4-32665 Lighting RRFBs Special Provisions - Final PSE.pdf

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PART IV – PROJECT SPECIAL PROVISIONS

Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS)

PROFESSIONAL OF RECORD CERTIFICATION(S):

Seal w/ Signature Joseph B.

Bansen

I certify the Special Provision Sections(s) listed below are applicable to the design for the subject project.

Modified Special Provisions were prepared by me or under my supervision.

Sections:

00220, 00221, 00222, 00228, 00850, 00855, 00860, 00865, 00867, 00869, 00902, 00905, 00920, 00930, 00940, 00960, 00962, 00970, 00990, 01070, 02110, 02420, 02530, 02560, 02910, 02926.

Date Signed:

Seal w/ Signature Eric E Germundson

I certify the Special Provision Sections(s) listed below are applicable to the design for the subject project.

Modified Special Provisions were prepared by me or under my supervision.

Sections:

00280, 00305, 00310, 00320, 00350, 00440, 00610, 00641, 00680, 00730, 00745, 00748, 00759, 00765, 01030, 01040, 02001, 02320, 02510, 02610, 02630, 03020.

Date Signed:

jbbansen August 10, 2026 jbbansen August 10, 2026 ii

TABLE OF CONTENTS FOR SPECIAL PROVISIONS

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

SECTION 00120 – BIDDING REQUIREMENTS AND PROCEDURES

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

SECTION 00150 – CONTROL OF WORK

SECTION 00160 - SOURCE OF MATERIALS

SECTION 00170 – LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 00180 – PROSECUTION AND PROGRESS

SECTION 00195 - PAYMENT

SECTION 00210 - MOBILIZATION

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC

CONTROL

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

SECTION 00228 - TEMPORARY PEDESTRIAN AND BICYCLIST ROUTING

SECTION 00280 - EROSION AND SEDIMENT CONTROL

SECTION 00290 - ENVIRONMENTAL PROTECTION

SECTION 00305 - CONSTRUCTION SURVEY WORK

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS

SECTION 00320 - CLEARING AND GRUBBING

SECTION 00350 - GEOSYNTHETIC INSTALLATION

SECTION 00440 - COMMERCIAL GRADE CONCRETE

SECTION 00610 - RECONDITIONING EXISTING ROADWAY

SECTION 00641 - AGGREGATE SUBBASE, BASE, AND SHOULDERS

SECTION 00680 - STOCKPILED AGGREGATES

SECTION 00730 - EMULSIFIED ASPHALT TACK COAT

SECTION 00745 - ASPHALT CONCRETE PAVEMENT - STATISTICAL

ACCEPTANCE

SECTION 00748 - ASPHALT CONCRETE PAVEMENT REPAIR

SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE

STRUCTURES

SECTION 00765 - TACTILE SURFACE INDICATORS

SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS

SECTION 00855 - PAVEMENT MARKERS

SECTION 00860 - LONGITUDINAL PAVEMENT MARKINGS - PAINT

SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE

SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND

BARS

SECTION 00869 - CURB AND NON-TRAVERSABLE MEDIAN MARKINGS

SECTION 00902 - CROSSWALK CLOSURE SUPPORTS

SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS

SECTION 00920 - SIGN SUPPORT FOOTINGS

SECTION 00930 - METAL SIGN SUPPORTS

SECTION 00940 - SIGNS

SECTION 00960 - COMMON PROVISIONS FOR ELECTRICAL SYSTEMS

SECTION 00962 - METAL ILLUMINATION AND TRAFFIC SIGNAL SUPPORTS

SECTION 00970 - HIGHWAY ILLUMINATION

iii

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

INTERCONNECT SYSTEMS & AUTOMATIC TRAFFIC

RECORDERS

SECTION 01030 - SEEDING

SECTION 01040 - PLANTING

SECTION 01070 - MAILBOX SUPPORTS

SECTION 02001 - CONCRETE

SECTION 02110 – POSTS, BLOCKS, AND BRACES

SECTION 02320 - GEOSYNTHETICS

SECTION 02420 - METAL PIPE

SECTION 02510 - REINFORCEMENT

SECTION 02530 – STRUCTURAL STEEL

SECTION 02560 - FASTENERS

SECTION 02630 – BASE AGGREGATE

SECTION 02910 - SIGN MATERIALS

SECTION 02926 - HIGHWAY ILLUMINATION MATERIALS

SECTION 03020 - EROSION MATERIALS

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 4

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

Comply with the referenced Standard Specifications except modified as follows:

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

Comply with Section 00110 of the General Conditions for Construction for the City of Gresham modified as follows:

00110.05(e) Reference to Websites - Add the following bullet list to the end of this subsection:

• American Traffic Safety Services Association (ATSSA) www.atssa.com

• EquipmentWatch www.equipmentwatch.com

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

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

• ODOT Construction Section www.oregon.gov/odot/construction/pages/index.aspx

• ODOT Construction Section - Qualified Products List (QPL) www.oregon.gov/ODOT/Construction/Pages/Qualified-Products.aspx

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

• ODOT Estimating www.oregon.gov/ODOT/Business/Pages/Steel.aspx

• Oregon Legislative Counsel www.oregonlegislature.gov/lc

• ODOT Procurement Office - Conflict of Interest Guidelines and Disclosure Forms www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx http://www.atssa.com/ http://www.equipmentwatch.com/ https://greshamoregon.gov/Purchasing/ https://greshamoregon.gov/Transportation-Division/ http://www.oregon.gov/odot/construction/pages/index.aspx http://www.oregon.gov/ODOT/Construction/Pages/Qualified-Products.aspx http://www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual-Contractors.pdf http://www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual-Contractors.pdf http://www.oregon.gov/ODOT/Business/Pages/Steel.aspx http://www.oregonlegislature.gov/lc http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 5

• ODOT Procurement Office - Construction Contracts Unit prequalification forms www.oregon.gov/odot/business/procurement/pages/bid_award.aspx

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

• ODOT Traffic Control Plans Unit www.oregon.gov/ODOT/Engineering/Pages/Work-Zone.aspx

• ODOT Traffic Standards www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx

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

PCD - Pedestrian Channelizing Device Delete the following abbreviation:

DBE - Disadvantaged Business Enterprise

00110.20 Definitions – Add the following paragraphs to the end of this subsection:

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

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

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

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

SECTION 00120 – BIDDING REQUIREMENTS AND PROCEDURES

Comply with Section 00120 of the General Conditions for Construction for the City of Gresham modified as follows:

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

If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. Failure to submit a form or submission of a form that does not include the information required by ORS 279C.370 for http://www.oregon.gov/odot/business/procurement/pages/bid_award.aspx http://www.oregon.gov/ODOT/Engineering/Pages/Work-Zone.aspx http://www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 6 each Subcontractor listed, specifically the name of each Subcontractor, the dollar amount of each subcontract and the category of Work that each Subcontractor will perform, will result in the rejection of the Bid. The Agency is not required to determine the accuracy or the completeness of the Subcontractor disclosure. See ORS 279C.370 and OAR 731-005-0420.

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

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

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

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

Comply with Section 00130 of the General Conditions for Construction for the City of Gresham modified as follows:

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

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

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

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

00130.40(c) Workers' Compensation – Replace this subsection, except for the subsection number and title, with the following:

To certify compliance with the workers' compensation insurance coverage required by 00170.61(a) and 00170.70(e), the successful Bidder shall complete and sign the "Certification of Workers' Compensation Coverage" form bound in the Contract booklet.

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

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 7

SECTION 00150 – CONTROL OF WORK

Comply with Section 00150 of the General Conditions for Construction for the City of Gresham modified as follows:

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

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

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

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

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

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

• In addition to the notification required in OAR 952-001-0090(7), notify the Engineer and the Utility as soon as the Contractor discovers any previously unknown Utility conflicts or issues. Contrary to the OAR, stop excavating until directed by the Engineer and allow the Utility a minimum of two weeks to relocate or resolve the previously unknown Utility issues; and

Add the following subsection to subsection 00150.50:

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

Utility Contact Person Name and Phone Number

Portland General Electric Jay Randall

Jay.Randall@pgn.com

(503) 268-2105

NW Natural Gas Brock Inman

Brock.Inman@nwnatural.com

(971) 979-6869

Ziply Fiber Rui Wu

Rui.Wu1@ziply.com

(971) 990-7269

Comcast Nick Houghton

Nick_Houghton@comcast.com

(855) 237-7896

Verizon Ian Lambie

Ian.Lambie@verizon.com

(503) 867-2758

Astound Steve Gooding

Steven.Gooding@astound.com

(971) 303-3875 mailto:Jay.Randall@pgn.com mailto:Brock.Inman@nwnatural.com mailto:Rui.Wu1@ziply.com mailto:Nick_Houghton@comcast.com mailto:Ian.Lambie@verizon.com mailto:Steven.Gooding@astound.com

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 8

Rockwood Water Jeremy Hanson

Jhanson@rwpud.org

(503) 665-4170

City of Gresham Sewer Brian Ott (503) 618-2941

City of Gresham Stormwater David Neal (503) 618-2974

City of Gresham Water Steven Walker (503) 618-2990

SECTION 00160 - SOURCE OF MATERIALS

Comply with Section 00160 of the General Conditions for Construction for the City of Gresham modified as follows:

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

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

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

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

If federal highway funds are involved on the Project, the Contractor shall comply with the Build America Buy America Act and implementing regulations (Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, Sections 70901-70941).

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

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

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

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

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

mailto:Jhanson@rwpud.org

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 9

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

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

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

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

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

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

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

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

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

• Processed into a specific form and shape; or

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

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

The USDOT issued a Public Interest Waiver for De Minimis Costs and Small Grants. The final waiver can be viewed here:

https://www.federalregister.gov/documents/2023/08/16/2023-17602/waiver-of-buy-america-requirements-for-de-minimis-costs-and-small-grants and this waiver applies to Materials covered by the Build America Buy America Act.

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

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 10

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

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

*The “total value of the non-compliant products” includes construction materials and manufactured products only. The “total applicable costs” includes construction materials, iron and steel, and manufactured products. The value of materials are the actual cost of the materials, not the anticipated cost of materials. Furthermore, this bullet does not apply to iron and steel subject to the requirements of 23 U.S.C. 313.

The de minimis threshold in 23 CFR 635.410(b)(4) continues to apply for steel and iron. (See 00160.20(a).)

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

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

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

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

The Contractor shall include this provision in all subcontracts.

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

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

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

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 11

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

TABLE 00165-3

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

$0

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

$300 per Calendar Day

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

(PDX).

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

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

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

SECTION 00170 – LEGAL RELATIONS AND RESPONSIBILITIES

Comply with Section 00170 of the General Conditions for Construction for the City of Gresham modified as follows:

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

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

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

The Contractor shall include in its subcontracts, purchase orders, and all other written agreements, a provision requiring all Subcontractors, Material Suppliers and providers of rented operated Equipment (except truck drivers), at all tiers, to comply with 00170.07. The Contractor shall also require all Subcontractors, Material Suppliers, and providers of rented operated Equipment (except truck drivers), at all tiers, and Related Entities to include in their

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 12 contracts, purchase orders, and all other written agreements, a provision requiring all lower-tier Subcontractors, Material Suppliers and providers of rented operated Equipment (except truck drivers) to comply with 00170.07. The Material Suppliers to which this applies are those for Aggregates, asphalt cement concrete, Portland cement concrete and the supply and fabrication of structural steel items and Material suppliers that provide Material quotes and Related Entities as defined in OAR 734-010-0400.

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

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

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

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

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

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

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

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

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

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

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 13

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

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

The annual aggregate limit shall not be less than the dollar amount specified in the Special Provisions. The policy shall be endorsed to state that the annual aggregate limit of liability shall apply separately to the Contract.

Add the following to the end of subsection 00170.70:

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

Insurance Coverage Combined Single Limit per

Occurrence Annual Aggregate

Limit

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

Commercial Automobile Liability

$1,000,000 (aggregate limit not required)

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

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

00170.70(c) Excess/Umbrella Liability - Replace this subsection, except for the subsection number and title, with the following:

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

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

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

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 14

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

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

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

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

SECTION 00180 – PROSECUTION AND PROGRESS

Comply with Section 00180 of the General Conditions for Construction for the City of Gresham modified as follows:

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

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

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

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

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

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

Add the following subsection:

00180.50(h) Contract Time - There is one Contract Time on this Project as follows:

The Contractor shall complete all Work to be done under the Contract before the elapse of 240 Calendar Days, or not later than July 30, 2027, whichever occurs first.

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 15

The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $1,100 per Calendar Day *.

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

SECTION 00195 - PAYMENT

Comply with Section 00195 of the General Conditions for Construction for the City of Gresham modified as follows:

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

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

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 16

SECTION 00210 - MOBILIZATION

Comply with Section 00210 of the Standard Specifications modified as follows:

00210.90 Payment - Replace the paragraph that begins “No separate or additional…” with the following paragraph:

No separate or additional payment will be made for any costs associated with obtaining and maintaining access to Doc Express® and AASHTOWare ProjectTM or the use of Doc Express® and AASHTOWare ProjectTM.

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

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

00220.01(b) Abbreviations - Delete this subsection.

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

• Before activating a modified traffic signal, revising lane usage, implementing new roadway geometry, or removing a "STOP" sign, protect traffic by installing "NEW TRAFFIC PATTERN AHEAD" (W23-2) signing according to 00222.40. Keep the signs in place for 30 Calendar Days after completing the modifications.

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

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

00220.02(b) Temporary Pedestrian Accessible Route Plan - Replace the title of this subsection with “Temporary Pedestrian Accessible Route”

Replace the paragraph that begins "For the safety and accessibility …" with the following paragraph:

For the safety and accessibility of pedestrians, provide and maintain TPAR for pedestrian pathways impacted by construction or construction staging, and the following:

Replace the bullet that begins "TPAR shall meet …" with the following bullet:

• Meet the requirements of Part 6 of the MUTCD.

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 17

Replace the bullet that begins "Mount signs between the panels…" with the following bullet:

• Mount signs between the panels of a Type II barricade, on a PCD, or on a single-post temporary sign support, as shown. Place signs facing pedestrian traffic.

Add the following bullet(s) to the end of the bullet list:

• Maintain access to bus stops and Pedestrian Accessible Routes.

• For each location where a curb ramp or sidewalk is under construction, once demolition of the existing Pedestrian Accessible Route has begun, complete Pedestrian Accessible Route Work, including concrete sidewalks, curb ramps, and pavement repair and allow pedestrians to use the Pedestrian Accessible Route within 14 consecutive Calendar Days.

• A maximum of 5 locations where pedestrians are detoured from an existing Pedestrian Accessible Route, with a curb ramp(s) or sidewalk under construction, are allowed to be closed for pedestrian use at one time, unless otherwise directed by the Engineer.

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

One Traffic Lane may be closed on all Roadways within the Project Sites, when allowed, shown, or directed during the following periods of time except as specified in 00220.40(e)(2):

• Daily, Monday through Thursday, and Fridays that do not precede holiday weekends, between 8:00 a.m. and 4:00 p.m.

• Fridays preceding holiday weekends, between 8:00 a.m. and 12:00 p.m.

00220.40(e)(2) Opened Lanes - Replace the paragraph that begins "Keep all Traffic Lanes and …" with the following paragraph:

Keep all Traffic Lanes and pedestrian facilities open during the following periods. Remove all barricades and objects from the Roadway during the periods that Traffic Lanes are to remain open.

00220.40(e)(2)(a) Holidays - Replace the paragraph that begins "When a holiday falls …" with the following paragraph:

When a holiday falls on Sunday, the following Monday is recognized as a legal holiday. When a holiday falls on Saturday, the preceding Friday is recognized as a legal holiday.

00220.40(e)(2)(b) Special Events - Add the following to the end of this subsection:

The following special events will occur during this Project:

• Hood to Coast 2027 Relay, all times, August, 2027

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 18

00220.60(a)(1) Contractor Responsibility - Replace this subsection, except for the subsection number and title, with the following:

If this Work is not completed and in place, the Agency may do the Work according to 00220.60(d).

(a) Do the following at no additional cost to the Agency:

• Keep surfaces being used by Public Traffic free of all dirt, mud, gravel, materials, and debris.

• Repair damage to surfaces caused by the Contractor's operations.

• Maintain all detour and stage construction Surfacing as specified or directed.

(b) Before periods of no active Work that last longer than seven consecutive Days, unless otherwise directed, do the following:

• Provide temporary pedestrian surfaces meeting the requirements of the MUTCD and Section 00228.

• Provide traversable bicycle and pedestrian routes with surfaces free of dirt, mud, gravel, and debris.

(c) Before periods of no active Work that is anticipated to last or lasts longer than 30 consecutive Days, unless otherwise directed, do the following:

• Pave Traffic Lanes at least 12 feet wide, with 2-foot-wide paved Shoulders for each direction of traffic.

• Do not leave abrupt edges.

• Remove or cover temporary construction signs unless otherwise directed.

• Clean, install, and reinstall all necessary pedestrian, motor vehicle, and bicycle channelization and pavement markings, unless otherwise directed.

00220.60(a)(2) Agency Responsibility - Replace the paragraph that begins "The Agency is responsible …" with the following paragraph:

The Agency is responsible to do the following at Agency expense:

00220.60(b) During Suspensions - Replace the paragraph that begins "During suspensions of the Work …" with the following paragraph:

During suspensions of the Work, maintain Surfacings that the Contractor is responsible for under 00220.60(a)(1), and maintain Work Zone traffic control according to the Specifications and the following:

00220.70 Opening to Traffic - Replace the paragraph that begins "When it is in the public interest, the …" with the following paragraph:

When it is in the public interest, the Engineer may order any portion of the Work opened to traffic. If the portion opened to traffic has been finished in an acceptable manner, it will be designated as "accepted for traffic", and the Contractor will be relieved of maintaining it for legal, Public Traffic. If the portion of the Work to be opened to traffic has not been finished in an acceptable manner, maintain that portion of the Work under traffic in a condition

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 19 serviceable and adequate for traffic until it is finished in an acceptable manner, except as specified in 00220.60(b).

Replace the paragraph that begins "Maintain portions of the Work designated …" with the following paragraph:

Maintain portions of the Work designated "accepted for traffic" if so ordered. Maintain portions of the Work opened to traffic but not "accepted for traffic" at no additional compensation, except watering ordered to protect the Work or to alleviate dust will be paid for according to Section 00340.

Replace the paragraph that begins "If the Contractor delays the completion …" with the following paragraph:

If the Contractor delays the completion of Shoulders, sidewalks, curb ramps, drainage Structures, or other feature of the Work, the Engineer may order all or any portion of the Work to be opened to traffic. In this case, the Contractor is responsible for maintenance as described in 00220.60(a)(1), during the period the Work is opened to traffic, until Final Acceptance. Conduct the remaining operations to cause the least obstruction to traffic, and pay all additional costs caused by the presence of traffic.

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

Comply with Section 00221 of the Standard Specifications modified as follows:

00221.05 Regulations and Codes - Replace this subsection with the following subsection:

Provide all electrical Equipment, Materials, and Work conforming to NEC requirements and all other laws that apply.

00221.06 Traffic Control Plan - Replace this subsection with the following subsection:

00221.06 Traffic Control Plan and Tourist-Oriented Directional and Business Logo Signs -

(a) Traffic Control Plan - Submit one of the following, 5 Calendar Days before the preconstruction conference:

(1) Agency Traffic Control Plan - If the Contractor intends to use the Agency TCP without modification, a written notification indicating that the Agency TCP will be used without modification.

(2) Contractor-Modified Traffic Control Plan - The Contractor may request to use a Contractor-modified Agency TCP, or a TCP developed by the Contractor. Do not use a modified TCP, or a TCP developed by the Contractor, unless approved by the Engineer. Use the Agency TCP unless a modified TCP, or a TCP developed by the Contractor is accepted.

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 20

The Engineer is not obligated to consider any modified Agency TCP or a TCP developed by the Contractor. The Agency will not be liable to the Contractor for failure to accept or act upon any request for a modified Agency TCP or a TCP developed by the Contractor.

To conserve time and funds, the Contractor may first submit a written request for a preliminary review by the Engineer. The request should contain a description of the proposal together with a rough estimate of anticipated dollar and time impacts. The Engineer will, within a reasonable time, respond to the Contractor in writing whether or not the request would be considered by the Agency.

Meet all requirements of the Contract documents and comply with the Project transportation management plan (TMP) if requesting a Contractor-modified Agency TCP, or a Contractor developed TCP. Provide the following information:

• Stamped Working Drawings according to 00150.35 that include the proposed TCP showing all TCM and quantities of TCD.

• A TPAR plan that includes:

• Details and features used to provide pedestrian accessibility.

• Pedestrian staging Plans at a scale no smaller than 1 inch = 50 feet.

• Temporary alternate facilities or detour routes for pedestrian traffic.

• Staging sequences and details for Work affecting vehicular, pedestrian, and bicycle traffic.

• Proposed order and duration of the TCM.

• A detailed temporary striping plan.

If the Contractor’s request to use a Contractor-modified Agency TCP, or a TCP developed by the Contractor is approved in whole or in part, acceptance will be made by a Change Order.

The Engineer will establish prices that represent a fair measure of the value of Work to be added, changed, or deleted as a result of any accepted modifications to the Agency TCP or an accepted TCP developed by the Contractor.

Once a TCP has been accepted by the Engineer, submit any additional modifications for Agency review following the procedure described above. The Engineer is not obligated to consider additional modifications to a previously approved TCP.

(b) Tourist-Oriented Directional and Business Logo Signs - Submit one of the following for approval, at least 5 Calendar Days before the preconstruction conference:

(1) No Signs - If there are no tourist-oriented directional (TOD) or business logo signs on the Project, a written notification that no TOD or business logo signs exist within the Project limits or

(2) Signs - Submit one copy of a sketch map of the Project showing all existing TOD and business logo signs and a written narrative describing how these signs will be kept in service and protected throughout all the construction stages. If modifications are

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 21 necessary, submit updated information to the Engineer for approval at least 21 Calendar Days before the change is needed.

00221.10 General - Replace the paragraph that begins “All Work Zone TCD shall…” with the following paragraph:

Provide Work Zone TCD complying with the crashworthiness requirements of the National Cooperative Highway Research Program (NCHRP) Report 350 or with the AASHTO Manual for Assessing Safety Hardware (MASH).

00221.20 Safety Apparel - Replace the paragraph that begins “Workers, except flaggers, working …” with the following paragraph:

Workers, except flaggers, working within Highway Right of Way and exposed to traffic or construction Equipment are required to wear high visibility safety apparel that meets the Performance Class requirements of the most current version of ANSI/ISEA 107, American National Standard for High Visibility Safety Apparel and Headwear Devices. Wear safety apparel that at least meets the following minimum requirements:

00221.40 General - Replace the paragraph that begins “Existing operational TCD’s shall remain…” with the following paragraph:

Maintain existing TCD’s in operation throughout the Contract or until replaced by new, permanent TCD as appropriate.

00221.60 Temporary Traffic Control Devices - Replace the paragraph that begins “TCD delivered to the Project Site found…” with the following paragraph:

Repair or replace TCD delivered to the Project Site found to be in “marginal” or “unacceptable” condition, at no additional cost to the Agency.

00221.90(b) Temporary Protection and Direction of Traffic – Replace the bullet that begins “Providing, Surfacing, maintain…” with the following bullet:

• Providing, surfacing, maintaining, removing, and restoring the TPAR.

00221.98 Payment, Method "B" - Lump Sum Basis - Replace the paragraph that begins "Payment will be payment …" with the following paragraph:

Payment will be payment in full for furnishing, installing, moving, operating, maintaining, inspecting, and removing Materials and TCD, and for providing all Equipment, labor, and Incidentals necessary to complete the Work as specified.

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

Comply with Section 00222 of the Standard Specifications modified as follows:

00222.10 Temporary Signs - Replace the paragraph that begins "Furnish temporary signs meeting …" with the following paragraph:

City of Gresham Project Special Provisions

PROJECT: Lighting and Rectangular Rapid Flash Beacons (Gresham) (2018 ARTS) 22

Furnish temporary signs meeting the requirements of the "Acceptable" category shown in the ATSSA Quality Guidelines for Temporary Traffic Control Devices and Features handbook, available from the ATSSA website. Use Materials and fabricate signs according to Section 00940, Section 02910 and the following:

00222.11(b) Portable Sign Supports - Replace the paragraph that begins "Use portable sign supports …" with the following paragraph:

Use portable sign supports from the QPL and according to the following:

0022.12(b) Permanent Signs - Replace the paragraph that begins "Sign covers for permanent signs …" with the following paragraph:

Provide sign covers for permanent signs according to Section 00941.

00222.13 Sign Flags - Replace the paragraph that begins "Sign flags shall be …" with the following paragraph:

Provide sign flags that are:

00222.40(e) Temporary Sign Placement - Add the following to the end of the bullet list:

• Place a “WAIT FOR FLAGGER” (CR4-23) sign approximately 50 feet in advance of each flagger station, facing incoming pedestrian traffic when a flagger is required to coordinate pedestrian movements. Install the sign on a conical marker or other temporary sign support, as shown or as directed. Do not allow the sign installation height or location to block the visibility of the flagger for incoming Public Traffic.

• At least ten Calendar Days before closing a…