Exhibit M - Special Provisions.pdf

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TECHNICAL PROVISIONS

DEFINITIONS

ENGINEER – RH2 Engineering, Inc.

AGENCY/CITY – City of Ashland, Oregon

STANDARD SPECIFICATION – Oregon Department of Transportation, Oregon Standard Specifications for Construction, 2021 Edition, produced by the Oregon Department of Transportation and the Oregon Chapter of the American Public Works Association. The Oregon Standard Specifications for Construction are hereby incorporated by reference as if fully set forth herein. Information on how to obtain copies of these documents is available on the Oregon Department of Transportation web site at:

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

Wherever state agencies, department or officers are referred to therein, the comparable city agencies, departments or officers are meant thereby for the purpose of these documents. Specified definitions are outlined in Section 00110.20 of the contract special provisions.

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

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© 2024 RH2 Engineering, Inc. Special Provisions

SPECIAL PROVISIONS

Prepared by:

RH2 Engineering, Inc.

3553 Arrowhead Drive, Ste. 200

Medford, OR 97504

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City of Ashland Fall 2024

Bear Creek Dr Waterline Seismic Retrofit Special Provisions

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© 2024 RH2 Engineering, Inc. Special Provisions

SECTION 00110 – ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND

DEFINITIONS

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

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

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

• EquipmentWatch: www.equipmentwatch.com

• 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 Manual of Field Test Procedures – “ODOT Oregon Trucking Online - "Highway Restriction Notice - Size and/or Weight" (Form No. 734-2357):

www.oregontruckingonline.com/cf/MCAD/pubMetaEntry/restriction/

• 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 prequalification forms:

www.oregon.gov/odot/business/procurement/pages/bid_award.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

• Oregon Legislative Counsel: www.oregonlegislature.gov/lc

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

00110.20 Definitions – Add the following definition:

City - The City of Ashland, Oregon, acting through its designated representative(s).

City Standard Specifications – “City of Phoenix Standards for Water Facilities”, current edition, published by the City of Phoenix Public Works Department.

Owner – The City of Ashland, Oregon, acting through its designated representative(s).

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 – Replace this subsection with the following:

All Bidders shall be prequalified with the City of Ashland, City of Phoenix, City of Medford, or the Oregon Department of Transportation, as provided by law under Oregon Revised Statutes (ORS), at least 5 days prior to opening of bids. If the bidder is disqualified in any of these jurisdictions the bidder will be ineligible for this contract.

In addition, provide three (3) examples of previous projects similar in nature to the scope of work described in the Invitation to Bid.

http://www.atssa.com/ http://www.equipmentwatch.com/ http://www.oregon.gov/odot/construction/pages/index.aspx http://www.oregon.gov/ODOT/Construction/Pages/Qualified-Products.aspx http://www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual-Contractors.pdf http://www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual-Contractors.pdf http://www.oregontruckingonline.com/cf/MCAD/pubMetaEntry/restriction/ http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx http://www.oregon.gov/odot/business/procurement/pages/bid_award.aspx http://www.oregon.gov/ODOT/Engineering/Pages/Work-Zone.aspx http://www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx http://www.oregonlegislature.gov/lc

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Contracts will only be awarded to Bidders who, at the time of Bid Opening, are prequalified in the Class or Classes of Work specified in the Special Provisions, except that a Bidder whose prequalification has been revoked or revised as provided in ORS 279C.430(4) may also be eligible for Award under that statute if the Project was advertised prior to the revocation or revision. Bidders shall submit Bids in the same company name used on the prequalification application; provided however, if Bidder's legal name has changed since the submittal of its application for prequalification, it shall submit its Bid under its current legal name with the former name referenced by "formerly known as".

The Agency will regularly evaluate the performance of Contractors on its projects for purposes of responding to reference checks, future prequalification and determinations of responsibility.

00120.01 General Bidding Requirements – Replace this subsection with the following:

Bids must be submitted by paper, electronic bids will not be accepted.

00120.05 Request for Plans, Special Provisions, and Bid Booklets – Replace this subsection with the following:

Contract documents will be available online at https://oregonbuys.gov/bso/ beginning July 23rd, 2024, and may be downloaded at no charge. The Plans, which are applicable to the Work to be performed under the Contract, bear title as follows:

“Bear Creek Drive Waterline Seismic Retrofit”

00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids – Replace this subsection with the following:

The Agency reserves the right to issue Addenda making changes to the Plans, Specifications, or quantities. The Agency will provide Addenda through OregonBuys. Bidders will NOT be emailed Addenda documents.

Bidders should consult the OregonBuys website regularly until closing to avoid missing any addenda. Bidders, not the Agency, shall be responsible for failure of Bidders to check and download Addenda. Bids shall incorporate all Addenda. Bids may be rejected if opened and found by the Agency to not be based on all Addenda published before Bid closing.

00120.40 Preparation of Bids – Modify this subsection as follows:

(a) General – Replace this subsection with the following:

Bidders shall not alter, in any manner the documents within the Bid Section. Bidders shall complete the certifications and statements included in the Bid Section of the Bid Booklet according to the instructions. Signature of the Bidder’s authorized representative thereon constitutes the Bidder’s confirmation of an agreement to all certifications and statements contained in the Bid Booklet. Entries on paper documents in the Bid Section shall be in ink or typed. Signatures and initials shall be in ink.

(c) Bid Schedule Entries – Delete subsection (2) "Electronic Bid Schedule Entries".

Electronic bids are not permitted.

(d) Bidder’s Address and Signature Pages – Delete the last sentence in this subsection.

Electronic bids are not permitted.

(e) Bid Guaranty – Replace the sentence that begins “All bids shall be…” with the following:

All bids shall be accompanied by a Bid Guaranty in the amount of 10% of the total amount of the bid.

Delete subsection (2) "Bid Guaranty with Electronic Bids". Electronic bids are not permitted.

https://oregonbuys.gov/bso/

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(f) Disclosure of First Tier Subcontractors – Replace the portion of this subsection which begin with “The Subcontractor Disclosure Form may be submitted for a paper bid…” to the end of this subsection with the following:

The Subcontractor Disclosure Form provided within the Bid Booklet shall be submitted to the Agency as a hardcopy or by facsimile as stated on the Subcontractor Disclosure Form.

Subcontractor Disclosure Forms Submitted by any method will be considered late if not received by the Agency within 2 working hours of the time designated for receiving Bids.

The agency is not responsible for partial, failed, illegible or partially legible submittals submitted by any method, and such forms may be rejected as incomplete.

In the event that multiple Subcontractor Disclosure Forms are submitted, the last version received prior to the deadline will be considered to be the intended version.

00120.45 Submittal of Bids – Replace this subsection with the following:

Bids shall be submitted in person, or by mail or parcel delivery service, to Jason Strait, Senior Project Manager, 20 E. Main Street, Ashland, OR 97520, in a sealed envelope marked with the words “Bear Creek Drive Waterline Seismic Retrofit”, the name of the Bidder, Address and Telephone Number of Bidder, Date of Opening, and the words “Sealed Bid”.

If a delivery or courier service is used, the Bidder shall place the sealed envelope containing the Bid inside the delivery or courier service’s envelope. Bids may not be submitted by fax.

Bids may be submitted until 2:00 PM PST on the day of Bid Opening. Bids submitted after that time will not be opened or considered. The Agency assumes no responsibility for the receipt and return of late Bids. First Tier Disclosure forms may be submitted until 4:00 PM on the day of bid opening.

00120.60 Revisions or Withdrawals of Bids – In the paragraph that begins “(a) Paper Bids - Information entered into the ...”, replace “ODOT Procurement Office” with “Senior Project Manager”.

Replace the bullet that begins “Changes are received at the same...” with the following bullet:

• Changes are received by Jason Strait, Senior Project Manager, 20 E. Main Street, Ashland, OR 97520, before 2:00 PM. PST on the day of the Bid Opening; and

In the paragraph that begins “A Bidder may withdraw...”, replace “ODOT Procurement Office” With “Senior Project Manager”.

Replace the bullet that begins, “The written withdrawal request…” with the following bullet:

• The written withdrawal request is submitted on the Bidder’s letterhead as hardcopy, either by hand delivery or by mail only; and

Replace the bullet that begins “The request is received at the same...” with the following bullet:

• The request is received by Jason Strait, Senior Project Manager, 20 E. Main Street, Ashland, OR 97520, before 2:00 PM PST on the day of the Bid Opening.

Delete subsection (b) "Electronic Bids". Electronic bids are not permitted.

00120.70 Rejection of Nonresponsive Bids – Delete the bullet point that begins with, “The Bid has entries not typed…”

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

• The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the Agency.

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SECTION 00130 – AWARD AND EXECUTION OF CONTRACT

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

00130.10 Award of Contract - In the paragraph that begins "The Agency will provide…", replace the words "ODOT Procurement Office – Construction Contracts Unit Notice of Intent" with the words "City of Phoenix".

00130.15 Right to Protest Award – Delete the first paragraph in its entirety and replace with the following:

Adversely affected or aggrieved Bidders, limited to the three apparent lowest Bidders and any other Bidder directly in line for Contract Award, may submit to the City of Ashland – Public Works Director a written protest of the Agency’s intent to award within 3 working days following posting of the Notice of Intent to Award. Only hardcopy written protests will be accepted delivered either by mail or hand delivery. The protest shall specify the grounds upon which it is based.

Add the following subsection:

00130.40(f) City Business License - All Contractors and Subcontractors performing work within the City limits must possess valid business licenses with the City of Ashland and City of Phoenix.

00130.50(a) By the Bidder - Replace the words “ODOT Procurement Office – Construction Contracts Unit” with the words “City of Ashland.”

Replace the words “15 Calendar Days” with “10 Calendar Days.”

Add the following sentence to the end of this subsection:

The successful Bidder shall deliver the properly executed Performance Bond and Payment Bond to the City of Ashland within 10 days of the Agency’s execution of the contract.

00130.50(b) By the Agency - Replace the sentence that begins "Within 7 Calendar Days…” with the following sentence:

After the Agency has received and verified the properly executed documents specified in 00130.50(a), and received legal sufficiency approval from the City Attorney, the Agency will execute the Contract.

SECTION 00140 – SCOPE OF WORK

Comply with Section 00140 of the Standard Specifications.

SECTION 00150 - CONTROL OF WORK

Comply with Section 00150 of the Standard Specifications supplemented and/or modified as follows:

00150.15(a) General - Replace this subsection, except for the subsection number and title, with the following:

The Contractor shall develop a potholing plan based on the information provided in the Bid Documents. No potholing work shall commence until the potholing plan is approved by the Engineer in writing.

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

Information about the existing waterline has been provided in the Bid Documents.

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

The Contractor shall perform, or have performed, surveying work sufficient to accomplish the Work.

00150.30 Delivery of Notices – Replace the two bullet points under the paragraph that begins with, “Following Notice to Proceed…” with the following:

• If received by email before 5:00 PM PST on a business day, it shall be considered as received on the business day which it was actually received.

• If received by email on a non-business day, or after 5:00 PM PST on a business day, it shall be considered as received at 8:00 AM PST on the next business day.

00150.50(c) Contractor’s 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

00150.50 Cooperation with Utilities - Add the following subsection: 00150.50(f)

Utility Information:

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

Project modifications may require adjusting utilities, contact Engineer for latest utility relocation updates.

Utility

Contact Person's Name and Phone Number

1. City of Phoenix Chris Stephenson

541-621-9161

2. City of Ashland Jason Strait

541-552-2419

3. City of Talent Public Works

541-535-3828

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4. Pacific Power

1-888-221-7070

5. Avista Gas Eli Haberman

541-690-0901

6. Charter Communications

Eric Chase

541-210-0827

7. Lumen / Century Link Deryck Miller

480-923-5255

8. Rogue Valley Sewer Services Nick Bakke, P.E.

541-664-6300

This Project is located within the Oregon Utility Notification Center area which is a utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities.

The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332- 2344).

00150.97 Responsibility for Materials and Workmanship

Add the following subsection:

(d) Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty Materials or workmanship and, unless otherwise specified, the Contractor shall remedy any defects due thereto and pay for any damage to other Work resulting one year from the date of acceptance of the complete building or installation. The Agency shall give notice of observed defects with reasonable promptness.

SECTION 00160 – SOURCE OF MATERIALS

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

00160.07 Electrical Equipment and Materials - Replace the paragraph beginning “When the Contract specifies the use of….” with the following paragraph:

When the Contract specifies the use of the Blue Sheets and Green Sheets, unless specified as the subject of an exemption per ORS 279C.345, the Agency may approve for use a product qualified for inclusion in a later edition of the Blue Sheets and Green Sheets or other equivalent product that meets the requirements of the Blue Sheets, following the Blue Sheet Qualification/Specification Information, or the Green Sheets, following the Green Sheet Qualification/Specification Information, if the Agency finds the product acceptable for use on the Project.

00160.20 Preferences for Materials – Replace this subsection with the following:

This project is not subject to Build America Buy America Act Requirements.

SECTION 00165 - QUALITY OF MATERIALS

Comply with Section 00165 of the Standard Specifications.

00165.10(a) Field-Tested Materials - Add the following paragraph:

For this Project, use Section 5 of the MFTP. Field-tested materials will be accepted on this project according to the Type D testing program.

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SECTION 00170 – LEGAL RELATIONS AND RESPONSIBILITIES

Comply with Section 00170 of the Standard Specifications supplemented and/or 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.

00170.02 Permits Licenses and Taxes – Add the following bullet points:

• Contractor must hold a City of Ashland business license.

• Contractor must hold a City of Phoenix business license.

00170.08 Electronic Document Management - Replace this Subsection in its entirety, except for the subsection number and title, with the following:

The requirements of this Subsection do not apply to claims and notices. Claims must be submitted on paper documents according to Section 00199, and Notices must be submitted on paper according to Section 00150.30.

Following Notice to Proceed, the Contractor shall submit all documents for this Contract to the Agency’s Project Manager in an electronic format via email . The Contractor shall be solely responsible for submitting documents to the Agency by email for itself and for Subconsultants, Suppliers, vendors, and other third parties.

The date and time of email delivery will be the date and time shown on the delivery receipt confirmation email, or if the recipient both agrees that the email was received, the original email date stamp shall govern.

Electronic files shall be either attached to the email or uploaded to a file sharing website such as a file sharing protocol (FTP) or similar website with a link to access the uploaded files included in the email.

As a general rule when attached files exceed 10 megabytes cumulatively, they should be uploaded to a file sharing website.

Documents submitted according to this Subsection, from the Agency to the Contractor and from the Contractor to the Agency, are official documents for the Contract and will be accepted as such by both parties.

By submitting documents that originate from the Contractor to the Agency by email, unless expressly stated otherwise, the Contractor is certifying that the documents are true and accurate and that if the document was required to be signed, it must have been signed by a person with appropriate authority.

Unless expressly stated otherwise in the body of the email, submitting documents to the Agency via email that originate from a Subcontractor, Supplier, vendor, manufacturer or other third party, the Contractor is certifying that the documents are a true and complete copy of the documents the Contractor received, that if the document was required to be signed, it has been signed, and that the Contractor does not know, nor does it have reason to believe, that the documents are not true and accurate or signed by a person without appropriate authority.

In the event of a conflict between this Subsection and the Standard Specifications or other Special Provisions, this Subsection shall control except for 00199.30.

Failure to submit documents electronically, as required by this Subsection, may result in payments being withheld according to 00195.50(e).

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If access to a file sharing software or website is granted by the Agency or Engineer, the Contractor shall be responsible for causing access to such platforms to be disabled for any entity or individual that is no longer assigned, employed or under contract in relation to the Project or whose access is to be disabled due to improper activity. The Contractor’s obligation to disable access applies to its own officers, employees and agents and to all Subcontractors, Suppliers, vendors and other third parties and their respective officers, employees and agents. The Agency reserves the right to suspend or disable, or cause to be suspended or disabled, the access to file sharing platforms for any entity or individual at any time.

Use and access to file sharing platforms is provided “as is” and the Agency does not warrant that access to or functioning will be error free, uninterrupted or meet the Contractor’s needs. The Agency is not responsible for any damage that may occur due to error, omission, lack of timeliness or other malfunction of file sharing platforms or their supporting systems. The Agency disclaims all liability arising from interference or interruption, viruses, telephone faults, malicious damage by anyone, electronic system downtime, overloading of the Internet or sites or any cause beyond the control of the Agency. The Contractor shall indemnify, defend, and hold harmless the Agency and the Engineer any damage, real or otherwise, which may occur through use of file sharing platforms provided by the Agency or the Engineer. Use of file sharing software may be subject to other conditions beyond what is described herein.

00170.10(f) Notice of Claim Against Bond - Replace this Subsection with the following Subsection:

An Entity claiming not to have been paid in full for labor or Materials supplied for the prosecution of the Work may have a right of action first on the Contractor’s public works bond and then, for any amount of a claim not satisfied by the public works bond, on the Contractor’s bond, cashier’s check, or certified check a provided in ORS 279C.600 and ORS 279C.605.

00170.65(b)(4) Owner/Operator Data - Replace this subsection, except for the subsection number and title, with the following:

The Contractor shall furnish data to the Engineer for each owner/operator providing trucking services.

Furnish the data before the time the services are performed and include without limitation for each owner/operator:

• Driver's name;

• Present driver license upon request;

• Vehicle identification number;

• Present vehicle registration upon request;

• Motor vehicle license plate number;

• Motor Carrier account number;

• Present ODOT Motor Carrier 1A Permit upon request; and

• Name of owner/operator from the side of the truck.

00170.70 Insurance – The following insurance coverages and dollar amounts are required on this Project:

Insurance Coverages Combined Single Limit per Occurrence

Annual Aggregate Limit

Commercial General Liability $2,000,000 $3,000,000

Commercial Automobile Liability $2,000,000 N/A

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

The liability insurance coverages of 00170.70(a) shall include an Additional Insured Endorsement endorsing the entities in the bulleted list below 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.

Add the following paragraph and bullets to the end of this Subsection:

Add the following as Additional Insureds under the Contract:

• The City of Ashland and its officers, agents, City Council, and employees

• The City of Phoenix and its officers, agents, City Council, and employees

• RH2 Engineering, Inc.

00170.70(g) Certificate(s) of Insurance – Replace the bullet that begins “List the “State of Oregon, the Oregon Transportation…” with the following bullets:

• List the following entities as Certificate holder and endorse as an Additional Insured:

o The City of Ashland and its officers, agents, City Council, and employees o The City of Phoenix and its officers, agents, City Council, and employees o RH2 Engineering, Inc.

00170.70(h) Agency Acceptance - Replace the paragraph that begins “All insurance and insurance providers are …” with the following paragraph:

• All insurance and insurance providers are subject to Agency acceptance. In addition, all of the following are subject to Agency acceptance and, if requested by Agency, the Contractor shall provide complete copies of the following to Agency’s representatives responsible for verification of the insurance coverages required by the Contract: insurance policies, endorsements, self-insurance documents and related insurance documents.

00170.72 Indemnity/Hold Harmless – Add the following paragraph and bullets to the end of this Subsection:

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

• The City of Ashland and its officers, agents, City Council, and employees

• The City of Phoenix and its officers, agents, City Council, and employees

• RH2 Engineering, Inc.

00170.94 Use of Explosives – Replace this Subsection except for the number and title with the following:

No explosives shall be used on this project.

SECTION 00180 – PROSECUTION AND PROGRESS

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

00180.40(a) In General – Add the following bullet point:

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• Work shall be completed during Normal Working Hours, except when night work is permitted by the City of Phoenix. Normal Working Hours are from 7:00 AM to 7:00 PM Monday through Friday. The City of Phoenix is open to granting permission for night work only when night work will constitute an increase to the safety of the traveling public. Permits for night work must be obtained by the Contractor following the process described Section 8.04.190(J) of the Phoenix City Code.

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

Final Completion Time ...................................................................... 00180.50

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

00180.41 Project Work Schedules – A type B schedule as detailed in the Standard Specifications is required on this Contract.

00180.20 Preconstruction Conference – Replace this subsection, except for the subsection number and title, with the following:

Unless otherwise approved in writing by the Engineer, before any Work is performed and within 30 Calendar Days of the Notice to Proceed, the Contractor shall meet with the Engineer for a preconstruction conference at a time mutually agreed upon.

00180.50 Contract Time to Complete Work – A Calendar Day Calculation shall be used to determine the contract time to complete Work. The Contractor shall have 60 calendar days to complete the contract.

00180.50(c) Beginning of Contract Time– Replace this subsection, except for the subsection number and title, with the following:

When the Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin after the Notice to Proceed has been issued on the date which the Contractor chooses to start work which shall be between September 19th, 2024 and January 15th, 2025.

SECTION 00190 – MEASUREMENT OF PAY QUANTITIES

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

00190.20(a) General - Replace the paragraph that begins "Unless otherwise provided in the Contract, Pay …" with the following paragraph:

Unless otherwise provided in the Contract, Pay Items to be measured by weight shall include all Contractor costs for providing, maintaining, inspecting, and testing scales; for furnishing appropriate weigh tickets; for self-printing scales; for electronic weigh memo system(s); and for transporting Materials to the scales or to check weighing.

00190.20(f)(2) Scale Without Automatic Printer - Add the following sentence after the first paragraph:

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

00190.20(g) Agency – Provided Weigh Technician – Add the following paragraph after the bullet list:

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

https://www.codepublishing.com/OR/Phoenix/html/Phoenix08/Phoenix0804.html#8.04.190

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SECTION 00195 – PAYMENT

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

00195.50(a) Progress Payments - Replace the paragraph that begins "The estimates upon which progress payments are …" with the following paragraph:

The estimates upon which progress payments are based are not represented to be accurate estimates. All estimated quantities are subject to correction in the final estimate. If the Contractor uses these estimates as a basis for making payments to Subcontractors and Suppliers, the Contractor assumes all risk and bears any losses that result.

00195.50(b) Retainage – Replace the first paragraph of this subsection with the following:

The Agency reserves the right in its sole discretion to withhold retainage from progress payments or to begin withholding retainage at any time. If the Agency withholds retainage from progress payments, the amount to be retained from progress payments will be 5 percent of the value of the Work accomplished, and will be retained in the Cash, Alternate A form. No retainage will be withheld from Work performed as Force Account Work, escalation/de-escalation, bonuses, or other items decided by the agency.

SECTION 00196 – PAYMENT FOR EXTRA WORK

Comply with Section 00196 of the Standard Specifications.

SECTION 00197 – PAYMENT FOR FORCE ACCOUNT WORK

Comply with Section 00197 of the Standard Specifications.

SECTION 00199 – DISAGREEMENTS, PROTEST, AND CLAIMS

Comply with Section 00199 of the Standard Specifications.

SECTION 00210 – MOBILIZATION

Comply with Section 00210 of the Standard Specifications supplemented and/or modified as follows:

00210.40 Mobilization – Delete the fourth bulleted item in this Subsection.

00210.90 Payment – Delete the last paragraph in this subsection.

SECTION 00220 – ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications supplemented and/or modified as follows:

00220.02(a) General Requirements – Add the following bullets:

• Maintain access to all driveways within the work zone at all times.

• When construction requires the closure of a sidewalk or sidewalk ramp, place a Type “W1” SIDEWALK CLOSED” (OR22-12-21) sign at each point of closure.

• When construction requires the closure of a sidewalk, notify, in writing, the City at least 14 days in advance of the closure. Do not close the sidewalk until the City provides written approval. After approval, provide 48-hour public notification prior to closing the sidewalk.

• When performing trench excavation or other excavation across or adjacent to a Traffic Lane on a roadway having a pre-construction posted speed 35 mph or greater, backfill the excavation, install surfacing, and open the roadway to traffic by the end of each work shift. Install a "BUMP" (W8-1-48)

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© 2024 RH2 Engineering, Inc. Special Provisions sign approximately 100 feet before the backfilled area and a "ROUGH ROAD" (W8-8-48) sign approximately 500 feet ahead of the "BUMP" sign. If this requirement is not met, maintain all necessary lane or shoulder closures and provide additional TCM, including flagging, at no additional cost to the Agency. Do not use temporary steel plating to reopen the roadway.

• Notify the Engineer, in writing, all affected emergency services, school districts, and US Postal Service at least 14 days in advance of the street closure. Notification list can be obtained from the City of Phoenix Public Works offices.

• No permanent road closures will be permitted.

• S. Pacific Hwy (one-way north bound section in the City of Phoenix between Oak Street and Bolz Road) shall be permitted to be closed at night between the hours of 7:00 PM to 7:00 AM for construction work. Daily, the roadway shall be reopened to the traveling public. The Contractor shall obtain a night work permit for night work from the City of Phoenix following the process described in Section 8.04.190(J) of the Phoenix City Code. Night work shall be limited to the minimum duration required in order to minimize disturbance to nearby residents. The Contractor shall coordinate with the City of Phoenix to provide required notification to nearby residents and business owners of any planned night work.

• The Contractor shall NOT be allowed to set up traffic control in such a way as to turn the one-way section of S Main Street in the City of Phoenix into a bidirectional street. The one-way section of S Main Street in the City of Phoenix shall remain one-way in the established direction (south bound) at all times.

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

One or more traffic lanes may be closed when allowed, shown, or directed.

00220.40(e)(2) Opened Lanes – Replace this subsection, except for the subsection number and title, with the following:

Keep all Traffic Lanes and pedestrian facilities open during special events; between noon on the Day preceding and midnight on the final Day of the special event.

Remove all barricades and objects from the Roadway during the periods in which Traffic Lanes are to remain open.

Add the following subsection:

00220.40(e)(3) Additional Lane Restrictions

• Do not close any traffic lanes on any street prior to receiving Notice to Proceed.

• Traffic Control Plans (TCP) must be approved by the City of Phoenix Public Works Director prior to any lane closures.

• Roadway closures that maintain local access may be approved for staged construction operations that limit the closure areas. Staged road closure areas are to be approved by the City of Phoenix Public Works Superintendent.

• Roadways shall be free of barricades or other objects and all lanes opened to traffic during all the restrictive periods listed above.

Add the following subsection:

00220.40(f) Liquidated Damages – Lane closures not in compliance with the limits listed in 00220.40(e) would inconvenience the traveling public and would be a cost to the Agency.

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It is impractical to determine the actual damages which the Agency would sustain in the event a traffic lane is closed. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $750 per day, or any portion thereof, per lane, for any lane closure not in compliance with the limits listed in 00220.40(e). In addition to the liquidated damages, any added cost for traffic control measures, including flagging, required to maintain the lane closures beyond the permitted time limits, shall be at the Contractor’s expense. The required traffic control measures will be as determined by the Engineer.

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

Add the following subsection:

00220.40(g) Coordination with Rogue Valley Transportation District – Contractor shall coordinate with Rogue Valley Transportation District (RVTD) to coordinate temporary traffic control, including developing temporary relocation of the existing RVTD bus stop that is located at the east side of Bear Creek Drive near the intersection with 4 th Street. Contractor shall provide all accommodations for the temporary bus stop and include details of the planned temporary bus stop in their Traffic Control Plan.

00220.60(a)(2) Agency Responsibility – Delete the first bullet of this subsection that begins “Maintain existing surfacing….”

SECTION 00221 – COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

Comply with Section 00221 of the Standard Specifications supplemented and/or modified as follows:

00221.03 Traffic Safety and Operations - Replace the bullet that begins “When paving operations create…” with the following bullet:

• When paving operations create an abrupt or sloped edge drop off greater than 1 inch, protect traffic by installing signing according to the "2 Lane, 2 Way Roadway Overlay Area" detail shown on the Standard Drawings. Protect longitudinal and transverse Pavement joints by placing and maintaining an asphalt concrete wedge according to 00221.07(c)(1).

00221.06 Traffic Control Plan – Delete subsections (a) Agency Traffic Control Plan and (b) Contractor Modified Traffic Control Plan and replace with:

Submit the following, for approval, five (5) working days prior to the preconstruction conference:

(a) Contractor TCP – Provide working drawings according to 00150.35 that include the following:

• Proposed TCP showing all TCM and quantities of TCD

• Proposed order and duration of the TCM

• A detailed temporary striping plan, if applicable

If additional modifications are made to the Contractor’s TCP, submit working drawings, according to 00221.06(a), at least 14 Calendar Days before the beginning of construction activities that require the TCP changes.

Utilize Method “B” for payment as described in 00221.98 Payment, Method “B” – Lump Sum Basis.

00221.07(c)(1) Paving - Replace this subsection, except subsection number and title, with the following:

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© 2024 RH2 Engineering, Inc. Special Provisions

When the longitudinal joint is greater than 1 inch in height, install additional TCD according to 00221.03.

Complete the placing of ACP and construction of paving joints according to 00735.48, 00735.49, 00743.45, 00744.44, 00744.45, 00745.47, and 00745.48, as applicable.

00221.90(b) Temporary Protection and Direction of Traffic - Replace the bullet that begins "When the Schedule of Items does not include…" with the following bullet:

• Preparing and signing the daily “Traffic Control Inspection Report”, when a TCS is not included in the Schedule of Items or when a TCS is not onsite for a work shift.

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

Comply with Section 00222 of the Standard Specifications supplemented and/or modified as follows:

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00222.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

Payment

00222.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00223 – WORK ZONE TRAFFIC CONTROL LABOR AND VEHICLES

Comply with Section 00223 of the Standard Specifications supplemented and/or modified as follows:

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00223.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

Payment

00223.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00224 – TEMPORARY TRAFFIC CHANNELIZING DEVICES

Comply with Section 00224 of the Standard Specifications supplemented and/or modified as follows:

00224.46 Pavement Edge Delineation - Replace the paragraph that begins “Place tubular or conical markers…” with the following paragraph:

Place tubular or conical markers to delineate the edge of Pavement immediately after construction Work or paving operations create an abrupt or sloped edge drop-off greater than 1 inch in height along the right-hand or left-hand Shoulder.

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00224.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

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Payment

00224.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00225 – TEMPORARY PAVEMENT MARKING

Comply with Section 00225 of the Standard Specifications supplemented and/or modified as follows:

00225.42(b) Wearing Course - Replace the bullet that begins “For left hand solid lines…” with the following bullet:

• For left hand solid lines and skip lines striping, use temporary removable tape or pavement markers.

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00225.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

Payment

00225.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00226 – TEMPORARY ROADSIDE BARRIERS AND IMPACT ATTENUATORS

Comply with Section 00226 of the Standard Specifications supplemented and/or modified as follows:

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00226.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

Payment

00226.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00228 – TEMPORARY PEDESTRIAN AND BICYCLIST ROUTING

Comply with Section 00228 of the Standard Specifications supplemented and/or modified as follows:

00228.00 Scope - Replace this subsection, except subsection number and title, with the following:

In addition to the requirements of Section 00221, this Work consists of furnishing, installing, operating, maintaining, inspecting, and removing temporary devices for accommodating pedestrians and bicyclists through a work zone.

00228.13 Temporary Curb Ramps - Add the following sentence to the end of this subsection:

Furnish truncated dome detectable warning surface for temporary curb ramps from the QPL according to 00759.12.

00228.43 Temporary Curb Ramps - Add the following paragraph to the end of this subsection:

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Install a minimum 2-foot-wide truncated dome detectable warning surface on temporary curb ramps at pedestrian street crossings. Omit truncated dome detectable warning surfaces on temporary curb ramps that are not at a pedestrian street crossing.

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00228.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

Payment

00228.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00270 – TEMPORARY FENCES

Comply with Section 00270 of the Standard Specifications supplemented and/or modified as follows:

Delete the Measurement and Payment subsections in their entirety and replace with the following:

Measurement

00227.80 Measurement – No measurement of quantities will be made for Work performed under this Section.

Payment

00227.90 Payment – Payment for all traffic control work, including all work described in this Section will be paid for at the Contract lump sum amount for the item “Temporary Work Zone Traffic Control, Complete”.

SECTION 00280 – EROSION AND SEDIMENT CONTROL

Comply with Section 00280 of the Standard Specifications supplemented and/or modified as follows:

Utilize method “a” for measurement and payment as described in 00280.80(a) – Lump Sum Basis.

00280.90 Payment – Modify Pay Item (a) title from “Erosion Control” to “Erosion and Sediment Control”.

Add the following bullets to the list under “Item (a) includes:”

• Furnishing, installing, maintaining, and removing all facilities for runoff and sediment control

• Water used for non-chemical dust control

Delete the last sentence in this Subsection which begins with “Water used for non-chemical dust control…”

00280.91 Payment – Delete this Subsection in its entirety.

SECTION 00290 – ENVIRONMENTAL PROTECTION

Comply with section 00290 of the Standard Specifications supplemented and/or modified as follows:

00290.20(c)(3)(d) Concrete and Masonry – Replace this subsection with the following:

Concrete and masonry shall be disposed of off-site by the contractor.

00290.30(a) Pollution Control Measures – Add the following subsections and bullets:

(7) Water Quality:

• Do not discharge contaminated or sediment-laden water, including drilling fluids and waste, or water contained within a work area isolation, directly into any waters of the State or U.S.

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© 2024 RH2 Engineering, Inc. Special Provisions until it has been satisfactorily treated (for example: bio swale, filter, settlement pond, pumping to vegetated upland location, bio-bags, dirt-bags). Treatment shall meet the turbidity requirements below.

• Do not cause turbidity in waters of the State or U.S. greater than 10% above background reading (up to 100 feet upstream of the Project), as measured 100 feet downstream of the Project.

• During construction, monitor in-stream turbidity and inspect all erosion controls daily during the rainy season and weekly during the dry season, or more often as necessary, to ensure the erosion controls are working adequately meeting treatment requirements.

• If construction discharge water is released using an outfall or diffuser port, do not exceed velocities more than 4 feet per second, and do not exceed an aperture size of 1 inch.

• If monitoring or inspection shows that the erosion and sediment controls are ineffective, mobilize work crews immediately to make repairs, install replacements, or install additional controls as necessary.

• Underwater blasting is not allowed.

• Implement containment measures adequate to prevent pollutants or construction and demolition materials, such as waste spoils, fuel or petroleum products, concrete cured less than 24 hours, concrete cure water, silt, welding slag and grindings, concrete saw cutting by-products and sandblasting abrasives, from entering waters of the state or U.S.

• End-dumping of riprap within the waters of the state or U.S. is not allowed. Place riprap from above the bank line.

• Cease project…