100313-7-specs100s-WC-Murraysmith_.docx

PART 1.0, PROJECT INFORMATION

NW Martin Rd Widening

WORK TO BE DONE

The work to be done under this contract consists of the following in Washington County:

1. Relocation of approx. 150 linear feet of 6-inch diameter asbestos cement waterline with 6-inch diameter restraint ductile iron.

APPLICABLE SPECIFICATIONS

The Specifications that are applicable to the Work on this Project are the 2018 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions, and the Technical Specifications.

All number references in these Special Provisions shall be understood to refer to the Sections and subsections of the Standard Specifications bearing like numbers and to Sections and subsections contained in these Special Provisions in their entirety.

PROJECT CONTACTS

Submit questions only in writing on the County's ProcureNow OpenGov Procurement Portal with the Question/Answer feature on the project page.

https://secure.procurenow.com/portal/washington-county-or Replies to these questions will be posted on the County portal as well.

PROJECT STAFF WILL ONLY RESPOND TO QUESTIONS SUBMITTED IN WRITING

Renus Kelfkens, Project Manager 1400 SW Walnut St, MS #18 Hillsboro, OR 97123-5625 Phone: 503-846-7808 Fax: 503-846-7810 Kira Furby, Engineering Associate 1400 SW Walnut St, MS #18 Hillsboro, OR 97123-5625 Phone: 503-846-7816 Fax: 503-846-7810

TABLE OF CONTENTS FOR PART 00100 SPECIAL PROVISIONS

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS

Comply with Section 00110 of the Standard Specifications modified as follows:

00110.00 Organization of Specifications ‑ Add the following:

Book 1 of the Bid Documents as issued by Washington County

00110.05(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and Permits - Replace the bullet that begins “Applicable Laws and Regulations” with the following bullet:

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.

00110.05(e) Reference to Websites - Add the following bullet list to the end of this subsection:

American Traffic Safety Services Association (ATSSA) www.atssa.com

ODOT Construction Section www.oregon.gov/odot/construction/pages/index.aspx

ODOT Construction Section - Qualified Products List (QPL) www.oregon.gov/ODOT/Construction/Pages/Qualified-Products.aspx

ODOT Estimating www.oregon.gov/ODOT/Business/Pages/Steel.aspx

Oregon Legislative Counsel www.oregonlegislature.gov/lc

ODOT Procurement Office - Conflict of Interest Guidelines and Disclosure Forms www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

ODOT Procurement Office - Construction Contracts Unit Notice of Intent www.oregon.gov/ODOT/Business/Procurement/Pages/NOI.aspx

ODOT Procurement Office - Construction Contracts Unit prequalification forms www.oregon.gov/odot/business/procurement/pages/bid_award.aspx

Oregon Secretary of State: State Archives sos.oregon.gov/archives/Pages/default.aspx

ODOT Traffic Control Plans Unit www.oregon.gov/ODOT/Engineering/Pages/Work-Zone.aspx

ODOT Traffic Standards www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx

OregonBuys https://oregonbuys.gov/bso/view/login/login.xhtml Comment by Abe Turki: Not sure yet if this is correct

ProcureNowOpenGov Procurement https://secure.procurenow.com/portal/washington-county-or

00110.10 Abbreviations ‑ Add the following:

00110.20 Definitions ‑ Add or modify the following:

Bid Booklet ‑ Delete this definition.

Bid Documents ‑ Replace with the following:

The bound two Books (Book 1 and Book 2) of the Solicitation Documents and other documents as identified in 00120.10.

Contract Administration Engineer ‑ Add the following:

The Capital Project Services Manager who presides over the Step 2 claim review under 00199.40.

Contract Documents ‑ Replace with the following:

As defined by Article 2 of the Contract Agreement. See Book 1 of the Bid Documents.

Effective Date of the Agreement ‑ The date recorded on the Contract Agreement when it is executed by the last party to sign.

Extra Work Directive ‑ Written order issued by the Engineer modifying or requesting work and if applicable establishing the basis of payment per Change Order. The cost of this order has to be within the contract approved contingency as stated in the Bid Schedule for Extra Work.

Field Directive ‑ Supplemental instructions, clarifications, and/or minor changes consisting of a written directive which may or may not modify the contract or the contract amount.

Notice to Proceed ‑ Replace with the following:

A written notice to the Contractor from the Agency to begin tasks required of the contractor prior to beginning onsite construction.

Principal Engineer ‑ The Project Delivery Team Chief Engineer who will be presiding over Step 1 level claim review under 00199.40.

Substantial Completion ‑ The Work or specified parts of the Work which are sufficiently complete, in accordance with the Contract Documents in order that they can be utilized by the Agency for the purposes intended as determined by the Engineer.

Work Day ‑ Any and every calendar day from January 1 through December 31 of every year, excluding Saturdays, Sundays, and legal holidays.

Work Hour ‑ For the purpose of bidding and related submittals, any hour in a Work Day between 8:00 a.m. and 5:00 p.m., including lunch‑hour, when the Agency is performing regular business.

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

Comply with Section 00120 of the Standard Specifications modified as follows:

00120.01 General Bidding Requirements ‑ Replace this subsection with the following:

00120.01 General Bidding Requirements - Bidders may only submit Bids electronically using ProcureNow OpenGov Procurement website (see 00110.05(e)), Bidders shall create a FREE account with ProcureNow OpenGov by signing up at https://secure.procurenow.com/signup.

00120.05 Request for Plans, Special Provisions, and Bid Booklets ‑ Replace this subsection with the following:

00120.05 Request for Bid Documents ‑ Bid Documents may be obtained only via ProcureNow website (see 00110.05(e)). No paper copies of Bid Documents will be made available for prospective bidders.

Plans and specifications are available for viewing at locations listed in the invitation to bid.

00120.10 Bid Booklet ‑ Replace Delete this subsection with the following:.

00120.10 Bid Documents ‑ The Bid Documents may include, but are not limited to: Comment by Renus Kelfkens: We might not need to include this but not sure whats all needed in ProcureNow

Book 1 ‑ Book 1 includes, but is not limited to:

Part 1.0, "Bidding Forms" Bid Guaranty Form First-tier Subcontractors Disclosure Form

Part 2.0, "Contract Forms" Contract Agreement Performance Bond Payment Bond Selection of Retainage Option

Book 2 ‑ Book 2 includes, but is not limited to:

Part 1.0, Project Information Part 2.0, Prevailing Wage Rates Part 3.0, Non-Field Tested Materials Acceptance Guide Part 4.0, Special Provisions

Other documents referenced in the Bid Documents, including the Plans and Specifications, are part of the Bid Documents by reference. These include, but are not limited to:

The "Oregon Standard Specifications for Construction", 2018 Edition, as published by the Oregon Department of Transportation (ODOT).

The current edition Oregon Standard Drawings as of the date of the Bid Manual of Field Test Procedures The "Construction Manual", current edition, published by ODOT.

Certificate of nondiscrimination regarding ORS 279A.110 and certificate regarding policy and practice against sexual harassment, sexual assault and discrimination against employees who are members of a protected class as required by HB 3060 (2017)

00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids ‑ Replace the last sentence of the first paragraph with the following:

The Agency will provide Addenda only by publishing them on the ProcureNow web site (see 00110.05(e)).

In the second paragraph, in the sentence that begins "Addenda may…" replace "ODOT eBIDS" with "ProcureNow".

In the third paragraph, in the sentence that begins "Bidders may be…" replace "ODOT eBIDS" with "ProcureNow".

00120.40(a) General – Replace with the following:

Bidders shall prepare and submit Bids using the ProcureNow OpenGov Procurement website (see 00110.05(e)). Bidders shall complete the certifications and statements included in the Bid Section of the electronic Bid Page for the project according to the instructions.

00120.40(b) Bidding Considerations - Add the following subsection and requirements to the list:

00120.40(c)(1) Paper Bid Schedule Entries ‑ Delete this subsection.

00120.40(d) Bidder's Address and Signature Pages ‑ Replace this subsection, except for the subsection number and title, with the following:

Bidders shall include in the Bid the address to which all communications concerning the Bid and the Contract should be sent. The Bid Signature Page shall be completed and must be signed by a duly authorized representative of the Bidder. A scanned electronic copy of the Bid Signature Page shall be attached with the Bid.

00120.40(e) Bid Guaranty ‑ Revise this subsection as follows:

(1) Bid Guaranty with Paper Bids ‑ Delete this subsection

(2) Bid Guaranty with Electronic Bids ‑ Replace with the following:

If Bidders elect to provide a Bid bond as a Bid guaranty, use the "Bid Guaranty Form" provided in Book 1 of the Bid Documents. Bidders shall complete and sign the Bid Guaranty Form, make a copy of the Bid Bond, and include an electronic copy of each with the Bid as an attachment.

After the bid opening, the Agency may require the bidders to submit the completed and signed Bid Guarantee Form and the original Bid Bond form, with original signatures and the Surety's seal affixed.

if the Bidder chooses to submit a Bid guaranty in the form of an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or a cashier's check or certified check made payable to the Agency (see ORS 279C.365(4)), it shall be submitted by mail, or delivery service, and postmarked by the Bid open date given in the Bid Document or earlier . A postmarked date must be stamped on the delivery envelope by the USPS or any other delivery service, a self-service mailing date stamp will not be accepted.

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.

00120.40(g) Disclosure of Conflict of Interest ‑ Delete this subsection.

00120.45 Submittal of Bids ‑ Replace this subsection, except for the subsection number and title, with the following:

Bids shall be submitted electronically using ProcureNow website (see 00110.05(e)). It is the responsibility of the bidder to submit electronic bids before the deadline date and time as posted on ProcureNow. Agency is not responsible for problems with the Internet, Bidders should make sure that all documents are uploaded well in advance of the deadline. The County's ProcureNow system will close promptly at the published Bid deadline date and time.

00120.60 Revision or Withdrawal of Bids ‑ Replace this subsection, except for the subsection number and title, with the following:

Information entered into the Bid Document by the Bidder may be changed after the Bid has been uploaded to ProcureNow up to the time of Bid Closing.

A Bidder may withdraw its Bid after it has been uploaded to ProcureNow up to the time of Bid Closing.

00120.65 Opening and Comparing Bids ‑ Replace the first paragraph with the following:

All Bids received will be opened immediately after the time stated in the "Invitation to Bid" (Advertisement), and the total price for each Bidder's Bid will be read publicly at that time. Bidders and other interested parties are invited to be remotely present via MS Teams, a link to the MS Teams bid opening will be posted on ProcureNow website.

Add the following subsection:

00120.68 Mistakes in Bids:

(a) General ‑ Clarifications to or withdrawal of a Bid after bid opening because of an inadvertent, non-judgmental mistake in the Bid requires careful consideration by the Agency to protect the integrity of the competitive bidding system and to assure fairness to all Bidders. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent it is not contrary to the interest of the Agency or the fair treatment of other Bidders.

(b) Mistakes Discovered After Bid Closing but Before Award ‑ This subsection prescribes standards to be applied in situations where mistakes in Bids are discovered after the time and date set for bid closing, but before Award.

(1) Minor Informalities ‑ Insignificant mistakes of form that are evident from the Bid Documents and do not affect price, quality, quantity, delivery, or contractual obligations except in the case of informalities involving unit price. Minor informalities can be waived or corrected promptly without prejudice to other Bidders or to the Agency. Examples include, but are not limited to:

Failure to return the number of signed bids or the number of other documents as required by the Bid Documents.

Failure to sign the bid form in the designated block so long as a signature appears in the Bid Documents evidencing an intent to be bound.

Failure to acknowledge receipt of an Addendum to the Bid Documents but only:

If it is clear from the Bid that the Bidder received the Addendum and intended to be bound by its terms, or If the Addendum involved had a negligible effect on price, quality, quantity, or delivery.

00120.70 Rejection of Non-responsive Bids ‑ Delete the fifth bulleted item which begins with “The Bid is submitted..”, the seventh bulleted item which begins with “The Bid has entries..”, and eighth bulleted item which begins with “Each Change..”. Replace the 20th bulleted item which begins "An electronic Bid…" with the following:

An electronic Bid is not received due to failure to comply with all requirements of ProcureNow.

Add the following bullet to the end of the bullet list:

The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the Agency.

00120.95 Opportunity for Cooperative Arrangement ‑ Delete this subsection.

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

Comply with Section 00130 of the Standard Specifications modified as follows:

00130.10 Award of Contract - Replace the paragraph that begins with "The Agency will provide Notice…" with the following:

The Agency will provide Notice of Intent to Award on the ProcureNow OpenGov Procurement website (see 00110.05(e)).

00130.15 Right to Protest Award ‑ Replace this subsection, except for the subsection number and title, with the following:

Within 7 calendar days following the date of Notice of Intent to Award, any adversely affected or aggrieved Bidder may submit a written protest to the Purchasing Manager in accordance with Section No. 5 of the Preface “Protest of Award - Protests and Judicial Review of Contract Award” in the Project Page on ProcureNow website. The protest shall specify the grounds upon which the protest is based.

The Agency is not obligated to consider late protests.

00130.30 Contract Booklet ‑ Replace this subsection with the following:

00130.30 Contract Document ‑ The Contract Document may include but is not limited to:

· The "Oregon Standard Specifications for Construction", 2018 Edition, as published by the Oregon Department of Transportation.

· Special Provisions

· Addenda

· Schedule of Items

· Contract Agreement

· Performance Bond

· Payment Bond

· Certification of workers' compensation coverage

· Manual of Field Test Procedures

· Project Plans

· Other documents included by reference.

00130.40(c) Workers' Compensation ‑ Replace this subsection, except for the subsection number and title, with the following:

To certify compliance with the workers' compensation insurance coverage required by 00170.61(a) and 00170.70(d), the successful Bidder shall provide evidence of such insurance coverage acceptable to the Agency.

00130.50(a) By the Bidder ‑ Replace the first paragraph with the following:

The successful Bidder shall deliver the Performance Bond, Payment Bond, evidence of Workers' Compensation Coverage, the required Certificate of Insurance, and a completed Selection of Retainage Option form to the Agency in accordance with 00130.40 within 10 calendar days after the date of Award Letter. Insurance certificates and the Selection of Retainage Option form can be submitted electronically, original Performance and Payment Bonds are required. The Agency will prepare the contract document and send it to the Bidder electronically for an electronic signature, the Bidder shall review, electronically sign, and return the contract document within 3 days.

Certificates of insurance for coverages that are permitted by the Agency under 00170.70(a) to be obtained by appropriate Subcontractors shall be delivered electronically by the Contractor to the Agency together with the Contractor's request under 00180.21 for approval of the subcontract with that Subcontractor.

00130.50(b) By the Agency ‑ Replace "7 Calendar Days" with "30 Calendar Days".

00130.80 Project Site Restriction ‑ Replace this subsection, except the subsection number and title, with the following:

The Contractor shall not have authority to go onto the project property or to move Materials, Equipment, or workers onto that property on which the Work is to be done until the Contractor has filed the public works bonds required in 00170.20 and not before the date stated in the "First Notification".

SECTION 00140 - SCOPE OF WORK

Comply with Section 00140 of the Standard Specifications modified as follows:

00140.60 Extra Work ‑ Add the following:

When listed in the Bid Schedule, the amount(s) listed for the pay items under "Extra Work" are estimated amount(s) to provide adequate funding and bonding to cover Extra Work items if required by the Engineer.

SECTION 00150 - CONTROL OF WORK

Comply with Section 00150 of the Standard Specifications modified as follows:

00150.02 Inspector's Authority and Duties ‑ Add the following bulleted item to the first paragraph:

Receive Work and Materials

Add the following to the third bulleted item of the first paragraph:

The inspector may orally suspend work temporarily, until the issue in question can be referred to the Engineer for decision for:

Unsafe practice Non-compliance with the Contract Documents Non-compliance with erosion control requirements Non-compliance with hazardous material handling rules and regulations Non-compliance with air, noise, and water pollution control

00150.05 Cooperative Arrangements ‑ Delete this subsection.

00150.15(b) Agency Responsibilities ‑ Replace this subsection, except for the subsection number and title, with the following:

The Engineer will perform the responsibilities described in 00305.04.

00150.15(c) Contractor Responsibilities ‑ Replace this subsection, except for the subsection number and title, with the following:

Perform the responsibilities described in 00305.05.

Add the following subsection:

00150.21 Agency Use of Consultants ‑ The Contractor is advised that the availability of Agency personnel on this Project is limited and the Agency may hire consultants to perform some of its responsibilities for Material testing, Material weighing and checking, and/or surveying. The Contractor shall provide the Engineer with a written notification that such personnel are needed a minimum of 72 hours before performing Work requiring Material testing, Material weighing and checking, and/or surveying. If the Contractor suspends Work for more than 3 Days on Work items requiring Material testing, Material weighing and checking, and/or surveying by the Agency, Contractor shall again provide notice as set forth above. The Agency will not be responsible for delays occasioned by the Contractor's failure to provide the required written notice. The Contractor shall provide such notice whether or not the Agency hires a consultant to perform the required services.

00150.35 Plans, 3D Engineered Models, Working Drawings, and 3D Models ‑ Replace this entire subsection with the following subsection:

00150.35 Plans and Working Drawings:

(a) Plans ‑ The Plans will show details of lines, grades, 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 or 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 and unstamped Working Drawings are defined as follows:

(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 and Size of Drawings ‑ The Contractor shall submit Working Drawings according to one of the following methods:

(1) Paper Submittal ‑ For paper submissions, submit seven copies of Working Drawings for steel Structures and six copies of Working Drawings for other Structures to the Engineer. The submitted copies shall be clear and readable. Drawing dimensions shall be 8 1/2 inches by 11 inches, 11 inches by 17 inches, or 22 inches 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 ‑ For electronic submissions, submit Working Drawings according to the "Guide to Electronic Shop Drawing Submittal" which is available from the Engineer.

(d) Processing Working Drawings ‑ The Engineer will process Working Drawings and include all comments on them as follows:

(1) Stamped Working Drawings ‑ Stamped Working Drawings will be designated as "reviewed " or "reviewed with comments" by the Engineer.

(2) Unstamped Working Drawings ‑ Unstamped Working Drawings will be designated on the face of the Drawing, as "approved", "approved as noted", or "returned for correction" by the Engineer.

The Contractor shall not fabricate or construct any structural components until the stamped or unstamped Working Drawings are returned by the Engineer with written notation of approval or review, as applicable, of 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 within this period of time, the Engineer will consider granting a Contract Time extension according to 00180.80.

00150.90(a) On-Site Construction Work ‑ Replace the paragraph that begins "When all On-Site Work…" with the following:

When all On-Site Work on the Project is completed, including but not limited to Change Order Work and Extra Work, and the Post-Construction Review meeting has been held in accordance with 00150.91 with the Contractor in attendance, the Engineer will issue Second Notification as specified in 00180.50(g).

Add the following subsection:

00150.90(c) Rescinding Second Notice ‑ If the punch list items have not been completed within the time frame agreed to per 00180.50(g), the Second Notification will be rescinded, the Contract Time will be restarted and liquidated damages will be assessed per 00180.85.

00150.91 Post-Construction Review ‑ Replace this subsection, except for the number and title, with the following:

The Contractor or the Engineer may request a Post-Construction Review meeting, to be held prior to issuance 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.

SECTION 00165 - QUALITY OF MATERIALS

Comply with Section 00165 of the Standard Specifications modified as follows:

00165.10(a) Field-Tested Materials - Add the following:

Field-tested materials will be accepted according to the ODOT Material Acceptance Guide for Type D projects.

Add the following:

00165.50(c)(5) Non-Specification Materials ‑ Rejection without Testing ‑ If Material is rejected and removed from a designated sublot sample site before sampling, a new random sample site will be established for the remainder of the sublot.

a. Rejection by Contractor ‑ The Contractor may remove any Material that appears defective and replace it with new Material at no additional cost to the Agency.

b. Rejection by Engineer ‑ The Engineer may reject any Material that appears defective. Material rejected before placement shall not be incorporated into the work. Material in place that is rejected shall be removed. No separate or additional payment will be made for Materials rejected by the Engineer or for the removal of the Materials unless the requirements of 00165.50(c)(6) have been met.

00165.50(c)(6) Rejection with Testing ‑ If the Contractor requests to have the rejected Material tested, it will be sampled, tested, and statistically evaluated as a separate lot.

If the CPF for the rejected material is less than 1.0000, 00165.50(c)(4) will be used, and the sampling and testing will be at no additional cost to the Agency.

If the CPF is greater than 1.0000, the cost of removal, sampling and testing will be paid for by the Agency and the Material will be paid for according to the CPF.

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES

Comply with Section 00170 of the Standard Specifications modified as follows:

00170.00 General - Replace the paragraph that begins, "Any dispute between…" with the following:

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 courts identified in Article 8 of the Contract. In no event shall this Subsection be construed as a waiver by the Agency on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION.

00170.01(c) Local Agencies ‑ Add the following:

Clean Water Services Service Districts

00170.02 Permits, Licenses, and Taxes ‑ Add the following bulleted item:

Obtain necessary land use permits for off-site staging areas and waste disposal areas not listed in 00290.20.

00170.03 Furnishing Right-of-Way and Permits ‑ Add the following bulleted item:

Necessary land use permits except for off-site staging areas and waste disposal areas.

00170.04 Patents, Copyrights, and Trademarks - Replace the paragraph that begins "Prior to use of designs, devices, materials, or processes…" with the following paragraph:

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.

00170.05 Assignment of Antitrust Rights - Replace the bullet that reads "ORS 646.725; and" with the following bullet:

ORS 646.725; or

00170.07(d) Public Records Requests ‑ Replace the paragraph that begins " If records provided under this section…" with the following paragraph:

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.

Add the following subsection:

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 ProjectTeam. 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 ProjectTeam for itself and for Subcontractors, Suppliers, vendors and other third parties. Only documents submitted by the Contractor and recorded in ProjectTeam as received will be considered valid and received by the Agency. The Contractor is also be responsible for providing any responses or communications from the Agency to Subcontractors, Suppliers, vendors and other third parties.

Following Notice to Proceed, all documents for this Contract will be managed in ProjectTeam, unless otherwise allowed or directed by the Engineer. Following Notice to Proceed, the Contractor shall use ProjectTeam to submit documents to the Agency, and the Agency will use ProjectTeam to submit documents to the Contractor.

The Contractor shall comply with naming conventions, file structure, and other ProjectTeam instructions as specified by the Agency.

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 ProjectTeam, the Contractor is certifying that the documents are true and accurate and that if the document was required to be signed, it has been signed by a person with appropriate authority. By submitting documents to the Agency using ProjectTeam 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.

The Agency will provide the Contractor one paid access to ProjectTeam. Costs associated with the use of ProjectTeam are Incidental to Mobilization. Other access to ProjectTeam may be available through the Project Manager but not guaranteed.

Failure to submit documents electronically, as required by this Subsection, may result in payments being withheld according to 00195.50(e).

The Contractor shall be responsible for causing access to ProjectTeam to be disabled for any Entity or individual that is no longer assigned, employed or under contract in relation to the Project or whose access is to be disabled due to improper activity. The Contractor’s obligation to disable access applies to its own officers, employees and agents and to all Subcontractors, Suppliers, vendors and other third parties and their respective officers, employees and agents.

The Agency reserves the right to suspend or disable, or cause to be suspended or disabled, the access to ProjectTeam for any Entity or individual at any time.

Use and access for ProjectTeam is provided “as is”. The Agency does not warrant that access to or functioning of ProjectTeam will be error free, uninterrupted or meet the Contractor’s needs. The Agency is not responsible for any damage that may occur due to error, omission, lack of timeliness or other malfunction of ProjectTeam or its supporting systems. The Agency disclaims all liability arising from interference or interruption, viruses, telephone faults, malicious damage by anyone, electronic system downtime, overloading of the Internet or sites or any cause beyond the control of the Agency. The Agency reserves the right to temporarily suspend or cause to be suspended access to ProjectTeam, without notice, because of maintenance, repair or any other reason deemed necessary for the proper functioning of ProjectTeam by the Agency or by the ProjectTeam vendor.

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 ProjectTeam 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 of ProjectTeam 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 ProjectTeam.

The terms, conditions and 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 access to ProjectTeam will or may be required.

(a) User Terms and Conditions - The Contractor shall comply with, shall require its officers, employees and agents to comply with, and shall require all Subcontractors, Suppliers, vendors and other third parties to comply with and to require their officers, employees and agents using or accessing ProjectTeam to comply with this Subsection 00170.08 and the following Additional User Terms and Conditions, all as may be revised from time to time:

As an officer, employee or agent of the Contractor or any Subcontractor, Supplier, vendor or other third party, respecting my use of or access to ProjectTeam, I agree to the following, all as may be revised from time to time:

· The terms, conditions and requirements of Subsection 00170.08 of the Contract;

· ProjectTeam Privacy Policy and Terms of Use and the Digital Millennium Copyright Act (DMCA) Policy; and

· The following Additional User Terms and Conditions:

My use of and access to ProjectTeam are conditioned on my agreement to and my compliance with the foregoing and these Additional User Terms and Conditions.

I may have access to sensitive personnel, business, financial and/or security related information (“Confidential Information”) through use of ProjectTeam, and, except to the limited extent necessary to perform my duties, I will maintain its confidential status and will not share, publish or disseminate Confidential Information or other information obtained through ProjectTeam, without regard to how the Agency may treat any such Confidential Information or other information. All information is also subject to the Oregon Public Records law (see 00170.07(d)). In addition, if I know or have reason to believe any information was inadvertently or improperly included in ProjectTeam, I will immediately notify my employer for purposes of notification to the Contractor and the Contractor’s notification to the Agency.

I will not access any information I am not authorized to use or access and I will not browse or otherwise use or access information, files or documents that exceed the minimum necessary to perform my duties.

If my authorized use of and access to ProjectTeam includes submitting documents into ProjectTeam (or “read-write” access), I will not submit any documents or information into ProjectTeam except those I am authorized to submit and necessary to perform my duties.

I have no expectation of privacy, rights or ownership of anything I may access, create, store, send or receive within ProjectTeam, respecting any documents or information, including but not limited to Confidential Information of any individual or Entity. For audit or system security purposes, the Agency may monitor and/or record all activity conducted within ProjectTeam. This includes but is not limited to the login identification information, times, dates and duration of access, as well as resources or documents accessed.

Unauthorized access or activities that could compromise the system or Confidential Information are strictly prohibited and patterns of unauthorized or unusual activity will result in access being immediately disabled, and possible further investigation.

If a breach of these terms and conditions or a security incident occurs, I will immediately notify my employer for purposes of notification to the Contractor and the Contractor’s notification to the Agency.

I will not share my password or other means of access with any other individual or Entity. Violation of this restriction or of any of these other Terms and Conditions will result in my access being immediately disabled.

I understand that my use of and access to ProjectTeam is conditioned on my relationship to my employer and my employer’s relationship to one or more of: the Agency, the Contractor, a Subcontractor, Supplier, vendor or other third party, and that if I am no longer so employed or my employer no longer has such relationship, I will immediately cease my use of and access to ProjectTeam and will immediately notify my employer for purposes of notification to the Contractor and the Contractor’s notification to the Agency.

(b) Digital Signatures and Requirements - Unless otherwise allowed or directed by the Engineer:

Digital signature is not available within ProjectTeam.

For all Change Orders that require signature by the Contractor for this Contract, the Contractor, by a person with appropriate authority, shall sign using ECAT digital signature.

(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

· A ProjectTeam electronic signature when prompted during submission of the document into ProjectTeam.

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 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 ProjectTeam.

00170.62 Labor Nondiscrimination - Add the following sentence to the end of this subsection:

It is a material term of this Contract that the Contractor certifies by entering into this Contract that the Contractor has a written policy and practice that meets the requirements described in HB 3060 (2017) for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class and that the Contractor shall maintain the policy and practice in force during the entire term of this Contract.

00170.65(e) Additional Requirements When Federal Funds are Involved - Delete this subsection.

Add the following subsection:

00170.67 Fees ‑ The fee required by ORS279C.825(1) will be paid by the Agency to the Commissioner of the Oregon Bureau of Labor and Industries under the administrative rules of the Commissioner.

00170.70(a) Insurance Coverages - Add the following to the end of this subsection:

The following insurance coverages and dollar amounts are required pursuant to this subsection:

Commercial General Liability $_______1,000,000______ $______2,000,000______

Commercial Automobile Liability $________1,000,000_____ (aggregate limit not required)

Pollution Liability $________$1,000,000_____ $______2,000,000

With Asbestos Liability Endorsement or separate coverage With Lead Liability Endorsement or separate coverage

Commercial Automobile Liability with Pollution Coverage $______2,000,000_______ (aggregate limit not required)

00170.70(c) Additional Insured - Add the following paragraph and bullets to the end of this subsection:

Add the following as Additional Insureds under the Contract:

State of Oregon, Transportation Commission and its members, Oregon Department of Transportation, officers and employees Forest Grove City Council, the City of Forest Grove, and its officers, agents, and employees Tualatin Valley Irrigation District and its officers, agents and employees

00170.70(g) Builders' Risk - Add the following to the end of this subsection:

Provide Builders' Risk insurance for an amount equal to at least $___________. The policy shall include as loss payee, the Agency and ____(County or City Owner of Building)____.

00170.71 Independent Contractor Status - Replace this subsection, except for the subsection number and title, with the following:

The service or services to be rendered and the Work to be completed under this Contract are those of an independent contractor. 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 - Add the following paragraph and bullets to the end of this subsection:

Extend indemnity and hold harmless to the following:

State of Oregon, Transportation Commission and its members, Oregon Department of Transportation, officers and employees Forest Grove City Council, the City of Forest Grove, and its officers, agents, and employees Tualatin Valley Irrigation District and its officers, agents and employees

00170.78 Conflict of Interest - Replace the paragraph that begins " The Contractor shall also be …" with the following paragraph:

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).)

00170.80(c) Responsibility for Damage to Work Caused by Public Traffic ‑ Replace the paragraph that begins, "If the Contractor disagrees…" with the following:

If the Contractor disagrees with the Engineer's findings, the Contractor may request a Principal Engineer level review according to 00199.40(b).

00170.80(c)(2) Scope of Relief ‑ Within this subsection, replace "changed work" with "Extra or Changed Work".

SECTION 00180 - PROSECUTION AND PROGRESS

Comply with Section 00180 of the Standard Specifications modified as follows:

00180.21(b) Submittal of Requests - Replace the paragraph that begins "The Subcontractors shall also otherwise …" with the following paragraph:

The Subcontractors shall also otherwise be and remain in compliance with the Agency's Conflict of Interest Guidelines. (See 00170.78.)

00180.21(g) Mentor-Protégé Agreement - Delete this subsection.

00180.40(b) On-Site Work ‑ Replace the first bulleted item with the following:

Received First Notification;

Add the following paragraph to the end of the subsection:

The Contractor shall not begin On-Site Work before January 1, 2022 unless approved by the Engineer.

Add the following subsection:

00180.40(c) Specific Limitations - Limitations of operations specified in these Special Provisions include, but are not limited to, the following:

Limitations Subsection

When submitting the supplemental "look ahead" Project Work schedule, the Contractor shall show all Work that impacts the Tualatin Valley Irrigation District infrastructure.

The Contractor shall be aware of and subject to schedule limitations in the Standard Specifications that are not listed in this subsection.

00180.41 Project Work Schedules - After the paragraph that begins "One of the following Type…" add the following paragraph:

In addition to the "look ahead" Project Work schedule, a Type A schedule as detailed in the Standard Specifications is required on this Contract.

00180.41(b-2) Detailed Schedule - Replace the paragraph that begins "In addition to the above requirements…" with the following:

In addition to the above requirements, and within 30 Calendar Days after the Notice to Proceed, the Contractor shall provide the Engineer one digital copy and four paper copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of the Work. The digital copy shall be compatible with MS Project 2003.

00180.42 Preconstruction Conference ‑ Replace this subsection, except for the subsection number and title, with the following:

Before any Work is performed under the Contract and within 15 Calendar Days of the Notice to Proceed, unless otherwise approved in writing, meet with the Agency for a preconstruction conference at a time mutually agreed upon. Submit the following during the preconstruction conference unless otherwise directed:

Project work schedule (see 00180.41) Traffic control plans (see 00225.05) Erosion control plan (see 00280.00) Complete list of subcontractors List of utilities affected by the work (see 00150.50(c)) Submit off-site disposal locations (see 00290.20(c)(3)(f))

Before meeting with the Engineer for the preconstruction conference, hold a group utility scheduling meeting with representatives from the utility companies involved with this project. Incorporate each utility's time needs into the Contractor's schedule submitted at the preconstruction conference.

00180.43 Commencement and Performance of Work ‑ Add the following at the end of this subsection:

Conduct the Work at all times in a manner and sequence that will ensure minimal interference with traffic. The Contractor shall not begin Work that will interfere with Work already started. If it is in the Agency's best interest to do so, the Agency may require the Contractor to finish a portion or unit of the project on which work is in progress or to finish a construction operation before Work is started on an additional portion or unit of the Project.

00180.50(c) Beginning of Contract Time - Replace this subsection, except for the subsection number and title, with the following:

When the Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin on the day the Contractor begins On-Site Work as defined in 00110.20.

Add the following subsection:

00180.50(h) Contract Time - There is one Contract Time on this Project as follows:

(1) The Contractor shall complete all Work to be done under the Contract required to relocate waterline and restore surface before the elapse of 15 Calendar Days, or not later than March 15, 2022, whichever occurs first.

00180.85(b)(1) Single Contract Time - Replace this subsection, except for the subsection number and title with the following:

The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $300 per Calendar Day *.

* Calendar Day…