2024 Linn Co General Conditions~5.pdf

General Conditions for Construction for the

Linn County Road Department

December 1, 2023

Linn County Road Department 3010 Ferry Street, S.W.

Albany, Oregon 97322

The 2024 Edition of the General Conditions for Construction for the Linn County Road Department is referenced by Contract Specifications for specific projects. The General Conditions include defined terms and describe the solicitation process and contractual relationships for construction contracts.

General Conditions for Construction for the Linn County Road Department, December 1, 2023

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TABLE OF CONTENTS

PART 00100 - GENERAL CONDITIONS

Section 00110 - Organization, Conventions, Abbreviations, and Definitions

00110.00 Organization of Specifications

00110.05 Conventions Used throughout the Specifications Include

00110.10 Abbreviations

00110.20 Definitions

Section 00120 - Bidding Requirements and Procedures

00120.00 Prequalification of Bidders

00120.01 General Bidding Requirements

00120.05 Request of Plans, Special Provisions, and Bid Booklets

00120.10 Bid Booklet

00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be Encountered

00120.16 Material, Equipment, and Method Substitutions

00120.17 Use of Agency-Owned Land for Staging or Storage Areas

00120.20 Interpretation of Quantities in Bid Schedule

00120.25 Subsurface Investigations

00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids

00120.40 Preparation of Bids

00120.45 Submittal of Bids

00120.50 Submitting Bids for More than One Contract

00120.60 Revision or Withdrawal of Bids

00120.65 Opening and Comparing Bids

00120.70 Rejection of Non-responsive Bids

00120.80 Reciprocal Preference for Oregon Resident Bidders

00120.90 Disqualification of Bidders

00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder

Section 00130 - Award and Execution of Contract

00130.00 Consideration of Bids

00130.10 Award of Contract

00130.15 Right to Protest Award

00130.20 Cancellation of Award

00130.30 Contract Booklet

00130.40 Contract Submittals

00130.50 Execution of Contract and Bonds

00130.60 Failure to Execute Contract and Bonds

00130.70 Release of Bid Guaranties

00130.80 Project Site Restriction

00130.90 Notice to Proceed

Section 00140 - Scope of Work

00140.00 Purpose of Contract

00140.10 Typical Sections

00140.20 Thickness

00140.30 Agency-Required Changes in the Work

00140.40 Differing Site Conditions

00140.50 Environmental Pollution Changes

00140.60 Extra Work

00140.65 Disputed Work

00140.70 Cost Reduction Proposals

00140.80 Use of Publicly Owned Equipment

00140.90 Final Trimming and Cleanup

Section 00150 - Control of Work

00150.00 Authority of the Engineer

00150.01 Project Manager's Authority and Duties

00150.02 Inspector's Authority and Duties

00150.10 Coordination of Contract Documents

00150.15 Construction Stakes, Lines, and Grades

00150.20 Inspection

00150.25 Acceptability of Materials and Work

00150.30 Delivery of Notices

00150.35 Plans, 3D Engineered Models, Working Drawings, and 3D Construction Models

00150.37 Equipment Lists and Other Submittals

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00150.40 Cooperation and Superintendence by the Contractor

00150.50 Cooperation with Utilities

00150.55 Cooperation with Other Contractors

00150.60 Construction Equipment Restrictions

00150.70 Detrimental Operations

00150.75 Protection and Maintenance of Work During Construction

00150.80 Removal of Unacceptable and Unauthorized Work

00150.90 Final Inspection

00150.91 Post-Construction Review

00150.95 Final Acceptance

00150.96 Maintenance Warranties and Guarantees

00150.97 Responsibility for Materials and Workmanship

Section 00160 - Source of Materials

00160.00 Definitions

00160.01 Notification of Source of Supply and Materials

00160.05 Qualified Products List (QPL)

00160.07 Electrical Equipment and Materials

00160.10 Ordering, Producing, and Furnishing Materials

00160.20 Preferences for Materials

00160.21 Cargo Preference Act Requirements

00160.30 Agency-Furnished Materials

00160.40 Agency-Furnished Sources

00160.50 Agency-Controlled Land; Limitations and Requirements

00160.60 Contractor-Furnished Materials and Sources

00160.70 Requirements for Plant Operations

00160.80 Requirements for Sources of Borrow and Aggregate

Section 00165 - Quality of Materials

00165.00 General

00165.01 Rejected Materials

00165.02 Materials Conformance and Quality Compliance Documents

00165.03 Testing by Agency

00165.04 Costs of Testing

00165.10 Materials Acceptance Guides

00165.20 Materials Specifications and Test Method References

00165.30 Field-Tested Materials

00165.35 Nonfield-Tested Materials

00165.40 Statistical Analysis

00165.50 Statistical Acceptance Sampling and Testing

00165.70 Use of Materials without Acceptable Materials Conformance Documents

00165.75 Storage and Handling of Materials

00165.80 Measurement

00165.90 Incidental Basis

00165.91 Fabrication Inspection Expense

Section 00170 - Legal Relations and Responsibilities

00170.00 General

00170.01 Other Agencies Affecting Agency Contracts

00170.02 Permits, Licenses, and Taxes

00170.03 Furnishing Right-of-Way and Permits

00170.04 Patents, Copyrights, and Trademarks

00170.05 Assignment of Antitrust Rights

00170.07 Record Requirements

00170.10 Required Payments by Contractors

00170.20 Public Works Bond

00170.32 Protection of Navigable Waters

00170.60 Safety, Health, and Sanitation Provisions

00170.61 Industrial Accident Protection

00170.62 Labor Nondiscrimination

00170.63 Payment for Medical Care

00170.65 Minimum Wage and Overtime Rates for Public Works Projects

00170.70 Insurance

00170.71 Independent Contractor Status

00170.72 Indemnity/Hold Harmless

00170.74 Employee Drug Testing Program

00170.78 Conflict of Interest

00170.79 Third Party Beneficiary

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00170.80 Responsibility for Damage to Work

00170.82 Responsibility for Damage to Property and Facilities

00170.85 Responsibility for Defective Work

00170.89 Protection of Utility, Fire-control, and Railroad Property and Services; Repair; Roadway Restoration

00170.92 Fencing, Protecting Stock, and Safeguarding Excavations

00170.93 Trespass

00170.94 Use of Explosives

Section 00180 - Prosecution and Progress

00180.00 Scope

00180.05 Assignment/Delegation of Contract

00180.06 Assignment of Funds Due under the Contract

00180.10 Responsibility for Contract

00180.15 Agency's Right to Do Work at Contractor's Expense

00180.20 Subcontracting Limitations:

00180.21 Subcontracting:

00180.22 Payments to Subcontractors and Agents of the Contractor

00180.30 Materials, Equipment, and Work Force

00180.31 Required Materials, Equipment, Products, and Methods

00180.32 Alternative Materials, Equipment, and Methods

00180.40 Limitation of Operations

00180.41 Project Work Schedules

00180.42 Preconstruction Conference

00180.43 Commencement and Performance of Work

00180.50 Contract Time to Complete Work

00180.60 Notice of Delay

00180.65 Right-of-Way and Access Delays

00180.70 Suspension of Work

00180.80 Adjustment of Contract Time

00180.85 Failure to Complete on Time; Liquidated Damages

00180.90 Termination of Contract and Substituted Performance

Section 00190 - Measurement of Pay Quantities

00190.00 Scope

00190.10 Measurement Guidelines

00190.20 Contractor to Provide Vehicle Weight Scales:

00190.30 Plant Scales

Section 00195 - Payment

00195.00 Scope and Limit

00195.10 Payment For Changes in Materials Costs

00195.12 Steel Material Price Escalation/De-Escalation Clause

00195.20 Changes to Plans or Character of Work

00195.30 Differing Site Conditions

00195.40 Unreasonable Delay by the Agency

00195.50 Progress Payments and Retained Amounts

00195.60 Advance Allowance for Materials on Hand

00195.70 Payment under Terminated Contract

00195.80 Allowance for Materials Left on Hand

00195.90 Final Payment

00195.95 Error in Final Quantities and Amounts

Section 00196 - Payment for Extra Work

00196.00 General

00196.10 Negotiated Price

00196.20 Force Account

Section 00197 - Payment for Force Account Work

00197.00 Scope

00197.01 General

00197.10 Materials

00197.20 Equipment

00197.30 Labor

00197.40 Invoices for Special Services

00197.80 Percentage Allowances

00197.90 Billings

Section 00199 - Disagreements, Protests, and Claims

00199.00 General

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00199.10 Procedure for Resolving Disagreements

00199.20 Protest Procedure

00199.30 Claims Procedure

00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies

00199.50 Mediation

00199.60 Review of Determination Regarding Records

00110.05

PART 00100 - GENERAL CONDITIONS

Section 00110 - Organization, Conventions, Abbreviations, and Definitions

Organization

00110.00 Organization of Specifications - The Specifications are comprised of the following:

• The "General Conditions for Construction for the Linn County Road Department”, published by the Agency, which contain Part 00100 "General Conditions", which deal with the solicitation process and contractual relationships;

• The "2024 Oregon Standard Specifications for Construction", Parts 00200 through 03000, published by the Oregon Department of Transportation which contain the detailed "Technical Specifications" involved in prosecution of the Work, organized by subject matter; and

• The Special Provisions.

In addition, throughout the Specifications:

• Each Part is divided into Sections and Subsections.

• Reference to a Section includes all applicable requirements of the Section.

• When referring to a Subsection, only the number of the Subsection is used; the word "Subsection" is implied.

• Where Section and Subsection numbers are not consecutive, the interval has been reserved for use in the Special Provisions or future expansion of the Standard Specifications.

Conventions

00110.05 Conventions Used throughout the Specifications Include:

(a) Grammar - The "General Conditions for Construction for the Linn County Road Department", Part 00100 "General Conditions", is written in the indicative mood, in which the subject is expressed. The "2024 Oregon Standard Specifications for Construction", published by the Oregon Department of Transportation, Parts 00200 through 03000, the detailed "Technical Specifications", are generally written in the imperative mood, in which the subject is implied. Therefore, throughout Parts 00200 through 03000, and on the Plans:

• The subject, "the Contractor", is implied.

• "Shall" refers to action required of the Contractor, and is implied.

• "Will" refers to decisions or actions of the Agency and/or the Engineer.

• The following words, or words of equivalent meaning, refer to the actions of the Agency and/or the Engineer, unless otherwise stated: "allowed", "directed", "established", "permitted", "ordered", "designated", "prescribed", "required", "determined".

• The words "approved", "acceptable", "authorized", "satisfactory", "suitable", "considered", and "rejected", "denied", "disapproved", or words of equivalent meaning, mean by or to the Agency and/or the Engineer, subject in each case to Section 00150 of the General Conditions.

• The words "as shown", "shown", "as indicated", or "indicated" mean "as indicated on the Plans".

• Certain Subsections labeled "Payment" contain statements to the effect that the accepted quantities "will be paid for at the Contract unit price, per unit of measurement, for the following items" (followed by a list of items). In such cases, the Agency will pay for only those Pay Items listed in the Schedule of Items.

(b) Capitalization of Terms - Capitalized terms, other than titles, abbreviations, and grammatical usage, indicate that they have been given a defined meaning in the Standard Specifications. Refer to 00110.20 "Definitions". Defined terms will always be capitalized in Part 00100; in Parts 00200 through 03000, defined terms will generally not be capitalized, with the notable exception of "the Contractor", "the Agency", and "the Engineer".

(c) Punctuation - In this publication the "outside method" of punctuation is employed for placement of the comma and the period with respect to quotation marks. Only punctuation that is part of the quoted matter is placed within quotation marks.

00110.10

(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and Permits - References are made in the text of the Specifications to "laws", "acts", "rules", "statutes", "regulations", "ordinances", etc. (collectively referred to for purposes of this Subsection as "Law"), and to "orders" and "permits" (issued by a governmental authority, whether local, state, or federal, and collectively referred to for purposes of this Subsection as "Permits"). Reference is also made to "applicable laws and regulations". The following conventions apply in interpreting these terms, as used in the Specifications.

• Statutes and Rules - Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR) referenced in the Specifications are accessible on line, including through the Oregon Legislative Counsel Committee website (see 00110.05(e)) and through the Oregon Secretary of State Archives Division website (see 00110.05(e)).

• Law - In each case, unless otherwise expressly stated therein, the Law is to be understood to be the current version in effect. This also applies where a specific Law is referenced or cited, regardless of whether the text of the Law has been included in the Specifications or not, and regardless of whether the text of the Law has been summarized or paraphrased. In each case, the current version of the Law is applicable under any contract. The reader is therefore cautioned to check the actual text of the Law to confirm that the text included in the Specifications has not been modified or superseded.

• Permits - Orders and permits issued by a government agency may be modified during the course of performing the work under a contract. Therefore, wherever the term "order" or "permit" is used in the Specifications, it is intended to refer to the then-current version. That version may be embodied in a modified, superseding order or permit, or it may consist of all terms and conditions of prior orders or permits that have not been superseded, as well as the additional terms added by amendment or supplement. In certain cases, the orders and/or permits are identified by name in the Specifications; in other cases the terms are used in the generic sense. The reader is cautioned to check the text(s) of each order and permit identified either by name or by generic reference.

• Applicable Laws and Regulations - Where phrases such as “applicable law”, "applicable laws and regulations", “applicable legal requirements” or similar phrases appear, they are to be understood as including all applicable laws, acts, regulations, administrative rules, ordinances, statutes, and orders and permits issued by a governmental or regulatory authority. The words “law” or “laws” may or may not be capitalized in such phrases.

(e) Reference to Websites - For Specifications that reference this Subsection, the Agency will identify the website addresses in the Special Provisions.

Abbreviations

00110.10 Abbreviations - Following are meanings of abbreviations used in the Standard Specifications, in the Special Provisions, on the Plans, and in other Contract Documents. Other abbreviations and meanings of abbreviations may be used in the individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in OAR 731-005 and OAR 731-007.

AAR - Association of American Railroads

AASHTO - American Association of State Highway and Transportation Officials

ABC - Associated Builders and Contractors, Inc.

AC - Asphalt Concrete

ACI - American Concrete Institute

ACP - Asphalt Concrete Pavement

ACWS - Asphalt Concrete Wearing Surface

ADA - Americans with Disabilities Act

ADT - Average Daily Traffic

AGC - Associated General Contractors of America

AIA - American Institute of Architects

AISC - American Institute of Steel Construction

AISI - American Iron and Steel Institute

AITC - American Institute of Timber Construction

ANSI - American National Standards Institute

APA - Engineered Wood Association

00110.10

APWA - American Public Works Association

AREMA - American Railway Engineering and Maintenance of Right-of-Way Association

ASCE - American Society of Civil Engineers

ASME - American Society of Mechanical Engineers

ASTM - American Society for Testing and Materials

ATPB - Asphalt Treated Permeable Base

ASTV - Actual Strength Test Value

AWG - American Wire Gauge

AWPA - American Wood Protection Association

AWS - American Welding Society

AWWA - American Water Works Association

CAgT - Certified Aggregate Technician

CAT-I - Certified Asphalt Technician I

CAT-II - Certified Asphalt Technician II

CBM - Certified Ballast Manufacturers

CCO - Contract Change Order

CCT - Concrete Control Technician

CDT - Certified Density Technician

CEBT - Certified Embankment and Base Technician

CFR - Code of Federal Regulations

CLSM - Controlled Low-Strength Materials

CMDT - Certified Mixture Design Technician

CPF - Composite Pay Factor

CRSI - Concrete Reinforcing Steel Institute

CS - Commercial Standard, Commodity Standards Division, U.S. Department of Commerce

CSTT - Concrete Strength Testing Technician

D1.1 - Structural Welding Code - Steel, American Welding Society, current edition

D1.5 - Bridge Welding Code, American Welding Society, current edition

DBE - Disadvantaged Business Enterprise

DEQ - Department of Environmental Quality, State of Oregon

DOGAMI - Department of Geology and Mineral Industries, State of Oregon

DSL - Department of State Lands, State of Oregon

EAC - Emulsified Asphalt Concrete

EPA - U.S. Environmental Protection Agency

ESCP - Erosion and Sediment Control Plan

FHWA - Federal Highway Administration, U.S. Department of Transportation

FSS - Federal Specifications and Standards, General Services Administration

GSA - General Services Administration

HDPE - High Density Polyethylene

ICEA - Insulated Cable Engineers Association (formerly IPCEA)

IES - Illuminating Engineering Society

IMSA - International Municipal Signal Association

ISO - International Standards Organization

ISSA - International Slurry Surfacing Association

ITE - Institute of Transportation Engineers

JMF - Job Mix Formula

LCPR - Linn County General Provisions Related to Public Contracts for Construction Services

MFTP - Manual of Field Test Procedures (ODOT)

MIL - Military Specifications

MSC - Minor Structure Concrete

MUTCD - Manual on Uniform Traffic Control Devices for Streets and Highways, FHWA, U.S. Department of Transportation

NEC - National Electrical Code

NEMA - National Electrical Manufacturer's Association

NESC - National Electrical Safety Code

NIST - National Institute of Standards and Technology

00110.20

NPDES - National Pollutant Discharge Elimination System

NPS - Nominal Pipe Size (dimensionless)

NTMAG - Nonfield Tested Materials Acceptance Guide (ODOT)

OAR - Oregon Administrative Rules

ODA - Oregon Department of Agriculture

ODOT - Oregon Department of Transportation

ORS - Oregon Revised Statutes

OR-OSHA - Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services

OSHA - Occupational Safety and Health Administration, U.S. Department of Labor

PCA - Portland Cement Association

PCC - Portland Cement Concrete

PCI - Precast/Prestressed Concrete Institute

PCP - Pollution Control Plan

PF - Pay Factor of a constituent

PLS - Professional Land Surveyor

PMBB - Plant Mixed Bituminous Base

PTI - Post-Tensioning Institute

PUC - Public Utility Commission, State of Oregon

PVC - Polyvinyl Chloride

QA - Quality Assurance

QC - Quality Control

QCT - Quality Control Technician

QL - Quality Level

QPL - Qualified Products List

RAP - Reclaimed Asphalt Pavement

REA - Rural Electrification Administration, U.S. Department of Agriculture

RMA - Radio Manufacturers Association or Rubber Manufacturers Association

SAE - Society of Automotive Engineers

SI - International System of Units (Système Internationale)

SRCM - Soil and Rock Classification Manual (ODOT)

SSPC - Society for Protective Coatings

T - Tolerances, AASHTO Test Method

TCD - Traffic Control Devices

TCP - Traffic Control Plan

TCM - Traffic Control Measures

TM - Test Method (ODOT)

TPAR - Temporary Pedestrian Accessible Route

TV - Target Value

UBC - Uniform Building Code (as adopted by the State of Oregon)

UL - Underwriters Laboratory, Inc.

UPC - Uniform Plumbing Code (as adopted by the State of Oregon)

USC - United States Code

WAQTC - Western Alliance for Quality Transportation Construction

WCLIB - West Coast Lumber Inspection Bureau

WWPA - Western Wood Products Association

Definitions

00110.20 Definitions - Following are definitions of words and phrases used in the Standard Specifications, in the Special Provisions, on the Plans, and in other Contract Documents. Other definitions may be in the individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in OAR 731-005 and

OAR 731-007.

3D Engineered Model - The Agency-prepared electronic file(s) that identify northing, easting, and elevation to represent the Work to be performed. The 3D Engineered Model may include the surface model(s) or other designed Work elements and is an electronic representation of the line, grade, and Cross Section applicable to the Project.

3D Construction Model - Supplemental unstamped 3D model, not furnished by the Agency, that the Contractor is required to submit to the Engineer.

Act of God or Nature - A natural phenomenon of such catastrophic proportions or intensity as would reasonably prevent performance.

Actual Strength Test Value (ASTV) - The ASTV at 28 Days is the average compressive strength of the three cylinders tested. All specimens that show definite evidence, other than low strength, of improper sampling, molding, handling, curing, or testing shall be discarded. The average strength of the remaining cylinders shall then be considered the test result.

Addendum - A written or graphic modification, issued before the opening of Bids, which revises, adds to, or deletes information in the Solicitation Documents or previously issued Addenda.

Additional Work - Increased quantities of any Pay Item, within the scope of the Contract, for which a unit price has been established.

Advertisement - The public announcement (Notice to Contractors) inviting Bids for Work to be performed or Materials to be furnished.

Agency - The city, county, or State agency or special district or political subdivision, as applicable, which has entered into a Contract with the Contractor.

Agency-Controlled Lands - Lands owned by the Agency, or controlled by the Agency under lease or agreement, or under the jurisdiction and control of the Agency for the purposes of the Contract.

Aggregate - Rock of specified quality and gradation.

Architect - The Architect who represents the Agency and who is designated by the Agency to administer the Contract.

Attorney-in-Fact - An Entity appointed by another to act in its place, either for some particular purpose, or for the transaction of business in general.

Award - Written notification to the Bidder that the Bidder has been awarded a Contract.

Base - A Course of specified Material of specified thickness placed below the Pavement.

Bid - A competitive offer, binding on the Bidder and submitted in response to an invitation to bid.

Bid Bond - The Surety bond for Bid guaranty.

Bid Booklet - The bound paper version included in the Solicitation Documents, or the electronic version that is available to be downloaded from the Linn County Road Department website that contain the information identified in 00120.10, (see 00110.05(e)).

Bid Closing - The date and time after which Bids, Bid modifications, and Bid withdrawals will no longer be accepted.

Bid Documents - See under Solicitation Document.

Bid Opening - The date and time Bids are opened.

Bid Schedule - The list of Pay Items, their units of measurement, and estimated quantities. (When a Contract is awarded, the Bid Schedule becomes the Schedule of Items.)

Bid Section - The portion of the Bid Booklet containing all pages after the appendix.

Bidder - An Entity that submits a Bid in response to an invitation to bid.

Bike Lane - A lane in the Traveled Way, designated by striping and Pavement markings for the preferential or exclusive use of bicyclists.

Borrow - Material lying outside of planned or required Roadbed excavation used to complete Project earthwork.

Boulders - Particles of Rock that will not pass a 12-inch square opening.

Bridge - A single or multiple span Structure, including supports, that carries motorized and non-motorized vehicles, pedestrians, or utilities on a Roadway, walk, or track over a watercourse, Highway, Railroad, or other feature.

Buttress - A Rock fill placed at the toe of a landslide or potential landslide in order to resist slide movement.

Calendar Day - Any Day shown on the calendar, beginning and ending at midnight.

Camber - A slight arch in a surface or Structure to compensate for loading.

Change Order - A written order issued by the Engineer to the Contractor modifying Work required by the Contract, or adding Work within the scope of the Contract, and, if applicable, establishing the basis of payment for the modified Work, or otherwise modifying the Contract.

Changed Work - Work included in a Pay Item and within the scope of the Contract that is different from that reflected in the Contract Documents. (See 00140.30.)

Class of Project - A designation based on a Project's funding source, (i.e., State or Federal-aid).

Class of Work - A designation referring to the type of Work in which Bidders must be prequalified. Classes of Work are limited to those listed in ODOT's Contractor's Prequalification Application.

Clay - Soil passing a No. 200 sieve that can be made to exhibit plasticity (putty-like properties) within a range of water contents.

Clear Zone - The total roadside border area, starting at the edge of the Traveled Way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes and speeds and on the roadside geometry.

Close Conformance - Where working tolerances are given on the Plans or in the Specifications, Close Conformance means compliance with those tolerances. Where working tolerances are not given, Close Conformance means compliance, in the Engineer's judgment, with reasonable and customary manufacturing and construction tolerances.

Coarse Aggregate - Crushed Rock or crushed Gravel retained on a 1/4-inch sieve, with allowable undersize.

Cobbles - Particles of Rock, rounded or not, that will pass a 12-inch square opening and be retained on a 3-inch sieve.

Commercial Grade Concrete - Concrete furnished according to Contractor proportioning, placed in minor Structures and finished as specified.

Contract - The written agreement between the Agency and the Contractor, including, without limitation, all Contract Documents, describing the Work to be completed and defining the rights and obligations of the Agency and the Contractor.

Contract Administration Engineer - The Agency representative presiding over Agency-level claims review under 00199.40.

Contract Amount - Sum of the Pay Item amounts computed by multiplying the Pay Item quantities by the unit prices in the Schedule of Items.

Contract Documents - Solicitation Documents, Specifications, Plans, Contract booklet (titled Contract and Bonds for Highway Construction), Change Orders, Force Account Work orders, pay documents issued by the Agency, Materials certifications, Project Work schedules, final estimate, written orders and authorizations issued by the Agency, Material source development and reclamation plans, and permits, orders and authorizations obtained by the Contractor or Agency applicable to the Project, as well as all documents incorporated by reference therein.

Contract Time - The amount of time allowed to complete the Work under the Contract.

Contractor - The Entity awarded the Contract according to the solicitation.

Course - A specified Surfacing Material placed in one or more Lifts to a specified thickness.

Coverage - One Pass by a piece of Equipment over an entire designated area.

Cross Section - The exact image formed by a plane cutting through an object, usually at right angles to a central axis, to determine area.

Day - A Calendar Day including weekdays, weekends, and holidays, unless otherwise specified.

Durable Rock - Rock that has a slake durability index of at least 90% based on a two-cycle slake durability test, according to ASTM D4644. In the absence of test results, the Engineer may evaluate the durability visually.

Emulsified Asphalt - Emulsified asphalt cement.

Emulsified Asphalt Concrete - A mixture of Emulsified Asphalt and graded Aggregate.

Engineer - The Engineer who represents the Agency and who is designated by the Agency to administer the Contract.

Entity - A natural person capable of being legally bound, sole proprietorship, limited liability company, corporation, partnership, limited liability partnership, limited partnership, for-profit or nonprofit unincorporated association, business trust, two or more persons having a joint or common economic interest, or any other person with legal capacity to contract, or a government or governmental subdivision.

Equipment - All machinery, tools, manufactured products, and fabricated items needed to complete the Contract or specified for incorporation into the Work.

Establishment Period - The time specified to assure satisfactory establishment and growth of planted Materials.

Existing Surfacing - Pavements, slabs, curbs, gutters, walks, driveways, and similar constructions of bricks, blocks, portland cement concrete, bituminous treated materials, and granular Surfacing materials on existing Highways.

Extra Work - Work not included in the Contract, but deemed by the Engineer to be necessary to complete the Project.

Final Acceptance - Written confirmation by the Agency that the Project has been completed according to the Contract, with the exception of latent defects and Warranty obligations, if any, and has been accepted.

Final Inspection - The inspection conducted by the Engineer to determine that the Project has been completed according to the Contract.

Fine Aggregate - Crushed Rock, crushed Gravel, or Sand that passes a 1/4-inch sieve, with allowable oversize.

First Notification - Written acknowledgment by the Engineer of the date on which workers employed by the Contractor or a Subcontractor have begun performance of the Contract, including Aggregate source development or erection of a plant, but not including installation of covered temporary signs according to Section 00222.

Force Account Work - Items of Extra Work ordered by the Engineer that are to be paid according to Section 00197.

Granular Material - Graded and selected free-draining material composed of particles of Rock, Sand, and Gravel.

Gravel - Particles of Rock, rounded or not, that will pass a 3-inch sieve and be retained on a No. 4 sieve.

Highway - Every road, street, thoroughfare and place, including Bridges, viaducts and other Structures within the boundaries of the State, open, used or intended for use by vehicular traffic.

Incidental - A term identifying those acts, services, transactions, property, Equipment, labor, Materials, or other items for which the Agency will make no separate or additional payment.

Inspector - The representative of the Engineer authorized to inspect and report on Contract performance.

Leveling - Placing a variable-thickness Course of Materials to restore horizontal and vertical uniformity to existing Pavements, normally continuous throughout the Project.

Lift - The compacted thickness of material placed by Equipment in a single Pass.

Mandatory Source - A material source provided by the Agency from which the Contractor is required to obtain Materials. (See 00160.00(b) and 00160.40.)

Materials - Any natural or manmade substance specified for use in the construction of the Project or for incorporation into the Work.

Median - The portion of a divided Highway separating traffic traveling in opposite directions.

Multiple Course Construction - Two or more Courses, exclusive of Patching or Leveling, placed over the entire Roadway width.

Multi-Use Path - That portion of the Highway Right-of-Way or a separate Right-of-Way, physically separated from motor vehicle traffic and designated for use by pedestrians, bicyclists and other non-motorized users.

Neat Line - Theoretical lines specified or indicated on the Plans for measurement of quantities.

Nondurable Rock - Rock that has a slake durability index of less than 90% based on a two-cycle slake durability test, as tested by ASTM D4644, or Rock that is observed to readily degrade by air, water, and mechanical influence.

Notice to Contractors - The public announcement inviting Bids for Work to be performed or Materials to be provided.

Notice to Proceed - Written notice authorizing the Contractor to begin performance of the Work.

On-Site Work - Any Work taking place on the Project Site, including designated staging areas adjacent to the Project Site, except for installation of covered temporary signs according to Section 00222.

Organic Soil - A Soil with sufficient organic content to influence the Soil properties.

Panel - The width of specified Material being placed by Equipment in a single Pass.

Pass - One movement of a piece of Equipment over a particular location.

Patching - Placing a variable-thickness Course of Materials to correct sags, dips, and/or bumps to the existing grade and Cross Section, normally intermittent throughout the Project.

Pavement - Asphalt concrete or portland cement concrete placed for the use of motor vehicles, bicycles, or pedestrians on Roadways, Shoulders, Multi-Use Paths and parking areas.

Pay Item (Contract Item) - A specific unit of Work for which a price is provided in the Contract.

Payment Bond - The approved security furnished by the Contractor's Surety as a guaranty of the Contractor's performance of its obligation to pay promptly in full all sums due for Materials, Equipment, and labor furnished to complete the Work.

Peat - A Soil composed primarily of vegetative matter in various stages of decomposition, usually with an organic odor, dark brown to black color, and a spongy consistency.

Performance Bond - The approved security furnished by the Contractor's Surety as a guaranty of the Contractor's performance of the Contract.

Plans - Standard and Supplemental Drawings, and approved unstamped and reviewed stamped Working Drawings. (See 00150.10 and 00150.35.)

Project - The sum of all Work to be performed under the Contract.

Project Manager - The Engineer's representative who directly supervises the engineering and administration of a Contract.

Project Site - The geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas.

Prospective Source - A Material source provided by the Agency, from which the Contractor has the option of obtaining Materials. (See 00160.00(a) and 00160.40.)

Publicly-Owned Equipment - Equipment acquired by a state, county, municipality or political subdivision primarily for use in its own operations.

Public Traffic - Vehicular or pedestrian movement, not associated with the Contract Work, on a public way.

Quality Assurance Program - A program included in section 2 of the MFTP defined as planned and systematic actions necessary to provide confidence that a product or service will satisfy given requirements for quality.

Railroad - Publicly or privately owned rail carriers, including passenger, freight, and commuter rail carriers, their tenants, and licensees. Also, Utilities that jointly own or use such facilities.

Right-of-Way - Land, property, or property interest, usually in a strip, acquired for or devoted to transportation or other public works purposes.

Roadbed - Completed excavations and embankments for the Subgrade, including ditches, side slopes, and slope rounding, if any.

Roadmaster – The Director of the Linn County Road Department.

Roadside - The area between the outside edges of the Shoulders and the Right-of-Way boundaries. Unpaved Median areas between inside Shoulders of divided Highways and infield areas of interchanges are included.

Roadway - That portion of a Highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or Shoulder. If a Highway includes two or more separate Roadways, the term "Roadway" refers to any such Roadway separately, but not to all such Roadways collectively. (See Traveled Way.)

Rock - Natural deposit of solid material composed of one or more minerals occurring in large masses or fragments.

Sand - Particles of Rock that will pass a No. 4 sieve and be retained on a No. 200 sieve.

Schedule of Items - The list of Pay Items, their units of measurement, estimated quantities, and prices.

Schedule of Values - The breakdown of the values of the component elements comprising a lump sum Pay Item.

Second Notification - Written acknowledgment by the Engineer of the end of Contract Time according to 00180.50(g).

Shoulder - The part of a Roadbed contiguous to the Traveled Way or Roadway, whether paved or unpaved, for accommodating stopped vehicles, for emergency use and for lateral support of Base and surface Courses.

Silt - Soil passing a No. 200 sieve that is nonplastic or exhibits very low plasticity.

Single Course Construction - A wearing Course only, not including patching or Leveling Courses or partial width Base Course.

Slope - Vertical distance to horizontal distance, unless otherwise specified.

Soil - Accumulations of particles produced by the disintegration of Rock, which sometimes contains organic matter.

Particles may vary in size from Clay to Boulders.

Solicitation Document - Documents which define the procurement of a public improvement Project, including, but not limited to, the Bid Booklet, Agency-provided Plans, Standard Specifications, Special Provisions, Addenda, and which includes all documents incorporated by reference. May also be called Bid Documents.

Special Provisions - The special directions, provisions, and requirements specific to a Project that supplement or modify the Standard Specifications. Permits and orders governing the Project that are issued directly to the Agency by a governmental or regulatory authority are considered to be part of the Special Provisions, to the extent and under the conditions stipulated in the Special Provisions. This includes any amended or supplemental permits or orders issued during the course of performing the Work under a Contract.

Special Services - Work services that the Contractor and Engineer agree cannot be satisfactorily performed by the Contractor's and Subcontractors' forces, (e.g., fabrication and machining work that is most effectively performed away from the Project Site, or rental of operated Equipment as defined in 00180.20(c)).

Specifications - The Standard Specifications and Special Provisions, together with all provisions of other documents incorporated therein by reference.

Standard Drawings - The Agency-prepared detailed drawings for Work or methods of construction that normally do not change from project to project.

Standard Specifications - The "2024 General Conditions for Construction for the Linn County Road Department" published by the Agency, and the "2024 Oregon Standard Specifications for Construction", Parts 00200 through 03000, "Technical Specifications", published by the Oregon Department of Transportation as amended by the Agency. It provides directions, provisions, and requirements necessary for performing public improvement projects.

State - The State of Oregon.

Structures - Bridges, retaining walls, endwalls, cribbing, buildings, culverts, manholes, catch basins, drop inlets, sewers, service pipes, underdrains, foundation drains, and other similar features which may be encountered in the Work.

Subbase - A Course of specified material of specified thickness between the Subgrade and a Base.

Subcontractor - An Entity having a direct contract with the Contractor or another Subcontractor, at any tier, to perform a portion of the Work.

Subgrade - The top surface of completed earthwork on which Subbase, Base, Surfacing, Pavement, or a Course of other Material is to be placed.

Substructure - Those parts of a Structure which support the Superstructure, including bents, piers, abutments, and integrally built wingwalls, up to the surfaces on which bearing devices rest. Substructure also includes portions above bearing surfaces when those portions are built integrally with a Substructure unit (e.g., backwalls of abutments). When Substructure and Superstructure elements are built integrally, the division between Substructure and Superstructure is considered to be at the bottom soffit of the longitudinal or transverse beam, whichever is lower. Culverts and rigid frames are considered to be entirely Substructure.

Superstructure - Those parts of a Structure above the Substructure, including bearing devices.

Supplemental Drawings - The Agency-prepared detailed drawings for Work or methods of construction that are Project specific, and are denoted by title in the Project title block.

Supplier - The Entity that furnishes goods to be incorporated into the Work.

Surety - The Entity that issues the bond.

Surfacing - The Course or Courses of Material on the Traveled Way, auxiliary lanes, Shoulder, or parking areas for pedestrian, bicycle or vehicle use.

Temporary Pedestrian Accessible Route - An area within a Work Zone, marked by signing, delineation and TCD, for the use of pedestrians to navigate through or around the work area. The TPAR is included as part of the Traffic Control Plan.

Temporary Pedestrian Accessible Route Plan - A written and drawn plan within the TCP that identifies requirements for providing safe, effective and accessible routes for pedestrians through or around the Work Zone including TPAR details, advance public notification; and, construction and maintenance responsibilities.

Third Notification - Written acknowledgment by the Engineer, subject to Final Acceptance, that as of the date of the notification the Contractor has completed the Project according to the Contract, including, without limitation, completion of all minor corrective work, Equipment and plant removal, site clean-up, and submittal of all certifications, bills, forms and documents required under the Contract.

Ton - One short ton of 2,000 pounds (Ton, ton, Tn, or T).

Topsoil - Soil ready for use in a planting bed.

Traffic Control Devices - Signs, signals, markings, and other devices placed on, over, or adjacent to a Roadway used to regulate, warn, or guide Public Traffic by authority of a public body or official having jurisdiction.

Traffic Control Measures - Elements of the TCP including, but not limited to, TCD, personnel, Materials and Equipment used to control Public Traffic through a Work Zone.

Traffic Control Plan - A written and drawn plan for providing the safe and efficient movement of Public Traffic through or around a Work Zone, while providing protection for workers, incident responders, and Equipment.

Traffic Lane - That part of the Traveled Way marked for moving a single line of vehicles.

Traveled Way - That part of the Highway for moving vehicles, exclusive of berms and Shoulders.

Typical Section - That Cross Section established by the Plans or the 3D Engineered Model which represents in general the lines to which the Contractor shall work in the performance of the Contract.

Unsuitable Material - Frozen material, or material that contains organic matter, muck, humus, Peat, sticks, debris, chemicals, toxic matter, or other deleterious materials not normally suitable for use in earthwork.

Utility - A line, facility, or system for producing, transmitting, or distributing communications, power, electricity, heat, gas, oil, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity which directly or indirectly serves the public. The term may also mean the utility company, district, or cooperative owning and operating such facilities, including any wholly-owned or controlled subsidiary.

Warranty Bond - The approved security furnished by the Contractor's, Subcontractor's, or Supplier's Surety as a guaranty of the Contractor's performance of its warranty obligations.

Wetlands - Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, vegetation typically adapted for life in saturated Soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Work - The furnishing of all Materials, Equipment, labor, and Incidentals necessary to successfully complete any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the Contract.

Work Zone - An area within Highway construction, maintenance, or Utility Work activities which extends from the first road Work, Bridge Work, or Utility Work warning sign to the last sign or the last TCD.

Working Drawings - Supplemental Plans, not furnished by the Agency, that the Contractor is required to submit to the Engineer. (See 00150.35.)

00120.00

Section 00120 - Bidding Requirements and Procedures

00120.00 Prequalification of Bidders - The Agency requires Contractors to be prequalified with the Oregon Department of Transportation (ODOT), which will prequalify Bidders according to ODOT’s Oregon Administrative Rules and prequalification procedures. A Bidder must file for prequalification. Bidders shall make application for prequalification, and for required renewals, on standard forms available from the ODOT Procurement Office - Construction Contracts Unit website (see 00110.05(e)). Bidders shall return the completed application to the ODOT Procurement Office - Construction Contracts Unit by one of the following methods:

• If hand delivered, the application shall be date stamped with the provided date stamping device and the application shall be placed in the ODOT Procurement Office Bid Box located in the 1st floor lobby at the following address:

Oregon Department of Transportation 355 Capitol Street NE Salem, OR 97301

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

Oregon Department of Transportation Procurement Construction Contracts, MS#5-1 355 Capitol Street NE Salem, OR 97301

Contracts will only be awarded to Bidders who, at the time of Bid Opening, are prequalified in the Class or Classes of Work specified in the Special Provisions, except that a Bidder whose prequalification has been revoked or revised as provided in ORS 279C.430(4) may also be eligible for Award under that statute if the Project was advertised prior to the revocation or revision. The Agency will consider a Bid from a Bidder whose complete application for prequalification has been received by the ODOT Procurement Office - Construction Contracts Unit at least 10 Calendar Days before the opening of Bids. Bidders shall submit Bids in the same company name used on the prequalification application; provided however, if Bidder's legal name has changed since the submittal of its application for prequalification, it shall submit its Bid under its current legal name with the former name referenced by "formerly known as".

The Agency also requires Contractors to be prequalified with Linn County. If prior prequalification approval is not already on file with Linn County, at least 5 Calendar Days prior to the bid opening, submit a copy of the prequalification application that was submitted to ODOT. Submit the documentation by email to the Linn County Engineer listed under the “Project Information” Section of the Special Provisions.

There is no fee to the bidder for prequalification with the Linn County Road Department.

The Agency will regularly evaluate the performance of Contractors on its projects for purposes of responding to reference checks, future prequalification and determinations of responsibility.

00120.01 General Bidding Requirements - Bidders shall obtain Bid Documents in the manner prescribed in the Bid Advertisement and Invitation to Bid.

As and when applicable, the Contractor shall maintain the certifications required by ORS 279A.107.

00120.05 Request of Plans, Special Provisions, and Bid Booklets - Bidding Documents are available on the Linn County Road department website (see 00110.05(e)), or may be picked up at the Linn County Road Department, 3010 Ferry St SW, Albany, OR 97322, Telephone 541-967-3919.

Bidders wishing to submit a Bid must register with the Agency's "Planholders Registration". Bids will be considered responsive only if Bidders submitted a "Planholders Registration" and have been added to the Plan holders List.

00120.10 Bid Booklet - The Bid Booklet may include, but is not limited to:

• Description and location of the proposed Project

• Time, date, and location for opening Bids

• Project completion time

00120.16

• Class of Project (i.e., Federal-aid or County)

• Class of Work

• Identification of applicable Special Provisions

• Bidder's checklist

• DBE information, sample forms, and other informational pages

• Special Provisions, which include Project Plans

• Bid Section, which includes required time-sensitive forms

The Bid Section includes all pages after Appendix A. The Bid Section may include, but is not limited to:

• Bid schedule

• Bid proposal o Certificate of non-collusion o Certificate of noninvolvement in any debarment or suspension (for Federal-aid Projects) o Certificate regarding lobbying activities (for Federal-aid Projects) o Certificate of residency (for State Projects) o Certificate of compliance with Oregon tax laws o Certificate of nondiscrimination regarding ORS 279A.110 and certificate regarding policy and practice against sexual harassment, sexual assault and discrimination against employees who are members of a protected class as required by ORS 279A.112 o Bid signature pages o Identification of Bidder(s) and Sureties o Limiting statements (See 00120.50.)

• Bid Bond form

• First-tier Subcontractor disclosure form

Depending on the Class of Project, other certificates or statements may be included within the Bid Section. Plans, Specifications, and other documents referred to in the Bid Section will be considered part of the Bid.

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