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City of Gresham Project Special Provisions PROJECT: 181st Ave Safety Upgrades: SE Stark St to E Burnside St (REV 06/2026)

TABLE OF CONTENTS FOR SPECIAL PROVISIONS

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS

SECTION 00120 – BIDDING REQUIREMENTS AND PROCEDURES

SECTION 00195 – PAYMENT

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 00224 - TEMPORARY TRAFFIC CHANNELIZING DEVICES

SECTION 00225 - TEMPORARY PAVEMENT MARKINGS

SECTION 00228 - TEMPORARY PEDESTRIAN AND BICYCLIST ROUTING

SECTION 00280 - EROSION AND SEDIMENT CONTROL

SECTION 00290 - ENVIRONMENTAL PROTECTION

SECTION 00299 - DECOMMISSION UNDERGROUND INJECTION CONTROL SYSTEMS

SECTION 00305 - CONSTRUCTION SURVEY WORK

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS

SECTION 00320 - CLEARING AND GRUBBING

SECTION 00350 - GEOSYNTHETIC INSTALLATION

SECTION 00405 - TRENCH EXCAVATION, BEDDING, AND BACKFILL

SECTION 00440 - COMMERCIAL GRADE CONCRETE

SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS

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

SECTION 00470 - MANHOLES, CATCH BASINS, AND INLETS

SECTION 00490 - WORK ON EXISTING SEWERS AND STRUCTURES

SECTION 00620 - COLD PLANE PAVEMENT REMOVAL

SECTION 00640 - AGGREGATE BASE AND SHOULDERS

SECTION 00730 - EMULSIFIED ASPHALT TACK COAT

SECTION 00744 - ASPHALT CONCRETE PAVEMENT

SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES

SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES

SECTION 00765 - TACTILE SURFACE INDICATORS

SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS

SECTION 00855 - PAVEMENT MARKERS

SECTION 00856 - SURFACE MOUNTED TUBULAR MARKERS

SECTION 00860 - LONGITUDINAL PAVEMENT MARKINGS - PAINT

SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE

SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS

SECTION 00869 - CURB AND NON-TRAVERSABLE MEDIAN MARKINGS

SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS

SECTION 00920 - SIGN SUPPORT FOOTINGS

SECTION 00930 - METAL SIGN SUPPORTS

SECTION 00940 - SIGNS

SECTION 00950 - REMOVAL OF ELECTRICAL SYSTEMS

SECTION 00960 - COMMON PROVISIONS FOR ELECTRICAL SYSTEMS

SECTION 00962 - METAL ILLUMINATION AND TRAFFIC SIGNAL SUPPORTS

SECTION 00970 - HIGHWAY ILLUMINATION

SECTION 00987 - TELECOMMUNICATIONS

SECTION 00990 - TRAFFIC SIGNALS

SECTION 00990 - TRAFFIC SIGNALS, RAMP METERS, FLASHING BEACONS, INTERCONNECT

SYSTEMS & AUTOMATIC TRAFFIC RECORDERS

SECTION 01010 - STORMWATER CONTROL, STORMWATER TREE WELLS

SECTION 01030 - SEEDING

SECTION 01040 - PLANTING

SECTION 01070 - MAILBOX SUPPORTS

SECTION 01095 - SITE FURNISHINGS

SECTION 01120 - IRRIGATION SYSTEMS

SECTION 01280 – UNDERGROUND UTILITY SYSTEM

SECTION 02001 - CONCRETE

SECTION 02415 - PLASTIC PIPE

SECTION 02450 – MANHOLE AND INLET MATERIALS

SECTION 02510 - REINFORCEMENT

SECTION 02530 – STRUCTURAL STEEL

SECTION 02560 - FASTENERS

SECTION 02630 – BASE AGGREGATE

SECTION 02690 – PCC AGGREGATES

SECTION 02926 - HIGHWAY ILLUMINATION MATERIALS

SECTION 03020 - EROSION MATERIALS

All special provisions listed shall be in addition to the Standard Specification, as applicable, unless specifically stated that the modification is a deletion or modification of the section.

Comply with the referenced Standard Specifications except modified as follows:

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

Comply with Section 00110 of the General Conditions for Construction for the City of Gresham 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

EquipmentWatch www.equipmentwatch.com

City of Gresham Purchasing https://greshamoregon.gov/Purchasing/

City of Gresham Procurement Portal https://greshamoregon.bonfirehub.com

City of Gresham Traffic Signals Blue, Green, and Yellow Sheets https://greshamoregon.gov/Transportation-Division/ (under Traffic Signals)

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 Construction Surveying Manual for Contractors www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual- Contractors.pdf

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 http://www.atssa.com/ https://greshamoregon.gov/Purchasing/ https://greshamoregon.bonfirehub.com/ https://greshamoregon.gov/Transportation-Division/

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

00110.10 Abbreviations – Add the following abbreviation to the end of this subsection:

PCD - Pedestrian Channelizing Device

Delete the following abbreviation:

DBE - Disadvantaged Business Enterprise

00110.20 Definitions – Replace the paragraph beginning “Bid Booklet – The version that can be accessed and printed from…” with the following paragraph:

Bid Booklet – The electronic version included in the Solicitation Documents to be downloaded from the City of Gresham Procurement Portal that contain the information identified in 00120.10, (see 00110.05(e)).

Add the following paragraphs to the end of this subsection:

City of Gresham Procurement Portal - The online platform owned by Euna Solutions that the City of Gresham utilizes to post all Solicitation Documents, receive secure Bids and electronic Bid Bonds, and publish public documents including Notices of Intent to Award. The City of Gresham home page address is listed in the Special Provisions (see 00110.05(e)).

Materially Unbalanced Bid - A Bid which generates a reasonable doubt that Award to the Bidder submitting a Mathematically Unbalanced Bid will result in the lowest ultimate cost to the Agency.

Mathematically Unbalanced Bid - A Bid containing lump sum or unit Pay Items (bid items) which do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs and other indirect costs.

Pedestrian Accessible Route - An area for the use of pedestrians to navigate along sidewalks, driveways, curb ramps, crossings, and pedestrian facilities.

Pedestrian Channelizing Device - Devices used for channelizing pedestrians along a Temporary Pedestrian Accessible Route.

SECTION 00120 – BIDDING REQUIREMENTS AND PROCEDURES

Comply with Section 00120 of the General Conditions for Construction for the City of Gresham

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

All Bids shall be submitted through the internet (electronically) using the City of Gresham Procurement Portal before the submittal deadline listed in the Notice to Contractors.

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, except for the subsection number and title, with the following:

Bidding documents are available in electronic form only and may be obtained at no charge from the City of Gresham Procurement Portal.

00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be Encountered – Replace the paragraph beginning “Any clarification of Plans and Specifications needed by the bidder…” with the following paragraph:

Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing through the Public Question and Answer (Q&A) section in the City of Gresham Procurement Portal for the specific project. Requests shall be made in sufficient time for the Agency’s reply to reach all Bidders before Bid Closing. Any other explanations or interpretations given before receiving Bids for a Project will not be binding.

The ability for Bidders to submit questions through the City of Gresham Procurement Portal automatically ends at 12:00 pm local time on the Thursday immediately prior to the Bid Closing.

To be binding, interpretation of the Plans and Specifications by the Agency must be made by written addendum posted on the City of Gresham Procurement Portal.

Notification of erroneous or incomplete Plans or Specifications shall also be submitted to the Engineer. Such notification shall also be made in sufficient time for the Agency to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing.

00120.16(a) Written Request – Replace this subsection, except for the subsection number and title, with the following:

Unless Specified as the subject of an exemption per ORS 279C.345, if a Bidder proposes to use Materials, Equipment, products and/or methods, the Bidder shall submit a request through the Public Q&A section of the City of Gresham Procurement Portal for the specific project at least 7 Calendar Days prior to Bid Opening, including complete descriptive and technical information on the proposed Materials, Equipment, products and/or methods

00120.16(f) Notification of Holders of Bidding Plans – Replace this subsection title, with the following:

00120.16(f) Notification of Substitution

00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids – Replace this subsection, except for the subsection number and title, with the following:

The Agency reserves the right to issue Addenda making changes or corrections to the Plans, Specifications, or quantities. Addenda will be posted on the City of Gresham Procurement Portal prior to Bid Closing. The Agency will not be responsible for failure of Bidders to receive Addenda set as described in this paragraph. Bids shall incorporate all Addenda. Bids may be rejected if opened and found by the Agency to not be based on all Addenda issued before Bid Closing.

00120.40(a)(1) Paper Bids – Replace this subsection, except for the subsection number and title, with the following:

Paper Bidding is not available.

00120.40(a)(2) Electronic Bids – Replace this subsection, except for the subsection number and title, with the following:

All Bids shall be prepared electronically using the City of Gresham Procurement Portal.

00120.40(c)(1) Paper Bid Schedule Entries – Replace this subsection, except for the subsection number and title, with the following:

Paper Bidding is not available.

00120.40(c)(2) Electronic Bid Schedule Entries – Replace this subsection, except for the subsection number and title, with the following:

Bidders shall enter the unit price for each of the separate Bid Items listed. The unit price shall be greater than zero, shall contain no more than two decimals to the right of the decimal point, and shall be expressed in U.S. dollars and cents (for example, $150.25 or $0.37).

00120.40(e)(1) Bid Guaranty with Paper Bids – Replace this subsection, except for the subsection number and title, with the following:

Paper Bidding is not available.

00120.40(e)(2) Bid Guaranty with Electronic Bids – Replace this subsection, except for the subsection number and title, with the following:

For Bids submitted electronically, the Bidder may choose to submit an electronic Bid Bond or a paper Bid guaranty prior to the time of Bid Closing, as follows:

• The electronic Bid Bond which is part of the digitally signed electronic Bid Booklet. This electronic Bid Bond shall include the approved Bond ID number issued by the Surety and shall be submitted by the Bidder prior to the time of Bid submission given in the Bid Booklet; or

• A Bid Bond form which is part of the electronic Bid Booklet may be printed and then filled out.

The printed Bid Bond form, with original signatures and the Surety's seal affixed, shall be submitted by mail, delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid Booklet. Alternately, 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(5)), it shall be submitted by mail, delivery service, or hand delivered to the offices and addresses, and at the times given in the Bid Booklet.

00120.40(f) Disclosure of First-Tier Subcontractors – Replace the paragraph beginning “If no subcontracts subject to the above…” with the following paragraph:

If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. Failure to submit a form or submission of a form that does not include the information required by ORS 279C.370 for each Subcontractor listed, specifically the name of each Subcontractor, the dollar amount of each subcontract and the category of Work that each Subcontractor will perform, will result in the rejection of the Bid.

The Agency is not required to determine the accuracy or the completeness of the Subcontractor disclosure. See ORS 279C.370 and OAR 731-005-0420.

00120.40(f)(1) Disclosure with Paper Bids - Replace this subsection, except for the subsection number and title, with the following:

Paper Bidding is not available.

00120.40(f)(2) Disclosure with Electronic Bids - Replace this subsection, except for the subsection number and title, with the following:

The Subcontractor Disclosure Form may be submitted for an electronic Bid either by:

• Uploading as an attachment in the Public Q&A section of the City of Gresham Procurement

Portal.

• Submitted by mail, delivery service, or hand delivered to the Agency Project Manager

• Submitted by email to the Agency Project Manager

Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the Agency within 2 working hours of the time designated for receiving Bids.

The Agency is not responsible for partial, failed, illegible or partially legible email transmissions or submittals, and such forms may be rejected as incomplete.

In the event that multiple Subcontractor Disclosure Forms are submitted, the last version received prior to the deadline will be considered to be the intended version.

00120.70 Rejection of Nonresponsive Bids – Delete the bullet that begins “The Bidder has not complied with the DBE...”

Replace the following bullet that begins “The Bid is submitted on document not obtained…” with:

• The Bid is submitted on documents not obtained directly from the City of Gresham Procurement Portal.

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

• The Bid is found to be Mathematically Unbalanced and Materially Unbalanced.

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

Comply with Section 00130 of the General Conditions for Construction for the City of Gresham

00130.00 Consideration of Bids - Replace the paragraph that begins “The Agency reserves…” with the following paragraph:

The Agency reserves the right to waive minor informalities and irregularities, seek clarification of any Bid or response that, in its sole discretion, it deems necessary or advisable, and to reject any Bids for irregularities under 00120.70 or all bids for good cause after finding that it is in the public interest to do so (ORS 279C.395). The Agency may correct obvious clerical errors, when the correct information can be determined from the face of the documents, if it finds that the best interest of the Agency and the public will be served thereby.

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

The Agency will provide the Notice of Intent to Award to the Bidders electronically on the City of Gresham Procurement Portal.

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 complete and sign the "Certification of Workers' Compensation Coverage" form bound in the Contract booklet.

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.

SECTION 00150 – CONTROL OF WORK

Comply with Section 00150 of the General Conditions for Construction for the City of Gresham

00150.15(b) Agency Responsibilities - Replace this subsection, except for the subsection

The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.5 (see Section 00305).

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

The Contractor shall perform the Contractor responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305).

The Contractor shall perform slope staking including intersections and set stakes defining limits for clearing which approximate Right-of-Way and easements.

00150.50(c) Contractor’s Responsibilities – Replace the bullet that begins “In addition to the notification required…” with the following bullet:

• In addition to the notification required in OAR 952-001-0090(7), notify the Engineer and the

Utility as soon as the Contractor discovers any previously unknown Utility conflicts or issues.

Contrary to the OAR, stop excavating until directed by the Engineer and allow the Utility a minimum of two weeks to relocate or resolve the previously unknown Utility issues; and

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

• Hold a Utility scheduling meeting and monthly Utility coordination meetings (see also 00180.42)

Add the following subsection to subsection 00150.50:

00150.50(f) Utility Information – The following organizations have Utilities within the limits of the project that could but are not anticipated to need adjusting during the period of the Contract. The Contractor shall coordinate with the Utility to schedule any unanticipated relocation required.

Utility Contact Person Name and Phone Number

None N/A N/A

The following organizations have Utilities within the limits of the project that will need to be adjusted during the period of the Contract. Contractor shall coordinate with the Utility to schedule the relocation. The utility relocations and/or adjustments are anticipated to take three or four working days each, however, the actual duration of relocations and/or adjustments will be proportional to the complexity of the work to be done.

Utility Contact Person Name and Phone Number

Portland General Electric Brian Patterson

Brian.Patterson@pgn.com 503-763-5612

NW Natural Gas Brock Inman

Brock.Inman@nwnatural.com 971-979-6869

Rockwood PUD Jeremy Hanson

Jhanson@rwpud.org 503-665-4170

Ziply Rui Wu

Rui.Wu1@ziply.com 971-990-7269

Comcast Nick Houghton

Nick_Houghton@comcast.com 855-237-7896

Astound Steve Gooding

Steven.Gooding@astound.com 971-303-3875

MCI Metro Ian Lambie Ian.Lambie@verizon.com 503-867-2758

Verizon Wireless Ellen Evans

Ellen.Evans@verizon.com 408-724-0389

SECTION 00160 - SOURCE OF MATERIALS

Comply with Section 00160 of the General Conditions for Construction for the City of Gresham

00160.01(a) All Materials – Replace the paragraph that begins “The Contractor shall identify . .

. “ with the following paragraph:

When the estimated value is over $10,000, the Contractor shall submit a copy of the materials purchase order or supply agreement.

Delete the paragraph that begins “For this purpose. . .”

00160.20(d) Build America Buy America Act Requirements – Replace this subsection, except for the subsection number and title, with the following:

If federal highway funds are involved on the Project, the Contractor shall comply with the Build America Buy America Act and implementing regulations (Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”).

Pub. L. No. 117-58, Sections 70901-70941).

The Build America Buy America Act requirements apply to construction materials and manufactured products permanently incorporated in the Project. All construction materials and manufactured products permanently incorporated in the Project must be produced in the United States.

Construction materials include an article, Material, or supply that is or consists primarily of only one of the following, with the standard for the material to be considered ‘‘produced in the United States’’:

• Non-ferrous metals - All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.

• Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables) - All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.

• Glass (including optic glass) - All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.

• Fiber optic cable (including drop cable) - All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.

• Optical fiber - All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States.

• Lumber - All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.

• Drywall - All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.

• Engineered wood - All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

The classification of an article, material, or supply as construction material is based on its status at the time it is brought to the work site for incorporation in the Project. In general, the work site is the location of the Project at which the construction materials will be incorporated.

FHWA issued a final rule on January 14, 2025 amending FHWA's Buy America regulation to terminate FHWA's general waiver for manufactured products and establish Buy America requirements for manufactured products with respect to Federal-aid highway projects.

https://www.federalregister.gov/documents/2025/01/14/2024-31350/buy-america-requirements-for-manufactured-products

Manufactured products assembled outside the Project Site are also subject to the Build America Buy America requirements. Manufactured products means articles, materials, or supplies that have been:

• Processed into a specific form and shape; or

• Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.

For manufactured products, the final assembly of the product shall occur within the United States for projects obligated on or after October 1, 2025. For projects obligated after October 1, 2026, the cost of the components of the product that are mined, produced or manufactured in the United States shall be more than 55 percent of the total cost of all components of the product.

The USDOT issued a Public Interest Waiver for De Minimis Costs and Small Grants. The final waiver can be viewed here: https://www.federalregister.gov/documents/2023/08/16/2023- 17602/waiver-of-buy-america-requirements-for-de-minimis-costs-and-small-grants and this waiver applies to Materials covered by the Build America Buy America Act.

The public interest waiver is for manufactured products and construction materials for which:

• The total value of the non-compliant products (foreign or unknown origin) is no more than the lesser of $1,000,000 or 5% of total applicable costs for the project*; or

• The total amount of Federal financial assistance applied to the project, through awards or subawards, is below $500,000.

https://www.federalregister.gov/documents/2025/01/14/2024-31350/buy-america-requirements-for-manufactured-products https://www.federalregister.gov/documents/2025/01/14/2024-31350/buy-america-requirements-for-manufactured-products https://www.federalregister.gov/documents/2025/01/14/2024-31350/buy-america-requirements-for-manufactured-products https://www.federalregister.gov/documents/2023/08/16/2023-17602/waiver-of-buy-america-https://www.federalregister.gov/documents/2023/08/16/2023-17602/waiver-of-buy-america-

*The “total value of the non-compliant products” includes construction materials and manufactured products only. The “total applicable costs” includes construction materials, iron and steel, and manufactured products. The value of materials are the actual cost of the materials, not the anticipated cost of materials. Furthermore, this bullet does not apply to iron and steel subject to the requirements of 23 U.S.C. 313. The de minimis threshold in 23 CFR 635.410(b)(4) continues to apply for steel and iron. (See 00160.20(a).)

Strict compliance with the Build America, Buy America domestic preferences is required, except to the extent the above public interest waiver applies. The Contractor shall not incorporate construction materials and manufactured products in excess of this amount into the Project. All foreign origin construction materials and manufactured products incorporated in the Project in excess of the amount indicated above shall be removed and replaced with domestic construction materials at the Contractor's expense.

The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished by the Engineer, before incorporating any applicable construction materials and manufactured products into the Project. Unless a Certificate of Materials Origin has been provided to the Engineer, the products and Materials shall be considered of foreign origin.

The Contractor shall retain manufacturers' certificates verifying the origin of all applicable construction materials and manufactured products for 3 years after the date of final payment for the Project, and shall furnish copies to the Engineer upon request.

Iron and steel Materials and manufactured products that are predominately iron or steel are subject to 00160.20(a).

The Contractor shall include this provision in all subcontracts.

00160.30 Agency-Furnished Material - Add the following to the end of this subsection:

The Agency will furnish the listed items specified in 01280.04.

SECTION 00165 - QUALITY OF MATERIALS

Comply with Section 00165 of the General Conditions for Construction for the City of Gresham

00165.10(a) Field-Tested Materials - Replace this sentence that begins “Field-tested Materials will be…” with the following sentence:

Field-Tested Materials will be accepted according to the ODOT Manual of Field Test Procedures

(MFTP) for Type D Projects.

00165.10(b) Nonfield-Tested Materials – Replace this subsection, except for the subsection number and title, with the following:

Nonfield-tested Materials will be accepted according to the ODOT Nonfield Tested Materials Acceptance Guide (NTMAG), unless otherwise specified in the Contract. The NTMAG is available on the ODOT Construction Section website (see 00110.05(e)). The most current version of the NTMAG on the date of Advertisement is the version in effect for the Project.

• Rejections – The inspection at the mill, shop, or precaster of any Material, Work or finished members will not prevent subsequent rejection, if later found damaged or defective, nor relieve the Contractor of the responsibility to correct or replace the Work at no additional cost to the Agency.

• Transport – Do not ship members or piece of fabricated steel or precast member, that requires a fabrication inspection report, without the Inspector’s label or marking.

00165.91 Fabrication Inspection Expenses – Replace the table with the following table:

TABLE 00165-3

Zone Place of Fabrication Reduction in Payment 1 All of State of Oregon, and the portion of the State of Washington within 50 airline miles of Portland International Airport (PDX)

$0

2 Outside of Zone 1, and up to 250 airline miles of Portland International Airport (PDX)

$300 per Calendar Day

3 Outside of Zone 2, up to 1,000 airline miles of Portland International Airport

(PDX).

Round trip coach airfare from Portland, Oregon plus $300 per Calendar Day

4 Outside of Zone 3, or outside of the continental United States.

Round trip coach airfare from Portland, Oregon plus $500 per Calendar Day

SECTION 00170 – LEGAL RELATIONS AND RESPONSIBILITIES

Comply with Section 00170 of the General Conditions for Construction for the City of Gresham

00170.02 Permits, Licenses, and Taxes - add the following bullets to the end of the bullet list:

• Obtain written permit-of-entry from landowners for staging areas and disposal of materials outside the Project limits on non-Agency controlled land using the “Contractor

Permit-Of-Entry Certification” form included at the end of the Special Provisions. Provide copy of executed certification form to the Engineer prior to use of the land.

00170.07 Records Requirements – Replace the paragraph that begins “For purposes of this Subsection, the term...“ with the following paragraph:

For purposes of this Subsection, the term “Contractor” includes the Contractor, all Subcontractors, Material Suppliers, and providers of rented operated Equipment (except truck drivers” at all tiers, for all subcontracts with first-tier Subcontractors, all subcontracts between the first-tier Subcontractors and their Subcontractors and any other lower-tier subcontracts, and “Related Entities” as that term is defined in OAR 734-010-0400. The Material Suppliers included in this definition are those for Aggregates, asphalt cement concrete, Portland cement concrete and the supply and fabrication of structural steel items, and Material Suppliers that provide quotes.

00170.07(a) Records Required - Replace the paragraph that begins "The Contractor shall include in its subcontracts…" with the following paragraph:

The Contractor shall include in its subcontracts, purchase orders, and all other written agreements, a provision requiring all Subcontractors, Material Suppliers and providers of rented operated Equipment (except truck drivers), at all tiers, to comply with 00170.07. The Contractor shall also require all Subcontractors, Material Suppliers, and providers of rented operated Equipment (except truck drivers), at all tiers, and Related Entities to include in their contracts, purchase orders, and all other written agreements, a provision requiring all lower-tier Subcontractors, Material Suppliers and providers of rented operated Equipment (except truck drivers) to comply with 00170.07. The Material Suppliers to which this applies are those for Aggregates, asphalt cement concrete, Portland cement concrete and the supply and fabrication of structural steel items and Material suppliers that provide Material quotes and Related Entities as defined in OAR 734-010-0400.

00170.10(g) Paid Summary Report - Replace this subsection, except for the subsection number and title with the following:

The Contractor shall submit a Paid Summary Report to the Engineer certifying payments made to all of its Subcontractors.

The Paid Summary Report shall be completed on an ODOT form provided by the Engineer and submitted to the Engineer within 20 Calendar Days of receipt of payment from the Agency for each month in which payments were made to each Subcontractor.

At the completion of the Project, submit a final Paid Summary Report form that provides the total amounts paid to each Subcontractor.

The Contractor shall require each Subcontractor at every tier to comply with the requirement to submit a Paid Summary Report within 20 Calendar Days of receipt of payment for Work on the Project and submit a final Paid Summary Report that provides the total amounts paid to the Subcontractor for its Work under the subcontract at the completion of the Project or completion of its Work.

00170.61(a) Workers’ Compensation - Replace this subsection with the following subsection:

00170.61(a) Workers’ Compensation and Employer’s Liability - The Contractor shall provide workers' compensation and employer’s liability coverage for on-the-job injuries as required by 00170.70(e).

00170.70(a) Insurance Coverages – Replace the paragraph that begins “Contractor – The Contractor shall…” with the following paragraph:

Contractor - The Contractor shall obtain the insurance specified below prior to the execution of the Contract. The Contractor shall maintain the insurance in full force at the Contractor’s expense throughout the duration of the Contract and as required by an extended reporting period or tail coverage requirements, and all warranty periods that apply.

Replace the paragraph that begins “Insurance Provisions - The Contractor and Subcontractor(s), if…” with the following paragraph:

Insurance Provisions - The Contractor and Subcontractor(s), if any, shall obtain insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State and that are acceptable to the Agency. Insurance coverage shall be primary and noncontributory with any other insurance and self-insurance, with the exception of Workers’ Compensation/Employer’s Liability. The Contractor, or appropriate Subcontractor, but not the Agency, shall pay for all deductibles, self-insurance retentions and self-insurance, if any.

Replace the paragraph that begins “Commercial General Liability - The Contractor shall provide Commercial…” with the following paragraph:

• Commercial General Liability - The Contractor shall provide Commercial General Liability Insurance written on an occurrence basis and covering the Contractor’s liability for bodily injury, property damage, personal and advertising injury, products and completed operations, and contractual liability. Coverage may be written in combination with Commercial Automobile Liability Insurance with separate limits for Commercial General Liability and Commercial Automobile Liability. Combined single limit per occurrence shall not be less than the dollar amount specified in the Special Provisions. The annual aggregate limit shall not be less than the dollar amount specified in the Special Provisions. The policy shall be endorsed to state that the annual aggregate limit of liability shall apply separately to the Contract.

Add the following to the end of subsection 00170.70:

00170.70 Insurance - The following insurance requirements apply to this project:

Insurance Coverage Combined Single Limit per

Occurrence Annual Aggregate

Limit

Commercial Liability $2,000,000 $5,000,000

Commercial Automobile Liability $1,000,000 (aggregate limit not required)

Pollution Liability – with Lead Liability Endorsement or separate coverage $2,000,000 $4,000,000

Commercial Automobile Liability with Pollution Coverage

$2,000,000 (aggregate limit not required)

00170.70(b) Extended Reporting - Replace the paragraph that begins "The Contractor or Subcontractor shall…" with the following paragraph:

The Contractor or Subcontractor shall furnish certification of this extended reporting requirement as a condition to receive Third Notification under 00150.90(b) and 00180.50(g).

00170.70(c) Excess/Umbrella Liability - Replace this subsection, except for the subsection

A combination of primary and Excess/Umbrella Liability Insurance may be used to meet the required minimum limits of insurance. If any Excess/Umbrella Liability policies are in place, they must be on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying insurance. In addition, the limits of the underlying insurance must be sufficient to prevent any gap between such minimum limits and the attachment point of the coverage provided by the Excess/Umbrella Liability policy.

00170.70(e) Workers' Compensation - Replace the title of this subsection with “Workers' Compensation and Employer’s Liability”

00170.70(g) Certificate(s) of Insurance – Replace the bullet that begins “Specify that all liability insurance …" with the following bullet:

• Specify that all liability insurance coverages shall be primary and non-contributory with any other insurance and self-insurance, with exception of Workers’ Compensation/Employer’s Liability;

Replace the bullet that begins "Include a list of all policies…" with the following bullet:

• Include a list of all policies that fall under the Excess/Umbrella Liability Insurance if Excess or Umbrella Liability Insurance is used to meet the minimum insurance requirements.

00170.70(i) Insurance Requirement Review - Replace this subsection, except for the subsection number and title, with the following:

The Contractor agrees to periodic review of insurance requirements by Agency. Agency reserves the right to periodically assess risks and the adequacy of insurance coverage and in its discretion to require additional insurance coverage or increased coverage limits on existing coverages, or both.

SECTION 00180 – PROSECUTION AND PROGRESS

Comply with Section 00180 of the General Conditions for Construction for the City of Gresham

00180.20(d) Disadvantaged Business Enterprise (DBE) – Delete this subsection.

00180.20(e) Trucking - Replace the paragraph that begins "This Section does not apply to…" with the following paragraph:

This Section does not apply to delivery of Materials by or for or from a Supplier. This Subsection applies to all truck hauling of materials not performed with trucks owned (or rented) and operated by the Contractor.

00180.20(e)(1) Trucking - Delete the bullet that begins "Statement specifying whether the services will be provided by a DBE…".

00180.20(e)(2) Limitations - Replace the paragraph that begins "The approved trucking services agreements…" with the following paragraph:

The approved trucking services agreements shall be used for all trucking services for hauling materials not provided by trucks owned (or rented) and operated by the Contractor. The Contractor shall execute a trucking services agreement with every trucking services provider for hauling materials prior to the trucking services provider doing any Work on the Project Site.

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

Limitations Subsection

Cooperation with Utilities .......................................... 00150.50 Cooperation with Other Contractors ......................... 00150.55 Contract Time ...................................................... 00180.50(h) Closed Lanes .................................................. 00220.40(e)(1) Limited Duration Local-Access Closure ................... 00220.40(f) Noise Control ........................................................... 00290.32 Maintenance Under Traffic ....................................... 00620.43 Opening Sections to Traffic ....................................... 00744.51

00180.41 Project Work Schedules - After the paragraph that begins "The Contractor shall submit a Project Work schedule meeting the requirements…" add the following paragraphs:

Submit an overall sequencing and phasing plan showing the timeline for construction of all curb ramps. Submit a list of individual curb ramps or groups of curb ramps not to exceed 32 curb ramps to include in the schedule for approval by the Engineer.

The Contractor shall include the following curb ramp tasks in the Project Work schedule:

• Contractor initial site visit(s) for ramp existing conditions;

• Submittal of Working Drawings for each ramp, submitted to the Agency according to 00759.03(c);

• Submittal of Curb Ramp Plan(s); and

• Preplacement Conference(s).

In the paragraph that begins "The Contractor shall submit a supplemental “look ahead” Project Work schedule each week to the Engineer.” add the following bullets to the end of the bullet list:

• Identify date of curb ramp site visit to include Contractor and Agency, to review Working Drawings;

• Identify curb ramp resubmittal of Working Drawings, as required according to 00759.03;

• Identify the anticipated date of curb ramp closure;

• Identify the field markings for excavation limits for curb ramps;

• Identify when the curb ramp formwork begins;

• Identify when the curb ramp Concrete placement begins; and

• Identify the anticipated opening curb ramp date.

00180.42 Preconstruction Conference - Add the following to the end of this subsection:

The Contractor shall conduct a group Utilities scheduling meeting with representatives from the Utility companies involved with this Project and the Engineer before the preconstruction conference. The Contractor shall incorporate the Utilities time needs into the Contractor's schedule submitted at the preconstruction conference.

00180.50(h) Contract Time - There are two Contract Times on this Project as follows:

(1) The Contractor shall complete all Work to be done under the Contract, except for Concrete Island installation, Wearing Course Paving, and Permanent Pavement Markings, not later than November 19, 2027.

(2) The Contractor shall complete all Work to be done under the Contract, except for seeding establishment and plant establishment, not later than June 9, 2028.

00180.85(b) Liquidated Damages - Add the following paragraphs to the end of this subsection:

Liquidated damages for failure to complete the Work on time required by 00180.50(h)(1) will be $2,000.00 per Calendar Day *. Liquidated damages for failure to complete the Work on time required by 00180.50(h)(2) will be $2,000.00 per Calendar Day *. If liquidated damages should become payable concurrently under the combination of 00180.50(h)(1) and (h)(2), liquidated damages will be $ 2,000.00 per Calendar Day *.

* Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis

00180.85(c) Lane Closures - Lane closures beyond the limits specified will inconvenience the traveling public and will be a cost to the Agency.

It is impractical to determine the actual damages the Agency will sustain in the event Traffic Lanes are closed beyond the limits listed in 00220.40(e) and 00220.40(f). Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $800.00 per 15 minutes, or for a portion of 15 minutes, per lane, for any lane closure beyond the limits listed in 00220.40(e) and 00220.40(f).

The Engineer will determine when it is safe to reopen lanes to traffic. Assessment of liquidated damages will stop when all lanes have been safely reopened. Any liquidated damages assessed under these provisions will be in addition to those listed in 00180.85(b).

SECTION 00190 – MEASUREMENT

Comply with Section 00190 of the General Conditions for Construction for the City of Gresham

00190.20(g) Agency-Provided Weigh Technician - Add the following paragraph to the end of this subsection:

Pay costs for the weigh technician at $45.00 per hour.

SECTION 00195 – PAYMENT

Comply with Section 00195 of the General Conditions for Construction for the City of Gresham

00195.12(d) Steel Materials Pay Item Selection - Add the following paragraph to the end of this subsection:

No Pay Items under this Contract qualify for the steel escalation/de-escalation program for this Project.

SECTION 00210 - MOBILIZATION

Comply with Section 00210 of the Standard Specifications.

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications modified as follows:

00220.01(b) Abbreviations - Delete this subsection.

00220.02(a) General Requirements - Add the following bullet(s) to the end of the bullet list:

When an abrupt edge is created by excavation, protect traffic according to the "Excavation Abrupt Edge" and the "Typical Abrupt Edge Delineation" configurations shown on the Standard Drawings.

Protect pedestrians in pole base excavation areas by placing approved covers over all pole base excavations. Place a minimum of two B(II)LR barricades adjacent to and on either side of the excavated area, facing pedestrian traffic, or place covers and barricades as directed.

00220.02(b) Temporary Pedestrian Accessible Route Plan - Add the following bullet(s) to the end of the bullet list:

Maintain access to bus stops and Pedestrian Accessible Routes.

For each location where a curb ramp or sidewalk is under construction, once demolition of the existing Pedestrian Accessible Route has begun, complete Pedestrian Accessible Route Work, including concrete sidewalks, curb ramps, and pavement repair and allow pedestrians to use the Pedestrian Accessible Route within 10 consecutive Calendar Days.

For each location where a curb ramp or sidewalk is under construction that includes permanent traffic signals, once demolition of the existing Pedestrian Accessible Route has begun, complete construction of the Pedestrian Accessible Route Work, including concrete sidewalks, curb ramps, pedestrian signals and pushbuttons, temporary crosswalks, and pavement repair and allow pedestrians to use the Pedestrian Accessible Route within 21 consecutive Calendar Days.

A maximum of 4 locations where pedestrians are detoured from an existing Pedestrian Accessible Route, with a curb ramp(s) or sidewalk under construction, are allowed to be closed for pedestrian use at one time, unless otherwise directed by the Engineer.

00222.40(c) Driveways - Add the following bullets to the end of the bullet list:

• Do not close any driveway without prior approval of the Engineer.

• Schedule construction of residential and commercial driveways to minimize disruption to owners and tenants to the maximum extent practicable. Provide written notification to each affected property owner or tenant in the form of door hangers no less than 10 calendar days prior to the anticipated day of driveway work and again no less than 3 calendar days prior to the confirmed day and time when driveway access will be restricted.

• As the Contractor elects, construct driveways to single property by one of the following methods:

a. Construct half of the driveway and reopen the other half of the driveway not under construction by the end of the work shift.

b. Construct with high early strength concrete, aggregate, and/or steel plates as necessary to protect the concrete during curing. Reopen driveway to traffic at the end of the work shift as agreed upon with affected business(es).

• Driveways to multiple businesses shall be constructed by constructing one half of the driveway at a time, so that access is maintained throughout construction.

• Full closure of driveways to properties with multiple driveways / accesses will be allowed upon approval of the Engineer.

00220.40(e)(1) Closed Lanes - Replace this subsection, except for the subsection number and title, with the following:

Traffic Lanes may be closed on SE 181st Ave when allowed, shown, or directed during the following periods of time except as specified in 00220.40(e)(2):

Single Lane Closures - One Traffic Lane in a single direction on SE 181st Ave may be closed during the following times:

At all times of active construction

Do not close Traffic Lanes during times of no active construction without Engineer approval.

Overnight closures, when active construction is planned for the following workday, are permitted.

Open all Traffic Lanes during non-working days.

Two-lane Closures - One Traffic Lane in each direction and the two-way center turn lane on SE 181st Ave may be closed for paving operations only during the following times:

Nightly, Sunday night through Friday morning, between 7:00 p.m. and 7:00 a.m.

Maintain at least one Traffic Lane in each direction at all times during paving operations.

One Traffic Lane may be closed on all other adjacent Roadways within the Project Site not listed above, when allowed, shown, or…