Doolittle Construction ~ CP20008 City of Tigard
CONTRACT CHANGE ORDER 13125 SW Hall Blvd.
AMENDMENT SUMMARY Tigard,Oregon 97223
Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www.tigard-or.gov
Project Title: Pavement Management Program Project Manager: Nichole George
Summer 2020—Preventative Maintenance Slurry Seal
Contractor: Doolittle Original Contract#: CP20008
Effective Dates: 1 Chane Order/Amendment Amount: 990.00
Accounting String: I Amendment Percentage Running Total: 5.4%
AMENDMENT DETAILS
Change order 2 is for extra striping in bike paths.
CHANGE ORDER DETAILS I UNIT QTY UNIT$ TOTAL$
Original Contract 719,353.05
Chane Order 1 $38,128.80
Chane Order 2 $990
New contract amount $758,471.85
REASONING FOR CHANGE ORDER/AMENDMENT
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Signature
ateF Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACT R
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 9/1/2020
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember —the cumulative total of
Amendments cannot exceed theproject's FY budget. Date
I
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
PAVEMENT MANAGEMENT PROGRAM SUMMER 2020
PREVENTATIVE MAINTENANCE SLURRY SEAL
CP20008
AMENDMENT #2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Doolittle Construction, hereinafter referred to as Contractor, entered into on the 16`x' day of April
2020,is hereby amended as follows:
4. Compensation
A. City agrees to pay Contractor Seveti Putidred Piftt Seveit"Piousatid Veer ig -
Sevctl llt.in(Jrc..d Fifty._1:::,ight:".Ibot san.d Four 1Tt.tnd.rcd tinte'ilt ().nc arld.
85%10() I7olla.ts (5 S8,I'1..851 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 DOOLI E CO ST UCTION
Signature Sig re
it
Martha Wine15,
��
Printed Name Printed Name
9/1/2020 g
Date Date
City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
pi
Tigard,Oregon 97223
AMENDMENT SUMMARY Phone- (503)639-4171
r FIELD CHANGE ORDER FORM Fax (503) 684-7297
z«i tit;t3>ard c>Y c>
Project Title:Pavement Management Program Project Manager:Nichole George
Summer 2020—Preventative Maintenance Slurry Seal
Contractor:Doolittle Original Contract#:
Effective Dates: Change Order/Amendment Amount: $38,128.80
Ace tin Stria .412-8000-56005 Amendment Percentage Running Total: 5.3%
AMENDMENT DETAILS
The contractors sub needed the additional quantities to finish the allocated streets for 2020 Slurry Project.
CHANGE ORDER DETAILS UNIT QTY UNIT$ 'TOTAL$
Crack Seal LF 63,548 0.60 38,128.80
REASONING FOR CHANGE ORDER/AMENDMENT
Crack seal quantities are increasingly difficult to estimate. There were a couple roadways that were in worse
shape than originally thought. Standard practice includes the consultant (Wallis) to go out and X out the areas
that do not need slurry to ensure limited amounts of extra crack seal needed. Even with those mitigations,we
have additional extra crack seal quantities.
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPRO G CITY STAFF
Si afore t afore
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules,regulations,and laws that may be in effect for the Signature
Work. The unit pricing in the original contract shall apply to all Z�
additional work. A copy of this form, once completed,is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances:are met. Remember—the cumulative total of
Amendments cannot exceed the project's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
PAVEMENT MANAGEMENT PROGRAM SUMMER 2020
PREVENTATIVE MAINTENANCE SLURRY SEAL
CP20008
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Doolittle Construction, hereinafter referred to as Contractor, entered into on the 16`t' day of April,
2020,is hereby amended as follows:
4. Compensation
A. City agrees to pay Contractor Seven 14ttndred Nineteen Thousand Three Hundred Fifty Three and
05,1100 Dollars ($719,353;05�Seven Hundred Fifty-Seven Thousand Four Hundred Eighty-One and
85/100 Dollars ($757,481.85) 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 DOOLITTLE CONSTRUCTION
Contractor Signed on Summary Page
Signature Signature
Martha Wine
Printed Name Printed Name
8/4/2020 07/24/2020
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPANYEVERY CONTRACT
Contract Title: PMP Summer 2020 Preventative Maintenance Number: CP20008
Contractor: Doolittle Construction Contract Total: $719,353.05
Contract Overview: Crack seal and Slurry seal the roadways picked between Durham Road and
McDonald.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Nichole George Ext: 2584 Department: PW
Type: ❑ Personal Svc ❑ Professional Svc ® Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: 05/04/2020_End Date: 08/31/2020
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
DOOLITTLE CONSTRUCTION $719,353.05
BLACKL.INE $747,474.74
INTERMOUNTAIN SLURRY SEAL $753,753.00
VSS INTERNATIONAL $834,089.21
Account String: Fund-Division-Account Work Order—Activity Tyke Amount
FY 2019-20 412-8000-56005 95001-140 $200,000
FY 2020-21 412-8000-56005 95001-140 519,353.05
FY
FY
FY
Mprovals - LCRB Date: See Department Comment_
Department Comments: Contract approved by Ci , Manager per emergency resolution passed by City
Council on March 17, 2020
Department Signature:
Purchasing Comments: OK
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
CP20008
TIGARD
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Phone: (503) 639-4171
Fax: (503) 684-7297
CONTRACT DOCUMENTS
for the construction of
2020 Pavement Management Program
Preventative Maintenance
APPROVED BY: LORI FAHA,P.E.,CITY ENGINEER
Bid Due & Bids Open: Thursday,April 2,2020 -2:00 pm
ADVERTISEMENT FOR BIDS
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
The City of Tigard will receive sealed Bids from qualified firms at Tigard City Hall's Utility Billing Counter
(Attention:Jamie Greenberg,Purchasing Specialist) located at 13125 SW Hall Blvd.,Tigard, Oregon 97223 until
2:00 pm local time, Thursday, April 2nd, 2020 for the 2020 Pavement Management Program — Preventative
Maintenance 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. Temporary traffic control and temporary erosion control.
2. Installation of crack seal on City streets.
3. Application of slurry seal on residential streets.
4. Removal and application of pavement striping and markings on residential streets.
5. Performance of additional and incidental work as called for by the specifications and plans.
Basis of Bid Award shall incorporate all items identified on the Bid Schedules.
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,Thursday,April 2,2020.
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to
minimum salaries and wages shall be incorporated by reference as if fully set forth in any Contract resulting from
this Advertisement for Bid. Contractor shall provide proof to the City prior to the beginning of any of the work
that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon Prevailing Wage Rate (PWR) law.
No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile and electronic
(email) Bids will not be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the
Bid Closing will be returned to the submitting firm unopened after a Contract has been awarded for the required
services.
Bid Documents may be obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall
Blvd., Tigard, Oregon 97223; or downloaded from the City of Tigard website at www.tigard-or.gov/bids. The
City may reject any Bid not in compliance with all prescribed public bidding procedures and requirements, and
may reject for good cause any or all Bids upon a finding of the City if it is in the public interest to do so.
All questions about the meaning or intent of the Bid Documents shall be submitted Contracts and Purchasing
office at contractsandpurchasin ti ard-or.gov 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
Date: March 11,2020
11Page
TABLE OF CONTENTS
ADVERTISEMENTFOR BIDS....................................................................................................................................................1
TABLEOF CONTENTS...............................................................................................................................................................2
ATTACHMENT A—BIDDER'S CHECKLIST............................................................................................................................3
ATTACHMENTB—BID............................................................................................................................................................4
ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA................................................................................................ 11
ATTACHMENT D—BID CERTIFICATION........................................................................................................................... 12
ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM........................................................................ 13
ATTACHMENTF—BID BOND............................................................................................................................................. 14
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT................................................................................................. 15
ATTACHMENT H—PERFORMANCE BOND........................................................................................................................22
ATTACHMENT I—PAYMENT BOND...................................................................................................................................24
ATTACHMENT J—OREGON PREVAILING WAGE RATES................................................................................................26
ATTACHMENT K—GENERAL CONDITIONS.....................................................................................................................27
ATTACHMENT L—SPECIAL PROVISIONS.........................................................................................................................150
DRAWINGS 2020 PAVEMENT MANAGEMENT PROGRAM—PREVENTATIVE MAINTENANCE
SHEETS 1 THROUGH 6 DATED:FEBRUARY 2020
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ATTACHMENT A—BIDDER'S CHECKLIST
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
FORMS TO EXECUTE FOR SUBMISSION OF BID
The Bidder's attention is especially called to the following forms which must be executed in full before Bid is
submitted:
ATTACHMENT B -BID
ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA
ATTACHMENT D—BID CERTIFICATION
ATTACHMENT E — FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: within 2 hours of Bid
Closing.
ATTACHMENT F—BID BOND
FORMS TO EXECUTE AFTER AWARD OF BID
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT—PWR COVERED CONTRACT
ATTACHMENT H—PUBLIC IMPROVEMENT CONTRACT—PERFORMANCE BOND
ATTACHMENT I—PUBLIC IMPROVEMENT CONTRACT—PAYMENT BOND
Certificate of Insurance including Additional Insured Provision in accordance with the Public Improvement
Contract.
3 1 P a g e
ATTACHMENT B—BID
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
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: 2020 Pavement Management Program--Preventative Maintenance
Bid Due Date: �e4r--1
Name oESubn-itting Firm:
The Undersigned (check one of the folloWilrg and pmt de additional infonnalion):
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_!i✓�. r me f avt
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:
� � r
�Cyei,r idere h�ct,� ..�� Tfi*ee /'�H/And 100 Dollars
and the Undersigned agrees to be bound by all documents comprising the Contract Docwnents as defined in the
Contract. The Undersigned declares that it has carefully examined the site(s) of die work, the Contract
Documents,and forms. Submission of this Bid shall be conclusive evidence that rhe 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.
41Pa - Q
BID SCHEDULE
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
Item Spec. Item Description Unit Quantity Unit Cost Total Cost
No. Sec.
1. 00210 Mobilization LS 1 Oct, - ��poo
2. 00225 Project Notification Signing LS 1 s pc >000 —
3. 00706 Type II Slurry Seal SY 268,865 y2z l l S_o
4. 00746 Crack Seating LF 320,375 p, &0
5. 00855 Mona-Directional ,Wte Type IAR Markers EA 89 ty
6. 00855 Bi-Directional Yellow Type IAR Markers EA 56 5r
7. 00865 Thermoplastic,Extruded,Surface,Non-Profiled LF 12,565 I — 12 5-&5-
S.
iCS8. 00867 Pavement Legend,Type B-HS:Arrows EA 4 foo— '100 —
9. 00867 Pavement Legend,Type B-HS: "SCHOOL" EA 2 -
10. 00867 Pavement Legend,Type B-HS: "X-ING" EA 2 p c, p� —
11. 00867 Pavement Legend,Type B-HS:Bicycle Lane Stencil EA 7 2 - 1 q 2> —
12. 00867 Pavement Legend,Type B-HS: "Bump" EA 36 -
13. 00867 Pavement Legend,Type B-HS: "Speed Cushion-Type
A 8
14. 00867 PPavement Legend,Type B-HS: "Speed Cushion-Type EA 1�}11 &Do
( 0ec,
15. 00867 Pavement Bar,Type B-HS SF 2,757
Subtotal
f BID TOTAL$ 11,
BID TOTAL 1N WORDS
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard, within ten (10)
days after receiving the Contract forms,a satisfactory Performance Bond and a satisfactory Payment Bond each
in an amount equal to one hundred percent (100%) of the Contract sum, using the forms provided by the City.
The surety(ies) requested to issue the Perfonnance Bond and Payment Bond will he
� /ev-, The Undersigned hereby authorizes said surety(ies)
company(ies) to disclose any irrfor-rnation to the City concerning the Undersigned's ability to supply a
Perfonnance 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,
Perfonnance Bond,and Payment Bond, the Bid Security shall be returned.
51Page
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without
collusion with and without any agreement,understanding, or planned common course of action with any other
vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit
independent Bidding or competition; and (2) The contents of the Bid have not been communicated by the
Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety
on any bond furnished with the Bid and will not be communicated to such person prior to the official opening
of the Bid.
The Undersigned ❑ HAS XI-AS NOT (check applicable stator)paid unemployment or income taxes in Oregon
within the past 12 months and❑ HAS SHAS NOT (check applicable status)a business address in Oregon.
The Undersigned X HAS ❑ HAS NOT (check applicable slants) complied with any Af&rmative Action
Requirements included within the procurement documents.
The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 279C.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Undersigned's CCB registration number is 23 p Y with an expiration date of
As a condition to submitting a Bid, a Contractor must be registered with the Oregon
Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration
number. Failure to register and disclose the number will make the Bid unresponsive and it will be rejected unless
contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the City prior
to the beginning of any of the work that the Undersigned has filed a public works bond with a corporate surety
in the amount of$30,000 with the Construction Contractors Board as required under Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors who will perforce construction work as described
in ORS 701.005(2)were registered with the Construction Contractors Board in accordance witl ORS 701.035 to
701.055 at the time the subcontractor(s) made a Bid to work under the Contract.
The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of
Oregon, its Worker's Compensation Insurance provider is dell t. 4 4y'-T „ Policy No.
12 Z., -6'17 -o Z ,and that Undersigned shall submit Certificates c f Insurance as required,
Name of Company:
Company Address: UO
G//eycle� I-V 14 1�3-00-51-
Federal Tax ID:
Telephone: S 1/5-5— // ;-o
Email: s ✓un (&-_;' e�,)dn 1., /e LLL. c e7w
I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the
Finn meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I understand
6111aae
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: t/� ,�ir �✓ICSiG
Date: !XZ
Payment information will be reported to the IRS under the name and federal taxpayer ID number provided
above. Information not matching IRS records or not provided to the City could subject the successful
Contractor to a twenty eight percent(289/6) backup withholding.
71Pabe
BID ITEM NO 2. PROJECT NOTIFICATION SIGNING
Comply with Section 00225 of the Standard Specifications as modified in the Special Provisions.
Measurement shall be on a lump sum (LS) basis per Section 00225.80 of the Standard Specifications.
Payment shall be per Section 00225.90 of the Standard Specifications, including all labor, equipment, materials
and all other miscellaneous incidentals and work necessary to locate,relocate,update,maintain and furnish(when
required) all project notification signs including no parking signage. The City may deduct payment under this bid
item when all signage and notification requirements of the Contract are not met. Reduction amounts will be at
the full discretion of the Engineer.
BID ITEM NO 3. TYPE II SLURRY SEAL
Comply with Section 00706 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a square yard (SY) basis per Section 00706.80.
Payment for this item shall be on a square yard basis per Section 00706.90 and represents full payment for all
labor, equipment, and materials necessary to construct a Type II slurry as required by the plans. No separate or
additional payment will be made to provide temporary traffic control as specified in the plans and Special
Provisions, clean existing surfaces, remove existing pavement markings, place temporary pavement markings,
protect adjacent surfaces and protect the work from public damage.
BID ITEM NO 4. CRACK SEALING
Comply with Section 00746 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a linear foot (LF) basis per Section 00746.80.
Payment for this item shall be on a linear foot basis per Section 0076.90 and represents full payment for all labor,
equipment,and materials necessary to complete the work as specified including surface cleaning, traffic control,
protection of all facilities or appurtenances in the roadway,protection of the sealant from vehicles and pedestrians
and cleanup of any misapplied sealant or remaining materials.
BID ITEM NO 5. MONO-DIRECTIONAL WHITE TYPE 1AR MARKERS
BID ITEM NO 6. BI-DIRECTIONAL YELLOW TYPE 1AR MARKERS
Comply with Section 00855 of the Standard Specifications as modified in the Special Provisions.
Measurement shall be on a per each (EA) basis per Section 00855.80.
Payment shall be on a per each basis per Section 00855.90 including all labor,equipment,materials,and all other
miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning,
traffic control,adhesives and clean up.
BID ITEM NO 7. THERMOPLASTIC, EXTRUDED, SURFACE,NON-PROFILED
9 1 P a g e
Comply with Section 00865 of the Standard Specifications as modified in the Special Provisions.
Measurement shall be on a linear foot (LF) basis per Section 00865.80.
Payment shall be on a linear foot basis per Section 00865.90 including all labor, equipment,materials,and all
other miscellaneous incidentals and work necessary to complete the work as specified including all surface
cleaning, striping layout,traffic control and protection of the work.
BID ITEM NO 8. PAVEMENT LEGEND,TYPE B-HS:ARROWS
BID ITEM NO 9. PAVEMENT LEGEND,TYPE B-HS: "SCHOOL"
BID ITEM NO 10. PAVEMENT LEGEND,TYPE B-HS: "X-ING"
BID ITEM NO 11. PAVEMENT LEGEND,TYPE B-HS: BICYCLE LANE STENCIL
BID ITEM NO 12. PAVEMENT LEGEND,TYPE B-HS: "BUMP"
BID ITEM NO 13. PAVEMENT LEGEND,TYPE B-HS: "SPEED CUSHION—TYPE A"
BID ITEM NO 14. PAVEMENT LEGEND,TYPE B-HS: "SPEED CUSHION—TYPE B"
Comply with Section 00867of the Standard Specifications as modified in the Special Provisions.
Measurement shall be on a per each (EA) basis per Section 00867.80.
Payment shall be on a per each basis per Section 00867.90 including all labor,equipment,materials,and all other
miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning,
striping layout,traffic control and protection of the work.
BID ITEM NO 15. PAVEMENTBAR,TYPE B-HS:
Comply with Section 00867of the Standard Specifications as modified in the Special Provisions.
Measurement shall be on an area (SF) basis per Section 00867.80.
Payment shall be on an area basis per Section 00867.90 including all labor, equipment, materials, and all other
miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning,
striping layout,traffic control and protection of the work.
101Page
ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
If Horn received, rutile `None Recei»ed"
1, 3.
2. 4.
q 2
Date
Signature of Proposer
4e5; - —
Title
�fJa 0 (e (�r�5�✓v�r i w+, L L L
Corporate Name
11Pag, e
ATTACHMENT D--BID CERTIFICATION
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
Nan-discrimination Clause
The Bidder agrees not to discriminate against any client, employee or applicant for employment or for services,
because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the
following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or
termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further
understood that any contractor who is in violation of this clause shall be barred from receiving awards of any
purchase order or Bidder from the City, unless a satisfactory showing is made that discriminatory practices have
terminated and that
taaarrecurrence of such acts is unlikely.
Agreed by: �'/ ''�.-- L;6tel-
Firm Name: -mnlittlt, Colisi-ructim GGL
Address: 1900118th Ave. S.E.
-Ulelur ,
Officer's signature:
Type or print officer's name: f�C� +ti- /� / �✓ 3 ice~
121Page
ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
Project#:95001-SS CLOSING: Date: Aril 2 2020 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).
NAMEn DOLLAR VALUE CATEGORY OF WORK
1) 5'Ae���l� � P ✓lt�tevif$ 670, Ocie �Gtw �7�1Y�%�Y 5 Cty
2) $
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. �L
Form submitted by(Bidder name):_�oc%77 /C �57�?�tr��''L
Contact name: Z4
131Pa , e
AT TACHMEN'r F—BLD BoND
CITY of TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
We, Doolittle Construction, LLC ,as"Principal,"
(Name of Principal)
andTravelers Casualty and Surety Company of AmeriSaan CT 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 10% of the total amount bid-------------- and:-- /100 Dollars
($ ------------------ }.
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 2019 Pavement Management Program —
Preventative Maintenance,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(109/6) of the total amount of the Bid pursuant to the sohcitadon
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 2nd day of April 2020
Travelers Casualty and Surety Company
PRINC
C�IPAL. Doolittle Construction, LLC SURETY: of America
By. /5G�-- � BY ATTORNEY-IN-FACT
r Signature
ZAIOWL rr Jim S. Kuich
rinted me Tide Printed Name (7
Attest: C A
gnature
PO Box 3018
Address
Bothell,WA 98041-3018
City State Zie
141Pa ,, c
Travelers Casualty and Surety Company of America
AM 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 Julie M.Glover,S.M.Scott,Michael A.Murphy,Jim W.Doyle,Andy D.Prill,Jim S.Kuich,Chad M.Epple,Steve Wagner,Theresa
A.Lamb,Carl M.Lovested III,Patti White,Teresa Glombecki,and Maxwell Martin,of Bothell,Washington,their true and lawful Attomey-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 ofpersons,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 WHEREE�O��F,the Companies have caused this instrument to be signed,and theircorporate seals to be hereto affixed,this 3rd day of February,2017.
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State of Connecticut
BY:
City of Hartford ss. Robert L.Raney,Se for 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,1 hereunto set my hand and official seal 9fflLV)0
My Commission expires the 30th day of June,2021
1Marie 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
futl 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 Attomeys-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 aid Companies, tch remains in full force and effect.
p I; i
Dated this v—`` day of
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y Kevin E. Hughes. Assi'stant Secretary
To verify the authenticity of this Power of Attorney,please call as at 1-800-421-3880.
Please refer to the above named Attorney-in-Fact and the details of the Gond to which the power is attachecr
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT
PWR COVERED PROJECT
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
THIS CONTRACT, made and entered into this 16"' day of April, 2020, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Doolittle
Construction,LLC hereinafter called"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS, the City requires services which Contractor is capable of providing, under terms and
conditions hereinafter described;and
WHEREAS, time is of the essence in this contract and all work under this contract shall be completed
within the time period stated in the Contract Documents;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby
agree as follows:
TERMS OF AGREEMENT
1. Services
Contractors services under tlus Agreement shall consist of the following:
A. Temporary traffic control and temporary erosion control
B. Installation of crack seal on City streets
C. Application of slurry seal on residential streets
D. Removal and application of pavement striping and markings on residential streets
E. Performance of additional and incidental work as called for by the specifications and plans.
2. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents
prepared by the City and performance pertaining to this Agreement, in the City of Tigard, Oregon,
and by this reference made a part hereof to the same legal force and effect as if set forth herein in
full.
3. EFFECTIVE DATE AND DURATION
This Agreement is effective upon notice to proceed issued by the City and shall be substantially
completed by August 31,2020
4. Compensation
A. City agrees to pay Contractor Seven Hundred Nineteen Thousand Three Hundred Fifty-Three
and 05/100 Dollars ($719,353.05) for performance of those services provided herein.
B. City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this Contract during the current fiscal year. Funding in future fiscal years shall be contingent
upon budgetary approval by the Tigard City Council.
5. Early Termination
A. This Agreement may be terminated without cause prior to the expiration of the agreed upon
term by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of any
third party judicial proceeding relating to the work other than a suit or action filed in regard
to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable time
to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor against
City under this Agreement.
C. Temunation under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such temunation.
6. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal,state,local,or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified,changed,or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
Subcontractors,agents,and employees to provide the services required by this Agreement
is for any reason denied,revoked,or not renewed,or
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed
by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is
an assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph(A) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default(including breach of Contract) to Contractor,may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified
herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this Agreement in accordance with its terms,
and after receipt of written notice from City,fails to correct such failures within ten(10)days
or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults(including breach
of Contract) by Contractor shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph(B),Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered
by Contractor bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any,sustained
by City due to breach of Contract by Contractor. Damages for breach of Contract shall be those
allowed by Oregon lav, reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
7. Force Maieure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,
volcano,earthquake, fire, flood,epidemic,quarantine,restriction, area-wide strike, freight embargo,
unusually severe weather or delay of Subcontractor or suppliers due to such cause;provided that the
party so disenabled shall within ten(10)days from the beginning of such delay,notify the other party
in writing of the causes of delay and its probable extent. Such notification shall not be the basis for
a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue
performance of its obligation under Contract.
8. 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.
9. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the
losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs
including attorney's fees and court costs on appeal.
10. 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.
11. Indemnification
Contractor agrees to indemnify and defend the City,its officers,agents and employees and hold them
harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs
or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or
not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way
arise from, during or in connection with the performance of the work described in this Contract,
except liability arising out of the sole negligence of the City and its employees. If any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever,such illegality or invalidity
shall not affect the validity of the remainder of this indemnification.
12. Insurance
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this Contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder, including the operations of its Subcontractors of any tier. Such
insurance shall include provisions that such insurance is primary insurance with respect to the
interests of City and that any other insurance maintained by City is excess and not contributory
insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense,
and keep in effect during the term of this Contract,Comprehensive General Liability Insurance
covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or
equivalent). This coverage shall include Contractual Liability insurance for the indemnity
provided under this Contract. The following insurance will be carried:
Coverage Limit
General Aggregate 43,000,000
Products-Completed Operations Aggregate 42,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence 42,000,000
Fire Damage (Any one fire) 450,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at Contractor's expense,
and keep in effect during the term of the Contract,"Symbol 1"Commercial Automobile Liability
coverage including coverage for all owned,hired,and non-owned vehicles.The Combined Single
Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject employers under
the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires
them to provide workers' compensation coverage that satisfies Oregon lav for all their subject
workers. Out-of-state employers must provide Oregon workers' compensation coverage for
their workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee need not
to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits
of not less than$1,000,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All Liability
Insurance policies will be endorsed to show this additional coverage.
E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The insurance carrier shall have a minimum
of an AM Best Rating"A"with a financial strength of VII or better. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Certificates of Insurance: A copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company, or at the discretion of City, in lieu
thereof, a certificate in form satisfactory to City certifying to the issuance of all such insurance
provisions of this Contract shall be forwarded to:
City of Tigard
Attn: Office of Contracts and Purchasing
13125 SW Hall Blvd
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work and no
Contract shall be effected until the required certificates have been received and approved by the
City. Ten days cancellation notice shall be provided City by certified mail to the name at the
address listed above in event of cancellation or non-renewal of the insurance.A renewal certificate
will be sent to the above address 10 days prior to coverage expiration. The procuring of such
required insurance shall not be construed to limit Contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any
damage,injury,or loss connected with this Contract.
G. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability,and pollution policies required by this Contract.
13. Method and Place of Giving Notice,Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery or by
mail. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD DOOLITTLE CONSTRUCTION,LLC
Attn: Nichole George Attn: Aaron Kindt
Address: 13125 SW Hall Blvd Address: 1900118"Ave SE
Tigard,OR 97223 Bellevue WA 98005
Phone: 503-718-2584 Phone: (425) 455-1150
Email: nicholeg@dgard-or.gov Email: aaron@doofit6eUc.com
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances,notices,bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices,bills and
payments are to be given by giving written notice pursuant to this paragraph.
14. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
15. Representations and Warranties
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement,when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer
than six calendar years (or since the firm's inception if less than that) preceding the effective date
of this Agreement, faithfully has complied with:
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316,
317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
to Contractor's property,operations,receipts,or income,or to Contractor's performance of
or compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
or to goods, services, or property, whether tangible or intangible, provided by Contractor;
and
4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any
of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement,shall be provided to the City free and clear of any and all restrictions on or conditions
of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
mortgages,security interests,liabilities,charges,and encumbrances of any kind.
16. Compliance with Tax Laws
A. Contractor must,throughout the duration of this Agreement and any extensions,comply with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section, "tax laws" includes all the provisions described in subsection
14.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Any violation shall entitle the City to terminate this Agreement,to pursue and recover any and all
damages that arise from the breach and the termination of this Agreement,and to pursue any or
all of the remedies available under this Agreement,at law,or in equity,including but not limited
to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. The City shall be entitled to recover any and all damages suffered as the
result of Contractor's breach of this Agreement, including but not limited to direct, indirect,
incidental and consequential damages, costs of cure:, and costs incurred in securing a
replacement Contractor.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may
pursue any remedy or remedies singly,collectively,successively, or to any order whatsoever.
17. Complete Agreement
This Agreement constitutes the entire Agreement between the parties. No waiver, consent,
modification,or change of terms of this Agreement shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification, or change if made, shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that he has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board:Via Emergency Declaration March 17,2020.
CITY OF TIGAR DOOLITTLE CONSTRUCTION,LLC
Signature Signature
Martha Wine, City Manager
l r �r /psi
Printed Name &Title Printed Name &Title
4/27/2020 q/ ?o
Date Date
ATTACHMENT H—PERFORMANCE BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
Bond Number: 107238798
Project Name: 2020 Pavement Management Program-Preventative Maintenance
Travelers Casualty and Surety Company of America (Surety#1) Bond Amount No. 1: $ 719,353.05
(Surety#2)* Bond Amount No.2:* $
*I fusing multiple sureties Total Penal Sum of Bond:$ 719,353.05
We, Doolittle Construction,LLC as Principal, and the above identified
Surety(ies),authorized to transact surety business in Oregon,as Surety,hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns firmly by these presents
to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of(total Penal Sum of
Bond)Seven Hundred Nineteen Thousand Three Hundred Fifty Three and 051100 Dollars($719,353.05) (Provided,
that we the Sureties bind ourselves in such sum"jointly and severally"as well as"severally"only for the
purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety
binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety),and
WHEREAS,the Principal has entered into a Contract with the City of Tigard,the plans,specifications,
terms,and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard
specifications, special provisions,schedule of performance,and schedule of Contract Prices, are made a
part of this Performance Bond by reference,whether or not attached to the Contract(all hereafter called
"Contract');and
WHEREAS,the Principal has agreed to perform the Contract in accordance with the terms,conditions,
requirements,plans,and specifications,and all authorized modifications of the Contract which increase
the amount of the work,the amount of the Contract, or constitute an authorized extension of the time
for performance,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal
herein shall faithfully and truly observe and comply with the terms of the Contract and performs the
Contract within the time prescribed by the Contract, then this obligation is null and void; otherwise it
shall remain in full force and effect If the Contractor is declared by City to be in default under the
Contract,the surety shall promptly remedy the default,perform all of Contractor's obligations under the
Contract in accordance with its terms and conditions and pay to City all damages that are due under the
Contract This obligation jointly and severally binds the Contractor and surety and their respected heirs,
executors, administrators, and successors. Nonpayment of the bond premium shall not invalidate this
bond nor shall the City of Tigard be obligated for the payment of any premiums.
Said surety for value received,hereby stipulates and agrees that no change,extension of time,alteration,
or addition to the terms of the Contract,or the Work to be performed thereunder,or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the
Work or to the specifications.
This Performance Bond shall also guarantee the subject project against defects in materials or
workmanship for a period of one (1)year from the date of written Substantial Completion acceptance of
the subject project by the City of Tigard.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 21st day of April , 2020
PRINCIPAL: Doolittle Construction, LLC
By:
Signature
rinted ame &Title
Attest:
SURETY Travelers Casual and Surety Company of America
(Add signalw-es,jor each surYty i'using umulliple bonds)
BY ATTORNEY-IN-FACT:
(Power-of Attorney mist accorspany eaeb surety bond)
Jim S. Kuich
Sigim<c ,
PO Box 3018 _
Address
Bothell,WA 98041-3018
City State "Liss
(425)489-4500 (425)368-4799
Phone Fax
ATTACHMENT I—PAYMENT BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
Bond Number: 107238798
Project Name: 2020 -Preventative Maintenance
Travelers Casualty and Surety Company of America (Surety#1) Bond Amount No. l: $ 719,353.05
(Surety#2)* Bond Amount No. 2:* $
*ff'using multiple slrreties Total Penal Sum of Bond:$ 719,353.05
We Doolittle Construction, LLC as Principal, and the above identified
Surety(ies), authorized to transactsurety 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)Seven Hundred Nineteen Thousand Three Hundred Fifty Three and 05/100 Dollars($719,353.05) (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 beuig waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall
faithfully and truly observe and comply with the terms, conditions,and provisions of the Contract,in all
respects,and shall well and truly and fully do and perform all matters and things to be performed under
said Contract and any duly authorized modifications that are made,upon the terms set forth therein,and
within the time prescribed therein, or as extended therein as provided in the Contract,with or without
notice to the Sureties, and shall indemnify and save harmless the City of Tigard its officers, agents, and
employees against any claim for direct or indirect damages of every kind and description that shall be
suffered or claimed to be suffered in connection with or arising out of the performance of the Contract
by the Contractor or its subcontractors,and shall promptly pay all persons supplying labor, materials, or
both to the Principal or its subcontractors for prosecution of the work provided in the Contract;and shall
promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment
Compensation Fund from the Principal or its subcontractors in connection with the performance of the
Contract;and shall pay over to the Oregon Department of Revenue all sums required to be deducted and
retailed from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167,
and shall permit no lien nor claim to be filed or prosecuted against the City on account of any labor or
materials furnished; and shall do all things required of the Principal by the laws of the State of Oregon,
then this obligation shall be void;otherwise,it shall remain in full force and effect.
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 HAST CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 21st day of April 2020
PRINCIPAL: Doolittle Construction,LLC
1
By:
/Sigrnaturre,,�
Prin d Naive&Title
Attest
SUR T velers Ca galty and Surety Company of America
(Add rignratza-esr f or each sztrety easing mulliple bonds
BY ATTORNEY-IN-FACT:
(Powerof-Attorney must accompany each surety Gond)
Jim S. Kuich
�L
Sa r
PO Box 3018
Address
Bothell,WA 98041-3018
City State Lip
Phone - (425)489-4500 Fax-(425)368-4799
Phone Fax
Travelers Casualty and Surety Company of America
TRAVELERSAM Travelers Casualty and Surety Company
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 duty organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do
hereby make,constitute and appoint Julie M.Glover,S.M.Scott,Michael A.Murphy,Jim W.Doyle,Andy D.Prill,Jim S.Kutch,Chad M.Epple,Steve Wagner,Theresa
A.Lamb,Carl M.Lovested III,Patti White,Teresa Glombecki,and Maxwell Martin,of Bothell,Washington,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 ofpersons, 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 besigned,and iheircorporate seats to be hereto affixed,this 3rd day of February,2017
3
IL •r� +SIX
State of Connecticut
B '.cJ �.
Y�
City of Hartford ss. Robert L.Raney,Se for 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 Casua4ty 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, f hereunto set my hand and official seal. GTit:T
My Commission expires the 30th day of June,2021 TM , a
n p��p t Marie 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 Attomeys-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 at 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 Attomeys-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. Pau! Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attomey executed by said Companies,which remains in full force and effect.
Dated this Z Sfi day of
LA
$ >AtTY Akp S` tE
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}tltFS{F �• ¢ FIAA7i'(lfi6, .a � ���t
1E CG'Uf.Of9,�8 '� b GOHN, o uk //� C• w —
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• � F 1 •Wy !s * }
Kevin E. Hughes,Assisiant Sacretanr
To trerify the authenticity of this Power ofAttomey,please call us at 1-80D-421-3880.
Please refer to the above-named Attorney-in-f=act and the details of the hand to which the power is attached.
ATTACHMENT J—OREGON PREVAILING WAGE RATES
CITY OF TIGARD
2020 PAVEMENT MANAGEMENT PROGRAM
PREVENTATIVE MAINTENANCE
May be downloaded from: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx
261Page
Attachment K
00140 General Conditions
General Conditions for Construction for the City of Tigard
TABLE OF CONTENTS
PART 00100 - GENERAL CONDITIONS 31
Section 00110 - Organization, Conventions,Abbreviations, and Definitions................................. 31
00110.00 Organization of Specifications......................................................................................................31
0110.05 Conventions Used Throughout the Specifications Include:.........................................................31
00110.10 Abbreviations.....................................................................................................................................32
00110.20 Definitions..........................................................................................................................................35
Section 00120 - Bidding Requirements and Procedures................................................................. 44
00120.0lReceipt of Bids; Opening...................................................................................................................44
00120.02 Prequalification of Bidders...............................................................................................................44
00120.03 Request for Solicitation Documents...............................................................................................44
00120.04 Pre-Bid Meeting.................................................................................................................................44
00120.10 Bid Booklet.........................................................................................................................................44
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered.........................................................................................................................................................44
00120.16 Material, Equipment, and Method Substitutions..........................................................................45
00120.17 Use of Agency-Owned Land for Staging or Storage Areas.........................................................45
00120.18 Contractor- Obtained Land for Staging or Storage Areas...........................................................46
00120.20 Interpretation of Quantities in Bid Schedule................................................................................46
00120.25 Subsurface Investigations.................................................................................................................46
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids.................................46
00120.40 Preparation of Bids:...........................................................................................................................47
00120.45 Submittal of Bids:..............................................................................................................................48
00120.60 Modification or Withdrawal of Bids:.............................................................................................49
00120.65 Opening and Comparing Bids.........................................................................................................49
00120.67 Bid Mistakes:......................................................................................................................................49
00120.68 Low Tie Bids:.....................................................................................................................................50
00120.70 Rejection of Nonresponsive Bids ...................................................................................................50
00120.80 Reciprocal Preference for Oregon Resident Bidders...................................................................51
00120.90 Disqualification of Bidders...............................................................................................................52
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder...................................................52
Section 00130 -Award and Execution of Contract.......................................................................... 53
00130.00 Consideration of Bids.......................................................................................................................53
00130.10 Award of Contract.............................................................................................................................53
00130.15 Right to Protest Award.....................................................................................................................54
00130.20 Cancellation of Award......................................................................................................................54
00130.30 Contract Booklet...............................................................................................................................54
00130.40 Contract Submittals...........................................................................................................................54
Section00140 - Scope of Work......................................................................................................... 57
00140.00 Purpose of Contract..........................................................................................................................57
00140.10 Typical Sections................................................................................................................................. 57
00140.20 Thickness............................................................................................................................................57
00140.30 Agency-Required Changes in the Work.........................................................................................57
00140.40 Differing Site Conditions .................................................................................................................58
27
00140.50 Environmental Pollution Changes..................................................................................................58
00140.60 Extra Work.........................................................................................................................................58
00140.65 Disputed Work...................................................................................................................................58
00140.70 Cost Reduction Proposals................................................................................................................ 58
00140.80 Use of Publicly Owned Equipment................................................................................................60
00140.90 Final Trimming and Cleanup...........................................................................................................60
00140.95 "AS-BUILT" Drawings..................................................................................................................... 60
Section 00150 - Control of Work...................................................................................................... 62
00150.00 Authority of the Engineer (Project Manager) ..............................................................................62
00150.02 Inspector's Authority and Duties....................................................................................................62
00150.10 Coordination of Contract Documents...........................................................................................63
00150.15 Construction Stakes,Lines, and Grades:........................................................................................63
00150.20 Inspection:..........................................................................................................................................64
00150.25 Acceptability of Materials and Work..............................................................................................64
00150.30 Delivery of Notices...........................................................................................................................65
00150.35 Submittals: ..........................................................................................................................................65
00150.37 Equipment Lists and Other Submittals..........................................................................................69
00150.40 Cooperation and Superintendence by the Contractor.................................................................69
00150.50 Cooperation with Utilities................................................................................................................70
00150.53 Utilities and Existing Improvements:..............................................................................................71
00150.55 Cooperation with Other Contractors.............................................................................................73
00150.60 Construction Equipment Restrictions:...........................................................................................73
00150.70 Detrimental Operations....................................................................................................................74
00150.75 Protection and Maintenance of Work During Construction......................................................74
00150.80 Removal of Unacceptable and Unauthorized Work....................................................................74
00150.90 Final Inspection:................................................................................................................................75
00150.91 Post-Construction Review................................................................................................................75
00150.95 Final Acceptance................................................................................................................................75
00150.96 Maintenance Warranties and Guarantees.......................................................................................75
00150.97 Responsibility for Materials and Workmanship:...........................................................................76
Section 00160 - Source of Materials................................................................................................. 77
00160.01 Notification of Source of Supply and Materials:...........................................................................77
00160.05 Qualified Products List (QPL) ........................................................................................................77
00160.10 Ordering,Producing, and Furnishing Materials............................................................................77
00160.20 Preferences for Materials:.................................................................................................................78
00160.30 Agency-Furnished Materials............................................................................................................78
00160.50 Agency-Controlled Land;Limitations and Requirements:..........................................................79
00160.60 Contractor-Furnished Materials and Sources:...............................................................................79
00160.70 Requirements for Plant Operations................................................................................................80
00160.80 Requirements for Sources of Borrow and Aggregate..................................................................80
Section00165 - Quality of Materials................................................................................................ 81
00165.00 General................................................................................................................................................81
00165.01 Rejected Materials..............................................................................................................................81
00165.03 Testing by Agency.............................................................................................................................81
00165.04 Costs of Testing.................................................................................................................................81
00165.10 Materials Acceptance Guides...........................................................................................................81
00165.20 Materials Specifications and Test Method References.................................................................81
00165.30 Field-Tested Materials.......................................................................................................................82
00165.35 Nonfield-Tested Materials................................................................................................................82
00165.70 Use of Materials without Engineer's Acceptance:........................................................................83
28
00110
00165.75 Storage and Handling of Materials..................................................................................................83
00165.80 Measurement...................................................................................................................................... 83
00165.90 Incidental Basis.................................................................................................................................. 83
Section 00170 -Legal Relations and Responsibilities..................................................................... 84
00170.00 General................................................................................................................................................84
00170.01 Other Agencies Affecting Agency Contracts................................................................................84
00170.02 Permits, Licenses, and Taxes...........................................................................................................86
00170.03 Furnishing Rights-of-Way, Easements and Permits.....................................................................86
00170.04 Patents, Copyrights, and Trademarks.............................................................................................86
00170.05 Assignment of Antitrust Rights.......................................................................................................87
00170.07 Record Requirements........................................................................................................................ 87
00170.10 Required Payments by Contractors................................................................................................90
00170.20 Public Works Bond...........................................................................................................................91
00170.32 Protection of Navigable Waters......................................................................................................91
00170.60 Safety, Health, and Sanitation Provisions......................................................................................91
00170.61 Industrial Accident Protection:........................................................................................................91
00170.62 Labor Nondiscrimination.................................................................................................................91
00170.63 Payment for Medical Care................................................................................................................91
00170.65 Minimum Wage and Overtime Rates for Public Works Projects:..............................................92
00170.70 Insurance:............................................................................................................................................94
00170.71 Independent Contractor Status .......................................................................................................94
00170.74 Employee Drug Testing Program...................................................................................................94
00170.76 Subcontractors Nondiscrimination.................................................................................................94
00170.78 Conflict of Interest............................................................................................................................94
00170.80 Responsibility for Damage to Work:..............................................................................................95
00170.82 Responsibility for Damage to Property and Facilities:.................................................................95
00170.85 Responsibility for Defective Work.................................................................................................96
00170.89 Protection of Utility, Fire-control, and Railroad Property and Services; Repair;Roadway
Restoration:...........................................................................................................................................................97
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations..........................................................98
00170.93 Trespass...............................................................................................................................................98
Section 00180 - Prosecution and Progress....................................................................................... 99
00180.00 Scope...................................................................................................................................................99
00180.05 Assignment/Delegation of Contract..............................................................................................99
00180.06 Assignment of Funds Due under the Contract.............................................................................99
00180.10 Responsibility for Contract..............................................................................................................99
00180.15 Agency's Right to Do Work at Contractor's Expense.................................................................99
00180.20 Subcontracting Limitations:.............................................................................................................99
00180.21 Subcontracting: .................................................................................................................................. 100
00180.22 Payments to Subcontractors and Agents of the Contractor....................................................... 102
00180.30 Materials, Equipment, and Work Force......................................................................................... 102
00180.31 Required Materials, Equipment, and Methods.............................................................................. 102
00180.40 Limitation of Operations:................................................................................................................. 103
00180.41 Project Work Schedules.................................................................................................................... 104
00180.42 Preconstruction Conference............................................................................................................ 112
00180.43 Commencement and Performance of Work................................................................................. 112
00180.44 Project Meetings................................................................................................................................ 112
00180.50 Contract Time to Complete Work:................................................................................................. 114
00180.60 Notice of Delay.................................................................................................................................. 115
29
00180.65 Rights-of-Way and Access Delays.................................................................................................. 115
00180.70 Suspension of Work:.........................................................................................................................116
00180.80 Adjustment of Contract Time: ........................................................................................................ 116
00180.85 Failure to Complete on Time; Liquidated Damages:................................................................... 118
00180.90 Termination of Contract and Substituted Performance:............................................................. 118
Section 00190 -Measurement of Pay Quantities............................................................................. 121
00190.00 Scope...................................................................................................................................................121
00190.10 Measurement Guidelines..................................................................................................................121
00190.20 Contractor to Provide Vehicle Weigh Scales:................................................................................ 122
00190.30 Plant Scales......................................................................................................................................... 125
Section00195-Payment................................................................................................................. 126
00195.00 Scope and Limit:................................................................................................................................ 126
00195.10 Payment For Changes in Materials Costs...................................................................................... 126
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause............................................ 126
00195.20 Changes to Plans or Character of Work:....................................................................................... 127
00195.30 Differing Site Conditions.................................................................................................................127
00195.40 Unreasonable Delay by the Agency................................................................................................127
00195.50 Progress Payments and Retained Amounts:..................................................................................128
00195.60 Advance Allowance for Materials on Hand:.................................................................................. 131
00195.70 Payment under Terminated Contract.............................................................................................133
00195.80 Allowance for Materials Left on Hand:.......................................................................................... 134
00195.90 Final Payment:.................................................................................................................................... 134
00195.95 Error in Final Quantities and Amounts:........................................................................................ 135
Section 00196 -Payment for Extra Work......................................................................................... 136
00196.00 General................................................................................................................................................136
00196.10 Negotiated Price................................................................................................................................ 136
00196.20 Force Account....................................................................................................................................136
Section 00197 -Payment for Force Account Work.......................................................................... 137
00197.00 Scope...................................................................................................................................................137
00197.01 Extra Work on a Force Account Basis........................................................................................... 137
00197.10 Materials:.............................................................................................................................................137
00197.20 Equipment:.........................................................................................................................................138
00197.30 Labor................................................................................................................................................... 139
00197.80 Percentage Allowances ..................................................................................................................... 140
00197.90 Billings.................................................................................................................................................140
Section 00199 -Disagreements, Protests, and Claims .................................................................... 141
00199.00 General................................................................................................................................................141
00199.10 Procedure for Resolving Disagreements........................................................................................ 141
00199.15
.........................................................................................................................................................................Inappr
opriateProtest or Claim......................................................................................................................................141
00199.20 Protest Procedure..............................................................................................................................141
00199.30 Claims Procedure:.............................................................................................................................. 143
00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies ............................................ 146
00199.50 Mediation............................................................................................................................................ 148
00199.60 Review of Determination Regarding Records............................................................................... 148
30
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 "2018-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.
0110.05 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 "2018 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:
1. The subject, "the Contractor",is implied.
2. "Shall" refers to action required of the Contractor,and is implied.
3. "Will" refers to decisions or actions of the Agency and/or the Engineer.
4. 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".
5. 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.
6. The words "as shown", "shown", "as indicated", or "indicated" mean "as indicated on the Plans".
7. 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
31
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.
1. 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.
2. 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.
3. 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.
4. 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.
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
32
00110
AIA - American Institute of Architects
AISC - American Institute of Steel Construction
AISI - American Iron and Steel Institute
AITC - American Institute of Timber Construction
ANSI - American National Standards Institute
APA - Engineered Wood Association
APWA - American Public Works Association
AREMA - American Railway Engineering and Maintenance of Right-of-Way Association
ASCE - American Society of Civil Engineers
ASME - American Society of Mechanical Engineers
ASTM - American Society for Testing and Materials
ATPB - Asphalt Treated Permeable Base
AWG - American Wire Gauge
AWPA - American Wood Protection Association
AWS - American Welding Society
AWWA - American Water Works Association
CAgT - Certified Aggregate Technician
CAT-I - Certified Asphalt Technician I
CAT-II - Certified Asphalt Technician II
CBM - Certified Ballast Manufacturers
CCO - Contract Change Order
CCT - Concrete Control Technician
CDT - Certified Density Technician
CEBT - Certified Embankment and Base Technician
CMDT - Certified Mixture Design Technician
CPF - Composite Pay Factor
CRSI - Concrete Reinforcing Steel Institute
CFR - Code of Federal Regulations
CS - Commercial Standard, Commodity Standards Division,U.S. Department of Commerce
131.1 - Structural Welding Code - Steel,American Welding Society, current edition
D1.5 - Bridge Welding Code,American Welding Society, current edition
DBE - Disadvantaged Business Enterprise
DEQ - Department of Environmental Quality, State of Oregon
DOGAMI - Department of Geology and Mineral Industries, State of Oregon
DSL - Department of State Lands, State of Oregon
EAC - Emulsified Asphalt Concrete
EPA - U.S. Environmental Protection Agency
ESCP - Erosion and Sediment Control Plan
FHWA - Federal Highway Administration,U.S. Department of Transportation
FSS - Federal Specifications and Standards, General Services Administration
GSA - General Services Administration
ICEA - Insulated Cable Engineers Association (formerly IPCEA)
IES - Illuminating Engineering Society
IMSA - International Municipal Signal Association
ISO - International Standards Organization
ITE - Institute of Transportation Engineers
JMF - Job Mix Formula
33
MFTP - Manual of Field Test Procedures (ODOT)
MIL - Military Specifications
MSC - Minor Structure Concrete
MUTCD - Manual on Uniform Traffic Control Devices for Streets and Highways, FHWA, U.S.
Department of Transportation
NEC - National Electrical Code
NEMA - National Electrical Manufacturer's Association
NESC - National Electrical Safety Code
NIST - National Institute of Standards and Technology
NPDES - National Pollutant Discharge Elimination System
NPS - Nominal Pipe Size (dimensionless)
OAR - Oregon Administrative Rules
ODA - Oregon Department of Agriculture
ODOT - Oregon Department of Transportation
ORS - Oregon Revised Statutes
OR- - 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
QPL - Qualified Products List
RAP - Reclaimed Asphalt Pavement
REA - Rural Electrification Administration, U.S. Department of Agriculture
RMA - Radio Manufacturers Association or Rubber Manufacturers Association
SAE - Society of Automotive Engineers
SI - International System of Units (Systeme Internationale)
SRCM - Soil and Rock Classification Manual (ODOT)
SSPC - Society for Protective Coatings
T - Tolerances,AASHTO Test Method
TM - Test Method (ODOT)
TV - Target Value
UBC - Uniform Building Code (as adopted by the State of Oregon)
UL - Underwriters Laboratory,Inc.
UPC - Uniform Plumbing Code (as adopted by the State of Oregon)
USC - United States Code
WAQTC - Western Alliance for Quality Transportation Construction
WCLIB - West Coast Lumber Inspection Bureau
WWPA - Western Wood Products Association
34
00110
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.
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, which has entered into a
Contract with the Contractor.
Agency-Controlled Lands -Lands owned by the Agency, or controlled by the Agency under lease or
agreement, or under the jurisdiction and control of the Agency for the purposes of the Contract.
Aggregate -Rock of specified quality and gradation.
Attorney in Fact -An Entity appointed by another to act in its place, either for some particular purpose, or
for the transaction of business in general.
Award-Written notification to the Bidder that the Bidder has been awarded a Contract.
Base -A Course of specified material of specified thickness placed below the Pavement.
Bid -A competitive offer,binding on the Bidder and submitted in response to an invitation to bid.
Bid Bond -The Surety bond for Bid guarantee.
Bid Booklet -The information included in the Solicitation Documents that contain the information
identified in 00120.10.
Bid Closing-The date and time after which Bids, Bid modifications, and Bid withdrawals will no longer be
accepted.
Bid Documents - See under Solicitation Documents.
Bid Opening - The date and time Bids are opened.
Bid Schedule -The list of Pay Items,their units of measurement,and estimated quantities. (When a Contract
is awarded, the Bid Schedule becomes the Schedule of Items.)
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Bid Section-The portion of the Bid Booklet containing all pages after the Bidder's checklist and before the
appendix.
Bidder-An Entity that submits a Bid in response to an invitation to bid.
Bike Lane -A lane in the Traveled Way, designated by striping and Pavement markings for the preferential
or exclusive use of bicyclists.
Borrow-Material lying outside of planned or required Roadbed excavation used to complete Project
earthwork.
Boulders -Particles of rock that will not pass a 12 inch square opening.
Bridge -A single or multiple span Structure, including supports, that carries motorized and non-motorized
vehicles,pedestrians, or utilities on a Roadway,walk, or track over a watercourse, highway, railroad, or other
feature.
Buttress -A rock fill placed at the toe of a landslide or potential landslide in order to resist slide movement.
Calendar Day-Any day shown on the calendar,beginning and ending at midnight.
Camber-A slight arch in a surface or Structure to compensate for loading.
Change Order -A written order issued by the Engineer to the Contractor modifying Work required by the
Contract, or adding Work within the scope of the Contract, and, if applicable, establishing the basis of
payment for the modified Work.
Changed Work-Work included in a Pay Item and within the scope of the Contract that is different from
that reflected in the Contract Documents. (see 00140.30)
Class of Project -A designation based on a Project's funding source,i.e.,State or Federal-Aid.
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.
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00110
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.
Contractor-The Entity awarded the Contract according to the solicitation.
Correction Period - Period from Second Notification to Final Acceptance as per subsection 00170.85B.
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.
Digital Signature - A form of electronic signature that is registered with a certification authority, e.g.,
VeriSign or similar digital signature software company, which requires a password to be entered in order to
generate the digital signature upon the electronic document. Once the digital signature is applied, any
alteration of the document results in the elimination of the digital signature on the document.
37
Disqualification - The preclusion of a Person from contracting with a Contracting Agency for a period of
time in accordance with OAR 137-049-0370.
Drawings (Plans) - Standard and Project Drawings, and approved unstamped and reviewed and accepted
stamped Shop Drawings and Deferred Submittals. (see 00150.10 and 00150.35)
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.
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.
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00110
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 00160.00B and 00160.40)
Materials -Any natural or manmade substance specified for use in the construction of the Project or for
incorporation into the Work.
Median-The portion of a divided Highway separating traffic traveling in opposite directions.
Milestone - A principal event or activity specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
Multiple Course Construction -Two or more Courses, exclusive of Patching or Leveling, placed over the
entire Roadway width.
Multi-Use Path -That portion of the Highway Right-of-Way or a separate Right-of-Way, physically
separated from motor vehicle traffic and designated for use by pedestrians,bicyclists and other non-motorized
users.
Neat Line -Theoretical lines specified or indicated on the Plans for measurement of quantities.
Nondurable Rock- Rock that has a slake durability index of less than 90% based on a two-cycle slake
durability test, as tested by ASTM D 4644, or Rock that is observed to readily degrade by air, water, and
mechanical influence.
Notice to Contractors - The public announcement inviting Bids for Work to be performed or Materials to
be provided.
Notice to Proceed -Written notice authorizing the Contractor to begin performance of the Work.
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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.
Project-The sum of all Work to be performed under the Contract.
Project 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.
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 00160.00A 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.
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00110
Roadbed - Completed excavations and embankments for the Subgrade, including ditches, side slopes, and
slope rounding,if any.
Roadside -The area between the outside edges of the Shoulders and the Right-of-Way boundaries. Unpaved
median areas between inside Shoulders of divided Highways and infield areas of interchanges are included.
Roadway-That portion of a Highway improved, designed, or ordinarily used for vehicular travel, exclusive
of the berm or Shoulder. If a Highway includes two or more separate Roadways, the term "Roadway" refers
to any such Roadway separately,but not to all such Roadways collectively. (see Traveled Way)
Rock-Natural deposit of solid material composed of one or more minerals occurring in large masses or
fragments.
Schedule of Items -The list of Pay Items, their units of measurement,estimated quantities, and prices.
Schedule of Values -The breakdown of the values of the component elements comprising a lump sum Pay
Item.
Second Notification -Written acknowledgment by the Engineer of Substantial Completion of a Milestone
or of the Work according to 00180.50G.
Shoulder-The part of a Roadbed contiguous to the Traveled Way or Roadway,whether paved or unpaved,
for accommodating stopped vehicles, for emergency use and for lateral support of Base and surface Courses.
Silt - Soil passing a No. 200 sieve that is nonplastic or exhibits very low plasticity.
Single Course Construction -A wearing Course only, not including patching or leveling Courses or partial
width Base Course.
Slope -Vertical distance to horizontal distance,unless otherwise specified.
Soil-Accumulations of particles produced by the disintegration of Rock,which sometimes contains organic
matter. Particles may vary in size from Clay to Boulders.
Solicitation Documents -Documents which define the procurement of a public improvement Project,
including, but not limited to, the Bid Booklet, Contract Booklet, Agency-provided Plans, Standard
Specifications, Special Provisions, Addenda, and which includes all documents incorporated by reference.
May also be called Bid Documents.
Special Provisions -The special directions, provisions, and requirements specific to a Project that
supplement or modify the Standard Specifications. Permits and orders governing the Project that are issued
directly to the Agency by a governmental or regulatory authority are considered to be part of the Special
Provisions, to the extent and under the conditions stipulated in the Special Provisions.
Specifications -The Standard Specifications and Special Provisions, together with all provisions of other
documents incorporated therein by reference.
Standard Drawings -The Agency-prepared detailed drawings for Work or methods of construction that
normally do not change from project to project.
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Standard Specifications—The "General Conditions for Construction for the City of Tigard" published by
the Agency, and the "2018 Oregon Standard Specifications for Construction", Parts 00200 through 03000,
"Technical Specifications", published by the Oregon Department of Transportation as amended by the
Agency. It provides directions, provisions, and requirements necessary for performing public improvement
projects.
State -The State of Oregon.
Structures -Bridges, retaining walls, endwalls, cribbing, buildings, culverts, manholes, catch basins, drop
inlets, sewers, service pipes, underdrains, foundation drains, and other similar features which may be
encountered in the Work.
Subbase -A Course of specified material of specified thickness between the Subgrade and a Base.
Subcontractor-An Entity having a direct contract with the Contractor or another Subcontractor,to perform
a portion of the Work.
Subgrade -The top surface of completed earthwork on which Subbase, Base, Surfacing, Pavement, or a
Course of other Material is to be placed.
Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the
point where, in the opinion of Engineer, the Work (or specified part thereof is sufficiently complete, in
accordance with the Contract Documents, so that the Work (or a specified part thereof can be utilized for
the purposes for which it is intended.
Substructure -Those parts of a Structure which support the Superstructure, including bents, piers,
abutments,and integrally built wingwalls,up to the surfaces on which bearing devices rest. Substructure also
includes portions above bearing surfaces when those portions are built integrally with a Substructure unit(e.g.,
backwalls of abutments). When Substructure and Superstructure elements are built integrally, the division
between Substructure and Superstructure is considered to be at the bottom soffit of the longitudinal or
transverse beam,whichever is lower. Culverts and rigid frames are considered to be entirely Substructure.
Superstructure -Those parts of a Structure above the Substructure,including bearing devices.
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.
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00110
Traveled Way -That part of the Highway for moving vehicles, exclusive of berms and Shoulders.
Typical Section -That Cross Section established by the Plans which represents in general the lines to which
the Contractor shall work in the performance of the Contract.
Unsuitable Material - Frozen material, or material that contains organic matter, muck, humus, peat, sticks,
debris, chemicals, toxic matter, or other deleterious materials not normally suitable for use in earthwork.
Utility-A line, facility, or system for producing, transmitting, or distributing communications, power,
electricity, heat,gas, oil,water, steam,waste, storm water not connected with highway drainage, or any other
similar commodity which directly or indirectly serves the public. The term may also mean the utility company,
district, or cooperative owning and operating such facilities, including any wholly-owned or controlled
subsidiary.
Warranty Bond -The approved security furnished by the Contractor's, Subcontractor's, Manufacturer's,
Installer's or Supplier's Surety as a guaranty of performance of their respective warranty obligations.
Work-The furnishing of all Materials, Equipment,labor, and Incidentals necessary to successfully complete
any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the
Contract.
Work Change Directive—A written statement to Contractor issued on or after the Date of the Agreement
and signed by Agency and recommended by Engineer ordering an addition,deletion,or revision in the Work,
or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive will not change the Contract Amount or the Contract
Times but is evidence that the parties expect that the change ordered or documented by a Work Change
Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as
to its effect,if any, on the Contract Amount or Contract Times.
Work Day- Every Calendar day excluding Saturdays, Sundays and legal holidays as listed in ORS 187.010.
Worker-Any person performing work under the contract, including employees of the Contractor or
subcontractor, and persons having full or partial ownership of the Contractor or subcontractor. (This
definition is not intended to nor does it alter the definition or meaning of the term "worker" as used in any
applicable laws or regulations,including but not limited to for purposes of paying prevailing wage rates.)
Working (Shop) Drawings - Supplemental Plans, not furnished by the Agency, that the Contractor is
required to submit to the Engineer. (see 00150.35)
Workplace Violence -Any act of physical,verbal or written aggression by an individual in or related to the
work place and/or project sites. This includes,but is not limited to,verbal abuse, threats or intimidation and
physical intimidation,assault or battery by a worker or former worker. Work place violence may also include
destruction or abuse of property.
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00120
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
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00120
accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered
in performing the Work and all requirements of the Contract.
The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's failure
to fully examine the site and become fully informed about all conditions of the Work, or failure to request
clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing by e-mail
through the Engineer. Notification of erroneous or incomplete Plans or Specifications shall also be submitted
to the Engineer. Unless the procurement period is shorter than one week, notifications and requests for
changes or clarification shall be submitted at least seven Days prior to the date of Bid Closing. The Agency
will respond to each request at least 72 hours prior to the date of Bid Closing. If the Procurement period is
less than seven Days, requests shall be submitted within one Day after the Procurement is issued and the
Agency will issue its response to each such request at least 24 hours prior to Bid Closing. Failure to timely
request clarification or changes shall be deemed acceptance of all of the terms and conditions of the
Procurement. Oral explanations or interpretations given before receiving Bids for a Project will not be
binding. To be binding,interpretation of the Plans and Specifications by the Agency must be made by written
Addendum furnished to all Holders of Bidding Plans according to 00120.30.
00120.16 Material, Equipment, and Method Substitutions —When the Contract specifies certain
Materials,Equipment,and/or Methods,the Bidder shall include those Materials,Equipment,and/or Methods
in the Bid. Substitution after execution of the Contract is specified in 00180.31B,00180.31C,and 00180.31D.
00120.17 Use of Agency-Owned Land for Staging or Storage Areas -The Contractor may use Agency-
owned property for staging or storage areas, subject to the following limitations:
A. Within Normal Right-of-Way Limits - If approved by the Engineer,the Contractor may use available
property within the normal Right-of-Way limits for the purpose of constructing improvements under the
Contract as long as such use does not unduly impede other legitimate users of the Right-of-Way or
adjacent properties. Where the Agency owns, or has rights to, other adjacent properties in the Project
area, "normal Right-of-Way" is limited to a line drawn across that property connecting the normal Right-
of-Way limits on either side of the property.
B. Outside Normal Right-of-Way Limits -The Contractor may not use Agency-owned property outside
of normal Right-of-Way limits for the Project without the approval of the Engineer.
If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the
Contractor, or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum.
If approval is not obtained before submitting a Bid, and the Contractor proposes to use Agency-owned
property outside the normal Right-of-Way limits, then use of the property may be approved by the
Engineer,but the Contractor will be assessed fair market value,as determined by the Engineer, for use of
the property.
C. Restrictions on Use - Contractors shall comply with all applicable laws, ordinances, and regulations
pertaining to use of Agency-owned property, and shall:
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.
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00120
00120.18 Contractor - Obtained Land for Staging or Storage Areas — Contractor shall provide for all
additional lands and access thereto that may be required for temporary construction facilities, or storage or
staging of materials and equipment.
A. Within five (5) days of Contractor executing an agreement with property owners of land for
Contractor's use,provide Agency with a copy of such agreement.
B. In the event of claims or disputes between Contractor and property owner, Contractor shall indemnify
and defend the Agency,its officers, agents and employees in conformance with the Public
Improvement Contract,Article 7—Indemnification.
00120.20 Interpretation of Quantities in Bid Schedule — Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The Agency does not warrant that the actual
individual items,amount of Work,or quantities will correspond to those shown in the Bid Schedule. Payment
to the Contractor will be made only for actual quantities of Work performed and accepted or Materials
furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to
be furnished may each be increased, decreased, or omitted as provided in 00120.30 and 00140.30.
00120.25 Subsurface Investigations— If the Agency or its consultant has conducted subsurface or geologic
investigations of the proposed Project Site or contiguous to the Project Site, the results of the investigations
may be included in written geotechnical data reports. If geotechnical data reports have been prepared, such
reports may be included in the Solicitation Documents (see Special Provisions) and shall be considered as part
of the Contract Documents to the extent that the Contractor may rely upon the accuracy of the technical data
contained in such reports. If the Agency has retained subsurface samples, they will also be available for
inspection. Bidders and the Contractor may make arrangements for viewing the samples through the
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.
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00120
Bidders shall acknowledge Addenda by submitting the "Acknowledgment of Addendum"in the Bid Booklet
with their Bids. The Agency will not be responsible for failure of Bidders to receive Addenda sent as described
in the preceding paragraph. Bids shall incorporate all Addenda. Bids may be rejected if opened and found
by the Agency to not be based on all Addenda issued before Bid Closing.
00120.40 Preparation of Bids:
A. General:
1. Bids -The Bidders shall not alter,in any manner,the documents within the Bid Section. Bidders shall
complete the certifications and statements included in the Bid Section of the Bid Booklet according
to the instructions. Signature of the Bidder's authorized representative thereon constitutes the
Bidder's confirmation of and agreement to all certifications and statements contained in the Bid
Booklet. Entries on the documents in the Bid Section shall be in black or blue ink or typed. Signatures
and initials shall be in black or blue ink.
The Bidder shall properly complete and bind all the documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40D)
B. Bid Schedule Entries:
1. Bid Schedule Entries - Using figures, Bidders shall fill in all blank spaces in the Bid Schedule. For
each item in the Bid Schedule,Bidders shall enter the unit price and the product of the unit price
multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more
than two decimal places to the right of the decimal point, and shall be expressed in U.S. dollars and
cents (for example, $150.25 or$0.37). Unit prices submitted which contain more than two decimal
places,will be truncated by the Agency at the second decimal place to determine the product of the
unit price and quantity. No rounding will be considered or paid. Bidders Bid shall also enter the total
amount of the Bid obtained by adding amounts for all items in the Bid Schedule. Corrections or
changes of item entries shall be in ink,with incorrect entry lined out and correct entry entered and
initialed in ink by the person signing the Bid.
C. Bidder's Address and Signature Pages -Bidders shall include in the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly
authorized representative of the Bidder.
D. Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10%of the total amount
of the Bid.
1. Bid Guaranty-The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued by
an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or certified
check made payable to the Agency. (see ORS 279C.365(4))
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with
the Bid Booklet or an alternative Bid Bond form acceptable to the Agency. Bidders shall submit the
bond with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted by
mail,delivery service, or hand delivered to the offices and addresses,and at the times given in the Bid
Booklet.
• Acceptable Surety companies are limited to those authorized to do business in the State of
Oregon.
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• Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered
by 00130.70.
E. Disclosure of First-Tier Subcontractors —If the Bidder's Bid exceeds $100,000 or without regard to
the amount of a Bidder's Bid,if the Agency's cost estimate for a public improvement project as indicated
in the Advertisement for Bids exceeds $100,000,the Bidder shall,within 2 working hours of the time Bids
are due to be submitted,submit to the Agency,on a form provided by the Agency,a disclosure identifying
any first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is
equal to or greater than:
1. 5% of the total Project Bid,but at least$15,000; or
2. $350,000, regardless of the percentage of the total Project Bid.
For each Subcontractor listed, Bidders shall state:
1. The name of the Subcontractor;
2. The dollar amount of the subcontract; and
3. The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate
by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders
shall provide all requested information. An incomplete form will be cause for rejection of the Bid.
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.
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B. All Bid material submitted by Bidder shall become the property of the Agency and is public record unless
otherwise specified. A Bid that contains any information that is considered trade secret under ORS
192.501(2) should be segregated and clearly identified as such. This information will be kept confidential
and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The
above restrictions may not include cost or price information,which must be open to public inspection.
00120.60 Modification or Withdrawal of Bids:
A. Modification -Bids once submitted may be modified in writing prior to the time and date set for Bid
Closing and submitted to the place designated for receipt of Bids.Any modifications shall be prepared on
the company letterhead, signed by an authorized representative, and state that the new document
supersedes or modifies the prior Bid. The Bid modification shall be delivered in a sealed envelope and
shall be marked as follows:
BID MODIFICATION
Bid Title and Closing Date and Time
B. Withdrawal -Bids may be withdrawn by written notification on company letterhead signed by an
authorized representative and received prior to the time and date set for Bid Closing and submitted to the
place designated for receipt of Bids. Bids also may be withdrawn in person prior to the scheduled Bid
Closing upon presentation of appropriate identification.
Requests to withdraw Bids shall be marked as follows:
BID WITHDRAWAL
Bid Title and Closing Date and Time
No Bid can be withdrawn after having been opened.
00120.65 Opening and Comparing Bids — Bids will be opened and the total price for each Bid will be read
publicly at the time and place indicated in the Advertisement for Bids. Bidders and other interested parties
are invited to be present.
Bids for each Project will be compared on the basis of the total amount of each Bid. The total amount of the
Bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by the
Bidder.
In case of conflict between the unit price and the corresponding extended amount,the unit price shall govern,
and the Agency may make arithmetic corrections on extension amounts.
Error(s) discovered after Bid opening cannot be corrected by the Bidder and the contractor will be required
to perform work at the unit price if its Bid is accepted.
00120.67 Bid Mistakes:
A. General - Under extraordinary circumstances, a Bid may be withdrawn after the deadline for submittal
because of an inadvertent nonjudgmental mistake. If the mistake is attributable to an error in judgment,
the Bid may not be withdrawn or corrected.Correction or withdrawal by reason of nonjudgmental mistake
is permissible but only to the extent it is not contrary to the interest of the Agency or the fair treatment
of other Bidders.
B. Mistakes Discovered after Bid Closing but before Award -This section applies to situations where
mistakes in Bids are discovered after the submission deadline but before Award.
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1. Minor Informalities -Minor informalities are matters of form rather than substance that are evident
from the Bid Documents, or insignificant mistakes that can be waived or corrected promptly without
prejudice to other Bidders or the Agency;that is,the informality does not affect price,quantity,quality,
delivery, or contractual conditions except in the case of informalities involving unit prices. Examples
include,but are not limited to, the failure of a Bidder to:
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
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.
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D. The Bid is submitted on documents not obtained directly from the Agency, or is submitted by a Bidder
who has not been identified by the Agency as a Holder of Bidding Plans, as required by 00120.05.
E. The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as
required by 00120.40 and
F. A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may be
rejected.
G. The Bid has entries not typed or in ink, or has signatures or initials not in ink.
H. Each change or correction is not individually initialed.
I. White-out tape or white-out liquid is used to correct item entries.
J. The price per unit cannot be determined.
K. The Bid guaranty is insufficient or improper.
L. The original Bid Bond form is not used or is altered.
M. The Oregon Construction Contractors Board registration number and expiration date are not shown on
the Bid if required in the Solicitation Document. This requirement applies to Agency and State-funded
Projects, with the exception of Aggregate production and landscape Projects. (not required on Federal-
Aid Projects)
N. A disclosure of qualified first-tier Subcontractors, if required under 00120.40(fl, is not received
within 2 working hours of the time Bids are due to be submitted, or the disclosure form is not complete.
O. The Bidder has not complied with the DBE requirements of the solicitation.
P. The Bid does not acknowledge all issued Addenda.
Q. The Bid contains entries that are not greater than zero.
R. The Bid entries are not expressed in U.S. dollars and cents.
S. The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the
Agency
In addition, the Agency may reject all Bids and suspend the project in the event all Bids exceed the funds the
Agency has appropriated for the project or for good cause upon its finding that it is in the public interest to
do so. The Agency may also waive minor informalities or irregularities.
00120.80 Reciprocal Preference for Oregon Resident Bidders — This Subsection applies only to
Contracts for Projects financed without federal funds.
Bidders shall complete the certificate of residency provided by the Agency in the Bid Booklet. Failure to
properly complete the form will be cause to reject the Bid.
As used in the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who has:
A. Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar months
immediately preceding submission of the Bid;
B. A business address in the State of Oregon; and
C. Certified in the Bid that the Bidder qualifies as a Resident Bidder
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract, add a percentage
increase to the Bid of a Nonresident Bidder equal to the percentage, if any, of the preference given to that
Bidder in the state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each
state will be published on or before January 1 of each year by the Oregon Department of Administrative
Services. The Agency may rely on these percentages without incurring liability to any Bidder(ORS 279A.120).
This increase will only be applied to determine the lowest Bid, and will not cause an increase in payment to
the Contractor after Award of the Contract.
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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.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder -The Bid of a Bidder who is
found to be nonresponsible according to the criteria listed in 00130.10 or ORS 279C.375(3) will be rejected.
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Section 00130 -Award and Execution of Contract
00130.00 Consideration of Bids -After opening and reading Bids, the Agency will check them for correct
extensions of unit prices and totals. (see 00120.65) The total of extensions, corrected where necessary, will
be used by the Agency for Award purposes. Discrepancies between words and figures will be resolved in
favor of words. In selecting the lowest responsive Bid,the Agency reserves the right to take into consideration
any or all alternatives called for in the Bid Form.
The Agency reserves the right to waive minor informalities and irregularities, and to reject any or all Bids for
irregularities under 00120.70 or for good cause after finding that it is in the public interest to do so (ORS
279C.395). An example of good cause for rejection in the public interest is the Agency's determination that
any of the unit Bid prices are materially unbalanced to the Agency's potential detriment. A materially
unbalanced Bid is defined as, "a Bid which generates a reasonable doubt that award to the Bidder submitting
a mathematically unbalanced Bid will result in the lowest cost to the Agency." The Agency may correct
obvious errors, when the correct information can be determined from the face of the document, if it finds
that the best interest of the Agency and the public will be served thereby.
00130.10 Award of Contract -After the Bids are opened and a determination is made that a Contract is to
be awarded,the Contract will be awarded to the lowest responsible Bidder. For the purposes of this Section,
"lowest responsible Bidder" means the responsible Bidder that submitted the lowest responsive Bid who is
not on the list created by the Construction Contractors Board according to ORS 701, and who has:
A. Substantially complied with all prescribed public bidding procedures and requirements.
B. Available the appropriate financial, Materials, Equipment, facility and personnel resources and expertise,
or ability to obtain the resources and expertise, necessary to indicate the capability of the prospective
Bidder to meet all contractual responsibilities.
C. A satisfactory record of performance. In evaluating a Bidder's record of performance, the Agency may
consider, among other things, whether the Bidder completed previous contracts of a similar nature with
a satisfactory record of performance. For purposes of evaluating a Bidder's performance on previous
contracts of a similar nature, a satisfactory record of performance means that to the extent that the costs
associated with and time available to perform a previous contract remained within the Bidder's control,
the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the
contract in a satisfactory manner.
D. A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may consider,
among other things,whether the Bidder has previous criminal convictions for offenses related to obtaining
or attempting to obtain a contract or subcontract or in connection with the Bidder's performance of a
contract or subcontract.
E. Qualified legally to contract with the Agency.
F. Supplied all necessary information in connection with the Agency's inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available information,
or may find the prospective Bidder not to be responsible.
G. Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity,the Agency will document
the record and the reasons for the unsatisfactory finding.
The Agency will mail the Notice of Intent to Award to the Bidders, and may provide Notice of Intent to
Award on the Agency's web site.
The Award will not be final until the later of the following:
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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 Contract
B. Performance Bond
C. Payment Bond
D. Prevailing Wage Rates
E. Special Provisions
00130.40 Contract Submittals - Before the Agency will execute the Contract, the successful Bidder shall
furnish the following:
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00130
A. Performance and Payment Bonds -When Awarded the Contract, the successful Bidder shall furnish a
Performance Bond and a Payment Bond of a Surety authorized to do business in the State of Oregon.
The successful Bidder shall submit the standard bond forms,which are bound in the Contract Booklet or
alternative bond forms acceptable to the Agency. Faxed or photocopied bond forms will not be accepted.
The amount of each bond shall be equal to the Contract Amount. The Performance Bond and the
Payment Bond must be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be
affixed to each bond. A power of attorney for the Attorney-in-Fact shall be attached to the bonds in the
Contract booklet,which must include bond numbers, and the Surety's original seal must be affixed to the
power of attorney. Bonds shall not be canceled without the Agency's consent, nor will the Agency
normally release them, prior to Contract completion. The amount of the Performance and Payment
Bonds shall be increased to equal the new Contract Amount whenever the Contract Amount is increased
for any reason.
B. Certificates of Insurance -The successful Bidder shall furnish the Agency certificates of insurance
applicable to the Project,according to the Public Improvement Contract.
For specified Contracts, certified copies, and in some instances the original, of insurance policies may be
required by the Special Provisions.
C. Registration Requirements:
1. ORS 701.021, ORS 701.026, and ORS 671.530 require that Bidders be registered with the Oregon
Construction Contractors Board or licensed by the State Landscape Contractors Board prior to
submission of a Bid on a Project not involving federal funds. Registration with the Construction
Contractors Board or licensing by the State Landscape Contractors Board is not a prerequisite to
bidding on Federal-Aid Projects;however,the Agency will not execute a Contract until the Contractor
is so registered or licensed.
2. Bidders must be registered with the Corporation Division, Oregon Secretary of State,if bidding as a
corporation, limited liability company, joint venture, or limited liability partnership, or if operating
under an assumed business name and the legal name of each person carrying on the business is not
included in the business name.
3. A Contractor registered under ORS 701 may bid on a landscaping Project or perform a construction
project that includes landscape contracting as a portion of the project if the landscape contracting is
subcontracted to a licensed landscaping business as defined in ORS 671.520.
4. A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor,or subcontracts
with another licensed landscaping business, licensed for that phase.
D. Tax Identification Number-The successful Bidder shall furnish the Agency the Bidder's Federal Tax
Identification Number.
00130.50 Execution of Contract and Bonds:
A. By the Bidder-The successful Bidder shall deliver the required number of Contract booklets with the
properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation
coverage,and the required certificates of insurance,to the Agency within 10 Calendar Days after the date
on which the Contract booklets are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder
shall return the originals of all documents received from the Agency and named in this Subsection,with
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00130
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 tide(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 00130.50A, 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 00180.80C.
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Section 00140 - Scope of Work
00140.00 Purpose of Contract -The purpose of the Contract is to set forth the rights and obligations of the
parties and the terms and conditions governing completion of the Work. The Contractor's obligations shall
include without limitation the following:
A. The Contractor shall furnish all Materials, Equipment, labor, transportation, and Incidentals required to
complete the Work according to Plans, Specifications, and terms of the Contract.
B. The Contractor shall perform the Work according to the lines, grades,Typical Sections, dimensions, and
other details shown on the Plans,as modified by written order.
C. The Contractor shall contact the Engineer for any necessary clarification or interpretation of the Contract.
00140.10 Typical Sections -The Typical Sections are intended to apply in general. At other locations where
the Typical Section is not appropriate, the Contractor shall perform construction to the identified alignment
as directed by the Engineer.
00140.20 Thickness -The thickness of Courses of Materials shown on the Plans,given in the Specifications,
or established by the Engineer is considered to be the compacted thickness. Minor variations are acceptable
when within tolerances specified in the Specifications or Plans, or when approved by the Engineer.
00140.30 Agency-Required Changes in the Work - Changes to the Plans, quantities, or details of
construction are inherent in the nature of construction and may be necessary or desirable during the course
of Project construction.
Without impairing the Contract, the Agency reserves the right to require changes it deems necessary or
desirable within the scope, which in the Specifications means general scope, of the Project. These changes
may modify,without limitation:
A. Specifications and design
B. Grade and alignment
C. Cross Sections and thicknesses of Courses of Materials
D. Method or manner of performance of Work
E. Project Limits
or may result in
A. Increases and decreases in quantities
B. Additional Work
C. Elimination of any Contract item of Work
D. Acceleration or delay in performance of Work
Upon receipt of a Change Order, the Contractor shall perform the Work as modified by the Change Order.
If the Change Order increases the Contract Amount,the Contractor shall notify its Surety of the increase and
direct the Surety to increase the amount of the performance and payment bonds to equal the new Contract
Amount. If requested, the Contractor shall provide the Agency with a copy of the modified bond documents
within 15 calendar days of receipt of the Change Order.The Contractor's performance of Work according to
Change Orders shall neither invalidate the Contract nor release the Surety. Payment for changes in the Work
will be made according to 00195.20. Contract Time adjustments,if any,will be made according to 00180.80.
A Change Order signed by the Contractor is the agreement that the adjustment in the Contract Amount or
Contract Time indicated is full compensation for all change order items including the impact of the change
order on the balance of the Work to be accomplished.
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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
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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
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estimated net savings in construction costs. Costs of re-design,which are incurred after the Agency has
accepted the proposal,will be included in the cost of the Work attributable to cost reduction measures.
If the Agency accepts the cost reduction proposal,the Change Order that authorizes the cost reduction
measures will also address any Contract Time adjustment.
F. Right to General Use - Once submitted, the cost reduction proposal becomes the property of the
Agency. The Agency reserves the right to adopt the cost reduction proposal for general use without
additional compensation to the Contractor when it determines that a proposal is suitable for application
to other contracts.
00140.80 Use of Publicly Owned Equipment -The Contractor is prohibited from using publicly-owned
Equipment except in the case of emergency. In an emergency, the Contractor may rent publicly-owned
Equipment provided that:
A. The Engineer provides written approval that states that such rental is in the public interest;and
B. Rental does not increase the Project cost.
00140.90 Final Trimming and Cleanup - Before Final Inspection as described in 00150.90,the Contractor
shall neatly trim and finish the Project and remove all remaining unincorporated Materials and debris. Final
trimming and cleanup shall include without limitation the following:
A. The Contractor shall retrim and reshape earthwork, and shall repair deteriorated portions of the Project
Site.
B. Where the Work has impacted existing facilities or devices, the Contractor shall restore or replace those
facilities to their pre-existing condition.
C. The Contractor shall clean all drainage facilities and sanitary sewers of excess Materials or debris resulting
from the Work.
D. The Contractor shall clean up and leave in a neat, orderly condition, Rights-of-Way, Materials sites, and
other property occupied in connection with performance of the Work.
E. The Contractor shall remove temporary buildings, construction plants, forms, falsework and scaffolding,
surplus and discarded Materials, and rubbish.
F. The Contractor shall dispose of Materials and debris including without limitation forms, falsework,
scaffolding, and rubbish resulting from clearing,grubbing, trimming, clean-up,removal,and other Work.
These Materials and debris become the property of the Contractor. The Contractor shall dispose of these
Materials and debris immediately.
G. The Contractor shall restore and replant or resurface adjoining properties to match existing grades and
existing surfaces.
H. The Contractor shall install erosion and sediment control needed to stabilize the Project site.
Unless the Contract specifically provides for payment for this item, the Agency will make no separate or
additional payment for final trimming and cleanup.
00140.95 "AS-BUILT" Drawings -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.
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The "As-Built" drawings shall show the information listed below. Where the term "locate" or "location" is
used, it shall mean record of position with respect to both the construction vertical datum and either
construction horizontal datum or a nearby permanent improvement.
A. As-built location of underground and surface services and utilities as installed
B. As-built location of existing underground and surface utilities and services that are to remain and that are
encountered during the course of the Work
C. As-built changes in dimension,location,grade or detail to that shown on plans
D. As-built changes made by change order
E. As-built details not in original plans
F. As-built fully completed shop drawings reflecting all revisions
Upon completion of the construction, the Contractor shall review and certify the construction set of"As-
Built" drawings for completeness and accuracy of representation of any changes. Final payment will not be
processed until"As-Built" drawings have been submitted and approved.
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Section 00150 - Control of Work
00150.00 Authority of the Engineer (Project Manager) -The Engineer has 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
and, except as provided in Section 00199 for claims for additional Contract Time or Contract Price, may be
challenged only through litigation.
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.
Work performed under the Contract will not be considered complete until it has passed Final Inspection by
the Engineer and has been accepted by the Agency.
Interim approvals issued by the Engineer, including but not limited to Final Acceptance, will not discharge
the Contractor from responsibility for errors in prosecution of the Work, for improper fabrication,for failure
to comply with Contract requirements, or for other deficiencies, the nature of which are within the
Contractor's control.
The Engineer shall have the authority to appoint Inspectors and other personnel as required to assist in the
administration of the Contract.
The authority stated in this subsection is subject to the individuals delegated authority by the Agency. If the
individual does not have the state authority,the subsection reference shall include Agency personnel that have
such authority.
00150.02 Inspector's Authority and Duties -To the extent delegated under 00150.01, Inspectors are
authorized to represent the Engineer and Project Manager to perform the following:
A. Inspect Work performed and Materials furnished, including without limitation, the preparation,
fabrication, or manufacture of Materials to be used;
B. Orally reject defective Materials and to confirm such rejection in writing;
C. By oral order, temporarily suspend the Work for improper prosecution pending the Engineer's decision;
and
D. Exercise additional delegated authority.
Inspectors are not authorized to:
A. Accept Work or Materials.
B. Alter or waive provisions of the Contract.
C. Give instructions or advice inconsistent with the Contract Documents.
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00150.10 Coordination of Contract Documents -The Contract Documents, including but not limited to
Contract Change Orders, the Special Provisions, the Plans, and the Standard Specifications are intended to
collectively describe all of the items of Work necessary to complete the Project. The Contract Documents
are complementary;what is required by one is as binding as if required by all.
A. Order of Precedence -The Engineer will resolve any discrepancies between these documents in the
following order of precedence:
1. Permits from outside agencies;
2. Contract (Agreement)
3. Addenda;
4. Bid Schedule;
5. Project Drawings;
6. Standard Drawings;
7. Special Provisions;
8. General Conditions;
9. Standard Specifications;
10. Geotechnical Data Reports;
11. Reviewed and accepted, stamped Working (Shop) Drawings (including Deferred Submittals);
12. Approved Unstamped Working (Shop) Drawings.
Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretation and
clarifications, in precedence listed, will take precedence over all other Contract Document components
referenced herein.
Notes on a drawing shall take precedence over drawing details. Dimensions shown on the drawings, or
that can be computed, shall take precedence over scaled dimensions. The Drawings with the higher level
of detail take precedence over less detailed Drawings.
B. Immaterial Discrepancies -The Contract Documents specify details for the construction and
completion of the Work. If Contract Documents describe portions of the Work in sufficient detail but
are silent in some minor respect, the Contractor may proceed utilizing the current best industry practices.
C. Material Discrepancies - If the Contractor identifies a discrepancy, error, or omission in the Contract
Documents that cannot be resolved by the approach specified in B above, the Contractor shall
immediately request clarification from the Engineer
00150.15 Construction Stakes, Lines, and Grades:
A. Agency Responsibilities -The Engineer will provide the location of the existing benchmarks and
horizontal control locations used to design the project and prepare the Plans.
B. Contractor Responsibilities -The Contractor shall:
1. Accurately measure detailed dimensions, elevations, and slopes from the Engineer's benchmarks and
horizontal control locations;
2. Provide all labor, materials and equipment to properly stake out the project so that it can be
constructed in accordance with the Contract Documents. Any changes made shall be recorded and
the changed vertical and horizontal locations incorporated into the "as-built" drawings.
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
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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.
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.
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The Engineer's decisions concerning acceptability of Materials or Work will be final.
00150.30 Delivery of Notices -Written notices to the Contractor by the Engineer or the Agency will be
delivered:
A. In person;
B. By U.S. Postal Service certified or registered mail (return receipt requested), to the current office address
as shown in the records of the Agency; or
C. By overnight delivery service of a private industry courier, to the current office address as shown in the
records of the Agency.
Notices shall be considered as having been received by the Contractor:
A. At the time of actual receipt when delivered in person;
B. At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery
by certified or registered,whichever is earlier; or
C. At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for overnight
delivery service,whichever is earlier.
Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address
shown in the Special Provisions,unless a different address is agreed to by the Engineer,and shall be delivered:
A. In person;
B. By U.S. Postal Service certified or registered mail (return receipt requested); or
C. By overnight delivery service of a private industry courier.
Notices will be considered as having been received by the Agency:
A. At the time of actual receipt when delivered in person;
B. At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery
by certified or registered,whichever is earlier; or
C. At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
00150.35 Submittals:
A. Description — Submittals covered by these requirements include manufacturers' information, shop
drawings, test procedures, test results, samples, and miscellaneous Work-related submittals. Submittals
shall also include, but not be limited to, all mechanical, electrical and electronic equipment and systems,
materials, reinforcing steel, fabricated items, and piping and conduit details. The Contractor shall furnish
all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and
manufacturer's installation and warranty information and other instructions as specifically required in the
Contract Documents to demonstrate fully that the materials and equipment to be furnished and the
methods of work comply with the provisions and intent of the Contract Documents.
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
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out or otherwise obliterated.The Contractor shall ensure that there is no conflict with other submittals
and notify the Engineer in each case where his submittal may affect the work of another contractor
or the Agency. The Contractor shall coordinate submittals among its subcontractors and suppliers
including those submittals complying with unit responsibility requirements specified in applicable
technical sections.
2. The Contractor shall coordinate submittals with the Work so that Work will not be delayed. It shall
coordinate and schedule different categories of submittals, so that one will not be delayed for lack of
coordination with another. No extension of time will be allowed because of failure to properly
schedule submittals. The Contractor shall not proceed with Work related to a submittal until the
submittal process is complete.This requires that submittals for review and comment shall be returned
to the Contractor with the indication "No Exceptions Taken" or "Make Corrections Noted."
3. Submittals shall be carefully reviewed by an authorized representative of the Contractor prior to
submission to the Engineer. Each submittal shall be dated and signed by the Contractor as being
correct and in strict conformance with the Contract Documents. In the case of Shop Drawings, each
sheet shall be so dated and signed. Any deviations from the Contract Documents shall be noted by
the Engineer and Agency. The Engineer will only review submittals that have been so verified by the
Contractor. Non-verified submittals will be returned to the Contractor without action taken by the
Engineer, and any delays caused thereby shall be the total responsibility of the Contractor.
4. The Contractor shall certify on each submittal document that it has reviewed the submittal, verified
field conditions,and complied with the contract documents.
5. The Contractor may authorize in writing a material or equipment supplier to deal directly with the
Engineer or with the Agency with regard to a submittal. These dealings shall be limited to contract
interpretations to clarify and expedite the Work.
C. Shop Drawings and Product Submittals
1. Wherever called for in the Contract Documents or where required by the Engineer, the Contractor
shall furnish to the Engineer for review, five (5) copies plus one reproducible copy or electronic file,
of each Shop Drawing or Product submittal. Shop Drawings may include detail design calculations,
shop-prepared drawings,fabrication and installation drawings,erection drawings,lists,graphs,catalog
sheets, data sheets,and similar items. If a list,graph,catalog sheet,data sheet,etc.includes more than
one item, clearly mark which item is the subject of the submittal. Shop Drawings shall bear the
signature and seal of an engineer registered in the appropriate branch and in the state of Oregon,
unless otherwise indicated.Whenever the Contractor is required to submit design calculations as part
of a submittal, such calculations shall bear the signature and seal of an engineer registered in the
appropriate branch and in the state of Oregon,unless otherwise indicated.
2. Shop Drawing and Product submittals shall be accompanied by the Engineer's standard submittal
transmittal form, a reproducible copy of which is available from the Engineer. 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
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submittal would be acceptable. A single submittal covering vertical turbine pumps and horizontal
split case pumps would not be acceptable.
b) On the transmittal form, index the components of the submittal and insert tabs in the submittal
to match the components. Relate the submittal components to specification paragraph and
subparagraph, Drawing number, detail number, schedule title, room number, or building name,
as applicable.
c) Unless indicated otherwise, terminology and equipment names and numbers used in submittals
shall match those used in the Contract Documents
4. Format
a) Minimum sheetsize shall be 8.5 inches by 11 inches. Maximum sheet size shall be 22 inches by 34
inches. Every page in a submittal shall be numbered in sequence. Each copy of a submittal shall
be collated and stapled or bound, as appropriate. The Engineer will not collate sheets or copies.
b) Where product data from a manufacturer is submitted, clearly mark which model is proposed,
with complete pertinent data capacities, dimensions, clearances, diagrams, controls, connections,
anchorage,and supports. Sufficient level of detail shall be presented for assessment of compliance
with the Contract Documents.
c) Each submittal shall be assigned a unique number. Submittals shall be numbered sequentially,and
the submittal numbers shall be clearly noted on the transmittal. Original submittals shall be
assigned a numeric submittal number (e.g., 25). If submittal "25" requires a resubmittal, the first
resubmittal will bear the designation "25.A" and the second resubmittal will bear the designation
"25.B" and so on.
d) If there is a follow-up submittal related to a previously submitted class of material or type of
equipment (e.g., follow-up submittal to submittal"25"),it shall be assigned the number"25.1". If
submittal"25.1"requires a resubmittal,the first resubmittal will bear the designation "25.1.A" and
the second resubmittal will bear the designation "25.1.B" and so on
5. Disorganized submittals that do not meet the requirements of the Contract Documents will be
returned without review.
6. Except as may otherwise be indicated, the Engineer will return prints of each submittal to the
Contractor with comments noted thereon, within 21 Days following receipt by the Engineer. It is
considered reasonable that the Contractor will make a complete and acceptable submittal to the
Engineer by the first resubmittal on an item. The Owner reserves the right to withhold monies due
to the Contractor to cover additional costs of the Engineer's review beyond the first resubmittal.
Engineer's cost for submittal review beyond the first resubmittal is provided in the Special Provisions.
The Engineer's maximum review period for each submittal or resubmittal will be 21 Days.
7. If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision
and resubmission will not be required.
8. If a submittal is returned marked "MAKE CORRECTIONS NOTED," Contractor shall make the
corrections on the submittal,but formal revision and resubmission will not be required, except where
specifically required by Engineer as indicated on the submittal review form.
9. If a submittal is returned marked "AMEND-RESUBMIT," the Contractor shall revise it and shall
resubmit the required number of copies to the Engineer for review. Resubmittal of portions of multi-
page or multi-drawing submittals will not be allowed. For example, if a Shop Drawing submittal
consisting of 10 drawings contains one drawing noted as "AMEND - RESUBMIT," the submittal as
a whole is deemed "AMEND - RESUBMIT," and 10 drawings are required to be resubmitted.
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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:
• Manufacturers' installation instructions
• Manufacturers' and Installers' experience qualifications
• Ready mix concrete delivery tickets
• Design calculations
• Affidavits and manufacturers'certification of compliance with indicated product requirements
• Laboratory analysis results
• 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.
• Manufacturers' field representative certification of proper installation
c) Within 30 Days of the event documented for the following types of submittals:
• Field measurement
• Field test reports
• Receipt of permit
• Receipt of regulatory approval
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3. The Engineer will record the date that a QC submittal was received and review it for compliance with
submittal requirements, but the review procedures above for Shop Drawings and samples will not
apply.
E. Deferred Submittals to Agency
1. For the purposes of this section,Deferred Submittals are defined as those portions of the Project that
are Contractor-designed and must be submitted to the Agency's building official for approval and to
meet Building Permit plan review requirements.
2. The Engineer will schedule a pre-submittal conference with the Contractor and Agency's building
official to discuss proposed Deferred Submittal items, requirements,and review schedule.
3. The Contractor shall list the Deferred Submittals on the title or cover sheet of the Drawings for
submission to the Agency and shall state the design criteria/assumptions of the Deferred Submittal
items on the plans. Deferred Submittals shall include details for connection of materials to the
structure and calculations showing that the specified structural requirements are met.
4. The Contractor shall submit Deferred Submittals to the Engineer for review for general conformance
to the design of the structure.Neither the Agency nor the Engineer is responsible for coordination of
Deferred Submittal components with Contract Documents. Review does not lessen nor shift burden
or responsibility from Contractor or assigned subcontractor/supplier to the Agency or Engineer.The
Engineer,upon confirming the Deferred Submittals are in general conformance with the design, shall
forward the Deferred Submittals to the building official.Contractor is responsible,with no exceptions,
to ensure that building official's Deferred Submittal review will not adversely affect Project's
construction schedule.The Deferred Submittal items shall not be installed by the Contractor until the
design and Deferred Submittals have been approved by the building official.
F. Effect of Review of Contractor's Submittals
1. Review of Contract drawings,methods of work, or information regarding materials or equipment the
Contractor proposes to provide, shall not relieve the Contractor of its responsibility for errors therein
and shall not be regarded as an assumption of risks or liability by the Engineer or the Agency, or by
any officer or employee thereof,and the Contractor shall have no claim under the contract on account
of the failure, or partial failure, of the method of work, material, or equipment so reviewed. An
indication of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean
that the Agency or Engineer has no objection to the Contractor, upon its own responsibility, using
the plan or method of Work proposed, or providing the materials or equipment proposed.
00150.37 Equipment Lists and Other Submittals -The Contractor shall submit Equipment lists, and
other required submittals for approval by the Engineer. With each submittal, the Contractor shall clearly
identify the applicable specification sub-section and the product make, model, size and proposed options.
00150.40 Cooperation and Superintendence by the Contractor -The Contractor is responsible for full
management of all aspects of the Work,including superintendence of all Work by Subcontractors, Suppliers,
and other providers. The Contractor shall appoint a single Superintendent and may also appoint alternate
Superintendents as necessary to control the Work. The form of appointment of the alternate shall state, in
writing, the alternate's name, duration of appointment in the absence of the Superintendent, and scope of
authority. The Contractor shall:
A. Provide for the cooperation and superintendence on the Project by:
1. Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work;
added Work; or changed Work.
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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.
C. The appointed single Superintendent, or any alternate Superintendent shall:
1. 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.
2. 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.
3. Have full authority and responsibility to promptly execute orders or directions of the Engineer.
4. Have full authority and responsibility to promptly supply the Materials, Equipment, labor, and
Incidentals required for performance of the Work.
5. Coordinate and control all Work performed under the Contract,including without limitation the Work
performed by Subcontractors, Suppliers, and Owner Operators.
6. Diligently pursue progress of the Work according to the schedule requirements of Section 00180.
7. Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the
Work.
8. Provide all assistance reasonably required by the Engineer to obtain information regarding the nature,
quantity, and quality of any part of the Work.
9. Provide access,facilities and assistance to the Engineer in establishing such lines,grades and points as
the Engineer requires.
10. Carefully protect and preserve the Engineer's benchmarks and horizontal control locations.
Any Superintendent or alternate Superintendent who repeatedly fails to follow the Engineer's written or oral
orders, directions,instructions, or determinations, shall be subject to removal from the project.
If the Contractor fails or neglects to provide a Superintendent, or an alternate Superintendent, and no prior
approval has been granted, the Engineer has the authority to suspend the Work according to 00180.70. Any
continued Work by the Contractor, Subcontractors, Suppliers, or other providers may be subject to rejection
and removal. The Contractor's repeated failure or neglect to provide the superintendence required by these
provisions constitutes a material breach of the Contract,and the Engineer may impose any remedies available
under the Contract,including but not limited to Contract termination.
00150.50 Cooperation with Utilities
A. General -As specified in the Special Provisions or as shown on the Plans, existing Utilities requiring
adjustment may be adjusted by the Utility before, during, or after Project construction. "Adjustment of
Utilities" shall mean the alteration, improvement, connection, disconnection, relocation, or removal of
existing Utility lines, facilities, or systems in temporary or permanent manner.
B. Contractor's Responsibilities -The Contractor shall:
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1. Follow applicable rules adopted by the Oregon Utility Notification Center;
2. Contact Utility owners after the Contract is awarded to verify all Utilities'involvement on the Project
Site;
3. Coordinate Project construction with the Utilities'planned adjustments,take all precautions necessary
to prevent disruption of Utility service, and perform its Work in the manner that results in the least
inconvenience to the Utility owners;
4. Include all Utility adjustment work, whether to be performed by the Contractor or the Utilities, on
the Contractor's Project Work schedule submitted under 00180.41;
5. Protect from damage or disturbance any Utility that remains within the area in which Work is being
performed;
6. Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect it from
damage or disturbance and promptly notify the Engineer; and
7. Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility
adjustment.
Subject to the Engineer's approval, the Contractor may propose adjustments to the Utilities by asking the
Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the
Special Provisions. The Contractor shall conduct all negotiations,make all arrangements,and assume all costs
that arise from such changes.
C. Notification -This Project is located within the Oregon Utility Notification Center area which is a
Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity
of their facilities. The Utilities notification system telephone number is 811 (or use the old number which
is 1-800-332-2344.
The Contractor shall comply with the rules of the Oregon Utility Notification Center,OAR 952-001-0010
through OAR 952-001-0090, and ORS 757.993. The Contractor may contact the Oregon Utility
Notification Center at 503-232-1987 about these rules.
00150.53 Utilities and Existing Improvements:
A. General - Information shown on the Plans as to the location of existing water courses and utilities has
been compiled from available sources and may not be accurate. The Contractor shall determine the
location and nature of affected water courses, utilities and underground improvements prior to
commencing Work.
The Contractor shall provide for the flow of water courses and essential utilities that may be interrupted
during the progress of the Work and shall restore such water courses or utilities after completion of the
Work.
The Contractor shall be responsible for exploratory excavations as it deems necessary to determine the
exact locations and depths of utilities which may interfere with Work. All such exploratory excavations
shall be performed as soon as practicable after Notice to Proceed and, in any event, a sufficient time in
advance of construction to avoid possible delays to the Contractor's progress. When such exploratory
excavations show the utility location as shown on the Plans to be in error, the Contractor shall so notify
the Engineer.
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.
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The Contractor shall coordinate project construction with the adjustment of utilities, take all necessary
precautions to prevent disturbing the utilities,and perform work so that utility owners and users are caused
a minimum of inconvenience.
The Contractor shall protect underground utilities and other improvements which may be impaired during
construction operations, regardless of whether or the not the utilities are indicated on the Plans. The
Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for
uninterrupted service and to provide such special protection as may be necessary.
To ease or streamline the work,the Contractor may desire to adjust the utilities by asking the utility owners
to move,remove,or alter their equipment in ways other than those shown on the Plans or in the Contract
Documents.The Contractor shall conduct the negotiations,make the arrangements,and pay all costs that
arise from such changes.
B. Utilities to be Removed or Relocated -Where the proper completion of the Work requires the
temporary or permanent removal and/or relocation of the property of any public utility or franchise
holder, such utility company or franchise holder shall be notified by the Contractor to remove or relocate
such property within a specified reasonable time. When utility lines that are to be removed or relocated
are encountered within the area of operations, the Contractor shall notify the utility company and the
Engineer a sufficient time in advance for the necessary measures to be taken to prevent the interruption
of service.
C. Underground Utilities and Improvements Indicated - Existing utility lines and underground
improvements that are indicated or the locations of which are made known to the Contractor prior to
excavation and that are to be retained, and all utility lines and underground improvements that are
encountered during excavation operations shall be protected from damage during excavation and
backfilling and,if damaged, shall be immediately repaired or replaced by the Contractor,unless otherwise
repaired by the owner of damaged utility. If the owner of the damage facility performs its own repairs, the
Contractor shall reimburse said owner for the costs of repair.
D. Underground Utilities and Improvements Not Indicated - In the event that the Contractor damages
existing utility lines or underground improvements that are not indicated in the Plans or marked in the
field, or are not indicated or marked with reasonable accuracy, or the locations of which are not made
known to the Contractor prior to excavation, the Contractor shall immediately provide a verbal report of
such damage to the Engineer, and provide a written report thereof promptly thereafter. The Contractor
shall immediately notify the owner of the damaged utility. If directed by the Engineer, repairs shall be
made by the Contractor under the provisions for changes and extra work contained in the General
Conditions.
This subsection applies only to main line utilities. For service lines to private properties, see Subsection
00150.53E.
For purposes of this section, "reasonable accuracy" is defined as within two (2) feet from the outside
lateral dimensions of both sides of an underground utility or facility from actual location. No
representation shall be made concerning the accuracy of vertical elevations of existing utilities, even if
indicated in the plans, and no additional payment will be made for damage to utilities encountered at
depths differing from those indicated.
E. Underground Services Indicated or Not - If service lines are encountered,whether shown,marked or
not, the Contractor shall take precautions to carefully work around them and repair them if they are
damaged by the Contractor, at no additional cost to the Agency.
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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.
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:
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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 of 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.
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:
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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 00180.50G including notification
of required corrective work(punch list) to be completed prior to Engineer's issuance of Third Notification
(Final Completion).
Within 15 Calendar Days after the Engineer receives the Contractor's written notification that all punch
list items, final trimming and cleanup according to 00140.90 have been completed, the Engineer will
inspect the Project and notify the Contractor that all Work is complete, or within 15 Calendar Days of
inspection will give the Contractor written instruction regarding incomplete or unsatisfactory Work.
B. All Contract Work-The Engineer will issue the Third Notification when the Contractor has satisfactorily
accomplished all of the following:
1. The Contractor has completed all On-Site Work required under the Contract,including the punch list
items from (a) above;
2. The Contractor has removed all Equipment; and
3. The Contractor has submitted all required certifications,bills,forms,warranties and other documents.
4. The Contractor has submitted complete and acceptable "As-Built"drawings as specified in 00140.95.
00150.91 Post-Construction Review-The Contractor or the Engineer may request a Post-Construction
Review meeting, to be held at a time prior to issuance of Third Notification but not earlier than 15 Days
following the date of Second Notification. The meeting may be held if agreed to by both parties. The party
making the request will conduct the meeting, and will announce the time and place of the meeting at least
15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible process
improvements that may benefit future projects.
00150.95 Final Acceptance -After the Engineer completes Final Inspection of all Work including all
corrective work identified by the Agency during the Correction Period, the Agency will acknowledge Final
Acceptance. The Agency will notify the Contractor in writing of the date of Final Acceptance within
7 Calendar Days after Final Acceptance, or as soon thereafter as is practicable.
00150.96 Maintenance Warranties and Guarantees - Prior to Second Notification, the Contractor shall
transfer to the Agency all unexpired manufacturers', suppliers' and installers' warranties and guarantees for
Materials and Equipment installed on the Project. Such warranties and guarantees shall recite that they are
enforceable by the Agency.
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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).
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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 available from ODOT's Construction Section website at:
www.oregon.gov/ODOT/construction/pages/qualified-12roducts.asi2x
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;
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2. Amount of work involved;
3. Time required to obtain Materials; and
4. Other relevant factors.
B. Quantity of Materials - Materials quantities shown on the Plans,or indicated by quantities and Pay Items,
are subject to change or elimination. The Contractor is responsible for payment for excess Materials
delivered to the Project Site or storage sites. Unless otherwise specified in the Contract, the Agency will
not be responsible for:
1. Materials the Contractor may deliver or produce in excess of Contract requirements;
2. Extra expense the Contractor may incur because Materials were not ordered or produced earlier; or
3. The Contractor's expenses related to Materials ordered by the Contractor that are not subsequently
approved for use.
00160.20 Preferences for Materials:
A. Buy America - If federal highway funds are involved on the Project, the Contractor shall limit the
quantity of foreign Materials incorporated into the Work as follows. Section 635.410 of Title 23,Code of
Federal Regulations, and the Intermodal Surface Transportation Efficiency Act require that all iron or
steel manufacturing processes,including without limitation the casting of ingots,for iron or steel Materials
permanently incorporated into the Project shall occur in the United States, unless the cost of foreign-
origin iron or steel Materials does not exceed one-tenth of one percent (0.1%) of the Contract Amount
or$2,500,whichever is greater. The Contractor shall not incorporate foreign-origin iron or steel Materials
in excess of this amount into the Project. All foreign-origin iron or steel Materials incorporated in the
Project in excess of the amount indicated above shall be removed and replaced with domestic iron or steel
Materials at the Contractor's expense. For purposes of this Specification, the cost of foreign-origin iron
or steel Materials shall be the value of the iron or steel products as of the date they are delivered to the
Project Site.
Manufacturing processes include without limitation the application of coatings to finished iron or steel
products or components. Coatings include epoxy coating, galvanizing, painting, and any other coating
that protects or enhances the value of the steel or iron product or component.
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished by
the Engineer, before incorporating any iron or steel products into the Project. Unless a Certificate of
Materials Origin has been provided to the Engineer,the Materials shall be considered of foreign origin.
The Contractor shall retain manufacturers' certificates verifying the origin of all domestic iron or steel
Materials for 3 years after the date of final payment for the Project,and shall furnish copies to the Engineer
upon request.
B. Buy Oregon -According to ORS 279A.120, the Contractor shall give preference to goods or services
produced in Oregon if price, fitness, availability, and quality are equal. This provision does not apply to
Contracts financed wholly or in part by federal funds.
C. Recycled Materials -According to ORS 279A.010,ORS 279A.125,ORS 279A.145,ORS 279A.150,and
ORS 279A.155, and subject to the approval of the Engineer, the Contractor shall use recycled products
to the maximum extent economically feasible.
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.
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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:
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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.
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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 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
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2. Standard Specifications; and
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)
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2. Permit positive determination that Material delivered to the Project is the same Material covered by
the certificate,
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 (C)DOT 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.
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Section 00170 - Legal Relations and Responsibilities
00170.00 General -The Contractor shall comply with all laws, ordinances, codes, regulations and rules,
(collectively referred to as "Laws" in this Section), that relate to the Work or to those engaged in the Work.
Where the provisions of the Contract are inconsistent or in conflict, the Contractor shall comply with the
more stringent standard.
The Contractor shall indemnify, defend, and hold harmless the Agency and its representatives from liability
arising from or related to the violation of Laws by those engaged in any phase of the Work. This provision
does not apply to Work performed by Agency employees.
In any litigation, the entire text of any order or permit issued by a governmental or regulatory authority, as
well as any documents referenced or incorporated therein by reference, shall be admissible for the purpose of
Contract interpretation.
The Contract shall not be construed against either party regardless of which party drafted it. Other than as
modified by the Contract,the applicable rules of contract construction and evidence shall apply. This Contract
shall be governed by and construed according to the laws of the State of Oregon without regard to principles
of conflict of laws.
Any dispute between the Agency and the Contractor that arises from or relates to this Contract and that is
not resolved under the provisions of Section 00199 shall be brought and conducted solely and exclusively
within the Circuit Court for the State of Oregon in the county where the Agency's main office is located;
provided, however, if a dispute must be brought in a federal forum, then it shall be brought and conducted
solely and exclusively within the United States District Court for the District of Oregon. In no event shall
this Subsection be construed as a waiver by the State of Oregon on any form of defense or immunity,whether
sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the
Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.
CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN
PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION.
00170.01 Other Agencies Affecting Agency Contracts -Representatives of regulatory bodies or units of
government whose Laws may apply to the Work shall have access to the Work according to 00150.20(d).
These may include but are not limited to those in the following A,B, C, and D.
A. Federal Agencies:
Agriculture,Department of
Forest Service
Natural Resource Conservation Service
Army,Department of the
Corps of Engineers
Commerce,Department of
National Marine Fisheries Service
Defense,Department of
Energy, Department of
Environmental Protection Agency (EPA)
Federal Energy Regulatory Commission
Geology Survey
Health and Human Services,Department of
Homeland Security,Department of
U.S. Coast Guard (USCG)
Housing and Urban Development,Department of
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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
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D. Oregon Federally Recognized Tribal Governments:
Burns Paiute Tribe
Confederated Tribes of Coos,Lower Umpqua and Siuslaw Indians
Confederated Tribes of Grand Ronde
Confederated Tribes of Siletz
Confederated Tribes of Umatilla Indian Reservation
Confederated Tribes of Warm Springs
Coquille Tribe
Cow Creek Band of Umpqua Indians
Klamath Tribe
00170.02 Permits, Licenses, and Taxes -As required to accomplish the Work,the Contractor shall do the
following:
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,to use such design,device,material or
process.
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
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Contractor or Agency may be obligated to pay as a result of such infringement during or after completing the
Work.
00170.05 Assignment of Antitrust Rights -The Contractor irrevocably assigns to the Agency any claim for
relief or cause of action the Contractor acquires during the term of the Contract, or which may accrue
thereafter, by reason of any violation of:
A. Title 15 (Commerce and Trade), United States Code;
B. ORS 646.725; or
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:
A. In advance, of its intention to commence any action involving such claims for relief or causes of action;
B. 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;
C. 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
D. 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 734-010-0400. 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:
1. Bidding estimates and records,worksheets,tabulations or similar documents.
2. Job cost detail reports,including monthly totals.
3. 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.
4. Records that identify the Equipment used by the Contractor and subcontractors in the performance
of the Contract or subcontracts,including without limitation,Equipment lists, rental contracts and
any records used in setting rental rates.
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5. Invoices from vendors, rental agencies, and subcontractors.
6. Material quotes,invoices,purchase orders and requisitions.
G. Contracts with subcontractors and contracts with Material Suppliers,Suppliers and providers of rented
equipment.
H. Contracts or documents of other arrangements with any Related Entity as defined in OAR 734-010-
0040.
I. General ledger.
J. Trial Balance.
K. Financial statements (including without limitation the balance sheet, income statement, statement of
cash flows, and financial statement notes).
L. Income tax returns.
M. 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.
1. Daily time sheets and supervisor's daily reports.
2. Collective bargaining agreements.
3. Earnings records.
4. Journal entries and supporting schedules.
5. Insurance,welfare, and benefits records.
6. Material cost distribution worksheet.
7. Subcontractors' and lower tier subcontractors' payment certificates.
8. Payroll and vendor's cancelled checks.
9. Cash disbursements journal.
10. All documents related to each and every claim together with all documents that support the amount
of damages as to each claim.
11. 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.
12. 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
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Concrete and the supply and fabrication of structural steel items or Material Suppliers that provide
Material quotes and Related Entities as defined in OAR 734-010-0400.
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 734-
010-0400(9). During the record retention period the Engineer, employees of the Agency, representatives
of the Agency, or representatives of regulatory bodies or units of government may:
1. Inspect, examine and copy or be provided a copy of all Contractor records;
2. Audit the records, a Contract or the performance of a Contract;
3. Inspect, examine and audit the records when, in the Agency's sole discretion, the records may be
helpful in the resolution of any claim, litigation, administrative proceeding or controversy arising out
of or related to a Contract.
Reasons for access to audit,inspect,examine and copy records include without limitation,general auditing,
reviewing claims, checking for collusive bidding, reviewing or checking payment of required wages,
performance and contract compliance, workplace safety compliance, evaluating related Entities,
environmental compliance, and qualifications for performance of the Contract, including the ability to
perform and the integrity of the Contractor.
Where such records are stored in a computer or in other digital media, the Engineer may request,and the
Contractor shall provide,a copy of the data files and such other information or access to software to allow
the Engineer review of the records.
Nothing in 00170.07 is intended to operate as a waiver of the confidentiality of any communications
privileged under the Oregon Evidence Code. Nothing in 00170.07 limits the records or documents that
can be obtained by legal process.
C. Record Retention Period -The Contractor shall maintain the records and keep the records accessible
and available at reasonable times and places for at least 3 years from the date of final payment under the
Contract, or until the conclusion of all audits, litigation, administrative proceedings, disputes and claims
arising out of or related to the Contract,whichever date is later.
D. Public Records Requests - If records provided under this section contain any information that may be
considered exempt from disclosure as a trade secret under either ORS 192.501(2) or ORS 646.461(4), or
under other grounds specified in Oregon Public Records Law, ORS 192.410 through ORS 192.505, the
Contractor shall clearly designate on or with the records the portions which the Contractor claims are
exempt from disclosure,along with a justification and citation to the authority relied upon. Entire records
or documents should not be designated as a trade secret or otherwise exempt from disclosure. Only
specific information within a record or document should be so designated.
To the extent allowed by the Oregon Public Records Law or other applicable law related to the disclosure
of public records,Agency will not disclose records or portions of records the Contractor has designated
as trade secrets to a third party, who is not a representative of the Agency, to the extent the records are
exempt from disclosure as trade secrets under the Oregon Public Records Law or other applicable law,
except to the extent Agency is ordered to disclose in accordance with the Oregon Public Records Law or
by a court of competent jurisdiction. Application of the Oregon Public Records Law or other applicable
law shall determine whether any record, document or information is actually exempt from disclosure.
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 00170.0713,without providing the Contractor a copy of the public records
request,unless:
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The Contractor consents to such disclosure; or
Agency is prohibited by applicable law or court order from providing a copy of the public records request
to the Contractor.
00170.10 Required Payments by Contractors -The Contractor shall comply with ORS 279C.505 and ORS
279C.515 during the term of the Contract.
A. Prompt Payment by Contractor for Labor and Materials - As required by ORS 279C.505, the
Contractor shall:
1. Make payment promptly, as due, to all Entities supplying labor or Materials under the Contract;
2. Pay all contributions or amounts due the Industrial Accident Fund,whether from the Contractor or
a subcontractor,incurred in the performance of the Contract;
3. Not permit any lien or claim to be filed against the State or any political subdivision thereof, on
account of any labor or Material furnished in performance of the Contract;and
4. Pay to the Department of Revenue all sums withheld from employees according to ORS 316.167.
B. Prompt Payment by Contractor to First-Tier Subcontractor(s) -According to ORS 279C.580(3)(a),
after the Contractor has determined and certified to the Agency that one or more of its Subcontractors
has satisfactorily performed subcontracted Work, the Contractor may request payment from the Agency
for the Work, and shall pay the Subcontractor(s) within 10 Calendar Days out of such amounts as the
Agency has paid to the Contractor for the subcontracted Work.
C. Interest on Unpaid Amount - If the Contractor or a first-tier Subcontractor fails, neglects, or refuses
to make payment to an Entity furnishing labor or Materials in connection with the Contract within
30 Days after the Contractor's receipt of payment,the Contractor or first-tier Subcontractor shall owe the
Entity the amount due plus interest charges that begin at the end of the 10 day period within which
payment is due under ORS 279C.580(3) and that end upon final payment,unless payment is subject to a
good-faith dispute as defined in ORS 279C.580(5)(b). The rate of interest on the amount due shall be in
accordance with ORS 279C.515(2). The amount of interest shall not be waived.
D. Agency's Payment of the Contractor's Prompt Payment Obligations - If the Contractor fails,
neglects or refuses to make prompt payment of any invoice or other demand for payment for labor or
services furnished to the Contractor or a Subcontractor by any Entity in connection with the Contract as
such payment becomes due, the Agency may pay the Entity furnishing the labor or services and charge
the amount of the payment against monies due or to become due the Contractor under the Contract.
(The Agency has no obligation to pay these Entities, and Agency will not normally do so, but will refer
them to the Contractor and the Contractor's Surety.)
The payment of a claim by the Agency in the manner authorized in this Subsection shall not relieve the
Contractor or the Contractor's Surety from obligations with respect to any such claims.
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.
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The Commissioner of the Bureau of Labor and Industries (BOLI) may have a right of action on the
Contractor's and Subcontractors'public works bonds and Payment Bonds for workers who have not been
paid in full, as provided in ORS 279C.600 and ORS 279C.605.
00170.20 Public Works Bond—If the original Contract Amount is $100,000 or greater,then before starting
work,or if the Contract Amount is amended to a Contract Amount$100,000 or greater,and unless otherwise
exempt under ORS 279C.836(4), (7) — (9), the Contractor, shall file a public works bond with the Oregon
Construction Contractors Board in the amount required by ORS 279C.836 [$30,000 (1970)] before starting
or continuing Work on the project. Further,the Contractor shall then include in every subcontract a provision
requiring the subcontractor to have a public works bond filed with the Oregon Construction Contractors
Board in the amount required by ORS 279C.836 [$30,000 (1970)] before starting work, or if the Contract
Amount is amended to $100,000 or above, before continuing Work on the project. ORS 279C830(3)(A,B).
The Contractor shall verify subcontractors have filed a public works bond before the subcontractor begins
Work.
00170.32 Protection of Navigable Waters -The Contractor shall comply with all applicable Laws,including
without limitation the Federal River and Harbor Act of March 3, 1899 and its amendments.
The Contractor shall not interfere with waterway navigation or impair navigable depths or clearances, except
as U.S. Coast Guard or Corps of Engineer permits allow.
00170.60 Safety, Health, and Sanitation Provisions -The Contractor shall comply with all Laws
concerning safety, health, and sanitation standards. The Contractor shall not require workers to perform
Work under conditions that are hazardous, dangerous, or unsanitary.
Workers exposed to traffic shall wear upper body garments or safety vests that are highly visible and meet the
requirements of 00225.25.
Workers exposed to falling or flying objects or electrical shock shall wear hard hats.
Upon their presentation of proper credentials, the Contractor shall allow inspectors of the U.S. Occupational
Safety and Health Administration (OSHA) and the Oregon Occupational Safety and Health Division (OR-
OSHA) to inspect the Work and Project Site without delay and without an inspection warrant.
According to ORS 468A.715 and ORS 468A.720, the Contractor or a Subcontractor who performs Project
Work involving asbestos abatement shall possess a valid DEQ asbestos abatement license.
00170.61 Industrial Accident Protection:
A. Workers' Compensation -The Contractor shall provide workers' compensation coverage for on-the-
job injuries as required by 00170.70A.
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. It is a material term of this Contract that the Contractor
certifies by entering into this Contract that the Contractor has a written policy and practice that meets the
requirements described in Chapter 212, Oregon Laws 2017 (House Bill 3060) for preventing sexual
harassment, sexual assault and discrimination against employees who are members of a protected class and
that the Contractor shall maintain the policy and practice in force during the entire term of this contract.
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
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the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that
the Contractor collected or deducted from the wages of employees under any law, contract or agreement for
the purpose of providing or paying for the services.
00170.65 Minimum Wage and Overtime Rates for Public Works Projects:
A. General -The Contractor is responsible for investigating local labor conditions. The Agency does not
imply that labor can be obtained at the minimum hourly wage rates specified in State or federal wage rate
publications,and no increase in the Contract Amount will be made if wage rates paid are more than those
listed.
B. State Prevailing Wage Requirements -The Contractor shall comply with the prevailing wage
provisions of ORS 279C.800 through ORS 279C.870.
1. Minimum Wage Rates—The Bureau of Labor and Industries (BOLI) determines and publishes the
existing State prevailing wage rates in the publication "Prevailing Wage Rates for Public Works
Contracts in Oregon". The Contractor shall pay workers not less than the specified minimum hourly
wage rate according to ORS 279C.838 and ORS 279C.840 and shall include this requirement in all
subcontracts.
See the Project Wage Rates page included with the Contract Booklet for additional information about
which wage rates apply to the project and how to access the applicable wage rates
2. Payroll and Certified Statements — As required in ORS 279C.845, the Contractor and every
subcontractor shall submit written certified statements to the Engineer on the form prescribed by the
Commissioner of BOLI in OAR 839-025-0010 certifying compliance with wage payment
requirements and accurately setting out the Contractor's or subcontractor's weekly payroll records for
each worker employed upon the project.
The Contractor and subcontractors shall preserve the certified statements for a period of 6 years from
the date of completion of the Contract
3. Additional Retainage:
a) Agency—As required in ORS 279C.845(7) the Agency will retain 25% of any amount earned by
the Contractor on the project until the Contractor has filed the certified statements required in
ORS 279C.845 and in FHWA Form 1273, if applicable. The Agency will pay to the Contractor
the amount retained within 14 Days after the Contractor files the required certified statements,
regardless of whether a subcontractor has failed to file certified statements.
b) Contractor— As required in ORS 279C.845 (8) the Contractor shall retain 25% of any amount
earned by a first tier subcontractor on the project until the first tier subcontractor has filed with
the Agency the certified statements required in ORS 279C.845 and in FHWA Form 1273, if
applicable. Before paying any amount retained, the Contractor shall verify that the first tier
subcontractor has filed the certified statement. Within 14 Days after the first tier subcontractor
files the required certified statement the Contractor shall pay the first tier subcontractor any
amount retained.
4. Owner/Operator Data— For a project funded by the FHWA, the Contractor shall furnish data to
the Engineer for each owner/operator providing trucking services. Furnish the data before the time
the services are performed and include without limitation for each owner/operator:
a) Drivers name;
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b) Copy of driver's license;
c) Vehicle identification number;
d) Copy of vehicle registration;
e) Motor vehicle license plate number;
Motor Carrier Plate Number;
g) Copy of ODOT Motor Carrier 1A Permit; and Name of owner/operator from the side of the
truck
C. State Overtime Requirements -As a condition of the Contract, the Contractor shall comply with the
pertinent provisions of ORS 279.520 and 279C.540.
1. Maximum Hours of Labor and Overtime Pay -According to ORS 279C.540, no person shall be
employed to perform Work under this Contract for more than 10 hours in any 1 Day, or 40 hours in
any 1 week, except in cases of necessity, emergency, or where public policy absolutely requires it. In
such instances, the Contractor shall pay the employee at least time and a half pay:
a) For all overtime in excess of 8 hours a day or 40 hours in any 1 week when the work week is 5
consecutive days, Monday through Friday; or
b) For all overtime in excess of 10 hours a day or 40 hours in any 1 week when the work week is 4
consecutive days,Monday through Friday; and
c) For all Work performed on Saturday and on any legal holiday specified in ORS 279C.540
For additional information on requirements for overtime and establishing a work schedule see OAR 839-
025-0050 and OAR 839-025-0034.
2. Notice of Hours of Labor-The Contractor shall give written notice to employees of the number of
hours per day and days per week the employees may be required to work. Provide the notice either
at the time of hire or before commencement of work on this Contract, or by posting a notice in a
location frequented by employees.
3. Exception -The maximum hours of labor and overtime requirements under ORS 279C.540 will not
apply to the Contractor's Work under this Contract if the Contractor is a party to a collective
bargaining agreement in effect with any labor organization. For a collective bargaining agreement to
be in effect it shall be enforceable within the geographic area of the project,and its terms shall extend
to workers who are working on the project (see OAR 839-025-0054).
D. State Time Limitation on Claim for Overtime -According to ORS 279C.545, any worker employed
by the Contractor is foreclosed from the right to collect any overtime provided in ORS 279C.540 unless
a claim for payment is filed with the Contractor within 90 Days from the completion of the contract,
provided the Contractor posted and maintained a circular as specified in this provision. Accordingly, the
Contractor shall:
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.
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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
3. Payroll and Certified Statements — In addition to providing the payroll information and certified
statements required under ORS 279C.845 (see 00170.65B.2), the Contractor and every subcontractor
shall submit written certified statements that also meet the requirements in Section IV of FHWA
Form 1273 except the Contractor and every subcontractor shall preserve the certified statements for
a period of 6 years from the date of completion of the Contract.
4. Overtime -With regard to overtime pay, the Contractor shall comply with the overtime provision
affording the greatest compensation required under 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 00170.85B.
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.
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00170.79 Third Party Beneficiary-There are no third-party beneficiaries of the Contract, unless federal
transportation funding is involved then the State of Oregon,the Oregon Transportation Commission and the
Oregon Department of Transportation and their respective officers and members and employees, are third-
party beneficiaries of the Contract.
00170.80 Responsibility for Damage to Work:
A. Responsibility for Damage in General -The Contractor shall perform Work,and furnish Materials and
Equipment for incorporation into the Work,at the Contractor's own risk,until the entire Project has been
completed and until Final Completion as determined by the Agency. The Contractor shall repair all
damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as
otherwise provided in this Section.
B. Repair of Damage to Work- Until Final Completion, the Contractor shall promptly rebuild, repair,
restore, and make good damages to all portions of the permanent or temporary Work. The Contractor
shall perform all repairs of damage to Work at no additional cost to the Agency, except for repairs
necessitated by damage caused by:
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:
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1. Provide adequate protection to avoid damaging Agency property and facilities;
2. Be responsible for damage to Agency property and facilities caused by or resulting from the
Contractor's operations; and
3. Clean up and restore such damage by repair,rebuilding,replacement,or compensation,as determined
by the Engineer.
C. Protection and Restoration of Non-Agency Property and Facilities -The Contractor shall determine
the location of properties and facilities that could be damaged by the Contractor's operations, and shall
protect them from damage. The Contractor shall protect monuments and property marks until the
Engineer has referenced their location and authorized their removal. The Contractor shall restore
property or facilities damaged by its operations to the condition that existed before the damage, at no
additional compensation.
The Contractor shall provide temporary facilities when needed, e.g., to maintain normal service or as
directed by the Engineer,until the required repair,rebuilding, or replacement is accomplished.
The Contractor shall protect specific service signs, e.g., business logos, and tourist-oriented directional
signs (TODS) from damage,whether the signs are to remain in place or be placed on temporary supports.
The Contractor shall repair or replace damaged signs at no cost to the Agency. Liquidated damages will
be assessed against the Contractor in the amount of$200 per day for each sign out of service for more
than 5 Calendar Days because of the Contractor's operations.
00170.85 Responsibility for Defective Work -The Contractor shall make good any defective Work,
Materials or Equipment incorporated into the Work,according to the provisions of Section 00150.
A. Latent Defects -The Contractor shall remain liable for all latent defects resulting from causes other than
fraud or gross mistakes that amount to fraud until the expiration of all applicable statutes of limitation
and ultimate repose,the Performance Bond,Warranty Bond,or Correction Period,whichever expires last.
The Contractor shall remain liable for all latent defects resulting from fraud or gross mistakes that amount
to fraud regardless of when those latent defects may be discovered, and regardless of whether such
discovery occurs outside any applicable statutes of limitation or ultimate repose or any applicable
Performance Bond,Warranty Bond, or Correction Period.
B. Correction Period for Agency Projects -The Contractor shall warrant all Work and workmanship,
including Changed Work, Additional Work, Incidental Work, On-Site Work, and Extra Work, and
Materials and Equipment incorporated in the Work, for one year from the date of Second Notification
(Correction Period), except that manufacturers', installers' or suppliers' warranties and extended
warranties according to 00170.85C 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
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Contractor or the Contractor's Surety fails to correct and repair the defects, the Agency may have the
correction and repair done by others. The Contractor or Contractor's Surety shall promptly reimburse
the Agency for all expenses incurred to correct and repair the defects.
In the event of an emergency,where delay could result in serious loss or damage, the Agency may make
emergency corrections and repairs, without written notice. The Contractor or Contractor's Surety shall
promptly reimburse the Agency for all expenses incurred to correct and repair the defects.
Corrections,repairs,replacements or changes shall be warranted for an additional 1 year period beginning
on the date of the Agency's acceptance of the corrections,repairs, replacements or changes.
Without limiting the general applicability of other survival clauses under the Contract, this warranty
provision shall survive expiration or termination of the Contract.
C. Manufacturer, Supplier or Installer Warranties and Guarantees:
1. Manufacturer, Supplier or Installer Warranties - For those Specification Sections referencing this
00170.85C.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
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repair of all Utilities and Utility services, as required under 00150.50, and of Railroad and fire-control
property and railways.
The Contractor shall conduct no activities of any kind around fire hydrants until the local fire-control
authority has approved provisions for continued service.
The Contractor shall immediately notify any Utility, Railroad, or fire-control authority whose facilities
have been damaged.
If an Entity has a valid permit from the proper authority to construct, reconstruct, or repair Utility,
Railroad, or fire-control service in the Roadway, the Contractor shall allow the permit holder to perform
the work.
B. Restoration of Roadway after Repair Work -The Contractor shall restore the Roadway to a condition
at least equal to that which existed before the repair work addressed under this Subsection was performed,
as directed by the Engineer. All restoration work required as a result of Contractor's failure to protect
Utilities, Railroads, railways and fire-control facilities shall be at the Contractor's expense. Restoration
which constitutes Extra Work will be paid as Extra Work.
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations -The Contractor shall be
responsible for loss,injury, or damage that results from its failure to restrain stock and persons.
A. At the Contractor's Expense -The Contractor shall restrain stock to lands on which they are confined
using temporary fences or other adequate means. The Contractor shall provide adequate temporary fences
or other protection around excavations to prevent animals and unauthorized persons from entering.
The Contractor shall repair, at Contractor's expense and to the Engineer's satisfaction, fences damaged
by the Contractor's operations and the operations of the Contractor's agents, employees and
Subcontractors.
B. At the Agency's Expense -The Contractor shall construct fences, or move and reconstruct fences, as
shown on the Contract Documents or as directed by the Engineer. The Contractor shall tear down and
remove fencing within the Right-of-Way when no longer needed, as part of the removal Work described
in and paid for according to Section 00310.
00170.93 Trespass -The Contractor shall be responsible for its own, its agents' and employees', and its
Subcontractors' trespass or encroachment upon, or damage to,property during performance of the Contract.
00170.94 Use of Explosives -The Contractor shall comply with all Laws pertaining to the use of explosives.
The Contractor shall notify anyone having facilities near the Contractor's operations of Contractor's intended
use or storage of explosives. The Contractor shall be responsible for all damage resulting from its own, its
agents' and employees', and its Subcontractors' use of explosives. (see 00330.41(e) and Section 00335).
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Section 00180 - Prosecution and Progress
00180.00 Scope -This Section consists of requirements for assignment of the Contract, subcontracting,time
for performance, Contract responsibility, suspensions, terminations, and related provisions.
00180.05 Assignment/Delegation of Contract -Unless the Agency gives prior written consent, the
Contractor shall not assign,delegate,sell,or transfer to any Entity,or otherwise dispose of any Contract rights
or obligations,including without limitation:
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:
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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.
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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 00180.21B.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 00170.10C.
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 00180.21B.1 and
00180.21B.4) in each of the first-tier Subcontractor's subcontracts and to require each of the first-tier
Subcontractor's subcontractors to include such clauses in their subcontracts with each lower-tier
subcontractor or Material supplier.
These payment clauses shall require the Contractor to return all retainage withheld from the
Subcontractor,whether held by the Contractor or the Agency, as specified in 00195.50D.
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.
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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 00180.90A.
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.
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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:
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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:
• Identify the sequencing of activities and time required for prosecution of the Work.
• Provide for orderly, timely, and efficient prosecution of the Work.
• Contain sufficient detail to enable both the Contractor and the Engineer to plan,coordinate,analyze,
document, and control their respective Contract responsibilities.
The supplemental"look ahead" Project Work schedule shall be written in common terminology and show the
planned Work activities broken down into logical, separate activities by area, stage, and size and include the
following information:
• The resources the Contractor, subcontractors, or services will use.
• The locations of each activity that will be done including the limits of the work by mile posts, stations,
or other indicators.
• The time frames of each activity by Calendar Days, shifts, and hours.
• All anticipated shoulder,lane, and road closures.
At a minimum,the Contractor shall prepare a bar chart that:
• Shows at least 3 weeks of activity including the week the bar chart is issued.
• Uses a largest time scale unit of 1 Calendar Day. Smaller time scale units may be used if needed.
• Is appropriate to the activities.
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• Identifies each Calendar Day by month and day.
Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar
chart.
The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First
Notification and continuing until Second Notification has been issued and all punch list items and final
trimming and clean-up has been completed. The Contractor shall meet with the Engineer to review the
supplemental "look ahead" Project Work schedule. If the Engineer or the Contractor determines that the
current supplemental "look ahead" Project Work schedule requires changes or additions, either notations can
be made on the current schedule or the Engineer may require the submittal of a revised supplemental "look
ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project
Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the
Contract.
One of the following Type "A", "B", or "C" schedules will be required under the Contract. 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.
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Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
Each page of the bar chart shall include a title block showing the Contract name and number,Contractor's
name, date of original schedule, and all update dates; and a legend containing the symbols used, their
definitions, and the time scale, shown graphically. To ensure readability the bar chart shall be drawn on
a reasonable size of paper up to a maximum of 36 inch by 36 inch, using multiple sheets when needed.
Within 7 Calendar Days after the preconstruction conference,the Engineer and the Contractor shall meet
to review the Project Work schedule as submitted. The Engineer will review the schedule for compliance
with all Contract Time limitations and other restraints. Review of this and subsequent schedules by the
Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the
Contract. Within 10 Calendar Days of this meeting, the Contractor shall resubmit to the Engineer four
copies of the Project Work schedule,including required revisions.
2. Review by the Engineer -The Project Work schedule may need revision as the Work progresses.
Therefore, the Contractor shall periodically review the Project Work schedule and progress of the
Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule
no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be
held between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer
shall review Project events and any changes for their effect on the Project Work schedule.
The Contractor shall compile an updated Project Work schedule incorporating any changes to the
Project completion time(s).The bar chart shall reflect the updated information.The Contractor shall
submit four copies of the updated Project Work schedule to the Engineer within 7 Calendar Days
after the meeting. The report shall include without limitation the following:
a) Sufficient narrative to describe the past progress, anticipated activities, and stage Work;
b) A description of any current and expected changes or delaying factors and their effect on the
construction schedule; and
c) Proposed corrective actions.
B. Type "B" Schedule -When a Type "B Schedule is required, the Contractor shall do the following:
1. Initial Schedule - Calendar Days prior to the preconstruction conference, the Contractor shall
provide to the Engineer four copies of a time-scaled bar chart Project Work schedule showing:
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;
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c) Submittal and approval of Material samples and shop drawings;
d) Procurement of critical Materials;
e) Fabrication,installation, and testing of special Material and Equipment;and
� 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.
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.
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The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report period, including shop drawings,Material procurement, and Contract
Change Orders that have been issued. Information shall include commencement and completion
dates on activities started or completed, or if still in progress, the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes,Additional Work,and
Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary
activities and logic connectors to describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as
those restrained by it.
The Contractor shall evaluate this information and compare it with the Contractor's project
schedule. If necessary, the Contractor shall make an updated bar chart schedule to incorporate
the effect changes may have on the Project completion time(s). For any activity that has started,
the Contractor shall add a symbol to show the actual date the activity started and the number of
normal workdays remaining until completion. For activities that are finished, a symbol shall be
added to show the actual date. The Contractor shall submit one digital and four paper copies of
the updated bar chart to the Engineer within 7 Days after the progress meeting, along with a
progress report as required by (b) below.
b) Progress Report -The Contractor shall submit a progress report to the Engineer each month.
The report shall include the following:
1) Sufficient narrative to describe the past progress, anticipated activities, and stage Work;
2) A description of any current and expected changes or delaying factors and their effect on the
construction schedule; and
3) Proposed corrective actions.
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
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(CPM) network Project Work schedule shall also contain a listing of the quantity of Work for each
activity,when appropriate,in common units of measure.
Detailed work schedule activities shall include the following:
a) Construction activities;
b) Any limitations of operation specified in 00180.40;
c) The time needed for completion of the utility relocation work;
d) Implementation of TCP for each stage and phase;
e) Submittal and approval of Material samples, mix designs, and shop drawings;
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:
a) Event (node) number(s) for each activity;
b) Maintain event (node) numbers throughout the Project;
c) Activity description;
d) Original duration of activities (in normal workdays);
e) Estimated remaining duration of activities (in normal workdays);
f} Earliest start date and actual start date (by calendar date);
g) Earliest finish date and actual finish date (by calendar date);
h) Latest start date (by calendar date);
i) Latest finish date (by calendar date); and
j) Slack or float time (in workdays).
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Computer print-outs shall consist of at least a node sort and an "early start/total-float" sort.
Within 14 Calendar Days after submission of the detailed time-scaled critical path method (CPM)
network Project Work schedule, the Engineer and the Contractor shall meet to review the detailed
time-scaled critical path method (CPNnetwork 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 (CPN network Project Work schedule,
including required revisions.
This first accepted detailed time-scaled critical path method (CPN 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:
a) Plans for staging the project.
b) All critical activities.
c) All near critical activities defined as those with less than 30 Days of float.
d) All subcontractor activities that are critical,near critical,and those that are greater than two weeks
in duration.
e) Labor resourcing, by stage and phase, to include the number of crews, average crew size and
planned night/weekend shifts including that of subcontractors.
f} Equipment allocation, by stage and phase to include mobilization, demobilization and planned
activities including that of subcontractors.
g) 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.
h) 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.
i) Submittal and approval of material samples, mix designs, and shop drawings.
j) Procurement of critical materials.
k) Plans for dealing with "unique" construction items.
1) Coordination of utilities and any immediate concerns for impacts/delays.
m) Constructability issues.
n) Cost Reduction Proposals and/or immediate requests for changes to the specifications.
o) 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
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Contractor's own plans or expected time for the Work, a meeting shall be held between the
Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review
Project events and any changes for their effect on the accepted Project Work schedule. After any
necessary action has been agreed upon,the Contractor shall make required changes to the accepted
Project Work schedule and associated Project narrative. Upon acceptance by the Engineer, this
will become the new accepted Project Work schedule and associated Project narrative.
The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report period, including shop drawings, Material procurement, and Contract
Change Orders that have been issued. Information shall include actual start and completion dates on
activities started or completed, or if still in progress, the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and
Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary
activities and logic connectors to describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as those
restrained by it. The procedure for acceptance of the revised or updated Project Work schedule as
the new accepted Project Work schedule will be as provided above.
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,
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a request for adjustment of Contract Time according to 00180.80(c). A request for an adjustment of
Contract Time will be evaluated using the most recently accepted Project Work schedule.
F. Float Time - Float time shown on the Project Work schedule,including any time between a Contractor's
scheduled completion date and the specified Contract Time(s), does not exist for the exclusive use of
either party to the Contract and belongs to the Project.
G. Schedules Do Not Constitute Notice - Submittal of a Project Work schedule,with supporting Project
narrative, does not constitute or substitute for any notice the Contractor is required under the terms of
the Contract to give the Agency.
H. Failure to Provide Schedule -The Project Work schedule is essential to the Agency. The Contractor's
failure to provide the schedule, schedule information, progress reports, Project narratives, or schedule
updates when required will be cause to suspend the Work,or to withhold Contract payments as necessary
to protect the Agency,until the Contractor provides the required information to the Engineer.
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. Contractor shall advise Engineer within two days of receipt of meeting
minutes if Contractor does not agree with content of minutes.
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G. Progress Meetings
1. Purpose of Progress Meetings: To expedite Work of Subcontractors or other organizations that are
not meeting scheduled progress,resolve conflicts,and coordinate and expedite execution of the Work.
2. Attend regularly scheduled bi-weekly progress meetings conducted by Engineer.
3. Review progress of the Work, Progress Scheduled, 3-week look-ahead schedule, narrative report,
Application for Payment,record documents,and additional items of current interest that are pertinent
to execution of the Work.
4. Verify:
a) Actual start and finish dates of completed activities since last progress meeting.
b) Durations and progress of activities not completed.
c) 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.
5. Review status of Requests for Clarification/Information and Submittals review.
6. Discuss Project safety and security.
7. Discuss traffic control.
8. Discuss potential problems which may impede scheduled progress and corrective measures.
H. Coordination Meetings
1. Purpose of Coordination Meetings: To coordinate the Work of this Contract with the Work of the
Agency and with Work of other Contractors.
I. Pre-Event Meetings
1. Prior to start of critical activities, the Contractor shall schedule a meeting with Engineer to review
applicable specifications and drawings, coordination of inspection requirements and other key
activities.
J. Pre-Survey Conference
1. The Contractor, applicable Subcontractors, Contractor's surveyor, Agency and Agency's surveyor
shall meet with the Engineer two weeks prior to beginning survey work. The purpose of the meeting
is to discuss methods and practices of accomplishing the survey work.
K. Other Meetings
1. The Contractor shall prepare for and attend other meetings as identified elsewhere in the Contract
Documents.
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00180.50 Contract Time to Complete Work:
A. General -The time allowed to complete the Work or Pay Item is stipulated in the Special Provisions, and
will be known as the "Contract Time". (see 00110.20)
B. Kinds of Contract Time -The Contract Time will be expressed in one or more of the following ways
1. Fixed Date Calculation -The calendar date on which the Work or Pay Item shall be completed; or
2. Calendar Day Calculation -The number of Calendar Days from a specified beginning point in
which the Work or Pay Item shall be completed.
3. Work Day Calculation—The number of Work Days from a specified beginning point in which the
Work or Pay item shall be completed.
C. Beginning of Contract Time -When the Contract Time is stated in Calendar Days,counting of Contract
Calendar Days will begin with the first Calendar Day following the date of the Notice to Proceed. When
the Contract Time is stated in Work Days,counting of Contract Work Days will begin with the first Work
day following the date of the Notice to Proceed.
D. Recording Contract Time -All Contract Time will be recorded and charged to the nearest one-half Day.
Contract Times may be extended because of delays in the completion of the Work due to abnormal
weather conditions provided that the Contractor shall, within 10 days of the beginning of such delay,
notify Engineer in writing of the cause of the delay and request an extension of time. Such requests shall
be accompanied with supporting documentation referenced to the NOAA INDEX weather in the Project
vicinity. Engineer will make recommendations to Agency to extend the Contract Times for completing
the Work when,in Engineer's judgment,the findings of facts and extent of delay justify such an extension.
Contractor shall not be entitled to any additional compensation of any kind arising out of or relating to
abnormal weather conditions.
On Contracts with Calendar Day or Work Day counts, the Engineer will furnish the Contractor a weekly
statement of Contract Time charges. The statement will show the number of Calendar Days counted for
the preceding week and the number of Calendar Days remaining prior to the established completion date.
For Contracts with fixed completion dates or fixed milestone completion dates for Pay Items, the
Engineer will furnish the Contractor a weekly statement of Contract Time charges only after expiration
of the Contract Time. The statement will show the number of Calendar Days of liquidated damages that
have been assessed,if any.
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
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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
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), 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 00180.50E 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
00180.50E 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.
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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;
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 00150.40B.
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 00180.50E. 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.
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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:
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
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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);
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 00180.80C. 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 00180.90A, 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:
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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;
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:
1. Relieved of liability for damages or losses suffered by the Agency because of the Contractor's breach
of Contract; or
2. 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:
1. Terminate the Contract;
2. Substitute the Contractor with another Entity to complete the Contract;
3. Take possession of the Project Site;
4. Take possession of Materials on the Project Site;
5. Take possession of Materials not on the Project Site, for which the Contractor received progress
payments under 00195.50;
6. Take possession of Equipment on the Project Site that is to be incorporated into the Work;
7. 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
8. 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:
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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; or;
3. 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
4. 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 00195.70B.
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Section 00190 - Measurement of Pay Quantities
00190.00 Scope -The Engineer will measure pay quantities for accepted Work according to the United States
standard measure unless otherwise provided in the Contract. Unless otherwise specified in the Contract, the
Engineer will round off all quantity computations using the following convention:
• The final significant digit will not be changed when the succeeding digit is less than 5.
• The final significant digit will be increased by one when the succeeding digit is 5 or greater.
The measurement provisions contained in the Specifications for each Pay Item will supplement or modify the
above convention by:
• Imposing measurement limitations
• Describing measurement or computation procedures
• Giving conversion factors or adjustment conditions
• Providing for determination of reasonably accurate and representative Pay Item quantities
Measurements required or allowed to be made by the Contractor will be subject to the Engineer's verification.
The Engineer's decision about measurement is final.
00190.10 Measurement Guidelines -Measurement of quantities will be made on the following bases,unless
otherwise specified in the Contract.
A. Unit Basis - Unit will be each, unless otherwise specified in the Contract and will be determined by
actual count of units in place.
B. Length Basis -Length will be feet or mile, unless otherwise specified in the Contract and will be
determined by measuring the length at least to the nearest 0.1 foot or at least to the nearest 0.1 mile,as
applicable, unless otherwise specified in the Contract. Measurements will be limited to the dimensions
shown or specified, or as directed by the Engineer.
C. Area Basis -Area will be square foot, square yard, or acre, unless otherwise specified in the Contract
and will be determined by measuring the width and the length (or height) at least to the nearest 0.1 foot
and computed at least to the nearest 0.1 square foot, nearest 0.1 square yard, or nearest 0.1 acre, as
applicable, unless otherwise specified in the Contract.
D. Weight Basis -Weight will be pound or ton, unless otherwise specified in the Contract and will be
determined as follows:
1. Pound- Pound weight will be determined by the net weight identified on the manufacturer's
packaged labels, subject to periodic check weighing. Weight by pound will be measured at least to
the nearest 1.0 pound unless otherwise specified in the Contract.
Provide a certificate with each shipment together with a certified copy of the weight of each delivery. If
the check weight is less than the manufacturer weight by more than 0.4%,the discrepancy will be resolved
by the Engineer.
2. Ton -Ton weight will be determined on Contractor-provided scales as required under 00190.20
unless otherwise allowed by the Specifications. Weight by ton will be measured at least to the nearest
0.01 ton unless otherwise specified in the Contract.
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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.
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Unless otherwise provided in the Contract, Pay Items to be measured by weight shall include all
Contractor costs for providing, maintaining, inspecting, and testing scales; for furnishing appropriate
weigh tickets; for self-printing scales;and for transporting Materials to the scales or to check weighing.
B. Requirements -The scales shall conform to ORS 618,or the laws of the state in which they are located,
and NIST Handbook 44,and shall be:
• Licensed by the Oregon Department of Agriculture, or by the analogous regulatory body for scales
located outside the State;
• Technically suitable for weighing the Materials;
• Properly installed and maintained; and
• Accurate to the required tolerances.
The weight of any Materials weighed by anyone other than the Engineer will be subject to check
weighing as the Engineer directs.
C. Approaches -Vehicle scale approaches shall be:
• At each end of the scale platform;
• Straight and in line with the platform; and
• Long enough to accommodate combination vehicles longer than the scale platform so that they are
level and allow release of brakes before weighing.
D. Inspections - Contractor shall have all scales certified, that is inspected and their accuracy tested, by
the Oregon Department of Agriculture, an analogous regulatory body for scales located outside the
State, or a scale service company as follows:
• Before use if installed at a new site;
• 60 Calendar Days after initial inspection;
• Every 6 months thereafter; and
• When the Engineer directs additional inspections.
No Materials weighed on scales without current certifications according to this Subsection will be
accepted. The Contractor shall provide a copy of all required certifications to the Engineer.
Testing by a scale service company within the State of Oregon shall comply with ORS 618.
If additional inspections directed by the Engineer confirm that the scale accuracy is within the required
tolerances,the Agency will pay the cost for inspecting and testing the scales. If the scale accuracy is not
within these tolerances, the Contractor shall pay the cost for inspecting and testing the scales.
E. Inspection Results - If an inspection indicates the scales have been under-weighing (indicating less
than the true weight), the Agency will make no additional payment to the Contractor for Materials
previously weighed.
If an inspection indicates the scales have been over-weighing(indicating more than the true weight),the
weights will be reduced for Materials received after the time the Engineer determines the overweighing
began or,if that is not possible, after the last acceptable certification of the scales. The reduction will
be the amount of error in excess of the 0.2%maintenance tolerance allowed in the Contract.
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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:
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• 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 00190.20F.
Except for 00190.20C regarding approaches, the Contractor's use of plant scales shall comply with all
provisions of 00190.20.
The Engineer's approval for the Contractor's use of plant scales to determine pay weights will be rescinded if
check weighing or scale inspections indicate the scales do not consistently determine weights within the
tolerances allowed by state law.
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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 00195.13A,
00195.13B, 00195.13C, and 00195.13D contain the price escalation/de-escalation clause relating to asphalt
cement materials (as defined in 00195.13D).
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://www.oregon.gov/ODOT/HW7Y/Business/Pages/Asphalt-Fuel-Price.aspx
If the ODOT selected index ceases to be available for any reason,the Agency in its discretion will select
and begin using a substitute price source or index to establish the MACMP each month. The MACMP
will apply to all asphalt cement including but not limited to paving grade, polymer modified, and
emulsified asphalts, and recycling agents. The Agency does not guarantee that asphalt cement will be
available at the MACMP.
B. Base Asphalt Cement Material Price (Base) - The Base price for this Project is the MACMP
published on the ODOT website for the month immediately preceding the bid opening date.
C. Monthly Asphalt Cement Adjustment Factor- The Monthly Asphalt Cement Adjustment Factor
will be determined each month as follows:
• If the MACMP is within ± 5% of the Base, there will be no adjustment.
• If the MACMP is more than 105% 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)
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D. Asphalt Cement Price Adjustment - If specified in the Special Provisions, an asphalt cement
escalation/de-escalation clause will be in effect during the life of the Contract. A price adjustment will
be made for each pay item in the bid schedule containing asphalt cement. The price adjustment as
calculated in 00195.13C above will use the MACMP for the month the asphalt is incorporated into the
Project. The price adjustment will be determined by multiplying the asphalt incorporated during the
month for subject Pay Items by the Adjustment Factor. 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:
1. 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,
2. An increase or decrease of more than 25 percent in the quantity of any one major contract item.
For condition 2 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 00 140.40, 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
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persons acting for the Agency, and that additional compensation, Contract Time, or both, are due the
Contractor because of the suspension, delay or interruption, the Contractor shall immediately file a written
notice of delay according to 00180.60. The Contractor shall then promptly submit a properly supported
request for any additional compensation, Contract Time, or both, according to the applicable provisions in
00180.60 through 00180.80 and Section 00199.
The Engineer will promptly evaluate a properly submitted request for additional compensation. If the
Engineer determines that the delay was unreasonable,and that the cost required for the Contractor to perform
the Contract has increased as a result of the unreasonable suspension,delay or interruption,the Engineer will
make an equitable adjustment,excluding profit,and modify the Contract in writing accordingly. The Engineer
will notify the Contractor of the determination and whether an adjustment to the Contract is warranted.
Under this provision,no Contract adjustment will be allowed
• Unless the Contractor has provided the written notice required by 00180.60;
• For costs incurred more than 10 Calendar Days before the Engineer receives the Contractor's properly
submitted written request;
• For any portion of a delay that the Engineer deems to be a reasonable delay,or for which an adjustment
is provided for or excluded under other terms of the Contract; or
• To the extent that performance would nevertheless have been suspended, delayed or interrupted by
causes other than those described in this Subsection.
00195.50 Progress Payments and Retained Amounts:
A. Progress Payments -The Agency's payment of progress payments, or determination of satisfactory
completion of Pay Items or Work or release of retainage under 00195.50(d), shall not be construed as
Final Acceptance or approval of any part of the Work, and shall not relieve the Contractor of
responsibility for defective Materials or workmanship or for latent defects and warranty obligations.
The estimates upon which progress payments are based are not represented to be accurate estimates.
All estimated quantities are subject to correction in the final estimate. If the 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.
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Incidentals such as formwork, falsework, shoring, and cribbing shall be included in the unit prices
for the various Pay Items requiring their use, unless specified as a separate Pay Item. No payment
will be made for Pay Items that include Incidentals until units or portions of such Pay Item Work are
in place and completed. The costs of Incidentals will be paid in proportion to the percentage of Pay
Item Work completed.
2. Value of Materials on Hand - If payment for Materials on Hand is allowed in the Special
Provisions, the Engineer will also make an estimate of the amount and value of acceptable
Materials on Hand,i.e., already delivered and stored according to 00195.60(a),to be incorporated
into the Work.
3. Value of Work Accomplished -The sum of the values in (1) and (2) above will be collectively
referred to in this Subsection as the "value of Work accomplished", subject to (4) below.
4. Limitations on Value of Work Accomplished - In 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 00195.90B.
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,B.3(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 00195.50D.
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2. Cash,Alternate B (Retainage Surety Bond) -Upon receipt of an approved retainage surety bond,
the Agency will limit the amount of cash retainage withheld to $10,000. The surety bond must be in
the bond form provided by the Agency. The bond must be provided by the same Surety that provides
the Performance and Payment Bonds.
If the Contractor elects this form of retainage,the Agency will withhold from progress payments up
to 5% of the value of the Work accomplished as cash retainage until the retained amount equals
$10,000. After that amount is retained,no further cash retainage will be withheld until the additional
required retainage that would have been withheld exceeds the face amount of the retainage surety
bond provided. Thereafter, retainage will be withheld from progress payments according to these
Specifications. According to 00195.50B, 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 00195.50D.
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.
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D. Reduction of Retainage -As the Work progresses, the amounts to be retained under (b) of this
Subsection are subject to reduction in the Engineer's sole discretion. Retainage reductions will be
considered only as follows:
• When the Work is 97.5% or more completed, the Engineer may, without application by the
Contractor,reduce the retained amount to 100% of the value of the Work remaining.
• For a project funded by the 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 00195.50B.
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 00150.90A. 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 00195.50D, if a Contractor is required to file
statements on the prevailing rate of wages,but fails to do so,the Agency will retain 25%of any amount
earned as required in 00170.65.
F. Prompt Payment Policy - Payments shall be made promptly according to ORS 279C.570.
00195.60 Advance Allowance for Materials on Hand:
(b) 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:
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• A written request for advance allowance for Materials on Hand has been received by the Engineer
at least 5 Calendar Days before the pay period cutoff date; and
• The request is accompanied by written consent of the Contractor's Surety,if required by the Agency.
2. Stored or Stockpiled Conditions -The Materials shall have been delivered and/or acceptably
stored or stockpiled according to the Specifications and as follows:
• At the Project Site;
• On Agency-owned property;
• On property in the State of Oregon on which the property owner has authorized storage in writing.
The written authorization must allow the Agency to enter upon the property and remove Materials
for at least 6 months after completion of the Project. The Contractor shall furnish a copy of the
written permission to the Agency; or
• On property outside the State of Oregon on which the property owner has authorized storage in
writing, provided that such storage location is authorized in writing by the Engineer. The permit
must allow the Agency to enter upon the property and remove Materials for at least 6 months after
completion of the Project. The Contractor shall furnish a copy of the written permission to the
Agency.
To be eligible for advance allowance, the Materials shall:
• Meet Specification requirements;
• Have the required Materials conformance and quality compliance documents on file with the
Engineer (see Section 00165);
• Be in a form ready for incorporation into the Work; and
• Be clearly marked and identified as being specifically fabricated, or produced, and reserved for use
on the Project.
3. Responsibility for Protection -The Contractor has full control and responsibility for the protection
of Materials on Hand from the elements and against damage, loss, theft, or other impairment until
the entire Project has been completed and accepted by the Agency.
If Materials are damaged, lost, stolen, or otherwise impaired while stored, the monetary value
advanced for them,if any,will be deducted from the next progress payment.
If these conditions in 00195.60A.1 through 00195.60A.3 have been satisfied, the amount of advance
allowance,less the retainage described in 00195.50,will be determined by one of the following methods as
elected by the Engineer:
• Net cost to the Contractor of the Materials, f.o.b. the Project Site or other approved site; or
• Price (or portion of it attributable to the Materials),less the cost of incorporating the Materials into the
Project, as estimated by the Engineer.
(c) 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.
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(d)Terminated Contract - If the Contract is terminated, the Contractor shall provide the Agency
immediate possession of all Materials for which advance allowances have been received, as provided
above. If, for any reason, immediate possession of the Materials cannot be provided, the Contractor
shall immediately refund to the Agency the total amount advanced for the Materials. The Agency may
deduct any amount not so refunded from final payment.
00195.70 Payment under Terminated Contract - Payment for Work performed under a Contract that is
terminated according to the provisions of 00180.90 will be determined under (a) or (b) of this Subsection.
A. Termination for Default - Upon termination of the Contract for the Contractor's default,the Agency
will make no further payment until the Project has been completed. The Agency will make progress
payments to the party to whom the Contract is assigned, but may withhold an amount sufficient to
cover anticipated Agency costs, as determined by the Engineer, to complete the Project.
Upon completion of the Project, the Engineer will determine the total amount that the defaulting
Contractor would have been entitled to receive for the Work,under the terms of the Contract,had the
Contractor completed the Work (the "cost of the Work").
If the cost of the Work, less the sum of all amounts previously paid to the Contractor, exceeds the
expense incurred by the Agency in completing the Work, including without limitation expense for
additional managerial and administrative services, the Agency will pay the excess to the Contractor,
subject to the consent of the Contractor's Surety.
If the expense incurred by the Agency in completing the Work exceeds the Contract Amount, the
Contractor or the Contractor's Surety shall pay to the Agency the amount of the excess expense.
The Engineer will determine the expense incurred by the Agency and the total amount of Agency
damage resulting from the Contractor's default. That determination will be final as provided
in 00150.00.
If a termination for default is determined by a court of competent jurisdiction to be unjustified,it shall
be deemed a termination for public convenience, and payment to the Contractor will be made as
provided in Subsection B below.
B. Termination for Public Convenience:
1. General - Full or partial termination of the Contract shall not relieve the Contractor of responsibility
for completed or performed Work, or relieve the Contractor's Surety of the obligation for any just
claims arising from the completed or performed Work.
2. Mobilization - If mobilization is not a separate Pay Item,and payment is not otherwise provided for
under the Contract,the Agency may pay the Contractor for mobilization expenses,including moving
Equipment to and from the Project Site. If allowed,payment of mobilization expenses will be based
on cost documentation submitted by the Contractor to the Engineer.
3. All Other Work-The Agency shall pay the Contractor at the unit price for the number of Pay Item
units of completed, accepted Work. For units of Pay Items partially completed, payment will be as
mutually agreed, or,if not agreed, as the Engineer determines to be fair and equitable. No claim for
loss of anticipated profits will be allowed. The Agency will purchase Materials left on hand according
to 00195.80.
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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 may purchase them according to the
formula and conditions specified in Subsection B below.
B. Purchase Formula and Conditions:
1. Formula-The Agency will apply the following formula in determining the Contractor's allowance
for Materials left on hand:
Contractor's Actual Cost,plus 5%Overhead Allowance,minus Advance Allowances under 00195.60,
but no markup or profit.
2. Conditions -The Agency will not purchase the Contractor's Materials left on hand unless the
Contractor satisfies the following conditions:
• Requests the Agency's purchase of unused Materials;
• Shows acquisition of the Materials according to 00160.10;
• Shows that the Materials meet Specifications;
• Provides receipts, bills and other records of actual cost of Materials delivered to the designated
delivery points; and
• Demonstrates to the satisfaction of the Engineer that the materials cannot be returned for credit or
otherwise disposed of on the open market.
00195.90 Final Payment:
A. Final Estimate -As soon as practicable after Final Inspection of the Project,as provided in 00 150.90,
the Engineer will prepare a final estimate of the quantities of the Pay Items completed. With this
estimate of quantities as a base, the total amount due the Contractor will be determined according to
the terms of the Contract including without limitation any amounts due for Extra Work performed.
B. Final Payment -The amount of final payment will be the difference between the total amount due the
Contractor and the sum of all payments previously made. All prior partial estimates and payments shall
be subject to correction in the final estimate and payment.
After computation of the final amount due, and after Engineer's issuance of the Third Notification,
final payment will be mailed to the Contractor's last known address as shown in the records of the
Agency.
Beginning 30 Calendar Days after the date of Third Notification, interest will begin to accrue at the
rate established by ORS 279C.570 on any money due and payable to the Contractor as final payment,
determined as described above. No interest will be paid on money withheld due to outstanding
amounts owed by the Contractor under the provisions of 00170.10.
C. No Waiver of Right to Make Adjustment -The fact that the Agency has made any measurement,
estimate, determination or certification either before or after completion of the Project, Final
Acceptance, Agency assumption of possession of the Project Site, determination of satisfactory
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completion of Pay Items or Work or release of retainage under 00195.50(d) or payment for any part of
the Work, shall not prevent either party from:
• Showing the true amount and character of the Work;
• Showing that any measurement, estimate, determination or certification is incorrect;
• Recovering from the other party damages that may have been suffered because the other party failed
to comply with the Contract.
D. Evidence of Contractor Payments -As a condition of final payment, the Agency may require the
Contractor to submit evidence, satisfactory to the Engineer, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond
satisfactory to the Agency guaranteeing payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
00195.95 Error in Final Quantities and Amounts:
A. Request for Correction of Compensation - If the Contractor believes the quantities and amounts
detailed in the final Contract payment voucher,prepared by the Engineer according to 00195.90, to be
incorrect, the Contractor shall submit an 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 00195.90B. 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 00195.95A, 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.
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00196
Section 00196 - Payment for Extra Work
00196.00 General - Only work not included in the Contract as awarded but deemed by the Engineer to be
necessary to complete the Project (see 00140.60) will be paid as Extra Work. Regardless of alterations and
changes, any item of Work provided for in the Contract will not constitute Extra Work. Payment for
alterations and changes to Work will be made according to 00195.20.
Compensation for Extra Work will be paid only for Work authorized in writing by the Engineer and
performed as specified. Work performed before issuance of the Engineer's written authorization shall be at
the 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.
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Section 00197 - Payment for Force Account Work
00197.00 Scope -The Materials,Equipment and Labor rates and procedures established in this Section apply
only to Extra Work ordered by the Engineer to be performed as Force Account Work.
00197.01 Extra Work on a Force Account Basis -Before ordering Force Account Work, the Engineer will
discuss the proposed work with the Contractor, and will seek the Contractor's comments and advice
concerning the formulation of Force Account Work specifications. The Engineer is not bound by the
Contractor's comments and advice, and has final authority to:
• Determine and direct the Materials, Equipment and Labor to be used on the approved Force Account
Work; and
• Determine the time of the 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
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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.
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D. Moving Equipment -If it is necessary to transport Equipment located beyond the Project Site
exclusively for Force Account Work,the actual cost to transport the Equipment to, and return it from,
its On-Site Work location will be allowed as an additional item of expense. However, the return cost
will not exceed the original delivery cost. These costs will not be allowed for Equipment that is brought
to the Project Site for Force Account Work if the Equipment is also used on Pay Item or related Work.
If transportation of such Equipment is by common carrier, payment will be made in the amount paid
for the freight. No markups will be allowed on common carrier transportation costs. If the Equipment
is hauled with the Contractor's own forces, transportation costs will include the rental rate of the
hauling unit and the hauling unit operator's wage. If Equipment is transferred under its own power,
the rental rate allowed for transportation time will be 75% of the appropriate hourly rate for the
Equipment,without attachments,plus the Equipment operator's wage.
E. Standby Time - If ordered by the Engineer, standby time will be paid at 40% of the hourly rental rate
calculated according to this Subsection,excluding the hourly operating rate. Rates for standby time that
are calculated at less than$1 per hour will not be paid. Payment will be limited to not more than 8 hours
in a 24-hour period or 40 hours in a 1 week period. Standby Time provisions shall also apply to Section
00195 —Payment.
F. Blue Book Omissions - If a rental rate has not been established in the Blue Book,the Contractor may:
• If approved by the Engineer, use the rate of the most similar model found in the Blue Book,
considering such characteristics as manufacturer, capacity,horsepower,age and fuel type;
• Request EquipmentWatch to furnish a written response for a rental rate on the Equipment,which
shall be presented to the Engineer for approval; or
• Request that the Engineer establish a rental rate.
G. Outside Rental Equipment - If Contractor-owned or Subcontractor-owned Equipment is not
available, and Equipment is rented from outside sources, payment will be based on the actual paid
invoice. Approval of the Engineer to rent from outside sources must be obtained prior to renting the
equipment.
If the invoice specifies that rental rate does not include fuel,lubricants, field repairs, and servicing, an
amount equal to the Blue Book hourly operating cost may be added for those items that were excluded.
The Agency may reduce the payment when the invoice amount plus allowance is higher than the
amount authorized under C through F of this Subsection.
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.
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C. Required Benefits -The actual amount paid to, or on behalf of, workers as per diem and travel
allowances, health and welfare benefits, pension fund benefits, or other benefits when such other
benefits are required by a collective bargaining agreement or other employment contract generally
applicable to the classes of labor employed on the Project.
D. Overtime -No overtime will be compensated unless authorized in advance of performing the Work
by the Engineer.
00197.80 Percentage Allowances -To the Contractor's actual costs incurred, as limited in this Section
00197, amounts equal to a percentage markup of such costs will be allowed and paid to the Contractor as
follows:
Subsection Percent
00197.10 Materials 17
00197.20 Equipment 17
00197.30 Labor 22
When a Subcontractor performs ordered Force Account Work,the Contractor will be allowed a supplemental
markup of 8% on each Force Account Work order.
These allowances made to the Contractor will constitute complete compensation for bonds, insurance,
overhead, general and administrative expense, profit, and all other Force Account Work costs that were
incurred by the Contractor, or by other forces that the Contractor furnished. No other reimbursement,
compensation, or payment will be made.
00197.90 Billings -Billings for Force Account Work by the Contractor shall be submitted for the Engineer's
approval on forms provided by the Agency or approved by the Engineer. Billings for Materials (other than
Incidental items out of the inventory of the Contractor or Subcontractors), rental Equipment from sources
other than the Contractor or Subcontractors,and Special Services, shall be accompanied by copies of invoices
for the goods and services. The invoices shall be fully itemized showing dates, quantities, unit prices, and
complete descriptions of goods and services provided. Invoices for amounts of$10 or less per invoice are
not required, unless requested by the Engineer.
Costs included on the billings shall comply with 00197.01 and 00197.10 through 00197.30. When a billing
for Force Account Work has been paid at the Project level, no further corrections will be made because of
further review if those corrections amount to less than $10.
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00199
Section 00199 - Disagreements, Protests, and Claims
00199.00 General -This Section details the process through which the parties agree to resolve any
disagreement concerning additional compensation or concerning a combination of additional compensation
and Contract Time. (See 00180.80 for disagreements and claims concerning additional Contract Time only,
and 00195.95 for disagreements and claims concerning correction of final compensation.) The Agency will
not consider direct disagreements,protests, or claims from subcontractors,Suppliers, or any other Entity not
a party to the Contract.
00199.10 Procedure for Resolving Disagreements -When disagreements occur concerning additional
compensation or a combination of additional compensation and Contract Time, the Contractor shall first
pursue resolution through the Engineer of all issues in the dispute, including without limitation the items to
be included in the written notice in 00199.20. If the discussion fails to provide satisfactory resolution of the
disagreement,the Contractor shall follow the protest procedures outlined in 00199.20. If the Engineer denies
all or part of the Contractor's protest, and the Contractor desires to further pursue the issues, the Contractor
shall submit a claim for processing according to 00199.30.
00199.15 Inappropriate Protest or Claim - It shall be presumed that the Contractor submits a protest or
claim for additional compensation in good faith,based upon facts which reasonably support the Contractor's
position and with full knowledge and understanding of the injury done to the Agency when notice of differing
Project Site conditions or claims for additional compensation are not submitted in a timely manner as required
under the Contract. Accordingly, the submission of a protest or claim without the concurrent submission of
evidence that reasonably supports the protest or claim,or the submission of a protest or claim in an untimely
manner will constitute a waiver of the protest or claim.
00199.20 Protest Procedure - f the Contractor disagrees with anything required in a Change Order or other
written or oral order from the Engineer,including any direction,instruction,interpretation,or determination,
or if the Contractor asserts a disagreement or dispute on any other basis, except 0195.95, that, in the
Contractor's opinion,entitles or would entitle the Contractor to additional compensation or a combination of
compensation and Contract Time,the Contractor shall do all of the following in order to pursue a protest and
preserve its claim:
A. Oral Notice - Give oral notice of protest to the Engineer and outline the areas of disagreement
before starting or continuing the protested Work.
B. Written Confirmation of Oral Notice—Not later than the end of the next business day following
the day that oral notice of protest is given,deliver written documentation to the Engineer of the oral
notice that includes the notice of protest and the areas of disagreement.
C. Written Notice - File a proper written notice of protest with the Engineer within 7 Calendar Days
after receiving the protested order. In the notice the Contractor shall:
• Describe the acts or omissions of the Agency or its agents that allegedly caused or may cause damage
to the Contractor or to the Project, citing specific facts,persons, dates and Work involved;
• Describe the Contractor's proposed alternative to the Work ordered,if any,which will avoid damage
to Contractor or to the Project;
• Describe the nature of the damages;
• Cite the specific Contract provision(s),if any, that support the protest;
• Include the estimated dollar cost, if any, of the protested Work, and furnish a list of estimated
Materials, Equipment and labor for which the Contractor might request additional compensation;
and
• If additional compensation is estimated to be due, include the estimated amount of additional time
required,if any.
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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 00199.20C,
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 00199.20B. 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(C), and if the Engineer fully or partially
denies, in writing, the Contractor's protest according to 00199.20(E), 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.
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00199.30 Claims Procedure:
A. General - If the Contractor believes that additional compensation is due,or a combination of additional
compensation and Contract Time, and has pursued and exhausted all the procedures provided in
00199.10 and 00199.20 to resolve a disagreement and protest, the Contractor may file a claim.
The Agency's Contract is with the Contractor. There is no contractual relationship between the Agency
and any subcontractors, Suppliers or any Entity other than the Contractor. It is the Contractor's
responsibility to fully evaluate any claim before presenting it to the Agency. In addition, when a claim
includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the
Contractor, the Contractor remains solely responsible for presenting the claim to the Agency.
Claims that include Work done or costs incurred by subcontractors, Suppliers,or any Entity other than the
Contractor will not be considered by the Agency unless the Contractor has:
• Completed and provided its own written evaluation of the claim;
• Verified by its own independent review and evaluation of the amount of compensation sought; and
• Certified the claim in accordance with 00199.30B (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:
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(Part 1) Summary (label page 1.1 through page 1.X) - In the summary, include a detailed, factual
statement of the claim for additional compensation and Contract Time,if any,with necessary dates and
locations of Work involved in the claim and the dates of when the event arose. Also include detailed
facts supporting the Contractor's position relative to the Engineer's decision (see 00199.20(f);
(Part 2) Proof of notice (label page 2.1 through page 2.X) - Submit a copy of the written notice,with
all attachments, that was given to the Agency. Include the date when that written notice and the date
when oral notice was given:
(Part 3) Copies of the Contract Specifications that support the Contractor's claim (label page 3.1
through page 3.X);
(Part 4) Theory of entitlement supporting the claim (label page 4.1 through page 4.X) -Include a
narrative of how or why the specific Contract Specifications support the claim and a statement of the
reasons why such Specifications support the claim;
(Part 5) Itemized list of claimed amounts (label page 5.1 through page 5.X) - Claimed damages that
resulted from the event with a narrative of the theories and records and documents used to arrive at the
value of the damages;
(Part 6) Additional Contract Time requests (label page 6.1 through page 6.X) -If the claim is for a
combination of additional compensation and Contract Time, submit a copy of the schedule that was in
effect when the event occurred and a detailed narrative which explains how the event impacted Contract
Time. In addition,if an Agency-caused delay is claimed:
• Include the specific days and dates under claim;
• Provide detailed facts about the specific acts or omissions of the Agency that allegedly caused the
delay, and the specific reasons why the resulting delay was unreasonable; and
• Provide a schedule evaluation that accurately describes the impacts of the claimed delay.
• Also see 00180.80 for additional requirements regarding claims for Contract Time and causes that
are eligible and ineligible for consideration;
(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:
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00199
• Any documents that support the claim, such as manuals standard to the industry and used by the
Contractor; and
• Any daily reports or diaries related to the event,photographs or media that help explain the issue or
event (optional), or all other information the Contractor chooses to provide (optional);
(Part 9) Certification (label page 9.1 through 9.X) -A certified statement, signed by a person
authorized to execute Change Orders, by the Contractor, subcontractor, Supplier, or Entity, originating
the claim,as to the validity of facts and costs with the following certification:
Underpenalty of law forpe�ury orfalsification, the undersigned(Name), flitles, (CombanZcertifies that this claim
for additional compensation for Work on the Contract is a true statement of the actual costs incurred(in the amount of
$ exclusive of interest and is fully documented and supported under the Contract between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day of 20
Notary Public
My commission expires
(Part 10) Contractor evaluation of a lower tier claim (label page 10.1 through 10.X) - If the claim
includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the
Contractor, the following are required:
• Data required by the other Subsections of 00199.30B;
• 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 pegury or falsification, the undersigned,(Name) itles, (Com anycertifies
that this claim originating from the subcontractor, Supplier or Entity (Company for additional compensation
for Vork on the Contract is a reasonable statement, independently verified, of the costs incurred(in the amount
of exclusive of interests and is fully documented and supported under the Contract between the
parties.
Signature:
Date: .. 20—
Subscribed
20Subscribed 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.
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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 00199.40A,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).
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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 00199.40D, "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."
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The award of costs and expenses after trial de novo shall be made as provided for in ORS 36.425. The
award of costs and expenses after appeal from a judgment entered after trial de novo shall be to the
prevailing party designated as such by the appeals court.
The Contractor shall comply with 00170.00.
00199.50 Mediation -Notwithstanding the formal claims procedure specified above, the parties may enter
into nonbinding mediation by mutual agreement at any time, in which case the parties may also agree to
suspend the time requirements in Section 00199 pending the outcome of the mediation process. The rules,
time and place for mediation, as well as selection of the mediator, shall be established by mutual agreement.
Costs shall be divided equally between the Contractor and the Agency. Either party may terminate mediation
at any time upon 5 Calendar Days notice to the other, after which the time requirements of Section 00199
shall be automatically reinstated and shall resume from the point at which the time requirements were
suspended.
00199.60 Review of Determination Regarding Records - If not all of the records requested by the Agency
under 00199.40C Step 2 were provided, then the Agency will determine:
• If the records are of the type described in 00170.07;and
• If the records have not been maintained or the records, or access to the records, has not been provided
to the Agency as required by 00170.07 and this Section; and
• If the records are material and necessary for proper evaluation of part or all of the claim; and
• The portions of the claim for which the records are material and necessary for proper evaluation.
If the Agency makes the foregoing determinations, then subject to the review process described below, all
portions of the claim for which the Agency determined the records are material and necessary for proper
evaluation are immediately waived and irrevocably dismissed.
Even if the records have not been maintained or the records,or access to the records,have not been provided
to the Agency in a given instance, the Agency may determine that sufficient records have been provided for
the Agency to properly evaluate the claim in that instance. If the Agency makes this determination,the claim
or portions of the claim will not be waived or dismissed under this provision.
If the Contractor does not accept the Agency written determination that the records are material and necessary
for proper evaluation of part or all of the claim, and the portions of the claim for which the records are
material and necessary, the Contractor may,within 14 Calendar Days of receipt of the Agency determination,
request, in writing, a review of such determination by the Public Works Director (or designee). If the
Contractor does not request a review of the Agency determination, the Agency determination shall then
become the Agency's final determination as of the expiration of the time limit to request review.
If the Contractor requests the review,the Public Works Director (or designee) will schedule a review meeting
within 14 Calendar Days, or as otherwise agreed by the parties, of when the Public Works Director (or
designee) receives the written review request. The Agency and the Contractor will each have an opportunity
to explain their respective positions at the review meeting in a manner determined by the Public Works
Director (or designee).
Within 10 Calendar Days of the review meeting, the Public Works Director (or designee)will issue a written
proposed finding of whether the records not maintained or not provided to the Agency, or for which access
was not provided to the Agency, are material and necessary for proper evaluation of part or all of the claim.
If the Public Works Director (or designee) makes that finding, then the Public Works Director (or designee)
will also make a proposed written finding as to what portions of the claim the records are material and
necessary and, therefore,waived and irrevocably dismissed.
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00199
Even if the records have not been maintained or the records,or access to the records,have not been provided
to the Agency in a given instance, the Public Works Director (or designee) may determine that sufficient
records have been provided for the Agency to properly evaluate the claim in that instance. If the Public Works
Director(or designee) makes this determination,then the claim or portions of the claim will not be waived or
dismissed under this provision.
The Public Works Director's (or designee) findings will be submitted to the Contractor. The Public Works
Director's (or designee) findings are the Agency's final determination.
If the Agency's final determination is that the records are material and necessary for proper evaluation of part
or all of the claim,then the claim or that portion of the claim for which the records are material and necessary
is waived and irrevocably dismissed, unless the Contractor provides the records, or access to the records, to
the Agency within 5 Calendar Days of the Agency's final determination. If the Contractor provides the
records,or access to the records,within this time limit,the Agency will schedule a meeting with the Contractor
within 14 Calendar Days or as otherwise agreed by the parties, to discuss the records.
The Agency's final determination that records are material and necessary for proper evaluation of part or all
of the claim, and the Agency's final determination of the portions of the claim for which the records are
material and necessary, shall be final and binding.
If the entire claim is waived and irrevocably dismissed pursuant to the Agency's final determination there will
be no further decision by the Agency on the claim or further review of the claim under 00199.40 and the claim
will not be eligible for mediation under 00199.50. If only portions of the claim are waived and irrevocably
dismissed pursuant to the Agency's final determination, the Agency will provide a written decision to the
Contractor regarding the remaining portions of the claim within 30 Calendar Days of the final Step 2 meeting,
or the Agency's final determination regarding the records,whichever is later. There will be no further decision
by the Agency on or further review under 00199.40 of the portions of the claim waived and irrevocably
dismissed pursuant to Agency's final determination and those portions will not be eligible for mediation
under 00199.50.
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ATTACHMENT L
SPECIAL PROVISIONS
CITY OF TIGARD
2020 Pavement Management Program
Preventative Maintenance
The Work to be done under this Contract consists of the following improvements at various locations
throughout the City of Tigard, Oregon.
• Furnish,install and remove temporary traffic control devices and temporary erosion control
measures.
• Complete crack sealing on residential streets.
• Complete slurry seal on residential streets.
• Remove and restore permanent pavement markings.
• Perform additional and incidental Work as called for by the Specifications and Plans.
AUTHORITY OF CONSULTANT
The consultant will be directly in charge of the Project. However, the consultant's authority on this Project
is as designated in the City of Tigard's General Condition Section 00150.01 as the Project Manager, or as
designated by the Engineer.
APPLICABLE SPECIFICATIONS
The Specifications that are applicable to the Work on this Project are the Part 00100 General Conditions for
Construction for the City of Tigard (Attachment K of the Contract Documents) and the "Oregon Standard
Specifications for Construction" (2018 Edition) as amended by these special provisions for Sections 00200
through 03000.
All number references in these Special Provisions shall be understood to refer to the Sections and subsections
of the Standard Specifications bearing like numbers and to Sections and subsections contained in these Special
Provisions in their entirety.
CLASS OF PROJECT
This is a City of Tigard Project.
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City of Tigard—2020 Pavement Management Program
Preventative Maintenance
Special Provisions
CITY OF TIGARD, OREGON
SPECIAL PROVISIONS
FOR
2020 PAVEMENT MANAGEMENT PROGRAM,
PREVENTATIVE MAINTENANCE
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
PROFESSIONAL OF RECORD CERTIFICATION(s):
I certify the Special Provisions Section(s) listed below are
applicable to the design for the subject project for temporary
�p PRO, traffic control, temporary erosion control, striping removal and
GINC, /0 installation. Modified Special Provisions were prepared by me
'Q
7 or under my supervision.
235 r
AR E Section 00110, 00120, 00130, 00140, 00150, 00160, 00165,
a'O.2 2° �C,v 00170, 00180, 00190, 00195, 00196, 00197, 00199, 00210,
x""40 1 Z �h°� 00220, 00225, 00280, 00290, 00706, 00746, 00850, 00855,
EXPIRES: 06—/3-0/-202-0-1 00860, 00865, 00867, 02910
Date Signed:
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Preventative Maintenance
Special Provisions
TABLE OF CONTENTS
SPECIAL PROVISIONS
CITY OF TIGARD
2020 Pavement Management Program
Preventative Maintenance
SECTION 00110 - ORGANIZATION, CONVENTIONS,ABBREVIATIONS AND
DEFINITIONS...................................................................................................................... 153
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES.................................................. 153
SECTION 00130 -AWARD AND EXECUTION OF CONTRACT............................................................ 154
SECTION00140 - SCOPE OF WORK................................................................................................................ 154
SECTION 00150 - CONTROL OF WORK........................................................................................................ 154
SECTION 00160 - SOURCE OF MATERIALS................................................................................................. 155
SECTION 00165 - QUALITY OF MATERIALS............................................................................................... 155
SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES....................................................... 155
SECTION 00180 - PROSECUTION AND PROGRESS................................................................................. 156
SECTION 00190 - MEASUREMENT OF PAY QUANTITIES .................................................................... 159
SECTION00195 - PAYMENT.............................................................................................................................. 159
SECTION 00196 - PAYMENT FOR EXTRA WORK..................................................................................... 159
SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK.............................................................. 160
SECTION 00199 - DISAGREEMENTS, PROTESTS,AND CLAIMS......................................................... 160
SECTION00210 - MOBILIZATION................................................................................................................... 160
SECTION 00220 -ACCOMMODATIONS FOR PUBLIC TRAFFIC.......................................................... 160
SECTION 00225 -WORK ZONE TRAFFIC CONTROL.............................................................................. 162
SECTION 00280 - EROSION AND SEDIMENT CONTROL..................................................................... 164
SECTION 00290 - ENVIRONMENTAL PROTECTION.............................................................................. 165
SECTION 00706 - EMULSIFIED ASPHALT SLURRY SEAL SURFACING............................................ 165
SECTION 00746 - CRACK SEALING FLEXIBLE PAVEMENTS.............................................................. 170
SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS...................................... 172
SECTION 00855—PAVEMENT MARKERS.................................................................................................... 172
SECTION 00860 - LONGITUDINAL PAVEMENT MARKINGS -PAINT............................................. 172
SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS -DURABLE..................................... 172
SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS .................... 172
SECTION 02910 - SIGN MATERIALS............................................................................................................... 173
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Preventative Maintenance
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SECTION 00110 - ORGANIZATION, CONVENTIONS,ABBREVIATIONS AND
DEFINITIONS
Comply with Section 00110 of the City of Tigard General Conditions.
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
Comply with Section 00120 of the City of Tigard General Conditions,modified as follows:
00120.01 Receipt of Bids; Opening— Replace this subsection, except for the subsection number and title,
with the following:
Bidders may obtain and submit Bids by paper before the deadline stated in the Advertisement for Bid and
at the location stated in the Advertisement for Bid.
00120.02 Prequalification of Bidders —Delete this subsection.
00120.03 Request for Solicitation Documents—Replace this subsection,except for the subsection number
and title,with the following:
Informational Plans and Specifications are available online at www.tigard-or.gov/business/bids.php or in
person at Tigard City Hall located at 13125 SW Hall Boulevard Tigard, Oregon 97223 at no charge.
Copies of the Oregon Standard Specifications are available for download or purchase at:
www.oregon.gov/ODOT/HWY/SPECS/Pages/2018_Standard_Specifications.aspx.
(a) Paper Bids - Bidders must obtain Solicitation Documents from the City of Tigard, either online
at www.tigard-or.gov/business/bids.12hi2 or in person at Tigard City Hall located at 13125 SW Hall
Boulevard,Tigard, Oregon 97223. Each request must include both the name of the person ordering
or obtaining the Solicitation Documents,and the name of the Entity intending to use them. (The City
will add the name of the Entity intending to use the Solicitation Documents to the list of Holders of
Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of
Tigard may be used to submit Bids.
(b) Standards and Specifications - The work embraced herein shall be done in accordance with
the following standards and specifications.
City of Tigard Public Improvement Design Standards..........Download from the City's web site
CWS Design and Construction Standards 07-20........................www.cleanwaterservices.org
Manual on Uniform Traffic Control Devices (MUTCD).....................Available from FHWA
2018 Oregon Standard Specifications for Construction......................Available from ODOT
Copies of these standards and specifications can be found at the locations stated above.
00120.04 Pre-Bid Meeting—Delete this subsection.
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Preventative Maintenance
Special Provisions
00120.17(b) Outside Normal Right-of-Way Limits —Add the following to the end of this subsection:
The Agency does not own, or have rights to, other adjacent properties in the Project area for use in
stockpiling operations. The Contractor shall acquire, at its own expense, the rights of access to, and the
use of, all stockpiling locations that the Contractor chooses that are not Agency-controlled. Contractor
shall furnish to the Agency the property owner's written approval for the Contractors use of its land.
SECTION 00130 -AWARD AND EXECUTION OF CONTRACT
Comply with Section 00130 of the City of Tigard General Conditions.
SECTION 00140 - SCOPE OF WORK
Comply with Section 00140 of the City of Tigard General Conditions.
SECTION 00150 - CONTROL OF WORK
Comply with Section 00150 of the City of Tigard General Conditions,modified as follows:
00150.15 Construction Stakes, Lines, and Grades
00150.15(a) Agency Responsibilities - Replace this subsection,except for the subsection number and title,
with the following:
The Agency will not establish any field controls for setting principal lines and grades.
00150.15(b) Contractor Responsibilities - Replace the first bullet in this subsection with the following:
• The Contractor shall be responsible to furnish all field controls for setting principal lines, grades, and
measurements as needed to construct the Work as indicated in the Contract Documents.
00150.30 Delivery of Notices—Replace this subsection, except for the subsection number and title, with
the following subsection:
For purposes of this subsection,the time zone is Pacific Standard Time (PST) to determine time of receipt
of notices and other documents. For purposes of this subsection, non-business days are Saturdays,
Sundays and legal holidays as defined by ORS 187.010 and 187.020.
00150.37 Equipment Lists and Other Submittals —Add the following paragraph to the end of this section:
The Contractor shall submit a template of the Contractor prepared public notification mailer to the City
for review and approval a minimum of 21 calendar days prior to mailing or delivering the notifications.
00150.50 Agency Responsibilities —Add the following paragraph to the end of this subsection:
The locations,depth and description of existing utilities shown were compiled from available GIS mapping,
records and/or field observations. The Engineer or Utility Companies do not guarantee the accuracy or
the completeness of such locations. Additional utilities may exist in the project area.
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Add the following subsection:
00150.50(d) Utility Information:
There is no anticipated excavation associated with this project and there are no anticipated conflicts with
any Utilities. The Contractor shall notify all utility owners which may be affected by the construction
operation at least 48 hours in advance when their services may be affected by the work.
It is the Contractor's responsibility to adjust utility structures and maintain adequate access to those utilities
(in the judgment of the Engineer) regardless of cooperation (or lack thereof) from affected utilities.
00150.60(a) Load and Speed Restrictions for Construction Vehicles and Equipment - Add the
following number to the end of the numbered list:
4. The Contractor shall follow approved truck routes when hauling all materials and equipment beyond
the limits of the Project Site. The proposed truck routes to be used by the Contractor shall be submitted
to the Engineer for review and approval prior to the start of work.
SECTION 00160 - SOURCE OF MATERIALS
Comply with Section 00160 of the City of Tigard General Conditions.
SECTION 00165 - QUALITY OF MATERIALS
Comply with Section 00165 of the City of Tigard General Conditions.
SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES
Comply with Section 00170 of the City of Tigard General Conditions,modified as follows:
00170.01(b) State of Oregon Agencies -Add the following to the list of State of Oregon Agencies:
Oregon Department of Transportation (ODOT)
00170.01(c) Local Agencies -Add the following to the list of Local Agencies:
Washington County Land Use and Transportation (LUT)
Clean Water Services (CWS)
Add the following to the end of this section
00170.70 Insurance
B. Additionally Insured - Add the following as Additional Insureds under the Section 11 of the Public
Improvements Contract in the Contract Booklet:
• Wallis Engineering, PLLC
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City of Tigard—2020 Pavement Management Program
Preventative Maintenance
Special Provisions
• Geotechnical Resources Inc.
SECTION 00180 - PROSECUTION AND PROGRESS
Comply with Section 00180 of the City of Tigard General Conditions,modified as follows:
00180.20(A) Subcontracting Limitations - After the paragraph that begins "The Contractor's own
organization...", add the following paragraph:
The Contractor's own organization shall preform Work amounting to at least 30% of the original Contract
Amount.
00180.40(A) In General -Add the following at the end of the numbered list:
3. Conduct the Work between the hours of 7:30 AM to 7:00 PM,Monday through Friday, unless
otherwise indicated in Section 00220.40(e-1).
00180.40(B) On-Site Work- Add the following at the end of the numbered list:
10. Install project signs a minimum of 7 days in advance of construction activities.
11. Deliver City supplied door hanger notifications 48 hours to 72 hours before traffic would be
significantly impacted on a given street.
12. Placed no parking signs a minimum of 48 hours in advance of conducting work on a given street.
Add the following subsection:
00180.40(C) Specific Limitations - Limitations of operations specified in these Special Provisions
include,but are not limited to, the following:
Limitations Subsection
Cooperation with Utilities ................................................... 00150.50
Cooperation with Other Contractors ................................ 00150.55
On-Site Work.................................................................... 00180.40(b)
Contract Completion Time ............................................ 00180.50(h)
Traffic Lane Restrictions ................................................. 00220.40(e)
Special Events ................................................................... 00220.40(e)
Maintenance Under Traffic ................................................. 00620.43
The Contractor shall be aware of and subject to schedule limitations in the Standard Specifications that are
not listed in this subsection.
00180.41 Project Work Schedules -After the paragraph that begins "One of the following Type..." add the
following paragraphs:
In addition to the "look ahead" Project Work schedule, a Type B schedule as detailed in the Standard
Specifications is required on this Contract.
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The Contractor shall obtain Agency approval of the work schedule a minimum of 7 days (for crack seal)
and 21 days (for slurry seal) in advance of any work or lane closures indicated on the schedule. The Agency
will provide initial notification to the affected public based on the approved Type B Project Schedule.
A detailed scheduled is required for both slurry and crack sealing work and shall clearly identify the
individual street segments scheduled for sealing for each work day. Slurry sealing cul-de-sac streets on
garbage pick-up days is encouraged to allow the greatest amount of time for the slurry to cure before
garbage trucks use the cul-de-sac for future service days.
Should rescheduling become necessary, no work shall be done until the Agency approves a revised
schedule. The Contractor shall recognize that a significant amount of City time and resources are allocated
to public notification and the project schedule is the primary framework for the notifications. Any costs
incurred to re-notify the public as a result of the Contractor revising the schedule for any reason not
provided for in Section 00180.50(E) shall be borne by the Contractor. Any rescheduled work areas shall
not commence until the Contractor provides adequate public notification (normally 24 hours).
The work schedule shall include the daily street order in which slurry sealing is planned to be completed
by the Contractor. The daily street order submitted by the Contractor shall be maintained so that the City
can coordinate with residents. Modifications to the daily street order must be approved by the Engineer.
Work that is rained out and/or rescheduled for other reasons is to be rescheduled at the end of the project
so the rest of the project remains on the same schedule. Slurry work performed out of order without
approval by the City may be rejected for failure to provide advance notice, even if no other reason is
documented for such rejection.
Prior to performing each specific work task, the Contractor is required to inform the City's inspector
specifically what tasks will be performed and precisely when and where those tasks will be performed.
Work performed without providing advance notice to the City's inspector may be rejected for failure to
provide advance notice, even if no other reason is documented for such rejection.
00180.42 Preconstruction Conference —Supplement this section with the following:
The Contractor is required to contact the Agency to schedule the preconstruction conference.
In addition to the Contractor, the intended project superintendents, foremen, subcontractor foremen and
major suppliers — those who will actually be involved in construction activities — should attend the
preconstruction conference. At a minimum, a representative from the firm who will be doing both the
slurry sealing and the crack sealing must be present. The Contractor(s) must be prepared for a thorough
discussion and review,as well as revision,which may be deemed necessary in the opinion of the Engineer,
of the following:
(Note: These materials SHALL be brought to the preconstruction conference for discussion followed by
Engineer review. Some items may also require submittal in advance of the preconstruction meeting per
the specifications.)
• Contractor's plan of operation and progress schedule (3+ copies)
• List of 24-hour emergency phone numbers for the project manager, site foreman, and traffic
control supervisor
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• List of subcontractors, names, addresses and phone numbers
• List of materials fabricated or manufactured off the project
• Material sources for the project
• Names of principal suppliers
• Detailed equipment list
• "Project Labor List" for all employee classifications anticipated to be used on project
• Cost percentage breakdown for lump sum bid item(s)
• Shop drawings (bring preliminary list)
• Traffic Control Plans (3+ copies)
• Erosion and Sediment Control Plan (3+ copies)
• Pollution Control Plan (3+ copies)
• Proposed site for waste material disposal and any necessary permits required for placing this
material
• Proposed truck haul route
During the preconstruction conference, be prepared to discuss the following items:
• Bonds and Insurance
• Weekly project meetings—schedule and responsibilities
• Provision for inspection for materials from outside sources
• Responsibility for damage
• Compliance with Contract Documents
• Hours of work
• Acceptance and approval of work
• Labor compliance,payrolls, and certifications
• Safety regulations for Contractor's and Owner's employees and representatives
• Suspension of work, time extensions
• Change order procedures
• Progress estimates—procedures for payment
• Any interpretation of the Contract Documents requested by the Contractor
• Any conflicts or omissions in the Contract Documents
• Any other problems or questions concerning the work
• Processing and administration of public complaints
• Rights-of-way, Easements and Temporary Construction Easements
00180.44 Progress Meeting—Delete items H J.
Add the following subsection:
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00180.50(h) Contract Time—
Crack seal work on this project may commence before July 1, 2020; however, the total dollar amount of
work performed before July 1, 2020 shall not exceed$350,000.
Slurry seal work on this project shall not commence before July 1, 2020.
There are two Contract Times on this Project as follows:
(1) The Contractor shall complete all Work to be done under the Contract, except for permanent
pavement markings not later than August 15, 2020.
(2) The Contractor shall complete all permanent pavement markings, punch list items and cleanup
Work to be done under the Contract not later than August 31, 2020.
00180.85(b) Liquidated Damages -Add the following paragraph to the end of this subsection:
The liquidated damages for failure to complete the Work by the dates required by 00180.50(h)will be$700
per Calendar Day.
SECTION 00190 - MEASUREMENT OF PAY QUANTITIES
Comply with Section 00190 of the City of Tigard General Conditions,modified as follows:
00190.20(f-2) Scale Without Automatic Printer -Add the following paragraph after the paragraph that
begins " If the scales require manual entry...":
Pay costs for the weigh witness at that person's contract billing rate.
00190.20(g) Agency-Provided Weigh Technician -Add the following paragraph to the end of this
subsection:
Pay costs for the weigh technician at that person's contract billing rate.
SECTION 00195 - PAYMENT
Comply with Section 00195 of the City of Tigard General Conditions modified as follows:
00195.13 Asphalt cement Material Price Escalation/De-Escalation Clause —Delete this subsection.
00195.50(x)(2) Value of Materials on Hand—Delete this subsection.
SECTION 00196 - PAYMENT FOR EXTRA WORK
Comply with Section 00196 of the City of Tigard General Conditions.
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SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK
Comply with Section 00197 of the City of Tigard General Conditions.
SECTION 00199 - DISAGREEMENTS, PROTESTS,AND CLAIMS
Comply with Section 00199 of the City of Tigard General Conditions.
SECTION 00210 - MOBILIZATION
Comply with Section 00210 of the Standard Specifications.
SECTION 00220 -ACCOMMODATIONS FOR PUBLIC TRAFFIC
Comply with Section 00220 of the Standard Specifications modified as follows:
00220.02 Public Safety and Mobility
00220.02(a) General Requirements -Add the following bullet to the end of the bullet list:
• For crack sealing work:
a. Work will not be permitted near schools when students would be going to or from school and the
work would cause delays for bus routes and student commuting.
b. Signage and traffic control must be provided in accordance with the Manual on Uniform Traffic
Control Devices, the Oregon Temporary Traffic Control Handbook, and other applicable
standards. Prior to working on any street, the Contractor must have obtained the Engineer's
approval of a traffic control plan for that street. The Engineer and/or inspector may order
immediate stoppage of work and restoration of normal traffic patterns if,in their judgment, such
action is necessary to protect public safety and/or reduce traffic delays.
c. Prior to working on any street, no parking signs shall have been on the street for a minimum of
48 hours.
d. Cost for all work under this section shall be considered as incidental to the Work being performed.
• For slurry sealing work:
a. Work shall be staggered throughout the project area in order to minimize the impact of street
closures on public mobility and maintain local access as much as possible.
b. The Contractor shall obtain Agency approval of a detailed work schedule acceptable to the
Engineer a minimum of 21 days in advance of street closures. The schedule shall indicate the date
closure is planned for each section of each street. Should rescheduling become necessary for
reasons beyond the Contractor's control (such as weather delays),no work shall be done until the
Engineer approves the revised schedule and the Contractor provides notification to the affected
public with adequate time (typically 24 hours) before the work commences.
c. If rescheduling is necessary, it shall be done in a way that minimizes schedule changes on the
remaining of the project. This is often done by rescheduling a canceled day at the end of the
project, and leaving the other days as originally scheduled.
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d. The Contractor must inform the Engineer and inspector in writing (electronic copy acceptable)
and obtain written approval of any proposed changes to the schedule as soon as possible after the
change is known,and at least 48 hours before work commences on changed dates. This is essential
for the City's public notification effort.
e. In the event the slurry seal does not cure in a timely manner and remains trackable when a street
is to be reopened for traffic, the Contractor shall apply a covering of clean 1/4" - 0" aggregate
material to prevent tracking prior to permitting traffic on the streets. This covering shall be
removed and the area fully cleaned by the Contractor as soon as possible and at no additional cost
to the Agency.
f. Cost for all work under this section shall be considered as incidental to the Work being performed.
00220.03 Work Zone Notifications—Add the following to the end of this subsection:
The City will provide site-specific temporary project signs and the Contractor shall install signs on
temporary sign supports at each street end on which the Contractor will be working to notify residents and
street users of the specific schedule for work on that street. Signs shall be placed a minimum of 7 days
before any work affecting use of the street. All handwritten information required to be added to the sign
shall be done so with permanent ink and of adequate size and clarity as to be easily read by the public.
The City will provide door-hangers for the Contractor to add schedule information. The Contractor shall
deliver door-hanger notifications to properties surrounding the streets to be crack sealed and slurry sealed.
The City will provide a map showing the specific properties where door hangers are to be hung. Door-
hangers shall be marked with the dates and times that the street would be significantly affected. Door-
hangers shall be delivered 48 to 72 hours before traffic would be significantly impacted on that street. In
the event of a significant schedule change, door-hangers shall be redelivered with the revised work
dates/times 24 hours before significant street impacts. Any costs incurred to re-notify the public as a result
of the Contractor revising the schedule for any reason not provided for in Section 00180.50(E) shall be
borne by the Contractor. Work may be not allowed if timely notification has not been provided.
Notify emergency services and organizations listed below 10 calendar days in advance of street closures.
The following information is provided for the Contractor's convenience:
• Emergency Services 911
• City of Tigard Police Department (Non-Emergency) 503-629-0111
• Tualatin Valley Fire &Rescue (Amber Cross) 503-612-7000
• United States Post Office (Emergency Services) 503-968-2991
• Tigard-Tualatin School District Qean Devenport) 503-431-4046
• Student Transportation of America (Ashley Rinker) 503-372-5704
• Tri-Met—Road Operations 503-962-4949
• Pride Disposal (Rose Bowles) 503-625-6177 x1101
00220.40(e-1) Closed Lanes - Replace this subsection, except for the subsection number and title,with the
following:
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(1) For crack sealing work:
• Streets shall not be closed for work; at least one lane of traffic (with flaggers) must be kept open at
all times.
• No parking signs shall be placed on each roadway scheduled for sealing a minimum of 48 hours
prior to commencing with the work.
(2) For slurry sealing work:
• Streets shall not be closed prior to 8:OOam and shall be opened (and in proper condition for public
traffic) by 5:OOpm each day.
• The Engineer may approve additional cure time beyond 5:OOpm on a case-by-case basis.
• The Engineer will require streets to remain open to traffic under a flagged single lane closure traffic
control plan when no detour route is available for through traffic.
Traffic control devices at a physical street closure point shall include Type II barricades spaced at a
maximum of 3-feet apart across the full width of the roadway with "NO PARKING OR DRIVING"
signage and link chain or rope with yellow caution tape connecting the barricades. The Contractor shall
place a traffic cone (or multiple cones for commercial driveways) in the middle of each driveway when the
slurry seal is not to be driven on. Cone(s) shall be removed by the contractor when the street closure is
removed. Where necessary as directed and approved by the Inspector, the contractor shall spread a thin
pathway of sand across the fresh slurry at pedestrian crossings and high pedestrian traffic street intersection
to allow pedestrians to cross perpendicular to the mat. Any damage to the uncured slurry shall be repaired
at no cost to the Contracting Agency. Additional traffic control devices may be required as part of the
Contractors overall traffic control plan.
The Contractor must obtain the Engineer's approval of a traffic control, signage, and detour plan for each
street at least 14 days before any closure begins.
The Engineer reserves the right to impose additional lane restrictions depending on observed traffic
conditions. The Engineer and/or inspector may order immediate stoppage of work and restoration of
normal traffic patterns at any time if,in their judgment, such action is necessary to reduce excessive delays
and/or protect public safety.
SECTION 00225 -WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.02 General Requirements—Supplement this subsection with the following:
The Contractor is reminded of their responsibility to provide a clear zone for their crews to work in. This
may necessitate temporary `no parking' signage, conversations with neighbors about removing objects or
vehicles obstructing the work area, and other coordination efforts.
The Contractor shall obtain the Engineer's approval of all signage and communication methods to be used
for this project. Notify the Engineer and/or inspector of any non-cooperative neighbors at least 24 hours
before work would be affected.
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The Contractor is reminded it is their responsibility to protect their work from damage caused by traffic
or other factors, especially when the sealant is setting or drying, and the Contractor is also reminded of
their responsibility for damage to vehicles in such cases.Damaged crack seal or slurry seal shall be repaired
by the Contractor at no cost to the City, and other cleaning or repairs made as appropriate at no cost to
the City.
00225.10 General- In the paragraph that begins "Evaluate the condition...", rcplacc the first sentence with
the following sentence:
Evaluate the condition of TCD using the criteria shown in the most current version in effect of the
American Traffic Safety Services Association (ATSSA) publication titled "Quality Guidelines for
Temporary Traffic Control Devices and Features", available from the ATSSA website at www.atssa.com.
00225.11(a) Signs —Add the following item to the end of the list:
(5) No Parking Signs —Temporary signs used to identify future no parking areas shall be constructed
of a rigid and waterproof material, mounted on portable sign stands and shall follow the template
below (or an equivalent notification reviewed and approved by the City). Signage shall be furnished
and placed by the Contractor.
WARNING
NO PARKING
ROADWAY WORK SCHEDULED
HOTASPHALT CRACK SEALING
7AM - 6PM M-F
For scheduling information:https://www.tigard-or.goy/
Obstructions in this TOW-AWAY ZONE will be removed at owner's
expense 10.28.170)
00225.13(f-3) Flexible Overlay Pavement Markers —Add the following to the end of this subsection:
When installing temporary reflective pavement markers prior to slurry sealing to delineate the existing lane
lines, temporary markers shall have clear covers (one way for white reflectors and two way for yellow
reflectors) that shall be removed after the sealing process to restore reflectivity to the marker.
Markers shall be placed in all locations where existing roadway striping exists and is removed to
accommodate the work.
00225.32(b) Traffic Control Inspection Without TCS— supplement this subsection with the following:
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When the bid schedule does not include an item for a TCS, the Project Superintendent may be appointed
as the TCS, but shall not perform duties of a laborer, operator or foreman while acting as the TCS and
shall meet the requirements of this Section.
00225.32(b) Traffic Control Inspection Without TCS —Delete the bullet beginning"Prepares and signs a
dally..."
00225.41 Temporary Sign —Add the following sentence to the end of the paragraph that begins "Once
temporary signs have been accepted...":
Temporary signs shall be removed promptly (as determined by the Engineer) when they are no longer in
effect.
00225.43(i) Pavement Marking Removal—Supplement this subsection with the following:
Remove temporary pavement markings prior to slurry seal application.
00225.80 Measurement—Supplement this subsection with the following:
Work under this Section for this project will be measured by the Method"C"—Incidental Basis except for
project notification signing which will be paid separately.
00225.81 Temporary Signing—Supplement this subsection with the following:
No measurement will be made for project notification signing and no parking signing.
00225.90 Payment - Supplement this subsection with the following:
Work under this Section for this project will be paid for by the Method "C" — Incidental Basis with
exception to the following bid items which will be paid separately:
"Project Notification Signing"will be paid at the lump sum contract amount for all labor,materials and
equipment required to locate,relocate,update,maintain and furnish (when required) all project notification
signs including no parking signage. The City may deduct payment under this bid item when all signage
and notification requirements of the Contract are not met. Reduction amounts will be at the full discretion
of the Engineer.
SECTION 00280 - EROSION AND SEDIMENT CONTROL
Comply with Section 00280 of the Standard Specifications modified as follows:
00280.00 Scope -Add the following paragraph to the end of this subsection:
This section shall be governed by Clean Water Services.
00280.90 Payment—Replace this subsection,except for the subsection number and title,with the following:
No separate payment will be made for this work,as it is considered incidental to other work on this project.
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SECTION 00290 -ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—In the first bullet, change the noise control hours to 7:00 pm to 7:30 am.
00290.90 Payment—Replace this subsection,except for the subsection number and title,with the following:
No separate payment will be made for this work,as it is considered incidental to other work on this project.
SECTION 00706 -EMULSIFIED ASPHALT SLURRY SEAL SURFACING
Comply with Section 00706 of the Standard Specifications modified as follows:
Description
00706.00 Scope - Replace the subsection with the following:
This work consists of furnishing all labor, equipment, and materials necessary for the preparation and
application of one or more layers of slurry seal consisting of emulsified asphalt, water, aggregate, and
additives on a prepared asphalt concrete pavement as shown or directed. The cured slurry seal shall have
a homogeneous appearance and adhere firmly to the surface.
Materials
00706.10 Emulsified Asphalt—Replace the "Residue from Distillation, Weight %" test requirement with
the following:
Residue from Distillation,Weight % ..................... 60% minimum
00706.11 Polymer Modified Emulsion—Replace first and second sentence of the subsection with the
following:
Furnish LMCQS-1h latex modified emulsion.
00706.14 Water—At the end of this subsection, add the following:
If water is obtained from City fire hydrants, the Contractor is required to obtain all necessary permits and
meters from the City of Tigard Water Department. Cost of the permits and water shall be incidental to
the unit bid prices for slurry seal. For information regarding necessary permits and fees,contact the Water
Department— either Sam Morrison at 503-718-2600 or Aaron Beattie at 503-718-2690.
00706.15 (b) Mix Design Tests —Add the following specification requirement to the "ISSA TB-106 Slurry
Seal Consistency" test:
Test Description Specification
ISSA TB-106 Slurry Seal Consistency 0.79 — 1.18 inches
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At the end of the sentence that starts with "The laboratory shall also report..." add the following:
According to AASHTO T19.
00706.15 (c) Component Material—Change the limits for Mineral Filler from 0.5% -2.0%to the following:
0.5% - 3.0% (based on dry weight of aggregate)
Equipment
00706.21 (a) Proportioning Devices —Add the following to the end of the subsection:
The Contractor shall allow the Engineer to use the recorders and measuring facilities of the slurry seal unit
to determine application rates,asphalt emulsion content,mineral filler and additive quantities for each load.
00706.21 (b) Calibration—Replace the sentence that begins with "Previous calibration documentation..."
with the following:
Previous calibration documentation covering the exact materials to be used may be accepted by the
Engineer provided they were made during the previous 90 days.
00706.22 Spreading Equipment— Spreader Box—Replace the subsection with the following:
Attach to the mixer machine a mechanical type squeegee distributor equipped with flexible material that is
in contact with the pavement surface to prevent the loss of slurry from the distributor. Adjust the
distributor to prevent the loss of slurry on varying grades and crown and to assure uniform spread. The
slurry seal mixture shall have the proper consistency as it enters the spreader box. There shall be a steering
device and a flexible strike-off. The spreader box shall have suitable means to side shift to compensate for
variations in the pavement width. Keep the spreader box reasonably clean, and do not allow buildups of
asphalt and aggregate. Only one tail rubber will be allowed. Any type of drag used shall be subject to
approval by the Engineer and kept in a completely flexible condition at all times. The drag shall not leave
a rough surface texture. The drag shall be cleaned or replaced as necessary to ensure that slurry mix
accumulations do not cause scores or streaks.
The slurry seal spreader box in use shall be clean and free of slurry seal and emulsion at the start of each
work shift.
Construction
00706.40 Weather Limitations—Add the following sentence to the end of the subsection:
Do not apply when weather conditions prolong opening to traffic beyond 6 hours.
00706.41 (a) Base Repairs—Replace the subsection with the following:
This work will be performed by City crews prior to start of construction.
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00706.41 (b) Surface Repairs— Replace the subsection with the following:
This work will be performed by City crews prior to start of construction.
00706.41 (c) Crack Sealing—Replace the subsection with the following:
Crack Sealing shall be performed prior to start of slurry sealing in accordance with Section 00746.
00706.41 (e) Street Equipment and Procedure— Delete the sentence that begins with "Any standard
cleaning...".
00706.41 (g) Pavement Markings—Replace the subsection with the following:
Before slurry seal is to be applied to any area, remove all reflector buttons, thermoplastic markings, cold
tape markings,and paint markings so that at least 90% of the pavement marking materials are removed by
any approved process (i.e., hydro-blasting, grinding, or shot blasting) that leaves no damage to the
underlying pavement or a scar depth that is no greater than 1/8" deep.
If the pavement markings are removed using a dry mechanical abrasion process,a positive means to control
airborne dust is required with use of a dust collector attached to the removal equipment.Accumulation of
heavier debris,accumulated piles of any debris on the surface or from the right-of-way as a result from the
removal operation shall be collected and disposed of in accordance with applicable Federal, State, and
Local regulations, at no additional cost. If pavement markings are removed using water blasting, the truck
mounted water blaster shall be capable of simultaneously vacuuming the spent water and debris as it
progresses,leaving the pavement clean.
Temporary markings shall comply with Section 00225.13(f-3) as determined by the Inspector/Engineer.
Pavement markings shall not be removed more than 7 days in advance of surfacing without written
approval from the Engineer. Slurry seal application will be shut down if the pavement markings have not
been removed.Payment for removal of pavement markings is considered incidental. Install new pavement
markings per Section 00850 and 00867.
00706.41(h) Concrete Surfaces —Add the following new subsection:
Cover and protect any concrete surfaces to keep them clean from tracking or placement of slurry seal
material. Care shall be taken to ensure straight lines along the edges of the concrete surfaces, without
overrun onto the concrete. If any material or tracking occurs on the concrete surfaces, the Contractor
shall be responsible for the removal of any slurry seal on the concrete surface by suitable methods at no
additional cost.
00706.41 (i) Tree Trimming—Add the following new subsection:
Trim trees according to good tree surgery practices and as directed to remove obstructions that will cause
branches to collide with equipment during slurry seal applications. All branches requiring removal shall be
approved by the Engineer and removed by the Contractor prior to finish sweeping of the pavement surface
to be slurry sealed.
The Contractor shall notify the property owner if a tree needs to be trimmed.
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00706.43 Application Rate—Replace the paragraph and table that begins with"The slurry seal mixture shall
be of..."with the following:
The slurry seal mixture shall be of proper consistency at all times to provide the application rate required
by the surface condition. Application rates are affected by the unit weight of the aggregate, the gradation
of the aggregate, and the demand of the surface for which the slurry is being applied. ISSA TBI 12 gives a
method to determine expected application rates. The average application rate, when placing a full lane
width pass shall be according to the following:
Type II 14.0— 18.0 lbs./sq yd
00706.45 Joints—Add the following paragraph to the end of the subsection:
At street intersections, or at the beginning and ending of work segments, the slurry shall be neatly spread
or trimmed to a straight line defined by the near curb lines of the street adjacent to the work or as shown
on the plans or as marked by the engineer. Where the limits of the slurry seal meet a paving joint, the
slurry seal shall be placed a minimum of 12 inches beyond the joint or as shown on the plans or as directed
by the engineer.
00706.47 Curing—Replace the paragraph that begins with "The rate of curing..."with the following:
The rate of curing of the slurry seal shall be such that a street may be opened to traffic within 4 hours after
application without tracking or damage to the surface. Protect the area for the curing period with suitable
traffic control such as signage, Type II barricades with caution tape, and markers per Section 00220 and
Section 00225.
00706.49 Cleanup—Add the following sentence to the end of the subsection:
No earlier than 7-days after slurry seal application,the Contractor shall sweep the roadway to remove loose
aggregate. Sweeping is considered incidental to the slurry work.
00706.50 Mix Stability—Add the following subsection after 00706.49:
The slurry seal shall possess sufficient stability so that premature breaking of the material in the spreader
box does not occur. The mixture shall be uniform and homogeneous during and following mixing and
spreading. It shall be free of excess liquids (water and emulsion), which create segregation of the
aggregates. Spraying of additional water into the spreader box will not be permitted.
Temporary
00706.51 Provision for Traffic—Renumber this subsection as follows:
00706.53 Provision for Traffic
00706.51 Patching and Correction of Defects —Add the following subsection:
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Defects such as raveling,lack of uniformity, or other imperfections caused by faulty workmanship shall be
corrected and new work shall not be started until such defects have been remedied.
All improper workmanship and defective materials resulting from overheating, improper handling or
application,shall be removed from the roadway by the Contractor and be replaced with approved materials
and workmanship at no expense to the agency. The area of the repair shall be approved by the Engineer.
00706.52 Hour of Work—Add the following subsection:
General hours of work shall be limited to 7:30am to 7:00pm Monday through Friday. Work outside these
hours, including Saturdays must be approved by the Engineer. Under no circumstances will work be
allowed on Sundays or Holidays. Hours of work may also be affected on those roadways abutting other
agency roadways. Slurry seal shall be applied only between the hours of 8:00 AM and 2:00 PM and be able
to support traffic by 5:00 PM. Permission to work outside these hours may be granted on a case-by-case
basis upon written approval by the Engineer. The Contractor has full responsibility for confining
operations,including striping, to these hours and obtaining any needed waivers.
Measurement
00706.80 Measurement— Supplement this subsection with the following:
Measurement shall be performed and provided to the inspector on a daily basis. The job shall be stopped
if the Contractor fails to provide daily measurements. Daily measurements shall include the area of streets
actually sealed on a work day and the associated quantity of aggregate and emulsion applied by each slurry
truck for the same work day.
Measurement for"Type II Slurry Seal" shall include all slurry seal applications within existing City streets.
Payment
00706.90 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) Type II Slurry Seal ..........................................Square Yard
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.
When the Contract Schedule of Items does not indicate payment for work under this Section,no separate
or additional payment will be made. Payment will be included in payment made for the appropriate items
under which this work is required.
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SECTION 00746 - CRACK SEALING FLEXIBLE PAVEMENTS
Comply with Section 00746 of the Standard Specifications modified as follows:
Description
00746.00 Scope—Replace the subsection with the following:
This work consists of furnishing all labor, equipment, and materials necessary for the preparation and
application of hot poured joint sealant to repair and reseal cracks in flexible pavements at locations
designated by the Engineer.
Clean and seal all readily visible cracks and open joints that are 1/4 to 1 inch in width. This includes cracks
with existing sealant that no longer seals the crack and the perimeter of existing pavement patches or other
objects in the paved surface. Clean and seal along all curbs at the pavement gutter or curb interface that
do not have existing intact crack seal. Cracks wider than 1 inch shall be sealed if approved by the Engineer.
Prior to the crack sealing work, the Engineer will paint all cracks that do not require sealant.
Construction
00746.42 Installation Procedure—Replace the subsection with the following:
Where installation procedures, or any part of the procedures are required to be done according to the
recommendations of the manufacturer of the sealing compound, submit catalogue data and copies of the
recommendations before installing the materials. Prepare all existing surfaces and install the sealant so that
the in-place sealant is well bonded to the pavement and free of voids or entrapped air.
Protect manholes, valve boxes, drop inlets, and other service entrances from the crack seal by a suitable
method. Clean these covers as quickly as possible after the application of the crack seal and definitely prior
to the final set. Clean any crack seal from the interior of each utility structure.
All cracks designated for sealing shall be completely free of loose and foreign matter (including existing
sealant material). All weeds shall be removed from cracks prior to sealing. Cracks shall be both clean and
dry just prior to sealing.
The face of the crack shall be surface dry, and the ambient and pavement temperatures shall both be at
least 45 °F and rising at the time of application of the sealant.
In the event either the pavement or ambient temperature drops below 45°F,application will be suspended.
Do not place any sealant without the prior approval of the Engineer. Obtain the Engineer's approval of
the techniques to be used to finish edge sealing along curbs and gutters. The Engineer will inspect all
cracks prior to sealing and will delineate cracks that do not require sealing by painting the cracks in their
entirety.
Omit sealing cracks in areas where a high density of cracking such as alligator cracking are encountered.
obtain approval from the Engineer before applying sealant.
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Seal the cracks from the bottom up in a neat manner, so that upon completion of the work the surface of
the sealant material is flush with the adjacent pavement surface. Refill or "spot" all low areas before
continuing work.
Level sealant material flush to the surface with a shaped squeegee or disc nozzle device where necessary.
Squeegee the excess material so it does not exceed 1-1/2 inches on either side of the crack. If any sealant
remains in the squeegee when the end of the crack is reached,distribute this excess material over the crack
in a return motion.
Traffic shall not be reopened to the construction area until the sealant has fully cured. If traffic results in
lifting or transfer of the material, the Contractor shall immediately repair any damage (such to the road or
to vehicles) and again allow for proper curing at the Contractor's expense.
If at any time during the one-year maintenance period the sealant shows settlement of 1/4 inches or more,
the Contractor shall,at the Contractor's expense,apply an additional layer(s) of sealant to bring the material
flush with the surface.
00746.43 Cleaning and Sanding—Add the following bullet to the bulleted list:
• Contractor shall keep all construction debris in the street and shall remove all construction debris
beyond the curb line or edge of pavement line within the same work shift. For streets that will be
swept by the Contractor prior to slurry sealing under Section 00706.41, street sweeping after crack
sealing is not required. For streets not being slurry sealed after crack sealing, Contractor shall sweep
the pavement surface per the first bullet in this list.
Measurement
00746.80 Measurement—Replace the subsection with the following:
Crack seal quantities will be measured on a length basis (linear foot). Measurement shall be performed and
provided to the inspector on a daily basis. Work shall stop if the Contractor fails to provide daily quantities.
Quantities shall be provided on a street-by-street basis. If the Engineer approves, the Contractor may
provide partial quantities daily so long as the limits of the crack sealing can be clearly identified (i.e. half of
the road).
Measurement for"Crack Sealing" shall include all crack sealing applications within existing City streets.
Payment
00746.90 Payment—Replace the subsection with the following:
The accepted quantities of sealed cracks will be paid for at the Contract unit price, per foot, for the item
"Crack Sealing".
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, including cleaning, signs, notification,
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traffic control, protection of all facilities or appurtenances in the roadway, protection of the sealant from
vehicles and pedestrians, cleanup of any misapplied sealant or remaining materials.
Work not meeting the requirements of this Section will not be measured for payment. Cracks painted by
the Engineer are not to be sealed and will not be measured if sealed by the Contractor.
When the Contract Schedule of Items does not indicate payment for work under this Section,no separate
or additional payment will be made. Payment will be included in payment made for the appropriate items
under which this work is required.
SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS
Comply with Section 00850 of the Standard Specifications modified as follows:
00850.30 Manufacturer's Representative - Replace this subsection, except for the subsection number and
title,with the following:
For Sections referencing 00850.30, the services of a manufacturer's representative are not required. Place
pavement markings only when the pavement is ready for the pavement marking material according to the
manufacturer's installation instructions.
00850.43 Prepare and Prime Pavement—Add the following to the end of this subsection:
Install pavement markings within ten calendar days of slurry sealing operations.
SECTION 00855—PAVEMENT MARKERS
Comply with Section 00855 of the Standard Specifications.
SECTION 00860 - LONGITUDINAL PAVEMENT MARKINGS - PAINT
Comply with Section 00850 of the Standard Specifications.
SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE
Comply with Section 00865 of the Standard Specifications modified as follows:
00865.40 General—Add the following to the end of this subsection:
The skid resistance of the pavement marking shall equal or exceed the skid resistance of the adjacent
pavement in both wet and dry conditions.
SECTION 00867 -TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS
Comply with Section 00867 of the Standard Specifications.
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City of Tigard—2020 Pavement Management Program
Preventative Maintenance
Special Provisions
SECTION 02910 - SIGN MATERIALS
Comply with Section 02910 of the Standard Specifications.
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