Marquam Paving Project Page 1 of 56 CI-3-26402 Special Provisions

SPECIAL PROVISIONS

FOR

MARQUAM PAVING PROJECT

CLACKAMAS COUNTY DEPARTMENT OF

TRANSPORTATION AND DEVELOPMENT

CLACKAMAS COUNTY, OREGON

Asphalt Paving & Oiling, Earthwork, Miscellaneous Highway Appurtenances, and Temporary Traffic Control

Marquam Paving Project Page 2 of 56

CLACKAMAS COUNTY DEPARTMENT OF TRANSPORATION AND DEVELOPMENT

SPECIAL PROVISIONS

FOR

MARQUAM PAVING PROJECT

CI-3-26402

CLACKAMAS COUNTY, OREGON

PROFESSIONAL OF RECORD CERTIFICATION(s):

Seal w/signature I certify the Special Provisions Sections listed below are applicable to the design for the subject project for traffic and roadway improvements. Modified Special Provisions were prepared by me or under my supervision.

Section 00210, 00220, 00221, 00222, 00223, 00224, 00225, 00280, 00290, 00310, 00331, 00340, 00350, 00490, 00585, 00610, 00620, 00641, 00730, 00744, 00748, 00749, 00867, 02630, 02640

2026.04.17 11:13:29 -07'00'

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SPECIAL PROVISIONS

WORK TO BE DONE

MARQUAM PAVING PROJECT

CLACKAMAS COUNTY, OR

The Marquam Paving Project is an asphalt paving contract. This contract will resurface 3.58 miles of rural roads in the Marquam area, including S Drake Rd (collector) between the End of County Maintenance (east side of Marion County’s bridge over Butte Creek) and OR213 (major arterial);

S Farm Road (local) between S Drake Rd (collector) and S Oster Rd (local); and S Farm Road (local) between S Oster Rd (local) and S Monte Cristo Rd (minor arterial).

This contract will include, but not be limited to: placing approximately, 8,860 tons of asphalt; 4,000 square yards of cold plane pavement removal; surface removal; completing pavement and subgrade repairs of varying depths and widths; edge of roadway repairs; shoulder repairs;

installing, maintaining, and removing temporary work zone traffic control measures; and performing hincidental work as called for by the specifications and plans. The project estimate for this contract is $1,660,000.

APPLICABLE SPECIFICATIONS

The Specification that is applicable to the Work on this Project is the 2024 edition of the "Oregon Standard Specifications for Construction" produced by the Oregon Department of Transportation and the Oregon Chapter of the APWA.

All number references in these Special Provisions shall be understood to refer to the Sections and subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and to Sections and subsections contained in these Special Provisions in their entirety.

CLASS OF PROJECT

This is a Clackamas County Project and it is not federally funded.

CLASS OF WORK

Asphalt Concrete Paving and Oiling (ACP) Earthwork and Drainage (EART) Miscellaneous Highway Appurtenances (HMA) Temporary Traffic Control (TTC)

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Section 00110 – Organization, Conventions, Abbreviations and Definitions

Comply with Section 00110 of the Standard Specifications supplemented and/or modified as follows:

00110.05(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and Permits

Add the following to the first bullet (Statutes and Rules):

Clackamas County’s Local Contract Review Board (LCRB) Rules are accessible online on the County’s website https://dochub.clackamas.us/documents/drupal/ef976bc9-14f4- 495b-9bd8-c69ee7334685

EquipmentWatch www.equipmentwatch.com

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

00110.10 Abbreviations

Add the following:

CCDA - Clackamas County Development Agency

DTD - Clackamas County Department of Transportation and Development LCRB - Local Contract Review Board

ODFW - Oregon Department of Fish and Wildlife UNS - Utility Notification System WES - Water Environment Services of Clackamas County

00110.20 Definitions

Add or modify definitions as follows:

Agreement Form – The written agreement between the Owner and Contractor covering the work to be performed under the contract.

Amendment – A contract modification for Additional Work, Changed Work, Extra Work, Field Directives, or other changes. An Amendment changes the contract value, scope, and/or time. Amendments require formal approval by the Board of County Commissioners, pursuant to LCRB Rule Division C-049-160, prior to approval of such work.

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Approved Equal - Materials or services proposed by the contractor and approved by the County as equal substitutes for those materials or services specified.

Award – Same as “Notice to Intent to Award”.

BCC – The Clackamas County Board of County Commissioners

Bid - A written offer by a bidder on forms furnished by the County to do work stated in the bid documents at the prices quoted. "Bid" is synonymous with "proposal" in these bid documents.

Bid Closing - The date and time for Bid Closing is the same as the date and time for Bid Opening.

Bid Documents- The following documents together comprise the Bid Documents:

Invitation to Bid, Instructions to Bidders, Bid Form, Bid Proposal, Schedule of

Prices, Bid

Bond, Performance Bond

Certificate of Insurance, Prevailing Wage Rates

The "Oregon Standard Specifications for Construction" by ODOT and APWA, 2024 edition.

Plans and drawings

Other bid documents included or referenced in the bid documents

Addenda, if any

The Agreement Form and Special Provisions

Bonds - The bond or surety bond is a written document given by the surety and principal to the obligee to guarantee a specific obligation.

Change Order - A price agreement for Extra Work, Changed Work, field directives, or other changes. A Change Order does not change the contract value, scope, or time until it is incorporated into an Amendment. Change Orders will be agreed upon, in writing, by the County Project Manager and the Contractor’s designated representative.

Contract - The written contract agreement, including amendments, signed by the Contractor and Clackamas County, which describes the work to be done, the contract amount, and defines the relationships and obligations of the Contractor and the County.

Contract Documents - The Invitation to Bid, the Instructions to Bidders, the accepted Bid Proposal and Schedule of Prices, the Subcontractor List, the Bid Bond, the

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Performance and Payment Bond, the Certificate of Insurance, the Prevailing Wage Rates, the Standard Specifications and Special Provisions, Amendments, the Plans and Drawings, the Agreement, as well as all documents incorporated by reference therein, and any and all addenda prepared by or at the direction of and adopted by the County and further identified by the signature of the parties and all modifications thereof incorporated in the documents before their execution.

County - The term "County" shall mean Clackamas County, including the Board of County Commissioners, employees and agents of the County authorized to administer the conditions of these contract documents.

Department – A subdivision of the Agency.

Engineer - The County's Project Manager either acting directly or through an authorized representative(s). When referring to approval of extra work or other Contract modifications, “Engineer” also refers to the County’s legal authority according to the LCRB rules.

Invitation to Bid - The public announcement (Notice to Contractors) inviting bids for work to be performed or materials to be furnished.

Legal Holiday - As defined in ORS 279C.540.

Lump Sum - A method of payment providing for one all-inclusive cost for the work or for a particular portion of the work.

Notice of Intent to Award - A written notice from the County notifying bidders that the County intends to award to the responsible bidder submitting lowest responsive bid.

ODOT Procurement Office – Clackamas County Purchasing Department.

Owner – Synonymous with Agency.

Plan Holder’s List – A list of contractor’s names, contact names, phone and fax numbers that the County’s Purchasing Department creates during bidding of the Project.

Project Manager – The Owner’s representative who directly supervises the engineering and administration of the contract.

Shop Drawings – Synonymous with Working Drawings.

Solicitation Document – Synonymous with Bid Documents.

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

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Standard Specifications - "Oregon Standard Specifications for Construction", current edition, published by the Oregon Department of Transportation and as amended by the Agency.

State - Where the term “State” or “State of Oregon” or “ODOT” appears in the contract documents it shall mean “Clackamas County”, “State of Oregon”, or “ODOT” as applicable because of context.

Work Day - Any and every calendar day from January 1 to December 31 of every year, excluding Saturdays, Sundays and Legal Holidays.

END OF SECTION

Section 00120 – Bidding Requirements and Procedures Comply with Section 00120 of the Standard Specifications supplemented and/or modified as follows:

00120.00 Prequalification of Bidders - Delete and replace with the following:

See Instructions to Bidders. To gain Prequalification of Bidders through ODOT:

If delivered by electronic mail, the application shall be sent to:

ODOTProcurementOfficeConstruction@odot.oregon.gov

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

Oregon Department of Transportation Procurement Construction Contracts, MS #33 355 Capitol Street NE Salem, OR 97301

00120.01 General Bidding Requirements – Delete and replace with the following:

See Instructions to Bidders.

00120.05 Request for Plans, Special Provisions, and Bid Booklets: – Delete and replace with the following:

See Notice of Public Improvement Contract and Instructions to Bidders.

Copies of the 2024 Oregon Standard Specifications for Construction and Supplements might be found on the Oregon Department of Transportation website at:

http://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx

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The Plans, which are applicable to the Work to be performed under the Contract, are included in these Special Provisions.

00120.17 Use of Agency-Owned Land for Staging or Storage Areas – Comply with Section

00120.17 of the Standard Specifications.

00120.25 Subsurface Investigations - Comply with Section 00120.25 of the Standard Specifications.

The Agency or its consultant has conducted subsurface or geologic investigations of the Project Site, and the results of these investigations are included in the Bid Documents and available at the Engineer’s office.

00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids - Delete and replace with the following:

See Instructions to Bidders.

00120.40 Preparation of Bids – Delete and replace this section with the following:

See Instructions to Bidders.

00120.45 Submittal of Bids - Delete and replace with:

See Instructions to Bidders.

00120.50 Submitting Bids for More than One Contract – Delete this subsection.

00120.60 Revision or Withdrawal of Bids - Delete and replace with the following:

See Instructions to Bidders.

00120.70 Rejection of Nonresponsive Bids – Delete and replace with the following:

00120.95 Opportunity for Cooperative Arrangement – Delete this section.

Section 00130 – Award and Execution of Contract

Comply with Section 00130 of the Standard Specifications supplemented and/or modified as follows:

00130.00 Consideration of Bids - Delete third paragraph.

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00130.10 Award of Contract - Delete and replace with the following:

00130.15 Right to Protest Award – Delete and replace with the following:

00130.30 Contract Booklet – Add the following:

Other documents are part of the contract documents by reference. These include, but are not limited to:

The "Oregon Standard Specifications for Construction", 2024 Edition, as published by the Oregon Department of Transportation (ODOT).

“Oregon Standard Drawings” latest edition, as published by ODOT.

Clackamas County Service District No. 1 "Surface Water Standard Specifications", latest edition.

00130.40 Contract Submittals - Delete and replace with the following:

See Instructions to Bidders.

00130.70 Release of Bid Guaranties – Delete and replace with the following:

Section 00140 – Scope of Work

Comply with Section 00140 of the Standard Specifications supplemented and/or modified as follows:

00140.30 Agency-Required Changes in the Work – Replace the last paragraph with the following:

Upon receipt of an Engineer’s written order modifying the Work, the Contractor shall perform the Work as modified via Change Order, which may be subject to approval as an Amendment.

If an Amendment incorporating changes to the Work increases the Contract amount, the Contractor shall notify its Surety of the increase and shall provide the Agency with a copy of any resulting modification to bond documents. The Contractor’s performance of Work pursuant to Amendments shall neither invalidate the Contract nor release the Surety. Payment for changes

Marquam Paving Project Page 10 of 56 in the Work shall be made in accordance with 00195.20. Contract Time adjustments shall be made in accordance with 00180.80.

00140.31 "As-Built" Records - Add the following section:

Maintain a current and accurate record of the work completed during the course of this contract.

This may be in the form of "as-built" drawings kept by accurately marking a designated set of the contract plans with the specified information as the Work proceeds. Accurate, complete and current "as-built" drawings are a specified requirement for full partial payment of the work completed. At project completion and as a condition of final payment, the Contractor shall deliver to the Project Manager a complete and legible set of "as-built" drawings.

The "as-built" drawings must show the information listed below. Where the term "locate" or "location" is used, it shall mean record of position with respect to both the construction vertical datum and either construction horizontal datum or a nearby permanent improvement.

1) Record location of underground services and utilities as installed.

2) Record location of existing underground utilities and services that are to remain and that are encountered during the course of the work.

3) Record changes in dimension, location, grade or detail to that shown on the plans.

4) Record changes made by change order.

5) Record details not in the original plans.

6) Provide fully completed shop drawings reflecting all revisions.

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

00150.00 Authority of the Engineer – Delete and replace the first sentence with the following:

Except as indicated elsewhere in the Contract (e.g. Amendment approval by the BCC), the Engineer has full authority over the Work and its suspension.

00150.05 Cooperative Arrangements – Delete this section.

00150.10 Coordination of Contract Documents

(a) Order of Precedence – Delete this section and replace with the following:

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The Engineer will resolve any discrepancies between these documents in the following order of precedence:

Approved Amendments;

Approved Change Orders

Bid Schedule with Schedule of Prices;

Permits from governmental agencies Special Provisions;

Agency-prepared drawings specifically applicable to the Project and bearing the Project title;

Reviewed and accepted, stamped Working Drawings;

Agreement Form;

Standard Drawings;

Approved Unstamped Working Drawings;

Standard Specifications;

All other Contract Documents not listed above.

Notes on a drawing shall take precedence over drawing details.

Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled dimensions.

00150.15(a) General – Delete this subsection.

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

The Engineer will:

• Provide copies of plans and specifications.

• Perform measurements and calculations for pay quantities.

• Perform final "as constructed" measurements.

00150.15(c) Contractor Responsibilities - Replace this subsection, except for the subsection

The Contractor shall perform the Contactor responsibilities described in the ODOT Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305) and the following:

The Contractor shall be responsible to furnish all field controls for setting principal lines, grades, and measurements as needed to construct the Work as indicated in the Contract Documents.

Perform earthwork slope staking including intersections and matchlines and set stakes defining limits for clearing which approximate right-of-way and easements.

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Inform the Engineer of any property corners monuments and/or survey markers that are not shown on the plans and are found during construction activities prior to disturbing the monuments. Allow the Agency 2 Work days for referencing all found markers before they are removed. Monuments that are noted on the plans to be protected and are disturbed by the Contractor's activities shall be replaced by the Contractor’s surveyor at the Contractor's expense.

00150.50 Cooperation with Utilities: Add the following to the end of Paragraph (a):

There may be other utility servers who are not specifically listed in these Special Provisions or on the Plans that may be adjusting or inspecting their facilities within the project limits.

The locations, depth and description of existing utilities shown were compiled from available GIS mapping, records and/or field observations. The Engineer or Utility Companies do not guarantee the accuracy or the completeness of such locations. Additional utilities may exist in the project area.

00150.50(c) Contractor Responsibilities – Add the following to the bulleted list:

• Hold a utility scheduling meeting and monthly utility coordination meetings (see also 00180.42);

• Maintain and re-establish utility location marks according to OAR 952-001-0090(3)(a).

Coordinate re-establishment of the location marks with the associated Utility;

• Determine the exact location before excavating within the tolerance zone according to OAR 952-001-0090(3)(c);

• Backfill any exposed utilities as recommended and approved by the Utility representative.

Obtain utility locate warning tape from the Utility and replace damaged or removed warning tape. Utility locate warning tape may not be present at all existing utilities;

• Stake, place warning tape, and maintain no work limits around critical Utility facilities as shown or directed by the Engineer and the Utility; and

• In addition to the notification required in OAR 952-001-0090(6), 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.

The existing underground utilities shown on the Plans have been determined by as-built records and field surveys, but are not guaranteed to be complete or accurate. The Contractor shall be responsible for contacting the individual utility companies to mark locations, and arranging with them for any relocation work that should be required.

The Contractor shall make excavations and borings ahead of the work where necessary to determine the exact location of underground pipes or other features, which might interfere with construction. The Contractor shall support and protect pipes or other services where they cross the trench and shall be responsible for all damages incidental in interruptions of service that may be caused by Contractor operations. Where a new utility line crosses an existing pipeline or other conduit, the trench backfill shall be well compacted in a manner that provides for the required

Marquam Paving Project Page 13 of 56 backfill and compaction standards while protecting the utility in question.

Add the following subsection:

00150.50(f) Utility Information (No Anticipated Relocations) - Within the Project limits, there are no anticipated relocations with the Utilities listed below. The Contractor shall contact those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction.

Utility

Contact Person's Name, Address, Email, and Phone Number

Portland General Electric Summer Bennett Summer.Bennett@pgn.com

Monitor Telecom Support@monitorcoop.net 503-634-2266

Clackamas Broadband Exchange Duke Dexter DDexter@clackamas.us 503-722-6663

The Contractor shall notify, in writing, the Utilities listed above, with a copy to the Engineer, at least 14 Calendar Days before beginning Work on the Project.

00150.60(a) Load and Speed Restrictions for Construction Vehicles and Equipment - Add the following bullet to the end of the bullet list:

• Marion County Bridge No. 6208A (bridge over Butte Creek at the west end of the work area along S Drake Rd): The Contractor shall restrict the speed and combined weights of construction vehicles, Equipment, and Materials on Bridges according to 00220.45.

00150.70 Detrimental Operations – Add the following:

Portions of this project might be constructed in close proximity to existing private improvements.

All private improvements disturbed by the Contractor’s operations shall be repaired or replaced to equal or better condition at the Contractor’s expense. The Engineer may withhold from future payments to the Contractor, an amount equal to the costs reasonably estimated by the Engineer to repair or replace, as the case may be, those private improvements disturbed by the Contractor’s operations. Engineer shall release the retained amount once Engineer has determined that the Contractor has completed the repair consistent with the requirements of this provision. In addition, prior to construction, the Contractor shall provide to the Engineer videotape showing private property, if any, which may be disturbed during construction.

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Section 00160 – Source of Materials Comply with Section 00160 of the Standard Specifications supplemented and/or modified as follows:

00160.20(a) Buy America – Delete this section and replace with the following: Federal highway funds are NOT involved on this Project.

Section 00165 – Quality of Materials

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

00165.04 Costs of Testing – Replace this section with the following sentence: All testing required to be performed by the Contractor will be at the Contractor’s expense.

00165.10(a) Field-Tested Materials – Add the following sentence: The County follows the MFTP on its projects:

00165.10(b) Nonfield-Tested Materials - Add the following sentence:

The County follows the NTMAG on its projects.

Section 00170 – Legal Relations and Responsibilities

Comply with Section 00170 of the Standard Specifications supplemented and/or modified as follows:

00170.02 Permits, Licenses, and Taxes – Add the following:

This project is to be constructed in Clackamas County road right of way and streets. There are no separate road opening permits required from Clackamas County to perform the work required under this contract.

The Contractor shall obtain and pay for a Clackamas County Road Closure Request for Temporary Road Closures when streets are intending to be closed as part of an approved temporary traffic control plan.

The following additional permits are required for the Work:

ODOT: The County has performed advanced outreach with the ODOT District 3B Permits office regarding the Work and obtained an ODOT Permit, Permit Number 03M49801, to

Marquam Paving Project Page 15 of 56 occupy or perform operations upon a State highway. Contractor to submit notice to work 48 hours prior to the start of work to ODOT. Refer to permit for additional conditions. Hours for flagging traffic on State Highways is limited to:

o Monday – Thursday, 9:00 a.m. to 4:00 p.m.

o Friday, 9:00 a.m. to noon o No work on weekends or holidays

Marion County: A right-of-way permit is not required from Marion County for the Work.

However, the contractor shall submit the site-specific traffic control plan to the County two weeks prior to construction to allow sufficient time to inform the public, if warranted.

o Point of contact:

Tina Powell, Engineering Technician Engineering, Marion County Public Works Email: tmpowell@co.marion.or.us Phone: (503) 584-7704

00170.61(a) Workers’ Compensation - Replace this subsection, except for the subsection

The Contractor shall provide workers' compensation coverage for on-the-job injuries as required by 00170.70(e).

00170.65(b)(1) Minimum Wage Rates – Replace the paragraph that begins "The Bureau of Labor and Industries (BOLI) …" with the following paragraph:

The Bureau of Labor and Industries (BOLI) determines and publishes the existing State prevailing wage rates in the publication Prevailing Wage Rates for Public Works Contracts. The Contractor shall pay workers not less than the specified minimum hourly wage rate according to ORS 279C.838 and ORS 279C.840, and shall include this requirement in all subcontracts.

Add the following subsection:

00170.67 Fees - The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Oregon Bureau of Labor and Industries under the administrative rules of the Commissioner.

00170.70(a) Insurance Coverages - Add the following to the end of this subsection:

The following insurance coverages and dollar amounts are required pursuant to this subsection:

Insurance Combined Single Limit Annual Aggregate Coverages per Occurrence Limit

Commercial General Liability $1,000,000 $2,000,000 Commercial Automobile Liability $1,000,000 (aggregate limit not required)

00170.70(d) Additional Insured - Replace the paragraph that begins "The liability insurance coverages of 00170.70(a)…" with the following paragraph:

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The liability insurance coverages of 00170.70(a) shall include an Additional Insured Endorsement endorsing the “State of Oregon, the Oregon Transportation Commission and the Oregon Department of Transportation, and their respective officers, members, agents, and employees” as Additional Insureds, but only with respect to the Contractor's activities to be performed under the Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The liability coverages of 00170.70(a) that are permitted by the Agency to be obtained by an appropriate Subcontractor shall include all of the foregoing as Additional Insureds and shall also include the Contractor and its officers and employees as Additional Insureds.

Clackamas County and its officers, agents, and employees Clackamas County Board of Commissioners Consor North America, Inc

Marion County

00170.72 Indemnity/Hold Harmless – Delete and replace with the following:

Clackamas County Public Improvement Contract.

Extend indemnity and hold harmless to the Agency and the following:

Clackamas County and its officers, agents, and employees Clackamas County Board of Commissioners Consor North America, Inc

Marion County

00170.85(b-1) Contractor Warranty for Specific Items – This subsection does not apply:

Section 00180 – Prosecution and Progress Comply with Section 00180 of the Standard Specifications supplemented and/or modified as follows:

00180.06 Assignment of Funds Due Under the Contract - Delete first bulleted item.

00180.21 Subcontracting - Add the following to subsection (a):

All contracts with subcontractors or suppliers shall have provisions making the contract assignable to the County, at the option of the County, if the Contractor terminates, goes out of business, declares bankruptcy, or otherwise is unable to perform provided that the County gives the subcontractor notice of assignment within fourteen (14) days of learning of the inability of the Contractor to perform.

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The Engineer may revoke consent to subcontract. If the Engineer revokes consent to subcontract, the subcontractor shall be immediately removed from the Project Site.

00180.40 Limitation of Operations - Add the following to subsection (a):

The Contractor must provide, at a minimum, a 48-hour notice to the Clackamas County Project Manager in order to perform any work on Saturdays.

00180.40(b) On-Site Work – Add the following bulleted items:

Conduct a Traffic Control Meeting per Section 00221.08;

An approved Subgrade Protection Plan per Section 00610.01;

Conduct a Prepaving Conference per Section 00744.51;

Add the following paragraph to the end of the subsection:

The Contractor shall not begin On-Site Work before June 15, 2026, unless approved by the Engineer.

Add the following subsection:

00180.40(c) Specific Limitations - Limitations of operations specified in these Special Provisions include, but are not limited to, the following:

Limitations Subsection

Cooperation with Utilities .......................................... 00150.50 On-Site Work ......................................................... 00180.40(b) Contract Time ...................................................... 00180.50(h) Closed Lanes .................................................. 00220.40(e)(1) Limited Duration Road Closure ............................... 00220.40(f) Noise Control ........................................................... 00290.32 Maintenance Under Traffic ....................................... 00620.43 Opening Sections to Traffic

Be aware of and subject to schedule limitations in the Standard Specifications that are not listed in this Subsection.

00180.41 Project Work Schedules – Add the following:

A Type “B” schedule as detailed in the Standard Specifications is required on this Contract. In addition, a three-week look ahead schedule shall be prepared by the Contractor on a weekly basis and submitted to the Engineer. It shall include all construction activities planned for the following three-week period. The three-week look ahead schedule can be hand-written and shall be in a format agreed upon by the Contractor and the Engineer.

The Contractor shall notify the County 2 weeks before the first substantial work activity commences on the project site. Project Information Signs and Portable Changeable

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Message Signs shall be in place 2 weeks before the first substantial work activity commences on the project site.

00180.42 Preconstruction Conference - Add the following:

The Contractor shall conduct a group Utilities scheduling meeting with representatives from the Utility companies involved with this Project and the Engineer before the preconstruction conference. The Contractor shall incorporate the Utilities time needs into the Contractor's schedule submitted at the preconstruction conference.

Submit the following during the preconstruction conference unless otherwise directed:

The names, addresses, and telephone numbers of two or more persons employed by the Contractor who can be reached day or night to handle emergency matters.

Subcontractor's list including contact list for each subcontractor with phone numbers and addresses and work to be performed.

00180.43 Commencement and Performance of Work - Add the following bullet items:

Conduct the work at all times in a manner and sequence that will insure minimal interference with traffic. The Contractor shall not begin work that will interfere with work already started. If it is in the County's best interest to do so, the County may require the Contractor to finish a portion or unit of the project on which work is in progress or to finish a construction operation before work is started on an additional portion or unit of the project.

The Contractor shall notify the County 2 weeks before the first substantial work activity commences on the project site.

Project Information Signs and Portable Changeable Message Signs and Portable Changeable Message Signs shall be in place 2 weeks before the first substantial work activity commences on the project site.

Conduct the work at all times in a manner and sequence that will ensure minimal interference with traffic. The Contractor shall not begin work that will interfere with work already started. If it is in the County's best interest to do so, the County may require the Contractor to finish a portion or unit of the project on which work is in progress or to finish a construction operation before work is started on an additional portion or unit of the project.

The Contractor will be notified in writing of the specified date to commence work and will not begin work until receipt of this Notice to Proceed. Upon the commencement of grinding, tilling, grading or paving operations on any one respective work site, all necessary work including paving of driveways and road approaches shall be vigorously pursued to reach substantial completion within a 14 calendar day duration. If at any time a work site is left prior to substantial completion (completed paving of driveways, road approaches, etc.) without written consent from the owner’s project manager, Marquam Paving Project Page 19 of 56 this will be considered abandonment by the Contractor. Failure to meet these time constraints or abandonment shall subject the contractor to the full amount of Liquidated Damages as detailed in Section 00180.50 of these Special Provisions.

At the time Substantial Completion is reached, the Contractor shall submit a Notice of

Substantial Completion.

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

(1) The Contractor shall complete all Work to be done under the Contract not later than September 3, 2026.

00180.70 Suspension of Work - Add the following to the first bullet item:

If the Inspector has reason to believe that any safety provisions are not being adhered to, the Inspector will immediately notify the Contractor’s site foreman and/or the appropriate person and the County Project Manager. The purpose of this discussion is to determine the validity of the alleged violation. This will also allow the Contractor a reasonable amount of time to correct or improve any of the provisions for the safety on this project. If the County Project Manager finds the problem still unresolved or uncorrected, they will notify the Contractor’s Project Manager and the County’s Risk Management Safety Analyst. If the County’s Risk Management Safety Analyst finds that the job site contains any unresolved safety issues they will take appropriate action up to and including suspension of the Contractor’s operations on all or part of the Work.

00180.85(b)(1) Single Contract Time - Replace this subsection, except for the subsection number and title, with the following:

The Liquidated Damages per Calendar Day* are 15.0 percent of C divided by T as defined in this Section.

C = The Contractor’s Bid amount for the Contract.

T = The total Calendar Days between the latest completion date or time listed under 00180.50(h) in the Solicitation Documents and the Bid Opening that will result in the greatest value for T.

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

00180.85(c) Lane Closures - Lane closures beyond the limits specified will inconvenience the traveling public and will be a cost to the Agency.

It is impractical to determine the actual damages the Agency will sustain in the event Traffic Lanes are closed beyond the limits listed in 00220.40(e) or 00220.40(f). Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 15 minutes, or for a

Marquam Paving Project Page 20 of 56 portion of 15 minutes, per lane, for any lane closure beyond the limits listed in 00220.40(e) or 00220.40(f).

The Engineer will determine when it is safe to reopen lanes to traffic. Assessment of liquidated damages will stop when all lanes have been safely reopened. Any liquidated damages assessed under these provisions will be in addition to those listed in 00180.85(b).

Add the following subsection:

00180.85(e) Traffic Delays Beyond 20 Minutes - Stopping or holding vehicles beyond the limits specified will inconvenience the traveling public and will be a cost to the Agency.

It is impractical to determine the actual damages the Agency will sustain in the event traffic is stopped or held longer than the 20-minute limit listed in 00220.02. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 20 minutes, or for a portion of 20 minutes, for stopping or holding traffic longer than 20 minutes.

Assessment of liquidated damages will stop when the Engineer determines that traffic is no longer stopped or held beyond the 20-minute limit. Any liquidated damages assessed under these provisions will be in addition to those listed in 00180.85(b).

Add the following subsection:

00180.85(f) Installation of Driveways – Not completing driveways in a time specified will be an inconvenience to the property owner and will be a cost to the Agency.

It is impractical to determine the actual damages the Agency will sustain in the event a driveway connection is not constructed within 30 calendar days after mainline paving was completed in front of a driveway. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per each calendar day or for a portion of a calendar day, for not constructing a driveway connection beyond 30 calendar days of when mainline was completed in front of the driveway.

Add the following subsection:

00180.88 Workplace Harassment Prevention Plan – Submit a workplace harassment prevention plan for review 10 days before the preconstruction conference. The plan shall ensure all workers are guaranteed a safe and respectful work environment regardless of their identity or status. The plan applies to, but is not limited to, a worker’s race, gender, creed, or any protected characteristic under state or federal law. At a minimum, the plan shall include:

A Statement that the Contractor shall provide a safe and respectful workplace on the jobsite for all workers, subcontractors, suppliers, and other persons performing work.

A description of how the plan will be implemented and monitored during the project duration.

A list of the in-person trainings that will be conducted for workers of all ranks working on the project to support, promote, and grow a positive jobsite culture.

A list of meaningful policies including procedures for aggrieved workers in need of recourse.

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How incidents involving bullying or harassment will be investigated and resolved in a prompt, thorough, and impartial manner.

Contractor shall post on the jobsite and make available copies of policies about hate, intimidation, or harassment including how to report incidents and how to receive support.

Materials will be provided in all languages necessary to be inclusive of the workforce.

Add the following subsection:

00180.89 Measurement – No measurement of quantities will be made for workplace harassment prevention plan.

00180.90(a) Termination for Default - In the paragraph that begins "Termination of the Contract for default…", add the following bullet to the end of the bullet list:

• Has liquidated and delinquent debt owed to the State or any department or Agency of the County,

00180.95 Payment – Payment for workplace harassment prevention plan will be for at the Contract lump sum amount for the item “Workplace Harassment Prevention Plan”.

Payment will be in full for developing and implementing the plan during construction of the project, in-person training, developing meaningful policies, and investigating incidents.

Section 00190 – Measurement of Pay Quantities Comply with Section 00190 of the Standard Specifications supplemented and/or modified as follows:

00190.20(f)(2) Scale Without Automatic Printer - Replace the paragraph that begins "The Contractor shall inform…" with the following paragraph:

If the scales require manual entry of gross weight information, the Agency may periodically have a representative weigh witness at the scales to observe the weighing procedures. The Contractor shall inform the Engineer of their intent to use a scale without an automatic printer at least 3 working days before weighing begins or before the Contractor changes to a scale that does not have an automatic printer. The Contractor shall pay costs for the weigh witness. The hourly cost of the weigh witness will be as stated in the Special Provisions. In addition, the Engineer may periodically check the weight for a load of Materials by directing the haul vehicle to reweigh on a different scale that has been inspected and certified according to 00190.20(b) and 00190.20(d).

Add the following paragraph after the paragraph that begins " If the scales require manual entry…":

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Pay costs for the weigh witness at $35.00 per hour.

00190.20(g) Agency-Provided Weigh Technician: Delete and replace subsection (g) with the following:

The Contractor must provide a weigh technician. The Agency will not provide one for the Contractor.

Section 00195 – Payment Comply with Section 00195 of the Standard Specifications supplemented and/or modified as follows:

00195.10 Payment for Changes in Material Costs - Delete and replace with the following:

No asphalt cement cost adjustment shall be used on this project.

00195.12 Steel Material Price Escalation/De-Escalation Clause – Add the following sentence:

No steel material price escalation/de-escalations shall be used on this project. There is no option for Contractor participation.

00195.20(b) Significant Changed Work – Add the following:

Significant is defined as:

a) An increase or decrease of more than 25 percent of the total cost of the Work calculated from the original proposal quantities and the unit contract prices; or,

b) An increase or decrease of more than 25 percent in the quantity of any one major contract item.

For condition (b) above, a major item is defined as any item that amounts to 10 percent or more of the original total contract price.

00195.50(a)(1) Progress Estimates - Delete the first sentence and replace with the following:

At a regular period each month to be determined at the Preconstruction Conference, the Contractor will make an estimate of the amount and value of pay item work completed and in place. This estimate will be submitted to the Project Manager for review and approval.

(2) Value of Material on Hand - Delete the section and replace with the following:

Marquam Paving Project Page 23 of 56

(2) Value of Material on Hand - The Contractor will make an estimate of the amount and value of acceptable material to be incorporated in the completed work which has been delivered and stored as given in 00195.60(a) for review and approval.

(4) Limitations on Value of Work Accomplished - In the first sentence, change "Engineer's estimate" to “Contractor’s reviewed estimate”.

00195.50 (b) Retainage - Delete the first paragraph and replace with:

The amount to be retained from progress payments will be 5.0% of the value of payments made, and will be retained in one of the forms specified in Subsection (c) below. The Agency will withhold Retainage from all force account and change order work.

00195.50(c) Forms of Retainage – Delete first paragraph and replace with:

Forms of acceptable retainage are set forth below in Subsections (1) through (4). “Cash, Alternate B (Retainage Surety Bond)” or “Cash, Alternate C (No Interest Earned)” are the Agency-preferred forms of retainage. Unless the Contractor notifies the Agency otherwise in writing, the Agency will automatically hold retainage per Subsection (4) “Cash, Alternate C (No Interest Earned).” If the Agency incurs additional costs as a result of the Contractor’s election for the Agency to hold retainage per Subsections (1), (2), or (3), the Agency may recover such costs from the Contractor by a reduction of the final payment.

00195.50(c)(1) Cash, Alternate A – Replace this subsection, except for the subsection number and title, with the following:

Retainage will be deducted from progress payments and held by the Agency until final payment is made according to 00195.90, unless otherwise specified in the Contract.

The Agency will deposit the cash retainage withheld in an interest bearing account as required by ORS 279C.560(5). Interest earned on the account shall accrue to the Contractor. Amounts retained and interest earned will be included in the final payment made according to 00195.90, unless otherwise specified in the Contract.

Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor according to 00195.50(d).

00195.50(c)(2) Cash, Alternate B (Retainage Surety Bond) - Replace this subsection, except for the subsection number and title, with the following:

The Contractor may submit a Surety bond in lieu of all or a portion of the retainage required under the Contract. The Agency will accept this Surety bond unless the Agency first finds in writing good cause for rejection based on unique project circumstances in accordance with ORS 279C.560(1)(c).

The Surety bond must be in substantially the form specified in ORS 701.435 (4) (Oregon House Bill 4006, 2024), and executed by a Surety bonding company that is authorized to transact Surety business in the State of Oregon and may not be a Surety obligation of an individual. The Surety bond and any proceeds of the Surety bond must be made subject to all claims and liens and in

Marquam Paving Project Page 24 of 56 the same manner and priority specified for retainage under ORS 279C.550 to 279C.570 and ORS 279C.600 to 279C.625. Agency will reduce the cash retainage held by an amount equal to the value of the Surety bond and pay the amount of the reduction to Contractor according to ORS 279C.570. Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor according to 00195.50(d).

When the Agency accepts a Surety bond in lieu of retainage from the Contractor, the Contractor shall accept Surety bonds from Subcontractors or Suppliers from which the Contractor has withheld retainage. At any time before final payment a Subcontractor may submit a Surety bond to the Contractor and request that the Contractor submit a Surety bond as described above for the portion of the Contractor’s retainage that pertains to the Subcontractor. The Surety bond the Subcontractor provides to the Contractor must meet the Agency requirements specified in the paragraph above. When a Contractor at a Subcontractor’s request obtains and submits a Surety bond under this subsection, the Contractor may withhold from payments to the Subcontractor an amount equivalent to the portion of the Contractor’s Surety bond premium for which the Subcontractor is responsible in accordance with ORS 279C.560 (Oregon House Bill 4006, 2024).

Within 30 Days after a Subcontractor’s request the Contractor shall provide a Surety bond as described above, and the Agency will accept the Surety bond unless:

• the Agency finds in writing good cause for rejection based on unique project circumstances in accordance with ORS 279C.560;

• a Surety bond is not commercially available;

• the Subcontractor refuses to pay to the Contractor the Subcontractor’s portion of the Surety bond premium; or

• the Subcontractor refuses to provide the Contractor with a Surety bond that meets the requirements of ORS 279C.560(1)(b).

Notwithstanding 00195.50(d), within 30 Days of receiving a Surety bond from Contractor at a Subcontractor’s or Supplier’s request, Agency will release to the Contractor the amount held as retainage that is equivalent to the amount the Contractor submitted as a Surety bond. Contractor shall, within 30 Days after receiving a Surety bond from a Subcontractor or Supplier, release to the Subcontractor or Supplier the amount the Contractor holds as retainage that is equivalent to the amount of the Surety bond submitted, in accordance with ORS 279C.560(8).

00195.50(c)(3) Bonds, Securities, and Other Instruments - Replace this subsection, except for the subsection number and title, with the following:

Contractor may deposit bonds, securities or other instruments with the Agency or in a bank or other financial institution, to be held by Agency instead of cash retainage for the benefit of the Agency, which the Agency will accept unless the Agency first finds in writing good cause for rejection based on unique project circumstances, in accordance with ORS 279C.560(1)(c).

If the Contractor deposits bonds, securities or other instruments, and Agency does not reject the bonds, securities or other instruments as permitted by ORS 279C.560(1)(c), the Agency will reduce the cash retainage by an amount equal to the value of the bonds, securities and other

Marquam Paving Project Page 25 of 56 instruments. Interest or earnings on the bonds, securities and other instruments accrue to the Contractor.

Bonds, securities and other instruments deposited instead of cash retainage shall be of a character approved by the Director of the Oregon Department of Administrative Services, including, but not limited to:

• Bills, certificates, notes or bonds of the United States;

• Other obligations of the United States or agencies of the United States;

• Obligations of a corporation wholly owned by the federal government;

• Indebtedness of the Federal National Mortgage Association;

• General obligation bonds of the State of Oregon or a political subdivision of the State of

Oregon;

• Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008.

Add the following Subsection:

(4) Cash, Alternate C (No Interest Earned) – Retainage will be deducted from progress…