Attachment A Technical Specifications.pdf

SPECIFICATIONS – Attachment A

OREGON TRAVEL INFORMATION COUNCIL

SALEM, OREOGN

THE SUNSET REST AREA IMPROVEMENTS

AC PAVEMENT REHABILITATION/RECONSTRUCTION,

EARTHWORK, SUBGRADE STABILIZATION,

CURB/GUTTER, CURB RAMPS, STORM DRAINAGE,

SIGNING, AND STRIPING

US HIGHWAY 26, WEST BOUND, MP 28.7

CLATSOP COUNTY, OREGON

July/August 2024

APPLICABLE SPECIAL PROVISIONS

The Special Provisions booklet applicable to the below-described work, for which Bids will be opened at the place, time, and date stated in the invitation to bid, is that which contains the exact information as shown on this cover page.

Bidders are cautioned against basing their Bids on a booklet bearing any different description, date(s), Class of Project, or Class of Work.

PROJECT INFORMATION

Information pertaining to this Project may be obtained from the following:

Heather Peck Rest Area Program Administrator & Project Manager 1500 Liberty St SE, Suite 150 Salem 97302 Email: heather.peck@tic.oregon.gov

All requests for information must be in writing with reference to the Project name.

DESCRIPTION OF WORK

AC Pavement Rehabilitation/Reconstruction, Earthwork, Subgrade Stabilization, Curb/Gutter, Sidewalk, Curb Ramps, Storm Drainage, Signing, and Striping

Sunset Rest Area, US 26 MP 28.7

Clatsop County, Oregon

COMPLETION TIME LIMIT

See Special Provisions Subsection 00180.50(h).

CLASS OF PROJECT

This is a State Project.

CLASS OF WORK

The Class of Work for this Project is the combination of 1) AC Pavement Rehabilitation and Reconstruction, 2) Reconstructing Curb Ramps, 3) Storm Drainage, and 4) Signing and Striping.

mailto:heather.peck@tic.oregon.gov

TABLE OF CONTENTS FOR SPECIAL PROVISIONS

WORK TO BE DONE

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

SECTION 00140 - SCOPE OF WORK

SECTION 00150 - CONTROL OF WORK

SECTION 00165 - QUALITY OF MATERIALS

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 00180 - PROSECUTION AND PROGRESS

SECTION 00190 - MEASUREMENT OF PAY QUANTITIES

SECTION 00195 - PAYMENT

SECTION 00196 - PAYMENT FOR EXTRA WORK

SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK

SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS

SECTION 00210 - MOBILIZATION

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC

CONTROL

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

SECTION 00223 - WORK ZONE TRAFFIC CONTROL LABOR AND VEHICLES

SECTION 00224 - TEMPORARY TRAFFIC CHANNELIZING DEVICES

SECTION 00280 - EROSION AND SEDIMENT CONTROL

SECTION 00290 - ENVIRONMENTAL PROTECTION

SECTION 00305 - CONSTRUCTION SURVEY WORK

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS

SECTION 00330 - EARTHWORK

SECTION 00331 - SUBGRADE STABILIZATION

SECTION 00350 - GEOSYNTHETIC INSTALLATION

SECTION 00405 - TRENCH EXCAVATION, BEDDING, AND BACKFILL

SECTION 00415 - VIDEO PIPE INSPECTION

SECTION 00440 - COMMERCIAL GRADE CONCRETE

SECTION 00445 - SANITARY, STORM, CULVERT, SIPHON, AND IRRIGATION

PIPE

SECTION 00470 - MANHOLES, CATCH BASINS, AND INLETS

SECTION 00490 - WORK ON EXISTING SEWERS AND STRUCTURES

SECTION 00495 - TRENCH RESURFACING

SECTION 00620 - COLD PLANE PAVEMENT REMOVAL

SECTION 00640 - AGGREGATE BASE AND SHOULDERS

SECTION 00730 - EMULSIFIED ASPHALT TACK COAT

SECTION 00738 - SAFETY EDGE

SECTION 00744 - ASPHALT CONCRETE PAVEMENT

SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE

STRUCTURES

SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS

SECTION 00860 - LONGITUDINAL PAVEMENT MARKINGS - PAINT

SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND

BARS

SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS

SECTION 00940 - SIGNS

SECTION 01069 - METAL HANDRAIL AND PEDESTRIAN FENCE

SECTION 02001 - CONCRETE

SECTION 02030 – SUPPLEMENTARY CEMENTITIOUS MATERIALS

SECTION 02690 - PCC AGGREGATES

SECTION 02830 - METAL HANDRAIL

SECTION 02831 - PEDESTRIAN FENCE

OREGON TRAVEL INFORMATION COUNCIL

SPECIAL PROVISIONS

FOR

The Sunset Rest Area Improvements Westbound Hwy 26, MP 28.7

Clatsop County, Oregon

PROFESSIONAL OF RECORD CERTIFICATION:

I certify the Special Provision Section(s) listed below are applicable to the s i t e design for the project.

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

Section(s) 00210, 00220, 00221, 00222, 00224, 00280, 00290, 00305, 00310, 00330, 00331, 00350, 00405, 00415, 00445, 00470, 00495, 00620, 00640, 00730, 00738, 00744, 00759, 00850, 00860, 00867, 00905, 00940, 01069, 02001, 02030, 02690, 02830, 02831

FINAL ELECTRONIC DOCUMENT AVAILABLE UPON REQUEST

Sunset Rest Area Improvements

SPECIAL PROVISIONS

WORK TO BE DONE

The Work to be done under this Contract consists of the following:

1. Removal of pavement, sidewalk, curbs and gutters, curb ramps, and excavation.

2. Asphalt Concrete (AC) pavement rehabilitation and reconstruction.

3. Construction of curb camps including curb, curb and gutter, and railing.

4. Signing and striping.

5. Construction of storm drainage.

6. Perform additional and Incidental Work as called for by the Specifications and Plans.

AUTHORITY OF CONSULTANT

The consultant will be directly in charge of the Project. However, the consultant’s authority on this Project is as designated in the official "Consultant Agreement" for this Project, and as designated by the Engineer. Acting as the owner's representative, the consultant has the authority to approve design changes. However, this does not include the authority to approve Contract changes or semifinal and Final Inspection of the Project.

APPLICABLE SPECIFICATIONS

The Specifications that are applicable to the Work on this Project is the 2021 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions.

Sections in Part 00100 referenced in these Special Provisions apply to the Contract.

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

https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx

CLASS OF PROJECT

This is a State Project.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oregon.gov%2Fodot%2FBusiness%2FPages%2FStandard_Specifications.aspx&data=05%7C01%7CHeather.SWANSON%40tic.oregon.gov%7C77552a9167e047850f8008da5480d965%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637915209643493215%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FQYv7Dw0CNQ%2B8AGibg8NQUUWGrI5l37nWL2OiSvcntE%3D&reserved=0

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

Comply with Section 00110 of the Standard Specifications modified as follows:

00110.05(a) Grammar - Add the following bullet to the bullet list:

• For the purposes of this Contract, the terms "sidewalk ramp" and "sidewalk ramps" shall respectively refer to and shall be read to mean "curb ramp" and "curb ramps".

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

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

• BidExpress www.bidx.com

• EquipmentWatch www.equipmentwatch.com

• Executive Order 21-29 www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf

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

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

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

• ODOT Electronic Bidding Information Distribution System (eBids)

(Also referred to as ODOT eBids website) https://ecmnet.odot.state.or.us/ebidse

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

• Oregon Legislative Counsel www.oregonlegislature.gov/lc

• ODOT Procurement Office - Conflict of Interest Guidelines and Disclosure Forms www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

• ODOT Procurement Office - Construction Contracts Unit Notice of Intent www.oregon.gov/ODOT/Business/Procurement/Pages/NOI.aspx

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

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

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

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

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES

See Invitation to Bid (ITB) Document.

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT

This section is not applicable; refer to ITB Document.

SECTION 00140 - SCOPE OF WORK

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

Purpose of Contract – Replace the second bullet with the following:

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

Add the following:

The failure of Agency in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option herein conferred is not a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. No action or failure to act by Agency, Engineer, or Construction Manager waives any right or duty afforded Agency under this Contract, nor does action or failure to act constitute an approval of or acquiescence in any breach, except as specifically agreed in writing.

The duties and obligations imposed by the Contract Documents and rights and remedies available are in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by any party shall constitute a waiver of a right or duty afforded the party under this Contract, nor does any act or omission constitute approval of or acquiescence in a breach, except as may be specifically agreed in writing.

Agency will not require Contractor to perform professional services which constitute the practice of engineering or surveying unless such services are specifically required by the Contract Documents as a part of the Work or unless Contractor must provide such services in order to carry out Contractor’s responsibilities under the Contract. Agency shall specify performance and design criteria that such professional services must satisfy.

00140.30 Agency–Required Changes in the Work - Replace this subsection with the following:

00140.30 Changes in the Work

(a) General - 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. In no event shall Contractor proceed with changes in the Work without a written order from Agency to proceed. Agency will be under no obligation to pay for unauthorized extra, additional, or changed Work performed by Contractor without a written Change Order, Field Directive, or other written order to proceed duly authorized and executed by Agency.

(b) Agency-Required - 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

(c) Contractor-Requested - In order to seek additional compensation and/or time from the

Agency, the Contractor shall provide a written PCO narrative explaining its reasons for requesting additional compensation or time. The written PCO narrative shall reference all related schedule activities and contract specification sections and drawings directly pertaining to the PCO, include all costs, overhead and profit.

(d) Change Orders - Agreement on any Change Order is a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Total and the construction schedule.

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 any resulting modification to bond documents. The 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.

(e) Field Directives - Agency may by Field Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract, the Contract Total and Contract

Time being adjusted accordingly. Agency and Contractor may use a Field Directive in the absence of total agreement on the terms of a Change Order. Upon receipt of a Field Directive, Contractor shall promptly proceed with the change in Work directed and shall advise Agency of Contractor’s agreement or disagreement with the proposed method, if any, provided in the

Field Directive for adjustment in the Contract Total or Contract Time.

If Agency and Contractor are unable to agree upon change order terms, or if in the opinion of the Agency the Work must proceed before an agreement can be negotiated, Agency may order Contractor to proceed with the changes, and Contractor shall comply. In such event, payment will be made according to Section 00197

00140.40 Differing Site Conditions - Add the following:

Before beginning the Work, Contractor shall examine and compare the drawings and specifications with information furnished by Agency that are Contract Documents, relevant field measurements made by the Contractor, and any visible conditions at the worksite affecting the Work.

Agency shall make available to Contractor, and Contractor shall study, the results of such test borings and information that Agency has concerning subsurface conditions and site geology.

Contractor shall inform Agency of any other site investigation, analysis, study, or test conducted by or for Contractor or its agents and shall make the results available to Agency upon Agency’s request.

SECTION 00150 - CONTROL OF WORK

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

00150.05 Cooperative Arrangements - Delete this subsection in its entirety.

00150.10(a) Order of Precedence – Replace the fifth bullet with the following:

• Supplemental Agency-prepared line, grade and Cross Section data applicable to the

Project.

Replace the seventh bullet with the following:

• Approved unstamped Working Drawings.

00150.10(c) Material Discrepancies - Replace this subsection, except for the subsection number and title, with the following:

Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but

Contractor shall promptly report any nonconformity it discovers to Agency. Contractor will be liable to Agency for damages if it fails, in the exercise of normal diligence, to recognize any error, inconsistency, omission or difference between field conditions and the Contract

Documents. Contractor shall promptly report any errors, inconsistencies, or omissions it discovers, as a request for information, in such a form as Agency may require. Contractor will not be entitled to any modification in Contract Total or Contract Time solely by the request for information. Contractor shall carefully study and compare all Contract

Documents, including Drawings, Specifications, and other instructions and shall at once report, in writing to Agency any error, inconsistency, or omission that Contractor or its employees or subcontractors may discover. In the event of an inconsistency within or between parts of the Contract Documents, or between the Contract Documents and applicable law, and regardless of whether Contractor reports the inconsistency to the

Agency, the Contractor must:

(i) provide the better quality or greater quantity of Work; or

(ii) comply with the more stringent requirement as applicable.

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

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

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

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

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

Add the following Subsection:

00150.21 Agency Use of Consultants - The Contractor is advised that the availability of Agency personnel on this Project is limited, and the Agency may hire consultants to perform some of its responsibilities for Material testing, Material weighing and checking, and/or surveying. The Contractor shall provide the Engineer with a written notification that such personnel are needed a minimum of 72 hours before performing Work requiring Material testing, Material weighing and checking, and/or surveying. If the Contractor suspends Work for more than 3 days on Work items requiring Material testing, Material weighing and checking, and/or surveying by the Agency, Contractor shall again provide notice as set forth above. The Agency will not be responsible for delays occasioned by the Contractor's failure to provide the required written notice. The Contractor shall provide such notice whether or not the Agency hires a consultant to perform the required services.

00150.25 Acceptability of Materials and Work - Add the following to the end of this

Subsection:

Contractor shall obtain approval of Material, processes, or procedures by the Oregon state agencies or other body or agency where required by the Specifications or Drawings

00150.30 Delivery of Notices - Replace this subsection, except for the subsection number and title, with the following:

The party giving notice will provide notice in writing, dated and signed by the party giving notice or by a duly authorized representative of that party. Notice is not effective for any purpose whatsoever unless served in one of the following manners:

In person;

• By overnight delivery service of a private industry courier;

• By U.S. Postal Service first class mail or priority mail;

• By registered or certified mail with postage prepaid and return receipt requested.

Notices shall be considered as having been received:

• At the time of actual receipt when received in person;

• One (1) Calendar Day after deposit with a private industry courier for overnight delivery service;

• Three (3) Calendar Days after the postmarked date when deposited for delivery by first class mail or priority mail;

• On the day the notice is signed for when delivered by registered or certified mail.

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

Models – Replace this subsection with the following:

00150.35(c) Plans and Working Drawings

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

(b) Working Drawings – The Contractor shall supplement the Agency-prepared Plans with stamped or unstamped Working Drawings that show all information necessary to complete the Work. The applicable Section of Subsection of the Standard

Specifications will indicate the supplemental information required and whether the drawings are to be stamped or unstamped. Stamped and unstamped Working

Drawings are defined as follows:

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

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

(c) Number, Size, and Format of Working Drawings – The Contractor shall submit

Working Drawings according to one of the following methods:

(1) Paper Submittal – The Contractor shall submit to the Engineer seven copies of Working Drawings for steel Structures and six copies of Working Drawings for other structures. The submitted copies shall be clear and readable. Drawings dimensions shall be 8 ½ by 11 inches, 11 by 17 inches, or 22 by 36 inches in size.

One copy of the submitted Working Drawings will be returned to the Contractor after processing. The Contractor shall submit such additional number of copies to the Engineer for processing that the Contractor would like to have returned.

(2) Electronic Submittal – The Contractor shall submit the electronic Working

Drawings according to the “Guide to Electronic Shop Drawing Submittal” which is available from the Engineer.

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

(1) Stamped Working Drawings – Stamped Working Drawings will be designated as “accepted”, “accepted with comments”, or “returned for correction” by the

Engineer. If stamped Working Drawings are returned for correction by the

Engineer, the Contractor shall address all comments and resubmit the stamped

Working Drawings.

(2) Unstamped Working Drawings – Unstamped Working Drawings will be designated as “approved”, “approved as noted”, or “returned for correction” by the

Engineer. If unstamped Working Drawings are returned for correction by the

Engineer, the Contractor shall address all comments and resubmit the unstamped

Working Drawings.

The Contractor shall not fabricate or construct any structural components until the stamped or unstamped Working Drawings are returned by the Engineer with a written designation of

“accepted”, “accepted with comments”, “approved”, or “approved as noted”, as applicable, for the Working Drawings.

The Engineer’s processing of the Working Drawings does not amend any contractual obligations of the parties.

The Engineer will process and return Working Drawings within 21 Calendar Days (65

Calendar Days if Railroad approval is required) after receipt by the Engineer. If the Engineer fails to return such drawings within this period of time, the Engineer will consider granting a Contract Time extension according to 00180.80. If the Contractor is required to resubmit Working Drawings to the Engineer, the Engineer will process and return the Working Drawings within 21 Calendar Days (65 Calendar Days if Railroad approval is required) after receipt of the resubmitted Working Drawings by the Engineer.

00150.40 Cooperation and Superintendence by the Contractor – Replace the first paragraph with the following:

The Contractor is responsible for full management of all aspects of the Work, including the construction means, methods, techniques, sequences, and procedures utilized, and superintendence of all Work by Subcontractors, Suppliers, and other providers. Contractor shall provide efficient supervision to the Work, using its best skill and attention.

During progress of the Work, Contractor shall keep on the Project Site, and at all other locations where any Work related to this Contract is being performed, a competent Superintendent and staff, who are employees of Contractor, to whom Agency does not object and at least one of whom is fluent in English, written and verbal. Before commencing the

Work, Contractor shall give written notice to Agency of the name of its Superintendent.

Contractor is bound by all directions given to Contractor’s Superintendent as if such direction was given to Contractor.

Contractor shall not otherwise remove or replace the construction Superintendent for any reason, including their need to work on other projects, or to take extended vacations, without submitting thirty (30) days’ written notice to Agency. If Contractor’s construction

Superintendent, or support staff member is no longer employed by Contractor, Contractor shall provide Agency with notice of the termination of the employment relationship and shall consult with Agency with respect to replacement personnel. The Contractor shall:

Add the following sub-bullet to the first sub-bullet list:

• Enforcing strict discipline and good order among its subcontractors and employees at all times and shall not employ or work any unfit person, or anyone not skilled in work assigned to that person. Agency may require Contractor to permanently remove unfit persons from Project Site. Contractor shall not employ any person whom Agency may deem incompetent or unfit on the Project except with the prior written consent of Agency.

Replace the paragraph that begins “Any Superintendent…” with the following:

Any Superintendent or alternate Superintendent who repeatedly fails to follow the

Engineer's written or oral orders, directions, instructions, or determinations, shall be subject to removal from the Project upon ten (10) days’ notice to Contractor.

00150.50 Cooperation with Utilities - Replace this subsection, except for the subsection

(a) General - Unless otherwise specified in the Special Provisions or on the Plans, existing Utilities requiring adjustment may be adjusted by the Utility before, during, or after Project construction. "Adjustment of Utilities" shall mean the alteration, improvement, connection, disconnection, relocation, or removal of existing Utility lines, facilities, or systems in temporary or permanent manner.

(b) Agency Responsibilities - During the design of this project, the Agency made preliminary contacts with Utilities to make them aware of anticipated agency work within the limits of the project, how it may affect their facilities, and instructed the utilities to make arrangements to relocate their facilities that are known to conflict with anticipated agency work. The Plans will not normally show the anticipated new location of utilities that have been or will be adjusted.

(c) Contractor's Responsibilities - The Contractor shall:

• Follow applicable rules adopted by the Oregon Utility Notification Center;

• Contact Utility owners during Bid preparation and after the Contract is awarded to verify all Utilities' involvement on the Project Site;

• Coordinate Project construction with the Utilities' planned adjustments, take all precautions necessary to prevent disruption of Utility service, and perform its

Work in the manner that results in the least inconvenience to the Utility owners;

• Include all Utility adjustment work, whether to be performed by the Contractor or the Utilities, on the Contractor's Project Work schedule submitted under

00180.41;

• Protect from damage or disturbance any Utility that remains within the area in which Work is being performed;

• Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect it from damage or disturbance and promptly notify the Engineer; and

• Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility adjustment.

• Meet with each utility agency prior to the preconstruction meeting that has or may have utilities within the limits of the Work on this Project.

• Check on-site locations of each utility against known location data, if any, and notify the utility of any discrepancies before starting the work.

Contractor will be responsible to locate existing utilities and underground facilities that are indicated in the Contract Documents or that are known or reasonably should be known to exist in proximity to the Work. Contractor shall provide timely notice and locate requests with any affected utility or through contact with appropriate notification centers before commencing excavation or demolition Work that Contractor knows or reasonably should know is in proximity to such utilities or facilities. Contractor assumes the sole risk and will be responsible for all delay and expense arising out of Contractor’s failure to do so. Contractor acknowledges that utility companies and other third parties owning or managing facilities that may need to be relocated are not Agency’s agents and do not act for the Agency.

Subject to the Engineer's approval, the Contractor may adjust the Utilities by asking the Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the Special Provisions. The Contractor shall conduct all negotiations, make all arrangements, and assume all costs that arise from such changes.

In accepting the above responsibilities, both stated and implied, the Contractor understands that it is highly likely that there will be interfering utilities, i.e., service laterals, drains, pipe and conduits (ducts), and related structures which are not shown or are not accurately indicated on the plans or have not been previously discovered at the project site.

Utilities that are in the way of or in close proximity to the work, known as potential conflicts, may require a change in the Contractor's operations and should be reflected in the Contractor's bid and in the project schedule.

Existing utilities may affect the work causing additional time or cost. Reasonable delays or resulting cost increases will be considered as part of the normal progress of work and will not be cause for extra compensation to the Contractor. The Contractor agrees to provide for a reasonable amount of additional time or cost in the bid.

Locating, such as potholing, excavations, or boring, deemed necessary to determine the exact locations(s) of any utility which may interfere with the work shall be done prior to the start of construction at no additional cost to the Agency unless otherwise indicated or provided for in these contract documents.

Five calendar days prior to the preconstruction conference submit a written Utility

Coordination Report to the Engineer. The Utility Coordination Report shall:

• Identify each specific utility;

• Identify utility contact names and numbers;

• Identify dates for utility scheduling for the entire Project;

• Contain information showing that the contractor has accomplished utility locates;

• Contain documents showing that the utility locates, along with the applicable construction activities have been reviewed and discussed on-site with utility representatives.

The contractor shall hold monthly utility coordination meetings with the utilities and the

Engineer to coordinate project activities with utilities and on-going utility relocation work.

Monthly Utility Meeting shall be in the office or in the field, as deemed appropriate.

The utility coordination meeting shall include, but is not limited to:

• Detailed discussions of existing and abandoned utilities

• Detailed discussions of critical locations for potholing utilities

• Detailed discussions of Project activities;

• Detailed discussions of on-going utility relocations in the upcoming project activity areas.

During the monthly utility coordination meetings, the utilities will provide utility drawings and discuss the scope, extent, locations, and significance of all utility facilities before the Contractor begins work in a new activity area. The Contractor shall incorporate this information into the project schedules and furnish the utilities copies of the updated project schedule.

Plan and schedule all utility adjustment operations well in advance of On-Site Work.

When the Contractor becomes aware of utility conflicts not previously identified, notify the applicable utility in writing the same Calendar Day.

(d) Notification - This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about

Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344).

The Contractor shall notify owners of Utilities prior to the performance of Work in the vicinity of their facilities

The Contractor shall comply with the rules of the Oregon Utility Notification Center, OAR 952-001-0010 through OAR 952-001-0090, and ORS 757.993. The Contractor may contact the Oregon Utility Notification Center at 503-232-1987 about these rules.

(e) Utility Information - Contact those utilities having buried facilities and request that they locate and mark them for their protection prior to construction. The

Utilities notification system telephone number is 811 or (800) 332-2344.

00150.50(c) Contractor Responsibilities – Replace the bullet that begins "Protect from damage or disturbance any Utility that remains…" with the following bullet:

• Protect from damage or disturbance any Utility that remains within the area in which Work is being performed. Maintain and re-establish location marks according to OAR 952-001-0090(3)(a). Coordinate re-establishment of the location marks with the associated Utility;

Replace the bullet that begins "Determine the exact location before excavating within …" with the following bullet:

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

Replace the bullet that begins " In addition to the notification required in OAR 952-001-0090(5), notify the Engineer…" with the following bullet:

• 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; and

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 in Table 00150-1. The Contractor shall contact those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction.

00150.70 Detrimental Operations - Replace this subsection, except for the subsection number and title, with the following:

Contractor shall keep the Project Site and surrounding area, including public rights of way, free from dust, mud, dirt, or accumulation of waste materials or rubbish caused by operations under the Contract.

Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.

The Contractor shall avoid operations whose methods, conditions, or timing may injure people or damage property or the Work. Damage may include without limitation, staining surfaces with mud or asphalt or damaging Utilities and foundations. (See also 00150.60, 00150.75, and Section 00170)

When any such damage occurs, the Engineer will determine if it is to be corrected by repair, replacement, or compensatory payment by the Contractor. If compensatory payment is required, the Engineer will determine the amount. Compensatory payment may be deducted from monies due or to become due to the Contractor under the Contract.

00150.75 Protection and Maintenance of Work During Construction - Replace the first paragraph with the following:

Contractor shall protect the Work, including stored materials and equipment, from all damage or harm, including damage from heat, cold, rain, snow, wind, flooding, and dampness. Contractor shall take all additional steps reasonably necessary, or as directed by Agency, to protect the Project, the Site, and the Work from damage associated with anticipated extreme weather events.

00150.80 Removal of Unacceptable and Unauthorized Work - Replace this subsection, except for the subsection number and title, with the following:

The Contractor shall promptly correct or remove unacceptable Work or unauthorized work that is rejected by Agency, Engineer, or any governmental authority or otherwise fails to conform to the requirements of the Contract Documents, regardless of when it is discovered and regardless of whether the Work is fabricated, installed or completed.

For the purposes of this Subsection, "unauthorized work" shall include without limitation the following:

• Work that extends beyond lines shown on the Plans or otherwise established by the Engineer;

• Work that is contrary to the Engineer's instructions; and

• Work that is conducted without the Engineer's written authorization.

The Agency will not pay the Contractor for unacceptable Work, except as provided in

00150.25, or for unauthorized work, except as provided in 00150.25. The Engineer may issue a written order for the correction or removal of such work at the Contractor's sole expense.

If, when ordered by the Engineer, the Contractor fails to correct or remove unacceptable

Work or remove unauthorized work, the Engineer may have the correction, removal, or removal and replacement, done by others and deduct the entire cost from monies due or to become due the Contractor under the Contract.

If, after Substantial Completion, any Work is not in accordance with the requirements of the

Contract Documents, Agency shall provide Contractor with written notice to correct the Work promptly after discovery of the condition. Contractor shall correct the nonconforming Work within a reasonable time after receipt of notice.

The right of Agency to stop the Work shall not give rise to a duty on the part of Agency, or any of its representatives, to discover nonconforming Work or to exercise the right to stop the Work for the benefit of Contractor or any other person or entity.

00150.90 Final Inspection: - Replace this subsection with the following:

Final Inspection, Completion of Work - Replace this subsection, except for the subsection number and title, with the following:

(a) On-site Construction Work - The Engineer will inspect the Project at a time close to the completion of all On-site Work.

When all On-site Work on the project is completed, including but not limited to

Change Order Work and Extra Work, the Engineer will issue Second Notification as specified in 00180.50(g).

Within 15 Calendar Days after the Engineer receives the Contractor’s written notification that all punch list items, final trimming and clean up according to

00140.90 have been completed, the Engineer will review the project and notify the

Contractor that all Work is complete or will give the Contractor written instruction regarding incomplete or unsatisfactory Work.

(b) All Contract Work - The Engineer will issue the Third Notification when the Contractor has satisfactorily accomplished all of the following:

• The Contractor has completed all On-Site Work required under the

Contract, including the punch list items from (a) above:

• The Contractor has removed all equipment: and

• The Contractor has submitted all required certifications, bills, forms, warranties, and other documents required by the contract.

(c) Rescinding Second Notice - If the Punch List items have not been completed within 45 days of the issuance of “Second Notice”, the second notice will be rescinded, the contract time will be restarted, and liquated damages will be assessed per 00180.85

(d) Substantial Completion - When the Contractor considers the Work or a designated portion of the Work to be substantially complete, the Contractor shall request the Agency prepare a comprehensive list of items (“Punch List”), to be completed or corrected prior to final payment. The Punch List does not alter Contractor’s responsibility to complete the Work in accordance with the Contract Documents.

00150.91 Post-Construction Review - Replace this subsection, except for the subsection

The Contractor or the Agency may request a Post-Construction Review meeting, to be held prior to issuance of Second Notification. The meeting may be held if agreed to by both parties.

The party making the request will conduct the meeting and will announce the time and place of the meeting at least 15 days prior to the meeting date. The purpose of this meeting is to examine the Project for possible process improvements that may benefit future projects.

00150.96 Maintenance Warranties and Guarantees - Replace this subsection, except for the subsection number and title, with the following:

The above provisions do not in any way limit the guarantees on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period. Contractor shall furnish to Agency all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by Agency.

Contractor shall obtain and preserve for the benefit of Agency, manufacturer’s warranties on material, fixtures, and equipment incorporated into the Work. Contractor shall furnish Agency with all guarantee or warranty certificates as indicated in the Specifications or upon Agency’s request.

00150.97 Responsibility for Materials and Workmanship - Replace this subsection, except for the subsection number and title, with the following:

(a) Contractor warrants materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract

Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the

Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by

Agency, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

(b) Contractor warrants good title to all material, supplies, and equipment installed or incorporated in Work and agrees upon completion of all Work to deliver the site to

Agency, together with all improvements and appurtenances constructed or placed thereon by it, and free from any claims, liens, or charges. Because Agency’s property is public property, Contractor and any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract, will not have any right to lien any portion of the Project Site or any improvement or appurtenance thereon.

(c) Whether before or after the Agency's acceptance of the Work, the Contractor shall be responsible for:

• Correcting or repairing any defects in, or damage to, the Work that results from the use of improper or defective materials or workmanship; or

• Replacing, in its entirety, the Work affected by the use of improper or defective materials or workmanship to the extent provided by law; and,

• Correcting or repairing any Work, Materials, Structures, Existing

Surfacings, Pavement, Utilities, or sites, including without limitation, Wetlands, damaged or disturbed in that correction, repair, or replacement.

SECTION 00165 - QUALITY OF MATERIALS

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

00165.03 Testing by Agency - Replace this subsection with the following:

Testing - Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Contractor shall notify Agency of scheduled tests and/or inspections and approvals, so that Agency or its designated representative may be present for such procedures, which presence shall be at Agency’s expense.

00165.04 Costs of Testing - Replace this subsection, except for the subsection

Unless otherwise provided, Contractor shall arrange for tests, inspections, and approvals, and shall bear the associated costs.

00165.35(d) Certificate of Origin of Steel Materials - Add the following to the end of this

Subsection:

Contractor shall not perform any portion of the Work until the submittals for that portion have been approved by the Engineer.

00165.50(c) Non-Specification Materials - Add the following to the end of this Subsection:

(5) Rejection without Testing - If Material is rejected and removed from a designated sublot sample site before sampling, a new random sample site will be established for the remainder of the sublot.

a. Rejection by Contractor - The Contractor may remove any Material that appears defective and replace it with new Material at no additional cost to the Agency.

b. Rejection by Engineer - The Engineer may reject any Material that appears defective. Material rejected before placement shall not be incorporated into the Work. Material in place that is rejected shall be removed. No separate or additional payment will be made for Materials rejected by the Engineer or for the removal of the Materials unless the requirements of 00165.50(c-6) have been met.

(6) Rejection with Testing - If the Contractor requests to have the rejected

Material tested, it will be sampled, tested, and statistically evaluated as a separate lot.

If the CPF for the rejected Material is less than 1.0000, 00165.50(c-4) will be used, and the sampling and testing will be at no additional cost to the Agency.

If the CPF is greater than 1.0000, the cost of removal, sampling and testing will be paid for by the Agency and the Material will be paid for according to the CPF.

00165.75 Storage and Handling of Materials - Replace this subsection, except for the subsection number and title, with the following:

The Contractor shall store and handle Materials so as to preserve their quality and fitness for incorporation into the Work. The Contractor shall restore all storage sites to their original condition according to 00140.90, or to comply with any applicable permits, orders, or agreements, at the Contractor's expense.

Contractor and its Subcontractors shall obtain Agency approval before delivering or storing Materials or tools on Agency’s premises. Upon approval, Contractor shall store Materials and tools so that they do not hamper the operation of Equipment or persons and do not present a fire or safety hazard.

Stored Materials:

• Shall be readily accessible for inspection;

• May be stored on private property if written permission of the owner or lessor is obtained.

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES

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

00170.00 General - Replace the paragraph that begins "The Contractor shall comply with all laws, ordinances, …" with the following paragraph:

The Contractor shall comply with all laws, ordinances, codes, regulations, executive orders and administrative rules (collectively referred to as "Laws" in this Section) that relate to the Work or to those engaged in the Work. Where the provisions of the Contract are inconsistent or in conflict, the Contractor shall comply with the more stringent standard.

It is the Agency’s intention to make all payments due under the Contract if funds are legally available for such purpose. The Agency reasonably believes that at the time of entering into the Contract sufficient funds are available and authorized for expenditure to finance the cost of the Contract within the Agency’s appropriation or limitation, or other funding sources.

Agency’s payment of amounts under the Contract is contingent on the Agency receiving adequate appropriations, limitations or other expenditure authority or funds to allow the

Agency to continue to make payments under the Contract. In the event the Agency becomes aware that sufficient funds are not available and authorized, the Agency will provide prompt written notice to the Contractor, and the Agency may terminate the Contract as provided in

00180.90(c).

00170.04 Patents, Copyrights, and Trademarks - Replace the paragraph that begins " Prior to use of designs, devices, materials, or processes…" with the following paragraph:

Prior to use of designs, devices, materials, or processes protected by patent, copyright, or trademark, the Contractor shall obtain from the Entity entitled to enforce the patent, copyright, or trademark all necessary evidence of Contractor's legal right to use such design, device, material, or process.

00170.05 Assignment of Antitrust Rights - Replace the bullet that reads "ORS 646.725;

and" with the following bullet:

• ORS 646.725; or

00170.60 Safety, Health, and Sanitation Provisions - Add the following paragraphs to the end of this subsection:

For the purposes of this subsection, the term “meetings” includes in-person indoor meetings, workshops, reviews and hearings at indoor premises controlled or operated by Agency or by any other Oregon Executive Branch agency.

00170.78 Conflict of Interest - Replace the paragraph that begins " The Contractor shall also be …" with the following paragraph:

The Contractor shall also be and remain in compliance with the Agency's Conflict of Interest Guidelines. (See 00120.40(g) and 00180.21(b).)

SECTION 00180 - PROSECUTION AND PROGRESS

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

00180.20(e) Trucking - Delete this subsection in its entirety.

00180.21(d) Terms of Subcontracts - Replace the paragraph…