Exhibit E

ORGANIZATION OF CONDITIONS AND SPECIFICATIONS

The 2021 Oregon Standard Specifications for Construction (OSS) form the basis for the Conditions and Specifications for this project.

https://www.oregon.gov/odot/Business/Specs/2021_STANDARD_SPECIFICATIONS.pdf

The City of Bend Special Provisions to the OSS General Conditions modifies the 2021 Oregon Standard Specifications for Construction, (General Conditions).

Special Provisions to the OSS General Conditions

GENERAL CONDITIONS

Special Provisions to the 2021 Oregon Standard Specifications for Construction (OSS) General Conditions

00110 – Organization, Conventions, Abbreviations and Definitions 00120 – Bidding Requirements and Procedures 00130 – Award and Execution of Contract 00140 – Scope of Work 00150 – Control of Work 00160 – Source of Materials 00165 – Quality of Materials 00170 – Legal Relations and Responsibilities 00180 – Prosecution and Progress 00190 – Measurement of Pay Quantities 00195 – Payment 00199 – Disagreements, Protests and Claims

PART 00100 – GENERAL CONDITIONS

Section 00110 – Organization, Conventions, Abbreviations and Definitions

Comply with Section 00100 of the Standard Specifications modified as follows:

00110.10 Abbreviations – Add the following:

NFPA - National Fire Protection Association OSS – 2021 Oregon Standard Specifications for Construction UIC – Underground Injection Control WPCF - Water Pollution Control Facility

00110.20 Definitions - Modify as follows:

As Approved –Add the following:

The words “as approved”, unless otherwise qualified, shall be understood to be followed by the words “by the City”.

Agency – Replace with the following The City of Bend

City – Add the following:

The City of Bend, Oregon, including its duly authorized representatives. The City is described as the Agency in the OSS documents.

City Project Representative – Add the following:

The authorized representative of the City, with primary responsibility for administering the Public Improvement Contract

Contract Documents – Delete in its entirety. Contract Documents are as defined in the CITY

OF BEND PUBLIC IMPROVEMENT CONTRACT.

Design - perform architectural or engineering, or both, design professional services, including but not limited to planning, designing, observing, consulting, evaluating and other related services, for the construction of the Work.

Engineer – Replace with the following:

The City’s project manager if the individual is registered as a professional engineer in the State of Oregon. If the City’s project manager is not a professional engineer, the Engineer is the Engineering and Infrastructure Planning Department (EIPD) Director. In both cases, the City’s project manager and EIPD Director may designate the Engineer.

Furnish - supply and deliver services, materials, or equipment to the Work site (or other specified location) ready for use or installation and in usable or operable condition.

Install - put into use or place in final position services, materials, or equipment complete and ready for intended use.

Laboratory - Add the following:

Any laboratory used or approved by the City. This may or may not be the same testing laboratory as designated in the OSS.

Legal Holiday – Add the following:

The following, subject to subsequent change by law, are legal holidays for the City /Agency:

Sunday, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Thanksgiving and the day after Thanksgiving, Christmas, and those days declared as holidays by the City. When a legal holiday falls on Saturday, the Friday proceeding Saturday is a legal holiday. When a legal holiday falls on Sunday, the immediate following Monday is a legal holiday.

Other references to Legal Holidays in the OSS will comply with the modified definition of “Legal Holiday”. Such as in Section 00170.65, 00180.41, 00220.60 and 00290.32.

Work on Saturdays, Sundays, and City’s legal holidays will not be permitted unless written approval is granted by the City.

Perform or provide – when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

Plans – Delete and replace with the following:

The term “Plans” refers to the official plans, profiles, cross-sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the duly licensed design professional (Professional Engineer, Architect, or Landscape Architect), that show the location, character, dimensions and details for the work to be performed. Plans may either be 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 regardless of the method of binding. Plans are Standard and Supplemental Drawings, and approved Unstamped and reviewed and accepted Stamped Working Drawings (see 00150.35 in the Special Provisions).

Quality Control Personnel – Add the following:

In addition to the ODOT technical certifications listed throughout the OSS, the following certifications are approved alternatives:

ACI Concrete Field Testing Technician – Grade 1

ACI Concrete Strength Testing Technician

ICC Reinforced Concrete Special Inspector

ICC Soils Special Inspector

WAQTC certifications

Addition certifications may be submitted and approved on a case-by-case basis.

Working Day – Add the following:

The City working day is any and every calendar day excluding Saturdays, Sundays, and legal holidays. Unless otherwise permitted, a working day occurs between the hours of 7:00 a.m.

and 6:30 p.m.

End of Section

Section 00120 – Bidding Requirements and Procedures

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

Section 00120 – Bidding Requirements and Procedures. Delete in its entirety

Bidding Requirements are stated in the Bid/Contract Documents.

Section 00130 – Award and Execution of Contract

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

Section 00130 Award and Execution of Contract - Delete in its entirety

Section 00140 – Scope of Work

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

00140.00 Purpose of the Contract – Add the following bullets

Contract Documents or Plans may be obtained upon request by paying the actual cost of reproducing the Contract Documents or Plans.

Nothing in the Agreement shall be construed as vesting in the Contractor any right to the property or in the material used after acceptance by the City. All materials shall become the property of the City upon being accepted.

City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, access rights-of-way, and other lands that are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the City, unless otherwise specified in the Contract Documents. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

The Contractor shall confine its equipment, the storage of materials, and the operation of its workmen to limits shown on the plans or indicated by law, ordinances, permits, or directions of the Engineer, and shall not unreasonably encumber the premises with its materials.

Add the following subsection:

00140.05 Cleaning and Site Maintenance - The Contractor shall at all times, at its own expense and without further order, keep property on which work is in progress free from accumulations of waste material or rubbish caused by employees or by the Work, and at all times during the construction period shall maintain structure sites, rights-of-way, adjacent property, and the surfaces of streets and roads on which work is being done in a safe condition for the Contractor’s workers and the public. Accumulation of waste materials that might constitute a fire hazard will not be permitted. Spillage from the Contractor’s hauling vehicles on public or private roads and parking areas shall be promptly cleaned up. Upon completion of the construction, the Contractor shall, at its own expense, remove all temporary structures, rubbish, and waste materials resulting from its operations.

Contractor shall keep the designated work site clear of noxious weeds and free of fire danger related to landscape material the enter length of the project.

Upon Contractor’s failure to provide cleanup within 24 hours of receiving written direction to do so, the City may complete the cleanup by whatever means necessary, and the cost thereof, plus

10 percent for handling, shall be deducted from any payment due the Contractor. Should such amount exceed available funds, City may pursue compensation via a claim. Any such claim shall be in addition to liquidated damages.

Add the following subsection:

00140.06 Cutting and Patching - The Contractor shall provide all cutting, fitting, or patching of its work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown by the Plans.

Add the following subsection:

00140.07 Functional and Performance Testing - Operating equipment and systems shall be functional-tested and performance-tested in the presence of the Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design operating conditions or under simulated operating conditions recommended or approved by the Engineer. Unless timing is otherwise specified, testing shall be scheduled with the Engineer at least 1 week in advance of the planned date for testing and include a factory representative on site. Contractor shall provide written testing plans and all test results to City.

Add the following subsection:

00140.35 Subsurface and Physical Conditions - Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Except for such reliance on such "technical data," Contractor may not rely upon or make any Claim against Agency, Engineer, or any of Engineer’s Consultants with respect to the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information.

Engineer’s Review: After receipt of written notice as required, Engineer will promptly review the pertinent condition, determine the necessity of Agency’s obtaining additional exploration or tests with respect thereto, and advise Agency in writing (with a copy to Contractor) of Engineer’s findings and conclusions. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work;

subject, however, to the following: such condition must meet any one or more of the categories with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions stated in the General Conditions.

Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if the Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Agency in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or if the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or if the Contractor failed to give the written notice within the time and as required by the General Conditions.

If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Agency and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Agency or Contractor may make a Claim therefore as provided in the General Conditions.

Section 00150 – Control of Work

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

00150.05 Cooperative Arrangement - Delete in its entirety.

00150.10 Coordination of Contract Documents - Delete subparagraph (a) in its entirety.

Coordination of Specifications and Plans (Order of Precedence) is stated in the Bid/contact Documents.

00150.15 Construction Stakes, Lines and Grades - Delete and replace this section as follows:

Contractor shall perform all project surveying. See Section 00305.

Add the following subsection:

00150.19 Site Visits and Inspection - Engineer and/or Inspector will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. They will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the Work.

Their efforts are directed toward providing assurance for the City that the completed project will conform to the requirements of the Contract Documents. On the basis of their onsite observations, they will keep City informed on the progress of the Work and will endeavor to guard City against defects and deficiencies in the work of Contractors.

Contractor shall schedule daily inspections through City View Portal for Private Development projects and or work shall be “STOPPED” by direction of the City Engineer.

Add the following subsection:

00150.26 Right to Retain Imperfect Work - If any work done or material furnished under this Agreement shall prove defective and not in accordance with the Plans and Specifications, and if the imperfection is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of the work will create conditions that are dangerous or undesirable, the City shall have the right and authority to retain the defective work and adjust the amount to be paid for the imperfect work. This section is intended to be complementary to, and does not alter or supersede, rights and responsibilities described in other sections of this Agreement, including 00170.80.

00150.27 Use of Completed Portions - The City shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work or such portions that may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents.

Add the following subsection:

00150.34 Schedule of Working Drawings and Sample Submittals - Prepare and submit a schedule of all specified Working Drawings and Sample Submittals identifying Specification Section number, anticipated submittal date, proposed title of submittal, location or facility to which submittal applies, and subcontractor or supplier (if other than Contractor) that is responsible for preparing submittal for Contractor, and earliest date (per contractor’s critical path schedule) by which products or materials that are subject of Working Drawings or Samples are required on-site for incorporation in the work.

00150.35 Plans, 3D Engineered Models, Working Drawings, and 3D Construction Models – Delete and replace this subsection as follows:

Contractor shall submit Working Drawings to Engineer for review and approval in accordance with the accepted schedule of Working Drawings and Sample submittals. All submittals will be identified as Engineer may require and in the number of copies specified in the General Requirements. The data shown on the Working Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information. The Agency will provide a web-based tool for handling submittals, Working Drawings, requests for information, and other communications.

Contractor shall use this tool for communication on the project to maximum extent practicable.

Contractor shall also submit Samples to Engineer for review and approval in accordance with the accepted schedule of Working Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as Engineer may require to enable Engineer to review the submittal. The numbers of each Sample to be submitted will be as specified in the Specifications.

Where a Working Drawing or Sample is required by the Contract Documents or the schedule of Working Drawings and Sample submittals accepted by Engineer as required, any related Work performed prior to Engineer 's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

Before submitting each Working Drawing or Sample, Contractor shall have determined and verified: all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and Contractor shall also have reviewed and coordinated each Working Drawing or Sample with other Working Drawings and Samples and with the requirements of the Work and the Contract Documents.

Each submittal shall bear a stamp or specific written indication that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal.

At the time of each submittal, Contractor shall give Engineer specific written notice of such variations, if any, that the Working Drawing or Sample submitted may have varied from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Working Drawing and Sample submitted to Engineer for review and approval of each such variation.

Engineer will timely review and approve Working Drawings and Samples in accordance with the schedule of Working Drawings and Sample submittals accepted by ENGINEER. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

Engineer 's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

Engineer 's review and approval of Working Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer’s attention to each such variation at the time of each submittal as required and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Working Drawing or Sample approval; nor will any approval by Engineer relieve Contractor from responsibility for complying with the requirements.

Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Working Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

(a) Plans - The Agency-prepared Plans will show details of lines, grades, Cross Sections, and Typical Section of the Roadway, and locations and design details of Structures.

(b) Working Drawings - The Contractor shall supplement the Agency-prepared Plans with stamped Working Drawings, or unstamped Working Drawings that show all information necessary to complete the Work. The applicable Section or Subsection of the Standard Specifications will indicate the supplemental information required and whether the drawings are to be stamped or unstamped. Stamped Working Drawings, unstamped Working Drawings, are defined as follows:

(1) Stamped Working Drawings - Working Drawings, calculations, and other data which are prepared by or under the direction of a Professional Engineer licensed in the State of Oregon, and which bear the engineer's signature, seal, and expiration date.

(2) Unstamped Working Drawings - Working Drawings, calculations, and other data that do not bear an engineering seal.

(c) Number, Size, and Format of Working Drawings - The Contractor shall submit Working Drawings according to one of the following methods:

(1) Paper Submittal – not permitted. If Special Provisions refer to paper submittals, Contractor shall substitute PDF, or other electronic media as directed by Engineer to satisfactorily depict the requirements of the submittal.

(2) Electronic Submittal - The Contractor shall submit electronic Working Drawings as required in 00170.08 and submit via electronic Project Document Tracking System Software.

(d) Processing Working Drawings - The Engineer will process Working Drawings as follows:

(1) Unstamped Working Drawings - Unstamped Working Drawings will be designated as "approved", "approved as noted", or "returned for correction" by the Engineer.

If unstamped Working Drawings are returned for correction by the Engineer, the Contractor shall address all comments and resubmit the unstamped Working Drawings.

00150.40 Cooperation and Superintendence by the Contractor- Add the following bullet after the fourth bullet within this section:

Maintain on the job site, and make available to the Engineer upon request, one current marked-up set of the Design Drawings that accurately indicate all approved variations in the completed Work that differ from the original design information shown on the Drawings.

Add the following bullet after the final bullet in this section:

Contractor shall reasonably provide access for City staff and City representatives to City facilities and the Work at all times, shall not unreasonably restrict access upon request.

00150.41 Construction Management Forms and Communication

Construction forms:

(a) Design Clarification Verification Request (DCVR)

This form is to be used to ask questions as to the design intent or make clarification of the design by the Contractor. This form can also be used by the Engineer to clarify the design intent.

When using EADOC (See 000170.08), the EADOC DCVR tab will substitute for this Transmittal Form.

(b) Work Change Directive (WCD)

It is understood that this work change directive will not change the contract price or schedule, but is evidence that the parties expect a change order to be subsequently issued reflecting any changes.

(c) Field Order

The intent of this Field Order is to authorize minor variations to the contract documents not involving a change in contract price or contract schedule and which are compatible with the design concept of the completed project. This Field Order is binding upon Agency and upon Contractor who will perform the work promptly. If Agency or Contractor believes an adjustment to the contract price or contract schedule is necessary, the party may make a claim therefore in accordance with the general conditions.

(d) Removal From Service (RFS) Request Form

This form shall be used for requesting and documenting significant operations interruptions or requests from the Contractor to make modifications to existing infrastructure that is in operation typically

(e) Request for Quotation

Requests contractor’s proposal of cost and times to perform Agency’s contemplated changes in the work.

Formally issued by the Agency; may be prepared by the engineer as the agent of the City of Bend.

NOT to be utilized for authorization to proceed with the change. Scope of work must be complete with all sketches, specifications, etc. required for contractor to estimate fully the work required. Lower portion of form to be completed and returned by contractor.

(f) Substitution Request: See section 00180.31(b)

This form shall be used for requesting substitutions to the specified products. All requests shall provide data which includes product description, specifications, drawings, photographs, performance and test adequate for evaluation of the request. Applicable portions of the data shall clearly identified.

(g) Submittal Transmittal Form

This form shall be used for submitting Construction submittal information, Project submittal according to the project specification and for submittal tracking purposes.

When using EADOC (See 00170.08), the EADOC submittal tab will substitute for this Transmittal Form.

00150.50 Cooperation with Utilities

(f) Utility Information:

There are no anticipated conflicts with the Utilities listed below. Contact those Utilities having buried facilities and request that they locate and mark them for protection prior to construction.

Utility Contact Person’s

Name and Phone Number

1. CenturyLink ` TBD – 541-385-0221

2. PacifiCorp TBD – 541-388-7156

3. Cascade Natural Gas Donna Herman – 541-706-6282

4. Bend Broadband Dave Munsell – 541-693-5986

5. Quantum Communications Scott Church - 541-923-5599

6. City of Bend - Other Utilities Troy Beck – 541-317-3031

7. BNSF Railroad Terrence Hightower– 541-385-7539

Arrangements for removing, relocating, or adjusting Utilities on the Project are the responsibility of the City. Contact the City for information regarding these arrangements.

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

00150.55 Cooperation with Other Contractors – Add the following paragraph at the end of the subsection:

00150.55 Cooperation with Other Contractors – Add the following paragraph at the end of the subsection:

If any part of the Contractor’s work depends, for proper execution or results, upon the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in the other work that render it unsuitable for proper execution and results. The Contractor’s failure to so inspect and report shall constitute an acceptance of the other contractor’s Work as fit and proper for the reception of its work, except as to defects that may develop in the other contractor’s work after execution of its work.

Add the following subsection:

00150.76 Protection of Property - The Contractor shall adopt every practical means and comply with all laws, ordinances, and regulations in order to minimize interference to traffic and inconveniences, discomfort, and damage to the public, including the provision of adequate dust control measures. All obstructions to traffic shall be guarded in accordance with the “Manual on Uniform Traffic Control Devices.”

The Contractor shall not trespass upon private property and shall be responsible for all injury or damage to persons or property, directly or indirectly, resulting from its operations in completing this Work. They shall comply with the laws and regulations of the City, county and state, relating to the safety of persons and property, and will be held responsible and required to make good any injury or damage to persons or property caused by carelessness or neglect on the part of the Contractor or Subcontractor(s), or any agent or employee of either during the progress of the Work and until its final acceptance.

The Contractor shall protect property, public and/or private, encountered in this Work except as stipulated elsewhere herein. The Contractor shall be responsible and liable for any damage. The

Contractor shall protect its work and materials from damage or the elements, until the completion and acceptance of the Work. All loss or damages arising under the terms of these Contract Documents, or from any unforeseen obstruction or defects that may be encountered in the prosecution of the Work, or from the action of the elements, shall be sustained by the Contractor.

In an emergency affecting human health or safety, the Contractor shall act to prevent or mitigate the risk or threat. Any compensation claimed by the Contractor on account of emergency work shall be determined by agreement or as covered under the Section “Change Orders”.

Add the following subsection:

00150.77 Unforeseen Difficulties - The Contractor shall protect its work and materials from damage resulting from the nature of the work, the elements, carelessness of other contractors, or from any cause whatever until the completion and acceptance of the Work. All loss or damage arising out of the nature of the work to be done under these Contract Documents, or from any unseen obstruction or defects that may be encountered in the prosecution of the Work, or from the action of the elements, shall be sustained by the Contractor.

This clause is complementary to Section 00170.80 and excludes repairs necessitated by damaged caused by

Acts of God or Nature, as defined in Section 00110; or

Actions of governmental authorities.

Add the following subsection:

00150.99 Public Safety and Convenience - The Contractor shall conduct the project with proper regard for the safety and convenience of the public. When the project involves use of public ways, the Contractor shall provide certified Flaggers when directed, a temporary traffic control plan approved by the Engineer, and shall install and maintain means of free access to all property.

Private residential driveways shall be closed only with approval of the Engineer or specific permission of the property owner. The Contractor shall not interfere with normal operation of public transit vehicles unless otherwise authorized. The Contractor shall not obstruct or interfere with travel over any public street or sidewalk without approval. Where detours are necessary, they shall be maintained with good surface and shall be clearly marked. The Contractor shall provide open trenches and excavations with adequate barricades of an approved type that can be seen from a reasonable distance.

At night, the Contractor shall backfill all open trenches, unless otherwise specified, and mark all construction areas with signs and lighted barricades (Type A Low Intensity Flashing Warning Light on a Type I or II barricade, typical) in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). Steel plates will not be permitted within the travel way between November

1st and March 1st. The Contractor shall install and maintain all necessary signs, lights, flares, barricades, railings, runways, stairs, bridges, and facilities. The Contractor shall observe all safety instructions received from the Engineer or governmental authorities, but following of instructions shall not relieve the Contractor from the responsibility or liability for accidents to workers or damage or injury to persons or property.

Emergency traffic such as police, fire, and disaster units shall be provided reasonable access to the work area at all times.

The Contractor shall be liable for any damages that may result from failure to provide reasonable access or failure to notify the appropriate authority.

Design Clarification Verification Request

PROJECT REQUEST NO.

CONTRACTOR DATE

PROJECT NO.

Clarification/Interpretation Requested by

Regarding: Plan sheet of Spec. Section

DESCRIPTION:

Prepared by

Date

RESPONSE ASSIGNED TO:

Project Manager

Project Design Manager

Other__________________

Signed

Date

CITY OF BEND PUBLIC WORKS

WORK CHANGE DIRECTIVE

CONTRACTOR:: WCD NO.:

PROJECT: PROJECT NO.

AGENCY:

ENGINEER:

The following additions, deletions or revisions to the work have been ordered and authorized:

Description of Work:

Reason for change(s):

Attachments (List supporting documents):

It is understood that this work change directive will not change the contract price or schedule, but is evidence that the parties expect a change order to be subsequently issued reflecting any changes.

ORDERED BY: DATE:

RECOMMENEDED BY: DATE:

FIELD ORDER

CONTRACTOR FIELD ORDER NO.

PROJECT PROJECT NO.

AGENCY ENGINEER

The following minor changes in the work have been ordered and authorized:

Description of Changes:

Reason for field order:

Reference Drawing sheets and section(s) or detail(s): Reference Specification section(s) /paragraph(s):

The intent of this Field Order is to authorize minor variations to the contract documents not involving a change in contract price or contract schedule and which are compatible with the design concept of the completed project. This Field Order is binding upon AGENCY and upon CONTRACTOR who will perform the work promptly. If AGENCY or CONTRACTOR believes an adjustment to the contract price or contract schedule is necessary, the party may make a claim therefore in accordance with the general conditions.

Issued by Engineer Contractor Receipt Acknowledgement

By: By:

Title: Title:

Date: Date:

REMOVAL FROM SERVICE (RFS) REQUEST FORM

PROJECT: DATE:_____________

PROJECT NUMBER:

BUILDING/AREA AFFECTED _________________________________________________

SYSTEMS/EQUIPMENT AFFECTED ___________________________________________

DAY OF SHUTDOWN ____________TIME ______________ DURATION _____________

WORK TO BE ACCOMPLISHED _______________________________________________

FOREMAN IN CHARGE __________________ CREW SIZE ________________________

SHUTDOWN ACTIVITIES START TIME SPECIAL REQUIREMENTS

WORK THAT REQUIRES CITY STAFF PARTICIPATION

PROBLEMS THAT MAY BE ENCOUNTERED AND CORRECTIVE ACTION

Initial Contractor Superintendent ___________ Inspector COB ___________ Operations COB ___________

Post on EADOC (Per 00170.08)

REQUEST FOR QUOTATION

QUOTATION NO.

TO: DATE

FROM: PROJECT:

KEYWORD DESCRIPTION:

DATE QUOTATION REQUIRED

The following modification to the contract has been identified. Pursuant to the General Conditions, following the order of precedence, please provide a quotation for the alteration as described in Item 1. The quotation should include an itemized breakdown of contractor and subcontractor costs, including labor, materials, rentals, approved services, overhead, and profit. This request shall not be considered authorization to proceed with the work herein described.

TO BE COMPLETED BY INITIATOR OF REQUEST

1. Scope of Work: (include list of attachments)

2. Reason(s) for Modification:

3. Approval of Request:

City of Bend Date

Engineer Date

TO BE COMPLETED BY CONTRACTOR

1. Total cost of modification (attach detailed breakdown) $

2. Will a modification to the contract time be requires Yes No

a. If so, trade(s)

b. Number of personnel

c. Duration (calendar days)

3. Attachment identification: (list)

4. Quotation is in effect until: (date)

5. Approval of Quotation

Contractor Date

SUBSTITUTION REQUEST (SR)

PROJECT: SR NO.:

CONTRACTOR: CONTRACT NO.

ORIGINATOR: SPEC. SECTION:

DATE SUBMITTED: DRAWING NO. SHEET: OF

SPECIFIED ITEM:

SECTION PAGE PARAGRAPH DESCRIPTION

The undersigned requests consideration for the following:

PROPOSED SUBSTITUTION:

Attached data includes product description, specifications, drawings, photographs, performance and test adequate for evaluation of the request. Applicable portions of the data are clearly identified.

The undersigned states that the following paragraphs, unless modified on attachments, are correct:

1. The proposed substitution does not affect dimensions shown on drawings and will not require any change in any of the contract documents.

2. The undersigned will pay for changes to the design, including engineering design, detailing and construction costs caused by the requested substitution, estimated to be $ .

3. The proposed substitution will have no adverse effect on other contractors, the construction schedule (specifically the date of substantial completion), or specified warranty requirements.

4. Maintenance and service parts will be locally available for the proposed substitution.

5. The incorporation or use of the substitution in connection with the work is not subject to payment of any license fee or royalty.

The undersigned further states that the function, appearance and quality of the proposed substitution are equivalent or superior to the specified item.

Submitted by CONTRACTOR Reviewed by ENGINEER

Signature:

Firm:

Accepted Accepted as Noted

Date:

Not accepted Received too Late

Telephone:

By:

Attachments: Title:

Date:

Remarks:

SUBMITTAL – TRANSMITTAL FORMS

(Need to attach to each submittal) DATE

City of Bend Project Name:

Project Number:

New Submittal Re-submittal

Submittal No:

Specification Section No.:

(One transmittal per section)

Schedule Date of Submittal

Design Engineer:

Contractor:

Submittal Type Shop Drawing Sample Informational Deferred

The following items are hereby submitted:

No. of Copies

Description (Type, Size, Model No., Etc.)

Spec. & Para No.

Drawing No.

Contains Variation to Contract No Yes

Contractor hereby certifies that Contractor has complied with the requirements of Contact Documents in preparation, review, and submission of designated Submittal and the Submittal is complete and in accordance with the Contract Documents and requirements of laws and regulations and governing agencies.

By:

Contractor (Authorized Signature)

Section 00160 – Source of Materials

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

00160.05 Qualified Products List (QPL) – Add the following paragraph:

Products, materials, and equipment listed in the Technical Specifications, Special Provisions or Supplemental Specifications shall be provided in lieu of a similar product on the Qualified Products List. Where no specific product, material, or equipment is specified in the Special Provisions or Supplemental Specifications an item from the QPL may be furnished. Contractor shall submit to the Engineer, a list of any product from the QPL proposed to be included in the work.

ODOT Internet Address: http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/

Section 00165– Quality of Materials

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

00165.00 General – Add the following after the sentence “Materials or manufactured…”:

All materials to be incorporated in the Work shall be subject to sampling, testing, and approval.

Samples furnished by the Contractor shall be representative of the materials to be used. The Engineer may select samples or may require that samples be delivered to and tested as required by the Specifications at the laboratory of the Engineer, at no additional cost to the City.

All sampling and testing of materials shall be done in accordance with the current designated standard methods of the American Association of State Highway and Transportation Officials (AASHTO), American Society for Testing and Materials (ASTM), etc., or in accordance with special methods designated in the Specifications.

The Contractor shall furnish, without additional charges, the necessary test pieces and samples, including facilities and labor for obtaining the same, as requested by the Engineer. When required, the Contractor shall furnish test certificates of materials and equipment made at the point of manufacture by a recognized testing laboratory.

The Engineer shall have access to the Work wherever it is in preparation or progress, and the Contractor shall provide facilities for the access, including maintenance of temporary and permanent access routes.

If the Specifications, laws, ordinances, or public authority requires the Work to be tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection. If the inspection is by authority other than the Engineer, the Engineer shall be given timely notice of the date fixed for the inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If work should be covered without approval or consent of the Engineer, it shall, if required by the Engineer, be uncovered for examination at the Contractor’s expense.

Re-examination of questioned work may be ordered by the Engineer and, if so ordered, the work shall be uncovered by the Contractor. If the work is found not in accordance with the Contract Documents, the Contractor shall correct the defective work at no additional cost to the City.

Observations by Engineer, inspections, tests, or approvals by persons other than the Contractor shall not relieve the Contractor from the obligation to perform work in accordance with requirements of the Contract Documents.

END OF SECTION

Section 00170 – Legal Relations and Responsibilities

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

00170.01 Other Agencies Affecting Agency Contracts - Add the following:

00170.66 Contractor’s and Manufacturer’s Compliance with State, OSHA, and Other Applicable Code Requirements - The completed Work shall include all necessary permanent safety devices such as machinery guards and similar ordinary safety items required by the state and federal Occupational Safety and Health Administration (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work (including City selected equipment) subject to the safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein.

00170.85 Responsibility for Defective Work - Add the following:

(d) Remedies Cumulative - Nothing in this Section 00170.85 precludes the City from asserting any other remedy or theory of recovery, including breach of contract and negligence for defects in the Work.

00170.95 Ownership of Drawings - All Plans, Drawings, Specifications and copies furnished by the City are the City’s property and are not to be used on other work and, with the exception of the signed contract set, are to be returned on request at completion of the work. Any reuse of these materials without written authorization by the City will be at the risk of the user and without any liability or legal expense to the City. All models are the property of the City.

Section 00180 – Prosecution and Progress

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

00180.30 Materials, Equipment, and Work Force – Add the following above the paragraph starting with “The work force shall…”:

The Contractor at all times shall enforce strict discipline and good order among its employees.

The Contractor shall comply with all applicable labor rules, wage scales, and regulations, including nondiscriminatory laws, of the Government of the United States, the State, County, and City or Town in which the Work is performed.

00180.31 Required Materials, Equipment, and Methods – Delete (b) and (c) and replace with the following:

00180.31(b) Substitution and “Or-Equal” Products - The Agency will not consider substitute or “or-equal” products during the bid period, but only after Contract award. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a particular manufacturer or supplier, the naming of the item is intended to establish the type, function, and quality required. If the name is followed by the words “or equal”, indicating that substitution is permitted, materials or equipment of alternate manufacturers or suppliers may be accepted by the Engineer if sufficient information is provided by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to the named manufacturer’s material or equipment. The proposed substitutes or “or equal” submittal procedure also applies to Equipment Manufacturers/Suppliers originally listed by the Contractor in the Bid Proposal Attachment that are not named in the specifications. Submittals are subject to the following requirements:

The burden of proof as to the type, function, and quality of any such substitute material or equipment shall be upon the Contractor.

The Engineer shall be the sole judge as to the type, function, and quality of any such substitute material or equipment, and the Engineer’s decision shall be final.

The Engineer may require the Contractor to furnish, at the Contractor’s sole expense, additional data about the proposed substitute.

The Agency may require the Contractor to furnish, at the Contractor’s sole expense, a special five-year performance guarantee or other surety with respect to the substitute material or equipment.

Acceptance by the Engineer of a substitute item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the Contract Documents and the adequacy of the substitute item.

The Contractor shall be responsible for resultant changes and all additional costs which the accepted substitution requires in the Contractor’s work, the work of the Contractor’s Subcontractors, and all other Contractor’s; and the Contractor shall accomplish such changes without cost to the Agency or Engineer.

Procedure for review by the Engineer will include the following:

If the Contractor proposes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Engineer on the “Substitution Request Form” included in these Supplementary Conditions for acceptance thereof.

Unless otherwise provided by law or authorized in writing by the Engineer, the “Substitution Request Form” shall be submitted within the 35-day period after Award of the Contract.

Whenever a proposed substitute material or equipment has not been submitted within the said 35-day period, or whatever submission of a proposed substitute material or equipment has been judged to be unacceptable by the Engineer, the Contractor shall provide the material or equipment named in the Contract Documents.

The Contractor shall certify that the proposed substitute shall perform adequately the function and achieve the results called for by the general design, be similar and of equal substance to that specified, and be suited to the same use as that specified.

The Engineer shall be allowed a reasonable time within which to evaluate each proposed substitute.

As applicable, no shop drawing submittals shall be made for a substitute item, nor will any substitute item be ordered, installed, or used without the Engineer’s prior acceptance of the Contractor’s “Substitution Request Form” (00150.40(2)), which will be evidenced by a change order.

The Contractor’s Application using the “Substitution Request Form” shall contain the following statements and/or information which shall be considered by the Engineer in evaluating the proposed substitution:

The evaluation and acceptance of the proposed substitute shall not prejudice the Contractor’s achievement of substantial completion on time.

Whether or not acceptance of the substitute for use in the work will require a change in any of the Contract Documents to adopt the design to the proposed substitute.

Whether or not incorporation or use of the substitute item in connection with the work is subject to payment of any license fee or royalty

All variations of the proposed substitute for that specified shall be identified.

Available maintenance, repair and replacement costs and services shall be included.

Itemized estimate of all costs that may result directly or indirectly from the acceptance of such substitute, including costs of redesign and claims from other Contractors affected by the resulting change.

Within 35 calendar days following the Contract Date, the Contractor shall furnish to the Engineer, a complete list of proposed substitutions together with shop drawings and/or such technical data as is defined in the Contract Documents, submittal procedures.

00180.40(b) On-Site Work - Add the following after the bullet that begins with “Assembled all Materials”:

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

00180.40(c) Specific Limitations - Limitations…