. Signature: Date: 20 Subscribed and sworn before me this day of 20 Notary Public My commission expires If the Engineer determines that additional information,records or documentation is needed to allow proper evaluation of the claim submittal, the Engineer will request the information, records or documentation. 118 00199 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. 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). 119 00199 (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= 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. 120 00199 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 Emit to request review. If the Contractor requests the review, the Public Works Director (or designee)-will schedule a review meeting within 14 Calendar Days, or as otherwise agreed by the parties, of when the Public Works Director (or designee)receives the written review request. The Agency and the Contractor will each have an opportunity to explain their respective positions at the review meeting in a manner determined by the Public Works Director (or designee). Within 10 Calendar Days of the review meeting, the Public Works Director (or designee)will issue a written proposed finding of whether the records not maintained or not provided to the Agency, or for which access was not provided to the Agency, are material and necessary for proper evaluation of part or all of the claim. If the Public Works Director(or designee)makes that finding,then the Public Works Director(or designee)-will also make a proposed written finding as to what portions of the claim the records are material and necessary and, therefore,waived and irrevocably dismissed. Even if the records have not been maintained or the records,or access to the records,have not been provided to the Agency in a given instance, the Public Works Director (or designee) may determine that sufficient records have been provided for the Agency to properly evaluate the claim in that instance. If the Public Works 121 00199 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. 122 ATTACHMENT L-SPECIAL PROVISIONS CITY OF TIGARD 124TH AVE.&ANN COURT CULVERT REPLACEMENT APPLICABLE SPECIFICATIONS WORK TO BE DONE The work to be done under this contract consists of replacing a damaged culvert, replacing adjacent catch basins, and constructing new sidewalk on 124"'Avenue. City of Tigard Project is No. 94038. Work under this contract will replace the existing 30"CMP culvert with a larger,80'long Aluminum Structural Plate (ALSP) culvert with concrete headwalls. Additionally, two catch basins will be replaced adjacent to the culvert, approximately 130' feet of new sidewalk will be constructed on the east side of 124`h Avenue,a LIDA water quality swale will constructed and existing waterline in the vicinity of the culvert will be replaced with new waterline. APPLICABLE SPECIFICATIONS The Specifications,which are applicable to the work on this project,are: • APWA/ODOT 2018 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 00110—TERMS,ABBREVIATIONS,AND DEFINITIONS Comply with Section 00110 of the Standard Specifications modified as follows: Meaning of Terms— Add the following after the last bullet: This is a City of Tigard project. Substitute terms pertaining to: • Transportation Commission with Tigard City Council • I,"ngineer with Public Works Director or their authorized representatives • Department with the City of Tigard • Other like terms with City of Tigard substitutes SECTION 00120—BIDDING REQUIREMENTS AND PROCEDURES Comply with Section 00120 of the City of Tigard General Conditions,modified as follows: 00120.01 General Bidding Requirements Bids must be submitted in writing before the deadline and at the location stated in the Advertisement for Bid. 00120.03 Request for Solicitation Documents Bid Package,Plans and Specifications are available online at www.tigard-or/gov/business/bids or in person at'Tigard City Mall located at 13125 SW 1 fall Blvd.'Tigard, OR 97223 at no charge. Copies of the Oregon Standard Specifications for Construction 2015 may be downloaded or purchased online at http:Z/www.oregn.gov/ODOT/I1WY/SPECS/Pages/standard specifications.aspx (a) Paper Bids Bidders must obtain Solicitation documents from the City of Tigard,either online at w-,,x,w.tigard-or.gov/bus'mess/bids or in person at Tigard City I fall located at 13125 SW Ilan Blvd.Tigard, OR 97223. Each request must include both the name of the person ordering or obtaining the Solicitation Documents, and the name of the Entity intending to use them. (The City will add the name of the Entity intending to use the Solicitation Documents obtained from the City of Tigard may be used to submit Bids. (b) Standards and Specifications—The work embraced herein shall be done in accordance with the following standards and specifications. Standards and Specifications Found at locations below City of Tigard Public Improvement Design Download from the City's web Standards site Manual on Uniform Traffic Control Devices (MUTCD) Oregon Standard Specifications for Available in paper or electronic Construction 2015 format from ODOT 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. The Agency will provide Addenda only by publishing them on the Agency's web site. See the CITY web site page included with the Special Provisions for the web site address where the Addenda are available. Addenda may be downloaded from the web site. Bidders shall be responsible for checking the Agency web site for Addenda. Bidders should check the web site weekly until the week of Bid Closing and daily the week of Bid Closing. Bidders, not the Agency, shall be responsible for failure of Bidders to check and download Addenda. Bids shall incorporate all Addenda. Bids may be rejected if opened and found by the Agency to not be based on all Addenda published on the web site before Bid Closing. SECTION 00150—CONTROL OF WORK Comply with Section 00150 of the Standard Specifications modified as follows: Coordination of Specifications and Plans — Add the following before the first bullet: City of Tigard General Contract Conditions and Special Conditions govern over all Standard Specifications Sections. 00150.15(c) Contractor Responsibilities - Replace this subsection, except for the subsection number and title,with the following: Perform the responsibilities described in 00305.00. Add the following subsection: 00150.50(4) Cooperation with Utilities: The Contractor shall notify all utilities that may be affected by the construction operation at least 48 hours in advance that their services will be affected by the work and make reasonable accommodations (in the Judgment of the i en9neer) for the operation of these utilities. 00150.15(c) Contractor Responsibilities—Replace this subsection, except for the subsection number and title,with the following: The Contractor shall be perform all construction staking. The Contractor shall perform the Contactor responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305) and the following: 00150.60 Construction Equipment Restrictions - Add the following subsection: 00150.60(d) Access and Work Zone – Construction equipment access shall be limited to existing public right-of-way, and easements. SECTION 00165–QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications modified as follows: 00165.04 Costs of Testing–Add the following: City will hire testing agency and will pay for costs of testing. SECTION 00170–LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the Standard Specifications modified as follows: Permits, Licenses, and Taxes - Add the following bullets: • All applicable permits and certifications from the Oregon Department of State Lands(DSL),United States Army Corps of Engineers, Oregon Department of Environmental Quality (DEQ), and Clean Water Services must be obtained prior to the start of work. SECTION 00180–PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications, supplemented by the City of Tigard General Conditions located within this booklet, and modified as follows: 00180.40(a) In General–Add the following bullets: • Work is permitted between the following hours • 7:00 a.m. to 7:00 p.m. Monday through Saturday • 9:00 a.m. to 5:00 p.m. Sunday • Modifications to these work hours must be 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 90 Calendar Days of issuance of the Notice to Proceed. 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 00 180.50 (h) will be $500 per Calendar Day. SECTION 00220—ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.02 Public Safety and Mobility—Add the following bullets to the end of the bullet list: Provide necessary signage and protective measures to ensure that no pedestrian traffic is endangered within the project limits at any time. 00220.40(c) Driveways—Add the following bulleted item(s): • Coordinate with residences and obtain approval to close access to property at least 48 hours in advance. • Contractor shall restrict haul routes/hauling activities to SW 124`h Avenue and SW Katherine Street. 00220.03(b) Closures—Add the following bulleted item(s): • Obtain a City of Tigard Permit for all street closures prior to closing the street. Obtain permit at least 7 days in advance of actual closures. • 124`" Avenue may be closed for a total of 45 consecutive days but must be back open to traffic by September 2, 2019. Reasonable accommodations shall be made to open the road during the closure in the evenings and on weekends. • Contractor shall provide notice in writing a minimum of 7 calendar days before closure can begin. • Provide notice to business and residents of upcoming construction at least 1 week, but no more than 2 weeks before construction is expected to begin in front of their property. The notice will be on an approved form or letter. The notice shall include the Project name, the name and address of the Contractor, daytime and emergency phone numbers, daytime Project contact person's name and an emergency contact person's name. If other means of delivery are not effective, the notice shall be hung on a business's or resident's building in a waterproof plastic bag. The notice letter shall be approved by the City prior to disseminating. • The Contractor shall notify the applicable following agencies and organizations a least five (5) working days in advance that their services will be affected by the work, including lane/road closures or other restrictions which could cause delay to emergency, delivery or transit vehicles. The information below is provided for the contractor's convenience;it is the contractor's responsibility to make sure each entity is properly notified. Emergency Services 911 City of Tigard Police Department (Non-Emergency) 503-629-0111 Tualatin Valley hire& Rescue (Station 50) (Brian Smith) 503-649-8577 United States Post Office (Non-Emergency Services) 503-968-0753 or 503-968-2991 United States Post Office (Emergency Services) 866-261-6412 Pride Disposal (Lottie Schmidt) Ext. 129 503-625-6177 Tigard-Tualatin School District Transportation 503-431-4044 00220.40(e-1) Closed Lanes—Add the following bulleted item(s): • While the 45-day closure of 124" Avenue is in place, temporary traffic controls shall be installed to more efficiently move traffic around the project limits. This shall include, but is not limited to, detour signage on SW Walnut Street, SW 121" and the local roads necessary for routing traffic to these roads. The locations of the temporary traffic control devices shall be as directed by the City. Contractor shall be prepared to adjust their location if necessary in order to more efficiently move traffic around the project limits during the closure period. Temporary Traffic Controls with approximate numbers shall be provided as follows: • Type III Barricades—quantity to provide sufficient width from curb to curb and sidewalk to restrict travel from either direction at closure • Road Closed—up to 2 each • Sidewalk Closed—up to 2 each • Road Closed to Thru Traffic—up to 2 each • Temporary Detour Signs—up to 10 each • Project Information Signs—up to 2 each o Signs shall be approximately 16 square feet. Exact size and lettering to be determined by the City. SECTION 00225—WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications, modified as follows. General Requirements—Delete all paragraphs after the third paragraph of this subsection which begins with Install a 48 inch "TRUCKS" sign.... 00225.41(b-4)Temporary Sign Supports - Replace the bullet that begins "Do not tip over TSS..." with the following bullet: • Do not tip over anyTSS that is exposed to traffic,unless approved by the Engineer or the TSS is protected from traffic by a barrier system. 00225.90 (b) Method"B"—Lump Sum Basis—Add the following: Payment shall also include all temporary pedestrian and construction fencing both during and after active construction. All materials and labor as required to maintain local access per Section 00220 shall be included in this pay item. SECTION 00240—TEMPORARY DRAINAGE FACILITIES Comply with Section 00240 of the Standard Specifications modified as follows: Add the following subsection: 00240.91 Incidental Basis -When neither the Special Provisions nor the Contract Schedule of Items indicate separate payment for the work under this section, all work and materials will be considered Incidental and no separate payment will be made. SECTION 00280—EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: 00280.00 Scope - Add the following: Prepare and submit an ESCP. Submit a revised ESCP for each proposed modification to the most current Engineer-approved ESCP, and obtain Engineer approval prior to beginning work. Engineer may require additional erosion and sediment control measures at no additional cost to the Agency in order to approve submitted methods of operations and scheduling. Identify and describe appropriate erosion control measures as part of the Pollution Control Plan requirements of 00290.30(b). Temporarily block inlets and catch basins to prevent materials from entering them or waterways. 00280.41(b) Perimeter Controls - Add the following after the last sentence: Sediment fencing shall be installed 5 feet beyond the limits of any cut or fill slopes and as shown on the approved FISCR 00280.41(d) Disturbance Restrictions -Add the following before the first sentence: Limit each ground disturbing construction stage to the amount of disturbed area that can be effectively controlled for soil erosion and sediment resulting from construction activities. 00280.62 Inspection and Monitoring- Replace this subsection,except the subsection number and tide, with the following: Inspect all erosion BMP and review the project site for potential erosion or sediment movement on a weekly basis and when 1/2 inch or more of rainfall occurs within a 24 hour period. If a significant noncompliance or serious water quality issue occurs which may endanger health or the environment,verbally report to the Engineer with 24 hours. 00280.90 Payment-Replace this subsection, except for the subsection number and title,with the following: The accepted quantities of work performed under this Section will be paid for at the Contract unit price,per unit of measurement, for the following items: Pay Item Unit of Measurement (a) Erosion and Sediment Control.......... Lump Sum Item (a) includes: • Developing,revising, and documenting the F SCP • Mobilization • Installation and construction of all erosion prevention,runoff control, and sediment control devices • Monitoring activities • Inspecting,maintaining,and removing erosion control devices • Restoring, mulching, tacking, and seeding all disturbed ground,work, and storage areas not otherwise covered When only item (a) is listed in the Contract Schedule of Items, additional BMP required for permit compliance will be paid for as Extra Work according to Section 00196. Partial payments for item (a) will be made as follows: • When the initial Contractor developed SSCP, narrative, and schedule are complete and accepted, and the initial erosion control devices are installed .....................25% • When 50 percent of the Contract is complete, excluding advances on materials.......25'V() • When 75 percent of the Contract is complete, excluding advances on materials.......25% • At completion of the Contract and all erosion control devices are either removed from the Project site or are fully functioning as permanent BMP......... 25% Payment will be payment in full for furnishing and placing all materials,and for furnishing an equipment, labor, and incidentals necessary to complete the work as specified. No separate or additional payment will be made for: • Removing and disposing of sediment build-up behind sediment fences and sediment barriers • Removing and reinstalling required appurtenances to modify temporary slope drains as the embankment slopes are changed • Constructing and removing temporary slope berms • Applying dust control • Erosion control for work outside the construction limits including but not limited to borrow pits, haul roads, disposal sites, and equipment storage sites SECTION 00290—ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: Add the following subsection: 00290.30(a-7) Emergency Materials - Provide and stockpile the following emergency materials on the Project site: No work can be done on the Kruger Creek headwalls or any earthwork relating to the new culvert until these items are available for use. Item Quantity (a) Heavyweight Absorbent Pads...............................25 (b) Oil Booms.....................................................5 (c) Spill Control Absorbents - to absorb a minimum of 5 gallons Add the following section: 00290.34(c) Fish Salvage Operation—Comply with all requirements in the U.S. Army Corps of Engineers Permit NNXT-2018-386 and Oregon DEQ 401 Water Quality permit dated 3/15/2019 for this project. All work at or below top of Newton creek bank must be completed per the Corps of Engineers and Oregon DEQ permits within the in-water work period of July 15,2019 through September 30,2019. Contractor shall notify the Engineer and permitting agencies at least fourteen days prior to any work being completed for the Kruger Creek culvert and associated improvements. Specific construction conditions and sequencing for this work are as follows: • The length of Kruger Creek waterway being dcwatered,if required by ODFW,will be no longer than 150 feet. Upstream cutoff location should be at the limits of the slope grading on the banks of Kruger Creek southwest of the upstream headwall. • Contractor shall, if required by ODFW, secure fish salvage permit and conduct fish passage simultaneously with the sand bag dam installation. Contractor shall not install sand bag dam without Contractor's fish salvage team onsite to supervise and conduct fish salvage, as well as Engineer onsite to monitor fish salvage. • The sand bag dam,if required,will be constructed using clean materials (i.e.,cleaned rock, sand/gravel bags, or other similar type material). The bypass pipe(s) shall not contain chemicals, oils or other deleterious residues. Contractor shall be prepared to install one or more diversion pipes with a smooth . interior wall (* e. corrugated metal pipe will not be an acceptable material) capable of carrying up to an 1 estimated 2 cfs of flow anticipated in Kruger Creek during summer months. Final shape of pipes shall be determined by the Contractor and submitted for approval. I ligher flows may be experienced during significant rain events and Contractor should have contingency plans in the event this occurs. Owner is providing the flow information as a guide to the Contractor to make a better informed selection for size and capacity to divert through the dewatered area. • A barrier (i.e. sheeting or geotcxtile matting) will be placed between the natural streambed and the materials used for the dam and small drainages or wetlands where applicable. • The creek will be dcwatcred using a gravity flow pipe bypass through the construction area. Where a sump pump is used to dewater the construction area itself, it shall discharge to a sediment-trapping filter bag at a nearby upland location (no discharge to creek,wetlands or ditches). • Once construction has ended, the streambanks will be stabilized and re-graded to match adjacent existing contours. • The sand bag dam will slowly be removed to re-water the construction area and the bypass pipe will be removed.The diversion structure will be removed slowly (1/3 d at a time),while bypass pipe continues to convey flow through middle of construction area. Bypass pipe shall be removed after the sand bag dam is removed and lifted out (not dragged across creek bed or creek banks). 00290.90 Payment- Replace the first sentence with the following: The accepted quantities for work performed under Section 00290 will be paid for at the Contract lump sum amount for the items "Work Area Isolation" and "Scientific'fake Permit". • Payment for the "Work Area Isolation" item shall represent full payment for all labor and materials required for management, setup, planning, permitting, submittals, testing, monitoring, and reporting required for work area isolation measures and associated temporary water management measures within and/or impacting the waters of Kruger Creel:. Implementation, and subsequent payment, of this bid item will only be realized if the stream is determined to have flowing water necessitating work area isolation as determined by a representative of the Oregon Department of Dish&Wildlife (ODFW). • Payment for the "Scientific'fake Permit" item shall represent full payment for all labor and materials required for management, setup, planning, permitting, submittals, testing, monitoring, and reporting required for fish salvage and rescue within any Kruger Creek work area isolation measures required for the project by ODFW. Implementation, and subsequent payment, of this bid item will only be realized if the fish salvage and rescue is determined to be necessary by a representative of the ODFW. Replace the paragraph that begins with "Payment Includes..."with the following: No separate payment will be made for,but not limited to, the following: • Contractor's Pollution Control Plan • Spill Prevention Control and Countermeasures plan • Ilazardous Waste Contingency plan • hazardous waste determination • determination of generator category • the Certified I lazardous Materials Manager • the Professional on-call Spill Response Team • Documentation of any and all spill response efforts • Emergency Materials • Response and cleanup expenses 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: http://www.oregon.gov/01)0'1'/IIWY/(;I,"OMI�l'RONIC S/Pagcs/documcnts.aspx Measurement 00305.80 Measurement-No measurement of quantities Will be made for construction survey work. Payment 00305.90 Payment-The accepted quantities of construction survey work will be paid for at the Contract lump sum amount for the item "Construction Survey Work". Payment will be payment in full for furnishing all material, equipment, labor, and incidentals necessary to complete the work as specified. No separate or additional payment will be made for any temporary protection and direction of traffic measures including flaggers and signing necessary for the performance of the construction survey work. Flaggers that are paid under a separate item in the Contract schedule of items shall not be used for this work. No separate or additional payment will be made for preparing surveying documents including but not limited to office time,preparing and checking survey notes, and all other related preparation work. Costs incurred caused by survey errors will be at no additional cost to the Agency. Repair any damage to the Work caused by Contractor's survey errors at no additional cost to the Agency. The Engineer may make an equitable adjustment, which may decrease the Contract Amount, if the required survey work is not performed.\ SECTION 00310—REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section 00310 of the Standard Specifications. SECTION 00320—CLEARING AND GRUBBING Comply with Section 00310 of the Standard Specifications. SECTION 00330—EARTHWORK Comply with Section 00330 of the Standard Specifications modified as follows: 00330.80 Measurement- Add the following after the bulleted list: No field measurement of earthwork items will be performed. The quantity will be the theoretical neat line volume constructed and accepted for each item. If changes are ordered,only the quantity included in the ordered changes will be measured. 00330.81 Excavation Basis Measurement- Replace this subsection, except for the subsection number and title,with the following: No measurement of excavation items will be made. The estimated quantities are as follows: Excavation Embankment Excavation Project Location (Cubic Yard) (Cubic Yard) ALSP Culvert and I Ieadwalls 25 775 ACP, Sidewalk, Curb 50 75 Embankments required or necessary to project improvements on the excavation basis will not be measured separately. Estimated quantities for each embankment location are identified above. 00330.91(b) Foundation Excavation-Add the following bulleted item: • When foundation excavation is not included in the Schedule of Items, foundation excavation will be paid according to 00331.90. 00330.93 Excavation Basis Payment-Modify this section as follows: Pay Items Unit of Measurement (a) General Excavation..........................................Lump Sum SECTION 00390—RIPRAP PROTECTION Comply with Section 00390 of the Standard Specifications. SECTION 00445—SANITARY, STORM, CULVERT, SIPHON,AND IRRIGATION PIPE Comply with Section 00445 of the Standard Specifications modified as follows: 00445.40(a)Trench Work- Add the following bullets: • Bypassing of stream will not be required for this project. • Contractor to have culvert headwall bedding tested by a Geotechnical Engineer to determine allowable bearing pressure meets the minimum bearing pressure indicated on the plans. • Contractor shall furnish written approval of subgrade and anticipated subgrade bearing pressures from Geotechnical Engineer a minimum of 2 business days prior to installation of any portion of the culvert and/or headwalls. 00445.80(a) Pipes - In the length bullet, add ", to the nearest foot" after the word "applicable". Replace the first paragraph of the second bullet with the following: • Depth-Depth will be used to determine the maximum depth and pay item for each pipe. The maximum depth range, to the flow line, for each pipe will be 0 to 20.0 feet, and over 20.0 feet as applicable. 00445.91 Payment- Modify this section as follows: Add the following: Pay Items Unit of Measurement (i) Aluminum Structural Plate Pipe Arch Culvert.....................................foot — 10'-3" span x 6'-9" rise SECTION 00470—MANHOLES, CATCH BASINS,AND INLETS Comply with Section 00470 of the Standard Specifications modified as follows: 00470.80 Measurement—ADD the following: Miscellaneous items not measured, but included, are thermoplastic pavement markers adjacent to inlets and catch basins reading `Do Not Dump, Drains to River' or similar, per City of Tigard and/or Clean Water Services standards. SECTION 00530—STEEL REINFORCEMENT FOR CONCRETE Comply with Section 00530 of the Standard Specifications modified as follows: 00530.80(a) Lump Sum- Add the following to the end of this subsection: The estimated quantity of reinforcement is: Quantity Structure Uncoated (Pound) Headwall Structures (total) 4,200 The weight of miscellaneous metal, based on weights listed in 00530.80(b) and Project quantities,is included in the estimated quantity of uncoated reinforcement. SECTION 00540—STRUCTURAL CONCRETE Comply with Section 00540 of the Standard Specifications modified as follows: 00540.80(a-1) Lump Sum - Add the following to the end of this subsection: The estimated quantity of concrete is: Headwall Structure(s) Type and Class Quantity (Cu.Yd.) General Structural Concrete, Class 4000 26 SECTION 00640—AGGREGATE BASE AND SHOULDERS Comply with Section 00640 of the Standard Specifications modified as follows: 00640.10 Materials—Add to the end of this subsection with the following: Furnish 3/4"—2" crushed,wash aggregate for pervious concrete base. Use clean,hard, durable aggregates, reasonably well-graded from maximum size to 3/4". I�urnish 1" crushed,washed aggregate for pervious concrete choker course. Use clean, hard,durable, straight-graded aggregates. Furnish Streambed Mix. Streambed aggregates shall be naturally occurring water rounded aggregates. Aggregates from quarries, ledge rock, and talus slopes are not acceptable for this application. Streambed aggregates shall meet the following test requirements for quality: Aggregate Property Test Method Requirement Degradation Factor: ODOT TM 208 30% max. passing No. 20 sieve Los Angeles Wear, 500 Rev. AASHTO T 96 50% max. Bulk Specific Gravity AASHTO T 85 2.55 min. Streambed Mix hall conform to the following gradation: Sieve Resignation Percentage by Weight (square openings) Passing Sieves 2 V2 inch 100 2 inch 65- 100 1 inch 50-85 US No. 4 26-44 US No. 40 16 max. US No. 200 5.0-9.0 All percentages are by mass. The portion of sediment retained on US No. 4 sieve shall not contain more than 0.2 percent wood waste. 00640.43 Shaping and Compacting- Replace the paragraph that begins with "Continue the compactive effort ..." with the following: Begin compaction of each layer of dense-graded aggregates immediately after the material is spread. Continue compaction to achieve a minimum of 100%of maximum density. Determine maximum density according to AASI ITO T 99,Method D. 'fest in place density according to AASI ITO T 310. Determine in place compaction of non-density testable material according to ODOT`I"M 158. 00640.80 Measurement - Replace this subsection,except for the subsection number and title,with the following: The quantities of aggregate will be measured on the volume basis. Quantities will be the theoretical neat line quantity=constructed and accepted. The Aggregate Base quantity shown in the contract Bid Schedule is the sum of the following theoretical neat line quantities: 750 Aggregate Base and backfill for the ALSP culvert and headwalls 50 cubic yards for roadway pavements,walks, curbs Field measurement of the quantity will not be performed. A quantity=is included in the Contract Schedule of Items for ordered changes,including subgrade stabilization. If changes are ordered, only the quantity included in the ordered changes will be measured. 00640.90 Payment- Replace the Pay Items and Unit of Measurement list with the following: Pay Item Unit of Measurement (a) Streambed Mix cubic yard (b) Aggregate Base cubic yard Add the following to the end of this subsection: No separate or additional payment will be made for aggregate base shown but not included in the theoretical neat line quantities listed in 00640.80. SECTION 00744—ASPHALT CONCRETE PAVEMENT Comply with Section 00744 of the Standard Specifications. SECTION 00757—PLAIN PERVIOUS CONCRETE PAVEMENT Section 00757,which is not a Standard Specification,is included in this project by special provision. Description 00757.00 Scope - This work consists of constructing pervious Portland cement concrete pavement as shown and specified. 00757.01 Abbreviations: ASTV - Actual Strength Test Value CCT - Concrete Control Technician CAgT - Certified Aggregate Technician LSL - Lower Specification Limit MFTP - Manual of 1 Field Test Procedures—Oregon 2016 QCT - Quality Control Technician PI - Profile Index PCC - Portland Cement Concrete SSD - Saturated Surface-Dry SSFC - Stationary Side Form Construction SSTV - Sublot Strength Test Value USL - Upper Specification Limit 00757.04 Pre-paving Conference: (a) Pre-paving Conference - Supervisory personnel of the Contractor and any subcontractor's who are to be involved in the concrete paving work shall meet with the Project Manager, at a mutually agreed time, to discuss methods of accomplishing all phases of the paving work. Materials 00757.10 General- Furnish materials meeting the following rcquircments: Bar Reinforcement 02510 Concrete Materials 02001 Admixtures 02040 Curing Materials 02050 Epoxy and Nonepoxy Bonding Agents 02070 Epoxy and Nonepoxy Grouts 02080 Galvanizing 025.30.70 00757.11 Classes of Concrete- Furnish Class 2400 psi with 1/4"maximum aggregate pervious concrete. 00757.13 Concrete Mix Designs -Prepare and submit either new mix designs or current mix designs for each class of concrete required according to Section 02001. 00757.14 Concrete Mix Tolerances and Limits - Provide a concrete mixture with a void structure of 17% +/- 2% 00757.15 Quality Control- Perform quality control according to Section 00165 and the following. (a) Concrete Mixture-Provide a QCT to sample and test concrete for all classes of concrete. Provide a CCT to prepare new mix designs and to make adjustments in current mix designs for all paving concrete. Provide a CCT, as required in Table 02001-1, for all paving concrete during concrete placements who is authorized to control the production of concrete. If the results of any test are outside of the specification limits, stop the placement of the load. Correct the load or reject it and do not incorporate it into the work.Test subsequent loads before any further concrete placement.Correct the subsequent loads if any of the tests are still outside the specification limits. If the load cannot be corrected,reject it and do not incorporate it into the work. 'Testing of subsequent loads may return to the specified frequency when the test results from two consecutive loads arc shown to meet the specification limits. Rejcct the concrete mix if it has not been placed within 90 minutes (120 minutes if a hydration stabilizer is used) after being mixed or it has begun to take initial set before placement. (b) Records-Deliver all batch tickets,water-cement ration calculations,and all other records required in (a) above to the l ngineer upon availability but no later than the morning of the next day. 00757.16 Acceptance of Concrete: (a) General - Acceptance of concrete will be based on the results of the Contractor's quality control testing according to Section 00165. (b)Aggregate - Acceptance will be based on the Contractor's quality control testing, if verified by the Agency according to Section 00165. (1) Aggregate Gradation - A stockpile contains specification aggregate gradation when the quality level for each sieve size calculated according to 00165.40 is equal to or greater than the quality level indicated in Table 00165-2 for a PF of 1.00. Each required sample represents a sublot. When the quality level indicated in Table 00165-2 yields a PF of less than 1.00 for any constituent, the material is non-specification. (2) Non-specification Aggregate Gradation-Stockpiled aggregates that contain non-specification aggregate gradation will be rejected by the Engineer unless non-specification material is removed from the stockpile.Do not add additional material to the stockpile until enough non-specification material is removed so that the quality level for each constituent is equal to or greater than the quality level in Table 00165-2 for a 1.00 PF. (e) Freshly Mixed Concrete-Acceptance of freshly mixed concrete will be based on the tests performed by the Contractor's QCT, according to ASTM 01688 per the tolerances and limits of 00757.14. (d) Hardened Concrete -Acceptance of hardened concrete will be based on the tests performed by the Contractor's QCT, according to ASTM 01754 per the tolerances and limits of 00757.14. Equipment 00757.22 Hauling Equipment - Transport concrete in non-agitating equipment. Truck mixers may be used to transport concrete only as permitted in 00757.45. Hauling equipment shall conform to AASI-ITO M 157.12 or M 157.11.6 when permitted. 00757.24 Concrete Saws - Provide power driven concrete saws for sawing joints, adequate in number of units and power to complete the sawing at the required rate. Also provide a standby saw on the jobsitc. Vacuum the cutting slurry or use other means to remove the slurry. Use of early entry saws are not allowed due to the requirement for immediate covering of the concrete. 00757.25 Smoothness Testing Equipment- Provide two 12 foot straightedges. 00757.26 Alternate Equipment and Methods — Any proposals to construct the pavement using different equipment or methods then specified shall be submitted 15 days in advance of the pre-paving conference. Labor 00757.30 Quality Control Personnel- Provide certified technicians in the following fields: (a) CCT's Duties: • Before batching is started and when there is a significant change in the slump of the concrete due to variations in aggregate moistures, test the coarse aggregates for total moisture content according to AASI ITO T255. Moisture testing may be by an alternate method if approved by the I 4'nginecr. • Visually inspect the coarse aggregate for changes in moisture content throughout the day. Perform necessary testing for total moisture and make adjustments if necessary. • Calculate the amount of free water present in the coarse aggregates and adjust the batch proportions accordingly. • Calculate the total allowable amount of water, including liquid admixtures and free water in the aggregate, for each batch;determine the amount of water added during batching; determine the allowable maximum amount of water that can be added after batching; and record these on the ticket. • Make sure all water is removed from the transit-mix trucks before each loading. • Send a ticket with each load on which the Contractor's batch person records and attests to the 1 En9*necr the mix design number, day, time of batch, size of load and quantity of individual constituents in the load. • Instruct the plant control personnel how to adjust the batch masses (weights) to maintain the proper water- cement, cement content, air content and aggregate proportions to produce the specified mix. • Be present at the plant or at the Jobsite unless otherwise approved by the Engineer. • Monitor the mix properties and compressive strength test results throughout the Project. • Make recommendations or adjustments to maintain a satisfactory over-desig (f'cr). • Perform an analysis and make adjustments if necessary whenever the density(unit weight) of the fresh concrete varies from the mix design by more than plus or minus 3 lb/ft3. Submit a written analysis along with any recommendations to the Engineer by noon of the following workday. • Submit to the Engineer,in writing, adjustments made to the mix design. • Perform an analysis and verify the accuracy of coarse aggregate moistures whenever the water- cement ratio varies from the mix design target by more than plus or minus 0.03 and submit to the Engineer by noon of the following workday. (b) QCT's Duties: • Attend pre-paving conference meetings. • Be at the concrete sampling and testing site when placement is in progress. • I lave a copy of the mix design on site and available during concrete placements. • Check each batch ticket on arrival at the jobsite for the correct mix design for the placement. • Sample and test the concrete for ambient air and fresh concrete temperatures, density, water/cement ratio,yield,and cement content as required and according to the tests listed in the MFFP, and at such times as requested by the Engineer to validate compliance with the Specifications. • Notify the Contractor and the Engineer immediately when the concrete is not in compliance with the Specifications. • Be in direct contact with the CCT by telephone, radio or other means necessary to convey important mix information. • Notify the CCT of loads rejected by the QCT and the reason for rejection. • Notify the CCT immediately whenever the density of the fresh concrete varies from the mix design target by more than 3 lb/ft3. I • Notify the CCT immediately whenever the water-cement ratio varies from the mix design target by more than plus or minus 0.03. (c) Additional Quality Control Duties Required By the Contractor: • Provide and designate an individual who shall be present at the placement site at all times during concrete placements, and who is authorized and responsible for acceptance and rejection of materials. • Reject loads that arrive at the jobsite without a batch ticket. • Reject the load if the materials in any load are outside the specified limits of the mix proportions. • Require the truck driver to record on the batch ticket and initial the amounts of water added in transit and at the jobsite. • Reject plastic concrete that is outside of the specified Emits. 00757.31 Certification or Training - All personnel,including the quality control technician, involved in the placement of the pervious concrete pavement shall be certified through the National Read), Mixed Concrete Association (NRMCA) Pervious Concrete Contractor Certification Program or attend an approved training course. At least one person on the placement crew shall have a Craftsman certification or equivalent. Construction 00757.40 Weather Limitations -Coordinate all operations involved in constructing the pavement so the work will result in a finished pavement conforming to the Specifications regardless of the daily or seasonal variations in weather, temperature and humidity under which the work is permitted to proceed. Do not place 13CC during periods of rain. Do not place PCC on frozen bases, or when descending air temperature falls below 35°F. Placement shall not resume until ascending air temperature reaches 35'F. Measure air temperature in the shade and away from artificial heat. Protect the pavement from weather damage. Protect unhardened PCC from precipitation with protective material.When PCC is being placed during cold weather, and the air temperature is forecast to drop below 33°F, prevent the PCC from freezing for a minimum of seven days after placing. Remove and replace weather-damaged pavement at no expense to the Agency. 00757.41 Preparation of Base - Before paving operations begin,bring the base to the finished condition required by the Specifications. If the equipment used by the Contractor requires additional width for support, provide the support necessary to assure the equipment maintains proper grade and cross section. Manholes, inlets and other such structures shall be completed, adjusted, cured and otherwise prepared, as applicable. Make and ready to have concrete placed in contact with them. Prepare manhole frames and other independent metal structures in the pavement area with an approved bond-preventing agent. 00757.42 Construction Widths - The Contractor shall be restricted to pavement placement widths of a maximum of 15 feet unless the Contractor can demonstrate competence to provide pavement placement widths greater than the maximum specified to the satisfaction of the Engineer. If the Contractor proposes a method of placement other than that shown or specified, the Contractor shall bear all costs to implement the change. Any changes require the Engineer's approval. 00757.46 Placing Concrete-Place concrete in accordance with ACI 522.1,by either the slip form method as described in (a), (b), (c) and (d) below,or by the stationary side form method as described in (e) below. (a) Delivery To Spreader- Deliver the concrete from the hauling vehicles to the placer/spreader hopper on the shoulder area. Do not permit equipment hauling concrete on the subgrade or on the base, except for a minimum number of approved right angle or near right angle crossings. Correct any damage to the subgrade or base due to the Contractor's operations, at the Contractors expense, to the satisfaction of the Engineer. Keep the surface of the subgrade or base moist in front of the paving operation. (b) One Lift - Place the concrete in final position by the slipform method in one lift, so a minimum of finishing will be necessary to provide a dense, homogenous pavement conforming to true grade and cross section. (e) Two Separate Machines - Except for concrete pavement to be placed and finished near obstructions,place the concrete with two separate machines,one a placer/spreader and one a slipform paver. The machines shall operate in tandem and spread, consolidate, and screed the freshly placed concrete in one pass with no hand finishing. Where impractical to use, a placer/spreader is not required. (d) Continuous Forward Motion - Coordinate all operations of mixing, delivering and spreading concrete to provide uniform progress. Operate the slipform paver with as nearly continuous forward movement as possible. hold stopping and starting the paver to an absolute minimum. If, for any reason, it is necessary to stop the forward motion of the paver, immediately stop the vibratory elements.Apply no external force to the paver. (e) Stationary Side Form Method - Place the PCC between stationary side forms by means that will prevent segregation of constituents of the PCC, displacement or deformation of the forms or base, forming of piles, and unequal consolidation. Spread and distribute the PCC to fill all corners and spaces with PCC and leave it at such height that after consolidation it will be at specified grade and cross section. Spread the PCC against and along the forms with care to avoid displacement of the forms. Use shovels or muckrakes, not rakes, for hand spreading and distributing. Do not foul the PCC with foreign matter. After being placed, strike-off and compact the PCC with equipment conforming to the requirements of 00757.23. Perform the operations above within 15 minutes after the PCC is placed. Maintain a roll of PCC ahead of the screed for the entire width of pavement being placed.The strike-off and compacting shall leave a surface of uniform texture,true to grade and cross section. Equipment shall be in good mechanical condition at all times and be adjusted for wear at the direction of the Engineer. Keep forms and other controls of line and grade clean and true to line and grade. (f) Compaction—Provide sufficient compactive effort immediately following the strike-off operation. (g) Reject Concrete Material- Reject concrete if it: • Is not in place within one hour after being mixed. Ninety minutes when delivered in ready mix truck,unless using an admixture to delay initial set of concrete. Then time to reject is increased to 120 minutes. • Has begun to take an initial set before placement (h) Protect Surface - Equip supports of equipment which ride on previously placed pavement to meet the requirements of 00757.60,to prevent marring,edge breaking,or chipping of the previously placed pavement. (i) Hand Operated Equipment - Use shovels and muckrakes, not rakes, for hand spreading and distributing. Do not foul the concrete with foreign matter, nor disturb joint devices during such operations. I land operated mechanical vibrators shall not be used. (j) Illumination - During hours of darkness, adequately illuminate work areas at the Contractor's expense. 00757.47 Test Strip—Construct a test strip of pervious concrete pavement. Do not perform paving on the Project until the test strip is evaluated according to 00757.14. Additional test strips shall be required if the Contractor proposes to change mix design, methods and/or equipment. 00757.48 Joints: (a) General - Construct joints of the kinds shown and where shown or directed. Joint types in the concrete pavement will be contraction, construction or expansion. They shall be transverse or longitudinal, as shown or directed. Extend all joints to pavement edges or to each other. Joints shall not vary= from specified or indicated line by more than 1/4 inch. (b)Longitudinal Joints - If the Contractor elects to pour the entire width of pavement at one time, construct the longitudinal joint as shown. Longitudinal joints shall be the contact type or weakened plane type as shown: (1) Longitudinal Contact Joints - Construct longitudinal contact joints when concrete is placed against hardened concrete regardless of age,or between strips of pavement. (2) Longitudinal Weakened Plane Joints - Construct weakened plane joints by sawing to the depths and maximum width shown. Perform sawing as soon as the concrete has set enough to permit sawing without tearing or raveling. Saws may be single or tandem,as the Contractor elects, and be controlled by guides to true line. If the top width of sawed joints exceeds 1/4 inch, fill the joint with a poured joint filler. (c) Construction Joints - Construct construction joints when there is an interruption of 20 minutes in the concrete placing operations. The new concrete placed against the joint shall conform closely to the proportions and consistency of the previously placed concrete except vibrate and consolidate it to a greater degree and with more care than normal. Unless otherwise shown, do not construct construction joints within 10 feet of a transverse expansion or contraction joint. If sufficient concrete has not been mixed at the time of interruption to form a slab at least 10 feet long,remove the concrete back to the last joint and dispose of as directed. (d) Contraction Joints - Construct all contraction joints by sawing. Perform sawing as soon as the concrete has set enough to permit sawing without tearing or raveling. Create contraction joints at intervals shown on the drawings. Vacuum the slurry from the saw cutting. Flood concrete surface with water after removing polyethylene film and before beginning sawing. Keep the exposed concrete surface continuously wet until the plastic sheeting is replaced. Once sawing is completed and just before re-applying polyethylene film, flood entire area again with water. Wash areas where remaining cutting slurry that cannot be vacuumed is present to disperse material as much as possible. 00757.50 Water Test — After strike-off and compaction, test the surface of the concrete to verify the material is pervious. Pour 1 pint of water on the surface to demonstrate there is no ponding of water. If ponding occurs,cease operations until corrections are made. Testing shall be done at the beginning and mid- point of each day's production. 00757.52 Edge Tooling and Filling-Tool edges at construction joints of new pavement and clean joints of previously placed concrete to remove laitance and mortar resulting from finishing operations, and to provide clean rounded edges without ridges on the surface. Perform tooling of edges at construction joints so that no less than a 1/4 inch radius is produced. bill any areas of minor honeycomb or other minor defect in composition of the concrete along the exposed sides of concrete with a stiff mortar of cement and fine aggregate, and apply to the moistened concrete to the satisfaction of the Engineer. Remove and replace areas showing serious defects in composition of the concrete with specified quality concrete for full panel width between longitudinal joints or edges,and for a length not less than 10 feet. 00757.53 Curing Concrete - Immediately after the strike-off, compaction, and edging have been completed, and while the concrete surface is still moist, cure the entire exposed surface of the newly placed concrete for at least 7 days. Use the following: (a) Liquid Membrane-Forming Compounds - Liquid membrane-forming compounds shall not be used on the pervious concrete. (b) Other Coverings - Apply clear or white polyethylene film to damp concrete as soon as it can be placed without marring the surface. Place the membrane in contact with the surface, extend beyond the sides or edges of the slabs or forms, and weight down as required to hold it in position as a waterproof and moisture proof covering. Laps shall be sufficient to maintain tightness. Twenty-four hours after applying the polyethylene film, remove and spray surface of concrete with water and immediately replace film. 00757.54 Pavement Cracks -Within 28 days after concrete placement and before opening the pavement to public traffic, the Engineer will perform a pavement crack survey. Clean the pavement before the crack survey. Pavement with uncontrolled longitudinal or transverse cracks which are visible without magnification will be considered unacceptable and be repaired or removed as determined by the Engineer.All remedial work shall be at the Contractor's expense. 00757.55 Surface Tolerance, Testing, and Correction - Perform straightedge testing according to 00757.55(x). Furnish and operate the equipment as soon as the hardness of the concrete permits. (a) Straightedge Testing and Tolerance - Perform longitudinal and transverse smoothness testing of the pavement surface with a 12 foot straightedge. The extent of the testing will be as the 1sngincer determines necessary or expedient. The pavement surface shall not deviate from the straightedge at any point by more than 3/8 inch for all areas that are constructed for use as traffic lanes. Other areas shall not deviate by more than 1/2 inch. (b) Failure To Meet Straightedge Requirements—Correct any segment that exceeds the requirements of (a) above. Profile with abrasive grinders, equipped with a cutting head comprised of multiple diamond blades. 00757.56 Pavement Thickness - Construct the pavement to the thickness shown. Pavement not so constructed will be subject to replacement according to 00757.57, or to payment at adjusted prices according to 00757.93. (a) Coring Requirements - Perform required coring, or coring requested by the Enginccr, at the Contractor's expense and according to AASHTO T 24 (ASTM C42). Repair core holes as directed at the Contractor's expense. Cores will be measured by the Engineer according to AASYITO T 148 (ASTM C174) and the measurements reported to the nearest 0.1 inch. (b) Cores Requested By Contractor- If the Contractor believes that a depth measurement of a core is not representative of the actual pavement thickness, the Contractor may take a replacement core. Take replacement cores at a location as directed, 10 feet from the core site in question and the same distance from centerline. The replacement core measurement will replace the original core measurement. (c) Thickness Over 1.0 Inch Deficient-If a core determined by 00757.56(a),shows pavement over 1.0 inch deficient, obtain additional cores. Take these additional cores at the same distance from the centerline and 25 foot intervals each direction from the first core until a core in each direction shows pavement 1.0 inch deficient or less. These two core locations will be considered the limits of the pavement more than 1.0 inch deficient. The pavement panel between these two cores will represent the area of pavement subject to removal and replacement under 00757.57 or no payment under 00757.93. 00757.57 Deficient Pavement - Remove and replace pavement deficient in thickness by more than 1.0 inch as determined in 00757.56(c), at the Contractor's expense. If permitted by the Engineer, the pavement may be left in place without payment. Replacement pavement shall be of the specified design and quality as follows: • Be the full width of the pavement panel involved • Extend far enough to replace at least a 20 foot length • Extend to the construction 'joint if closer than 20 feet to a construction joint 00757.58 Deficient Void Structure - Remove and replace pavement deficient in void structure by more than 2 percent as determined in 00757.14, at the Contractor's expense. If permitted by the Engineer, the pavement may be left in place without payment. Replacement pavement shall be of the specified design and quality. Replacement criteria shall be as shown in 00757.57. Maintenance 00757.60 Protection of Concrete - 1-,"rcct and maintain suitable barriers to protect the concrete from traffic or other detrimental trespass until the pavement is opened to traffic. If necessary provide watchmen. Repair or replace any part of the pavement damaged by traffic or damaged from any other cause before its official acceptance, according to 00170.80. 00757.61 Opening to Construction Equipment or Traffic - Do not operate construction equipment on newly placed concrete until the requirements of(a), (b), and (c) are met. Do not allow public traffic on newly placed concrete until all of the following requirements are met: (a) The Contractor complies with 00150.60. (b) The concrete attains a compressive strength of at least 70% of the specified 28 day strength as determined by at least three cores, sampled and tested according to AASI ITO T24.. (c) The surface of the concrete is protected from scarring or abrasion and kept free of stones, loose mortar and other matter apt to be deleterious to the concrete in the paths of equipment. (d) The pavement meets all of the requirements of 00757.53 and 00757.55. Measurement 00757.80 Measurement - The accepted quantities of pervious concrete pavement will be measured by the square yard.The area will be determined by measuring the width and length of each separately constructed panel of pavement. The width is the design width or measured edge-to-edge width on the surface of the pavement whichever is less. The length is the horizontal measurement from end to end of pavement along the center line of the strip. The measurement of extra thickness of pavement,as shown or as ordered,will be determined by conversion on a proportionate volume basis to an equivalent number of square yards of specified thickness pavement. Payment 00757.90 Payment-The accepted quantities of pervious concrete pavement will be made at the Contract unit price,per square yard, for the following item: Pay Item (a) Pervious Concrete Sidewalk, 4 Inches (b) Pervious Concrete Driveway, 6 Inches Payment will be payment in full for furnishing and placing all materials, and for furnishing all equipment, labor, training, test strips,and incidentals necessary to complete the work as specified. Payment also includes construction of sidewalk ramps and furnishing and installing truncated domes as specified in 00759.12. 00757.93 Price Adjustment for Variation in Thickness-No additional payment over the Contract unit price will be made for pavement having a thickness greater than shown or ordered by the Engineer. When the pavement is found deficient in thickness by more than 5 mm (0.2 inch) , but not more than 25 mm (1.0 inch), as determined according to 00757.56, payment will be made at an adjusted price according to the following table: Deficiency in Proportional Part of Contract Thickness (Inch) Unit Price Allowed 0.00 to 0.30 100% 0.31 to 0.75 80% 0.76 to 1.00 60% No payment will be made for any area of pavement found deficient in thickness by more than 1.0 inch even though such pavement is permitted by the Engineer to remain in place under the provisions of 00757.57. 00757.94 Price Adjustment for Variation in Void Structure-No additional payment over the Contract unit price will be made for pavement having a void percentage greater than specified. When the pavement is found deficient in void percentage by more than one half percentage, but not more than three percent, payment will be made at an adjusted price according to the following table: Deficiency in Proportional Part of Contract Void Structure Unit Price Allowed 0.0 to 1.0 100% 1.1 to 2.0 80% 2.1 to 3.0 60% No payment will be made for any area of pavement found deficient in void structure by more than 3.0 percent even though such pavement is permitted by the Engineer to remain in place under the provisions of 00757.58. 00757.95 Multiple Price Adjustments — If price adjustments are made under 00757.93 and 00757.94, each adjustment will be calculated separately. Then the deduction results shall be combined to arrive at the final price adjustment. SECTION 00759—MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES Comply with Section 00759 of the Standard Specifications, modified as follows. 00759.48 Expansion joints—Delete all paragraphs and replace with the following: (a) Expansion Joints to be provided at: el,"ach point of tangency of the curb. •Each cold joint. •Each side of inlet structures. *Each end of driveways. •Locations necessary to Emit spacing to 45 feet (b) Expansion Joints shall be '/2" premolded asphalt impregnated material or equal extending from subgrade to finish grade. 00759.49 Contraction joints—Delete all paragraphs and replace with the following: (a) Transverse contraction Joints shall be spaced not more than 15 feet apart with a depth of at least one fourth of the cross sectional area. (b) Contraction joints shall be '/2" premolded asphalt impregnated material or equal extending from subgrade to finish grade and placed at sides of driveway approaches, utility vaults,wheelchair ramps, and at spacing not to exceed 45 feet. 00759.50(c) Driveways, Walks, and Surfaces — Delete first paragraph and replace with the following: Concrete shall have a medium broom finish and troweled on all four sides. Add the following to the end of second paragraph: Color of dome area shall be colonial red or as approved by Engineer. SECTION 00905—REMOVAL AND REINSTALLATION OF EXISTING SIGNS Comply with Section 00905 of the Standard Specifications. SECTION 01012—STORMWATER CONTROL,WATER QUALITY LOW IMPACT DESIGN APPROACH (LIDA) BIOFILTRATION SWALE Section 01012,which is not a Standard Specification,is included for this Project by Special Provision. Description 01012.00 Scope -This work consists of furnishing and installing a LIDA water quality biofiltration swale as shown. Materials 01012.10 Materials - Furnish material meeting the following requirements: Concrete 00440 Manholes, Catch Basins, and Inlets 00470.11 Riprap 00390.11 Riprap Geotextile,Type 1, Certification Level B 02320 Storm Sewer Pipe 00445.11 01012.11 Matting- burnish I conojute and Geolute Plus matting, or approved equal. 01012.12 Water Quality Mixture - Furnish medium compost meeting the requirements of Section 03020. Furnish soil meeting the following gradation requirements: Percent Passing Sieve Size (by Weight) No. 4 100 No 10 95 - 100 No. 40 40 - 60 No. 100 10 - 25 No. 200 5 - 10 Sample soil according to AASI I'1'O'1'2. Determine sieve analysis according to AAS1 I'I'O'1'27 and AASHTO T 11. Blend the medium compost and soil so that the mixture: • Is composed of between 20 percent and 25 percent medium compost material and between 75 percent and 80 percent soil material. • Has a pH between 5.5 and 8.0. • Does not have clumps greater than 3 inches in any direction. 01012.14 River Rock Material- Furnish rounded river rock material meeting the following requirements: • Provide a maximum size between 2 inches and 3/4 inches. • No large rock fragments are allowed. Construction 01012.40 General- Construct water quality biofiltration Swale facility as shown. Perform excavation, fine grading, and placement work only when the facility area is dry and only from the top of the swale area. Do not stockpile excavated material in the facility area. Scarify the subsoil area a minimum 12 inches deep. After scarification,place the water quality mixture in maximum 12 inch lifts. Compact each lift with a water filled landscape roller. Maintenance 01012.70 Cleaning- If a stormwater control facility is used for erosion and sediment control, remove all accumulated sediment and debris before completing the facility. Measurement 01012.80 Measurement-No measurement of quantities will be made for work performed under this Section. The estimated quantities of materials are: Water Quality Swale Quantities: Item Quantity Excavation.................................................................................. 100 Cu.Yd. Matting, Econojute....................................................................... 40 Sq.Yd. Matting, Geojute Plus....................................................................40 Sq. Yd. I oose Riprap, Class 50.................................................................. 1 Cu. Yd. Water Quality Mixture................................................................. 60 Cu. Yd. RiverRock.....................................................................................42 Cu. Yd. Payment 01012.90 Payment -The accepted quantities of work performed under this Section will be paid for at the Contract lump sum amount for the item "LIDA Swale". 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 01030—SEEDING Comply with Section 01030 of the Standard Specifications modified as follows: 01030.13(f) Types of Seed Mixes -Add the following to the end of this subsection: Provide the following seed mix formulas: Seed Mix #1*: Botanical Name PLS = (% Purity x % Germination) = Amount (Common Name) (lb/acre) (minimum) (minimum) (lb/acre) Eestuca arundinacea (Dwarf Tall Fescue) 55.2 Lolium perenne (Dwarf Perennial Rye) 41.4 hestuca rubra rear. rubra (Creeping Red Rescue) 34.5 Agrostis tenuis (Colonial Bent Grass) 6.9 * Oregon Certified Seed Seed Mix#2*: Botanical Name PLS = (% Purity x % Germination) = Amount (Common Name) (lb/acre) (minimum) (minimum) (lb/acre) Hordeum braclyantherum (Meadow Barley) 20 Bromus catinatus (California Brome) 17.53 Fesluca rubra rear. rubra (Creeping Red Rescue) 10 Deschampsia copitosa (Tufted Hairgrass) 1.5 Agrostis exerata (Spike Bentgrass) 1 * Oregon Certified Seed Erosion Control Seeding: Name PLS — (%Purity x % Germination) = Amount (lb/acre) (minimum) (minimum) (lb/acre) Fine Fescue** 26.7 Perennial Ryegrass** 4.6 Kentucky Bluegrass** 1.7 Colonial Bcntgrass** 3.15 ** Acceptable varieties (All of these varieties are trademarked): Fine Fescues: Creeping Red Fescue: Fortress, Ensylva Chewings Fescue: Banner, I lighlight, Kokct, and Jamestown. Perinlawn and Cascade are acceptable only in Eastern Oregon. Perennial Ryegrass: Citation, Derby, Diplomat, Manhattan, Omega, Pcnnfinc, Regal, and Yorktown 11. Only Manhattan and Pcnnfinc are acceptable cast of the Cascades. Kentucky Bluegrass: Adelphi,Baron,Ben-Sun,Birka,Bonnieblue,Fylking,Galaxy,Glade,Majestic,Merion,Monopoly, 11'rimo, Sydsport,and Victa. Colonial Bentgrass: I lighland, Astoria, Exeter, and I lolfior. 01030.15 Mulch- Add the following paragraph and bullets to the end of this subsection: Furnish straw mulch 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. • Residential or commercial sites with low erosion potential such as sidewalk, median, or parking lot planter strips. • Projects that have variable slopes may include straw mulch and hydromulch when approved. Add the following subsection: 01030.15(d) Compost- Commercially manufactured fine and medium compost material meeting the requirements of Section 03020. 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 rate specified in 01030.13(0. 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. 01030.60 General-Add the following sentences after the last bullet: The minimum living plant coverage for native plant seeding is 90%of ground surface. 01030.71 Waste Disposal- Replace this subsection with the following subsection: 01030.71 Disposal of Materials - Dispose of all materials according to 00290.20. 01030.80 Measurement— Measurement of quantities for work performed under this Section shall be on a Lump Sum Basis. 01030.90 Payment—Payment of quantities for work performed under this Section shall be on a Lump Sum Basis. Payment includes preparing the seed bed, soil preparation, seeding, fertilizing, mulching, applying tacking agent, and all establishment work. 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: • mobilization for application by blowers, mechanical spreaders, or hand spreading • inspections or maintenance • seeding mobilization if it is not included in the Contract Schedule of Items Partial payments for permanent seeding,regardless of type,will be made as follows: • At completion of seeding .........................................70% • At completion of seeding Lsstablishment Period.............30% SECTION 01040—PLANTING Comply with Section 01040 of the Standard Specifications modified as follows: 01040.13 Soil Testing- Replace this subsection, except for the subsection number and title, with the following: Soil testing is not required on this Project. Add the following subsection: 01040.14(d) Water Quality Topsoil- Furnish topsoil for vegetated water quality facilities as specified in 01012.12. 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 5 pound sample for approval by the Agency 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. 01040.54 Watering- Add the following: Obtain water and pay all fees and charges during the contract maintenance and establishment period(s) at no additional cost to the Agency. 01040.80 Measurement— Measurement of quantities for work performed under this Section shall be on a Lump Sum Basis. 01040.90 Payment—Payment of quantities for work performed under this Section shall be on a bump Sum Basis. SECTION 01070—MAILBOX SUPPORTS Comply=with Section 01070 of the Standard Specifications. SECTION 01140—POTABLE WATER PIPE AND FITTINGS Comply with Section 01140 of the Standard Specifications modified as follows: 01140.10 Materials—Supplement this subsection with the following: Steel pipe used to case water pipes shall be smooth with a minimum yield strength of 35,000 psi and a minimum wall thickness of 5/16" (0.3125"). 01140.40(e) 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. 01140.41(f) Other Utilities—Replace this subsection with the following: 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 subsection with the following: 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. (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. (e) 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 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 C651-92, the State I lealth 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-forming bacteria. Typical retention period is 24 hours. 01140.50(c) Disposal of Treated Water- Replace this subsection 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(g) Chlorinating Connections to Existing Water Mains - Replace this subsection 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. 01140.52(h) Flushing and Testing- Replace this subsection with the following: At the end of the retention period, the pipeline is to have a free chlorine residual of at least 10 mg/l. 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 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—Replace subsection with the following: Pay Item Unit of Measurement (a) 8 Inch Potable Water Pipe with Joint Restraints and Class B Backfill......Foot (b) 8 Inch Small DI Fitting with Joint Restraints.................................Each (c) 6 Inch Gate Valve.................................................................Each (d) 16 Inch Steel Pipe Casing.......................................................Foot Items (a) and (d) includes bedding and backfill. 01140.90 Payment—Supplement this subsection with the following: No additional or separate payment will be made for: • Exploratory excavations • 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 trench resurfacing • Concrete straddle block construction • MEGALUG restraints SECTION 01150—POTABLE WATER VALVES Comply with Section 01150 of the Standard Specifications. SECTION 02010—PORTLAND CEMENT Comply with Section 02010 of the Standard Specifications modified as follows: 02010.10(b) Specifications - Replace the bullet that begins "Cement used west..."with the following bullet: • Cement shall have a total alkali content(sodium and potassium oxide calculated as Na2O + 0.658 K,O) not exceeding 0.60`%". SECTION 02020—WATER Comply with Section 02020 of the Standard Specifications modified as follows: 02020.10 Water- Replace this subsection,except for the subsection number and title,with the following: (a) General-Water used in mixing or curing concrete, mortar, grout, and in mixing cement-treated base shall be reasonably clean, and free of oil, sugar, organic matter, or other substances injurious to the finished product. (b) Potable -Potable water may be used without testing if the Contractor provides a quality compliance certificate verifying that the water has met the limits and ranges of ASTM C 1602, according to tests made within the last two years. Water approved for public use by the Oregon Health Division may be accepted for use without testing. (c) Non-Potable, Unknown Quality, or Suspected Quality-Non-potable, Unknown Quality, or Suspected Quality water shall be tested at no additional cost to the Agency. Test according to ASTM C 114 and ASTM C 1603. Water from concrete production operations is considered Unknown Quality. Results of testing shall comply with the limits and ranges of ASTM C 1602 and shall be available for review upon request. SECTION 02030—MODIFIERS Comply with Section 02030 of the Standard Specifications modified as follows: 02030.10 Fly Ash- Replace this subsection with the following subsection: 02030.10 Fly Ash- Furnish Class C, Class F, or Class N fly ash from the QPL and conforming to AASI ITO M 295 (ASTM C 618). 02030.20(a) Types - Replace the sentence that begins "The silica fume portion..." with the following two sentences: The silica fume portion shall conform to AASI ITO M 307. 'Total alkalis,as equivalent Sodium Oxide(Na2O), shall be 1.5 percent maximum. Add the following subsection: 02030.50 Metakaolin - Provide metakaolin from the QPL and conforming to AASI ITO M 295 (ASTM C 618) Class N. SECTION 02040—CHEMICAL ADMIXTURES Comply with Section 02040 of the Standard Specifications modified as follows: 02040.10 Materials - Replace the table with the following: Admixture Specification Air-entraining AASI ITO M 154 (ASTM C 260) Type A -Water-reducing AASIITO M 194 (ASPM C 494) Type B - Retarding AASHTO M 194 (ASTM C 494) Type C -Accelerating AASHTO M 194 (ASTM C 494) Type D -Water-reducing and Retarding AASI ITO M 194 (ASTM C 494) Type E -Water-reducing and Accelerating AASI ITO M 194 (ASTM C 494) Type F- Water-reducing, Iligh Range AASI ITO M 194 (ASTM C 494) Type G - Water-reducing, High Range and Retarding AASHTO M 194 (ASTM C 494) Type S - Specific Performance AASHTO M 194 (ASTM C 494) SECTION 02080—GROUT Comply with Section 02080 of the Standard Specifications modified as follows: Add the following subsection: 02080.60 Structural Grout- Furnish structural grout from the QPL and use according to the manufacturer's recommendations. Grout shall be non-shrink,nonferrous,non-epoxy grout with a minimum design strength of 5,000 psi at 28 Calendar Days. SECTION 02190—PRESERVATIVE TREATMENT OF TIMBER Comply with Section 02190 of the Standard Specifications modified as follows: 02190.00 Scope - Replace this subsection, except for the subsection number and title,with the following: This Section includes the requirements for preservative treatment of lumber, timber, round timber piling, guardrail posts and blocks, sign posts, fence posts, and other items as specified. 02190.10 General- Replace this subsection,except for the subsection number and title,with the following: All preservative treatment shall be according to AASI ITO M 133 and its referenced AWPA Standards,except use the following according to the AWPA Standard: • Use Category UC4C, Commodity Specification Section E for round timber piling in fresh water and on land. • Use Category UCSA, Commodity Specification Section G for round timber piling exposed to salt or brackish water. • Use Category UC413, Commodity Specification Section A for fence and sign posts. • Use Category UC413,Commodity Specification Section A for guardrail posts and blocks. SECTION 02320—GEOSYNTHETICS Comply with Section 02320 of the Standard Specifications modified as follows: 02320.10(a-1) Geotextiles -Replace the bullet that begins "Meet or exceed..."with the following bullet: Meet or exceed the properties specified in 02320.20. 02320.10(c-2) Level B -Manufacturer's Quality Compliance Certificate - In the paragraph that begins "If the brochure..." replace the words "in Table 02320-1" with the words "in 02320.20". 02320.20 Geotextile Property Values - Replace Table 02320-1 with the following tables: Table 02320-1 Geotextile Property Values for Drainage Geotextile * Geotextile Property Requirements Geotextile Property ASTM Unit Type 1 Type 2 Test Method s Woven Nonwove Woven Nonwove n n Grab Tensile Strength (minimum) Machine D4632 ib 180 115 250 160 and Cross Machine Directions Grab Failure Strain (minimum) Machine D 4632 % < 50 >_ 50 < 50 >_ 50 and Cross Machine Directions 'fear D4533 ib 67 40 90 56 Strength (minimum) Puncture Strength D 6241 lb 370 220 495 310 (minimum) Apparent Opening Size (AOS) (maximum) D 4751 — 40 40 40 40 U.S. Standard Sieve Permittivity (minimum) D 4491 see_i 0.5 0.5 0.5 0.5 Ultraviolet Stability D 4355 Retained `% 50 50 50 50 Strength (minimum) (at 500 hours) *Woven slit film geotextiles (geotextiles that are made from yarns of a flat, tape-like character) are not acceptable. Table 02320-2 Geotextile Property Values for Riprap Geotextile Geotextile Property Requirements Geotextile Property ASTM Unit Type 1 Type 2 Test Method s Woven Nonwove Woven Nonwove n n Grab Tensile Strength (minimum) Machine D4632 Ib 250 160 315 200 and Cross Machine Directions Grab Failure Strain (minimum) Machine D 4632 % < 50 >_ 50 < 50 > 50 and Cross Machine Directions Tear D 4533 lb 90 56 110 80 Strength (minimum) Puncture Strength D 6241 ib 495 310 620 430 (minimum) Apparent Opening Size (AOS) (maximum) D4751 — 40 40 40 40 U.S. Standard Sieve Permittivity (minimum) D 4491 sec' 0.5 0.5 0.5 0.5 Ultraviolet Stability D 4355 Retained (at 500 hours) % 70 70 70 70 Strength (minimum) *Woven slit film geotextiles (geotextiles that are made from yarns of a flat, tape-like character) are not acceptable. Table 02320-3 Geotextile Property Values for Sediment Fence Geotextile Property Requirements ASTM Supported Unsupported Geotextile Property Test Method Units Elongation Elongation > 50% <_ 50% Grab Tensile Strength (minimum) Machine 90 120 120 and Gross Machine D 4632 lb 90 100 100 Directions Apparent Opening Size (AOS) (maximum) D 4751 — 30 30 30 U.S. Standard Sieve Permittivity (minimum) D 4491 sec-I 0.05 0.05 0.05 Ultraviolet Stability D 4355 Retained (at 500 hours) % 70 70 70 Strength (minimum) * Measured according to ASTM D 4632. Table 02320-4 Geotextile Property Values for Subgrade Geotextile (Separation) Geotextile Property Geotextile Property ASTM Test Method Units Requirements Woven Nonwoven Grab Tensile Strength (minimum) Machine and D 4632 lb 180 113 Cross Machine Directions Grab Failure Strain (minimum) Machine and D 4632 % < 50 >_ 50 Cross Machine Directions 'fear Strength (minimum) D 4533 ib 68 41 Puncture Strength D 6241 lb 371 223 (minimum) Apparent Opening Size (AOS) (maximum) D 4751 — 30 30 U.S. Standard Sieve Permittivity (minimum) D 4491 sec'i 0.05 0.05 Ultraviolet Stability D 4355 Retained % 50 50 Strength (minimum) (at 500 hours) Table 02320-5 Geotextile Property Values for Embankment Geotextile Geotextile Property Geotextile Property ASTM Test Method Units Requirements Woven Nonwoven Grab Tensile Strength (minimum) Machine and D 4632 lb 315 200 Cross Machine Directions Grab Failure Strain (minimum) Machine and D4632 % < 50 >_ 50 Cross Machine Directions Tear Strength (minimum) D 4533 lb 110 80 Puncture Strength D 6241 lb 620 430 (minimum) Apparent Opening Size (AOS) (maximum) D 4751 — 30 30 U.S. Standard Sieve Permittivity (minimum) D4491 sec'' 0.02 0.02 Ultraviolet Stability D 4355 Retained /o50 50 Strength (minimum) (at 500 hours) SECTION 02440—JOINT MATERIALS Comply with Section 02440 of the Standard Specifications modified as follows: 02440.10 Preformed Joint Fillers for Concrete - Replace this subsection,except for the subsection number and title with the following: Furnish preformed joint fillers for concrete from the QPL conforming to the requirements of AASI ITO M 153 or AASI ITO M 213. SECTION 02510—REINFORCEMENT Comply with Section 02510 of the Standard Specifications modified as follows: 02510.10 Deformed Bar Reinforcement- Replace the sentence that begins "Unless otherwise specified..." with the following sentence: Unless otherwise specified or shown, all reinforcing bars shall be Grade 60. 02510.20 Mechanical Splices - Replace the bullet that begins "Provide mechanical splices..." with the following bullet: Provide mechanical splices from the QPL that develop at least the specified tensile strength or 135%of the specified minimum yield strength of the reinforcing bars in tension, whichever is less. Where bars of different sizes or strengths are connected, the governing strength shall be the strength of the smaller or weaker bar. Add the following subsection: 02510.25 Headed Bar Reinforcement - Furnish Class IIA headed steel bar from the QPL for concrete reinforcement. The headed steel bar shall develop the specified minimum tensile strength of the reinforcing bars,according to ASPM A 970. ferrous-filler coupling sleeves, forged headed steel bars,and welded headed steel bars are not allowed for concrete reinforcement. 02510.40 Welded Wire Fabric- Replace this subsection with the following subsection: 02510.40 Welded Wire Reinforcement-Welded wire reinforcement shall conform to AASI ITO M 55 (ASTM A 185). Deformed welded wire reinforcement shall conform to AASHTO M 221 (ASTM A 497). SECTION 02630—BASE AGGREGATE Comply with Section 02630 of the Standard Specifications modified as follows: 02630.10(a) Grading-In Table 02630-01, add the following sieve size line before the No. 10 sieve size line and add the following footnote at the end to the table: No. 4* — — — — — * Report percent passing sieve when no grading requirements are listed 02630.10(b) Fracture of Rounded Rock- In the sentence that begins "Fracture of rounded rock...", replace "AASI ITO TP 61" with "AASIITO T 335". 02630.11(b) Fracture of Rounded Rock- In the sentence that begins"Fracture of rounded rock...",replace "AASI ITO TP 61" with"AASI ITO T 335". SECTION 02690—PCC AGGREGATE Comply with Section 02690 of the Standard Specifications modified as follows: 02690.20(e-1) Fracture - In the sentence that begins "Provide aggregate...",replace"AASI ITOTP 61"with "AASHTO T 335". SECTION 03020—EROSION MATERIALS Section 03020,which is not a Standard Specification,is included in this Project by Special Provision. Description 03020.00 Scope -This Section includes the requirements for erosion control materials. Materials 03020.10 Commercially Manufactured Compost- burnish commercially manufactured compost that: • Is processed through thermophilic composting meeting the EPA's definition of "Process to Yurther Reduce pathogens". • Is from a commercial compost facility that holds a current DEQ composting permit or is registered with DEQ as a composting facility. • Meets the requirements of the US Composting Council(USCC)and it's Seal of Testing Assurance(STA) program. • Contains a minimum 65%by volume of the following recycled plant waste: Source-separated yard and garden wastes Wood wastes Agricultural crop residues Wax-coated cardboard Preconsumcr vegetative food wastes Other similar source-separated materials that the DEQ has determined to have a comparable low level of risk in hazardous substances,human pathogens, and physical contaminants. Manure or blosolids based composts when approved. Meets the following compost particle size and media parameters: Compost Particle Size Compost Type Sieve Size Fine* Medium* I Coarse** Percent Passing (By Dry Weight) 3" 100 100 100 111 99 - 100 95 - 100 90 - 100 3/411 99 - 100 95 - 100 70 - 100 5/811 95 - 100 90 - 100 70 - 100 1/211 80 - 100 70 - 100 60 - 100 1/411 75 - 100 70- 90 30 - 60 maximum 3 inch particle length maximum 6 inch particle length Media Parameters Test Test Method Requirements Physical Contaminants* TMECC** 03.08-A Less than 1.0% Organic Matter TMl,1'CC** 05.07-A 35% (Minimum) PH TMECC** 04.11-A 6.0 to 8.5 Soluble Salt Concentration TMECC** 04.10-A 5 dS/m (Maximum) Carbon/Nitrogen Ratio Total Carbon TM]?CC** 04.02-1) l-,ine Medium Coarse Total Nitrogen TMI','CC** 04.02-D — < 25:1 < 30:1 < 35:1 Stability TMECC** 05.08-13 < 8 Maturity 'I'MECC** 05.05-A 80% or Greater Moisture Content TMI,"CC** 03.09-A 35 - 60% (Wet Weight) Man-made Inert Test Methods for Evaluation of Compost and Composting 03020.90 Acceptance - Acceptance of commercially manufactured compost material will be the following: • Quality compliance certification according to 00165.35. • Copies of STA lab analysis. • Copy of DFIQ permit or registration of the compost producer. ATTACHMENT M-DIVISION OF STATE LANDS PERMIT CITY OF TIGARD 124'x'AVE.&ANN COURT CULVERT REPLACEMENT Department of State Lands So or Street J'� . ,,. ,Oregon _ Sultel()() Kate Brown,Governor Salem,OR 97301-1279 (500986-5200 August 21. 2Q18 FAX (5U%)378-4844 *M*600m13e4 *�w.o«egon.Ay,/&d CITY OF T|GARD State Land Board ANDREW NEVVBURY 8777SVVBURNHAK4ST Kate Brown T|GARD OR 97223 Governor Re: State Application Number U1394-NP Wetlands and Unnamed Stream DmnniaRi/ha/daon 8VV124"And SVVAnn Ct. Culvert Replacement Secretary ofState Dear Mr. Newbury: Tobias Read VVehave received your application for aculvert replacement inwetlands and an State Treasurer unnamed stream, Township 02S, Range 01W, Section 3BB, Tax Lot 6300, 6400, Washington County, Oregon. Under the Oregon Removal-Fill Law (ORS 188.8OO - 198.SSO), removal, filling, or alteration of 50 cubic yards or more of material within the bed or banks of the waters of this staWa, orany amount within vvebeos designated Essential Salmonid Habitat or State Scenic Waterway, requires opermit from the Department mfState Lands. Waters ofthis state include the Pacific Ocean, rivers, lakes, most ponds and wetlands, and other natural water bodies. Based onthe information provided inyour application, itappears that your project doesnot require a State removal-fill permit because it involves less than 50 cubic yards of removal and/or fill in waters of this absba that are not designated as Essential Salmonid Habitat ora State Scenic Waterway. Please be aware that your project, while exempt from the State Removal-Fill naquirernanta, may be subject to U.S. Army Corps of Engineers regulatory program and/or local planning department permitting process. Additionally, approval of a fish passage plan from the Oregon Department of Fish and Wildlife ([>DFVV) may berequired. Contact your local [)DFVVoffice for more information. |fyou have any questions, please call Dleat (5O3) 8BO'5250. Sincerely, Anita Huffman Aquatic Resource Coordinator Aquatic Resource Management Oregon Department ofState Lands ` Awnjar � cc: Tom Murtaugh. Oregon Dept. mfFish and Wildlife � Carrie Bond, US Army Corps ofEngineers, Portland Office C@rkeeK4iohe|swn. Pacific Habitat Services � City nfTigard P|aDn|D0 Dept. � ATTACHMENT N-ARMY CORPS OF ENGINEERS PERMIT CITY OF T iGARD 1241"AVE.&ANN COURT CULVERT REPLACEMENT I /q DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT P.O.BOX 2946 PORTLAND,OREGON 97208-2946 January 7, 2019 Regulatory Branch Corps No.: NWP-2018-386 Mr. Andrew Newbury City of Tigard 8777 SW Burnham Street Tigard, Oregon 97223 andrewn@tigard-or.gov Dear Mr. Newbury: The U.S. Army Corps of Engineers (Corps) received your request for Department of the Army authorization to replace a culvert. The project is in wetlands and a channel located at SW 124th Avenue and SW Ann Court in Tigard, Washington County, Oregon at Latitude/Longitude: 45.431543, -122.803578. This letter verifies your project as depicted on the enclosed drawings (Enclosure 1) is authorized by Nationwide Permit (NWP) No.: 3, Maintenance (Federal Register, January 6, 2017, Vol. 82, No.: 4) provided you obtain a 401 Water Quality Certification (WQC) decision from the Oregon Department of Environmental Quality (DEQ). You are not authorized to begin work in waters of the U.S. until you obtain and submit to our office a 401 WQC decision or waiver. The project includes the discharge of 13 cubic yards of fill over 0.01 acre of Wetlands A and B and discharge of 4 cubic yards of fill over 0.004 acre below the ordinary high water mark of Channel 1 (80 linear feet). The existing 30-inch culvert is deteriorating and will be replaced with an aluminum culvert with a dimension of 10 feet 3 inches by 6 feet 9 inches, which is 1.5 times the average active channel width. The new culvert will have concrete headwalls at both ends and will contain a constructed streambed consisting of fish rock that will transition into the existing channel grade. A portion of SW 124th Avenue will be resurfaced where the culvert is to be removed. This will include a 140 linear feet pervious pedestrian sidewalk with replacement inlet catch basins on either side of SW 124th Avenue. The pervious sidewalk will abut the curb along the east side of SW 124th within an upland area. The pervious sidewalk consists of cast concrete with voids over crushed washed stone and crushed washed base rock over geotextile fabric allowing for infiltration of any precipitation or run-off from surrounding areas. The re-surfaced roadway will include replacement inlet catch basins on either side of SW 124th Avenue, which will prevent discharge into Channel 1. Work in Channel 1 will take place during the preferred in-water work window of July 15 - September 30. - 2 - In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed Nationwide Permit 3 Terms and Conditions (Enclosure 2); any 401 Water Quality Certification conditions, as applicable (see below); and the following special conditions: a. Permittee shall re-vegetate disturbed areas at the project site during the earliest appropriate planting season after activity is completed. Vegetated areas disturbed during construction activities will be re-vegetated with a mixture of native species intended to increase shade over Channel 1, helping to maintain lower water temperatures and improve habitat values in the riparian area. Jute fabric will be employed in areas of impact to enhance bank stability and to provide a planting medium for the planted native grass mix. Disturbance areas above the new headwalls will also be planted with native seed. b. 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 3). The PDC's included with the SLOPES notification for the project include numbers: 5, 7, 13, 14, 19, 25-27, 30, and 42(a)-(f). The requirements of the Endangered Species Act were met through a programmatic biological opinion as listed in the special condition above. The complete text of the biological opinion is available for your review at: http://www.nwp.usace.army.mil/ Missions/Environmental-Stewardship/SLOPES/. Please note, you must submit an Action Completion Report form which is provided in Enclosure 3. Please submit the report and any other reports associated with this permit to either the letterhead address above or by e-mail to cenwp.notify@usace.army.mi1. For submittals by e-mail, the e-mail subject line shall include the Corps project number listed above and the name of the county where the project is located. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined the project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. At this time, the DEQ has not completed a 401 WQC decision for this project. Before proceeding with the work authorized by this NWP, you must obtain a 401 WQC or certification waiver from the DEQ. Please contact the DEQ regarding this requirement at: 401 Water Quality Certification Coordinator, Oregon Department of Environmental Quality, 700 NE Multnomah Street, Suite 600, Portland, Oregon, 97232, - 3 - by telephone at (503) 229-5623, or visit http://www.oregon.gov/deq/pages/index.aspx. After obtaining a 401 WQC or a waiver for certification, you must submit a copy of the 401 WQC or waiver to our office. The conditions of the 401 WQC will become conditions of this NWP verification. This NWP verification will become effective upon our receipt of the 401 WQC. You may then proceed with construction. The proposed work is not authorized by this NWP if the DEQ denies the 401 WQC. Please contact us if the 401 WQC is denied. If the DEQ has not provided you with a 401 WQC decision within twelve (12) months of the date of this letter, your requirement to obtain a 401 WQC becomes waived. You may then proceed with construction. We have determined the aquatic resources identified on the enclosed Preliminary Jurisdictional Determination (PJD) form "may be" waters of the U.S. (Enclosure 4). The aquatic resources shown on the enclosed drawings are considered "potential jurisdictional waters" and the boundaries are approximate. These waters have been treated as jurisdictional waters of the U.S. for purposes of computation of impacts and compensatory mitigation requirements. Please see the enclosed PJD form for additional information on the applicability of a PJD. If you concur with the PJD, please sign and return the PJD form to either the letterhead address above or the e-mail address below within 30 days of the date of this letter. The enclosed PJD is advisory in nature and may not be appealed. However, you have the option to request an Approved Jurisdictional Determination (AJD). An AJD is an official determination regarding the presence or absence of waters of the U.S. and is an appealable action. The enclosed Notification of Administrative Appeal Options and Process and Request for Appeal form describes options regarding PJDs and AJDs (Enclosure 5). If an AJD is requested, please be aware that we may require the submittal of additional information to complete the AJD and work authorized in this letter may not occur until the AJD has been finalized. The enclosed PJD finds there "may be" waters of the U.S. in the subject review area and the determination does not have an expiration date. However, the Corps may re- evaluate this determination at any time if new information warrants revisions. The verification of this NWP is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. If the work cannot be - 4 - completed by March 18, 2023, you will need to obtain a new NWP verification or authorization by another type of Department of the Army permit. Our verification of this NWP is based on the project description and construction methods provided in your permit application. If you propose changes to the project, you must submit revised plans to this office and receive our approval of the revisions prior to performing the work. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act. You must also obtain all local, state, and other federal permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Compliance Certification form (Enclosure 6). We would like to hear about your experience working with the Portland District, Regulatory Branch. Please complete a customer service survey form at the following address: http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. If you have any questions regarding this NWP verification, please contact Ms. Carrie Bond at the letterhead address, by telephone at (503) 808-4387, or e-mail: Carrie.L.Bond@usace.army.mil. FOR THE COMMANDER, AARON L. DORF, COLONEL, CORPS OF ENGINEERS, DISTRICT COMMANDER: FOR William D. Abadie Chief, Regulatory Branch Enclosures cc: Oregon Department of State Lands (Huffman) Oregon Department of Environmental Quality (401applications@deq.state.or.us) Pacific Habitat Services (Carlee Michelson, cm@pacifichabitat.com) 5w 5F REY DR Project Am -SSV `'ANKS-BZAP ST -- — r �T t a'r ` x 0S.EMVP O I. S 4V fi'; U AI 0O TA ST x 4 T 31f � I s ., '} LU r t a 5i HVfEW S Slh lN4LNUT ST '1 rn 54V FOfVfVER�S7 �D rn I$ L 99 r- G�r p . N. Al thonvs y k " o Cern w #16311 8/25/2017 General Location and Topography FIGURE 1 H 124th and Ann Court Calvert Replacement-Tigard, Oregon United States Geological Survey(USGS), Beaverton, Oregon-Washington County, 7.5 Quadrangle, 2017 Pacific Habitat Services,Iric. (vimer/nationalmap.gov/basic) 9450 SW Commerce Circle,Suite 180 Wilsonville,OR 97070 NWP-2018-386 Page 1 of 12 Enclosure 1 WetlandlWaters impacts(Removal) r Wetland A:130 aft 1 CY 1 .• ;=;� =-; '� Channel 1 Wetland B:188 sf18 CY -- .`:' (0,04 ac) f•, ---- + / Channel 1:185 sf!7 CY At� WetlandlWaters Impacts[Fill] • Wetland A:130 sf!12 CY / •, _::;::-...--w_::::.-::::: � - . Wetland B:188 aft 1 CY n f '{ ....:..h............. r. Channel 1:185 sit 4 CY :;2 :x•::. :- �. ��.._ rr r::::.-:.: AW, Wetland A� Proposed 80'long Aluminum. 1, Concrete Culvert Replacement , •'� Headwall (10'-3"x 6'-9") ; r P`' Tf' !' ■ 1Y'J' L Proposed New Curti/ —A Concrete,- Pervious y,. - Headwall Sidewalk ` ��'•'���,r � _ Pel ,� Proposed W:�- _.;,Q New Inlet 5 ,. '/- Catchbasin -fir �y r !': �.ppr :--.:.� ;_•:.:_ _ .r+ .•'r'r'_ ' LEGEND Val Existing ] ::. _ ._y.. •?.:.:.::q� �':,r 18"Culvert .; :- :.' :: *---:.:.,:. .. Project Area(0.72 ac) {.. �' •'• '� _- * � �C.�, Wetland{0.25 ac} Wetland i3 .,. ` .c� >< Wetland Impact ,. R Waters of the State/US (0.04 ac) �• ?�' ..►- .► }�• ® Waters impact �:a�- •y+ .�y a • "'''' ........ ordinary High Water(QHW) R+ • J Direction of Flow � r •Jr . f 0 2) 40 B0 NOTE: Plans Provided by Century West Engineering. See Figure 5A of Joint Permit Application SCALE IN FEET for cross section. PHS Proposed Site Plan Overview and Cross Section Location FIGURE SW 124th AvenuelSW Ann Court Culvert Replacement-Tigard, OR A Pacific Habitat 5ervices,inc. IMM SW0-ax.Sw ImW�'&.a".MM 9-25-2018 Pm-(W3)5700800 F-(503)570-OM X:1Project Di rectories163=6311 124th and Ann Court,Tigard\AutoCADNPlot Dwg\Corp\FigA Site Plan.dwg,10/17/2018 12:15:06 PM NWP-2018-386 Page 2 of 12 Enclosure 1 :� Channell : ... (0.04 ac) I / ..........: y..... t ............ � r ................ ... TAX LOT 5400 /r / /I 11 46* .. Wetland A t (0.14 ac) TAX LOT 2200 �2 F Existing \� \\� � TAXtOT 6400 G / 30"Culvert 214- 0 1 TAX LO 1 / .::r \ I ,/ ° /�z�s, G I � ^' G ...'.'.'.'.'.'.:'.'.'.'.:'. ,::::: : :: LEGEND i' . : Project Area (0.72 ac) Existing : :::::::::::::::::::: . y 7777777771 18"Culvert �IV:::::'::'.':':':':':':':':':':':':':':':':': :':':':':':':':':: > \ ALF ` Wetland(0.25 ac) \ 2 \ � Waters o Wetland B rr rr r 0.04 ac)f the State/US r r (0.11 ac) ,.......:.'.:.':.'.':.'.:.':.'.':.'.:.':.'.:.'.. ............................. / . . \ _......,. Ordinary High Water(OHW) Direction of Flow TAX LOT 6300' TAX LOT 2000 ' i J 0 20 40 80 Plans Provided by Century West Engineering. SCALE IN FEET PHS Existing Conditions FIGURE SW 124th Avenue/SW Ann Court Culvert Replacement-Tigard, OR `t Pacific Habitat Services,lnc. 9450 sw commerce ache,see 180 Wilsonville,Oregon 97070 7-16-2018 Phone:(503)570-0800 Fax(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig4 ExCond.dwg,7/20/2018 11:34:59 AM NWP-2018-386 Page 3 of 12 Enclosure 1 WetlandMaters Impacts (Removal) Wetland A: 130 sf/1 CY 00 ::: :: Channell :: :r .... :.. (0.04 ac) Wetland B: 188 sf/8 CY Channel 1: 185 sf/7 CY / 'µ r .�. Wetland/Waters Impacts (Fill) ..... ... Wetland A: 130 sf/12 CY �ti°� r r :: i Wetland B: 188 sf/1 CY f. %: 1 Channel 1: 185 sf/4 CY , r �:: :::::::: r. 1 \ / /4* r: 1 1 r r Wetland A r r (0.14 ac) Proposed 80'long Aluminum \` / Concrete 1 Culvert Replacement Headwall -/7 1 - - - (10'-3"x 6'-9") \ I 216 1 Proposed \ New Curb/ J Concrete 1 , \ ,� /Sidewalkl Headwall ` /' 214, - N ti Proposed Q ' \ ///Pro /New Inlet Catchbasin'�1� r ......:: t'rrLEGEND \\ Existing \ 1 ti ® ® ® Project Area 0.72 ac 18"Culvert \�� �: ` -7. 1 ( ) 1 \ G Wetland(0.25 ac) Wetland B , : \ Wetland Impact (0.11 ac) \ Waters of the State/US \ rr rrr rr (0.04 ac) :.:.::..:. ® Waters Impact Ordinary High Water(OHW) / / I Direction of Flow 0 20 40 80 NOTE. See Figure 5A for cross section. Plans Provided by Century West Engineering. SCALE IN FEET PHS Proposed Site Plan Overview and Cross Section Location FIGURE SW 124th Avenue/SW Ann Court Culvert Replacement-Tigard, OR 5 Pacific Habitat Services,lnc. 9450 sw commerce ache,see 180 Wilsonville,Oregon 97070 7-16-2018 Phone:(503)570-0800 Fax(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Figs Site Plan.dwg,7/20/2018 11:34:22 AM NWP-2018-386 Page 4 of 12 Enclosure 1 CONSTRUCTION NOTES ■ CONSTRUCT 24"OF COMPACTED BASE-20" ■ INSTALL UP TO 5 FISH ROCKS AT LOCATIONS OF 3"-0 MATERIAL AND 4"OF a'-0 OR 1 1'-0 APPROVED BY THE ENGINEER, LEVELING COURSE. ■ REMOVE EXISTING 30"CMP CULVERT ■ CONSTRUCT 10'3"X 8'9"ALSP CULVERT AND CONCRETE HEADWALLS, ■ INSTALL 1.5'MIN.THICKNESS CLASS#100 RIP RAP. ■ INSTALL 24"THICKNESS OF STREAMBED MIX. ■ INSTALL 6"MIN.THICKNESS ■ FILL DOWNSTREAM SCOUR HOLE WITH FILTER LAYER BELOW RIP RAP ON STREAMBED MIX. GEOTEXTILE TYPE 2 220 220 FINISH /EXISTING FINISH GRADE ROADWAY GRADE WETLAND B IMPACT WETLAND A I IMPACT 215 _l FRONT OF INLET 215 I HEADWALL 1-0 FRONT OF OUTLET PROPOSED 163%-7 HEADWALL CREEK BOTTOM EXISTING CREEK BOTTOM / PROPOSED @ STREAM CENTERLINE CREEK 210 — — — BOTTOM210 205 205 0+00 1+00 2+00 PROFILE VIEW SCALE:H:1"=30' V:111=3' Section Provided by Century West Engineering. I SFIGURE ��Mrjg Wetland Impact Cross Section A-A' �� SW 124th Avenue/ SW Ann Court Culvert Replacement-Tigard, OR acl Ic Habitat rvlces,nc. 9450 SW Commerce Circle,suite 180 Wilsonville,Oregon 97070 7-16-2018 Phone:(503)570-0800 Fax(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig5A Impact5ect.dwg,7/20/2018 11:35:29 AM NWP-2018-386 Page 5 of 12 Enclosure 1 I� A 80'-0"(OUT TO OUT) z FLOW a I A I ALSP CULVERT PLAN t- CO M 10'-3" SPAN - ALSP CULVERT CROSS SECTION A-A Details Provided by Century West Engineering. PHS FIGURE Proposed Culvert Details SW 124th Avenue/SW Ann Court Culvert Replacement-Tigard, OR Pacific Habitat Services,lnc. 0450:c0��a�a 0181 sure 180 wus0111 a.o'ag0l Wm0 7-16-2018 Phone'.(503)5]0-0800 Fax(503)5700855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig5B StormPlanter.dwg,7/20/2018 11:36:02 AM NWP-2018-386 Page 6 of 12 Enclosure 1 ACTIVE CHANNEL TYPE 2 FISH ROCK PER NOTE 1 STREAMBEDw M MATERIAL tWil� Z �0�00�00�0 `20� w on W NOTES: 1.FISH ROCKS SHALL BE RANDOMLY PLACED WITHIN THE ACTIVE CHANNEL OF THE CULVERT AND ITS UPSTREAM/DOWNSTREAM CHANNEL. 2.PROVIDE UP TO 5 FISH ROCKS AT LOCATIONS APPROVED BY THE ENGINEER. 3.DIMENSION'H'IS TYPICAL FISH ROCK HEIGHT.FISH ROCK TO BE EMBEDDED IN STREAMBED MATERIAL To 2 OF W. FISH ROCK DETAIL r. TOP OF BANK EXISTING VARIES — 6' VARIES GROUND \ \ \ \\ 1 FL PER PLAN MATTING\ \\\\��\\/\\/\\//\//\ \ \�///\//% MATERIAL, TYPE A X/. �i,// �\ �� /�\i\\ i\� TOE OF BANK STREAMBED MATERIAL CHANNEL DETAIL Section Provided by Century West Engineering. S—N.T.S. PHS FIGURE Proposed Channel Details SW 124th Avenue/ SW Ann Court Culvert Replacement-Tigard, OR Pacific Habitat Services,lnc. 9450 SW Commerce Circle,Suite 180 Wilsonville,Oregon 97070 7-16-2018 Phone:(503)570-0800 Fax(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig6 Channel Det.dwg,7/20/2018 11:36:51 AM NWP-2018-386 Page 7 of 12 Enclosure 1 / ........ tiryti .:: : :: N / :::::: :::. U N ::: ... :::... . 2�2 / ... ' ::. Construction LEGEND :....;5 Entrance SD STORM LINE /:: .. INLET PROTECTION(TYPE 3) :: ::: :.:::: . -SF- - ;, m\ — SILT FENCE ???:??????::iii?ir'.ii T r it?r:'.'rir?r. PHS FIGURE Erosion /Sediment Control SW 124th Avenue/SW Ann Court Culvert Replacement-Tigard, OR Pacific Habitat Services,lnc. 9450:Commerce Circle,SuAe 180 Wilson,le.O�egon 97070 7-16-2018 Ph, (5 Fa.(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig7 EC.dwg,7/20/2018 11:37:28 AM NWP-2018-386 Page 8 of 12 Enclosure 1 Gomm to a•i rom 4PR"ural or Mrs moan 141orerlrne - AQW. 17-m . � nurereruler Ftrn _.:.'a; 'r . Flury SUM to 8'r�eod t 45 f ww- 2V"rnR GYdfJ� - ris . gill rwlrwwNeln F7M1'Ptl Flbill - i n Wol im areund Ifni, 4ra1Bn -9191 '- - - rfn�imnld din 4ft .. wMnE6r'c7J79a rark'A eC9 119SGJ C 26207 iTILEMIREMESFUAWFAECATE TYPE 2� MEPA19MATED Pi=IMSEnT-TYPES 6O FM OnCTI ON-"E 6 r1 f Rete•9r?lrnd e1 �d ia'&t- B.IC i Gompo�+t:Ne+Sock—'�• �� ��i.[l?;yi�� �r� � ,� -.. - a&r4 7:1inn7a�r.Yr ;� �-sem - 7'1�ef59'-0'.61}Aa+r$IaktiS��11eepp �� �'f Wke tled 11796 �❑�rlvMrl 9CUr nspnarae 1►stTln 4� Sts urs rwp arz do anon pr*wrr{_" iur:r,gli[Ilal la7s.nlG O �>•HG*ii1i X991 a' M. YI ANEA 6RaiN PI-Ah I bfrun PEAW-CIPI VICW QURS lnLE1 PERSPEVIVE Vil CONIPQ4T FILTER SOCK OR WATTLE-TYPE] -UK arrtduawa rohldd wdm p e ri o+am 5w-: apswe enl n- maae•r I'vm ow r3Iw%Qeki o.,c ow 6a ____Nil N.7M I]REONSTANDAnD?DRAVM08 T?+paR.Do-elanrrgrairo mtsh.300ro9>'°° IyryCa 1`17 Ki=erlm hotly tyrw?, ComP75limarmim wm. A-ehrQ.nolo dzs*ne 1n=l1 .rumtlrC.P nlioer�mwaomxarguua ark. nti�2xrrncnslalmsammmvmare'mimBr�+ x,--••-�---•wrn IlPA)rrff �N r16GB Irn3.iiB rrdBh 1aBGfrarei°A° Rees seef n+eri kru a&5DIII til r e ven H+e v iv, `rraaal POY04q.er6 mar�daclur� Mrrr 01'%nu�d+mod+J-sr ass b+rtia axk enaNemnlp ar +r„ TYPE E.a.[and 7 al Rfera6nr4lraer7aw9hwomlinrmwilawere rher; wxk& now.uxnvwiirlsm rsmiommrr�o-ne Ir#alr p19¢ef9d+6r�10Q06tA�li��dliC olo,n.t. nlyvwhun°00O1 r1°a6p-ldaondt;UlPk, {1m1n,a• p}- a'+aarw>x ,.urnomraax>pun. Nwa@-'I I'll 0.0, 99gimBnlB Br i'i90�g9Lt iLUrni Uae@-r017'¢p BOCM Oe ileN,%in Inal;C8re49. 41.11'11'd Bre Qaw INtl Il ror =a Is�c It..1'A.Wde nock hrxmlr fcencnae yr ee8s irr lead r>ahor,rnar¢ri1y� rAti-r_adriaIi w nrt a io"Vid. whwu the 611 rnn 6o-.2w mmy. .9g7rymad Prnfe�a+ar Enghber. PHS FIGURE !�Jjl Erosion / Sediment Control Details 7A SW 124th Avenue/ SW Ann Court Culvert Replacement-Tigard, OR Pacific Habitat Services,Inc. 9450 SaCommerce Cirde,Suite 180 Wilsonville,Oregon 97070 7-16-2018 Phone.(503)570-0800 Fax(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig7A EC Dets.dwg,7/20/2018 11:38:00 AM NWP-2018-386 Page 9 of 12 Enclosure 1 i ANGLE FILTER FABRIC FENCE TO ASSURE SOL IS 3RFPPEO 1 1 INTERLOCKED P-.2- PLAN VIEW ANG ATTA04 IN OT TO SCALE 1h5E STITCHED LOOPS 3'WRIWtIM OLFR 2'K 2'Pill NOTES. FROLI FOE SLOPE- 1. BURY 90TTOAt OF F1 LT£R✓'A9RIC S" LERTICALLY It♦•=LOW FINISHED GRADE. 3,-w 2. 2-a 2"rIR.PINE OR STEEL FEN{$ ¢._D. POSTS. 3. POSTS TO 6E INSTALLED C✓N UPHILL 51DE Or sLVPC. A, COLIPACY BOTH SIDES OF FILTER 6• FpBRIG YREA7GFI- 5, PANELS kZVS?SE PLACED --ILTER FABRE ACCCRORJO TO SPACIldG CN DETAIL MATERIAL 35" NO.Job w7L ii0.LS PROFILE NQT TO SCALE yfll FILTER FABRIC KIATERLAL V-6" 36`"DE ROLLS J. b" P6, I llN SPhONG FORFURTHER INFORMA ON L4, GEV014 C%TERIA 5 SEEA CLEAN lTEIR FRONT VIEW RCE PREYl NOT TO sams AND�EDMFNT CONTROL PLANNINC AND CE9GN MANUAL 5 E D I M E N 7 FENCE ©ean%ter�servkes DRA'MN-G N4. 875 RE`05M 12-+e PHSFIGURE Erosion / Sediment Control Details SW 124th Avenue/SW Ann Court Culvert Replacement-Tigard, OR Pacific Habitat Services,lnc. 9450 SW commerce Cirde,SoAe 180 Wilsonville,Oregon 97070 7-16-2018 Phone:(503)570-0800 Fax(503)570-0855 X:\Project Directories\6300\6311 124th and Ann Court,Tigard\AutoCAD\Plot Dwg\JPA\Fig7B EC Dets.dwg,7/20/2018 11:38:28 AM NWP-2018-386 Page 10 of 12 Enclosure 1 L o � meAe rc�uo..r, f A A L PLAN NEW-SiANQARQ CURB•NQ GujjE1 NOTES: •4•s _ 1 \ 31, r..a. •`" �A ex 15. %CCBON A-A VU011 R-BE% Ex 21- . r. r , . • J � E%:4,5.44 :2,5.C3J - STA 3+85.43 CURB RAMP PLAN GUTTER do CURS INLET _ �plp " CATCH BASIN (CG-2y �eulHr $ervrn - __ �A1f01 LEGEND T= A11F>ANa1N'E ��'� TRUNCATEDDOMEDETECTABLEMRNING NO. RU D 759 NOTES: TAIE­C •� ...n it miarc°r.• u•Grc w a•al u,rwbe 4'MAx.cRoss sLOPE ory sIOEWALN OR RAMP Is 21. STATION OFFSET TciFG -L ~'All L 3+85.43 -11346215.]1 215.21 ^` - -'--�'�• ,((�newl:r�� it ---T.�- 3+75.95 -2193 - 215.31 3+70.85 -2698 215.30 j 3+67.84 -36,56 215.45 214.95 I.i.�...^' - x'04 5 3+85.91 -24,44 215.80 9RWAEli AO.MCENi TO CURB �.-.� r .�. �- .. - « 3+79.32 -26.80 215.90 215,40 °.. - -' ' d:.° r`a+=•rw.,. -.•1r_•�-�l.c¢ww�ma-o. 3+75.82 -30.34 215.89 21539 r�� 1`� _- I.,u7y'm r' W,i6.e- -• Ortr4 3+]3.54 -36.96 215.54 - 3+6].53 -39.59 215.04 214.8] rwr- -_ � _ w. IIAIIR ORMlC1RI1 SRQRc SIDEWALK AWAY FROM CURB *- w>a L11 I B •rm.o•w.r mrnraan.mrwra.•r_w X•r.a•�M1mm�...1.mr.....•.mM1.arpG..-wyeaw�r:«r[rwi.erry.rvnr.r.,.n.'aa FrrRO4 .m . PERYN L•VaTrcE EW SMWNG LBAi „XPPECIdIE NIlp¢g "'-�'•an.-r we.c..o-� .. 8 .... On 1W�a F[I�+[.�li>!kM [iwtiM.YrIPX M1+At -��'"'�' - • -' INLET CATCH BASIN (CG-30; PASPIEIR pG_gfi "' F 3� $t ENGINEERING DVISION 90%DESIGN-NOT FOR CONSTRUCTION p Revisions-d AEEentlOms SHEET Descri tion Dale No. By CENTU RYMPR.1N. PDBSISWORKS� DwPARTMENT CITY OF TIGARD p6-pi p WEST no.QQEONE711J 124TH AVENUE/ANN COURT CULVERT REPLACEMENT GF p5o.i--4171 ms l 13 8P ONE INCH E N G I N E E R N GDETAILSFILE NODESIGN:JAJ DRAWN:BMV CHECK:RV 3e BID ON: NWP-2018-386 Page 11 of 12 Enclosure 1 COF6iRPCFIOH NOTES PRE- M1 NO,ANO 09HOUTION NOTES: -S"5' S e.s,s of Rcarz a w.Ar Aalcn. A" GENERAL T"ALL BASE ESC MEASURES(INLET PROTECTION.PERIMETER SEDIMENT CONTROL GRAVEL CON$FRVCTION PNTIUNCES. LReGs o-__SLOP!IN[w PrATTi EFC"}MUST BE IN PI-ACE.FUNCTIONAL.AND APPROVED IN AM INITIAL INSPECTION.PRIOR TO COMMENCEMENT OF a'olEP r.5'-O'AC4AEC TE OACKF1Ll I. ALL PUBLIC IMPROVEMENTS SMALL BE CONSTRUCTED PER THE CONSTRUCTION ACTIVITIES. coH sawcur Axp MU f%TG WMT APPLICABLE SECTIONS OF THE CITY OF TIGARD PUBLIC IMPROVEMENT a��% �T-� DS51GH STANDARDS,OREGON STANDARD SFECIFIGTIONS FOR 2.SEPI MENT BARRIERS APPROVED FOR USE INCLUDE SEDIMENT FENCE.BERMS CONSTRUCTED OUT OF MUCH,H, NFw STANDARD CUTB xEW STAN aArtn Cune CONSTOLCTION 70151 APWA 5 CWS DESIGN AND CONSINUCTION CHIPPINGS.OR SER SUFTABLE MATERIAL.STRAW WATTLES.OR OTHER APPROVED MATERIAL5, sTmomDS" TYPICAL SECTION 3.ALL BE YE RESOURCES ATED INCLUDING,BUT HOT LIMITED TI TREE$,WETLANDS,I AND RIPARIAN PROTECTION AREAS 2" THE CONTRACTOR L SMALL,PERFORM ALL THE WORK SHOWNCOON THE SHALL BE CLEARLY OANYONEED WRH ORANGE CONSTRUCTION FENCING OR CHAIN LINK YOND TH A NANNER ION IS THE PROJECT AND ALL INCIDENTAL BLE WORN D.ALL INCIDENTAL E COMPLETE CLEARLY VISIBLE TO AHVDN{IN THE AREA,NO ACTIv]T[E$ARE PERMITTED ro OCCUR BEYOND THE[DNSTRUrnOW STA pI iL.H TO STAa•.I.Ea THE PROJECT IN E ACCEPTABLE MANNER.ALL R WE ITEM WORD BARRIER. SHALL NE INCLUDED IN THE UNT PRICE BID FOR ERIE ITEMS OF WORK LISTED IN THE PROPOSAL ANT REN MDT LISTED IN THE PROPOSAL IS L"CONSTRUCTION ENTRANCES SHALL BE INSTALLED AT THIS BEGINNING OF CDNSTRUCRON AND MAINTAINED FOR THE TNR CONSIDERED OICIOENTAL. DURATION OF THE PROJECT.ADOFRONAL MEASURES INCLUDING,BLT NOT UMRED M.STREET 5 EPING,AN - VACUUMING.MAY BE REQUIRED TO INSURE THAT ALL PAVED AREAS ARE KEPT CLEAN POR THE DURATION OF THE PROJECT. S Ip• ,�! 3. THE CONTRACTOR I)SEER F APP O APPROVED SMALL WAVE A s � L MINIMUM OF ONE Ii)SET OF APPROVED CONSTRUCTION ACTION PIAN ON WE S.RUN-ON AND RUNOFF CONTROLS SHALL HE IN PLACE AND MEASURE I PRIOR TO BEGINNING S(WI TANTUI > ROF HapR RT AI JOB$ITE A7 ALL TI MES AUR]HG CDNSFRUCRDN PHASES. CONSTRUCTION ACTIVITIES.RUH.GN AND DUN-OFF CONTROL MEASURES INCLUDE:SLOPE DRUNs(WITH O,TTSET I,yAT wxxA.yoRR Ix[.1 LIT A, THE CCHRRACFOR SHALL CAUSE ALL MATERIAL L[ER[SI T9IOk,, AfRD �CE SIZRRDUa1RMING. IS mr DrFG py.rr SUBMIT TO THE ENGINEER PROOF OF MATERIAL(S)TESTED NTHESE EROSION AND SEDIMENT CONTROL PAFfS ASSUME-DRY WEATHER'CONSTRUCTION.'WkT WEATHER' •�"fes sFAxeAnR Mee ACCORDANCE WITH THE SPECIFICATIONS,WITHIN TWO WEEKS OF CONSTTUICTIOH MEASURES MEED TO BE APPU ED BETWEEN OCTOBER IST AND MAY IIST- �•fe-DRKVEwax LIRA ACCEPTANCE OP THE CONTRACT wITH THE OWNER,THE CONTRAA FOR PRCH uKD TYPICAL SECTION CERTIFIES THAT ALL MATERIALS DELIVERED TO TIME IM SITE OR N TR R H AN IMENT CON LICTTON NOTES" pI4TUTOED AALKs INCORPORATED INTO WE WORK WILL MEET OR EXCEED To&AlSEaCp 5PECIFICATIONS.ANY MATERIAL NOT CONFORMING SHALL BE 1.SEED USED FOR TEMPORARY OR PERMANENT SEEDING SHALL BE COMPOSED OF ONE OF WE FOLLOWING MIXTURES, STA el.L.10 FD VA 2-".l@ Yxp OPO,Ix FMDtwA S,a.TL R AT SA-TOY0 REMOVED AT NO ADDITIONAL COST Y[7 THE OWNER, UNLESS OTHERWISE CORRIDOR AUTHORIZED: ••[RI Tw1YEM•AT UPON STAfTDApp C1FAO.SNAP TOF iD Dpux,pwApDs srDEwa.x A"VEGETATED S MIX(MI AREAS REQMJ]RE NATIVE SEED M1XE5.SEE RESTORATION PLAN FOR APPROPRIATE SEED MIX- 5 BEGINNING CONTRACTOR C NSILL VERIFY LOCATION OF E NGIWIDER PRIOR ro D.DWARF GRASS PERENNIAL IOD ASS(80 RlTH SMNIFICA CONSTRUCTION AND NOTIFY THEE MEN ANY 1-DWARF PERENNIAL RYE(20% Y WE BY WEIGHT) SPP AVAILABLE DISCRECORDS AND HAYES-INOT BE S HAVE BETH LOCATED FROM 1.STANDARD RAP FESCUE(IXY IN WEIGHT) P AVAILABLE RECORDS AND MAT NOT BE AS SHOWN HEREON- Fueu[Row 5.3 lP �� CONTRACTOR SMALL NOTIFY ALL UTILITY COMPANIES AT LEAST-08 C"STANDARD KEEGHT GRASS NI%(MIN"]ODL9.IAC.1 TAA'TL LANE HOURS PRIOR TO 6EGINNKNG EXCAVATION. L ANNUAL RYEGRAUE(i0%BY WEIGHT) ]'FIAT eAs% F H Ott AYfAT ALIGN. I.MRF-TYPE FESCUE(60%BY WEIGHT] [xEw v+HTI 6, CONTRACTOR TO PROVIDE TRAFFIC CONTROL PER ODOT AND I.SLOPE TO RECEIVE TEMPORARY OR PERMANENT SEEDING SMALL NAVE WE SURFACE ROUGHENED BY MEANS OF v.Mnrt AHO xAT[H ExTo v,r M.U.T,C.D STANDARDS FOR ALL CONSTRUCTION ACTIVITIES WITHIN TRACK•WALCING OR WE USE OF OTHER APPROVED IMPLEMENTS"SURFACE RDUGHENING IMPROVES 5EED MOOING AND THE PUBLIC FLIGHT OF WAY.CONTRACTOR SHALL MAINTAIN ACCESS REDUCES RUN-0FF VELDCRY" OTCHAMD ANW STLAKIARDCUM TO ADJACENT PROPERTIES AT ALL TIMES.CONTRACTOR TO SUBMIT p15TUA a"ISAS TRAFFIC CONTROL PLAN AT PREC016TRUCFIONI CONFERENCE TO BE 3.LONG TERM SLOPE STABILIZATION MEASURES SHALL INCLUDE THE ESEAELCSHMENEOF PERMANENT VEGETATVE COVER To.MSE#a TYPICAL SECTION REVIEWED AND APPROVED BY ENGINEER. VIA SEEDING WITH APPROVED MIX AND APPLICATION RATE. STA xK.T T TO STA R..?.15 B. UTILITIES 4.TEMPORARY SLOPE STABILIZATION MEASURES SHALL INCLUDE:COVERING EXPOSED SOIL WITH PLASTIC SHEETING. STRAW MULCHING,WOOD CHIPS,OR OTHER APPROVED MEASURES, I. ALL PUBLIC UTILITY INSTALLATION BMALL CONFORM TO THE RIP, S APPLICABLE PORTIONS OF THE CURRENT CRY OF TIGARD 5.STOLYCPILED SOIL OR STRIPPINGS SHALL BE PLACED IN A STABLE LOCATION AND CONFIGURATION.bukING'WEI xp' CONSTRUCTION STANDARDS,CLEAN WATER SERVICE STANDARDS, WEATHER-PERIODS,STOCKPILES SHALL BE COVERED WITH PLASTIC SHEETING OR STRAW MULCH,SEDIMENT FENCE IS ODOT STANDARD SPECIFICATIONS DR AW WA STANDARD REQUIRED AROUND THE PERIMETER OF THE STOCKPILE. 1A7 5.T ipnrEtruN¢�I SP¢[TFICATLDWS. NOW6.EXPOSED CUT OR FILL AREAS SHALL BE$TABR•IZED THROUGH THE USE OF TEMPORARY SEEDING AND MULCHING. T TtFT r p►S 5j.ppl� TVY#M=j 2"ALL NONMETALLIC LATERAL PIPING SHALL HAVE AM ELECTRICALLY EROSION CONTROL BLANKETS OR MATS,MID-SLOPE SEDIMENT FENCES OR WATTLES,OR OTHER APPROPRIATE MEASURES. CONpUCF1VE TRACER WERE(L2 GAUGE.INSTALLED COPPER,OR SLOPES EXCEEDING Z5%MAY REQUIRE ADDITIONAL EROSION CONTROL MEASURES SAMCVT LIC HATCH Exec-Mi HEAVIER,1N APPROVED COLOR)IMS1ALLEb IN THE TRENCH FOR xErr STANDARD(yRe LOCATING MPE IN THE FUTURE,PER UNIFORM PLUMBING CODE- P.AREAS SUBJECT TSI WIND EROSION EMIL USE APPROPRIATE DUST CONTROL MdakW"S INCLUDING WE APPLICATEpN ••IJry"DdP .'UPI OF A PINE SPRAY OF WATER,PLASTIC SHEETING,STRAW MULCHING,OR OTHER APPROVED MEASURES. 3.ALL TRENCH BACKFIIL WITHIN PAVED AREAS AND SIDEWAL45 5HALL TYPICAL$EGTf ON BE COMPACTED 314'-O CRUSHED ROCK,COMPACTED TO 45%OF S"CONSTRUCTION ENTRANCES SHALL BE INSTALLED AT THE BEGINNING OF CONSTRUCTION AND MAINTAINED FOR THE MAXIMUM DENSITY AS OHTAI HED BT AASHTO T"COMPACTION TEST" OURATCDN OF THE PROJECT.ADDITIONAL MEASURE'S INCLUDING,BUT NOT LIMITED TO,TIRE WASHES,STREET SWEEPING. AND VACUUMING HAT LIE BE MEQULNEO TO INSURE THAT ALL RAVED AREAS ARE KEPT CLEAN FCR THE DURATION OF THE E•FERYI[p15 IT STA xrex.ls TO STA s•xS"5T K. THE CONTRACTOR SHALL NOTIFY THE CRY AT[503]"71B-24T2 AS PROTECT, 6,Of YYD wAE,R[DMSE pOtlf ON [WLTR•Ir•MWEwatV HOURS PRIOR TO START OF CONSTRUCTION. n0•HAYOvex eEOi!%fU!IA&AIC 9"ACTIVE IMLET5 TO STORM WATER SYSTEMS SHALL BE PROTECTED THROUGH THE 115E OF APPROVED INLET PROTECTION a'AERPaU$C(NKRETE ON 5-STORM SEWER SHALL BE OF THE SIZE AND MATERIAL AS NOTED DH MEASURES,ALL INLET PROTECTION MEASURES ME TO BE REGULARLY INSPECTED AND MAINTAINED AS NEEDED" M-pUSHR;D'AASHEO STOKE THE PLANS. 6'd IT'-i CAW-Eu-4-w RASE ROCK oN 10.SATURATED MATERIALS THAT ARE KAULED OFF-SITE MUST BE TRANSPORTED IN WATERTIGHT TRUCKS TO ELIMINATE NON'w AZOFAxT1Kc F.M m SPILLAGE OF SEDIMENT AND SEDIMENT-LADEN WATER. r 45PnµeDM C_ APPROVALSJ.5'A,.nuLT eN• N•OF T/.o rrnIX TE B,ASe 11.AM AREA SHALL BE PROVRDED FOR THE WASHING OUT OF CONCRETE TRUCKS 1N A LOCATION THAT DOES NOT r[K r'_W AGGADC TE OAST 6'v 1. SIGNIFICANT CHANGE$TO THESE PLANS MUST HE APPROVED BY THE PROVIDE RUN-OFF THAT CAN ENTER THE STORM WATER SYSTEM OR S&WFACE WATERS.TF THE CONCRETE WASH-OUT v BASE RPOF CITY OF TIGARD,AND THE ENGINEER PRIOR TO IMPLEMENTATION. AREA CAN HOT RE CONSTRUCTED GREATER THAN 50'FROM ANY DISCRAAGE POINT,SECONDARY MEASURES SUCH AS BERMS OR TEMPORARY SETTING PITS HAY BE REQUIRED.THE WASH-OUT SHALL BE LOCATEP WITHIN SW FEET OF TRUCK 2, CONTRACTOR TO ACQUIRE ALL REQUIRED PERMITS BEFORE WORKING ACCESS AND BE CLEANED WHEN IT REACHES 50%OF THE CAPACITY" IN THE PUBLIC RIGHT OF WAY" ------- "'"^ 12.SWEEPINGS FROM EXPOSED AGGREGATE CONCRETE SHALL NOT BE TRANSFERRED TO THE STORM WATER SYSTEM. TYPICAL PERVIOUS FCC TYPICAL PERVIOUS PCC TYPICAL ASPHALT TYPICAL ASPHALT swEEPIHG551uLL BE PICKED UP Af[/DISPOSED IN THE TRAIN. DRIVEWAY SECTION SIDEWALK SECTION ROADWAY SECTION DRIVEWAY SEMON 13.AVOID PAVING IN WET WEATHER WHEN PAVING CKEMICAL5 CAN RUN-0FF INTO THE STORM WATER SYSTEM. 14"USE BMPs SUCH AS CHECK-GAMS,BERMS,AND INLET PROTECTION TO PREVENT RUN-OFF FROM REACHING DISCHARGE FLATWpRK CpNETRDCTYON NOTES: FtlINf5. 15.COVER CATCH gA.51E1$,MAHNp[F$,AND OTN6L DiSQLARGE PO[IFIS WHBN FPpLT]MG SEAL COAT,TACK COAT,ETC.TO L.SIDEWALK PANELS TO BE 5 FEET LONG AND DRIVEWAY PANELS TO BE 10 FEET LONG UNLESS OTHERWISE SPECIFIED" PREVENT INTRODUCING THESE MATERIALS TO THE STORM WATER SYSTEM, 2.EXPANSION JOINTS B CONSTRUCTION)MINTS SHALL BE 112-PREMOLDEO ASPHALT IMPREGNATED MATERIAL OR EQUAL EKTENOING FROM l $UBGRADETO F]N[5H GRADE AND PLACED AT SIDES OF DRIVEWAY APPROACHES,UTILITY VAULTS,WHEELCHAIR RAMPS AND AT SPACING NOT TO J EXCEED 45 FEET" 3.PERVIOUS CONCRETE TO BE-EVOLLRIGN WALKWAY'SIZED AGGREGATE OR APPROVED EQUAL MEETING THE STRENGTH AMD VOID RATIO = REQUIRMENTS OF SECTION 0757.0 I OPAT*' Nf �ae.� • R.,W-NWAdJbr ENGINEERINGDVISWN COMMERCIAL STREET SIdEWALK �` ' ,Kpa"°":p"', '�Prm' ^'"'m°A;,wea•,N,D. � CES�NW �BLIc wDIiKS OEPMTaIENT " RpSpq IesDT x -- 'Assf ■ �:�iw vn2x 2""gcr �'3g+IG R �z,llc �:n,••H• ^z+' _�,_PPax CONSTRUCTION NOTES& °F ACF:SBO-tA�-.PFT 9 TYPICAL SECTIONS FILE NO THIS DRAWING 15 FULL SIZE WHEN j7-X 3t-OR 15 REDUCED TO HALF SCALE WHEN II'K 1T ARWI DRAWN ASH I CHECK:MW PIOJ.NO P950491HOQU: NWP-2018-386 Page 12 of 12 Enclosure 1 Nationwide Permit 3 Army Corps of Engineers Terms and Conditions of �:N: Portland District Effective Date: March 19, 2017 A. Description of Activities Authorized by Nationwide Permit 3 B. Nationwide Permit General Conditions C. District Engineer's Decision D. Further Information E. Portland District Regional Conditions In addition to any special conditions that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit authorization to be valid in Oregon. A. Description of Activities Authorized by Nationwide Permit (NWP) 3 3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated NWP-2018-386 Page 1 of 23 Enclosure 2 sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance. B. NWP General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. NWP-2018-386 Page 2 of 23 Enclosure 2 (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. NWP-2018-386 Page 3 of 23 Enclosure 2 9. Management of Water Flows. To the maximum extent practicable, the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11.Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12.Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low- flow or no-flow, or during low tides. 13.Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14.Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15.Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee NWP-2018-386 Page 4 of 23 Enclosure 2 must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18.Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre- construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification. NWP-2018-386 Page 5 of 23 Enclosure 2 In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http:// and www.nmfs.noaa.gov/pr/species/esa/ respectively. 19.Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. NWP-2018-386 Page 6 of 23 Enclosure 2 20.Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, NWP-2018-386 Page 7 of 23 Enclosure 2 the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21.Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14,16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. NWP-2018-386 Page 8 of 23 Enclosure 2 23.Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/`10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by- case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the NWP-2018-386 Page 9 of 23 Enclosure 2 activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 12- acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 12-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or NWP-2018-386 Page 10 of 23 Enclosure 2 parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27.Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed O-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the NWP-2018-386 Page 11 of 23 Enclosure 2 nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31.Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. NWP-2018-386 Page 12 of 23 Enclosure 2 32.Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general NWP-2018-386 Page 13 of 23 Enclosure 2 permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre- construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible NWP-2018-386 Page 14 of 23 Enclosure 2 inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) All NWP activities that require pre- construction notification and result in the loss of greater than 12-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the preconstruction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency NWP-2018-386 Page 15 of 23 Enclosure 2 watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of preconstruction notifications to expedite agency coordination. C. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 12-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 12- acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to NWP-2018-386 Page 16 of 23 Enclosure 2 use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) That the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would NWP-2018-386 Page 17 of 23 Enclosure 2 reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. D. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). E. Portland District Regional Conditions Note: The following Nationwide Permit (NWP) regional conditions are for the State of Oregon. Regional conditions are placed on NWPs to ensure projects result in no more than minimal adverse impacts to the aquatic environment and to address local resource concerns. 1. Notification: For permittees that received written NWP approval, upon starting the authorized activities, you shall notify the U.S. Army Corps of Engineers, Portland District, Regulatory Branch that the work has started. Notification shall be provided by e-mail to cenwp.notify@usace.army.miI and the email subject line shall include: Corps project number and the project location by county. 2. Aquatic Resources of Special Concern: Pre-construction notification to the District Engineer is required for all activities proposed in waters of the U.S. within an aquatic resource of special concern. Aquatic resources of special concern are resources that are difficult to replace, unique, and/or have high ecological function. For the purpose of this regional condition, aquatic resources of special concern are native eel grass (Zostera marina) beds, mature forested wetlands, bogs, fens, vernal pools, alkali wetlands, wetlands in dunal systems along the Oregon coast, estuarine wetlands, Willamette Valley wet prairie wetlands, marine gardens, marine reserves, kelp beds, and rocky substrate in tidal waters. In addition to the content requirements of NWP General Condition (GC) 32, the pre- construction notification must include a statement explaining why the effects of the proposed activity are no more than minimal. Written approval from the District Engineer must be obtained prior to commencing work. Note: If the District Engineer determines that the adverse effects of the proposed activity are more than minimal, then the District Engineer will notify the applicant that either: (a) the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) the NWP-2018-386 Page 18 of 23 Enclosure 2 activity is authorized under the NWP subject to submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) the activity is authorized under the NWP with specific modifications or conditions. 3. Cultural Resources and Human Burials-Inadvertent Discovery Plan: In addition to the requirements in NWP GCs 20 and 21, the permittee shall immediately notify the District Engineer if, at any time during the course of the work authorized, human burials, cultural items, or historic properties, as defined by the National Historic Preservation Act and Native American Graves Protection and Repatriation Act, are discovered. The permittee shall implement the following procedures: a. Immediately cease all ground disturbing activities. b. Notify the Portland District Engineer as soon as possible following discovery but in no case later than 24 hours. Notification may be sent by fax (503-808-4375) or electronically (cenwp.notify@usace.army.mi1) and shall identify the Corps project number and clearly specify the purpose is to report a cultural resource discovery. The permittee shall also notify the Corps representative (by email and telephone) identified in the verification letter. c. Notify the Oregon State Historic Preservation Office by telephone at (503) 986- 0690. Failure to stop work immediately and until such time as the District Engineer has coordinated with all appropriate agencies and Native American tribes, and complied with the provisions of 33 CFR 325 (Appendix C), the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, and other pertinent regulations could result in violation of state and federal laws. Violators may be subject to civil and criminal penalties. 4. In-water Work: To minimize potential impacts to aquatic species and habitat, in- water work will be limited by the following timing considerations: a. Permittee shall complete all in-water work, to the maximum extent practicable, within the preferred time period (i.e., work window) specified in Oregon Department of Fish and Wildlife's (ODFW) "Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources," June 2008, or most current version, available at: http://www.dfw.state.or.us/lands/inwater/. b. If work cannot be completed within the preferred timing window, despite every attempt to do so, permittee shall submit a written request to work outside of the preferred window to the District Engineer. The request can be made by means of the joint-agency In-water Work Period Variance Request for Previously Permitted Authorizations form which can be found at http://www.oregon.gov/dsl/WW/Pages/WWforms.aspx. Permittee shall not begin any in- NWP-2018-386 Page 19 of 23 Enclosure 2 water work outside of the preferred window until they have received written approval from the District Engineer. Note: The final specified in-water work period will be based on a project-specific evaluation and may supersede these guidelines through special conditions of the permit verification. 5. Essential Fish Habitat: Activities which may adversely affect essential fish habitat, as defined under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), are not authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non-federal permittees must submit a pre- construction notification to the District Engineer if essential fish habitat may be affected by, or is in the vicinity of, a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat (e.g., Pacific coast salmon, Pacific coast groundfish, and/or Coastal-pelagic species) managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at NOAA's website: http://www.westcoast.fisheries.noaa.gov/. 6. Bank Stabilization: Permittee shall include the use of bioengineering techniques and natural materials in the project design to the maximum extent practicable and shall minimize the use of rock. Bioengineering bank stabilization techniques are those that increase the strength and structure of soils with a combination of biological and mechanical elements (e.g., vegetation, root wads and woody debris, rock structures). Riparian plantings shall be included in all project designs unless the permittee can demonstrate that such plantings are not practicable. 7. Fish Screening: To prevent injury or mortality to fish due to entrainment, the permittee shall ensure that all intake pipes include adequately sized screens. Note: Fish passage and screening criteria can be obtained from the National Marine Fisheries Service (NMFS) at http://www.westcoast.fisheries.noaa.gov/fish_passage/solutions/index.html. Information regarding Oregon's fish passage laws can be obtained from ODFW at http://www.dfw.state.or.us/fish/passage/Iinks.asp. 8. Work Area Isolation and Dewatering: Appropriate best management practices shall be implemented to prevent erosion and to prevent sediments from entering waters of the U.S. a. All in-water work shall be isolated from the active channel or conducted during low seasonal stream flows to the maximum extent practicable. b. Cofferdams shall be constructed of non-erosive material, such as concrete jersey barriers, sand and gravel bag dams, or water bladders. Constructing a cofferdam by pushing material from the streambed or sloughing material from the streambanks is not authorized. NWP-2018-386 Page 20 of 23 Enclosure 2 c. Sand and gravel bag dams shall be lined with a plastic liner or geotextile fabric to reduce permeability and prevent sediments and/or construction materials from entering waters of the U.S. d. Upstream and downstream flows shall be maintained by routing flows around the construction site. e. When dewatering is necessary for construction, a sediment basin, or other applicable method, shall be used to settle sediments prior to releasing the water back into the waterbody. Settled water shall be returned to the waterbody in such a manner as to avoid erosion. Sediment basins shall be placed in uplands. f. Fish and other aquatic species must be salvaged (i.e., safely captured and relocated away from the project or development site) prior to dewatering. Note: The ODFW requires a Scientific Take Permit be obtained to salvage fish and wildlife. Further information from ODFW is available at http://www.dfw.state.or.us/fish/Iicense_permits_apps/scientific_taking_permit.asp. 9. Dredging: For NWP-authorized activities that involve removal of sediment from waters of the U.S., the permittee shall ensure that any necessary sediment characterization regarding size, composition, and potential contaminants is conducted prior to dredging. Sediment characterization must be conducted per the Sediment Evaluation Framework for the Pacific Northwest (available at: http://www.nwp.usace.army.miI/Missions/Environment/DMM.aspx). Note 1: The return water from a contained disposal area is defined as a discharge of dredged material by 33 CFR Part 323.2(d) and requires separate authorization from the District Engineer (e.g., by NWP 16). Note 2: The Oregon Department of Environmental Quality (DEQ) requires removed material placed in an upland site to meet the definitions of clean fill as provided in OAR 340-093-0030 or the use must be specifically allowed by DEQ by rule, permit, or other authorization. 10. Mechanized Equipment: In addition to the requirements in NWP GC 11, permittee shall implement the following practices to prevent or minimize impacts to the aquatic environment from mechanized equipment: a. Use existing roads, paths, and construction pads where available. Temporary mats or pads, when required to provide access onto wetlands or tidal flats, shall be removed within 30 days of completing the authorized work. b. Operate equipment from the top of a streambank and conduct work outside of the active stream channel, unless specifically authorized by the District Engineer. c. Equipment shall not be staged, fueled, or maintained within waters of the U.S. NWP-2018-386 Page 21 of 23 Enclosure 2 d. Spill prevention and containment materials shall be maintained and be readily accessible at vehicle staging areas. The amount of spill response materials (such as straw matting/bales, geotextiles, booms, diapers, and other absorbent materials, shovels, brooms, and containment bags) maintained on-site must be appropriate for the size of the authorized activity. 11. Stormwater Management: Pre-construction notification to the District Engineer is required for all activities resulting in the creation of new impervious surfaces if any species or designated critical habitat listed under the Endangered Species Act (ESA) might be affected or are in the vicinity of the activity. The Corps may require a post- construction stormwater management plan (SWMP) and completion of a supplemental Stormwater Information Form to assist in the determination of the activity's affects to listed species or designated critical habitat and to be used in ESA consultation as necessary. Note 1: The Corps considers impervious surfaces to include roof tops, walkways, patios, driveways, parking or storage areas, concrete or asphalt paving, gravel roads, packed earthen material, and oiled surfaces. Note 2: Under the DEQ 401 Water Quality Certification Program, the DEQ evaluates post- construction stormwater pollution for any project resulting in new, an increase in, or redevelopment of impervious surfaces. DEQ may require the applicant to submit a post- construction SWMP for review and approval prior to the start of construction. DEQ provides information on preparing a SWMP at http://www.deq.state.or.us/wq/sec40l cert/docs/stormwaterGuidelines.pdf. DEQ requires applicants to first consider low impact development options. If these options can't be implemented, a narrative must be provided explaining why. 12. Erosion Control: During construction and until the site is stabilized, the permittee shall ensure all practicable measures are implemented and maintained to prevent erosion and runoff. Temporary stockpiles of excavated or dredged material shall be stabilized to prevent erosion. Once soils or slopes have been stabilized, permittee shall completely remove and properly dispose of or re-use all non-biodegradable components of installed control measures. Note: DEQ provides information on erosion and sediment control measures at http://www.deq.state.or.us/wq/wgpermit/docs/general/npdesl 200c/ErosionSedimentControl.pdf. Details on best management practices are found at http://www.deq.state.or.us/wq/wgpermit/docs/general/npdesl 200c/BMPManual.pdf. 13. Temporary Fills and Impacts: To ensure no more than minimal adverse environmental effects from temporary fills and impacts to waters of the U.S: a. Temporary fills and/or impacts to waters of the U.S. shall not exceed six months unless otherwise approved by the District Engineer. b. No more than one-half ('/2) acre of waters of the U.S. may be temporarily filled or impacted unless otherwise approved by the District Engineer (temporary fills and NWP-2018-386 Page 22 of 23 Enclosure 2 impacts do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils and/or sediments removed from waters of the U.S. for project construction shall be stockpiled and used for site restoration to the maximum extent practicable. d. Site restoration of temporarily filled or impacted areas shall include returning the area to pre-project ground surface contours. The permittee shall appropriately revegetate temporarily filled or impacted areas with native, noninvasive herbs, shrubs, and/or tree species sufficient in number, spacing, and diversity to replace affected aquatic functions. Note: The Corps will determine compensatory mitigation requirements for temporary fills and impacts on a case-by-case basis depending on the duration and nature of the temporary fill or impact and the type of aquatic resource affected. 14. Contractor Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit verification letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work, prior to the commencement of any work in waters of the U.S. 15. Inspection of the Project Site: The permittee shall allow representatives of the District Engineer to inspect the authorized activity to confirm compliance with nationwide permit terms and conditions. A request for access to the site will normally be made sufficiently in advance to allow a property owner or representative the option to be on site during the inspection. NWP-2018-386 Page 23 of 23 Enclosure 2 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 ESA adversely likely to or adversely ESA-Listed Species affect this Statu species or jeopardiz modify critical s its critical a 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 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 NWP-2018-386 Page 1 of 37 Enclosure 3 "Critical habitat has been proposed for LCR Coho salmon. Fishery Management Plan that Would the action Are EFH conservation Describes adversely affect recommendations 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 1Xwllia telle,Jr. Issued by: Regional Administrator Date Issued: March 14, 2014 NWP-2018-386 Page 2 of 37 Enclosure 3 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. NWP-2018-386 Page 3 of 37 Enclosure 3 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 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. NWP-2018-386 Page 4 of 37 Enclosure 3 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 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. e. 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. NWP-2018-386 Page 5 of 37 Enclosure 3 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 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. If conductivity is less than 100 ps, use 900 to 1100 volts. 2. If conductivity is between 100 and 300 ps, use 500 to 800 volts. 3. If conductivity greater than 300 ps, use less 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. " National Marine Fisheries Service.2000.Guidelines for electrofishing waters containing Salmonid listed under the Endangered Species Act. Portland,Oregon and Santa Rose,California http://swr.nmfs.noaa.gov/sr/Electrofishing Guidelines.pdf NWP-2018-386 Page 6 of 37 Enclosure 3 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. 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 2011 a)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 2011a).12 12 National Marine Fisheries Service 2011.Anadromous Salmonid passage facility design. Northwest Region. http://www.nwr.noaa.gov/publications/hydropower/ferc/fish-passage-design.pdf NWP-2018-386 Page 7 of 37 Enclosure 3 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. 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 floodplains. 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. NWP-2018-386 Page 8 of 37 Enclosure 3 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 products13 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. 13 For additional information and suppliers of biodegradable hydraulic fluids,motor oil,lubricant,or grease,see,Environmentally Acceptable Lubricants by the U.S.EPA(2011a);e.g.,mineral oil,polyglycol,vegetable oil,synthetic 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. NWP-2018-386 Page 9 of 37 Enclosure 3 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 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 15 a. Treated wood may not be used in a structure that will be in or over water or permanently or seasonally flooded wetlands, except to maintain or repair 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. 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. 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-2018-386 Page 10 of 37 Enclosure 3 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. 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. NWP-2018-386 Page 11 of 37 Enclosure 3 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 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, lignin sulfonate, 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 lignin sulfonate at rates exceeding 0.5 gallons per square yard of road surface, assuming a 50:50 solution of lignin sulfonate 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 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-2018-386 Page 12 of 37 Enclosure 3 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. 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 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 2011a). 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, bending", 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))'$. 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 6th-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. 17 Knotweed treatment pre-treatment;See Nickelson(2013). 18 See http://ahmct.ucdavis.edu/limtask/equipmentdetails.html NWP-2018-386 Page 13 of 37 Enclosure 3 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) ix. picloram (e.g., Tordon) X. sethoxydim (e.g., Poast, Vantage) A. 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 X1. Exciter xii. Fraction xiii. InterLock xiv. Kinetic XV. Level xvi. Liberate xvii. Magnify Kviii. 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. 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 NMFS of any product or service to the exclusion of others that may be suitable. NWP-2018-386 Page 14 of 37 Enclosure 3 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. M. 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: 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. NWP-2018-386 Page 15 of 37 Enclosure 3 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. Table 3. Herbicide buffer distances by herbicide formula, stream type, and application method. No Application 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 Spraying Spraying Selective Spraying Spraying Selective Labeled for Aquatic Use Aquatic Glyphosate 100 waterline waterline 50 None none Aquatic Imazap r 100 15 waterline 50 None none Aquatic Triclopyr- Not 15 waterline Not None none TEA Allowed Allowed Low Risk to Aquatic Organisms Imazapic 100 15 bankfull 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 Or anisms Imazapyr 100 50 bankfull 50 15 bankfull elevation elevation Sulfometuron- 100 50 5 50 15 bankfull methyl elevation Chlorsulfuron 100 50 bankfull elevation 50 15 bankfull elevation High Risk to Aquatic Organisms Picloram 100 50 50 100 50 50 Sethox dim 100 50 50 100 50 50 NWP-2018-386 Page 16 of 37 Enclosure 3 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 (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 2-year 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. 2°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.deg.state.or.us/wq/sec40lcert/process.htm#add(see"Post Construction Stormwater Management Plan"). NWP-2018-386 Page 17 of 37 Enclosure 3 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. Figure 1. Water Quality Design Storm Factor— Oregon Climate Regions (Oregon Department of Transportation 2008) s 2 4 $ 1 7 3 9 5 water ouvity Design Storm F.dor -50% 67% -75% NWP-2018-386 Page 18 of 37 Enclosure 3 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 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. NWP-2018-386 Page 19 of 37 Enclosure 3 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. 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. NWP-2018-386 Page 20 of 37 Enclosure 3 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 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. 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.army.mil/Missions/Regulatory/Mitigation.aspx NWP-2018-386 Page 21 of 37 Enclosure 3 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). NWP-2018-386 Page 22 of 37 Enclosure 3 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 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 Oregon contact Dale Bambrick (509-962- 8911 x221). 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) A. Floodplain flow spreaders xii. Floodplain roughness 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 NWP-2018-386 Page 23 of 37 Enclosure 3 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. 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 Dmax 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. A. After placement in areas accessible to higher stream flow, allow the stream to naturally sort and distribute the material. 23 http://www.fema.qov/pdf/about/regions/regionx/Engineering With Nature Web.0 24 http://wdfw.wa.gov/publications/00046/wdfw00046.pdf NWP-2018-386 Page 24 of 37 Enclosure 3 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 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. NWP-2018-386 Page 25 of 37 Enclosure 3 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 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. NWP-2018-386 Page 26 of 37 Enclosure 3 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 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) Vegetated riprap with large 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. NWP-2018-386 Page 27 of 37 Enclosure 3 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 forAq�uatic Organisms at Road-Stream (USDA-Forest Service 2008)2 4. Or other design references approved by NMFS. ii. Routine road surface, culvert and bridge maintenance activity will be completed in accordance with the ODOT Routine 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 log jams and debris accumulation that traps sediment and creates forced, riffle- pool, step-pool, or cascade-pool morphologies. 25 http://wdfw.wa.gov/publications/01501/ 26 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=12512 27 http://stream.fs.fed.us/fishxing/aop_pdfs.html NWP-2018-386 Page 28 of 37 Enclosure 3 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 D90, whichever is deeper. 1. LVAP, 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). 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 (2011a) 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%. A. 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-term 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 NWP-2018-386 Page 29 of 37 Enclosure 3 L 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 L 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 X11, 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 forAgouatic Organisms at Road-Stream (USDA-Forest Service 2008)3 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.31 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 bankfull 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. 28 http://wdfw.wa.gov/publications/01501/ 29 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=12512 M http://stream.fs.fed.us/fishxing/aop_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-2018-386 Page 30 of 37 Enclosure 3 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. b. The vertical delineation of the scour prism is defined by the Lower Vertical Adjustment Potential (LVAP) with an additional offset of 2 times D90, 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 D90, 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. 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 (2011a) criteria. 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-2018-386 Page 31 of 37 Enclosure 3 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 2011a). 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. 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 http://www.deg.state.or.us/wq/sec40lcert/process.htm#add(see"Post Construction Stormwater Management Plan"). NWP-2018-386 Page 32 of 37 Enclosure 3 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.nwr(�noaa.gov. If it is a Corps project, the Corps shall complete and submit this form within 60 days of completing the project. Major hazard response reporting. 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(aD-noaa.gov. If it is a Corps project, the Corps shall complete and submit this form within 30 days of completing the project. Fish Salvage Reporting. 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(aD-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-2018-386 Page 33 of 37 Enclosure 3 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.nwr(aD_noaa.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 ❑ Yes (include details ❑ No Completed below) 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 project 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-2018-386 Page 34 of 37 Enclosure 3 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(d�noaa.gov 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-2018-386 Page 35 of 37 Enclosure 3 Fish Salvage Data Water Temperature: Air Temperature: Time of Day: Number Handled Number Injured Number Killed ESA-Listed Species Juvenil Adult Juvenil Adult Juvenil Adult e e e 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-2018-386 Page 36 of 37 Enclosure 3 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 slopes.nwr(a)-noaa.gov. Describe location of mitigation or restoration work. Summarize the results of mitigation or restoration work completed. NWP-2018-386 Page 37 of 37 Enclosure 3 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: August 16, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: City of Tigard, Attn: Andrew Newbury, 8777 SW Burnham Street, Tigard, Oregon 97223 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CENWP-OD-G, SW 124th and SW Ann Ct Culvert Replacement, NWP-2018-386 D. PROJECT LOCATION(S)AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AT DIFFERENT SITES) State: Oregon County: Washington City: Tigard Center coordinates of site (lat/long in degree decimal format): Latitude: 45.431543° North, Longitude: 122.803578° West Universal Transverse Mercator: (see Lat/Long above) Name of nearest waterbody: Summer Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑x Office (Desk) Determination. Date: August 16, 2018 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimate amount of Type of aquatic Geographic authority Number (decimal (decimal aquatic resource in resource (i.e., to which the aquatic degrees) degrees) review area (acreage wetland vs. non- resource "may be" and linear feet, if wetland) subject (i.e., Section applicable) 404 or Section 10/404) Channell 45.431543 -122.803992 0.04 ac non-wetland Section 404 (PUB2) waters Wetland A 45.431837 -122.803353 0.14 ac wetland Section 404 (PFO) Wetland B 45.43433 -122.80385 0.11 ac wetland Section 404 (PFO) NWP-2018-386 Page 1 of 3 Enclosure 4 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstruction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: NWP-2018-386 Page 2 of 3 Enclosure 4 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: 0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: in JPA and wetland delineation submitted by applicant 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: 0 U.S. Geological Survey Hydrologic Atlas: from eGIS ❑x USGS NHD data ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM map(s): ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) © Photographs ❑x Aerial (Name & Date): in JPA or ❑x Other (Name & Date): in JPA ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by BOND.CARRIE. DNNcD--USRolULS.Goverrnm4ent, L.1116167340 con-OND.CARRIE.L.11161167340 Date:2019.01.03 14:09:46-08'00' Signature and date of Regulatory Signature and date of person requesting staff member completing PJD PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. NWP-2018-386 Page 3 of 3 Enclosure 4 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Mr. Andrew Newbury File Number:NWP-2018-386 Date: 1-3-19 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT(Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found in Corps regulations at 33 CFR Part 331,or at h ://www.usace.arm .mil/Missions/CivilWorks/Re lato Pro ramandPermits/FederaIRe ulation.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 II 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 terms 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. 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. NWP-2018-386 Page 1 of 2 Enclosure 5 SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 1h i — a 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, you may rovide additional information to clarify 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.William D.Abadie Melinda M.Witgenstein,Regulatory Appeals Review Officer U.S.Army Corps of Engineers U.S.Army Corps of Engineers,Northwestern Division Portland District Office P.O.Box 2870 PO Box 2946 Portland,OR 97208-2870 Telephone: (503)808-3888 Portland,OR 97208-2946 Telephone:(503)808-4373 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-2018-386 Page 2 of 2 Enclosure 5 1 � 1 USArmy Corps Compliance Certification of Engineers Portland District 1. Permit Number: NWP-2018-386 2. Permittee Name: City of Tigard, Attn: Mr. Andrew Newbury 3. County Location:Washington Upon completing the activity authorized by the permit, please complete the sections below, sign and date this certification, and return it to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch. The certification can be submitted by email at cenwp.notify@usace.army.miI or by regular mail at the following address: U.S. Army Corps of Engineers CENWP-OD-GL P.O. Box 2946 Portland, OR 97208-2946 4. Corps-required Compensatory Mitigation (see permit special conditions): a. Mitigation Bank / In-lieu Fee Credit Transaction Documents: a Not Applicable ❑Submitted ❑ Enclosed b. Permittee-responsible mitigation (e.g., construction and plantings) has been constructed (not including future monitoring). As-built report: ❑ Not Applicable ❑ Submitted ❑ Enclosed 5. Endangered Species Act — Standard Local Operating Procedures (SLOPES) (see permit special conditions): a. SLOPES Action Completion Report: FINot Applicable ❑ Submitted ❑ Enclosed b. SLOPES Fish Salvage Report: 7 Not Applicable ❑ Submitted ❑ Enclosed c. SLOPES Site Restoration / Compensatory Mitigation Report: a Not Applicable ❑ Submitted ❑ Enclosed I hereby certify the work authorized by the above-referenced permit has been completed in accordance with all of the permit terms and conditions. Signature of Permittee Date NWP-2018-386 Enclosure 6 ATTACHMENT®-DEQ 401 WATER QUALITY CERTIFICATION CITY OF TIGARD 124T1'AVE.&ANN COURT CULVERT REPLACEMENT O F ¢ `} Department of Envaranmental Quality Ln regon Northwest Region Portland Office/Water Quality 7001\I Mulhlom ih Street,Suite 600 1659-" Kate Brown,Governor Portland,OR 97232-4100 (503)229-5263 FAX(503)229-6957 M 711 March 15, 2019 Andrew Newbury City of Tigard 8777 SW Burnham St Tigard, OR 97223 RE: Nationwide 401 Water Quality Certification Approval for 2018-00386, SW 124`h and SW Ann Court Culvert Replacement Project The US Army Corps of Engineers (USACE) has determined that your project will be authorized under Nationwide Permit (NWP) category#3. As described in the application package received and reviewed by the Oregon Department of Environmental Quality (DEQ), the project qualifies for the Nationwide Section 401 Water Quality Certification (WQC), subject to the conditions outlined below. If you cannot meet all conditions of this 401 WQC, you may apply for a standard individual certification. A standard individual certification will require.additional information and higher fees will apply. Certification Decision: Based on information provided by USACE and the Applicant, DEQ is reasonably assured that implementation-eligible activities under the proposed NWP 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 federal permit and strictly adhered to by the Applicant. In addition to all USACE national and regional permit conditions, the following 401 WQC conditions apply to all NWP categories that qualify for the Nationwide 401 WQC. 401 GENERAL CERTIFICATION 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 WQC. 2) Work Authorized: Work authorized by this 401 WQC is limited to the work described in the Application or Pre-Construction Notification submitted to the USACE and additional application materials (hereafter"the permit 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) A copy of this 401 WQC must be kept on the job site and readily available for reference by Applicant and its contractors, as well as by DEQ, USACE, National Marine Fisheries Service 1 Project Name:SW 124'hand mw/mmCourt Culvert Replacement Project Project Number:2018-00386 Page 2oxm (NMFS), Oregon Department of Fish and Wildlife (ODFW), and other appropriate state and local government officials. 4> In accordance with OAR 340-048-0050, DEQ may modify or revoke this 401 WQC if project activities are having an adverse impact on state water quality or beneficial uses, or if the Applicant ieotherwise inviolation ofthe conditions ofthis certification. 5> The Applicant and its contractors nouo( a||ovv DEC} access tothe project site, staging arnna, and mitigation sites to monitor compliance with these 401 WQC conditions, including: m. Access to any records, logs, and reports that must be kept under the conditions of this 401 \8KQC; b. To inspect best management practices (BMPs), monitoring or operational equipment or methods; and c To collect earnp|eu ormonitor any discharge of pollutants. 0) Failure of any person or entity to comply with this Order may result in the issuance of civil penalties orother actions, whether administrative or judicial, to enforce its terms. 7) Land Use Compatibility Statement: |naccordance with OAR 348-O48-O02D(2) (i). each Applicant must submit findings prepared by the local land use jurisdiction that demonstrates the activity's compliance with the local comprehensive plan. Such findings can besubmitted using the appropriate section of the USACE & DSL Joint Permit Application, signed by the appropriate local official and indicating: a. "This project i000noistentvviththecODlpnehenoivep|mnaDd |anduoenagu|atione;" or, b. "This project wiUbenonsiatentxviththeconnpnshenoivepiunend |anduaeregu|otiono when the following local approvals are obtained," accompanied by the obtained local approvals. c. Rane|y, such as for federal projects on hsdana| land, "this project is not regulated by the comprehensive plan" will be acceptable. In lieu of submitting the appropriate section of the USACE & DSL Joint Permit Application, the Applicant may use DEQ's Land Use Compatibility Statement form found at: FOR PROJECTS THAT PROPOSE CONSTRUCTION, THE FOLLOWING GENERAL CONDITIONS APPLY 8\ Erosion and Sediment Control: During construction, erosion and sediment control measures must be implemented to prevent or control movement of sediment, soil or pollutants 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 NP[JES 1200-C construction stormnvwmterpermit from DEQ. In addition. the Applicant (or responsible party) must: a. Where practicable, 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. 2 Project Name:SW 124t'and SWAnn Court Culvert Replacement Project Project Number:2018-00386 Page 3 of 10 b. Demarcate wetlands not specifically authorized to be impacted to protect from disturbance and/or erosion. c. Place dredged or other excavated material on upland areas with stable slopes to prevent materials from eroding back into waterways or wetlands. Place BMPs as necessary to stabilize and prevent erosion. 9) Spill Prevention: The Applicant must fuel, operate, maintain and store vehicles, and must store construction materials, in areas that will not impact water quality either directly or due to potential discharges. 10) Spill & Incident Reporting: a. In the event that petroleum products, chemicals, or any other deleterious materials are discharged into state waters, the discharge must be promptly reported to the Oregon Emergency Response Service (OERS, 1-800-452-0311). Containment and cleanup must begin immediately and be completed as soon as practicable. b. If the project operations result in distressed or dying fish, the operator must immediately: cease operations; take appropriate corrective measures to prevent further environmental damage; and immediately notify DEQ and ODFW. 11) Vegetation Protection and Site 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; iii. Fencing and other barriers demarking construction areas; and iv. Use of alternative equipment (e.g., spider hoe or crane). b. If authorized work results in any vegetative disturbance and the disturbance has not been accounted for in planned mitigation actions, the Applicant must successfully reestablish vegetation to a degree of function equivalent or better than before the disturbance. 12) The Applicant shall avoid and protect from harm, all wetlands and riparian areas located within 50 feet of USACE jurisdictional waters, unless proposed, necessary, and approved as part of the project. If a local jurisdiction has a more stringent buffer requirement, that requirement will override this certification requirement. FOR PROJECTS THAT PROPOSE IN-STREAM WORK IN JURISDICTIONAL WATERS 13) Fish protection/Oregon Department of Fish and Wildlife timing: The Applicant must perform in-water work only within the Oregon Department of Fish and Wildlife preferred time window as specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources, or as authorized otherwise under a USACE permit and/or Department of State Lands removal/fill permit. Exceptions to the timing window must be recommended by Oregon Department of Fish and Wildlife, the National Marine Fisheries Services and/or the US Fish and Wildlife as appropriate. 14) Aquatic life movements: Any activity that may disrupt the movement of aquatic life living in the water body, including those species that normally migrate through the area, is prohibited. The 3 Project Name:SW 1241and oWmmCourt Culvert Replacement Project Project Number:2018-00386 Page 4mm Applicant must provide unobstructed fish passage at all times during any authorized activity, unless otherwise approved inthe approved application. 15) Turbidity: The Applicant must implement appropriate Best Management Practices (BMPs) to minimize turbidity during in-water work. Any activity that causes turbidity to exceed 10% above natural stream turbidity ia prohibited except aospecifically provided below: a. Monitoring: Turbidity monitoring must beconducted and recorded aedescribed below. Monitoring must occur at two hour intervals each day during daylight hours when in-water work is being conducted. A properly calibrated turbidimeter is required unless another monitoring method 1s proposed and authorized by DEQ. i. Representative Background Point: The Applicant must take and record oturbidity nneaeunsnoant every two hours during in-water work atonundisturbed area. A background location shall Ueestablished aterepresentative location approximately 100 feet upourrentofthe inwater activity unless otherwise authorized by DEQ. The background turbidity, location, date, tidal stage (if applicable) and time must be recorded immediately prior to monitoring dovVOcVrr*ntatthe compliance point described below. ii. Compliance Point: The must monitor every two hours. Acompliance location shall beestablished atorepresentative location approximately 1OUfeet downcurrent from the disturbance at approximately mid-depth of the waterbody and within any v(a|b|a plume. The turbidity, |ooation, date, tidal stage (if applicable) and time must barecorded for each measurement. b. Compliance: The Applicant must compare turbidity monitoring results from the compliance points tothe representative background levels tahenduringeaohhmo — hourmoniioringinierva|. Pursuant toOAR 34O-O41-DO3O. short term exceed8noaoof the turbidity water quality standard are o||ovved as follows: MONITORING WITH A TURBIDIMETER EVERY 2 HOURS TURBIDITY LEVEL Restrictions to Duration of Activity Work may continue maximum of 4 ours. If 5 to 29 NTU above background turbidity remains 5-29 NTU above background, stop work and modify BMPs. Work may resume when NTU is 0-5 above background. Work may continue maximum of 2 hours. If 30 to 49 NTU above background turbidity remains 30-49 NTU above background, stop work and modify BMPs. Work may resume when NTU is 0-5 above background. 50 NTU or more above background Stop work immediately and inform DEQ c' Reporting: The Applicant must record all turbidity monitoring required by subsections (e) and (b) above indaily logs. The daily logs must include calibration documentation; background NTUs; compliance point NTUs; comparison of the points in NTUs; location; dote; time; and tidal stage (if applicable) for each reading. Project Name:SW 124"'and SWAnn Court Culvert Replacement Project Project Number:2018-00386 Page 5 of 10 Additionally, a narrative must be prepared discussing all exceedances with subsequent monitoring, actions taken, and the effectiveness of the actions. Applicant must make available copies of daily logs for turbidity monitoring to DEQ, USACE, NMFS, USFWS, and ODFW upon request. d. BMPs to Minimize In-stream Turbidity: The Applicant must implement the following BMPs, unless otherwise accepted by DEQ: i. Sequence/Phasing of Work—The Applicant must schedule work activities so as to minimize in-water disturbance and duration of in-water disturbances; ii. Bucket control -All in-stream digging passes by excavation machinery and placement of fill in-stream using a bucket must be completed so as to minimize turbidity. All practicable techniques such as employing an experienced equipment operator, not dumping partial or full buckets of material back into the wetted stream, adjusting the volume, speed, or both of the load, or using a closed-lipped environmental bucket must be implemented; iii. The Applicant must limit the number and location of stream-crossing events. Establish temporary crossing sites as necessary in the least sensitive areas and amend these crossing sites with clean gravel or other temporary methods as appropriate; iv. Machinery may not be driven into the flowing channel, unless authorized by DEQ; and v. Excavated material must be placed so that it is isolated from the water edge or wetlands, and not placed where it could re-enter waters of the state uncontrolled. FOR PROJECTS THAT INCLUDE NEW IMPERVIOUS SURFACES OR REDEVELOPMENT OF EXISTING SURFACES THE FOLLOWING CONDITIONS APPLY 16) Post-Construction Stormwater Management: For projects which propose new impervious surfaces or the redevelopment of existing surfaces, the Applicant must submit a post- construction stormwater management plan to DEQ for review and approval prior to construction, in order to ensure compliance with water quality standards. The Applicant must implement BMPs as proposed in the stormwater management plan, including operation and maintenance. If proposed stormwater facilities change due to site conditions, the Applicant must notify DEQ. In lieu of a complete stormwater management plan, the Applicant may submit documentation of acceptance of the stormwater into a DEQ permitted National Pollutant Discharge Elimination System (NPDES) Phase I Municipal Separate Storm Sewer System (MS4). 17) Stormwater Management& System Maintenance: The Applicant is required to implement effective operation and maintenance practices for the lifetime of the proposed facility. i 5 Project Name:Sw/xwmand Sw/AnnCourt Culvert Replacement Project Project Number:2018-00386 Page om10 CATEGORY-SPECIFIC CONDITIONS |naddition tmall national and regional conditions mfthe QSACE permit and the 4OYWater Quality Certification general conditions above, the following conditions apply tothe noted specific categories ofauthorized activities. NVVP 7—Outfall Structures and Associated Intake Structures: 7.1\ The following actions are denied certification: o. Discharge outfalls that are not subject toanNPDE8permit; and b. Outfalls that discharge ohonnwmte[vithout pollutant removal demonstrated to meet water- quality standards prior to discharge to waters of the state. 7.3\ If an Applicant cannot obtain an NPDES permit or submit on approvable stnrrnvvoter management plan per []E(J'oGuidelines found at: the Applicant must submit complete project information and water quality impacts analysis directly to [}EQ in order to undergo individual 401 VVC>Ceva|ueUon and fulfill public participation requirements. NVVP 12 — Utility Lines: 12.1> For proposals that include directionally-bored stream orvveUmnd crossings: o. All drilling equipment, drill recovery and recycling pits, and any waste or spoil produced, must be completely isolated, recovered, then recycled or disposed of to prevent entry into waters ofthe state. b. In the event that drilling fluids enter a water of the state, the equipment operator must stop work, immediately initiate containment measures and report the ep||| to the Oregon Emergency Response System ((]EF{S) atOOD'452'U311. u. An adequate supply ofmaterials needed to control erosion and to contain drilling fluids must bemaintained atthe project conatructinno|temnddep|oyedaenoceaaary. d, The Applicant must have acontingency plan inplace prior toconstruction for the inadvertent return ofdrilling lubricant. 12.2) For proposals that include utility lines through wetlands, include anti-seep collars or equivalent technology to prevent draining the wetlands. NWP13 — Bank Stabilization: 13.1) Projects that do not include bioengineering are denied cert|ficmUon, unless u registered professional engineer provides a written statement that non-bioengineered solutions are the only means of protection, 6 Project Name:SW 124'and SW Ann Court Culvert Replacement Project Project Number:2018-00386 Page 7 of 10 13.2) To apply for certification for a project without bioengineering, the Applicant must submit complete project information and water quality impacts analysis directly to DEQ in order to undergo individual 401 WQC evaluation and fulfill public participation requirements. NWP 14— Linear Transportation: 14.1) For projects that include bank stabilization, bioengineering must be a component of the project, unless a registered professional engineer provides a written statement that non- bioengineered solutions are the only means to protect an existing structure. 14.2) To apply for certification for a project without bioengineering, the Applicant must submit complete project information and water quality impacts analysis directly to DEQ in order to undergo individual 401 WQC evaluation and fulfill public participation requirements. NWP 16 - Return Water from Contained Upland Disposal Areas: Water-quality criteria and guidance values for toxics, per OAR 340-041-0033, are available in Tables 30, 31, and 40 at: http:// .ore on.gov/dealRulemaking°/®20Docs/tables303140.pdf. 16.1) Discharge of return water from contaminated dredged material that exceeds a chronic or acute toxicity water quality standard is prohibited. 16.2) Water removed with contaminated dredged material that could or does exceed chronic water- quality criteria must be contained and disposed of at an appropriately sized and sealed upland facility by evaporation or infiltration. 16.3) If a Modified Elutriate Test (MET) is performed for the known contaminants of concern (CoCs) and CoC concentrations are below DEQ chronic water-quality criteria, return water discharge is not limited. a. The MET must be performed before dredging. b. DEQ must approve the list of CoCs and analytical method prior to the Applicant performing the MET. c. DEQ must review the results and provide approval of discharge from return water, in writing, prior to dredging. NWP 20— Response Operations for Oil and Hazardous Waste: 20.1) Coordination with DEQ's Emergency Response program is required. See: http:// w.oregon.gov/deg/Hazards-and-Cleanup/env-cleanup/Pages/Emergency- Re§p e.aspx. NWP 22— Removal of Vessels: 22.1) Coordination with DEQ's Emergency Response program is required. See: w.oregon.gov/deq/Hazards-and-Cleanup/env-cleanup/Pages/Emergency- Response.aspx. NWP 31 — Maintenance of Existing Flood Control Facilities: 7 Project Name:m*o4thand m*Ann Court Culvert Replacement Project Project Number:oo/8-00386 Page om|n 31.1) Projects in streams with temperature TMDLs which result in a net reduction of riparian shade are prohibited. NWP 3@—Cleanup mfHazardous and Toxic Waste: 38.1\ For removal of contaminated material from waters, dredging method is limited todiver assisted hydraulic suction, hydraulic suction, closed-lipped environmental bucket, or excavation inthe dry, unless otherwise authorized by DE(]. e. For in-water isolation measures, the Applicant is referred to Appendix D of DEQ's Oregon Erosion and Sediment Control Manual, April 2005 (or most current version), at: 38.2) Discharge to waters of the state resulting from dewatering during dredging or release of return water from an upland facility is prohibited except os provided below. ` a. All water removed with sediment must be contained and disposed of at an appropriately sized and sealed upland facility byevaporation orinfiltration; or, b. A Modified Elutriate Test (MET) may be performed for the known Contaminants of Concern (CoCo) and if CoC concentrations are below DEQ chronic water-quality criteria; return water discharge is not limited. i. The MET must beperformed before dredging. ii. DEQ must approve the list of CoCs and analytical method prior to the Applicant performing the MET. iii. DEC) must review the results and provide approval ofdischarge from dewatering and return water in writing prior to dredging. 38.3\ Dredged material must be disposed of in compliance with DEQ Rules governing Hazardous Waste /aee: govIde /Hazards ) orSolid Waste /see: '. 38.4\ The new in-water surface must bemanaged hoprevent exposure ormobilization of contaminants. NVVP41 - Rmshapin0 Existing Drainage Ditches: 41.1\ To the extent pnso1icab|e, the Applicant must work from only one bank in order to minimize disturbance to existing vegetation, preferably the bank with the least existing vegetation; 41.2) Following authorized work, the Applicant must establish in-stream and riparian vegetation on reshaped channels and side-channels using native plant species wherever practicable. Plantings must be targeted to address water-quality improvement (e.g., provide shade to water to reduce temperature orprovide bank stability through root systems to limit sediment inputs). Planting options may include clustering or vegetating only one side of a channel, preferably the side which provides noaxirnuno shade. Project Name:SW 1201 and SWAnn Court Culvert Replacement Project Project Number:2018-00386 Page 9 of 10 NWP 42 —Recreational Facilities: 42.1) For facilities that include turf maintenance actions, the Applicant must develop and implement an Integrated Pest Management Plan (IPM) that describes pest prevention, monitoring and control techniques with a focus on prevention of chemical and nutrient inputs to waters of the state, including maintenance of adequate buffers for pesticide application near salmonid streams, or coverage under an NPDES permit, if required (information is available at: http:CC w.Dragon.govCdeg/wgCwc��ermitsCPagesCPesticide.aspx). NWP 43—Stormwater Management Facilities: 43.1) Projects that propose the following elements are denied certification: a. In-stream or wetland stormwater facilities; b. Discharge outfalls not subject to an NPDES permit; and, c. Proposals that do not demonstrate pollutant removal to meet water-quality standards prior to discharge to waters of the state. 43.2) To apply for certification for a project with in-stream stormwater facilities, without an NPDES permit, or without submittal of an approvable stormwater management plan per DEQ's Guidelines (at: http:fC w,Dragon.govCdegCFilterpocsC401wgcertPostCon.pdf), the Applicant must submit complete project information and water quality impacts analysis directly to DEQ in order to undergo individual 401 WQC evaluation and fulfill public participation requirements. NWP 44— Mining Activities: 44.1) Projects that do not obtain an NPDES 700-PM or Individual permit are denied certification. 44.2) To apply for certification for a project without an NPDES permit, the Applicant must submit complete project information and water quality impacts analysis directly to DEQ in order to undergo individual 401 WQC evaluation and fulfill public participation requirements. NWP 51 — Land-Based Renewable Energy Generation Facilities: 51.1) For associated utility lines with directionally-bored stream or wetland crossings proposed, condition 12.1 must be applied. NWP 54— Living Shorelines 54.1) Projects that do not include bioengineering are denied certification, unless a registered professional engineer provides a written statement that non-bioengineered solutions are the only means of protection. If the Applicant is dissatisfied with the conditions contained in this certification, a hearing may be requested. Such request must be made in writing to DEQ's Office of Compliance and Enforcement at 700 NE Multnomah St, Suite 600, Portland Oregon 97232, within 20 days of the mailing of this certification. The DEQ hereby certifies that this project complies with the Clean Water Act and state rules, with the above conditions. If you have any questions, please contact Anne Kim at 503-229-5623, by email at Kim.Anne deg.state.or.us, or at the address on this letterhead. 9 Project Name:SW 1241h and SW Ann Court Culvert Replacement Project Project Number:2018-00386 Page 10 of 10 Sincerely, Steve Mrazik, Water Quality Manager Northwest Region ec: Andrew Newburyandrewn(a)tigg rd-or. �ov) Carlee Michelson (cm(@,Dacifichabitat.com) Carrie Bond 10 ATTACHMENT P-ODFW FISH PASSAGE AUTHORIZATION CITY OF TIGARD 124'x`AVE.&.ANN COURT CULVERT REPLACEMENT F Department of Fish and Wildlife : 70�rego n Fish Division 4034 Fairview Industrial Drive SE Kate Brown,Governor Salem, OR 97302 (503)947-6201 FAX (503)947-6202 www.dfw.state.or.us/ March 4, 2019 Mr. Andrew Newbury, P.E. OREGON City of Tigard X 8777 SW Burnham St. 1—IN4 Tigard, OR 97223 RE: ODFW Fish Passage Authorization PA-02-0241 City of Tigard Culvert Replacement Project* SW 1241h Ave*Ann Court--- Mr. Newbury– The Oregon Department of Fish and Wildlife's (ODFW)has reviewed the project submittals for the City of Tigard's culvert replacement project at SW 124th Avenue at Ann Court where it crosses an unnamed tributary to Summer Creek within the City of Tigard. The proposed project will replace an existing 30-inch diameter 77-foot long aluminum round culvert with a new 10'3" X 6'9"by 80-foot long aluminum culvert at this location, a tributary to the Tualatin River in Washington County. The project is owned and managed by the City of Tigard and will be implemented during the 2019 in-water work window. This action has triggered the state's fish passage rules and regulations. ODFW has reviewed the project design plans submitted by Pacific Habitat Services on behalf of the City of Tigard, and we have determined the design plans are consistent with the state's fish passage design criteria, as defined in OAR 635-412-0035(1) and(3)(a) and therefore approve the project as required by Oregon fish passage law (ORS 509.585). This ODFW fish passage authorization(PA-02-0241) is contingent on specific operational provisions which include: 1. All in-water work, defined as work at or below the ordinary high water mark elevation of the project area, shall be complete during the appropriate ODFW in-water work period, or as otherwise defined by ODFW. 2. The ODFW North-Willamette Watershed District Fish Biologist shall be contacted 2-weeks in advance and prior to the implementation of the project. 3. Fish salvage and rescue shall be performed prior to commencement of any in-water work, including work area isolation and temporary water management. 4. Temporary water management and work area isolation measures shall be implemented during the project if the stream has flowing water. Downstream passage of native migratory fish shall be provided during construction through a gravity feed water management system. 5. Pursuant to OAR 635-412-0035 (10e),prior to in-stream construction activities, all fish must be safely collected,removed from the construction site or dewatered reach, and placed in the flowing stream by an authorized person in possession of a separate valid pen-nit issued by ODFW. An Oregon Scientific Take Permit (OR-STP) from ODFW is required to conduct fish salvage in Oregon and other additional authorization may be needed from NMFS or USFWS if work is in ESA waters. OR-STP's can take up to 4-6 weeks for processing and can be applied for at: https://apps.nmfs.noaa.gov/index.cfin or if you have questions about OR-STP permitting,please contact fish.researchgstate.or.us 6. As per ORS 509.601,the City of Tigard shall be responsible for all maintenance required such that the project provides adequate passage for native migratory fish. Adequate fish passage is defined as volitional fish passage of native migratory fish species between the fish passage design flows (5%to the 95% exceedence flows) for the project. 7. Failure to maintain fish passage at this location and for the duration of this approval shall constitute a violation of this approval and applicable fish passage laws (ORS 509.585 and 509.610). 8. Large oversized fish rocks shall be mechanically placed in the newly constructed stream channel leading into, through and exiting the new culvert. These rocks shall be buried —2/3 the diameter of the rock with — 1/3 of the rock above the finished channel bed (substrate) elevations. 9. Monitoring and reporting on the effectiveness of upstream passage of fish is required at the project. This shall entail monitoring, by a qualified fisheries biologist, to determine whether or not the constructed stream channel within the new structure functions as it was designed to function. Fish passage monitoring shall report on channel bed stability and the effectiveness of native migratory fish passage. Monitoring shall coincide with the time of the year when native migratory fish are migrating through the project area. Monitoring and reporting shall be based on visual observations, established photo points, flow velocity characteristics, or other means; particularly with regards to fish passage conditions and fish passage performance through the project. 10. Monitoring reports shall be completed and submitted by the City of Tigard, or your designee, to the ODFW Statewide Fish Passage Program Coordinator and the North-Willamette Watershed District Fish Biologist every other year (years 1,3,5) and for a period of 5-years after the completion of the projects. 11. If monitoring, by the City of Tigard, your designee, or Department indicates that volitional fish passage is questionable or not provided, the City of Tigard in consultation with the Department,shall determine the cause and,during a work period approved by the Department, shall modify the project to rectify fish passage problems as necessary. Failure to monitor fish passage for the duration of the ODFW fish passage approval shall constitute a violation of this approval and applicable fish passage laws (ORS 509.585 and 509.610). 12. The ODFW shall be allowed to inspect the project at reasonable times for the duration of this approval. Unless prompted by emergency or other exigent circumstances, inspection shall be limited to regular and usual business hours, including weekends. 13. It is the responsibility of the City of Tigard to comply with all necessary and required local, county, state, and federal approvals and permits. 14. This approval in no way purports or authorizes take of a federally listed species. Please retain this fish passage authorization on for your records, as this documents ODFW's approval of fish passage for the SW 124th Avenue at Ann Court Culvert Replacement Project. This approval is solely for the purpose of fulfilling Oregon fish passage statutory requirements and responsibilities administered by the Oregon Fish and Wildlife Commission or the Department and does not satisfy any other Department, federal, state, or local laws, rules, or regulations, including but not limited to State or Federal Endangered Species Acts, any applicable water rights, approvals or other certificates administered by regulatory authorities. Please continue to coordinate with the Tom Murtagh,the ODFW North-Willamette Watershed District Fish Biologist as the project advances towards implementation. You may similarly contact me at 503-947-6228 or by email at greg,d_apke cz,state.or.us if you have any questions regarding the content or the provisions of this fish passage approval. Sincerely, n Greg Apke ODFW - Statewide Fish Passage Program Leader Cc: Tom Murtagh, ODFW North-Willamette Watershed District Fish Biologist Monica Blanchard, ODFW North-Willamette Watershed Assistant District Fish Biologist Alan Ritchey, ODFW Screens and Passage Program Manager Kregg Smith, ODFW Fish Passage Assistant Program Coordinator John van Staveren, Pacific Habitat Services Carlee Michelson, Pacific Habitat Services Project files (#PA-02-0241) ATTACHMENT Q-CLEAN WATER SERVICES SERVICE PROVIDER LETTER CITY OF TIGARD 124:m AVE.&ANN COURT CULVERT REPLACEMENT deanWaterServices Our commitment is clear. CWS File Number Service Provider Letter F__19-000716 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: Tier 2 Analysis Site Address SW 124th Ave&SW Ann Ct SPL Issue Date: March 27,2019 /Location: Tigard,OR 97223 SPL Expiration Date: March 26,2021 Applicant Information: Owner Information: Name RAWLEY VOORHIES Name Company CENTURY WEST ENGINEERING Company CITY OF TIGARD 5331 SW MACADAM AVE SUITE 287 Address Address 8777 SW BURNHAM ST PORTLAND OR 97239 TIGARD OR 97223 Phone/Fax (503)740-8444 Phone/Fax (503)718-2474 E-mail: rvoorhies@cnnturywest.com E-mail: Tax lot ID Development Activity 2S103BB06300,6400 SW 124th Avenue&SW Ann Court Culvert Replacement Pre-Development Site Conditions: Post Development Site Conditions: Sensitive Area Present: FRI On-Site FRI Off-Site Sensitive Area Present: o On-Site X Off-Site Vegetated Corridor Width: Variable Vegetated Corridor Width: Variable Vegetated Corridor Condition: Marginal/Degraded Enhancement of Remaining Vegetated Corridor Required: � Square Footage to be enhanced: 4,709 Encroachments into Pre-Development Vegetated Corridor: Type and location of Encroachment: Square Footage: Culvert, LIDA Swale(Permanent Encroachment; Mitigation Required) 2,183 Mitigation Requirements: Type/Location Sq.Ft./Ratio/Cost On-site VC Replacement 289/1:1 On-site VC Enhancement as Mitigation 5,189/2.74/1 aConditions Attached � Development Figures Attached(3) ❑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 7 CWS File Number 19-000716 ALTERNATIVES ANALYSIS 1. The proposed encroachment area is mitigated in accordance with Section 3.08. Mitigation for permanent impacts to the VC will be achieved through on-site VC replacement and enhancement mitigation, in accordance with Section 3.08 of CWS Design and Construction Standards. 2. The enhancement mitigation protects the functions and values of the Vegetated Corridor and Sensitive Area. The VC to be impacted is in "marginal" and "degraded"corridor condition. The applicant will utilize the CWS'enhancement mitigation standard, as outlined in Section 3.08 of CWS Design and Construction Standards. All proposed enhancements on site will protect the functioning of adjoining VC and sensitive areas. 3. Enhancement of the replacement area, if not already in Good Corridor Condition,and either the remaining Vegetated Corridor on the site or the first 50 feet of width closest to the resource,whichever is less,to a Good Corridor Condition. Due to the elements required to replace the existing culvert, a portion of the VC will be impacted. The mitigation areas will be enhanced to"good"corridor condition in accordance with Section 3.08. The proposed required enhancement area was identified based upon the location and limits of the VC and the square footage of the project footprint. 4. A District Stormwater Connection Permit is likely to be issued based on proposed plans. The applicant reasonably expects to obtain, or will not require, a District Stormwater Connection Permit based on proposed plans for the project. 5. Location of development and site planning minimizes incursion into the Vegetated Corridor. VC encroachments are limited to those necessary for construction. As part of the design plan, utilizing existing impervious surfaces during the construction and replacement process will be a priority to the maximum extent practicable. 6. No practicable alternative to the location of the development exists that will not disturb the Sensitive Area or Vegetated Corridor. There is no practicable alternative to the location for several reasons. The location of the tributary and roadway are fixed. There is no reasonable way to accommodate the location of the existing roadway and culvert unless the tributary was re- routed, which is not a viable option considering the amount of required VC disturbance, the density of adjacent lots, and impacts to natural ecosystems in the area. In addition, the proposed orientation of the replacement culvert is the same as the current culvert,which follows the natural path of Channel 1 and also accommodates adjacent residential lots with regard to bank erosion and property degradation. 7. The proposed encroachment provides public benefits. Given that the plan is to replace a failing culvert,which improves roadway stability and complies with NMFS requirements, with the addition of enhancing the VC from"marginal"to"good" corridor condition, the public and sensitive area will benefit from project implementation. Increasing the native vegetation within the existing VC is a direct benefit to water quality, native plant communities, and an improvement to existing conditions on site. An extra 1,401 square feet of VC will be enhanced over the standard 2:1 VC enhancement as mitigation ratio,which also serves as a public benefit. 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. Page 2of7 CWS File Number 19-000716 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. Prior to 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 disturbing activities an 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. The applicant shall enhance an area of the Vegetated Corridor equal to the project footprint(4,709 SF)as well as 289 SF of VC replacement mitigation and 5,189 SF of VC enhancement as mitigation,to meet or exceed good corridor condition as defined in R&O 17-5, Section 3.14.2, Table 3-3. 13. Removal of invasive non-native species by hand is required in all Vegetated Corridors rated ""good."" Replanting is required in any cleared areas larger than 25 square feet using low impact methods. The applicant shall calculate all cleared areas larger than 25 square feet prior to the preparation of the required Vegetated Corridor enhancement/restoration plan. 14. Prior to any site clearing, grading or construction, the applicant shall provide Clean Water Services with a Vegetated Corridor enhancement/restoration plan. Enhancement/restoration of the Vegetated Corridor shall be provided in accordance with R&O 17-5, Appendix A, and shall include planting specifications for all Vegetated Corridor, including any cleared areas larger than 25 square feet in Vegetated Corridor rated ""good."" 15. Prior to installation of plant materials, all invasive vegetation within the Vegetated Corridor shall be removed per methods described in Clean Water Services' Integrated Vegetation and Animal Management Guidance, 2003. During removal of invasive vegetation care shall be taken to minimize impacts to existing native tree and shrub species. 16. Clean Water Services shall be notified 72 hours prior to the start and completion of enhancement/restoration activities. Enhancement/restoration activities shall comply with the guidelines provided in Planting Requirements (R&0 17-5, Appendix A). 17. Maintenance and monitoring requirements shall comply with R&O 17-5, Section 2.12.2. If at any time during the warranty period the landscaping falls below the 80%survival level,the owner shall reinstall all deficient planting at the next appropriate planting opportunity and the two year maintenance period shall begin again from the date of replanting. 18. Performance assurances for the Vegetated Corridor shall comply with R&O 17-5,Section 2.07.2,Table 2-1 and Section 2.11,Table 2-2. Page 3 of 7 CWS File Number 1 19-000716 19. Clean Water Services shall 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. 20. Final construction plans shall include landscape plans. In the details section of the plans, a description of the methods for removal and control of exotic species, location, distribution, condition and size of plantings, existing plants and trees to be preserved, and installation methods for plant materials is required. Plantings shall be tagged for dormant season identification and shall remain on plant material after planting for monitoring purposes. 21. A Maintenance Plan shall be included on final plans including methods, responsible party contact information, and dates(minimum two times per year, by June 1 and September 30). 22. 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. 23. Protection of the Vegetated Corridors and associated sensitive areas shall be provided by the installation of permanent fencing and signage between the development and the outer limits of the Vegetated Corridors. Fencing and signage details to be included on final construction plans. This Service Provider Letter is not valid unless CWS-approved site plan is attached. Please call (503)681-3667 with any questions. Stacy Benjamin Environmental Plan Review Attachments(3) Page 4 of 7 LIT All EU E 0 EU E 0 0- lot ti An _0 qp, DAN'M 10 LL E 0 was WIS z f-7, O 10 -57 Qom, q4' a-z(1) i is, w oil 0 m too O0 nf Lo 16 -2 15 0 2 cu m C5 Lli CL ZE af tf 0 see a°c ca U OD LLJ U a: O O ........................