162nd Extension-Bid-Specs.pdf

Harper Houf Peterson Righellis Inc.

HHPR

E N G I N E E R S P L A N N E R S L A N D S C A P E A R C H I T E C T S S U R V E Y O R S

SE 162ND AVE EXTENSION

SCOUTERS MOUNTAIN ELEMENTARY SCHOOL

February 2024

PREPARED FOR:

North Clackamas School District 12400 SE Freeman Way Milwaukie, OR 97222

PREPARED BY:

Harper Houf Peterson Righellis Inc.

205 SE Spokane Street, Suite 200 Portland, OR 97202 P: 503-221-1131 F: 503221-1171

Drew Rommel, PE Bobby Jacobson, PE

Project Manual

RECORD SET

SE 162ND AVE EXTENSION HARPER HOUF PETERSON RIGHELLIS INC.

NORTH CLACKAMS SCHOOL DISTRICT

HAPPY VALLEY, OREGON BID SET

TABLE OF CONTENTS

EXHIBIT A – GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 SUMMARY OF WORK

01 13 31 CERTIFICATE OF COMPLIANCE

01 13 32 CERTIFICATE OF NO HAZARDOUS MATERIALS

01 20 00 PRICE AND PAYMENT PROCEDURE

01 21 00 ALLOWANCES

01 22 00 UNITE PRICES

01 25 00 SUBSTITUTION PROCEDURES

01 26 00 CONTRACT MODIFICATION PROCEDURE

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 31 23 PROJECT MANAGEMENT DATABASE (PMD)

01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION

01 32 33 PHOTOGRAPHIC DOCUMENTATION

01 40 00 QUALITY REQUIREMENTS

01 42 16 DEFINITIONS

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 60 00 PRODUCT REQUIREMENTS

01 70 00 EXECUTION

01 71 23 FIELD ENGINEERING

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 77 00 CLOSEOUT PROCEDURES

01 78 00 CLOSEOUT SUBMITTALS

01 79 00 DEMONSTRATION AND TRAINING

DIVISION 03 – CONCRETE

03 10 00 CONCRETE FORMING AND ACCESSORIES

03 20 00 CONCRETE REINFORCING

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 04 – MASONRY

04 20 00 UNIT MASONRY

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 19 00 WATER REPELLENTS

DIVISION 10 – SPECIALTIES

10 14 00 SIGNAGE

RECORD SET

SE 162ND AVE EXTENSION HARPER HOUF PETERSON RIGHELLIS INC.

NORTH CLACKAMS SCHOOL DISTRICT

HAPPY VALLEY, OREGON BID SET

DIVISION 26 – ELECTRICAL

26 00 00 ELECTRICAL BASIC REQUIREMENTS

26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS AND EQUIPMENT

26 05 33 RACEWAYS

26 05 34 BOXES

26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS

26 28 00 OVERCURRENT PROTECTIVE DEVICES

DIVISION 31 – EARTHWORK

31 10 00 SITE CLEARING

31 20 00 EARTH MOVING

31 23 17 TRENCHING

31 25 00 EROSION AND SEDIMENT CONTROL

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSES

32 12 16 ASPHALT PAVING

32 13 13 CONCRETE PAVING

32 17 23 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES SECTION

32 80 00 IRRIGATION

32 91 13 SOIL PREPARATION

32 92 19 SEEDING

32 93 000 PLANTS

32 94 45 LANDSCAPE MAINTENANCE

DIVISION 33 – UTILITIES

33 11 00 WATER DISTRIBUTION PIPING

33 41 00 STORM DRAINAGE PIPING

END OF TABLE OF CONTENT

EXHIBIT A

NORTH CLACKAMAS SCHOOL

DISTRICT

GENERAL CONDITIONS

OF THE CONTRACT

FOR CONSTRUCTION

February 2018 Edition

TABLE OF SECTIONS

101 DEFINITIONS AND ABBREVIATIONS

102 INSTRUCTIONS REGARDING

BIDDING 107 LEGAL RELATIONS AND

RESPONSIBILITIES

103 RESERVED FOR EXPANSION 108 PROSECUTION AND PROGRESS OF WORK

104 SCOPE OF WORK 109 PAYMENT

105 CONTROL OF WORK

110 BACKGROUND CHECKS AND

BADGING

106 CONTROL OF MATERIAL 111

ENVIRONMENTAL HEALTH AND

SAFETY PROCESS AND PROCEDURES

DocuSign Envelope ID: C8504F1A-B466-4FCF-A332-A7000FD9A1D8

Page

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101 DEFINITIONS AND ABBREVIATIONS

101.01 DEFINITIONS

101.02 ABBREVIATIONS

102 INSTRUCTIONS REGARDING BIDDING

102.01 EXAMINATION OF CONTRACT, SITE OF WORK, AND SUBSURFACE

DATA

102.02 AMOUNT OF WORK TO BE DONE

102.03 ASSIGNMENT OF ANTITRUST RIGHTS

102.04 COMPLIANCE WITH M/W/ESB PROGRAMS

102.05 AWARD OF CONTRACT

102.06 BIDDING BASED ON CONTRACT DOCUMENTS

102.07 INSURANCE

103 RESERVED FOR EXPANSION

104 SCOPE OF WORK

104.01 PLANS AND SPECIFICATIONS

104.02 RESERVED FOR EXPANSION

104.03 SHOP DRAWINGS AND OTHER SUBMITTALS

104.04 EXTRA WORK AND CHANGES

104.05 DIFFERING SITE CONDITIONS

105 CONTROL OF WORK

105.01 AUTHORITY OF THE OWNER'S REPRESENTATIVE

105.02 USE OF ARCHITECT, ENGINEER, OR PROJECT MANAGER AS

OWNER'S REPRESENTATIVE

105.03 AUTHORITY OF ASSISTANTS AND INSPECTORS

105.04 CONTRACTOR'S RESPONSIBILITY FOR WORK

105.05 NOTIFICATION OF UTILITIES AND AGENCIES FOR EXCAVATION

105.06 NOTIFICATION OF UTILITIES AND AGENCIES FOR STREET

CLOSURE

105.07 ACTIONS REGARDING EXISTING IMPROVEMENTS AND UTILITIES

105.08-105.09 RESERVED FOR EXPANSION

105.10 PROTECTION AND RESTORATION OF PROPERTY

(continued)

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105.11 USE OF WORK DURING CONSTRUCTION

105.12 FURNISHING TEMPORARY SERVICES AND FACILITIES

105.13 WATER AND POLLUTION CONTROL

105.14 NOISE

105.15 ACCESS TO THE WORK

105.16 DEFECTIVE OR UNAUTHORIZED WORK

105.17 HAZARDOUS SUBSTANCES ENCOUNTERED DURING

CONSTRUCTION AND OTHER ENVIRONMENTAL LAWS

105.18 DOCUMENTS

106 CONTROL OF MATERIAL

106.01 CONTRACTOR-FURNISHED MATERIALS AND SOURCES

106.02 QUALITY OF MATERIALS, PARTS, PRODUCTS, AND EQUIPMENT

106.03 RELATIONSHIP TO SUBMITTALS

106.04 CERTIFICATIONS AND CONFORMANCE DOCUMENTS

106.05 SAMPLING AND TESTING OF PRODUCTS

106.06 STORAGE AND PROTECTION OF ITEMS OF WORK

106.07 TRADE NAMES, EQUALS, AND SUBSTITUTIONS

106.08 PRECONSTRUCTION RECYCLING PLAN

107 LEGAL RELATIONS AND RESPONSIBILITIES

107.01 LAWS AND REGULATIONS

107.02 SUBCONTRACTORS

107.03 NO WAIVER OF LEGAL RIGHTS

107.04 NO THIRD-PARTY BENEFICIARY TO THE CONTRACT

107.05 OTHER CONTRACTS

107.06 LIABILITY AND INDEMNIFICATION

107.07 ROYALTIES AND PATENTS

107.08 PERMITS

107.09 LABOR

107.10 RESERVED FOR EXPANSION

107.11 PUBLIC SAFETY AND CONVENIENCE

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107.12 RIGHTS-OF-WAY, EASEMENTS, AND PREMISES

107.13 TWO-YEAR MAINTENANCE AND WARRANTY

107.14 HAZARDOUS COMMUNICATIONS PROGRAM COMPLIANCE

107.15 PROTECTION OF CULTURAL RESOURCES

107.16 INDEPENDENT CONTRACTOR STATUS

107.17 TRESPASS

108 PROSECUTION AND PROGRESS OF WORK

108.01 CONTRACTOR'S CONSTRUCTION SCHEDULE

108.02 MEETINGS

108.03 NOTICE TO PROCEED

108.04 CONTRACT TIME

108.05 ADJUSTMENTS TO CONTRACT TIME

108.06 REMEDIES FOR DELAY

108.07 SUSPENSION OF WORK

108.08 SUPERVISION

108.09 USE OF PLANS AND SPECIFICATIONS

108.10 OWNER'S RIGHT TO PERFORM OR DELETE WORK

108.11 TERMINATION FOR DEFAULT

108.12 TERMINATION FOR CONVENIENCE

108.13 SUBCONTRACTOR TERMINATION CLAIMS

109 PAYMENT

109.01 RESERVED FOR EXPANSION

109.02 COMPENSATION

109.03 OTHER CHANGES TO COMPENSATION

109.04 LETTERS OF AUTHORIZATION (LOA)

109.05 CONSTRUCTION CHANGE DIRECTIVES (CCD)

109.06 FIELD ORDERS

109.07 ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS

109.08 CHANGE ORDER REQUESTS AND COMMUNICATION REGARDING

THE WORK

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109.09-109.15 RESERVED FOR EXPANSION

109.16 CHANGE ORDERS

109.17 CLAIMS FOR ADDITIONAL COMPENSATION, REQUESTS FOR

ADDITIONAL TIME, AND REQUIRED NOTIFICATION

109.18 RECORDS

109.19 PARTIAL OCCUPANCY OR USE

109.20 PAYMENTS AND RETAINAGE

109.21 COMPLETION AND FINAL PAYMENT

109.22 LITIGATION

110 BACKGROUND CHECKS AND BADGING……………………………………………..63

111 ENVIRONMENTAL HEALTH AND SAFETY PROCESS AND PROCEDURES………65

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101 DEFINITIONS AND ABBREVIATIONS

101.01 DEFINITIONS

Acceptance of the Work Signifies that the Work has been completed to the Owner's satisfaction and occurs when the Owner approves the Certificate of Completion executed by the Contractor.

Act of God A phenomenon of nature of catastrophic proportions or intensity, such as an earthquake, flood, cloudburst, tornado, or hurricane.

Addenda Additions or deletions to, material changes in, or general-interest explanations of, the District's Solicitation Documents.

Allowance A number that represents the maximum amount paid by the Owner for a specifically identified portion of the Work, such as materials, labor, or both, even if such items have not been quantified in the Contract Documents. All allowances will be deemed to be included in the original Contract Amount and must be listed in a Schedule of Values, if any.

Application for Payment A written request for payment based on an estimate of work performed that is submitted by the Contractor to the Owner's Representative, accompanied by such supporting documentation as is required by the Contract Documents.

Architect The person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Contract Documents and referred to throughout the Contract Documents as if singular in number. The term "Architect" refers to the Architect or the Architect's authorized representative.

Architect's Supplemental Instructions ("ASI") Information provided to the Contractor by the Architect regarding the Project that does not involve a change in the Contract Amount or Contract Time or scope.

As-Built Drawings ("As-Builts") Drawings showing how the Project has been constructed.

Award The decision of the District to execute a Contract with a particular Bidder or Proposer.

Bid A competitive offer binding on the Bidder and submitted in response to an Invitation to Bid.

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Bid Documents Those documents on which a Bidder bases its Bid to the Owner, which include, but are not limited to, the Instructions to Bidders, the Proposal, the proposed Contract Documents (including the Specifications, Plans, Addenda issued prior to Bid opening, and Permits and other documents included in the Specifications by specific reference), and any other documents that may be designated therein as part of the Bid Documents.

Bidder Any person who submits a Bid in response to the District's Invitation to Bid.

Board The District Board of Directors.

Bonds Documents issued by third parties that provide financial protection to the Owner if the Bidder fails to either enter into a Contract ("Bid Bond") or perform the Work as required by the Contract Documents ("Payment and Performance Bonds").

Calendar Day A calendar day, beginning at midnight and ending at midnight 24 hours later unless otherwise specified by a more specific provision of the Contract Documents. Calendar Days include weekdays, weekends, and holidays.

Certificate of Completion A document that may be provided by the Owner that requires the Contractor to certify that the Work has been satisfactorily completed, if the Contract Documents require one.

Certificate of Occupancy ("C of O")/Certificate of Final Inspection A document provided by a regulatory agency that authorizes partial or full occupancy of a building or structure.

Change Order ("CO") A written order issued by the Owner's Representative to the Contractor modifying work required by the Contract and establishing the basis of payment for the modified work.

Change Order Request ("COR") A written form prepared by the Contractor proposing a Change Order, which must show whether the change will increase or decrease the Contract Amount or Contract Time, and must include all documentation necessary to support the request.

Claim A request by a Contractor for additional compensation, Contract Time, or both that is prepared and submitted to the Owner's Representative in strict conformance with Contract requirements regarding Claims and Notice of Claims.

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Claims Package Documents required to be submitted to substantiate a Contractor's right to, and the amount of, additional compensation.

Construction Change Directive ("CCD") A written statement prepared by the Owner's Representative directing that the Work be changed if the Owner and the Contractor have not reached agreement regarding the effect of the changes on the Contract Time or Contract Amount.

Construction Schedule Schedule provided by the Contractor to the Owner, as required by the Contract, which does not exceed the Contract Time, relates to the entire Project, and provides for the expeditious and practical execution of the Work.

Contract Synonymous with "Contract Documents."

Contract Amount The authorized amount of money to be paid to the Contractor for performing the Work.

Contract Documents The written agreement between the Owner and the Contractor that defines the obligations of the Contractor and the Owner regarding the Work to be performed. The Contract Documents include, but are not limited to, the advertisement for Bids, the invitation for Bids, Plans, the General Conditions of the Contract for Construction, Special Specifications, Addenda, Change Orders, and any other documents that may be referenced therein as part of the Contract.

Contract Pay Items A specific unit of work for which a price or basis of payment is provided in the Contract.

Contract Time The amount of time stated in the Contract Documents for performance of all the Work, or any specified portion thereof, as modified by any authorized Change Order.

Contractor Any person who has entered into a Contract with the Owner for the Work. "Contractor" includes a Construction Manager/General Contractor and that Construction Manager/General Contractor alternative form of procurement.

Day Calendar Day.

Defective Work Work that (a) is performed in an unsatisfactory, faulty, or deficient manner; (b) does not conform to the Contract Documents; (c) does not meet the requirements of any reference standard, test, or approval referred to or incorporated by the Contract Documents; or (d) has been damaged by anyone other than the Owner prior to Acceptance of the Work, whether or not such Work is in the Owner's possession or use.

District North Clackamas School District No. 12.

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Easement The right to use a defined area of property for a specific purpose or purposes.

Engineer A person holding an engineering license who is also authorized to act as the Owner's Representative.

Environmental Laws Any applicable statute, law, ordinance, order, consent decree, judgment, Permit, license, code provision, covenant deed, common law, treaty, convention, or other requirement pertaining to protection of the environment, health or safety, natural resources, conservation, wildlife, waste management, or disposal of Hazardous Substances or pollution, including, but not limited to, regulation of releases to air, land, water, and groundwater.

Equal A substitute for a product, component, or process when use in or on a particular Project is specified. The "Equal" substitute must be the same as or better than that named in features, function, performance, quality, reliability, utility, value, and suitability for the particular use.

Equitable Adjustment A term used to describe a change in the Contract Amount, Contract Time, or both when the Contract Documents authorize such a change.

Extra Work An item of work not provided for in the Contract as awarded, but ordered, in writing, by the Owner's Representative as essential to the proper completion of the Contract within its intended scope.

Final Payment The last progress payment made to the Contractor for earned funds, if any, plus withheld Retainage, less deductions permitted or required by the Contract.

Final Completion Full performance of all the Work and acceptance of the Project by the Owner.

General Conditions of the Contract for Construction The terms, directions, provisions, and requirements set forth in the North Clackamas School District General Conditions of the Contract for Construction in effect at the time of the Bid.

Hazardous Materials Hazardous Materials are any substance defined or designated as being radioactive, infectious, hazardous, dangerous, or toxic by any federal, state, or local statute, regulation, or ordinance presently in effect or subsequently enacted. For purposes of Section 105.17, the term "introduce" means the physical placement or transportation of Hazardous Materials in or on the Project site regardless of whether the Hazardous Material was specified, required, or otherwise addressed in the Contract Documents.

Incidental Work Work that is necessary for fulfillment of the Contract, but that may not be listed as a Contract Pay Item and for which no separate or additional payment is made.

Inspector An employee or representative of the Owner authorized to inspect and report on some aspects of Contract performance. Inspectors are distinguished from Regulatory Inspectors (defined below).

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Instructions to Bidders The instructions issued by the Owner to persons submitting Bids contained in the Invitation to Bid.

Interfacing Work That portion of the Work that connects to, abuts, or meets with work of another Contractor, which may require cooperation between the two Contractors in order that the Work may be successfully completed.

Invitation to Bid ("ITB") A competitive solicitation process of the Owner whereby a Contract is awarded based on the lowest responsible and responsive Bid.

Landscape Architect A person duly licensed to practice landscape architecture or an entity lawfully practicing landscape architecture identified as such in the Contract Documents and referenced throughout as if singular in number. The term "Landscape Architect" refers to the Landscape Architect or the Landscape Architect's authorized representative.

Law Any federal, state, or local law, ordinance, code, regulation, or rule.

Letter of Authorization_("LOA") The Owner's written authorization to the Contractor authorizing expenditures, bid awards, and use of contingency funds.

Lump Sum A way of expressing the Contract Amount for the Work, or the price bid for a portion of the Work, stated as a single price for all labor, materials, supplies, Incidental Work, overhead, and profit without any breakdown into its component parts. For the purposes of these General Conditions, a contract with a guaranteed maximum price (GMP) is considered a lump sum contract.

MBE/WBE/ESB ("M/W/ESB")

Minority Business Enterprises, Women Business Enterprises, and Emerging Small Businesses, certified as such by the State of Oregon Office of Minority, Women, and Emerging Small Business.

Mobilization Necessary actions taken by the Contractor to begin the Work, such as the establishment of temporary facilities, equipment, and personnel at the worksite.

Notice A written communication delivered by hand or by mail to an individual, employee, agent, official, or officer of the Owner or the Contractor authorized to receive notice, as set forth in the Contract Documents or as prescribed by law. Communications sent by fax are not considered to be adequate notice unless a copy of the original is mailed to the Owner.

Notice to Proceed Written Notice issued by the Owner's Representative to the Contractor authorizing the Contractor to proceed with all or part of the Work.

Owner The District.

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Owner's Representative An employee acting on behalf of the Owner who has authority to make decisions regarding the Work and the Contract, except to the extent that Board approval is required by the District's enabling statute or administrative rule. The Owner's Representative is designated in writing by the Owner's Director of Facilities and Asset Management. The Owner's Representative can be the Director, another officer or employee of the Owner, the Owner's Construction Manager or other consultant, the Architect, the Engineer, or such other person as the Owner's Director of Facilities and Asset Management may determine.

Parties The Owner and the Contractor who are signators to the Contract.

Performance Bond and Payment Bond Documents issued by a Surety that promise, in general, that (a) the Work will be completed and performed in accordance with the Contract Documents and (b) all persons supplying labor or materials for the Project will be paid in the event of a Contractor default.

Permit Written authorization to do specific work issued by the City of Milwaukie, Clackamas County or other outside agency having statutory or proprietary jurisdiction over portions of the Work.

Person An individual, firm, partnership, joint venture, corporation, limited liability company, joint stock company, or association.

Plans The Project-specific official Plans, profiles, cross-sections, elevations, details, and other working, supplementary, and detail drawings, or reproductions, stamped by a person licensed to do the same, that show the location, character, dimensions, and details of the work to be performed. Plans may be either bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents.

Prequalification A process by which Bidders become eligible to submit Bids.

Project General term encompassing all phases of the Work to be performed under the Contract and is synonymous with the terms "improvement" and "Work."

Project Manager The authorized representative of the Owner's Representative assigned to administer the Contract executed by the Contractor, unless the Contract specifies otherwise.

Proposal A binding offer to enter into a Contract with the Owner and submitted in response to a Request for Proposals.

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Proposal Request ("PR") A written request from the Owner's Representative or the Architect to the Contractor for information as to how a proposed change to the Work would affect the Contract Amount and Contract Time.

Proposer A person who submits a Proposal in response to a Request for Proposals.

Provide When related to an item or part of the Work, understood to mean "furnish and install the Work complete and in place."

Purchasing Agent The Owner's Director of Procurement or Deputy Clerk, or such other person as properly designated by the Board or the Owner's Superintendent.

Purchasing Rules Those rules adopted by the Board that govern purchasing of goods, services, and materials found in the District's Contracting and Purchasing Manual adopted pursuant to Policy 8.50.100-P.

Reference Specifications Bulletins, standards, rules, methods of analysis or testing, codes, and Specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents that when included in the Contract Documents establish the basis by which specific portions of the Work are to be performed.

All such references specified refer to the latest edition thereof, including any amendments in effect and published at the time of advertising for Bids or of issuing the Permit for the Project.

Regulatory Inspectors Persons employed by regulatory bodies such as the City of Milwaukie or Clackamas County Building Codes Division who have authority to determine whether work performed by the Contractor has been performed according to the regulations and codes applicable to that portion of the Work (electrical, plumbing, etc.).

Release A term that, when used in regard to environmental regulations, has the meaning ascribed to it by Oregon law.

Request for Information ("RFI") A form approved for use by the Owner's Representative that the Contractor uses to request information, and on which the Owner's Representative's response will be returned.

Request for Proposals ("RFP") A competitive solicitation process of the Owner whereby the Contract is awarded based on factors other than or in addition to price to the responsible Proposer whose Proposal is determined by the Owner to be the most advantageous to the District.

Retainage The difference between the amount earned by the Contractor and the amount paid on the Contract by the Owner.

Right-of-Way A general term denoting public land, property, or interest therein, acquired for or devoted to a public

- 8 -street, public access, or public use.

Roadway That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, including its appurtenances between curbs, gutters, or ditches, but exclusive of the berm or shoulder.

Schedule of Values A general itemization of work to be performed accompanied by an associated cost that is sometimes required when the Work, or a portion of the Work, has been priced on a Lump-Sum basis. The Schedule of Values will be the sum of the approved LOAs. When accepted by the Owner, the Schedule of Values determines how much money the Contractor is entitled to receive for work performed in a given time period based on its progress in completing the items of work listed.

Shown A term that, as used herein, refers to work shown, indicated, or described on the Plans in the Contract that can be reasonably inferred to belong to the item of Work described or indicated and that is required by good practice to provide a complete and satisfactory system or structure.

Solicitation Document Any document that requests submission of a Bid or Proposal or other offer to the District to enter into a Contract. All documents referenced by the Solicitation Document are included in the Solicitation Document.

Special Provisions or Special Specifications A portion of the Contract Documents that typically applies to a specific Project that may modify the General Conditions of the Contract for Construction, impose additional requirements applicable to a specific Project, or both.

Specifications Contract Documents that describe the Work, including any Reference Specifications incorporated therein.

Specified A term that, as used herein, means "as required by the Contract."

Standard Plans and Drawings Standard details of structures, devices, or instructions adopted by the Owner and in force at the time of the Bid as a standard and referred to by the Contract.

Station A distance of 100 feet measured horizontally along the established centerline of a street, sewer, or other work, unless specified otherwise.

Street Any public Right-of-Way, whether improved or unimproved, including, but not limited to, an avenue, boulevard, alley, lane, bridge, bicycle path, road, public thoroughfare, or public way and any land over which a Right-of-Way has been obtained or granted for any purpose of public travel.

Subcontractor An individual, partnership, firm, corporation, or any combination thereof, with whom the Contractor enters into a subcontract to perform a part of the Work.

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Substantial Completion A state of Contract performance that is less than full performance of all the work required by the Contract Documents, but is nonetheless sufficiently complete to permit lawful occupancy or use of the Project for its intended purpose.

Surety The entity providing a Bid Bond, Performance Bond, Payment Bond, Warranty, or Maintenance Bond, or any combination thereof.

Technical Specifications Requirements of a technical nature particular to the Project and included in the Specifications.

Ton The short ton of 2,000 pounds avoirdupois.

Unit Price The dollar amount Bid to do a particular portion of Contract work when such prices are required by the Bid Documents. In some cases, unit prices are used in order to determine the lowest responsive and responsible Bidder.

Utility A line, facility, or system for producing, transmitting, or distributing communications, power, electric, heat, gas, oil, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity that directly or indirectly services the public. The term "utility" also means the utility company, district, or cooperative, including any wholly owned or controlled subsidiary thereof, that provides utility services.

Work All material, labor, tools, equipment, appliances, machinery, systems, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described that can be reasonably inferred to belong to the item described or indicated and as required by good practice to provide a complete, functioning, and satisfactory system or structure.

Working Day Any and every day shown on the calendar, excluding Saturdays, Sundays, and District legal holidays, synonymous with "workday."

101.02 ABBREVIATIONS

AAN American Association of Nurserymen AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans With Disabilities Act AGA American Gas Association AGC Associated General Contractors of America AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute

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APWA American Public Works Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association CABO Council of American Building Officials CFR Code of Federal Regulations CRSI Concrete Reinforced Steel Institute CSI Construction Standards Institute DEQ Department of Environmental Quality EPA Environmental Protection Agency FHWA Federal Highway Administration ITE Institute of Traffic Engineers MUTCD Manual of Uniform Traffic Control Devices for Streets and Highways, FHWA, U.S. Department of Transportation NACE National Association of Corrosion Engineers NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NLMA National Lumber Manufacturers Association NMFS National Marine Fisheries Services, a part of the National Oceanic and

Atmospheric Administration NSF National Sanitation Federation NUCA National Underground Contractors Association OAR Oregon Administrative Rules ODFW Oregon Department of Fish and Wildlife ODOT Oregon Department of Transportation ORS Oregon Revised Statutes OR-OSHA Oregon Occupational Safety and Health Division OSHA Occupational Safety and Health Administration (Federal) OSHD Oregon State Highway Division PCA Portland Cement Association PDOT Portland Department of Transportation PUC Public Utility Commission SMACNA Sheet Metal and Air Conditioning Contractors National Association UBC Uniform Building Code UFC Uniform Fire Code UL Underwriters Laboratories, Inc.

UMC Uniform Mechanical Code

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USASI United States of America Standards Institute USC United States Code WEF Water Environment Foundation WWPA Western Wood Products Association

102.07 INSURANCE

Insurance is to be as set forth in the Contract.

103 RESERVED FOR EXPANSION

104 SCOPE OF WORK

104.01 PLANS AND SPECIFICATIONS

A. The Contract Documents govern the Work to be done, set forth the relative responsibilities of the Owner and the Contractor, and establish the method by which changes in the Contract are made.

B. Some details of the Work may be found in only one location in the Contract Documents.

Therefore, the Contractor will review all portions of the Contract Documents in order to know the full scope of Work.

C. The Owner has adopted General Conditions of the Contract for Construction. Any reference to a Standard Plan or General Conditions of the Contract for Construction in this Contract is to the ones in effect at the time the Contract was advertised. If, after the Contract is executed, the Contractor has any question regarding the applicability of the Plans or General Conditions of the Contract for Construction, the Contractor will contact the Owner's Representative for clarification.

D. Unless otherwise defined in the Contract Documents, words which have commonly understood technical or construction industry meanings shall be so construed. The Contract Documents are intended to be complimentary and terms shall be construed consistently throughout. In the event of conflicts or discrepancies, such conflicts or discrepancies shall be resolved based upon the following descending order of precedence.

1. The Contract, including contract amendments and change orders, with those of later date taking precedence over those of an earlier date;

2. The Supplemental General Conditions;

3. The General Conditions:

4. The Specifications;

5. The Plans;

6. The Solicitation documents, including addenda;

7. The accepted Offer.

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E. In the case of any inconsistency between the Plans and Specifications or within either document not clarified by addendum, the better qualify or greater quantity of Work shall be provided in accordance with the Owner's written interpretation.

104.02 RESERVED FOR EXPANSION

104.03 SHOP DRAWINGS AND OTHER SUBMITTALS

A. For purposes of this subsection, the following definitions apply:

1. "Shop Drawings" are drawings, diagrams, schedules, and other data specifically prepared for the Work by the Contractor, a Subcontractor of any tier, manufacturer, supplier, or distributor to illustrate some portion of the Work.

2. "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

3. "Samples" are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.

4. "Submittals" are documents required by the Contract to be submitted to the Owner for review, but they are not part of the terms and conditions of the Contract. They may include Shop Drawings, Product Data, Samples, or a schedule of construction events.

B. Shop Drawings, Product Data, Samples, and other Submittals are not part of the Contract. Their purpose is to demonstrate, for those portions of the Work for which Submittals are required, the way the Contractor proposes to conform to the requirements of the Contract and the design concept expressed in the Contract.

C. The Contractor will review, approve, and submit to the Owner all Shop Drawings, Product Data, Samples, and other Submittals required by the Contract regardless of whether the document originated with the Contractor or with some other Subcontractor or supplier. They will be submitted at the time required by the Contract, or, if no time is specified, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate Contractors. Submittals made by the Contractor that are not required by the Contract may be returned without action or may not be returned at all.

D. Informational Submittals that do not require the Owner to take responsive action may be so identified in the Contract.

E. The Contractor will provide electronic copies of any Submittal required by the Contract or when requested by the Owner's Representative. In addition, the Contract may also require the Contractor to provide information about the products and materials it proposes to incorporate into the Work and to provide samples of such products and materials for inspection or testing. The Contractor is to be responsible for all Submittals presented to the Owner for review, no matter what their point of origin may have been.

F. The Contractor may not perform a portion of the Work that requires the Owner to review a Submittal until the respective Submittal has been reviewed by the Owner as outlined below. Such

- 13 -work is to be performed in accordance with Submittals that conform to the Contract Documents.

G. When tendering a Submittal to the Owner for review, the Contractor represents that it has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained in such Submittals with the requirements of the Work and of the Contract. The Contractor is to expressly note where any Submittal differs from or varies from the requirements of the Contract, notwithstanding any belief on the part of the Contractor that the variance is obvious.

H. The Owner's review of any Submittal does not relieve the Contractor from its responsibility to follow the requirements of the Contract. The Owner is not responsible for ensuring that Submittals are correct. Failure of the Owner to discover that a Submittal varies from the requirements of the Contract Documents does not relieve the Contractor of its responsibilities to conform to the Contract or provide a basis for a Change Order. Nevertheless, the Owner's Representative will review any Submittals provided in order to make a general determination about whether they appear to meet Contract requirements or the intended design of the Project.

The Contractor remains responsible for following the Contract, including, but not limited to:

1. Confirming and correlating all dimensions;

2. Conforming to specified fabricating and construction techniques;

3. Coordinating the work with that of all other trades and Subcontractors;

4. Satisfactorily performing the Work in strict accordance with the Contract Documents; and

5. Following the prescribed means and methods of construction.

I. The Owner's Representative has 14 days to review any Submittals, unless a different time is established elsewhere. The Owner's Representative will review the Submittals and return each of them to the Contractor stamped with one of the following notations:

1. "NO EXCEPTIONS TAKEN": If the Submittal is marked "NO EXCEPTIONS TAKEN," this means that the Contractor can immediately begin the work encompassed by the Submittal.

2. "MAKE CORRECTIONS NOTED": If the Submittal is marked "MAKE CORRECTIONS NOTED," the Contractor is required to make any revisions suggested by the Owner's Representative and, on correction, may immediately begin the work indicated by the Submittal or may incorporate the material or equipment covered by the Submittal into the Work.

3. "REVISE AND RESUBMIT": If the Submittal is marked "REVISE AND RESUBMIT," the Contractor is required to revise the Submittal and resubmit it to the Owner's Representative. No work that is shown on the Submittal, or that is dependent on approval of the Submittal or material or equipment covered by the Submittal, may be incorporated into the Work until the Contractor has made the necessary revisions, resubmitted the Submittal, and received the Submittal back marked either "NO EXCEPTIONS TAKEN" or

"MAKE CORRECTIONS NOTED."

4. "REJECTED": If the Submittal is marked "REJECTED," it means that the Owner's

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Representative has found the Submittal, material, or product data to be unacceptable and not in conformance with the Contract. Generally speaking, rejection of a Submittal simply indicates the Owner's Representative's belief that the defects in the Submittal are so great that it cannot be revised in order to make it conform to the Contract, as indicated in subparagraph I(3) above. The Contractor may not begin work indicated by the Submittal, nor incorporate material or equipment, nor proceed with Work dependent on review of the Submittal, into the Work based on any Submittal, product data, or material that has been marked "REJECTED."

5. "SUBMIT SPECIFIED ITEM": If the Submittal is returned marked "SUBMIT SPECIFIED ITEM," it means that additional information is required to permit a full review. Work may begin on incorporating the material or equipment covered by the Submittal into the Work only if it is not affected by the item to be submitted. But if any material or equipment is affected by the item to be submitted, then no Work may begin until the Submittal is resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED."

J. The following rules about Contract Time apply to Submittals. Contract Time will not be extended if:

1. The Contractor's delay resulted from the District's use of the full amount of allotted time under the Contract to review the Contractor's Submittal;

2. The Contractor's delay resulted from its own failure to provide a Submittal in a timely manner;

3. The Contractor's delay resulted from a Submittal that was properly marked "Revise and Resubmit," "Rejected," or "Submit Specified Item"; or

4. The Contractor did not understand what it was required to submit and failed to inquire about it in a timely manner.

K. If the Contractor disagrees with the District's review of its Submittal and the District's action has the potential of increasing the Contractor's costs, the Contractor will proceed as required by subsection 109.17.

L. The Contractor will keep a current schedule and list of Submittals available for the Owner's Representative review and approval. The schedule and list shall be coordinated with the Contractors construction schedule and allow the Owner's representative reasonable time to review submittals.

104.04 EXTRA WORK AND CHANGES

A. The Owner and the Contractor mutually agree that changes in Plans, quantities, or details of the Work are inherent in the nature of construction and may be necessary or desirable. Therefore, without impairing the Contract, the Owner reserves the right to require changes determined necessary or desirable to complete the proposed construction within the general scope of the Work provided for in the Contract or to order Extra Work if that is required. Performance of changed or Extra Work will not invalidate the Contract or release the Contractor's Surety from its obligations. Changes to the Contract Amount, if any, as a result of the performance of changed or Extra Work must be made pursuant to subsection 109.04.

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B. The Owner may at any time, by written order, require the Contractor to perform changed or Extra Work. The Owner's Representative will provide Notice of such order to the Surety if the cost of the changed or Extra Work exceeds 25 percent of the total original Contract Amount.

C. When so ordered in writing by the Owner's Representative, the Contractor will proceed with the performance of any changed or Extra Work regardless of whether Contract Amount or Contract Time has been agreed on. If the Contractor refuses to perform the changed or Extra Work, this is a material breach of the Contract and the Owner will have all remedies available to it at law and in equity for that breach. The Contractor will have no right to additional Contract Time for delay incurred by the Contractor's refusal to perform because either the price or the time, or both, has not yet been agreed on. The Contractor's remedy is, instead, to proceed as required by subsection 109.17.

D. When the Owner's Representative is contemplating changed or Extra Work, a Notice of the proposed changed or Extra Work, together with a solicitation for a quotation for the performance of the changed or Extra Work, is to be issued to the Contractor, in writing, by the Owner's Representative.

1. The Contractor will submit a price quotation and Proposal for performing the changed or Extra Work within ten days unless the Owner agrees on a longer period of time in writing.

The Contractor must submit data to substantiate both the cost of performing the Extra Work and any additional Contract Time that may be requested.

2. The Contractor's delay in submitting a price quotation and Proposal does not, in and of itself, extend the Contract Time. If the Contractor is unable to prove that the changed or Extra Work will cost it additional money or is unable to substantiate that it will take additional Contract Time, the Contractor has waived any Claim it might have to either Contract Time or additional money after the decision to proceed with the Work has been made by the Owner and communicated to the Contractor.

104.05 DIFFERING SITE CONDITIONS

A. The Contractor must promptly, and before the conditions are disturbed, give written Notice to the Owner's Representative of:

1. Preexisting subsurface or latent physical conditions at the site that differ materially from those indicated in the Contract; or

2. Preexisting unknown physical conditions at the site, of an unusual nature, that differ materially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in the Contract.

B. After receipt of the Notice, the Owner's Representative will promptly investigate the conditions encountered by the Contractor. If the Owner's Representative finds that the conditions are materially different and cause a material increase or decrease in the Contractor's cost of, or the time required for, performing any part of the Work under the Contract, whether or not changed as a result of the conditions, an Equitable Adjustment to the Contract will be made under this clause and the Contract modified in writing accordingly. If possible, the Owner and the Contractor are to agree on the adjustment to be made. If they are unable to agree, the Owner's Representative will determine the amount of the Equitable Adjustment and adjust the time to perform if appropriate. If the Owner's Representative finds that differing site conditions do not exist, that

- 16 -decision is final and binding on the Contractor.

C. The Contractor has waived its right to bring a Claim for additional compensation or Contract Time for encountering a differing site condition unless the Contractor has given the Notice required by paragraph A above. No request by the Contractor for an Equitable Adjustment to the Contract as a result of a differing site condition will be allowed if the request is made after Final Payment under the Contract.

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105 CONTROL OF WORK

105.01 AUTHORITY OF THE OWNER'S REPRESENTATIVE

The Work must be performed to the complete satisfaction of the Owner's Representative.

A. The decision of the Owner's Representative will be final, binding, and conclusive on the Contractor on all questions that arise regarding the quantity of materials and work, the quality of materials and work, the acceptability of materials furnished and work performed, the acceptable rate of progress of the work, the interpretation of the Plans and Specifications, the measurement of all quantities, the acceptable fulfillment of the Contract on the part of the Contractor, and payments under the Contract.

B. Work will not be considered completed until it has passed final inspection by the Owner's Representative and is accepted by the Owner. The authority of the Owner's Representative is such that the Contractor must at all times carry out and fulfill the instructions and directions of the Owner's Representative insofar as they concern the Work to be done under the Contract.

C. If the Contractor fails to comply with any reasonable order made under the provisions of this subsection, the Owner's Representative may cause unacceptable work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any money due or to become due to the Contractor.

D. The Owner's Representative has the authority to suspend work for cause as set forth in subsection 108.07.

E. Nothing in this subsection or elsewhere in the Contract is to be construed as requiring the Owner's Representative to direct or advise the Contractor on the method or manner of performing any work under the Contract. No approval or advice as to the method or manner of performing or producing any materials to be furnished constitutes a representation or warranty by the Owner that the result of such method or manner will conform to the Contract, relieve the Contractor of any of the risks or obligations under the Contract, or create any liability to the Owner because of such approval or advice.

F. An Architect, Engineer, designer, or other person hired by the Owner under a separate contract is not the Owner's Representative, unless the Contract Documents expressly state otherwise. The Contractor will be notified if the Owner's Representative has been changed.

105.02 USE OF ARCHITECT, ENGINEER, OR PROJECT MANAGER AS THE OWNER'S

REPRESENTATIVE

A. The Owner may choose to have a consulting Architect, Engineer, or Project Manager who is not a District employee administer this Contract and, if so, may so notify the Contractor. When that occurs, the Architect, Engineer, or Project Manager is the Owner's Representative for purposes of this Contract and has the Owner's Representative's rights and responsibilities outlined in subsection 105.01, unless specifically modified by other portions of the Contract Documents.

The Owner has the right to review the Architect's, Engineer's, or Project Manager's work and recommendations, including recommendations for payment, and may accept or reject the Architect's, Engineer's, or Project Manager's advice.

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B. Any drawings, Specifications, and other documents prepared by the Architect or Engineer are instruments of the Architect's or Engineer's service through which the Work to be executed by the Contractor is described. The Contractor may retain one Contract record set and any other necessary copies. Neither the Contractor nor any Subcontractor, sub-Subcontractor, or material or equipment supplier may own or claim a copyright in the drawings, Specifications, and other documents prepared by the Architect or Engineer, and unless otherwise indicated, the Architect or Engineer is deemed to be the author of them and will retain all common-law, statutory, and other reserved rights, in addition to the copyright. The drawings, Specifications, and other documents prepared by the Architect or Engineer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, sub-Subcontractor, or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect or Engineer. The Contractor, Subcontractors, sub-Subcontractors, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the drawings, Specifications, and other documents prepared by the Architect or Engineer that are appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license must bear the statutory copyright notice, if any, shown on the drawings, Specifications, and other documents prepared by the Architect or Engineer. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Engineer's copyright or other reserved rights.

C. Nothing in this subsection changes the Contractor's duties as outlined elsewhere in the Contract Documents. For example, the Architect's or Engineer's presence does not relieve the Contractor of performing the Work in accordance with the law, statutes, ordinances, or building codes, nor does it relieve the Contractor of the duty to obtain all required Permits.

105.03 AUTHORITY OF ASSISTANTS AND INSPECTORS

A. The Owner's Representative may assign Inspectors, assistants, and other persons to advise the Owner whether the work and materials meet Contract requirements.