HomeMy WebLinkAboutItem 05 Springfield Standard Construction SpecificationsAGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
6/20/2022
Regular Meeting
Jeff Paschall/DPW
541-726-7674
Consent Calendar
Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: CITY OF SPRINGFIELD STANDARD CONSTRUCTION SPECIFICATIONS
ACTION Adopt the following resolution: A RESOLUTION ADOPTING THE 2021
REQUESTED: OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, AS
AMENDED, AS THE CITY OF SPRINGFIELD STANDARD CONSTRUCTION
SPECIFICATIONS
ISSUE The Springfield Municipal Code requires that the City Council review and adopt all
STATEMENT: changes to the City's standard construction specifications. The Springfield
Standard Construction Specifications were last reviewed with updates adopted by
the City Council in 2006. Since the last review there have been changes in
regulations, technology, as well as materials that the current version does not
address. In addition, with the City seeking certification through the Oregon
Department of Transportation (ODOT) to deliver projects that receive federal
funding it is time for the Council to review and formally adopt the Oregon Standard
Construction Specifications as the City of Springfield Standard Construction
Specifications.
ATTACHMENTS: 1. Electronic Access to the Oregon Standard Specifications for Construction
Manual 2021 http://laserfiche.sprin fig eld-
or. gov/weblink/O/edoc/4154095/Item%2001 %2OSpringfield%2OStandard%
20Construction%2OSpecificationLpdf
2. Resolution with Exhibit A — Springfield specific changes to Part 100
DISCUSSION/ Construction specifications are an important part of a construction contract. They
FINANCIAL detail the work, materials, and installation required to complete a project. The
IMPACT: specifications are a contractor's field guide on what materials to use, how to install
them, and the desired level of quality for acceptance by the City. A thorough and
comprehensive set of specifications helps all involved with a project to reduce
unanticipated cost, wasted time, and disputes.
The City Council has reviewed the specifications in work session on June 13, 2022.
Staff recommends adoption of the attached resolution.
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2021 OREGON STANDARD SPECIFICATIONS FOR
CONSTRUCTION, AS AMENDED, AS THE CITY OF SPRINGFIELD STANDARD
CONSTRUCTION SPECIFICATIONS
WHEREAS, the Springfield Municipal Code section 3.000 Specifications adopts the Springfield Standard
Construction Specifications applicable to all public improvement contracts, and provides that the City
Council shall review and approve all changes to such specifications; and
WHEREAS, the Springfield Development Code section 4.1.110 provides that specifications for the
design, construction, reconstruction, or repair of streets, alleys, sidewalks, multi -use paths, bikeways,
bus turnouts, accessways, curbs, gutters, street lights, traffic signals, street signs, sanitary sewers,
stormwater management systems, street trees and planter strips within the public right-of-way,
medians, round -abouts and other public improvements within the city limits and the City's urbanizable
area shall be in accordance with the City's Standard Construction Specifications; and
WHEREAS, the 2021 Oregon Standard Specifications for Construction have been reviewed and
approved by the City Engineer; and
WHEREAS, the Common Council of the City of Springfield has reviewed the 2021 Oregon Standard
Specifications ror Construction and finds it in the public interest to adopt such specifications as the
Springfield Standard Construction Specifications, with changes specific to Springfield as provided in
Exhibit A,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The Common Council of the City of Springfield does hereby by review, endorse
and adopt the 2021 Oregon Standard Specifications for Construction with changes to Part 100, as
provided in Exhibit A attached hereto and incorporated by reference.
Section 2: This Resolution will take effect upon adoption by the Council and approval by the
Mayor.
ADOPTED by the Common Council of the City of Springfield this day of ,
by a vote of for and against.
ATTEST:
City Recorder
Mayor
Attachment 1, Page 1 of 175
Exhibit A, Page 1 of 174
(General Conditions for Construction for Certified Local Public Agencies Template based on
the 2021 Oregon Standard Specifications.
These instructions have been included to aid in the use of these specifications. Remove all
instructions before preparing the final document. This document is essentially the Part 00100
from the 2021 edition of the Oregon Standard Specifications for Construction. These
Specifications have been modified by the Certification User Group Standards
subcommittee,book
which includes APWA members, to provide a template as a starting point for Certified Local
Public Agencies (Certified LPAs) use on federal -aid projects.
The Certified LPA needs to first modify this template in track changes to establish their
agency's proposed general conditions for their FHWA projects and submit it to ODOT for
review by ODOT and the Oregon DOJ. This requirement is also in the Certified LPAs Master
Agreement. After that ODOT only needs to review future changes to the Certified LPAs
template. ODOT recommends running the text through Notepad to clear existing formatting
and inserting the text and applying the appropriate style in the template.
References in this document to the FHWA Contract Administration Core Curriculum Manual
(CACC) can be found at the following website:
https.11www.fhwa. dot._qovlprogramadmin/contractslcacc. pdf
This template is not a standalone document and must have additional boilerplate language or
Certified LPA language included in the special provisions before it can be used as a Contract.
For example, specified completion date(s) need to be added to 00180. The ODOT boilerplate
special provisions published by the Project Control Office, Specifications Unit, are available
on their website: https.11www.ore_pon.gov/odot/Business/Pages/Standard Specifications. asp
and may be helpful.
In addition ODOT has developed samples for Certified LPAs to use related to Prevailing Wage
Rates, Contract form, Liquidated Damages, Bond forms, and other sample documents are
available on the ODOT Statewide Investment Management Section website:
https://www. oregon. gov/odot/LocalGov/Pa_ges/certification-guidance-forms. aspx
In the following title insert the Certified Local Public Agency name for the title of this document
and delete the parentheses. It is important that the Certified LPA update all the instances of
the name of this document, and that the title is consistently used. For example in 00110.00.
This is not a field at this time but something that must be updated throughout this document
as well as the bidding and procurement documents the Certified LPA uses for these projects.
Insert the name of the agency where it states (Certified LPA))
General Conditions for Construction for the City of Springfield
(The table of contents must be updated and or corrected after all the other edits are completed.
To automatically update, right -click anywhere within the Table of Contents and choose "update
field" then select "update page numbers only" or "update entire table". If you have added or
deleted subsections you will want to update the entire table. ODOT recommends running the
text through Notepad to clear existing formatting and inserting the text and applying the
appropriate style in the template.)
Attachment 1, Page 2 of 175
Exhibit A, Page 2 of 174
Attachment 1, Page 3 of 175
Exhibit A, Page 3 of 174
Attachment 1, Page 4 of 175
Exhibit A, Page 4 of 174
Attachment 1, Page 5 of 175
Exhibit A, Page 5 of 174
TABLE OF CONTENTS
PART 00100 - GENERAL CONDITIONS
Section 00110 - Organization, Conventions, Abbreviations, and Definitions
00110.00 Organization of Specifications........................................................................................... 1
00110.05 Conventions Used throughout the Specifications Include .................................................. 1
00110.10 Abbreviations.....................................................................................................................3
00110.20 Definitions..........................................................................................................................5
Section 00120 - Bidding Requirements and Procedures
00120.00 Prequalification of Bidders ..................................................Error! Bookmark not defined.
00120.01 General Bidding Requirements........................................................................................
14
00120.05 Request for Plans, Special Provisions, and Bid Booklets ................................................
14
00120.10 Bid Booklet......................................................................................................................
14
00120.15 Examination of Work Site and Solicitation Documents; Consideration of
............................
Conditions to be Encountered........................................................................................
15
00120.16 Material, Equipment, and Method Substitutions..............................................................
15
00120.17 Use of Agency -Owned Land for Staging or Storage Areas .............................................
16
00120.20 Interpretation of Quantities in Bid Schedule....................................................................
17
00120.25 Subsurface Investigations...............................................................................................
17
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids ........................
17
00120.40 Preparation of Bids..........................................................................................................
17
00120.45 Submittal of Bids..............................................................................................................
20
00120.50 Submitting Bids for More than One Contract ......................Error! Bookmark not defined.
00120.60 Revision or Withdrawal of Bids........................................................................................
20
00120.65 Opening and Comparing Bids..........................................................................................
21
00120.70 Rejection of Non-responsive Bids....................................................................................
21
00120.80 Reciprocal Preference for Oregon Resident Bidders.......................................................
22
00120.90 Disqualification of Bidders...............................................................................................
22
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder ............................................
23
00120.95 Opportunity for Cooperative Arrangement..........................Error! Bookmark not defined.
Section 00130 -Award and Execution of Contract
00130.00 Consideration of Bids......................................................................................................
24
00130.10 Award of Contract............................................................................................................
24
00130.15 Right to Protest Award.....................................................................................................
25
00130.20 Cancellation of Award......................................................................................................
25
00130.30 Contract Booklet..............................................................................................................
25
00130.40 Contract Submittals.........................................................................................................
26
00130.50 Execution of Contract and Bonds....................................................................................
27
00130.60 Failure to Execute Contract and Bonds...........................................................................
28
00130.70 Release of Bid Guaranties...............................................................................................
28
00130.80 Project Site Restriction....................................................................................................
28
00130.90 Notice to Proceed............................................................................................................
28
Section 00140 - Scope of Work
00140.00 Purpose of Contract .................................
00140.10 Typical Sections ......................................
00140.20 Thickness ................................................
00140.30 Agency -Required Changes in the Work..
00140.40 Differing Site Conditions ..........................
00140.50 Environmental Pollution Changes............
00140.60 Extra Work ...............................................
00140.65 Disputed Work .........................................
00140.70 Cost Reduction Proposals .......................
TOC - 1
Attachment 1, Page 6 of 175
............................
29
............................
29
............................
29
............................
29
............................
30
............................
30
............................
30
............................
31
............................
31
Exhibit A, Page 6 of 174
00140.80 Use of Publicly Owned Equipment.................................................................................. 32
00140.90 Final Trimming and Cleanup........................................................................................... 32
Section 00150 - Control of Work
00150.00 Authority of the Engineer.................................................................................................
34
00150.01 Project Manager's Authority and Duties...........................................................................
34
00150.02 Inspector's Authority and Duties......................................................................................
34
00150.05 Cooperative Arrangements .................................................Error!
Bookmark not defined.
00150.10 Coordination of Contract Documents...............................................................................
35
00150.15 Construction Stakes, Lines, and Grades.........................................................................
35
00150.20 Inspection........................................................................................................................
36
00150.25 Acceptability of Materials and Work.................................................................................
37
0015030 Delivery of Notices
-'17
............................................................................................
00150.35 Plans, 3D Engineered Models, Working Drawings, and 3D Construction
Models............................................................................................................................
38
00150.37 Equipment Lists and Other Submittals............................................................................
39
00150.40 Cooperation and Superintendence by the Contractor......................................................
40
00150.50 Cooperation with Utilities.................................................................................................41
52
00150.55 Cooperation with Other Contractors................................................................................
42
00150.60 Construction Equipment Restrictions...............................................................................
43
00150.70 Detrimental Operations....................................................................................................43
53
00150.75 Protection and Maintenance of Work During Construction..............................................43
54
00150.80 Removal of Unacceptable and Unauthorized Work.........................................................44
54
00150.90 Final Inspection...............................................................................................................
44
00150.91 Post -Construction Review...............................................................................................
45
00150.95 Final Acceptance.............................................................................................................
45
00150.96 Maintenance Warranties and Guarantees.......................................................................
45
00150.97 Responsibility for Materials and Workmanship................................................................
45
Section 00160 - Source of Materials
00160.00 Definitions........................................................................................................................46
00160.01 Notification of Source of Supply and Materials................................................................
46
00160.05 Qualified Products List(QPL)..........................................................................................47
00160.07 Electrical Equipment and Materials.................................................................................
47
00160.10 Ordering, Producing, and Furnishing Materials...............................................................
47
00160.20 Preferences for Materials................................................................................................
48
00160.21 Cargo Preference Act Requirements...............................................................................
48
00160.30 Agency -Furnished Materials............................................................................................49
00160.40 Agency -Furnished Sources.............................................................................................
49
00160.50 Agency -Controlled Land; Limitations and Requirements.................................................49
00160.60 Contractor -Furnished Materials and Sources..................................................................50
00160.70 Requirements for Plant Operations.................................................................................
50
00160.80 Requirements for Sources of Borrow and Aggregate......................................................
51
Section 00165 - Quality of Materials
00165.00 General............................................................................................................................52
00165.01 Rejected Materials...........................................................................................................
52
00165.02 Materials Conformance and Quality Compliance Documents .........................................
52
00165.03 Testing by Agency...........................................................................................................
52
00165.04 Costs of Testing...............................................................................................................
52
00165.10 Materials Acceptance Guides..........................................................................................
52
00165.20 Materials Specifications and Test Method References....................................................
53
00165.30 Field -Tested Materials.....................................................................................................
54
00165.35 Nonfield-Tested Materials................................................................................................
54
00165.40 Statistical Analysis...........................................................................................................
55
00165.50 Statistical Acceptance Sampling and Testing..................................................................63
TOC - 2
Attachment 1, Page 7 of 175
Exhibit A, Page 7 of 174
00165.70 Use of Materials without Acceptable Materials Conformance Documents ....................... 64
00165.75 Storage and Handling of Materials.................................................................................. 64
00165.80 Measurement...................................................................................................................64
00165.90 Incidental Basis............................................................................................................... 65
00165.91 Fabrication Inspection Expense....................................................................................... 65
Section 00170 - Legal Relations and Responsibilities
00170.00 General............................................................................................................................66
94
00170.01 Other Agencies Affecting Agency Contracts....................................................................
67
00170.02 Permits, Licenses, and Taxes..........................................................................................
69
00170.03 Furnishing Right -of -Way and Permits..............................................................................
69
00170.04 Patents, Copyrights, and Trademarks.............................................................................
69
00170.05 Assignment of Antitrust Rights.........................................................................................
69
00170.07 Record Requirements......................................................................................................70
00170.08 Electronic Document Management..................................................................................
73
00170.10 Required Payments by Contractors.................................................................................
75
00170.20 Public Works Bond..........................................................................................................
76
00170.32 Protection of Navigable Waters.......................................................................................
76
00170.60 Safety, Health, and Sanitation Provisions........................................................................
76
00170.61 Industrial Accident Protection..........................................................................................
77
00170.62 Labor Nondiscrimination..................................................................................................
77
00170.63 Payment for Medical Care...............................................................................................
77
00170.65 Minimum Wage and Overtime Rates for Public Works Projects ......................................
77
00170.70 Insurance.........................................................................................................................
81
00170.71 Independent Contractor Status........................................................................................
86
00170.72 Indemnity/Hold Harmless................................................................................................
86
00170.74 Employee Drug Testing Program....................................................................................
87
00170.78 Conflict of Interest............................................................................................................
88
00170.79 Third Party Beneficiary....................................................................................................
88
00170.80 Responsibility for Damage to Work.................................................................................
88
00170.82 Responsibility for Damage to Property and Facilities......................................................
90
00170.85 Responsibility for Defective Work....................................................................................
90
00170.89 Protection of Utility, Fire -control, and Railroad Property and Services; Repair;
RoadwayRestoration.....................................................................................................
92
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations .............................................
93
00170.93 Trespass..........................................................................................................................93
00170.94 Use of Explosives............................................................................................................
93
Section 00180 - Prosecution and Progress
00180.00 Scope..............................................................................................................................
94
00180.05 Assignment/Delegation of Contract.................................................................................
94
00180.06 Assignment of Funds Due under the Contract.................................................................
94
00180.10 Responsibility for Contract...............................................................................................
94
00180.15 Agency's Right to Do Work at Contractor's Expense.......................................................
94
00180.20 Subcontracting Limitations..............................................................................................
95
00180.21 Subcontracting.................................................................................................................97
00180.22 Payments to Subcontractors and Agents of the Contractor .............................................
99
00180.30 Materials, Equipment, and Work Force.........................................................................
100
00180.31 Required Materials, Equipment, Products, and Methods ...............................................
100
00180.32 Alternative Materials, Equipment, and Methods............................................................
101
00180.40 Limitation of Operations.................................................................................................
102
00180.41 Project Work Schedules................................................................................................
102
00180.42 Preconstruction Conference..........................................................................................
112
00180.43 Commencement and Performance of Work..................................................................
112
00180.50 Contract Time to Complete Work..................................................................................
112
TOC -3
Attachment 1, Page 8 of 175
Exhibit A, Page 8 of 174
00180.60 Notice of Delay.............................................................................................................. 113
00180.65 Right -of -Way and Access Delays.................................................................................. 114
00180.70 Suspension of Work...................................................................................................... 114
00180.80 Adjustment of Contract Time......................................................................................... 115
00180.85 Failure to Complete on Time; Liquidated Damages....................................................... 117
00180.90 Termination of Contract and Substituted Performance .................................................. 117
Section 00190 - Measurement of Pay Quantities
00190.00 Scope............................................................................................................................ 120
00190.10 Measurement Guidelines............................................................................................... 120
00190.20 Contractor to Provide Vehicle Weigh Scales................................................................. 122
00190.30 Plant Scales.................................................................................................................. 124
Section 00195 - Payment
00195.00 Scope and Limit.............................................................................................................
126
00195.10 Payment For Changes in Materials Costs.....................................................................
126
00195.12 Steel Material Price Escalation/De-Escalation Clause ...................................................
126
00195.20 Changes to Plans or Character of Work........................................................................
129
00195.30 Differing Site Conditions................................................................................................
129
00195.40 Unreasonable Delay by the Agency..............................................................................
130
00195.50 Progress Payments and Retained Amounts..................................................................
130
00195.60 Advance Allowance for Materials on Hand....................................................................
134
00195.70 Payment under Terminated Contract.............................................................................
135
00195.80 Allowance for Materials Left on Hand............................................................................
136
00195.90 Final Payment................................................................................................................
137
00195.95 Error in Final Quantities and Amounts...........................................................................
137
Section 00196 - Payment for Extra Work
00196.00 General..........................................................................................................................139
00196.10 Negotiated Price............................................................................................................ 139
00196.20 Force Account............................................................................................................... 139
Section 00197 - Payment for Force Account Work
00197.00 Scope............................................................................................................................ 140
00197.01 General..........................................................................................................................140
00197.10 Materials........................................................................................................................141
00197.20 Equipment..................................................................................................................... 141
00197.30 Labor............................................................................................................................. 143
00197.40 Invoices for Special Services......................................................................................... 143
00197.80 Percentage Allowances................................................................................................. 144
00197.90 Billings...........................................................................................................................144
Section 00199 - Disagreements, Protests, and Claims
00199.00 General..........................................................................................................................145
00199.10 Procedure for Resolving Disagreements....................................................................... 145
00199.20 Protest Procedure.......................................................................................................... 145
00199.30 Claims Procedure.......................................................................................................... 147
00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies ................................. 150
00199.50 Mediation.......................................................................................................................153
00199.60 Review of Determination Regarding Records................................................................ 153
TOC - 4
Attachment 1, Page 9 of 175
.0
Exhibit A,01ag10e of 174
PART 00100 - GENERAL CONDITIONS
Section 00110 - Organization, Conventions, Abbreviations, and Definitions
Organization
00110.00 Organization of Specifications - The Specifications are comprised of the following:
• The "General Conditions for Construction for the City of Springfield ", published by the Agency,
which contain Part 00100 "General Conditions", which deal with the solicitation process and
contractual relationships;
• The "2021 Oregon Standard Specifications for Construction", as revised by the City of Springfield
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
• Supplemental Specifications, if any; 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 Part 00100
"General Conditions", is written in the indicative mood, in which the subject is expressed. The
"2021 Oregon Standard Specifications for Construction", published by the Oregon Department of
Transportation and amended by the City of Springfield, 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.
Attachment 1, Page 10 of 175
00110.05
Exhibit A, Page 10 of 174
• 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 the accepted
quantities "will be paid for at the Contract unit price, per unit of measurement, for the following
items" (followed by a list of items). In such cases, the Agency will pay for only those Pay
Items listed in the Schedule of Items.
(b) Capitalization of Terms - Capitalized terms, other than titles, abbreviations, and grammatical
usage, indicate that they have been given a defined meaning in the Standard Specifications. Refer
to Section 00110.20 "Definitions". Defined terms will always be capitalized in Part 00100; in Parts
00200 through 03000, defined terms will generally not be capitalized, with the notable exception of
"the Contractor", "the Agency", and "the Engineer".
(c) Punctuation - In this publication the 'outside method" of punctuation is employed for
placement of the comma and the period with respect to quotation marks. Only punctuation that is
part of the quoted matter is placed within quotation marks.
(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and
Permits - References are made in the text of the Specifications to "laws", "acts", 'rules", "statutes",
"regulations", 'ordinances", etc. (collectively referred to for purposes of this Subsection as "Law"),
and to 'orders" and "permits" (issued by a governmental authority, whether local, state, or federal,
and collectively referred to for purposes of this Subsection as "Permits"). Reference is also made
to "applicable laws and regulations". The following conventions apply in interpreting these terms,
as used in the Specifications.
• Statutes and Rules - Oregon Revised Statutes (ORS) and Oregon Administrative Rules
(OAR) referenced in the Specifications are accessible on line, including through the Oregon
Legislative Counsel Committee website (see 00110.05(e)) and through the Oregon Secretary
of State Archives Division website (see 00110.05(e)).
Law - In each case, unless otherwise expressly stated therein, the Law is to be understood
to be the current version in effect. This also applies where a specific Law is referenced or
cited, regardless of whether the text of the Law has been included in the Specifications or not,
and regardless of whether the text of the Law has been summarized or paraphrased. In each
case, the current version of the Law is applicable under any contract. The reader is therefore
cautioned to check the actual text of the Law to confirm that the text included in the
Specifications has not been modified or superseded.
Permits - Orders and permits issued by a government agency may be modified during the
course of performing the work under a contract. Therefore, wherever the term 'order" or
"permit" is used in the Specifications, it is intended to refer to the then -current version. That
version may be embodied in a modified, superseding order or permit, or it may consist of all
terms and conditions of prior orders or permits that have not been superseded, as well as the
additional terms added by amendment or supplement. In certain cases, the orders and/or
permits are identified by name in the Specifications; in other cases the terms are used in the
generic sense. The reader is cautioned to check the text(s) of each order and permit identified
either by name or by generic reference.
• Applicable Laws and Regulations - Where phrases such as "applicable law", "applicable
laws and regulations", "applicable legal requirements" or similar phrases appear, they are 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. The words "law" or "laws" may or may not be capitalized in such phrases.
Attachment 1, Page 11 of 175
Exhibit A, age A of 174
(e) Reference to Websites - For Specifications that reference this Subsection, the Agency will
identify the website addresses in the Supplemental Specifications and Special Provisions.
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 used in the individual Sections of the Standard
Specifications to which they apply, in the Special Provisions, and in OAR 731-005 and OAR 731-007.
AAR - Association of American Railroads
AASHTO - American Association of State Highway and Transportation Officials
ABC - Associated Builders and Contractors, Inc.
AC - Asphalt Concrete
ACI - American Concrete Institute
ACP - Asphalt Concrete Pavement
ACWS - Asphalt Concrete Wearing Surface
ADA - Americans with Disabilities Act
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 Righto-fWay- 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
ASTV - Actual Strength Test Value
AWG - American Wire Gauge
AWPA - American Wood Protection Association
AWS - American Welding Society
AWWA - American Water Works Association
CAgT - Certified Aggregate Technician
CAT -1 - Certified Asphalt Technician I
CAT -II - Certified Asphalt Technician II
CBM - Certified Ballast Manufacturers
CCO - Contract Change Order
CCT - Concrete Control Technician
CDT - Certified Density Technician
CEBT - Certified Embankment and Base Technician
CFR - Code of Federal Regulations
CMDT - Certified Mixture Design Technician
CPF - Composite Pay Factor
CRSI - Concrete Reinforcing Steel Institute
CS - Commercial Standard, Commodity Standards Division, U.S. Department of
Commerce
3
Attachment 1, Page 12 of 175
00110.10
Exhibit A, Page 12 of 174
CSTT -
Concrete Strength Testing Technician
D1.1 -
Structural Welding Code - Steel, American Welding Society, current edition
D1.5 -
Bridge Welding Code, American Welding Society, current edition
DBE -
Disadvantaged Business Enterprise
DEQ -
Department of Environmental Quality, State of Oregon
DOGAMI -
Department of Geology and Mineral Industries, State of Oregon
DSL -
Department of State Lands, State of Oregon
EAC -
Emulsified Asphalt Concrete
EPA -
U.S. Environmental Protection Agency
ESCP -
Erosion and Sediment Control Plan
FHWA -
Federal Highway Administration, U.S. Department of Transportation
FSS -
Federal Specifications and Standards, General Services Administration
GSA -
General Services Administration
ICEA -
Insulated Cable Engineers Association (formerly IPCEA)
IES -
Illuminating Engineering Society
IMSA -
International Municipal Signal Association
ISO -
International Standards Organization
ISSA -
International Slurry Surfacing Association
ITE -
Institute of Transportation Engineers
JMF -
Job Mix Formula
MFTP -
Manual of Field Test Procedures (ODOT)
MIL -
Military Specifications
MSC -
Minor Structure Concrete
MUTCD -
Manual on Uniform Traffic Control Devices for Streets and Highways, FHWA,
U.S. Department of Transportation
NEC -
National Electrical Code
NEMA -
National Electrical Manufacturer's Association
NESC -
National Electrical Safety Code
NIST -
National Institute of Standards and Technology
NPDES -
National Pollutant Discharge Elimination System
NPS -
Nominal Pipe Size (dimensionless)
OAR -
Oregon Administrative Rules
ODA -
Oregon Department of Agriculture
ODOT -
Oregon Department of Transportation
ORS -
Oregon Revised Statutes
OR -OSHA -
Oregon Occupational Safety and Health Division of the Department of Consumer
and Business Services
OSHA -
Occupational Safety and Health Administration, U.S. Department of Labor
PCA -
Portland Cement Association
PCC -
Portland Cement Concrete
PCI -
Precast/Prestressed Concrete Institute
PCP -
Pollution Control Plan
PF -
Pay Factor of a constituent
PLS -
Professional Land Surveyor
PMBB -
Plant Mixed Bituminous Base
PTI -
Post -Tensioning Institute
PUC -
Public Utility Commission, State of Oregon
QA -
Quality Assurance
QC -
Quality Control
QCT -
Quality Control Technician
QL -
Quality Level
4
Attachment 1, Page 13 of 175
Exhibit A, age B of 174
QPL - Qualified Products List
RAP - Reclaimed Asphalt Pavement
REA - Rural Electrification Administration, U.S. Department of Agriculture
RMA - Radio Manufacturers Association or Rubber Manufacturers Association
SAE
- Society of Automotive Engineers
SI
- International System of Units (Systeme Internationale)
SRCM
- Soil and Rock Classification Manual (ODOT)
SSPC
- Society for Protective Coatings
T
- Tolerances, AASHTO Test Method
TM
- Test Method (ODOT)
TV
- Target Value
UBC
- Uniform Building Code (as adopted by the State of Oregon)
UL
- Underwriters Laboratory, Inc.
UPC
- Uniform Plumbing Code (as adopted by the State of Oregon)
USC
- United States Code
WAQTC
- Western Alliance for Quality Transportation Construction
WCLIB
- West Coast Lumber Inspection Bureau
WWPA
- Western Wood Products Association
Definitions
00110.20 Definitions -Following are definitions of words and phrases used in the Standard
Specifications, in the Special Provisions, on the Plans, and in other Contract Documents. Other
definitions may be in the individual Sections of the Standard Specifications to which they apply, in the
Special Provisions, and in OAR 731-005 and OAR 731-007.
Act of God or Nature - A natural phenomenon of such catastrophic proportions or intensity as would
reasonably prevent performance.
Actual Strength Test Value (ASTV) - The ASTV at 28 Days is the average compressive strength of
the three cylinders tested. All specimens that show definite evidence, other than low strength, of
improper sampling, molding, handling, curing, or testing shall be discarded. The average strength of
the remaining cylinders shall then be considered the test result.
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) inviting Bids for Work to be
performed or Materials to be furnished.
Agency - The City of Springfield, a municipal corporation of the State of Oregon, which has entered
into a Contract with the Contractor.
Agency -Controlled Lands - Lands owned by the Agency, or controlled by the Agency under lease
or agreement, or under the jurisdiction and control of the Agency for the purposes of the Contract.
Aggregate - Rock of specified quality and gradation.
Attorney -in -Fact - An Entity appointed by another to act in its place, either for some particular
purpose, or for the transaction of business in general.
Attachment 1, Page 14 of 175
00110.20
Exhibit A, Page 14 of 174
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 guaranty
Bid Booklet -The bound paper version included in the Solicitation Documents, or the abridged
electronic version that is available to be downloaded from http://www.springfield-
or.gov/city/development-public-works/invitations-to-bid/ that contain the information identified
in 00120.10 (see 00110.05(e)).
Bid Closing - The date and time after which Bids, Bid modifications, and Bid withdrawals will no
longer be accepted.
Bid Documents - See under Solicitation Document.
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, or otherwise modifying the Contract.
City Engineer — An Oregon Registered Professional Engineer who is an officer of the City and is
charged with the supervision and construction of public improvements and the enforcement of City
ordinances as they relate to public improvements, or a duly authorized representative.
Attachment 1, Page 15 of 175
Exhibit A, age _ffg of 174
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).
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 - The total roadside border area, starting at the edge of the Traveled Way, available for
safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-
recoverable slope, and/or a clear run -out area. The desired width is dependent upon the traffic
volumes and speeds and on the roadside geometry.
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.
Construction Contracts Unit — City of Springfield Development and Public Works Engineering .
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 Day- Days counted for purposes of charging Contract Time.
Contract Amount - Sum of the Pay Item amounts computed by multiplying the Pay Item quantities
by the unit prices in the Schedule of Items.
Contract Documents - Solicitation Documents, Specifications, Standard Drawings, Plans, Public
Improvement Contract, , 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.
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.
Attachment 1, Page 16 of 175
00110.20
Exhibit A, Page 16 of 174
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.
Durable Rock - Rock that has a slake durability index of at least 90% based on a two-cycle slake
durability test, according to ASTM D4644. 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, for-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.
Final Acceptance - Written confirmation by the Agency that the Project has been accepted by the
Agency.
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 acknowledgment by the Engineer of the date on which workers employed
by the Contractor or a Subcontractor have begun performance of the Contract, including Aggregate
source development or erection of a plant, but not including installation of covered temporary signs
according to Section 00222.
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.
Attachment 1, Page 17 of 175
Exhibit A, age 9 of 174
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 Public Agency (LPA) or Local Agency- See 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.
Multiple Course Construction - Two or more Courses, exclusive of Patching or Leveling, placed
over the entire Roadway width.
Multi -Use Path - That portion of the Highway Right -of -Way or a separate Right -of -Way, physically
separated from motor vehicle traffic and designated for use by pedestrians, bicyclists and other
non -motorized users.
Neat Line - Theoretical lines specified or indicated on the Plans for measurement of quantities.
Nondurable Rock - Rock that has a slake durability index of less than 90% based on a two-cycle
slake durability test, as tested by ASTM D4644, 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 00222.
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.
E
Attachment 1, Page 18 of 175
00110.20
Exhibit A, Page 18 of 174
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 - Standard and Supplemental Drawings, and approved unstamped and reviewed stamped
Working Drawings. (See 00150.10 and 00150.35.)
Project - The sum of all Work to be performed under the Contract.
Project Manager - The Engineer's representative who directly supervises the engineering and
administration of a Contract.
Project Site - The geographical dimensions of the real property on which the Work is to be performed,
including designated contiguous staging areas.
Prospective Source - A Material source provided by the Agency, from which the Contractor has the
option of obtaining Materials. (See 00160.00(a) and 00160.40.)
Publicly -Owned Equipment - Equipment acquired by a state, county, municipality or political
subdivision primarily for use in its own operations.
Public Traffic - Vehicular or pedestrian movement, not associated with the Contract Work, on a public
way.
Railroad - Publicly or privately owned rail carriers, including passenger, freight, and commuter rail
carriers, their tenants, and licensees. Also, Utilities that jointly own or use such facilities.
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.)
10
Attachment 1, Page 19 of 175
Exhibit A, age fi of 174
Rock - Natural deposit of solid material composed of one or more minerals occurring in large masses
or fragments.
Sand - Particles of Rock that will pass a No. 4 sieve and be retained on a No. 200 sieve.
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 the end of Contract Time
according to 00180.50(g).
Shared Use Path - See Multi -Use Path
Shoulder - The part of a Roadbed contiguous to the Traveled Way or Roadway, whether paved or
unpaved, for accommodating stopped vehicles, for emergency use and for lateral support of Base
and surface Courses.
Silt - Soil passing a No. 200 sieve that is nonplastic or exhibits very low plasticity.
Single Course Construction - A wearing Course only, not including patching or Leveling Courses or
partial width Base Course.
Slope - Vertical distance to horizontal distance, unless otherwise specified.
Soil - Accumulations of particles produced by the disintegration of Rock, which sometimes contains
organic matter. Particles may vary in size from Clay to Boulders.
Solicitation Document - Documents which define the procurement of a public improvement Project,
including, but not limited to, the Bid Booklet, Agency -provided Plans, Specifications, 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.
This includes any amended or supplemental permits or orders issued during the course of performing
the Work under a Contract.
Special Services - Work services that the Contractor and Engineer agree cannot be satisfactorily
performed by the Contractor's and Subcontractors' forces, (e.g., fabrication and machining work that
is most effectively performed away from the Project Site, or rental of operated Equipment as defined
in 00180.20(c)).
Specifications - The Standard Specifications, Supplemental Specificationsand 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 Springfield"
published by the Agency, and the "2021 Oregon Standard Specifications for Construction", Parts
11
Attachment 1, Page 20 of 175
00110.20
Exhibit A, Page 20 of 174
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, end walls, 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, at
any tier, 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.
Substructure - Those parts of a Structure which support the Superstructure, including bents, piers,
abutments, and integrally built wing walls, up to the surfaces on which bearing devices rest.
Substructure also includes portions above bearing surfaces when those portions are built integrally
with a Substructure unit (e.g., backwalls of abutments). When Substructure and Superstructure
elements are built integrally, the division between Substructure and Superstructure is considered to
be at the bottom soffit of the longitudinal or transverse beam, whichever is lower. Culverts and rigid
frames are considered to be entirely Substructure.
Superstructure - Those parts of a Structure above the Substructure, including bearing devices.
Supplemental Drawings - The Agency -prepared detailed drawings for Work or methods of
construction that are Project specific, and are denoted by title in the Project title block.
Supplemental Specifications - Supplemental Specifications are amendments to the Standard
Specifications, and supplement and modify the Standard Specifications with regard to the Work to be
done under the Contract.
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, Shoulder, or
parking areas for pedestrian, bicycle or vehicle use.
Third Notification - Written acknowledgment by the Engineer, that as of the date of the notification
the Contractor has completed 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.
12
Attachment 1, Page 21 of 175
Exhibit A, age :i� of 174
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, stormwater 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, or Supplier's
Surety as a guaranty of the Contractor's performance of its 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 Day or Working Day - Every Calendar Day excluding Saturdays, Sundays and legal holidays
as listed in ORS 187.010.
Working Drawings - Supplemental Plans, not furnished by the Agency, that the Contractor is
required to submit to the Engineer. (See 00150.35.)
13
Attachment 1, Page 22 of 175
00120.01
Exhibit A, Page 22 of 174
Section 00120 - Bidding Requirements and Procedures
(Insert the agency specific provisions for 00120.00, 00120.01 and 00120.05 and submit it to
ODOT along with all other modifications.)
(This template includes suggested language for the Certified LPA to consider if the Certified
LPA is using ODOT to prequalify bidders. If the Certified LPA is following a different
prequalification process that process needs to be in agreement with the CA CC and is subject
to approval by ODOT and FHWA. See pp 127 in the CACC.
Note: To ensure competitive bidding that does not unfairly impact non -local bidders, the
Certified LPA should allow the submittal of Subcontractor Disclosure Forms and revision or
withdrawal of bids by some electronic means like email or FAX. If the Certified LPA proposes
edits to remove the FAX option, then the Certified LPA needs to provide an explanation or
appropriate edits to allow email or other options.) COS will accept electronic means by email,
FAX is not accepted. This is noted in our Instruction to Bidders.
00120.01 General Bidding Requirements - (Insert the agency specific provisions and submit,
see above instruction. Some Certified LPAs include this information in the invitation to bid or
notice to bidders and cross-reference the applicable Sections here.)
General bidding requirements are contained in the City of Springfield "Invitation to Bid" for each
project.
As and when applicable, the Contractor shall maintain the certifications required by ORS 279A.107.
00120.05 Request for Plans, Special Provisions, and Bid Booklets:
(Insert the agency specific provisions and submit, see above instruction. Some Certified LPAs
include this information in the invitation to bid or notice to bidders and cross-reference the
applicable Sections here.)
(a) Informational Plans and Special Provisions — Informational Plans and Special Provisions are
available for review, free of charge, at the office location and/or on the Agency website identified in
the Call for Bids. Informational Plans and Special Provisions may also be available at select plan
centers. Note that Informational Plans and Special Provisions may not contain all required forms
and affidavits required to submit a complete bid.
(b) Bidding Plans, Special Provisions, and Bid Booklets — Bidders choosing to submit bids
must submit paper Bids to the office location as identified in the Call for Bids. Plans, Specifications,
and Bid Booklets may be purchased from the City of Springfield as described in the Call for Bids or
can be obtained online from OregonBuys) website. (See 00110.05(e).) Note bids listed with
OregonBuys are the full bid book. Bid Books can be purchased from the Agency only. Bids will only
be accepted from Bidders recorded as purchasing bid documents.
00120.10 Bid Booklet - The Bid Booklet may include, but is not limited to:
Invitation to Bidders
Bid Submittal, Terms and Declarations
Instructions to Bidders
Contract (Sample)
14
Attachment 1, Page 23 of 175
Exhibit A, age M of 174
Prevailing Wage Rate Information
Special Provisions — Section (A); General Requirements
Special Provisions —Section B; Scope of Work
First-tier Subcontractor disclosure form
Financial Responsibility
Certificate of non-discrimination regarding ORS 279A.110
Minority, Woman and Emerging Small Business/Disadvantaged Business Enterprise Form
Certificate of non -collusion
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 Bond (Sample)
Performance Bond (Sample)
Payment Bond (Sample)
Construction Plans and Drawings
Depending on the Project, other certificates or statements may be included 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 carefully examine the site of the proposed
Work, the Bid Booklet, Plans, and Specifications. Bidders shall also contact Utility owners to verify all
Utilities' anticipated involvement on the Project Site. Bidders are also encouraged to review any
subsurface investigation material referenced in 00120.25 that may be available. Submission of a Bid
will constitute confirmation that the Bidder has examined the Project Site and Solicitation Documents,
finds the Plans and Specifications to be sufficiently detailed and accurate to enable Bidder to properly
perform the Work, and understands the conditions to be encountered in performing the Work and all
requirements of the Contract.
The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the
Bidder's failure to fully examine the site and become fully informed about all conditions of the Work,
or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or
incomplete.
Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing to
thespecified contact in the Invitation to Bid. Requests shall be made in sufficient time for the Agency
to reply to reach all Bidders prior to bid opening.. 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. Notification of erroneous or incomplete Plans or Specifications shall
also be submitted to the Agency's specified contact, located in the invitation to bidders Such
notification shall also be made in sufficient time for the Agency to make any necessary modifications
and issue Addenda to Bidders prior to Bid Closing.
00120.16 Material, Equipment, and Method Substitutions - When the Contract specifies certain
Materials, Equipment, products, and/or methods, the Bidder shall include those Materials, Equipment,
products, and/or methods in the Bid unless the Engineer has issued an Addendum granting approval
15
Attachment 1, Page 24 of 175
00120.17
Exhibit A, Page 24 of 174
to substitute. Unless the Engineer has approved substitutions of Materials, Equipment, products,
and/or methods prior to opening of Bids, the Bidder shall furnish the items specified in the Contract.
Substitution after Award is specified in 00180.31(b), 00180.31(c), and 00180.31(d). The procedure
for requesting approval is as follows:
(a) Written Request - Unless specified as the subject of an exemption per ORS 279C.345, if a
Bidder proposes to use Materials, Equipment, products, and/or methods other than those specified,
the Bidder shall send a written request to the Engineer, at least 7 Calendar Days prior to Bid
Opening, including complete descriptive and technical information on the proposed Materials,
Equipment, products, and/or methods.
(b) Functional Similarity - Materials, products, and Equipment proposed for substitution shall be
similar in design, and equal or better in quality and function to those specified.
(c) Manufacturer's Information - If manufacturers' brochures or information is needed, the
Bidder shall submit three copies of each with all pertinent information clearly marked.
(d) Differences - The Bidder shall specifically note all differences between the specified Materials,
Equipment, products, and/or methods and the proposed substitutes.
(e) Cost - Where a substitute will result in alteration of the design or space requirements, or any
other modifications to the Plans, the Bidder shall include in the substitution request all items of cost
for the revised design and construction.
(f) Notification of Holders of Bidding Plans - If the Engineer approves any proposed
substitution, such approval, and any modifications necessitated to the design and construction by
the substitution, will be acknowledged by Addenda.
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. 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:
• 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.
16
Attachment 1, Page 25 of 175
Exhibit A, age lg of 174
00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule
are approximate and are provided only for comparison of Bids. The Agency does not warrant that the
actual individual items, amount of Work, or quantities will correspond to those shown in the Bid
Schedule. Payment to the Contractor will be made only for actual quantities of Work performed and
accepted or Materials furnished and accepted, as required by the Contract. Quantities of Work to be
performed and Materials to be furnished may each be increased, decreased, or omitted as provided
in 00120.30 and 00140.30.
00120.25 Subsurface Investigations - If the Agency or its consultant has conducted subsurface or
geologic investigations of the proposed Project Site, the results of the investigations may be included
in written reports. If reports have been prepared, copies will be available at the Engineer's office. If
the Agency has retained subsurface samples, they will also be available for inspection. Bidders and
the Contractor may make arrangements for viewing the samples through the Engineer's office.
The availability of subsurface information from the Agency is solely for the convenience of the Bidder
and shall not relieve the Bidder or the Contractor of any risk, duty to make examinations and
investigations as required by 00120.15, or other responsibility under the Contract Documents. It is
mutually agreed to by all parties that:
• The written report(s) are reference documents and not part of the Contract Documents.
• The subsurface investigations made by the Agency are for the purpose of obtaining data for
planning and design of the Project.
• The data for individual test boring logs apply only to that particular boring and is not intended to
be conclusive as to the character of any material between or around test borings.
• If Bidders use this information in preparing a Bid, it is used at their own risk, and Bidders are
responsible for all conclusions, deductions, and inferences drawn from this information.
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. Bidders shall be responsible for checking for on the City's website website weekly until the
week of Bid Closing and daily the week of Bid Closing.
The Agency will also provide Addenda by publishing them on the Oregon Procurement Information
Network (OregonBuys) website. (See 00110.05(e).)
The Agency will not be responsible for failure of Bidders to check and download Addenda 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 - Bids not in compliance with the requirements of this Subsection will
be considered non-responsive.
(a) General:
(1) Paper Bids - For Bids submitted by paper, the Bidders shall not alter, in any manner, the
paper 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 paper Bid Booklet. Entries on
paper documents in the Bid Section shall be in ink or typed. Signatures and initials shall be in
ink, except for changes and withdrawals submitted by email transmission as provided
by 00120.60 (in which case signatures on the scanned document shall be considered originals).
17
Attachment 1, Page 26 of 175
00120.40
Exhibit A, Page 26 of 174
The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified
in 00120.10, together with all other required documents that are part of the Bid Booklet, 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(e).) The schedule of documents to be returned for
bid to be responsive is listed in the Instructions to Bidders, Section 5, 5.1: Bid Booklet
(b) Bidding Considerations - Bidders may refer to the following Subsections for requirements
that may affect bidding considerations:
Subsection Requirements
00120.80
Reciprocal Preference for Oregon Resident Bidder's
00130.80
Project Site Restrictions
00150.55
Cooperation with Other Contractors
00150.75
Protection and Maintenance of Work during Construction
00160.20(a)
Buy America
00160.20(b)
Buy Oregon
00170.07
Record Requirements
00180.20
Subcontracting Limitations
00180.21
Subcontracting
00195.00(a)
Cost of Insurance and Bonds
00195.50(a)(1)
Progress Estimates
00199.30
Claims Procedure
(c) Bid Schedule Entries:
(1) Paper Bid Schedule Entries - Using figures, Bidders shall fill in all blank spaces in the
paper Bid Schedule. For each item in the paper Bid Schedule, Bidders shall enter the unit price
and the product of the unit price multiplied by the quantity given. The unit price shall be greater
than zero, shall contain no more than two decimal places to the right of the decimal point, and
shall be expressed in U.S. dollars and cents (for example, $150.25 or $0.37). Bidders shall also
enter the total amount of the Bid obtained by adding amounts for all items in the paper Bid
Schedule. Corrections or changes of item entries shall be in ink, with incorrect entry lined out
and correct entry entered and initialed.
(d) 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.
(e) Bid Guaranty -All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the
total amount of the Bid. 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. The Bid guaranty shall be either a Surety bond, irrevocable letter of credit
issued by an insured institution as defined in ORS 706.008, or security in the form of a cashier's
check or certified check made payable to the Agency. (See ORS 279C.365(4).)
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with
the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal
affixed. The Bid guaranty shall be submitted by mail, email, delivery service, or hand delivered to
the offices and addresses, and at the times given in the paper Bid Booklet.
(1) Bid Guaranty with Paper Bids - For Bids submitted by paper, the Bid guaranty shall be
either a Surety bond, irrevocable letter of credit issued by an insured institution as defined in
ORS 706.008, or security in the form of a cashier's check or certified check made payable to the
Agency. (See ORS 279C.365(4).)
18
Attachment 1, Page 27 of 175
Exhibit A, age O of 174
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included
with the paper Bid Booklet. 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 paper Bid Booklet.
(Update the following subsection as appropriate and submit.)
(f) Disclosure of First -Tier Subcontractors - Without regard to the amount of a Bidder's Bid, if
the Agency's cost range for a public improvement Project in the "Notice to Contractors", or in other
advertisement or 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. Failure to submit a form or submission of a
form that does not include the information required by ORS 279C.370 for each Subcontractor listed,
specifically the name of each Subcontractor, the dollar amount of each subcontract and the
category of Work that each Subcontractor will perform, will result in the rejection of the Bid. The
Agency is not required to determine the accuracy or the completeness of the Subcontractor
disclosure. See ORS 279C.370 and OAR 731-007-0260.
(1) Disclosure with Paper Bids - The Subcontractor Disclosure Form may be submitted for a
paper Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting
it together with the Bid at the time and place designated for receipt of Bids;
• By removing it from the paper Bid Booklet, filling it out and submitting it separately to the
Agency at the address given
• By removing it from the paper Bid Booklet, filling it out and submitting it by regular mail or
delivery service, as long as it arrives no more than 2 hours after bid opening, or; rBy e-
mail, using the form and address provided on the Agency's bid book or website named in
the paper Bid Booklet.
(Update the following subsection as appropriate and submit.)
Subcontractor Disclosure Forms submitted by any method will be considered late if not received
by the City of Springfield within 2 working hours of the time designated for receiving Bids.
The City of Springfield is not responsible for partial, failed, illegible or partially legible email
transmissions or submittals, and such forms may be rejected as incomplete.
19
Attachment 1, Page 28 of 175
00120.45
Exhibit A, Page 28 of 174
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.
(Certified LPA to update as needed if the Certified LPA has their own COI form and process)
(g) Disclosure of Conflict of Interest — The Agency has adopted Conflict of Interest Guidelines
and disclosure requirements. Bidders shall review the City of Springfields Conflict of Interest
Guidelines, Bidders shall complete the Conflict of Interest Disclosure Form(s) and submit the
Form(s) to the Agency, before the time Bids are due to be submitted, by paper in accordance with
00120.45(a). The City of Springfield Conflict of Interest Disclosure Form are available on the
Standard Specifications for Construction webpage (see 00110.05(e)), and a copy of the Form has
also included in the Bid Booklet.
00120.45 Submittal of Bids:
(a) Paper Bids - Paper Bids may be submitted by mail, parcel delivery service, or hand delivery
to the offices and addresses, and at the times, given in the Bid Booklet. Bidders shall submit paper
Bids in a sealed envelope marked with the word "Bid", the name of the Project, and the words "To
Be Opened Only by Authorized Personnel" on the outside. If submitting Bids by mail or by parcel
delivery service, the Bidder shall place the sealed envelope containing the paper Bid inside a
separate sealed envelope or package.
Paper Bids submitted after the time set for receiving paper Bids will not be opened or considered.
The City of Springfield assumes no responsibility for the receipt and return of late paper Bids.
Preparation and submission of Bids is at the sole risk and expense of the Bidder and is not a cost
of contract performance.
(Optional provision. Delete or update the following subsection as appropriate and submit.
Note: Use of this provision requires inclusion of a limiting statement in the bid booklet.)
00120.60 Revision or Withdrawal of Bids:
(a) Paper Bids - Information entered into the paper Bid Booklet by the Bidder may be changed
after the paper Bid has been delivered to the Agency, provided that:
• Changes are prepared according to the instructions identified in the Bid Booklet; and
• Changes are received at the same offices, addresses, and times identified in the paper Bid
Booklet for submitting Bids; and
• The changes are submitted in writing, either by hand delivery or by scanning and submitting
via email to the address given in the paper Bid Booklet, and is signed by an individual
authorized to sign the Bid.
A Bidder may withdraw its paper Bid after it has been delivered to the Agency, provided that:
• The written withdrawal request is submitted on the Bidder's letterhead, either by hand delivery
or by scanning and submitting via email to the address given in the paper Bid Booklet; and
• The request is signed by an individual who is authorized to sign the Bid, and proof of
authorization to sign the Bid accompanies the withdrawal request; and
20
Attachment 1, Page 29 of 175
Exhibit A, age fl of 174
• The request is received at the same offices, addresses, and times identified in the paper Bid
Booklet for submitting Bids.
(Update the following subsection as appropriate and submit.)
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 specified in the Bid Advertisement. 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.
00120.70 Rejection of Non-responsive 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 00120.01.
• 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 (save for changes
received by FAX or email as provided by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not
shown on the Bid if required in the Solicitation Document. This requirement applies to Agency
and State funded Projects, with the exception of- Aggregate production and landscape Projects.
(Not required on Federal -aid Projects.)
• A disclosure of first-tier Subcontractors, if required under 00120.40(f), is not received
within 2 working hours of the time Bids are due to be submitted, or the disclosure form is not
complete.
• The Bidder has not complied with the DBE requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid contains entries with more than two decimals to the right of the decimal point.
21
Attachment 1, Page 30 of 175
00120.80
Exhibit A, Page 30 of 174
• 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.
• The Bidder has not submitted required Conflict of Interest Disclosure Form(s), if any.
(See 00120.40(g).)
In addition, the Agency may reject all Bids for good cause upon its finding that it is in the public interest
to do so. The Agency may also waive minor informalities or irregularities.
00120.80 Reciprocal Preference for Oregon Resident Bidders - This Subsection applies only to
Contracts for Projects financed without federal funds.
Bidders shall complete the certificate of residency provided by the Agency in the Bid Booklet. Failure
to properly complete the form will be cause to reject the Bid.
As used in the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who
has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission of the Bid;
• A business address in the State of Oregon; and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract, add a
percentage increase to the Bid of a Nonresident Bidder equal to the percentage, if any, of the
preference given to that Bidder in the state in which the Bidder resides (ORS 279A.120). The
percentage preference applied in each state will be published on or before January 1 of each year by
the Oregon Department of Administrative Services. The Agency may rely on these percentages
without incurring liability to any Bidder (ORS 279A.120).
This increase will only be applied to determine the lowest Bid, and will not cause an increase in
payment to the Contractor after Award of the Contract.
00120.90 Disqualification of Bidders - The Bid(s) of a disqualified Bidder will be rejected. Any of
the following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different
name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found not responsible,
and may be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 279C.440.
A Bidder will be disqualified if the Bidder has:
• 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 has not
been licensed by the State Landscape Contractors Board before submitting a Bid
(ORS 279C.365(1)(k), ORS 701.021, ORS 701.026, and ORS 671.530). The Bidder's
registration number and expiration date shall be shown in the Bid form, if requested. Failure to
22
Attachment 1, Page 31 of 175
Exhibit A, age 31 of 174
furnish the registration number, if requested, will render the Bid non-responsive and subject to
rejection. (Not required on Federal -aid 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 Non -responsibility of Bidder
- The Bid of a Bidder who is found to be non -responsible according to the criteria listed in 00130.10
or ORS 279C.375(3) will be rejected.
(Optional provision. Delete or update the following subsection as appropriate and submit.
Note: Including this option would require the Certified LPA to have an administrative structure
and consultant services in place to fulfill this term. This may be appropriate for a complex,
multi-year project.)
23
Attachment 1, Page 32 of 175
00130.00
Exhibit A, Page 32 of 174
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.
The Agency reserves the right to waive minor informalities and irregularities, seek clarification of any
Bid or response that, in its sole discretion, it deems necessary or advisable, 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 significantly unbalanced to the Agency's potential
detriment. The Agency may correct obvious clerical errors, when the correct information can be
determined from the face of the documents, if it finds that the best interest of the Agency and the
public will be served thereby.
Bids will be considered and a Contract awarded, if at all, within 45 Calendar Days from the date of Bid
Opening, unless an extension beyond that time is agreed to by both parties and acknowledged in
writing by the Bidder.
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 who submitted the lowest
responsive Bid, who is not on the list created by the Construction Contractors Board according to ORS
Chapter 701, and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial, Materials, Equipment, facility and personnel resources and
expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of
the prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance. In evaluating a Bidder's record of performance, the
Agency may consider, among other things, whether the Bidder completed previous contracts of
a similar nature with a satisfactory record of performance. For purposes of evaluating a Bidder's
performance on previous contracts of a similar nature, a satisfactory record of performance
means that to the extent that the costs associated with and time available to perform a previous
contract remained within the Bidder's control, the Bidder stayed within the time and budget
allotted for the procurement and otherwise performed the contract in a satisfactory manner.
Satisfactory performance of the Contract also includes compliance with the requirements for
records in 00170.07 for Contracts with the Agency.
• A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may
consider, among other things, whether the Bidder has previous criminal convictions for offenses
related to obtaining or attempting to obtain a contract or subcontract or in connection with the
Bidder's performance of a contract or subcontract.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency will 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.
24
Attachment 1, Page 33 of 175
Exhibit A, age S of 174
The Agency will post the Notice of Intent to Award on the City of Springfield's website.(See
00110.05(e)).
The Award will not be final until the latest of the following:
• Seven Calendar 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; or
• Formal Council Award (for projects over $100,000)
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.
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 7 Calendar Days following the date of
the Notice of Intent to Award. The protest shall specify the grounds upon which it is based.
An aggrieved Bidder may protest an award only if the bidder alleges, in its written protest, that it should
have received the award because:
(a) All lower Bids are non-responsive;
(b) The Agency failed to conduct the Bid process as described in the Bid Document;
(c) The Agency has abused its discretion in rejecting the protestor's Bid as non-responsive or non -
responsible; or
(d) The Agency's evaluation of Bids or subsequent determination of award is otherwise in violation
of ORS Chapters 279A and 279C or the Agency's public contracting rules.
The written protest must describe the facts that support the protest. The Agency will not consider late
protests or protests that do not describe facts that would support a finding that the Bidder is aggrieved
for one of the reasons in clauses (a) through (d) above.
00130.20 Cancellation of Award - Without liability to the Agency, the Agency may for good cause
cancel Award at any time before the Contract is executed by all parties to the Contract, as provided
by ORS 279C.395 for rejection of Bids, upon finding it is in the public interest to do so.
00130.30 Contract Booklet - The Contract booklet may include, but is not limited to:
• Bid Submittal. Terms and Declarations
• Contract (Sample)
• Prevailing Wage Rate Information
• Special Provisions — Section (A); General Requirements
• Special Provisions —Section B; Scope of Work
• First-tier Subcontractor disclosure form
25
Attachment 1, Page 34 of 175
00130.40
Exhibit A, Page 34 of 174
• Financial Responsibility
• Certificate of non-discrimination regarding ORS 279A.110
• Minority, Woman and Emerging Small Business/Disadvantaged Business Enterprise Form
• Certificate of non -collusion
• 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 Bond (Sample)
• Performance Bond (Sample)
• Payment Bond (Sample)
• Construction Plans and Drawings
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. 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.
When a coating system warranty is required by 00594.75, the Contractor shall also furnish a
supplemental warranty performance bond as and when described in 00594.75.
(b) Certificates of Insurance - The successful Bidder shall furnish the Agency certificates of
insurance applicable to the Project, according to 00170.70. The insurance coverages shall remain
in force throughout the performance of the Contract and shall not be allowed to lapse without prior
written approval of the Agency. Bidders may refer to 00170.70 for minimum coverage limits and
other requirements.
For specified Contracts, certified copies, and in some instances the original, of insurance policies
may be required by the Special Provisions.
(c) Workers' Compensation - To certify compliance with the workers' compensation insurance
coverage required by 00170.61(a) and 00170.70(d), the successful Bidder shall complete and sign
the "Certification of Workers' Compensation Coverage" form bound in the Contract booklet.
(d) 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
26
Attachment 1, Page 35 of 175
Exhibit A, age ig of 174
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 Chapter 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.
(e) Tax Identification Number - The successful Bidder shall furnish the Agency the Bidder's
Federal Tax Identification Number.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder - The successful Bidder shall deliver the required number of Contract booklets
with the properly executed Contract, Performance Bond, Payment Bond, certification of workers'
compensation coverage, and the required certificates of insurance, to the Agency within 5 Work
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. Certificates of insurance for coverages that are permitted by the Agency under
00170.70(a) to be obtained by appropriate Subcontractors shall be delivered by the Contractor to
the Agency together with the Contractor's request under 00180.21 for approval of the subcontract
with that Subcontractor. 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 7 Working Days after the Agency has received and verified the
properly executed documents specified in 00130.50(a), and received legal sufficiency approval
from the Agency's attorney (if required), the Agency will execute the Contract. The Agency will
then send a fully -executed original Contract booklet to the successful Bidder, who then officially
becomes the Contractor.
27
Attachment 1, Page 36 of 175
00130.60
Exhibit A, Page 36 of 174
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 go onto the Project Site on which the Work is to be done, nor move Materials,
Equipment, or workers onto that Project Site.
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
than 60 Calendar Days elapse between the date the Bid is opened and the date the Agency sends
the Contract to be executed, 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.
00130.90 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).
The Engineer will issue a First Notification recording the date the performance of the Contract has
begun.
28
Attachment 1, Page 37 of 175
Exhibit A, age 9 of 174
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, Cross Section data,
Typical Sections, dimensions, and other details shown on the Plans or as modified by written
order, or as directed by the Engineer.
• The Contractor shall perform all Work determined by the Engineer to be necessary to complete
the Project.
• 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 shall provide the Agency with a copy of any resulting modification to bond
documents. The Contractor's performance of Work according to Change Orders shall neither
29
Attachment 1, Page 38 of 175
00140.40
Exhibit A, Page 38 of 174
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.
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:
For Federal -Aid projects:
• Type 1 - Subsurface or latent physical conditions 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.
For projects that are not Federal -Aid projects:
• Type 1 - Subsurface or latent physical conditions that could not have been discovered by
careful examination of the Project Site, utilities and available records as described in 00120.15
and 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.
30
Attachment 1, Page 39 of 175
Exhibit A, age "fl of 174
00140.65 Disputed Work - The Contractor may dispute any part of a Change Order, written order,
or an oral order from the Engineer by the procedures specified in Section 00199.
00140.70 Cost Reduction Proposals -The Contractor may submit written proposals to the Engineer
that modify Plans, Specifications, or other Contract Documents for the sole purpose of reducing the
total cost of construction. Unless otherwise agreed to in writing by the Agency, a proposal that is
solely or primarily a proposal to reduce estimated quantities or delete Work, as determined by the
Engineer, is not eligible for consideration as a cost reduction proposal and will instead be addressed
under 00140.30, whether proposed or suggested by the Agency or the Contractor.
(a) Proposal Requirements - The Agency will not adopt a cost reduction proposal that impairs
essential functions or characteristics of the Project, including, but not limited to, service life,
economy of operation, ease of maintenance, designed appearance, or design and safety
standards.
To conserve time and funds, the Contractor may first submit a written request for a feasibility review
by the Engineer. The request should contain a description of the proposal together with a rough
estimate of anticipated dollar and time savings. The Engineer will, within a reasonable time, advise
the Contractor in writing whether or not the proposal would be considered by the Agency, should
the Contractor elect to submit a detailed cost reduction proposal.
A detailed cost reduction proposal shall include without limitation the following information:
• A description of existing Contract requirements for performing the Work and the proposed
change;
• The Contract items of Work affected by the proposed change, including any quantity variation
caused by the proposed change;
• Pay Items affected by the proposed change including any quantity variations;
• A detailed cost estimate for performing the Work under the existing Contract and under the
proposed change. Cost estimates shall be made according to Section 00197. Costs of
re -design, which are incurred after the Agency has accepted the proposal, shall 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 determine in its sole discretion whether to accept a cost reduction proposal as
well as the estimated net savings in construction costs from the adoption of all or any part of the
proposal. In determining the estimated net savings, the Engineer may disregard the Schedule of
Items. The Engineer will establish prices that represent a fair measure of the value of Work to be
performed or to be deleted as a result of the cost reduction proposal.
(d) Sharing Investigation Costs - As a condition for considering a Contractor's cost reduction
proposal, the Agency reserves the right to require the Contractor to share in the Agency's costs of
investigating the proposal. If the Agency exercises this right, the Contractor shall provide written
acceptance of the condition to the Engineer. Such acceptance will authorize the Agency to deduct
31
Attachment 1, Page 40 of 175
00140.80
Exhibit A, Page 40 of 174
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 to which the Agency's approval is subject;
• Estimated net savings in construction costs attributable to the approved cost reduction
measures; and
• A payment provision according to which the Contractor will be paid 50% of the estimated net
savings amount as full and adequate consideration for performance of the Work of the
Change Order.
The Contractor's cost of preparing the cost reduction proposal and the Agency's costs of
investigating the proposal, including any portion paid by the Contractor, will be excluded from
determination of the estimated net savings in construction costs. Costs of re -design, which are
incurred after the Agency has accepted the proposal, will be included in the cost of the Work
attributable to cost reduction measures.
If the Agency accepts the cost reduction proposal, the Change Order that authorizes the cost
reduction measures will also address any Contract Time adjustment.
(f) Right to General Use - Once submitted, the cost reduction proposal becomes the property of
the Agency. The Agency reserves the right to adopt the cost reduction proposal for general use
without additional compensation to the Contractor when it determines that a proposal is suitable for
application to other contracts.
00140.80 Use of Publicly Owned Equipment - The Contractor is prohibited from using publicly
owned Equipment except in the case of emergency. In an emergency, the Contractor may rent
publicly owned Equipment provided that:
• The Engineer provides written approval that states that such rental is in the public interest; and
• Rental does not increase the Project cost.
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.
32
Attachment 1, Page 41 of 175
Exhibit A, age 4 of 174
• 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.
• Erosion and sediment controls 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.
33
Attachment 1, Page 42 of 175
00150.00
Exhibit A, Page 42 of 174
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 in writing by the Agency.
Interim approvals issued by the Engineer, including, but not limited to, Third Notification, 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.
34
Attachment 1, Page 43 of 175
Exhibit A, age 4 of 174
(Optional provision. Delete or update the following subsection as appropriate and submit.
Note: Including this option would require the Certified LPA to have an administrative structure
and consultant services in place to fulfill this term. This may be appropriate for a complex,
multi-year project.)
00150.10 Coordination of Contract Documents -The Contract Documents, including, but not
limited to, Contract Change Orders, the Special Provisions, the Plans, and the Standard Specifications
are intended to collectively describe all of the items of Work necessary to complete the Project.
(a) Order of Precedence - The Engineer will resolve any discrepancies between these
documents in the following order of precedence:
• Contract Change Orders;
• Addenda;
• Special Provisions;
• Stamped Agency -prepared drawings specifically applicable to the Project and bearing the
Project title;
• Reviewed and accepted, stamped Working Drawings;
• Supplemental Agency prepared line, grade and Cross Section data applicable to the Project;
• Standard Drawings;
• Approved unstamped Working Drawings ;
• Supplemental Specifications;
• Standard Specifications;
■ The Public Improvement Contract; and
• All other Contract Documents not listed above, including permits from governmental
agencies.
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.
(b) Immaterial Discrepancies - The Contract Documents specify details for the construction and
completion of the Work. If Contract Documents describe portions of the Work in sufficient detail
but are silent in some minor respect, the Contractor may proceed utilizing the current best industry
practices.
(c) Material Discrepancies - If the Contractor identifies a discrepancy, error, or omission in the
Contract Documents that cannot be resolved by the approach specified in (b) above, the Contractor
shall immediately request clarification from the Engineer.
00150.15 Construction Stakes, Lines, and Grades:
(a) General - The Contractor shall perform no Work until the Engineer establishes field controls.
Work performed without field controls will be subject to removal at the Contractor's expense.
(b) Agency Responsibilities - The Engineer will:
35
Attachment 1, Page 44 of 175
00150.20
Exhibit A, Page 44 of 174
• Lay out and set construction stakes and marks to establish the lines, grades, Slopes, Cross
Sections, and curve super -elevations for roadwork;
• Provide one set of construction stakes for line and grade for each additional phase of the Work
as follows:
1. Streets — Top face of curb.
2. Alleys — Finish grade in the invert of the alley.
3. Sidewalks — Finish grade nearest the back of walk.
4. Pipes — Invert elevation at centerline of the pipe.
5. Access Ramps — Finish grade at grade breaks.
6. Manhole/Inlets/Catch Basins — Location and one invert elevation.
• The Agency will replace survey monuments disturbed during construction that have not been
noted in the Plans to be protected.
• Set bench marks and stakes for centerline of Bridges and bents;
• Calculate and provide finish deck grades; and
• Deduct from payments due the Contractor all costs incurred to replace stakes and marks
negligently or intentionally damaged, removed, or destroyed by the Contractor.
(c) Contractor Responsibilities - The Contractor shall:
• Inform the Engineer of staking requirements at least 5 Calendar Days before the staking
needs to begin;
• Coordinate construction to provide sufficient area for the Engineer to perform surveying work
efficiently and safely;
• Accurately measure detailed dimensions, elevations, and Slopes from the Engineer's stakes
and marks;
• Perform the Work in such a manner as to preserve stakes and marks;
• Set any reference lines for automatic control from the control stakes provided by the Engineer;
and
• 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.
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.
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. The foregoing sentence shall not apply if the Engineer fails to inspect the
Work within a specific period of time required in the Contract or, in the absence of a specific period
of time, within a reasonable period of time after receiving the Contractor's timely written request for
inspection or testing.
At the Engineer's direction, any time before the Work is accepted, the Contractor shall uncover
portions of the completed Work for inspection. After inspection, the Contractor shall restore these
36
Attachment 1, Page 45 of 175
Exhibit A, age g of 174
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 - 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
• 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.
(Optional language shown in orange below for consideration by the Certified LPA regarding
FAX and email.)
00150.30 Delivery of Notices - Written notices to the Contractor by the Engineer or the Agency will
be delivered:
• In person;
• 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;
37
Attachment 1, Page 46 of 175
00150.35
Exhibit A, Page 46 of 174
• 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 Special Provisions, unless a different address is agreed to by the Engineer, and
shall be delivered:
• In person;
• 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;
• 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.
For purposes of this Subsection, the time zone is Pacific Standard Time (PST) to determine time of
receipt of notices and other documents. For purposes of this Subsection, non -business days are
Saturdays, Sundays and legal holidays as defined by ORS 187.010 and 187.020.
Following Notice to Proceed, all notices and other documents submitted to the Contractor by the
Engineer, or to the Engineer by the Contractor, electronically under 00170.08:
• If email received before 5:00 p.m. PST on a business day it shall be considered as received on
the business day on which it was actually received
• If email received on a non -business day, or after 5:00 p.m. PST on a business day, it shall be
considered as received at 8:00 a.m. PST on the next business day.
Claims must be submitted on paper documents according to Section 00199.
(ODOT modified the "3D" in the caption to eliminate a problem with the header so the header
would show 00150.35 and not 00156.35. This addition of .0000 with font white size small
however creates a problem that needs to be addressed in the TOC when it is generated. if the
Certified LPA does not use or care about the header this addition of .0000 may be deleted.)
00150.35 Plans and Working Drawings:
(a) Plans - The Agency -prepared Plans will show details of lines, grades, Cross Sections, and
Typical Section of the Roadway, and locations and design details of Structures.
(b) Working Drawings - The Contractor shall supplement the Agency -prepared Plans with
stamped Working Drawings, unstamped Working Drawings, that show all information necessary to
complete the Work. The applicable Section or Subsection of the Standard Specifications will
indicate the supplemental information required and whether the drawings are to be stamped or
unstamped. Stamped Working Drawings and unstamped Working Drawingsare defined as follows:
38
Attachment 1, Page 47 of 175
Exhibit A, age ii of 174
(1) Stamped Working Drawings - Working Drawings, calculations, and other data which are
prepared by or under the direction of a Professional Engineer licensed in the State of Oregon,
and which bear the engineer's signature, seal, and expiration date.
(2) Unstamped Working Drawings - Working Drawings, calculations, and other data that do
not bear an engineering seal.
(c) Number, Size, and Format of Working Drawings - The Contractor shall submit Working
Drawings according to one of the following methods:
(1) Paper Submittal - The Contractor shall submit to the Engineer seven copies of Working
Drawings for steel Structures and six copies of Working Drawings for other Structures. The
submitted copies shall be clear and readable. Drawing dimensions shall be 8 1/2 by 11 inches,
11 by 17 inches, or 22 by 36 inches in size. One copy of the submitted Working Drawings will
be returned to the Contractor after processing. The Contractor shall submit such additional
number of copies to the Engineer for processing that the Contractor would like to have returned.
(2) Electronic Submittal - The Contractor shall submit electronic Working Drawings as
directed by the Engineer.
(d) Processing Working Drawings - The Engineer will process Working Drawings as follows:
(1) Stamped Working Drawings - Stamped Working Drawings will be designated as
"accepted", "accepted with comments", or "returned for correction" by the Engineer. If stamped
Working Drawings are returned for correction by the Engineer, the Contractor shall address all
comments and resubmit the stamped Working Drawings.
(2) Unstamped Working Drawings - Unstamped Working Drawings will be designated as
"approved", "approved as noted", or "returned for correction" by the Engineer. If unstamped
Working Drawings are returned for correction by the Engineer, the Contractor shall address all
comments and resubmit the unstamped Working Drawings.
The Contractor shall not fabricate or construct any structural components until the stamped or
unstamped Working Drawings are returned by the Engineer with a written designation of
"accepted", "accepted with comments", "approved", or "approved as noted", as applicable for the
Working Drawings.
The Engineer's processing of the Working Drawings does not amend any contractual obligations
of the parties.
The Engineer will process and return Working Drawings within 21 Calendar Days (65 Calendar
Days if Railroad approval is required) after receipt by the Engineer. If the Engineer fails to return
such drawings or models within this period of time, the Engineer will consider granting a Contract
Time extension according to 00180.80. If the Contractor is required to resubmit Working Drawings
to the Engineer, the Engineer will process and return the Working Drawings within 21 Calendar
Days (65 Calendar Days if Railroad approval is required) after receipt of the resubmitted Working
Drawings by the Engineer.
00150.37 Equipment Lists and Other Submittals - The Contractor shall submit Equipment lists,
and other required submittals for approval by the Engineer. Within each submittal, the Contractor shall
39
Attachment 1, Page 48 of 175
00150.40
Exhibit A, Page 48 of 174
clearly identify the applicable specification sub -section and the product make, model, size and any
proposed options. The Engineer will respond to requests for approval within 21 Calendar Days (65
Calendar Days if Railroad approval is required) after receipt by the Engineer unless otherwise
specified in the Section of the Specifications requiring such approval.
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 limitation,
the Work performed by Subcontractors, Suppliers, and owner/operators.
• Diligently pursue progress of the Work according to the schedule requirements of
Section 00180.
• Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance
of the Work.
• Provide all assistance reasonably required by the Engineer to obtain information regarding
the nature, quantity, and quality of any part of the Work.
40
Attachment 1, Page 49 of 175
Exhibit A, age B of 174
• Provide access, facilities and assistance to the Engineer in establishing such lines, grades
and points as the Engineer requires.
• Carefully protect and preserve the Engineer's marks and stakes.
Any Superintendent or alternate Superintendent who repeatedly fails to follow the Engineer's written
or oral orders, directions, instructions, or determinations, shall be subject to removal from the Project.
If the Contractor fails or neglects to provide a Superintendent, or an alternate Superintendent, and no
prior approval has been granted, the Engineer has the authority to suspend the Work according
to 00180.70. Any continued Work by the Contractor, Subcontractors, Suppliers, or other providers
may be subject to rejection and removal. The Contractor's repeated failure or neglect to provide the
superintendence required by these provisions constitutes a material breach of the Contract, and the
Engineer may impose any remedies available under the Contract, including, but not limited to,
Contract termination.
00150.50 Cooperation with Utilities:
(a) General - Unless otherwise specified in the Special Provisions or 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) Agency Responsibilities - Before Bids are received, the Agency will make preliminary
arrangements for planned Adjustment of Utilities. The Agency will list in the Special Provisions the
estimated completion dates or times for adjustment work by the Utility owner, and will include a
general statement describing any relocation. The Plans will not normally show the anticipated new
location of Utilities that have been or will be adjusted.
(c) Contractor's Responsibilities - The Contractor shall
• Follow applicable rules adopted by the Oregon Utility Notification Center;
• Contact Utility owners during Bid preparation and 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. Maintain and re-establish location marks according to
OAR 952-001-0090(3)(a). Coordinate re-establishment of the location marks with the
associated Utility;
• Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect the
Utility from damage or disturbance and promptly notify the Engineer;
• Determine the exact location before excavating within the tolerance zone according to
OAR 952-001-0090(3)(c);
• Backfill any exposed Utilities as recommended and approved by the Utility representative.
Obtain Utility locate warning tape from the Utility and replace damaged or removed warning
tape. Utility locate warning tape may not be present at all existing Utilities;
• Stake, place warning tape, and maintain no work limits around critical Utility facilities as shown
or directed by the Engineer and the Utility;
41
Attachment 1, Page 50 of 175
00150.55
Exhibit A, Page 50 of 174
• In addition to the notification required in OAR 952-001-0090(6), notify the Engineer and the
Utility as soon as the Contractor discovers any previously unknown Utility conflicts or issues.
Contrary to the OAR, stop excavating until directed by the Engineer and allow the Utility a
minimum of two weeks to relocate or resolve the previously unknown Utility issues; 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 adjust the Utilities by asking the Utility
owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the
Special Provisions. The Contractor shall conduct all negotiations, make all arrangements, and
assume all costs that arise from such changes.
(d) Delays - If the Contractor complies with 00150.50(c), and if Utility adjustments are completed
later than the date specified in the Special Provisions, thus causing Project completion to be
delayed (provide notification under 00180.60), additional Contract Time will be considered
under 00180.80, and additional compensation, if applicable, will be considered under 00195.40.
(e) Notification - Unless otherwise specified in the Special Provisions, the Project is located within
the area served by the Oregon Utility Notification Center, which operates a Utilities notification
system for notifying owners of Utilities about Work being performed in the vicinity of their facilities.
The Contractor shall notify owners of Utilities prior to the performance of Work in the vicinity of their
facilities. The Utilities notification system telephone number is 811 or 1-800-332-2344.
The Contractor shall comply with the rules of the Oregon Utility Notification Center,
OAR 952-001-0010 through OAR 952-001-0090, and ORS 757.993. The Contractor may contact
the Oregon Utility Notification Center at 503-232-1987 about these rules.
00150.55 Cooperation with Other Contractors - The Agency reserves the right to perform other
work on or near the Project Site, including, without limitation, any Materials site, with forces other than
those of the Contractor.
If such work takes place on or near the Project Site, the Contractor shall have the following obligations:
• The Contractor shall coordinate Work with other contractors or forces.
• The Contractor shall cooperate in good faith with all other contractors or forces.
• The Contractor shall perform the Work specified in the Contract in a way that will minimize
interference and delay for all forces involved.
• The Contractor shall place and dispose of the Materials being used so as not to interfere with
the operations of other forces.
• The Contractor shall join the Work with that of other forces in a manner acceptable to the
Engineer or the Agency, and shall perform it in the accepted sequence with the work of the other
force.
The Engineer will resolve any disagreements under this Subsection that may arise among the
Contractor and other work forces, or between the Contractor and the Agency. The Engineer's decision
in these matters is final, as provided in 00150.00.
When the schedules for Work of the Contractor and the work of other forces overlap, each contractor
involved shall submit a current, realistic progress schedule to the Engineer. Before the Engineer
accepts the schedule, each party shall have the opportunity to review all schedules. After this review
and any necessary consultations, the Engineer will determine acceptable schedules.
42
Attachment 1, Page 51 of 175
Exhibit A, age P of 174
The Contractor waives any right it may have to make claims against the Agency for any damages or
claims that may arise because of inconvenience, delay, or loss due solely to the presence of other
contractors working on or near the Project Site.
If the Contract gives notice of work to be performed by other forces that may affect the Contractor's
Work under the Contract, the Contractor shall include any costs associated with coordination of the
Work in the appropriate Pay Item or as a portion of a Pay Item.
In an emergency, the Contractor most immediately able to respond may repair a facility or Utility of
another contractor in order to prevent further damage to the facility, Utility, or other Structure as a
result of the emergency.
00150.60 Construction Equipment Restrictions:
(a) Load and Speed Restrictions for Construction Vehicles and Equipment - The Contractor
shall comply with legal weight and speed restrictions when moving Materials or Equipment beyond
the limits of the Project Site.
The Contractor shall control vehicle and Equipment loads and speeds within the Project Site
according to the following restrictions, unless the Special Provisions provide otherwise:
• The Contractor shall restrict loads and speeds as necessary to avoid displacement or loss of
Materials on Subgrades and Aggregate Bases.
• The Contractor shall restrict weights to legal loads, and shall travel at speeds of no more than
45 mph or the posted construction speed, whichever is less, on treated Bases, Pavement, or
wearing Courses.
• The Contractor shall not cross Bridges or other Structures with Equipment or vehicles
exceeding the legal load limit without prior written permission of the Engineer. The Contractor
shall make any such request in writing, describing the loading details and the arrangement,
movement, and position of the Equipment on the Structure. The Contractor shall comply with
any restrictions or conditions included in the Engineer's written permission.
(b) Protection of Buried Items - The Contractor shall use temporary fill or other methods to avoid
overload of pipes, box culverts, and other items that are covered, or to be covered, by fill or backfill.
(c) Responsibility for Damages - The Contractor shall assume responsibility for damages
caused by excessive Equipment speed or loads while performing the Work, both inside and outside
the Project Site. The Engineer's permission to cross Bridges and other Structures, according
to 00150.60(a), will not relieve the Contractor from responsibility for load -caused damages.
00150.70 Detrimental Operations -The Contractor shall avoid operations whose methods,
conditions, or timing may injure people or damage property or the Work. Damage may include, without
limitation, staining surfaces with mud or asphalt or damaging Utilities and foundations. (See also
00150.60, 00150.75, and Section 00170.)
When any such damage occurs, the Engineer will determine if it is to be corrected by repair,
replacement, or compensatory payment by the Contractor. If compensatory payment is required, the
Engineer will determine the amount. Compensatory payment may be deducted from monies due or
to become due to the Contractor under the Contract.
00150.75 Protection and Maintenance of Work During Construction -The Contractor shall
protect and maintain the Work during construction and until Third Notification has been issued, unless
otherwise provided in the Contract. For the purposes of this Subsection, "maintenance" shall include
measures to prevent deterioration of Roadway and Structures at the Project Site, and to keep them
43
Attachment 1, Page 52 of 175
00150.80
Exhibit A, Page 52 of 174
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 notify the Contractor of the Contractor's noncompliance with this Subsection. If the
Contractor fails to remedy unsatisfactory protection or maintenance within 24 hours after receipt of
such notice, the Engineer may proceed to remedy the deficiency, and deduct the entire cost from
monies due or to become due the Contractor under the Contract.
00150.80 Removal of Unacceptable and Unauthorized Work - The Contractor shall correct or
remove unacceptable Work and remove unauthorized work, as directed by the Engineer in writing.
The Contractor shall replace such work with Work and Materials conforming to the requirements of
the Contract.
For the purposes of this Subsection, "unauthorized work" shall include without limitation the following:
• Work that extends beyond lines shown on the Plans or otherwise established by the Engineer;
• Work that is contrary to the Engineer's instructions; and
• Work that is conducted without the Engineer's written authorization.
The Agency will not pay the Contractor for unacceptable Work, except as provided in 00150.25, or for
unauthorized work. The Engineer may issue a written order for the correction or removal of such work
at the Contractor's sole expense.
If, when ordered by the Engineer, the Contractor fails to correct or remove unacceptable Work or
remove 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.
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 review the Project and notify the Contractor that all Work is complete, or will give the
Contractor written instruction regarding incomplete or unsatisfactory Work.
(b) All Contract Work - The Engineer will issue the Third Notification when the Contractor has
satisfactorily accomplished all of the following:
• The Contractor has completed all On -Site Work required under the Contract, including the
punch list items from (a) above;
• The Contractor has removed all Equipment, other than that incorporated into the Work; and
44
Attachment 1, Page 53 of 175
Exhibit A, age "gi of 174
• The Contractor has submitted all required certifications, bills, forms, warranties and other
documents.
Upon issuing the Third Notification the Engineer will release retainage. If retainage is due, it will be
paid according to the normal pay cycle per 00195.50.
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 45 Days following the date of Second Notification. The meeting may be held if agreed to
by both parties. The party making the request will conduct the meeting, and will announce the time
and place of the meeting at least 15 Days prior to the meeting date. The purpose of this meeting is
to examine the Project for possible process improvements that may benefit future projects.
00150.95 Final Acceptance - The Agency will issue a Notice of Final Acceptance after completion
of the Contractor's warranty period.
00150.96 Maintenance Warranties and Guarantees - Prior to Third Notification, the Contractor
shall transfer to the Agency all unexpired manufacturers' 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) Whether before or after the Agency's acceptance of the Work, the Contractor shall at no
additional expense to the Agency be responsible for:
• Correcting or repairing any defects in, or damage to, the Work that results from the use of
improper or defective materials or workmanship; or
• Replacing, in its entirety, the Work affected by the use of improper or defective materials or
workmanship to the extent provided by law; and
• Correcting or repairing any Work, Materials, Structures, Existing Surfacings, Pavement,
Utilities, or sites, including, without limitation, Wetlands, damaged or disturbed in that
correction, repair, or replacement. (See 00170.80 to 00 170.85.)
(c) Full or partial termination of the Contract under 00180.90 shall not relieve the Contractor of
responsibility for completed or performed Work, or relieve the Contractor's Surety of the obligation
for any just claims arising from the completed or performed Work.
45
Attachment 1, Page 54 of 175
00160.00
Section 00160 - Source of Materials
00160.00 Definitions -The following definitions apply to Section 00160:
Exhibit A, Page 54 of 174
(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.
(c) Blue Sheets - Prequalified products and submittals for qualification of electrical equipment and
materials.
(d) Green Sheets - Conditionally prequalified products and submittals for conditional qualification
of controller equipment.
(e) Red Sheets - Statewide list of certification exempt traffic management systems components
pursuant to ORS 479.540 and OAR 918-261-0037.
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 the source is within the
State; or
• At least 45 Calendar Days before using or fabricating Materials, if the source is outside the
State
On Federal -Aid construction projects, the Contractor shall identify if the material source is a DBE
or non -DBE. For DBE Suppliers, the Contractor shall identify an estimated value of the materials
to be supplied. For each committed DBE Supplier, the Contractor shall submit a copy of the
materials purchase order or supply agreement. For non -committed DBE suppliers, when the
estimated value is over $10,000, the Contractor shall submit a copy of the materials purchase order
or supply agreement.
For this purpose, a committed DBE firm is one that was identified by the Contractor to meet an
assigned DBE goal, including DBE firms substituting for DBE firms committed as a condition of
Contract Award.
(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.
46
Attachment 1, Page 55 of 175
Exhibit A, age 99 of 174
00160.05 Qualified Products List (QPL) - The QPL is a listing of manufactured products available
on the market (shelf items) that ODOT has evaluated and found suitable for a specified use in highway
construction. The QPL is available from ODOT's Construction Section website (see 00110.05(e)).
The most current published PDF version of the QPL on ODOT's Construction Section website at the
time of Advertisement is the version in effect for the Project. When the Contract specifies the use of
the QPL, unless specified as the subject of an exemption per ORS 279C.345, the Agency may
approve for use a conditionally qualified product, a product qualified for inclusion in a later edition of
the QPL, or other equivalent product that meets the requirements of the QPL, following the Standard
Guidelines for Product Review, if the Agency 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 no
additional cost to the Agency.
00160.07 Electrical Equipment and Materials - The Blue Sheets and Green Sheets are a listing of
manufactured products available on the market (shelf items) that ODOT has evaluated and found
suitable for use as electrical and controller equipment and materials for highway construction. The
Blue Sheets and Green Sheets are available on the ODOT Traffic -Standards website (see
00110.05(e)). The most current version of the Blue Sheets and Green Sheets on the date of
Advertisement is the version in effect for the Project.
When the Contract specifies the use of the Blue Sheets and Green Sheets, unless specified as the
subject of an exemption per ORS 279C.345, the Agency may approve for use a product qualified for
inclusion in a later edition of the Blue Sheets and Green Sheets or other equivalent product that meets
the requirements of the Blue Sheets, following the Blue Sheet Qualification/Specification Information,
or the Green Sheets, following the ODOT Standard Specification for Microcomputer Signal Controller
and errata information, if the Agency 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 the Specifications or not properly handled or installed at
no additional cost to the Agency.
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.
Upon request, the Engineer will notify the Contractor in writing of the quantities required. Quantity
estimates by the Engineer before this notification are only approximate.
(a) Contractor's Duties - In purchasing, producing, or delivering Materials, the Contractor shall
take into account the following:
• Kind of work involved;
• Amount of work involved;
• Time required to obtain Materials; and
• Other relevant factors.
(b) Approval of Quantity of Materials Ordered - Materials quantities shown on the Plans, or
indicated by quantities and Pay Items, are subject to change or elimination. Therefore, the
Contractor is cautioned to order or produce Materials only after having received the approval of the
Engineer. The Contractor is responsible for payment for excess Materials delivered to the Project
47
Attachment 1, Page 56 of 175
00160.20
Exhibit A, Page 56 of 174
Site or storage sites without advance authorization from the Engineer. 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.
Excess Materials ordered or produced by the Contractor without approval of the Engineer may be
purchased by the Agency at the sole discretion of the Agency. (See 00195.80.)
00160.20 Preferences for Materials:
(a) Buy America - If federal highway funds are involved on the Project, the Contractor shall limit
the quantity of foreign Materials incorporated into the Work as follows. Section 635.410 of Title 23,
Code of Federal Regulations, and the Intermodal Surface Transportation Efficiency Act require that
all iron or steel manufacturing processes, including, without limitation, the casting of ingots, for iron
or steel Materials permanently incorporated into the Project shall occur in the United States, unless
the cost of foreign -origin iron or steel Materials does not exceed one-tenth of one percent (0.1 %)
of the Contract Amount or $2,500, whichever is greater. The Contractor shall not incorporate
foreign -origin iron or steel Materials in excess of this amount into the Project. All foreign -origin iron
or steel Materials incorporated in the Project in excess of the amount indicated above shall be
removed and replaced with domestic iron or steel Materials at the Contractor's expense. For
purposes of this Specification, the cost of foreign -origin iron or steel Materials shall be the value of
the iron or steel products as of the date they are delivered to the Project Site.
Manufacturing processes include without limitation the application of coatings to finished iron or
steel products or components. Coatings include epoxy coating, galvanizing, painting, and any other
coating that protects or enhances the value of the steel or iron product or component.
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished
by the Engineer, before incorporating any iron or steel products into the Project. Unless a
Certificate of Materials Origin has been provided to the Engineer, the Materials shall be considered
of foreign origin.
The Contractor shall retain manufacturers' certificates verifying the origin of all domestic iron or
steel Materials for 3 years after the date of final payment for the Project, and shall furnish copies to
the Engineer upon request.
(b) Buy Oregon - According to ORS 279A.120, the Contractor shall give preference to goods or
services produced in Oregon if price, fitness, availability, and quality are equal. This provision does
not apply to contracts financed wholly or in part by federal funds.
(c) Recycled Materials -According to ORS 279A.010, ORS 279A.125, ORS 279A.145,
ORS 279A.150, and ORS 279A.155, and subject to the approval of the Engineer, the Contractor
shall use recycled products to the maximum extent economically feasible.
00160.21 Cargo Preference Act Requirements -If federal highway funds are involved on the
Project, the Contractor shall comply with the Cargo Preference Act and implementing regulations
(46 CFR Part 381) for use of United States flag ocean vessels transporting materials or equipment
acquired specifically for the Project. Strict compliance is required, including, but not limited to, the
clauses in 46 CFR 381.7(a) and (b), which are incorporated by reference. The Contractor shall also
include this provision in all subcontracts.
48
Attachment 1, Page 57 of 175
Exhibit A, age 99 of 174
00160.30 Agency -Furnished Materials - Unless otherwise specified in the Special Provisions,
Materials listed as Agency -furnished will be available to the Contractor free of charge.
The Contractor shall be responsible for all Materials furnished by the Agency and shall pay all
demurrage and storage charges. The Contractor shall replace at its expense Agency -furnished
Materials lost or damaged due to any cause.
The locations at which Agency -furnished Materials are available will be specified in the Special
Provisions. If the locations are not listed in the Special Provisions, the Agency -furnished Materials
will be furnished to the Contractor at the Project Site. In either case, all costs of handling, hauling,
unloading, and placing Agency -furnished Material shall be considered included in the price paid for
the Pay Item involving such Material.
All Agency -furnished Materials not incorporated into the Work remain the property of the Agency. The
Contractor shall deliver such Materials as directed by the Engineer.
00160.40 Agency -Furnished Sources - The Agency may list in the Special Provisions, or show on
the Plans, Borrow pits or Aggregate sources from which the Contractor may, or shall, obtain Materials.
These sources will be identified and referred to as Prospective or Mandatory Sources. A development
plan will be included in Section 00235 of the Special Provisions when such sources are shown on the
Plans.
(a) Working in a Different Area of the Materials Source - If the Contractor desires to work in a
different area of the Materials source than that shown on the development plan, the Contractor
must submit a written request stating the reasons for the requested change. If a new land use
permit, development plan, or reclamation plan is needed, the Contractor must submit it and obtain
approval from the Engineer before starting work in any area other than that shown on the Plans.
Approval for work in a different area will not entitle the Contractor to any added compensation or
adjustment of Contract Time.
The Agency will not be responsible for the availability of sources other than as stated in the Special
Provisions. If the Contractor has given notice of intent to use, but does not use the source(s) on
the Project, the Contractor shall reimburse the Agency for any costs the Agency incurs in making
such source(s) available.
(b) Cost of Sources - Unless otherwise specified in the Special Provisions, any Prospective or
Mandatory Source will be provided by the Agency for use without payment of royalty or other
charge. (See 00160.50.)
(c) Exhaustion of Sources - If the Engineer determines that the quantities of specified Materials
that can be produced from a Mandatory Source are insufficient for the Work, and it becomes
necessary to move to another source, the Agency will pay for the reasonable cost of moving the
plant to, and erecting it at, a new approved source from which specified Materials can be produced.
Adjustment in hauling costs, other costs, and Contract Time will be determined as provided
in 00140.30.
No allowance, reimbursement, compensation, or adjustment will be made for changes in the use
of sources, or for moving from one source to another, except as provided above.
00160.50 Agency -Controlled Land; Limitations and Requirements:
(a) General - The Contractor shall have no property rights in, or right of occupancy on,
Agency -Controlled Land. Nor shall the Contractor have the right to sell, use, remove, or otherwise
49
Attachment 1, Page 58 of 175
00160.60
Exhibit A, Page 58 of 174
dispose of any material from Agency -Controlled Land, areas, or property, except as specified or by
the written authorization of the Engineer.
Unless authorized in the Contract, the Contractor shall not disturb any material within
Rights -of -Way without written authorization from the Engineer.
Unless otherwise specified in the Contract, the ownership of all materials originating on
Agency -Controlled Lands will at all times vest in, and remain within the control of, the Agency.
(b) Waste, Excess, and By -Product Materials - All waste, excess, and by-product materials,
collectively referred to in this Subsection as "By -Products", from the manufacture or production of
Aggregate Materials from Agency -Controlled Lands shall remain Agency property. Unless
otherwise ordered by the Engineer in writing, By -Products shall be placed as required by the
development plan:
• In stockpiles at designated locations;
• At locations and in shapes that are readily accessible; and
• In such a manner as to avoid fouling areas containing useable materials, or interfering with
future plant setups to use materials from the property.
The Agency will not compensate the Contractor for handling and stockpiling By -Products according
to the development plan requirements. If by written order the Engineer directs the Contractor to
stockpile or place designated By -Products at alternate sites, the By -Products designated shall be
loaded, hauled, and placed as directed, and this work will be paid for according to 00195.20.
00160.60 Contractor -Furnished Materials and Sources:
(a) General - The Contractor shall furnish, at its own expense, all products and Materials required
for the Project from sources of its own choosing, unless such sources have been specified in the
Special Provisions or Plans as Prospective or Mandatory Sources.
(b) Acquisition of Sources - The Contractor shall acquire, at its own expense, the rights of
access to, and the use of, all sources the Contractor chooses that 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.
00160.70 Requirements for Plant Operations - Before operating mixing plants, Rock crushers, or
other Equipment, the Contractor shall provide the Engineer copies of all applicable discharge permits
for noise, air contaminants, and water pollutants from DEQ or applicable local jurisdictions, or a letter
from DEQ or the local jurisdiction stating that no permits are required for the use of the Equipment
and sites.
50
Attachment 1, Page 59 of 175
Exhibit A, age "98 of 174
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 Chapter 517 and OAR 632-030) when developing, using, and reclaiming all sources of Borrow
material and Aggregate. The Contractor shall provide erosion control at Borrow sources that are not
within the Project Site. The Contractor shall not operate in Wetlands except as allowed by permit.
The Contractor shall comply with all requirements for pollution and sediment control, including, without
limitation, the National Pollutant Discharge Elimination System where applicable.
Except for continuously -operated commercial sources, the Contractor shall also conform to the
following:
(a) If a natural growth of trees or shrubs is present, preserve a border of such to conceal land
scars.
(b) Excavate Borrow sources and Aggregate sources, except for those in streams and rivers, to
provide:
• Reasonably uniform depths and widths;
• Natural drainage so no water stands or collects in excavated areas, when practicable;
• Slopes trimmed to blend with the adjacent terrain upon completion of operations;
• Slopes covered with native Soil, or acceptable plant rejects to support plant growth, if required
by Specifications, Plans, or permits; and
• A vegetative cover that blends with the adjacent natural growth.
(c) Excavate in quarries so that:
• Faces will not be steeper than vertical (no overhang);
• Vertical faces conform to Oregon OSHA standards, Division 3, and as shown on an approved
development plan;
• Floors or benches are excavated to a uniform Slope free of depressions and will drain and
not interfere with the downland owner's property; and
• Upon completion, the quarry is left appearing neat and compatible with surrounding terrain.
(d) Obliterate haul roads specifically built for access to sources, and restore the areas disturbed
by these roads as nearly as practicable to the conditions that existed before the roads were built,
unless otherwise directed by the landowner or regulatory body.
51
Attachment 1, Page 60 of 175
00165.00
Section 00165 - Quality of Materials
Description
Exhibit A, Page 60 of 174
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
(see 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 the Contractor's expense, of any defective Materials. (See
also 00 150.20.)
00165.02 Materials Conformance and Quality Compliance Documents - For purposes of this
Section, "Materials Conformance Documents" means the Contractor's quality -control, the Agency's
verification, and the independent assurance test results, and the identity of the testing facility, as
specified in the ODOT Manual of Field Test Procedures (MFTP) as modified by the Local Public
Agency Quality Assurance Program (LPA modified MFTP), unless otherwise specified in the Contract.
For purposes of this Section, "Quality Compliance Documents" means those documents specified in
ODOT's Nonfield-Tested Materials Acceptance Guide, unless otherwise specified in the Contract.
00165.03 Testing by Agency - When testing Materials, the Agency will have tests conducted in
laboratories designated by the Engineer, even though certain AASHTO, ASTM, and other materials
specifications may require testing at the place of manufacture. Results of the Agency's tests will be
made available to the Contractor.
00165.04 Costs of Testing - When the Contract requires that the Agency perform the testing, the
testing will be at the Agency's expense. The Agency will pay the cost of Contractor -requested source -
review tests on unprocessed Aggregates from no more than two sources for each Project, and on no
more than three unprocessed samples from each source. Additional source -review tests performed
at the Contractor's request shall be at the Contractor's expense.
Unless otherwise provided in the Contract, all testing required to be performed by the Contractor will
be at the Contractor's expense.
Provisions and Requirements
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 LPA modified
MFTP. 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 website (see 00110.05(e)). The Local Public Agency Quality
Assurance Program and LPA Field Tested Materials Acceptance Guide (LPA FTMAG) are
52
Attachment 1, Page 61 of 175
Exhibit A, age d� of 174
available online (see 00110.05(e)). The most current version of the MFTP on the date of
Advertisement is the version in effect for the Project.
(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
Contract. The NTMAG is available on the ODOT Construction Section website (see 00110.05(e)).
The most current version of the NTMAG on the date of Advertisement is the version in effect for
the Project.
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 date of Advertisement.
If there are conflicting references, or if no reference is made to materials specifications, sampling and
testing frequencies, or test method, the Engineer will resolve any discrepancies between these
documents in the following orders of precedence:
Field-Tested Materials:
• Contract Change Orders;
• Special Provisions;
• ODOT Laboratory Manual of Test Procedures;
• LPA modified MFTP; and
• Standard Specifications.
Nonfield-Tested Materials:
• Contract Change Orders;
• Special Provisions;
• ODOT Laboratory Manual of Test Procedures; and
• Standard Specifications.
Material test methods:
• ODOT;
• WAQTC;
• AASHTO;
• ASTM;
• Other recognized national organizations, such as ANSI, AWPA, IMSA, ISSA, and UL; and
• Industry standards in the location where the Work is being performed.
Sampling and testing frequencies:
• Contract Change Orders;
• Special Provisions;
• Supplemental Specifications;
• LPA modified MFTP; and
• Standard Specifications.
53
Attachment 1, Page 62 of 175
00165.30
Exhibit A, Page 62 of 174
If the Contractor identifies conflicting references or if no reference is made, the Contractor shall
immediately request a clarification from the Engineer.
00165.30 Field -Tested Materials:
(a) Contractor's Duties - The Contractor shall:
• Furnish Materials of the quality specified in the Contract;
• Provide and administer a quality control program as described in the LPA modified MFTP.
Upon request, the Contractor shall provide to the Engineer the names, telephone numbers,
and copies of certifications for all personnel performing field testing; and
• Perform other testing as required by the Contract.
(b) Types of Tests - The types of tests and testing methods generally required by the Agency are
described in the MFTP.
(c) Acceptance of Field -Tested Materials - Acceptance of field-tested Materials will be based on
Agency verification testing according to the LPA modified MFTP. The Materials will be analyzed
for acceptance by the Engineer before the Engineer will accept them for incorporation into the
Work.
If the Independent Assurance test results do not verify the Agency's verification test results, the
Agency may require additional testing to determine whether the Materials meet Specifications. The
Contractor shall provide samples to the Agency for testing as directed at no additional cost to the
Agency.
All Independent Assurance and Third Party Resolution Testing will be paid for by the Agency. In
the event that Third Party Resolution is requested by the Contractor and the Materials do not meet
Specifications, the Contractor shall reimburse the Agency for all the testing fees and associated
costs, 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.
00165.35 Nonfield-Tested Materials - The Contractor shall furnish Materials meeting
Specifications, along with all Materials Conformance and Quality Compliance Documents.
(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 testing agency and the representative responsible for the test results.
• Permit positive determination that Material delivered to the Project is the same Material
covered by the test results.
• Be delivered to the Engineer with the shipment of the material.
(b) Quality Compliance Certificate - The certificate shall be from the manufacturer and shall:
• Verify that the Material meets the Specifications, and identify by number the specified test
methods used, (ODOT, AASHTO, ASTM, UL, or other)
54
Attachment 1, Page 63 of 175
Exhibit A, age 6A of 174
• 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,
(c) 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.
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 Conformance Documents
furnished.
(If the LPA does not use statistical analysis for payment of materials the LPA will not want to
use Section 00745(Statistical Acceptance) and consider Section 00744 (ACP), or if 00745 is
used the LPA will want a Special Provision to modify 00745.17, 00745.50 and delete Subsection
00745.95. If Section 00755 is used subsections 00755.92 and 00755.93 may need modification.
If Section 00756 is used subsections 00756.92 and 00756.93 may need modification.)
00165.40 Statistical Analysis - When 00165.30(c) or 00165.50 applies, the Contractor shall divide
the Materials into lots and sublots, randomly sample and test them as required, and analyze the results
statistically to determine whether the Materials conform to the Specifications.
All acceptance test results of lots and sublots will be analyzed collectively using the Quality Level
Analysis procedure set out in this Subsection. This procedure shall not be used for a lot with less
than three sublots. Sampling of Material for a lot that contains two or fewer sublots shall be increased
to obtain at least three sublots. The Engineer has discretion to either accept or reject lots originating
with two or fewer sublots, even after sampling is increased.
(a) Lot - A lot is the quantity of Materials produced by a single process or JMF that is sampled,
tested, and statistically evaluated, as specified in this Subsection.
(b) Sublot - A sublot is a portion of a lot, for which a sample test value may be normally obtained.
(c) Quality Level Analysis - Quality Level Analysis is a statistical procedure to determine, for
each lot:
• The percentage of each constituent of the Materials meeting Specifications;
• The Pay Factor for each constituent; and
• The Composite Pay Factor, when specified.
55
Attachment 1, Page 64 of 175
00165.40
Exhibit A, Page 64 of 174
(d) Pay Factor and Composite Pay Factor Computation - Procedures for determining the
percent meeting Specifications, Pay Factors, and Composite Pay Factor for a lot of Materials are
as follows:
56
Attachment 1, Page 65 of 175
Exhibit A, age 69 of 174
(1) Compute lot arithmetic mean ( x ) for each constituent:
X
X = n
Where EX = summation of sample test values
n = total number of samples
(2) Compute standard deviation (sd) for each constituent:
�XZ—nXZ
sd = n-1
Where I X2 = summation of the squares of each sample test value
k = square of the lot arithmetic mean
(3) Compute the upper quality index (Qu) for each constituent:
QU = bu
Where USL (upper specification limit) is the target value plus allowable tolerance
(4) Compute the lower quality index (QL) for each constituent:
X—I SI
QL = Ju
Where LSL (lower specification limit) is the target value minus allowable tolerance
(5) From Table 00165-1, for each constituent, determine the percent within the upper
specification limit (Pu) which corresponds to a given Qu. If USL is 100% or is not specified, Pu
will be 100.
(6) From Table 00165-1, for each constituent, determine the percent within the lower
specification limit (PL) which corresponds to a given QL. If LSL is 0 or not specified, PL will be
100.
(7) Compute the quality level, or total percent within Specification limits (PT), for each
constituent:
PT = (Pu + PL) - 100
(8) Using the PT from Step 7, determine the Pay Factor (PF) from Table 00165-2 for each
constituent tested. A minimum PF of 1.00 will be used when all sublot test values are within the
upper and lower Specification limits, regardless of the calculated PF.
57
Attachment 1, Page 66 of 175
00165.40
Exhibit A, Page 66 of 174
(9) Compute the Weighted Pay Factor (WPF) for each constituent:
WPF = (PF) x (f;)
Where f; = weighting factor listed in the Specifications for each constituent tested.
(10) Compute the Composite Pay Factor (CPF) for the lot and report the results to three decimal
places.
Y-WPF
CPF = Ef,
Where Y WPF = sum of the weighted pay factors for each constituent
I f = sum of the weighting factors listed in the Specifications
58
Attachment 1, Page 67 of 175
Exhibit A, 02ge O of 174
Table 00165-1
QUALITY
LEVEL ANALYSIS BY THE STANDARD DEVIATION METHOD
Pu or PL PERCENT
UPPER QUALITY
INDEX
Qu OR
LOWER
QUALITY
INDEX QL
WITHIN LIMITS FOR
n=10
POSITIVE VALUES
to
OF Qu orQL
n=3
n=4
n=5
n=6
n=7
n=8
n=9
n=11
100
1.16
1.50
1.79
2.03
2.23
2.39
2.53
2.65
99
-
1.47
1.67
1.80
1.89
1.95
2.00
2.04
98
1.15
1.44
1.60
1.70
1.76
1.81
1.84
1.86
97
-
1.41
1.54
1.62
1.67
1.70
1.72
1.74
96
1.14
1.38
1.49
1.55
1.59
1.61
1.63
1.65
95
-
1.35
1.44
1.49
1.52
1.54
1.55
1.56
94
1.13
1.32
1.39
1.43
1.46
1.47
1.48
1.49
93
-
1.29
1.35
1.38
1.40
1.41
1.42
1.43
92
1.12
1.26
1.31
1.33
1.35
1.36
1.36
1.37
91
1.11
1.23
1.27
1.29
1.30
1.30
1.31
1.31
90
1.10
1.20
1.23
1.24
1.25
1.25
1.26
1.26
89
1.09
1.17
1.19
1.20
1.20
1.21
1.21
1.21
88
1.07
1.14
1.15
1.16
1.16
1.16
1.16
1.17
87
1.06
1.11
1.12
1.12
1.12
1.12
1.12
1.12
86
1.04
1.08
1.08
1.08
1.08
1.08
1.08
1.08
85
1.03
1.05
1.05
1.04
1.04
1.04
1.04
1.04
84
1.01
1.02
1.01
1.01
1.00
1.00
1.00
1.00
83
1.00
0.99
0.98
0.97
0.97
0.96
0.96
0.96
82
0.97
0.96
0.95
0.94
0.93
0.93
0.93
0.92
81
0.96
0.93
0.91
0.90
0.90
0.89
0.89
0.89
80
0.93
0.90
0.88
0.87
0.86
0.86
0.86
0.85
79
0.91
0.87
0.85
0.84
0.83
0.82
0.82
0.82
78
0.89
0.84
0.82
0.80
0.80
0.79
0.79
0.79
77
0.87
0.81
0.78
0.77
0.76
0.76
0.76
0.75
76
0.84
0.78
0.75
0.74
0.73
0.73
0.72
0.72
75
0.82
0.75
0.72
0.71
0.70
0.70
0.69
0.69
74
0.79
0.72
0.69
0.68
0.67
0.66
0.66
0.66
73
0.76
0.69
0.66
0.65
0.64
0.63
0.63
0.62
72
0.74
0.66
0.63
0.62
0.61
0.60
0.60
0.59
71
0.71
0.63
0.60
0.59
0.58
0.57
0.57
0.57
70
0.68
0.60
0.57
0.56
0.55
0.55
0.54
0.54
69
0.65
0.57
0.54
0.53
0.52
0.52
0.51
0.51
68
0.62
0.54
0.51
0.50
0.49
0.49
0.48
0.48
67
0.59
0.51
0.47
0.47
0.46
0.46
0.46
0.45
66
0.56
0.48
0.45
0.44
0.44
0.43
0.43
0.43
65
0.52
0.45
0.43
0.41
0.41
0.40
0.40
0.40
64
0.49
0.42
0.40
0.39
0.38
0.38
0.37
0.37
63
0.46
0.39
0.37
0.36
0.35
0.35
0.35
0.34
62
0.43
0.36
0.34
0.33
0.32
0.32
0.32
0.32
61
0.39
0.33
0.31
0.30
0.30
0.29
0.29
0.29
60
0.36
0.30
0.28
0.27
0.27
0.27
0.26
0.26
59
0.32
0.27
0.25
0.25
0.25
0.24
0.24
0.24
58
0.29
0.24
0.23
0.22
0.21
0.21
0.21
0.21
57
0.25
0.21
0.20
0.19
0.19
0.19
0.18
0.18
56
0.22
0.18
0.17
0.16
0.16
0.16
0.16
0.16
55
0.18
0.15
0.14
0.14
0.13
0.13
0.13
0.13
54
0.14
0.12
0.11
0.11
0.11
0.11
0.10
0.10
53
0.11
0.09
0.08
0.08
0.08
0.08
0.08
0.08
52
0.07
0.06
0.06
0.05
0.05
0.05
0.05
0.05
51
0.04
0.03
0.03
0.03
0.03
0.03
0.03
0.03
50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
NOTE: For negative values of Qu or QL, Pu or PL is equal to 100 minus the table value for Pu or PL. If the
value of Qu or QL does not correspond exactly to a figure in the table, use the next higher figure.
59
Attachment 1, Page 68 of 175
00165.40
Table 00165-1
Exhibit A, Page 68 of 174
QUALITY
LEVEL ANALYSIS BY THE STANDARD DEVIATION METHOD
Pu or PL PERCENT
UPPER
QUALITY
INDEX
Qu OR LOWER
QUALITY
INDEX
QL
WITHIN LIMITS FOR
n=12
n=15
n=19
n=26
n=38
n=70
n=201
POSITIVE VALUES
to
to
to
to
to
to
to
OFQuORQL
n=14
n=18
n=25
n=37
n=69
n=200
n=-
100
2.83
3.03
3.20
3.38
3.54
3.70
3.83
99
2.09
2.14
2.18
2.22
2.26
2.29
2.31
98
1.91
1.93
1.96
1.99
2.01
2.03
2.05
97
1.77
1.79
1.81
1.83
1.85
1.86
1.87
96
1.67
1.68
1.70
1.71
1.73
1.74
1.75
95
1.58
1.59
1.61
1.62
1.63
1.63
1.64
94
1.50
1.51
1.52
1.53
1.54
1.55
1.55
93
1.44
1.44
1.45
1.46
1.46
1.47
1.47
92
1.37
1.38
1.39
1.39
1.40
1.40
1.40
91
1.32
1.32
1.33
1.33
1.33
1.34
1.34
90
1.26
1.27
1.27
1.27
1.28
1.28
1.28
89
1.21
1.22
1.22
1.22
1.22
1.22
1.23
88
1.17
1.17
1.17
1.17
1.17
1.17
1.17
87
1.12
1.12
1.12
1.12
1.12
1.13
1.13
86
1.08
1.08
1.08
1.08
1.08
1.08
1.08
85
1.04
1.04
1.04
1.04
1.04
1.04
1.04
84
1.00
1.00
1.00
1.00
0.99
0.99
0.99
83
0.96
0.96
0.96
0.96
0.95
0.95
0.95
82
0.92
0.92
0.92
0.92
0.92
0.92
0.92
81
0.88
0.88
0.88
0.88
0.88
0.88
0.88
80
0.85
0.85
0.85
0.84
0.84
0.84
0.84
79
0.81
0.81
0.81
0.81
0.81
0.81
0.81
78
0.78
0.78
0.78
0.78
0.77
0.77
0.77
77
0.75
0.75
0.75
0.74
0.74
0.74
0.74
76
0.71
0.71
0.71
0.71
0.71
0.71
0.71
75
0.68
0.68
0.68
0.68
0.68
0.68
0.67
74
0.65
0.65
0.65
0.65
0.65
0.64
0.64
73
0.62
0.62
0.62
0.62
0.62
0.61
0.61
72
0.59
0.59
0.59
0.59
0.59
0.58
0.58
71
0.56
0.56
0.56
0.56
0.56
0.55
0.55
70
0.53
0.53
0.53
0.53
0.53
0.53
0.52
69
0.50
0.50
0.50
0.50
0.50
0.50
0.50
68
0.48
0.48
0.47
0.47
0.47
0.47
0.47
67
0.45
0.45
0.45
0.44
0.44
0.44
0.44
66
0.42
0.42
0.42
0.42
0.41
0.41
0.41
65
0.39
0.39
0.39
0.39
0.39
0.39
0.39
64
0.37
0.37
0.36
0.36
0.36
0.36
0.36
63
0.34
0.34
0.34
0.34
0.33
0.33
0.33
62
0.31
0.31
0.31
0.31
0.31
0.31
0.31
61
0.29
0.29
0.28
0.28
0.28
0.28
0.28
60
0.26
0.26
0.26
0.26
0.26
0.25
0.25
59
0.23
0.23
0.23
0.23
0.23
0.23
0.23
58
0.21
0.21
0.20
0.20
0.20
0.20
0.20
57
0.18
0.18
0.18
0.18
0.18
0.18
0.18
56
0.15
0.15
0.15
0.15
0.15
0.15
0.15
55
0.13
0.13
0.13
0.13
0.13
0.13
0.13
54
0.10
0.10
0.10
0.10
0.10
0.10
0.10
53
0.08
0.08
0.08
0.08
0.08
0.08
0.08
52
0.05
0.05
0.05
0.05
0.05
0.05
0.05
51
0.03
0.03
0.03
0.03
0.03
0.03
0.02
50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
NOTE: For negative values of Qu or QL, Pu or PL is equal to 100 minus the table value for Pu or PL. If the
value of Qu or QL does not correspond exactly to a figure in the table, use the next higher figure.
Attachment 1, Page 69 of 175
Exhibit A, age 68 of 174
Table 00165-2
NOTE: If the computed QUALITY LEVEL does not correspond exactly to a figure in the table, use the next
lower value.
61
Attachment 1, Page 70 of 175
REQUIRED QUALITY LEVEL FOR A GIVEN
SAMPLE SIZE (n) AND
A GIVEN
PAY FACTOR
n=10
PAY FACTOR
to
n=3
n=4
n=5
n=6
n=7
n=8
n=9
n=11
1.05
100
100
100
100
100
100
100
100
1.04
90
91
92
93
93
93
94
94
1.03
80
85
87
88
89
90
91
91
1.02
75
80
83
85
86
87
88
88
1.01
71
77
80
82
84
85
85
86
1.00
68
74
78
80
81
82
83
84
0.99
66
72
75
77
79
80
81
82
0.98
64
70
73
75
77
78
79
80
0.97
62
68
71
74
75
77
78
78
0.96
60
66
69
72
73
75
76
77
0.95
59
64
68
70
72
73
74
75
0.94
57
63
66
68
70
72
73
74
0.93
56
61
65
67
69
70
71
72
0.92
55
60
63
65
67
69
70
71
0.91
53
58
62
64
66
67
68
69
0.90
52
57
60
63
64
66
67
68
0.89
51
55
59
61
63
64
66
67
0.88
50
54
57
60
62
63
64
65
0.87
48
53
56
58
60
62
63
64
0.86
47
51
55
57
59
60
62
63
0.85
46
50
53
56
58
59
60
61
0.84
45
49
52
55
56
58
59
60
0.83
44
48
51
53
55
57
58
59
0.82
42
46
50
52
54
55
57
58
0.81
41
45
48
51
53
54
56
57
0.80
40
44
47
50
52
53
54
55
0.79
38
43
46
48
50
52
53
54
0.78
37
41
45
47
49
51
52
53
0.77
36
40
43
46
48
50
51
52
0.76
34
39
42
45
47
48
50
51
0.75
1 33
38
41
44
46
47
49
50
REJECT
QUALITY LEVELS LESS THAN THOSE SPECIFIED FOR A 0.75
NOTE: If the computed QUALITY LEVEL does not correspond exactly to a figure in the table, use the next
lower value.
61
Attachment 1, Page 70 of 175
00165.40
Table 00165-2
Exhibit A, Page 70 of 174
NOTE: If the computed QUALITY LEVEL does not correspond exactly to a figure in the table, use the next
lower value.
62
Attachment 1, Page 71 of 175
REQUIRED QUALITY LEVEL FOR A GIVEN
SAMPLE SIZE (n) AND A GIVEN PAY FACTOR
n=12
n=15
n=19
n=26
n=38
n=70
n=201
PAY FACTOR
to
to
to
to
to
to
to
n=14
n=18
n=25
n=37
n=69
n=200
n=-
1.05
100
100
100
100
100
100
100
1.04
95
95
96
96
97
97
99
1.03
92
93
93
94
95
95
97
1.02
89
90
91
92
93
94
95
1.01
87
88
89
90
91
93
94
1.00
85
86
87
89
90
91
93
0.99
83
85
86
87
88
90
92
0.98
81
83
84
85
87
88
90
0.97
80
81
83
84
85
87
89
0.96
78
80
81
83
84
86
88
0.95
77
78
80
81
83
85
87
0.94
75
77
78
80
81
83
86
0.93
74
75
77
78
80
82
84
0.92
72
74
75
77
79
81
83
0.91
71
73
74
76
78
80
82
0.90
70
71
73
75
76
79
81
0.89
68
70
72
73
75
77
80
0.88
67
69
70
72
74
76
79
0.87
66
67
69
71
73
75
78
0.86
64
66
68
70
72
74
77
0.85
63
65
67
69
71
73
76
0.84
62
64
65
67
69
72
75
0.83
61
63
64
66
68
71
74
0.82
60
61
63
65
67
70
72
0.81
58
60
62
64
66
69
71
0.80
57
59
61
63
65
67
70
0.79
56
58
60
62
64
66
69
0.78
55
57
59
61
63
65
68
0.77
52
56
57
60
62
64
67
0.76
51
55
56
58
61
63
66
0.75
1 51
53
55
57
59
62
65
REJECT
QUALITY LEVELS LESS THAN THOSE SPECIFIED FOR A 0.75
NOTE: If the computed QUALITY LEVEL does not correspond exactly to a figure in the table, use the next
lower value.
62
Attachment 1, Page 71 of 175
Exhibit A, age -N of 174
00165.50 Statistical Acceptance Sampling and Testing - The Contractor shall sample and test
Materials for acceptance, as required by the Contract. The Contractor may statistically evaluate test
results for purposes of quality control or to predict a Pay Factor or Composite Pay Factor. The
following apply:
(a) Statistical Acceptance - The Engineer will perform statistical analysis according to 00165.40
for acceptance and to determine a Pay Factor (PF) or Composite Pay Factor (CPF). The
Engineer's determination of the PF or CPF shall be controlling.
(b) Pay Adjustments - As an incentive to produce quality Materials, the Engineer's acceptance
will be based upon the following:
(1) Specification Materials - For Materials accepted by a PF, when all constituents of a
Material have a PF of 1.00 or greater, that Material will be considered specification Materials.
For Materials accepted by a CPF, all Materials with a CPF of 1.0000 or greater will be considered
specification Materials. Materials with a CPF greater than 1.0000, when specified, may earn a
CPF adjustment of greater than 1.0000, up to a maximum of 1.0500.
(2) Non -specification Materials - For Materials accepted by a PF, when any constituent of a
Material has a PF of less than 1.00, that Material will be considered non -specification Material.
For Materials accepted by a CPF, all Materials with a CPF less than 1.0000 will be considered
non -specification Materials. A lot containing non -specification Materials will be evaluated as
described in 00165.50(c).
(c) Non -specification Materials:
(1) Isolation of a Partial Sublot - The Engineer may isolate from a sublot or adjoining sublots
any Material that the Agency's test results show to be non -specification. The Contractor shall
perform additional testing or provide samples to the Agency as directed. The Engineer will
accept or reject the Material according to 00150.25.
(2) Isolation of an Entire Sublot - The Engineer may isolate a sublot or a series of sublots in
which the Agency's test results show the Material to be non -specification. The Contractor shall
provide samples to the Agency as directed. The isolated Material will be evaluated as a separate
lot. The Engineer will accept or reject the Material according to 00150.25.
(3) A Lot -in -Progress - The Contractor shall shut down production when any of the following
occurs:
• The CPF for a lot -in -progress drops below 1.0000, and the Contractor is taking no
corrective action;
• The CPF is less than 0.7500; or
• Any constituent test is continually out of Specification limits, regardless of whether or not
the CPF is below 0.7500.
The Contractor shall not resume production until the Engineer has determined that Specification
Materials can be produced, and has given approval to resume.
(4) An Entire Lot -The Engineer may reject an entire lot of Materials with a CPF
between 0.7500 and 1.0000, or may take action according to 00150.25.
For a lot of Material with a CPF below 0.7500, the Engineer will take one or more of the following
actions:
63
Attachment 1, Page 72 of 175
00165.70
Exhibit A, Page 72 of 174
a. Remain in Place - Allow Materials to remain in place with an appropriate price reduction
that may range from 25% to 100% (no payment);
b. Corrective Work - Require corrective work, at the Contractor's expense, with an
appropriate price reduction that may range from zero (full payment) to 100% (no payment);
or
c. Remove and Replace - Require complete removal and replacement with Specification
Materials. No payment will be made for the rejected Materials, the cost of removal, or for the
costs of sampling and testing.
00165.70 Use of Materials without Acceptable Materials Conformance Documents:
(a) General - The Contractor shall not incorporate Materials into the Project prior to submittal of
Materials Conformance Documents acceptable to the Engineer. The Engineer may waive this
requirement temporarily if Materials are necessary for immediate traffic safety.
(b) Materials Incorporated for Immediate Traffic Safety - If Materials are incorporated into the
Project for immediate traffic safety before acceptable Materials Conformance Documents are
available, no payment will be made for the value of the Materials, or the costs of incorporating them,
until Materials Conformance Documents have been submitted to and approved by the Engineer, or
the Materials are otherwise found through testing to comply with Specifications.
(c) Contractor's Request for Testing Assistance - If acceptable Materials Conformance
Documents are not available, the Contractor may either have the necessary tests performed at a
private laboratory or request in writing that the Engineer:
• Determine if the Agency or its agents can sample and test;
• Estimate the cost to the Contractor for the testing service; and
• Estimate the time required to obtain the test results.
The Engineer will provide this information to the Contractor in writing. If the Contractor requests
the Engineer, in writing, to proceed, the Engineer will arrange for the sampling and testing, at the
Contractor's expense. If these tests determine the Material complies with the Specifications, the
Materials may be incorporated into the Project, or for Materials previously incorporated according
to (b) above, payment will be authorized.
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.
Measurement
00165.80 Measurement - No separate measurement will be made of Work performed under this
Section.
64
Attachment 1, Page 73 of 175
Exhibit A, age h of 174
Payment
00165.90 Incidental Basis - No separate or additional payment will be made for sampling, testing,
certification, or other associated Work performed under this Section, whether performed by the
Contractor, manufacturer, producer or Supplier. No payment will be made for providing quality control
personnel.
00165.91 Fabrication Inspection Expense -Fabrication of certain items outside of the State
creates additional shop and plant inspection expense to the Agency. It is impractical, and extremely
difficult, to determine the actual additional expenses incurred. Therefore, each time that inspection
by or on behalf of the Agency is necessary, payment to the Contractor will be reduced by an amount
computed at the following rates:
Zone Place of Fabrication
1 All of State of Oregon, and those
portions of adjacent states within 50
airline miles of the Oregon border
2 Outside of Zone 1, and up to 300 airline
miles from the Oregon border
3 Outside of Zone 2, up to 3,000 airline
miles from the Oregon border, and
within the continental United States.
4 Outside of Zone 3, or outside of the
continental United States.
Reduction in Payment
$0
$200 per Calendar Day
Round trip coach airfare from
Portland, Oregon plus $200
per Calendar Day
Round trip coach airfare from
Portland, Oregon plus $250
per Calendar Day
Calendar Day charges begin on the first day the Agency's Inspector begins travel to begin work at the
fabrication site, and continue without interruption through the final day of travel back to the State. The
Contractor will be notified in writing of the beginning and ending dates of the Calendar Days used in
computing payment reduction.
This Subsection applies to all fabricated items or manufactured Materials that are inspected by or on
behalf of the Agency, which include, but are not limited to:
• Structural steel fabrication;
• Prestressed concrete members;
• Precast concrete;
• Signs;
• Preservative treatment of wood products;
• Epoxy coating of reinforcing steel; and
• Other items specifically identified in the Specifications as requiring fabrication site or in -plant
inspection by the Agency.
65
Attachment 1, Page 74 of 175
00170.00
Exhibit A, Page 74 of 174
Section 00170 - Legal Relations and Responsibilities
Description
00170.00 General -The Contractor shall comply with all laws, ordinances, codes, regulations,
executive orders, and administrative 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 characterization of provisions of the Contract as material provisions or the failure to comply with
certain provisions as a material breach of the Contract shall in no way be construed to mean that any
other provisions of the Contract are not material or that failure to comply with any other provisions is
not a material breach of the Contract.
All rights and remedies available to the Agency under applicable Laws are incorporated herein by
reference and are cumulative with all rights and remedies under the Contract.
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 and enforced 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 EugeneDivision. In no event shall this Subsection be construed as a waiver by the State of
Oregon on any form of defense or immunity, whether sovereign immunity, governmental immunity,
immunity based on the Eleventh Amendment to the Constitution of the United States, or otherwise,
from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE
CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS
REFERENCED IN THIS SECTION.
It is the Agency's intention to make all payments due under the Contract if funds are legally available
for such purpose. The Agency reasonably believes that at the time of entering into the Contract
sufficient funds are available and authorized for expenditure to finance the cost of the Contract within
the Agency's appropriation or limitation, or other funding sources. Agency's payment of amounts
under the Contract is contingent on the Agency receiving adequate appropriations, limitations or other
expenditure authority or funds to allow the Agency to continue to make payments under the Contract.
In the event the Agency becomes aware that sufficient funds are not available and authorized, the
Agency will provide prompt written notice to the Contractor, and the Agency may terminate the
Contract as provided in 00180.90(c).
Attachment 1, Page 75 of 175
Exhibit A, age % of 174
Provisions and Requirements
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
Federal Energy Regulatory Commission
Geology Survey
Health and Human Services, Department of
Homeland Security, Department of
U.S. Coast Guard
Housing and Urban Development, Department of
Interior, Department of
Heritage, Conservation, and Recreation Service
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
Office of Surface Mining, Reclamation, and Enforcement
Minerals Management Service
National Oceanic and Atmospheric Administration
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
Transportation, Department of
Federal Highway Administration
Water Resources Council
(b) State of Oregon Agencies:
Administrative Services, Department of
67
Attachment 1, Page 76 of 175
00170.01
Exhibit A, Page 76 of 174
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
Energy, Office of
Environmental Quality, Department of
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
Planning Commissions
Port Districts
Special Districts
(d) Oregon Federally Recognized Tribal Governments:
Burns Paiute Tribe
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
Confederated Tribes of Grand Ronde
Confederated Tribes of Siletz
Confederated Tribes of Umatilla Indian Reservation
Confederated Tribes of Warm Springs
Coquille Tribe
Cow Creek Band of Umpqua Indians
Klamath Tribe
M
Attachment 1, Page 77 of 175
Exhibit A, age % of 174
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.
• When the work necessitates the temporary use and/or removal of public parking, a permit is
required. The permits may be obtained at the City of Springfield Development and Public Works
Department.
00170.03 Furnishing Right -of -Way and Permits - For projects performed by contract with the
Agency, 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;
• Electrical permits for signals and illumination work;
• Cost of referencing and replacing endangered survey monuments; and
• Environmental permits, including erosion control permits.
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 Contractor's legal
right to use such design, device, material, or process.
The Contractor shall indemnify, defend and hold harmless the Agency and all third parties and political
subdivisions having a possessory or ownership interest or regulatory authority over the Project or
Project Site from claims of patent, copyright or trademark infringement, and from costs, expenses and
damages the 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; or
Attachment 1, Page 78 of 175
00170.07
• ORS 646.730.
Exhibit A, Page 78 of 174
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;
• Of the date on which it notified the obligor(s) of any such claims for relief or causes of action of
the fact of the Contractor's assignment to the Agency according to the provisions of this
Subsection; and
Immediately upon the discovery of any such antitrust claim for relief or cause of action
In the event any payment is made to the Contractor under any such claims for relief, the Contractor
shall promptly pay the full sum over to the Agency. In the event the Contractor fails to make such
payment, the Agency may deduct the amount from monies due or to become due the Contractor under
the Contract.
00170.07 Record Requirements - For purposes of this Subsection, the term "Contractor" includes
the Contractor, all Subcontractors, Material Suppliers, and providers of rented operated Equipment
(except non -DBE truck drivers), at all tiers, for all subcontracts with first-tier Subcontractors, all
subcontracts between the first-tier Subcontractors and their Subcontractors and any other lower -tier
subcontracts, and "Related Entities" as that term is defined in OAR 734-010-0400. The Material
Suppliers included in this definition are those for Aggregates, asphalt cement concrete, portland
cement concrete and the supply and fabrication of structural steel items, and Material Suppliers that
provide quotes.
(a) Records Required - The Contractor shall maintain all records, whether created before or after
execution of the Contract, or during Contract performance, or after Contract completion, to clearly
document:
• The Contractor's performance of the Contract or a subcontract;
• The Contractor's ability to continue performance of the Contract or a subcontract; and
• All claims arising from or relating to performance under the Contract or a subcontract.
These records shall include all records, including fiscal records, regardless of when created for the
Contractor's business. The records for the Contractor's business include, without limitation:
• Bidding estimates and records, worksheets, tabulations or similar documents.
• Job cost detail reports, including monthly totals.
• Payroll records (including, without limitation, the ledger or register, and tax forms) and all
documents that 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.
70
Attachment 1, Page 79 of 175
Exhibit A, ag'eM of 174
• 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 734-010-0400.
• 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 supervisors' daily reports.
• Collective bargaining agreements.
• Earnings records.
• Journal entries and supporting schedules.
• Insurance, welfare, and benefits records.
• Material cost distribution worksheet.
• Subcontractors' and lower -tier Subcontractors' payment certificates.
• Payroll and vendor's cancelled checks.
Cash disbursements journal
• All documents related to each and every claim together with all documents that support the
amount of damages as to each claim.
• Additional financial statements (including, without limitation, the balance sheet, income
statement, statement of cash flows, and financial notes) preceding the execution of the
Contract and following final payment of the Contract.
• Depreciation records on all business Equipment maintained by the business involved, its
accountant, or other Entity. (If a source other than depreciation records is used to develop
cost for the Contractor's internal purposes in establishing the actual cost of owning and
operating Equipment, all such other source documents.)
The Contractor shall maintain all fiscal records in material compliance with generally accepted
accounting principles, or other accounting principles that are accepted accounting principles and
practices for the subject industry and adequate for the nature of the Contractor's business, and in
such a manner that providing a complete copy is neither unreasonably time-consuming nor
unreasonably burdensome for the Contractor or the Agency. Failure to maintain the records in this
manner shall not be an excuse for not providing the records.
The Contractor shall include in its subcontracts, purchase orders, and all other written agreements,
a provision requiring all Subcontractors, Material Suppliers and providers of rented operated
Equipment (except non -DBE truck drivers), at all tiers, to comply with 00170.07. The Contractor
shall also require all Subcontractors, Material Suppliers, and providers of rented operated
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Attachment 1, Page 80 of 175
00170.07
Exhibit A, Page 80 of 174
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 and Material Suppliers that provide Material quotes and Related Entities as
defined in OAR 734-010-0400.
(b) Access to Records - The Contractor shall provide the Engineer access to or a copy of all
Contractor records upon request. A Project Manager's authority to request or access records is
subject to OAR 734-010-0400(9). During the record retention period the Engineer, employees of
the Agency, representatives of the Agency, or representatives of regulatory bodies or units of
government may:
• 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 192.345(2) or
ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311
through ORS 192.478, 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, the Agency will not disclose records or portions of records the
Contractor has designated as trade secrets to a third party, who is not a representative of the
Agency, to the extent the records are exempt from disclosure as trade secrets under the Oregon
Public Records Law or other applicable law, except to the extent the Agency is ordered to disclose
in accordance with the Oregon Public Records Law or by a court of competent jurisdiction.
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Attachment 1, Page 81 of 175
Exhibit A, age iq of 174
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
• The Agency is prohibited by applicable law or court order from providing a copy of the public
records request to the Contractor.
(Use a modified version of 00170.08 if the Certified LPA has an electronic document
management system that is used during construction. If this subsection is deleted, a
modification of Section 00210 may be necessary as it references 00170.08.)
00170.08 Electronic Document Management - The requirements of this Subsection do not apply
to claims. Claims must be submitted on paper documents according to Section 00199.
Following Notice to Proceed, the Contractor shall submit all documents for this Contract to the Agency
in an electronic format using � email address provided by the Agenc . No paper documents, faxes
or other similar paper methods or media are permitted, unless otherwise allowed or directed by the
Engineer. The Contractor shall be solely responsible for submitting documents to the Agency using
emailfor itself and for Subcontractors, Suppliers, vendors and other third parties. Only documents
submitted by the Contractor and recorded in email as received will be considered valid and received
by the Agency.
Following Notice to Proceed, the Contractor shall use email to submit documents to the Agency, and
the Agency will use email to submit documents to the Contractor.
Documents submitted by email will be considered as having been received by the addressee at the
time which the email transmittal is electronically received by the addressee's email inbox.
Documents submitted according to this Subsection, from the Agency to the Contractor and from the
Contractor to the Agency, are official documents for the Contract and will be accepted as such by both
parties.
By submitting documents that originate from the Contractor to the Agency using , the Contractor
is certifying that the documents are true and accurate. If the document was required to be signed, it
has been signed by a person with appropriate authority using software that produces an third -party
verifiable signature record of the electronic signatures on the document. By submitting documents to
the Agency using email that originate from a Subcontractor, Supplier, vendor, manufacturer or other
third party, the Contractor is certifying that the documents are a true and complete copy of the
documents the Contractor received, that if the document was required to be signed, it has been
signed, and that the Contractor does not know, nor does it have reason to believe, that the documents
are not true and accurate or signed by a person without appropriate authority.
In the event of a conflict between this Subsection and the Standard Specifications or other Special
Provisions, this Subsection shall control except for 00199.30.
Costs associated with obtaining, using and maintaining access to email or electronic signature
software are Incidental to Mobilization.
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Attachment 1, Page 82 of 175
00170.08
Exhibit A, Page 82 of 174
Failure to submit documents electronically, as required by this Subsection, may result in payments
being withheld according to 00195.50(e).
In no event shall the Agency or their respective members, officers, agents and employees be liable
for any claims, suits, actions, losses, liabilities, damages, costs or expenses, including but not limited
to attorney fees, of whatsoever nature, resulting from or arising out of the use of email by the
Contractor or Subcontractors, Suppliers, vendors or other third parties at any level or their respective
officers, employees or agents.
The Contractor's indemnification, defense and hold harmless obligations under the Contract shall
apply to the terms, conditions and requirements of this Subsection 00170.08 and to use email and
the acts, errors and omissions of the Contractor, Subcontractors, Suppliers, vendors and other third
parties and their respective officers, employees and agents respecting access to and use of email.
The requirements of this Subsection 00170.08 and Subsection 00150.30 shall be included in all
contracts with all Subcontractors, Suppliers, vendors and other third parties at all levels for which
submittals via email will or may be required.
(a) Reserved
(b) Digital Signatures and Requirements - Unless otherwise allowed or directed by the
Engineer:
• For all Change Orders that require signature by the Contractor for this Contract, the
Contractor, by a person with appropriate authority, shall sign using a third -party verifiable
digital signature.
• Change Orders that require signature by the Contractor, but do not have a third -party
verifiable digital signature from the Contractor verifiable by the Engineer, will be
considered as not received and of no effect.
• Documents other than Change Orders that contain digital signatures, but do not have a
digital signature verifiable by the Engineer, or that were signed by a person without
appropriate authority, will be considered as not received and of no effect.
• Notice requirements will not be satisfied and payments may be withheld for any affected
work items until the required documents with verifiable digital signatures have been
received.
(c) Electronic Submittal Requirements - Unless otherwise allowed or directed by the Engineer,
all documents submitted to the Agency for this Contract that require a signature, other than Change
Orders, shall be signed by a person with appropriate authority by applying:
• An original handwritten signature to a document and scanning the document into PDF
format;
• An electronic signature to a document and converting the document into PDF format;
• A third -party verifiable digital signature to a PDF document; or
Documents that require a signature, but do not have a signature in accordance with this Subsection,
or were signed by a person without appropriate authority; or documents that were signed with a
digital signature but are submitted in a form such that the digital signature is not verifiable by the
Engineer, will be considered as not received and of no effect. Notice requirements will not be
74
Attachment 1, Page 83 of 175
Exhibit A, age AS of 174
satisfied and payments may be withheld for any affected work items until the required documents
with compliant signatures have been received.
Unless otherwise allowed or directed by the Engineer, all documents submitted to the Agency for
this Contract that do not require a signature shall be submitted using email.
00170.10 Required Payments by Contractors - The Contractor shall comply with ORS 279C.505
and ORS 279C.515 during the term of the Contract.
(a) Prompt Payment by Contractor for Labor and Materials - As required by ORS 279C.505,
the Contractor shall:
• Make payment promptly, as due, to all Entities supplying labor or Materials under the
Contract;
• Pay all contributions or amounts due the Industrial Accident Fund, whether from the
Contractor or a Subcontractor, incurred in the performance of the Contract;
• Not permit any lien or claim to be filed against the State or any political subdivision thereof,
on account of any labor or Material furnished in performance of the Contract; and
• Pay to the Department of Revenue all sums withheld from employees according to
ORS 316.167.
(b) Prompt Payment by Contractor to First -Tier Subcontractor(s) - According to
ORS 279C.580(3)(a), after the Contractor has determined and certified to the Agency that one or
more of its Subcontractors has satisfactorily performed subcontracted Work, the Contractor may
request payment from the Agency for the Work, and shall pay the Subcontractor(s) within
10 Calendar Days out of such amounts as the Agency has paid to the Contractor for the
subcontracted Work.
(c) Interest on Unpaid Amount - If the Contractor or a first-tier Subcontractor fails, neglects, or
refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract
within 30 Days after the Contractor's receipt of payment, the Contractor or first-tier Subcontractor
shall owe the Entity the amount due plus interest charges that begin at the end of the 10 day period
within which payment is due under ORS 279C.580(3) and that end upon final payment, unless
payment is subject to a good -faith dispute as defined in ORS 279C.580(5)(b). As required by
ORS 279C.515(2), the rate of interest on the amount due shall be 9 percent per annum. 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 the
Agency will not normally do so, but will refer them to the Contractor and the Contractor's Surety.)
The payment of a claim by the Agency in the manner authorized in this Subsection shall not relieve
the Contractor or the Contractor's Surety from obligations with respect to any such claims.
(e) Right to Complain to the Construction Contractors Board - If the Contractor or a
Subcontractor fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials
in connection with the Contract, the Entity may file a complaint with the Construction Contractors
Board, unless payment is subject to a good -faith dispute as defined in ORS 279C.580(5)(b).
75
Attachment 1, Page 84 of 175
00170.20
Exhibit A, Page 84 of 174
(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 and
ORS 279C.605.
The Commissioner of the Bureau of Labor and Industries (BOLI) may have a right of action on the
Contractor's and Subcontractors' public works bonds and Payment Bonds for workers who have
not been paid in full, as provided in ORS 279C.600 and ORS 279C.605.
(g) Paid Summary Report — On a Federal -Aid Construction project, the Contractor shall submit a
"Paid Summary Report", form 734-2882, to the Engineer certifying payments made to all of the
following:
• All Subcontractors
• Committed DBE suppliers
• Non -committed DBE suppliers and service providers with estimated total payments for the
Project over $10,000.
For this purpose, a committed DBE firm is one that was identified by the Contractor to meet an
assigned DBE goal including DBE firms substituting for DBE firms committed as a condition of
Contract Award.
Submit the completed and signed Paid Summary Report to the Engineer within 20 Calendar Days
of receipt of payment from the Agency for each month in which payments were made to each
Subcontractor, each committed DBE Supplier, and each non -committed DBE Supplier or service
provider with estimated total payments for the Project over $10,000. At the completion of the
Project, submit form 734-2882 recapping the total amounts paid to each Subcontractor, each
committed DBE Supplier, and each non committed DBE Supplier or service provider with estimated
total payments for the Project over $10,000.
The Contractor shall require each Subcontractor at every tier to comply with the requirement to
submit form 734-2882 within 20 Calendar Days of receipt of payment from its controlling contractor
and provide a recap of the total amounts paid at the completion of the Project or completion of their
Work.
Forms shall be submitted to an email address provided to the Contractor at the preconstruction
conference.
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(2)
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.
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Attachment 1, Page 85 of 175
Exhibit A, age 99 of 174
Workers exposed to traffic shall wear upper body garments or safety vests that are highly visible and
meet the requirements of 00221.20.
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).
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, copartnership, 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 has 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.
As required by ORS 279C.520, the Contractor shall comply with ORS 652.220 and shall not
unlawfully discriminate against any of the Contractor's employees in the payment of wages or other
compensation for work of comparable character on the basis of an employee's membership in a
protected class. "Protected class" means a group of persons distinguished by race, color, religion,
sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor's
compliance with this provision constitutes a material element of the Contract and failure to comply
constitutes a material breach that entitles the Agency to exercise any remedies available under the
Contract, including, but not limited to, termination for default.
As required by ORS 279C.520, the Contractor shall not prohibit any of the Contractor's employees
from discussing the employee's rate of wage, salary, benefits or other compensation with another
employee or another person and shall not retaliate against an employee who discusses the
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Attachment 1, Page 86 of 175
00170.65
Exhibit A, Page 86 of 174
employee's rate of wage, salary, benefits or other compensation with another employee or another
person.
(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 Special Provisions for additional information
about which wage rates apply to the Project and how to access the applicable wage rates.
The applicable BOLI wage rates will be included in the Contract.
(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 on the Project.
The Contractor and Subcontractors shall preserve the certified statements for a period of 6 years
from the date of completion of the Contract.
(3) Additional Retainage:
a. Agency - As required in ORS 279C.845(7) the Agency will retain 25% of any amount
earned by the Contractor on the Project until the Contractor has filed the certified statements
required in ORS 279C.845 and in FHWA Form 1273, if applicable. The Agency will pay to
the Contractor the amount retained within 14 Days after the Contractor files the required
certified statements, regardless of whether a Subcontractor has failed to file certified
statements.
b. Contractor - As required in ORS 279C.845(8) the Contractor shall retain 25% of any
amount earned by a first-tier Subcontractor on the Project until the first-tier Subcontractor has
filed with the Agency the certified statements required in ORS 279C.845 and in FHWA
Form 1273, if applicable. Before paying any amount retained, the Contractor shall verify that
the first-tier Subcontractor has filed the certified statement. Within 14 Days after the first-tier
Subcontractor files the required certified statement, the Contractor shall pay the first-tier
Subcontractor any amount retained.
(4) Owner/Operator Data - For a project funded by the FHWA, the Contractor shall furnish data
to the Engineer for each owner/operator providing trucking services. Furnish the data before the
time the services are performed and include without limitation for each owner/operator:
• Driver's name;
• Present driver license upon request;
• Vehicle identification number;
• Present vehicle registration upon request;
• Motor vehicle license plate number;
• Motor Carrier account number;
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Attachment 1, Page 87 of 175
Exhibit A, age 9� of 174
• Present ODOT Motor Carrier 1A Permit upon request; 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 279C.520 and ORS 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:
• Cause a circular, clearly printed in boldfaced 12 -point type and 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 that is readily available and freely visible to any or all workers
employed to perform Work; and
• 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.
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Attachment 1, Page 88 of 175
00170.65
Exhibit A, Page 88 of 174
(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 Special Provisions 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.
Attachment 1, Page 89 of 175
Exhibit A, age _98 of 174
00170.70 Insurance:
(a) Insurance Coverages -
Contractor - The Contractor shall obtain the insurance specified below prior to the execution of
the Contract. The Contractor shall maintain the insurance in full force at the Contractor's expense
throughout the duration of the Contract and all warranty periods that apply. Each policy required by
these provisions shall be written as a primary policy, not contributing with or in excess of any
coverage which the Agency may carry. A copy of each policy or a certificate satisfactory to the
Agency shall be delivered to the Agency prior to commencement of the Work. Unless otherwise
specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier
licensed to do business in the state of Oregon and should any of the described policies be cancelled
before the expiration date thereof, notice will be delivered in accordance with the policy provisions.
In the event the statutory limit of liability of a public body for claims arising out of a single accident
or occurrence is increased above the combined single limit coverage requirements specified below,
the Agency shall have the right to require Contractor to increase the Contractor's coverage by the
amount of the statutory limit increase for such claims and to increase the aggregate coverage by
an amount that is twice as large as the statutory increase. The adequacy of all insurance required
by these provisions shall be subject to approval by the Agency's Risk Manager. Failure to maintain
any insurance coverage required by this contract shall be cause for immediate termination of this
contract by the Agency.
Subcontracting - If the Contractor specifies prior to the execution of the Contract that a
Subcontractor will satisfy an insurance requirement, that is permitted to be satisfied by a
Subcontractor, the Contractor shall obtain Agency approval of Subcontractor and Subcontractor's
insurance coverage(s), as required by 00180.21, prior to commencement of specifically approved
abatement -related work Subcontracted work. After the Contractor receives Agency approval of the
Subcontractor, the Contractor may contractually obligate the Subcontractor to obtain and maintain,
at the Subcontractor's expense or at the Contractor's expense, the insurance permitted.
The Contractor shall require that all Subcontractors carry insurance coverage that the Contractor
deems appropriate based on the risks of the subcontracted work. The Contractor shall obtain proof
of the required insurance coverages, as applicable, from any Subcontractor providing Services
related to the Contract.
Neither the insurance provided by Subcontractor(s) nor any agreements Contractor or
Subcontractor(s) may enter into shall place any limitation on the liability or indemnification
obligations of the Contractor under applicable law or the Contract.
Insurance Provisions - The Contractor and Subcontractor(s), if any, shall obtain insurance from
insurance companies or entities that are authorized to transact the business of insurance and issue
coverage in the State and that are acceptable to the Agency. Insurance coverage shall be primary
and noncontributory with any other insurance and self-insurance, with the exception of Workers'
Compensation. The Contractor, or appropriate Subcontractor, but not the Agency, shall pay for all
deductibles, self-insurance retentions and self-insurance, if any.
Commercial General Liability — Contractor shall maintain a broad form commercial
general liability insurance policy with coverage of not less than $2,000,000 combined single
limit per occurrence, with an annual aggregate of not less than $,000,000as specified in
the contract, for bodily injury, personal injury or property damage. Such policy shall contain
a contractual liability endorsement to cover Contractor's indemnification obligations under
the Contract and products/completed operations liability. The policy shall also contain an
endorsement naming the Agency as an additional insured, in a form satisfactory to the
Agency, and expressly providing that the interest of the Agency shall not be affected by
81
Attachment 1, Page 90 of 175
00170.70
Exhibit A, Page 90 of 174
Contractor's breach of policy provisions. The policy shall be endorsed to state that the
general aggregate limit of liability shall apply separately to the Contract..
When Work to be performed includes operations or activity within 50 feet of any railroad
property, bridge, trestle, track, roadbed, tunnel, underpass or crossing, the Contractor shall
provide the Contractual Liability — Railroads CG 24 17 endorsement, or equivalent, on the
Commercial General Liability policy.
Commercial Automobile Liability — Commercial Automobile Liability Insurance covering all
owned, non -owned, and hired vehicles. Contractor shall maintain a commercial automobile
liability insurance policy with coverage of not less than $2,000,000 combined single limit per
occurrence for bodily injury, personal injury or property damage. The coverage shall include
both hired and non -owned auto liability. The policy shall also contain an endorsement naming
the Agency as an additional insured, in a form satisfactory to the Agency, and expressly
providing that the interest of the Agency shall not be affected by Contractor's breach of policy
provisions.
Pollution Liability - If indicated by Special Provision, the Contractor or Subcontractor,
whichever is performing the pollution related Work, shall provide Pollution Liability Insurance
written on an occurrence or claims made basis and covering the Contractor's or
Subcontractor's liability, for bodily injury, property damage, and environmental damage
resulting from sudden, accidental, and gradual pollution, and related clean-up costs. If the
coverage is obtained by the Contractor, the coverage may be written in combination with the
Commercial General Liability Insurance with separate limits for Pollution Liability and
Commercial General Liability. Combined single limit per occurrence shall not be less than
the dollar amount specified in the Special Provisions. The annual aggregate limit shall not be
less than the dollar amount specified in the Special Provisions. The policy shall be endorsed
to state that the annual aggregate limit of liability shall apply separately to the Contract.
Asbestos Liability - If indicated by Special Provision, the Contractor, or Subcontractor,
whichever is performing asbestos related Work, shall provide the Pollution Liability coverage
with an Asbestos Liability endorsement. If an endorsement cannot be obtained, the
Contractor or Subcontractor shall provide separate Asbestos Liability Insurance at the same
combined single limit per occurrence and annual aggregate limit as the Pollution Liability
Insurance with the policy endorsed to state that the annual aggregate limit of liability shall
apply separately to the Contract.
Lead Liability - If indicated by Special Provision, the Contractor or Subcontractor, whichever
is performing lead related Work, shall provide the Pollution Liability coverage with a Lead
Liability endorsement. If an endorsement cannot be obtained, the Contractor or
Subcontractor shall provide separate Lead Liability Insurance at the same combined single
limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the
separate policy endorsed to state that the annual aggregate limit of liability shall apply
separately to the Contract.
Commercial Automobile Liability with Pollution Coverage - If indicated by Special
Provision, the Contractor or Subcontractor, whichever is performing the pollution related
Work, shall provide Commercial Automobile Liability Insurance with Pollution coverage
covering the Contractor's or Subcontractor's liability for bodily injury, property damage, natural
resource damage, and environmental damage arising out of the use of all owned, non -owned,
or hired vehicles while performing Work under the Contract. Combined single limit per
occurrence shall not be less than the dollar amount specified in the Contract. If the coverage
is obtained by the Contractor, the coverage may be written in combination with the
Commercial General Liability Insurance with separate limits for Commercial Automobile
Liability with Pollution Coverage and Commercial General Liability. If this coverage is written
82
Attachment 1, Page 91 of 175
Exhibit A, age _P of 174
in combination with the Commercial General Liability, the policy shall be endorsed to state
that the Commercial General Liability annual aggregate limit shall apply separately to the
Contract.
• Marine Insurance (watercraft) - If indicated by Special Provision, the Contractor or
Subcontractor, whichever is performing watercraft related Work, entails the use of
watercraft, including but not limited to barges, tug boats, work boats, and supply boats,
shall provide the following insurance:
Marine Liability Insurance - For the performance of the Work that requires the use of any
watercraft, whether owned, non -owned, leased, rented, or chartered by Contractor or any
Subcontractors, Marine Liability insurance shall not be less than the dollar amount
specified in the Special Provisions per occurrence for bodily injury and property damage.
Such insurance shall also include coverage for collision liability, tower's liability, marine
contractual liability, wreck/debris removal, and liability for seepage, pollution, containment
and cleanup.
Hull and Machinery Insurance - Including collision liability, with sister -ship clause
un -amended, with limits of liability at least equal to the full value of all vessels used in
connection with performance of the Work required under this Contract and with
navigational limitations adequate for the Contractor to perform the specified Work. Where
vessels engage in towing operations, said insurance shall include full towers' liability with
the sister -ship clause un -amended.
Protection and Indemnity Insurance - To be evidenced through a full entry with a Group
P&I Club, including collision liability, towers' liability, marine contractual liability,
tankermans' liability, and specialist operations. Alternatively, if a full entry in a Group P&I
Club is not available or applicable, Protection and Indemnity Insurance coverage shall be
evidenced on the SP -23 form or equivalent, including, by endorsement or otherwise,
collision liability, tower's liability, specialist operations, and liability for seepage, pollution,
containment and cleanup, with extensions for marine contractual liability, shall not be less
than the dollar amount specified in the Special Provisions.
Pollution Liability Insurance - If pollution coverage is provided outside of a P&I Club
entry or outside of Protection and Indemnity Insurance coverage evidenced on the SP -23
form or equivalent, the amount shall not be less than the dollar amount specified in the
Special Provisions. Pollution liability coverage shall cover bodily injury, property damage,
including cleanup costs and defense costs resulting from sudden and gradual pollution
conditions of contaminants or pollutants into or upon the land, the atmosphere or any water
course or body of water.
With respect to the aforementioned Hull & Machinery Insurance, Protection and Indemnity
Insurance and Pollution Insurance, the policy or policies shall be endorsed as follows:
• Other than owner provisions of all policies shall be deleted with respect to the naming of
Company as an Additional Assured/Insured;
• Delete any as owner clause and any other language, which limits or purports to limit the
coverage afforded to an insured or an additional insured who is not a ship -owner, with
coverage to be afforded to all additional insureds in any capacity in which they may be held
liable; and
• Operator warrants that COFR's are on file with the U.S. Coast Guard as per Federal
requirements.
83
Attachment 1, Page 92 of 175
00170.70
Exhibit A, Page 92 of 174
If Subcontractor(s) are utilized to perform any Work that requires the use of watercraft under the
Contract, all such Subcontractor(s) shall maintain insurance including limits, coverages, terms
and conditions as required herein unless said Subcontractor(s) are insured by Contractor.
Where Contractor provides coverage for a Subcontractor, the Contractor shall issue a Certificate
of Insurance, along with related endorsement(s) required to effect coverage, evidencing
Subcontractor's "Additional Insured/Assured" status under Contractor's coverage.
An Excess Marine Liability insurance policy may be used to meet the required limits of insurance.
Excess coverage must follow form and be as broad as that provided by the underlying primary
liability insurance policies.
ORS 15.320 provides that Oregon law applies to the Contract. The parties also agree that
Oregon law applies to the Contract, even if ORS 15.320 is determined to be inapplicable or
invalid.
(b) Extended Reporting - If any of the required insurance is permitted to be and is on a "claims
made" basis, the Contractor or Subcontractor who provided the insurance coverage, shall obtain
an extended reporting period on the claims made policy or maintain the claims made policy, for a
duration of at least 24 months from the date the applicable work has been completed and accepted
by the Agency or the date of Final Acceptance. This extended reporting requirement shall be
satisfied with documentation of one of the following:
• Extended Reporting Endorsement;
• Tail Coverage; or
• Maintaining the applicable continuous claims made policy with liability coverage.
The Contractor or Subcontractor shall furnish certification of this extended reporting requirement
as a condition to receive Third Notice under 00150.90(b) and 00180.50(g).
(c) Excess/Umbrella Liability - A combination of primary and Excess/Umbrella Insurance may
be used to meet the required limits of insurance. Excess/Umbrella coverage must be at least as
broad as that provided by the underlying primary insurance policies. In addition, the limits of the
underlying primary insurance must be sufficient to prevent any gap between such minimum limits
and the attachment point of the coverage provided by the Excess/Umbrella Liability policy.
(d) Additional Insured -The liability insurance coverages of 00170.70(a) shall include the
Agency, the Agency's governing body, or Commission and it's members, and their respective
officers, Agents and employees as additional insureds, but only with respect to the Contractor's
activities to be performed under the Contract. When federal transportation funding is involved, the
liability coverages of 00170.70(a) shall also include the State of Oregon, the Oregon Transportation
Commission and the Oregon Department of Transportation and their respective officers, members
and employees as additional insureds, but only with respect to the Contractor's activities to be
performed under the Contract. Coverage shall be primary and non-contributory with any other
insurance and self-insurance. The liability coverages of 00170.70(a) that are permitted by the
Agency to be obtained by an appropriate Subcontractor shall include all of the foregoing as
Additional Insureds and shall also include the Contractor and its officers and employees as
Additional Insureds.
Additional Insured Endorsements on the Commercial General Liability shall be written on ISO Form
CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO
Form CG 20 37 07 04, or equivalent, with respect to liability arising out of completed operations.
Additional Insured Endorsements shall be submitted with the Certificate(s) of Insurance and must
be acceptable to the Agency.
84
Attachment 1, Page 93 of 175
Exhibit A, age M of 174
(e) Workers' Compensation - All employers, including the Contractor and Subcontractor(s), if
any, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and
shall provide Workers' Compensation Insurance coverage, unless such employers meet the
requirement for an exemption under ORS 656.126(2). The coverage shall include Employer's
Liability Insurance with limits not less than $500,000 each accident.
The Contractor shall certify in the Contract that the Contractor is registered by the Oregon Workers'
Compensation Division either as a carrier -insured employer, a self-insured employer, an exempt
employer, or is an independent contractor who will perform the Work without the assistance of
others.
The Contractor shall require and verify that its insurance carrier files a guaranty contract with the
Oregon Workers' Compensation Division before performing any Work.
All employers, including the Contractor and Subcontractor(s), if any, exempt under ORS 656.126(2)
and subject to any other state's Workers' Compensation law, shall provide Workers' Compensation
Insurance coverage as required by applicable Workers' Compensation laws. The coverage shall
also include Employer's Liability Insurance with limits not less than $500,000 each accident.
If the Contractor's and Subcontractor's, if any, operations include use of watercraft on navigable
waters and employ persons in applicable positions, a Maritime Coverage Endorsement must be
added to the Workers' Compensation policy, unless coverage for captain and crew is provided in a
Protection and Indemnity policy.
If the Contractor and Subcontractor, if any, conducts its operations in proximity to navigable waters
and employ persons in applicable positions, United States Longshore and Harbor Workers'
Compensation Act coverage must be endorsed onto the Workers' Compensation policy.
The Contractor shall require compliance with these requirements in all Subcontractor contracts.
(f) Notice of Cancellation or Change - The Contractor shall provide at least 30 Days' written
notice to the Agency before cancellation of, material change to, potential exhaustion of aggregate
limits, or non -renewal of the required insurance coverages. If a Subcontractor is providing
insurance to meet the contract requirements, the Contractor shall provide at least 30 Days' written
notice to the Agency before cancellation of, material change to, potential exhaustion of aggregate
limits, or non -renewal of the required insurance coverage(s). Any failure to comply with the
reporting provisions of this insurance shall not affect the coverage(s) provided to the State, Agency,
County, City, or other applicable political jurisdiction or to the Agency's governing body, board, or
Commission and its members, and the Agency's officers, agents, and employees.
(g) Certificate(s) of Insurance - As evidence of the insurance coverages required by the
Contract, the Contractor shall furnish Certificate(s) of Insurance to the Agency at the time(s)
provided in 00130.50(a). As evidence of insurance coverages required by the Contract but
permitted by the Agency under 00170.70(a) to be obtained by an appropriate Subcontractor, the
Contractor shall furnish Certificate(s) of Insurance to the Agency for such coverages together with
the Contractor's request under 00180.21 for approval of the subcontract with that Subcontractor.
The Certificate(s) shall:
• List the City of Springfield and when federal transportation funding is involved, shall also
include "State of Oregon, the Oregon Transportation Commission and the Department of
Transportation, and their respective officers, members, agents and employees" as a
Certificate holder and endorse as an Additional Insured;
• Include all required endorsements or copies of the applicable policy language effecting
coverage required by the Contract;
85
Attachment 1, Page 94 of 175
00170.71
Exhibit A, Page 94 of 174
• Specify that all liability insurance coverages shall be primary and non-contributory with any
other insurance and self-insurance, with exception of Workers' Compensation;
• Include a list of all policies that fall under the Excess/Umbrella Insurance if Excess or
Umbrella Insurance is used to meet the minimum insurance requirement.
(h) Agency Acceptance - All insurance and insurance providers are subject to Agency
acceptance. In addition, all of the following are subject to Agency acceptance and, if requested by
Agency, the Contractor shall provide complete copies of the following to Agency's representatives
responsible for verification of the insurance coverages required by the Contract: insurance policies,
endorsements, self-insurance documents and related insurance documents.
(i) Insurance Requirement Review - The Contractor agrees to periodic review of insurance
requirements by Agency under the Contract and to provide updated requirements as mutually
agreed upon by the Contractor and Agency.
Q) Builders' Risk - If specified by Special Provision, the Contractor shall obtain, at its expense,
and keep in effect during the term of the Contract, Builders' Risk Insurance on an all risks of direct
physical loss basis, including, without limitation, earthquake and flood damage, for an amount equal
to at least the value specified in the Special Provisions. The policy shall not contain a coinsurance
clause or any collapse exclusions. Any deductible shall not exceed $50,000 for each loss, except
that the earthquake and flood deductible shall not exceed 5% of each loss or $50,000, whichever
is greater. The policy shall include the Agency, State of Oregon, and building or structure owner
as loss payees.
(k) Builder's Risk Installation Floater If specified by Special Provision,the Contractor shall
obtain, at its expense, and keep in effect during the term of the Contract, Builder's Risk Installation
Floater Insurance covering the Contractor's Materials and Equipment to be used for completion of
the Work performed under the Contract. The minimum amount of coverage to be carried shall be
equal to the full amount of the Contractor's Equipment, Materials, or fixtures to be installed, in -
transit, or stored off-site during the performance of the Contract. This insurance shall include as
loss payees the Agency, State of Oregon, the building or structure owner, the Contractor and
Subcontractors as their interests may appear.
00170.71 Independent Contractor Status -The service or services to be rendered and the Work to
be completed under this Contract are those of an independent contractor as defined in ORS 670.600.
The Contractor is not an officer, employee, or agent of the Agency or the State as those terms are
used in ORS 30.265.
00170.72 Indemnity/Hold Harmless -To the fullest extent permitted bylaw, and except to the extent
otherwise void under ORS 30.140, the Contractor shall indemnify, defend (with counsel approved by
the Agency) and hold harmless the Agency, Agency's Authorized Representative, Springfield City
Council and its officers, agents and employees, Architect/Engineer, Architect/Engineer's consultants,
and their respective officers, directors, agents, employees, partners, members, stockholders and
affiliated companies (collectively "Indemnitees") from and against all liabilities, damages, losses,
claims, expenses (including reasonable attorney fees), demands and actions of any nature
whatsoever that arise out of, result from or are related to the following:
• Any damage, injury, loss, expense, inconvenience or delay described in this Subsection.
• Any accident or occurrence that happens or is alleged to have happened in or about the Project
Site or any place where the Work is being performed, or in the vicinity of either, at any time prior
to the time the Work is fully completed in all respects.
• Any failure of the Contractor to observe or perform any duty or obligation under the Contract
Documents that is to be observed or performed by the Contractor, or any breach of any
Attachment 1, Page 95 of 175
Exhibit A, age ig of 174
agreement, duty, obligation, responsibility, covenant, provision, requirement, representation or
warranty of the Contractor contained in the Contract Documents or in any subcontract.
• The negligent acts, omissions, or the improper conduct of the Contractor, a Subcontractor or
anyone directly or indirectly employed by them or any one of them or anyone for whose acts
they may be liable, regardless of whether or not such claim, damage, loss or expense is caused
in part by a party indemnified hereunder.
• Any failure to comply with all applicable Laws by the Contractor or any Subcontractor, or anyone
employed by any one of them, or anyone for whose acts they may be liable.
• Any lien filed upon the Project or bond claim in connection with the Work.
Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party, person, or Entity described in this Subsection.
In claims against any person or Entity indemnified under this Subsection by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable, the indemnification obligation under this Subsection shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable by or for the Contractor
or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit
acts or applicable insurance coverage.
Notwithstanding the Contractor's foregoing defense obligations, neither the Contractor nor any
attorney engaged by the Contractor shall defend any claim in the name of the Agency, nor purport to
act as legal representative of the Agency, without the prior written consent of the Agency's legal
counsel. The Agency may, at any time at its election, assume its own defense and settlement in the
event that it determines that the Contractor is prohibited from defending the Agency, or that the
Contractor is not adequately defending the Agency's interests, or that an important governmental
principle is at issue or that it is in the best interests of the Agency to do so. The Agency reserves all
rights to pursue any claims it may have against the Contractor.
When federal transportation funding is involved, the following additional requirements apply:
• The State of Oregon, the Oregon Transportation Commission and the Oregon Department of
Transportation and their respective officers and members and employees (for purposes of this
Subsection 00170.72 collectively "State") are additional Indemnitees.
• Neither Contractor nor Subcontractors nor any attorney engaged by the Contractor or
Subcontractors shall defend any claim in the name of the State or purport to act as legal
representative of the State or any of its agencies, without the prior written consent of the State's
legal counsel, the Oregon Attorney General. State may, at any time at its election, assume its
own defense and settlement in the event that it determines that the Contractor or Subcontractors
are prohibited from defending the State, or that the Contractor or Subcontractors are not
adequately defending the State's interests, or that an important governmental principle is at issue
or that it is in the best interests of the State to do so. The State reserves all rights to pursue any
claims it may have against the Contractor or Subcontractors.
• Contractor shall include a provision in each subcontract requiring Subcontractors to indemnify,
defend (with counsel approved by the State) and hold harmless the State in accordance with
this Subsection 00170.72.
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.
87
Attachment 1, Page 96 of 175
00170.78
Exhibit A, Page 96 of 174
00170.78 Conflict of Interest - The Contractor shall not give or offer any gift, loan, or other thing of
value to any member of the Agency's governing body or employee of the Agency in connection with
the award or performance of any Contract.
The Contractor shall not rent, lease, or purchase Materials, supplies, or Equipment, with or through
any Agency employee or member of the Agency's governing body.
No ex -employee of the Agency who has worked for the Agency on any phase of the Project within the
prior 2 years may be employed by the Contractor to perform Work on the Project.
The Contractor shall also be and remain in compliance with the Agency's Conflict of Interest
Guidelines. (See 00120.40(g) and 00180.21(b).)
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 accepted 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 Acceptance, the Contractor shall promptly rebuild,
repair, restore, and make good damages to all portions of the permanent or temporary Work, except
to the extent the Agency has assumed responsibility according to the provisions of (c) below. The
Contractor shall perform all repairs of damage to Work at no additional cost to the Agency, except
for repairs necessitated by damage caused by:
• Acts of God or Nature, as defined in Section 00110; or
• Actions of governmental authorities.
(c) Responsibility for Damage to Work Caused by Public Traffic - The Contractor may apply
for relief of responsibility for damage to Work caused by Public Traffic by submitting a signed
Contractor's Request for Relief of Responsibility, ODOT form 734-2768 or equivalent, to the
Engineer by mail, personal delivery, courier, FAX, scanned and submitted via email, or other
agreed-upon method.
The Engineer will process a maximum of two forms per month and return the forms
within 7 Calendar Days indicating each item as "approved" or "denied".
The approval of the Engineer is limited, and is made only for the purposes of determining relief of
responsibility for damage to completed portions of the Work caused by Public Traffic. The
completed portions of the Work are not considered complete, and are not finally accepted for any
other purposes under the Contract.
(The Certified LPA needs to verify this matches 00199 and update as necessary.)
If the Contractor disagrees with the Engineer's findings, the Contractor may request a Step 1 review
according to 00199.40(b).
rW
Attachment 1, Page 97 of 175
Exhibit A, age 69 of 174
(1) Request for Relief - The Agency will only accept a request for relief from and will only
assume responsibility for damages caused by Public Traffic, to the following completed portions
of the Work:
• A segment of Roadway, drainage facilities, Slopes, lighting, traffic control devices and
access facilities;
• A Bridge or other Structure within a segment of Roadway;
• Traffic signals and appurtenances at an intersection;
• Permanent, passive traffic control devices;
• Complete circuits of a highway lighting system; and
• Portions of a building open to public use.
The Agency will approve a request for the Agency to assume responsibility for damages to the
completed portions of the Work caused by Public Traffic only under the following conditions:
• The completed portions of the Work are completed according to Contract Change Orders,
the Plans or approved stage construction Plans;
• The traffic control complies with approved traffic control Plans; and
• All required Materials conformance and quality compliance documents pertaining to the
completed portions of the Work are on file with the Engineer (see Section 00165).
(2) Scope of Relief - When the Agency assumes responsibility for damage to completed
portions of the Work caused by Public Traffic, any damages will be repaired by the Contractor
on a Changed Work basis, or by Agency forces, or by other means as determined by the
Engineer. If completed portions of the Work are damaged by Public Traffic before Final
Inspection, and the Agency requires the Contractor to repair the damages, the Engineer will
reimburse the Contractor for the Changed Work at 75% of the total amount calculated according
to Section 00197.
If completed portions of the Work are damaged by Public Traffic after Final Inspection, and the
Agency requires the Contractor to repair the damages, the Engineer will reimburse the
Contractor for the Work at 100% of the total amount calculated according to Section 00197.
If any additional Work is performed by the Contractor on completed portions of the Work for
which the Agency has assumed responsibility for damages caused by Public Traffic, and the
Work is performed outside of the approved stage construction Plans or approved traffic control
Plans, the Contractor shall become fully responsible and liable, and shall make good all
damages caused by Public Traffic at no additional cost to the Agency.
(d) 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 and shall be solely
responsible for replacement and repair costs associated with damage to the Work and/or the
Project Site resulting from vandalism until until Third Notification.
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 until Third Notification.
Es7
Attachment 1, Page 98 of 175
00170.82
Exhibit A, Page 98 of 174
00170.82 Responsibility for Damage to Property and Facilities:
(a) In General - As used in this Subsection, the term "Contractor" shall include the Contractor's
agents, Subcontractors, and all workers performing Work under the Contract; and the term
"damage" shall include without limitation soiling or staining surfaces by tracking or splashing mud,
asphalt, and other materials, as well as damage of a more serious nature.
The Contractor shall be solely responsible for damages arising from:
• The Contractor's operations;
• The Contractor's negligence, gross negligence, or intentional wrongful acts; and
• The Contractor's failure to comply with any Contract provision.
The Agency may withhold funds due the Contractor or the Contractor's Surety until all lawsuits,
actions, and claims for injuries or damages are resolved, and satisfactory evidence of resolution is
furnished to the Agency.
(b) Protection and Restoration of Agency Property and Facilities - The following requirements
apply to Highways, Highway Structures and other improvements that are existing, under
construction, or completed. The Contractor shall:
• Provide adequate protection to avoid damaging Agency property and facilities;
• Be responsible for damage to Agency property and facilities caused by or resulting from the
Contractor's operations; and
• Clean up and restore such damage by repair, rebuilding, replacement, or compensation, as
determined by the Engineer.
(c) Protection and Restoration of Non -Agency Property and Facilities - The Contractor shall
determine the location of properties and facilities that could be damaged by the Contractor's
operations, and shall protect them from damage. The Contractor shall protect monuments and
property marks until the Engineer has referenced their location and authorized their removal. The
Contractor shall restore property or facilities damaged by its operations to the condition that existed
before the damage, at no additional compensation.
The Contractor shall provide temporary facilities when needed, (e.g., to maintain normal service or
as directed by the Engineer), until the required repair, rebuilding, or replacement is accomplished.
The Contractor shall protect specific service signs, (e.g., business logos, and tourist -oriented
directional signs (TODS)) from damage, whether the signs are to remain in place or be placed on
temporary supports. The Contractor shall repair or replace damaged signs at no cost to the
Agency. Liquidated damages will be assessed against the Contractor in the amount of $200 per
Day for each sign out of service for more than 5 Calendar Days because of the Contractor's
operations.
00170.85 Responsibility for Defective Work -The Contractor shall make good any defective Work,
Materials or Equipment incorporated into the Work, according to the provisions of Section 00150.
(a) Latent Defects - The Contractor shall remain liable for all latent defects resulting from causes
other than fraud or gross mistakes that amount to fraud until the expiration of all applicable statutes
of limitation and ultimate repose, the Performance Bond, Warranty Bond, or warranty 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 warranty period.
a
Attachment 1, Page 99 of 175
Exhibit A, age 66 of 174
(b) Contractor Furnished Warranties:
(1) Contractor Warranty for Specific Items - For those Items with Specifications referencing
this 00170.85(b)(1) warranty, the Contractor warrants that the Work for those Items, including
Changed Work, Additional Work, Incidental Work, On -Site Work, and Extra Work, and Materials
and Equipment incorporated into the Work, shall meet the technical and performance
Specifications required under the Contract. The warranty period will be identified in each
applicable Specification or elsewhere in the Contract and will begin on the date of Second
Notification. The Contractor shall be responsible for 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, defects in warranted
Materials, Equipment, and workmanship. The Contractor shall be responsible for all costs
caused by, or resulting in whole or in part from, defects in warranted Materials, Equipment, or
workmanship.
When the Agency makes written notification 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.
This warranty provision shall survive expiration or termination of the Contract.
(2) General Warranty for Local Public Agency Projects - For those Contracts that are
developed, advertised, awarded, and administered by Local Public Agencies, and are not
Federal Aid Construction projects on the National Highway System, this 00170.85(b)(2) warranty
applies.
The warranty described herein is an extension of the Performance Bond for a period of one year
from the date of Third Notification. 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, except that warranties according to
00170.85(b)(1) and manufacturers' warranties and extended warranties according to
00170.85(c) shall not be abridged.
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.
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Attachment 1, Page 100 of 175
00170.89 Exhibit A, Page 100 of 174
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 Warranties and Guarantees:
(1) Manufacturer Warranties - For those Specification Sections referencing 00170.85(c)(1),
the Contractor shall furnish Warranties from the Manufacturer and signed by a Manufacturer's
Representative.
The warranty period will be specified in the applicable Specification Section for which it applies.
The warranty period will begin on the date of Third Notification, unless otherwise specified in the
Contract.
When the Agency makes written notification to the Manufacturer 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.
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 expense. The
Manufacturer shall replace all temporary repairs at no additional cost to the Agency.
The Manufacturer shall provide all required traffic control during repair or replacement of failed
items at no additional cost to the Agency.
Warranty work shall be performed when weather permits.
(2) Trade Practice Guarantees - For those Items installed on the Project that have customary
trade practice guarantees, the Contractor shall furnish the guarantees to the Engineer at the
completion of the Contract.
00170.89 Protection of Utility, Fire -control, and Railroad Property and Services; Repair;
Roadway Restoration:
(a) Protection of Utility, Fire -Control, and Railroad Property and Services; Coordination -
The Contractor shall avoid damaging the properties of Utilities, Railroads, railways, and fire -control
authorities during performance of the Work. The Contractor shall cooperate with and facilitate the
relocation or repair of all Utilities and Utility services, as required under 00150.50, and of Railroad
and fire -control property and railways.
The Contractor shall conduct no activities of any kind around fire hydrants until the local fire -control
authority has approved provisions for continued service.
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Attachment 1, Page 101 of 175
Exhibit A, Page 001 of 174
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, at no additional cost to the Agency.
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
the 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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Attachment 1, Page 102 of 175
00180.00 Exhibit A, Page 102 of 174
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,
which will not be unreasonably withheld, the Contractor shall not assign, delegate, sell, or otherwise
transfer or dispose of any rights or obligations under the Contract, whether voluntarily or involuntarily,
and whether by merger, consolidation, dissolution, operation of law, or any other manner, including,
without limitation:
• The power to execute or duty to perform the Contract; or
• Any of its right, title or interest in the Contract.
Any purported or attempted assignment, delegation, sale, transfer or disposition without prior Agency
consent shall be voidable.
If written Agency consent is given to assign, delegate, sell, or otherwise transfer or dispose of any
rights or obligations under the Contract, such consent shall not relieve the Contractor or its Surety of
any part of their duties, obligations, responsibilities, or liabilities under or pursuant to 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 provided by the Agency;
• The Contractor secures the written consent of the Contractor's Surety to the assignment; and
• The Engineer gives prior written consent to the assignment, which will not be unreasonably
withheld.
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, 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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Attachment 1, Page 103 of 175
Exhibit A, Page TdS of 174
00180.20 Subcontracting Limitations:
(a) General - The Contractor's own organization shall perform Work amounting to at least 30% of
the original Contract Amount. 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, truck hauling of Materials not included in or requiring a subcontract, and
Materials and Equipment to be incorporated into the Work purchased or produced by the
Contractor.
(c) Rental of Operated Equipment - The use of Equipment rented with operators, except truck
hauling of materials which is addressed in 00180.20(e), will be allowed without a subcontract only
when the following requirements are met:
(1) Written Request — For a Federal Aid Construction project the Contractor has submitted to
the Engineer a written request describing the work or service to be provided, its estimated cost,
and its estimated duration. The Engineer must approve the request before the work or service
is provided.
(2) Limitations - The use of Equipment rented with operators is limited to performing minor,
Incidental, short -duration work or services under the direct supervision of the Contractor or
Subcontractor, with Equipment not customarily owned, rented, leased, or operated by a
Contractor, or with Equipment that is temporarily unavailable to the Contractor.
(3) Submittals - The Contractor shall provide the Engineer with a copy of the rental agreement
or purchase order covering the work or service to be provided. The Contractor shall make certain
that the provider of approved work or services submits payrolls required under Section 00170
and complies with applicable Contract provisions, including, without limitation, 00170.07. The
work or service provider will not be considered a Subcontractor under the Contract, but the work
or services will be considered to have been performed by the Contractor's own organization for
the purposes of determining compliance with 00180.20(a).
(4) Revocation of Approval - The Engineer may revoke approval for the work or services
provided through rented, operated Equipment at any time the Engineer determines that the work
is outside that authorized under 00180.20(c)(2). Unless the Contractor promptly submits to the
Engineer a subcontract agreement for consent under 00180.21, the work or service provider
shall be immediately removed from the Project Site.
(d) Disadvantaged Business Enterprise (DBE) - Every agreement to perform Work, including,
without limitation, subcontracts, trucking services agreements, purchase orders, and rental
agreements, shall indicate whether the Work will be performed by a DBE or non -DBE.
(e) Trucking - This Section does not apply to delivery of Materials by or for or from a Supplier.
This Subsection applies to all truck hauling of Materials not performed with trucks owned (or rented)
and operated by the Contractor. If the services under Rental of Operated Equipment or Trucking
are provided by a committed DBE firm, a subcontract is required under 00180.21. For this purpose
a committed DBE firm is one that was identified by the Contractor to meet an assigned DBE goal
including DBE firms substituting for DBE firms committed as a condition of Contract Award.
(1) Trucking Services Agreement — For a Federal Aid Construction project the Contractor
shall submit at the preconstruction conference one or more proposed trucking services
agreements for all trucking services for hauling materials. The proposed agreements shall
include:
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Attachment 1, Page 104 of 175
00180.20
Exhibit A, Page 104 of 174
• Statement specifying whether the services will be provided by a DBE;
• Statement specifying whether the services will be provided by an owner/operator;
• Prompt payment clause (10 days) (ORS 279C.580);
• Interest penalty clause (ORS 279C.580);
• Lower -tier clause (ORS 279C.580);
• Statement about the provider's ability to file a complaint with the Construction
Contractors Board (ORS 279C.515);
• Statement that workers shall be paid not less than the specified minimum hourly rate of
wage (ORS 279C.830) as applicable;
• Provision requiring the provider to have a public works bond filed with the Construction
Contractors Board before starting work on the Project, unless exempt under
ORS 279C.836(4) or (9), or has elected to not file a bond under ORS 279C.836(7) or
(8), or is otherwise not applicable;
• Insurance clauses that include Commercial Automobile Liability and Workers
Compensation (ORS 656.017 unless exempt under ORS 656.126);
• Provision requiring the provider to comply with applicable Contract provisions, including,
without limitation, Record Requirements in 00170.07; and
• Construction Contractors Board License Number if applicable.
The Agency must review and consent to the proposed trucking services agreements prior to use.
(2) Limitations - The approved trucking services agreements shall be used for all trucking
services for hauling Materials not provided by trucks owned (or rented) and operated by the
Contractor except for trucking services provided by committed DBEs that require a subcontract
under 00180.21. The Contractor shall execute a trucking services agreement with every trucking
services provider for hauling Materials prior to the trucking services provider doing any Work on
the Project Site.
(3) Submittals - The Contractor shall provide the Engineer with an executed copy of the
trucking services agreement not later than 2 Days after the trucking services provider for hauling
Materials has started work. The Contractor shall make certain that the provider of approved
trucking services submits payrolls required under Section 00170, complies with applicable
Contract provisions, including, without limitation, 00170.07, and complies with applicable
trucking services agreement provisions. The work or service provider will not be considered a
Subcontractor under the Contract, but the work or services will be considered to have been
performed by the Contractor's own organization for the purposes of determining compliance
with 00180.20(a). If the trucking services are provided by an owner/operator:
• Attach a copy of the data required under 00170.65(b)(4) to the trucking services
agreement; and
• Each truck shall have the name of the owner/operator clearly displayed on the side of the
truck.
(4) Revocation of Approval - The Engineer may revoke approval for trucking services
provided under the trucking services agreement at any time the Engineer determines that the
work or service is outside that authorized under 00180.20(e). Upon revocation of approval, the
service provider shall be immediately removed from the Project Site.
Attachment 1, Page 105 of 175
Exhibit A, Page Td� of 174
00180.21 Subcontracting:
(a) General—For a Federal Aid Construction project the Contractor shall not subcontract or
perform any portion of the Contract by other than the Contractor's own organization without the
Agency's prior written consent. A request for consent to subcontract, at any tier, solely for the
furnishing of a labor force will not be considered.
For a Federal Aid Contruction project a written request for consent to subcontract any portion of
the Contract at any tier shall be submitted to the Engineer, and when required by the Engineer,
shall be accompanied by background information showing that the organization proposed to
perform the Work is experienced and equipped for such Work. The Agency will review the
Contractor's submission to verify compliance with Contract requirements, confirm the percentage
of Work subcontracted, and evaluate the proposed Subcontractor's ability to perform the Work. If
the Agency approves the Contractor's request to subcontract, the Agency will provide its consent
to the Contractor's request as follows:
• If the Subcontractor is not providing any of the insurance coverages as permitted under
00170.70(a), the Agency will respond within 7 Calendar Days after the Engineer's receipt of
the request.
• If the Subcontractor is providing any of the insurance coverages as permitted under
00170.70(a), the Agency will respond within 35 Calendar Days after the Engineer's receipt of
the request. (28 Calendar Days for the Agency to review and approve the Certificates of
Insurance required by 00170.70(f) plus 7 Calendar Days to review and approve the
subcontract request.)
The Engineer may revoke consent to subcontract. If the Engineer revokes consent to subcontract,
the Subcontractor shall be immediately removed from the Project Site.
(b) Submittal of Requests - The Contractor must submit requests for consent to subcontract any
portion of the Contract, at any tier, on the Agency's form, available from the Engineer. The
Contractor shall attach a duplicate original subcontract agreement. The Contractor must also
submit in writing any amendments or modifications proposed to Agency -approved subcontract
agreements, at any tier, before the affected Work begins. The Agency's written consent will be
required before such amendments or modifications become effective.
(Review and modify Conflict of Interest as necessary to match prior 00170.78)
The Contractor and proposed Subcontractors shall review the Agency's Conflict of Interest
Guidelines, and if any disclosures are required, they shall complete the Conflict of Interest
Disclosure Form(s) and submit them with the request for consent to subcontract. The Conflict of
Interest Guidelines and Conflict of Interest Disclosure Form are available on the ODOT
Procurement Office website (see 00110.05(e)).
If disclosures are not required under the Agency's Conflict of Interest Guidelines, no disclosures
need be submitted.
The Subcontractors shall also otherwise be and remain in compliance with the Agency's Conflict of
Interest Guidelines. (See 00170.78.)
(c) Substitution of Disclosed Subcontractors - The Contractor may only substitute a previously
undisclosed 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)):
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Attachment 1, Page 106 of 175
00180.21 Exhibit A, Page 106 of 174
• The disclosed Subcontractor fails or refuses to execute a written contract that is reasonably
based either upon the Project Plans and Specifications, or the terms of the Subcontractor's
written Bid, after having had a reasonable opportunity to do so;
• 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
(d) Terms of Subcontracts - All subcontracts shall provide that Work performed under the
subcontract shall be conducted and performed according to, and shall include, the pertinent
requirements, provisions, terms, and conditions of the Contract, including but not limited to the
requirements of Subsection 00170.72. Compliance with 00170.07 is required. All subcontracts,
including Contractor's with the first-tier Subcontractors and those of the -firsttier- Subcontractors
with their Subcontractors, and any other lower -tier subcontracts shall contain a clause or condition
that if the Contractor or a Subcontractor fails, neglects, or refuses to make payment to an Entity
furnishing labor or Materials in connection with the Contract, the Entity may file a complaint with
the Construction Contractors Board, unless payment is subject to a good -faith dispute as defined
in ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall
include:
(1) A payment clause that obligates the Contractor to pay the first-tier Subcontractor for
satisfactory performance under the subcontract within 10 Calendar Days out of amounts the
Agency pays to the Contractor under the Contract.
(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.
Attachment 1, Page 107 of 175
Exhibit A, Page T6 of 174
(4) An interest penalty clause that obligates the Contractor, if the Contractor does not pay the
firsttier Subcontractor within 30 Calendar Days after receiving payment from the Agency, to pay
the firsttier 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 firsttier Subcontractor is no Subcontractor is not
obligated to pay an interest penalty if the only reason that the Contractor or first-tiert make
payment when payment was due is that the Contractor or first-tier Subcontractor did not receive
payment from the Agency or the Contractor when payment was due. The interest penalty applies
to the period that begins on the day after the required payment date and ends on the date on
which the amount due is paid; and shall be computed at the rate specified in 00170.10(c).
(5) A clause that requires the Contractor's first-tier Subcontractor to include a payment clause
and an interest penalty clause that conform to the standards of ORS 279C.580
(see 00180.21(d)(1) and 00180.21(d)(4)) in each of the firsttier Subcontractor's subcontracts and
to require each of the first-tier Subcontractor's Subcontractors to include such clauses in its
subcontracts with each lower -tier Subcontractor or Material supplier.
These payment clauses shall require the Contractor to return all retainage withheld from the
Subcontractor, whether held by the Contractor or the Agency, as specified in 00195.50(d).
As required by ORS 279C.800 through ORS 279C.870, subcontracts shall include:
• A provision requiring the Subcontractor to have a public works bond filed with the Construction
Contractors Board before starting Work on the Project, unless exempt.
• A provision requiring that the workers shall be paid not less than the specified minimum hourly
rate of wage.
As and when applicable, the Contractor shall require in its subcontracts that Subcontractors
maintain the certifications required by ORS 279A.107.
(e) Contractor's Responsibilities - As a condition of the Agency's grant of consent to
subcontract, whether or not stated in the subcontract agreement itself, the Contractor shall remain
solely responsible for administration of the subcontract, including, but not limited to:
• Performance of subcontracted Work;
• Progress of subcontracted Work;
• Payments for accepted subcontracted Work; and
• Disputes and claims for additional compensation regarding subcontracted Work.
The Engineer's consent to subcontract will 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.
(f) 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
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Attachment 1, Page 108 of 175
00180.30 Exhibit A, Page 108 of 174
overpayment by the Contractor to Subcontractors and to its other agents, work providers, service
providers, and trucking services 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, Products, and Methods -The Engineer's decisions
under this Section are final. Substitutions after Award will be considered as provided below unless
specified as the subject of an exemption per ORS 279C.345. See 00120.16 for possible substitutions
before Bid Opening.
(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, Products, and Equipment to be Incorporated into the
Work - After execution of the Contract, the Engineer may approve substitution of Materials,
products, and Equipment to be incorporated into the Work as follows:
(1) Reasons for Substitution - The Engineer will consider substitution only if:
• The proposed Materials, products, 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, products, 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).
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Attachment 1, Page 109 of 175
Exhibit A, Page T86 of 174
(c) Substitution of Equipment Specified to Perform Work -The Agency encourages
development of new or improved Equipment and innovative use of Equipment. When the
Specifications require Equipment of a particular size or type to be used to perform certain portions
of the Work, the Contractor may submit a request to the Engineer to use Equipment of a different
size or type. The request will not be considered as a cost reduction proposal under 00140.70. The
request shall:
• Be in writing and include a full description of the Equipment proposed and its intended use;
• Include the reasons for requesting the substitution; and
• Include evidence, obtained at the Contractor's expense and satisfactory to the Engineer, that
the proposed Equipment is capable of functioning as well as or better than the specified
Equipment.
The Engineer will consider the Contractor's request and will provide a written response to the
Contractor, either permitting or denying use of the proposed Equipment.
Permission may be granted on a trial basis to test the quality of Work actually produced, subject to
the following:
• There will be no cost to the Agency, either in Contract Amount or in Contract Time;
• The permission may be withdrawn by the Engineer at any time if, in the Engineer's opinion,
the Equipment is not performing in all respects equivalent to the Equipment specified in the
Contract;
• If permission is withdrawn, the Contractor shall perform the remaining Work with the
originally -specified Equipment; and
• The Contractor shall remove and replace non -specification work resulting from the use of the
Contractor's proposed Equipment, or otherwise correct it as the Engineer directs, at no
additional compensation.
(d) Substitution of Methods - The Agency encourages development of new, improved, and
innovative construction methods. When the Plans or Specifications require a certain construction
method for a portion of the Work, the Contractor may submit a request for a change by following
the provisions of 00140.70, "Cost Reduction Proposals".
00180.32 Alternative Materials, Equipment, and Methods -Whenever the Contract authorizes
certain alternative Materials, Equipment, or methods of construction for the Contractor's use to
perform portions of the Work, and leaves the selection to the Contractor, the Agency does not
guarantee that all listed alternative Materials, Equipment, or methods of construction can be used
successfully throughout all or any part of the Work.
The Contractor shall employ only those alternatives that can be used to satisfactorily perform the
Work. No additional compensation will be paid for corrective work necessitated by the Contractor's
use of an inappropriate alternative.
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Attachment 1, Page 110 of 175
00180.40
00180.40 Limitation of Operations:
Exhibit A, Page 110 of 174
(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.
• Not perform Work at the project site on a day not defined as a Work Day according to sub-
section 00110.20
• Not begin Work prior to 7:00 a.m. nor continue Work past 6:00 p.m., except saw cutting joints
in new concrete may continue past 6:00 p.m. when approved by Engineer.
(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 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.
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 each week to the
Engineer. 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:
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• The resources the Contractor, Subcontractors, or services will use.
• The locations of each activity that will be done including the limits of the Work by mile posts,
stations, or other indicators.
• The time frames of each activity by Calendar Days, shifts, and hours.
• All anticipated Shoulder, lane, and road closures.
At a minimum, the Contractor shall prepare a bar chart that:
• Shows at least 3 weeks of activity including the week the bar chart is issued.
• Uses a largest time scale unit of 1 Calendar Day. Smaller time scale units may be used if
needed.
• Is appropriate to the activities.
• Identifies each Calendar Day by month and day.
Include the Contract name, Contract number, Contractor's name, and date of issue on each page of
the bar chart.
The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First
Notification and continuing each week 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 each week 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 - At least 5 Calendar Days prior to the preconstruction conference, the Contractor
shall provide to the Engineer an electronic PDF 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 00221.06.
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;
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00180.41 Exhibit A, Page 112 of 174
• 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 timescaled bar
chart.
• Timing of contractor -required public notifications
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 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 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.
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001
Exhibit A, Page8 1.4
of 174
(b) Type "B" Schedule -When a Type "B" Schedule is required, the Contractor shall do the
following:
(1) Initial Schedule - At least 5 Calendar Days prior to the preconstruction conference, the
Contractor shall provide to the Engineer 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 00221.06.
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.
(Certified LPA to verify software versions)
(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 an
electronic PDF copy of a detailed time -scaled bar chart Project Work schedule indicating the
critical course of the Work. The digital copy shall be compatible with the current version of
Microsoft Project, , 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.
• Timing of contractor -required public notifications
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.
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00180.41 Exhibit A, Page 114 of 174
• 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.
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 an electronic PDF of the
Project schedule, including required revisions.
The accepted Project schedule shall represent all Work, as well as the planned sequence and
time for the Work. Review of this and subsequent schedules by the Engineer shall not relieve
the Contractor of responsibility for timely and efficient execution of the Contract.
(3) Review and Reporting - The Project Work schedule may require revision as the Work
progresses. Therefore, the Contractor shall monitor and when necessary revise the Project
Work schedule as follows:
a. Review with the Engineer - The Contractor shall perform ongoing review of the Project
Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor
determines that the Project Work schedule no longer represents the Contractor's own plans
or expected time for the Work, a meeting shall be held between the Engineer and the
Contractor. At this meeting, the Contractor and the Engineer shall review Project events and
any changes for their effect on the Project Work schedule. After any necessary action has
been agreed upon, the Contractor shall make required changes to the Project Work schedule.
The Contractor shall collect information on all activities worked on or scheduled to be worked
on during the previous report period, including shop drawings, Material procurement, and
Contract Change Orders that have been issued. Information shall include commencement
and completion dates on activities started or completed, or if still in progress, the remaining
time duration.
The Contractor shall develop detailed sub -networks to incorporate changes, Additional Work,
and Extra Work into the Project Work schedule. Detailed sub -networks shall include all
necessary activities and logic connectors to describe the Work and all restrictions on it. The
restraints shall include those activities from the Project Work schedule that initiated the
sub -network as well as those restrained by it.
The Contractor shall evaluate this information and compare it with the Contractor's Project
schedule. If necessary, the Contractor shall make an updated bar chart schedule to
incorporate the effect changes may have on the Project completion time(s). For any activity
that has started, the Contractor shall add a symbol to show the actual date the activity started
and the number of normal workdays remaining until completion. For activities that are
finished, a symbol shall be added to show the actual date. The Contractor shall submit one
digital and an electronic PDF 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;
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Exhibit A, Page 1 of 174
• A description of any current and expected changes or delaying factors and their effect
on the construction schedule; and
• Proposed corrective actions.
107
Attachment 1, Page 116 of 175
00180.41 Exhibit A, Page 116 of 174
(c) Type "C" Schedule -When a Type "C" Schedule is required, the Contractor shall do the
following:
(Certified LPA to verify software versions)
(1) Initial Schedule - At least 5 Calendar Days prior to the preconstruction conference, the
Contractor shall provide to the Engineer one digital copy and an electronic PDF of a time -scaled
bar chart Project Work schedule. The digital copy shall be compatible with the current version
of Microsoft Project, , or another scheduling program approved by the Engineer. The initial
schedule shall show:
• The expected beginning and completion date of each activity, including all stages and
phases;
• The time needed for completion of the Utility relocation work; and
• The elements of the traffic control plan as required under 00221.06.
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.
(Certified LPA to verify software versions)
(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 an electronic PDF 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 the current version of Microsoft Project, , or another
scheduling program approved by the Engineer. The first submitted detailed time -scaled critical
path method (CPM) network Project Work schedule shall also contain a listing of the quantity of
Work for each activity, when appropriate, in common units of measure.
Detailed work schedule activities shall include the following:
• Construction activities;
• Any limitations of operation specified in 00180.40;
• The time needed for completion of the Utility relocation work;
• Implementation of TCP for each stage and phase;
• Submittal and approval of Material samples, mix designs, and shop drawings;
• Agency timeframes to process and return Contractor submitted plans, Working Drawings,
Equipment lists and other submittals;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special Material and Equipment;
• Duration of Work, including completion times of all stages and their sub -phases; and
• Specified cure times for all concrete elements.
The activities shall be separately identifiable by coding or use of sub -networks or both. The
duration of each activity shall be verifiable and consistent with the description in the Project
narrative required in (3) below.
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0018 .4
Exhibit A, Page 1 of 174
Detailed sub -networks shall include all necessary activities and logic connectors to describe the
Work and all restrictions on it. In the restraints, include those activities from any Project Work
schedule that initiated the sub -network as well as those restrained by it.
The time scale used on the Contractor's detailed time -scaled critical path method (CPM) network
Project Work schedule shall be appropriate for the duration of the activities and the Project
duration. The time scale shall be in normal workdays, defined as every day except Saturday,
Sunday and legal holidays, with calendar dates identified no less than the first and midpoint of
each calendar month. The smallest unit shown shall be 1 Day. The network shall show the
length of the activity or part scaled to accurately represent the number of normal workdays
scheduled. Distinct symbols or graphics shall be used to show multiple shift, holiday, or weekend
work.
The schedule network drawing(s) shall include a title block showing the Contract name and
number, Contractor's name, date of original schedule, and all update dates; and a legend
containing the symbols used, their definitions, and the time scale, shown graphically.
The Contractor shall include a tabulation of each activity in the computer mathematical analysis
of the network diagram. The following information represents the minimum required for each
activity:
• Event (node) number(s) for each activity;
• Maintain event (node) numbers throughout the Project;
• Activity description;
• Original duration of activities (in normal workdays);
• Estimated remaining duration of activities (in normal workdays);
• Earliest start date and actual start date (by calendar date);
• Earliest finish date and actual finish date (by calendar date);
• Latest start date (by calendar date);
• Latest finish date (by calendar date); and
• Slack or float time (in workdays).
The Document 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 an electronic PDF 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:
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00180.41
Exhibit A, Page 118 of 174
• Plans for staging the Project.
• All critical activities.
• All near critical activities defined as those with less than 30 Days of float.
• All Subcontractor activities that are critical, near critical, and those that are greater than
two weeks in duration.
• Labor resourcing, by stage and phase, to include the number of crews, average crew size
and planned night/weekend shifts including that of Subcontractors.
• Equipment allocation, by stage and phase to include mobilization, demobilization and
planned activities including that of Subcontractors.
• Notifications required under the Contract during each stage and phase which may include
but is not limited to road closures, lanes closures, night work, cold plane Pavement
removal, and pile driving.
• Provide discussion on addressing reasonably predictable weather conditions and their
impact on all weather sensitive activities. Also, provide discussion on other weather
limitations that may affect the Project schedule.
• Submittal and approval of material samples, mix designs, and shop drawings.
• Procurement of critical materials.
• Plans for dealing with "unique" construction items.
• Coordination of utilities and any immediate concerns for impacts/delays.
• Constructability issues.
• Cost Reduction Proposals and/or immediate requests for changes to the Specifications.
• Concerns/issues that need to be addressed within the first 90 Days following First
Notification.
The accepted Project narrative shall represent all critical and near critical Work, as well as the
planned sequence and time for the Work.
(4) Review and Reporting - The Project Work schedule may require revision as the Work
progresses. Therefore, the Contractor shall monitor and when necessary revise the Project
Work schedule as follows:
a. Review with the Engineer - The Contractor shall perform ongoing review of the accepted
Project Work schedule and progress of the Work with the Engineer. If the Engineer or the
Contractor determines that the accepted Project Work schedule no longer represents the
Contractor's own plans or expected time for the Work, a meeting shall be held between the
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
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Exhibit A, Page 1 of 174
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 a
digital copy 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 digitally and shall include the following:
• A sufficient description, in narrative form, to describe the past progress, anticipated
activities, and stage Work;
• A description of any current and expected changes or delaying factors and their effect
on the construction schedule;
• Proposed corrective actions;
• Proposals to keep the Project on schedule in the event of a delay; and
• Any changes to the logic as compared to the accepted Project Work schedule.
(d) Substitution of Schedules - When a Type "A" schedule is required, a Type "B" or Type "C"
schedule may be substituted for the Type "A" schedule.
When a Type "B" schedule is required, a Type "C" schedule may be substituted for the Type "B"
schedule.
(e) Specified Contract Time Not Superseded by Schedule Revisions - The completion dates
in any Project Work schedule and any revised or updated Project Work schedules shall be within
the Contract Time(s) specified for the Project, or within adjusted Contract Times approved
according to 00180.80(c). Acceptance of any Project Work schedule or any revised or updated
Project Work schedules shall not constitute approval of any completion dates that exceed such
Contract Time(s). If the Contractor believes that additional Contract Time is due, the Contractor
shall submit, with a revised Project Work schedule, a request for adjustment of Contract Time
according to 00180.80(c). A request for an adjustment of Contract Time will be evaluated using
the most recently accepted Project Work schedule.
(f) Float Time - Float time shown on the Project Work schedule, including any time between a
Contractor's scheduled completion date and the specified Contract Time(s), does not exist for the
exclusive use of either party to the Contract and belongs to the Project.
(g) Schedules Do Not Constitute Notice - Submittal of a Project Work schedule, with supporting
Project narrative, does not constitute or substitute for any notice the Contractor is required under
the terms of the Contract to give the Agency.
(h) Failure to Provide Schedule - The Project Work schedule is essential to the Agency. The
Contractor's failure to provide the schedule, schedule information, progress reports, Project
narratives, or schedule updates when required will be cause to suspend the Work, or to withhold
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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 30 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 within the Contract Time or the adjusted Contract Time;
• 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 if approved submit an updated Project Work schedule according to 00180.41 that
ensures completion within the Contract Time or the adjusted Contract Time; and
• Not resume suspended Work without the Engineer's written authorization.
00180.50 Contract Time to Complete Work:
(a) General - The time allowed to complete the Work or Pay Item is stipulated in the Solicitation
Documents, 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 on the day the Contractor begins On -Site Work as defined in
00110.20.
(d) Recording Contract Time - All Contract Time will be recorded and charged to the nearest
one-half Day. Once Contract Time has commenced, the assessment of Contract Time will continue
uninterrupted until the Work is complete according to 00180.50(g).
For days in Calendar Day contracts or Work Day contracts when, in the judgment of the Engineer,
weather conditions preclude work, the Contractor shall not work, and Contract Time will not be
assessed. A full Contract Day will be assessed for days when, in the judgment of the Engineer, the
Contractor is able to work at least at a 60% efficiency rate, or for 60% of the day. Partial Contract
Days will be charged as determined by the Engineer.
On Contracts with Calendar 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 the specified Work in 00180.50(h).
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For Contracts with fixed completion dates for Pay Items, the Engineer will furnish the Contractor a
weekly statement of Contract Time charges only after expiration of the Contract Time. The
statement will show the number of Calendar Days of liquidated damages that have been assessed,
if any.
These statements will include any exclusions from, or adjustments to, Contract Time
(e) Exclusions from Contract Time - Regardless of the way Contract Time is expressed in the
Contract, certain Calendar Days will not be charged against Contract Time. These exclusions will
be allowed when the Contractor is prevented from performing Work due to one of the following
reasons, resulting in delay:
• Acts of God or Nature;
• Court orders enjoining prosecution of the Work;
• Strikes, labor disputes or freight embargoes that, despite the Contractor's reasonable efforts
to avoid them, cause a shutdown of the entire Project or one or more major operations.
"Strike" and "labor dispute" may include union action against the Contractor, a Subcontractor,
a materials Supplier, or the Agency; or
• Suspension of the Work by written order of the Engineer for reasons other than the
Contractor's failure or neglect.
(f) Time Calculation Protest - In the event the Contractor disputes the accuracy of the statement
of Contract Time charges, it shall immediately contact the Engineer and attempt to resolve the
dispute. If the dispute cannot be resolved informally, the Contractor shall submit a formal written
protest to the Engineer within 7 Calendar Days of the date the Engineer mailed or delivered the
statement. 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 proposed by the Contractor and accepted by the Engineer. Unless otherwise
agreed by the Agency, failure of the Contractor to complete all tasks listed in the Second Notification
within the time frame accepted, will result in the Agency rescinding the Second Notification.
Counting of time charges will resume upon expiration of the accepted time frame.
00180.60 Notice of Delay - The Contractor shall notify the Engineer of any delay that will likely
prevent completion of the Work or a Pay Item by the date specified in the Project Work schedule. The
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00180.65 Exhibit A, Page 122 of 174
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 ending date of an anticipated delay is stated in the Special Provisions, only the delay occurring
after that date 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.
When Work is resumed after suspension, unless otherwise specified in the Contract, the Contractor
shall perform the following at no additional compensation:
• Replace or repair any Work, Materials, and Equipment to be incorporated into the Work that
was lost or damaged because of the temporary use of the Project Site by the public; and
114
Attachment 1, Page 123 of 175
Exhibit A, PageN1S of 174
• 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.
(See 00180.50(e), 00 180.65, and 00 195.40.)
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 in the Special Provisions, the Engineer will only consider additional delay beyond the
stipulated duration in determining whether to adjust Contract Time.
(if the Certified LPA moaifies the 45 days below then all three Subsections 00150.91.
00180.80(c) and 00199.30(b) should be made consistent.)
(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 45 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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00180.80 Exhibit A, Page 124 of 174
• Sufficient detail for the Engineer to evaluate the asserted justification for the amount of
additional Contract Time requested;
• The cause of each delay for which additional Contract Time is requested, together with
supporting analysis and data;
• Reference to the Contract provision allowing Contract Time adjustment for each cause of
delay;
• The actual or expected duration of delay resulting from each cause of delay, expressed in
Calendar Days; and
• A schedule analysis based on the current approved Project Work schedule for each cause of
delay, indicating which activities are involved and their impact on Contract completion.
(d) Basis for Adjustment of Contract Time - In the adjustment of Contract Time, the Engineer
will consider causes that include, but are not limited to:
• Failure of the Agency to submit the Contract and bond forms to the Contractor for execution
within the time stated in 00130.50, or to submit the Notice to Proceed within the time stated
in 00130.90;
• Errors, changes, or omissions in the Supplemental Drawings, quantities, or Specifications;
• Performance of Extra Work;
• Failure of the Agency or Entities acting for the Agency to act promptly in carrying out Contract
duties and obligations;
• Acts or omissions of the Agency or Entities acting for the Agency that result in unreasonable
delay referenced in 00195.40;
• Causes cited in 00180.50(e); and
• Right-of-way and access delays referenced in 00180.65.
(Use only one of the bullets below starting with "Reasonably" delete the other one. The first
one is in and aligns with the Oregon Standard. The second one is holdover Certified LPA
language that was previously in 00180.50(d).)
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.
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Exhibit A, Page929 of 174
(e) Consideration and Response by Agency - The Engineer will only consider a Contractor's
request for Contract Time adjustment submitted according to the requirements of 00180.80(c). The
Engineer may elect not to consider claimed delays that do not affect the specified or adjusted
Contract Time required to complete the Work.
The Engineer may adjust Contract Time for causes not specifically identified by the Contractor in
its request.
The Engineer will review a properly submitted request for Contract Time adjustment, and within a
reasonable time will advise the Contractor of the Engineer's findings. If the Contractor disagrees
with the Engineer's findings, the Contractor may request review according to the procedure
specified in 00199.40.
00180.85 Failure to Complete on Time; Liquidated Damages:
(a) Time is of the Essence - Time is of the essence in the Contractor's performance of the
Contract. It is essential and in the public interest that the Contractor prosecute the Work vigorously
to Contract completion and within Contract Time or adjusted Contract Time.
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 - Delays in the Contractor's performance of the Work will cause the
Agency to sustain damages; increase risk to, inconvenience, and interfere with the traveling public
and commerce; and increase costs to taxpayers. Because the Agency finds it is unduly
burdensome and difficult to demonstrate the exact dollar value of such damages, the Contractor
agrees to pay to the Agency, not as a penalty but as liquidated damages, the amount(s) determined
as specified below for each Calendar Day the Work remains incomplete after the expiration of the
Contract Time or adjusted Contract Time applicable to that Work. 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.
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.
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.
The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be
shown in the Special Provisions.
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;
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00180.90 Exhibit A, Page 126 of 174
• Disregards applicable laws and regulations or the Engineer's instructions;
• Refuses or fails to supply enough Materials, Equipment or skilled workers for prosecution of
the Work in compliance with the Contract;
• Fails to make prompt payment to Subcontractors;
• Makes an unauthorized general assignment for the benefit of the Contractor's creditors;
• Has a receiver appointed because of the Contractor's insolvency;
• Is adjudged bankrupt and the court consents to the Contract termination; or
• Otherwise fails or refuses to faithfully perform the Contract according to its terms and
conditions.
If the Contract is terminated by the Agency, upon demand the Contractor and the Contractor's
Surety shall provide the Engineer with immediate and peaceful possession of the Project Site, and
of all Materials and Equipment to be incorporated into the Work, whether located on and off the
Project Site, for which the Contractor received progress payments under 00195.50.
If the Contract is terminated for default, neither the Contractor nor its Surety shall be:
• Relieved of liability for damages or losses suffered by the Agency because of the Contractor's
breach of Contract; or
• Entitled to receive any further progress payments until the Work is completed. However,
progress payments for completed Work that remain due and owing at the time of Contract
termination may be made according to the terms of 00195.50, except that the Engineer will
be entitled to withhold sufficient funds to cover costs incurred by the Agency as a result of the
termination. Final payment to the Contractor will be made according to the provisions of
Section 00195.
If a termination under this provision is determined by a court of competent jurisdiction to be
unjustified, the termination shall be deemed a termination for public convenience.
(b) Substituted Performance - According to the Agency's procedures, and upon the Engineer's
recommendation that sufficient cause exists, the Agency, without prejudice to any of its other rights
or remedies and after giving the Contractor and the Contractor's Surety at least 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 00195.50; 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.
118
Attachment 1, Page 127 of 175
Exhibit A, Page U9 of 174
(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.
The Engineer will provide the Contractor and the Contractor's Surety 7 Calendar Days' written
notice of termination for public convenience. After such notice, the Contractor and the Contractor's
Surety shall provide the Engineer with immediate and peaceful possession of the Project Site, and
of Materials and Equipment to be incorporated into the Work, whether located on and off the Project
Site, for which the Contractor received progress payments under 00195.50.
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).
119
Attachment 1, Page 128 of 175
00190.00 Exhibit A, Page 128 of 174
Section 00190 - Measurement of Pay Quantities
Description
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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Exhibit A, Page UB of 174
If bituminous materials, portland cement, lime, and similar bulk Materials are shipped by truck or
rail, the supplier's shipping invoice with net scale weights, or volumes converted to weights, may
be used for Pay Item quantity determination in place of weights determined on the Contractor -
provided vehicle scales.
Shipping invoice weights of the supplier's truck or transport shall be subject to periodic check
weighing on the Contractor's vehicle scales, or other scales designated, according to 00190.20.
If the check weight is less than the supplier weight by more than 0.4%, the discrepancy will be
resolved by the Engineer.
No payment will be made:
• For quantities in excess of the supplier weight
• When Materials have been lost, wasted, or otherwise not incorporated into the Work
• For additional hauling costs resulting from the check weighing
(e) Volume Basis - Volume will be cubic yard truck measure or in-place measure, gallons, foot
board measure (FBM), or thousand foot board measure (MFBM), unless otherwise specified in the
Contract and will be measured at least to the nearest 0.1 cubic yard, nearest 1.0 gallon, nearest
0.1 FBM, or nearest 0.1 MFBM, as applicable, unless otherwise specified in the Contract.
Truck measure will be the measured and calculated maximum "water level" capacity of the vehicle.
Quantities will be determined at the point of delivery, with no allowance for settlement of Material
during transit. When required to facilitate measurement, the vehicle load shall be leveled at the
point of delivery. Payment will not be made for Material in excess of the maximum "water level"
capacity. Deductions will be made for loads below the maximum "water level" capacity.
When bituminous materials are measured by volume, the volume will be measured at 60 IF or will
be corrected to the volume at 60 IF using the correction factors found in the MFTP (ODOT TM 321).
(f) Time Basis - Time will be hour, Day, or year, unless otherwise specified in the Contract, and
will be measured to at least the nearest 0.5 hour, nearest 1.0 Day, or nearest 1.0 year, as
applicable, unless otherwise specified in the Contract.
(g) Standard Manufactured Items - If standard manufactured items, such as fence, wire, plates,
rolled shapes, pipe, conduit and other similar items are specified in the Contract by properties such
as gauge, unit weight, or section dimensions, the manufacturing tolerances established by the
industry involved will be accepted unless more stringent tolerances are cited in the Contract.
(h) Lump Sum Basis - Lump sum, when used, means the Work described shall be completed
and accepted without measurement unless changes are ordered in writing by the Engineer. If
estimated quantities of the Work to be performed are listed in the Special Provisions, they provide
only a basis for adjusting payment amounts. Estimated quantities are approximate only, and are
made from a reasonable interpretation of the Contract Documents. Computations based on the
details and dimensions shown on the Contract Documents are not guaranteed to equal estimated
quantities.
If the Agency issues no Change Order, the Agency will make no pay adjustment for quantities
based on the Contractor's computations that overrun or underrun the estimated quantities.
If the Agency issues Change Orders for changes in the Work, the Engineer will measure such
changes according to the standards set by 00195.20 to determine adjustment of payment.
121
Attachment 1, Page 130 of 175
00190.20 Exhibit A, Page 130 of 174
00190.20 Contractor to Provide Vehicle Weigh Scales:
(a) General - If the Specifications require measurement by weighing on vehicle weigh scales, the
Contractor shall provide vehicle weigh scales and shall transport Materials to the scales. Subject
to the Engineer's approval, weights may be determined by plant or hopper scales according
to 00190.30.
Contractor -provided scales shall be furnished, installed and maintained by the Contractor or its
supplier, or, subject to the Engineer's approval, may be commercial scales located in the vicinity of
the Project.
Unless otherwise provided in the Contract, Pay Items to be measured by weight shall include all
Contractor costs for providing, maintaining, inspecting, and testing scales; for furnishing
appropriate weigh tickets; for self -printing scales; and for transporting Materials to the scales or to
check weighing.
(b) Requirements - The scales shall conform to ORS Chapter 618, or the laws of the state in
which they are located, and NIST Handbook 44, and shall be:
• Licensed by the Oregon Department of Agriculture, or by the analogous regulatory body for
scales located outside the State;
• Technically suitable for weighing the Materials;
• Properly installed and maintained; and
• Accurate to the required tolerances.
The weight of any Materials weighed by anyone other than the Engineer will be subject to check
weighing as the Engineer directs.
(c) Approaches - Vehicle scale approaches shall be:
• At each end of the scale platform;
• Straight and in line with the platform; and
• Long enough to accommodate combination vehicles longer than the scale platform so that
they are level and allow release of brakes before weighing.
(d) Inspections - Contractor shall have all scales certified, that is inspected and their accuracy
tested, by the Oregon Department of Agriculture, an analogous regulatory body for scales located
outside the State, or a scale service company, as follows:
• Before use if installed at a new site;
• 60 Calendar Days after initial inspection;
• As otherwise required by the Oregon Department of Agriculture, or an analogous regulatory
body for scales located outside the State; and
• When the Engineer directs additional inspections.
No Materials weighed on scales without current certifications according to this Subsection will be
accepted. The Contractor shall provide a copy of all required certifications to the Engineer.
Testing by a scale service company within the State of Oregon shall comply with ORS Chapter 618.
If additional inspections directed by the Engineer confirm that the scale accuracy is within the
required tolerances, the Agency will pay the cost for inspecting and testing the scales. If the scale
122
Attachment 1, Page 131 of 175
Exhibit A, Page U� of 174
accuracy is not within these tolerances, the Contractor shall pay the cost for inspecting and testing
the scales.
(e) Inspection Results - If an inspection indicates the scales have been under -weighing
(indicating less than the true weight), the Agency will make no additional payment to the Contractor
for Materials previously weighed.
If an inspection indicates the scales have been over -weighing (indicating more than the true
weight), the weights will be reduced for Materials received after the time the Engineer determines
the overweighing began or, if that is not possible, after the last acceptable certification of the scales.
The reduction will be the amount of error in excess of the 0.2% maintenance tolerance allowed in
the Contract.
(f) Contractor -Provided Weigh Technician - The Contractor shall provide a technician to
operate Contractor -provided vehicle weigh scales. The Agency may observe procedures and
require check weighing according to the following:
(1) Scale with Automatic Printer- If the scales have an automatic weigh memo printer that
does not require manual entry of gross weight information, the Agency may periodically have a
representative at the scales to observe the weighing procedures. In addition, the Engineer may
periodically check the weight for a load of Materials by directing the haul vehicle to reweigh on
a different scale that has been inspected and certified according to 00190.20(b)
and 00190.20(d).
If a different scale is not available within a 30 -mile round trip from the regular haul route, the
Agency will allow check weighing on an approved alternate basis. Check weights within 0.4%
of the Contractor -provided weight are acceptable.
The Engineer will resolve discrepancies found by check weighing. Agency employee costs will
be paid by the Agency. The Contractor shall pay all other costs resulting from the check
weighings, including, without limitation, the use of other scales.
When 2,000 tons or less of all types of Materials are received from a scale, check weighing will
be at the discretion of the Engineer.
The Contractor shall make at least one check weighing on projects where more than 2,000 Tons
of all types of Materials are received from a scale. If more than 50 Tons per Day of all types of
Materials are received from a scale, the Contractor shall make random check weighings at least
once every ten Days on which more than 50 Tons is received or at each interval that 10,000 Tons
has been weighed, whichever occurs first, or as directed by the Engineer. The check weighing
frequency does not apply to total quantities less than 2,000 Tons of all types of Materials from a
scale. The Contractor shall provide the Engineer with the results of the check weighing.
(2) Scale Without Automatic Printer - If the scales require manual entry of gross weight
information, the Agency may periodically have a representative weigh witness at the scales to
observe the weighing procedures. The Contractor shall inform the Engineer of his intent to use
a scale without an automatic printer at least 3 working days before weighing begins or before
the Contractor changes to a scale that does not have an automatic printer. The Contractor shall
pay costs for the weigh witness. The hourly cost of the weigh witness will be as stated in the
Special Provisions. In addition, the Engineer may periodically check the weight for a load of
Materials by directing the haul vehicle to reweigh on a different scale that has been inspected
and certified according to 00190.20(b) and 00190.20(d).
123
Attachment 1, Page 132 of 175
00190.30 Exhibit A, Page 132 of 174
If a different scale is not available within a 30 -mile round trip from the regular haul route, the
Agency will allow check weighing on an approved alternate basis. Check weights within 0.4%
of the Contractor -provided weight are acceptable.
The Engineer will resolve discrepancies found by check weighing. Agency employee costs for
check weighings will be paid by the Agency. The Contractor shall pay all other costs resulting
from the check weighings, including, without limitation, the use of other scales.
If more than 50 tons per Day of all types of Materials are received from a scale, the Contractor
shall make random check weighings at least every tenth day on which more than 50 tons is
received or at each interval that 10,000 tons has been weighed, whichever occurs first, or as
directed by the Engineer. The Contractor shall make at least one check weighing on all projects
where materials are received from a scale without an automatic printer. The Contractor shall
provide the Engineer with the results of the check weighing.
(3) Duties of Weigh Technician - The Contractor's weigh technician shall:
• Determine twice a Day, or as otherwise directed by the Engineer, the empty haul weights
(tare weights) of hauling vehicles, unless vehicles are tared before each load;
• Furnish daily a listing of the tare weights if 10 or more loads are hauled during that Day;
• Furnish a note listing the net weight for each consecutive ten loads with the following load;
• Furnish a daily listing of the net weights and total weight for each type of Material hauled
during that Day; and
• Furnish a legible, serially numbered weigh memo for each load of Materials to the Agency's
Materials receiver at the point of delivery, or as directed by the Engineer. The memo shall
identify the Project, the Materials, the date, net weight (gross and tare as appropriate), and
identification of the vehicle and weigh technician.
(g) Agency -Provided Weigh Technician - If the Contractor provides vehicle weigh scales without
a weigh technician meeting the requirements of this Subsection, the Agency will provide a weigh
technician at the Contractor's expense. The hourly cost for the weigh technician will be as stated
in the Special Provisions. The Contractor shall provide a weighhouse for the weigh technician as
specified in the Special Provisions. The Agency's weigh technician will:
• Determine tare weights;
• Prepare weigh memos for each load;
• Compile the weigh records; and
• Not participate in the production of Materials or the loading of haul vehicles.
00190.30 Plant Scales -The Contractor, with the Engineer's written approval, may weigh
plant -mixed Materials on scales that have either:
• An automatic weight batching and mixing control printer system; or
• A weigh hopper printer system.
Any additional costs resulting from the use of these scales shall be borne by the Contractor. Check
weighing will be done according to 00190.20(f).
Except for 00190.20(c) regarding approaches, the Contractor's use of plant scales shall comply with
all provisions of 00190.20.
124
Attachment 1, Page 133 of 175
Exhibit A, Page US of 174
The Engineer's approval for the Contractor's use of plant scales to determine pay weights will be
rescinded if check weighing or scale inspections indicate the scales do not consistently determine
weights within the tolerances allowed by state law.
125
Attachment 1, Page 134 of 175
00195.00
Section 00195 - Payment
Description
00195.00 Scope and Limit:
Exhibit A, Page 134 of 174
(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.
Provisions and Requirements
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 certain materials will be in effect
during the life of the Contract.
00195.12 Steel Material Price Escalation/De-Escalation Clause -Subsections 00195.12,
00195.12(a), 00195.12(b), 00195.12(c), and 00195.12(d) contain the price escalation/de-escalation
clause relating to steel materials (as defined in 00195.12(d)) that is included in this Contract. This
exclusive steel material price escalation/de-escalation clause, and the steel escalation/de-escalation
program described in 00195.12 through 00195.12(d), are in effect for the life of this Contract
regardless of the number of steel material Pay Items, if any, that are included, and whether or not the
Contractor elects to participate in the steel escalation/de-escalation program according to
00195.12(d).
(a) Steel Material Price Escalation/De-Escalation Participation - The Contractor may select
individual Pay Items to include in the steel escalation/de-escalation program from those Pay Items
listed for this Project under 00195.12(d) by following the directions provided in 00195.12(d). The
Contractor is not obligated to select any Pay Items. Before or within seven Calendar Days after
the date of the preconstruction conference, the Contractor shall submit in writing to the Project
Manager the Pay Items selected by the Contractor to be included in the steel
escalation/de-escalation program, in the manner required under 00195.12(d). If the Contractor
elects to not participate in the steel escalation/de-escalation program for the Project, no response
from the Contractor is required. If the Contractor fails to inform the Project Manager of Pay Items
to include in the steel escalation/de-escalation program in the manner and within the time limits
stated in 00195.12(d) (or the Contractor otherwise elects not to participate in the program), the
Contractor thereby elects not to participate in the program and forfeits all present and future rights
to participate in the program for this 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 steel material price escalation/de-escalation provision will not limit those
rights. Adjustment for fluctuations in the cost of steel material will apply only to the Pay Items
individually selected by the Contractor from the Pay Items listed under 00195.12(d), and will be
made using the respective steel cost basis (CB) listed.
126
Attachment 1, Page 135 of 175
Exhibit A, Page U9 of 174
(b) Monthly Steel Materials Value (MV) and Base Steel Materials Value (BV) - The Monthly
Steel Materials Value (MV) will be established by the Agency from the IDWPUSISTEEL1 Bureau
of Labor Statistics (BLS), Producer Price Indexes (PPI) using non -seasonally adjusted indexes
only. Preliminary numbers may be referenced on the IDWPUSISTEEL1 BLS PPI for 6 months or
more before IDWPUSISTEEL1 BLS PPI determines they are final numbers.
The Base Steel Materials Value (BV) for this Project will be the MV published on the ODOT
Estimating website (see 00110.05(e)) for the month of the Bid Opening for this Project. The Agency
will only publish values on the ODOT Estimating website for use after the IDWPUSISTEEL1 BLS
PPI establishes the numbers as final numbers. The final values of MV and BV will be available at
the ODOT Estimating website.
The Agency has no control of when the IDWPUSISTEEL1 BLS PPI establishes final values. The
Agency steel material price escalation/de-escalation adjustments made under 00195.12 through
00195.12(d) may not be reflected on payments made to the Contractor for up to 2 months after the
IDWPUSISTEEL1 BLS PPI applicable values become final. This timing for steel material price
escalation/de-escalation adjustments is an agreed term of this Contract and shall not constitute late
payment under ORS 279C.570, nor shall the Agency be responsible to pay interest on any such
steel material price adjustments.
If the Agency -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 MV each month. The MV
will only apply to Pay Items selected by the Contractor and provided in writing to the Project
Manager from the Pay Item list contained under, and in the manner and within the time limits
required by, 00195.12(d). The Agency does not guarantee that steel material will be available at
any stated or implied materials price.
(c) Monthly Steel Materials Price Adjustment - If the Contractor has properly informed the
Project Manager of Pay Items to include in the steel escalation/de-escalation program as required
by 00195.12(a) and 00195.12(d), a price adjustment evaluation will be made for the Pay Items
individually selected. No adjustments will be made using the BV or MV until such time as they are
listed as final values by the IDWPUSISTEEL1 BLS PPI. The price adjustment as calculated in this
provision for a given Pay Item will use the MV for the month the Work associated with that Pay Item
is performed and added to the monthly progress estimate. A price adjustment for that Pay Item will
only be made if the MV for the month the Work associated with the Pay Item is performed and
added to the monthly progress estimate differs by more than 10% from the BV. A price adjustment
will be made, as and when required by 00195.12 through 00195.12(d), only for the Pay Items, if
any, that were selected by the Contractor in the manner and within the time limits required under
00195.12(a) and 00195.12(d).
The Monthly Steel Materials Price Adjustment will be determined as follows
• If the MV is within 10% ± of the BV, there will be no adjustment.
• If the MV is more than 110% of the BV, then:
PA = (((MV -BV) = BV) - 0.10 ) x (CB x PIP)
• If the MV is less than 90% of the BV, then:
PA = (((MV -BV) = BV) + 0.10 ) x (CB x PIP)
Where:
PA = Price Adjustment, dollars
MV = Monthly Steel Materials Value from BLS PPI for the month determined above (after
becomes final)
BV = Base Steel Materials Value from month of the Bid Opening (after becomes final)
PIP = Amount paid for the Pay Item for the month for which the adjustment is made
127
Attachment 1, Page 136 of 175
00195.13 Exhibit A, Page 136 of 174
CB = Cost Basis for the applicable steel material, in percent (see 00195.12(d))
(d) Steel Materials Pay Item Selection - The Agency has a process using estimated quantities
to determine which Pay Items containing steel material qualify for the steel escalation/de-escalation
program by meeting a minimum threshold, and are therefore included in the eligible Pay Items
listed in the Special Provisions.
For purposes of 00195.12 through 00195.12(d), "steel material' means structural and reinforcing
steel, steel studs, sheet piling, guardrail, ductile iron pipe and other steel products used for the
construction, reconstruction or major renovation of a road or Highway.
The Contractor may elect to participate in the steel escalation/de-escalation program for this Project
by marking the list in the Special Provisions, checking each box next to each Pay Item the
Contractor wants included in the program and submitting this information in writing, signed and
dated by the Contractor, to the Project Manager before or within 7 Calendar Days after the date of
the preconstruction conference. The steel material price escalation/de-escalation clause for price
adjustments for fluctuations in the cost of steel material will apply only to the Pay Items selected by
the Contractor, from the Pay Item list included in the Special Provisions, and provided in writing to
the Project Manager in the manner and within the time limits stated above.
If the Contractor fails to inform the Project Manager of Pay Items to include in the steel
escalation/de-escalation program in the manner and within the time limits stated above (or the
Contractor otherwise elects not to participate in the program), the Contractor thereby elects not to
participate in the program and forfeits all present and future rights to participate in the program for
this Contract and this Project.
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)).
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.
(a) Monthly Asphalt Cement Material Price (MACMP) - The Monthly Asphalt Cement Material
Price (MACMP) will be established by ODOT each month and will be based on the published prices
of PG 64-22 asphalt cement for the Portland, Oregon area furnished by Poten & Partners, Inc.. For
information regarding the calculation of the MACMP, and for the actual MACMP, go to the ODOT
Asphalt and Fuel Pricing website. (See 00110.05(e).)
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:
128
Attachment 1, Page 137 of 175
Exhibit A, Page U9 of 174
Adjustment = (MACMP) - (Base) - (5% of Base)
• If the MACMP is less than 95% of the Base, then:
Adjustment = (MACMP) - (Base) + (5% of Base)
(d) Asphalt Cement Price Adjustment — If specified in the Special Provisions, an asphalt cement
escalation/de-escalation clause will be in effect during the life of the Contract. A price adjustment
will be made for each pay item in the bid schedule containing asphalt cement. The price adjustment
as calculated in 00195.13(c) above will use the MACMP for the month the asphalt is incorporated
into the Project. Using the Adjustment calculated in (c), the price adjustment for Asphalt Concrete
incorporated into the project for the applicable month will be determined by the following formula:
Price Adjustment = (Adjustment) x (Asphalt Content (%) x (Tons of Asphalt Concrete Incorporated)
The asphalt content (%) is the asphalt content according to the approved Job Mix Formula (JMF)
for the asphalt concrete placed.
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 or unit cost of the Work to be performed under the Contract, the Agency will
pay for such Work at the Pay Item price.
If the Work involved in the change is measured on a lump sum basis and its character is not
significantly changed, payment for the Changed Work will be determined:
• As described in the applicable Section of the Specifications;
• If not described there, on a theoretical unit price determined by dividing the Contractor's lump
sum price by the estimated quantity of the Pay Item listed in the Special Provisions; or
• If neither of the above apply, the Engineer will make an equitable adjustment.
(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. Adjustments
will exclude any loss of anticipated profits. The parties shall agree upon the basis for payment and
the amount of adjustment prior to the Contractor commencing the Changed Work. If the basis and
amount cannot be agreed upon, the Engineer will make an equitable adjustment, which may
increase or decrease the Contract Amount and Contract Time.
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.
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.
00195.30 Differing Site Conditions -Upon written notification, as required in 00140.40, the
Engineer will investigate the identified conditions. If the Engineer determines that the conditions
materially differ 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.
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Attachment 1, Page 138 of 175
00195.40
Exhibit A, Page 138 of 174
No Contract adjustment which benefits the Contractor will be allowed unless the Contractor has
provided the required written notice. Any such adjustments will be made according to 00195.20.
00195.40 Unreasonable Delay by the Agency - If the Contractor believes that performance of all or
any portion of the Work is suspended, delayed, or interrupted for an unreasonable period of time in
excess of that originally anticipated or customary in the construction industry, due to acts or omissions
of the Agency, or persons acting for the Agency, and that additional compensation, Contract Time, or
both, are due the Contractor because of the suspension, delay or interruption, the Contractor shall
immediately file a written notice of delay according to 00180.60. The Contractor shall then promptly
submit a properly supported request for any additional compensation, Contract Time, or both,
according to the applicable provisions in 00180.60 through 00180.80 and Section 00199.
The Engineer will promptly evaluate a properly submitted request for additional compensation. If the
Engineer determines that the delay was unreasonable, and that the cost required for the Contractor
to perform the Contract has increased as a result of the unreasonable suspension, delay or
interruption, the Engineer will make an equitable adjustment, excluding profit, and modify the Contract
in writing accordingly. The Engineer will notify the Contractor of the determination and whether an
adjustment to the Contract is warranted.
Under this provision, no Contract adjustment will be allowed:
• Unless the Contractor has provided the written notice required by 00180.60;
• For costs incurred more than 10 Calendar Days before the Engineer receives the Contractor's
properly submitted written request;
• For any portion of a delay that the Engineer deems to be a reasonable delay, or for which an
adjustment is provided for or excluded under other terms of the Contract; or
• To the extent that performance would nevertheless have been suspended, delayed or
interrupted by causes other than those described in this Subsection.
00195.50 Progress Payments and Retained Amounts:
(a) Progress Payments - The Agency's payment of progress payments, or determination of
satisfactory completion of Pay Items or Work or release of retainage under 00195.50(d), shall not
be construed as Final Acceptance or approval of any part of the Work, and shall not relieve the
Contractor of responsibility for defective Materials or workmanship or for latent defects and
warranty obligations.
The estimates upon which progress payments are based are not represented to be accurate
estimates. All estimated quantities are subject to correction in the final estimate. If the Contractor
uses these estimates as a basis for making payments to Subcontractors and Suppliers, the
Contractor assumes all risk and bears any losses that result.
(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 5th day of the following month shall be
the cut-off date for the computation of progress payments based on the estimated value of work
completed. Invoices and billings received after the 5th day shall not be processed for payment
until the 5th day of the next month. No interest will be applied to invoices and billings as called
for in ORS 279C.570 as long as they are processed in the billing cycle beginning on the 25th
day of the month next following their delivery to the Agency. 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.
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Attachment 1, Page 139 of 175
Exhibit A, Page UB of 174
The estimated value of the Work completed will then 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:
• The "theoretical unit price", when the Special Provisions contain an estimated number of
units;
• A Contractor -submitted, Engineer -approved Schedule of Values, when there is no
theoretical unit price available; or
• Engineer's determination, when there is neither an available theoretical unit price, nor an
approved, Contractor -submitted Schedule of Values.
The amounts to be allowed for lump sum Pay Items in progress payments will not exceed the
reasonable value of the Work performed, as determined by the Engineer.
Incidentals such as formwork, falsework, shoring, and cribbing shall be included in the unit prices
for the various Pay Items requiring their use, unless specified as a separate Pay Item. No
payment will be made for Pay Items that include Incidentals until units or portions of such Pay
Item Work are in place and completed. The costs of Incidentals will be paid in proportion to the
percentage of Pay Item Work completed.
(2) Value of Materials on Hand - 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.
(The following subsections reflects that ODOT withholds 2.5% retainage if or when ODOT
withholds retainage and the law allows up to a 5% withholding. See the percentages in (b) and
(c) below.)
(b) Retainage - The Agency reserves the right in its sole discretion to not withhold retainage from
progress payments or to begin withholding retainage at any time. If the Agency withholds retainage
from progress payments, 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.
No retainage will be withheld from Work performed as Force Account Work, escalation/de-
escalation, bonuses, or other items decided by the Agency.
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Attachment 1, Page 140 of 175
00195.50 Exhibit A, Page 140 of 174
As provided in 00170.65(b)(3) in addition to any retainage, a withholding 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 - If the Agency withholds retainage, forms of acceptable retainage are
specified below in Subsections (1) through (3). Unless the Contractor requests and the Agency
accepts a form of retainage under Subsections (2) or (3), the Agency will use the "Cash, Alternate
A" in this Subsection. 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.
Except as otherwise provided, the Agency will deposit the cash retainage withheld in an
interest-bearing escrow account as required by ORS 279C.570(2). The Contractor shall execute
such documentation and instructions respecting the interest-bearing escrow account as the
Agency may require to protect its interests, including but not limited to a provision that no funds
may be paid from the account to anyone without the Agency's advance written authorization.
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, unless otherwise
specified in the Contract.
For a contract over $500,000, if the Contractor requests that the Agency deposit the retainage
in an interest-bearing account under ORS 279C.560(5), the Agency will use the "Cash, Alternate
A" in this Subsection. For a contract $500,000 or less, if the Contractor requests that the Agency
deposit the retainage in an interest-bearing account under ORS 279C.560(5), the Agency will
use an interest-bearing account (in a bank, savings bank, trust company, or savings association)
as provided under ORS 279C.560(5).
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, which will
be deposited in an interest-bearing escrow account as described in (1) above. The surety bond
must be in the bond form provided by the Agency. The bond must be provided by the same
Surety that provides the Performance and Payment Bonds.
If the Contractor elects this form of retainage, the Agency will withhold from progress payments
up to 5% of the value of the Work accomplished as cash retainage until the retained amount
equals $10,000. After that amount is retained, no further cash retainage will be withheld until
the additional required retainage that would have been withheld exceeds the face amount of the
retainage surety bond provided. Thereafter, retainage will be withheld from progress payments
according to these Specifications. According to 00195.50(b), if at any time the Agency
determines that satisfactory progress is not being made on the Work, the Agency may withhold
up to 5% of the value of the Work accomplished from subsequent progress payments.
If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors
of the existence of the retainage surety bond and shall advise them of their rights under
ORS 279C.560(7) and ORS 701.435.
Amounts retained and interest earned will be included in the final payment made according to
00195.90, unless otherwise specified in the Contract.
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Attachment 1, Page 141 of 175
Exhibit A, Page 4 of 174
Any retainage withheld on Work performed by a Subcontractor shall be released to the
Contractor according to 00195.50(d).
(3) Bonds, Securities, and Other Instruments - In accordance with ORS 279C.560, unless
the Agency finds in writing that accepting a bond, security or other instrument poses an
extraordinary risk that is not typically associated with the bond, security or other instrument, the
Agency will approve the Contractor's written request to deposit bonds, securities or other
instruments with the Agency or in a custodial account or other account satisfactory to the Agency
with an approved bank or trust company, to be held instead of cash retainage for the benefit of
the Agency. In such event, the Agency will reduce the cash retainage by an amount equal to
the value of the bonds, securities and other instruments. Interest or earnings on the bonds,
securities and other instruments shall accrue to the Contractor.
Bonds, securities and other instruments deposited instead of cash retainage shall be assigned
to or made payable to the Agency and shall be of a kind approved by the Director of the Oregon
Department of Administrative Services, including, but not limited to:
• Bills, certificates, notes or bonds of the United States;
• Other obligations of the United States or agencies of the United States;
• Obligations of a corporation wholly owned by the federal government;
• Indebtedness of the Federal National Mortgage Association;
• General obligation bonds of the State of Oregon or a political subdivision of the State of
Oregon;
• Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008.
The Contractor shall execute and provide such documentation and instructions respecting the
bonds, securities and other instruments as the Agency may require to protect its interests. When
the Engineer determines that all requirements for the protection of the Agency's interest have
been fulfilled, the bonds and securities deposited instead of cash retainage will be released to
the Contractor.
(d) Reduction of Retainage - As the Work progresses, the amounts to be retained under (b) of
this Subsection are subject to reduction in the Engineer's sole discretion. Retainage reductions
will be considered only as follows:
• When the Work is 97.5% or more completed, the Engineer may, without application by the
Contractor, reduce the retained amount to 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
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Attachment 1, Page 142 of 175
00195.60 Exhibit A, Page 142 of 174
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).
A determination of satisfactory completion of Pay Items or Work or release of retainage shall not
be construed as acceptance or approval of the Work and shall not relieve the Contractor of
responsibility for defective Materials or workmanship or for latent defects and warranty obligations.
The Contractor shall comply with all applicable legal requirements for withholding and releasing
retainage and for prompt payments, including but not limited to those in ORS Chapters 279C and
701, and 49 CFR 26.29.
(e) Withholding Payments - In addition to any other rights the Agency may have to withhold
payments under other provisions on 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 and directives issued by the Engineer under or pursuant to the
Contract;
• Corrected or cured its failure to comply with the Contract; and
• Satisfied all legal actions filed against the Agency, the Agency's governing body and its
members, and Agency employees that the Contractor is obliged to defend. (See 00170.72.)
Notwithstanding ORS 279C.555 or ORS 279C.570 or 00195.50(d), if a Contractor is required to file
statements on the prevailing rate of wages, but fails to do so, the Agency will withhold 25% of any
amount earned as required in 00170.65.
(f) Prompt Payment Policy - Payments shall be made promptly according to ORS 279C.570,
ORS 279C.580 and other applicable legal requirements.
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:
• At the Project Site;
• On Agency -owned property;
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Attachment 1, Page 143 of 175
Exhibit A, Page US of 174
• 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 allowed by the Special Provisions
or 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 permanent 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 within 30 Calendar Days of 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.
(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
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00195.80 Exhibit A, Page 144 of 174
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 completed Work").
If the cost of the completed 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 including without limitation, expense
for additional managerial and administrative services, exceeds the cost of the completed Work less
the sum of all amounts previously paid to the Contractor, the Contractor or the Contractor's Surety
shall pay to the Agency the amount of the excess expense.
The Engineer will determine the expense incurred by the Agency and the total amount of Agency
damage resulting from the Contractor's default. That determination will be final as provided
in 00150.00.
If a termination for default is determined by a court of competent jurisdiction to be unjustified, it
shall be deemed a termination for public convenience, and payment to the Contractor will be made
as provided in Subsection (b) below.
(b) Termination for Public Convenience:
(1) General - Full or partial termination of the Contract shall not relieve the Contractor of
responsibility for completed or performed Work, or relieve the Contractor's Surety of the
obligation for any just claims arising from the completed or performed Work.
(2) Mobilization - If mobilization is not a separate Pay Item, and payment is not otherwise
provided for under the Contract, the Agency may pay the Contractor for mobilization expenses,
including moving Equipment to and from the Project Site. If allowed, payment of mobilization
expenses will be based on cost documentation submitted by the Contractor to the Engineer.
(3) All Other Work - The Agency will 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 Lefton Hand:
(a) Purchase of Unused Materials - If Materials are delivered to the Project Site, or otherwise
acceptably stored at the order of the Engineer, but not incorporated into the Work due to complete
or partial elimination of Pay Items, changes in Plans, or termination of the Contract for public
convenience according to 00180.90, and it is not commercially feasible for the Contractor to return
them for credit or otherwise dispose of them on the open market; the Agency will purchase them
according to the formula and conditions specified in Subsection (b) below.
(b) Purchase Formula and Conditions:
136
Attachment 1, Page 145 of 175
Exhibit A, Page M of 174
(1) Formula -The Agency will apply the following formula in determining the Contractor's
allowance for Materials left on hand:
Contractor's Actual Cost, plus 5% Overhead Allowance, minus Advance Allowances under
00195.60, but no markup or profit.
(2) Conditions - The Agency will not purchase the Contractor's Materials left on hand unless
the Contractor satisfies the following conditions:
• Requests the Agency's purchase of unused Materials;
• Shows acquisition of the Materials according to 00160.10;
• Shows that the Materials were acquired prior to the Agency change or termination;
• 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 the Engineer's issuance of 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.
00195.95 Error in Final Quantities and Amounts:
137
Attachment 1, Page 146 of 175
00195.95
Exhibit A, Page 146 of 174
(a) Request for Correction of Compensation - If the Contractor believes the quantities and
amounts detailed in the final Contract payment voucher, prepared by the Engineer according
to 00195.90, to be incorrect, the Contractor shall submit an itemized statement to the Engineer
detailing all proposed corrections.
This statement must be submitted to the Engineer within 90 Calendar Days from the date the
voucher was mailed to the Contractor, according to 00195.90(b). Any request for compensation
not submitted and supported by an itemized statement within the 90 Calendar Day period will not
be paid by the Agency. This does not limit the application of Section 00199.
(b) Acceptance or Rejection of Request:
(1) Consideration of Request - The Engineer will consider and investigate the Contractor's
request for correction of compensation submitted according to 00195.95(a), and will promptly
advise the Contractor of acceptance or rejection of the request in full or in part.
(2) Acceptance of Request - If the Engineer accepts the Contractor's request(s) in full or in
part, the Engineer will prepare a post -final Contract payment voucher, including all accepted
corrections, and will forward it to the Contractor.
(3) Rejection of Request - If the Engineer rejects the request(s) in full, the Engineer will issue
a written notice of rejection and mail it to the Contractor.
(4) Contractor Objection to Revised Voucher or Notice of Rejection - If the Contractor
disagrees with the revised voucher or notice of rejection, the Contractor may seek review and
resolution according to the procedures specified in 00199.40, beginning at the City Engineer
review level. 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.
138
Attachment 1, Page 147 of 175
Exhibit A, Page M of 174
Section 00196 - Payment for Extra Work
Description
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.
Provisions and Requirements
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 an Extra 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.
139
Attachment 1, Page 148 of 175
00197.00 Exhibit A, Page 148 of 174
Section 00197 - Payment for Force Account Work
Force Account Work
00197.00 Scope -The Materials, Equipment and labor rates and procedures established in this
Section apply to Extra Work ordered by the Engineer to be performed as Force Account Work. With
the exceptions identified in 00197.01(b), these rates and procedures also apply to other Work when
according to other Sections this Section 00197 applies, including, without limitation, the following:
• 00140.70 - Cost Reduction Proposals
• 00195.20 -Changes to Plans or Character of Work
•
00195.30- Differing Site Conditions
• 00199.30(b) -Claims Requirements
00197.01 General:
(a) Extra Work on a Force Account Basis - Before ordering Force Account Work, the Engineer
will discuss the proposed work with the Contractor, and will seek the Contractor's comments and
advice concerning the formulation of Force Account Work specifications. The Engineer is not
bound by the Contractor's comments and advice, and has final authority to:
• Determine and direct the Materials, Equipment and labor to be used on the approved Force
Account Work; and
• Determine the time of the Contractor's performance of the ordered Force Account Work.
If the Engineer orders the performance of Extra Work as Force Account Work, the Engineer will
record, on a daily basis, the Materials, Equipment, labor, and Special Services 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, labor, and Special Services 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 that 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;
• Special Services; and
• The Engineer's and Contractor's signatures confirming its accuracy.
(b) Other Work - When according to other Sections this Section 00197 applies, the following
exceptions apply to the Work under those other Sections, except for Extra Work ordered by the
Engineer to be performed as Force Account Work.
• 00197.01(a) does not apply.
• Cost Efficiency - The Agency will not be responsible for additional costs that are a direct or
indirect result of the Contractor's inefficient means and methods or that reasonably could have
been avoided if the Materials, Equipment, labor or services had been obtained at a more
commercially reasonable cost.
140
Attachment 1, Page 149 of 175
Exhibit A, Page M of 174
Standby Time - Equipment that is necessary for the Work but is not being operated to
progress the Work will be considered to be on standby and will be limited to the standby rates
and hour limitations in 00197.20(e). Equipment costs will be limited to a combination of
operating time and standby time of not more than 8 hours in a 24 hour period or 40 hours in
a 1 week period. The Equipment must be onsite and available for use to be eligible for
standby time.
For a period of 7 or fewer Calendar Days: If a continuous period of standby time for a piece
of Equipment does not exceed 7 Calendar Days, the accumulated standby cost for that
continuous period of standby time shall be limited to the standby rates and hour limitations
in 00197.20(e).
For a period of more than 7 Calendar Days: Unless the Engineer has otherwise agreed in
advance in writing, if a continuous period of standby time for a piece of Equipment
exceeds 7 Calendar Days, the accumulated standby cost shall be limited to:
• For the first 7 Calendar Days, the standby rates and hour limitations in 00197.20(e), and
• For the portion of the continuous period of standby time after the first 7 Calendar Days, the
lesser of:
• The standby rates and hour limitations in 00197.20(e); or
• The cost for moving that piece of Equipment to and from the Project Site according
to 00197.20(d).
00197.10 Materials:
(a) General - The Contractor will be paid for Materials actually used in the Force Account Work as
directed by the Engineer, except for those furnished and paid for under rental rates included with
the use of Equipment. Payments will be at actual cost, including transportation costs to the
specified location, from the supplier to the purchaser, whether the purchaser is the Contractor, a
Subcontractor, or other forces. All costs are subject to the provisions of this Subsection.
(b) Trade Discount - If a commercial trade discount is offered or available to the purchaser, it shall
be credited to the Agency, even though the discount may not have actually been taken. The
Agency will not take any discounts for prompt or early payment, whether or not offered or taken.
(c) Not Directly Purchased From Supplier - If Materials cannot be obtained by direct purchase
from and direct billing by the supplier, the cost shall be considered to be the price billed to the
purchaser less commercial trade discounts, as determined by the Engineer, but not more than the
purchaser paid for the Materials. No markup other than actual handling costs will be permitted.
(d) Purchaser -Owned Source - If Materials are obtained from a supply or source wholly or partly
owned by the purchaser, the cost shall not exceed the price paid by the purchaser for similar
Materials furnished from that source on Pay Items, or the current wholesale price for the Materials
delivered to the Project Site, whichever is lower.
00197.20 Equipment:
(a) General - Equipment approved by the Engineer to perform the Force Account Work will be
eligible for payment at the established rates only during the hours it is operated or on standby if so
ordered by the Engineer. Equipment hours will be recorded on the daily record to the nearest
quarter hour.
Except as modified by these provisions, Equipment use approved by the Engineer will be paid at
the rental rates given in the most current edition of the EquipmentWatch Cost Recovery (Blue Book)
141
Attachment 1, Page 150 of 175
00197.20 Exhibit A, Page 150 of 174
published by EquipmentWatch, a division of Penton Business Media, Inc., and available from
EquipmentWatch (phone 1-800-669-3282) (see 00110.05(e) for website).
(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:
Hourly Rate — Monthly Base Rate x Rate Adjustment Factor + Hourly Operating Rate
176 hours/month
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 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.
142
Attachment 1, Page 151 of 175
00197.
Exhibit A, Page 1 of 174
(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.
(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.
If the invoice specifies that rental rate does not include fuel, lubricants, field repairs, and servicing,
an amount equal to the Blue Book hourly operating cost may be added for those items that were
excluded.
The Agency may reduce the payment when the invoice amount plus allowance is higher than the
amount authorized under (c) through (f) of this Subsection.
The provisions of 00180.20(c) apply to owner -operated Equipment.
00197.30 Labor - The Contractor will be paid for all labor engaged directly on Force Account Work,
including Equipment operators and supervisors in direct charge of the specific force account
operations, as follows:
(a) Wages - The actual wages paid to laborers and supervisors, if those wages are paid at rates
not more than those for comparable labor currently employed on the Project, or at the recognized,
current, prevailing rates in the locality of the Project.
(b) Required Contributions - The actual cost of industrial accident insurance, unemployment
compensation contributions, payroll transit district taxes, and social security for old age assistance
contributions incurred or required under statutory law and these Specifications. The actual cost of
industrial accident insurance is the National Council on Compensation Insurance (NCCI) rate for
the assigned risk pool for the appropriate work class multiplied by the experience modification factor
for the Contractor.
(c) Required Benefits - The actual amount paid to, or on behalf of, workers as per diem and travel
allowances, health and welfare benefits, pension fund benefits, or other benefits when such other
benefits are required by a collective bargaining agreement or other employment contract generally
applicable to the classes of labor employed on the Project.
00197.40 Invoices for Special Services - Invoices for Special Services that reflect current market
pricing may be accepted without complete itemization of Materials, Equipment, and labor costs, if the
itemization is impractical or not customary. The invoice for Special Services shall show credit for
commercial trade discounts offered or available.
No percentage markup will be allowed other than that specified in 00197.80.
143
Attachment 1, Page 152 of 175
00197.80 Exhibit A, Page 152 of 174
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
00197.40 Special Services 17
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 overhead,
general and administrative expense, profit, and all other Force Account Work costs that were incurred
by the Contractor, or by other forces that the Contractor furnished. No other reimbursement,
compensation, or payment will be made.
00197.90 Billings - Billings for Force Account Work by the Contractor shall be submitted for the
Engineer's approval on forms provided by the Agency or approved by the Engineer. Billings for
Materials (other than Incidental items out of the inventory of the Contractor or Subcontractors), rental
Equipment from sources other than the Contractor or Subcontractors, and Special Services, shall be
accompanied by copies of invoices for the goods and services. The invoices shall be fully itemized
showing dates, quantities, unit prices, and complete descriptions of goods and services provided.
Invoices for amounts of $10 or less per invoice are not required, unless requested by the Engineer.
Costs included on the billings shall comply with 00197.01(a) and 00197.10 through 00197.40.
When a billing for Force Account Work has been paid at the Project level, no further corrections will
be made because of further review if those corrections amount to less than $10.
144
Attachment 1, Page 153 of 175
Exhibit A, Page 153 of 174
Section 00199 - Disagreements, Protests, and Claims
(For Federal Funded projects the FHWA Contract Administration Core Curriculum Manual
indicates that alternative dispute resolution is a State option (see Section 10U) of the 2014
version).
ODOT recommends that each Certified LPA have a manageable and effective multi -step
process for addressing disagreements, disputes and claims. The following Section 00199 is a
recommended process. Each Certified LPA, in consultation with its own legal counsel, should
accept Section 00199 or modify it as needed to reflect the process and procedures the LPA
deems appropriate for that Certified LPA (subject to review by ODOT).
Each Certified LPA should also consider whether any changes are needed for Sections
00180.80 and 00195.95, which reference 00199.
Each Certified LPA must also determine if it will include Section 00199.60, or include it with
modifications, regarding the process for and appeals of Certified LPA records requests when
the Contractor fails to provide the requested records. If included, changes to the Agency
decision maker(s) may be necessary.)
Description
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.
Provisions and Requirements
00199.10 Procedure for Resolving Disagreements -When disagreements occur concerning
additional compensation or a combination of additional compensation and Contract Time, the
Contractor shall first pursue resolution through the Engineer of all issues in the dispute, including,
without limitation, the items to be included in the written notice in 00199.20. If the discussion fails to
provide satisfactory resolution of the disagreement, the Contractor shall follow the protest procedures
outlined in 00199.20. If the Engineer denies all or part of the Contractor's protest, and the Contractor
desires to further pursue the issues, the Contractor shall submit a claim for processing according
to 00199.30.
00199.15 Inappropriate Protest or Claim - It shall be presumed that the Contractor submits a
protest or claim for additional compensation in good faith, based upon facts which reasonably support
the Contractor's position and with full knowledge and understanding of the injury done to the Agency
when notice of differing Project Site conditions or claims for additional compensation are not submitted
in a timely manner as required under the Contract. Accordingly, the submission of a protest or claim
without the concurrent submission of evidence that reasonably supports the protest or claim, or the
submission of a protest or claim in an untimely manner will constitute a waiver of the protest or claim.
00199.20 Protest Procedure - If 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:
Attachment 1, Page 154 of 175
Exhibit A, Page 154 of 174
(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 Notice - File a proper written notice of protest on ODOT form 734-2887, or written
notice with the equivalent information 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, 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) that support the protest;
• Include the estimated dollar cost, if any, of the protested Work, and furnish a list of estimated
Materials, Equipment and labor for which the Contractor might request additional
compensation; and
• If additional compensation is estimated to be due, include the estimated amount of additional
time required, if any.
Failure to comply with these notice requirements 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.
(c) 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)
business 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.
(d) 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.
(e) 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.
(f) 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.
(g) Work to Proceed - In spite of any protest, proceed promptly with the Work ordered by the
Engineer.
(h) Evaluation of Protest - The Engineer will promptly evaluate all protests, after the Contractor
has fully complied with the requirements described in 00199.20(b). 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
Attachment 1, Page 155 of 175
Exhibit A, Page 155 of 174
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.
(i) 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.
If the Contractor does not accept the Engineer's evaluation of the protest, or either the Contractor
or Engineer disagrees with the resolution recommended by the Third Party Neutral, the Contractor
may pursue a claim as described in 00199.30.
00199.30 Claims Procedure:
(a) General - If the Contractor believes that additional compensation is due, or a combination of
additional compensation and Contract Time, and has pursued and exhausted all the procedures
provided in 00199.10 and 00199.20 to resolve a disagreement and protest, the Contractor may file
a claim.
The Agency's Contract is with the Contractor. There is no contractual relationship between the
Agency and any Subcontractors, Suppliers or any Entity other than the Contractor. It is the
Contractor's responsibility to fully evaluate any claim before presenting it to the Agency. In addition,
when a claim includes Work done or costs incurred by any Subcontractors, Suppliers, or any Entity
other than the Contractor, the Contractor remains solely responsible for presenting the claim to the
Agency.
Claims that include Work done or costs incurred by any 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 according to 00199.30(b) (Part 10).
(If the Certified LPA modifies the 45 days below then all three Subsections 00150.91.
00180.80(c) and 00199.30(b) should be made consistent.)
(b) Claims Requirements - At any time during the progress of the Work, but not later than
45 Calendar Days following the date of the Second Notification, the Contractor shall submit to the
Engineer in writing, claims for additional compensation or a combination of additional compensation
and Contract Time additional to that specified in the Contract. For a claim not submitted within the
45 -day limit, that has not met the requirements of 00199.20, or is not filed as provided in 00199.30,
the Contractor waives any claim for additional compensation or for additional compensation and
Contract Time, and the Agency may reject the claim.
Written claims to the Engineer or the Agency by the Contractor shall be delivered to the Agency
address shown in the Special Provisions, unless a different address is agreed to by the Engineer,
and shall be delivered:
Attachment 1, Page 156 of 175
Exhibit A, Page 156 of 174
• By U.S. Postal Service first class mail or priority mail (which at the sender's option may include
certified or registered mail return receipt requested); or
• By overnight delivery service of a private industry courier.
Claims will be considered as having been received by the Agency:
• At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited
for delivery by first class or priority mail, whichever is earlier; or
• At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier
for overnight delivery service, whichever is earlier.
The Agency reserves the right at any time and at any step in the claim decision or review process
to request additional information, records or documentation related to the claim or the Contract
either directly or through agents working toward resolution of the disputed or claimed events and
issues.
Claims shall be made in writing, and shall include all information, records and documentation
necessary for the Agency to properly and completely evaluate the claim.
To be considered, claims for additional compensation, or for additional compensation and Contract
Time, shall be completed according to 00199.30 and shall be submitted with the required
information and in the format below and labeled as required below for each claimed issue:
(Part 1) Summary (label page 1.1 through page 1.X) -In the summary, include a detailed,
factual statement of the claim for additional compensation and Contract Time, if any, with
necessary dates and locations of Work involved in the claim and the dates of when the event
arose. Also include detailed facts supporting the Contractor's position relative to the Engineer's
decision (see 00199.20(f));
(Part 2) Proof of notice (label page 2.1 through page 2.X) - Submit a copy of form ODOT
734-2887, or written notice with equivalent information 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.
Attachment 1, Page 157 of 175
Exhibit A, Page 157 of 174
Also see 00180.80 for additional requirements regarding claims for Contract Time and causes
that are eligible and ineligible for consideration;
(Part 7) Copies of actual expense records (label page 7.1 through page 7.X) - Include
documents that contain the detailed records and which support and total to the exact amount of
additional compensation sought. Include the information and calculations necessary to support
that amount. That amount may be calculated on the basis of Section 00197, if applicable, or
may be calculated using direct and indirect costs presented in the following categories:
Direct Materials;
• Direct Equipment. The rate claimed for each piece of Equipment shall not exceed the
actual cost. In the absence of actual Equipment costs, the Equipment rates shall not
exceed 75 percent of those calculated under the provisions of 00197.20. For each piece
of Equipment, the Contractor shall include a detailed description of the Equipment and
attachments, specific days and dates of use or standby, and specific hours of use or
standby;
• Direct labor;
• Job overhead;
• General and administrative overhead; and
• Other categories as specified by the Contractor or the Agency;
(Part 8) Supporting records and documents (label page 8.1 through page 8.X) - Include copies
of, or excerpts from the following:
• Any documents that support the claim, such as manuals standard to the industry and used
by the Contractor; and
• 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 perjury or falsification, the undersigned, (Name), (Title), (Company)
certifies that this claim for additional compensation for Work on the Contract is a true
statement of the actual costs incurred (in the amount of $ , exclusive of interest)
and is fully documented and supported under the Contract between the parties.
Signature:
Date: 20
Subscribed and sworn before me this day of 20
Notary Public
My commission expires
(Part 10) Contractor evaluation of a lower -tier claim (label page 10.1 through 10.X) - If the claim
includes Work done or costs incurred by any Subcontractors, Suppliers, or any Entity other than
the Contractor, the following are required:
Attachment 1, Page 158 of 175
Exhibit A, Page 158 of 174
Data required by the other Subsections of 00199.30(b);
• Copies of the Contractor's, Subcontractor's, Supplier's and Entity's, at all tiers above the
level of which the claim originates, separate evaluation of entitlement;
• Copies of the Contractor's, Subcontractor's, Supplier's and Entity's, at all tiers above the
level of which the claim originates, independent verification and evaluation of the amount
of damages sought; and
• A person authorized to execute Change Orders on behalf of the Contractor, Subcontractor,
Supplier and Entity, at all tiers above the level of which the claim originates, must sign a
statement with the following certification:
Under penalty of law for perjury or falsification, the undersigned,
(Name) (Title), (Company) certifies that this claim originating from the
Subcontractor, Supplier or Entity1Company) for additional compensation for Work
on the Contract is a reasonable statement, independently verified, of the costs
incurred (in the amount of $ , exclusive of interest) and is fully documented
and supported under the Contract between the parties.
Signature:
Date:
20
Subscribed and sworn before me this day of 20
Notary Public
My commission expires
If the Engineer determines that additional information, records or documentation is needed to allow
proper evaluation of the claim submittal, the Engineer will request the information, records or
documentation. The Contractor shall submit to the Engineer within 14 Calendar Days, or as
otherwise agreed by the parties, the required additional information, records and documentation.
If the Engineer determines that the claim submittal with the additional information, records and
documentation submitted is incomplete and not accepted as a claim, the Engineer will notify the
Contractor in writing and the submittal will be rejected and will not be considered under 00199.40.
(c) Records Requirements -The Contractor shall comply with 00170.07.
(d) Compliance Required - Full compliance by the Contractor with the provisions of this Section
is a condition precedent to the commencement of any lawsuit by the Contractor to enforce any
claim.
00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies - The Agency
intends to resolve all claims at the lowest possible administrative level. The Engineer will also
determine whether multiple claims should be advanced separately or together.
If the Engineer denies the claim for additional compensation or a combination of additional
compensation and Contract Time, in full or in part, according to 00199.40(a), the Contractor may
request review of the denial. The disputed claim for additional compensation or a combination of
additional compensation and Contract Time may then be resolved, in full or in part, at any of the two
progressive steps of claim review procedure as specified in (b) through (c) of this Subsection.
Attachment 1, Page 159 of 175
Exhibit A, Page 159 of 174
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 any of the two progressive steps of claim
review procedure as specified in (b) through (c) of this Subsection.
A person authorized by the Contractor to execute Change Orders on behalf of the Contractor must be
present and attend all claim hearings. For all claims, all of the actions and review under each step of
the review process shall occur before the review can be advanced to the next higher step.
If, at any step in the claim decision or review process, the Contractor fails to promptly submit requested
information or documentation that the Agency deems necessary to analyze the claim, the Contractor
is deemed to have waived its right to further review, and the claim will not be considered properly filed
and preserved.
(a) Decision by the Engineer - The Engineer will, as soon as practicable, consider, investigate,
and evaluate a Contractor's claim for additional compensation, or for a combination of additional
compensation and Contract Time, if submitted as required by 00199.30.
Once the Engineer determines the Agency is in receipt of a properly submitted claim, the Engineer
will arrange a meeting, within 21 Calendar Days or as otherwise agreed by the parties, with the
Contractor in order to present the claim for formal review and discussion.
If the Engineer determines that the Contractor must furnish additional information, records or
documentation to allow proper evaluation of the claim, the Engineer will schedule a second
meeting, to be held within 14 Calendar Days or as otherwise agreed by the parties, at which the
Contractor shall present the requested information, records and documentation.
The Engineer will provide a written decision to the Contractor within 30 Calendar Days of the last
Engineer -level meeting.
If the Contractor does not accept the Engineer's decision, the Contractor may, within 10 Calendar
Days of receipt of the written decision, request in writing that the Engineer arrange a review at
Step 1 (see (b) below).
(Modify Public Works Director Title as needed in the following subsection)
(b) Step 1: City Engineer - The Contractor shall request that the Engineer arrange a meeting
with the City Engineer or the City Engineer's designee, as determined by the City Engineer, 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 City Engineer (or designee) determines that the Contractor must furnish additional
information, records or documentation to allow proper evaluation of the claim, the City Engineer (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 City Engineer (or designee) will provide a written decision to the Contractor within 30 Calendar
Days of the last meeting.
If the Contractor does not accept the Step 1 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 2
(see (c) below).
Attachment 1, Page 160 of 175
Exhibit A, Page 160 of 174
(The LPA will need to consult with counsel and the LPA management to determine if Step 2, or
Step 3 are appropriate. Modify as needed, including references to the following subsections,
and submit to ODOT.)
(Modify Agency Director Title as needed in the following subsection)
(c) Step 2: Assistant City Manager (Director) Level Review - The Contractor shall request a
meeting with the Assistant City Manager (Director) to present the claim for final Agency review.
The presentation will take place within 21 Calendar Days of the Agency's receipt of the Contractor's
written request, or as otherwise agreed by the parties.
If the Director determines that the Contractor must furnish additional information, records or
documentation to allow proper evaluation of the claim, the Director 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 claim is subject to 00199.60, if not all of the records requested by the Director (or designee)
were furnished.
The Director will provide a written decision to the Contractor, subject to 00199.60, if applicable,
regarding the claim within 30 Calendar Days of the final Step 2 meeting.
If the Contractor does not accept the Step 2 decision, the Contractor may, within 10 Calendar Days
of receipt of the written decision, request in writing through the Engineer that the claim be advanced
to Step 3 (see (e) below), as applicable. For purposes of determining which process to use for
claims under Step 3 concerning a combination of additional compensation and Contract Time or
for Contract Time only, the value of the claim or portion of the claim for Contract Time will be
assumed to be the appropriate Liquidated Damages given in 00180.85 of the Special Provisions
multiplied by the number of Calendar Days in question. 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.
(d) Reserved
(e) Step 3: Litigation - This step applies to:
Claims over $500,000; and
Agency decisions issued under Step 2 at 00199.40(c) above
The Contractor must follow each step in order, and exhaust all available administrative remedies
before resorting to litigation. Litigation of a claim that cannot be resolved in Step 2 shall be initiated
by filing a complaint in the Circuit Court for the State of Oregon in Lane County within 6 months
from the date of the final decision that exhausted the Contractor's available administrative remedies
under this Section 00199.
The Contractor shall comply with 00170.00.
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.
(f) Payment of Costs, Expenses and Attorney's Fees — Each party shall bear its own costs,
expenses, and attorney's fees incurred during each step of the claims procedure. However, a party
shall be entitled to recover costs and disbursements and prevailing party fee if awarded by a court
after litigation pursuant to ORS Chapter 20.
Attachment 1, Page 161 of 175
Exhibit A, Page 161 of 174
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).
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
Attachment 1, Page 162 of 175
Exhibit A, Page 162 of 174
instance. If the Public Works Director (or designee) makes this determination, then the claim or
portions of the claim will not be waived or dismissed under this provision.
The Public Works Director's (or designee) findings will be submitted to the Contractor. The Public
Works Director's (or designee) findings are the Agency's final determination.
If the Agency's final determination is that the records are material and necessary for proper evaluation
of part or all of the claim, then the claim or that portion of the claim for which the records are material
and necessary is waived and irrevocably dismissed, unless the Contractor provides the records, or
access to the records, to the Agency within 5 Calendar Days of the Agency's final determination. If
the Contractor provides the records, or access to the records, within this time limit, the Agency will
schedule a meeting with the Contractor within 14 Calendar Days or as otherwise agreed by the
parties, to discuss the records.
The Agency's final determination that records are material and necessary for proper evaluation of part
or all of the claim, and the Agency's final determination of the portions of the claim for which the
records are material and necessary, shall be final and binding.
If the entire claim is waived and irrevocably dismissed pursuant to the Agency's final determination
there will be no further decision by the Agency on the claim or further review of the claim
under 00199.40 and the claim will not be eligible for mediation under 00199.50. If only portions of
the claim are waived and irrevocably dismissed pursuant to the Agency's final determination, the
Agency will provide a written decision to the Contractor regarding the remaining portions of the claim
within 30 Calendar Days of the final Step 2 meeting, or the Agency's final determination regarding
the records, whichever is later. There will be no further decision by the Agency on or further review
under 00199.40 of the portions of the claim waived and irrevocably dismissed pursuant to Agency's
final determination and those portions will not be eligible for mediation under 00199.50.
Attachment 1, Page 163 of 175
Exhibit A, Page 163 of 174
Blank Page
Attachment 1, Page 164 of 175
Exhibit A, Page 164 of 174
INDEX
A
Abbreviations......................................................................................................................................
3
Acceptability of materials and work..................................................................................................
37
Acceptance, final..............................................................................................................................
46
Accessto the work.............................................................................................................
37, 68, 116
Adjustmentof contract time............................................................................................................
117
Agency -furnished materials..............................................................................................................50
21
Agency -furnished sources................................................................................................................50
22
Allowances
18
advance for materials on hand....................................................................................................
135
formaterials left on hand............................................................................................................
137
Altered quantities, compensation...................................................................................................
140
Alternative materials, equipment, and methods..............................................................................
104
Approval of
23
source of supply and material.......................................................................................................
47
workingdrawings..........................................................................................................................39
14
Assignment of anti-trust rights..........................................................................................................
70
Assignment/delegation of contract...................................................................................................
97
Authority
145
inspector.......................................................................................................................................
34
ofthe Engineer.............................................................................................................................
34
ProjectManager...........................................................................................................................
34
Authorized representative.................................................................................................................
34
Award and execution of contract........................................................................................................
2
B
Beginning and end of contract time........................................................................................
114, 115
Bid
booklet..........................................................................................................................................
15
consideration................................................................................................................................
25
irregular.........................................................................................................................................
22
morethan one...............................................................................................................................
21
openingand comparing................................................................................................................
22
preparation....................................................................................................................................
18
rejection..................................................................................................................................
22,24
revision or withdrawal...................................................................................................................
21
submittal.......................................................................................................................................
20
Bidder
disqualificationof..........................................................................................................................
23
prequalificationof..........................................................................................................................
14
Bidding requirement and procedures...............................................................................................
14
Bidding schedule, interpretation of quantities in...............................................................................
17
Bills
forceaccount..............................................................................................................................
145
paymentby Contractor..................................................................................................................
77
Bonds
execution of contract and..............................................................................................................
28
performance and payment............................................................................................................
27
Buy America requirements...............................................................................................................
49
BuyOregon......................................................................................................................................
49
INDEX - 0
Attachment 1, Page 165 of 175
Exhibit A, Page 165 of 174
C
Calendar day calculation................................................................................................................
114
Cancellationof award.......................................................................................................................
26
Certificate
originof steel material...................................................................................................................
56
qualitycompliance........................................................................................................................
55
testresults....................................................................................................................................
55
Certified Payroll....................................................................................................................
71, 81, 82
Changes in the work, Agency required.............................................................................................
30
Changes to plans or character of work...........................................................................................
130
Claimsprocedure...........................................................................................................................
147
Claims, disagreements, and protests.............................................................................................
146
Cleanup, final trimming and..............................................................................................................
33
Clear zone
definition.........................................................................................................................................
7
Commencement and performance of work.....................................................................................
114
Compensation for changes to plans or character of work...............................................................
130
Completion of work and liquidated damages..................................................................................
119
Compliance certificate, quality..........................................................................................................
55
Conflictof interest.............................................................................................................................
90
Conformity with plans and specifications..........................................................................................
39
Construction stakes, lines, and grades.............................................................................................
36
Construction surveying and layout...................................................................................................
36
Contract
assignment/delegation of..............................................................................................................97
awardof........................................................................................................................................
25
bonds, certificates, and registrations............................................................................................
27
booklet..........................................................................................................................................
26
cancellationof award....................................................................................................................
26
commencementof work................................................................................................................
29
completiontime...........................................................................................................................
114
executionof..................................................................................................................................
28
failureto execute..........................................................................................................................
28
noticeto proceed..........................................................................................................................
29
purposeof.....................................................................................................................................
30
responsibilityfor............................................................................................................................
97
subcontracting..............................................................................................................................
98
terminationof..............................................................................................................................
120
timeto complete work.................................................................................................................
114
Contract payment
final.............................................................................................................................................
138
progress......................................................................................................................................
131
retainage.....................................................................................................................................
133
Contractorfurnished.........................................................................................................................
93
Contractor(s)
claimsprocedure........................................................................................................................
147
cooperation with other Contractors...............................................................................................
43
cooperationwith utilities................................................................................................................42
equipment restrictions...................................................................................................................43
furnished materials and sources...................................................................................................51
insurance coverages.....................................................................................................................
84
licences.........................................................................................................................................
70
minimum wage and overtime rates...............................................................................................80
protectionof utilities......................................................................................................................
95
INDEX - 1
Attachment 1, Page 166 of 175
Exhibit A, Page 166 of 174
protestprocedure........................................................................................................................
146
qualitycontrol................................................................................................................................
53
requiredpayments by...................................................................................................................
77
responsibility for damages to property and facilities.....................................................................
92
responsibility for damages to work................................................................................................
90
responsibility for defective work....................................................................................................
93
to provide vehicle weigh scales..................................................................................................
124
Controlof work.................................................................................................................................
34
Coordination of specification and plans............................................................................................
35
Cost reduction proposals..................................................................................................................
31
Costs
116
fabrication inspection expense......................................................................................................
66
oftesting.......................................................................................................................................
53
payment for changes in material.................................................................................................
128
samplesof materials.....................................................................................................................
37
D
Damages
liquidated, failure to complete on time........................................................................................
119
protection of utility, fire -control, and railroad property...................................................................95
responsibility for damages to property and facilities.....................................................................
92
responsibility for damages to work................................................................................................
90
Defectivework..................................................................................................................................
93
Definitions...........................................................................................................................................
5
Delay(s)
noticeof......................................................................................................................................
116
right-of-way and access..............................................................................................................
116
Deliveryof bids.................................................................................................................................
20
Differingsite conditions..................................................................................................................
131
Disagreements...............................................................................................................................
146
Discrepancies in plans and specifications........................................................................................
36
Disqualification of bidders.................................................................................................................
23
DocExpress®............................................................................................................................
39,74
Drawings, plans, and working...........................................................................................................
39
E
Engineer, authority of the.................................................................................................................
34
Environmental, pollution...................................................................................................................
31
Equipment
materials, and work force............................................................................................................
103
rentalrates..................................................................................................................................
143
useof publicly owned....................................................................................................................
33
Errors
in final quantities and amounts...................................................................................................
139
inplans.........................................................................................................................................
35
Estimates
final.............................................................................................................................................
138
monthly.......................................................................................................................................
132
Execution of contract and bonds......................................................................................................
28
Explosives, use of............................................................................................................................
96
Extension of contract time..............................................................................................................
117
Extra and force account work.........................................................................................................
141
Extrawork..............................................................................................................................
140, 141
INDEX - 2
Attachment 1, Page 167 of 175
Exhibit A, Page 167 of 174
F
Failure to
22
completework on time................................................................................................................
119
execute contract and bonds..........................................................................................................
28
maintainwork................................................................................................................................44
70
provideschedule.........................................................................................................................
114
Familiaritywith laws, etc...................................................................................................................
67
Fees for fabrication inspection..........................................................................................................
66
Final
37
acceptance...................................................................................................................................
46
estimate......................................................................................................................................
138
inspection......................................................................................................................................
45
payment......................................................................................................................................
138
trimmingand cleanup....................................................................................................................
33
Firstnotification............................................................................................................................
8,29
Footboard measure (FBM)............................................................................................................
123
Forceaccount.........................................................................................................................
140, 141
G
General provisions
assignment/delegation of contract................................................................................................ 97
examination of work site and solicitation documents.................................................................... 16
measurement guidelines............................................................................................................. 122
suspensionof work..................................................................................................................... 116
Grades
construction stakes and lines........................................................................................................ 36
H
Handlingmaterials............................................................................................................................65
Hauling equipment, load and speed restrictions...............................................................................44
Health, safety, and sanitary provisions.............................................................................................79
Holidays, legal.................................................................................................................................. 82
Hours of labor and overtime rates.................................................................................................... 80
INDEX - 3
Attachment 1, Page 168 of 175
Incompletebids................................................................................................................................
22
Increase or decrease in work or quantities.......................................................................................
30
Increase or decrease of bid..............................................................................................................
21
Infringementof patents.....................................................................................................................
70
Inspection
fees...............................................................................................................................................
66
final...............................................................................................................................................
45
general..........................................................................................................................................
37
Inspectors, authority and duties........................................................................................................
34
Instructionsto bidders......................................................................................................................
14
Insurance
certificate......................................................................................................................................
88
liability...........................................................................................................................................
84
workers' compensation.................................................................................................................
87
workers' compensation.................................................................................................................
79
Interest, conflict of............................................................................................................................90
Interpretation of plans and specifications.........................................................................................
30
INDEX - 3
Attachment 1, Page 168 of 175
Exhibit A, Page 168 of 174
Interpretation of quantities................................................................................................................ 17
Investigations of subsurface conditions............................................................................................ 17
Irregularproposals........................................................................................................................... 22
L
Labor
116
forceaccount..............................................................................................................................
144
nondiscrimination..........................................................................................................................
80
wageson public works..................................................................................................................
80
workforce...................................................................................................................................
103
Land limitation and requirements, Agency-controlled.......................................................................
50
Laws
53
general..........................................................................................................................................
67
industrial accident protection........................................................................................................
79
navigablewaters...........................................................................................................................
79
permits, licenses, and taxes..........................................................................................................
70
required payments by Contractor..................................................................................................
77
safety, health, and sanitary provisions..........................................................................................
79
trespass........................................................................................................................................
96
wage rates for public works projects.............................................................................................
80
Layout, construction stakes, lines, and grades.................................................................................
36
Legalholidays..................................................................................................................................
82
Legal relations and responsibilities...................................................................................................
67
Liabilityinsurance.............................................................................................................................
84
Licenses...........................................................................................................................................
70
Limitations of operations.................................................................................................................
105
Lines, grades, and construction stakes............................................................................................
36
Liquidateddamages.......................................................................................................................
119
M
Maintenance during suspension of work........................................................................................
116
Materials
acceptanceguides........................................................................................................................
53
Agencyfurnished..........................................................................................................................
50
buyAmerica..................................................................................................................................
49
buyOregon...................................................................................................................................
49
conformance and quality compliance documents.........................................................................
53
defective.......................................................................................................................................
93
notificationof source.....................................................................................................................47
ordering, Producing, and furnishing..............................................................................................48
ownership on Agency lands..........................................................................................................
50
patented........................................................................................................................................
70
qualitycontrol................................................................................................................................
53
sourceof.......................................................................................................................................47
specifications and test methods reference....................................................................................
54
statisticalacceptance....................................................................................................................
64
storageand handling....................................................................................................................
65
weighing......................................................................................................................................
122
Materials on hand...........................................................................................................
132, 135, 136
Measurement of pay quantities......................................................................................................
122
Monies due Contractor, assignment of.............................................................................................
97
INDEX - 4
Attachment 1, Page 169 of 175
Exhibit A, Page 169 of 174
N
Navigable waters, protection............................................................................................................
79
Nondiscrimination, labor...................................................................................................................
80
Noticeof claims..............................................................................................................................
147
Noticeof completion.........................................................................................................................
45
Noticeof delay................................................................................................................................
116
Noticeof protest.............................................................................................................................
146
Noticeto proceed.............................................................................................................................
29
Notices, delivery of...........................................................................................................................
38
Notification...........................................See third notification, See second notification, See First notification
Notification by Contractor of source of material................................................................................
47
O
131
Omitteditems, payment for............................................................................................................
140
Openingand comparing bids............................................................................................................
22
Operations, limitations of................................................................................................................
105
Ordering, producing and furnishing materials...................................................................................
48
Ordersby the Engineer....................................................................................................................
34
Overhead costs, adjustment of.......................................................................................................
145
Overrunquantities............................................................................................................................30
extrawork................................................................................................................................... 140
Overruns in quantities....................................................................................................................
128
Overtime, hours and wages..............................................................................................................
80
Owner/operator data........................................................................................................................
81
P
Partialpayments.............................................................................................................................
131
Patents, copyrights, and trademarks................................................................................................
70
Payment
Agencydelays............................................................................................................................
131
bond.............................................................................................................................................. 27
changes in material costs...........................................................................................................
128
changes of plans or character of work........................................................................................
130
differing site conditions...............................................................................................................
131
extrawork................................................................................................................................... 140
final............................................................................................................................................. 138
forceaccount basis.....................................................................................................................
141
materialon hand.................................................................................................................
135,137
progress......................................................................................................................................
131
terminatedcontract.....................................................................................................................
137
unusedmaterial..........................................................................................................................
138
withholding.................................................................................................................................. 135
Performancebond............................................................................................................................
27
Permits............................................................................................................................................. 70
Plans
andworking drawings...................................................................................................................
39
examinationof.............................................................................................................................. 16
Power and telephone lines, etc.................................................................................................. 42,95
Preconstruction conference............................................................................................................
114
Preparationof bid............................................................................................................................. 18
Prequalification of bidders................................................................................................................
14
Price adjustments...........................................................................................................
128, 131, 140
Pricereduction................................................................................................................................. 64
Processes, patented.........................................................................................................................70
INDEX - 5
Attachment 1, Page 170 of 175
Q
Exhibit A, Page 170 of 174
Producing, ordering, and furnishing materials..................................................................................
48
Progresspayments........................................................................................................................
131
Progressschedule..........................................................................................................................
105
Projectchanges................................................................................................................................
30
Project manager's authority and duties............................................................................................
34
Projectsite restrictions.....................................................................................................................
29
Property damage, responsibility for..................................................................................................
92
Prosecutionand progress.................................................................................................................
97
Protection
17
and maintenance of work during construction...............................................................................
44
and restoration of property............................................................................................................
93
explosives.....................................................................................................................................
96
highway facilities, load and speed restrictions
.............................................................................. 44
navigablewaters...........................................................................................................................
79
stock.............................................................................................................................................
95
storedmaterials............................................................................................................................
65
workduring suspension..............................................................................................................
116
Protestprocedure...........................................................................................................................
146
Protests..........................................................................................................................................
146
Publicopening of bids......................................................................................................................
22
Publicworks, wages on....................................................................................................................
80
Publicly owned equipment, use of....................................................................................................
33
PunchList.........................................................................................................................................45
Purposeof contract..........................................................................................................................
30
Q
45
Qualifications for bidding..................................................................................................................
14
Qualifications of Contractor's personnel.........................................................................................
103
Qualifiedproducts list.......................................................................................................................48
14
Quality control
67
general..........................................................................................................................................
64
Qualityof materials...........................................................................................................................
53
Quantities of materials
93
compensation for altered............................................................................................................
128
interpretation in bid schedule........................................................................................................
17
measurement guidelines.............................................................................................................
122
R
Rates for rented equipment............................................................................................................ 143
Records requirements......................................................................................................................71
Rejected and unauthorized work, removal of................................................................................... 45
Rejectedmaterials............................................................................................................................ 53
Rejectionof bids............................................................................................................................... 22
Reliefof responsibility...................................................................................................................... 91
Removal
unacceptable and unauthorized work...........................................................................................
45
Rentalrates, equipment.................................................................................................................
143
Requirement of contract bond..........................................................................................................
27
Requirements and procedures, bidding............................................................................................
14
Responsibilities, legal relations and.................................................................................................
67
Responsibility for Agency -furnished materials..................................................................................
50
Responsibility for damage to work....................................................................................................
90
Restoration of damaged property.....................................................................................................
93
INDEX -6
Attachment 1, Page 171 of 175
Exhibit A, Page 171 of 174
Restrictions
contractor's vehicles and equipment.............................................................................................43
Retainage....................................................................................................................................... 131
Returnof bid guaranties................................................................................................................... 28
Rightof Agency to do work............................................................................................................... 97
Right-of-way delays........................................................................................................................ 116
S
Safeguarding excavations................................................................................................................
95
Safety, health, and sanitary provisions.............................................................................................
79
Samplesand tests............................................................................................................................
53
Sanitaryprovisions...........................................................................................................................
79
Scales
Contractorto provide..................................................................................................................
124
plant............................................................................................................................................
126
Schedule
criticalpath..................................................................................................................................
110
failureto provide.........................................................................................................................
114
floattime.....................................................................................................................................
113
lookahead..................................................................................................................................
105
monthlyreport.............................................................................................................................
113
progress......................................................................................................................................
105
substitutionof..............................................................................................................................
113
type.............................................................................................................................
106, 107, 110
Schedule and limitation of operations.............................................................................................
105
Scopeof payment..........................................................................................................................
128
Scopeof work...................................................................................................................................
30
Second notification.......................................................................................
11, 45, 95, 115, 117, 148
Shop drawings, requirements of.......................................................................................................
39
Siteof work, examination of.............................................................................................................
16
Site, differing conditions...................................................................................................................
31
Source of materials
Agency-furnished..........................................................................................................................
50
Contractor-furnished.....................................................................................................................
51
limitations of Agency controlled....................................................................................................
50
mandatory.....................................................................................................................................
50
notification.....................................................................................................................................
47
prospective...................................................................................................................................
47
Special provisions, interpretation of..................................................................................................
36
Specifications
and plans, coordination of.............................................................................................................
35
examinationof..............................................................................................................................
16
interpretationof.............................................................................................................................
35
Standardplans.................................................................................................................................
35
Statistical acceptance sampling and testing.....................................................................................
64
Statisticalanalysis............................................................................................................................
56
Stockpilingby-products....................................................................................................................
51
Storageof materials.........................................................................................................................
65
Streams, protecting..........................................................................................................................
79
Subcontracting.................................................................................................................................
98
Sublettingof contract........................................................................................................................
98
Submittals...................................................................................................................................
39,40
Substitution of equipment and methods.........................................................................................
103
Subsurface investigations.................................................................................................................
17
INDEX - 7
Attachment 1, Page 172 of 175
Exhibit A, Page 172 of 174
Supervision....................................................................................................................................... 40
Surveycontrol.................................................................................................................................. 36
Surveymonuments.......................................................................................................................... 93
Surveying, construction.................................................................................................................... 36
Suspension of work
maintenanceduring.................................................................................................................... 116
T
Taxes................................................................................................................................................
70
Termination of contract...................................................................................................................
120
Testing
general..........................................................................................................................................
53
Tests and samples of materials........................................................................................................
53
Theftand vandalism.........................................................................................................................
92
Thickness
ofmaterials...................................................................................................................................
30
Third notification..................................................................................12,
34, 44, 45, 46, 92, 115, 138
Time
adjustment of contract.................................................................................................................
117
failureto complete......................................................................................................................
119
tocomplete work.........................................................................................................................
114
Trespass...........................................................................................................................................
96
Trimming, final..................................................................................................................................
33
Truckweights.................................................................................................................................
122
Trucking Services Agreement..........................................................................................................
98
Typicalsections................................................................................................................................30
U
Unacceptablematerials....................................................................................................................45
Unauthorizedwork...........................................................................................................................
45
Underrunquantities..........................................................................................................................30
Utilities, protection of........................................................................................................................95
V
Vandalismand theft..........................................................................................................................
92
Variationin plan quantities...............................................................................................................
30
Variationsof thickness.....................................................................................................................
30
Vehicles, measuring and weighing quantities in.............................................................................
122
W
Wagerates.......................................................................................................................................80
Warranties..................................................................................................................................93,
94
Warranty
maintenance.................................................................................................................................
46
Waste, excess, and by-product materials.........................................................................................
51
Weigh scales, Contractor to provide...............................................................................................
124
Weighsheets and slips...................................................................................................................
125
Weighingmaterials.........................................................................................................................
122
Withdrawalof bids............................................................................................................................
21
WithholdingPayment.....................................................................................................................
135
Work
INDEX - 8
Attachment 1, Page 173 of 175
INDEX - 9
Attachment 1, Page 174 of 175
Exhibit A, Page 173 of 174
access to, for inspection...............................................................................................................
37
beginningof................................................................................................................................ 114
changesto....................................................................................................................................
30
cleanupof.....................................................................................................................................
33
controlof.......................................................................................................................................34
done before contract approval......................................................................................................
28
examinationof site........................................................................................................................
16
extra..............................................................................................................................................
31
failureto complete on time..........................................................................................................
119
finalacceptance............................................................................................................................46
final trimming and clean up...........................................................................................................
33
force account, payment.......................................................................................................
140,141
inspection......................................................................................................................................
37
limitationsof................................................................................................................................
105
payment for increased or decreased..........................................................................................
128
prosecution and progress.............................................................................................................
97
protectionduring suspension......................................................................................................
116
removal of unauthorized or unacceptable.....................................................................................45
responsibilityfor............................................................................................................................
90
rightof Agency to do.....................................................................................................................
97
schedule.....................................................................................................................................
105
scopeof........................................................................................................................................
30
startof.........................................................................................................................................
114
subcontracting..............................................................................................................................
98
suspensionof..............................................................................................................................
116
terminationof..............................................................................................................................
120
Workforce, materials, and equipment............................................................................................ 103
Workers' compensation..............................................................................................................
79,87
Working drawings
general..........................................................................................................................................
39
Workingschedule...........................................................................................................................
105
INDEX - 9
Attachment 1, Page 174 of 175
Exhibit A, Page 174 of 174
Attachment 1, Page 175 of 175