DATE ISSUED: March 30, 2026

BOOK 2 OF 2

OF THE BID DOCUMENTS FOR:

NW Turk Road Bridge Replacement (#671374)

GRADING, DRAINAGE, PAVING, GUARDRAIL, STRUCTURE, & SIGNING

BID NUMBER: 2026.035-LUT CPS

PROJECT NUMBER: 100762

A WASHINGTON COUNTY

DEPARTMENT OF LAND USE & TRANSPORTATION

PUBLIC IMPROVEMENT PROJECT

BOOK 2 OF 2

OF THE BID DOCUMENTS

FOR:

PREPARED BY:

WASHINGTON COUNTY

DEPARTMENT OF LAND USE & TRANSPORTATION

CAPITAL PROJECT SERVICES

1400 SW WALNUT STREET, MS#18

HILLSBORO, OR 97123-5625

BID NUMBER: 2026.035-LUT CPS

PROJECT NUMBER: 100762

DATE ISSUED: March 30, 2026

BOOK 2

TABLE OF CONTENTS

PROJECT INFORMATION ................................................................................................................ i

PREVAILING WAGE RATES .......................................................................................................... iii

NON-FIELD TESTED MATERIALS ................................................................................................ iv

ENGINEER OF RECORD CERTIFICATIONS

SPECIAL PROVISIONS

NW Turk Road i Project # 100762 Bridge Replacement (#671374) Bid # 2026.035-LUT CPS

PROJECT INFORMATION

WORK TO BE DONE

The Work to be done under this Contract consists of the following in Washington County:

1. Install temporary traffic control and erosion control.

2. Construct bridge on Turk Road over West Fork Dairy Creek.

3. Construct roadway approaches, driveways, and guardrail.

4. Perform additional and Incidental Work as called for by the Specifications and Plans.

CLASS OF WORK

The Class of Work for this Project is: Bridges and Structures

APPLICABLE SPECIFICATIONS

The Specifications that are applicable to the Work on this Project is the 2024 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions. All Sections in Part 00100 apply, whether or not modified or referenced in the Special Provisions.

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 OpenGov Procurement Portal with the Question/Answer feature on the project page: www.washcopurch.com/biz.

Replies to these questions will be posted on the County portal as well.

http://www.washcopurch.com/biz

NW Turk Road ii Project # 100762

PROJECT STAFF WILL ONLY RESPOND TO QUESTIONS SUBMITTED IN

WRITING.

Naomi Vogel, Project Manager 1400 SW Walnut St, MS #18 Hillsboro, OR 97123-5625 Phone: 503-846-7914

Kira Furby, Engineering Associate 1400 SW Walnut St, MS #18 Hillsboro, OR 97123-5625 Phone: 503-969-7990

NW Turk Road iii Project # 100762

PREVAILING WAGE RATES

Prevailing Wage Rates are hereby incorporated into these Specifications by reference, and the text for these publications are available on BOLI’s website at:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The applicable publications are:

• October 5, 2024 – Definitions of Covered Occupations for Public Works Contracts

• January 5, 2026 – Prevailing Wage Rates for Public Works Contracts

• February 18, 2026 – Apprenticeship Rates

• February 18, 2026 – Prevailing Wage Rates Amendment

You may also request a copy of the rules by calling the Bureau of Labor and Industries directly.

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

NW Turk Road iv Project # 100762

NON-FIELD TESTED MATERIALS

Non-Field Tested Materials are hereby incorporated into these specifications by reference and are available by visiting the Oregon Department of Transportation website at:

http://www.oregon.gov/ODOT/Construction/Pages/Structure-Services.aspx http://www.oregon.gov/ODOT/Construction/Pages/Structure-Services.aspx

SPECIAL PROVISIONS

2026.03.23 12:01:46-07'00'

NW Turk Road 1 Project Number 100762 Bridge Replacement (#671374) Bid Number 2026.035-LUT CPS

TABLE OF CONTENTS FOR SPECIAL PROVISIONS

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

SECTION 00140 - SCOPE OF WORK

SECTION 00150 - CONTROL OF WORK

SECTION 00160 - SOURCE OF MATERIALS

SECTION 00165 - QUALITY OF MATERIALS

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 00180 - PROSECUTION AND PROGRESS

SECTION 00190 - MEASUREMENT OF PAY QUANTITIES

SECTION 00195 - PAYMENT

SECTION 00196 - PAYMENT FOR EXTRA WORK

SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK

SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS

SECTION 00210 - MOBILIZATION

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC

CONTROL

SECTION 00222 - TEMPORARY TRAFFIC CONTROL SIGNS

SECTION 00223 - WORK ZONE TRAFFIC CONTROL LABOR AND VEHICLES

SECTION 00224 - TEMPORARY TRAFFIC CHANNELIZING DEVICES

SECTION 00226 - TEMPORARY ROADSIDE BARRIERS AND IMPACT

ATTENUATORS

SECTION 00280 - EROSION AND SEDIMENT CONTROL

SECTION 00290 - ENVIRONMENTAL PROTECTION

SECTION 00305 - CONSTRUCTION SURVEY WORK

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS

SECTION 00320 - CLEARING AND GRUBBING

SECTION 00330 - EARTHWORK

SECTION 00331 - SUBGRADE STABILIZATION

SECTION 00350 - GEOSYNTHETIC INSTALLATION

SECTION 00390 - RIPRAP PROTECTION

SECTION 00405 - TRENCH EXCAVATION, BEDDING, AND BACKFILL

SECTION 00440 - COMMERCIAL GRADE CONCRETE

SECTION 00445 - SANITARY, STORM, CULVERT, SIPHON, AND IRRIGATION

PIPE

SECTION 00480 - DRAINAGE CURBS

SECTION 00501 - BRIDGE REMOVAL

SECTION 00510 - STRUCTURE EXCAVATION AND BACKFILL

SECTION 00520 - DRIVEN PILES

SECTION 00530 - STEEL REINFORCEMENT FOR CONCRETE

SECTION 00540 - STRUCTURAL CONCRETE

SECTION 00550 - PRECAST PRESTRESSED CONCRETE MEMBERS

SECTION 00564 - FALL ARREST SYSTEM

SECTION 00585 - EXPANSION JOINTS

SECTION 00587 - BRIDGE RAILS

SECTION 00596D - SHEET PILE RETAINING WALLS

SECTION 00641 - AGGREGATE SUBBASE, BASE, AND SHOULDERS

NW Turk Road 2 Project Number 100762

SECTION 00730 - EMULSIFIED ASPHALT TACK COAT

SECTION 00738 - SAFETY EDGE

SECTION 00744 - ASPHALT CONCRETE PAVEMENT

SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES

SECTION 00810 - METAL GUARDRAIL

SECTION 00842 - FACILITY IDENTIFICATION MARKERS

SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS

SECTION 01030 - SEEDING

SECTION 01070 - MAILBOX SUPPORTS

SECTION 02001 - CONCRETE

SECTION 02030 - SUPPLEMENTARY CEMENTITIOUS MATERIALS

SECTION 02050 - CURING MATERIALS

SECTION 02080 - GROUT

SECTION 02320 - GEOSYNTHETICS

SECTION 02510 - REINFORCEMENT

SECTION 02560 - FASTENERS

SECTION 02630 - BASE AGGREGATE

SECTION 02910 - SIGN MATERIALS

NW Turk Road 3 Project Number 100762

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

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

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

• B2Gnow washcopurch.mwdbe.com/?TN=washcopurch

• EquipmentWatch www.equipmentwatch.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

• ODOT Oregon Trucking Online - "Highway Restriction Notice - Size and/or Weight"

(Form No. 734-2357) https://www.oregon.gov/odot/Forms/2ODOT/7342357.pdf

• 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

• 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 http://www.atssa.com/ http://www.equipmentwatch.com/ http://www.oregon.gov/odot/construction/pages/index.aspx http://www.oregon.gov/ODOT/Construction/Pages/Qualified-Products.aspx http://www.oregon.gov/ODOT/Business/Pages/Steel.aspx https://www.oregon.gov/odot/Forms/2ODOT/7342357.pdf http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx http://www.oregon.gov/ODOT/Business/Procurement/Pages/NOI.aspx http://www.oregon.gov/odot/business/procurement/pages/bid_award.aspx http://www.oregon.gov/ODOT/Engineering/Pages/Work-Zone.aspx http://www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx

NW Turk Road 4 Project Number 100762

• Oregon Legislative Counsel www.oregonlegislature.gov/lc

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

• OregonBuys https://oregonbuys.gov/bso/view/login/login.xhtml

• OpenGov Procurement

• ProjectTeam app.projectteam.com/User#/user-login

00110.10 Abbreviations - Add the following:

BCC - Board of County Commissioners DLUT - Department of Land Use and Transportation ECATS - Washington County Electronic Contract Administration and Tracking

System

Delete the following paragraph:

DBE - Disadvantaged Business Enterprise

00110.20 Definitions - Add or modify the following:

Bid Booklet - Delete this definition.

Bid Documents - Replace with the following:

The 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 County Engineer 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 http://www.oregonlegislature.gov/lc https://oregonbuys.gov/bso/view/login/login.xhtml

NW Turk Road 5 Project Number 100762 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.

Invitation to Bid - The Bid Document that describes the Work to be done on the Project and contains instructions for prospective Bidders to bid on the Project.

Materials on Hand - Acceptable Materials that have been delivered and stored at the project site, to be incorporated into the Work.

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:

00120.00 Prequalification of Bidders - Add the following bullet to the end of the bullet list:

• If delivered by electronic mail, the application shall be sent to:

ODOTProcurementOfficeConstruction@odot.oregon.gov

Replace the bullet that begins “If delivered by mail…” with the following bullet:

• If delivered by mail or parcel delivery service, the application shall be sent to:

NW Turk Road 6 Project Number 100762

Oregon Department of Transportation Procurement Construction Contracts, MS #33 355 Capitol Street NE Salem, OR 97301

00120.01 General Bidding Requirements - Replace this subsection, except the subsection number and title, with the following:

Bidders may only submit Bids electronically using OpenGov Procurement website (see 00110.05(e)), Bidders shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/signup.

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 - Replace this subsection with the following:

00120.05 Request for Bid Documents - Bid Documents may be obtained only via the OpenGov Procurement 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 this subsection with the following:

00120.10 Bid Documents - The Bid Documents may include, but are not limited to:

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

• Part 1.0, "Bid Information"

• Signature Page

• Bid Guaranty Form

• First-tier Subcontractors Disclosure Form

• Part 2.0, "Contract Forms"

• Contract Agreement

• Performance Bond

• Payment Bond

• Selection of Retainage Option

• Retainage Bond

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

• Project Information

• Prevailing Wage Rates

• Non-Field Tested Materials Acceptance Guide https://procurement.opengov.com/signup

NW Turk Road 7 Project Number 100762

• 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", 2024 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)

00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be Encountered - Add the following to the end of this subsection:

Certain Specifications included in the Project require additional experience or personnel qualifications. Refer to the subsection requirements that may affect bidding considerations, including but not limited to the following:

Subsection Title

00540.30 Personnel Qualifications

00585.30 Personnel Qualifications

01030.30 Personnel Qualifications

00120.16 Material, Equipment, and Method Substitutions - Replace this subsection, except for the subsection number and title, with the following:

Bidders shall not submit proposals for substitute Materials or services. Proposals for substituting Materials or services will only be accepted after the Agency has executed the Contract. Substitution after Contract execution is specified in 00180.31(b), 00180.31(c), and 00180.31(d).

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 OpenGov Procurement website (see 00110.05(e)).

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

In the third paragraph, in the sentence that begins "Bids may be…" replace "ODOT eBIDS" with " OpenGov Procurement ".

Delete the fourth paragraph that begins "In the event that access…".

NW Turk Road 8 Project Number 100762

00120.40(a) General - Replace this subsection, except the subsection number and title, with the following:

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

00120.40(b) Bidding Considerations - Add the following to the end of the list:

00170.89 Protection of Utility, Fire-Control, and Railroad Property and

Service; Repair; Roadway Restoration

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 Guaranty 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 to the address below, and postmarked before the time of Bid Opening given in the Bid Documents. 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.

Washington County Department of Land Use and Transportation Attn: Finance Team Capital Project Services - MS 18 1400 SW Walnut Street

NW Turk Road 9 Project Number 100762

Hillsboro, OR 97123

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(f) Disclosure of First-Tier Subcontractors - Replace this subsection, except for the subsection number and title, with the following:

If a Bidder's Bid on a public improvement Project 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 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:

• Name of the Subcontractor

• Dollar amount of the subcontract

• Category of Work that the Subcontractor would be performing

If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. An incomplete form will be cause for rejection of the Bid.

The First Tier Subcontractors Disclosure Form shall be completed and submitted electronically using only one of the following two options:

1. Submit with Bid using OpenGov Procurement website, OR

2. Submit via a linked project solicitation on the OpenGov Procurement website. This solicitation will be activated at the time of Bid Opening and will only be accessible for two hours. The title of this website page will be the project name along with the words “First-Tier Subcontractors Disclosure Form Submittal”.

The Agency is not responsible for partial, failed, illegible or partially legible submittals, and such forms may be rejected as incomplete. First Tier Subcontractors Disclosure forms submitted by email, by fax, or in person, will not be accepted.

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:

NW Turk Road 10 Project Number 100762

Bids shall be submitted electronically using OpenGov Procurement 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 OpenGov. 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 OpenGov 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 OpenGov up to the time of Bid Closing.

A Bidder may withdraw its Bid after it has been uploaded to OpenGov 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 Microsoft Teams.

A link to the online bid opening will be posted on the OpenGov Procurement 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:

NW Turk Road 11 Project Number 100762

• 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:

• The Bidder has failed to comply with all requirements of OpenGov.

Replace the last bulleted item which begins "The Bidder has liquidated…" with the following:

• The Bidder has liquidated and delinquent debt owed to Washington County or any department or agency of the County.

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.

Delete the bullet that begins “The Bidder has not complied with the DBE…”.

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 "In determining whether…" with the following:

In determining whether the Bidder is responsible, the Agency may also consider whether the Bidder has liquidated and delinquent debt owed to Washington County or any department or agency of the County.

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 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

NW Turk Road 12 Project Number 100762 with Section No. 5 of the Preface “Protest of Award - Protests and Judicial Review of Contract Award” in the Project Page on the OpenGov Procurement 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:

• Special Provisions

• Addenda

• Schedule of Items

• Contract Agreement

• Performance Bond

• Payment Bond

• Certification of workers' compensation coverage

00130.40 Contract Submittals - Add the following paragraph to the end of this subsection:

The Agency, in its sole discretion, may require execution of documents identified in subsections (a), (b) and (c) with a form of electronic signature (including but not limited to sealing and signing) acceptable to the Agency.

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(e), the successful Bidder shall provide evidence of such insurance coverage acceptable to the Agency.

00130.40(f) Selection of Retainage Option - The successful Bidder shall furnish the Agency the completed and signed Selection of Retainage Option form.

00130.50 Execution of Contract and Bonds - Add the following paragraph to the end of this subsection:

The Agency, in its sole discretion, may require execution of documents identified in subsection (a) with a form of electronic signature (including but not limited to sealing and signing) 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

NW Turk Road 13 Project Number 100762 electronically for an electronic signature, the Bidder shall review, electronically sign, and return the contract document within 3 days.

The successful bidder agrees that Bonds will be dated effective the same day as the contract.

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".

00130.90 Notice to Proceed - Replace “5 Calendar Days” with “21 Calendar Days”.

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 paragraph after 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

NW Turk Road 14 Project Number 100762

• 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.

00150.30 Delivery of Notices - Replace the words “Doc Express” with “ProjectTeam” In the two bulleted items following the paragraph that begins with "Following Notice to Proceed, all notices…".

00150.50(b) Agency Responsibilities - Replace this subsection, except for the subsection number and title, with the following:

During the design of this Project, the Agency made preliminary contacts with Utilities to make them aware of anticipated Agency Work within the limits of the project, how it may affect their facilities, and instructed the utilities to make arrangements to relocate their facilities that are known to be in conflict with anticipated Agency work. The Agency has listed in 00150.50(f) the known utilities, their owners, and contact information. The Plans will not normally show the anticipated new location of utilities that have been or will be adjusted.

00150.50(c) Contractor’s Responsibilities - Add the following bullets to the end of the bulleted list:

• 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.

• Check on-site locations of each Utility against known location data, if any, and notify the Utility of any discrepancies before starting the Work.

• Pothole underground utilities 200 feet in advance of all ground disturbing Work and provide the Agency with the pothole data by the end of the shift the data is collected.

Pothole data supplied to the Agency shall include the pipe/conduits material type, size, elevations of top and bottom of the pipe/conduits/duct banks, and station with offset of each data point. The Contractor shall notify the Agency of any conflicts with proposed facilities.

Add the following:

The Contractor shall submit a written Utility Coordination Report to the Engineer not later than five Calendar Days prior to the preconstruction conference. The Utility Coordination Report shall:

NW Turk Road 15 Project Number 100762

• Identify each specific utility;

• Identify utility contact names and numbers;

• Identify dates for utility scheduling for the entire project;

• Contain documents showing that the Contractor has accomplished utility locates; and

• Contain documents showing that utility locates, along with applicable construction activities; have been reviewed and discussed on-site with utility representatives.

The Contractor shall hold monthly utility coordination meetings with utilities and the Engineer to coordinate project activities with utilities and on-going utility relocation work.

The Contractor shall hold monthly utility coordination meetings in the office or in the field, as appropriate. The utility coordination meetings shall include, but not be limited to:

• Detailed discussions of existing and abandoned utilities,

• Detailed discussions of critical locations for potholing of utilities,

• Detailed discussions about the contractors potholing schedule,

• Detailed discussions of project activities, and

• Detailed discussions of on-going utility relocations in upcoming project activity areas.

During the monthly utility coordination meetings, the utilities will provide utility drawings and discuss the scope, extent, locations, and significance of all utility facilities before the Contractor begins work in a new activity area. The Contractor shall incorporate this information into the project schedules and furnish the utilities copies of the updated project schedules.

The Contractor shall plan and schedule all utility adjustment operations well in advance of On-Site Work. When the Contractor becomes aware of utility conflicts not previously identified, notify the applicable utilities in writing the same Calendar Day.

In accepting the above responsibilities, both stated and implied, the Contractor understands that it is highly likely that there will be interfering utilities, i.e. service laterals, drains, pipe and conduits (ducts), and related structures which are not shown or are not accurately indicated on the Plans or have not been previously discovered at the project site.

Utilities that are in the way of or in close proximity to the work, known as potential conflicts, may require a change in the Contractor's operations and should be reflected in the Contractor's Bid and in the project schedule.

Locating, such as potholing, excavations, or boring, deemed necessary to determine the exact locations(s) of any utility which may interfere with the work shall be done prior to the start of construction at no additional cost to the Agency unless otherwise indicated or provided for in these Contract Documents.

00150.50(d) Delays - Replace subsection, except for the number and title, with the following:

NW Turk Road 16 Project Number 100762

Existing utilities may affect the work causing additional time or cost. Reasonable delays or resulting cost increases will be considered as part of the normal progress of work and will not be cause for extra compensation to the Contractor. The Contractor agrees to provide for a reasonable amount of additional time or cost in the Bid.

Add the following subsection:

00150.50(g) Utility Information (Anticipated Relocations) - Contact those utilities having buried facilities and request that they locate and mark them for their protection prior to construction. The Utilities notification system telephone number is 811 or (800) 332-2344.

The organizations listed in Table 00150-2 may be adjusting Utilities within the limits of the Project during the period of the Contract.

Table 00150-2

Utility

Contact Person's Name, Address, Email, and Phone Number

1.

Portland General Electric Chris Davenport

Chris.davenport@pgn.com 503-329-3657

2.

Ziply Chase Clark

Chase.clark1@ziply.com 971-910-1485

Energized power lines overhang portions of the Work with a minimum vertical clearance of 18 feet. Contractor shall maintain at least 10 feet of safety clearance.

This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344).

00150.60(a) Load and Speed Restrictions for Construction Vehicles and Equipment - Add the following bullet to the end of the bullet list:

• The Contractor shall restrict the combined weights of construction vehicles, Equipment, and Materials on Bridges according to 00220.45.

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.

mailto:Chris.davenport@pgn.com mailto:Chase.clark1@ziply.com

NW Turk Road 17 Project Number 100762

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 00160 - SOURCE OF MATERIALS

Comply with Section 00160 of the Standard Specifications modified as follows:

00160.01(a) All Materials - Delete the paragraph that begins "The Contractor shall identify if the material source…".

Delete the paragraph that begins "For this purpose…".

00160.20(a) Buy America - Delete this subsection.

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 MFTP for Type D projects.

00165.35(e) Certificate of Origin of Construction Materials - Replace this subsection, except for the subsection number and title, with the following:

When a certificate of material origin for construction materials is specified, complete the form furnished by the Engineer as required by 00160.20(d) for Federal-aid projects.

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 " The Contractor shall comply with all laws, ordinances, …" with the following paragraph:

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.

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

NW Turk Road 18 Project Number 100762

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:

• 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.

00170.08 Electronic Document Management - Replace this subsection, except for the

The requirements of this Subsection do not apply to claims. Claims must be submitted on paper documents according to Section 00199.

For the purposes of this section, Electronic Document Software includes, but is not limited to:

• ProjectTeam

• B2GNow

• DocuSign

Following Notice to Proceed, the Contractor shall submit all documents for this Contract to the Agency in an electronic format using Electronic Document Software as specified or as otherwise directed by the Engineer. 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 Electronic Document Software for itself and for Subcontractors, Suppliers, vendors and other third parties. Only documents submitted by the Contractor and recorded in Electronic Document Software as received will be considered valid and received by the Agency. The Contractor shall 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 Electronic Document Software, unless otherwise allowed or directed by the Engineer. Following Notice to Proceed, the Contractor shall use Electronic Document Software to submit documents to

NW Turk Road 19 Project Number 100762 the Agency, and the Agency will use Electronic Document Software to submit documents to the Contractor.

The Contractor shall comply with naming conventions, file structure, and other Electronic Document Software 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 Electronic Document Software, 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 Electronic Document Software 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.

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 Electronic Document Software 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 Electronic Document Software for any Entity or individual at any time.

Use and access for Electronic Document Software is provided “as is”. The Agency does not warrant that access to or functioning of Electronic Document Software 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 Electronic Document Software 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 Electronic Document Software, without notice, because of maintenance, repair or any other reason deemed necessary for the proper functioning of Electronic Document Software by the Agency or by the Electronic Document Software 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

NW Turk Road 20 Project Number 100762 but not limited to attorney fees, of whatsoever nature, resulting from or arising out of the use of Electronic Document Software 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 Electronic Document Software 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 Electronic Document Software.

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 Electronic Document Software 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 Electronic Document Software 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 Electronic Document Software, 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;

• Electronic Document Software 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 Electronic Document Software 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 Electronic Document Software, 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 Electronic Document Software, 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 Electronic Document Software, 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.

NW Turk Road 21 Project Number 100762

If my authorized use of and access to Electronic Document Software includes submitting documents into Electronic Document Software (or “read-write” access), I will not submit any documents or information into Electronic Document Software 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 Electronic Document Software, 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 Electronic Document Software. 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…