GT Excavating, LLC ~ CP18012 City of Tigard
CONTRACT CHANGE ORDER/ 13125 S'%'Hall Blvd.
q Tigard,Oregon 97223
R AMENDMENT SUMMARY Phone- (503.) 639-41',1
FIELD CHANGE ORDER FORM Fax- (503) 68.1-7297
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Project Title: Commercial Street Sidewalk Project Manager:Andrew Newbury
Contractor: GT Excavating,LLC Original Contract#: CP18012
Effective Dates: 11/8/17 to 4/30/18 Chanze Order/Amendment Amount: $1,304.55
Accounting String: 460-8000-56005-95049-140 Amendment Percentage Running Total: 0.7%
AMENDMENT DETAILS
Increased contract amount for additional concrete needed to match existing driveways along project.
CHANGE ORDER DET ims UNIT QTY UNIT TOTAL$
Original Contract $178,172.00
Chane Order#1 $1,304.55
TOTAL $179,476.55
REASONING FOR CHANGE ORDER/AMENDMENT
Additional concrete needed to match existing residential driveways.
BUDGET IMPACT AND REQUIRED ACTIONS
Additional budget needed will be allocated at the fund level.
di REQUESTING PROJECT MANAGER A—PpRovI G CITY STAFF
Signa&re Mature s
Date Date ,
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules,regulations,and laws that may be in effect for the Signature
work. The unit pricing in the original contract shall apply to all
additional work. A copy of this form, once completed,is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember—the cumulative total of
Amendments cannot exceed the projeces FY budget. Date
Cn--.' or.TIGARD,OREGON
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CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUSTACCOMPANYEVERY CONTRACT
Contract Title: Commercial St. Sidewalk Number: 1 D
Contractor: GT Excavating,LLC Contract Total: $178,172.00
Contract Overview: GT Excavating, LLC will construct a pervious concrete sidewalk along Commercial
Street between 95' and Lincoln Ave.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Andrew Newbury Ext: 2472 Department: PW
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ® Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date: 12/05/17_End Date: 4/30/18
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
GT Excavating,LLC $178,172.00
R&R General Contractors Inc. $229,000.00
Brown Contracting $237,340.00
MJ Hughes Construction $269,300.00
Account String: Fund-Division-Account Work Order–Activity Type Amount
FY 18 460-8000-56005 95049-140 $178,172.00
FY
FY
FY
FY
Approvals - LCRB Date: November 7, 2017
Department Comments:
Department Signature:
Purchasing Comments:
—
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
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
Commercial St. Pervious Sidewalk
Project No.: CIP 2017 - 95049
APPROVED BY: LORI F),m,P.E.,CITY ENGINEER
Bid Due&Bids Open: Thursday, September 14,2017 -2:00 pm
ADVERTISEMENT FOR BIDS
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
The City of Tigard will receive sealed Bids from qualified firms at Tigard City Hall's Utility Billing Counter,
Attention:Joe Barrett,Sr.Management Analyst,located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 until 2:00
pm local time on September 14,2017 for the Commercial St.Pervious Sidewalk project. Bids will be opened and
publicly read aloud immediately after the Bid Closing time and date at Tigard City Hall.
SM9
The project generally consists of the following.
1. Mobilization.
2. Temporary signage,protection and traffic control.
3. Erosion control and cleanup.
4. Clearing and grubbing.
5. Construction of Porous Concrete Sidewalk
6. Construction of Concrete Curbs and Ramps
7. Asphalt Concrete Paving
8. Stormwater Improvements
9. Performance of additional and incidental work as called for by specifications and plans.
Basis of Bid Award shall incorporate all items identified on the Bid Schedule.
Pursuant to Tigard Public Contracting Rule 30.055,all Bidders must submit a Bid security to the City along with
their Bid in an amount equal to ten percent (10%) of their Bid. Because the City's estimate of contract value
exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this Bid Booklet,
to the City no later than 4:00 pm local time,September 14,2017.
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to
minimum salaries and wages shall be incorporated by reference as if fully set forth in any Contract resulting from
this Advertisement for Bid. Contractor shall provide proof to the City prior to the beginning of any of the work
that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon Prevailing Wage Rate (PWR)law.
No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile and electronic
(email) Bids will not be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the
Bid Closing will be returned to the submitting firm unopened after a Contract has been awarded for the required
services.
Bid Documents may be obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall
Blvd.,Tigard, Oregon 97223; or downloaded from the City of Tigard website at www.tiard-or.VrQv/bids The
City may reject any Bid not in compliance with all prescribed public bidding procedures and requirements, and
may reject for good cause any or all Bids upon a finding of the City if it is in the public interest to do so.
All questions about the meaning or intent of the Bid Documents shall be submitted to the Engineer in writing by
e-mail. Contact the Engineer,Andrew Newbury at andrewng6pard-or.gov with any questions. Clarifications to
the Bid Documents will be made by addenda only. Oral statements may not be relied upon by Bidders and will
not be binding or legally effective.
Published: Daily-journal of Commerce Published: The Skanner
Date: August 30,2017 Date: August 30,2017
21 P a g c
TABLE OF CONTENTS
ADVERTISEMENTFOR BIDS....................................................................................................................................................2
T.0LE OF CONTENTS...............................................................................................................................................................3
A'IT.\CHI\IENT A—BIDDER'S CIIECKLIST.........................................................................—................................................4
A,rf.\CH:\fENT B—BID............................................................................................................................................................5
ATI'ACHAfENT C—ACKm WLEDGMENT OF ADDENDA................................................................................................ 16
ATTACHNIENTD—BID CERTIFICATION................................................................«.......................................................... 17
ATT_kcHI1fENT F—FIRCT TIER SUBCONTRACTOR DISCLOSURE FORm........................................................................ 18
ATT_NCHmENT F—BID BOND............................................................................................................................................. 19
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT.................................................................................................20
ATT.NCHL\IENT H—PF,RFORVLANCE BOND........................................................................................................................25
ATTACHMENTI—PX,-NIENT'BOND...................................................................................................................................27
ATTACHMENT.)—OREGON PREVAILING W.-\GE R-'17Es................................................................................................29
ATTACHNIENT h-GENERIL CONDITIONS.....................................................................................................................30
ATTACHMENTL-SPECIAL PROVISIONS.................................................................................................................................
DRAWINGS FY 2017-95049 COM-MERCIAL ST.SIDEWALK
SHEETS,I THROUGH 9 D,\TED:5/24/2017
31P � ge
ATTACHMENT A—BIDDER'S CHECKLIST
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
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.
41Page
ATTACHMENT B-BID
all
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
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: Commercial St.Pervious Sidewalk
Bid Due Date: September 14,2017
Name of Submitting Firm:
The Undersigned (check one of the following and provide additional information):
An individual doing business under an assumed name registered under the laws of the State of
or
A partnership registered under the laws of the State of :or
_ A corporation organized under the laws of the State of or
A limited liability corporation organized under the laws of the State of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project
in strict accordance with the Contract Documents for the Basic Bid as follows:
1�+lIP &TJh4- h /C rid.J9 /100 Dollars ($ f
and the Undersigned agrees to be bound by all documents ompnsing the Contract Documents as defined in the
Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract
Documents,and forms. Submission of this Bid shall be conclusive evidence that the Undersigned has investigated
and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be
performed,the quantities of materials to be furnished,and as to the requirement of the Contract Documents.
Accompanying herewith is a Bid Security which is equal to ten percent(10%) of the total amount of the Bid.
Slta , >
BID SCHEDULE
COMMERCIAL ST.PERVIOUS SIDEWALK
Item
No Description Quantity Unit Unit Price Item Total
GENERAL
1 Mobilization (00210) 1 LUMP SUM $ P
2 Temporary Work Zone Traffic 1 LUMP SUM $ $
Control (00225) !336-6
3 1 Erosion Control and Cleanup (00280) 1 LUMP SUM
ROADWAY
4 Construction Survey Work(00305) 1 LUMP SUM $
5 Removal of Structures and 1 LUMP SUM q�
Obstructions (00310) T
6 Clearing and Grubbing(00320) 1 LUMP SUM
7 General Excavation (00330) 200 CUBICYARD $ $ ��
8 Subgrade Stabilization (00331) 40 CUBIC $ $�
YARD
9 Subgrade Geotextile (00350) 540 SQ.YARD $ $ --
DRAINAGE
10 Inch PVC C900 Storm Sewer Pipe, 2 LINEAL
10 10 ft Depth (00445) 20FEET $q67 ILI
$�
6 Inch PVC C900 Storm Sewer Pipe 4 LINEAL
11 10 ft Depth (00445) FEET $ 1
$
12 Area Drain (00470) 1 EACH $ $
13 Reconstruct Existing Catch Basin 1 EACH $ $
(00490)
14 Connection to Existing Service Lines 1 EACH
(00490) $ $ �
BASES
15 Aggregate Base (00641) 47 CUBIC
c1
16 Aggregate Base In Leveling (00641) 8 CUBIC YARD $ - $1,3b
17 aggregate Open Graded Base (00641) 58 CUBIC I YARD Gj� J $ Lg
Aggregate Open Graded Choker 10 CUBIC $ $
18 (00641) YARD
Item
No Description Quantity Unit Unit Price Item Total
WEARING SURFACES
19 Level 3, 1/2 Inch Dense HMAC 25 TON $ $
Mixture (00744)
�0 Pervious Concrete Sidewalk, 4 inches 190 SQ.YARD $ $
(00757) 16�a
21 Pervious Concrete Driveway, 6 inches 160 SQ.YARD $ $
(00757) ��
22 Concrete Curb (00759) 550 LINEALFEET $ �
RIGHT OF WAY DEVELOPMENT
23 Relocate Existing Sign (00905) 1 EACH
RIGHT OF WAY DEVELOPMENT
24 Seeding (01030) 1 LUMP SUM $ $
25 Single Mailbox Support (01070) 3 EACH $ $ -�
26 Multiple Mailbox Support(01070) 1 EACH $ $ ol
EXTRA WORK AS AUTHORIZED
27 Extra Work As Authorized $ $ 15,000
Project Total $
And /100 Dollars
BID TOTAL IN WORDS
7 1 1' a
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 o iss e the Performance Bond and Payment Bond will be
The Undersigned hereby authorizes said surety(ies)
It If
company(ies) to disclose any information to t e City concerning the Undersigned's ability to supply a
Performance Bond and Payment Bond each in the amount of the Contract.
The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City; that
the amount thereof is the measure of liquidated damages which the City will sustain by the failure of the
Undersigned to execute and deliver the above-named Agreement Form,Performance Bond,and Payment Bond,
and that if the Undersigned defaults in either executing the Agreement Form or providing the Performance Bond
and Payment Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become
the property of the City at the City's option; but if the Bid is not accepted within sixty (60) days of the time set
for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form,
Performance Bond,and Payment Bond,the Bid Security shall be returned.
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without
collusion with and without any agreement,understanding, or planned common course of action with any other
vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit
independent Bidding or competition; and (2) The contents of the Bid have not been communicated by the
Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety
on any bond furnished with the Bid and will not be communicated to such person prior to the official opening
of the Bid.
The Undersigned Q/HAS ❑ HAS NOT (check applicable status)paid unemployment or income taxes in Oregon
within the past 12 months and a1AS ❑ HAS NOT (check applicable status)a business address in Oregon.
The Undersigned HAS ❑ HAS NOT (check applicable statars) complied with any Affirmative Action
Requirements included within the procurement documents.
The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 279C.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Undersi ed's CCB registration number is (✓ 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 perform construction work as described
in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035 to
701.055 at the time the subcontractor(s) made a Bid to work under the Contract.
The successful Bidder hereby certifies that,in accordance with t Wpr er's Compensation Law of the State of
Or on, its Worker'sCompensation Insurance provider is Policy No.
and that Undersigned shall submit Certificates oVnsurance as required.
Name of Company:
Company Address:
Zyeti
Federal Tax ID: � d
Telephone: 4t `
Email: J
I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the
firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I understand
that I will be required to provide necessary information to verify that the firm meets these qualifications if
selected for the subsequent Contract. ,
Authorized Signature:
Printed Name &Title: - /�`✓G1/
Date:
Payment information will be reported to the IRS under the name and federal taxpayer ID number provided
above. Information not matching IRS records or not provided to the City could subject the successful
Contractor to a twenty eight percent(28%) backup withholding.
SCOPE FOR BID SCHEDULE
Measurement and payment for all Work shown or specified herein will be made on a unit or lump sum price basis
in accordance with the prices set forth in the Bid Schedule for individual items of Work. Contractor shall make
a careful assessment when preparing the Bid.
The items listed below refer to and are the same pay items listed in the Bid Schedule. They constitute all of the
pay items for the completion of the Work. No direct or separate payment will be made for providing
miscellaneous temporary or accessory services or all other items not specifically named in specific Bid item
description and needed for prosecution of the Work, and all other requirement of the Contract Documents.
Compensation for all such services, things and materials shall be included in the prices stipulated for the lump
sum and unit price pay items listed herein.
The prices stated in the Bid Schedule,include overhead and profit and all costs and expenses for bonds,insurance,
taxes,labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties,
labor for handling materials during inspection,together with any and all other costs and expenses for performing
and completing the Work, complete and in place, as shown on the Plans and specified herein. The basis of
payment for an item at the lump sum or unit price shown in the Bid Schedule shall be in accordance with the
description of that item in this Section.
BID ITEM DESCRIPTIONS (Commercial Street Sidewalk)
Following are the measurement and payment descriptions for the various Bid items included in the Commercial
Street Sidewalk portion of the project.
Descriptions reference and/or modify sections of the 2015 Oregon Standard Specifications for Construction
where applicable.
BID ITEM NO.1 MOBILIZATION
Comply with Section 00210 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a lump sum (LS) basis.
Payment shall be per Section 00210.90 of the Standard Specifications, including all preparatory work and
operations necessary for the movement of personnel,equipment,materials and incidentals to the project site and
for all other costs incurred before the beginning of work as well as any other work included in the Contract
Documents which is not specifically listed in other Bid items.
The amounts paid for mobilization in the Contract progress payment will be based on the percentage of the
Original Contract amount that is earned from other Contract items.
When 5%is earned,either 50%of the amount for mobilization or 5%of the original Contract amount,whichever
is the least.
When 10%is earned,either 100%of mobilization or 10%of the original Contract amount,whichever is the least.
When all work is completed,amount of mobilization exceeding 10% of the original Contract amount.
This schedule of mobilization progress payments will not limit or preclude progress payments otherwise provided
by the Contract.
10 111 x w
BID ITEM NO.2 TEMPORARY WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a lump sum (LS) basis.
Payment shall be per Section 0022590(b) of the Standard Specifications,including all labor,eq i ment,materials
and all other miscellaneous incidentals and work necessary for installing,maintaining,and removing all necessary
traffic control measures. Specific requirements include a pedestrian routing control Plans acceptable to the City
of"Tigard,construction signage,pedestrian access signage, and setup and removal of signage as many times as is
required by construction sequencing.Necessary traffic control measures include,but are not limited to,temporary
signage,barricades,cones etc.
BID ITEM NO.3 EROSION CONTROL AND CLEANUP
Comply with Section 00280 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a lump sum (1,S) basis.
Payment shall be on a lump sum basis including all labor, equipment, materials, and all other miscellaneous
incidentals and work necessary to install and maintain all erosion control measures required including, but not
limited to,those shown on the Plans,maintain the project site daily,daily street sweeping of work area if sediment
is tracked onto paved surfaces,and application of dust control measures as required,inlet protection and sediment
fence installation and maintenance. Work also includes weekly cleanup and disposal of construction debris and
waste materials,weekly cleanup of the debris captured by sediment controls,replacement during the project when
necessary, or directed, and removal of all erosion control items at the completion of the project.
BID ITEM NO. 4 CONSTRUCTION SURVEY WORK
Comply with Section 00305 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a lump sum (1,S) basis.
Payment for this item shall be on a lump sum (LS) basis and represent full payment for all labor and materials
required.Payment shall include but is not limited to all setup,calculations,construction staking,restaking,control
and monument preservation, cut sheets, survey notes,quality control, documentation and any additional staking
that may be required.
BID ITEM NO.5 REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Comply with Section 00310 of the Standard Specifications and as modified in the Special Provisions.
Payment for this item shall be on a lump sum (LS) basis and represents full payment for all labor and materials
required including disposal of all materials.Payment will include but is not limited to saw cutting and the removal
of any unexpected objects or materials not specifically called out on the plans or listed in contract documents.
BID ITEM NO.6 CLEARING AND GRUBBING
Comply with Section 00320 of the Standard Specifications and as modified in the Special Provisions.
111page
Measurement shall be on a lump sum (LS) basis.
It is the intent of the City that impacts to existing vegetation be minimized to the extent possible in areas outside
of the work area foot print. Removal of shrubs, trees, and other landscaping that are outside of the footpruit of
the work areas shall be replaced by the Contractor at his expense.
Payment shall be on a lump sum basis including all labor, equipment, materials, and all other miscellaneous
incidentals and work necessary to remove and dispose of vegetation, roots,plants, and strippings within project
limits.
BID ITEM NO.7 GENERAL EXCAVATION
Comply with Section 00330 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a volume basis calculated to the theoretical neat lines as shown on the drawings.
Payment shall be on a cubic yard (CN) basis including all labor, equipment, materials and other incidentals and
work necessary for all excavation (excluding trench), haul off, embankment, subgrade compaction, and fine
grading to construct project according to the Plans.
BID ITEM NO. 8 SUBGRADE STABILIZATION
Comply with Section 00331 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a volume basis calculated to the neat lines as measured by Engineer.
Payment shall be on a cubic yard (C'�� basis including all labor, equipment, materials and other incidentals and
work necessary including excavation,haul off, subgrade compaction,geotextile,rock backfill,and compaction to
construct project according to the Plans. No payment will be made for subgrade stabilization installed and not
measured by the Engineer.
BID ITEM NO.9 SUBGRADE GEOTEXTILE
Comply with Section 00350 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on an area basis calculated to the theoretical neat lines as shown on the drawings.
Payment shall be on a square yard (.Si) basis including all labor, equipment, materials and other incidentals and
work necessary to construct project according to the Plans.
BID ITEMS NO. 10 &NO. 11 STORM SEWER PIPE,VARIOUS SIZES,PIPE CLASSES AND
BACKFILL
Comply with Section 00445 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a lineal foot(l.,F) basis.
Payment for these items shall be on a linear foot(LF)basis and represents full payment for all labor and materials
required to install the specified sewer pipe complete, in place. Payment shall include but is not limited to
excavation,bedding,pipe,pipe laying,backfill, compaction and testing for the size and class pipe shown.
121Page
BID ITEM NO. 12 AREA DRAIN
Comply with Section 00470 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a per each (E-k) basis.
Payment shall be on an each basis including all labor,equipment,material,and all other miscellaneous incidentals
and work necessary as specified and shown on the Plans. The unit price also includes excavation not included in
the pipe trench excavations,pipe connections and compacted aggregate base material under the area drain.
BID ITEM NO. 13 RECONSTRUCT EXISTING CATCH BASIN
Comply with Section 00490 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a per each (EA) basis.
Payment shall be on an each basis including all labor,equipment,material,and all other miscellaneous incidentals
and work necessary including the new pipe connection, solid steel lid that is traffic rated,textured and galvanized.
The unit price also includes excavation not included in the pipe trench excavations, pipe connections and
compacted aggregate backfill,fabrication,and any incidentals required to reconstruct and adjust the existing catch
basin to grade as shown on the plans.
BID ITEM NO. 14 CONNECTION TO EXISTING SERVICE LINES
Comply with Section 00490 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a per each (113) basis.
Payment shall be on an each basis including all labor,equipment,material,and all other miscellaneous incidentals
and work necessary to locate and connect the existing lateral to the new storm sewer. The unit price also includes
excavation not included in the pipe trench excavations, pipe connections and compacted aggregate backfill, and
any incidentals required to connect the existing lateral to the new storm sewer pipe as shown on the plans.
BID ITEMS NO. 15 THRU NO. 18 AGGREGATE BASES,VARIOUS CLASSES
Comply with Section 00641 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a volume basis calculated to the theoretical neat lines as shown on the drawings.
Payment shall be on a cubic yard (CI) basis for each class of aggregate base shown in the bid schedule including
all labor, equipment, materials and other incidentals and work necessary furnish,install, compact, and fine grade
as shown on the plans.
BID ITEM NO. 19 LEVEL 3,1/2 INCH DENSE HMAC MIXTURE
Comply with Section 00744 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a weight basis.
Pav ment shall be on a ton (TON) basis including all labor, equipment, materials and other incidentals and work
necessary to furnish,install, and compact, to the finish grades as shown on the plans.
I3IPae
BID ITEMS NO. 20 AND NO. 21 PERVIOUS CONCRETE ,VARIOUS THICKNESS
Comply with Section 00757 of the Special Provisions.
Measurement shall be on an area basis for the thickness specified.
Payment shall be on a square.yard (S i� basis for each class of pervious concrete type shown in the bid schedule
including all labor,equipment,materials and other incidentals and work necessary to furnish,install,and finish as
shown on the plans. Payment will include sidewalk ramps, truncated domes and providing a mix design and
testing required to conform with the special provisions.
BID ITEM NO.22 CONCRETE CURB
Comply with Section 00759 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a lineal foot(LF) basis.
Payment shall include all labor,equipment,materials and other incidentals and work necessary to furnish,install,
and finish as shown on the plans. Payment willinclude curb openings, driveways and curb ramps.
BID ITEM NO. 23 RELOCATE EXISTING SIGN
Comply with Section 00905 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a per each (1--A) basis.
Payment will be payment in full for furnishing and placing all materials, and for furnishing all labor, equipment
and incidentals necessary to complete the work as specified. Payment includes removal of existing sign and post,
temporary relocation as required and final placement on new sign post.
BID ITEM NO. 24 SEEDING
Comply with Section 01030 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a Lump Sum (LS) basis.
Payment will be payment in full for furnishing and placing all materials, and for furnishing all labor, equipment
and incidentals necessary to complete the work as specified. Payment shall include but is not limited to
mobilizations, soil preparation, topsoil, fertilizing, mulching, applying tacking agent, seeding, and temporary
watering. Payment shall include a 1 year vegetation establishment period.
BID ITEM NO.25 &26 SINGLE AND MULTIPLE MAILBOX SUPPORTS
Comply with Section 01070 of the Standard Specifications and as modified in the Special Provisions.
Measurement shall be on a per each (EA) basis.
Payment shall include all labor, equipment, materials and other incidentals and work necessary to furnish,install,
and finish as shown on the plans. Payment will include removing existing mailbox supports,providing temporary
141Page
installations,installing new supports in permanent locations, and reinstalling existing mailboxes and newspaper
boxes on new supports.
BID ITEM NO.27 EXTRA WORK AS AUTHORIZED
Extra Work as Authorized Bid includes labor, equipment and materials to perform additional work as directed
by the Engineer. Bid item amount pre-determined by City.
Measurement and payment of work under this Bid item shall be on a negotiated basis between the Contractor
and Engineer agreed upon prior to the work being performed. No work under this Bid item shall be paid unless
authorized in writing by the Engineer.
15111 a M
ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
If none rec4ed write gone Received"
AIMJ22
1. 3.
2. 4.
Date
Signature of Proposer
Jv
Title
Corporate Name
ATTACHMENT D—BID CERTIFICATION
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
Non-discrimination Clause
The Bidder agrees not to discriminate against any client, employee or applicant for employment or for services,
because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the
following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or
termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further
understood that any contractor who is in violation of this clause shall be barred from receiving awards of any
purchase order or Bidder from the City,unless a satisfactory showing is made that discriminatory practices have
terrmnatedand that a currence of such acts is unlikely.
Agreed by:
Firm Name: I`
Address:
Officer's signature:
Type or print officer's name: h 'l ��u2
17 1 t'
ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
BID#: CIP 2017-95049 CLOSING:Date: September 14, 2017 Time: 2:00 pm
This form must be submitted at the location specified in the Advertisement for Bids on the advertised Bid closing
date and within two working hours after the advertised Bid closing time.
List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials
and that is required to be disclosed,the category of work that the subcontractor will be performing and the dollar
value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH
ADDITIONAL SHEETS IF NEEDED).
NAME DOLLAR VALUE CATEGORY OF WORK
1) �"dm,;k 3 of
2) $
3) $
4) $
Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid
will not be considered for award.
Form submitted by (Bidder name): �.
Contact name: / Phone #• 1
1811 s
AT'rACHMENT F--BID BOND
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
\Vc G F Excavating, LLC as "Principal,"
(Name of Principal)
and Developers Surety and Indemnity Company an_ California Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally, bind
ourselves, our respective heirs, executors, administrators, successors, and assigns to pay unto the City of Tigard
("Obligee")the sum of Ten Percent of Total Amount Bid--- _and /100 Dollars
( 10%of Bid-- )
WHEREAS, the condition of the obligation of this bond is the Principal has submitted a Bid to the Obligee in
response to Obligee's solicitation for the project identified as Commercial St. Pervious Sidewalk, 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 (1(1%) of the total amount of the Bid pursuant to the solicitation document.
NOW,THEREFORE, if the Bid submitted by Principal is accepted, and if a Contract pursuant to the Bid is
awarded to Principal,and if Principal enters into and executes such Contract within the bine specified in the said
documents and delivers to Obligee its good and sufficient Performance Bond and Payment Bond required by
Ohligec within the time fixed by Obligec,then this obligation shall be void;othcm isc,it shall remain in full force
and effect.
IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized
legal representatives this 14th day of September 2017
PRINCI AL: GT Excavating,LLC SURETY: Developers Surety and Indemnity Company
By. - BY ATTORNEY-IN-FACT
Signature
Gloria Bruning
Printed Name&Tide // e '} Printed
Attest: 1. e
,_�_,_,�� _
Signature
1201 SW 12th Ave.,#500
Address
Portland,OR 97205
City State Zip
19I.Page,
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
*"*Brent Olson, Richard W.Kowalski,Gail A.Price,Vicki Mather,Philip O.Forker,Gloria Bruning,J.Patrick Dooney,Joel Dietzman,
Christopher A. Reburn, Karen A.Pierce,Ray M. Paiement,Tami Jones,jointly or severally'
as their true and lawful Adomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Afforney(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney of to any certificate relating thereto by facsimile,and any such
Power ofAttorney or certificate bearing such facsimile signatures shelf be valid and binding upon the wpor4onts when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached,
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017.
ti
By: 0
AND
. .......
Daniel Young,Senior Vice-President ..
Z
By:
Mark Lansdon,Vice-President rpf 0
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On February 6,2017 before me, Lucille Raymond,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark Lansdon
Nanne(s)ol'Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE FWAYWN"D which the person(s)acted,executed the instrument.
rA Commission-- - #2081945
Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Z Orange County true and correct.
Mg Comm. Cfres Oct 13 2018 t
—— — —— — —— — WITNESS my hand and official seat.
Place Notary Sea]Above Signature
Lucillt�6ykond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power ofAllorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this day of Sip ao
,*' (AND
r
BY., 1936 0
Ck7�_ P1 �67
U"
Cassie J.Afiffisford,Assistant Se#tary
Cl
01
ATS-1002(02/17)
ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT
PWR COVERED PROJECT
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
THIS CONTRACT,made and entered into this 8'' day of November, 2017,by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and G & T
Excavating,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
Contractor's services under this Agreement shall consist of the following:
A. Mobilization.
B. Temporary signage,protection and traffic control.
C. Erosion control and cleanup.
D. Clearing and grubbing.
E. Construction of Porous Concrete Sidewalk
F. Construction of Concrete Curbs and Ramps
G. Asphalt Concrete Paving
H. Stormwater Improvements
I. Performance of additional and incidental work as called for by specifications and plans.
2. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents
prepared by the City and performance pertaining to this Agreement,in the City of Tigard,Oregon,
and by this reference made a part hereof to the same legal force and effect as if set forth herein in
full.
3. Compensation
A. City agrees to pay Contractor One Hundred Seventy-Eight Thousand One Hundred Seventy-
Two and No/100 Dollars ($178,172.00 for performance of those services provided herein.
B. City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this Contract during the current fiscal year. Funding in future fiscal years shall be
contingent upon budgetary approval by the Tigard City Council.
4. 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 parry judicial proceeding relating to the work other than a suit or action filed in
regard to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor
against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
5. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal,state,local,or other sources is not obtained and continued
at levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified,changed,or interpreted in such
a way that the services are no longer allowable or appropriate for purchase under this
Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
Subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed,or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default(including breach of Contract)to Contractor,may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms,and after receipt of written notice from City,fails to correct such failures within
ten (10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including
breach of Contract) by Contractor shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph(B),Contractor shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an amount
which bears the same ratio to the total fees specified in this Agreement as the services
satisfactorily rendered by Contractor bear to the total services otherwise required to be
performed for such total fee;provided, that there shall be deducted from such amount the
amount of damages, if any, sustained by City due to breach of Contract by Contractor.
Damages for breach of Contract shall be those allowed by Oregon law, reasonable and
necessary attorney fees,and other costs of litigation at trial and upon appeal.
6. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,
volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight
embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause;
provided that the party so disenabled shall within ten (10) days from the beginning of such delay,
notify the other party in writing of the causes of delay and its probable extent. Such notification
shall not be the basis for a claim for additional compensation. Each party shall,however,make all
reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation
of the cause,diligently pursue performance of its obligation under Contract.
7. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the
terms of this Contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any future
occasion.
8. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that
the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court
costs including attorney's fees and court costs on appeal.
9. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws
of the State of Oregon. Any action or suits involving any questions arising under this Agreement
must be brought in the appropriate court of the State of Oregon.
10. Indemnification
Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold
them harmless from any and all liability, causes of action, claims, losses, damages, judgments or
other costs or expenses including attorney's fees and witness costs and (at both trial and appeal
level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity
which in any way arise from,during or in connection with the performance of the work described
in this Contract,except liability arising out of the sole negligence of the City and its employees. If
any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,such
illegality or invalidity shall not affect the validity of the remainder of this indemnification.
11. Insurance
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term
of this Contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder, including the operations of its Subcontractors of any tier. Such
insurance shall include provisions that such insurance is primary insurance with respect to the
interests of City and that any other insurance maintained by City is excess and not contributory
insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's
expense, and keep in effect during the term of this Contract, Comprehensive General
Liability Insurance covering Bodily Injury and Property Damage on an"occurrence" form
(CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance
for the indemnity provided under this Contract. The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at Contractor's
expense, and keep in effect during the term of the Contract, "Symbol 1" Commercial
Automobile Liability coverage including coverage for all owned, hired, and non-owned
vehicles.The Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject employers
under the Oregon Workers'Compensation Law and shall comply with ORS 656.017,which
requires them to provide workers' compensation coverage that satisfies Oregon law for all.
their subject workers. Out-of-state employers must provide Oregon workers'compensation
coverage for their workers who work at a single location within Oregon for more than 30
days in a calendar year. Contractors who perform work without the assistance or labor of
any employee need not to obtain such coverage." This shall include Employer's Liability
Insurance with coverage li nits 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. An 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),,vith an unacceptable financial rating.
F. Certificates of Insurance: A copy of each insurance policy,certified as a true copy by an
authorized representative of the issuing insurance company, or at the discretion of City,in
lieu thereof, a certificate in form satisfactory to City certifying to the issuance of all such
insurance provisions of this Contract shall be forwarded to:
City of Tigard
Attn: Office of Contracts and Purchasing
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work and no
Contract shall be effected until the required certificates have been received and approved by
the City. Ten days cancellation notice shall be provided City by certified mail to the name
at the address listed above in event of cancellation or non-renewal of the insurance. A
renewal certificate will be sent to the above address 10 days prior to coverage expiration.
The procuring of such required insurance shall not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total
amount of any damage,injury,or loss connected with this Contract.
G. Primary Coverage Clarification: All parties to this contract hereby agree that the
contractor's coverage will be primary in the event of a loss.
H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be
included in all general liability,and pollution policies required by this Contract.
12. Method and Place of Giving Notice, Submitting Bills and Maldng Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery,
mail or by email. All notices, bills and payments will need to be sent through email to
andrewn@tigard-or.gov. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD GT EXCAVATING,LLC
Attn: Andrew Newbury Attn: Grady Johnson
Address: 13125 SW Hall Blvd. Address: 10333 Wiseacre Ln
Tigard,OR 97223 Aurora OR 97002
Phone: (503) 718-2472 Phone: 503-678-3232
Email: andrewn@tigaid-oror.gov Email: >rad�!txJ teaca�%aun .cc,ni
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving written notice pursuant to this paragraph.
13. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by
any court of competent jurisdiction,the remainder of this Agreement shall remain in full force and
effect and shall in no way be affected or invalidated thereby.
14. Complete Agreement
This Agreement constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent,modification,or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor,by the signature of its authorized representative,hereby acknowledges that he has read
this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board at their_November 7,2017_business meeting.
CI'T'Y
l
Si ature ature
'Ma✓ j YA_ L• w Mara -5- In 1 jo l g r
Printed Name&Title P , ted Name&Title �iM�y
Date Date
ATTACHMENT H—PERFORMANCE BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
Bond Number. 811566P
Project Name: Commercial St. Pervious Sidewalk
Developers Surety and Indemnity Company (Surety#1) Bond Amount No. 1: $ 178,172.00
(Surety#2)* Bond Amount No. 1*
Ifusin
.g multole sureties Total Penal Sum of Bond. $ 178,172.00
We, GT Excavating, LLC as Principal, and the above identified
Surety(ics),authorized to transact surety business in Oregon,as Surety,hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns firmly by these presents
to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of(total Penal Sum of
Bond)One Hundred Seventy Eight Thousand One Hundred Seventy Two & No/1 00--($178,172#Qbv1ded,
that we the Sureties bind ourselves in such surn "jointly and severally'as well as"severally"only for the
purpose of allowing a jointaction 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 Contractor 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 offigard.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 9th —dayof November — - 2017
PRINCII?Al,: GT Excavating, LLC
Bye'
Signature
rinted Name Ti e
jq)
Attest:
SURETY. Developers Surety and Indemnity Company
(aW jignatumsfor each surety if using multiple bonds)
BY ATTORNEY-IN-FACT-
(Power-of-Afforng must actmoany each sureo bond)
Gloria Bruning
Name
Signature
1201 SW 12th Ave., #500
Address
Portland,OR 97205
City State ZIP
503-224-2500 503-224-9830
Phone Fax
ATTACHMENT I-PAI'MENT BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OFTIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
Bond Number 811566P
Project Name: Commercial St. Pervious Sidewalk
Developers Surety and Indemnity Company (Surety#1) Bond Amount No. 1. $ 178,172.00
(Surety#2)* Bond Amount No.2.* $
If usin
,g multoke sureties Total Penal Sum of Bond: $ 178,172.00
We) GT Excavating, LLC as Principal, and the above identified
Surety(tes),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
13ond)One Hundred Seventy Eight Thousand One Hundred Seventy Two& No/100--($178,172#%vided,
that we the Sureties bind ourselves in such sum "jointly and severally"as well as"severally'only for the
purpose of allowtinga jointaction or actions against any or all of us,and for all other purposed each Surety
binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety),and
WHEREAS,the Principal has entered into a Contract with the City of Tigard, the plans, specifications,
terms,and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard
specifications, special provisions, schedule of performance,and schedule of Contract Prices,are made a
part of this Payment bond by reference, whether or not attached to the Contract (all hereafter called
"Contract');and
WHEREAS,the Principal has agreed to perform the Contract in accordance with the terms,conditions,
requirements, plans, and specifications, and schedule of Contract Prices which are set forth in the
Contract and any attachments, and all authorized modifications of the Contract which increase the
amount of the work, or the cost of the Contract, or constitute authorized extensions of time for
performance of the Contract,notice of any such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall
faithfully and truly observe and comply with the terms,conditions,and provisions of the Contract,in all
respects,and shall well and truly and fully do and perform all matters and things to be performed under
said Contract and any duly authorized modifications that are made,upon the terms set forth therein,and
within the time prescribed therein, or as extended therein as provided in the Contract,with or without
notice to the Sureties,and shall indemnify and save harmless the City of Tigard its officers,agents,and
employees against any claim for direct or indirect damages of every kind and description that shall be
suffered or claimed to be suffered in connection with or arising out of the performance of the Contract
by the Contractor or its subcontractors,and shall promptly pay all persons supplying labor,materials,or
both to the Principal or its subcontractors for prosecution of the work provided in the Contract;and shall
promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment
Compensation Fund from the Principal or its subcontractors in connection with the performance of the
Contract;and shall pay over to the Oregon Department of Revenue all sums required to be deducted and
retained from the wages of employees of the Principal and its subcontractors pursuant to ORS,316.167,
and shall permit no hen nor claim to be filed or prosecuted against the City on account of any labor or
materials fumished; and shall do all things required of the Principal by the laws of the State of Oregon,
then this obligation shall be void,otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated
for the payment of any premiums.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 9th dayof November — - 2017
PRINCIPAL: GT Excavating, LLC
Bj=
Signature
—zLLL/1L ,- '
"
Printed Name&Title
Attest
SURETY: Developers Surety and Indemnity Company
(-dd signatures for each surety if using multiple bm&)
BY ATTORNEY-IN-FACT:
(Power-of--4ffarng must amoi*a�r
y each surety bond)
Gloria Bruning
Name
Signature
1201 SW 12th Ave., #SOO
Address
Portland, OR 97205
City State ZIP
503-224-2500 S03-224-9830
Phone Fax
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint
***Brent Olson,Richard W.Kowalski,Gail A.Price,Vicki Mather,Philip 0.Forker, Gloria Bruning,J.Patrick Dooney,Joel Dietzinan,
Christopher A.Reburn,Karen A.Pierce,Ray M. Paiennent,Tanni Jones,jointly or severally***
as their true and lawful Aftomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(syin-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship',and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officer;may be affixed to any such Power of Attorney or to any certificate ralating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures sho,11 be valid and binding upon the corporations when so affixed and in the future with respeetto any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017,
ff "011141kof"d
By: A NO 1,
Daniel Young,SeniorVice-President %
ta
1936 00T.
%0.
By:
Mark Lansdon,Vice-President
IF 0
A notary public r other officer completing this certificate verifies only the identity of the individual who signed the
whichdocument to this certificate is attached,and not the truthfulness,accuracy,or validity ofthat document.
State of California
County of Orange
On February 6,2017 before me, Lucille Raymond,Notary Public
Data Here Insert Name and Mile of the Officer
personally appeared Daniel Young and Mark LMsdon
Nme(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
• LUCILLE RAYMOND which the person(s)acted,executed the instrument
Commission#�2081945
Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange County true and correct
Mg Comm.Wires Oct 13 2018
WITNESS my hand and official seal. J
Place Notary Seal Above Signature
Lucill t� lyifiond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporatior,5 set forth in the Power of Attorney are in force as of the date of this Certificate.
This Ce)lificate is executed ir,the City of Irvine,California,this day of ANY3
WWII/ �5 .........416ktI..
Of.%
By: 19361i rt
0 W
Caiis�'e r6siord,Assistant S, . 0
taffy . .0 C> V�#67
......... e
ATS-1002(02/17)
ATTACHMENT J—OREGON PREVAILING WAGE RATES
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
May be downloaded from:
htt�//www oregon goe/boli/WHD/PWR/Pages/}iwr state.aspx
291Pagc
ATTACHMENT K—GENERAL CONDITIONS
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
301Page
00110
General Conditions for Construction for the City of Tigard
TABLE OF CONTENTS
PART 00100 - GENERAL CONDITIONS5
Section 00110 - Organization, Conventions,Abbreviations, and Definitions..................................5
00110.00 Organization of Specifications ..........................................................................................................5
00110.05 Conventions Used Throughout the Specifications Include..........................................................5
00110.10 Abbreviations.......................................................................................................................................7
00110.20 Definitions............................................................................................................................................9
Section 00120 - Bidding Requirements and Procedures.................................................................19
00120.01 Receipt of Bids; Opening................................................................................................................ 19
00120.03 Request for Solicitation Documents.............................................................................................. 19
00120.10 Bid Booklet........................................................................................................................................ 19
00120.15 Examination of Work Site and Solicitation Documents;
Considerationof Conditions to be Encountered............................................................................ 19
00120.16 Material, Equipment, and Method Substitutions.........................................................................20
00120.17 Use of Agency-Owned Land for Staging or Storage Areas........................................................20
00120.20 Interpretation of Quantities in Bid Schedule ...............................................................................21
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids................................21
00120.40 Preparation of Bids...........................................................................................................................21
00120.45 Submittal of Bids..............................................................................................................................23
00120.60 Modification or Withdrawal of Bids..............................................................................................24
00120.65 Opening and Comparing Bids........................................................................................................24
00120.67 Bid Mistakes......................................................................................................................................25
00120.68 Low Tide Bids...................................................................................................................................26
00120.70 Rejection of Nonresponsive Bids ..................................................................................................26
00120.80 Reciprocal Preference for Oregon Resident Bidders..................................................................27
00120.90 Disqualification of Bidders..............................................................................................................28
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder.................................................28
Section 00130 -Award and Execution of Contract......................................................................... 29
00130.00 Consideration of Bids......................................................................................................................29
00130.10 Award of Contract............................................................................................................................29
00130.15 Right to Protest Award....................................................................................................................30
00130.20 Cancellation of Award.....................................................................................................................31
00130.30 Contract Booklet..............................................................................................................................31
00130.40 Contract Submittals..........................................................................................................................31
00130.50 Execution of Contract and Bonds.................................................................................................32
00130.60 Failure to Execute Contract and Bonds........................................................................................ 33
00130.70 Release of Bid Guaranties............................................................................................................... 33
00130.80 Project Site Restrictions...................................................................................................................33
00130.85 Tigard Business License...................................................................................................................33
00130.90 Notice to Proceed.............................................................................................................................33
Section00140 - Scope of Work........................................................................................................ 34
00140.00 Purpose of Contract.........................................................................................................................34
TOCA
00110
00140.10 Typical Sections................................................................................................................................34
00140.20 Thickness........................................................................................................................................... 34
00140.30 Agency-Required Changes in the Work........................................................................................ 34
00140.40 Differing Site Conditions .................................................................................
00140.50 Environmental Pollution Changes................................................................................................. 35
00140.60 Extra Work........................................................................................................................................35
00140.65 Disputed Work..................................................................................................................................36
00140.70 Cost Reduction Proposals...............................................................................................................36
00140.80 Use of Publicly Owned Equipment............................................................................................... 37
00140.90 Final Trimnung and Cleanup.......................................................................................................... 38
00140.95 "AS-BUILT" Records......................................................................................................................38
Section00150 - Control of Work..................................................................................................... 40
00150.00 Authority of the Engineer...............................................................................................................40
00150.01 Project Manager's Authority and Duties.......................................................................................40
00150.02 Inspector's Authority and Duties...................................
00150.10 Coordination of Contract Documents..........................................................................................41
00150.15 Construction Stakes,Lines, and Grades........................................................................................42
00150.20 Inspection..........................................................................................................................................42
00150.25 Acceptability of Materials and Work.............................................................................................43
00150.30 Delivery of Notices..........................................................................................................................43
00150.35 Submittals..........................................................................................................................................44
00150.37 Equipment Lists and Other Submittals.........................................................................................49
00150.40 Cooperation and Superintendence by the Contractor................................................................49
00150.50 Cooperation with Utilities............................................................................................................... 50
00150.53 Utilities and Existing Improvements............................................................................................. 51
00150.55 Cooperation with Other Contractors............................................................................................ 53
00150.60 Construction Equipment Restrictions........................................................................................... 54
00150.70 Detrimental Operations................................................................................................................... 55
00150.75 Protection and Maintenance of Work During Construction..................................................... 55
00150.80 Removal of Unacceptable and Unauthorized Work................................................................... 55
00150.90 Final Inspection................................................................................................................................ 56
00150.91 Post-Construction Review............................................................................................................... 56
00150.95 Final Acceptance............................................................................................................................... 56
00150.96 Maintenance Warranties and Guarantees...................................................................................... 56
00150.97 Responsibility of Materials and Workmanship ............................................................................ 57
Section 00160 - Source of Materials................................................................................................ 58
00160.00 Definitions......................................................................................................................................... 58
00160.01 Notification of Source of Supply and Materials........................................................................... 58
00160.05 Qualified Products List (QPL) ....................................................................................................... 58
00160.10 Ordering, Producing, and Furnishing Materials........................................................................... 59
00160.20 Preferences for Materials................................................................................................................. 59
00160.60 Contractor-Furnished Materials and Sources............................................................................... 59
00160.80 Requirements for Sources of Borrow and Aggregate.................................................................60
Section 00165 - Quality of Materials............................................................................................... 62
TOC-2
00110
00165.00 General............................................................................................................................................... 62
00165.01 Rejected Materials.............................................................................................................................62
00165.03 Testing by Agency............................................................................................................................62
00165.04 Costs of Testing................................................................................................................................62
00165.10 Materials Acceptance Guides..........................................................................................................62
00165.20 Materials Specifications and Test Method References................................................................ 62
00165.30 Field-Tested Materials......................................................................................................................63
00165.35 Nonfield-Tested Materials............................................................................................................... 63
00165.50 Acceptance Sampling and Testing.................................................................................................64
00165.70 Use of Materials without Acceptable Materials Conformance Documents ............................64
00165.75 Storage and Handling of Materials................................................................................................. 65
00165.80 Measurement.....................................................................................................................................65
00165.90 Incidental Basis................................................................................................................................. 65
Section 00170 - Legal Relations and Responsibilities.................................................................... 66
00170.00 General............................................................................................................................................... 66
00170.01 Other Agencies Affecting Agency Contracts............................................................................... 66
00170.02 Permits,Licenses, and Taxes.......................................................................................................... 68
00170.03 Furnishing Right-of-Way and Permits........................................................................................... 68
00170.04 Patents, Copyrights, and Trademarks............................................................................................ 69
00170.05 Assignment of Antitrust Rights......................................................................................................69
00170.07 Record Requirements....................................................................................................................... 70
00170.10 Required Payments by Contractors ...............................................................................................73
00170.20 Public Works Bond.......................................................................................................................... 74
00170.32 Protection of Navigable Waters..................................................................................................... 74
00170.60 Safety, Health, and Sanitation Provisions..................................................................................... 74
00170.61 Industrial Accident Protection........................................................................................................75
00170.62 Labor Nondiscrimination................................................................................................................75
00170.63 Payment for Medical Care............................................................................................................... 75
00170.65 Minimum Wage and Overtime Rates for Public Works Projects..............................................75
00170.70 Insurance............................................................................................................................................78
00170.71 Independent Contractor Status ......................................................................................................78
00170.74 Employee Drug Testing Program..................................................................................................78
00170.75 Oregon Tax Laws............................................................................................................................. 78
00170.76 Subcontractors Nondiscrimination................................................................................................78
00170.78 Conflict of Interest........................................................................................................................... 78
00170.79 Third Party Beneficiary.................................................................................................................... 79
00170.80 Responsibility for Damage to Work..............................................................................................79
00170.82 Responsibility for Damage to Property and Facilities................................................................. 79
00170.85 Responsibility for Defective Work................................................................................................ 80
00170.89 Protection of Utility, Fire-control, and Railroad Property and
Services; Repair; Roadway Restoration............................................................................................ 82
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations......................................................... 83
00170.93 Trespass.............................................................................................................................................. 83
00170.94 Use of Explosives............................................................................................................................. 83
Section 00180 - Prosecution and Progress...................................................................................... 84
00180.00 Scope.................................................................................................................................................. 84
'I'OC-3
00110
00180.05 Assignment/Delegation of Contract............................................................................................. 84
00180.06 Assignment of Funds Due under the Contract............................................................................ 84
00180.10 Responsibility for Contract............................................................................................................. 84
00180.15 Agency's Right to Do Work at Contractor's Expense................................................................ 84
00180.20 Subcontracting Limitations............................................................................................................. 85
00180.21 Subcontracting.................................................................................................................................. 85
00180.22 Payments to Subcontractors and Agents of the Contractor...................................................... 87
00180.30 Materials, Equipment, and Work Force........................................................................................ 88
00180.31 Required Materials, Equipment, and Methods............................................................................. 88
00180.40 Limitation of Operations................................................................................................................. 89
00180.41 Project Work Schedules...................................................................................................................90
00180.42 Preconstruction Conference......................................................................................................... 100
00180.43 Commencement and Performance of Work.............................................................................. 100
00180.44 Project Meetings............................................................................................................................. 100
00180.50 Contract Time to Complete Work............................................................................................... 102
00180.60 Notice of Delay............................................................................................................................... 103
00180.65 Right-of-Way and Access Delays................................................................................................. 104
00180.70 Suspension of Work....................................................................................................................... 104
00180.80 Adjustment of Contract Time...................................................................................................... 105
00180.85 Failure to Complete on Time;Liquidated Damages................................................................. 107
00180.90 Termination of Contract and Substituted Performance........................................................... 108
Section 00190-Measurement of Pay Quantities .......................................................................... 111
00190.00 Scope................................................................................................................................................ 111
00190.10 Measurement Guidelines............................................................................................................... 111
Section00195-Payment...............................................................................................................114
00195.00 Scope and Limit.............................................................................................................................. 114
00195.10 Payment For Changes in Materials Costs................................................................................... 114
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause......................................... 114
00195.20 Changes to Plans or Character of Work..................................................................................... 115
00195.30 Differing Site Conditions.............................................................................................................. 116
00195.40 Unreasonable Delay by the Agency............................................................................................. 116
00195.50 Progress Payments and Retained Amounts................................................................................ 116
00195.60 Advance Allowance for Materials on Hand................................................................................ 120
00195.70 Payment under Terminated Contract.......................................................................................... 122
00195.80 Allowance for Materials Left on Hand........................................................................................ 123
00195.90 Final Payment.................................................................................................................................. 123
00195.95 Error in Final Quantities and Amounts...................................................................................... 123
Section 00196 - Payment for Extra Work.......................................................................................126
00196.00 General............................................................................................................................................. 126
00196.10 Negotiated Price............................................................................................................................. 126
00196.20 Force Account.................................................................................................................................126
Section 00197 - Payment for Force Account Work........................................................................127
00197.00 Scope................................................................................................................................................ 127
TOC-4
00110
00197.01 Extra Work on Force Account Basis........................................................................................... 127
00197.10 Materials........................................................................................................................................... 127
00197.20 Equipment....................................................................................................................................... 128
00197.30 Labor................................................................................................................................................ 130
00197.80 Percentage Allowances .................................................................................................................. 130
00197.90 Billings.........................................................................................................................
Section 00199 - Disagreements, Protest and Claims.....................................................................132
00199.00 General............................................................................................................................................. 132
00199.10 Procedure for Resolving Disagreements..................................................................................... 132
00199.15 Inappropriate Protest or Claim ................................................................................................... 132
00199.20 Protest Procedure........................................................................................................................... 132
00199.30 Claims Procedure............................................................................................................................ 134
00199.40 Claim Decision; Review; Exhaustion of Adminstrative Remedies......................................... 138
00199.50 Mediation......................................................................................................................................... 140
00199.60 Review of Determination Regarding Records............................................................................ 140
TOC-5
00110
PART 00100 - GENERAL CONDITIONS
Section 00110 - Organization, Conventions,Abbreviations, and Definitions
00110.00 Organization of Specifications -The Specifications are comprised of the following:
• The "General Conditions for Construction for the City of Tigard," published by the Agency,which
contain Part 00100 "General Conditions",which deal with the solicitation process and contractual
relationships;
• The "2015 Oregon Standard Specifications for Construction," which contain Parts 00200 through
03000, published by the Oregon Department of Transportation which contain the detailed
"Technical Specifications" involved in prosecution of the Work, organized by subject matter; and
• The Special Provisions.
In addition, throughout the Specifications:
• Each Part is divided into Sections and Subsections.
• Reference to a Section includes all applicable requirements of the Section.
• When referring to a Subsection, only the number of the Subsection is used; the word "Subsection" is
implied.
• Where Section and Subsection numbers are not consecutive, the interval has been reserved for use
in the Special Provisions or future expansion of the Standard Specifications.
Conventions
00110.05 Conventions Used Throughout the Specifications Include:
(a) Grammar- The "General Conditions for Construction for the City of Tigard", part 00100 "General
Conditions", is written in the indicative mood, in which the subject is expressed. The "2015 Oregon
Standard Specifications for Construction", published by the Oregon Department of Transportation,
which contain parts 00200 through 03000, the detailed "Technical Specifications", are generally written in
the imperative mood, in which the subject is implied. Therefore, throughout Parts 00200 through 03000,
and on the Plans:
• The subject, "the Contractor", is implied.
• "Shall" refers to action required of the Contractor, and is implied.
• "Will" refers to decisions or actions of the Agency and/or the Engineer.
• The following words, or words of equivalent meaning, refer to the actions of the Agency and/or the
Engineer, unless otherwise stated: "allowed", "directed", "established", "permitted", "ordered",
"designated", "prescribed", "required", "determined".
• The words "approved", "acceptable", "authorized", "satisfactory", "suitable", "considered", and
°rejected", "denied", "disapproved", or words of equivalent meaning, mean by or to the Agency
and/or the Engineer, subject in each case to Section 00150 of the General Conditions.
• The words "as shown", "shown", "as indicated", or "indicated" mean "as indicated on the Plans".
• Certain Subsections labeled "Payment" contain statements to the effect that "payment will be made
at the Contract amounts for the following items" (followed by a list of items). In such cases the
Agency shall pay for only those Pay Items listed in the Schedule of Items.
5
00110
(b) Capitalization of Terms - Capitalized terms, other than titles, abbreviations, and grammatical usage,
indicate that they have been given a defined meaning in the Standard Specifications. Refer to Section
00110.20 "Definitions". Defined terms will always be capitalized in Part 00100; in Parts 00200 through
03000, defined terms will generally not be capitalized, with the notable exception of "the Contractor",
"the Agency", and "the Engineer".
(c) Punctuation - In this publication the "outside method" of punctuation is employed for placement of
the comma and the period with respect to quotation marks. Only punctuation that is part of the quoted
matter is placed within quotation marks.
(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and Permits -
References are made in the text of the Specifications to "laws", "acts", "rules", "statutes", "regulations",
"ordinances", etc. (collectively referred to for purposes of this Subsection as "Law"), and to "orders" and
"permits" (issued by a governmental authority, whether local, State, or federal, and collectively> referred to
for purposes of this Subsection as "Pernuts"). Reference is also made to "applicable laws and
regulations". The following conventions apply in interpreting these terms, as used in the Specifications.
• Statutes and Rules - Oregon Revised Statutes (ORS) and Oregon Administrative Rules (CSAR)
referenced in the Specifications are accessible on line, including through the Oregon Legislative
Counsel Committee web site and through the Oregon Secretary of State Archives Division web site.
• Law- In each case, unless otherwise expressly stated therein, the Law, is to be understood to be the
current version in effect. This also applies where a specific Law is referenced or cited, regardless of
whether the text of the Law has been included in the Specifications or not, and regardless of
whether the text of the Law has been summarized or paraphrased. In each case, the current version
of the Law is applicable under anv Contract. The reader is therefore cautioned to check the actual
text of the law to confirm that the text included in the Specifications has not been modified or
superseded.
• Permits - Orders and Permits issued by a Government agency may be modified during the course of
performing the Work under a Contract. Therefore, wherever the term "Order" or. "Permit" is used
in the Specifications, it is intended to refer to the then-current version. That version may be
embodied in a modified, superseding order or permit, or it may consist of all terms and conditions
of prior orders or permits that have not been superseded, as well as the additional terms added by
amendment or supplement. In certain cases, the orders and/or permits are identified by name in the
Specifications; in other cases the terms are used in the generic sense. The reader is cautioned to
check the text(s) of each order and permit identified either by name or by generic reference.
• Applicable Laws and Regulations - Where the phrase "applicable laws and regulations" appears, it is
to be understood as including all applicable laws, acts, regulations, administrative rules, ordinances,
statutes, and orders and permits issued by a governmental or regulatory authority.
6
00110
Abbreviations
00110.10 Abbreviations - Following are meanings of abbreviations used in the Standard Specifications, in
the Special Provisions, on the Plans, and in other Contract Documents. Other abbreviations and meanings
of abbreviations may be in the individual Sections of the Standard Specifications to which they apply, in the
Special Provisions, and in OAR 731-005 and OAR 731-007.
AAR - Association of American Railroadsk
A ASHTO- American Association of State Highway and Transportation Officials
ABC - Associated Builders and Contractors, Inc.
AC - Asphalt Concrete
ACI - American Concrete Institute
ACP - Asphalt Concrete Pavement
ACWS - Asphalt Concrete Wearing Surface
AGC - Associated General Contractors of America
AIA - American Institute of Architects
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
AWP A - American Wood Protection Association
AWS - American Welding Society
AWW A - American Water Works Association
CAgT - Certified Aggregate Technician
CAT-I - Certified Asphalt Technician I
CAT-II - Certified Asphalt Technician Il
CBM - Certified Ballast Manufacturers
CCO - Contract Change Order
CCT - Concrete Control Technician
CDT - Certified Density Technician
CEBT - Certified Embankment and Base Technician
CMDT - Certified Mixture Design Technician
CPF - Composite Pay Factor
CRSI - Concrete Reinforcing Steel Institute
CFR - Code of Federal Regulations
CS - Commercial Standard, Commodity Standards Division, U.S. Department of Commerce
D1.1 - Structural Welding Code - Steel,American Welding Society, current edition
D1.5 - Bridge Welding Code,American Welding Society, current edition
DBE - Disadvantaged Business Enterprise
00110
DEQ - Department of Environmental Quality, State of Oregon
DOG AMI - Department of Geology and Mineral Industries, State of Oregon
DSL, - Department of State Lands, State of Oregon
EAC - Emulsified Asphalt Concrete
EPA - U.S. Environmental Protection Agency
SSCP - 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
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, FHW'A, U.S.
Department of Transportation
NEC - National Electrical Code
NEMA - National Electrical Manufacturer's Association
NESC - National Electrical Safety Code
NIST - National Institute of Standards and Technology
NPDES - National Pollutant Discharge Elimination System
NPS - Nominal Pipe Size (dimensionless)
OAR - Oregon Administrative Rules
ODA - Oregon Department of Agriculture
ODOT - Oregon Department of Transportation
ORS - Oregon Revised Statutes
OR-OSHA -Oregon Occupational Safety and Health Division of the Department of Consumer and
Business Services
OSHA - Occupational Safety and Health Administration, U.S. Department of Labor
PCA - Portland Cement Association
PCC - Portland Cement Concrete
PCI - Precast/Prestressed Concrete Institute
PCP - Pollution Control Plan
PF - Pay Factor of a constituent
PLS - Professional Land Surveyor
PMBB - Plant?\,Iixed Bituminous Base
PTI - Post-Tensioning Institute
PUC - Public Utility Commission, State of Oregon
QA - Quality Assurance
QC - Quality Control
QCT - Quality Control Technician
QL - Quality Level
8
00110
QPL - Qualified Products List
RAP - Reclaimed Asphalt Pavement
RE A - Rural Electrification Administration, U.S. Department of Agriculture
RMA - Radio Manufacturers Association or Rubber Manufacturers Association
SAE - Society of Automotive Engineers
SI - International System of Units (Systeme Internationale)
SRCM - Soil and Rock Classification Manual (ODOT)
SSPC - Society for Protective Coatings
T - Tolerances,AASHTO Test Method
TM - Test Method (ODOT)
TV - Target Value
UBC - Uniform Building Code (as adopted by the State of Oregon)
UL - Underwriters Laboratory, Inc.
UPC - Uniform Plumbing Code (as adopted by the State of Oregon)
USC - United States Code
WAQTC - Western Alliance for Quality Transportation Construction
WCLIB - West Coast Lumber Inspection Bureau
WWPA - Western Wood Products Association
Definitions
00110.20 Definitions - Following are definitions of words and phrases used in the Standard Specifications,
in the Special Provisions, on the Plans, and in other Contract Documents. Other definitions may be in the
individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in
OAR 731-005 and OAR 731-007.
Add by Special Provisions any required project-specific definitions not already in the General Conditions.
Act of God or Nature - A natural phenomenon of such catastrophic proportions or intensity as would
reasonably prevent performance.
Addendum -A written or graphic modification, issued before the opening of Bids, which revises, adds to,
or deletes information in the Solicitation Documents or previously issued Addenda.
Additional Work- Increased quantities of any Pay Item, within the scope of the Contract, for which a unit
price has been established.
Advertisement-The public announcement (Notice to Contractors, Invitation to Bid or Advertisement for
Bids) inviting Bids for Work to be performed or Materials to be furnished.
Agency- The City of Tigard, a municipal corporation of the State of Oregon, county, or State agency or
special district or political subdivision, as applicable,which has entered into a Contract with the Contractor.
Agency-Controlled Lands - Lands owned by the Agency, or controlled by the Agency under lease or
agreement, or under the jurisdiction and control of the Agency for the purposes of the Contract.
Aggregate - Rock of specified quality and gradation.
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Attorney in Fact -An Entity appointed by another to act in its place, either for some particular purpose, or
for the transaction of business in general.
Award-Written notification to the Bidder that the Bidder has been awarded a Contract.
Base -A Course of specified material of specified thickness placed below the Pavement.
Bid- A competitive offer,binding on the Bidder and submitted in response to an invitation to bid.
Bid Bond -The Surety bond for Bid guarantee.
Bid Booklet - The information included in the Solicitation Documents that contain the information
identified in 00120.10.
Bid Closing- The date and time after which Bids, Bid modifications, and Bid withdrawals will no longer be
accepted.
Bid Documents - See under Solicitation Documents.
Bid Opening- The date and time Bids are opened.
Bid Schedule -The list of Pay Items, their units of measurement, and estimated quantities. (When a
Contract is awarded, the Bid Schedule becomes the Schedule of Items.)
Bid Section- The portion of the Bid Booklet containing all pages after the Bidder's checklist and before the
appendix.
Bidder-An Entity that submits a Bid in response to an invitation to bid.
Bike Lane - A lane in the Traveled Way, designated by striping and Pavement markings for the preferential
or exclusive use of bicyclists.
Borrow -Material lying outside of planned or required Roadbed excavation used to complete Project
earthwork.
Boulders -Particles of rock that will not pass a 12 inch square opening.
Bridge -A single or multiple span Structure, including supports, that carries motorized and non-motorized
vehicles, pedestrians, or utilities on a Roadway,walk, or track over a watercourse, highway, railroad, or other
feature.
Buttress -A rock fill placed at the toe of a landslide or potential landslide in order to resist slide movement.
Calendar Day -Any day shown on the calendar, beginning and ending at midnight.
Camber-A slight arch in a surface or Structure to compensate for loading.
Change Order - A written order issued by the Engineer to the Contractor modifying Work required by the
Contract, or adding Work within the scope of the Contract, and, if applicable, establishing the basis of
payment for the modified Work.
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Changed Work-Work included in a Pay Item and within the scope of the Contract that is different from
that reflected in the Contract Documents. (see 00140.30)
Class of Project- A designation based on a Project's funding source,i.e., State or Federal-Aid.
Class of Work-A designation referring to the type of Work in which Bidders must be pre-qualified, if
prequalification is required
Clay - Soil passing a No. 200 sieve that can be made to exhibit plasticity (putty-like properties) within a
range of water contents.
Clear Zone - Roadside border area, starting at the edge of the Traveled Way, that is available for safe use by
errant vehicles. Establishing a minimum width Clear Zone implies that rigid objects and certain other
hazards within the Clear Zone should be relocated outside the Clear Zone, or shielded, or remodeled to
make them break away on impact or be safely traversable.
Close Conformance - Where working tolerances are given on the Plans or in the Specifications, Close
Conformance means compliance with those tolerances. Where working tolerances are not given, Close
Conformance means compliance, in the Engineer's judgment, with reasonable and customary manufacturing
and construction tolerances.
Coarse Aggregate - Crushed Rock or crushed Gravel retained on a 1/4 inch sieve, with allowable
undersize.
Cobbles - Particles of Rock, rounded or not, that will pass a 12 inch square opening and be retained on a 3
inch sieve.
Commercial Grade Concrete - Concrete furnished according to Contractor proportioning, placed in
minor Structures and finished as specified.
Contract- The written agreement between the Agency and the Contractor, including without limitation all
Contract Documents, describing the Work to be completed and defining the rights and obligations of the
Agency and the Contractor.
Contract Amount (Contract Price) - Sum of the Pay Item amounts computed by multiplying the Pay Item
quantities by the unit prices in the Schedule of Items.
Contract Day- A day counted for purposes of charging Contract Time.
Contract Documents - Solicitation Documents, Specifications, Standard and Supplemental Drawings,
Contract Booklet, Change Orders, Force Account Work orders, pay documents issued by the Agency,
Materials certifications, Project Work schedules, final estimate, written orders and authorizations issued by
the Agency, Material source development and reclamation plans, and permits, orders and authorizations
obtained by the Contractor or Agency applicable to the Project, as well as all documents incorporated by
reference therein.
Contract Time - The amount of time allowed to complete the Work under the Contract.
Contractor- The Entity awarded the Contract according to the solicitation.
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Correction Period- Period from Second Notification to Final Acceptance as per subsection 00170.85(b).
Course -A specified Surfacing Material placed in one or more Lifts to a specified thickness.
Coverage - One Pass by a piece of Equipment over an entire designated area.
Cross Section- The exact image formed by a plane cutting through an object, usually at right angles to a
central axis, to determine area.
Day -A Calendar Day including weekdays,weekends, and holidays, unless otherwise specified.
Defective - An adjective which when modifying the word "Work" refers to work that: (1) is unsatisfactory,
faulty or deficient; (2) does not conform to the Contract Documents; (3) does not meet the requirements of
any inspection, test for approval referred to in the Contract Documents; or (4) has been damaged prior to
Engineer's recommendation for final payment.
Durable Rock- Rock that has a slake durability index of at least 900/'o based on a two-cycle slake durability
test, according to ASTM D 4644. In the absence of test results, the Engineer may evaluate the durability
visually.
Emulsified Asphalt - Emulsified asphalt cement.
Emulsified Asphalt Concrete -A mixture of Emulsified Asphalt and graded Aggregate.
Engineer- The Engineer who represents the Agency and who is designated by the Agency to administer
the Contract.
Entity-A natural person capable of being legally bound, sole proprietorship, limited liability company,
corporation, partnership, limited liability partnership, limited partnership, profit or nonprofit
unincorporated association, business trust, two or more persons having a joint or common economic
interest, or any other person with legal capacity to contract, or a government or governmental subdivision.
Equipment -All machinery, tools, manufactured products, and fabricated items needed to complete the
Contract or specified for incorporation into the Work.
Establishment Period- The time specified to assure satisfactory establishment and growth of planted
Materials.
Existing Surfacing - Pavements, slabs, curbs, gutters,walks, driveways, and similar constructions of bricks,
blocks, Portland cement concrete, bituminous treated materials, and granular surfacing materials on existing
Highways.
Extra Work- Work not included in the Contract, but deemed by the Engineer to be necessary to complete
the Project.
Field Order—A written order issued by the Engineer which requires minor changes in the Work but which
may not involve a change in the Contract Amount or the Contract Times.
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Final Acceptance -Written confirmation by the Agency that the Project has been completed according to
the Contract including all corrective work identified by the Agency during the Correction Period, with the
exception of latent defects and Warranty obligations, if any, and has been accepted.
Final Inspection -The inspection conducted by the Engineer to determine that the Project has been
completed according to the Contract.
Fine Aggregate - Crushed Rock, crushed Gravel, or Sand that passes a 1/4 inch sieve, with allowable
oversize.
First Notification-Written Notice to Proceed issued to the Contractor by the Engineer.
Force Account Work- Items of Extra Work ordered by the Engineer that are to be paid according to
Section 00197.
Granular Material- Graded and selected free-draining material composed of particles of Rock, Sand, and
Gravel.
Gravel- Particles of Rock, rounded or not, that will pass a 3 inch sieve and be retained on a No. 4 sieve.
Highway- Every road, street, thoroughfare and place, including bridges, viaducts and other structures
within the boundaries of the State, open,used or intended for use by vehicular traffic.
Incidental-A term identifying those acts, services, transactions, property, Equipment, labor, Materials, or
other items for which the Agency will make no separate or additional payment.
Inspector-The representative of the Engineer authorized to inspect and report on Contract performance.
Leveling -Placing a variable-thickness Course of Materials to restore horizontal and vertical uniformity to
existing Pavements, normally continuous throughout the Project.
Lift- The compacted thickness of material placed by Equipment in a single Pass.
Local Contracting Review Board—The City Council of the City of Tigard (Agency).
Mandatory Source -A material source provided by the Agency from which the Contractor is required to
obtain Materials. (see 00160.00(b) and 00160.40)
Materials -Any natural or manmade substance specified for use in the construction of the Project or for
incorporation into the Work.
Median-The portion of a divided Highway separating traffic traveling in opposite directions.
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.
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Multi-Use Path- That portion of the Highway Right-of-Way or a separate Right-of-Way, physically
separated from motor vehicle traffic and designated for use by pedestrians, bicyclists and other non-
motorized users.
Neat Line - Theoretical lines specified or indicated on the Plans for measurement of quantities.
Nondurable Rock- Rock that has a slake durability index of less than 90% based on a two-cycle slake
durability test, as tested by ASTM D 4644, or Rock that is observed to readily degrade by air, water, and
mechanical influence.
Notice to Contractors - The public announcement inviting Bids for Work to be performed or Materials to
be provided.
Notice to Proceed- Written notice authorizing the Contractor to begin performance of the Work.
On-Site Work-Any Work taking place on the Project Site, including designated staging areas adjacent to
the Project Site, except for installation of covered temporary signs according to Section 00225.
Organic Soil-A Soil with sufficient organic content to influence the Soil properties.
Panel-The width of specified Material being placed by Equipment in a single Pass.
Pass - One movement of a piece of Equipment over a particular location.
Patching - Placing a variable-thickness Course of Materials to correct sags, dips, and/or bumps to the
existing grade and Cross Section, normally intermittent throughout the Project.
Pavement-Asphalt concrete or Portland cement concrete placed for the use of motor vehicles, bicycles, or
pedestrians on Roadways, Shoulders, Multi-Use Paths and parking areas.
Pay Item (Contract Item) -A specific unit of Work for which a price is provided in the Contract.
Payment Bond- The approved security furnished by the Contractor's Surety as a guaranty of the
Contractor's performance of its obligation to pay promptly in full all sums due for Materials, Equipment,
and labor furnished to complete the Work.
Peat- A Soil composed primarily of vegetative matter in various stages of decomposition, usually with an
organic odor, dark brown to black color,and a spongy consistency.
Performance Bond -The approved security furnished by the Contractor's Surety as a guaranty of the
Contractor's performance of the Contract.
Plans (Drawings) - Standard and Supplemental Drawings, and approved unstamped and reviewed and
accepted stamped Shop Drawings and Deferred Submittals. (see 00150.10 and 00150.35)
Project- The sum of all Work to be performed under the Contract.
Project Manager- The Engineer's representative directly responsible for administration of a Contract.
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Project Site -The geographical dimensions of the real property on which the Work is to be performed,
including designated contiguous staging areas.
Prospective Source -A Material source provided by the Agency, from which the Contractor has the option
of obtaining Materials. (see 00160.00(a) and 00160.40)
Publicly-Owned Equipment- Equipment acquired by a state, county, municipality or political subdivision
primarily for use in its own operations.
Public Traffic -Vehicular or pedestrian movement, not associated with the Contract Work, on a public
way.
Railroad - Publicly or privately owned rail carriers, including passenger, freight, and commuter rail carriers,
their tenants, and licensees. Also, Utilities that jointly own or use such facilities.
Right-of-Way -Land, property, or property interest, usually in a strip, acquired for or devoted to
transportation or other public works purposes.
Roadbed- Completed excavations and embankments for the Subgrade, including ditches, side slopes, and
slope rounding, if any.
Roadside - The area between the outside edges of the Shoulders and the Right-of-Way boundaries.
Unpaved median areas between inside Shoulders of divided Highways and infield areas of interchanges are
included.
Roadway - That portion of a Highway improved, designed, or ordinarily used for vehicular travel, exclusive
of the berm or Shoulder. If a Highway includes two or more separate Roadways, the term "Roadway" refers
to any such Roadway separately, but not to all such Roadways collectively. (see Traveled Way)
Rock- Natural deposit of solid material composed of one or more minerals occurring in large masses or
fragments.
Schedule of Items -The list of Pay Items, their units of measurement, estimated quantities, and prices.
Schedule of Values - The breakdown of the values of the component elements comprising a lump sum
Pay Item.
Second Notification- Written acknowledgment by the Engineer of Substantial Completion of a Milestone
or of the Work according to 00180.50(g).
Shoulder- The part of a Roadbed contiguous to the Traveled Way or Roadway, whether paved or unpaved,
for accommodating stopped vehicles, for emergency use and for lateral support of Base and surface
Courses.
Silt- Soil passing a No. 200 sieve that is nonplastic or exhibits very low plasticity.
Single Course Construction -A wearing Course only, not including patching or leveling Courses or partial
width Base Course.
Slope -Vertical distance to horizontal distance, unless otherwise specified.
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Soil- Accumulations of particles produced by the disintegration of Rock,which sometimes contains organic
matter. Particles may vary in size from Clay to Boulders.
Solicitation Documents - Documents which define the procurement of a public improvement Project,
including, but not limited to, the Bid Booklet, Contract Booklet, Agency-provided Plans, Standard
Specifications, Special Provisions, Addenda, and which includes all documents incorporated by reference.
May also be called Bid Documents.
Special Provisions - The special directions, provisions, and requirements specific to a Project that
supplement or modify the Standard Specifications. Permits and orders governing the Project that are issued
directly to the Agency by a governmental or regulatory authority are considered to be part of the Special
Provisions, to the extent and under the conditions stipulated in the Special Provisions.
Specifications -The Standard Specifications and Special Provisions, together with all provisions of other
documents incorporated therein by reference.
Standard Drawings - The Agency-prepared detailed drawings for Work or methods of construction that
normally do not change from project to project.
Standard Specifications —The "General Conditions for Construction for the City of Tigard" published by
the Agency, and the "2015 Oregon Standard Specifications for Construction", Parts 00200 through 03000,
"Technical Specifications", published by the Oregon Department of Transportation as amended by the
Agency. It provides directions, provisions, and requirements necessary for performing public improvement
projects.
State -The State of Oregon.
Structures -Bridges, retaining walls, endwalls, cribbing, buildings, culverts, manholes, catch basins, drop
inlets, sewers, service pipes, underdrains, foundation drains, and other similar features which may be
encountered in the Work.
Subbase -A Course of specified material of specified thickness between the Subgrade and a Base.
Subcontractor-An Entity having a direct contract with the Contractor or another Subcontractor, to
perform a portion of the Work.
Subgrade - The top surface of completed earthwork on which Subbase, Base, Surfacing, Pavement, or a
Course of other Material is to be placed.
Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the
point where, in the opinion of Engineer, the Work (or specified part thereon 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
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or transverse beam, whichever is lower. Culverts and rigid frames are considered to be entirely
Substructure.
Superstructure - Those parts of a Structure above the Substructure, including bearing devices.
Supplemental Drawings - The Agency-prepared detailed drawings for Work or methods of construction
that are Project specific, and are denoted by title in the Project title block.
Supplier- The Entity that furnishes goods to be incorporated into the Work.
Surety- The Entity that issues the bond.
Surfacing - The Course or Courses of material on the Traveled Way, auxiliary lanes, Shoulders, or parking
areas for vehicle use.
Third Notification- Written acknowledgment by the Engineer, subject to Final Acceptance, that as of the
date of the notification the Contractor has achieved Final Completion of the Project according to the
Contract, including without limitation completion of all minor corrective work, Equipment and plant
removal, site clean-up, and submittal of all certifications, bills, forms and documents required under the
Contract.
Ton- One short ton of 2,000 pounds (Ton, ton,Tn, or T).
Topsoil- Soil ready for use in a planting bed.
Traffic Lane - That part of the Traveled Way marked for moving a single line of vehicles.
Traveled Way -That part of the Highway for moving vehicles, exclusive of berms and Shoulders.
Typical Section -That Cross Section established by the Plans which represents in general the lines to
which the Contractor shall work in the performance of the Contract.
Unsuitable Material- Frozen material, or material that contains organic matter, muck, humus, peat, sticks,
debris, chemicals, toxic matter, or other deleterious materials not normally suitable for use in earthwork.
Utility -A line, facility, or system for producing, transmitting, or distributing communications, power,
electricity, heat, gas, oil,water, steam,waste, storm water not connected with highway drainage, or any other
similar commodity which directly or indirectly serves the public. The term may also mean the utility
company, district, or cooperative owning and operating such facilities, including any wholly-owned or
controlled subsidiary.
Warranty Bond -The approved security furnished by the Contractor's, Subcontractor's, Manufacturer's,
Installer's or Supplier's Surety as a guaranty of performance of their respective warranty obligations.
Work-The furnishing of all Materials, Equipment, labor, and Incidentals necessary to successfully complete
any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the
Contract.
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
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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.
00120.03 Request for Solicitation Documents—See Special Provisions.
00120.10 Bid Booklet—The Bid Booklet may include,but is not limited to
• Advertisement for Bids
• Bidder's checklist
• Bid Section
• Appendix, which includes required time-sensitive forms, DBE information, sample forms, and other
informational pages
The Bid Section includes all pages after the Bidder's checklist and before the appendix. The Bid Section
may include, but is not limited to:
• Description and location of the proposed Project
• Time, date, and location for opening Bids
• Project completion time
• Class of Project (i.e., Federal-Aid or State)
• Class of Work
• Bid statement
• Certificate of non-collusion
• Certificate of Nondiscrimination
• Certificate of noninvolvement in any debarment or suspension (for Federal-Aid Projects)
• Certificate regarding lobbying activities (for Federal-Aid Projects)
• Certificate of residency (for State Projects)
• Certificate of compliance with Oregon tax laws
• Bid Schedule
• Acknowledgement of Addenda
• Identification of Bidder(s) and Sureties
• Bid signature page
• Bid Bond form
• First-tier Subcontractor Disclosure form
Depending on the Class of Project, other certificates or statements may be bound within the Bid Section.
Plans, Specifications, and other documents referred to in the Bid Section will be considered part of the Bid.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered - Before submitting a Bid, Bidders shall make a careful visual examination of the site of the
proposed Work, the Bid Booklet, Plans, and Specifications. Bidders shall also review amT subsurface
investigation material referenced in 00120.25 that may be available and conduct additional investigation of
any unusual condition apparent during the visual site examination. As soon as reasonably practicable after
noting any such unusual condition, Bidder shall notify Agency,in writing, of any such unusual condition and
the additional investigation undertaken by Bidder. Submission of a Bid will constitute confirmation that the
Bidder has examined the Project Site and finds the Plans and Specifications to be sufficiently detailed and
accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered
in performing the Work and all requirements of the Contract.
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00120
The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's
failure to fully examine the site and become fully informed about all conditions of the Work, or failure to
request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing by e-mail
through the Engineer. Notification of erroneous or incomplete Plans or- Specifications shall also be
submitted to the Engineer. Unless the procurement period is shorter than one week, notifications and
requests for changes or clarification shall be submitted at least seven Days prior to the date of Bid Closing.
The Agency will respond to each request at least 72 hours prior to the date of Bid Closing. If the
Procurement period is less than seven Days, requests shall be submitted within one Day after the
Procurement is issued and the Agency will issue its response to each such request at least 24 hours prior to
Bid Closing. Failure to timely request clarification or changes shall be deemed acceptance of all of the terms
and conditions of the Procurement. Oral explanations or interpretations given before receiving Bids for a
Project will not be binding. To be binding, interpretation of the Plans and Specifications by the Agency
must be made by written Addendum furnished to all Holders of Bidding Plans according to 00120.30.
00120.16 Material, Equipment, and Method Substitutions -When the Contract specifies certain
Materials, Equipment, and/or Methods, the Bidder shall include those Materials, Equipment, and/or
Methods in the Bid. Substitution after execution of the Contract is specified in 00180.31(b), 00180.31(c),
and 00180.31(d).
Note that it is City policy that Substitutions will not be considered during the Bid Period and only after the
execution of Contract as per Subsection 00180.31(b), (c) and (d). The Specifier should only specify
contractor Methods where absolutely necessary. Ordinarily contractor Methods should be determined by
the contractor.
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:
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00120
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by, or resulting from, Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The Agency does not warrant that the actual
individual items, amount of Work, or quantities will correspond to those shown in the Bid Schedule.
Payment to the Contractor will be made only for actual quantities of Work performed and accepted or
Materials furnished and accepted, as required by the Contract. Quantities of Work to be performed and
Materials to be furnished may each be increased, decreased, or omitted as provided in 00120.30 and
00140.30.
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids - The Agency
reserves the right to issue Addenda making changes or corrections to the Plans, Specifications, or quantities.
Only holders of Solicitation Documents obtained from the Agency's office who have been identified by the
Agency as Holders of Bidding Plans will be notified of these Addenda by e-mail, or delivery service, sent to
the Bidder's address as it appears in the Agency's files.
The Agency may extend Bid Closing if Agency determines prospective Bidders need additional time to
review and respond to Addenda. Agency will not, except to the extent required by a countervailing public
interest, issue Addenda less than 72 hours before Bid Closing unless the Addendum also extends Bid
Closing.
Bidders shall acknowledge Addenda by submitting the "Acknowledgment of Addendum" in the Bid Booklet
with their Bids. The Agency will not be responsible for failure of Bidders to receive Addenda sent as
described in the preceding paragraph. Bids shall incorporate all Addenda. Bids may be rejected if opened
and found by the Agency to not be based on all Addenda issued before Bid Closing.
00120.40 Preparation of Bids:
(a) General:
(1) Bids - The Bidders shall not alter, in any manner, the documents within the Bid Section. Bidders
shall complete the certifications and statements included in the Bid Section of the Bid Booklet
according to the instructions. Signature of the Bidder's authorized representative thereon
constitutes the Bidder's confirmation of and agreement to all certifications and statements
contained in the Bid Booklet. Entries on the documents in the Bid Section shall be in black or blue
ink or typed. Signatures and initials shall be in black or blue ink.
The Bidder shall properly complete and bind all the documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40(d))
(b) Bid Schedule Entries:
(1) Bid Schedule Entries - Using figures, Bidders shall fill in all blank spaces in the Bid Schedule.
For each item in the Bid Schedule, Bidders shall enter the unit price and the product of the unit price
multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more than
two decimal places to the right of the decimal point, and shall be expressed in U.S. dollars and cents
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(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 279C365(4))
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with the
Bid Booklet or an alternative Bid Bond form acceptable to the Agency. Bidders shall submit the bond
with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted by mail,
delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid
Booklet.
• Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
• Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered
by 00130.70.
(e) Disclosure of First-Tier Subcontractors -Without regard to the amount of a Bidder's Bid, if the
Agency's cost estimate for a public improvement project in the Advertisement for Bids, or in other
Solicitation Documents, exceeds $100,000, the Bidder shall, within 2 working hours of the time Bids are
due to be submitted, submit to the Agency, on a form provided by the Agency, a disclosure identifying
any first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is
equal to or greater than:
• 5% of the total Project Bid,but at least$15,000;or
• $350,000,regardless of the percentage of the total Project Bid.
For each Subcontractor listed, Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract; and
• The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate
by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders
shall provide all requested information. An incomplete form will be cause for rejection of the Bid.
The Subcontractor Disclosure Form may be submitted for a Bid either:
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00120
• 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 137-0149-0360).
00120.45 Submittal of Bids:
(a) Bids shall be submitted by mail, parcel delivery service, or hand delivery to the Agency, in the manner
and at the times given in the Special Provisions. Submit Bids in a sealed envelope. If a delivery or
courier service is used, the Bidder shall place the sealed envelope containing the Bid inside the
delivery or courier service's envelope.
Bids submitted after Bid Closing time will not be opened or considered. The Agency assumes no
responsibility for the receipt and return of late Bids.
Preparation and submission of Bids is at the sole risk and expense of the Bidder and is not a cost of
Contract performance.
(b)All Bid material submitted by Bidder shall become the property of the Agency and is public record
unless otherwise specified. A Bid that contains any information that is considered trade secret under
ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records L,aw,
ORS 192. The above restrictions may not include cost or price information, which trust be open to
public inspection.
00120.60 Modification or Withdrawal of Bids:
(a) Modification- Bids once submitted may be modified in writing prior to the time and date set for
Bid Closing and submitted to the place designated for receipt of Bids. Any modifications shall be
prepared on the company letterhead, signed by an authorized representative, and state that the new
document supersedes or modifies the prior Bid. The Bid modification shall be delivered in a sealed
envelope and shall be marked as follows:
BID MODIFICATION
Bid Title and Closing Date and Time
(c) Withdrawal- Bids may be withdrawn by written notification on company letterhead signed by an
authorized representative and received prior to the time and date set for Bid Closing and submitted
to the place designated for receipt of Bids. Bids also may be withdrawn in person prior to the
scheduled Bid Closing upon presentation of appropriate identification.
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00120
Requests to withdraw Bids shall be marked as follows:
BID WITHDRAWAL
Bid Title and Closing Date and Time
No Bid can be withdrawn after having been opened.
00120.65 Opening and Comparing Bids - Bids will be opened and the total price for each Bid will be
read publicly at the time and place indicated in the Advertisement for Bids. Bidders and other interested
parties are invited to be present.
Bids for each Project will be compared on the basis of the total amount of each Bid. The total amount of
the Bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by
the Bidder.
In case of conflict between the unit price and the corresponding extended amount, the unit price shall
govern, and the Agency may make arithmetic corrections on extension amounts.
Error(s) discovered after Bid opening cannot be corrected by the Bidder and the contractor will be required
to perform work at the unit price if its Bid is accepted.
00120.67 Bid Mistakes:
(a) General- Under extraordinary circumstances, a Bid may be withdrawn after the deadline for
submittal because of an inadvertent nonjudgmental mistake. If the mistake is attributable to an error
in judgment, the Bid may not be withdrawn or corrected. Correction or withdrawal by reason of
nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the
Agency or the fair treatment of other Bidders.
(b) Mistakes Discovered after Bid Closing but before Award- This section applies to situations
where mistakes in Bids are discovered after the submission deadline but before Award.
(1) Minor Informalities - Minor informalities are matters of form rather than substance that are
evident from the Bid Documents, or insignificant mistakes that can be waived or corrected
promptly without prejudice to other Bidders or the Agency; that is, the informality does not
affect price, quantity, quality, delivery, or contractual conditions except in the case of
informalities involving unit prices. Examples include, but are not limited to, the failure of a
Bidder to:
• Return the number of signed Bids or number of other documents required by the Bid Documents;
• Sign the Bid Form in the designated block so long the Bid Documents evidence an intent to be
bound; or
• Acknowledge receipt of an Addendum to the Bid Documents, but only i£
• It is clear from the Bid that the Bidder received the Addendum and intended to be bound by
its terms; or
• The Addendum involved did not affect price, quantity, quality, or delivery.
(c) Mistakes Where Intended Correct Bid is Evident- If the mistake and the intended correct Bid
are clearly on the face of the Bid Form, or can be substantiated from accompanying documents, the
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Agency may accept the Bid. Examples of mistakes that may be clearly evident on the face of the Bid
Form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical
errors. Mistakes that are clearly evident on the face of the Bid Form also may include instances in
which the intended correct Bid is made clearly evident by simple arithmetic calculations. For
example, a missing unit price may be established by dividing the total Bid or proposal item by the
quantity of units for that item, and a missing or incorrect total Bid price for an item may be
established by multiplying the unit price by the quantity when those figures are available on the Bid.
For discrepancies between unit prices and extended prices, unit prices shall normally prevail.
(d) Mistakes Where Intended Correct Bid is Not Evident -The Agency may not accept a Bid in
which a mistake is clearly evident on the face of the Bid Form but the intended correct Bid is not
clearly evident or cannot be substantiated from accompanying documents.
00120.68 Low Tie Bids:
(a) Definition - Low tie Bids are low responsive Bids from responsible Bidders that are identical in
price, fitness, availability and quality and which meet all the requirements and criteria set forth in
the Bid Documents.
(b) Award:
(1) If low tie Bids are received, a preference shall be given to goods and services that have been
manufactured or produced in Oregon.
(2) If the Bids remain tied after application of the Subsection 1, preference shall be given to the
Bidder whose principal offices or headquarters are located in Oregon.
(3) If the Bids remain tied after application of Subsections 1 and 2, the Award shall be made by
drawing lots among any tied Oregon Bidders. Such Bidders shall be given notice and an
opportunity to be present when the lots are drawn.
(4) If there are no Oregon Bidders after application of subsections 1 and 2, Award of the Contract
shall be made by drawing lots.
00120.70 Rejection of Nonresponsive Bids -A Bid will be considered irregular and will be rejected if the
irregularity is deemed by the Agency to render the Bid non-responsive. Examples of irregularities include
without limitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed.
• The Bid contains improper additions, deletions, alternate Bids, or conditions.
• The Bid is submitted on documents not obtained directly from the Agency, or is submitted by a
Bidder who has not been identified by the Agency as a Holder of Bidding Plans, as required by
00120.05.
• The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as
required by 00120.40 and
• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
• The Bid has entries not typed or in ink, or has signatures or initials not in ink.
2-5
00110
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be deternuned.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document. This requirement applies to Agency and State-
funded Projects, with the exception of Aggregate production and landscape Projects. (not required
on Federal laid Projects)
• A disclosure of qualified first-tier Subcontractors, if required under 00120.40(0, is not received
within 2 working hours of the time Bids are due to be submitted, or the disclosure form is not
complete.
• The Bidder has not complied with the DBI' requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid entries are not expressed in U.S. dollars and cents.
• The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the
Agency.
In addition, the Agency- may reject all Bids and suspend the project in the event all Bids exceed the funds
the Agency has appropriated for the project or for good cause upon its fording 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 Hi l the Bid Booklet. Failure to
properly complete the form will be cause to reject the Bid.
As used in the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission of the Bid;
• A business address in the State of Oregon;and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract, add a percentage
increase to the Bid of a Nonresident Bidder equal to the percentage, if any, of the preference given to that
Bidder in the state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each
state will be published on or before January 1 of each year by the Oregon Department of Administrative
Services. The Agency may rely on these percentages without incurring liability to any, Bidder
(ORS 279A.120).
This increase will only be applied to determine the lowest Bid, and will not cause an increase in payment to
the Contractor after Award of the Contract.
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00120
00120.90 Disqualification of Bidders - The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different
name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found not responsible, and
may be subject to criminal prosecution.
• Any of the grounds for disqualification cited in QRS 279C.440.
A Bidder will be disqualified if the Bidder has:
• Not been prequalified if required by 00120.02;
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under
ORS 279C.860;
• Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or been
licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C,.365(1)(k),
QRS 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-slid
projects); or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a
public contract for a public improvement.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is
found to be nonresponsible according to the criteria listed in 00130.10 or ORS 279C.375(3) will be rejected.
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00130
Section 00130 -Award and Execution of Contract
00130.00 Consideration of Bids -After opening and reading Bids, the Agency will check them for correct
extensions of unit prices and totals. (see 00120.65) The total of extensions, corrected where necessary, will
be used by the Agency for Award purposes. Discrepancies between words and figures will be resolved in
favor of words. In selecting the lowest responsive Bid, the Agency reserves the right to take into
consideration any or all alternatives called for in the Bid Form.
The Agency reserves the right to waive minor informalities and irregularities, and to reject any or all Bids for
irregularities under 00120.70 or for good cause after finding that it is in the public interest to do so (ORS
279C.395). An example of good cause for rejection in the public interest is the Agency's determination that
any of the unit Bid prices are materially unbalanced to the Agency's potential detriment. A materially
unbalanced Bid is defined as, "a Bid which generates a reasonable doubt that award to the Bidder submitting
a mathematically unbalanced Bid will result in the lowest cost to the Agency." The Agency may correct
obvious errors, when the correct information can be determined from the face of the document, if it finds
that the best interest of the Agency and the public will be served thereby.
00130.10 Award of Contract-After the Bids are opened and a determination is made that a Contract is to
be awarded, the Contract will be awarded to the lowest responsible Bidder. For the purposes of this
Section, "lowest responsible Bidder" means the responsible Bidder that submitted the lowest responsive Bid
who is not on the list created by the Construction Contractors Board according to ORS 701, and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial, Materials, Equipment, facility and personnel resources and
expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance. In evaluating a Bidders record of performance, the Agency
may consider, among other things, whether the Bidder completed previous contracts of a similar
nature with a satisfactory record of performance. For purposes of evaluating a Bidder's
performance on previous contracts of a similar nature, a satisfactory record of performance means
that to the extent that the costs associated with and time available to perform a previous contract
remained within the Bidder's control, the Bidder stayed within the time and budget allotted for the
procurement and otherwise performed the contract in a satisfactory manner.
• A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may
consider, among other things, whether the Bidder has previous criminal convictions for offenses
related to obtaining or attempting to obtain a contract or subcontract or in connection with the
Bidders performance of a contract or subcontract.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the Agency's inquiry concerning
responsibility. If a prospective Bidder fails to promptly supply information requested by the Agency
concerning responsibility, the Agency shall base the determination of responsibility upon any
available information, or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity, the Agency will
document the record and the reasons for the unsatisfactory finding.
The Agency will mail the Notice of Intent to Award to the Bidders, and may provide Notice of Intent to
Award on the Agency's web site.
The Award will not be final until the later of the following:
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00130
• Seven working days after the Notice of Intent to Award has been posted as specified in the
advertised solicitation or Addendum thereto; or
• The Agency has provided a written response to each timely protest, denying the protest and
affirming the Award.
If the Agency accepts a Bid and awards a Contract, the Agency will send the successful Bidder written
notice of acceptance and Award.
Notice of Award and Contract booklets ready for execution will be sent within 60 Calendar Days of the
opening of Bids or within the number of Calendar Days specified in the Special Provisions or a written
mutual agreement between successful Bidder and Agency.
The Contractor will not automatically be entitled to extra compensation because the commencement of
Work is delayed by failure of the Agency to send the Contract for execution. However, if more Calendar
Days elapse between the date the Bid is opened and the date the Agency sends the Contract to be executed,
as specified in 00130.10, the Agency will consider granting an adjustment of time for completion of the
Work to offset any actual delay to Contract completion resulting directly from delay in commencement.
00130.15 Right to Protest Award -Adversely affected or aggrieved Bidders, limited to the three apparent
lowest Bidders and any other Bidder directly in line for Contract Award, may submit to the Agency a written
protest of the Agency's intent to Award within seven Calendar days following the date of the Notice of
Intent to Award. The protest shall specify the grounds upon which it is based.
An aggrieved Bidder may protest an award only if the Bidder alleges, in its written protest, that it should
have received the award because:
• All lower Bids are non-responsive;
• The Agency failed to conduct the Bid process as described in the Bid Document;
• The Agency has abused its discretion in rejecting the protestor's Bid as non-responsive or non-
responsible; or
• The Agency's evaluation of Bids or subsequent determination of award is otherwise in violation of
ORS Chapters 279A and 279C or the Agency's public contracting rules.
The written protest must describe the facts that support the protest. The Agency may not consider late
protests or protests that do not describe facts that would support a fording that the Bidder is aggrieved for
one of the reasons in clauses (a) through (d) above.
00130.20 Cancellation of Award -Without liability to the Agency, the Agency may for good cause cancel
Award at any time before the Contract is executed by all parties to the Contract, as provided by ORS
279C.395 for rejection of Bids, upon finding it is in the public interest to do so.
00130.30 Contract Booklet- The Contract booklet may include but is not limited to:
• Public Improvement
• Contract
• Performance Bond
• Payment Bond
• Prevailing Wage Rates
• Special Provisions
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00130
00130.40 Contract Submittals - Before the Agency will execute the Contract, the successful Bidder shall
furnish the following:
(a) Performance and Payment Bonds -When Awarded the Contract, the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State of
Oregon.
The successful Bidder shall submit the standard bond forms, which are bound in the Contract Booklet or
alternative bond forms acceptable to the Agency. Faxed or photocopied bond forms will not be accepted.
The amount of each bond shall be equal to the Contract Amount. The Performance Bond and the
Payment Bond must be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be
affixed to each bond. A power of attorney for the Attorney-in-Fact shall be attached to the bonds in the
Contract booklet, which must include bond numbers, and the Surety's original seal must be affixed to the
power of attorney. Bonds shall not be canceled without the Agency's consent, nor will the Agency
normally release them, prior to Contract completion. The amount of the Performance and Payment
Bonds shall be increased to equal the new Contract Amount whenever the Contract Amount is increased
for any reason.
(b) Certificates of Insurance -The successful Bidder shall furnish the Agency certificates of insurance
applicable to the Project, according to the Public Improvement Contract.
11or 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'
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00130
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 original signatures. Certificates of insurance shall also be originals. No copies of
these documents will be accepted by the Agency.
Proper execution requires that:
• If the Contractor is a partnership, limited liability partnership, joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond, and Payment Bond, and an authorization to sign shall be attached.
• If the Contractor is a corporation, the President and the Secretary of that corporation shall sign the
Contract, Performance Bond, and Payment Bond. However, if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those documents
a certified, true and correct copy of the corporate bylaws or minutes stating that authority. If only
one officer is signing, then the bylaws or minutes must include the authority to sign without the
signature of others. The successful Bidder shall also include the title(s) or corporate office(s) held by
the signer(s).
(b) By the Agency - Within 10 Working Days after the Agency has received and verified the properly,
executed documents specified in 00130.50(x), 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 canto that Project Site.
00130.85 Tigard Business License - Contractor shall obtain a Tigard Business License or Metro License
for builders and landscape contractors prior to delivering services under this Contract.
00130.90 Notice to Proceed- Notice to Proceed will be issued within 5 Calendar Days after the Contract
is executed by the Agency.
Should the Agency fail to issue the Notice to Proceed within 5 Calendar Days of Contract execution, the
Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
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Section 00140 - Scope of Work
00140.00 Purpose of Contract - The purpose of the Contract is to set forth the rights and obligations of
the parties and the terms and conditions governing completion of the Work. The Contractor's obligations
shall include without limitation the following:
• The Contractor shall furnish all Materials, Equipment, labor, transportation, and Incidentals required
to complete the Work according to Plans, Specifications, and terms of the Contract.
• The Contractor shall perform the Work according to the lines, grades, Typical Sections, dimensions,
and other details shown on the Plans, as modified by written order.
• The Contractor shall contact the Engineer for any necessary clarification or interpretation of the
Contract.
00140.10 Typical Sections - The Typical Sections are intended to apply in general. At other locations
where the Typical Section is not appropriate, the Contractor shall perform construction to the identified
alignment as directed by the Engineer.
00140.20 Thickness -The thickness of Courses of Materials shown on the Plans, given in the
Specifications, or established by the Engineer is considered to be the compacted thickness. Minor variations
are acceptable when within tolerances specified in the Specifications or Plans, or when approved by the
Engineer.
00140.30 Agency-Required Changes in the Work- Changes to the Plans, quantities, or details of
construction are inherent in the nature of construction and may be necessary or desirable during the course
of Project construction.
Without impairing the Contract, the Agency reserves the right to require changes it deems necessary or
desirable within the scope, which in the Specifications means general scope, of the Project. These changes
may modify,without limitation:
• Specifications and design
• Grade and alignment
• Cross Sections and thicknesses of Courses of Materials
• Method or manner of performance of Work
• Project Limits
or may result in
• Increases and decreases in quantities
• Additional Work
• Elimination of any Contract item of Work
• Acceleration or delay in performance of Work
Upon receipt of a Change Order, the Contractor shall perform the Work as modified by the Change Order.
If the Change Order increases the Contract Amount, the Contractor shall notify- its Surety of the increase
and direct the Surety to increase the amount of the performance and payment bonds to equal the new
Contract Amount. If requested, the Contractor shall provide the Agency with a copy of the modified bond
documents within 15 calendar days of receipt of the Change Order. The Contractor's performance of Work
according to Change Orders shall neither invalidate the Contract nor release the Surety. Payment for
changes in the Work will be made according to 00195.20. Contract Time adjustments, if any, will be made
according to 00180.80. A Change Order signed by the Contractor is the agreement that the adjustment in
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00140
the Contract Amount or Contract Time indicated is full compensation for all change order items including
the impact of the change order on the balance of the Work to be accomplished.
00140.40 Differing Site Conditions - The following constitute differing Project Site conditions provided
such conditions are discovered at the Project Site after commencement of the Work:
• Type 1 - Subsurface or latent physical conditions that could not have been discovered by careful
examination of the Project site, utility locations and available records as described in 00120.15 and
that differ materially from those indicated in the Contract Documents; or
• Type 2 - Unknown physical conditions of unusual nature that differ materially from those ordinarily
encountered and generally recognized as inherent in the Work provided for in the Contract.
The party discovering such a condition shall promptly notify the other party, in writing, of the specific
differing conditions before they are disturbed and before the affected Work is performed. The Contractor
shall not continue Work in the affected area until the Engineer has inspected such condition according to
00195.30 to determine whether an adjustment to Contract Amount or Contract Time is required.
Payment adjustments due to differing Project Site conditions, if any, will be made according to 00195.30.
Contract Time adjustments, if any,will be made according to 00180.80.
00140.50 Environmental Pollution Changes - ORS 279C.525 will apply to any increases in the scope of
the Work required as a result of environmental or natural resources laws enacted or amended after the
submission of Bids for the Contract. The Contractor shall comply with the applicable notice and other
requirements of ORS 279C.525. The applicable rights and remedies of that statute will also apply.
In addition to ORS 279C.525, the Agency has compiled a list at 00170.01 of those federal, State, and local
agencies, of which the Agency has knowledge, that have enacted ordinances, rules, or regulations dealing
with the prevention of environmental pollution and the preservation of natural resources that may affect the
performance of agency contracts.
00140.60 Extra Work- If directed by the Engineer's written order, the Contractor shall perform work not
included in the Contract. The Contractor shall perform this work according to:
• Standard Specifications
• Standard Drawings
• Other Plans and Specifications issued by the Engineer
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.
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00140
(a) Proposal Requirements -The Agency will not adopt a cost reduction proposal that impairs
essential functions or characteristics of the Project including but not limited to service life, economy of
operation,ease of maintenance, designed appearance, or design and safety standards.
To conserve time and funds, the Contractor may first submit a written request for a feasibility review by
the Engineer. The request should contain a description of the proposal together with a rough estimate of
anticipated dollar and time savings. The Engineer will, within a reasonable time, advise the Contractor in
writing whether or not the proposal would be considered by the Agency, should the Contractor elect to
submit a detailed cost reduction proposal.
A detailed cost reduction proposal shall include without limitation the following information:
• A description of existing Contract requirements for performing the Work and the proposed change;
• The Contract items of Work affected by the proposed change, including any quantity variation caused
by the proposed change;
• Pay Items affected by the proposed change including any quantity variations;
• A detailed cost estimate for performing the Work under the existing Contract and under the
proposed change. Cost estimates shall be made according to Section 00197. Costs of re-design,
which are incurred after the Agency has accepted the proposal, will be included in the cost of
proposed work; and
• A date by which the Engineer must accept the proposal in order to accept the proposed change
without impacting the Contract Time or cost reduction amount.
(b) Continuing to Perform Work-The Contractor shall continue to perform the Work according to
Contract requirements until the Engineer issues a Change Order incorporating the cost reduction
proposal. If the Engineer fails to issue a Change Order by the date specified in the proposal, the proposal
shall be deemed rejected.
(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 deternune in its sole discretion whether to accept a cost reduction proposal as well as
the estimated net savings in construction costs from the adoption of all or any part of the proposal. In
determining the estimated net savings, the Engineer may disregard the Schedule of Items. The Engineer
will establish prices that represent a fair measure of the value of Work to be performed or to be deleted as
a result of the cost reduction proposal.
(d) Sharing Investigation Costs -As a condition for considering a Contractor's cost reduction
proposal, the Agency reserves the right to require the Contractor to share in the Agency's costs of
investigating the proposal. If the Agency exercises this right, the Contractor shall provide written
acceptance of the condition to the Engineer. Such acceptance will authorize the Agency to deduct its
share of investigation costs from payments due or that may become due to the Contractor under the
Contract.
(e) Acceptance of Proposal Requirements - If the Contractor's cost reduction proposal is accepted in
whole or in part, acceptance will be made by a Change Order that will include without limitation the
following:
• Statement that the Change Order is made according to 00140.70;
• Revised Contract Documents that reflect all modifications necessary to implement the approved cost
reduction measures;
• Any conditions upon which the Agency's approval is subject;
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00140
• Estimated net savings in construction costs attributable to the approved cost reduction measures; and
• A payment provision according to which the Contractor will be paid 50% of the estimated net
savings amount as full and adequate consideration for performance of the Work of the Change
Order.
The Contractor's cost of preparing the cost reduction proposal and the Agency's costs of investigating the
proposal, including any portion paid by the Contractor, will be excluded from determination of the
estimated net savings in construction costs. Costs of re-design, which are incurred after the Agency has
accepted the proposal,will be included in the cost of the Work attributable to cost reduction measures.
If the Agency accepts the cost reduction proposal, the Change Order that authorizes the cost reduction
measures will also address any Contract Time adjustment.
(f) Right to General Use - Once submitted, the cost reduction proposal becomes the property of the
Agency. The Agency reserves the right to adopt the cost reduction proposal for general use without
additional compensation to the Contractor when it determines that a proposal is suitable for application
to other contracts.
00140.80 Use of Publicly Owned Equipment -The Contractor is prohibited from using publicly-owned
Equipment except in the case of emergency. In an emergency, the Contractor may rent publicly-owned
Equipment provided that:
• The Engineer provides written approval that states that such rental is in the public interest; and
• Rental does not increase the Project cost.
00140.90 Final Trimming and Cleanup - Before Final Inspection as described in 00150.90, the
Contractor shall neatly trim and finish the Project and remove all remaining unincorporated Materials and
debris. Final trimming and cleanup shall include without limitation the following:
• The Contractor shall retrim and reshape earthwork, and shall repair deteriorated portions of the
Project Site.
• Where the Work has impacted existing facilities or devices, the Contractor shall restore or replace
those facilities to their pre-existing condition.
• The Contractor shall clean all drainage facilities and sanitary sewers of excess Materials or debris
resulting from the Work.
• The Contractor shall clean up and leave in a neat, orderly condition, Rights-of-Way, Materials sites,
and other property occupied in connection with performance of the Work.
• The Contractor shall remove temporary buildings, construction plants, forms, falsework and
scaffolding, surplus and discarded Materials, and rubbish.
• The Contractor shall dispose of Materials and debris including without limitation forms, falsework,
scaffolding, and rubbish resulting from clearing, grubbing, trimming, clean-up, removal, and other
Work. These Materials and debris become the property of the Contractor. The Contractor shall
dispose of these Materials and debris immediately.
• The Contractor shall restore and replant or resurface adjoining properties to match existing grades and
existing surfaces.
• The Contractor shall install erosion and sediment control needed to stabilize the Project site.
Unless the Contract specifically provides for payment for this item, the Agency will make no separate or
additional payment for final trimming and cleanup.
00140.95 "AS-BUILT" Records - The Contractor shall maintain a current and accurate record of Work
completed during the course of this Contract and make available to the Engineer updated copies of the
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00140
project "As-Builts" for Engineer's review at any time. These "As-Builts" drawings shall be kept by
accurately marking a designated set of the Contract plans with the specified information as Work proceeds.
Accurate, complete and current "As-Built" drawings are a specified requirement for monthly progress
payments of the Work completed. "As-Builts" shall be reviewed for completeness before recommendation
of payment is granted. Incomplete or insufficient "As-Builts" will be returned to the Contractor and
recommendation for progress payment denied. At project completion and as a condition of final payment,
the Contractor shall deliver an acceptable complete and legible set of"As-Built" drawings to the Engineer.
The "As-Built" drawings shall show the information listed below. Where the term "locate" or "location" is
used, it shall mean record of position with respect to both the construction vertical datum and either
construction horizontal datum or a nearby permanent improvement.
• As-built location of underground and surface services and utilities as installed
• As-built location of existing underground and surface utilities and services that are to remain and that
are encountered during the course of the Work
• As-built changes in dimension, location, grade or detail to that shown on plans
• As-built changes made by change order
• As-built details not in original plans
• As-built fully completed shop drawings reflecting all revisions
Upon completion of the construction, the Contractor shall review and certify the construction set of"As-
Built" drawings for completeness and accuracy of representation of any changes. Final payment will not be
processed until"As-Built" drawings have been submitted and approved.
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00150
Section 00150 - Control of Work
00150.00 Authority of the Engineer-The Engineer has full authority over the Work and its suspension.
(see Section 00180) The Contractor shall perform all Work to the complete satisfaction of the Engineer.
The Engineer's determination shall be final on all matters,including but not limited to the following:
• Quality and acceptability of Materials and workmanship
• Measurement of unit price Work
• Timely and proper prosecution of the Work
• Interpretation of Contract Documents
• Payments due under the Contract
The Engineer's decision is final and, except as provided in 00180.80 for adjustments of Contract Time and
Section 00199 for claims for additional compensation, may be challenged only through litigation.
Work performed under the Contract will not be considered complete until it has passed Final Inspection by
the Engineer and has been accepted by the Agency.
Interim approvals issued by the Engineer, including but not limited to Final Acceptance, will not discharge
the Contractor from responsibility for errors in prosecution of the Work, for improper fabrication, for
failure to comply with Contract requirements, or for other deficiencies, the nature of which are within the
Contractor's control.
00150.01 Project Manager's Authority and Duties -The Engineer may designate a Project Manager as its
representative on the Project with authority to enforce the provisions of the Contract.
When the Engineer has designated a Project Manager, the Contractor should direct all requests for
clarification or interpretation of the Contract, in writing, to the Project Manager. The Project Manager will
respond within a reasonable time. Contract clarification or interpretation obtained from persons other than
the Project Manager will not be binding on the Agency.
The Project Manager shall have the authority to appoint Inspectors and other personnel as required to assist
in the administration of the Contract.
00150.02 Inspector's Authority and Duties - To the extent delegated under 00150.01, Inspectors are
authorized to represent the Engineer and Project Manager to perform the following:
• Inspect Work performed and Materials furnished, including without limitation, the preparation,
fabrication, or manufacture of Materials to be used;
• Orally reject defective Materials and to confirm such rejection in writing;
• By oral order, temporarily suspend the Work for improper prosecution pending the Engineer's
decision; and
• Exercise additional delegated authority.
Inspectors are not authorized to:
• Accept Work or Materials.
• Alter or waive provisions of the Contract.
• Give instructions or advice inconsistent with the Contract Documents.
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00150
40150.10 Coordination of Contract Documents -The Contract Documents, including but not limited to
Contract Change Orders, the Special Provisions, the Plans, and the. Standard Specifications are intended to
collectively describe all of the items of Work necessary to complete the Project. The Contract Documents
are complementary;what is required by one is as binding as if required by all.
(a) Order of Precedence - The Engineer will resolve any discrepancies between these documents in the
following order of precedence:
1. Permits from outside agencies;
2. Contract (Agreement)
3. Addenda;
4. 'Bid Schedule;
5. Special Provisions;
6. General Conditions;
7. Standard Specifications;
8. Geotechnical Data Reports;
9. Supplementary Drawings;
10.Standard Drawuigs;
11.Reviewed and accepted, stamped Working Drawings;
12.Approved Unstamped Working Drawings.
Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretation and
clarifications, in precedence listed, will take precedence over all other Contract Document components
referenced herein.
Notes on a drawing shall take precedence over drawing details. Dimensions shown on the drawings, or that
can be computed, shall take precedence over scaled dimensions. The Drawings with the higher level of
detail take precedence over less detailed Drawings.
(b) Immaterial Discrepancies -The Contract Documents specify details for the construction and
completion of the Work. If Contract Documents describe portions of the Work in sufficient detail but
are silent in some minor respect, the Contractor may proceed utilizing the current best industt� practices.
(c) Material Discrepancies - If the Contractor identifies a discrepancy, error, or omission in the
Contract Documents that cannot be resolved by the approach specified in (b) above, the Contractor shall
immediately request clarification from the Engineer.
00150.15 Construction Stakes,Lines, and Grades:
(a) Agency Responsibilities -The Engineer will provide the location of the existing benchmarks and
horizontal control locations used to design the project and prepare the Plans.
(b) Contractor Responsibilities -The Contractor shall:
• Accurately measure detailed dimensions, elevations, and slopes from the Engineer's benchmarks and
horizontal control locations;
• Provide all labor, materials and equipment to properly stake out the project so that it can be
constructed in accordance with the Contract Documents. Any changes made shall be recorded and
the changed vertical and horizontal locations incorporated into the "as-built" drawings.
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00150
Inform the Engineer of any property corners monuments and/or survey markers that are not shown
on the Plans and are found during construction activities prior to disturbing the monuments. Allow
the Agency 2 Work days for referencing all found markers before they are removed. Monuments that
are noted on the Plans to be protected and are disturbed by the Contractor's activities shall be
replaced by the Contractor's surveyor at the Contractor's expense in accordance with ORS Chapter
209.
00150.20 Inspection:
(a) Inspection by the Engineer-The Engineer may test Materials furnished and inspect Work
performed by the Contractor to ensure Contract compliance. The Contractor shall notify the Engineer 48
hours (two full Work Days) in advance for inspection of each portion of the Work.
Contractor shall not begin placing successive Courses or portions of Work until preceding Courses or
portions of the Work have been inspected and approved by the Engineer.
If the Contractor performs Work without the Engineer's inspection or uses Materials that the Engineer
has not approved, the Engineer may order affected portions of the Work removed at the Contractor's
expense.
At the Engineers direction, any time before the Work is accepted, the Contractor shall uncover portions
of the completed Work for inspection. ..After inspection, the Contractor shall restore these portions of
Work to the standard required by the Contract. If the Engineer rejects Work due to Materials or
workmanship, or if the Contractor performed such Work without providing sufficient advance request
for inspection to the Engineer, the Contractor shall bear all costs of uncovering and restoring the Work.
If the Engineer accepts the uncovered Work, and the Contractor performed the Work only after
providing the Engineer with sufficient advance notice, the costs of uncovering and restoring the Work
will be paid for by the Agency according to 00195.20.
(b) Inspection Facilities -The Contractor shall furnish walkways, railings, ladders, shoring, tunnels,
platforms, and other facilities necessary to permit the Engineer to have safe access to the Work to be
inspected. The Contractor shall require producers and fabricators to provide safe inspection access as
requested by the Engineer.
(c) Sampling-When directed by the Agency, the Contractor shall furnish the Engineer with samples of
Materials that the Engineer will test. All of the Contractor's costs related to this required sampling are
Incidental.
(d) Inspection by Third Parties - Where third parties have the right to inspect the Work, the
Contractor shall coordinate with the Engineer and shall provide safe inspection access.
(e) Contractor's Duty to Make Corrections -The Contractor shall perform all Work according to the
Contract Documents. The Contractor shall correct Work that does not comply with the Contract
Documents at its own expense. Inspection of the Work by the Engineer does not relieve the Contractor
of responsibility for improper prosecution of the Work.
00150.25 Acceptability of Materials and Work- The Contractor shall furnish Materials and shall perform
Work in Close Conformance to the Contract Documents. If the Engineer determines that the Materials
furnished or the Work performed are not in Close Conformance with the Contract Documents, the
Engineer may:
* Reject the Materials or Work and order the Contractor, at the Contractor's expense, to remove,
replace, or otherwise correct any non-conformity; or
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00150
• Accept the Materials or Work as suitable for the intended purpose, adjust the amount paid for
applicable Pay Items to account for diminished cost to the Contractor or diminished value to the
Agency, document the adjustment, and provide written documentation to the Contractor regarding the
basis of the adjustment.
The Engineer's decisions concerning acceptability of Materials or Work will be final.
00150.30 Delivery of Notices -Written notices to the Contractor by the Engineer or the Agency will be
delivered:
• In person;
• by electronically confirmed facsimile transmission;
• By U.S. Postal Service first class mail or priority mail (which at the sender's option may include
certified or registered mail return receipt requested), to the current office address as shown in the
records of the Agency; or
• By overnight delivery service of a private industry courier, to the current office address as shown in the
records of the Agency.
Notices shall be considered as having been received by the Contractor:
• At the time of actual receipt when delivered in person or by facsimile transmission;
• At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery
by first class or priority mail,whichever is earlier; or
• At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address
shown in the Public Improvement Contract, unless a different address is agreed to by the Engineer, and
shall be delivered:
• In person;
• by electronically confirmed facsimile transmission;
• By U.S. Postal Service first class mail or priority mail (which at the sender's option may include
certified or registered mail return receipt requested); or
• By overnight delivery service of a private industry courier.
Notices will be considered as having been received by the Agency:
• At the time of actual receipt when delivered in person or by facsimile transmission;
• At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery
by first class or priority mail,whichever is earlier;or
• At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
00150.35 Submittals:
(a) Description- Submittals covered by these requirements include manufacturers' information, shop
drawings, test procedures, test results, samples, and miscellaneous Work-related submittals.
Submittals shall also include, but not be limited to, all mechanical, electrical and electronic
equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit
details. The Contractor shall furnish all drawings, specifications, descriptive data, certificates,
samples, tests, methods, schedules, and manufacturer's installation and warranty information and
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00150
other instructions as specifically required in the Contract Documents to demonstrate fully that the
materials and equipment to be furnished and the methods of work comply with the provisions and
intent of the Contract Documents.
(b) Contractor's Responsibilities
(1) The Contractor shall be responsible for the accuracy and completeness of the information
contained in each submittal and shall assure that the material, equipment or method of work
shall be as described in the submittal. The Contractor shall verify that all features of all products
conform to the specified requirements. Submittal documents shall be clearly edited to indicate
only those items, models, or series of equipment, which are being submitted for review. All
extraneous materials shall be crossed out or otherwise obliterated. The Contractor shall ensure
that there is no conflict with other submittals and notify the Engineer in each case where his
submittal may affect the work of another contractor or the Agency. The Contractor shall
coordinate submittals among its subcontractors and suppliers including those submittals
complying with unit responsibility requirements specified in applicable technical sections.
(2) The Contractor shall coordinate submittals with the Work so that Work will not be delayed. It
shall coordinate and schedule different categories of submittals, so that one will not be delayed
for lack of coordination with another. No extension of time will be allowed because of failure to
properly schedule submittals. The Contractor shall not proceed with Work related to a submittal
until the submittal process is complete. This requires that submittals for review and comment
shall be returned to the Contractor with the indication "No Exceptions Taken" or "Make
Corrections Noted."
(3) The Contractor shall certify on each submittal document that it has reviewed the submittal,
verified field conditions, and complied with the contract documents.
(4) The Contractor may authorize in writing a material or equipment supplier to deal directly with
the Engineer or with the Agency with regard to a submittal. These dealings shall be limited to
contract interpretations to clarify and expedite the Work.
(c) Shop Drawings and Product Submittals
(1) Wherever called for in the Contract Documents or where required by the Engineer, the
Contractor shall furnish to the Engineer for review, five (5) copies plus one reproducible copy
or electronic file, of each Shop Drawing or Product submittal. Shop Drawings may include
detail design calculations, shop-prepared drawings, fabrication and installation drawings, erection
drawings, lists, graphs, catalog sheets, data sheets, and similar items. If a list, graph, catalog
sheet, data sheet, etc. includes more than one item, clearly mark which item is the subject of the
submittal. Shop Drawings shall bear the signature and seal of an engineer registered in the
appropriate branch and in the state of Oregon, unless otherwise indicated. Whenever the
Contractor is required to submit design calculations as part of a submittal, such calculations shall
bear the signature and seal of an engineer registered in the appropriate branch and in the state of
Oregon, unless otherwise indicated.
(2) Shop Drawing and Product submittals shall be accompanied by the Engineer's standard
submittal transmittal form, a reproducible copy of which is available from the Engineer. A
submittal without the form or where applicable items on the form are not completed will be
returned for resubmittal.
(3) Organization
• A single submittal transmittal form shall be used for each technical specification section or
item or class of material or equipment for which a submittal is required. A single submittal
covering multiple sections will not be acceptable, unless the primary specification references
other sections for components. Example: if a pump section references other sections for
the motor, shop-applied protective coating, anchor bolts, local control panel, and variable
frequency drive, a single submittal would be acceptable. A single submittal covering vertical
turbine pumps and horizontal split case pumps would not be acceptable.
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00150
• On the transmittal form, index the components of the submittal and insert tabs in the
submittal to match the components. Relate the submittal components to specification
paragraph and subparagraph, Drawing number, detail number, schedule title, room number,
or building name, as applicable.
• Unless indicated otherwise, terminology and equipment names and numbers used in
submittals shall match those used in the Contract Documents.
(4) Format
• Minimum sheet size shall be 8.5 inches by I I inches. Maximum sheet size shall be 22 inches
by 34 inches. Every page in a submittal shall be numbered in sequence. Each copy of a
submittal shall be collated and stapled or bound, as appropriate. The Engineer will not
collate sheets or copies.
• Where product data from a manufacturer is submitted, clearly mark which model is
proposed, with complete pertinent data capacities, dimensions, clearances, diagrams,
controls, connections, anchorage, and supports. Sufficient level of detail shall be presented
for assessment of compliance with the Contract Documents.
• Each submittal shall be assigned a unique number. Submittals shall be numbered
sequentially, and the submittal numbers shall be clearly noted on the transmittal. Original
submittals shall be assigned a numeric submittal number (e.g., 25). If submittal"25" requires
a resubmittal, the first resubmittal will bear the designation "25.A" and the second
resubmittal will bear the designation "25.B" and so on.
• If there is a follow-up submittal related to a previously submitted class of material or type of
equipment (e.g., follow-up submittal to submittal "25"), it shall be assigned the number
"25.1". If submittal "25.1" requires a resubmittal, the first resubmittal will bear the
designation "25.1.A" and the second resubmittal will bear the designation "25.1.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. 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 TAhEN," formal
revision and resubmission will not be required.
(8) If a submittal is returned marked "MAhE CORRECTIONS NOTED," Contractor shall make
the corrections on the submittal, but formal revision and resubmission will not be required,
except where specifically required by FIngincer 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. Resubnnittal 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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001.=50
(10) If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean either that the
proposed material or product does not satisfy the specification, the submittal is so incomplete
that it cannot be reviewed, or is a substitution request not submitted in accordance with the
General Conditions, In the first 2 cases, the Contractor shall prepare a new submittal and shall
submit the required number of copies to the Engineer for review. In the latter case, the
Contractor shall submit the substitution request according to the General Conditions.
(11) Resubmittal of rejected portions of a previous submittal will not be allowed. Every change
from a submittal to a resubmittal or from a resubmittal to a subsequent resubmittal shall be
identified and flagged on the resubmittal.
(12) Fabrication of an item may commence only after the Engineer has reviewed the pertinent
submittals and returned copies to the Contractor marked either "NO EXCEPTIONS
TAKEN" or "MAKE CORRECTIONS NOTED". Corrections indicated on submittals shall
be considered as changes necessary to meet the requirements of the Contract Documents and
shall not be taken as changes to the Contract requirements.
(13) Submittals shall be carefully reviewed by an authorized representative of the Contractor prior to
submission to the Engineer. Each submittal shall be dated and signed by the Contractor as
being correct and in strict conformance with the Contract Documents. In the case of Shop
Drawings, each sheet shall be so dated and signed. Any deviations from the Contract
Documents shall be noted by the Contractor on the transmittal form and such deviation shall
be subject to approval in writing by the Engineer and Agency. The Engineer will only review
submittals that have been so verified by the Contractor. Non-verified submittals will be
returned to the Contractor without action taken by the Engineer, and any delays caused thereby
shall be the total responsibility of the Contractor.
(14) Corrections or comments made on the Contractor's Shop Drawings during review do not
relieve the Contractor from compliance with Contract Drawings and Specifications. Review is
for conformance to the design concept and general compliance with the Contract Documents
only. The Contractor is responsible for confirming and correlating quantities and dimensions,
fabrication processes and techniques, coordinating Work with the trades, and satisfactory and
safe performance of the Work.
(d) Quality Control (QC) Submittals
(1) Quality control submittals are defined as those required by the Specifications to present
documentary evidence to the Engineer that the Contractor has satisfied certain requirements of
the Contract Documents.
(2) Unless otherwise indicated, QC submittals shall be submitted:
+ Before delivery and unloading, for the following types of submittals:
o Manufacturers' installation instructions
o Manufacturers' and Installers' experience qualifications
o Ready mix concrete delivery tickets
o Design calculations
o Affidavits and manufacturers' certification of compliance with indicated product
requirements
o Laboratory analysis results
a Factory test reports
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• For the following types of submittals, the manufacturer's field representative shall submit a
draft certification prior to leaving the Project site and a final certification within 7 days of the
event documented:
o Manufacturers' field representative certification of proper installation
• Within 30 Days of the event documented for the following types of submittals:
o Field measurement
o Field test reports
o Receipt of permit
o Receipt of regulatory approval
(3) The Engineer will record the date that a QC submittal was received and review it for compliance
with submittal requirements, but the review procedures above for Shop Drawings and samples
will not apply.
(e)Deferred Submittals to Agency
(1) For the purposes of this section, Deferred Submittals are defined as those portions of the
Project that are Contractor-designed and must be submitted to the Agency's building official for
approval and to meet Building Permit plan review requirements.
(2) The Engineer will schedule a pre-submittal conference with the Contractor and Agency's
building official to discuss proposed Deferred Submittal items, requirements, and review
schedule.
(3) The Contractor shall list the Deferred Submittals on the title or cover sheet of the Drawings for
submission to the Agency and shall state the design criteria/assumptions of the Deferred
Submittal items on the plans. Deferred Submittals shall include details for connection of
materials to the structure and calculations showing that the specified structural requirements are
met.
(4) The Contractor shall submit Deferred Submittals to the Engineer for review for general
conformance to the design of the structure. Neither the Agency nor the Engineer is responsible
for coordination of Deferred Submittal components with Contract Documents. Review does
not lessen nor shift burden or responsibility from Contractor or assigned subcontractor/supplier
to the Agency or Engineer. The Engineer, upon confirming the Deferred Submittals are in
general conformance with the design, shall forward the Deferred Submittals to the building
official. Contractor is responsible, with no exceptions, to ensure that building official's Deferred
Submittal review will not adversely affect Project's construction schedule. The Deferred
Submittal items shall not be installed by the Contractor until the design and Deferred Submittals
have been approved by the building official.
(f) Effect of Review of Contractor's Submittals
(1) Review of Contract drawings, methods of work, or information regarding materials or
equipment the Contractor proposes to provide, shall not relieve the Contractor of its
responsibility for errors therein and shall not be regarded as an assumption of risks or liability by
the Engineer or the Agency, or by any officer or employee thereof, and the Contractor shall
have no claim under the contract on account of the failure, or partial failure, of the method of
work, material, or equipment so reviewed. An indication of "NO EXCEPTIONS TAILEN" 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.
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00150.37 Equipment Lists and Other Submittals -The Contractor shall submit Equipment lists, and
other required submittals for approval by the Engineer. With each submittal, the Contractor shall clearly
identify the applicable specification sub-section and the product make, model, size and proposed options.
00150.40 Cooperation and Superintendence by the Contractor-The Contractor is responsible for full
management of all aspects of the Work,including superintendence of all Work by Subcontractors, Suppliers,
and other providers. The Contractor shall appoint a single Superintendent and may also appoint alternate
Superintendents as necessary to control the Work. The form of appointment of the alternate shall state, in
writing, the alternate's name, duration of appointment in the absence of the Superintendent, and scope of
authority. The Contractor shall:
• Provide for the cooperation and superintendence on the Project by:
• Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work,
added Work, or changed Work.
• Allowing the Engineer reasonable access to the Contractor's books and records at all times. To the
extent permitted by public records laws, the Engineer will make reasonable efforts to honor the
Contractor's request for protection of confidential information.
• Keeping one complete set of Contract Documents on the Project Site at all times, available for use by
all the Contractor's own organization, and by the Engineer if necessary.
• Appoint a single Superintendent and any alternate Superintendent who shall meet the following
qualifications:
• Appointees shall be competent to manage all aspects of the Work.
• Appointees shall be from the Contractor's own organization.
• Appointees shall have performed similar duties on at least one previous project of the size, scope and
complexity as the current Contract.
• Appointees shall be experienced in the types of Work being performed.
• Appointees shall be capable of reading and thoroughly understanding the Contract Documents.
• The appointed single Superintendent, or any alternate Superintendent shall:
• Be present for all On-Site Work, regardless of the amount to be performed by the Contractor,
Subcontractors, Suppliers, or other providers, unless the Engineer provides prior approval of the
Superintendent's or alternate Superintendent's absence.
• Be equipped with a two way radio or cell phone capable of communicating throughout the project
during all the hours of Work on the Project Site and be available for communication with the
Engineer.
• Have full authority and responsibility to promptly execute orders or directions of the Engineer.
• Have full authority and responsibility to promptly supply the Materials, Equipment, labor, and
Incidentals required for performance of the Work.
• Coordinate and control all Work performed under the Contract, including without Imitation the
Work performed by Subcontractors, Suppliers, and Owner Operators.
• Diligently pursue progress of the Work according to the schedule requirements of Section 00180.
• Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the
Work.
• Provide all assistance reasonably required by the Engineer to obtain information regarding the nature,
quantity, and quality of any part of the Work.
• Provide access, facilities and assistance to the Engineer in establishing such lines,grades and points as
the Engineer requires.
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0()I,-)()
• 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 deternunations, 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.
40154.50 Cooperation with Utilities
(a) General-As specified in the Special Provisions or as shown on the Plans, existing Utilities requiring
adjustment may be adjusted by the Utility before, during, or after Project construction. "Adjustment of
Utilities" shall mean the alteration, improvement, connection, disconnection, relocation, or removal of
existing Utility lines, facilities, or systems in temporary or permanent manner.
(b) Contractor's Responsibilities -The Contractor shall:
• Follow applicable rules adopted by the Oregon Utility Notification Center;
• Contact Utility owners after the Contract is awarded to verify all Utilities' involvement on the
Project Site;
• Coordinate Project construction with the Utilities' planned adjustments, take all precautions
necessary to prevent disruption of Utility service, and perform its Work in the manner that results in
the least inconvenience to the Utility owners;
• Include all Utility adjustment work, whether to be performed by the Contractor or the Utilities, on
the Contractor's Project Work schedule submitted under 00180.41;
• Protect from damage or disturbance any Utility that remains within the area in which Work is being
performed;
• Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect it from
damage or disturbance and promptly notify the Engineer; and
• Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility
adjustment.
Subject to the Engineer's approval, the Contractor may propose adjustments to the Utilities by asking the
Utility, owners to move, remove, or alter their facilities in ways other than as shown on the Plans or u1 the
Special Provisions. The Contractor shall conduct all negotiations, make all arrangements, and assume all
costs that arise from such changes.
(e) Notification-This Project is located within the Oregon Utility Notification Center area which is a
Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity
of their facilities. The Utilities notification system telephone number is 811 (or use the old number which
is 1-800-332-2344.
The Contractor shall comply with the rules of the Oregon Utility Notification Center, OAR 952-001-0010
through OAR 952-001-0090, and ORS 757.993. The Contractor may contact the Oregon Utility
Notification Center at 503-232-1987 about these rules.
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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 herein, all potholing and exploratory
work shall be incidental to the Work and no separate payment shall be made therefore.
The Contractor shall coordinate project construction with the adjustment of utilities, take all necessary
precautions to prevent disturbing the utilities, and perform work so that utility owners and users are
caused a minimum of inconvenience.
The Contractor shall protect underground utilities and other improvements which may be impaired
during construction operations, regardless of whether or the not the utilities are indicated on the
Plans. The Contractor shall take all possible precautions for the protection of unforeseen utility lines
to provide for uninterrupted service and to provide such special protection as may be necessary.
To ease or streamline the work, the Contractor may desire to adjust the utilities by asking the utility,
owners to move, remove, or alter their equipment in ways other than those shown on the Plans or in
the Contract Documents. The Contractor shall conduct the negotiations, make the arrangements, and
pay all costs that arise from such changes.
(b) Utilities to be Removed or Relocated- Where the proper completion of the Work requires the
temporary or permanent removal and/or relocation of the property of any public utility or franchise
holder, such utility company or franchise holder shall be notified by the Contractor to remove or
relocate such property within a specified reasonable time. When utility lines that are to be removed or
relocated are encountered within the area of operations, the Contractor shall notify- the utility
company and the Engineer a sufficient time in advance for the necessary measures to be taken to
prevent the interruption of service.
(c) Underground Utilities and Improvements Indicated- Existing utility lines and underground
improvements that are indicated or the locations of which are made known to the Contractor prior to
excavation and that are to be retained, and all utility lines and underground improvements that are
encountered during excavation operations shall be protected from damage during excavation and
backfilling and, if damaged, shall be immediately repaired or replaced by the Contractor, unless
otherwise repaired by the owner of damaged utility. If the owner of the damage facility performs its
own repairs, the Contractor shall reimburse said owner for the costs of repair.
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(d) Underground Utilities and Improvements Not Indicated- In the event that the Contractor
damages existing utility lines or underground improvements that are not indicated in the Plans or
marked in the field, or are not indicated or marked with reasonable accuracy,or the locations of which
are not made known to the Contractor prior to excavation, the Contractor shall immediately provide a
verbal report of such damage to the Engineer, and provide a written report thereof promptly
thereafter. The Contractor shall immediately notify the owner of the damaged utility. If directed by
the Engineer, repairs shall be made by the Contractor under the provisions for changes and extra
work contained in the General Conditions.
This subsection applies only to main line utilities. For service lines, see Subsection 001.50.53(e).
For purposes of this section, "reasonable accuracy" is defined as within two (2) feet from the outside
lateral dimensions of both sides of an underground utility or facility from actual location. No
representation shall be made concerning the accuracy of vertical elevations of existing utilities, even if
indicated in the plans, and no additional payment will be made for damage to utilities encountered at
depths differing from those indicated.
(e) Underground Services Indicated or Not- If service lines are encountered, whether shown, marked
or not, the Contractor shall take precautions to carefully work around them and repair them if they
are damaged by the Contractor, at no additional cost to the Agency.
(f) Approval of Repairs -All repairs to a damaged utility or improvement shall be accepted and
approved by an authorized representative of the utility or improvement owner and accepted by the
Agency before being concealed by backfill or other Work.
(g) Agency's Right of Access -The right reserved to the Agency and to the owners of public utilities
and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the
purpose of making changes in their property made necessary by the Work of this Contract.
00150.55 Cooperation with Other Contractors -The Agency reserves the right to perform other work on
or near the Project Site, including without limitation any Materials site, with forces other than those of the
Contractor.
If such work takes place on or near the Project Site, the Contractor shall have the following obligations:
• The Contractor shall coordinate Work with other contractors or forces.
• The Contractor shall cooperate in good faith with all other contractors or forces.
• The Contractor shall perform the Work specified in the Contract in a way that will mnintruze
interference and delay= for all forces involved.
• The Contractor shall place and dispose of the Materials being used so as not to interfere with the
operations of other forces.
• The Contractor shall join the Work with that of other forces u-1 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 anv disagreements under this Subsection that may arise among the Contractor and
other work forces, or between the Contractor and the Agencv. 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
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00150
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, dela-, or loss due solely to the presence of other contractors
working on or near the Project Site.
If the Contract gives notice of work to be performed by other forces that may affect the Contractor's Work
under the Contract, the Contractor shall include any costs associated with coordination of the Work in the
appropriate Pay Item or as a portion of a Pay Item.
In an emergency, the contractor most immediately able to respond may repair a facility or Utility of another
contractor in order to prevent further damage to the facility, Utility, or other Structure as a result of the
emergency.
00150.60 Construction Equipment Restrictions:
(a) Load and Speed Restrictions for Construction Vehicles and Equipment-The Contractor shall
comply with legal weight and speed restrictions when moving Materials or Equipment beyond the limits
of the Project Site.
The Contractor shall control vehicle and Equipment loads and speeds within the Project Site according to
the following restrictions, unless the Special Provisions provide otherwise:
• The Contractor shall restrict loads and speeds as necessary to avoid displacement or loss of Materials
on Subgrades and Aggregate Bases.
• The Contractor shall restrict weights to legal loads, and shall travel at speeds of no more than 45
mph or the posted construction speed, whichever is less, on treated Bases, Pavement, or wearing
Courses.
• The Contractor shall not cross Bridges or other Structures with Equipment or vehicles exceeding the
legal load limit without prior written permission of the Engineer. The Contractor shall make any
such request in writing, describing the loading details and the arrangement, movement, and position
of the Equipment on the Structure. The Contractor shall comply with any restrictions or conditions
included in the Engineer's written pernussion.
(b) Protection of Buried Items - The Contractor shall use temporary fill or other methods to avoid
overload of pipes, box culverts, and other items that are covered, or to be covered,by fill or backfill.
(c) Responsibility for Damages - The Contractor shall assume responsibility for damages caused by
excessive Equipment speed or loads while performing the Work, both inside and outside the Project Site.
The Engineer's permission to cross Bridges and other Structures, according to 00150.60(x) 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 001.70)
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.
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00150
00150.75 Protection and Maintenance of Work During Construction -The Contractor shall protect
and maintain the Work during construction and until Third Notification has been issued, unless otherwise
provided in the Contract. For the purposes of this Subsection, "maintenance" shall include measures to
prevent deterioration of Roadway and Structures at the Project Site, and to keep them in good condition at
all times during the prosecution of the Work. The Contractor shall continuously allocate sufficient
Equipment and workers to achieve such maintenance.
If the Contract requires the placement of a Course upon a previously constructed Course or Subgrade, the
Contractor shall maintain the previous Course or Subgrade during all construction operations.
The Contractor shall include costs of protecting and maintaining the Work during construction in the unit
prices bid for the various Pay Items. The Contractor will not be paid an additional amount for this Work,
unless otherwise specified.
The Engineer will timely notify the Contractor of Contractor's noncompliance with this Subsection. If the
Contractor fails to remedy unsatisfactory protection or maintenance within 24 hours after receipt of such
notice, the Engineer may proceed to remedy the deficiency, and deduct the entire cost from monies due or
to become due the Contractor under the Contract.
00150.80 Removal of Unacceptable and Unauthorized Work-The Contractor shall correct or remove
unacceptable Work and remove unauthorized work, as directed by the Engineer in writing. The Contractor
shall replace such work with Work and Materials conforming to the requirements of the Contract.
For the purposes of this Subsection, "unauthorized work" shall include without limitation the following:
• Work that extends beyond lines shown on the Plans or otherwise established by the Engineer;
• Work that is contrary to the Engineer's instructions; and
• Work that is conducted without the I"rigineer's written authorization.
The Agency will not pay the Contractor for unacceptable Work, except as provided in 00150.25, or
unauthorized work. The Engineer may issue a written order for the correction or removal of such work at
the Contractor's expense.
If, when ordered by the Engineer, the Contractor fails to correct or remove unacceptable Work or
unauthorized work, the Engineer may have the correction, removal, or removal and replacement, done by
others and deduct the entire cost from monies due or to become due the Contractor under the Contract.
00150.90 Final Inspection:
(a) On-site Construction Work-The Engineer will inspect the Project at a time close to the
completion of On-Site Work for Contractor's compliance with the Contract Documents.
When all On-Site Work on the Project is completed, including but not limited to Change Order Work and
Extra Work, the Engineer will issue Second Notification as specified in 00180.50(g).
Within 15 Calendar Days after the Engineer receives the Contractor's written notification that all punch
list items, final trimming and cleanup according to 00140.90 have been completed, the Engineer will
inspect the Project and notify the Contractor that all Work is complete, or within 15 Calendar Days of
inspection will give the Contractor written instruction regarding incomplete or unsatisfactory Work.
(b) All Contract Work-The Engineer will issue the "Third Notification when the Contractor has
satisfactorily accomplished all of the following:
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• The Contractor has completed all On-Site Work required under the Contract, including the punch
list items from (a) above;
• The Contractor has removed all Equipment; and
• The Contractor has submitted all required certifications, bills, forms, warranties and other
documents.
• The Contractor has submitted complete and acceptable "As-Built" drawings as specified in
00140.95.
00150.91 Post-Construction Review-The Contractor or the Engineer may request a Post-Construction
Review meeting, to be held at a time prior to issuance of Third Notification but not earlier than 15 Days
following the date of Second Notification. The meeting may be held if agreed to by both parties. The party
making the request will conduct the meeting, and will announce the tithe and place of the meeting at least
15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible
process improvements that may benefit future projects.
00150.95 Final Acceptance -After the Engineer completes Final Inspection of all Work including all
corrective work identified by the Agency during the Correction Period, the Agency will acknowledge Final
Acceptance. The Agency will notify the Contractor in writing of the date of Final Acceptance within
7 Calendar Days after Final Acceptance, or as soon thereafter as is practicable.
00150.96 Maintenance Warranties and Guarantees -Prior to Second Notification, the Contractor shall
transfer to the Agency all unexpired manufacturers', suppliers' and installers' warranties and guarantees for
Materials and Equipment installed on the Project. Such warranties and guarantees shall recite that they are
enforceable by the Agency.
00150.97 Responsibility for Materials and Workmanship:
(a) The Contractor shall perform the Work according to the terms, conditions, and requirements of the
Contract.
(b) Until the Agency's Final Acceptance of the Work, the Contractor shall be responsible for:
• Correcting or repairing any defects in, or damage to, the Work which results from the use of
improper or defective materials or workmanship; or
• Replacing, in its entirety, the Work affected by the use of improper or defective materials or
workmanship to theextent provided by law; and
• Correcting or repairing any Work, Materials, Structures, Existing Surfacings, Pavement, Utilities, or
sites, including without limitation Wetlands, damaged or disturbed in that correction, repair, or
replacement. (see 00170.80 to 00170.85).
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00160
Section 00160- Source of Materials
00160.00 Definitions -The following definitions apply to Section 00160:
(a) Prospective Source - Agency-furnished Materials source, use of which by the Contractor is optional.
The Agency makes no guarantee or representation, by implication or otherwise, of the land use status,
quantity, quality=, or acceptability of Materials available from it, except as may be stated in the Special
Provisions.
(b) Mandatory Source -Agency-furnished Materials source, use of which by the Contractor is required.
00160.01 Notification of Source of Supply and Materials:
(a) All Materials - The Contractor shall notify the Engineer in writing of all proposed Materials sources
of supply,including without limitation any steel or other fabricators within the following time frames:
• At least 15 Calendar Days before using or fabricating Materials,if source is within the State; or
• At least 45 Calendar Days before using or fabricating Materials, if source is outside the State
(b) Prospective Source Materials - When given an option to use Prospective Sources of Materials to be
incorporated into the Work, the Contractor shall notify the Engineer in writing of the option selected
within 15 Calendar Days from date of Notice to Proceed. Otherwise, such Materials sources may become
unavailable.
(c) Approval Required- Before allowing production or delivery of Materials to begin from any source,
the Contractor must obtain the Engineer's approval. Approval to use any source does not imply that
Materials from that source will be accepted. If approved sources do not provide Materials that meet
Specifications, the Materials will be rejected. The Contractor will then be responsible for locating other
sources and obtaining the Engineer's approval.
(d) Terms Required - The Contractor shall comply with 00170.07.
00160.05 Qualified Products List (QPL) -The QPI, is a listing of manufactured products available on
the market (shelf items) that ODOT has evaluated and found suitable for a specked use in construction.
The QPL is published twice a year and is available from ODOT's Construction Section; 800 Airport Road
SE; Salem, OR 97301-4798;phone 503-986-3000. It may also be viewed on ODOT's web site.
The current version of the QPL, at the time of Bid Closing is the version in effect for the Project. The
Engineer may approve for use a conditionally qualified product, or a product qualified for inclusion in a
later edition of the QPL, if the Engineer finds the product acceptable for use on the Project.
Use of listed products shall be restricted to the category of use for which they are listed. The Contractor
shall install all products as recommended by the manufacturer. The Contractor shall replace qualified
products not conforming to Specifications or not properly handled or installed at the Contractor's expense.
00160.10 Ordering, Producing, and Furnishing Materials -The Contractor shall not place orders for or
produce full quantities of Materials anticipated to be required to complete the Work until the Work has
advanced to a stage that allows the quantities to be determined with reasonable accuracy.
(a) Contractor's Duties - In purchasing, producing, or delivering Materials, the Contractor shall take
into account the following:
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00160
• Kind of work involved;
• Amount of work involved;
• Time required to obtain Materials;and
• Other relevant factors.
(b) Quantity of Materials - Materials quantities shown on the Plans, or indicated by quantities and Pay
Items, are subject to change or elimination. The Contractor is responsible for payment for excess
Materials delivered to the Project Site or storage sites. Unless otherwise specified in the Contract, the
Agency will not be responsible for:
• Materials the Contractor may deliver or produce in excess of Contract requirements;
• Extra expense the Contractor may incur because Materials were not ordered or produced earlier; or
• The Contractor's expenses related to Materials ordered by the Contractor that are not subsequently
approved for use.
00160.20 Preferences for Materials:
(a) 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.
(b) Recycled Materials - According to ORS 279A.010, ORS 279A.125, ORS 279A.145, ORS 279A.150,
and ORS 279 A.155, and subject to the approval of the Engineer, the Contractor shall use recycled
products to the maximum extent economically feasible.
00160.60 Contractor-Furnished Materials and Sources:
(a) General- The Contractor shall furnish, at its own expense, all products and Materials required for
the Project from sources of its own choosing, unless such sources have been specified in the Special
Provisions or Plans as Prospective or Mandatory Sources.
(b) Acquisition of Sources -The Contractor shall acquire, at its own expense, the rights of access to,
and the use of, all sources the Contractor chooses which are not Agency-controlled and made available by
the Agency to the Contractor.
(c) Additional Requirements - Except for continuously-operated commercial sources, Work shall not
begin, nor will any Materials be accepted by the Engineer,until the Contractor has:
(1) Given to the Engineer a copy of permits from, or proof that permits are not required from:
• The Department of Geology and Mineral Industries, as required under ORS 517.790;
• The Department of State Lands, as required under ORS 196.815 (when removing material from
the bed or banks of any waters or from any Wetland);and
• Local governmental authorities having jurisdiction over land use at the source location.
(2) Furnished to the Engineer written approval of the property owner, if other than the Contractor,
for the Contractor's proposed plans of operation in, and reclamation of, the source. The Contractor
shall include in the document containing the property owner's written approval a summary of the
requirements of the pernuts described above,which shall be subject to the Engineer's approval.
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
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00160
and OAR 632-030) when developing, using, and reclaiming all sources of Borrow material and Aggregate.
The Contractor shall provide erosion control at Borrow sources that are not within the Project Site. The
Contractor shall not operate in Wetlands except as allowed by permit. The Contractor shall comply with all
requirements for pollution and sediment control, including without limitation the National Pollutant
Discharge Elimination System where applicable.
Except for continuously-operated commercial sources, the Contractor shall also conform to the following:
(a) If a natural growth of trees or shrubs is present, preserve a border of such to conceal land scars.
(b) Excavate Borrow sources and Aggregate sources, except for those in streams and rivers, to provide:
• Reasonably uniform depths and widths;
• Natural drainage so no water stands or collects in excavated areas,when practicable;
• Slopes trimmed to blend with the adjacent terrain upon completion of operations;
• Slopes covered with native soil, or acceptable plant rejects to support plant growth, if required by
Specifications,Plans, or permits; and
• A vegetative cover that blends with the adjacent natural growth.
(c) Excavate in quarries so that:
• I{aces will not be steeper than vertical (no overhang);
• Vertical faces conform to Oregon OSHA standards, Division 3, and as shown on an approved
development plan;
• Floors or benches are excavated to a uniform Slope free of depressions and will drain and not
interfere with the downland owner's property; and
• Upon completion, the quarry is left appearing neat and compatible with surrounding terrain.
(c) Obliterate haul roads specifically built for access to sources, and restore the areas disturbed by these
roads as nearly as practicable to the conditions that existed before the roads were built, unless
otherwise directed by the landowner or regulatory body.
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Section 00165 - Quality of Materials
00165.00 General- The Contractor shall incorporate into the Work only Materials conforming to the
Specifications and approved by the Engineer. The Contractor shall incorporate into the Work only
manufactured products made of new materials unless otherwise specified in the Contract. The Agency may
require additional testing or retesting to determine whether the Materials or manufactured products meet
Specifications.
Materials or manufactured products not meeting the Specifications at the time they are to be used are
unacceptable and must be removed immediately from the Project Site, unless otherwise directed by the
Engineer.
00165.01 Rejected Materials -The Engineer may reject any Materials that appear to be defective
(00150.25) or that contain asbestos. The Contractor shall not incorporate any rejected Materials into the
Work. Rejected Materials whose defects have been corrected may not be incorporated into the Work until
the Engineer has approved their use. The Engineer may order the removal and replacement by the
Contractor, at Contractor's expense, of any defective Materials. (refer also to 00150.20)
00165.03 Testing by Agency - When testing Materials, the Agency will conduct the tests in its central
laboratory, field laboratories, or other laboratories designated by the Engineer, even though certain
AASHTO, ASTM, and other Materials specifications may require testing at the place of manufacture.
Results of the Agency's tests will be made available to the Contractor.
00165.04 Costs of Testing-When the Contract requires that the Agency performs the testing, the testing
will be at the Agency's expense.
Unless otherwise provided in the Contract, all testing required to be performed by the Contractor will be at
the Contractor's expense.
00165.10 Materials Acceptance Guides - Unless otherwise specified elsewhere in the Contract, Materials
will be accepted according to the following guides:
(a) Field-Tested Materials - Field-tested Materials will be accepted according to the ODOT Manual of
Field Test Procedures (MFTP) unless otherwise specified in the Special Provisions. The MFTP is
published once per year and is available from the ODOT —Construction Section, 800 Airport Road SE;
Salem, OR 97301-4798; phone 503-986-3000. The MFTP is also available on the ODOT Construction
Section web site.
(b) Nonfield-Tested Materials - Nonfield-tested Materials will be accepted according to the ODOT
Nonfield Tested Materials Acceptance Guide (NTMAG), unless otherwise specified in the Special
Provisions. The NTNI'tG is available on the ODOT Construction Section web site.
00165.20 Materials Specifications and Test Method References - References to Materials specifications
and test methods of ODOT, WAQTC, AASHTO, ASTM, other governmental agencies, or other
recognized organizations mean those officially adopted and in current use by the agency or organization on
the first date of Advertisement for Bids.
If there are conflicting references, or if no reference is made to Materials specifications or test method,
Materials must meet the Materials specifications or test methods required by the first applicable of the
following agencies and organizations:
• Field-Tested Materials:
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00165
• Special Provisions;
• Standard Specification; and
• MFTP.
• Nonfield Tested Materials:
• ODOT;
• WAQTC;
• AASHTO;
• ASTM;
• Other recognized national organizations, such as ANSI, Alx'PA, IMSA, and UL; and
• Industry standards in the location where the Work is being performed.
If there are conflicting references in the Contract to required sampling and testing frequencies, the
Contractor shall sample and test the Materials according to the first applicable of the following:
• Special Provisions;
• Standard Specification; and
• MFTP.
00165.30 Field-Tested Materials
(a) Acceptance of Field-Tested Materials -The Contractor's test results for field-tested Materials may
be verified by the Agency. Materials will be analyzed as determined by the Engineer for acceptance before
the Engineer will accept them for incorporation into the Work. Incorporated Materials that do not meet
Specifications will be evaluated according to 00165.01 and 00150.25.
If the Agency's verification testing reveals that the Contractor's data is incorrect, the Agency may require
additional testing to determine whether the Materials meet Specifications. The Contractor shall perform
additional quality control testing or provide split samples to the Agency for additional testing as directed.
If the Materials do not meet Specifications, the Contractor shall reimburse the Agency for the cost of the
additional testing, which may be deducted from monies due or to become due the Contractor under the
Contract. Incorporated Materials that do not meet Specifications will be evaluated according to 00165.01
and 00150.25. If the Materials meet Specifications the Agency will pay the cost for the additional testing.
00165.35 Nonfield-Tested Materials - Materials will be subject to acceptance testing if the Engineer so
elects. The Engineer may reject damaged or non-Specification Materials regardless of the Materials "Test
Results and Quality Compliance Certificates furnished.
(a) Test Results Certificate -The Certificate shall:
• Be from the manufacturer verifying that the Material furnished has been sampled and tested and the
test results meet the Specifications.
• Include, or be accompanied by, a copy of the specified test results (ODOT, AASHTO, ASTM, UL
or other).
• Identify the independent testing agency and the representative responsible for the test results.
• Permit positive determination that Material delivered to the Project is the same Material covered by
the test results.
• Be delivered to the Engineer with the shipment of the material.
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(b) Quality Compliance Certificate - The Certificate from the manufacturer shall:
• Verify that the Material tneets the Specifications, and identify by number the specified test methods
used, (0130T,AASHTO, ASTM, LTL, or other)
• Permit positive determination that Material delivered to the Project is the same Material covered by
the certificate,
• Be delivered to the Engineer with the shipment of the Material, or be an identification plate or mark,
decal, sticker, label, or tag attached to the container or Material,
(d) Equipment List and Drawings -These consist of lists of proposed Equipment and Materials, such
as:
• Shop drawings
• Material lists
• Equipment lists
• Catalog description sheets
• Manufacturer's brochures
Submit these lists to the Engineer for review of conformance with the Specifications.
(d) Certificate of Origin of Steel Materials - When specified, complete this document (ODOT
Form 734-2126) as required by 00160.20 for Federal-aid projects.
00165.50 Acceptance Sampling and Testing -The Contractor shall sample and test Materials for
acceptance, as required by the Contract. Materials will be analyzed as determined by the Engineer for
acceptance before the Engineer will accept them for incorporation into the Work. When the Engineer
determines the Materials or Work does not conform to the Specifications the Engineer may accept the
Materials or Work with pay adjustments or reject the Materials or Work per 00150.25.
00165.70 Use of Materials without Engineer's Acceptance:
(a) General-The Contractor shall not incorporate Materials into the Project prior to acceptance by the
Engineer. The Engineer may waive this requirement temporarily if Materials are necessars7 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 Engitieer, no payment will be made for the
value of the Materials, or the costs of incorporating them, until Materials are accepted by the Engineer, or
the Materials are otherwise found through testing to comply with Specifications.
00165.75 Storage and Handling of Materials - The Contractor shall store and handle Materials so as to
preserve their quality and fitness for incorporation into the Work. The Contractor shall restore all storage
sites to their original condition according to 00140.90, or to comply with any applicable permits, orders, or
agreements, at the Contractor's expense.
Stored Materials:
• Shall be readily accessible for inspection;
• May be stored on approved parts of the Right-of-Way;and
• May be stored on private property if written permission of the owner or lessor is obtained.
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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 duality 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 EXECUI"ION OF THE CONTRACT HEREBY CONSENTS TO THE IN
PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION.
00170.01 Other Agencies Affecting Agency Contracts - Representatives of regulatory bodies or units of
government whose Laws may apply to the Work shall have access to the Work according to 00150.20(d).
These may include but are not limited to those in the following (a), (b), (c), and (d).
(a) Federal Agencies:
Agriculture, Department of
Forest Service
Natural Resource Conservation Service
Army, Department of the
Corps of Engineers
Commerce, Department of
National Marine Fisheries Service
Defense, Department of
Energy, Department of
Environmental Protection Agency (EPA)
Federal Energy Regulatory Commission
Geology Survey
Health and Human Services, Department of
Homeland Security, Department of
U.S. Coast Guard (USCG)
Housing and Urban Development, Department of
Interior, Department of
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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:
• Obtain all necessary permits and licenses, except for those noted in 00170.03;
• Pay all applicable charges, fees and taxes, except for those noted in 00170.03;
• Give all notices required by applicable Laws, or under the terms of the Contract;
• Comply with ORS 274.530 relating to lease of stream beds by Oregon Division of State Lands;
• License, in the State of Oregon, all vehicles subject to licensing;
• Comply with ORS 477.625 and ORS 527.670 relating to clearing and fire hazards on forest lands; and
• Comply with all orders and permits issued by a governmental authority,whether local, State, or federal.
00170.03 Furnishing Right-of-Way and Permits - Unless required to be obtained in the name of the
Contractor, the Agency will obtain and pay for the following when they are required by the applicable Laws
or by Plans or Specifications:
• All necessary Rights-of-Way;
• Permits required for crossing or encroaching upon navigable streams;
• Permits required for removing materials from or depositing materials in waterways;
• Permits required for operating in Agency-controlled source of Materials or disposal area;
• System development fees charged by local units of government;
• Building construction permits, not including specialty work such as heating, ventilation, air
conditioning, or electrical;
• Cost of referencing and replacing endangered survey monuments; and
• Environmental permits, including erosion control permits.
If, after the Bid Closing date, the Agency obtains any Permits, Rights-of-Way or Easements which require
changes to the Work and thereby causes an increase or decrease in the cost of, or the time required for the
performance of the Work, the Contractor shall submit information sufficient for the Engineer to determine
the extent of the effects on the cost and/or schedule. If the Engineer agrees the cost and/or schedule will
be affected by such changes, such effects will be handled in accordance with the General Conditions. The
Engineer will provide the Contractor with a copy of any such Permits, Rights-of-Way or Easements.
00170.04 Patents, Copyrights, and Trademarks - Prior to use of designs, devices, materials, or processes
protected by patent, copyright, or trademark, the Contractor shall obtain from the Entity entitled to enforce
the patent, copyright, or trademark all necessary evidence of legal right.
The Contractor shall indemnify, defend and hold harmless the Agency and all third parties and political
subdivisions having a possessory or ownership interest or regulatory authority over the Project or Project
Site from claims of patent, copyright or trademark infringement, and from costs, expenses and damages the
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00170
Contractor or Agency may be obligated to pay as a result of such infringement during or after completing
the Work.
00170.05 Assignment of Antitrust Rights - The Contractor irrevocably assigns to the Agency any claim
for relief or cause of action the Contractor acquires during the term of the Contract, or which may accrue
thereafter, by reason of any violation of:
• Title 15 (Commerce and Trade), United States Code;
• ORS 646.725; and
• ORS 646.730.
In connection with this assignment, it is an express obligation of the Contractor to take no action that
would in any way impair or diminish the value of the rights assigned to the Agency according to the
provisions of this Subsection. Further, it is the express obligation of the Contractor to take all action
necessary to preserve the rights assigned. It is an express obligation of the Contractor to advise the
Agency's legal counsel:
• In advance, of its intention to commence any action involving such claims for relief or causes of
action;
• Immediately upon becoming aware of the fact that an action involving such claims for relief or causes
of action has been commenced by some other person or persons;
• The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact
of the Contractors assignment to the Agency according to the provisions of this Subsection; and
• Immediately upon the discovery of any such antitrust claim for relief or cause of action.
In the event any payment is made to the Contractor under any such claims for relief, the Contractor shall
promptly pay the full sum over to the Agency. In the event the Contractor fails to make such payment, the
Agency may deduct the amount from monies due or to become due the Contractor under the Contract.
00170.07 Record Requirements - For purposes of this Subsection the term "Contractor" includes the
Contractor, all subcontractors, Material Suppliers, and providers of rented operated Equipment (except non-
DBE truck drivers), at all tiers, for all subcontracts with first-tier Subcontractors, all subcontracts between
the first-tier Subcontractors and their subcontractors and any other lower tier subcontracts, and "Related
Entities" as that term is defined in OAR 731-005-0780. The Material Suppliers included in this definition
are those for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and the supply and
fabrication of structural steel items or Material Suppliers that provide quotes.
(a) Records Required- The Contractor shall maintain all records, whether created before or after
execution of the Contract, or during Contract performance, or after Contract completion, to clearly
document:
• The Contractor's performance of the Contract or a subcontract;
• The Contractor's ability to continue performance of the Contract or a subcontract; and
• All claims arising from or relating to performance under the Contract or a subcontract.
These records shall include all records, including fiscal records, regardless of when created for the
Contractor's business. The records for the Contractors business include without limitation the:
• Bidding estimates and records,worksheets, tabulations or similar documents.
• Job cost detail reports,including monthly totals.
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• Payroll records (including without limitation the ledger or register, and tax forms) and all documents
which establish the periods, individuals involved, the hours for the individuals, and the rates for the
individuals.
• Records that identify the Equipment used by the Contractor and subcontractors in the performance
of the Contract or subcontracts, including without limitation, Equipment lists, rental contracts and
any records used in setting rental rates.
• Invoices from vendors, rental agencies, and subcontractors.
• Material quotes, invoices,purchase orders and requisitions.
• Contracts with subcontractors and contracts with Material Suppliers, Suppliers and providers of
rented equipment.
• Contracts or documents of other arrangements with any Related Entity as defined in OAR 731-005-
0780.
• General ledger.
• Trial Balance.
• Financial statements (including without limitation the balance sheet, income statement, statement of
cash flows, and financial statement notes).
• Income tax returns.
• All worksheets used to prepare bids or claims, or to establish the cost components for the Pay Items,
including without limitation, the labor, benefits and insurance, Materials, Equipment, and
subcontractors.
The following are examples, but not an exhaustive list, of records that would be included, if generated by
the Contractor. If the Contractor generates such records, or equivalent records, they are included among
the records subject to 00170.07.
• Daily time sheets and supervisor's daily reports.
• Collective bargaining agreements.
• Earnings records.
• Journal entries and supporting schedules.
• Insurance,welfare, and benefits records.
• Material cost distribution worksheet.
• Subcontractors' and lower tier subcontractors' payment certificates.
• Payroll and vendors cancelled checks.
• Cash disbursements journal.
• All documents related to each and every claim together with all documents that support the amount
of damages as to each claim.
• Additional financial statements (including without limitation the balance sheet, income statement,
statement of cash flows, and financial notes) preceding the execution of the Contract and following
final payment of the Contract.
• Depreciation records on all business Equipment maintained by the business involved, its accountant,
or other Entity. (If a source other than depreciation records is used to develop cost for the
Contractor's internal purposes in establishing the actual cost of owning and operating Equipment, all
such other source documents.)
The Contractor shall maintain all fiscal records in material compliance with generally accepted accounting
principles, or other accounting principles that are accepted accounting principles and practices for the
subject industry and adequate for the nature of the Contractor's business, and in such a manner that
providing a complete copy is neither unreasonably time consuming nor unreasonably burdensome for the
Contractor or the Agency. Failure to maintain the records in this manner shall not be an excuse for not
providing the records.
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The Contractor shall include in its subcontracts, purchase orders, and all other written agreements, a
provision requiring all subcontractors, Material Suppliers and providers of rented operated Equipment,
(except non-DBE truck drivers), at all tiers to comply with 00170.07. The Contractor shall also require all
subcontractors, Material Suppliers, and providers of rented operated Equipment, (except non-DBE truck
drivers), at all tiers and Related Entities to include in their contracts, purchase orders, and all other written
agreements, a provision requiring all lower tier subcontractors, Material Suppliers and providers of rented
operated Equipment (except non-DBE truck drivers) to comply with 00170.07. The Material Suppliers to
which this applies are those for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and
the supply and fabrication of structural steel items or Material Suppliers that provide Material quotes and
Related Entities as defined in OAR 731-005-0780.
(b) Access to Records -The Contractor shall provide the Engineer access to or a copy of all Contractor
records upon request. A Project Manager's authority to request or access records is subject to OAR 731-
005-0780(9). During the record retention period the Engineer, employees of the Agency, representatives
of the Agency, or representatives of regulatory bodies or units of government may:
• Inspect, examine and copy or be provided a copy of all Contractor records;
• Audit the records, a Contract or the performance of a Contract;
• Inspect, examine and audit the records when, in the Agency's sole discretion, the records may be
helpful in the resolution of any claim, litigation, administrative proceeding or controversy arising out
of or related to a Contract.
Reasons for access to audit, inspect, examine and copy records include without limitation, general
auditing, reviewing claims, checking for collusive bidding, reviewing or checking payment of required
wages, performance and contract compliance, workplace safety compliance, evaluating related Entities,
environmental compliance, and qualifications for performance of the Contract, including the ability to
perform and the integrity of the Contractor.
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
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as trade secrets to a third party, who is not a representative of the Agency, to the extent the records are
exempt from disclosure as trade secrets under the Oregon Public Records Law or other applicable law,
except to the extent Agency is ordered to disclose in accordance with the Oregon Public Records Law or
by a court of competent jurisdiction. Application of the Oregon Public Records Law or other applicable
law shall determine whether any record, document or information is actually exempt from disclosure.
In addition, in response to a public records request, the Agency will not produce or disclose records so
identified as exempt by the Contractor to any person other than representatives of the Agency, and others
with authorized access under 00170.07(b), without providing the Contractor a copy of the public records
request, unless:
The Contractor consents to such disclosure; or
Agency is prohibited by applicable law or court order from providing a copy of the public records request to
the Contractor.
00170.10 Required Payments by Contractors - The Contractor shall comply with ORS 279C.505 and
ORS 279C.515 during the term of the Contract.
(a) Prompt Payment by Contractor for Labor and Materials -As required by ORS 279C.505, the
Contractor shall:
• Make payment promptly, as due, to all Entities supplying labor or Materials under the Contract;
• Pay all contributions or amounts due the Industrial Accident Fund, whether from the Contractor or
a subcontractor, incurred in the performance of the Contract;
• Not permit any lien or claim to be filed against the State or any political subdivision thereof, on
account of any labor or Material furnished in performance of the Contract; and
• Pay to the Department of Revenue all sums withheld from employees according to ORS 316.167.
(b) Prompt Payment by Contractor to First-Tier Subcontractor(s) -According to
ORS 279C.580(3)(a), after the Contractor has determined and certified to the Agency that one or more of
its Subcontractors has satisfactorily performed subcontracted Work, the Contractor may request payment
from the Agency for the Work, and shall pay the Subcontractor(s) within 10 Calendar Days out of such
amounts as the Agency has paid to the Contractor for the subcontracted Work.
(e) 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 2790.580(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.
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(e) Right to Complain to the Construction Contractors Board - If the Contractor or a subcontractor
fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with
the Contract, the Entity may file a complaint with the Construction Contractors Board, unless payment is
subject to a good-faith dispute as defined in ORS 279C.580(5)(b).
(f) Notice of Claim Against Bond - An Entity (which by definition includes a natural person) claiming
not to have been paid in full for labor or Materials supplied for the prosecution of the Work may have a
right of action on the Contractor's Payment Bond as provided in ORS 279C.600 through ORS 279C.625.
The Commissioner of the Bureau of Labor and Industries (BOLI) may have a right of action on the
Contractor's and Subcontractors' public works bonds and Payment Bonds for workers who have not been
paid in full, as provided in ORS 2790.600 and ORS 279C.605.
00170.20 Public Works Bond- Before starting Work, the Contractor and subcontractors shall each file
with the Construction Contractors Board, and maintain in full force and effect, a separate public works
bond, in the amount of $30,000 unless otherwise exempt, as required by ORS 279C.830(3) and
ORS 279C.836. The Contractor shall verify subcontractors have filed a public works bond before the
subcontractor begins Work.
00170.32 Protection of Navigable Waters -The Contractor shall comply with all applicable Laws,
including without limitation the Federal River and Harbor Act of March 3, 1899 and its amendments.
The Contractor shall not interfere with waterway navigation or impair navigable depths or clearances, except
as U.S. Coast Guard or Corps of Engineer permits allow.
00170.60 Safety, Health, and Sanitation Provisions -The Contractor shall comply with all Laws
concerning safety, health, and sanitation standards. The Contractor shall not require workers to perform
Work under conditions that are hazardous, dangerous, or unsanitary.
Workers exposed to traffic shall wear upper body garments or safety vests that are highly visible and meet
the requirements of 00225.25.
Workers exposed to falling or flying objects or electrical shock shall wear hard hats.
Upon their presentation of proper credentials, the Contractor shall allow inspectors of the U.S.
Occupational Safety and Health Administration (OSHA) and the Oregon Occupational Safety and Health
Division (OR-OSHA) to inspect the Work and Project Site without delay and without an inspection
warrant.
According to ORS 468A.715 and ORS 468A.720, the Contractor or a Subcontractor who performs Project
Work involving asbestos abatement shall possess a valid DEQ asbestos abatement license.
00170.61 Industrial Accident Protection:
(a) Workers' Compensation- The Contractor shall provide workers' compensation coverage for on-
the-job injuries as required by 00170.70(d).
(b) Longshoremen's and Harbor Workers' Compensation - If Work to be performed is over or
adjacent to navigable waters, the Longshoremen's and Harbor Workers' Compensation Act, (Chapter 18,
Title 33 of the USC) may apply, and the Contractor shall be responsible for complying with its provisions
(which may include the provision of additional workers' compensation benefits to employees).
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00170.62 Labor Nondiscrimination -The Contractor shall comply with all Laws concerning equal
employment opportunity, including without limitation those prohibiting discrimination because of race,
religion, color, sex, disability, or national origin.
00170.63 Payment for Medical Care -According to ORS 279C.530, the Contractor shall promptly, as
due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical
and hospital care services or other needed care and attention, incident to sickness or injury, to the
employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys
and sums that the Contractor collected or deducted from the wages of employees under any law, contract or
agreement for the purpose of providing or paying for the services.
00170.65 Minimum Wage and Overtime Rates for Public Works Projects:
(a) General-The Contractor is responsible for investigating local labor conditions. The Agency does
not imply that labor can be obtained at the minimum hourly wage rates specified in State or federal wage
rate publications, and no increase in the Contract Amount will be made if wage rates paid are more than
those listed.
(b) State Prevailing Wage Requirements -The Contractor shall comply with the prevailing wage
provisions of ORS 279C.800 through ORS 279C.870.
(1) Minimum Wage Rates -The Bureau of Labor and Industries (BOLI) determines and publishes
the existing State prevailing wage rates in the publication "Prevailing Wage Rates for Public Works
Contracts in Oregon". The Contractor shall pay workers not less than the specified minimum hourly
wage rate according to ORS 279C.838 and ORS 279C.840 and shall include this requirement in all
subcontracts.
See the Project Wage Rates page included with the Contract Booklet for additional information about
which wage rates apply to the project and how to access the applicable wage rates.
(2) Payroll and Certified Statements -As required in ORS 279C.845, the Contractor and every
subcontractor shall submit written certified statements to the Engineer on the form prescribed by the
Commissioner of BOLI in OAR 839-025-0010 certifying compliance with wage payment requirements
and accurately setting out the Contractor's or subcontractor's weekly payroll records for each worker
employed upon the project.
The Contractor and subcontractors shall preserve the certified statements for a period of 6 years from
the date of completion of the Contract.
(3) Additional Retainage:
a. Agency-As required in ORS 279C.845(7) the Agency will retain 25% of any amount earned by
the Contractor on the project until the Contractor has filed the certified statements required in
ORS 279C.845 and in 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.
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(4) Owner/Operator Data - For a project funded by the FHWA, the Contractor shall furnish data to
the Engineer for each owner/operator providing trucking services. Furnish the data before the time
the services are performed and include without limitation for each owner/operator:
• Drivers name;
• Copy of driver's license;
• Vehicle identification number;
• Copy of vehicle registration;
• Motor vehicle license plate number;
• Motor Carrier Plate Number;
• Copy of ODOT Motor Carrier 1A Permit; and Name of owner/operator from the side of the
truck.
(c) State Overtime Requirements -As a condition of the Contract, the Contractor shall comply with
the pertinent provisions of ORS 279.520 and 279C.540.
(1) Maximum Hours of Labor and Overtime Pay-According to ORS 279C.540, no person shall be
employed to perform Work under this Contract for more than 10 hours in any 1 Day, or 40 hours in
any 1 week, except in cases of necessity, emergency, or where public policy absolutely requires it. In
such instances, the Contractor shall pay the employee at least time and a half pay:
• For all overtime in excess of 8 hours a day or 40 hours in any 1 week when the work week is
5 consecutive days, Monday through Friday; or
• For all overtime in excess of 10 hours a day or 40 hours in any 1 week when the work week is
4 consecutive days, Monday through Friday; and
• For all Work performed on Saturday and on any legal holiday specified in ORS 279C.540.
For additional information on requirements for overtime and establishing a work schedule see OAR 839-
025-0050 and OAR 839-025-0034.
(2) Notice of Hours of Labor-The Contractor shall give written notice to employees of the number
of hours per day and days per week the employees may be required to work. Provide the notice either
at the time of hire or before commencement of work on this Contract, or by posting a notice in a
location frequented by employees.
(3) Exception -The maximum hours of labor and overtime requirements under ORS 279C.540 will
not apply to the Contractor's Work under this Contract if the Contractor is a party to a collective
bargaining agreement in effect with any labor organization. For a collective bargaining agreement to be
in effect it shall be enforceable within the geographic area of the project, and its terms shall extend to
workers who are working on the project (see OAR 839-025-0054).
(d) State Time Limitation on Claim for Overtime -According to ORS 279C.545, any worker
employed by the Contractor is foreclosed from the right to collect any overtime provided in
ORS 279C.540 unless a claim for payment is filed with the Contractor within 90 Days from the
completion of the contract, provided the Contractor posted and maintained a circular as specified in this
provision. Accordingly, the Contractor shall:
(1) Cause a circular, clearly printed in boldfaced 12-point type containing a copy of ORS 279C.545, to
be posted in a prominent place alongside the door of the timekeeper's office or in a similar place
which is readily available and freely, visible to any or all workers employed to perform Work; and
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(2) Maintain such circular continuously posted from the inception to the completion of the Contract
on which workers are or have been employed.
(e) Additional Requirements When Federal Funds are Involved- When federal funds are involved,
the following requirements shall apply in addition to the requirements of 00170.65(a) through
00170.65(d). The Contractor shall include these provisions in all subcontracts as well as ensure that all
Subcontractors include these provisions in their lower tier subcontracts.
(1) FHWA Requirements - For Federal-Aid projects, the Contractor shall comply with the provisions
of FHWA Form 1273, "Required Contract Provisions Federal-Aid Construction Contracts".
(2) Minimum Wage Rates -The Contractor shall pay each worker in each trade or occupation
employed to perform any work under the contract not less than the existing State (BOLI) prevailing
wage rate or the applicable federal prevailing wage rate required under the Davis-Bacon Act
(40 U.S.C. 3141 et seq.), whichever is higher. The Contractor shall include this provision in all
subcontracts.
• See the Project Wage Rates page included with the Contract Booklet for additional information
about which wage rates apply to the project and how to access the applicable wage rates.
• The applicable Davis-Bacon and BOLI wage rates will be included in the Contract.
(3) Payroll and Certified Statements - In addition to providing the payroll information and certified
statements required under ORS 279C.845 (see 00170.65(b-2)), the Contractor and every subcontractor
shall submit written certified statements that also meet the requirements in Section IV of FHWA
Form 1273 except the Contractor and every subcontractor shall preserve the certified statements for a
period of 6 years from the date of completion of the Contract.
(4) Overtime - With regard to overtime pay, the Contractor shall comply with the overtime provision
affording the greatest compensation required under FHWA Form 1273 and ORS 279C.540.
00170.70 Insurance:
(a) Insurance Coverages -The Contractor shall obtain, at its expense, and keep in effect during the
term of the Contract, the insurance coverages in accordance with the Public Improvement Contract in the
Contract Booklet and comply with all insurance provisions thereof. The insurance coverages shall also be
maintained throughout the Contractor's Correction Period as defined in 00170.85(b).
00170.71 Independent Contractor Status -The service or services to be rendered under this Contract are
those of an independent contract. The Contractor is not an officer, employee, or agent of the Agency as
those terms are used in ORS 30.265.
00170.74 Employee Drug Testing Program - As required by ORS 279C.505(2), the Contractor shall have
in place, and maintain during the period of the Contract, an employee drug-testing program. The Agency
retains the right to audit and/or monitor the program. On request by the Engineer, the Contractor shall
furnish a copy of the employee drug-testing program.
00170.75 Oregon Tax Laws -The Contractor shall comply with Oregon tax laws as required by ORS
305.385.
00170.76 Subcontractors Nondiscrimination - The Contractor shall comply with ORS 279A.110 as to
nondiscrimination as to relations with Subcontractors.
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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 iti connection with the award or
performance of any Contract.
The Contractor shall not rent, lease, or purchase Materials, supplies, or Equipment, with or through any
Agency employee or member of the Agency's governing body.
No ex-employee of the Agency who has worked for the Agency on any phase of the Project within the prior
2 years may be employed by the Contractor to perform Work on the Project.
00170.79 Third Party Beneficiary -There are no third-party beneficiaries of the Contract, unless federal
transportation funding is involved then the State of Oregon, the Oregon Transportation Commission and
the Oregon Department of Transportation and their respective officers and members and employees, are
third-party beneficiaries of the Contract.
00170.80 Responsibility for Damage to Work:
(a) Responsibility for Damage in General-The Contractor shall perform Work, and furnish Materials
and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has
been completed and until Final Completion as determined by the Agency. The Contractor shall repair all
damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as
otherwise provided in this Section.
(b) Repair of Damage to Work- Until Final Completion, the Contractor shall promptly rebuild, repair,
restore, and make good damages to all portions of the permanent or temporary Work. The Contractor
shall perform all repairs of damage to Work at no additional cost to the Agency, except for repairs
necessitated by damage caused by:
• Acts of God or Nature, as defined in Section 00110;or
• Actions of governmental authorities.
(e) Vandalism and Theft- Vandalism includes damage to or destruction of Work or portions of Work
that remain on the Project Site resulting from vandalism, criminal mischief, arson, or other criminal or
illegal behavior.
The Contractor shall provide reasonable protection of the Work from vandalism until Final Completion.
Theft includes the loss of Work or portions of Work that are lost or stolen or otherwise unaccounted for
from the Project Site or from Materials or fabrication locations. The Contractor shall remain solely
responsible for all losses caused by theft, including without limitation theft that occurs in conjunction
with vandalism.
00170.82 Responsibility for Damage to Property and Facilities:
(a) In General-As used in this Subsection, the term "Contractor" shall include the Contractor's agents,
Subcontractors, and all workers performing Work under the Contract; and the term "damage" shall
include without limitation soiling or staining surfaces by tracking or splashing mud, asphalt, and other
materials, as well as damage of a more serious nature.
The Contractor shall be solely responsible for damages arising from:
• The Contractor's operations;
• The Contractor's negligence, gross negligence, or intentional wrongful acts; and
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• The Contractors failure to comply with any Contract provision.
The Agency may withhold funds due the Contractor or the Contractor's Surety until all lawsuits, actions,
and claims for injuries or damages are resolved, and satisfactory evidence of resolution is furnished to the
Agency.
(b) Protection and Restoration of Agency Property and Facilities - The following requirements
apply to highways, highway Structures and other improvements that are existing, under construction, or
completed. The Contractor shall:
• Provide adequate protection to avoid damaging Agency property and facilities;
• Be responsible for damage to Agency property and facilities caused by or resulting from the
Contractor's operations; and
• Clean up and restore such damage by repair, rebuilding, replacement, or compensation, as
determined by the Engineer.
(c) Protection and Restoration of Non-Agency Property and Facilities - The Contractor shall
determine the location of properties and facilities that could be damaged by the Contractors 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 00170.85(c) shall not be abridged. The Correction Period warranty described
herein shall include extension of the Performance Bond for a period of one year from the date of Second
Notification.
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The Contractor shall be responsible for meeting the technical and performance Specifications required,
making good the Work, and for all repairs of damage to the Work and other improvements, natural and
artificial structures, systems, equipment, and vegetation caused by, or resulting in whole or in part from
occurrences beginning during the warranty period and are the result of defects in Materials, Equipment,
and workmanship. The Contractor shall be responsible for all costs associated with completing the
repair of the defects and for associated Work including but not limited to permitting, mobilization,
traffic control, erosion control, surface restoration, site cleanup and remediation caused by, or resulting
in whole or in part from, defects in Materials, Equipment, or workmanship, and other Work
determined by the Engineer to be necessary to complete the repair of the defects.
Within 10 Calendar Days of the Agency's written notice of defects, the Contractor, or the Contractor's
Surety, shall vigorously and continuously correct and repair the defects and all related damage. If the
Contractor or the Contractor's Surety fails to correct and repair the defects, the Agency may have the
correction and repair done by others. The Contractor or Contractor's Surety shall promptly reimburse
the Agency for all expenses incurred to correct and repair the defects.
In the event of an emergency,where delay could result in serious loss or damage, the Agency may make
emergency corrections and repairs, without written notice. The Contractor or Contractor's Surety shall
promptly reimburse the Agency for all expenses incurred to correct and repair the defects.
Corrections, repairs, replacements or changes shall be warranted for an additional 1 year period
beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or changes.
Without limiting the general applicability of other survival clauses under the Contract, this warranty
provision shall survive expiration or termination of the Contract.
(c) Manufacturer, Supplier or Installer Warranties and Guarantees:
(1) Manufacturer, Supplier or Installer Warranties - For those Specification Sections referencing
this 00170.85(c-1) Subsection, the Contractor shall furnish Warranties from the Manufacturer, Supplier
or Installer and signed by the respective authorized Representative.
The warranty period will be specified in the applicable Specification Section for which it applies.
The warranty period will begin on the date the Engineer issues Second Notification unless otherwise
specified in the Contract.
Corrections, repairs, replacements or changes shall be warranted for an additional Warranty period
beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or changes.
When the Agency makes written notification to the Manufacturer, Supplier or Installer of failure of an
item covered by this warranty, the warranty period will stop for the effected item or the portion of the
effected item that failed, as applicable, until the required repairs or replacements are made and accepted.
All repaired or replaced items shall meet current specifications, unless otherwise specified in the
Contract, and will be warranted for the remaining warranty period.
Warranty work shall be performed when weather permits. If, in the opinion of the Engineer,
temporary repairs are necessary, the temporary repairs will be made by the Agency or an independent
contractor at the Manufacturer's, Supplier's or Installer's expense. The Manufacturer, Supplier or
Installer shall replace all temporary repairs at no additional cost to the Agency.
The Manufacturer, Supplier or Installer shall provide all required traffic control during repair or
replacement of failed items at no additional cost to the Agency.
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(2) Trade Practice Guarantees - For those Items installed on the Project that have customary trade
practice guarantees, the Contractor shall furnish the guarantees to the Engineer at the completion of
the Contract.
00170.89 Protection of Utility, Fire-control, and Railroad Property and Services; Repair; Roadway
Restoration:
(a) Protection of Utility, Fire-Control, and Railroad Property and Services; Coordination -The
Contractor shall avoid damaging the properties of Utilities, Railroads, railways, and fire-control authorities
during performance of the Work. The Contractor shall cooperate with and facilitate the relocation or
repair of all Utilities and Utility seri-ices, as required under 00150.50, and of Railroad and fire-control
property and railways.
The Contractor shall conduct no activities of any kind around fire hydrants until the local fire-control
authority has approved provisions for continued service.
The Contractor shall immediately notify any Utility, Railroad, or fire-control authority whose facilities
have been damaged.
If an Entity has a valid permit from the proper authority to construct, reconstruct, or repair Utility,
Railroad, or fire-control service in the Roadway, the Contractor shall allow the permit holder to perform
the work.
(b) Restoration of Roadway after Repair Work- The Contractor shall restore the Roadway to a
condition at least equal to that which existed before the repair work addressed under this Subsection was
performed, as directed by the Engineer. All restoration work required as a result of Contractor's failure
to protect Utilities, Railroads, railways and fire-control facilities shall be at the Contractor's expense.
Restoration which constitutes Extra Work will be paid as Extra Work.
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations -The Contractor shall be
responsible for loss,injury, or damage that results from its failure to restrain stock and persons.
(a) At the Contractor's Expense - The Contractor shall restrain stock to lands on which they are
confined using temporary fences or other adequate means. The Contractor shall provide adequate
temporary fences or other protection around excavations to prevent animals and unauthorized persons
from entering.
The Contractor shall repair, at Contractor's expense and to the Engineer's satisfaction, fences damaged by
the Contractor's operations and the operations of the Contractor's agents, employees and Subcontractors.
(b) At the Agency's Expense -The Contractor shall construct fences, or move and reconstruct fences,
as shown on the Contract Documents or as directed by the Engineer. The Contractor shall tear down
and remove fencing within the Right-of-Way when no longer needed, as part of the removal Work
described in and paid for according to Section 00310.
00170.93 Trespass -The Contractor shall be responsible for its own, its agents' and employees', and its
Subcontractors' trespass or encroachment upon, or damage to, property during performance of the
Contract.
00170.94 Use of Explosives -The Contractor shall comply with all Laws pertaining to the use of
explosives. The Contractor shall notify anyone having facilities near the Contractor's operations of
Contractor's intended use or storage of explosives. The Contractor shall be responsible for all damage
resulting from its own,its agents' and employees', and its Subcontractors' use of explosives. (see 00330.41(e)
and Section 00335).
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Section 00180 - Prosecution and Progress
00180.00 Scope -This Section consists of requirements for assignment of the Contract, subcontracting,
time for performance, Contract responsibility, suspensions, terminations, and related provisions.
00180.05 Assignment/Delegation of Contract - Unless the Agency gives prior written consent, the
Contractor shall not assign, delegate, sell, or transfer to any Entity, or otherwise dispose of any Contract
rights or obligations, including without limitation:
• The power to execute or perform the Contract; or
• Any of its right, title or interest in the Contract.
Any attempted assignment, delegation, or disposition without prior Agency consent shall be void.
Such Agency consent will not normally be given except for the assignment of funds due under the Contract,
as provided in 00180.06.
If written Agency consent is given to assign, delegate, or otherwise dispose of any Contract rights or
obligations, it shall not relieve the Contractor or its Surety of any part of their responsibility under the
Contract.
00180.06 Assignment of Funds Due under the Contract -Assignment of funds due or to become due
under the Contract to the Contractor will not be permitted unless:
• The assignment request is made on the form acceptable to the Agency;
• The Contractor secures the written consent of the Contractor's Surety to the assignment; and
• The Engineer approves the assignment.
00180.10 Responsibility for Contract-The Contractor shall direct and coordinate the operations of its
employees, Subcontractors and agents performing Work, and see that the Engineer's orders are carried out
promptly. The Contractor's failure to direct, supervise and control its employees, Subcontractors and agents
performing Work will result in one or more of the following actions, or other actions as the Engineer deems
appropriate:
• Suspension of the Work;
• Withholding of Contract payments, as necessary to protect the Agency;
• Ordering removal of individuals from the Project Site; or
• Termination of the Contract.
Action by the Agency under this provision will not prejudice any other remedy it may have.
00180.15 Agency's Right to Do Work at Contractor's Expense - Except as otherwise provided
in 00150.75 and 00220.60, if the Contractor neglects to prosecute the Work properly or fails to perform any
provision of the Contract, the Agency may, after 2 Calendar Days' written notice, correct the deficiencies at
the Contractor's expense. In situations where the Engineer reasonably believes there is danger to life or
property, the Agency may immediately and without notice correct the deficiencies at the Contractor's
expense.
Action by the Agency under this provision will not prejudice any other remedy it may have.
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00180.20 Subcontracting Limitations:
(a) General- The Contractor's own organization shall perform Work amounting to at least the
percentage of the original Contract Amount as indicated in the Special Provisions. The value of
subcontracted Work is the full compensation to be paid to the Subcontractor(s) for all pay items in the
Subcontract(s).
(b) Own Organization -The term "own organization", as used in Section 00180, includes only
employees of the Contractor, Equipment owned or rented by the Contractor, Incidental rental of
operated Equipment, and Materials and Equipment to be incorporated into the Work purchased or
produced by the Contractor.
(c) Rental of Operated Equipment - The Agency will not allow a Disadvantaged Business Enterprise
(DBE) firm to provide seri-ices 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)):
• The disclosed Subcontractor fails or refuses to execute a written contract that is reasonably based
either upon the Project Plans and Specifications, or the terms of the Subcontractors written Bid,
after having had a reasonable opportunity to do so;
• The disclosed Subcontractor becomes bankrupt or insolvent;
• The disclosed Subcontractor fails or refuses to perform the contract;
• The disclosed Subcontractor fails or refuses to meet the bond requirements of the prime Contractor
that had been identified prior to the Bid submittal;
• The Contractor demonstrates to the Agency that the Subcontractor was disclosed as the result of an
inadvertent clerical error;
• The disclosed Subcontractor does not hold a license from the Construction Contractors Board and
is required to be licensed by the board;
• The Contractor determines that the Work performed by the disclosed Subcontractor is not in
substantial compliance with the Plans and Specifications, or that the Subcontractor is substantially
delaying or disrupting the progress of the Work;
• The disclosed Subcontractor is ineligible to work on a public improvement according to the
applicable statutory provisions;
• The substitution is for "good cause" as defined by State Construction Contractors Board rule; or
• 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
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the Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in
ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall include:
(1) A payment clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory
performance under the subcontract within 10 Calendar Days out of amounts the Agency pays to the
Contractor under the Contract.
(2) A clause that requires the Contractor to provide the first-tier Subcontractor with a standard form
that the first-tier Subcontractor may use as an application for payment or as another method by which
the Subcontractor may claim a payment due from the Contractor.
(3) A clause that requires the Contractor, except as otherwise provided in this subsection, to use the
same form and regular administrative procedures for processing payments during the entire term of the
subcontract. The Contractor may change the form or the regular administrative procedures the
Contractor uses for processing payments if the Contractor:
• Notifies the Subcontractor in writing at least 45 Calendar days before the date on which the
Contractor makes the change; and
• Includes with the written notice a copy of the new or changed form or a description of the new
or changed procedure.
(4) An interest penalty clause that obligates the Contractor, if the Contractor does not pay the first-tier
Subcontractor within 30 Calendar Days after receiving payment from the Agency, to pay the first-tier
Subcontractor an interest penalty on amounts due in each payment the Contractor does not make in
accordance with the payment clause included in the subcontract under 00180.21(d-1). The Contractor
or first-tier Subcontractor is not obligated to pay an interest penalty if the only reason that the
Contractor or first-tier Subcontractor did not make payment when payment was due is that the
Contractor or first-tier Subcontractor did not receive payment from the Agency or the Contractor
when payment was due. The interest penalty applies to the period that begins on the day after the
required payment date and ends on the date on which the amount due is paid; and shall be computed at
the rate specified in 00170.10(c).
(5) A clause that requires the Contractor's first-tier Subcontractor to include a payment clause and an
interest penalty clause that conform to the standards of ORS 2790.580 (see 00180.21(d-1) and
00180.21(4-4)) in each of the first-tier Subcontractor's subcontracts and to requite each of the first-tier
Subcontractor's subcontractors to include such clauses in their subcontracts with each lower-tier
subcontractor or Material supplier.
These payment clauses shall require the Contractor to return all retainage withheld from the
Subcontractor, whether held by the Contractor or the Agency, as specified in 00195.50(4).
As required by ORS 2790.800 through ORS 279C.870, subcontracts shall include:
• A provision requiring the subcontractor to have a public works bond filed with the Construction
Contractors Board before starting Work on the Pro)ect, unless exempt.
• A provision requiring that the workers shall be paid not less than the specified minimum hourly
rate of wage.
(c) Contractor's Responsibilities - Whether or not stated in the subcontract agreement itself, the
Contractor shall remain solely responsible for administration of the subcontract, including but not limited
to:
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• Performance of subcontracted Work;
• Progress of subcontracted Work;
• Payments for accepted subcontracted Work; and
• Disputes and claims for additional compensation regarding subcontracted Work.
It shall be the direct responsibility of the Contractor to ensure that each and every Subcontractor will not
only be issued a complete and current set of Plans and Specifications, but also that these Plans and
Specifications are on the project site and in use by the Subcontractor when it is performing its portion of
the project.
Subcontracted Work shall not create a contract between the Agency and the Subcontractor, will not
convey to the Subcontractor any rights against the Agency, and will not relieve the Contractor or the
Contractor's Surety of any of their responsibilities under the Contract.
(d) Failure to Comply - Failure to comply with 00180.21 will be cause for the Engineer to take action
reasonably necessary to obtain compliance. This action may include, but is not limited to:
• Suspension of the Work;
• Withholding of Contract payments as necessary to protect the Agency; and
• Termination of the Contract.
00180.22 Payments to Subcontractors and Agents of the Contractor- To the extent practicable, the
Contractor shall pay in the same units and on the same basis of measurement as listed in the Schedule of
Items for subcontracted Work or other Work not done by the Contractor's own organization. The Agency
will not be responsible for any overpayment or losses resulting from overpayment by the Contractor to
Subcontractors and to its other agents,work providers, service providers, and trucking service providers.
If requested in writing by a first-tier Subcontractor, the Contractor shall send to the Subcontractor, within
10 Calendar Days of receiving the request, a copy of that portion of any invoice or request for payment
submitted to the Agency, or pay document provided by the Agency to the Contractor, specifically related to
any labor, Equipment, or Materials supplied by the first-tier Subcontractor.
00180.30 Materials, Equipment, and Work Force -The Contractor shall furnish suitable and sufficient
Materials, Equipment, and personnel to properly prosecute and complete the Work. The Contractor shall
use only Equipment of adequate size and condition to meet the requirements of the Work and
Specifications, and to produce a satisfactory quality of Work. Upon receipt of the Engineer's written order,
the Contractor shall immediately remove, and not use again on the Project without the Engineer's prior
written approval, Equipment that, in the Engineer's opinion, fails to meet Specifications or produce a
satisfactory product or result.
The work force shall be trained and experienced for the Work to be performed. Upon receipt of the
Engineer's written order, the Contractor shall immediately remove from the Project Site, and shall not
employ again on the Project without the Engineer's prior written approval, any supervisor or employee of
the Contractor or any subcontractor who, in the Engineer's opinion, does not perform satisfactory Work or
whose conduct interferes with the progress of the Work.
If the Contractor fails to remove Equipment or persons as ordered, or fails to furnish suitable and sufficient
Materials, Equipment and personnel for the proper prosecution of the Work, the Engineer may suspend the
Work by written notice until such orders are complied with and such deficiencies are corrected, or the
Engineer may terminate the Contract under the provisions of 00180.90(a).
00180.31 Required Materials, Equipment, and Methods - The Engineer's decisions under this Section
are final.
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(a) General- When the Equipment and methods to be used are not specified in the Contract, any
Equipment or methods that accomplish the Work as required by the Contract will be permitted.
When the Contract specifies certain Equipment or methods, the Contractor shall use the Equipment or
methods specified unless otherwise authorized by the Engineer in writing.
(b) Substitution of Materials and Equipment to be Incorporated into the Work- After execution
of the Contract, the Engineer may approve substitution of Materials and Equipment to be incorporated
into the Work as follows:
(1) Reasons for Substitution - The Engineer will consider substitution only i£
• In the judgement of the Engineer, the proposed Materials or Equipment are equal to or superior to
the specified items in construction, efficiency and utility; or
• Due to reasons beyond the control of the Contractor, the specified Materials or Equipment cannot
be delivered to the Project in sufficient time to complete the Work in proper sequence.
(2) Submittal of Request- The Contractor shall submit requests for substitution to the Engineer,
including manufacturers' brochures and other information needed to verify equality of the proposed
item(s).
(c) Substitution of Equipment Specified to Perform Work- The Agency encourages development of
new or improved Equipment and innovative use of Equipment. When the Specifications require
Equipment of a particular size or type to be used to perform certain portions of the Work, the Contractor
may submit a request to the Engineer to use Equipment of a different size or type. The request will not
be considered as a cost reduction proposal under 00140.70. The request shall:
• Be in writing and include a full description of the Equipment proposed and its intended use;
• Include the reasons for requesting the substitution; and
• Include evidence, obtained at the Contractor's expense and satisfactory to the Engineer, that the
proposed Equipment is capable of functioning as well as or better than the specified Equipment.
The Engineer will consider the Contractors request and will provide a written response to the Contractor,
either permitting or denying use of the proposed Equipment.
Permission may be granted on a trial basis to test the quality of Work actually produced, subject to the
following:
• There will be no cost to the Agency, either in Contract Amount or in Contract Time;
• The permission may be withdrawn by the Engineer at any time if, in the Engineer's opinion, the
Equipment is not performing in all respects equivalent to the Equipment specified in the Contract;
• If permission is withdrawn, the Contractor shall perform the remaining Work with the originally-
specified Equipment; and
• The Contractor shall remove and replace nonspecification Work resulting from the use of the
Contractors proposed Equipment, or otherwise correct it as the Engineer directs, at no additional
compensation.
(d) Substitution of Methods -The Agency encourages development of new, improved, and innovative
construction methods. When the Plans or Specifications require a certain construction method for a
portion of the Work, the Contractor may submit a request for a change by following the provisions of
00140.70, "Cost Reduction Proposals".
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00180.40 Limitation of Operations:
(a) In General- The Contractor shall comply with all Contract provisions and shall:
• Conduct the Work at all times so as to cause the least interference with traffic, and
• Not begin Work that may allow damage to Work already started.
(b) On-Site Work-The Contractor shall not begin On-Site Work until the Contractor has:
• Received Notice to Proceed;
• Filed with the Construction Contractors Board the public works bond as required in 00170.20;
• An approved Project Work schedule;
• An approved Traffic Control Plan;
• An approved Spill Prevention Control and Countermeasure Plan, if required;
• An approved Pollution Control Plan;
• An approved Erosion and Sediment Control Plan;
• Met with the Engineer at the required preconstruction conference; and
• Assembled all Materials, Equipment, and labor on the Project Site, or has reasonably assured that
they will arrive on the Project Site, so the Work can proceed according to the Project Work schedule.
00180.41 Project Work Schedules -The Contractor shall submit a Project Work schedule meeting the
requirements of this Subsection to the Engineer. The Project Work schedule is intended to identify the
sequencing of activities and time required for prosecution of the Work. The schedule is used to plan,
coordinate, and control the progress of construction. Therefore, the Project Work schedule shall provide
for orderly, timely, and efficient prosecution of the Work, and shall contain sufficient detail to enable both
the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective
Contract responsibilities. Sufficient detail shall also include all required double shifts, overtime work, or
combination of both necessary- to complete Contract Work within the Contract Time.
The Contractor shall submit a schedule or plan for each activity that is behind schedule showing, in
sufficient detail, the proposed corrective action to complete Contract Work within the Contract Time.
Sufficient detail shall include all required double shifts, overtime work, or combination of both.
Contractor's activity related to developing, furnishing, monitoring, and updating these required schedules is
Incidental.
The Contractor shall submit a supplemental "look ahead" Project Work schedule to the Engineer prior to or
at each Project progress meeting. The "look ahead" Project Work schedule is supplemental to the Type A,
B, or C schedule specified below. The supplemental "look ahead" Project Work schedule shall:
• Identify the sequencing of activities and time required for prosecution of the Work.
• Provide for orderly, timely, and efficient prosecution of the Work.
• Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze,
document, and control their respective Contract responsibilities.
The supplemental "look ahead" Project Work schedule shall be written in common terminology and show
the planned Work activities broken down into logical, separate activities by area, stage, and size and include
the following information:
• The resources the Contractor, subcontractors, or services will use.
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• The locations of each activity that will be done including the limits of the work by mile posts, stations,
or other indicators.
• The time frames of each activity by Calendar Days, shifts, and hours.
• All anticipated shoulder, lane, and road closures.
At a minimum, the Contractor shall prepare a bar chart that:
• Shows at least 3 weeks of activity including the week the bar chart is issued.
• Uses a largest time scale unit of 1 Calendar Day. Smaller time scale units may be used if needed.
• Is appropriate to the activities.
• Identifies each Calendar Day by month and day.
Include the Contract name, Contract number, Contractors 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:
• Expected beginning and completion dates of each activity, including all staging; and
• Elements of the Traffic Control Plan as required under 00225.05.
The schedule shall show detailed Work activities as follows:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Materials samples and shop drawings;
• Fabrication, installation, and testing of special Materials and Equipment; and
• Duration of Work, including completion times of all stages and their sub phases.
For each activity, the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate, in common units of measure;
• The activity duration in Calendar Days; and
• Scheduled start, completion, and time frame shown graphically using a time-scaled bar chart.
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The schedule shall show the Work broken down into logical, separate activities by area, stage, or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common
units of measure, or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in Calendar Days.
• The smallest unit shown shall be 1 Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
Each page of the bar chart shall include a title block showing the Contract name and number,
Contractor's name, date of original schedule, and all update dates; and a legend containing the symbols
used, their definitions, and the time scale, shown graphically. To ensure readability the bar chart shall
be drawn on a reasonable size of paper up to a maximum of 36 inch by 36 inch, using multiple sheets
when needed.
Within 7 Calendar Days after the preconstruction conference, the Engineer and the Contractor shall
meet to review the Project Work schedule as submitted. The Engineer will review the schedule for
compliance with all Contract Time limitations and other restraints. Review of this and subsequent
schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient
execution of the Contract. Within 10 Calendar Days of this meeting, the Contractor shall resubmit to
the Engineer four copies of the Project Work schedule, including required revisions.
(2) Review by the Engineer- The Project Work schedule may need revision as the Work progresses.
Therefore, the Contractor shall periodically review, the Project Work schedule and progress of the
Work with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule
no longer represents the Contractor's own plans or expected time for the Work, a meeting shall be held
between the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall
review Project events and any changes for their effect on the Project Work schedule.
The Contractor shall compile an updated Project Work schedule incorporating any changes to the
Project completion time(s). The bar chart shall reflect the updated information. The Contractor shall
submit four copies of the updated Project Work schedule to the Engineer within 7 Calendar Days after
the meeting. The report shall include without limitation the following:
• Sufficient narrative to describe the past progress, anticipated activities, and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule; and
• Proposed corrective actions.
(b) Type "B" Schedule - When a Type "B Schedule is required, the Contractor shall do the following:
(1) Initial Schedule - Calendar Days prior to the preconstruction conference, the Contractor shall
provide to the Engineer four copies of a time-scaled bar chart Project Work schedule showing:
• Expected beginning and completion date of each activity, including all staging; and
• Elements of the Traffic Control Plan as required under 00225.05.
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The initial schedule shall show all Work intended for the first 60 Days of the Contract to the level of
detail described in (2) below, and shall show the priority and interdependence (sequencing and network
logic) of all major segments of the remainder of the Work.
(2) Detailed Schedule - In addition to the above requirements, and within 30 Calendar Days after the
Notice to Proceed, the Contractor shall provide the Engineer one digital copy and four paper
copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of the
Work. The digital copy shall be compatible with MS Project 2003, Primavera P3, SureTrak Project
Manager 3.0, or another scheduling program approved by the Engineer.
Detailed work schedule activities shall include the following:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Material samples and shop drawings;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special Material and Equipment; and
• Duration of Work,including completion times of all stages and their sub phases.
For each activity, the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate, in common units of measure;
• The activity duration in normal workdays; and
• Scheduled start, completion, and time frame shown graphically using a time-scaled bar chart.
The schedule shall show the Work broken down into logical, separate activities by area, stage, or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common
units of measure, or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of normal workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in normal workdays (every day except Saturday, Sunday, and legal holidays).
• The smallest unit shown shall be 1 Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
The bar chart drawing(s) shall include a title block showing the Contract name and number,
Contractor's name, date of original schedule, and all update dates; and a legend containing the symbols
used, their definitions, and the time scale, shown graphically. To ensure readability the bar chart shall
be drawn on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiple sheets
when needed.
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.
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The accepted Project schedule shall represent all Work, as well as the planned sequence and time for
the Work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of
responsibility for timely and efficient execution of the Contract.
(3) Review and Reporting -The Project Work schedule may require revision as the Work progresses.
Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as
follows:
a. Review with the Engineer-The Contractor shall perform ongoing review of the Project Work
schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines
that the Project Work schedule no longer represents the Contractor's own plans or expected time for
the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the
Contractor and the Engineer shall review Project events and any changes for their effect on the
Project Work schedule. After any necessary action has been agreed upon, the Contractor shall make
required changes to the Project Work schedule.
The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report period, including shop drawings, Material procurement, and Contract
Change Orders that have been issued. Information shall include commencement and completion
dates on activities started or completed, or if still in progress, the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and
Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary
activities and logic connectors to describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as
those restrained by it.
The Contractor shall evaluate this information and compare it with the Contractor's project schedule.
If necessary, the Contractor shall make an updated bar chart schedule to incorporate the effect
changes may have on the Project completion time(s). For any activity that has started, the Contractor
shall add a symbol to show the actual date the activity started and the number of normal workdays
remaining until completion. For activities that are finished, a symbol shall be added to show the
actual date. The Contractor shall submit one digital and four paper copies of the updated bar chart
to the Engineer within 7 Days after the progress meeting, along with a progress report as required by
"b." below.
b. Progress Report- The Contractor shall submit a progress report to the Engineer each month.
The report shall include the following:
• Sufficient narrative to describe the past progress, anticipated activities, and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule;and
• Proposed corrective actions.
(e) 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:
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• The expected beginning and completion date of each activity, including all stages and phases;
• The time needed for completion of the utility relocation work; and
• The elements of the traffic control plan as required under 00225.05.
A logic diagram and a time-scaled bar chart will be acceptable in lieu of a time-scaled logic diagram.
The initial schedule shall show all Work intended for the first 60 Days of the Contract to the level of
detail described in (2) below, and shall show the priority and interdependence (sequencing and network
logic) of all major segments of the remainder of the Work.
(2) Detailed Project Work Schedule - In addition to the above requirements, and within 30 Calendar
Days after First Notification, the Contractor shall provide the Engineer one digital copy and four paper
copies of a detailed time-scaled critical path 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
(CPI\I) network Project Work schedule shall also contain a listing of the quantity of Work for each
activity,when appropriate,in common units of measure.
Detailed work schedule activities shall include the following:
• Construction activities;
• Any limitations of operation specified in 00180.40;
• The time needed for completion of the utility relocation work;
• Implementation of TCP for each stage and phase;
• Submittal and approval of Material samples, mix designs, and shop drawings;
• Agency timeframes to process and return Contractor submitted plans, working drawings,
equipment lists and other submittals;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special Material and Equipment;
• Duration of Work,including completion times of all stages and their sub-phases; and
• Specified cure times for all concrete elements.
The activities shall be separately identifiable by coding or use of sub-networks or both. The duration of
each activity shall be verifiable and consistent with the description in the Project narrative required in
(3) below.
Detailed sub-networks shall include all necessary activities and logic connectors to describe the Work
and all restrictions on it. In the restraints, include those activities from any Project Work schedule that
initiated the sub-network as well as those restrained by it.
The time scale used on the Contractor's detailed time-scaled critical path method (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
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used, their definitions, and the time scale, shown graphically. To ensure readability the drawings shall
be on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiple sheets when
needed.
The Contractor shall include a tabulation of each activity in the computer mathematical analysis of the
network diagram. The following information represents the minimum required for each activity:
• Event (node) number(s) for each activity;
• Maintain event (node) numbers throughout the Project;
• Activity description;
• Original duration of activities (in normal workdays);
• Estimated remaining duration of activities (in normal workdays);
• Earliest start date and actual start date (by calendar date);
• Earliest finish date and actual finish date (by calendar date);
• Latest start date (by calendar date);
• Latest finish date (by calendar date); and
• Slack or float time (in workdalTs).
Computer print-outs shall consist of at least a node sort and an "early start/total-float" sort.
Within 14 Calendar Days after submission of the detailed time-scaled critical path method (CPM)
network Project Work schedule, the Engineer and the Contractor shall meet to review the detailed
time-scaled critical path method (CPM) network Project Work schedule as submitted. Within
7 Calendar Days of the meeting, the Contractor shall resubmit to the Engineer one digital and four
paper copies of the detailed time-scaled critical path method (CPM) network Project Work schedule,
including required revisions.
This first accepted detailed time-scaled critical path method (CPM) network Project Work schedule,
also called the accepted Project Work schedule, shall represent all Work, as well as the planned
sequence and time for the Work. Review and acceptance of any Project Work schedules and Project
narratives by the Engineer shall not relieve the Contractor of responsibility for timely and efficient
execution of the Contract.
(3) Project Narrative - In addition to the above requirements, and within 30 Calendar Days after First
Notification, the Contractor shall provide to the Engineer a final written Project narrative that discusses
the planning, coordinating, scheduling and resourcing of the Work. The Project narrative shall include
the following written description:
• Plans for staging the project.
• All critical activities.
• All near critical activities defined as those with less than 30 Days of float.
• All subcontractor activities that are critical, near critical, and those that are greater than two weeks
in duration.
• Labor resourcing, by stage and phase, to include the number of crews, average crew size and
planned night/weekend shifts including that of subcontractors.
• Equipment allocation, by stage and phase to include mobilization, demobilization and planned
activities including that of subcontractors.
• Notifications required under the Contract during each stage and phase which may include but is
not limited to road closures, lanes closures, night work, cold plane pavement removal, and pile
driving.
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• Provide discussion on addressing reasonably predictable weather conditions and their impact on all
weather sensitive activities. Also, provide discussion on other weather limitations that may affect
the project schedule.
• Submittal and approval of material samples, mix designs, and shop drawings.
• Procurement of critical materials.
• Plans for dealing with "unique" construction items.
• Coordination of utilities and any immediate concerns for impacts/delays.
• Constructability issues.
• Cost Reduction Proposals and/or immediate requests for changes to the specifications.
• Concerns/issues that need to be addressed within the first 90 Days following First Notification.
The accepted Project narrative shall represent all critical and near critical Work, as well as the planned
sequence and time for the Work.
(4) Review and Reporting-The Project Work schedule may require revision as the Work progresses.
Therefore, the Contractor shall monitor and when necessary revise the Project Work schedule as
follows:
a. Review with the Engineer- The Contractor shall perform ongoing review of the accepted
Project Work schedule and progress of the Work with the Engineer. If the Engineer or the
Contractor determines that the accepted Project Work schedule no longer represents the
Contractors own plans or expected time for the Work, a meeting shall be held between the Engineer
and the Contractor. At this meeting, the Contractor and the Engineer shall review Project events and
any changes for their effect on the 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:
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• 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 Tvpe "B"
schedule.
(e) Specified Contract Time Not Superseded by Schedule Revisions - The completion dates in any
Project Work schedule and any revised or updated Project Work schedules shall be within the Contract
Time(s) specified for the Project, or within adjusted Contract Times approved according to 00180.80(c).
Acceptance of any Project Work schedule or any revised or updated Project Work schedules shall not
constitute approval of any completion dates that exceed such Contract Time(s). If the Contractor
believes that additional Contract Time is due, the Contractor shall submit, with a revised Project Work
schedule, a request for adjustment of Contract Time according to 00180.80(c). A request for an
adjustment of Contract Time will be evaluated using the most recently accepted Project Work schedule.
(f) Float Time - Float time shown on the Project Work schedule, including any time between a
Contractor's scheduled completion date and the specified Contract Time(s), does not exist for the
exclusive use of either party to the Contract and belongs to the Project.
(g) Schedules Do Not Constitute Notice - Submittal of a Project Work schedule, with supporting
Project narrative, does not constitute or substitute for any notice the Contractor is required under the
terms of the Contract to give the Agency.
(h) Failure to Provide Schedule -The Project Work schedule is essential to the Agency. The
Contractor's failure to provide the schedule, schedule information, progress reports, Project narratives, or
schedule updates when required will be cause to suspend the Work, or to withhold Contract payments as
necessary to protect the Agency, until the Contractor provides the required information to the Engineer.
00180.42 Preconstruction Conference - Unless otherwise approved in writing by the Engineer, before any
Work is performed and within 7 Calendar Days of the Notice to Proceed, the Contractor shall meet with the
Engineer for a preconstruction conference at a time mutually agreed upon.
00180.43 Commencement and Performance of Work- From the time of commencement of the Work
to the time of Final Acceptance the Contractor shall:
• Provide adequate Materials, Equipment, labor, and supervision to perform and complete the Work;
• Perform the Work as vigorously and as continuously as conditions permit, and according to a Project
Work schedule that ensures completion within the Contract Time or the adjusted Contract Time;
• Not voluntarily suspend or slow down operations without prior written approval from the Engineer;
and
• Not resume suspended Work without the Engineer's written authorization.
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00180.44 Project Meetings - The Contractor shall participate in conferences and meetings for the
purposes of addressing issues related to the Work, reviewing and coordinating progress of the Work and
other matters of common interest to the Contractor, Engineer and Agency.
(a) Meeting Participants - Representative of entities participating in meetings shall be qualified and
authorized to act on behalf of entity each represents.
(b) Meet in Agency's meeting room facility, or in a location otherwise agreed to by Agency and
Contractor.
(e) Engineer will distribute to each anticipated participant written notice and agenda of each meeting at
least 4 days before meeting.
(d) Require attendance of Contractor's superintendent and project manager, and Subcontractors who are
or are proximate to be actively involved in the Work, or who are necessary to agenda.
(e) Engineer will invite agencies, utility companies or others when the Work affects their interests, and
others necessary to agenda.
(f) Engineer will record minutes of meeting and distribute copies of minutes within 7 days of meeting to
participants and interested parties.
(g) Progress Meetings
(1) Purpose of Progress Meetings: To expedite Work of Subcontractors or other organizations that are
not meeting scheduled progress, resolve conflicts, and coordinate and expedite execution of the
Work.
(2) Attend regularly scheduled bi-weekly progress meetings conducted by Engineer.
(3) Review progress of the Work, Progress Scheduled, 3-week look-ahead schedule, narrative report,
Application for Payment, record documents, and additional items of current interest that are
pertinent to execution of the Work.
(4) Verify:
• Actual start and finish dates of completed activities since last progress meeting.
• Durations and progress of activities not completed.
• Reason, time, and cost data for Change Order Work that will be incorporated into Progress
Schedule and Application for Payment.
• Percentage completion of items on Application for Payment
• Reasons for required revisions to Progress Schedule and their effect on Contract Time and
Contract Amount.
(5) Review status of Requests for Clarification/Information and Submittals review.
(6) Discuss Project safety and security.
(7) Discuss traffic control.
(8) Discuss potential problems which may impede scheduled progress and corrective measures.
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(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 one week prior to beginning survey work. The purpose
of the meeting is to discuss methods and practices of accomplishing the surrey work.
(k) Other Meetings
(1) The Contractor shall prepare for and attend other meetings as identified elsewhere in the
Contract Documents.
00180.50 Contract Time to Complete Work:
(a) General- The time allowed to complete the Work or Pay Item is stipulated in the Special Provisions,
and will be known as the "Contract Time". (see 00110.20)
(b) Kinds of Contract Time -The Contract Time will be expressed in one or more of the following
ways:
(1) Fixed Date Calculation-The calendar date on which the Work or Pay Item shall be completed; or
(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
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the Work when, in Engineer's judgment, the findings of facts and extent of delay justify such an
extension. Contractor shall not be entitled to any additional compensation of any kind arising out of or
relating to abnormal weather conditions.
On Contracts with Calendar Day or Work Day counts, the Engineer will furnish the Contractor a weekly
statement of Contract Time charges. The statement will show the number of Calendar Days counted for
the preceding week and the number of Calendar Days remaining prior to the established completion date.
For Contracts with fixed completion dates or fixed milestone completion dates for Pay Items, the
Engineer will furnish the Contractor a weekly statement of Contract Time charges only after expiration of
the Contract Time. The statement will show the number of Calendar Days of liquidated damages that
have been assessed,if any.
These statements will include any exclusions from, or adjustments to, Contract Time.
(e) Exclusions from Contract Time - Regardless of the way Contract Time is expressed in the
Contract, certain Calendar Days will not be charged against Contract Time. These exclusions will be
allowed when the Contractor is prevented from performing Work due to one of the following reasons,
resulting in delay:
• Acts of God or Nature;
• Court orders enjoining prosecution of the Work;
• Strikes, labor disputes or freight embargoes that, despite the Contractor's reasonable efforts to atloid
them, cause a shutdown of the entire Project or one or more major operations. "Strike" and "labor
dispute" may include union action against the Contractor, a Subcontractor, a Materials supplier, or
the Agency; or
• Suspension of the Work by written order of the Engineer for reasons other than the Contractor's
failure or neglect.
(f) Time Calculation Protest- In the event the Contractor disputes the accuracy of the statement of
Contract Time charges, it shall immediately contact the Engineer and attempt to resolve the dispute. If
the dispute cannot be resolved informally, the Contractor shall submit a formal written protest to the
Engineer within 7 Calendar Days of the date the Engineer mailed or delivered the statement Failure to
submit a formal written protest within the 7 Calendar Day period constitutes the Contractor's approval of
the time charges, or adjusted time charges, itemized in the statement.
(g) End of Contract Time - When the Engineer determines that the On-Site Work has been completed,
except for the items listed below, the Engineer will issue a Second Notification.
The Second Notification will list:
• The date the time charges stopped;
• Final trimming and cleanup tasks (see 00140.90);
• Equipment to be removed from the Project Site;
• Minor corrective work not involving additional payment to be completed;and
• Submittals, including without limitation all required certifications, bills, forms, warranties, certificate
of insurance coverage (00170.70(b)), and other documents, required to be provided to the Engineer
before"Third Notification will issue.
The Contractor shall complete all tasks listed in the Second Notification in an expeditious manner within
the time frame specified for Final Completion.
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00180.60 Notice of Delay -The Contractor shall notifti, the Engineer of any delay that will likely prevent
completion of the Work or a Pay Item by the date specified in the Project Work schedule. The notice shall
be in writing and shall be submitted within 7 Calendar Days of when the Contractor knew or should have
known of the delay. The notice shall include, to the extent available, the following:
• The reasons or causes for the delay;
• The estimated duration of the delay and the estimated resulting cumulative delay in Contract
completion;
• Except for 00180.50(e) and 00180.65 delays, whether or not the Contractor expects to request an
adjustment of Contract Time due to the delay;
• Whether or not the Contractor expects to accelerate due to the delay; and
• Whether or not the Contractor expects to request additional compensation due to the delay. Except
for 00180.50(e) and 00180.65 delays, failure to include this information will constitute waiver of the
Contractor's right to later make such a request.
00180.65 Right-of-Way and Access Delays - Right-of-Way and access delays will be taken into
consideration in adjusting Contract Time, and in approving additional compensation if the performance of
the Work is delayed because of the Agency's failure to make available to the Contractor:
• Necessary Rights-of-Way;
• Agency-owned or Agency-controlled Materials sources that are offered in the Contract for the
Contractor's use; or
• Access to, or rights of occupancy of, buildings and other properties the Contractor is required to enter
or to disturb according to Contract requirements.
If the duration and time period of an anticipated delay is stated in the Special Provisions, only the delay
occurring beyond that duration and time period will be considered for adjusting Contract Time or providing
additional compensation.
00180.70 Suspension of Work:
(a) General-The Engineer has authority to suspend the Work, or part of the Work, for any of the
following causes:
• Failure of the Contractor to correct unsafe conditions;
• Failure of the Contractor to carry out any provision of the Contract;
• Failure of the Contractor to carry out orders issued by the Engineer, the Agency, or any regulatory
authority;
• Existence of conditions unsuitable to proper or safe performance of the Work; or
• Any reason considered by the Agency to be in the public interest.
When Work has been suspended for any reason, the Contractor shall not resume Work without the
Engineer's written authorization.
(b) Contractor's Responsibilities during and after Suspension - During periods of suspension of the
Work, the Contractor shall continue to be responsible for protecting and repairing the Work according to
00170.80, and for ensuring that a single designated representative responsible for the Project remains
available according to 00150.40(b).
When Work is resumed after suspension, unless otherwise specified in the Contract, the Contractor shall
perform the following at no additional compensation:
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• Replace or repair any Work, Materials, and Equipment to be incorporated into the Work that was
lost or damaged because of the temporary use of the Project Site by the public; and
• Remove Materials, Equipment, and temporary construction necessitated by temporary maintenance
during the suspension, as directed by the Engineer.
(c) Compensation and Allowances for Suspension - Compensation and allowance of additional
Contract Time due to suspension of any portion of the Work will be authorized only for Agency-initiated
suspensions for reasons other than the Contractor's failure or neglect. (refer to 00180.50(e), 00180.65, and
00195.40)
00180.80 Adjustment of Contract Time:
(a) General- Contract Time established for the Work will be subject to adjustment, either by increase or
decrease, for causes beyond the control of the Contractor, according to the terms of this Subsection.
After adjustment, the Contract Time will become, and be designated as, the "Adjusted Contract Time".
Except as provided in 00180.65 and 00195.40, an adjustment of Contract Time shall be the Contractor's
only remedy for any delay arising from causes beyond the control of the Contractor.
(b) Contractor's Request Not Required - The Engineer may increase or decrease the Contract Time
or the Adjusted Contract Time if Change Orders or Extra Work orders issued actually increase or
decrease the amount of time required to perform the Work. The Engineer may also increase Contract
Time in the event of Right-of-Way and Access delays (see 00180.65), and those delays due to causes
beyond the Contractor's control specified in 00180.50(e). The Engineer will promptly inform the
Contractor of adjustments made to Contract Time according to this Subsection, and will include the
reasons for adjustment.
If the Agency anticipates delay during performance of the Contract, and specifies its expected duration
and time period in the Special Provisions, the Engineer will only consider additional delay beyond the
stipulated duration and time period in determining whether to adjust Contract Time.
(c) Contractor's Request Required- In the event the Contractor believes that additional Contract
Time is due, the Contractor shall submit to the Engineer a timely request for adjustment of Contract
Time. The Engineer will not consider untimely requests. The Agency regards as timely only those
requests for adjustment of Contract Time that:
• Accompany a proposed revised Project Work schedule submitted according to 00180.41, for
comparison with the last revision of the Project Work schedule; or
• Are not otherwise deemed waived and are submitted within 15 Days after the date of Second
Notification,if Second Notification has been issued.
The Engineer will not grant an adjustment of Contract Time for events that occurred prior to the date of
the last revision of the Project Work schedule. The Engineer will not authorize, nor the Agency pay,
acceleration costs incurred by the Contractor prior to its submittal of a request for adjustment of Contract
Time to which the acceleration costs relate.
The Contractor's request for adjustment of Contract Time shall be submitted to the Engineer on a form
provided by, or in a format acceptable to, the Engineer, and shall include a copy of the written notice
required under 00180.60. The request shall include without limitation:
• Consent of the Contractor's Surety if the request totals more than 30 Calendar Days of additional
Contract Time;
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• Sufficient detail for the Engineer to evaluate the asserted justification for the amount of additional
Contract Time requested;
• The cause of each delay for which additional Contract Time is requested, together with supporting
analysis and data;
• Reference to the Contract provision allowing Contract Time adjustment for each cause of delay;
• The actual or expected duration of delay resulting from each cause of delay, expressed in Calendar
Days; and
• A schedule analysis based on the current approved Project Work schedule for each cause of delay,
indicating which activities are involved and their impact on Contract completion.
(c) Basis for Adjustment of Contract Time - In the adjustment of Contract Time, the Engineer will
consider causes that include,but are not limited to:
• Failure of the Agency to submit the Contract and bond forms to the Contractor for execution within
the time stated in 00130.50, or to submit the Notice to Proceed within the time stated in 00130.90;
• Errors, changes, or omissions in the Supplemental Drawings, quantities, or Specifications;
• Performance of Extra Work;
• Failure of the Agency or Entities acting for the Agency to act promptly in carrying out Contract
duties and obligations;
• Acts or omissions of the Agency or Entities acting for the Agency that result in unreasonable delay
referenced in 00195.40;
• Causes cited in 00180.50(e); and
• Right-of-way and access delays referenced in 00180.65.
The Engineer will not consider requests for adjustment of Contract Time based on any of the following:
• Contentions that insufficient Contract Time was originally specified in the Contract;
• Delays that do not affect the specified or Adjusted Contract Time;
• Delays that affect the Contractor's planned early completion, but that do not affect the specified or
adjusted Contract Time;
• Shortage or inadequacy of Materials, Equipment or labor;
• Work stoppage required by the Engineer to determine the extent of Work defects
• Time for the Contractor to correct the Work defects from date of notification of the defects until
the correction work is completed and has been approved by the Engineer.
• Late delivery of Materials and Equipment to be incorporated into the Work, except under those
conditions referenced in 00180.50(e);
• Different area of Material source in 00160.40(a);
• Substitution of Equipment in 00180.31(c);
• Reasonably predictable weather conditions; or
• Other matters within the Contractor's control or Contract responsibility.
(e) Consideration and Response by Agency -The Engineer will only consider a Contractor's request
for Contract Time adjustment submitted according to the requirements of 00180.80(c). The Engineer
may elect not to consider claimed delays that do not affect the specified or adjusted Contract Time
required to complete the Work.
The Engineer may adjust Contract Time for causes not specifically identified by the Contractor in its
request.
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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
Engineers findings, the Contractor may request review according to the procedure specified in 00199.40.
00180.85 Failure to Complete on Time; Liquidated Damages:
(a) Time is of the Essence -Time is of the essence in the Contractor's performance of the Contract.
Delays in the Contractor's performance of the Work may inconvenience the traveling public, interfere
with business and commerce, and increase cost to the Agency. It is essential and in the public interest
that the Contractor prosecute the Work vigorously to Contract completion.
The Agency does not waive any rights under the Contract by permitting the Contractor to continue to
perform the Contract, or any part of it, after the Contract Time or adjusted Contract Time has expired.
(b) Liquidated Damages -The Agency will sustain damage if the Work is not completed within the
specified Contract Time. However, in certain Agency projects it may be unduly burdensome and difficult
to demonstrate the exact dollar value of such damages. The Agency will identify such projects in the
Special Provisions related to them. In these projects, the Contractor agrees to pay to the Agency, not as a
penalty but as liquidated damages, the amount specified in the Special Provisions for each Calendar Day
the Contractor expends performing the Contract in excess of the Contract Time or adjusted Contract
Time.
Payment by the Contractor of liquidated damages does not release the Contractor from its obligation to
fully and timely perform the Contract according to its terms. Nor does acceptance of liquidated damages
by the Agency constitute a waiver of the Agency's right to collect any additional damages it may sustain by
reason of the Contractor's failure to fully perform the Contract according to its terms. The liquidated
damages shall constitute payment in full only of damages incurred by the Agency due to the Contractor's
failure to complete the Work on time.
If the Contract is terminated according to 00180.90(a), and if the Work has not been completed by other
means on or before the expiration of Contract Time or adjusted Contract Time, liquidated damages will
be assessed against the Contractor for the duration of time reasonably required to complete the Work.
00180.90 Termination of Contract and Substituted Performance:
(a) Termination for Default - Termination of the Contract for default may result if the Contractor:
• Fails to comply with the requirements for records;
• Violates any material provision of the Contract;
• Disregards applicable laws and regulations or the Engineer's instructions;
• Refuses or fails to supply enough Materials, Equipment or skilled workers for prosecution of the
Work in compliance with the Contract;
• Fails to make prompt payment to Subcontractors;
• Makes an unauthorized general assignment for the benefit of the Contractors creditors;
• Has a receiver appointed because of the Contractor's insolvency;
• Is adjudged bankrupt and the court consents to the Contract termination; or
• Otherwise fails or refuses to faithfully perform the Contract according to its terms and conditions.
If the Contract is terminated by the Agency, upon demand the Contractor and the Contractor's Surety
shall provide the Engineer with immediate and peaceful possession of the Project Site, and of all Materials
and Equipment to be incorporated into the Work, whether located on and off the Project Site, for which
the Contractor received progress payments under 00195.50.
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If the Contract is terminated for default, neither the Contractor nor its Surety, shall be:
• Relieved of liability for damages or losses suffered by the Agency because of the Contractor's breach
of Contract; or
• Entitled to receive any further progress payments until the Work is completed. However, progress
payments for completed Work that remain due and owing at the time of Contract termination may be
made according to the terms of 00195.70, except that the Engineer will be entitled to withhold
sufficient funds to cover costs incurred by the Agency as a result of the termination. Final payment
to the Contractor will be made according to the provisions of Section 00195.
If a termination under this provision is determined by a court of competent jurisdiction to be unjustified,
the termination shall be deemed a termination for public convenience.
(b) Substituted Performance -According to the Agency's procedures, and upon the Engineer's
recommendation that sufficient cause exists, the Agency, without prejudice to any of its other rights or
remedies and aftergiving the Contractor and the Contractor's Surety 10 Calendar Days' written notice,
may:
• Terminate the Contract;
• Substitute the Contractor with another Entity to complete the Contract;
• Take possession of the Project Site;
• Take possession of Materials on the Project Site;
• Take possession of Materials not on the Project Site, for which the Contractor received progress
payments under 00195.50;
• Take possession of Equipment on the Project Site that is to be incorporated into the Work;
• Take possession of Equipment not on the Project Site that is to be incorporated into the Work, and
for which the Contractor received progress payments under 00195.70; and
• Finish the Work by whatever method the Agency deems expedient.
If, within the 10 Calendar Day notice period provided above, the Contractor and/or its Surety corrects
the basis for declaration of default to the satisfaction of the Engineer, or if the Contractor's Surety
submits a proposal for correction that is acceptable to the Engineer, the Contract will not be terminated.
(c) Termination for Public Convenience -The Engineer may terminate the Contract for convenience
in whole or in part whenever the Engineer determines that termination of the Contract is in the best
interest of the public and for, but not limited to, the following reasons:
• If work under the Contract is suspended by an order of a public agency for any reason considered to
be in the public interest other than by a labor dispute or by reason of any third party judicial
proceeding relating to the Work other than a suit or action filed in regard to a labor dispute; or
• If the circumstances or conditions are such that it is impracticable within a reasonable time to
proceed with a substantial portion of the Contract; or;
• If Agency funding from federal, state, local, or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services. This Contract may be
modified to accommodate a reduction in funds; or
• If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that
the services are no longer allowable or appropriate for purchase under this Contract,
The Engineer will provide the Contractor and the Contractor's Surety 7 Calendar Days' written notice of
termination for public convenience. After such notice, the Contractor and the Contractor's Surety shall
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provide the Engineer with immediate and peaceful possession of the Project Site, and of Materials and
Equipment to be incorporated into the Work, whether located on and off the Project Site, for which the
Contractor received progress payments under 00195.50.
Termination under any provision of this paragraph shall not affect any right, obligation, or liability of
Contractor or Agency,which accrued prior to such termination.
If the Contract is terminated for public convenience, neither the Contractor nor its Surety shall be
relieved of liability for damages or losses suffered by the Agency as a result of defective, unacceptable or
unauthorized Work completed or performed.
Compensation for Work terminated by the Engineer under this provision will be determined according to
the provisions of 00195.70(b).
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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 suppliers shipping invoice with net scale weights, or volumes converted to weights, may be used for
Pay Item quantity determination in place of weights determined on the Contractor-provided vehicle
scales.
Shipping invoice weights of the supplier's truck or transport shall be subject to periodic check weighing
on the Contractors 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).
(0 Time Basis - Time will be hour, Day, or year, unless otherwise specified in the Contract, and will be
measured to at least the nearest 0.5 hour, nearest 1.0 Day, or nearest 1.0 year, as applicable, unless
otherwise specified in the Contract.
(g) Standard Manufactured Items - If standard manufactured items, such as fence, wire, plates, rolled
shapes, pipe, conduit and other similar items are specified in the Contract by properties such as gauge,
unit weight, or section dimensions, the 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.
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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 00195.13,
00195.13(a), 00195.13(b), 00195.13(c), and 00195.13(d) contain the price escalation/de-escalation clause
relating to asphalt cement materials (as defined in 00195.13(d)).
(a) Monthly Asphalt Cement Material Price (MACMP) -The Monthly Asphalt Cement Material
Price (MACMP) will be established by the Agency each month and will be based on the published prices
of PG 64 22 asphalt cement furnished by Poten & Partners, Inc. The MACMP will be based on the
average prices for the Pacific Northwest, Portland Oregon area. Each MACMP for a given month will be
the average of the published prices for that MACMP for each Friday in that month. For information
regarding the calculation of the MACMP, and for the actual MACMP,go to the ODOT website at:
http://w«-w.oregon.goer/ODOT/HWY/ESTIMATING/asphalt fuel.shtm
If the ODOT selected index ceases to be available for any reason, the Agency in its discretion will select
and begin using a substitute price source or index to establish the MACMP each month. The MACMP
will apply to all asphalt cement including but not limited to paving grade, polymer modified, and
emulsified asphalts, and recycling agents. The Agency does not guarantee that asphalt cement will be
available at the MACMP.
(b) Base Asphalt Cement Material Price (Base) - The Base price for this Project is the MACMP
published on the ODOT website for the month immediately preceding the bid opening date.
(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 00195.13(c) above will use the MACMP for the month the asphalt is incorporated into the Project.
The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for
suspension of the Work under 00180.70 and its rights for termination of the Contract under 00180.90,
and this escalation/de-escalation provision shall not limit those rights.
00195.20 Changes to Plans or Character of Work:
(a) Insignificant Changed Work- If the changes made under 00140.30 do not significantly change the
character, quantity or unit cost of the Work to be performed under the Contract, the Agency will pay for
such work at the Pay Item price.
(b) Significant Changed Work- If the changes made under 00140.30 significantly alter the character,
unit cost, or lump sum cost of the Work, the Agency will adjust the Contract. The Contractor shall not
be entitled to compensation for any loss in profits resulting from elimination of, reduction of, or other
change to, a part of the Work.
Any such adjustments may be less than, but will not be more than the amount justified by the Engineer
on the basis of the established procedures set out in Section 00197 for determining rates for Extra Work,
but those procedures shall account for the decrease or elimination of Work as well as for increases in the
Work. This does not limit the application of Section 00199.
The term "Significant Changed Work" shall apply only to that circumstance in which the character of the
Work, as changed, differs materially in kind, nature, or unit cost from that involved or included in the
originally proposed construction.
For purposes of this Section, "Significant" is defined as:
a) An increase or decrease of more than 25 percent of the total cost of the Work calculated from the
original proposal quantities and the unit contract prices; or,
b) An increase or decrease of more than 25 percent in the quantity of any one major contract item.
For condition b) above, a major item is defined as any item that amounts to 10 percent or more of the
original total contract price.
00195.30 Differing Site Conditions - Upon written notification, as required in 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 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
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request for any additional compensation, Contract Time, or both, according to the applicable provisions in
00180.60 through 00180.80 and Section 00199.
The Engineer will promptly evaluate a properly submitted request for additional compensation. If the
Engineer determines that the delay was unreasonable, and that the cost required for the Contractor to
perform the Contract has increased as a result of the unreasonable suspension, delay or interruption, the
Engineer will make an equitable adjustment, excluding profit, and modify the Contract in writing
accordingly. The Engineer will notify the Contractor of the determination and whether an adjustment to
the Contract is warranted.
Under this provision, no Contract adjustment will be allowed
• Unless the Contractor has provided the written notice required by 00180.60;
• For costs incurred more than 10 Calendar Days before the Engineer receives the Contractor's properly
submitted written request;
• For any portion of a delay that the Engineer deems to be a reasonable delay, or for which an
adjustment is provided for or excluded under other terms of the Contract; or
• To the extent that performance would nevertheless have been suspended, delayed or interrupted by
causes other than those described in this Subsection.
00195.50 Progress Payments and Retained Amounts:
(a) Progress Payments -The Agency's payment of progress payments, or determination of satisfactory
completion of Pay Items or Work or release of retainage under 00195.50(d), shall not be construed as
Final Acceptance or approval of any part of the Work, and shall not relieve the Contractor of
responsibility for defective Materials or workmanship or for latent defects and warranty obligations.
The estimates upon which progress payments are based are not represented to be accurate estimates. All
estimated quantities are subject to correction in the final estimate. If the Contractor uses these estimates
as a basis for making payments to Subcontractors, the Contractor assumes all risk and bears any losses
that result.
Progress payments shall be determined through the use of forms developed by the Engineer.
(1) Progress Estimates -At the same time each month, the Engineer will make an estimate of the
amount and value of Pay Item Work completed. The amount of Work completed will be the sum of
the estimated number of units completed for unit price Pay Items plus the estimated percentage
completed of lump sum Pay Items.
The estimated value of the Work completed will be determined by using the Contract unit price for unit
price Pay Items, and by using one of the following methods to determine the value of the lump sum
Pay Items:
• A Contractor-submitted, Engineer-approved Schedule of Values; or
• Engineer's determination,when there is no approved, Contractor-submitted Schedule of Values.
The amounts to be allowed for lump sum Pay Items in progress payments will not exceed the
reasonable value of the Work performed, as determined by the Engineer.
Incidentals such as formwork, falsework, shoring, and cribbing shall be included in the unit prices for
the various Pay Items requiring their use, unless specified as a separate Pay Item. No payment will be
made for Pay Items that include Incidentals until units or portions of such Pay Item Work are in place
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and completed. The costs of Incidentals will be paid in proportion to the percentage of Pay Item Work
completed.
(2) Value of Materials on Hand- If payment for Materials on Hand is allowed in the Special
Provisions, the Engineer will also make an estimate of the amount and value of acceptable
Materials on Hand, i.e., already delivered and stored according to 00195.60(a), to be
incorporated into the Work.
(3) Value of Work Accomplished-The sum of the values in (1) and (2) above will be collectively
referred to in this Subsection as the "value of Work accomplished", subject to (4) below.
(4) Limitations on Value of Work Accomplished - In determining the "value of Work
accomplished", the Engineer's estimate will be based on the unit prices for the various Pay Items. Any
amounts not included in progress payments due to substantial mathematical unbalancing of Pay Item
prices will be included in the final payment issued according to 00195.90(b).
(5) Reductions to Progress Payments - With each progress payment, the Contractor will receive a
Contract payment voucher and summary setting forth the value of Work accomplished reduced by the
following:
• Amounts previously paid;
• Amounts deductible or owed to the Agency for any cause specified in the Contract;
• Additional amounts retained to protect the Agency's interests according to Subsection (e) below.
(b) Retainage - The amount to be retained from progress payments will be 5% of the value of Work
accomplished, and will be retained in one of the forms specified in Subsection (c) below.
As provided in 00170.65(a) additional retainage of 25% of amounts earned will be withheld and released
according to ORS 279C.845 when the Contractor fails to file the certified statements required in ORS
279C.845, FHWA Form 1273, and 00170.65.
(c) Forms of Retainage - Moneys retained by the Agency under ORS 279C.570(7) shall be retained in a
fund by the Agency and paid to the Contractor in accordance with ORS 279C.570. Upon written request
from the Contractor, other forms of acceptable retainage are specified below in Subsections (1) through
(3). "Cash, Alternate A" is the Agency-preferred form of retainage. If the Agency incurs additional costs
as a result of the Contractor's election to use a form of retainage other than Cash, Alternate A, the Agency
may recover such costs from the Contractor by a reduction of the final payment.
(1) Cash, Alternate A- Retainage will be deducted from progress payments and held by the Agency
until final payment is made according to 00195.90, unless otherwise specified in the Contract.
The Agency will deposit the cash retainage withheld in an interest-bearing account in a bank, trust
company, or savings association for the benefit of the Agency, as provided by ORS 279C.560(5).
Interest earned on the account shall accrue to the Contractor. Amounts retained and interest earned
will be included in the final payment made according to 00195.90.
Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor
according to 00195.50(d).
(2) Cash, Alternate B (Retainage Surety Bond) - Upon receipt of an approved retainage surety
bond, the Agency will limit the amount of cash retainage withheld to $10,000. The surety bond must
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be in the bond form provided by the Agency. The bond must be provided by the same Surety that
provides the Performance and Payment Bonds.
If the Contractor elects this form of retainage, the Agency will withhold from progress payments up to
5% of the value of the Work accomplished as cash retainage until the retained amount equals $10,000.
After that amount is retained, no further cash retainage will be withheld until the additional required
retainage that would have been withheld exceeds the face amount of the retainage surety bond
provided. Thereafter, retainage will be withheld from progress payments according to these
Specifications. According to 00195.50(b), if at any time the Agency determines that satisfactory
progress is not being made on the Work, the Agency may withhold up to 5% of the value of the Work
accomplished from subsequent progress payments.
If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors of the
existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7) and
ORS 701.435.
Amounts of retainage withheld under the provision will be included in the final payment according to
00195.90.
Any retainage withheld on Work performed by a Subcontractor shall be released to the Contractor
according to 00195.50(d).
(3) Bonds, Securities, and Other Instruments - In accordance with ORS 279C.560, unless the
Agency finds in writing that accepting a bond, security or other instrument poses an extraordinary risk
that is not typically associated with the bond, security or other instrument, the Agency will approve the
Contractor's written request to deposit bonds, securities or other instruments with the Agency or in a
custodial account or other account satisfactory to the Agency with an approved bank or trust company,
to be held instead of cash retainage for the benefit of the Agency. In such event, the Agency will
reduce the cash retainage by an amount equal to the value of the bonds, securities and other
instruments. Interest or earnings on the bonds, securities and other instruments shall accrue to the
Contractor.
Bonds, securities and other instruments deposited instead of cash retainage shall be assigned to or made
payable to the Agency and shall be of a kind approved by the Director of the Oregon Department of
Administrative Services, including but not limited to:
• Bills, certificates, notes or bonds of the United States;
• Other obligations of the United States or agencies of the United States;
• Obligations of a corporation wholly owned by the federal government;
• Indebtedness of the Federal National Mortgage Association;
• General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon;
• Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008.
The Contractor shall execute and provide such documentation and instructions respecting the bonds,
securities and other instruments as the Agency may require to protect its interests. When the Engineer
determines that all requirements for the protection of the Agency's interest have been fulfilled, the
bonds and securities deposited instead of cash retainage will be released to the Contractor.
(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:
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• When the Work is 97.5% or more completed, the Engineer may, without application by the
Contractor,reduce the retained amount to 100% of the value of the Work remaining.
• For a project funded by the FHWA, when a subcontractor has satisfactorily completed all of its
Work, it may request release of retainage for that Work from the Contractor. The Contractor shall
request reduction of retainage in the amount withheld for the subcontractor's Work after certifying
to the Agency that the subcontractor's Work is complete, and that all contractual requirements
pertaining to the subcontractor's Work have been satisfied. Within 60 Calendar Days of the end of
the month in which the Agency receives the Contractor's certification regarding the subcontractor's
Work, the Agency will either notify the Contractor of any deficiencies which require completion
before release of retainage, or verify that the subcontractor's Work complies with the Contract and
release all retainage for that Work with the next scheduled progress payment. Within 10 Calendar
Days of receipt of retainage, the Contractor shall pay to the subcontractor all such retainage
released except for latent defects or warranty.
• The Agency will only release retainage for satisfactorily completed portions of the Work
represented by Pay Items in the Schedule of Items, or by Pay Items added by Change Order. Work
not represented by a Pay Item, but which constitutes part of an uncompleted Pay Item, will not be
regarded as satisfactorily completed Work for the purposes of this Subsection.
If retainage has been reduced or eliminated, the Agency reserves the right to protect its interests by
retaining amounts from further progress payments at the rates provided in 00195.50(b).
(e) Withholding Payments - In addition to any other rights the Agency may have to withhold payments
under other provisions of the Contract, the Engineer may withhold such amounts from progress
payments or final payment as may reasonably protect the Agency's interests until the Contractor has:
• 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 2790.570 or 00195.50(d), if a Contractor is required to file
statements on the prevailing rate of wages, but fails to do so, the Agency will retain 25% of any amount
earned as required in 00170.65.
(f} Prompt Payment Policy - Payments shall be made promptly according to ORS 279C.570.
00195,60 Advance Allowance for Materials on Hand:
(a) General- If the total value of Materials on Hand is at least $1,000 or the total value of a single class
of Materials on Hand is at least $500, the Engineer may authorize an advance allowance for the Materials
in the progress payments. The Agency will not make advance allowances on the Materials unless the
following three conditions are satisfied:
(1) Request for Advance Allowance - If Materials on Hand meet the requirement of(2) below, an
advance allowance will be made if:
• A written request for advance allowance for Materials on Hand has been received by the Engineer
at least 5 Calendar Days before the pay period cutoff date; and
The request is accompanied by written consent of the Contractor's Surety, if required by the
Agency.
(2) Stored or Stockpiled Conditions - The Materials shall have been delivered and/or acceptably
stored or stockpiled according to the Specifications and as follows:
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• At the Project Site;
• On Agency-owned property;
• On property in the State of Oregon on which the property owner has authorized storage in
writing. The written authorization must allow the Agency to enter upon the property and remove
Materials for at least 6 months after completion of the Project. The Contractor shall furnish a
copy of the written permission to the Agency; or
• On property outside the State of Oregon on which the property owner has authorized storage in
writing, provided that such storage location is authorized in writing by the Engineer. The permit
must allow the Agency to enter upon the property and remove Materials for at least 6 months after
completion of the Project. The Contractor shall furnish a copy of the written permission to the
Agency.
To be eligible for advance allowance, the Materials shall:
• Meet Specification requirements;
• Have the required Materials conformance and quality compliance documents on file with the
Engineer (see Section 00165);
• Be in a form ready for incorporation into the Work; and
• Be clearly marked and identified as being specifically fabricated, or produced, and reserved for use
on the Project.
(3) Responsibility for Protection-The Contractor has full control and responsibility for the
protection of Materials on Hand from the elements and against damage, loss, theft, or other
impairment until the entire Project has been completed and accepted by the Agency.
If Materials are damaged, lost, stolen, or otherwise impaired while stored, the monetary value advanced
for them, if any,will be deducted from the next progress payment.
If these conditions in 00195.60(a-1) through 00195.60(a-3) have been satisfied, the amount of advance
allowance, less the retainage described in 00195.50,will be determined by one of the following methods as
elected by the Engineer:
• Net cost to the Contractor of the Materials, f.o.b. the Project Site or other approved site; or
• Price (or portion of it attributable to the Materials), less the cost of incorporating the Materials into
the Project, as estimated by the Engineer.
(b) Proof of Payment - The Contractor shall provide the Engineer with proof of payment to the
Materials suppliers for purchased Materials prior to the date of the progress payment that includes the
advance allowance.
If proof of payment is not provided, sums advanced will be deducted from future progress payments, and
the Engineer will not approve further prepayment advance allowance requests.
(c) Terminated Contract- If the Contract is terminated, the Contractor shall provide the Agency
immediate possession of all Materials for which advance allowances have been received, as provided above.
If, for any reason, immediate possession of the Materials cannot be provided, the Contractor shall
immediately refund to the Agency the total amount advanced for the Materials. The Agency may deduct
any amount not so refunded from final payment.
00195.70 Payment under Terminated Contract - Payment for Work performed under a Contract that is
terminated according to the provisions of 00180.90 will be determined under (a) or (b) of this Subsection.
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(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 SuretS, of the obligation for
any just claims arising from the completed or performed Work.
(2) Mobilization - If mobilization is not a separate Pay Item, and payment is not otherwise provided
for under the Contract, the Agency may pay the Contractor for mobilization expenses, including
moving Equipment to and from the Project Site. If allowed, payment of mobilization expenses will be
based on cost documentation submitted by the Contractor to the Engineer.
(3) All Other Work- The Agency shall pay the Contractor at the unit price for the number of Pay
Item units of completed, accepted Work. For units of Pay Items partially completed, payment will be as
mutually agreed, or, if not agreed, as the Engineer determines to be fair and equitable. No claim for
loss of anticipated profits will be allowed. The Agency will purchase Materials left on hand according
to 00195.80.
00195.80 Allowance for Materials Left on Hand:
(a) Purchase of Unused Materials - If Materials are delivered to the Project Site, or otherwise
acceptably stored at the order of the Engineer, but not incorporated into the Work due to complete or
partial elimination of Pay Items, changes in Plans, or termination of the Contract for public convenience
according to 00 180.90, and it is not commercially feasible for the Contractor to return them for credit or
otherwise dispose of them on the open market; the Agency will purchase them according to the formula
and conditions specified in Subsection (b) below.
(b) Purchase Formula and Conditions:
(1) Formula- The Agency will apply the following formula in determining the Contractor's allowance
for Materials left on hand:
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Contractor's Actual Cost, plus 5% Overhead Allowance, minus Advance Allowances under 00195.60,
but no markup or profit.
(2) Conditions - The Agency will not purchase the Contractor's Materials left on hand unless the
Contractor satisfies the following conditions:
• Requests the Agency's purchase of unused Materials;
• Shows acquisition of the Materials according to 00160.10;
• Shows that the Materials meet Specifications;
• Provides receipts, bills and other records of actual cost of Materials delivered to the designated
delivery points; and
• Demonstrates to the satisfaction of the Engineer that the materials cannot be returned for credit or
otherwise disposed of on the open market.
00195.90 Final Payment:
(a) Final Estimate -As soon as practicable after Final Inspection of the Project, as provided
in 00150.90, the Engineer will prepare a final estimate of the quantities of the Pay Items completed. With
this estimate of quantities as a base, the total amount due the Contractor will be determined according to
the terms of the Contract including without limitation any amounts due for Extra Work performed.
(b) Final Payment -The amount of final payment will be the difference between the total amount due
the Contractor and the sum of all payments previously made. All prior partial estimates and payments
shall be subject to correction in the final estimate and payment.
After computation of the final amount due, and after Engineer's issuance of the Third Notification, final
payment will be mailed to the Contractor's last known address as shown in the records of the Agency.
Beginning 30 Calendar Days after the date of Third Notification, interest will begin to accrue at the rate
established by ORS 279C.570 on any money due and payable to the Contractor as final payment,
determined as described above. No interest will be paid on money withheld due to outstanding amounts
owed by the Contractor under the provisions of 00170.10.
(c) No Waiver of Right to Make Adjustment- The fact that the Agency has made any measurement,
estimate, determination or certification either before or after completion of the Project, Final Acceptance,
Agency assumption of possession of the Project Site, determination of satisfactory completion of Pay
Items or Work or release of retainage under 00195.50(d) or payment for any part of the Work, shall not
prevent either party from:
• Showing the true amount and character of the Work;
• Showing that any measurement, estimate, determination or certification is incorrect;
• 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.
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00195.95 Error in Final Quantities and Amounts:
(a) Request for Correction of Compensation- If the Contractor believes the quantities and amounts
detailed in the final Contract payment voucher, prepared by the Engineer according to 00195.90, to be
incorrect, the Contractor shall submit an itemized statement to the Engineer detailing all proposed
corrections.
This statement must be submitted to the Engineer within 90 Calendar Days from the date the voucher
was mailed to the Contractor, according to 00195.90(6). Any request for compensation not submitted
and supported by an itemized statement within the 90 Calendar Day period will not be paid by the
Agency. This does not limit the application of Section 00199.
(b) Acceptance or Rejection of Request:
(1) Consideration of Request-The Engineer will consider and investigate the Contractor's request
for correction of compensation submitted according to 00195.95(a), and will promptly advise the
Contractor of acceptance or rejection of the request in full or in part.
(2) Acceptance of Request- If the Engineer accepts the Contractor's request(s) in full or in part, the
Engineer will prepare a post-final Contract payment voucher, including all accepted corrections, and
will forward it to the Contractor.
(3) Rejection of Request - If the Engineer rejects the request(s) in full, the Engineer will issue a
written notice of rejection and mail it to the Contractor.
(4) Contractor Objection to Revised Voucher or Notice of Rejection - If the Contractor disagrees
with the revised voucher or notice of rejection, the Contractor may seek review and resolution
according to the procedure specified in 00199.40. If the Contractor fails to submit a request
for 00199.40 review within 30 Calendar Days after the Engineer mails a post-final Contract payment
voucher or notice of rejection, the Contractor waives all rights to a claim based on errors in quantities
and amounts.
If the Engineer rejects the Contractor's request on the basis that the issue was not one that qualified for
treatment under this Section, no review according to 00199.40 will be allowed.
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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 Contractors 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.
(e) Not Directly Purchased From Supplier - If Materials cannot be obtained by direct purchase from
and direct billing by the supplier, the cost shall be considered to be the price billed to the purchaser less
commercial trade discounts, as determined by the Engineer, but not more than the purchaser paid for the
Materials. No markup other than actual handling costs will be permitted.
(d) Purchaser-Owned Source - If Materials are obtained from a supply or source wholly or partly
owned by the purchaser, the cost shall not exceed the price paid by the purchaser for similar Materials
furnished from that source on Pay Items, or the current wholesale price for the Materials delivered to the
Project Site,whichever is lower.
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00197.20 Equipment:
(a) General- Equipment approved by the Engineer to perform the Force Account Work will be eligible
for payment at the established rates only during the hours it is operated or on standby if so ordered by the
Engineer. Equipment hours will be recorded on the daily record to the nearest quarter hour.
Except as modified by these provisions, Equipment use approved by the Engineer will be paid at the
rental rates given in the most current edition of the Rental Rate Blue Books for Construction Equipment
("Blue Book"), Volumes 1, 2, and 3, published by Penton Media, Inc., and available from
EquipmentWatch (phone 1-800-669-3282).
(b) Equipment Description - On the billing form for Equipment costs, the Contractor shall submit to
the Engineer sufficient information for each piece of Equipment and its attachments to enable the
Engineer to determine the proper rental rate from the Blue Book.
(c) Rental Rates (without Operator):
(1) Rental Rate Formula - Rental rates for Equipment will be paid on an hourly basis for Equipment
and for attachments according to the following formula:
Monthly Base Rate x Rate Adjustment Factor
Hourly 176 hours/month Rate = + Hourly Operating Rate
Some attachments are considered "standard Equipment" and are already included in the monthly base
rate for the Equipment. That information can be obtained from EquipmentWatch.
(2) Monthly Base Rate -The monthly base rate used above for the machinery and for attachments
represents the major costs of Equipment ownership, such as depreciation, interest, taxes, insurance,
storage, and major repairs.
(3) Rate Adjustment Factor-The rate adjustment factor used above will be determined by applying
only the Model Year Adjustment to the Blue Book Rates. The Regional and User Defined
Ownership/Operating Adjustments shall not apply.
(4) Hourly Operating Rate -The hourly operating rate used above for the machinery and for
attachments represents the major costs of Equipment operations, such as fuel and oil, lubrications, field
repairs, tires or ground engaging components, and expendable parts.
(5) Limitations
If multiple attachments are included with the rental Equipment, and are not considered "standard
Equipment", only the attachment having the higher rental rate will be eligible for payment, provided the
attachment has been approved by the Engineer as necessary to the Force Account Work.
Rental will not be allowed for small tools that have a daily rental rate of less than $5, or for unlisted
Equipment that has a fair market value of$400 or less.
The above rates apply to approved Equipment in good working condition. Equipment not in good
working condition, or larger than required to efficiently perform the work, may be rejected by the
Engineer or accepted and paid for at reduced rates.
(d) Moving Equipment - If it is necessary to transport Equipment located beyond the Project Site
exclusively for Force Account Work, the actual cost to transport the Equipment to, and return it from, its
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On-Site Work location will be allowed as an additional item of expense. However, the return cost will not
exceed the original delivery cost. These costs will not be allowed for Equipment that is brought to the
Project Site for Force Account Work if the Equipment is also used on Pay Item or related Work.
If transportation of such Equipment is by common carrier, payment will be made in the amount paid for
the freight. No markups will be allowed on common carrier transportation costs. If the Equipment is
hauled with the Contractor's own forces, transportation costs will include the rental rate of the hauling
unit and the hauling unit operator's wage. If Equipment is transferred under its own power, the rental
rate allowed for transportation time will be 75% of the appropriate hourly rate for the Equipment,
without attachments, plus the Equipment operator's wage.
(e) Standby Time - If ordered by the Engineer, standby time will be paid at 40% of the hourly rental
rate calculated according to this Subsection, excluding the hourly operating rate. Rates for standby time
that are calculated at less than $1 per hour will not be paid. Payment will be limited to not more than
8 hours in a 24-hour period or 40 hours in a 1 week period. Standby Time provisions shall also apply to
Section 00195—Payment.
(f) Blue Book Omissions - If a rental rate has not been established in the Blue Book, the Contractor
may:
• If approved by the Engineer, use the rate of the most similar model found in the Blue Book,
considering such characteristics as manufacturer, capacity, horsepower, age and fuel type;
• Request EquipmentWatch to furnish a written response for a rental rate on the Equipment, which
shall be presented to the Engineer for approval; or
• Request that the Engineer establish a rental rate.
(g) Outside Rental Equipment - If Contractor-owned or Subcontractor-owned Equipment is not
available, and Equipment is rented from outside sources, payment will be based on the actual paid
invoice. Approval of the Engineer to rent from outside sources must be obtained prior to renting the
equipment.
If the invoice specifies that rental rate does not include fuel, lubricants, field repairs, and servicing, an
amount equal to the Blue Book hourly operating cost may be added for those items that were excluded.
The Agency may reduce the payment when the invoice amount plus allowance is higher than the amount
authorized under (c) through (f) of this Subsection.
The provisions of 00180.20(c) apply to owner-operated Equipment.
00197.30 Labor - The Contractor will be paid for all labor engaged directly on Force Account Work,
including Equipment operators and supervisors in direct charge of the specific force account operations, as
follows:
(a) Wages - The actual wages paid to laborers and supervisors, if those wages are paid at rates not
more than those for comparable labor currently employed on the Project, or at the recognized,
current, prevailing rates in the locality of the Project.
(b)Required Contributions -The actual cost of industrial accident insurance, unemployment
compensation contributions, payroll transit district taxes, and social security for old age assistance
contributions incurred or required under statutory law and these Specifications. The actual cost of
industrial accident insurance is the National Council on Compensation Insurance (NCCI) rate for the
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assigned risk pool for the appropriate work class multiplied by the experience modification factor for
the Contractor.
(e) 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 Sen-ices, shall be accompanied by
copies of invoices for the goods and services. The invoices shall be fully itemized showing dates, quantities,
unit prices, and complete descriptions of goods and services provided. Invoices for amounts of$10 or less
per invoice are not required, unless requested by the Engineer.
Costs included on the billings shall comply with 00197.01(a) and 00197.10 through 00197.40.
When a billing for Force Account Work has been paid at the Project level, no further corrections will be
made because of further review if those corrections amount to less than $10.
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Section 00199 - Disagreements, Protests, and Claims
00199.00 General-This Section details the process through which the parties agree to resolve any
disagreement concerning additional compensation or concerning a combination of additional compensation
and Contract Time. (See 00180.80 for disagreements and claims concerning additional Contract Time only,
and 00195.95 for disagreements and claims concerning correction of final compensation.) The Agency will
not consider direct disagreements, protests, or claims from subcontractors, Suppliers, or any other Entity
not a party to the Contract.
00199.10 Procedure for Resolving Disagreements - When disagreements occur concerning additional
compensation or a combination of additional compensation and Contract Time, the Contractor shall first
pursue resolution through the Engineer of all issues in the dispute, including without limitation the items to
be included in the written notice in 00199.20. If the discussion fails to provide satisfactory resolution of the
disagreement, the Contractor shall follow the protest procedures outlined in 00199.20. If the Engineer
denies all or part of the Contractors 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 subnnission 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
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00199
• If additional compensation is estimated to be due, include the estimated amount of additional time
required,if any.
FAILURE TO COMPLY WITH THIS NOTICE REQUIREMENT RENDERS THE
NOTICE IMPROPER AND SHALL CONSTITUTE A WAIVER OF ANY CLAIM FOR
ADDITIONAL COMPENSATION OR A COMBINATION OF ADDITIONAL
COMPENSATION AND CONTRACT TIME FOR ANY PART OF THE PROTESTED
WORK.
(d) Engineer's Record and Response - The Engineer will file a copy of each written notice of protest
in the Project records and will issue a written response to the protest within seven (7) Work Days of
receipt of a timely filed written notice of protest. The Engineer has no responsibility to evaluate the
protest unless the Contractor has timely filed a proper notice submitting all of the above information.
(e) Final Documentation of Claim - Within 60 Calendar Days following completion of the protested
work, Contractor shall provide the Engineer with complete documentation of protested work, listing
exact materials, equipment and labor used for the work and the dollar amount requested for each. If the
claim is accepted, no additional compensation will be awarded based on documentation submitted after
this deadline. If the claim is denied or if the Contractor is not satisfied with the decision by the Engineer,
the amount claimed by the Contractor in any subsequent Step or proceeding may not exceed the dollar
amount requested under this subsection.
(f) Records - Keep complete records of all costs and time incurred throughout the protested Work, and
allow the Engineer access to those and other supporting records. Provide daily records of protested
Work, on a weekly basis, on a schedule to be set by agreement with the Engineer.
(g) Comparison of Records - Provide the Engineer adequate facilities for keeping cost and time
records of the protested Work. The Contractor and the Engineer will compare records and either bring
them into agreement at the end of each day, or record and attempt to explain any differences.
(h) Work to Proceed - In spite of any protest, proceed promptly with the Work ordered by the
Engineer.
(i) Evaluation of Protest- The Engineer has no responsibility for evaluating a protest that is not timely
filed, or for which adequate supporting documentation has not been made available to the Engineer.
Provided the procedures above are followed, the Engineer will promptly evaluate all protests, after the
Contractor has fully complied with the requirements described in 00199.20(c), Written Notice. If the
protest is denied, the Engineer will notify the Contractor in writing of the reasons for full or partial denial.
If a protest is found to be valid, the Engineer will,within a reasonable time, make an equitable adjustment
of the Contract. Adjustment of time will be evaluated according to 00180.80.
The Engineer has no responsibility for evaluating and may reject a protest that does not comply
with 00199.20(b). If the protest is rejected, the Engineer will notify the Contractor in writing of the
reasons for rejection.
(j) Protest Evaluation by Third Party Neutral - If the Engineer agrees that the Contractor has fully
complied with the requirements described in 00199.20(b), and if the Engineer fully or partially denies, in
writing, the Contractor's protest according to 00199.20(f), the Contractor may request that a mutually
selected Third Party Neutral review the protest. Procedures for selecting, using, and paying for the cost
of the Third Party Neutral will be specified by Change Order.
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00199
If the Contractor does not accept the Engineer's evaluation of the protest, or either the Contractor or
Engineer disagrees with the resolution recommended by the Third Party Neutral, the Contractor may
pursue a claim as described in 00199.30.
00199.30 Claims Procedure:
(a) General- If the Contractor believes that additional compensation is due, or a combination of
additional compensation and Contract Time, and has pursued and exhausted all the procedures provided
in 00199.10 and 00199.20 to resolve a disagreement and protest, the Contractor may file a claim.
The Agency's Contract is with the Contractor. There is no contractual relationship bemeen the Agency
and any subcontractors, Suppliers or any Entity other than the Contractor. It is the Contractor's
responsibility to fully evaluate any claim before presenting it to the Agency. In addition, when a claim
includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the
Contractor, the Contractor remains solely responsible for presenting the claim to the Agency.
Claims that include Work done or costs incurred by subcontractors, Suppliers, or any Entity other than
the Contractor will not be considered by the Agency unless the Contractor has:
• Completed and provided its own written evaluation of the claim;
• Verified by its own independent review and evaluation of the amount of compensation sought;and
• Certified the claim in accordance with 00199.30(b) (Part 10).
(b) Claims Requirements - At any time during the progress of the Work, but not later than 45 Calendar
Days following the date of the Second Notification, the Contractor shall submit to the Engineer in
writing, claims for additional compensation or a combination of additional compensation and Contract
Time additional to that specified in the Contract. For a claim not submitted within the 45 day limit, that
has not met the requirements of 001.99.20, 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 Setvice 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.
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00199
To be considered, claims for additional compensation, or for additional compensation and Contract
Time, shall be completed according to 00199.30 and shall be submitted with the required information and
in the format below and labeled as required below for each claimed issue:
(Part 1) Summary (label page 1.1 through page 1.X� - In the summary, include a detailed, factual
statement of the claim for additional compensation and Contract Time, if any,with necessary dates and
locations of Work involved in the claim and the dates of when the event arose. Also include detailed
facts supporting the Contractors position relative to the Engineer's decision (see 00199.20(o);
(Part 2) Proof of notice (label page 2.1 through page 2.X) - Submit a copy of the written notice, with
all attachments, that was given to the Agency. Include the date when that written notice and the date
when oral notice was given:
(Part 3) Copies of the Contract Specifications that support the Contractor's claim (label page 3.1
through page 3.X�;
(Part 4) Theory of entitlement supporting the claim (label page 4.1 through page 4.X) - Include a
narrative of how or why the specific Contract Specifications support the claim and a statement of the
reasons why such Specifications support the claim;
(Part 5) Itemized list of claimed amounts (label page 5.1 through page 5.X� - Claimed damages that
resulted from the event with a narrative of the theories and records and documents used to arrive at the
value of the damages;
(Part 6) Additional Contract Time requests (label page 6.1 through page 6.X) - If the claim is for a
combination of additional compensation and Contract Time, submit a copy of the schedule that was in
effect when the event occurred and a detailed narrative which explains how the event impacted
Contract Time. In addition, if an Agency-caused delay is claimed:
• Include the specific days and dates under claim;
• Provide detailed facts about the specific acts or omissions of the Agency that allegedly caused the
delay, and the specific reasons why the resulting delay was unreasonable; and
• Provide a schedule evaluation that accurately describes the impacts of the claimed delay.
• Also see 00180.80 for additional requirements regarding claims for Contract Time and causes that
are eligible and ineligible for consideration;
(Part 7) Copies of actual expense records (label page 7.1 through page 7.X) - Include documents that
contain the detailed records and which support and total to the exact amount of additional
compensation sought. Include the information and calculations necessary to support that amount.
That amount may be calculated on the basis of Section 00197, if applicable, or may be calculated using
direct and indirect costs presented in the following categories:
• Direct Materials;
• Direct Equipment. The rate claimed for each piece of Equipment shall not exceed the actual cost.
In the absence of actual Equipment costs, the Equipment rates shall not exceed 75 percent of
those calculated under the provisions of 00197.20. For each piece of Equipment, the Contractor
shall include a detailed description of the Equipment and attachments, specific days and dates of
use or standby, and specific hours of use or standby;
• Direct labor;
• Job overhead;
• General and administrative overhead;and
• Other categories as specified by the Contractor or the Agency;
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00199
(Part 8) Supporting records and documents {label page 8.1 through page 8.X-) - Include copies of, or
excerpts from the following:
• Any documents that support the claim, such as manuals standard to the industry and used by the
Contractor; and
• Any daily reports or diaries related to the event, photographs or media that help explain the issue
or event (optional), or all other information the Contractor chooses to provide (optional);
(Part 9) Certification (label page 9.1 through 9.X) - A certified statement, signed by a person
authorized to execute Change Orders, by the Contractor, subcontractor, Supplier, or Entity, originating
the claim, as to the validity of facts and costs with the following certification:
Under penalty of law for penury or plfilitation, the nndersigned, LName)(1 ztle), Cmi ant!) certifies ib it this
Claim fbr additional coin enation for Vork on the Contract is a tree statement of the actual costs incurred (in the
amount of exclnsh)e of interest) and is fully documented and supported under the C"ontratt between the
parties.
Signature:
Date. 20
Snbscribed and sworn before nze this day of 20
Notary Public
My commission expires
(Part 10) Contractor evaluation of a lower tier claim (label page 10.1 through 10.X) - If the claim
includes Work done or costs incurred by any subcontractors, Suppliers, or any Entity other than the
Contractor, the following are required:
• Data required by the other Subsections of 00199.30(b);
• Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of
which the claim originates, separate evaluation of entitlement;
• Copies of the Contractor's, subcontractor's, Supplier's and Entity's, at all tiers above the level of
which the claim originates, independent verification and evaluation of the amount of damages
sought; and
• A person authorized to execute Change Orders on behalf of the Contractor, subcontractor,
Supplier and Entity, at all tiers above the level of which the claim originates, must sign a statement
with the following certification:
f.Tnder penalty of law for pegury or firlsif cation, the nndersignecl,, j1lLame) (Lille). ( ol)v ant;) certifies
Mal this claim ori,ginatin;from the subcontractor, Supplier or Entity-Cornpa�r additional compensation
for Wlork on the Contract is a reasonable statement, independently ivriferl of the costs incurred (in the
amount of.$ , exclusille of'interest) and is fzrlly docnmented and supported under the (,'ontrcrct
between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day of 20-
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00199
Notary Public
All,coininission e.a,pires
If the Engineer determines that additional information, records or documentation is needed to allow
proper evaluation of the claim submittal, the Engineer will request the information, records or
documentation. The Contractor shall submit to the Engineer within 14 Calendar Days, or as otherwise
agreed by the parties, the required additional information, records and documentation.
If the Engineer determines that the claim submittal with the additional information, records and
documentation submitted is incomplete and not accepted as a claim, the Engineer will notify the
Contractor in writing and the submittal will be rejected and will not be considered under 00199.40.
(c) Records Requirements -The Contractor shall comply with 00170.07.
(d) Compliance Required- Full compliance by the Contractor with the provisions of this Section is a
condition precedent to the commencement of any lawsuit by the Contractor to enforce any claim.
00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies -The Agency intends to
resolve all claims at the lowest possible administrative level. The Engineer will also determine whether
multiple claims should be advanced separately or together.
If the Engineer denies the claim for additional compensation or a combination of additional compensation
and Contract Time, in full or in part, according to 00199.40(a), the Contractor may request review of the
denial. The disputed claim for additional compensation or a combination of additional compensation and
Contract Time may then be resolved, in full or in part, at any of the progressive steps of claim review
procedure as specified in (b) through (c) of this Subsection.
If the Engineer has denied a claim, in full or in part, for Contract Time only according to 00180.80, or has
denied a claim, in full or in part, for correction of final compensation according to 00195.95, those disputed
claims may then be resolved, in full or in part, at either of the two progressive steps of claim review
procedure as specified in (b) through (c) of this Subsection.
A person authorized by the Contractor to execute Change Orders on behalf of the Contractor must be
present and attend all claim hearings. For all claims, all of the actions and review under each step of the
review process shall occur before the review can be advanced to the next higher step.
If, at any step in the claim decision or review process, the Contractor fails to promptly submit requested
information or documentation that the Agency deems necessary to analyze the claim, the Contractor is
deemed to have waived its right to further review, and the claim will not be considered properly filed and
preserved.
(a) Decision by the Engineer- The Engineer will, as soon as practicable, consider, investigate, and
evaluate a Contractor's claim for additional compensation, or for a combination of additional
compensation and Contract Time, if submitted as required by 00199.30.
Once the Engineer determines the Agency is in receipt of a properly submitted claim, the Engineer will
arrange a meeting, within 21 Calendar Days or as otherwise agreed by the parties, with the Contractor in
order to present the claim for formal review and discussion.
If the Engineer determines that the Contractor must furnish additional information, records or
documentation to allow proper evaluation of the claim, the Engineer will schedule a second meeting, to
be held within 14 Calendar Days or as otherwise agreed by the parties, at which the Contractor shall
present the requested information, records and documentation.
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00199
The Engineer will provide a written decision to the Contractor within 30 Calendar Days of the last
Engineer-level meeting.
If the Contractor does not accept the Engineers decision, the Contractor may, within 10 Calendar Days
of receipt of the written decision, request in writing that the Engineer arrange a review at Step 1 (see (b)
below).
(b) Step 1: Public Works Director Level Review-The Contractor shall request that the Engineer
arrange a meeting with the Public Works Director or the Public Works Director's designee, as determined
by the Public Works Director, in order to present the denied or partially denied claim for formal review
and discussion. The meeting will take place within 21 Calendar Days of the Agency's receipt of the
request, or as otherwise agreed by the parties.
If the Public Works Director (or designee) determines that the Contractor must furnish additional
information, records or documentation to allow proper evaluation of the claim, the Public Works
Director (or designee) will schedule a second meeting, to be held within 14 Calendar Days, or as
otherwise agreed by the parties, at which the Contractor shall present the requested information, records
and documentation.
The Public Works Director (or designee) will provide a written decision to the Contractor within
30 Calendar Days of the last meeting with the Public Works Director (or designee).
The claim is subject to 00199.60, if not all of the records requested by the Public Works Director (or
designee) were furnished. If applicable, advancement of the claim is subject to the provisions of 00199.60
regarding waiver and dismissal of the claim or portions of the claim.
If the Contractor does not accept the decision, the Contractor may, within 180 Calendar Days from the
date of receipt of the Public Works Director (or designee) written decision or within 90 Calendar Days of
the date of Second Notification,whichever is later,initiate Step 2 as set forth in subsection (c) below.
(c) Step 2: Arbitration and Litigation -The Contractor must follow each step in order, and exhaust
all available administrative remedies before resort to arbitration and litigation. Litigation of a claim that
cannot be resolved in Step 1 shall be initiated by filing a complaint in the Circuit Court for the State of
Oregon in the county where the Agency's main office is located that contains a stipulation to arbitration
under ORS 36.410. The claim and all cross and counter-claims filed in response to the complaint shall be
submitted to the Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon
Uniform "Trial Court Rules and the Circuit Court supplemental local rules concerning arbitration. Either
party may seek, and shall be entitled to, an order directing the other party to submit to arbitration as
provided herein and to judgment for its costs, expenses and attorney fees in obtaining and enforcing the
order
In no event shall this Subsection be construed as a waiver by the Agency or by the State of Oregon on
any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based
on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or
from the jurisdiction of any court.
(d) Payment of Costs, Expenses and Attorney's Fees -The prevailing party shall be entitled to an
award for reasonable costs and expenses incurred after the initiation of Step 2, including costs and
expenses incurred for arbitration, trial de novo and on appeal. Costs and Expenses shall include,but shall
not be limited to, reasonable attorney fees and expenses, arbitrator fees and expenses, and costs of
discovery
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00199
As used in this subsection 00199.40(d), "prevailing party" for an arbitration award means (1) a Contractor
who has received an arbitration award, exclusive of interest, costs and expenses, that is more than the
dollar amount claimed by the Contractor in its Final Documentation of Claim under 00199.20(d) or (2)
the Agency if there is no arbitration award to the Contractor or if the arbitration award to the Contractor,
exclusive of interest, costs and expenses, is less than the dollar amount of the award in the Step 1
decision. For all other arbitration awards, there shall not be a "prevailing party."
The award of costs and expenses after trial de novo shall be made as provided for in ORS 36.425. The
award of costs and expenses after appeal from a judgment entered after trial de novo shall be to the
prevailing party designated as such by the appeals court.
The Contractor shall comply with 00170.00.
00199.50 Mediation- Notwithstanding the formal claims procedure specified above, the parties may enter
into nonbinding mediation by mutual agreement at any time, in which case the parties may also agree to
suspend the time requirements in Section 00199 pending the outcome of the mediation process. The rules,
time and place for mediation, as well as selection of the mediator, shall be established by mutual agreement.
Costs shall be divided equally between the Contractor and the Agency. Either party may terminate
mediation at any time upon 5 Calendar Days notice to the other, after which the time requirements of
Section 00199 shall be automatically reinstated and shall resume from the point at which the time
requirements were suspended.
00199.60 Review of Determination Regarding Records - If not all of the records requested by the
Agency under 00199.40(c) Step 2 were provided, then the Agency will determine:
• If the records are of the type described in 00170.07; and
• If the records have not been maintained or the records, or access to the records, has not been
provided to the Agency as required by 00170.07 and this Section; and
• If the records are material and necessary for proper evaluation of part or all of the claim; and
• The portions of the claim for which the records are material and necessary for proper evaluation.
If the Agency makes the foregoing determinations, then subject to the review process described below, all
portions of the claim for which the Agency determined the records are material and necessary for proper
evaluation are immediately waived and irrevocably dismissed.
Even if the records have not been maintained or the records, or access to the records, have not been
provided to the Agency in a given instance, the Agency may determine that sufficient records have been
provided for the Agency to properly evaluate the claim in that instance. If the Agency makes this
determination, the claim or portions of the claim will not be waived or dismissed under this provision.
If the Contractor does not accept the Agency written determination that the records are material and
necessary for proper evaluation of part or all of the claim, and the portions of the claim for which the
records are material and necessary, the Contractor may, within 14 Calendar Days of receipt of the Agency
determination, request, in writing, a review of such determination by the Public Works Director (or
designee). If the Contractor does not request a review of the Agency determination, the Agency
determination shall then become the Agency's final determination as of the expiration of the time limit to
request review.
If the Contractor requests the review, the Public Works Director (or designee)will schedule a review meeting
within 14 Calendar Days, or as otherwise agreed by the parties, of when the Public Works Director (or
designee)receives the written review request. The Agency and the Contractor will each have an opportunity
to explain their respective positions at the review meeting in a manner determined by the Public Works
Director (or designee).
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00199
Within 10 Calendar Days of the review meeting, the Public Works Director (or designee)will issue a written
proposed finding of whether the records not maintained or not provided to the Agency, or for which access
was not provided to the Agency, are material and necessary for proper evaluation of part or all of the claim.
If the Public Works Director (or designee)makes that finding, then the Public Works Director (or
designee)will also make a proposed written finding as to what portions of the claim the records are material
and necessary and, therefore,waived and irrevocably dismissed.
Even if the records have not been maintained or the records, or access to the records, have not been
provided to the Agency in a given instance, the Public Works Director (or designee) may determine that
sufficient records have been provided for the Agency to properly evaluate the claim in that instance. If the
Public Works Director (or designee) makes this determination, then the claim or portions of the claim -Nvill
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
COMMERCIAL ST.PERVIOUS SIDEWALK
Section 00120—Bidding Requirements and Procedures
Comply with Section 00120 of the City of Tigard General Conditions,modified as follows:
00120.01 General Bidding Requirements—Bids must be submitted in writing before the deadline and at the location
stated in the Advertisement for Bid..
00120.03 Request for Solicitation Documents—Bid Package,Plans and Specifications are available online at
www.tigard-or/goy/business/bids or in person at Tigard City Hall located at 13125 SW Hall Blvd.Tigard,OR 97223 at
no charge..
Copies of the Oregon Standard Specifications for Construction 2015 may be downloaded or purchased online at
htW://,,Uww oregon gov/ODOT/HW'Y/SPECS/Pages/standard specifications.aspx.
(a) Paper Bids -Bidders must obtain Solicitation documents from the City of Tigard, either online at www.tigard-
or.gov/business/bids or in person at Tigard City Hall located at 13125 SW Hall Blvd. Tigard, OR 97223. Each
request must include both the name of the person ordering or obtaining the Solicitation Documents,and the name
of the Entity intending to use them. The City will add the name of the Entity intending to use the Solicitation
Documents obtained from the City of Tigard may be used to submit Bids.
(b) Standards and Specifications — The work embraced herein shall be done in accordance with the following
standards and specifications.
City of Tigard Public Improvement Design Standards Download from the City's web site
CWS Design and Construction Standards 07-20 www.cleanwaterservices.or�
Manual on Uniform Traffic Control Devices (MUTCD)
Oregon Standard Specifications for Construction 2015 Available from ODOT
Copies of these standards and specifications can be found at the locations stated above.
Section 00150—Control of Work
Comply with Section 00150 of the City of Tigard General Conditions,modified as follows:
00150.15(e) Contractor Responsibilities-Replace this subsection,except for the subsection number and title,with the
following:
Perform the responsibilities described in 00305.05.
Add the following subsection:
00150.50(d) Cooperation with Utilities:
The Contractor shall notify all utilities that may be affected by the construction operation at least 48 hours in advance that
their services will be affected by the work and make reasonable accommodations (in the judgment of the engineer) for the
operation of these utilities.
Utili
�y A,2ency Contact Phone Email
Water City of Tigard Sam Morrison 503-718-2596 samnigtieard-or.goy
24-hour 503-639-1554
Sanitary City of Tigard Rob Block 503-718-2607 rob?,beard-ongov
Sewer
Storm Sewer City of Tigard Rob Block 503-718-2607 rob tiand-or. ov
Power PGE Tod Shattuck 503-672-5466 tod.shat k .com
24-hour 503-464-7777
Damage&Repair 503-736-5662
Cable Comcast Ken brills 971-801-5641 kenneth willis tacomcast.com
Damage&Repair 503-617-1212
Telephone FrontierJohn Bielec 503-367-5106 john.biel ftr.com
24-hour 1-877-462-8188
CenturyLink Scott Miller(Local 971-769-9940 scott.miller4 tt,centurylink.com
Network
CenturyLink Mike Lopez (National 503-242-4144 michael.lopezacentury link.com
Network
Gas NW Natural Peter Cathcart 503-715-7441 peter.cafhcart@nwnatural.com
Damage&Repair 503-226-4211
Section 00151—Archaeological
Section 00151,which is not a Standard Specification,is included in this project by special provision.
If archaeological objects,sites,or human remains are discovered during construction,all activities shall cease immediately
until a professional archaeologist can evaluate the discovery and the Confederated Tribes of the Grand Ronde,Sdetz and
Warm Springs Reservation are consulted
Section 00180—Prosecution and Progress
Comply with Section 00180 of the City of Tigard General Conditions,modified as follows:
00180.40(a) In General—Add the following bullet.
• Work is permitted between the hours of 7:00 a.m. to 7:00 p.m.Monday through Friday unless otherwise
authorized by the City.
00180.41 Project Work Schedules—After the paragraph that beings"One of the following Type..."add the following
sentence:
A Type"A"schedule as detailed in the City of Tigard General Conditions is required for this contract.
00180.50(h) Contract Time—Add the following subsection.
Work to be done under this project shall be completed by April 30,2018..
0180.85 Liquidated Damages—Add the following paragraph to the end of this subsection:
The liquidated damages for failure to complete the Work on time required by 00180.50(h)will be$700 per Calendar Day.
Section 00210—Mobilization
Comply with Section 00210 of the Standard Specifications.
Section 00225—Accommodations for Public Traffic
Comply with Section 00225 of the Standard Specifications.
Section 00280—Erosion and Sediment Control
Comply with Section 00280 of the Standard Specifications modified as follows:
00280.03 Standards-Replace"ODOT`Erosion and Sediment Control'manual"with"Clean eater Services Design and
Construction Standards."
00280.80 Measurement—Add the following under 280.80(a)and remove all of subsection 280.80(6) through 280.80(e):
Measurement under lump sum for erosion and sediment control shall be project wide for all phases,construction
activities,and permit areas.
Estimated Quantities:
Item Quanti
Bio Filter Bag Check Dam 6 EA
Inlet Protection,Type 4 3 EA
Inlet Protection,Type 5 4 EA
Section 00290—Environmental Protection
Comply with Section 00290 of the Standard Specifications modified as follows.
00290.90 Payment-Replace this subsection with the following:
No separate or additional payment will be made for work performed under this Section.
Section 00305—Construction Survey Work
Section 00305,which is not a Standard Specification,is included for this Project by Special Provision.
Description
00305.00 Scope-This work consists of all surveying activities necessary to control the many phases of work required to
construct the Project to the lines and grades as shown,specified,or established.
Make all supporting computations and field notes required for control of the work and as necessary to establish the exact
position,orientation,and elevation of the work from control stations,including furnishing and setting construction stakes
and marks,reference marks,and additional control stations.
Plans,specifications and other data necessary to lay out the work will be available for inspection at the Project Manager's
office.
Provide construction survey work according to the current edition on the date of Advertisement,of the ODOT
"Construction Surveying Manual for Contractors". This manual is available on the web at:
http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/Pages/documents.aspx
00305.02 Mandatory Pre-Survey Conference-The prime Contractor,subcontractors,surveyor,survey crew leader,
and all surveying personnel who are to be involved in the survey work shall meet with the Project Manager two weeks
prior to beginning survey work. The purpose of this meeting will be to discuss methods and practices of accomplishing
required survey work.
00305.03 Review by the Engineer-The Engineer may periodically review the notes,calculations and layout work,
including field locations,for compliance with these specifications. Survey work that does not meet the tolerances in
00305.40 may be rejected,and the work redone at the Contractors expense to meet the tolerances.
Review by the Engineer does not constitute approval or acceptance of the work,nor does it relieve the Contractor of
responsibility for performing work in conformance with the plans and specifications.
00305.04 Agency Responsibilities:
• Provide copies of plans and specifications.
• Establish initial horizontal and vertical control stations in the proximity of the Project.
• Provide horizontal and vertical alignment data.
• Perform measurements and calculations for pay quantities.
• Perform final"as constructed"measurements.
00305.05 Contractor Responsibilities-Perform or provide the following items of work:
• Make calculations,field notes and survey drawings for the layout and control of the work as are necessary to
construct the Project as specified.
• Provide original or copies of notes,calculations and drawings as requested.
• Preserve survey monuments and control stations according to 00305.71 and as governed by applicable law.
• Replace and augment control stations as necessary to control the Project.
• Establish additional control stations as necessary to control the Project.
• Set stakes defining limits for clearing.Set stakes defining approximate right-of-way and easements.
• Set stakes to define construction centerline,centerline offsets,limits for clearing,or right of way and
easements.
• Set stakes to define the work.
00305.07 Survey Work Records-Contractor's survey personnel shall maintain a Project daily record of work performed
by the survey crew. The daily record shall contain the date,crew names,type and location of work,and work
accomplished. Upon request,furnish a copy=of diary entries to the Engineer. Furnish a final copy of the diary when the
Project is complete.
Contractor's survey personnel shall make all field notes and calculations in a manner consistent with current Agency
practices and on forms provided or approved by the Engineer. Computations,survey notes and other records necessary
to accomplish the work shall be neat,legible and complete. Furnish copies of computations,notes and other records
when requested by the Engineer.
For bridges,furnish computations,layout notes,and drawings of the structure to the Engineer for review 7 days before
beginning construction.
Upon completion of construction staking and prior to final acceptance of the Contract,furnish to the Engineer,
computations,survey notes,Project records and other data used to accomplish the work. Include an itemized list of the
data.
All data and original documentation associated with this Project will become the property of the Agency.
00305.08 Communication With the Surveyor-The Engineer has the right to communicate directly with the surveyor.
00305.09 Electronic Data-The Engineer will not be responsible for any data translations. The method of exchange of
electronic data will be mutually agreed upon at the pre-survey conference.
Maintenance and Monumentation
00305.71 Preservation of Survey Markers:
(a) Project Control Points Established by the Engineer-Maintain,relocate or replace existing survey
monuments,control points,and stakes,as determined by the Engineer. Perform the work to produce the same level
of accuracy as the original monument(s)in a timely manner,and at no additional cost to the Owner.
(b) Monuments of Record-Preserve survey monuments according to 00170.82(c),and ORS 209.140 and
ORS 209.150. If such monuments are to be disturbed or destroyed,comply with requirements of these ORS at no
additional cost to the Owner.
00305.72 Project Monumentation-The Contractor will not be responsible for performing right-of-way
Monumentation.
Measurement
00305.80 Measurement-No measurement of quantities will be made for construction survey work.
Payment
00305.90 Payment-Construction survey work will be paid for at the contract lump sum amount for the item.
"Construction Survey Work".
Payment will be payment in fiill for furnishing all material,equipment,labor,and incidentals necessary to complete the
work as specified.
No separate or additional payment will be made for all temporary protection and direction of traffic measures including
flaggers and signing necessary for the performance of the construction survey work.
No separate or additional payment will be made for preparing surveying documents including but not limited to office
time,preparing and checking survey notes,and all other related preparation work.
Progress payments will not be in excess of the reasonable value of the surveying work estimated by the Engineer.
Costs incurred as a result of survey errors will be home by the Contractor. Such costs include price adjustments for failure
to meet requirements of the construction specifications,repair or removal and replacement of deficient product,and over-
run of material.
Section 00310—Removal of Structures and Obstructions
Comply with Section 00310 of the Standard Specifications modified as follows:
00310.44 Earthwork in Connection with Removal—Replace the second paragraph with the following:
Backfill holes according to 00330.45. No separate or additional payment will be made for this work.
Section 00320—Clearing and Grubbing
Comply with Section 00320 of the Standard Specifications.
Section 00330—Earthwork
Comply with Section 00330 of the Standard Specifications modified as follows:
00330.03 Basis of Performance—Add the following paragraph to the end of this subsection:
Perform all earthwork under this section on the excavation basis.
Section 00331—Subgrade Stabilization
Comply with Section 00331 of the Standard Specifications modified as follows:
00331.80 Measurement—Replace the subsection with the following:
The quantities for subgrade stabilization will be measured on the volume basis according to 00330.80.
00331.90 Payment-Replace the subsection with the following:
Payment will be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor,and
incidentals necessary to complete the work as specified. No separate or additional payment will be made for excavation,
Geosynthetic,stone embankment or aggregate backfill material or water.
Section 00350—Geosynthetic Installation
Comply with Section 00350 of the Standard Specifications.
Section 00415—Video Inspection
Delete Section 00415 of the Standard Specifications. The City of Tigard will perform video inspection of new storm lines
as required. No separate or additional payment will be made for this work.
Section 00445—Sanitary,Storm, Culvert,Siphon,and Irrigation Pipe
Comply with Section 00445 of the Standard Specifications modified as follows:
00445.11(e)Tracer Wire-Replace the sentence that begins "Use 12 gauge stranded..."with the following sentence:
Use 12 gauge stranded or solid copper insulated high molecular weight polyethylene(HMW PE) tracer wire or 12 gauge
copper clad steel reinforced insulated HMW PE tracer wire.
Section 00470—Manholes,Catch Basins and Inlets
Comply with Section 00470 of the Standard Specifications modified as follows:
Add the following subsection:
00490.18 Area Drain
Area drain shall be Gibson Steel Basin,12-inch square or approved equal.
00470.90—Payment—Add the following:
4)Area Drain..................................................................................Each
Section 00490—Work on Existing Sewers and Structures
Comply with Section 00490 of the Standard Specifications modified as follows:
00490.80 Measurement—Add the following:
Reconnecting existing service lines shall be measured on an each basis.
00490.90 Payment—Add the following:
(i)Reconstruction Existing Catch Basin....................................Each
0)Reconnect Existing Service Lines..........................................Each
Item(i)applies to reconstruct exiting catch basins including new connection to the existing structure,adjusting top of
structure to finished grade and providing new solid lid. The new solid lid will be traffic rated,textured (diamond plate or
approved),protected from corrosion(galvanized or approved)with single 3/4-inch pick hole. Payment will be payment in
full for connecting,reconstructing and adjustment of existing catch basin including furnishing and placing all materials,
furnishing all equipment,labor,and incidentals necessary to complete the work as specified.Any additional items are to be
considered incidental.
Item 0) applies to reconnection of existing services lines. Payment will be payment in full for connecting to existing
service lines for furnishing and placing all materials,and for furnishing all equipment,labor,and incidentals necessary to
complete the work as specified.Any additional items are to be considered incidental.
Section 00640—Aggregate Base and Shoulders
Comply with Section 00640 of the Standard Specifications modified as follows:
00640.10 Materials—Replace this subsection with the following:
Furnish 1 1/2"—0 for base and slope aggregate. Furnish 3/4"-0 aggregate for leveling and shoulder aggregate. Furnish
2"—3/4" open graded (washed)aggregate for pervious concrete base. Furnish 1"crushed open graded (washed)
aggregate for pervious concrete choker course.
00640.80 Measurement—Replace this subsection with the following:
The quantities of aggregate will be measured on the volume basis. Quantities will be the theoretical neat line quantity
constructed and accepted.
The aggregate base quantity shown in the contract schedule of items is the sum of the following theoretical neat line
quantities:
30 cubic yards for roadway base
15 cubic yards for driveway base(excludes pervious concrete areas)
2 cubic yards for slope protection
7 cubic yards for roadway leveling
1 cubic yard for roadway shoulder
58 cubic yards for pervious base
10 cubic yards for pervious choker
00640.90 Payment—Add the following:
(a)Aggregate Base..........................................................................Cubic Yard
(b)Aggregate Base in Leveling....................................................Cubic Yard
(c)Aggregate Open Graded Base ..............................................Cubic Yard
(d)Aggregate Open Graded Choker..........................................Cubic Yard
Section 00744—Asphalt Concrete Pavement
Comply with Section 00744 of the Standard Specifications.
SECTION 00757—PLAIN PERVIOUS CONCRETE PAVEMENT
Section 00757,which is not a Standard Specification,is included in this project by special provision.
Description
00757.00 Scope-This work consists of constructing pervious Portland cement concrete pavement as shown and
specified.
00757.01 Abbreviations:
ASTV - Actual Strength Test Value
CCT - Concrete Control Technician
CAgT - Certified Aggregate Technician
LSL - Lower Specification Limit
MFTP - Manual of Field Test Procedures—Oregon 2016
QCT - Quality Control Technician
PI - Profile Index
PCC - Portland Cement Concrete
SSD - Saturated Surface-Dry
SSFC - Stationary Side Form Construction
SSTV - Sublot Strength Test Value
USL - Upper Specification Limit
00757.04 Pre-paving Conference:
(a) Pre-paving Conference-Supervisory personnel of the Contractor and any subcontractor's who are to be involved
in the concrete paving work shall meet with the Project Manager,at a mutually agreed time,to discuss methods of
accomplishing all phases of the paving work.
Materials
00757.10 General-Furnish materials meeting the following requirements:
BarReinforcement ...............................................................................................................02510
ConcreteMaterials................................................................................................................02001
Admixtures.............................................................................................................................02040
CuringMaterials.....................................................................................................................02050
Epoxy and Nonepoxy Bonding Agents............................................................................02070
Epoxy and Nonepoxy Grouts............................................................................................02080
Galvanizing.............................................................................................................................02530.70
00757.11 Classes of Concrete-Furnish Class 2400 psi with 1/4"maximum aggregate pervious concrete.
00757.13 Concrete Mix Designs-Prepare and submit either new mix designs or current mix designs for each
class of concrete required according to Section 02001.
00757.14 Concrete Mix Tolerances and Limits-Provide a concrete mixture with a void structure of 17% +/-
2%
00757.15 Quality Control-Perform quality control according to Section 00165 and the following.
(a) Concrete Mixture-Provide a QCT to sample and test concrete for all classes of concrete.Provide a CCT to prepare
new mix designs and to make adjustments in current mix designs for all paving concrete.Provide a CCT,as required in
Table 02001-1,for all paving concrete during concrete placements who is authorized to control the production of
concrete. If the results of any test are outside of the specification limits,stop the placement of the load. Correct the load
or reject it and do not incorporate it into the work.Test subsequent loads before any further concrete placement.Correct
the subsequent loads if any of the tests are still outside the specification limits. If the load cannot be corrected,reject it and
do not incorporate it into the work.Testing of subsequent loads may return to the specified frequency when the test
results from two consecutive loads are shown to meet the specification limits. Reject the concrete mix if it has not been
placed within 90 minutes (120 minutes if a hydration stabilizer is used) after being mixed or it has begun to take initial set
before placement.
(b) Records-Deliver all batch tickets,water-cement ration calculations,and all other records required in(a)above to the
Engineer upon availability but no later than the morning of the next day.
00757.16 Acceptance of Concrete:
(a) General-Acceptance of concrete will be based on the results of the Contractor's quality control testing according to
Section 00165.
(b) Aggregate-Acceptance will be based on the Contractor's quality control testing,if verified by the Agency according
to Section 00165.
(1) Aggregate Gradation-A stockpile contains specification aggregate gradation when the quality level for each
sieve size calculated according to 00165.40 is equal to or greater than the quality level indicated in fable 00165-2 for a
PF of 1.00.Each required sample represents a sublot. When the quality level indicated in Table 00165-2 yields a PF
of less than 1.00 for any constituent,the material is non-specification.
(2) Non-specification Aggregate Gradation-Stockpiled aggregates that contain non-specification aggregate
gradation will be rejected by the Engineer unless non-specification material is removed from the stockpile. Do not
add additional material to the stockpile until enough non-specification material is removed so that the quality level for
each constituent is equal to or greater than the quality level in Table 00165-2 for a 1.00 PF.
(c) Freshly Mixed Concrete-Acceptance of freshly mixed concrete will be based on the tests performed by the
Contractor's QCT,according to ASTM C1688 per the tolerances and limits of 00757.14.
(d) Hardened Concrete-Acceptance of hardened concrete will be based on the tests performed by the Contractor's
QCT,according to ASTM C1754 per the tolerances and limits of 00757.14.
Equipment
00757.22 Hauling Equipment-Transport concrete in non-agitating equipment.Truck mixers may be used to
transport concrete only as permitted in 00757.45. Hauling equipment shall conform to AASHTO M 157.12 or M 157.11.6
when permitted.
00757.24 Concrete Saws-Provide power driven concrete saws for salving joints,adequate in number of units
and power to complete the sawing at the required rate.Also provide a standby saw on the jobsite. Vacuum the cutting
slurry or use other means to remove the slurry.
Use of early entry saws are not allowed due to the requirement for immediate covering of the concrete.
00757.25 Smoothness Testing Equipment-Provide two 12 foot straightedges.
00757.26 Alternate Equipment and Methods—Any proposals to construct the pavement using different
equipment or methods then specified shall be submitted 15 days in advance of the pre-paving conference.
Labor
00757.30 Quality Control Personnel-Provide certified technicians in the following fields:
(a) CCT's Duties:
• Before hatching is started and when there is a significant change in the slump of the concrete due to variations in
aggregate moistures,test the coarse aggregates for total moisture content according to AASH"l'O T 255.Moisture
testing may be by an alternate method if approved by the Engineer.
• Visually inspect the coarse aggregate for changes in moisture content throughout the day. Perform necessary
testing for total moisture and make adjustments if necessary.
• Calculate the amount of free water present in the coarse aggregates and adjust the batch proportions accordingly.
• Calculate the total allowable amount of water,including liquid admixtures and free water in the aggregate,for
each batch;determine the amount of water added during batching;determine the allowable maximum amount of
water that can be added after batching;and record these on the ticket.
• Make sure all water is removed from the transit-mix trucks before each loading.
• Send a ticket with each load on which the Contractor's batch person records and attests to the Engineer the mix
design number,day,time of batch,size of load and quantity of individual constituents in the load.
• Instruct the plant control personnel how to adjust the batch masses (weights) to maintain the proper water-
cement,cement content,air content and aggregate proportions to produce the specified mix.
• Be present at the plant or at the jobsite unless otherwise approved by the Engineer.
• Monitor the mix properties and compressive strength test results throughout the Project.
• Make recommendations or adjustments to maintain a satisfactory over-design (f'cr).
• Perform an analysis and make adjustments if necessary whenever the density(unit weight)of the fresh concrete
varies from the mix design by more than plus or minus 3 lb/ft3. Submit a written analysis along with any
recommendations to the Engineer by noon of the following workday.
• Submit to the Engineer,in writing,adjustments made to the mix design.
• Perform an analysis and verify the accuracy of coarse aggregate moistures whenever the water-cement ratio varies
from the mix design target by more than plus or minus 0.03 and submit to the Engineer by noon of the following
workday.
(b) QCT's Duties:
• Attend pre-paving conference meetings.
• Be at the concrete sampling and testing site when placement is in progress.
• Have a copy of the mix design on site and available during concrete placements.
• Check each batch ticket on arrival at the jobsite for the correct mix design for the placement.
• Sample and test the concrete for ambient air and fresh concrete temperatures,density,water/cement ratio,yield,
and cement content as required and according to the tests listed in the MFTP,and at such times as requested by
the Engineer to validate compliance with the Specifications.
• Notify the Contractor and the Engineer immediately when the concrete is not in compliance with the
Specifications.
• Be in direct contact with the CCT by telephone,radio or other means necessary to convey important mix
information.
• Notify the CCT of loads rejected by the QCT and the reason for rejection.
• Notify the CCT immediately whenever the density of the fresh concrete varies from the mix design target by
more than 31b/ft3.
• Notify the CCT immediately whenever the water-cement ratio varies from the mix design target by more than
plus or minus 0.03.
(c) Additional Quality Control Duties Required By the Contractor:
• Provide and designate an individual who shall be present at the placement site at all times during concrete
placements,and who is authorized and responsible for acceptance and rejection of materials.
• Reject loads that arrive at the jobsite without a batch ticket.
• Reject the load if the materials in any load are outside the specified limits of the mix proportions.
• Require the truck driver to record on the batch ticket and initial the amounts of water added in transit and at the
jobsite.
• Reject plastic concrete that is outside of the specified limits.
00757.31 Certification or Training-All personnel,including the quality control technician,involved in the
placement of the pervious concrete pavement shall be certified through the National Ready Mixed Concrete Association
(NRMCA) Pervious Concrete Contractor Certification Program or attend an approved training course. At least one
person on the placement crew shall have a Craftsman certification or equivalent.
Construction
00757.40 Weather Limitations-Coordinate all operations involved in constructing the pavement so the work
will result in a finished pavement conforming to the Specifications regardless of the daily or seasonal variations in weather,
temperature and humidity under which the work is permitted to proceed. Do not place PCC during periods of rain.Do
not place PCC on frozen bases,or when descending air temperature falls below 35°F.Placement shall not resume until
ascending air temperature reaches 35°F.Measure air temperature in the shade and away from artificial heat. Protect the
pavement from weather damage.Protect unhardened PCC from precipitation with protective material.When PCC is
being placed during cold weather,and the air temperature is forecast to drop below 33°F,prevent the PCC from freezing
for a minimum of seven days after placing. Remove and replace weather-damaged pavement at no expense to the
Agency.
00757.41 Preparation of Base-Before paving operations begin,bring the base to the finished condition required
by the Specifications. If the equipment used by the Contractor requires additional width for support,provide the support
necessary to assure the equipment maintains proper grade and cross section. Manholes,inlets and other such structures
shall be completed,adjusted,cured and otherwise prepared,as applicable.Make and ready to have concrete placed in
contact with them.Prepare manhole frames and other independent metal structures in the pavement area with an
approved bond-preventing agent.
00757.42 Construction Widths—The Contractor shall be restricted to pavement placement widths of a
maximum of 15 feet unless the Contractor can demonstrate competence to provide pavement placement widths greater
than the maximum specified to the satisfaction of the Engineer. If the Contractor proposes a method of placement other
than that shown or specified,the Contractor shall bear all costs to implement the change.Any changes require the
Engineer's approval.
00757.46 Placing Concrete-Place concrete in accordance with ACI 522.1,by either the slip form method as
described in (a),(b), (c)and (d)below,or by the stationary side form method as described in (e)below.
(a) Delivery To Spreader-Deliver the concrete from the hauling vehicles to the placer/spreader hopper on the
shoulder area.Do not permit equipment hauling concrete on the subgrade or on the base.,except for a minimum number
of approved right angle or near right angle crossings.Correct any damage to the subgrade or base due to the Contractor's
operations,at the Contractor's expense,to the satisfaction of the Engineer. Keep the surface of the subgrade or base moist
in front of the paving operation.
(b) One Lift-Place the concrete in final position by the slipform method in one lift,so a minimum of finishing will be
necessary to provide a dense,homogenous pavement conforming to true grade and cross section.
(c) Two Separate Machines-Except for concrete pavement to be placed and finished near obstructions,place the
concrete with two separate machines,one a placer/spreader and one a slipform paver.The machines shall operate in
tandem and spread,consolidate,and screed the freshly placed concrete in one pass with no hand finishing.Where
impractical to use,a placer/spreader is not required.
(d) Continuous Forward Motion-Coordinate all operations of mixing,delivering and spreading concrete to provide
uniform progress.Operate the slipform paver with as nearly continuous forward movement as possible. Hold stopping
and starting the paver to an absolute minimum.If,for any reason,it is necessary to stop the forward motion of the paver,
immediately stop the vibratory elements.Apply no external force to the paver.
(e) Stationary Side Form Method-Place the PCC between stationary side forms by means that will prevent
segregation of constituents of the PCC,displacement or deformation of the forms or base,forming of piles,and unequal
consolidation. Spread and distribute the PCC to fill all corners and spaces with PCC and leave it at such height that after
consolidation it will be at specified grade and cross section.Spread the PCC against and along the forms with care to avoid
displacement of the forms. Use shovels or muckrakes,not rakes,for hand spreading and distributing.Do not foul the
PCC with foreign matter. After being placed,strike-off and compact the PC;C with equipment conforming to the
requirements of 00757.23. Perform the operations above within 15 minutes after the PCC is placed. Maintain a roll of
PCC ahead of the screed for the entire width of pavement being placed.The strike-off and compacting shall leave a
surface of uniform texture,true to grade and cross section. Equipment shall be in good mechanical condition at all times
and be adjusted for wear at the direction of the Engineer.Keep forms and other controls of line and grade clean and true
to line and grade.
(f) Compaction—Provide sufficient compactive effort immediately following the strike-off operation.
(g) Reject Concrete Material-Reject concrete if it:
• Is not in place within one hour after being mixed.Ninety minutes when delivered in ready mix truck,unless
using an admixture to delay initial set of concrete. Then time to reject is increased to 120 minutes.
• Has begun to take an initial set before placement
(h) Protect Surface-Equip supports of equipment which ride on previously placed pavement to meet the requirements
of 00757.60,to prevent marring,edge breaking,or chipping of the previously placed pavement.
(i) Hand Operated Equipment- Use shovels and muckrakes,not rakes,for hand spreading and distributing.Do not
foul the concrete with foreign matter,nor disturb joint devices during such operations. Hand operated mechanical
vibrators shall not be used.
(j) Illumination-During hours of darkness,adequately illuminate work areas at the Contractor's expense.
00757.47 Test Strip—Construct a test strip of pervious concrete pavement. Do not perform paving on the
Project until the test strip is evaluated according to 00757.14. Additional test strips shall be required if the Contractor
proposes to change mix design,methods and/or equipment.
00757.48 Joints:
(a) General-Construct joints of the kinds shown and where shown or directed.Joint types in the concrete pavement
will be contraction,construction or expansion.They shall be transverse or longitudinal,as shown or directed.Extend all
joints to pavement edges or to each other. Joints shall not vary from specified or indicated line by more than 1/4 inch.
(b) Longitudinal Joints- If the Contractor elects to pour the entire width of pavement at one time,construct the
longitudinal joint as shown.Longitudinal joints shall be the contact type or weakened plane type as shown:
(1) Longitudinal Contact Joints- Construct longitudinal contact joints when concrete is placed against hardened
concrete regardless of age,or between strips of pavement.
(2) Longitudinal Weakened Plane Joints-Construct weakened plane joints by sawing to the depths and
maximum width shown.Perform sawing as soon as the concrete has set enough to permit sawing without tearing or
raveling.Saws may be single or tandem,as the Contractor elects,and be controlled by guides to true line. If the top
width of sawed joints exceeds 1/4 inch,fill the joint with a poured joint filler.
(e) Construction Joints-Construct construction joints when there is an interruption of 20 minutes in the concrete
placing operations. The new concrete placed against the joint shall conform closely to the proportions and consistency of
the previously placed concrete except vibrate and consolidate it to a greater degree and with more care than normal.
Unless otherwise shown,do not construct construction joints within 10 feet of a transverse expansion or contraction joint.
If sufficient concrete has not been mixed at the time of interruption to form a slab at least 10 feet long,remove the
concrete back to the last joint and dispose of as directed.
(d) Contraction Joints-Construct all contraction joints by sawing. Perform sawing as soon as the concrete has set
enough to permit sawing without tearing or raveling. Create contraction joints at intervals shown on the drawings.
Vacuum the slurry from the saw cutting. Flood concrete surface with water after removing polyethylene film and before
beginning sawing. Keep the exposed concrete surface continuously wet until the plastic sheeting is replaced. Once
sawing is completed and just before re-applying polyethylene film,flood entire area again with water. Wash areas where
remaining cutting slurry that cannot be vacuumed is present to disperse material as much as possible.
00757.50 Water Test —After strike-off and compaction,test the surface of the concrete to verify the material is
pervious. Pour 1 pint of water on the surface to demonstrate there is no ponding of water, If ponding occurs,cease
operations until corrections are made. Testing shall be done at the beginning and mid-point of each day's production.
0075752 Edge Tooling and Filling-Tool edges at construction joints of new pavement and clean joints of
previously placed concrete to remove laitance and mortar resulting from finishing operations,and to provide clean
rounded edges without ridges on the surface.Perform tooling of edges at construction joints so that no less than a 1/4
inch radius is produced. Fill any areas of minor honeycomb or other minor defect in composition of the concrete along
the exposed sides of concrete with a stiff mortar of cement and fine aggregate,and apply to the moistened concrete to the
satisfaction of the Engineer.Remove and replace areas showing serious defects in composition of the concrete with
specified quality concrete for full panel width between longitudinal joints or edges,and for a length not less than 10 feet.
00757.53 Curing Concrete-Immediately after the strike-off,compaction,and edging have been completed,and
while the concrete surface is still moist,cure the entire exposed surface of the newly placed concrete for at least 7 days.
Use the following:
(a) Liquid Membrane-Forming Compounds-Liquid membrane-forming compounds shall not be used on the
pervious concrete.
(b) Other Coverings-Apply clear or white polyethylene film to damp concrete as soon as it can be placed without
marring the surface.Place the membrane in contact with the surface,extend beyond the sides or edges of the slabs or
forms,and weight down as required to hold it in position as a waterproof and moisture proof covering.Laps shall be
sufficient to maintain tightness. Twenty-four hours after applying the polyethylene film,remove and spray surface of
concrete with water and immediately replace film.
00757.54 Pavement Cracks-Within 28 days after concrete placement and before opening the pavement to
public traffic,the Engineer will perform a pavement crack survey. Clean the pavement before the crack survey.Pavement
with uncontrolled longitudinal or transverse cracks which are visible without magnification will be considered
unacceptable and be repaired or removed as determined by the Engineer.All remedial work shall be at the Contractor's
expense.
00757.55 Surface Tolerance,Testing,and Correction-Perform straightedge testing according to 00757.55(a).
Furnish and operate the equipment as soon as the hardness of the concrete permits.
(a) Straightedge Testing and Tolerance-Perform longitudinal and transverse smoothness testing of the pavement
surface with a 12 foot straightedge.The extent of the testing will be as the Engineer determines necessary or expedient.
The pavement surface shall not deviate from the straightedge at any point by more than 3/8 inch for all areas that are
constructed for use as traffic lanes. Other areas shall not deviate by more than 1/2 inch.
(b) Failure To Meet Straightedge Requirements—Correct any segment that exceeds the requirements of(a) above.
Profile with abrasive grinders,equipped with a cutting head comprised of multiple diamond blades.
00757.56 Pavement Thickness-Construct the pavement to the thickness shown.Pavement not so constructed
will be subject to replacement according to 00757.57,or to payment at adjusted prices according to 00757.93.
(a) Coring Requirements-Perform required coring,or coring requested by the Engineer,at the Contractor's expense
and according to AASI ITO T 24(ASTM C42).Repair core holes as directed at the Contractor's expense. Cores will be
measured by the Engineer according to AASHTO T 148(ASTM C174)and the measurements reported to the nearest 0.1
inch.
(b) Cores Requested By Contractor-If the Contractor believes that a depth measurement of a core is not
representative of the actual pavement thickness,the Contractor may take a replacement core. Take replacement cores at a
location as directed, 10 feet from the core site in question and the same distance from centerline.The replacement core
measurement will replace the original core measurement.
(c) Thickness Over 1.0 Inch Deficient-If a core determined by 00757.56(x),shows pavement over 1.0 inch deficient,
obtain additional cores."fake these additional cores at the same distance from the centerline and 25 foot intervals each
direction from the first core until a core in each direction shows pavement 1.0 inch deficient or less.These two core
locations will be considered the limits of the pavement more than 1.0 inch deficient.The pavement panel between these
two cores will represent the area of pavement subject to removal and replacement under 00757.57 or no payment under
00757.93.
00757.57 Deficient Pavement-Remove and replace pavement deficient in thickness by more than 1.0 inch as
determined in 00757.56(c),at the Contractor's expense. If permitted by the Engineer,the pavement may be left in place
without payment.Replacement pavement shall be of the specified design and quality as follows:
• Be the full width of the pavement panel involved
• Extend far enough to replace at least a 20 foot length
• Extend to the construction joint if closer than 20 feet to a construction joint
00757.58 Deficient Void Structure-Remove and replace pavement deficient in void structure by more than 2
percent as determined in 00757.14,at the Contractor's expense. If permitted by the Engineer,the pavement may be left in
place without payment.Replacement pavement shall be of the specified design and quality. Replacement criteria shall be
as shown in 00757.57.
Maintenance
00757.60 Protection of Concrete-Erect and maintain suitable barriers to protect the concrete from traffic or
other detrimental trespass until the pavement is opened to traffic. If necessary provide watchmen.Repair or replace any
part of the pavement damaged by traffic or damaged from any other cause before its official acceptance,according to
00170.80.
00757.61 Opening to Construction Equipment or Traffic-Do not operate construction equipment on newly
placed concrete until the requirements of(a), (b),and(c) are met Do not allow public traffic on newly placed concrete.
until all of the following requirements are met:
(a) The Contractor complies with 00150.60.
(b) The concrete attains a compressive strength of at least 70%of the specified 28 day strength as determined by at least
three cores,sampled and tested according to AASHTO T24..
(c) The surface of the concrete is protected from scarring or abrasion and kept free of stones,loose mortar and other
matter apt to be deleterious to the concrete in the paths of equipment.
(d) The pavement meets all of the requirements of 00757.53 and 00757.55.
Measurement
00757.80 Measurement-The accepted quantities of pervious concrete pavement will be measured by the square
yard.The area will be determined by measuring the width and length of each separately constructed panel of pavement.
The width is the design width or measured edge-to-edge width on the surface of the pavement whichever is less.The
length is the horizontal measurement from end to end of pavement along the center line of the strip. The measurement
of extra thickness of pavement,as shown or as ordered,will be determined by conversion on a proportionate volume
basis to an equivalent number of square yards of specified thickness pavement.
Payment
00757.90 Payment-The accepted quantities of pervious concrete pavement will be made at the Contract unit
price,per square yard,for the following item:
Pay Item
(a) Pervious Concrete Sidewalk,4 Inches
(b) Pervious Concrete Driveway,6 Inches
Payment will be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor,training,
test strips,and incidentals necessary to complete the work as specified. Payment also includes construction of sidewalk
ramps and furnishing and installing truncated domes as specified in 00759.12.
00757.93 Price Adjustment for Variation in Thickness-No additional payment over the Contract unit price
will be made for pavement having a thickness greater than shown or ordered by the Engineer. When the pavement is
found deficient in thickness by more than 5 mm(0.2 inch) ,but not more than 25 mm(1.0 inch),as determined according
to 00757.56,payment will be made at an adjusted price according to the following table:
Deficiency in Proportional Part of Contract
Thickness (Inch) Unit Price Allowed
0.00 to 0.30 100%
0.31 to 0.75 80%
0.76 to 1.00 60%
No payment will be made for any area of pavement found deficient in thickness by more than 1.0 inch even though such
pavement is permitted by the Engineer to remain in place under the provisions of 00757.57.
00757.94 Price Adjustment for Variation in Void Structure-No additional payment over the Contract unit
price will be made for pavement having a void percentage greater than specified. When the pavement is found deficient in
void percentage by more than one half percentage,but not more than three percent,payment will be made at an adjusted
price according to the following table:
Deficiency in Proportional Part of Contract
Void Structure Unit Price Allowed
0.0 to 1.0 100%
1.1 to 2.0 80%
2.1 to 3.0 60%
No payment will be made for any area of pavement found deficient in void structure by more than 3.0 percent even
though such pavement is permitted by the Engineer to remain in place under the provisions of 00757.58.
00757.95 Multiple Price Adjustments—If price adjustments are made under 00757.93 and 00757.94,each
adjustment will be calculated separately.Then the deduction results shall be combined to arrive at the final price
adjustment.
Section 00759—Miscellaneous Portland Cement Concrete Structures
Comply with Section 00759 of the Standard Specifications.
Section 00905—Miscellaneous Portland Cement Concrete Structures
Comply with Section 00905 of the Standard Specifications modified as follows:
00905.80 Measurement—Remove this subsection and add the following.
Removal and reinstall existing sign will be measured on a per Each (EA)basis.
00905.80 Measurement—Remove this subsection and add the following.
(a) Remove and Replace Existing Signs.......................................Each
Payment will be payment in full for furnishing and placing all materials,and for furnishing all labor,equipment and
incidentals necessary to complete the work as specified. Payment includes removal of existing sign and post,temporary
relocation as required and final placement on new sign post.
Section 01030-Seeding
Comply with Section 01030 of the Standard Specifications modified as follows:
01030.80 Measurement—Remove this subsection and add the following-
The
ollowingThe quantities of seeding and associated work performed under this Section will be measured on a lump sum basis.
Estimated seeding quantity 2000 square feet
01030.90 Payment—Add the following:
(n) Seeding.........................................................................................Lump Sum
Item(n) shall include but is not limited to placement of seed in all disturbed areas including new drainage ditch and areas
that are disturbed and exposed to native soil.
Payment shall include but is not limited to mobilizations,soil preparation,topsoil,fertilizing,mulching,applying tacking
agent,seeding,and temporary watering.
Section 01070—Mailbox Supports
Comply with Section 01070 of the Standard Specifications.
ATTACHMENT M—ADDITIONAL FEDERAL AND CDBG REQUIREMENTS
CITY OF TiGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
Contract Clauses Required in All Community Development Block Grant (CDBG) Construction
Projects
This contract and the work it will carry out is being funded in whole or in part with funding from
the U.S. Department ofHousing and Urban Development through the Washington County Office
of Community Development CDBG program.
1. Access to Records and Retention of Records
The Communitv Development Block Grant (CDBG) recipient,Washington County Office of Community
Development, the U.S. Department of Housing and Urban Development (HUD), the Comptroller General
of the United States, or any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of the contractor which are directly pertinent to this contract, for the
purpose of making audit, examination, excerpts, and transcriptions. All required records must be maintained
by the contractor for four years after the recipient makes final payments and all other pending matters are
closed.
2. Section 3 of the Housing and Community Development Act
(11pplit'al5le to coaraels1sulwontrads o/'S 100,000 or illoirJND x1jen thetn(#)tg recipient has receired$200,000 or'111olie
in CDBG andlor other federal fitndil�g.)
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).The purpose of Section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-
income persons,particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent them from complying with the part
135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking applications for
each of the positions; and the anticipated date the work shall begin,
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a fielding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in
24 CFR part 135.
E. The contractor will certify that any vacant employment positions,including training positions, that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were
not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
Contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section
7(b).
3. Emerging-Small ESB), Minority-owned (MBE) and Women-owned ()YBE) Business
Enterprises
(/Ipplicable to contract 1 subcontractr of x'25,000 or wore in CDBG andl or other f rnding.)
Affirmative steps must be taken to assure that emerging small, minority and women-owned businesses and
firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction
and services. Affirmative steps shall include the following:
❑ Include any such qualified firms on solicitation lists.
❑ Assure that such firms are solicited whenever they are potential sources.
❑ When economically feasible, divide total requirements into smaller tasks or quantities so as to
permit such firms maximum opportunities for participation through subcontracting.
❑ Where possible, establish delivery schedules which will encourage such participation.
❑ Use the services and assistance of the Small Business Administration, the Office of Minority,
Women and Emerging Small Business (State of Oregon) and other sources when appropriate.
4. Prohibition on the Use of Federal Funds for Lobbying (Applicable to federally funded contracts1 subcontracts
of x'100,000+)
The contractor hereby certifies that:
a. No federal funds have been paid or will be paid,by or on behalf of Washington County Office of
Community Development, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant,loan, or cooperative agreement.
b. If any funds other than federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this federal contract,
grant,loan, or cooperative agreement, the local government shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
5. Lead-Based Paint
The use of lead-based paint on any interior or exterior surface is prohibited. For properties constructed
prior to 1978, the construction work performed under this contract is subject to the Lead-Based Paint
Regulations adopted by the Department of Housing and Urban Development (24 CFR Part 35) and by the
State of Oregon (OAR 333.069).
6. Equal Employment Opportunity
Contractor shall comply with the requirements of Executive Order 11246, "Equal Employment
Opportunity," as amended by Executive Orders 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Chapter 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"which
provide that no person shall be discriminated against on the basis of race, color, religion, sex or national
origin in all phases of employment during the performance of federal or federally assisted construction
contracts. Contractors and subcontractors on federal and federally assisted construction contracts shall take
affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising.
7. Copeland "Anti-Kickback" Act
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 USC 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Contractor and all
subcontractors shall be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he is otherwise
entitled.
8. Davis-Bacon Act (-Ipplicable to CDBG contracts fbr constrlaction or rehabilitation of boiifhig containing eigbt or more
CDBG-assisted units;any public facility or public improvement contract eaviceeding, 2,000;applicable to HOME contracts for
construction of rebabilitation of twelve or more HOME-assisted units.)
All laborers and mechanics employed by contractors or subcontractors on construction work assisted under
this part shall be paid wages at rates not less than those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 USC 276a-
276a-5), and shall receive overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 USC 327-333), and the contractors and subcontractors
shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards.
9. Contract Work Hours and Safety Standards Act
In compliance with Sections 102 of the Contract Work Hours and Safety Standards Act (40 USC. 327-333),
as supplemented by Department of Labor regulations (29 CFR part 5), each contractor/subcontractor shall
compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work
in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not
less than 1 ii times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. In
compliance with Section 107 of the Act, no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
10. Clean Air Act and the Federal Water Pollution Control Act
(/lpplicable to federally funded contracts and subcontracts in excess of$100,000
This contract is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the
Federal Water Pollution Control Act, as amended, 33 USC 1857 et seq., and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time.
Contractor and any of its subcontractors agree to the following requirements:
1) A stipulation by the contractor and subcontractors that any facility to be utilized in the performance of
any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the
Environmental Protection Agency (EPA) pursuant to 40 CFR 32;
2) Agreement by the contractor to comply with all requirements of Section 114 of the Clean Air Act, as
amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33
USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations and guidelines thereunder;
3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA,indicating that a facility utilized
or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities;
and
4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in
paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the contractor
will take such action as the government may direct as a means of enforcing such provisions. In no event
shall any amount provided under this contract be utilized with respect to a facility which has given rise to a
conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution
Control Act.
11. Debarment and Suspension
Contractor certifies that neither it nor any of its employees or subcontractors are parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with Executive Orders 12549 and 12689, "Debarment and Suspension," as set
forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded
by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O.
12549. Contractor must provide a current SAM registration and DUNS number.
12. Termination of Contract
12a. Termination by Owner.•
1) Without Cause
This contract and the work it will carry out is being funded in whole or in part with funding from the U.S.
Department of Housing and Urban Development through the Washington County Office of Community
Development CDBG program.
The owner may terminate this contract:
1) In the event that the grant funds are rescinded in part or in whole; or
2) If the work is stopped under an order of any court, or other public authority, for a period of thirty
(30) calendar days, through no act or fault of the owner, owner's employees, or legal representatives.
2) With Cause
The owner may terminate this contract if the contractor is in substantial breach of the provisions contained
in the contract documents and/or repeatedly fails to:
• Comply with federal, state, and local laws and regulations;
• Provide for the safety of all occupants and public at large during the execution of the work;
• Properly pay subcontractors or suppliers for material or labor;
• Correct defective work; or
• Progress in a timely manner which demonstrates that the contractor can complete the project within the
specified time-frame.
The contractor,upon receipt of written notice from the owner to terminate this contract, shall:
1) Cease operation in a manner that protects and preserves work already performed.
2) Instruct all subcontractors to cease work and cancel all special orders with suppliers.
3) Leave the work site in a condition that is free of hazards to occupants and the public.
If the owner terminates the contract, the contractor may be eligible to receive payment for all work
completed, and for material orders already in progress and for which cancellation is not possible. Payment is
contingent upon the same inspection and approval procedures by owner and grantor as specified for
progress payments. If the owner terminates this contract with cause, the owner may withhold payment until
all work is otherwise completed by reasonable means determined by owner. If the unpaid balance of this
contract is not sufficient to cover reasonable costs incurred by the owner to complete the work, the
contractor shall pay the difference to the owner. If the unpaid balance of this contract is in excess of the
reasonable costs incurred by the owner to complete the work, then the owner shall pay the difference to the
contractor. Reasonable costs include architect fees, administrative fees, and other expenses made necessary
by the above causes.
12b. Termination by Contractor
Contractor may terminate this contract if:
• Work is stopped under an order of any court, or other public authority, for a period of thirty (30) calendar
days, through no act or fault of the contractor, contractor's employees, subcontractors, or other persons or
agents performing work under direct or indirect contract with the contractor;
• Work is stopped due to a declared state of emergency by government action;
• Owner fails to make payment within the time-frame and conditions stated in the Contract Documents,
• Owner repeatedly, through no fault of the contractor, contractor's employees, subcontractors, or other
persons or agents performing work under direct or indirect contract with the contractor, causes delay of the
work; and, such delay constitutes in excess of 100 percent of the total number of days scheduled for
completion of the work specified in the Contract Documents.
12c. Termination by Alntual Consent
Both parties may terminate this contract by mutual written consent.
General Decision Number: OR170001 08/11/2017
Superseded General Decision Number: OR20160001
State: Oregon
Construction Type: Highway
Counties: Oregon Statewide.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the E0, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.20 (or the applicable wage rate
listed on this wage determination, if it is higher) for all
hours spent performing on the contract in calendar year 2017.
The EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
1 01/13/2017
2 02/03/2017
3 02/17/2017
4 03/10/2017
5 03/31/2017
6 05/05/2017
7 05/19/2017
8 06/16/2017
9 06/30/2017
10 07/21/2017
11 08/11/2017
BROR0001-006 06/01/2017
BAKER, BENTON (NORTH) , CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM,
HARNEY, HOOD RIVER, LINCOLN (NORTH) , LINN (NORTH) , MALHEUR
(NORTH) , MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK,
UMATILLA, UNION, WALLOWA, WASCO (NORTH) , WASHINGTON AND YAMHILL
COUNTIES
Rates Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 36.03 20.81
----------------------------------------------------------------
BROR0001-007 06/01/2017
BENTON (SOUTH) , CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON,
KLAMATH, LAKE, LANE, LINCOLN (SOUTH) , LINN (SOUTH) , MALHEUR
(SOUTH) , WASCO (SOUTH) AND WHEELER COUNTIES
Rates Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 36.03 20.81
----------------------------------------------------------------
CARP9001-001 06/01/2012
ZONE 1:
Rates Fringes
Carpenters:
CARPENTERS. . . . . . . . . . . . . . . . . .$ 32. 61 14 .44
DIVER STANDBY. . . . . . . . . . . . . . .$ 34 .42 14.44
DIVERS TENDERS. . . . . . . . . . . . . .$ 36. 97 14.44
DIVERS. . . . . . . . . . . . . . . . . . . . . .$ 78.38 14 .44
MANIFOLD AND/OR
DECOMPRESSION CHAMBER
OPERATORS. . . . . . . . . . . . . . . . . . .$ 30.28 14 .44
MILLWRIGHTS. . . . . . . . . . . . . . . . .$ 33.11 14.44
PILEDRIVERS. . . . . . . . . . . . . . . . .$ 33. 61 14.44
DEPTH PAY:
50 to 100 feet $1.00 per foot over 50 feet
101 to 150 feet 1.50 per foot over 101 feet
151 to 200 feet 2.00 per foot over 151 feet
Zone Differential (Add to Zone 1 rates) :
Zone 2 - $0.85
Zone 3 - 1.25
Zone 4 - 1.70
Zone 5 - 2.00
Zone 6 - 3.00
ZONE 1 - All jobs or projects located within 30 miles of the
respective City Hall
ZONE 2 - More than 30 miles and less than 40 miles from the
respective City Hall
ZONE 3 - More than 40 miles and less than 50 miles from the
respective City Hall
ZONE 4 - More than 50 miles and less than 60 miles from the
respective City Hall
ZONE 5 - More than 60 miles and less than 70 miles from the
respective City Hall
ZONE 6 - More than 70 miles from the respective City Hall.
BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS,
PILEDRIVERS AND DIVERS)
ALBANY ASTORIA BAKER
BEND BROOKINGS BURNS
COOS BAY CORVALLIS EUGENE
GOLDENDALE GRANTS PASS HERMISTON
HOOD RIVER KLAMATH FALLS LAGRANDE
LAKEVIEW LONGVIEW MADRAS
MEDFORD McMINNVILLE NEWPORT
OREGON CITY ONTARIO PENDLETON
PORTLAND PORT ORFORD REEDSPORT
ROSEBURG SALEM ST. HELENS
THE DALLES TILLAMOOK VANCOUVER
BASEPOINTS FOR MILLWRIGHTS
EUGENE NORTH BEND LONGVIEW
PORTLAND MEDFORD THE DALLES
VANCOUVER
BASEPOINTS FOR PILEDRIVERS AND DIVERS
ASTORIA BEND COOS BAY
EUGENE KLAMATH FALLS LONGVIEW
MEDFORD NEWPORT PORTLAND
ROSEBURG SALEM THE DALLES
----------------------------------------------------------------
* ELEC0048-006 01/01/2017
CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK,
WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 44.22 21.50
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 40.20 22.18
HOURLY ZONE PAY:
Hourly Zone Pay shall be paid on jobs located outside of the
free zone computed from the city center of the following
listed cities:
Portland, The Dalles, Hood River, Tillamook, Seaside and
Astoria
Zone Pay:
Zone l: 31-50 miles $1.50/hour
Zone 2: 51-70 miles $3.50/hour
Zone 3: 71-90 miles $5.50/hour
Zone 4: Beyond 90 miles $9.00/hour
*These are not miles driven. Zones are based on Delorrne
Street Atlas USA 2006 plus.
----------------------------------------------------------------
ELEC0112-001 06/01/2017
BAKER, GILLIAM, GRANT, MORROW, UMATILLA, UNION, WALLOWA, AND
WHEELER COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 42. 95 20.06
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 40. 90 20.06
----------------------------------------------------------------
ELECO280-003 01/01/2017
BENTON, CROOK, DESCHUTES, JEFFERSON, LANE (EAST OF A LINE
RUNNING NORTH AND SOUTH FROM THE NORTHEAST CORNER OF COOS
COUNTY TO THE SOUTHEAST CORNER OF LINCOLN COUNTY) , LINN,
MARION, POLK AND YAMHILL (SOUTHERN HALF) COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 41.15 17.75
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 38.70 18.85
----------------------------------------------------------------
FLECO291-006 06/01/2017
MALHEUR COUNTY
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 32.19 6`�+11.76
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 29.26 6 +11.76
----------------------------------------------------------------
* ELEC0659-004 07/01/2017
DOUGLAS (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NE
CORNER OF COOS COUNTY TO THE SE CORNER OF LINCOLN COUNTY) ,
HARNEY, JACKSON, JOSEPHINE, KLAMATH AND LAKE COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 56.81 17.25
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 32.69 16.72
ZONE PAY: BASE POINTS ARE FROM THE DOWNTOWN POST OFFICE IN
GRANTS PASS, KLAMATH FALLS, ROSEBURG AND MEDFORD.
ZONE 1: 0-20 MILES $0.00 PER HOUR
ZONE 2: > 20-30 MILES $1.50 PER HOUR
ZONE 3: >30-40 MILES $3.30 PER HOUR
ZONE 4 : >40-50 MILES $5.00 PER HOUR
ZONE 5: >50-60 MILES $6.80 PER HOUR
ZONE 6: >60 MILES $9.50 PER HOUR
*THESE ARE NOT MILES DRIVEN. zONES ARE BASED ON DELORNE
STREET ATLAS USA 5.0.
----------------------------------------------------------------
ELEC0932-004 01/01/2017
COOS, CURRY, LINCOLN, DOUGLAS AND LANE COUNTIES (AREA LYING
WEST OF A LINE NORTH AND SOUTH FROM THE N.E. CORNER OF COOS
COUNTY TO THE S.E. CORNER OF LINCOLN COUNTY)
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 36.80 16. 90
----------------------------------------------------------------
ENGI0701-005 01/01/2017
ZONE 1:
POWER EQUIPMENT OPERATORS (See Footnote C)
Rates Fringes
POWER EQUIPMENT OPERATOR
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 39. 90 14. 10
GROUP IA. . . . . . . . . . . . . . . . . . . .$ 41. 90 14. 10
GROUP IB. . . . . . . . . . . . . . . . . . . .$ 43.89 14. 10
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 37. 99 14. 10
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.84 14.10
GROUP 4 . . . . . . . . . . . . . . . . . . . . .$ 35.76 14.10
GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 34 .52 14 .10
GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 31.30 14.10
Zone Differential (add to Zone 1 rates) :
Zone 2 - $3.00
Zone 3 - $6.00
For the following metropolitan counties: MULTNOMAH;
CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA;
CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS
INDICATED:
All jobs or projects located in Multnomah, Clackamas and
Marion Counties, West of the western boundary of Mt. Hood
National Forest and West of Mile Post 30 on Interstate 84
and West of Mile Post 30 on State Highway 26 and West of
Mile Post 30 on Highway 22 and all jobs or projects located
in Yamhill County, Washington County and Columbia County
and all jobs or porjects located in Clark & Cowlitz County,
Washington except that portion of Cowlitz County in the Mt.
St. Helens "Blast Zone" shall receive Zone I pay for all
classifications.
All jobs or projects located in the area outside the
identified boundary above, but less than 50 miles from the
Portland City Hall shall receive Zone II pay for all
classifications.
All jobs or projects located more than 50 miles from the
Portland City Hall, but outside the identified border
above, shall receive Zone III pay for all classifications.
For the following cities: ALBANY; BEND; COOS BAY; EUGENE;
GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG
All jobs or projects located within 30 miles of the
respective city hall of the above mentioned cities shall
receive Zone I pay for all classifications.
All jobs or projects located more than 30 miles and less than
50 miles from the respective city hall of the above
mentioned cities shall receive Zone II pay for all
classifications.
All jobs or projects located more than 50 miles from the
respective city hall of the above mentioned cities shall
receive Zone III pay for all classifications.
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
Group 1
Concrete Batch Plan and or Wet mix three (3) units or more;
Crane, Floating one hundred and fifty (150) ton but less
than two hundred and fifty (250) ton; Crane, two hundred
(200) ton through two hundred ninety nine (299) ton with
two hundred foot (200' ) boom or less (including jib,
inserts and/or attachments) ; Crane, ninety (90) ton through
one hundred ninety nine (199) ton with over two hundred
(200' ) boom Including jib, inserts and/or attachments) ;
Crane, Tower Crane with one hundred seventy five foot
(1751 ) tower or less and with less than two hundred foot.
(200' ) jib; Crane, Whirley ninety (90) ton and over;
Helicopter when used in erecting work
Group 1A
Crane, floating two hundred fifty (250) ton and over; Crane,
two hundred (200) ton through two hundred ninety nine
(299) ton, with over two hundred foot (200' ) boom
(including jib, inserts and/or attachments) ; Crane, three
hundred (300) ton through three hundred ninety nine (399)
ton; Crane, Tower Crane with over one hundred seventy five
foot (175' ) tower or over two hundred foot (200' ) jib;
Crane, tower Crane on rail system or 2nd tower or more in
work radius
Group IB
Crane, three hundred (300) ton through three hundred ninety
nine (399) ton, with over two hundred foot (200' ) boom
(including jib, inserts and/or attachments) ; Floating
crane, three hundred fifty (350) ton and over; Crane, four
hundred (400) ton and over
Group 2
Asphalt Plant (any type) ; Asphalt. Roto-Mill., pavement
profiler eight foot (8' ) lateral cut and over; Auto Grader
or "Trimmer"; Blade, Robotic; Bulldozer, Robotic Equipment
(any type) ; Bulldozer, over one hundred twenty thousand
(120, 000) lbs. and above; Concrete Batch Plant and/or Wet
Mix one (1) and two (2) drum; Concrete. Diamond Head
Profiler; Canal Trimmer; Concrete, Automatic Ship Form
Paver (Assistant to the Operator required) ; Crane, Boom
Truck fifty (50) ton and with over one hundred fifty foot
(150' ) boom and over; Crane, Floating (derrick barge)
thirty (30) ton but less than one hundred fifty (150) ton;
Crane, Cableway twenty-five (25) ton and over; Crane,
Floating Clamshell three (3) cu. Yds. And over; Crane,
ninety (90) ton through one hundred ninety nine (199) ton
up to and including two hundred foot (200' ) of boom
(including jib inserts and/or attachments) ; Crane, fifty
(50) ton through eighty nine (89) ton with over one hundred
fifty foot. (150' ) boom (including jib inserts and/or
attachments) ; Crane, Whirley under ninety (90) ton; Crusher
Plant; Excavator over one hundred thirty thousand (1.30, 000)
lbs. ; Loader one hundred twenty thousand (720, 000) lbs. and
above; Remote Controlled Earth Moving Equipment; Shovel,
Dragline, Clamshell, five (5) cu. Yds. And over; Underwater
Equipment remote or otherwise, when used in construction
work; Wheel Excavator any size
Group 3
Bulldozer, over seventy thousand (70, 000) lbs. up to and
including one hundred twenty thousand (120, 000) lbs. ;
Crane, Boom Truck fifty (50) ton and over with less than
one hundred fifty foot (150' ) boom; Crane, fifty (50) ton
through eighty nine (89) ton with one hundred fifty foot
(150' ) boom or less (including jib inserts and/or
attachments) ; Crane, Shovel, Dragline or Clamshell three
(3) cu. yds. but less than five (5) cu. Yds. ; Excavator
over eighty thousand (80, 000) lbs. through one hundred
thirty thousand (130, 000) lbs. ; Loader sixty thousand
(60, 000) lbs. and less than one hundred twenty thousand
(120, 000) lbs.
Group 4
Asphalt, Screed; Asphalt Paver; Asphalt Roto-Mill, pavement
profiler, under eight foot (8' ) lateral cut; Asphalt,
Material Transfer Vehicle Operator; Back Filling Machine;
Backhoe, Robotic, track and wheel type up to and including
twenty thousand (20, 000) lbs. with any attachments; Blade
(any type) ; Boatman; Boring Machine; Bulldozer over twenty
thousand (20, 000) lbs. and more than one hundred (100)
horse up to seventy thousand (70, 000) lbs. ; Cable-Plow (any
type) ; Cableway up to twenty five (25) ton; Cat Drill (John
Henry) ; Chippers; Compactor, multi-engine; Compactor,
Robotic; Compactor with blade self-propelled; Concrete,
Breaker; Concrete, Grout Plant; Concrete, Mixer Mobile;
Concrete, Paving Road Mixer; Concrete, Reinforced Tank
Banding Machine; Crane, Boom Truck twenty (20) ton and
under fifty (50) ton; Crane, Bridge Locomotive, Gantry and
Overhead; Crane, Carry Deck; Crane, Chicago Boom and
similar types; Crane, Derrick Operator, under one hundred
(100) ton; Crane, Floating Clamshell, Dragline, etc.
Operator, under three (3) cu. yds. Or less than thirty (30)
ton; Crane, under fifty (50) ton; Crane, Quick Tower under
one hundred foot (100' ) in height and less than one hundred
fifty foot (150' ) jib (on rail included) ; Diesel-Electric
Engineer (Plant or Floating) ; Directional Drill over twenty
thousand (20, 000) lbs. pullback; Drill Cat Operator; Drill
Doctor and/or Bit Grinder; Driller, Percussion, Diamond,
Core, Cable, Rotary and similar type; Excavator Operator
over twenty thousand (20, 000) lbs. through eighty thousand
(80,000) lbs. ; Generator Operator; Grade-all; Guardrail
Machines, i.e. punch, auger, etc. ; Hammer Operator
(Piledriver) ; Hoist, stiff leg, guy derrick or similar
type, fifty (50) ton and over; Hoist, two (2) drums or
more; Hydro Axe (loader mounted or similar type) ; Jack
Operator, Elevating Barges, Barge Operator, self-unloading;
Loader Operator, front end and overhead, twenty five
thousand (25, 000) lbs. and less than sixty thousand
(60, 000) lbs. ; Log Skidders; Piledriver Operator (not crane
type) ; Pipe, Bending, Cleaning, Doping and Wrapping
Machines; Rail, Ballast Tamper Multi-Purpose; Rubber-tired
Dozers and Pushers; Scraper, all types; Side-Boom; Skip
Loader, Drag Box; Strump Grinder (loader mounted or similar
type) ; Surface Heater and Planer; Tractor, rubber-tired,
over fifty (50) HP Flywheel; Trenching Machine three foot
(3' ) depth and deeper; Tub Grinder (used for wood debris) ;
Tunnel Boring Machine Mechanic; Tunnel, Mucking Machine;
Ultra High Pressure Water Jet Cutting Tool System Operator;
Vacuum Blasting Machine Operator; Water pulls, Water wagons
Group 5
Asphalt, Extrusion Machine; Asphalt, Roller (any asphalt
mix) ; Asphalt, Roto-Mill pavement profiler ground man;
Bulldozer, twenty thousand (20, 000) lbs. or less, or one
hundred (100) horse or less; Cement Pump; Chip Spreading
Machine; Churn Drill. and Earth Boring Machine; Compactor,
self-propelled without blade; Compressor, (any power) one
thousand two hundred fifty (1, 250) cu. ft. and over, total
capacity; Concrete, Batch Plant Quality control; Concrete,
Combination Mixer and compressor operator, gunite work;
Concrete, Curb Machine, Mechanical Berm, Curb and/or Curb
and Gutter; Concrete, Finishing Machine; Concrete, Grouting
Machine; Concrete, Internal Full Slab Vibrator Operator;
Concrete, Joint Machine; Concrete, Mixer single drum, any
capacity; Concrete, Paving Machine eight foot (8' ) or less;
Concrete, Planer; Concrete, Pump; Concrete, Pump Truck;
Concrete, Pumperete Operator (any type) ; Concrete, Slip
Form Pumps, power driven hydraulic lifting device for
concrete forms; Conveyored. Material Hauler; Crane, Boom
Truck under twenty (20) tons; Crane, Boom Type lifting
device, five (5) ton capacity or less; Drill, Directional
type less than twenty thousand (20,000) lbs. pullback; Fork
Lift, over ten (10) ton or Robotic; Helicopter Hoist; Hoist
Operator, single drum; hydraulic Backhoe track type up to
and including twenty thousand (20, 000) lbs. ; Hydraulic
Backhoe wheel type (any make) ; Laser Screed; Loaders,
rubber-tired type, less than twenty five thousand (25, 000)
lbs. ; Pavement Grinder and/or Grooving Machine (riding
type) ; Pipe, cast in place Pipe Laying Machine; Pulva-Mixer
or similar types; Pump Operator, more than five (5) pumps
(any size) ; Rail, Ballast Compactor, Regulator, or Tamper
machines; Service Oiler (Greaser) ; Sweeper Self-Propelled;
Tractor, Rubber-Tired, fifty (50) HP flywheel and under;
Trenching Machine Operator, maximum digging capacity three
foot (3' ) depth; Tunnel, Locomotive, Dinkey; Tunnel, Power
Jumbo setting slip forms, etc.
Group 6
Asphalt, Pugmill (any type) ; Asphalt, Raker; Asphalt, Truck
Mounted Asphalt Spreader, with Screed; Auger Oiler;
Boatman; Bobcat, skid steed (less than one (1) yard) ;
Broom, self-propelled; Compressor Operator (any power)
under 1,250 cu. ft. total capacity; Concrete Curing Machine
(riding type) ; Concrete Saw; Conveyor Operator or
Assistant; Crane, Tugger; Crusher Feederman; Crusher Oiler;
Deckhand; Drill, Directional Locator; Fork Lift; Grade
Checker; Guardrail Punch Oiler; Hydrographic Seeder
Machine, straw, pulp or seed; Hydrostatic Pump Operator;
Mixer Box (CTB, dry batch, etc. ) ; Oiler; Plant Oiler; Pump
(any power) ; Rail, Brakeman, Switchman, Motorman; Rail,
Tamping Machine, mechanical, self-propelled; Rigger; Roller
grading (not asphalt) ; Truck, Crane Oiler-Driver
----------------------------------------------------------------
IRON0029-004 07/01/2015
Rates Fringes
IRONWORKER. . . . . . . . . . . . . . . . . . . . . . .$ 34 .12 23.04
----------------------------------------------------------------
LAB00001-006 06/01/2014
Rates Fringes
Mason Tender/Hod Carrier
Tenders to Bricklayers,
Tile Setters, Marble
Setters and Terrazzo
Workers, Topping for
Cement Finishers and
Mortar Mixers. . . . . . . . . . . . . . .$ 27.44 13.10
----------------------------------------------------------------
LAB00003-003 06/01/2014
ZONE 1:
LABORERS (SEE FOOTNOTE C)
Rates Fringes
Laborers:
GROUP 1.. . . . . . . . . . . . . . . . . . . . .$ 26.43 13. 10
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 27.44 13.10
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 22.86 13. 10
Zone Differential (Add to Zone 1 rates) :
Zone 2 - $0.65
Zone 3 - 1. 15
Zone 4 - 1.70
Zone 5 - 2.75
ZONE 1 - All jobs or projects located within 30 miles of the
respective City Hall
ZONE 2 - More than 30 miles and less than 40 miles from the
respective City Hall
ZONE 3 - More than 40 miles and less than 50 miles from the
respective City Hall
ZONE 4 - More than 50 miles and less than 80 miles from the
respective City Hall
ZONE 5 - More than 80 miles from the respective City Hall.
BASEPOINTS:
ALBANY ASTORIA BAKER CITY
BEND BURNS COOS BAY
EUGENE GRAN'T'S PASS HERMISTON
KLAMATH FALLS MEDFORD PENDLETON
PORTLAND ROSEBURG SALEM
THE DALLES
LABORER CLASSIFICATIONS
GROUP 1: Applicator (including Pot Tender for same) applying
protective material by hand or nozzle on utility lines or
storage tanks on project, Asphalt Plant; Asphalt Spreader;
Batch Weighman; Broomers; Brush Burners and Cutters; Choker
Setter; Choker Splicer; Clary Power Spreader; Clean-up
Laborer; Clean up Nozzleman (concrete, rock, etc.) ;
Concrete Laborer; Crusher Feeder; Curing, Concrete;
Demolition, wrecking, and moving; Dopping and Wrapping
Pipe; Dumpman (for Grading Crew) ; Erosion Control
Specialist; Fine Graders; Fence Builders; Form Strippers;
Guard Rail, Median Rail., Barriers, Reference Post, Guide
Post, Right of Way Marker; Remote Control (Dry Pack
Machine, Jackhammer, Chipping Guns, Compaction, Paving
Breakers, Hand Held Concrete Saw, Demo Saw, Core Drill) ;
Precast Concrete Setter; Pressure Washer; Railroad Track
Laborer; Ribbon Setter; Rip Rap Map; Sand Blasting (Wet) ;
Scaffold Tender; Self Propelled Concrete Buggy; Sewer
Laborer; Sign Erector; Signalman; Scissor and Manlift;
Skipman; S1.opers; Sprayman; Stake Chaser; Stake Setter;
Tamper; Timber Faller and Bucker; Tool Operators (Hand
Held, Walk Behind)
GROUP 2: Asbestos Removal; Asphalt Rakers, Bit Grinder,
Concrete Core Drill, Concrete Pump Nozzleman, Concrete Saw
Operator (Walk Behind, Walk Saw, Rail Mounted, Wire) ; Drill
Operator; Grade Checker; Gunite Nozzleman; Hazardous Waste
Laborer; High Scalers; Laser Bean (Pipe Laying) ; Loop
Installation; Manhole Builder; Mold Remediation Laborer;
Nippers and Timberman; Pipelayer; Powderman; Power Saw
Operators (Bucking and Falling) ; Pumperete Nozzleman; Sand
Blasting (Dry) ; Sewer Timberman; Tugger Operator;
Vibrators; Water Blaster
GROUP 3: Final Clean-up(detailed clean-up, limited to
cleaning up floors, ceilings, walls, windows-prior to
acceptance by the owner) ; Fire Watch; Landscaper; Traffic
Flagger
FOOTNOTE C:
HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft
classifications subject to working inside a federally
designated Hazardous Waste perimeter shall be eligible for
compensation in accordance with the following group
schedule relative to the level of Hazardous Waste as
outline in the specific Hazardous Waste Project Site Safety
Plan:
H-1 Base Wage Rate when on a hazardous waste site when not
outfitted with protective clothing.
H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per
hour, fringes plus $0.15.
H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per
hour, fringes plus $0. 15.
H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per
hour, fringes plus $0. 15.
----------------------------------------------------------------
PAIN0055-002 07/01/2017
Rates Fringes
PAINTER
HIGHWAY & PARKING LOT
STRIPER. . . . . . . . . . . . . . . . . . . . .$ 34.87 11.46
----------------------------------------------------------------
PAIN0055-033 07/01/2017
Rates Fringes
PAINTER
BAKER, BENTON, CLATSOP,
CROOK, DESCHUTES, GRANT,
GILLIAM, HARNEY,
JEFFERSON, LAKE, LANE,
LINN, LINCOLN, MALHEUR,
MARION, POLK, TILLAMOOK,
SHERMAN, UNION, WHEELER
AND YAMHILL COUNTIES
High work-All work 60
feet or higher. . . . . . . . . . . . .$ 23.97 11.02
Painters. . . . . . . . . . . . . . . . . . .$ 22.47 10. 10
BENTON, LANE, LINN,
JEFFERSON, WHEELER, CROOK,
DESCHUTES, BAKER, MALHEUR,
GRANT, LAKE, LINCOLN,
HARNEY,CLATSOP, GILLIAM,
MARION, POLK, TILLAMOOK,
SHERMAN, UNION, AND
YAMHILL COUNTIES
Painters. . . . . . . . . . . . . . . . . . .$ 22.02 11.02
CLACKAMAS, COLUMBIA, HOOD
RIVER, MULTNOMAH, MORROW,
UMATILLA, WALLOWA, WASCO
AND WASHINTON COUNTIES
High work-All work 60
feet or higher. . . . . . . . . . . . .$ 24 .97 11.02
Painters. . . . . . . . . . . . . . . . . . .$ 23.02 11.02
JACKSON AND KLAMATH
COUNTIES
High Work-All Work 60
feet or higher. . . . . . . . . . . . .$ 21.97 11.02
Painters. . . . . . . . . . . . . . . . . . .$ 20.02 11.02
----------------------------------------------------------------
PLAS0555-OOIL 06/01/2017
ZONE 1:
Rates Frinues
Cement Masons: (ZONE 1)
CEMENT MASONS DOING BOTH
COMPOSITION/POWER
MACHINERY AND
SUSPENDED/HANGING SCAFFOLD. .$ 32.87 17.62
CEMENT MASONS ON
SUSPENDED, SWINGING AND/OR
HANGING SCAFFOLD. . . . . . . . . . . .$ 32. 19 17. 62
CEMENT MASONS. . . . . . . . . . . . . . .$ 31.50 17.62
COMPOSITION WORKERS AND
POWER MACHINERY OPERATORS. . .$ 32. 19 17.62
Zone Differential (Add To Zone 1 Rates) :
Zone 2 - $0. 65
Zone 3 - 1.15
Zone 4 - 1.70
Zone 5 - 3.00
BASE POINT'S: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND,
SALEM, THE DALLES, VANCOUVER
ZONE 1: Projects within 30 miles of the respective city hall
ZONE 2: More than 30 miles but less than 40 miles from the
respective city hall..
ZONE 3: More than 40 miles but less than 50 miles from the
respective city hall.
ZONE 4 : More than 50 miles but less than 80 miles from the
respective city hall.
ZONE 5: More than 80 miles from the respective city hall
----------------------------------------------------------------
TEAM0037-004 06/01/2017
ZONE l:
TRUCK DRIVERS (See Footnote C) :
Rates Fringes
Truck drivers:
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 27.94 14.37
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 28.06 14.37
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 28.19 14.37
GROUP 4 . . . . . . . . . . . . . . . . . . . . .$ 28 .46 14 .37
GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 28.68 14.37
GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 28.85 14 .37
GROUP "/. . . . . . . . . . . . . . . . . . . . .$ 29.05 14.37
Zone Differential (add to Zone 1 rates) :
Zone 2 - $0. 65
Zone 3 - 1. 15
Zone 4 - 1.70
Zone 5 - 2.75
Zone 1 - All jobs or projects located within 30 miles of the
respective City Hall
Zone 2 - More than 30 miles and less than 40 miles from the
respective City Hall
Zone 3 - More than 40 miles and less than 50 miles from the
respective City Hall
Zone 4 - More than 50 miles and less than 80 miles from the
respective City Hall
Zone 5 - More than 80 mile=s from the respective City Hall
BASEPOINTS:
ALBANY ASTORIA BAKER
BEND BINGEN BROOKINGS
BURNS COOS BAY CORVALLIS
EUGENE GOLDENDALE GRANTS PASS
HERMISTON HOOD RIVER KLAMATH FALLS
LAGRANDE LAKEVIEW LONGVIEW
MADRAS MEDFORD MCMINNVILLE
OREGON CITY NEWPORT ONTARIO
PENDLETON PORTLAND PORT ORFORD
REEDSPORT ROSEBURG SALEM
THE DALLES TILLAMOOK VANCOUVER
TRUCK DRIVER CLASSIFICATIONS
GROUP l: A-frame or hydra-lift truck w/load bearing surface;
Articulated dump truck; Battery rebuilders; Bus or manhaul
driver; Concrete buggies (power operated) ; Concrete pump
truck; Dump trucks, side, end and bottom dumps, including
semi-trucks and trains or combinations thereof: up to and
including 10 cu. yds. ; Lift jitneys, fork lifts (all sizes
in loading, unloading and transporting material on job
site) ; Loader and/or leverman on concrete dry batch plant
(manually operated) ; Lubrication man, fuel truck driver,
tireman, wash rack, steam cleaner or combination; Pilot
car; Pickup truck; Slurry truck driver or leverman; Solo
flat bed and misc. body truck, 0-10 tons; Team drivers;
Tireman; Transit mix and wet or dry mix trucks: 5 cu yds.
and under; Water wagons (rated capacity) up to 3, 000 gallons
GROUP 2: Boom truck/hydra-lift or retracting crane;
Challenger; Dumpsters or similar equipment-all sizes; Dump
trucks/articulated dumps 6 cu to 10 cu. ; Flaherty spreader
driver or leverman; Low bed equipment, flat bed semi-truck
and trailer or doubles transporting equipment or wet or dry
materials; Lumber carrier, driver-straddle carrier (used in
loading, unloading and transporting of materials on job
site) ; Oil distributor driver or leverman; Transit mix and
wet or dry mix trucks: over 5 cy yds and including 7 cu.
yds; Vacuum trucks; Water Wagons (rated capacity) over
3, 000 to 5, 000 gallons
GROUP 3: Ammonia nitrate distributor driver; Dump trucks,
side, end and bottom dumps, including semi-trucks and
trains or combinations thereof: over 10 cu. yds. and
including 30 cu. yds. , includes articulated dump trucks;
Self-Propelled street sweeper; Transit mix and wet or dry
mix trucks, over 7 cu. yds. and including 11 cu. yds. ;
truck mechanic-Welder-Body repairman; Utility and clean-up
truck; Water wagons (rated capacity) 5, 000 to 10, 000
gallons.
GROUP 4 : Asphalt Bruner; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains or combinations
thereof: over 30 cu. yds. and including 50 cu. yds.
includes articulated dump trucks; Fire guard; Transit Mix
and Wet or Dry Mix Trucks, over 11 cu. yds. and including
15 cu. yds. ; Water Wagon (rated capacity) over 10, 000
gallons to 15, 000 gallons
GROUP 5: Composite Crewman; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains or combinations
thereof: over 50 cu, yds. and including 60 cu. yds. ,
includes articulated dump trucks
GROUP 6: Bulk cement spreader w/o auger; Dry Pre-Batch
concrete mix trucks; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains of combinations
thereof: over 60 cu. yds. and including 80 cu. yds. and
includes articulated dump trucks; Skid truck
GROUP 7: Dump trucks, side, end and bottom dumps, including
semi-trucks and trains or combinations thereof: over 80
cu. yds. and including 1.00 cu. yds. includes articulated
dump trucks; Industrial lift truck (mechanical tailgate)
FOOTNOTE C:
HANDLING OF HAZARDOUS WAST MATERIALS -(LABORERS, POWER
EQUIPMENT OPERATORS, AND TRUCK DRIVERS) : Personnel in all
craft classifications subject to working inside a federally
designated Hazardous Waste perimeter shall be eligible for
compensation in accordance with the following group
schedule :relative to the level of Hazardous Waste as
outline in the specific Hazardous Waste Project Site Safety
Plan:
H-1 Base Wage Rate when on a hazardous waste site when riot
outfitted with protective clothing.
H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per
hour, fringes plus $0. 15.
H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per
hour, fringes plus $0.15.
H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per
hour, fringes plus $0.15.
----------------------------------------------------------------
SUOR1991-003 04/01/1991
Rates Fringes
Timber Sales Roads:
LABORERS. . . . . . . . . . . . . . . . . . . .$ 8.35 4.30
OPERATING ENGINEERS. . . . . . . . .$ 10.37 4.15
POWER SAW, DRILLER,
POWDERMAN. . . . . . . . . . . . . . . . . . .$ 9.12 4.30
TEAMSTERS. . . . . . . . . . . . . . . . . . .$ 9.74 3.74
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal. Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e. , Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part -/) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 2021-0
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work
requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination.
employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the classification or their
incurred for more than a weekly period (but not less often representatives, and HUD or its designee do not agree on
than quarterly) under plans, funds, or programs, which the proposed classification and wage rate (including the
cover the particular weekly period, are deemed to be amount designated for fringe benefits, where appropriate),
constructively made or incurred during such weekly period. HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination (including any
(d) The wage rate (including fringe benefits where
additional classification and wage rates conformed under appropriate) determined pursuant to subparagraphs
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- (1)(ii)(b) or (c) of this paragraph, shall be paid to all
1321) shall be posted at all times by the contractor and its workers performing work in the classification under this
subcontractors at the site of the work in a prominent and contract from the first day on which work is performed in
accessible, place where it can be easily seen by the the classification.
workers.
(iii) Whenever the minimum wage rate prescribed in the
(ii) (a) Any class of laborers or mechanics which is not contract for a class of laborers or mechanics includes a
listed in the wage determination and which is to be fringe benefit which is not expressed as an hourly rate, the
employed under the contract shall be classified in contractor shall either pay the benefit as stated in the
conformance with the wage determination. HUD shall wage determination or shall pay another bona fide fringe
approve an additional classification and wage rate and benefit or an hourly cash equivalent thereof.
fringe benefits therefor only when the following criteria
have been met: (iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(06/2009)
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
nfthe wages ofany laborer u, mechanic the amount ufany communicated in writing on the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and ,00n,do which show the costs anticipated or
benefits under a plan o, program, Pmvided. That the the aomw| cost incurred in providing such benefits.
Secretary nfLabor has found, upon the written request of Contractors employing anp,ennonu o, trainees under
the nontraotor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Soonam,y of Labor may registration ofapprenticeship programs and certification of
require the contractor to set aside in a separate account trainee p,ug'amo, the registration of the apprentices and
oesom for the meeting of obligations under the plan o, traineeo, and the ratios and wane rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215'0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD o, its uaoiUneo shall upon its own 1215-0140 and 1216'0017l
action or upon written request of on authorized (x) (a) The contractor shall submit weekly for each week
representative of the Department o, Labor withhold or in which any contract work is nor(n,mod a copy of all
nmuoo to be withheld from the contractor under this noy,oUx to MUD or its designee if the agency is o party to
contract n, any other Fouw,a| contract with the same prime the unnt,ao,, but if the agency is not such a po,tv, the
nont,acm,, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing =ogo ,equi,omonm, oponmo,, or owner, asthe case may be, for transmission to
which is »oW bythe same prime contractor oo much ofthe Hoo or no designee. The payrolls submitted shall set out
accrued payments or oo,anoea an may be considered accurately and completely all of the information required
necessary to pay laborers and mechenios, including to be maintained under 29 CFR 5.S(a)(3)(|) except that full
app,onUc*s, trainees and ha|pe,s, employed by the onuia| security numbers and home addresses shall no, be
contractor o, any subcontractor the full amount of wages included onweekly transmittals. Instead the payrolls shall
required by the contract In the event offailure tn pay any only 000u to include an individually identifying number for
laborer o, mechanio, including any appran000, t,omea or each employee (e.g., the last four digits ofthe employee's
»e|pe,, employed or working on the site of the ~o,k, all o, nvwa| security number), The required weekly payroll
pen of the wages required by the oont,aox. HUD o, its information may be submitted in any form desired.
designee may, *har written notice ,o the contractor, Optional Form YVH'347 is available for this purpose from
mponoo,, appUcant, or owner, take such action as may be the Wage and Mnv, Division vVob site at
necessary to cause the suspension of any further o, its
payment, advonua, o, guarantee of funds until such ouooe*oo, site. The primo contractor in responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written nnnoo to the contreutv,, disburse such amounts Contractors and subcontractors ahoU maintain the full
withheld for and on account of the contractor o, social security number and current address of each
subcontractor to the respective employees to whom they covered worko,, and ohmx provide them upon ,eqvon\ to
are due. The Comptroller General sxwx mox* such HUD or its designee if the agency is a party to the
disbursements in the case of d|n,ou Davis-Bacon Act contract, but if the agency in not such u porty, the
contracts. contractor will submit the payrolls to the applicant
». (V Payrolls and basic records. Payrolls and basic sponsor, orowner, asthe case may be, for transmission »u
,ucomn ,o|oUnS U`emm shall be maintained by the HUD or its damgneo, the mont,00m,. o, the Wage and Muu,
contractor during the course of the work peaomod for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation o, audit of onmp||aono with prevailing =ogo
mechanics working at the site of the work. Such records requirements. It is not m violation of this subparagraph for
ohex contain the name, add,ean, and social security u prime contractor to require a ovhoontnrnm, to provide
""mbo, of each such wo,kor, his or her uo,,00t addresses and apoio| security numbers to the prime
o|avoi'inauon, hourly rates of wages paid (including nutou contractor for its o=n reno,ua, without woamv submission
of contributions o, onnto enbo|paoad for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof ofthe types described Management and Budget under OMB Control Number
in Section |(b)(2)(8) of the Davis-bacon Ac\}, daily and 1215-0143.)
weekly number of hours mm,kod, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Cvmnxunna^^ signed by the contractor or
found undo, 29 CFR 5.5 (o)(1X|v) that the wages of any subcontractor orhis o, her agent who pays orsupervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
o/ program described in Section |(b)(2)(g) of the Davis-
(V That the payroll for the payroll period contains the
Bacon Act, \o� oon��om, shall maintain records which information required to be provided under 29 CFR 5�5
show that the commitment to provide such benefits is
(o)(3)(x). the appropriate information is being maintained
onfo,uoob|o, that the plan o, program is financially under 28 CFR 5.5(a)(3)(i). and that such information in
eapnnniWe, and that the plan or program has been correct and complete;
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
(c) The weekly submission of a properly executed
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
certification set forth on the reverse side of Optional Form mregistered d ram for the
WH-347 shall satisfy the requirement for submission of the program apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
"Statement of Compliance" required by subparagraph
A.3.(ii)(b). specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant `,to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
bti
tifi
l certification(i) Apprentices. Apprentices will be permitted to work at formaY the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individual) registered in a bona fide a than permitted under the plan approved by the
Y 9 apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010(06/2009)
Page 3 of 5 ref. Handbook 1344.1
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration (iii) The penalty for making false statements is prescribed
withdraws approval of a training program, the contractor
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
will no longer be permitted to utilize trainees at less than
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
the applicable predetermined rate for the work performed "Federal Housing Administration transactions", provides in
until an acceptable program is approved.
part: "Whoever, for the purpose of . influencing in any
(iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both."
amended, and 29 CFR Part 30.
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. Na laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards.
paragraph. (1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 5 ref.Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seg.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010(0612009)
Page 5 of 5 ref.Handbook 1344.1