4-4 General Conditions for Construction.pdf

STANDARD SPECIFICATIONS FOR

CONSTRUCTION –

GENERAL CONDITIONS

City of Milwaukie - Revised 3/2026 2 General Conditions for Construction

TABLE OF CONTENTS

PART 00100 - GENERAL CONDITIONS

Section 00110 - Organization, Conventions, Abbreviations, and Definitions

00110.00 Organization of Specifications 7

00110.05 Conventions Used Throughout the Specifications Include 7

00110.10 Abbreviations 8

00110.20 Definitions 12

Section 00120 - Bidding Requirements and Procedures

00120.17 Use of Agency-Owned Land for Staging or Storage Areas 20

Section 00130 - Award and Execution of Contract 20

Section 00140 - Scope of Work

00140.00 Purpose of Contract 20

00140.10 Typical Sections 21

00140.20 Thickness 21

00140.30 Agency-Required Changes in the Work 21

00140.40 Differing Site Conditions 22

00140.50 Environmental Pollution Changes 22

00140.60 Extra Work 22

00140.65 Disputed Work 23

00140.70 Cost Reduction Proposals 23

00140.80 Use of Publicly Owned Equipment 24

00140.90 Final Trimming and Cleanup 24

Section 00150 - Control of Work

00150.00 Authority of the Engineer 25

00150.01 Project Manager's Authority and Duties 26

00150.02 Inspector's Authority and Duties 26

00150.10 Coordination of Contract Documents 26

00150.15 Construction Stakes, Lines, and Grades 27

00150.20 Inspection 28

00150.25 Acceptability of Materials and Work 29

00150.27 Responsibility of the Contractor 29

00150.30 Delivery of Notices 29

00150.35 Plans and Working Drawings 30

00150.37 Equipment Lists and Other Submittals 31

00150.40 Cooperation and Superintendence by the Contractor 31

00150.50 Cooperation with Utilities 33

00150.55 Cooperation with Other Contractors 35

00150.60 Construction Equipment Restrictions 36

City of Milwaukie - Revised 3/2026 3

00150.65 Use of Light, Power and Water 36

00150.70 Detrimental Operations 36

00150.73 Salvage and Recycling Materials 37

00150.75 Protection and Maintenance of Work During Construction 37

00150.80 Removal of Unacceptable and Unauthorized Work 38

00150.90 Final Inspection 38

00150.91 Post-Construction Review 39

00150.95 Final Acceptance 39

00150.96 Maintenance Warranties and Guarantees 39

00150.97 Responsibility for Materials and Workmanship 39

00150.98 Cleanup 39

00150.99 Waste Sites 40

Section 00160 - Source of Materials

00160.00 Definitions 40

00160.01 Notification of Source of Supply and Materials 40

00160.05 Qualified Products List (QPL) 41

00160.07 Electrical Equipment and Materials 41

00160.10 Ordering, Producing, and Furnishing Materials 42

00160.20 Preferences for Materials 42

00160.21 Cargo Preference Act Requirements 44

00160.30 Agency-Furnished Materials 44

00160.40 Agency-Furnished Sources 44

00160.50 Agency-Controlled Land; Limitations and Requirements 45

00160.60 Contractor-Furnished Materials and Sources 45

00160.70 Requirements for Plant Operations 46

00160.80 Requirements for Sources of Borrow and Aggregate 46

Section 00165 - Quality of Materials

00165.00 General 47

00165.01 Rejected Materials 47

00165.02 Materials Conformance and Quality Compliance Documents 47

00165.03 Testing by Agency 47

00165.04 Costs of Testing 47

00165.10 Materials Acceptance Guides 47

00165.20 Materials Specifications and Test Method References 48

00165.30 Field-Tested Materials 49

00165.35 Nonfield-Tested Materials 49

00165.40 Statistical Analysis 50

00165.50 Statistical Acceptance Sampling and Testing 51

00165.70 Use of Materials without Acceptable Materials Conformance Documents 51

City of Milwaukie - Revised 3/2026 4

00165.75 Storage and Handling of Materials 51

00165.80 Measurement 51

00165.90 Incidental Basis 51

00165.91 Fabrication Inspection Expense 52

Section 00170 - Legal Relations and Responsibilities

00170.00 General 53

00170.01 Other Agencies Affecting Agency Contracts 53

00170.02 Permits, Licenses, and Taxes 56

00170.03 Furnishing Right-of-Way and Permits 56

00170.04 Patents, Copyrights, and Trademarks 56

00170.05 Assignment of Antitrust Rights 57

00170.07 Record Requirements 57

00170.08 Electronic Document Management 60

00170.10 Required Payments by Contractors 61

00170.20 Public Works Bond 62

00170.32 Protection of Navigable Waters 62

00170.60 Safety, Health, and Sanitation Provisions 62

00170.61 Industrial Accident Protection 63

00170.62 Labor Nondiscrimination 63

00170.63 Payment for Medical Care 63

00170.65 Minimum Wage and Overtime Rates for Public Works Projects 63

00170.70 Insurance 66

00170.71 Independent Contractor Status 68

00170.72 Indemnity/Hold Harmless 69

00170.74 Employee Drug Testing Program 70

00170.75 Labor Regulations 70

00170.78 Conflict of Interest 70

00170.79 Third Party Beneficiary 70

00170.80 Responsibility for Damage to Work 70

00170.82 Responsibility for Damage to Property and Facilities 72

00170.85 Responsibility for Defective Work 73

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

Roadway Restoration 75

00170.92 Fencing, Protecting Stock, and Safeguarding Excavations 75

00170.93 Trespass 76

00170.94 Use of Explosives 76

Section 00180 - Prosecution and Progress

00180.00 Scope 76

00180.05 Assignment/Delegation of Contract 76

City of Milwaukie - Revised 3/2026 5

00180.06 Assignment of Funds Due under the Contract 76

00180.10 Responsibility for Contract 76

00180.15 Agency's Right to Do Work at Contractor's Expense 77

00180.20 Subcontracting Limitations 77

00180.21 Subcontracting 79

00180.22 Payments to Subcontractors and Agents of the Contractor 82

00180.30 Materials, Equipment, and Work Force 82

00180.31 Required Materials, Equipment, and Methods 82

00180.32 Alternative Materials, Equipment, and Methods 84

00180.40 Limitation of Operations 84

00180.41 Project Work Schedules 86

00180.42 Preconstruction Conference 94

00180.43 Commencement and Performance of Work 95

00180.50 Contract Time to Complete Work 95

00180.60 Notice of Delay 97

00180.65 Right-of-Way and Access Delays 97

00180.70 Suspension of Work 97

00180.80 Adjustment of Contract Time 98

00180.85 Failure to Complete on Time; Liquidated Damages 100

00180.90 Termination of Contract and Substituted Performance 100

Section 00190 - Measurement of Pay Quantities

00190.00 Scope 102

00190.10 Measurement Guidelines 102

00190.20 Contractor to Provide Vehicle Weigh Scales 104

00190.30 Plant Scales 107

Section 00195 - Payment

00195.00 Scope and Limit 108

00195.10 Payment For Changes in Materials Costs 108

00195.12 Steel Material Price Escalation/De-Escalation Clause 108

00195.13 Asphalt Cement Material Price Escalation/De-escalation Clause 110

00195.20 Changes to Plans or Character of Work 111

00195.30 Differing Site Conditions 112

00195.40 Unreasonable Delay by the Agency 112

00195.50 Progress Payments and Retained Amounts 112

00195.60 Advance Allowance for Materials on Hand 116

00195.70 Payment under Terminated Contract 116

00195.80 Allowance for Materials Left on Hand 117

00195.90 Final Payment 117

00195.95 Error in Final Quantities and Amounts 118

City of Milwaukie - Revised 3/2026 6

Section 00196 - Payment for Extra Work

00196.00 General 118

00196.10 Negotiated Price 119

00196.20 Force Account 119

Section 00197 - Payment for Force Account Work

00197.00 Scope 119

00197.01 General 119

00197.10 Materials 121

00197.20 Equipment 121

00197.30 Labor 123

00197.40 Invoices for Special Services 123

00197.80 Percentage Allowances 123

00197.90 Billings 124

Section 00199 - Disagreements, Protests and Claims

00199.00 General 124

00199.10 Procedure for Resolving Disagreements 124

00199.15 Inappropriate Protest or Claim 124

00199.20 Protest Procedure 125

00199.30 Claims Procedure 126

00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies 130

00199.50 Mediation 134

00199.60 Review of Determination Regarding Records 134

City of Milwaukie - Revised 3/2026 7

PART 00100 - GENERAL CONDITIONS FOR CONSTRUCTION

Part 00100, as originally published by Oregon Department of Transportation for Certified Local Public Agencies, has been modified by the City of Milwaukie (“Agency”). The general conditions for construction set forth apply to the Agency’s public improvements.

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS, AND DEFINITIONS

00110.00 Organization of Specifications

The Specifications are comprised of the following:

• General Conditions for Construction, as modified by the Agency, which contain Part 00100 General Conditions that outline the contractual requirements;

• Current version of Oregon Standard Specifications for Construction, as modified by the Agency, which contain Parts 00200 through 03000 published by the Oregon Department of Transportation, which contain the detailed Technical Specifications involved in prosecution of the Work, organized by subject matter; and

• Special Provisions.

In addition, throughout the Specifications:

• Each Part is divided into Sections and Subsections.

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

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

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

00110.05 Conventions Used Throughout the Specifications Include:

(a) Grammar – The General Conditions for Construction for City of Milwaukie, Part 00100 General Conditions, is written in the indicative mood, in which the subject is expressed. The current version of Oregon Standard Specifications for Construction, published by the Oregon Department of Transportation, which contain Parts 00200 through 03000, the detailed Technical Specifications, are generally written in the imperative mood, in which the subject is implied. Therefore, throughout Parts 00200 through 03000, and on the Plans:

• The subject, "the Contractor", “the Agency” and/or “the Engineer,” is implied.

• “Shall” refers to action required of the Contractor, Agency, and/or Engineer, and is implied.

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

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

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

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

City of Milwaukie - Revised 3/2026 8

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

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

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

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

• Statutes and Rules - Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR) referenced in the Specifications are accessible online, including through the Oregon Legislative Counsel Committee web site and through the Oregon Secretary of State Archives Division web site.

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

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

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

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

City of Milwaukie - Revised 3/2026 9

AAR - Association of American Railroads

AASHTO - American Association of State Highway and Transportation Officials

ABC - Associated Builders and Contractors, Inc.

AC - Asphalt Concrete

ACI - American Concrete Institute

ACP - Asphalt Concrete Pavement

ACWS - Asphalt Concrete Wearing Surface

ADA - Americans with Disabilities Act

AGC - Associated General Contractors of America

AIA - American Institute of Architects

AISC - American Institute of Steel Construction

AISI - American Iron and Steel Institute

AITC - American Institute of Timber Construction

ANSI - American National Standards Institute

APA - Engineered Wood Association

APWA - American Public Works Association

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

ASCE - American Society of Civil Engineers

ASME - American Society of Mechanical Engineers

ASTM - American Society for Testing and Materials

ASTV - Actual Strength Test Value

ATPB - Asphalt Treated Permeable Base

AWG - American Wire Gauge

AWPA - American Wood Protection Association

AWS - American Welding Society

AWWA - American Water Works Association

CAgT - Certified Aggregate Technician

CAT-I - Certified Asphalt Technician I

CAT-II - Certified Asphalt Technician II

CBM - Certified Ballast Manufacturers

CCO - Contract Change Order

CCT - Concrete Control Technician

CDT - Certified Density Technician

CEBT - Certified Embankment and Base Technician

CMDT - Certified Mixture Design Technician

CPF - Composite Pay Factor

CRSI - Concrete Reinforcing Steel Institute

City of Milwaukie - Revised 3/2026 10

CFR - Code of Federal Regulations

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

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

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

DBE - Disadvantaged Business Enterprise

DEQ - Department of Environmental Quality, State of Oregon

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

DSL - Department of State Lands, State of Oregon

EAC - Emulsified Asphalt Concrete

EPA - U.S. Environmental Protection Agency

ESCP - Erosion and Sediment Control Plan

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

FSS - Federal Specifications and Standards, General Services Administration

GSA - General Services Administration

ICEA - Insulated Cable Engineers Association (formerly IPCEA)

IES - Illuminating Engineering Society

IMSA - International Municipal Signal Association

ISO - International Standards Organization

ISSA - International Slurry Surfacing Association

ITE - Institute of Transportation Engineers

JMF - Job Mix Formula

MFTP - Manual of Field Test Procedures (ODOT)

MIL - Military Specifications

MSC - Minor Structure Concrete

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

Department of Transportation

NEC - National Electrical Code

NEMA - National Electrical Manufacturer's Association

NESC - National Electrical Safety Code

NIST - National Institute of Standards and Technology

NPDES - National Pollutant Discharge Elimination System

NPS - Nominal Pipe Size (dimensionless)

OAR - Oregon Administrative Rules

ODA - Oregon Department of Agriculture

ODOT - Oregon Department of Transportation

ORS - Oregon Revised Statutes

City of Milwaukie - Revised 3/2026 11

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

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

PCA - Portland Cement Association

PCC - Portland Cement Concrete

PCI - Precast/Prestressed Concrete Institute

PCP - Pollution Control Plan

PF - Pay Factor of a constituent

PLS - Professional Land Surveyor

PMBB - Plant Mixed Bituminous Base

PTI - Post Tensioning Institute

PUC - Public Utility Commission, State of Oregon

QA - Quality Assurance

QC - Quality Control

QCT - Quality Control Technician

QL - Quality Level

QPL - Qualified Products List

RAP - Reclaimed Asphalt Pavement

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

RMA - Radio Manufacturers Association or Rubber Manufacturers Association

SAE - Society of Automotive Engineers

SI - International System of Units (Système Internationale)

SRCM - Soil and Rock Classification Manual (ODOT)

SSPC - Society for Protective Coatings

T - Tolerances, AASHTO Test Method

TM - Test Method (ODOT)

TV - Target Value

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

UL - Underwriters Laboratory, Inc.

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

USC - United States Code

WAQTC - Western Alliance for Quality Transportation Construction

WCLIB - West Coast Lumber Inspection Bureau

WWPA - Western Wood Products Association

City of Milwaukie - Revised 3/2026 12

00110.20 Definitions - Following are definitions of words and phrases used in the Standard Specifications, in the Special Provisions, on the Plans, and in other Contract Documents. Other definitions may be in the individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in OAR 731-005 and OAR 731-007.

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

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

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

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

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

Agency - The City of Milwaukie, a municipal corporation of the State of Oregon, which has entered into a Contract with the Contractor.

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

Aggregate - Rock of specified quality and gradation.

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

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

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

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

Bid Bond - The Surety bond for Bid guaranty.

Bid Booklet - The electronic version that is available to be downloaded from the Agency Bid Management System, that contain the information identified in 00120.10.

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

Bid Documents - See under Solicitation Document.

Bid Opening - The date and time Bids are opened.

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

Bid Section - The portion of the Bid Booklet containing all pages after the Bidder's checklist and before the appendix.

City of Milwaukie - Revised 3/2026 13

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

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

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

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

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

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

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

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

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

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

City Engineer – The City Engineer is the person designated by the Agency’s public works director or city manager.

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

Class of Work - A designation referring to the type of Work in which Bidders must be pre-qualified.

Classes of Work are limited to those listed in ODOT's Contractor's Prequalification Application.

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

Clear Zone - Roadside border area, starting at the edge of the Traveled Way, that is available for safe use by errant vehicles. Establishing a minimum width Clear Zone implies that rigid objects and certain other hazards within the Clear Zone should be relocated outside the Clear Zone, or shielded, or remodeled to make them break away on impact or be safely traversable.

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

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

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

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

Construction Contracts Unit – Agency’s office that administers construction contracts

City of Milwaukie - Revised 3/2026 14

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

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

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

Contract Day – Days counted for the purpose of charging Contract Time.

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

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

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

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

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

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

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

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

Emulsified Asphalt - Emulsified asphalt cement.

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

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

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

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

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

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

City of Milwaukie - Revised 3/2026 15

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

Final Acceptance - Written confirmation by the Agency that the Project has been accepted by the Agency.

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

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

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

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

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

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

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

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

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

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

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

Local Public Agency (LPA) or Local Agency - See Agency.

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

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

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

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

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

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

City of Milwaukie - Revised 3/2026 16

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

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

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

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

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

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

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

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

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

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

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

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

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

Plans - Standard and Supplemental Drawings as well as approved unstamped and reviewed stamped Working Drawings (see 00150.10 and 00150.35).

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

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

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

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

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

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

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

City of Milwaukie - Revised 3/2026 17

Retainage Bond - the approved security furnished by the Contractor's Surety as a financial guaranty of the Contractor's obligation to complete the Work in lieu of the Agency holding cash retainage.

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

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

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

Roadway - That portion of a Highway improved and available for vehicular use. It refers to all Pavement contiguous to the Traveled Way lying typically between the curbs or edges of pavement.

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

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

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

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

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

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

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

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

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

Soil - Accumulations of particles produced by the disintegration of Rock, which sometimes contains organic matter. Particles may vary in size from Clay to Boulders.

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

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

City of Milwaukie - Revised 3/2026 18

Special Services - Work services that the Contractor and Engineer agree cannot be satisfactorily performed by the Contractor’s and Subcontractors’ forces, including, but not limited to, temporary traffic control, owner operated trucking, saw cutting, core drilling, vacuum excavation, arborist services, fabrication and machining work that is most effectively performed away from the Project Site, or rental of operated Equipment as defined in 00180.20(c).

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

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

Standard Specifications – The current version of Oregon Standard Specifications for Construction, published by the Oregon Department of Transportation, as amended by the Agency, consisting of Part 00100 General Conditions for Construction for the City of Milwaukie and Parts 00200 through 03000 Technical Specifications. It provides directions, provisions, and requirements necessary for performing public improvement projects.

State - The State of Oregon.

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

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

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

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

Substructure - Those parts of a Structure which support the Superstructure, including bents, piers, abutments, and integrally built wingwalls, up to the surfaces on which bearing devices rest.

Substructure also includes portions above bearing surfaces when those portions are built integrally with a Substructure unit (e.g., backwalls of abutments). When Substructure and Superstructure elements are built integrally, the division between Substructure and Superstructure is considered to be at the bottom soffit of the longitudinal or transverse beam, whichever is lower. Culverts and rigid frames are considered to be entirely Substructure.

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

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

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

Surety - The Entity that issues the bond.

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

Third Notification - Written acknowledgment by the Engineer, subject to Final Acceptance, that as of the date of the notification the Contractor has completed the Project according to the Contract, including without limitation completion of all minor corrective work, Equipment and

City of Milwaukie - Revised 3/2026 19 plant removal, site clean-up, and submittal of all certifications, bills, forms and documents required under the Contract.

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

Topsoil - Soil ready for use in a planting bed.

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

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

Typical Section - That Cross Section established by the Plans which represents in general the lines to which the Contractor will work in the performance of the Contract.

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

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

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

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

Work Day - Every Calendar Day excluding Saturdays, Sundays and legal holidays as listed in

ORS187.010.

Worker - Any person performing work under the contract, including employees of the Contractor or subcontractor, and persons having full or partial ownership of the Contractor or subcontractor (This definition is not intended to nor does it alter the definition or meaning of the term “worker” as used in any applicable laws or regulations, including but not limited to for purposes of paying prevailing wage rates).

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

Workplace Violence - Any act of physical, verbal or written aggression by an individual in or related to the workplace and/or project sites. This includes, but is not limited to, verbal abuse, threats or intimidation and physical intimidation, assault or battery by a worker or former worker.

Workplace violence may also include destruction or abuse of property.

City of Milwaukie - Revised 3/2026 20

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

Section 00120 is deleted in its entirety with the exception of the condition below. Refer to section

40.000 of the Agency’s Public Contracting Rules for bidding requirements and procedures.

00120.17 Use of Agency-Owned Land for Staging or Storage Areas - Agency-owned property may be used by the Contractor for staging or storage areas, subject to the following limitations:

(a) Within Normal Right-of-Way Limits - If approved by the Engineer, the Contractor may use available property within the normal Right-of-Way limits for the purpose of constructing improvements under the Contract. Where the Agency owns, or has rights to, other adjacent properties in the Project area, "normal Right-of-Way" is limited to a line drawn across that property connecting the normal Right-of-Way limits on either side of the property.

(b) Outside Normal Right-of-Way Limits - Contractor may not use Agency-owned property outside of normal Right-of-Way limits for the Project without the written approval of the Agency.

Contractor may request, in writing, to use Agency-owned property outside the normal Right-of-Way limits for the purposes of a construction staging or storage area. If request is approved by the Agency, then use of the property will be assessed fair market value, as determined by the Agency, and documented in a separate contract (i.e., temporary construction easement).

(c) Restrictions on Use - Contractor shall comply with all applicable laws, ordinances, and regulations pertaining to use of Agency-owned property, and:

• Not cause unreasonable impacts on traffic and other facility users.

• Clean up all hazardous materials deposited by, or resulting from, Contractor operations.

• Be responsible for all costs associated with use of the property.

• All staging areas must be approved, in writing, by the Agency prior to mobilizing materials and equipment.

• All staging areas must be fenced off to the satisfaction of the Agency.

• No storage of materials will be allowed in areas which may pose a hazard to pedestrians, or which may potentially block access to the site.

SECTION 00130 – AWARD AND EXECUTION OF CONTRACT

Section 00130 is deleted in its entirety. Refer to section 40.000 of the Agency’s Public Contracting Rules for award and execution of contract procedures.

SECTION 00140 - SCOPE OF WORK

00140.00 Purpose of Contract - The purpose of the Contract is to set forth the rights and obligations of the parties and the terms and conditions governing completion of the Work. Contractor's obligations will include without limitation the following:

• Contractor shall furnish all Materials, Equipment, labor, transportation, and Incidentals required to complete the Work according to Plans, Specifications, and terms of the Contract.

• Contractor shall perform the Work according to the lines, grades, Typical Sections, dimensions, and other details shown on the Plans, as modified by written order, or as directed by the Engineer.

City of Milwaukie - Revised 3/2026 21

• Contractor shall perform all Work determined by the Engineer to be necessary to complete the Project.

• Contractor shall contact the Engineer for any necessary clarification or interpretation of the Contract.

• Contractor shall have the Contract Documents, an approved set of construction plans and a copy of the current version of the Oregon Standard Specifications available at the Project Site at all times.

00140.10 Typical Sections - The Typical Sections are intended to apply in general. At other locations where the Typical Section is not appropriate, the Contractor shall perform construction to the identified alignment as directed by the Engineer.

00140.20 Thickness - The thickness of Courses of Materials shown on the Plans, given in the Specifications, or established by the Engineer is considered to be the compacted thickness. Minor variations are acceptable when within tolerances specified in the Specifications or Plans, or when approved by the Engineer.

00140.30 Agency-Required Changes in the Work - Changes to the Plans, quantities, or details of construction are inherent in the nature of construction and may be necessary or desirable during the course of Project construction.

Without impairing the Contract, the Agency reserves the right to require changes it deems necessary or desirable within the scope, which in the Specifications means general scope, of the Project. These changes may modify, without limitation:

• Specifications and design

• Grade and alignment

• Cross Sections and thicknesses of Courses of Materials

• Method or manner of performance of Work

• Project Limits or may result in:

• Increases and decreases in quantities

• Additional Work

• Elimination of any Contract item of Work

• Acceleration or delay in performance of Work

Upon receipt of a Change Order, the Contractor shall perform the Work as modified by the Change Order. If the Change Order increases the Contract Amount, the Contractor shall notify its Surety of the increase and shall provide the Agency with a copy of the modified bond documents or a surety rider within 15 calendar days of receipt of the executed Change Order.

The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain shall be at the Contractor’s expense and included in the total cost of Work.

Contractor’s performance of Work according to Change Orders shall neither invalidate the Contract nor release the Surety. Payment for changes in the Work will be made according to

00195.20. Contract Time adjustments, if any, will be made according to 00180.80.

City of Milwaukie - Revised 3/2026 22

00140.40 Differing Site Conditions - The following constitute differing Project Site conditions provided such conditions are discovered at the Project Site after commencement of the Work.

For Federal Aid Highway Construction projects:

• Type 1 - Subsurface or latent physical conditions that differ materially from those indicated in the Contract Documents; or

• Type 2 - Unknown physical conditions of unusual nature that differ materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract.

For projects that are not Federal Aid Highway Construction projects:

• Type 1 - Subsurface or latent physical conditions that could not have been discovered by careful examination of the Project Site, utilities and available records as described in the Solicitation Documents and differ materially from those indicated in the Contract Documents; or

• Type 2 - Unknown physical conditions of unusual nature that differ materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract.

The party discovering such a condition must promptly notify the other party, in writing, of the specific differing conditions before they are disturbed and before the affected Work is performed.

Contractor shall not continue Work in the affected area until the Engineer has inspected such condition according to 00195.30 to determine whether an adjustment to Contract Amount or Contract Time is required.

P…