HomeMy WebLinkAboutAgenda Item - 2026-05-19 - Number 05.7 - 2026 Pavement Rehabilitation Contract Award 5.7
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Subject: Award a Public Improvement Contract for the Construction of Work Order 378—
2026 Pavement Rehabilitation.
Meeting Date: May 19th, 2026 Staff Member:
Stefan Broadus, PE— Director of Special Projects
Report Date: May 8th, 2026 Dan Payne— Project Manager
Department: Public Works - Engineering
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Award a Public Improvement Contract
Recommended Language for Motion: Move to Authorize the City Manager to Sign a Public
Improvement Contract with Brix Paving Northwest, Inc. for the Construction of Work Order
378 - 2026 Pavement Rehabilitation in the Amount of$3,132,633.
Project/ Issue Relates To: Adopted Capital Improvement Plan (CIP) project
Issue before Council (Highlight Policy Question):
❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable
BACKGROUND
On October 17, 2017, City Council approved a contract to provide program management,
construction management, and inspection services relating to the City's ongoing efforts to
improve the pavement condition of its street network. Between 2018 and 2022, this program
improved the Pavement Condition Index from 68 to 75, paved 58 lane-miles, slurry sealed 63
lane-miles, and brought nearly 300 curb ramps into ADA compliance.
Respect. Fv PI'en e Trust.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
After the program was completed, the City performed more limited paving over the summers of
2023, 2024, and 2025. On December 17, 2024, the City Council approved a professional services
contract award initiating a return to a programmatic approach with the 2026-2030 Pavement
Management Program. City staff intend to return to Council annually to provide an update on
the program production as well as to seek current contract approval. The next council update is
anticipated in the summer of 2026 to give an overview of the 2026 scope of work that will be in
progress and to request authorization to proceed with the 2027 package.
DISCUSSION
The 2026 Pavement Rehabilitation Project is shown in the FY 2025/26 to 2030/31 Capital
Improvement Plan adopted on June 3, 2025. The major road segments included in this year's
scope of work are:
- Kruse Way from between Bangy Road and Kruse Oaks Drive to Carman Drive
- Bangy Road from south of Kruse Way to Burma Road
- Kruse Oaks Drive from Kruse Way to Meadows Road
- Hallmark Drive from Mercantile Drive to Douglas Way
- Collins Way from Hallmark Drive to Boones Ferry Road
- Douglas Way from Hallmark Drive to Boones Ferry Road
The scope of work also includes major upgrades to the existing signalization at 5 intersections;
Kruse Way and Carman Drive, Kruse Way and Westlake Drive, Kruse Way and Kruse Oaks Drive,
Bangy Road and Meadows Road, as well as Bangy Road and Bonita Road. Installing radar
detection will bring these signalized intersections into current industry standard, are less
impactful to the pavement compared to traditional traffic loops, and are far more resilient
against future construction in the area.
This project will also construct and/or modify about 60 curb ramps bringing them into compliance
with current Americans with Disabilities Act (ADA) requirements. Most of these are located at
the intersections within the paving limits. About 15 of the ramps are not within the paving limits,
but rather high priority ramps identified in Lake Oswego's ADA Self Evaluation and Transition
Plan.These ramps were bid with this project to realize savings with staff effort and economies of
scale in construction.
This project was advertised on March 30th, 2026. Bids were opened on April 215t with five
proposals submitted as listed in the table below.This procurement included the City's Good Faith
Effort (GFE) Program encouraging participation from disadvantaged businesses. The City's
program is closely connected to the State Certification Office for Business Inclusion and Diversity
(COBID) whose goal is to "level the playing field by providing certified firms a fair opportunity to
compete for government contracts regardless of owner ethnicity,gender,disability, or firm size".
Bid results were as follows:
Respect. Excellence. Trust. Service
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
Bid I COBID I GFE Forms I Total
Contractor Bid Price Points Certified 1 & 2 Points Rank
Brix Paving Northwest $3,132,633.00 90.00 0 2 92.00 1
S-2 Contractors $3,370,893.70 83.15 0 5 88.15 2
Roy Houck Construction $3,316,229.21 84.73 0 3 87.73 3
Knife River Corporation $3,556,697.25 77.82 0 2 79.82 4
KNL Industries $4,934,861.07 38.22 0 2 40.22 5
FISCAL IMPACT
The project is primarily paid for by the Street Fund, which is a combination of local street
maintenance (utility) fee, State motor vehicle fees (including gas taxes), Clackamas County
vehicle registration fees, and a General Fund transfer. Aligned with the City's "Dig Once"
approach, included in the project are minor improvements to the City's water and stormwater
systems which are paid for from their respective funds.
Funding for pavement management is shown in the Capital Improvement Plan and allocated in
the Biennium Budget as $4 million each year of the biennium. The 2026 Pavement Rehabilitation
project will be delivered within those funds.
RECOMMENDATION
Authorize the City Manager to sign a public improvement contract with Brix Paving Northwest,
Inc. for the Construction of Work Order 378 - 2026 Pavement Rehabilitation in the Amount of
$3,132,633.
Respect. c . �!e Trust -—1._.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Conformed to Bid Documents ATTACHMENT 1
CONTRACT DOCUMENTS FOR THE
CONSTRUCTION OF
WO 378 — 2026 PAVEMENT
REHABILITATION PROJECT
FOR
City of Lake Oswego
MARCH 2026
F �A F O City of Lake Oswego
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i, . ,, Engineering Department
C. 380 A Avenue
P. O. Box 369
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01 Lake Oswego, Oregon 97034
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Conformed to Bid Documents
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CONTRACT DOCUMENTS
FOR THE
CONSTRUCTION OF
WORK ORDER 378
2026-2030 PAVEMENT MANAGEMENT PROGRAM:
2026 PAVEMENT REHABILITATION PROJECTS
FOR
CITY OF LAKE OSWEGO, OREGON
APRIL 2026
PROFESSIONAL OF RECORD CERTIFICATION(S):
Signing as the Professional of Record for the
divisions and sections listed below:
00210, 00220, 00221, 00222, 00223, 00280,
00290, 00305, 00310, 00320, 00331, 00350,
00405, 00440, 00470, 00490, 00610, 00620,
00641, 00730, 00744, 00748, 00749, 00759,
00850, 00855, 00865, 00867, 00905, 00940,
01030, 01040, 01095, 02030, 02050, 02320,
02450, 02560, 02910.
Conformed to Bid Documents
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CONTRACT DOCUMENTS
FOR THE
CONSTRUCTION OF
WORK ORDER 378
2026-2030 PAVEMENT MANAGEMENT PROGRAM:
2026 PAVEMENT REHABILITATION PROJECTS
FOR
CITY OF LAKE OSWEGO, OREGON
APRIL 2026
PROFESSIONAL OF RECORD CERTIFICATION(S):
Signing as the Professional of Record for the
<,0 PROFESS/ divisions and sections listed below:
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EXPIRES: DEC.31,2026
Conformed to Bid Documents
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CONTRACT DOCUMENTS
FOR THE
CONSTRUCTION OF
WORK ORDER 378
2026-2030 PAVEMENT MANAGEMENT PROGRAM:
2026 PAVEMENT REHABILITATION PROJECTS
FOR
CITY OF LAKE OSWEGO, OREGON
APRIL 2026
PROFESSIONAL OF RECORD CERTIFICATION(S):
Signing as the Professional of Record for the
divisions and sections listed below:
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Conformed to Bid Documents
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CONTRACT DOCUMENTS
FOR THE
CONSTRUCTION OF
WORK ORDER 347
2024 HIGH PRIORITY CURB RAMPS
FOR
CITY OF LAKE OSWEGO, OREGON
APRIL 2026
PROFESSIONAL OF RECORD CERTIFICATION(S):
Signing as the Professional of Record for the
divisions and sections listed below:00210,
00221, 00270, 00280, 00305, 00310, 00320,
00470, 00490, 00744, 00759, 00865, 00867,
00905, 01070
Conformed to Bid Documents
CONTRACT DOCUMENTS
FOR THE
CONSTRUCTION OF
WORK ORDER 378
2026 PAVEMENT REHABILITATION PROJECT
FOR
CITY OF LAKE OSWEGO, OREGON
TABLE OF CONTENTS
Pages
BID BOOKLET
Bidder's Checklist pgs. 1
Invitation for Bids pgs. 2
Bid Form pgs. 11
Bid Bond pgs. 1
First-Tier Subcontractor Disclosure Form pgs. 1
GFE Program: Form 1—Subcontractor & Self-Perform List pgs. 6
GFE Program: Form 2— COBID Subcontractor Contact & Bid Received Log pgs. 1
GFE Program: Form 3— Monthly or Periodic Subcontractor Payment & Utilization
Report pgs. 1
CONTRACT BOOKLET
Public Improvement Contract pgs. 4
Performance Bond pgs. 3
Payment Bond pgs. 3
Prevailing Wage Rates pgs. 1
CONDITIONS OF THE CONTRACT
General Conditions for Construction for the City of Lake Oswego pgs. 145
Special Provisions pgs. 66
SUPPLEMENTAL INFORMATION
Addendums 1 & 2 pgs. 9
SUPPLEMENTAL INFORMATION (BOUND SEPARATELY)
Appendix A— Pavement Evaluation Report pgs.169
SUPPLEMENTAL DRAWINGS (BOUND SEPARATELY)
Volume 2—WO 378 2026 Pavement Rehabilitation Project Final Plans pgs. 143
Volume 3—WO 347 2024 High Priority ADA Curb Ramps Final Plans pgs. 24
2026/WO 378 Table of Contents- 1
Conformed to Bid Documents
BID BOOKLET
Conformed to Bid Documents
BIDDER'S CHECKLIST
FORMS TO EXECUTE FOR SUBMISSION OF BID
The Bidder's attention is especially called to the following forms which must be executed in full
before Bid is submitted:
❑ Bid Form
❑ First-Tier subcontractor Disclosure Form: within 2 hours of Bid Closing (if City's estimate
of contract value or Bidder's Bid is over $100,000)
❑ Good Faith Effort Equity Contracting Program (GFE) —
o Form 1 —Subcontractor and Self-Perform List
o Form 2— Contact and Bids Received Log and Solicitation Letter.
❑ Bid Bond
FORMS TO EXECUTE AFTER AWARD OF BID
❑ Public Improvement Contract
❑ Performance Bond
❑ Payment Bond
❑ Public Works Bond for PW Projects over $100,000.00. See General Conditions 00170.20.
❑ Certificate of Insurance including Additional Insured Provision in accordance with the
General Conditions.
❑ GFE Form 3 — Monthly or Periodic Subcontractor Payment and Utilization Report— Due
monthly or periodically after award of Contract
2026/WO 378 Bidders Checklist- 1
Conformed to Bid Documents
INVITATION FOR BIDS
FOR
WORK ORDER 378
2026 PAVEMENT REHABILITATION PROJECT
FOR
CITY OF LAKE OSWEGO
LAKE OSWEGO, OREGON
Bid Closing Time: 2:00 p.m., local time, April 21, 2026
SCOPE OF WORK: The scope of work consists of pavement rehabilitation on various streets
within Lake Oswego as well as major upgrades to the existing signalization at five (5)
intersections: Kruse Way and Carman Drive, Kruse Way and Westlake Drive, Kruse Way and
Kruse Oaks Drive, Bangy Road and Meadows Road, as well as Bangy Road and Bonita Road.
These improvements will bring these signalized intersections into current industry standards for
detection. This project will also construct about 60 curb ramps bringing them into compliance
with current Americans with Disabilities Act (ADA) requirements. Most of these are located at
the intersections within the paving limits.
Work will consist of:
1. Temporary signage for pedestrian and traffic control
2. Replacement of several stormwater catch basins
3. Removal of asphalt concrete (grinding)
4. Construction of asphaltic concrete pavement inlays and overlays
5. Installation of pavement markings
6. Installation and replacement of some water lines
7. Performance of additional and incidental work as called for by the specifications and
plans.
COMPLETION: Project Substantial Completion shall be September 26, 2026, and Project Final
Completion shall be October 16, 2026.
MANDATORY PRE-BID MEETING: 2:00 p.m., local time, April 8, 2026.
Interested bidders may attend via:
• In-person only: City Hall 380 A Ave, Lake Oswego, OR 97034— Ponderosa conference
room.
If a bidder has accessibility concerns, please contact the Project Manager at least four (4)
business days prior to the meeting.
HOW TO REVIEW CONTRACT TERMS, CONDITIONS, AND SPECIFICATIONS: The Contract
Documents may be reviewed:
• Electronically: To download the Contract Documents, receive all notifications and addenda,
and view the Planholder List, a person or company must create an account and add their
name or company to the Planholder List at www.ci.oswego.or.us/bids/. For website
assistance regarding this invitation, contact Cindy Waggener at 503.635.0289.
2026/WO 378 1
Conformed to Bid Documents
PUBLIC WORKS/PUBLIC IMPROVEMENT PROJECT. This project is subject to Oregon minimum
wage rate requirements of ORS 279C.800 through 279C.870.
HOW TO SUBMIT A BID: Bids shall be submitted electronically only and must be received
before the Bid Closing Time. To submit electronic (PDF) bids, bidders must complete all
required fields and upload bid forms at:
http://www.ci.oswego.or.us/formslf/BIDupload?BME=sbroadus@lakeoswego.city&BCD=04/21/2026
Once submitted, the Bidder will receive an automated email confirmation. Bidder may also
verify receipt by phone: 503.635.0267. Bids will not be accepted after the Bid closing time.
Bidders are encouraged to submit bids early.
Bidders must submit a Bid Security to the City, along with their Bid, in an amount of 10%.
BID OPENING: Bids will be publicly opened at 2:30 p.m., local time,April 21, 2026. The Bid
Opening will be accessible online and by telephone conference. Interested parties may attend
via:
• Video: Online streaming at https://Iakeoswego.webex.com/join/sbroadus
• Telephone Conference: 408-418-9388, meeting number 2484 961 0167.
If a Bidder wishes to be personally present at the Bid Opening or if you have accessibility
concerns, please contact the Project Manager at least four (4) business days prior to the Bid
Opening.
The City will investigate and determine the qualification of the apparent successful Bidder as
part of its evaluation of the responsive Bid with the highest points. See Special Provisions
Section 00120— Bidding Requirements and Procedures.
Because the City's estimate of the contract value is $100,000 or greater, bidders must submit a
First Tier Subcontractor Disclosure Form (provided in the Bid Documents) to the City no later
than 4:00 p.m., local time, on the date for receipt of bids. The First Tier Subcontractor
Disclosure Form shall be submitted electronically to the same link as the Bid.
QUESTIONS/CLARIFICATION: Questions about meaning or intent of the Bid Documents shall be
submitted through the project bid site no later than seven (7) days prior to Bid Closing Time.
Clarifications to the Bidding Documents will be made by addenda only. Oral statements may
not be relied upon and will not be binding or legally effective.
Published in the Daily Journal of Commerce on March 30 and April 1, 2026.
2026/WO 378 2
Conformed to Bid Documents
BID FORM
(A) PROJECT IDENTIFICATION: 2026 PAVEMENT REHABILITATION PROJECT
(B) CONTRACT IDENTIFICATION AND NUMBER: WORK ORDER 378
THIS BID IS SUBMITTED TO:
The Honorable Mayor and City Council
City of Lake Oswego
380 A Avenue
Lake Oswego, Oregon 97034
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into
an agreement with Owner in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract
Documents for the Bid Price and within the Contract Times indicated in this Bid
and in accordance with the other terms and conditions of the Contract
Documents.
2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation
for Bids and Solicitation Documents, including without limitation those dealing
with the disposition of Bid security. This Bid will remain subject to acceptance for
sixty days after the day of Bid opening. Bidder will sign and deliver the required
number of counterparts of the Agreement with the Bonds and other documents
required by the Solicitation Documents within fourteen (14) days after the date
of Owner's Notice of Award.
3. In submitting this Bid, Bidder represents, as more fully set forth in the
Agreement, that:
(a) Bidder has examined and carefully studied the Solicitation Documents and the
following Addenda receipt of all which is hereby acknowledged: (List Addenda by
Addendum Number and Date)
Addendum No. 1 Date 04/15/2026
Addendum No. 2 Date 4/17/2026
Addendum No. Date
Addendum No. Date
(b) Bidder has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance
and furnishing of the Work;
(c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the
Work.
2026/WO 378 Bid Form - 1
Conformed to Bid Documents
(d) Bidder has carefully studied all reports of subsurface or geologic investigations
conducted at or contiguous to the site, if any, in accordance with General
Conditions 00120.25—Subsurface Investigations and related Special Provisions if
any. Bidder accepts the determination set forth in General Conditions 00120.25
of the extent of the technical data contained in such reports upon which Bidder
is entitled to reasonably rely.
(e) Bidder is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated
in the Contract Documents.
(f) Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the site, reports and drawings identified in
the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
(g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Bidder has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Bidder, and the Contract
Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work for which this Bid
is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization or corporation;
Bidder has not directly or indirectly induced or solicited any other Bidder to
submit a false or sham Bid; Bidder has not solicited or induced any person, firm
or corporation to refrain from bidding; and Bidder has not sought by collusion to
obtain for itself any advantage over any other Bidder or over Owner.
(I) Bidder has not discriminated against minority business enterprises, woman
business enterprises, or emerging small business enterprises in obtaining any
required subcontracts, in accordance with ORS 279A.110(4).
(j) The Bidder acknowledges whether he is/is not registered with the Oregon
Construction Contractors Board by placing his initials on the appropriate line:
The undersigned as a Bidder, IS registered with the Oregon
Construction Contractor's Board. X
The undersigned as a Bidder, IS NOT registered with the Oregon
Construction Contractor's Board.
The Bidder is NOT on a list created by the Construction Contractors Board under
ORS 701.227 for Bidders who are not qualified to hold a contract for public
improvement.
2026/WO 378 Bid Form -2
Conformed to Bid Documents
(k) The Bidder acknowledges whether he is/is not licensed by the State Landscape
Contractors Board as required by ORS 671.530 and ORS 701.005, by placing his
initials on the appropriate line.
The undersigned as a Bidder IS licensed by the State Landscape
Contractors Board.
The undersigned as Bidder IS NOT licensed by the State Landscape
Contractors Board. x
(I) The Bidder acknowledges whether he is/is not a resident Bidder in the State of
Oregon by placing his initials on the appropriate line:
The undersigned as a Bidder IS a resident Bidder in the State of
Oregon. x
The undersigned as Bidder IS NOT a resident Bidder in the State of
Oregon.
(m) Bidder certifies that all subcontractors performing Work described in ORS
701.005(2) (i.e., construction Work) will be registered with Construction
Contractors Board or licensed by the State Landscape Contractors Board in
accordance with ORS 701.035 to 701.055 before the subcontractors commence
Work under the Contract.
(n) That the provisions required by ORS 279C.838 and ORS 279C.840, and if
applicable, Davis-Bacon Act (40 U.S.C. 3141 to 3148) relating to prevailing wage
rates shall be included in this Contract.
(o) The undersigned agrees that if awarded the Contract, and after the date of
receipt of written Notice to Proceed, he/she will diligently pursue and complete
the work within the time limits specified in the Contract.
(p) Bidder does hereby represent that the unit prices submitted are those at which
Bidder will perform the Work involved. Bidder acknowledges that quantities are
not guaranteed and final payment will be based on actual quantities determined
as provided in the Contract Documents.
(q) Bidder does hereby propose to furnish all labor, materials, equipment, and
services necessary to construct and complete the project entitled: WO 378 2026
Pavement Rehabilitation Project, for the sums set forth in the following Bid
Schedule, and Measurement and Payment Provisions.
(r) The Bidder acknowledges whether he is/is not a COBID-certified firm in the State
of Oregon by placing his initials on the appropriate line:
The undersigned as Bidder IS a COBID-certified firm.
The undersigned as Bidder IS NOT a COBID-certified firm. x
2026/WO 378 Bid Form - 3
Conformed to Bid Documents
4. Bidder agrees that the Work will be substantially completed and completed and
ready for final payment on or before the dates or within the number of calendar
days indicated in the Contract.
Bidder accepts the provisions of the Contract as to liquidated damages in the
event of failure to complete the Work within the times specified in the Contract.
5. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of Bid Bond
in the amount of which is ten percent (10%) of the total bid amount.
(b) List of first-tier subcontractors (see form for filing deadline).
(c) Good Faith Effort Equity Contracting Program [Optional, for points in scoring]:
i. Inclusion of Good Faith Efforts for usage of COBID-certified contractors and/or
subcontractors across different phases of the project. (GFE Forms 1 and 2).
ii. Documentation showing the percentage of COBID-certified subcontractors
employed and/or the dollar value of goods purchased from COBID-certified
suppliers during past 6 months.
6. Communications concerning this Bid shall be addressed to Bidder indicated
below.
7. Terms used in this Bid which are defined in the General Conditions will have the
meanings indicated in the General Conditions.
SUBMITTED on April 21st , 20 26 .
State Contractor License No. 193102
Complete the information below. If BIDDER is:
An Individual
Signature N/A
(Individual's Name, Typed or Printed)
doing business as
Business address
Phone No.
2026/WO 378 Bid Form -4
Conformed to Bid Documents
A Partnership
Firm Name N/A
Signature
(Name and Title of Partner, Typed or Printed)
Business address
Phone No.
State in which Partnership was Formed
A Corporation
Corporation Name Brix Paving Northwest, Inc.
Signature v�
--r
(Officer's Name, Typed or Printed)
(Title)
Oregon
n (State of Incorporation)
Attest /`"aA/e4A
(Secretary's Signature)
Business address Physical: 11277 SW Clay St. Suite C, Sherwood, OR 97140
Mailing: P.O. Box 2388, Tualatin, OR 97062
Phone No. 503-570-9355
Date of Qualification to do Business 12/15/2010
2026/WO 378 Bid Form - 5
Conformed to Bid Documents
A Joint Venture
N/A
Joint Venture Name
Signature
(Name of Person Signing, Typed or Printed)
(Title)
(Address for Official Business)
(Phone Number for Official Business)
(State in which Joint Venture was Formed)
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above).
A Limited Liability Company (LLC)
N/A
LLC Name
By
(Signature of Member/Manager)
Name (typed or printed)
Business Address
State in which company was formed
Phone No.
2026/WO 378 Bid Form -6
Conformed to Bid Documents
Bid Schedule
WO 378—2026 Pavement Rehabilitation Project
Item Spec Description Unit Qty Price Total
TEMPORARY FEATURES AND APPURTENANCES(00200)
1 0210 Mobilization LS 1 $120,000.00 $120,000.00
Temporary Work Zone Traffic Control,
2 0225 Complete LS 1 $280,000.00 $280,000.00
3 0280 Erosion Control LS 1 $8,122.63 $8,122.63
ROADWORK(00300)
4 0305 As-Built Survey Work LS 1 $16,900.00 $16,900.00
5 0310 Removal of Surfacings SQYD 1,800 $27.00 $48,600.00
6 0331 12 Inch Subgrade Stabilization SQYD 110 $46.20 $5,082.00
7 0350 Subgrade Geotextile SQYD 110 $1.25 $137.50
8 0350 Subgrade Reinforcement Geogrid SQYD 110 $10.10 $1,111.00
DRAINAGE AND SEWERS(00400)
9 0470 Concrete Inlets,Type CG-2 EA 2 $4,480.00 $8,960.00
10 0470 Concrete Inlets,Type G-2 EA 18 $3,630.00 $65,340.00
11 0470 Snout Oil and Debris Stop EA 20 $749.00 $14,980.00
12 0490 Replace Concrete Water Meter Box EA 2 $845.00 $1,690.00
13 0490 Adjusting Boxes EA 6 $225.00 $1,350.00
14 0490 Minor Adjustment of Manholes EA 6 $2,650.00 $15,900.00
15 0490 Remove and Replace Valve Boxes EA 33 $451.00 $14,883.00
BASES(00600)
16 0610 Recondition Existing Roadway SQYD 1500 $2.20 $3,300.00
Cold Plane Pavement Removal, 0-2
17 0620 Inches Deep SQYD 1,548 $3.40 $5,263.20
Cold Plane Pavement Removal, 2
18 0620 Inches Deep SQYD 37,010 $3.40 $125,834.00
Cold Plane Pavement Removal, 2-3
19 I 0620 Inches Deep SQYD 3,070 $3.40 $10,438.00
2026/WO 378 Bid Form -7
Conformed to Bid Documents
Cold Plane Pavement Removal, 3
20 0620 Inches Deep SQYD 22,070 $3.40 $75,038.00
Cold Plane Pavement Removal,4
21 0620 Inches Deep SQYD 5,760 $3.40 $19,584.00
22 0640 3/4"-0 Aggregate Base TON 350 $108.00 $37,800.00
WEARING SURFACES(00700)
23 0730 Emulsified Asphalt in Tack Coat TON 27 $0.01 $0.27
24 0744 Level 3, 1/2 Inch ACP Mixture TON 9,600 $100.00 $960,000.00
Level 3, 1/2 Inch ACP Mixture with
25 0744 Fibers TON 364 $125.00 $45,500.00
12 Inch Asphalt Concrete Pavement
26 0748 Repair SQYD 177 $88.60 $15,682.20
20 Inch Asphalt Concrete Pavement
27 0748 Repair SQYD 67 $182.00 $12,194.00
28 0749 Extra for Spot Grind and Inlays SQYD 8,713 $1.50 $13,069.50
29 0749 Extra for Asphalt Approaches EA 13 $1,390.00 $18,070.00
30 0749 Extra for Asphalt Walks SQFT 556 $8.80 $4,892.80
31 0749 Concrete Driveways SQFT 415 $18.40 $7,636.00
32 0759 Concrete Curbs, Curb and Gutter LF 1,306 $59.00 $77,054.00
33 0759 Concrete Curbs, Grade Correction LF 436 $40.40 $17,614.40
34 0759 Concrete Walks SQFT 13,950 $17.00 $237,150.00
PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES(00800)
35 0855 Bi-Directional Blue Type 1AR Markers EA 13 $22.50 $292.50
Bi-Directional Yellow Type 1AR
36 0855 Markers EA 208 $8.75 $1,820.00
Mono Directional White Type 1AR
37 0855 Markers EA 298 $8.75 $2,607.50
Thermoplastic, Extruded, Surface,
38 0865 Profiled LF 9,799 $1.73 $16,952.27
Thermoplastic, Extruded, Surface,
39 0865 Non-Profiled LF 41,357 $1.35 $55,831.95
40 0867 Pavement Legend TYPE B-HS: Arrows EA 67 $479.00 $32,093.00
Pavement Legend TYPE B-HS: Bicycle
41 0867 Lane Stencil EA 4 $422.00 $1,688.00
42 0867 Pavement Legend TYPE B-HS: Only EA 14 $620.00 $8,680.00
2026/WO 378 Bid Form -8
Conformed to Bid Documents
43 0867 Pavement Legend Type D: B-HS SQFT 4,628 $13.67 $63,264.76
PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS(00900)
44 0905 Remove and Reinstall Existing Signs LS 1 $120,000.00 $225.00
Signs, Standard Sheeting, Extruded
45 0940 Aluminum LS 1 $280,000.00 $203.00
Traffic Signal Modification, Bangy
46 0990 Road at Bonita Road LS 1 $8,122.63 $55,000.00
Traffic Signal Modification, Bangy
47 0990 Road at Meadows Road LS 1 $16,900.00 $52,100.00
Traffic Signal Modification, Kruse Way
48 0990 at Kruse Oaks Drive LS 1 $22,400.00 $22,400.00
Traffic Signal Modification, Kruse Way
49 0990 at Westlake Drive LS 1 $41,400.00 $41,400.00
Traffic Signal Modification, Kruse Way
50 0990 at Carman Drive LS 1 $57,900.00 $57,900.00
RIGHT-OF-WAY DEVELOPMENT AND CONTROL(01000)
51 1095 Bicycle Racks EA 2 $4,480.00 $2,920.00
WATER SUPPLY SYSTEMS(01100)
8 Inch Ductile Iron Pipe with $197.00 $34,475.00
52 1140 Restrained Joints and Class B Backfill LF 175
6 Inch Ductile Iron Pipe with $234.00 $5,616.00
53 1140 Restrained Joints and Class B Backfill LF 24
4 Inch Ductile Iron Pipe with $749.00 $5,400.00
54 1140 Restrained Joints and Class B Backfill LF 20
55 1140 Ductile Iron Pipe Tees, 8 Inch EA 5 $1,320.00 $6,600.00
56 1140 Ductile Iron Pipe Bend, 8 Inch EA 2 $845.00 $1,408.00
57 1140 Ductile Iron Pipe Reducer,4 Inch EA 1 $422.00 $422.00
58 1140 Ductile Iron Pipe Reducer, 6 Inch EA 1 $490.00 $490.00
59 1140 Blowoff Assembly, 2 Inch EA 1 $3,180.00 $3,180.00
Temporary Line Stop with Thrust
60 1140 Straddle Block EA 1 $22,500.00 $22,500.00
8 Inch Connection to Existing 8 Inch
61 1140 Main EA 3 $2,840.00 $8,520.00
62 1150 8 Inch Gate Valve EA 2 $3,040.00 $6,080.00
63 1150 6 Inch Gate Valve EA 1 $2,160.00 $2,160.00
64 1150 4 Inch Gate Valve EA 1 $1,710.00 $1,710.00
65 1150 2 Inch Gate Valve EA 2 $1,030.00 $2,060.00
2026/WO 378 Bid Form -9
Conformed to Bid Documents
66 1160 Hydrant Assemblies EA 2 $4,480.00 $12,840.00
Reconnecting Existing Water Services,
67 1170 1.5 Inch EA 1 $120,000.00 $1,460.00
68 i 1170 1.5 Inch Water Meter Assembly EA 1 $280,000.00 $1,070.00
69 1170 2 Inch Water Meter Assembly EA 1 $8,122.63 $1,070.00
1.5 Inch Water Service Connection
70 1170 Piping LF 15 $268.00 $4,020.00
2 Inch Water Service Connection
71 1170 Piping LF 19 $215.00 $4,085.00
Corrected Bid Total $2,829,720.48
Rid Total S 2,830,220.48
Bid Total (Written Out)
Two Million Eight Hundred Thirty Thousand Dollars Two Hundred Twenty Dollars Forty Eight Cents
Bid Schedule
WO 347—2024 High Priority Ramps
Item Spec Description Unit Qty Price Total
TEMPORARY FEATURES AND APPURTENANCES(00200)
1 0210 Mobilization LS 1 $16,900.00 $120,000.00
Temporary Work Zone Traffic Control,
2 0221 Complete LS 1 $22,400.00 $63,600.00
Temporary Type Tree Protection
3 0270 Fence LF 200 $9.20 $1,840.00
4 0280 Erosion Control LS 1 $41,400.00 $1,480.00
ROADWORK(00300)
5 0310 Removal of Surfacings SQYD 845 $33.00 $27,885.00
6 0320 Clearing and Grubbing LS 1 $57,900.00 $7,550.00
DRAINAGE AND SEWERS(00400)
7 0470 Concrete Monument Boxes EA 2 $845.00 $2,200.00
8 0490 Adjusting Boxes EA 1 $422.00 $225.00
9 0490 Adjusting Catch Basins EA 7 $1,970.00 $13,790.00
WEARING SURFACES(00700)
10 0744 Level 3, 1/2 Inch ACP Mixture TON 66 $195.00 $12,870.00
11 0759 Concrete Curbs, Curb and Gutter LF 747 $67.40 $50,347.80
12 0759 Concrete Curbs, Grade Correction LF 243 $49.44 $12,013.92
13 0759 Concrete Driveways SQFT 200 $23.58 $4,716.00
2026/WO 378 Bid Form - 10
Conformed to Bid Documents
14 0759 Concrete Walks SQFT 3,314 $21.20 $70,256.80
PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES(00800)
Thermoplastic, Extruded or Sprayed,
15 0865 Surface, Non-Profiled LF 200 $9'20 $1,920.00
16 0867 Pavement Legend,TYPE B-HS: Arrows EA 1 $120,000.00 $422.00
Pavement Legend,Type B-HS: Bicycle
17 0867 Lane Stencil EA 5 $1,320.00 $2,110.00
18 0867 Pavement Bar TYPE B-HS SQFT 40 $20.80 $832.00
PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS(00900)
19 0905 Remove and Reinstall Existing Signs LS 1 $280,000.00 $124.00
Perforated Steel Square Tube Anchor
20 0930 Sign Supports . EA 7 $1,970.00 $9,520.00
RIGHT-OF-WAY DEVELOPMENT AND CONTROL(01000)
21 1070 Mailbox Relocation EA 1 $8,122.63 $1,410.00
Bid Total $ 302,912.52
Bid Total (Written Out)
Two Million Eight Hundred Thirty Thousand Dollars Two Hundred Twenty Dollars Forty Eight Cents
End
Revised 02-04-22
2026/WO 378 Bid Form - 11
PENAL SUM FORM
Conformed to Bid Documents
BID BOND
Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address):
Brix Paving Northwest, Inc.
PO Box 2388
Tualatin, OR 97062
SURETY(Name and Address of Principal Place of Business):
Old Republic Surety Company
PO Box 1635
Milwaukee, WI 53201-1635
OWNER (Name and Address):
City of Lake Oswego
PO Box 369
Lake Oswego, OR 97034
BID
Bid Due Date: 04/21/2026
Project (Brief Description Including Location): Work Order 378 - 2026 - 2030 Pavement Management Program:
2026 Pavement Rehabilitation Projects
Lake Oswego, OR
BOND
Bond Number: Bid Bond
Date (Not later than Bid due date): 04/14/2026
Penal sum Ten (10%) Percent of the Total Amount Bid 10%of Bid Amount
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
\\\\111111111111/1l�!
BIDDER SURETY ;°�0oo Sv�FT�
igi /oP►ol4r O:
Brix Paving Northwest, Inc. Old Republic Surety Company = 1 SEAL
Bidder's Name Surety' Name = ,,,, ,
By: 'f"c-SI 4--- By: .2N)
Signatur an e Signature and Title Sandra Stewart, Attorney-In-Fact
(Attach Power of Attorney)
Attest: Attest: C'1 L 1 SIaiL
Signatur d Title Signature and Title Lori D. Andrews, Witness
Note: Above addresses are to be used for giving required notice.
2026/WO 378 Bid Bond - 1
PENAL SUM FORM
Conformed to Bid Documents
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, 7. Any suit or action under this Bond shall be
successors and assigns to pay to Owner upon default commenced only in a court of competent jurisdiction
of Bidder the penal sum set forth on the face of this located in the state in which the Project is located.
Bond. Payment of the penal sum is the extent of
Surety's liability. 8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
2. Default of Bidder shall occur upon the failure of shown on the face of this Bond. Such notices may be
Bidder to deliver within the time required by the sent by personal delivery, commercial courier, or by
Bidding Documents (or any extension thereof agreed United States Registered or Certified Mail, return
to in writing by Owner) the executed Agreement receipt requested, postage pre-paid, and shall be
required by the Bidding Documents and any deemed to be effective upon receipt by the party
performance and payment bonds required by the concerned.
Bidding Documents.
9. Surety shall cause to be attached to this Bond a
3. This obligation shall be null and void if: current and effective Power of Attorney evidencing
3.1. Owner accepts Bidder's Bid and Bidder the authority of the officer, agent, or representative
delivers within the time required by the who executed this Bond on behalf of Surety to
Bidding Documents (or any extension execute, seal, and deliver such Bond and bind the
thereof agreed to in writing by Owner) the Surety thereby.
executed Agreement required by the Bidding
Documents and any performance and 10. This Bond is intended to conform to all applicable
payment bonds required by the Bidding statutory requirements. Any applicable requirement
Documents, or of any applicable statute that has been omitted from
3.2. All Bids are rejected by Owner, or this Bond shall be deemed to be included herein as if
3.3. Owner fails to issue a Notice of Award to set forth at length. If any provision of this Bond
Bidder within the time specified in the conflicts with any applicable statute, then the
Bidding Documents (or any extension provision of said statute shall govern and the
thereof agreed to in writing by Bidder and, if remainder of this Bond that is not in conflict therewith
applicable, consented to by Surety when shall continue in full force and effect.
required by Paragraph 5 hereof).
11. The term "Bid" as used herein includes a Bid, offer,
4. Payment under this Bond will be due and payable or proposal as applicable.
upon default by Bidder and within 30 calendar days
after receipt by Bidder and Surety of written notice of
default from Owner, which notice will be given with
reasonable promptness, identifying this Bond and the
Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based
on or arising out of any time extension to issue Notice
of Award agreed to in writing by Owner and Bidder,
provided that the total time for issuing Notice of
Award including extensions shall not in the aggregate
exceed 120 days from Bid due date without Surety's
written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of
default required in Paragraph 4 above is received by
Bidder and Surety and in no case later than one year
after Bid due date.
2026/WO 378 Bid Bond-2
****
* * Conformed to Bid Documents
* OLD REPUBLIC SURETI COMPANY
***
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation, does make, constitute and
appoint:
Sandra Stewart, Lon D.Andrews,Jamie L.Armfield, Roxana Palacios, Kristine Santamana. Mamma blatyunin, Eli Biondine of Portland, DR
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety. to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings. recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows.
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and ail of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting neld on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president. any vice-president or assistant vice president. in conjunction with the secretary or any assistant secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obiigations of all kinds, and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person
RESOLVED FURTHER,that any bond, undertaking, recognizance.or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president,any vice president or assistant vice president,and attested and sealed (if a seal be required)by any secretary or assistant
secretary:or
(ii) when signed by the president any vice president or assistant vice president, secretary or assistant secretary. and countersigned and sealed (if a seal be
required)by a duly authorized attorney-in-fact or agent.or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attomey issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company: and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF. OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seai to be
affixed this 1st day of July 2025
y�'S�RFI`. OLD REPUBLIC SURETY COMPANY
G oft n
oOn�rf S_1.1
SEAL 4 /4.,yaa•-
.Ass'start Secretary
* President
STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS
On this 1st day of July 2025 ,personally came before me, Alan Pavlic
and Kevin J. Abitz ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same. and being by me duly sworn, did severally depose and say' that
they are the said officers of the corporation aforesaid.and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
PRI
•
Q.p ,E0.44,017.1Aq
//A
. • Boixsovt.
ny;..pie 11G Notary PC r
YI\b.
My Commission Expires. September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation. CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked: and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
``G Si1fp,
Y 0 c0•M••,,
77 1340 - ; SEAL ►_ Signed and sealed at the City of Brookfield,WI this 1 4th day of April 2026
=
ORSC 22262(3-061 Ass.sta Sccrc 410
USI Insurance Services, NW
Conformed to Bid Documents
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(OAR 137-049-0360)
Bids which are submitted by Bid Closing, but for which a required disclosure submittal has not
been made by the specified Disclosure Deadline, are not responsive and shall not be
considered for Contract award
AGENCY SUPPLIED INFORMATION:
PROJECT NAME: 2026 Pavement Rehabilitation Project
WORK ORDER# 378 BID CLOSING: Date 4/21/26 Time: 2:00 DAM 0PM
REQUIRED DISCLOSURE DEADLINE: Date: 4/21/26 Time: 4:00 DAM OPM
Deliver Form to(Agency) City of Lake Oswego(via bid submittal link)
Designated Recipient(Person): Stefan Broadus Phone#: 503-635-0267
Agency's Address: 380 A Avenue, P.O. Box 369 Lake Oswego,Oregon 97034
INSTRUCTIONS:
If the contracting agency's estimate of contract value or Bidder's Bid is greater than$100,000,this form must be
submitted. This form must be submitted either with the bid or within two (2)working hours after the advertised
bid closing date and time; but no later than the DISCLOSURE DEADLINE stated above.
Unless otherwise stated in the solicitation,this document shall not be submitted by facsimile. It is the
responsibility of bidders to submit this disclosure form and any additional sheets,with the bid number and
project name clearly marked,at the location indicated by the specified disclosure deadline.
List below the Name,Category of Work and Dollar Value for each first-tier subcontractor that would be furnishing
labor,or labor and material,for which disclosure is required. Enter the word "NONE" if there are no first-tier
subcontractors subject to disclosure. ATTACH ADDITIONAL SHEETS IF NECESSARY.
BIDDER DISCLOSURE:
SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE
1 Roger Langeliers Concrete Work $334, 124 . 00
2. Turney Excavation Excavation $459, 120 . 25
3. D&H Flagging, INC Traffic Control $155, 000 . 00
4. Aaken Corporation Electrical $218, 505 . 00
5 SPM Stripe $167, 229 . 21
6. Robotics Survey $15, 000 . 00
The above listed first-tier subcontractor(s)are providing labor,or labor and material,with a Dollar Value equal to
or greater than:
a) 5%of the total Contract Price, but at least$15,000. [If the Dollar Value is less than $15,000 do not list
the subcontractor above.]
or
b) $350,000 regardless of the percentage of the total Contract Price.
Form Submitted By(Bidder Name): Brix Paving Northwest Inc
Contact Name: Austin Cooksey Phone#: 503-341-4508
2026/WO 378 First Tier Disclosure Form - 1
Conformed to Bid Documents
GFE PROGRAM: FORM 1
SUBCONTRACTOR AND SELF-PERFORM LIST
Bidder Name: Brix Paving Northwest, INC
City Project#/ Name: WO# 378 _ 2026 Pavement Rehabilitation Project
Bidders must identify all Divisions of Work (DOWs)to be self-performed and subcontracted. DOWs not self-performed are subject to the GFE Program
requirements. Before submitting, check to ensure all listed DOWs for this project appear in at least one of the two tables below.
NOTE: DOWs that will not be self-performed will be itemized on the next page.
DIVISIONS OF WORK TO BE SELF-PERFORMED
(GFE NOT REQUIRED)
Asphalt Paving
Asphalt Grinding
Saw Cutting
Erosion Control
Conformed to Bid Documents
GFE PROGRAM: FORM 1 (CONTINUED)
DIVISIONS OF WORK NOT TO BE SELF-PERFORMED
(List ALL subcontractors—COBID certified and non-certified)
ALL SUBCONTRACTORS DIVISIONS OF WORK DOLLAR VALUE OF COBID CERTIFIED?
(Use the Subcontractor's complete legal name) (Provide Description) SUBCONTRACT LIST ALL CERTIFICATIONS*
(ESB,MBE,WBE,SDV,DBE,ACDBE)
Name Roger Langeliers $334,124.00 COBID certified:
Yes 0 No O
Address 7145 NE Progress Ct Concrete Ramps Certifications:
City/St/Zip Hillsboro, OR 97124
Phone 503 . 570 . 9355 CCB# 106364
$459,120.25
Name Turney Excavation Yes O Noified0
Address PO Box 21597 Certifications:
City/St/Zip
Keizer, OR 97307 Excavation
Phone 503-856-1207 CCB# 214481
INC Flagging/Traffic Control $155,000.00 COBID certified:
Name D&H Flagging,
Yes OX No O
Address 1621SE Paradee St Certifications:
City/St/Zip Portland, OR 97202-4733 DBE / WBE
Phone 503-232-2488 CCB# 216371
* ESB:Emerging Small Business;MBE: Minority-owned Business;WBE: Women-owned Business;SDV:Service-Disabled Veteran-Owned Business;DBE or ACDBE:
Disadvantaged Business Enterprise
List Continued on Next Page? Yes 0 No 0 Number of Additional Pages? 2
Conformed to Bid Documents
GFE PROGRAM: FORM 1 (CONTINUED)
DIVISIONS OF WORK NOT TO BE SELF-PERFORMED
(List ALL subcontractors—COBID certified and non-certified)
ALL SUBCONTRACTORS DIVISIONS OF WORK DOLLAR VALUE OF COBID CERTIFIED?
(Use the Subcontractor's complete legal name) (Provide Description) SUBCONTRACT LIST ALL CERTIFICATIONS*
(ESB,MBE,WBE,SDV,DBE,ACDBE)
Name $334,124.00 COBID certified:
Yes No O
Address Certifications:
City/St/Zip
Phone CCB#
Name $459,120.25 COBID certified:
Yes No X
Address Certifications:
City/St/Zip
Phone CCB#
Name D&H Flagging, INC Flagging/Traffic Control $155,000.00 COBID certified:
gg g, Yes No X
Address 1621SE Paradee St Certifications:
City/St/Zip Portland, OR 97202-4733
Phone 503-232-2488 CCB# 216371
* ESB:Emerging Small Business;MBE: Minority-owned Business;WBE: Women-owned Business;SDV:Service-Disabled Veteran-Owned Business;DBE or ACDBE:
Disadvantaged Business Enterprise
List Continued on Next Page? Yes 0 No 0
Conformed to Bid Documents
GFE PROGRAM: FORM 1 (CONTINUED)
DIVISIONS OF WORK NOT TO BE SELF-PERFORMED
(List ALL subcontractors—COBID certified and non-certified)
ALL SUBCONTRACTORS DIVISIONS OF WORK DOLLAR VALUE OF COBID CERTIFIED?
(Use the Subcontractor's complete legal name) (Provide Description) SUBCONTRACT LIST ALL CERTIFICATIONS*
(ESB,MBE,WBE,SDV,DBE,ACDBE)
Name $334,124.00 COBID certified:
Yes O No O
Address Certifications:
City/St/Zip
Phone CCB#
Name $459,120.25 COBID certified:
Yes O No O
Address Certifications:
City/St/Zip
Phone CCB#
Flagging/Traffic Control $155,000.00 COBID certified:
Name D&H Flagging, INC Yes O No 0
Address 1621SE Paradee St Certifications:
City/St/Zip Portland, OR 97202-4733
Phone 503-232-2488 CCB# 216371
* ESB:Emerging Small Business;MBE: Minority-owned Business;WBE: Women-owned Business;SDV:Service-Disabled Veteran-Owned Business;DBE or ACDBE:
Disadvantaged Business Enterprise
List Continued on Next Page? Yes 0 No 0
Conformed to Bid Documents
GFE PROGRAM: FORM 2
COBID SUBCONTRACTOR CONTACT & BIDS RECEIVED LOG
Bidder Name: Brix Paving Northwest, INC Date: 4/13 b i1/2026
City Project#/ Name: WO# 78 - 2026 Pavement Rehabilitation Project Contact Person: Austin Cooksey
DIVISIONS OF BID ACTIVITY REJECTED BIDS
COBID CERTIFIED DATE CONTACT NAME& WORK (YES NO)
SUBCONTRACTOR SOLICITATION
DATE OF CONTACT PROVIDE WILL BID BID BID REASON NOT USED
BUSINESS NAME WAS SENT
DESCRIPTION* BID REC'D USED AMOUNT (If"Other,"please explain)
x $79.50 per Price Scope,just
A+ Flagging Chris - 4/10/26 Flagging 4/10/2026 x hour Scope quoted flagging
Other
Price
HLigh CQualityTrafficControl Shelly - 4/10/26 Flagging 4/10/2026 x x $74 per hour Scope Scope,just quotec
Other
x x $155,000.00 Price
x
D & H Flagging, Inc. Randy - 4/10/26 Flagging / 4/10/2026 Scope
Traffic Control Other
Price
All-Ways Aaron - 4/10/26 Excavation 4/10/2026 N/A Scope NO Bid
Excavation Other
Elk Horn 4/10/2026 Price
Shani - 4/10/2026 Excavation No Answer N/A Scope No Bid Received
Construction Left Voicemail Other
Advanced Tribal N/A Price No Bid Received
Leon - 4/10/2026 Excavation 4/10/2026 x Scope
LLC
Other
0'Bunco 4/10/2026 Price
Engineering Sam - 4/10/2026 Survey No Answer N/A Scope No Bid Received
Left Voicemail Other
PTS Surveying Price
Tyler - 4/10/2026 Survey 4/10/2026 x N/A scope No Bid Received
INC
Other
N/A Price No Bid Received
Recorp, LLC Justin - 4/10/2026 Survey 4/10/2026 x Scope
Other
*When possible,subcontractors contacted for the same or similar DOW should be grouped together.
*No Qualified electrician' s on COBID' s website for this scope of work
*No Qualified Stripe Contractors on COBID' s website for this scope of work
Conformed to Bid Documents
GFE PROGRAM: FORM 2
COBID SUBCONTRACTOR CONTACT & BIDS RECEIVED LOG
Bidder Name: Brix Paving Northwest, INC Date: 4/0-42,62:61/2026
City Project#/ Name: WO#378 - 2026 Pavement Rehabilitation Project Contact Person: Austin Cooksey
DIVISIONS OF BID ACTIVITY REJECTED BIDS
COBID CERTIFIED DATE
CONTACT NAME& WORK (YES NO)
SUBCONTRACTOR SOLICITATION
DATE OF CONTACT PROVIDE WILL BID BID BID REASON NOT USED
BUSINESS NAME WAS SENT
DESCRIPTION* BID REC'D USED AMOUNT (If"Other,"please explain)
Price
Civil West Arnold — 4/10/26 Concrete 4/10/2026 x $79.50 per Not
hour Scope
Construction Other Bidding
Faison Price Not
Construction James - 4/10/2026 Concrete 4/10/2026 $74 per hour Scope Bidding
other
C&L Price
Noemi - 4/10/2026 Concrete 4/10/2026 $155,000.00 Scope Not
Innovations
Other Bidding
Cartello Construction, Tara-4/10/2026 Signs 4/10/2026 X Price
N/A Scope Scope,just
INC Other quoted flagging
Price
Gageit Construction Brian-4/10/2026 Signs 4/10/2026 N/A Scope Scope,just quote
Other
Coral Sales Company Rachel-4/10/2026 Supplying Sign 4/10/2026 x x N/A Price
Materials Scope
Other
Price
N/A Scope
Other
Price
N/A Scope No Bid Received
Other
N/A Price No Bid Received
Scope
Other
*When possible,subcontractors contacted for the same or similar DOW should be grouped together.
*No Qualified electrician' s on COBID' s website for this scope of work
*No Qualified Stripe Contractors on COBID' s website for this scope of work
Conformed to Bid Documents
To Whom It May Concern,
Brix Paving Northwest is soliciting bids from qualified subcontractors and suppliers for the
following project:
Project: City of Lake Oswego 2026 Pavement Rehabilitation
Project No.:WO 378/WO 347
Bid Date: 04/21/2026 @ 2:00 PM
Location: Lake Oswego, Oregon
Work scopes may include, but are not limited to: traffic control, excavation, stripe, survey.
We encourage all interested DBE, MBE,WBE, and ESB firms to respond. Plans and
specifications are available through the City of Lake Oswego or upon request.
Please submit your quote to:
Brix Paving Northwest
Attn: Austin Cooksey
Phone: 503-341-4508
Email: acooksey@brixpaving.com
Quotes needed by: 04/20/2026
131R1
PAVING NORTHWEST. INC.
Conformed to Bid Documents
CONTRACT BOOKLET
Conformed to Bid Documents
lA F� CITY OF LAKE OSWEGO
sn` PUBLIC WORKS/ PUBLIC IMPROVEMENT/
V �— O SERVICE CONTRACT FOR PUBLIC IMPROVEMENT
(Greater than $50,000/with General and Supplementary Conditions)
Contractor: Brix Paving Northwest, Inc. Date of Contract: May 19, 2026
Mailing PO Box 2388 Date of Substantial September 26, 2026
Address: Tualatin, OR 97062 Completion:
Date of Final Completion October 16,2026
Work: _ WO 378 Contract Amount: $3,132,633.00
Project: 2026 Pavement Rehabilitation Engineer(if applicable) Consor North
Project America, Inc. &Wallis
Engineering PLLC
WITNESSETH:
Contractor and the City of Lake Oswego, a municipal corporation, ("Owner") mutually
covenant and agree to and with each other as follows:
1. WORK/ PROJECT
1.1 General Description of Work. The Work is generally described as follows:
The scope of work consists of pavement rehabilitation on various streets within Lake Oswego as
well as major upgrades to the existing signalization at five (5) intersections: Kruse Way and
Carman Drive, Kruse Way and Westlake Drive, Kruse Way and Kruse Oaks Drive, Bangy Road
and Meadows Road, as well as Bangy Road and Bonita Road. These improvements will bring
these signalized intersections into current industry standards for detection. This project will
also construct about 60 curb ramps bringing them into compliance with current Americans with
Disabilities Act (ADA) requirements. Most of these are located at the intersections within the
paving limits.
Work will consist of:
1. Temporary signage for pedestrian and traffic control
2. Replacement of several stormwater catch basins
3. Removal of asphalt concrete (grinding)
4. Construction of asphaltic concrete pavement inlays and overlays
5. Installation of pavement markings
6. Installation and replacement of some water lines
7. Performance of additional and incidental work as called for by the specifications and
plans.
Page 1— PUBLIC WORKS CONTRACT—WO 378
Conformed to Bid Documents
See Bid Form, Contact Plans, and Specifications for all work.
The Work is part of the above named "Project", if stated above.
1.2 Project. The project for which the Work under the Contract Documents may be a
part is referenced above.
2. CLASSIFICATION OF WORK/CONTRACT DOCUMENTS
2.1 Classification of Work. This Work is classified as:
Applicable Classification Description of Classification
classification(s)
Public Work Construction-includes the initial building of structures and roads.
X Reconstruction-includes the restoration of existing buildings and
the restoration,rebuilding or resurfacing of existing roads(includes
(Note: Public Work and emergency work).
Public Improvement are Major Renovation-includes any remodeling or alteration of
not mutually exclusive; existing structures or roads(includes emergency work).
a public impvt contract Painting of structure or building.
is frequently also a General Maintenance/Demolition—Only if part of construction or
public works contract). major renovation project
Public Improvement Construction,reconstruction or major renovation on real property,
X not including emergency work, or ordinary repair or maintenance
necessary to preserve a public improvement.
Service Contract Relating General Maintenance necessary to preserve a public improvement
to Public Improvement (not part of construction or renovation).
Project Demolition—Only if not part of construction or renovation).
2.2 Contract Documents. See General Conditions 00110.20 and 00150.10 for listing
of Contract Documents and the order of precedence for resolving discrepancies among the
documents.
Note: Submittals reviewed pursuant to subsection 00150.35 of the General Conditions and
Reference Documents, if any, referred to in the Special Provisions are not Contract Documents.
3. CONTRACT TIMES/ LIQUIDATED DAMAGES
3.1 Dates of Substantial and Final Completion. The Work will be substantially
completed on or before the Date of Substantial Completion stated above, and completed and
ready for final payment in accordance with subsection 00195.90 of the General Conditions on or
before the Date of Final Completion stated above.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Contract and OWNER will suffer financial loss if the Work is not completed within
the times specified above, plus any extensions thereof allowed in accordance with Section 00180
of the General Conditions. They also recognize the delays, expense and difficulties involved in
proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly,
instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages
Page 2— PUBLIC WORKS CONTRACT—WO 378
Conformed to Bid Documents
for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars
($500/calendar day.)for each day that expires after the time specified for Substantial Completion
until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified for completion
and readiness for final payment or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER Fifteen Hundred Dollars ($1500 Calendar/day.) for each day that
expires after the time specified for Final Completion.
4. CONTRACT AMOUNT. No payment shall be due to the Contractor until the Contractor has
completed and submitted to the City's Finance Department the IRS Form W-9 Request for
Taxpayer Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf). The City
prefers to pay contractors by electronic fund transfer;the contractor may submit the EFT
agreement (http://tinyurl.com/LO-EFT)to the City's Finance Department. OWNER agrees to pay,
and CONTRACTOR agrees to accept, in full payment for completion of the Work in accordance
with the Contract Documents, the Contract Amount stated above, as defined in subsection
00110.20 of the General Conditions; provided however, estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER named above, if applicable, or Owner's Project Manager, as provided in subsection
00195.50 of the General Conditions. Unit prices have been computed as provided in subsection
00195.00 of the General Conditions.
5. WORKERS COMPENSATION INSURANCE: Per GC 00170.70(d), the Contractor certifies to
the City that it is complying with ORS 656.017 and the requirements for Worker's Compensation
Insurance as follows:
Initial One Representation to City
Insurance Obtained (submit Certificate of Insurance)
Self-Insured Employer (submit evidence of compliance
with Worker Compensation Division requirements)
Exempt Employer — contractor does not employ any
persons that would require contractor to provide
workers compensation insurance benefits
Independent Contractor—no employees
////Signatures on next page
Page 3— PUBLIC WORKS CONTRACT—WO 378
Conformed to Bid Documents
BRIX PAVING NORTHWEST, INC. CITY OF LAKE OSWEGO
By:
Name: Lynn Peterson, City Manager pro tern
Title: Date:
Date: Public Contracting Officer
380 A Avenue
Check one: P.O. Box 369
Sole Proprietor Lake Oswego, OR 97034
Partnership
Corporation X
Limited Liability Company Date Authorized by Council, if applicable:
Limited Liability Partnership May 19, 2026.
Other:
Domicile, if other than Oregon: APPROVED AS TO FORM:
Ver.1412
City Attorney's Office
Page 4— PUBLIC WORKS CONTRACT—WO 378
Conformed to Bid Documents
PERFORMANCE BOND
Any singular reference to Contractor,Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY(Name and Address of Principal Place of Business):
OWNER(Name and Address):
City of Lake Oswego
PO Box 369
Lake Oswego,OR 97034
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature:
Name and Title: Surety's Name
By:
Signature and Title
(Attach Power of Attorney)
Attest:
(Space is provided below for signatures of additional Signature and Title
parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature:
Name and Title: Surety's Name
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
2026/WO 378 Performance Bond - 1
Conformed to Bid Documents
1. Contractor and Surety, jointly and severally, bind 4.3. Obtain bids or negotiated proposals from qualified
themselves, their heirs, executors, administrators, contractors acceptable to Owner for a contract for
successors, and assigns to Owner for the performance of performance and completion of the Contract,
the Contract, which is incorporated herein by reference. arrange for a contract to be prepared for execution
by Owner and Contractor selected with Owner's
2. If Contractor performs the Contract, Surety and concurrence, to be secured with performance and
Contractor have no obligation under this Bond, except to payment bonds executed by a qualified surety
participate in conferences as provided in Paragraph 3.1. equivalent to the bonds issued on the Contract,
and pay to Owner the amount of damages as
3. If there is no Owner Default, Surety's obligation under described in Paragraph 6 in excess of the Balance
this Bond shall arise after: of the Contract Price incurred by Owner resulting
from Contractor Default; or
3.1. Owner has notified Contractor and Surety, at the
addresses described in Paragraph 10 below, that 4.4. Waive its right to perform and complete, arrange
Owner is considering declaring a Contractor for completion, or obtain a new contractor and
Default and has requested and attempted to with reasonable promptness under the
arrange a conference with Contractor and Surety circumstances:
to be held not later than 10 days after receipt of
such notice to discuss methods of performing the 1.After investigation, determine the amount for
Contract. If Owner, Contractor and Surety agree, which it may be liable to Owner and, as soon as
Contractor shall be allowed a reasonable time to practicable after the amount is determined,
perform the Contract, but such an agreement shall tender payment therefor to Owner; or
not waive Owner's right, if any, subsequently to
declare a Contractor Default; and 2.Deny liability in whole or in part and notify
Owner citing reasons therefor.
3.2. Owner has declared a Contractor Default and
formally terminated Contractor's right to complete 5. If Surety does not proceed as provided in Paragraph 4
the Contract. Such Contractor Default shall not be with reasonable promptness,Surety shall be deemed to be
declared earlier than 20 days after Contractor and in default on this Bond 15 days after receipt of an
Surety have received notice as provided in additional written notice from Owner to Surety demanding
Paragraph 3.1; and that Surety perform its obligations under this Bond, and
Owner shall be entitled to enforce any remedy available to
3.3. Owner has agreed to pay the Balance of the Owner. If Surety proceeds as provided in Paragraph 4.4,
Contract Price to: and Owner refuses the payment tendered or Surety has
denied liability, in whole or in
1. Surety in accordance with the terms of the part, without further notice Owner shall be entitled to
Contract; enforce any remedy available to Owner.
2.Another contractor selected pursuant to 6. After Owner has terminated Contractor's right to
Paragraph 4.3 to perform the Contract. complete the Contract, and if Surety elects to act under
Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities
4. When Owner has satisfied the conditions of Paragraph of Surety to Owner shall not be greater than those of
3, Surety shall promptly and at Surety's expense take one Contractor under the Contract, and the responsibilities of
of the following actions: Owner to Surety shall not be greater than those of Owner
under the Contract. To a limit of the amount of this Bond,
4.1. Arrange for Contractor, with consent of Owner,to but subject to commitment by Owner of the Balance of the
perform and complete the Contract; or Contract Price to mitigation of costs and damages on the
Contract, Surety is obligated without duplication for:
4.2. Undertake to perform and complete the Contract
itself, through its agents or through independent 6.1. The responsibilities of Contractor for correction of
contractors; or defective Work and completion of the Contract;
2026/WO 378 Performance Bond -2
Conformed to Bid Documents
6.2. Additional legal, design professional, and delay 11. When this Bond has been furnished to comply with a
costs resulting from Contractor's Default, and statutory requirement in the location where the Contract
resulting from the actions or failure to act of Surety was to be performed, any provision in this Bond conflicting
under Paragraph 4; and with said statutory requirement shall be deemed deleted
herefrom and provisions conforming to such statutory
6.3. Liquidated damages, or if no liquidated damages requirement shall be deemed incorporated herein. The
are specified in the Contract, actual damages intent is that this Bond shall be construed as a statutory
caused by delayed performance or non- bond and not as a common law bond.
performance of Contractor.
12. Definitions.
7. Surety shall not be liable to Owner or others for
obligations of Contractor that are unrelated to the 12.1 Balance of the Contract Price: The total amount
Contract, and the Balance of the Contract Price shall not be payable by Owner to Contractor under the
reduced or set off on account of any such unrelated Contract after all proper adjustments have been
obligations. No right of action shall accrue on this Bond to made, including allowance to Contractor of any
any person or entity other than Owner or its heirs, amounts received or to be received by Owner in
executors, administrators, or successors. settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced
8. Surety hereby waives notice of any change, including by all valid and proper payments made to or on
changes of time, to Contract or to related subcontracts, behalf of Contractor under the Contract.
purchase orders, and other obligations.
12.2.Contract: The agreement between Owner and
9. Any proceeding, legal or equitable, under this Bond may Contractor identified on the signature page,
be instituted in any court of competent jurisdiction in the including all Contract Documents and changes
location in which the Work or part of the Work is located thereto.
and shall be instituted within two years after Contractor
Default or within two years after Contractor ceased 12.3.Contractor Default: Failure of Contractor, which
working or within two years after Surety refuses or fails to has neither been remedied nor waived,to perform
perform its obligations under this Bond, whichever occurs or otherwise to comply with the terms of the
first. If the provisions of this paragraph are void or Contract.
prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the 12.4.Owner Default: Failure of Owner, which has
suit shall be applicable. neither been remedied nor waived, to pay
Contractor as required by the Contract or to
10. Notice to Surety, Owner, or Contractor shall be mailed perform and complete or comply with the other
or delivered to the address shown on the signature page. terms thereof.
FOR INFORMATION ONLY—Name,Address and Telephone
Surety Agency or Broker
Owner's Representative (engineer or other party)
2026/WO 378 Performance Bond -3
Conformed to Bid Documents
PAYMENT BOND
Any singular reference to Contractor,Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY(Name and Address of Principal Place of Business):
OWNER(Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature:
Name and Title: Surety's Name
By:
Signature and Title
(Attach Power of Attorney)
Attest:
(Space is provided below for signatures of additional Signature and Title
parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature:
Name and Title: Surety's Name
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
2026/WO 378 Payment Bond - 1
Conformed to Bid Documents
1. Contractor and Surety, jointly and severally, bind 2. Have either received a rejection in whole or in
themselves, their heirs, executors, administrators, part from Contractor, or not received within 30
successors, and assigns to Owner to pay for labor, days of furnishing the above notice any
materials,and equipment furnished by Claimants for use in communication from Contractor by which
the performance of the Contract, which is incorporated Contractor had indicated the claim will be paid
herein by reference. directly or indirectly; and
2. With respect to Owner,this obligation shall be null and 3. Not having been paid within the above 30 days,
void if Contractor: have sent a written notice to Surety and sent a
2.1. Promptly makes payment, directly or indirectly, for copy, or notice thereof, to Owner, stating that a
all sums due Claimants, and claim is being made under this Bond and
enclosing a copy of the previous written notice
2.2. Defends, indemnifies, and holds harmless Owner furnished to Contractor.
from all claims, demands, liens, or suits alleging
non-payment by Contractor by any person or entity 5. If a notice by a Claimant required by Paragraph 4 is
who furnished labor, materials, or equipment for provided by Owner to Contractor or to Surety, that is
use in the performance of the Contract, provided sufficient compliance.
Owner has promptly notified Contractor and Surety
(at the addresses described in Paragraph 12) of any 6. When a Claimant has satisfied the conditions of
claims, demands, liens, or suits and tendered Paragraph 4, the Surety shall promptly and at Surety's
defense of such claims, demands, liens, or suits to expense take the following actions:
Contractor and Surety, and provided there is no
Owner Default. 6.1. Send an answer to that Claimant, with a copy to
Owner, within 45 days after receipt of the claim,
3. With respect to Claimants, this obligation shall be null stating the amounts that are undisputed and the
and void if Contractor promptly makes payment, directly basis for challenging any amounts that are disputed.
or indirectly, for all sums due.
6.2. Pay or arrange for payment of any undisputed
4. Surety shall have no obligation to Claimants under this amounts.
Bond until:
7. Surety's total obligation shall not exceed the amount of
4.1. Claimants who are employed by or have a direct this Bond, and the amount of this Bond shall be credited
contract with Contractor have given notice to Surety for any payments made in good faith by Surety.
(at the addresses described in Paragraph 12) and
sent a copy,or notice thereof,to Owner,stating that 8. Amounts owed by Owner to Contractor under the
a claim is being made under this Bond and, with Contract shall be used for the performance of the Contract
substantial accuracy,the amount of the claim. and to satisfy claims, if any, under any performance bond.
By Contractor furnishing and Owner accepting this Bond,
4.2. Claimants who do not have a direct contract with they agree that all funds earned by Contractor in the
Contractor: performance of the Contract are dedicated to satisfy
obligations of Contractor and Surety under this Bond,
1.Have furnished written notice to Contractor and subject to Owner's priority to use the funds for the
sent a copy, or notice thereof, to Owner, within completion of the Work.
90 days after having last performed labor or last
furnished materials or equipment included in the 9. Surety shall not be liable to Owner, Claimants, or others
claim stating, with substantial accuracy, the for obligations of Contractor that are unrelated to the
amount of the claim and the name of the party to Contract. Owner shall not be liable for payment of any
whom the materials or equipment were furnished costs or expenses of any Claimant under this Bond, and
or supplied, or for whom the labor was done or shall have under this Bond no obligations to make
performed; and payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this Bond.
2026/WO 378 Payment Bond -2
Conformed to Bid Documents
14. Upon request of any person or entity appearing to be
10. Surety hereby waives notice of any change, including a potential beneficiary of this Bond, Contractor shall
changes of time,to the Contract or to related Subcontracts, promptly furnish a copy of this Bond or shall permit a copy
purchase orders and other obligations. to be made.
11. No suit or action shall be commenced by a Claimant 15. DEFINITIONS
under this Bond other than in a court of competent
jurisdiction in the location in which the Work or part of the 15.1. Claimant: An individual or entity having a direct
Work is located or after the expiration of one year from the contract with Contractor, or with a first-tier
date (1) on which the Claimant gave the notice required by subcontractor of Contractor, to furnish labor,
Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last materials, or equipment for use in the performance
labor or service was performed by anyone or the last of the Contract. The intent of this Bond shall be to
materials or equipment were furnished by anyone under include without limitation in the terms "labor,
the Construction Contract, whichever of (1) or (2) first materials or equipment" that part of water, gas,
occurs. If the provisions of this paragraph are void or power, light, heat, oil, gasoline, telephone service,
prohibited by law, the minimum period of limitation or rental equipment used in the Contract,
available to sureties as a defense in the jurisdiction of the architectural and engineering services required for
suit shall be applicable. performance of the Work of Contractor and
Contractor's Subcontractors, and all other items for
12. Notice to Surety, Owner, or Contractor shall be mailed which a mechanic's lien may be asserted in the
or delivered to the addresses shown on the signature page. jurisdiction where the labor, materials, or
Actual receipt of notice by Surety, Owner, or Contractor, equipment were furnished.
however accomplished,shall be sufficient compliance as of
the date received at the address shown on the signature 15.2. Contract: The agreement between Owner and
page. Contractor identified on the signature page,
including all Contract Documents and changes
13. When this Bond has been furnished to comply with a thereto.
statutory requirement in the location where the Contract
was to be performed, any provision in this Bond conflicting 15.3. Owner Default: Failure of Owner, which has
with said statutory requirement shall be deemed deleted neither been remedied nor waived, to pay
herefrom and provisions conforming to such statutory Contractor as required by the Contract or to
requirement shall be deemed incorporated herein. The perform and complete or comply with the other
intent is that this Bond shall be construed as a statutory terms thereof..
Bond and not as a common law bond.
FOR INFORMATION ONLY—Name,Address and Telephone
Surety Agency or Broker:
Owner's Representative (engineer or other party):
2026/WO 378 Payment Bond -3
PREVAILING WAGE RATES
The applicable prevailing wage rates for this project are those established by BOLT effective as
of January 5, 2026, including amendments thereto effective prior to the initial publication date
of the Invitation for Bids. The applicable apprenticeship rates for this project are those
established by BOLT effective February 18, 2026, including any amendments thereto effective
prior to the initial publication date of the Invitation for Bids
The web address for BOLT is https://www.oregon.gov/boli/employers/Pages/prevailing-wage-
rates.aspx.
Revised 04-29-26
2026-WO 378 Prevailing Wage Rates- 1
Conformed to Bid Documents
CONDITIONS OF
THE CONTRACT
Conformed to Bid Documents
General Conditions for Construction for the City of Lake Oswego
(based on the 2024 Oregon Standard Specifications for Construction)
TABLE OF CONTENTS
[2022-COBID added]
PART 00100 -GENERAL CONDITIONS
Section 00110 -Organization, Conventions,Abbreviations,and Definitions
00110.00 Organization of Specifications 5
00110.05 Conventions Used Throughout the Specifications Include 5
00110.10 Abbreviations 6
00110.20 Definitions 10
Section 00120 -Bidding Requirements and Procedures 20
00120.01 Receipt of Bids; Opening 20
00120.02 Prequalification of Bidders 20
00120.03 Request for Solicitation Documents 20
00120.04 Pre-Bid Meeting 20
00120.10 Bid Booklet 20
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered 21
00120.16 Material, Equipment, and Method Substitutions 21
00120.17 Use of Agency-Owned Land for Staging or Storage Areas 22
00120.20 Interpretation of Quantities in Bid Schedule 22
00120.25 Subsurface Investigations 23
00120.40 Preparation of Bids 23
00120.45 Submittal of Bids 25
00120.60 Modification or Withdrawal of Bids 26
00120.65 Opening and Comparing Bids 26
00120.70 Rejection of Nonresponsive Bids 26
00120.80 Reciprocal Preference for Oregon Resident Bidders 27
00120.90 Disqualification of Bidders 28
Section 00125-Good Faith Effort Equity Contracting Program 29
00125.00 Program Description 29
00125.10 Pre-Bid Requirements 29
00125.20 General Bid Requirements 30
00125.30 Delivery Method 31
00125.40 Subcontractor Changes 31
00125.50 Audit 31
00125.60 Enforcement 31
Section 00130 -Award and Execution of Contract
00130.00 Consideration of Bids 33
00130.12 Subcontractor or Supplier Identification 34
00130.15 Right to Protest Award 35
00130.20 Cancellation of Award 35
00130.30 Contract Booklet 35
00130.40 Contract Submittals 35
00130.50 Execution of Contract and Bonds 36
00130.50 Execution of Contract and Bonds 36
TOC- 1
General Conditions Revised 01/27/2026
Conformed to Bid Documents
00130.60 Failure to Execute Contract and Bonds 37
00130.70 Release of Bid Guaranties 37
00130.80 Project Site Restrictions 37
00130.85 Lake Oswego Business License 37
00130.90 Notice to Proceed 37
Section 00140 -Scope of Work
00140.00 Purpose of Contract 38
00140.10 Typical Sections 38
00140.20 Thickness 38
00140.30 Agency-Required Changes in the Work 38
00140.40 Differing Site Conditions 39
00140.50 Environmental Pollution Changes 39
00140.60 Extra Work 39
00140.65 Disputed Work 39
00140.70 Cost Reduction Proposals 39
00140.80 Use of Publicly Owned Equipment 41
00140.90 Final Trimming and Cleanup 41
00140.95"AS-BUILT" Drawings 41
00150.00 Authority of the Engineer 43
00150.02 Inspector's Authority and Duties 43
00150.10 Coordination of Contract Documents 44
00150.15 Construction Stakes, Lines, and Grades 44
00150.25 Acceptability of Materials and Work 46
00150.30 Delivery of Notices 46
00150.35 Submittals 48
00150.37 Equipment Lists and Other Submittals 52
00150.53 Utilities and Existing Improvements 55
00150.55 Cooperation with Other Contractors 56
00150.70 Detrimental Operations 57
00150.75 Protection and Maintenance of Work During Construction 58
00150.80 Removal of Unacceptable and Unauthorized Work 58
00150.91 Post-Construction Review 59
00150.95 Final Acceptance 59
00150.96 Maintenance Warranties and Guarantees 59
00150.97 Responsibility for Materials and Workmanship 59
Section 00160 -Source of Materials
00160.00 Definitions 59
00160.05 Qualified Products List(QPL) 60
00160.10 Ordering, Producing, and Furnishing Materials 61
00160.20 Preferences for Materials 61
00160.50 Agency-Controlled Land; Limitations and Requirements 64
00160.70 Requirements for Plant Operations 65
00160.80 Requirements for Sources of Borrow and Aggregate 65
00165.00 General 67
00165.01 Rejected Materials 67
00165.03 Testing by Agency 67
00165.04 Costs of Testing 67
00165.10 Materials Acceptance Guides 67
00165.20 Materials Specifications and Test Method References 68
00165.30 Field-Tested Materials 68
00165.70 Use of Materials without Engineer's Acceptance 70
00165.75 Storage and Handling of Materials 70
00165.80 Measurement 70
00165.90 Incidental Basis 71
TOC-2
General Conditions Revised 01/27/2026
Conformed to Bid Documents
Section 00170 -Legal Relations and Responsibilities
00170.00 General 72
00170.01 Other Agencies Affecting Agency Contracts 73
00170.02 Permits, Licenses, and Taxes 75
00170.03 Furnishing Right-of-Way and Permits 75
00170.04 Patents, Copyrights, and Trademarks 75
00170.05 Assignment of Antitrust Rights 75
00170.07 Record Requirements 76
00170.07 Record Requirements 76
00170.10 Required Payments by Contractors 79
00170.20 Public Works Bond 80
00170.32 Protection of Navigable Waters 80
00170.60 Safety, Health, and Sanitation Provisions 80
00170.61 Industrial Accident Protection 80
00170.62 Labor Nondiscrimination 80
00170.63 Payment for Medical Care 80
00170.70 Insurance 83
00170.71 Independent Contractor Status 88
00170.72 Indemnity/Hold Harmless 88
00170.74 Employee Drug Testing Program 89
00170.75 Oregon Tax Laws 89
00170.76 Subcontractors Nondiscrimination 89
00170.78 Conflict of Interest 89
00170.79 Third Party Beneficiary 89
00170.80 Responsibility for Damage to Work 89
00170.82 Responsibility for Damage to Property and Facilities 90
00170.85 Responsibility for Defective Work 91
00170.92 Fencing, Protecting Stock, and Safeguarding Excavations 93
00170.93 Trespass 93
00170.94 Use of Explosives 93
Section 00180 -Prosecution and Progress
00180.00 Scope 94
00180.05 Assignment/Delegation of Contract 94
00180.06 Assignment of Funds Due under the Contract 94
00180.10 Responsibility for Contract 94
00180.15 Agency's Right to Do Work at Contractor's Expense 94
00180.21 Subcontracting 96
00180.22 Payments to Subcontractors and Agents of the Contractor 99
00180.30 Materials, Equipment, and Work Force 99
00180.31 Required Materials, Equipment, and Methods 99
00180.40 Limitation of Operations 100
00180.41 Project Work Schedules 101
00180.42 Preconstruction Conference 109
00180.43 Commencement and Performance of Work 109
00180.44 Project Meetings 109
00180.50 Contract Time to Complete Work 111
00180.60 Notice of Delay 112
00180.65 Right-of-Way and Access Delays 112
00180.87 Failure to Comply with COBID Good Faith Requirement Plan 116
00180.90 Termination of Contract and Substituted Performance 116
Section 00190 -Measurement of Pay Quantities
00190.00 Scope 119
00190.10 Measurement Guidelines 119
00190.10 Measurement Guidelines 119
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00190.20 Contractor to Provide Vehicle Weigh Scales 120
00190.30 Plant Scales 123
Section 00195-Payment
00195.10 Payment For Changes in Materials Costs 124
00195.12 Steel Material Price Escalation/De-Escalation Clause 124
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause 126
00195.20 Changes to Plans or Character of Work 126
00195.30 Differing Site Conditions 127
00195.40 Unreasonable Delay by the Agency 127
00195.50 Progress Payments and Retained Amounts 128
00195.55 Monthly or Periodic Subcontractor Payment and Utilization Report(GFE Report Form 3) 131
00195.70 Payment under Terminated Contract 132
00195.80 Allowance for Materials Left on Hand 133
00195.96 Waiver of Claims 135
Section 00196-Payment for Extra Work
00196.00 General 136
00196.10 Negotiated Price 136
00196.20 Force Account 136
00197.00 Scope 137
00197.01 Extra Work on a Force Account Basis 137
00197.10 Materials 138
00197.20 Equipment 138
00197.30 Labor 140
00197.80 Percentage Allowances 140
00197.90 Billings 141
Section 00199 -Disagreements, Protests and Claims
00199.00 General 142
00199.10 Engineer's Decision Required 142
00199.20 Notices 142
00199.30 Engineer's Action 142
00199.40 Engineer's Inaction 142
00199.50 Engineer's Decision 142
00199.60 Dispute Resolution 142
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PART 00100-GENERAL CONDITIONS
Section 00110-Organization, Conventions,Abbreviations,and Definitions
Organization
00110.00 Organization of Specifications-The Specifications are comprised of the following:
• The"General Conditions for Construction for the City of Lake Oswego," published by the Agency,
which contain Part 00100"General Conditions",which deal with the solicitation process and
contractual relationships;
• The"2024 Oregon Standard Specifications for Construction,"which contain Parts 00200 through
03000, published by the Oregon Department of Transportation which contain the detailed
"Technical Specifications"involved in prosecution of the Work, organized by subject matter;and
• The Special Provisions.
In addition,throughout the Specifications:
• Each Part is divided into Sections and Subsections.
• Reference to a Section includes all applicable requirements of the Section.
• When referring to a Subsection, only the number of the Subsection is used; the word "Subsection"
is implied.
• Where Section and Subsection numbers are not consecutive,the interval has been reserved for use
in the Special Provisions or future expansion of the Standard Specifications.
Conventions
00110.05 Conventions Used Throughout the Specifications Include:
(a) Grammar—The"General Conditions for Construction for the City of Lake Oswego", part 00100"General
Conditions", is written in the indicative mood, in which the subject is expressed. The"2024 Oregon Standard
Specifications for Construction", published by the Oregon Department of Transportation, which contain parts
00200 through 03000,the detailed"Technical Specifications",are generally written in the imperative mood, in
which the subject is implied. Therefore,throughout Parts 00200 through 03000, and on the Plans:
• The subject, "the Contractor", is implied.
• "Shall" refers to action required of the Contractor, and is implied.
• "Will"refers to decisions or actions of the Agency and/or the Engineer.
• The following words, or words of equivalent meaning, refer to the actions of the Agency and/or the
Engineer, unless otherwise stated: "allowed", "directed", "established", "permitted", "ordered",
"designated", "prescribed", "required", "determined".
• The words "approved", "acceptable", "authorized", "satisfactory", "suitable", "considered", and
"rejected","denied","disapproved",or words of equivalent meaning,mean by or to the Agency and/or
the Engineer, subject in each case to Section 00150 of the General Conditions.
• The words"as shown", "shown", "as indicated", or"indicated" mean "as indicated on the Plans".
• Certain Subsections labeled"Payment"contain statements to the effect that"payment will be made
at the Contract unit price, per unit of measurement, amounts for the following items" (followed by a
list of items). In such cases, the Agency will pay for only those Pay Items listed in the Schedule of
Items.
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(b) Capitalization of Terms-Capitalized terms, other than titles, abbreviations, and grammatical usage,
indicate that they have been given a defined meaning in the Standard Specifications. Refer to Section
00110.20"Definitions". Defined terms will always be capitalized in Part 00100; in Parts 00200 through 03000,
defined terms will generally not be capitalized, with the notable exception of"the Contractor", "the Agency",
and "the Engineer".
(c) Punctuation- In this publication the "outside method" of punctuation is employed for placement of the
comma and the period with respect to quotation marks. Only punctuation that is part of the quoted matter is
placed within quotation marks.
(d) References to Laws, Acts, Regulations, Rules, Ordinances, Statutes, Orders, and
Permits-References are made in the text of the Specifications to "laws", "acts", "rules", "statutes",
"regulations", "ordinances", etc. (collectively referred to for purposes of this Subsection as "Law"), and to
"orders" and "permits" (issued by a governmental authority, whether local, State, or federal, and collectively
referred to for purposes of this Subsection as "Permits"). Reference is also made to "applicable laws and
regulations". The following conventions apply in interpreting these terms, as used in the Specifications.
• Statutes and Rules-Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR)
referenced in the Specifications are accessible on line, including through the Oregon Legislative Counsel
Committee web site and through the Oregon Secretary of State Archives Division web site.
• Law- In each case, unless otherwise expressly stated therein, the Law is to be understood to be the
current version in effect. This also applies where a specific Law is referenced or cited,regardless of whether
the text of the Law has been included in the Specifications or not, and regardless of whether the text of the
Law has been summarized or paraphrased. In each case,the current version of the Law is applicable under
any Contract. The reader is therefore cautioned to check the actual text of the Law to confirm that the text
included in the Specifications has not been modified or superseded.
• Permits—Orders and Permits issued by a Government agency may be modified during the course of
performing the Work under a Contract. Therefore, wherever the term "Order" or "Permit" is used in the
Specifications, it is intended to refer to the then-current version. That version may be embodied in a
modified,superseding order or permit,or it may consist of all terms and conditions of prior orders or permits
that have not been superseded, as well as the additional terms added by amendment or supplement. In
certain cases, the orders and/or permits are identified by name in the Specifications; in other cases, the
terms are used in the generic sense. The reader is cautioned to check the text(s)of each order and permit
identified either by name or by generic reference.
Applicable Laws and Regulations- Where phrases such as "applicable law," "applicable laws and
regulations,""applicable legal requirements,"or similar language appear,they shall be understood to include
all applicable laws, acts, regulations, administrative rules, ordinances, statutes, orders, and permits issued
by any governmental or regulatory authority. The words "law"and "laws" may or may not be capitalized in
such phrases.
(e) Reference to Websites- For Specifications that reference this Subsection, the Agency will identify the
website addresses in the Special Provisions.
Abbreviations
00110.10 Abbreviations - Following are meanings of abbreviations used in the Standard Specifications, in
the Special Provisions, on the Plans, and in other Contract Documents. Other abbreviations and meanings
of abbreviations may be used in the individual Sections of the Standard Specifications to which they apply, in
the Special Provisions,and in OAR 731-005 and OAR 731-007.
AAR - Association of American Railroads
AASHTO - American Association of State Highway and Transportation Officials
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ABC - Associated Builders and Contractors, Inc.
AC - Asphalt Concrete
ACI - American Concrete Institute
ACP - Asphalt Concrete Pavement
ACWS - Asphalt Concrete Wearing Surface
ADA - Americans with Disabilities Act
ADT - Average Daily Traffic
AGC - Associated General Contractors of America
AIA - American Institute of Architects
AISC - American Institute of Steel Construction
AISI - American Iron and Steel Institute
AITC - American Institute of Timber Construction
ANSI - American National Standards Institute
APA - Engineered Wood Association
APWA - American Public Works Association
AREMA - American Railway Engineering and Maintenance of Right-of-Way Association
ASCE - American Society of Civil Engineers
ASME - American Society of Mechanical Engineers
ASTM - American Society for Testing and Materials
ATPB - Asphalt Treated Permeable Base
ASTV - Actual Strength Test Value
AWG - American Wire Gauge
AWPA - American Wood Protection Association
AWS - American Welding Society
AWWA - American Water Works Association
CAgT - Certified Aggregate Technician
CAT-I - Certified Asphalt Technician I
CAT-II - Certified Asphalt Technician II
CBM - Certified Ballast Manufacturers
CCO - Contract Change Order
CCT - Concrete Control Technician
CDT - Certified Density Technician
CEBT - Certified Embankment and Base Technician
CFR - Code of Federal Regulations
CLSM - Controlled Low-Strength Materials
CIPP - Cured In Place Pipe
CMDT - Certified Mixture Design Technician
COBID Certification Office of Business Inclusion and Diversity
CPF - Composite Pay Factor
CRSI - Concrete Reinforcing Steel Institute
CFR - Code of Federal Regulations
CS - Commercial Standard, Commodity Standards Division, U.S. Department of Commerce
CSTT - Concrete Strength Testing Technician
D1.1 - Structural Welding Code-Steel,American Welding Society,current edition
D1.5 - Bridge Welding Code,American Welding Society, current edition
DBE - Disadvantaged Business Enterprise
DEQ - Department of Environmental Quality, State of Oregon
DOGAMI - Department of Geology and Mineral Industries, State of Oregon
DSL - Department of State Lands, State of Oregon
EAC - Emulsified Asphalt Concrete
EPA - U.S. Environmental Protection Agency
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ESCP - Erosion and Sediment Control Plan
FHWA - Federal Highway Administration, U.S. Department of Transportation
FSS - Federal Specifications and Standards, General Services Administration
GSA - General Services Administration
HDPE - High Density Polyethylene
ICEA - Insulated Cable Engineers Association (formerly IPCEA)
IES - Illuminating Engineering Society
IMSA - International Municipal Signal Association
ISO - International Standards Organization
ISSA - International Slurry Surfacing Association
ITE - Institute of Transportation Engineers
JMF - Job Mix Formula
MFTP - Manual of Field Test Procedures (ODOT)
MIL - Military Specifications
MSC - Minor Structure Concrete
MUTCD - Manual on Uniform Traffic Control Devices for Streets and Highways, FHWA, U.S.
Department of Transportation
NEC - National Electrical Code
NEMA - National Electrical Manufacturer's Association
NESC - National Electrical Safety Code
NIST - National Institute of Standards and Technology
NPDES - National Pollutant Discharge Elimination System
NPS - Nominal Pipe Size(dimensionless)
OAR - Oregon Administrative Rules
ODA - Oregon Department of Agriculture
ODOT - Oregon Department of Transportation
ORS - Oregon Revised Statutes
OR-OSHA - Oregon Occupational Safety and Health Division of the Department of Consumer and
Business Services
OSHA - Occupational Safety and Health Administration, U.S. Department of Labor
OSSC - Oregon Standard Specifications for Construction,2024 Edition
PCA - Portland Cement Association
PCC - Portland Cement Concrete
PCI - Precast/Prestressed Concrete Institute
PCP - Pollution Control Plan
PF - Pay Factor of a constituent
PLS - Professional Land Surveyor
PMBB - Plant Mixed Bituminous Base
PROWAG - Public Rights-of-Way Access Guidelines
PTI - Post-Tensioning Institute
PUC - Public Utility Commission, State of Oregon
PVC - Polyvinyl Chloride
QA - Quality Assurance
QC - Quality Control
QCT - Quality Control Technician
QL - Quality Level
QPL - Qualified Products List
RAP - Reclaimed Asphalt Pavement
REA - Rural Electrification Administration, U.S. Department of Agriculture
RMA - Radio Manufacturers Association or Rubber Manufacturers Association
SAE - Society of Automotive Engineers
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SI - International System of Units(Systeme Internationale)
SRCM - Soil and Rock Classification Manual (ODOT)
SSPC - Society for Protective Coatings
T - Tolerances,AASHTO Test Method
TCD - Traffic Control Devices
TCP - Traffic Control Plan
TCM - Traffic Control Measures
TM - Test Method (ODOT)
TPAR - Temporary Pedestrian Accessible Route
TV - Target Value
UBC - Uniform Building Code (as adopted by the State of Oregon)
UL - Underwriters Laboratory, Inc.
UPC - Uniform Plumbing Code (as adopted by the State of Oregon)
USC - United States Code
WAQTC - Western Alliance for Quality Transportation Construction
WCLIB - West Coast Lumber Inspection Bureau
WWPA - Western Wood Products Association
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Definitions
00110.20 Definitions- Following are definitions of words and phrases used in the Standard Specifications,
in the Special Provisions, on the Plans, and in other Contract Documents. Other definitions may be in the
individual Sections of the Standard Specifications to which they apply, in the Special Provisions, and in
OAR 731-005 and OAR 731-007.
3D Engineered Model-The Agency-prepared electronic file(s)that identify northing, easting, and elevation
to represent the Work to be performed. The 3D Engineered Model may include the surface model(s)or other
designed Work elements and is an electronic representation of the line, grade, and Cross Section applicable
to the Project.
3D Construction Model-Supplemental unstamped 3D model, not furnished by the Agency, that the
Contractor is required to submit to the Engineer.
Act of God or Nature-A natural phenomenon of such catastrophic proportions or intensity as would
reasonably prevent performance.
Actual Strength Test Value(ASTV)-The ASTV at 28 Days is the average compressive strength of the three
cylinders tested. All specimens that show definite evidence, other than low strength, of improper sampling,
molding, handling,curing,or testing shall be discarded. The average strength of the remaining cylinders shall
then be considered the test result.
Addendum -A written or graphic modification, issued before the opening of Bids, which revises, adds to, or
deletes information in the Solicitation Documents or previously issued Addenda.
Additional Work- Increased quantities of any Pay Item, within the scope of the Contract, for which a unit
price has been established.
Advertisement-The public announcement (Notice to Contractors, Invitation for Bids or Advertisement for
Bids)inviting Bids for Work to be performed or Materials to be furnished.
Agency(Owner)-The City of Lake Oswego, a municipal corporation of the State of Oregon, Lake Oswego
Redevelopment Agency(LORA), or as applicable,which has entered into a Contract with the Contractor.
Agency-Controlled Lands-Lands owned by the Agency, or controlled by the Agency under lease or
agreement, or under the jurisdiction and control of the Agency for the purposes of the Contract.
Aggregate- Rock of specified quality and gradation.
Attorney-in -Fact-An Entity appointed by another to act in its place, either for some particular purpose, or
for the transaction of business in general.
Award -Written notification to the Bidder that the Bidder has been awarded a Contract.
Base-A Course of specified material of specified thickness placed below the Pavement.
Bid-A competitive offer, binding on the Bidder and submitted in response to an invitation to bid.
Bid Bond -The Surety bond for Bid guarantee.
Bid Booklet-The bound paper version information included in the Solicitation Documents, or the electronic
version that is available to be downloaded from the Agency's website that contain the information identified in
00120.10, (see 00110.05(e))
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Bid Closing-The date and time after which Bids, Bid modifications, and Bid withdrawals will no longer be
accepted.
Bid Documents-See under Solicitation Documents.
Bid Opening-The date and time Bids are opened.
Bid Schedule-The list of Pay Items,their units of measurement,and estimated quantities. (When a Contract
is awarded,the Bid Schedule becomes the Schedule of Items.)
Bid Section-The portion of the Bid Booklet containing all pages after the Bidder's checklist and before the
appendix.
Bidder-An Entity that submits a Bid in response to an invitation to bid.
Bike Lane-A lane in the Traveled Way, designated by striping and Pavement markings for the preferential
or exclusive use of bicyclists.
Borrow- Material lying outside of planned or required Roadbed excavation used to complete Project
earthwork.
Boulders-Particles of rock that will not pass a 12-inch square opening.
Bridge-A single or multiple span Structure, including supports, that carries motorized and non-motorized
vehicles, pedestrians,or utilities on a Roadway,walk,or track over a watercourse, highway, railroad,or other
feature.
Buttress-A rock fill placed at the toe of a landslide or potential landslide in order to resist slide movement.
Calendar Day-Any day shown on the calendar, beginning and ending at midnight.
Camber-A slight arch in a surface or Structure to compensate for loading.
Change Order-A written order issued by the Engineer to the Contractor modifying Work required by the
Contract,or adding Work within the scope of the Contract,and,if applicable,establishing the basis of payment
for the modified Work, or otherwise modifying the Contract.
Changed Work-Work included in a Pay Item and within the scope of the Contract that is different from that
reflected in the Contract Documents. (see 00140.30)
Class of Project-A designation based on a Project's funding source, (i.e., State or Federal-Aid).
Class of Work-A designation referring to the type of Work in which Bidders must be pre-qualified, if
prequalification is required.
Clay-Soil passing a No. 200 sieve that can be made to exhibit plasticity(putty-like properties)within a range
of water contents.
Clear Zone- The roadside area,beginning at the edge of the traveled way,available for the safe use of errant
vehicles. This area may include a shoulder, recoverable or non-recoverable slopes, and/or a clear run-out
area. Rigid objects and other hazards within the clear zone shall be relocated,shielded,or designed to break
away to ensure safe traversability.
Close Conformance-Where working tolerances are given on the Plans or in the Specifications, Close
Conformance means compliance with those tolerances. Where working tolerances are not given, Close
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Conformance means compliance, in the Engineer's judgment,with reasonable and customary manufacturing
and construction tolerances.
Coarse Aggregate-Crushed Rock or crushed Gravel retained on a 1/4 inch sieve,with allowable undersize.
Cobbles- Particles of Rock, rounded or not, that will pass a 12 inch square opening and be retained on a
3-inch sieve.
Commercial Grade Concrete-Concrete furnished according to Contractor proportioning, placed in minor
Structures and finished as specified.
Conduct Disqualification—A disqualification under ORS 279C.440.
Contract (Agreement)-The written agreement between the Agency and the Contractor, including without
limitation all Contract Documents,describing the Work to be completed and defining the rights and obligations
of the Agency and the Contractor.
Contract Amount (Contract Price)-Sum of the Pay Item amounts computed by multiplying the Pay Item
quantities by the unit prices in the Schedule of Items.
Contract Day-A day counted for purposes of charging Contract Time.
Contract Documents-Solicitation Documents,Specifications, Plans,Standard and Supplemental Drawings,
Contract Booklet Agency's Contract booklet, Change Orders, Force Account Work orders, pay documents
issued by the Agency, Materials certifications, Project Work schedules, final estimate, written orders and
authorizations issued by the Agency,Material source development and reclamation plans,and permits,orders
and authorizations obtained by the Contractor or Agency applicable to the Project, as well as all documents
incorporated by reference therein.
Contract Time-The amount of time allowed to complete the Work under the Contract.
Contractor-The Entity awarded the Contract according to the solicitation.
Correction Period -Period from Third Notification to Final Acceptance as per subsection 00170.85(b).
Course-A specified Surfacing Material placed in one or more Lifts to a specified thickness.
Coverage-One Pass by a piece of Equipment over an entire designated area.
Cross Section-The exact image formed by a plane cutting through an object, usually at right angles to a
central axis, to determine area.
Day-A Calendar Day including weekdays,weekends, and holidays, unless otherwise specified.
Defective-An adjective which when modifying the word"Work"refers to work that: (1)is unsatisfactory,faulty
or deficient; (2) does not conform to the Contract Documents; (3) does not meet the requirements of any
inspection, test for approval referred to in the Contract Documents; or (4) has been damaged prior to
Engineer's issuance of Third Notification (Final Completion).
Design Engineer—The individual or entity named in the Special Provisions who designed part or all of the
Project and who, by contract, has been assigned duties and responsibilities to assist Agency and Project
Manager in administration of the Contract.
Digital Signature:A form of electronic signature that is registered with a certification authority, e.g.,VeriSign
or similar digital signature software company, which requires a password to be entered in order to generate
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the digital signature upon the electronic document. Once the digital signature is applied, any alteration of the
document results in the elimination of the digital signature on the document.
Disqualification—The preclusion of a Person from contracting with a Contracting Agency fora period of time
in accordance with OAR 137-049-0370.
Durable Rock- Rock that has a slake durability index of at least 90% based on a two-cycle slake durability
test, according to ASTM D4644. In the absence of test results, the Engineer may evaluate the durability
visually.
Emulsified Asphalt-Emulsified asphalt cement.
Emulsified Asphalt Concrete-A mixture of Emulsified Asphalt and graded Aggregate.
Engineer(Project Manager)- See Project Manager.
Entity-A natural person capable of being legally bound, sole proprietorship, limited liability company,
corporation, partnership, limited liability partnership, limited partnership, for-profit or nonprofit unincorporated
association, business trust, two or more persons having a joint or common economic interest, or any other
person with legal capacity to contract, or a government or governmental subdivision.
Equipment-All machinery, tools, manufactured products, and fabricated items needed to complete the
Contract or specified for incorporation into the Work.
Establishment Period -The time specified to assure satisfactory establishment and growth of planted
Materials.
Existing Surfacing- Pavements,slabs,curbs, gutters,walks,driveways, and similar constructions of bricks,
blocks, Portland cement concrete, bituminous treated materials, and granular surfacing materials on existing
Highways.
Extra Work-Work not included in the Contract, but deemed by the Engineer to be necessary to complete the
Project.
Field Order—A written order issued by the Engineer which requires minor changes in the Work but which
may not involve a change in the Contract Amount or the Contract Times.
Final Acceptance-Written confirmation by the Agency that the Project has been completed according to the
Contract including all corrective work identified by the Agency during the Correction Period,with the exception
of latent defects and Warranty obligations, if any, and has been accepted.
Final Inspection-The inspection conducted by the Engineer to determine that the Project has been
completed according to the Contract.
Fine Aggregate-Crushed Rock, crushed Gravel, or Sand that passes a 1/4 inch sieve, with allowable
oversize.
First Notification-Written Notice to Proceed issued to the Contractor by the Engineer.
Force Account Work- Items of Extra Work ordered by the Engineer that are to be paid according to Section
00197.
Foreign Contractor—A Contractor that is not domiciled in or registered to do business in the State of Oregon.
See OAR 137-049-0480.
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Granular Material-Graded and selected free-draining material composed of particles of Rock, Sand, and
Gravel.
Gravel- Particles of Rock, rounded or not,that will pass a 3 inch sieve and be retained on a No. 4 sieve.
Highway- Every road, street,thoroughfare and place, including bridges,viaducts and other structures within
the boundaries of the State, open, used or intended for use by vehicular traffic.
Incidental-A term identifying those acts, services, transactions, property, Equipment, labor, Materials, or
other items for which the Agency will make no separate or additional payment.
Inspector-The representative of the Engineer authorized to inspect and report on Contract performance.
Leveling- Placing a variable-thickness Course of Materials to restore horizontal and vertical uniformity to
existing Pavements, normally continuous throughout the Project.
Lift-The compacted thickness of material placed by Equipment in a single Pass.
Local Contracting Review Board—The governing council or board of the Agency.
Mandatory Source-A material source provided by the Agency from which the Contractor is required to obtain
Materials. (see 00160.00(b)and 00160.40)
Materials-Any natural or manmade substance specified for use in the construction of the Project or for
incorporation into the Work.
Median-The portion of a divided Highway separating traffic traveling in opposite directions.
Milestone - A principal event or activity specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
Multiple Course Construction -Two or more Courses, exclusive of Patching or Leveling, placed over the
entire Roadway width.
Multi-Use Path-That portion of the Highway Right-of-Way or a separate Right-of-Way, physically separated
from motor vehicle traffic and designated for use by pedestrians, bicyclists and other non-motorized users.
Neat Line-Theoretical lines specified or indicated on the Plans for measurement of quantities.
Nondurable Rock- Rock that has a slake durability index of less than 90% based on a two-cycle slake
durability test, as tested by ASTM D4644, or Rock that is observed to readily degrade by air, water, and
mechanical influence.
Notice to Contractors-The public announcement inviting Bids for Work to be performed or Materials to be
provided.
Notice to Proceed-Written notice authorizing the Contractor to begin performance of the Work.
On-Site Work-Any Work taking place on the Project Site, including designated staging areas adjacent to the
Project Site, except for installation of covered temporary signs according to Section 00222
Organic Soil-A Soil with sufficient organic content to influence the Soil properties.
Panel-The width of specified Material being placed by Equipment in a single Pass.
Pass-One movement of a piece of Equipment over a particular location.
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Patching-Placing a variable-thickness Course of Materials to correct sags,dips,and/or bumps to the existing
grade and Cross Section, normally intermittent throughout the Project.
Pavement-Asphalt concrete or Portland cement concrete placed for the use of motor vehicles, bicycles, or
pedestrians on Roadways, Shoulders, Multi-Use Paths and parking areas.
Pay Item (Contract Item)-A specific unit of Work for which a price is provided in the Contract.
Payment Bond-The approved security furnished by the Contractor's Surety as a guaranty of the Contractor's
performance of its obligation to pay promptly in full all sums due for Materials, Equipment,and labor furnished
to complete the Work.
Peat-A Soil composed primarily of vegetative matter in various stages of decomposition, usually with an
organic odor, dark brown to black color, and a spongy consistency.
Performance Bond-The approved security furnished by the Contractor's Surety as a guaranty of the
Contractor's performance of the Contract.
Plans (Drawings)-Standard and Supplemental Drawings, and reviewed unstamped and stamped Shop
Drawings and Deferred Submittals. (see 00150.10 and 00150.35)
Project-The sum of all Work to be performed under the Contract.
Project Manager (Engineer)-The Agency's representative assigned by the Agency to administer the
Contract and who assumes the responsibilities, duties and authorities of the Project Manager(Engineer)as
indicated throughout the Contract Documents.
Project Site-The geographical dimensions of the real property on which the Work is to be performed,
including designated contiguous staging areas.
Prospective Source-A Material source provided by the Agency, from which the Contractor has the option
of obtaining Materials. (see 00160.00(a)and 00160.40)
Publicly-Owned Equipment- Equipment acquired by a state, county, municipality or political subdivision
primarily for use in its own operations.
Public Traffic-Vehicular or pedestrian movement, not associated with the Contract Work, on a public way.
Quality Assurance Program-A program included in section 2 of the MFTP defined as planned and
systematic actions necessary to provide confidence that a product or service will satisfy given requirements
for quality.
Railroad- Publicly or privately owned rail carriers, including passenger, freight, and commuter rail carriers,
their tenants, and licensees. Also, Utilities that jointly own or use such facilities.
Right-of-Way- Land, property,or property interest, usually in a strip,acquired for or devoted to transportation
or other public works purposes.
Roadbed -Completed excavations and embankments for the Subgrade, including ditches, side slopes, and
slope rounding, if any.
Roadside-The area between the outside edges of the Shoulders and the Right-of-Way boundaries.
Unpaved median areas between inside Shoulders of divided Highways and infield areas of interchanges are
included.
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Roadway-That portion of a Highway improved,designed, or ordinarily used for vehicular travel, exclusive of
the berm or Shoulder. If a Highway includes two or more separate Roadways, the term "Roadway" refers to
any such Roadway separately, but not to all such Roadways collectively. (see Traveled Way)
Rock-Natural deposit of solid material composed of one or more minerals occurring in large masses or
fragments.
Sand-Particles of Rock that will pass a No. 4 sieve and be retained on a No. 200 sieve.
Schedule of Items-The list of Pay Items,their units of measurement, estimated quantities, and prices.
Schedule of Values-The breakdown of the values of the component elements comprising a lump sum Pay
Item.
Second Notification -Written acknowledgment by the Engineer of Substantial Completion of a Milestone or
of the Work according to 00180.50(g).
Shoulder-The part of a Roadbed contiguous to the Traveled Way or Roadway, whether paved or unpaved,
for accommodating stopped vehicles,for emergency use and for lateral support of Base and surface Courses.
Silt-Soil passing a No. 200 sieve that is nonplastic or exhibits very low plasticity.
Single Course Construction-A wearing Course only, not including patching or leveling Courses or partial
width Base Course.
Slope-Vertical distance to horizontal distance, unless otherwise specified.
Soil -Accumulations of particles produced by the disintegration of Rock, which sometimes contains organic
matter. Particles may vary in size from Clay to Boulders.
Solicitation Documents- Documents which define the procurement of a public improvement Project,
including, but not limited to, the Bid Booklet, Contract Booklet, Agency-provided Plans, Standard
Specifications, Special Provisions, Addenda, and which includes all documents incorporated by reference.
May also be called Bid Documents.
Special Provisions-The special directions, provisions, and requirements specific to a Project that
supplement or modify the Standard Specifications. Permits and orders governing the Project that are issued
directly to the Agency by a governmental or regulatory authority are considered to be part of the Special
Provisions, to the extent and under the conditions stipulated in the Special Provisions. This includes any
amended or supplemental permits or orders issued during the performance of the Work under the Contract.
Special Services-Services that the Contractor and Engineer agree cannot be satisfactorily performed by the
Contractor's or Subcontractors'forces (e.g., fabrication or machining work that is most effectively performed
off-site, or rental of operated Equipment as defined in 00180.20(c)).
Specifications-The Standard Specifications and Special Provisions, together with all provisions of other
documents incorporated therein by reference.
Standard Drawings-The Agency-prepared detailed drawings for Work or methods of construction that
normally do not change from project to project.
Standard Specifications—The"General Conditions for Construction for the City of Lake Oswego"published
by the Agency, and the"2024 Oregon Standard Specifications for Construction", Parts 00200 through 03000,
"Technical Specifications", published by the Oregon Department of Transportation as amended by the
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Agency. It provides directions, provisions, and requirements necessary for performing public improvement
projects.
State-The State of Oregon.
Structures-Bridges, retaining walls, endwalls, cribbing, buildings, culverts, manholes, catch basins, drop
inlets, sewers, service pipes, underdrains, foundation drains, and other similar features which may be
encountered in the Work.
Subbase-A Course of specified material of specified thickness between the Subgrade and a Base.
Subcontractor-An Entity having a direct contract with the Contractor or another Subcontractor, at any tier,
to perform a portion of the Work.
Subgrade-The top surface of completed earthwork on which Subbase, Base, Surfacing, Pavement, or a
Course of other Material is to be placed.
Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the
point where, in the opinion of the Engineer, the Work (or specified part thereof) is sufficiently complete, in
accordance with the Contract Documents,so that the Work(or a specified part thereof)can be utilized for the
purposes for which it is intended.
Substructure-Those parts of a Structure which support the Superstructure, including bents, piers,
abutments,and integrally built wingwalls, up to the surfaces on which bearing devices rest. Substructure also
includes portions above bearing surfaces when those portions are built integrally with a Substructure unit(e.g.,
backwalls of abutments). When Substructure and Superstructure elements are built integrally, the division
between Substructure and Superstructure is considered to be at the bottom soffit of the longitudinal or
transverse beam,whichever is lower. Culverts and rigid frames are considered to be entirely Substructure.
Superstructure-Those parts of a Structure above the Substructure, including bearing devices.
Supplemental Drawings-The Agency-prepared detailed drawings for Work or methods of construction that
are Project specific, and are denoted by title in the Project title block.
Supplier-The Entity that furnishes goods to be incorporated into the Work.
Surety-The Entity that issues the bond.
Surfacing-The course or courses of material placed on the traveled way, auxiliary lanes, shoulders, or
parking areas for pedestrian, bicycle, or vehicular use.
Temporary Pedestrian Accessible Route (TPAR)-An area within a Work Zone, marked by signing,
delineation and TCD, for the use of pedestrians to navigate through or around the work area. The TPAR is
included as part of the Traffic Control Plan.
Temporary Pedestrian Accessible Route Plan-A written and drawn plan within the TCP that identifies
requirements for providing safe, effective and accessible routes for pedestrians through or around the Work
Zone including TPAR details,advance public notification;and, construction and maintenance responsibilities.
Third Notification -Written acknowledgment by the Engineer,subject to Final Acceptance,that as of the date
of the notification the Contractor has achieved Final Completion of the Project according to the Contract,
including without limitation completion of all minor corrective work, Equipment and plant removal, site clean-
up, and submittal of all certifications, bills,forms and documents required under the Contract.
Ton -One short ton of 2,000 pounds (Ton,ton,Tn, or T).
Topsoil-Soil ready for use in a planting bed.
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Traffic Control Devices (TCD)-Signs, signals, markings, and other devices placed on, over, or adjacent to
a Roadway used to regulate, warn, or guide Public Traffic by authority of a public body or official having
jurisdiction.
Traffic Control Measures- Elements of the TCP including, but not limited to,TCD, personnel, Materials and
Equipment used to control Public Traffic through a Work Zone.
Traffic Control Plan(TCP)-A written and drawn plan for providing the safe and efficient movement of Public
Traffic through or around a Work Zone, while providing protection for workers, incident responders, and
Equipment.
Traffic Lane-That part of the Traveled Way marked for moving a single line of vehicles.
Traveled Way-That part of the Highway for moving vehicles, exclusive of berms and Shoulders.
Typical Section -That Cross Section established by the Plans or the 3D Engineered Model which represents
in general the lines to which the Contractor shall work in the performance of the Contract.
Unsuitable Material- Frozen material, or material that contains organic matter, muck, humus, peat, sticks,
debris,chemicals, toxic matter, or other deleterious materials not normally suitable for use in earthwork.
Utility-A line,facility,or system for producing,transmitting,or distributing communications,power,electricity,
heat, gas, oil, water, steam, waste, stormwater not connected with highway drainage, or any other similar
commodity which directly or indirectly serves the public. The term may also mean the utility company,district,
or cooperative owning and operating such facilities, including any wholly-owned or controlled subsidiary.
Warranty Bond-The approved security furnished by the Contractor's, Subcontractor's, Manufacturer's,
Installer's or Supplier's Surety as a guaranty of performance of their respective warranty obligations.
Wetlands-Areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, vegetation typically adapted to saturated soil
conditions.Wetlands generally include swamps, marshes, bogs, and similar areas.
Work-The furnishing of all Materials, Equipment, labor, and Incidentals necessary to successfully complete
any individual Pay Item or the entire Contract, and the discharge of duties and obligations imposed by the
Contract.
Work Zone-An area within Highway construction, maintenance,or Utility Work activities which extends from
the first road Work, Bridge Work, or Utility Work warning sign to the last sign or the last TCD.
Work Change Directive—A written statement to Contractor issued on or after the Date of the Agreement and
signed by Agency and recommended by the Engineer ordering an addition, deletion, or revision in the Work,
or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive will not change the Contract Amount or the Contract
Times but is evidence that the parties expect the change ordered or documented by a Work Change Directive
will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its
effect, if any, on the Contract Amount or Contract Times.
Work Day- Every Calendar day excluding Saturdays, Sundays and legal holidays as listed in ORS187.010.
Worker-Any person performing work under the contract, including employees of the Contractor or
subcontractor,and persons having full or partial ownership of the Contractor or subcontractor. (This definition
is not intended to nor does it alter the definition or meaning of the term "worker" as used in any applicable
laws or regulations, including but not limited to for purposes of paying prevailing wage rates.)
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Working(Shop)Drawings-Supplemental Plans,not furnished by the Agency,that the Contractor is required
to submit to the Engineer. (see 00150.35)
Workplace Violence-Any act of physical, verbal or written aggression by an individual in or related to the
work place and/or project sites. This includes, but is not limited to, verbal abuse, threats or intimidation and
physical intimidation, assault or battery by a worker or former worker. Work place violence may also include
destruction or abuse of property.
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Section 00120-Bidding Requirements and Procedures
00120.01 Receipt of Bids; Opening —See Special Provisions
00120.02 Prequalification of Bidders—See Special Provisions.
00120.03 Request for Solicitation Documents—Special Provisions.
00120.04 Pre-Bid Meeting—See Special Provisions.
00120.10 Bid Booklet-The Bid Booklet may include, but is not limited to:
• Invitation for Bids
• Bidder's checklist
• Bid Section
• Appendix, which includes required time-sensitive forms, DBE information, sample forms, and other
informational pages
The Bid Section includes all pages after the Bidder's checklist and before the appendix. The Bid Section may
include, but is not limited to:
• Description and location of the proposed Project
• Time, date, and location for opening Bids
• Project completion time
• Class of Project(i.e., Federal-Aid or State)
• Class of Work
• Bid statement
• Certificate of non-collusion
• Certificate of Nondiscrimination
• Certificate of noninvolvement in any debarment or suspension (for Federal-Aid Projects)
• Certificate regarding lobbying activities(for Federal-Aid Projects)
• Certificate of residency(for State Projects)
• Certificate of compliance with Oregon tax laws
• Bid Schedule
• Acknowledgement of Addenda
• Identification of Bidder(s)and Sureties
• Limiting statements(See 00120.50.)
• Bid signature page
• Bid Bond form
• First-tier Subcontractor Disclosure form
• Good Faith Effort Equity Contracting Program
o GFE Form 1 —Subcontractor and Self-Perform List
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o GFE Form 2—Contract and Bids Received Log (the Bidder shall, within two working hours
of the time Bids are due to be submitted, submit to the Agency if not submitted with bid
package.)
o GFE Form 3—Monthly or Periodic Subcontractor Payment and Utilization Report
Depending on the Class of Project, other certificates or statements may be included within the Bid Section.
Plans, Specifications,and other documents referred to in the Bid Section will be considered part of the Bid.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered - Before submitting a Bid, Bidders shall make a careful visual examination of the site of the
proposed Work, the Bid Booklet, Plans, and Specifications. Bidders shall also contact utility owners to verify
all utilities' anticipated involvement on the Project Site. Bidders are further encouraged to review any
subsurface investigation materials referenced in 00120.25 that may be available and to conduct additional
investigations of any unusual conditions apparent during the visual site examination. As soon as reasonably
practicable after noting any such unusual condition, Bidder shall notify Agency, in writing,of any such unusual
condition and the additional investigation undertaken by Bidder. Submission of a Bid will constitute
confirmation that the Bidder has examined the Project Site and Solicitation Documents, finds the Plans and
Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the Work, and
understands the conditions to be encountered in performing the Work and all requirements of the Contract.
The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's failure
to fully examine the site and become fully informed about all conditions of the Work, or failure to request
clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
Any requests for clarification of or changes to the Plans and Specifications required by the Bidder shall be
requested in writing via e-mail through the Engineer at least seven (7) days prior to bid opening. Requests
concerning erroneous or incomplete Plans or Specifications shall also be made in sufficient time for the
Agency's response to reach all registered Bidders before submission to the Engineer. The Agency will make
any necessary modifications and issue Addenda to Bidders prior to Bid Closing. Unless the procurement
period is shorter than one week, notifications and requests for changes or clarification shall be submitted at
least ten Days prior to the date of Bid Closing. The Agency will respond to each request at least 72 hours
prior to the date of Bid Closing. If the Procurement period is less than seven Days,requests shall be submitted
within one Day after the Procurement is issued and the Agency will issue its response to each such request
at least 24 hours prior to Bid Closing. Failure to timely request clarifications or changes shall be deemed
acceptance of all of the terms and conditions of the Procurement. Oral explanations or interpretations given
before receiving Bids for a Project will not be binding. To be binding, interpretation of the Plans and
Specifications by the Agency must be made by written Addendum furnished to all Holders of Bidding Plans
according to 00120.30.
Bidder protests to the Specifications or Contract terms and conditions shall be submitted in accordance with
the Lake Oswego Public Contracting Rules.
The time specified for submission of protests of Specifications or Contract terms and conditions specified in
OAR 137-049-0260(3)(a)is changed to seven days.
00120.16 Material,Equipment,and Method Substitutions- When the Contract specifies certain Materials,
Equipment, Products, and/or Methods, the Bidder shall include those specified items in the Bid unless the
Engineer has issued an Addendum granting approval for substitution. Unless the Engineer has approved
substitutions prior to Bid Opening, the Bidder shall furnish the items specified in the Contract. Substitution
after Contract Award is addressed in 00180.31(b), 00180.31(c), and 00180.31(d). The procedure for
requesting approval is as follows:
(a)Written Request—Unless exempt under ORS 279C.345, if a Bidder proposes to use Materials,
Equipment, Products, and/or Methods other than those specified,the Bidder shall submit a written request to
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the Engineer at least seven (7)calendar days prior to Bid Opening. The request shall include complete
descriptive and technical information on the proposed substitution.
(b) Functional Similarity—Proposed Materials, Products, and Equipment shall be similar in design, and
equal or superior in quality and function to those specified.
(c) Manufacturer's Information—If manufacturers' brochures or other information are required, the Bidder
shall submit three(3)copies of each,with all pertinent information clearly marked.
(d) Differences—The Bidder shall specifically identify all differences between the specified Materials,
Equipment, Products, and/or Methods and the proposed substitutions.
(e)Cost—If a proposed substitution requires alterations to the design, space requirements, or any other
modifications to the Plans,the Bidder shall include in the request all associated costs for the revised design
and construction.
(f) Notification of Holders of Bidding Plans—If the Engineer approves a proposed substitution,such
approval and any modifications necessitated by the substitution shall be issued to all Bidders by Addendum.
00120.17 Use of Agency-Owned Land for Staging or Storage Areas
The Contractor may use Agency-owned property for staging or storage areas, subject to the following
limitations:
(a) Within Normal Right-of-Way Limits- If approved by the Engineer, the Contractor may use available
property within the normal Right-of-Way limits for the purpose of constructing improvements under the
Contract as long as such use does not unduly impede other legitimate users of the Right-of-Way or adjacent
properties. Where the Agency owns, or has rights to, other adjacent properties in the Project area, "normal
Right-of-Way" is limited to a line drawn across that property connecting the normal Right-of-Way limits on
either side of the property.
(b) Outside Normal Right-of-Way Limits-The Contractor may not use Agency-owned property outside of
normal Right-of-Way limits for the Project without the approval of the Engineer.
If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the Contractor,
or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum.
If approval is not obtained before submitting a Bid,and the Contractor proposes to use Agency-owned property
outside the normal Right-of-Way limits, then use of the property may be approved by the Engineer, but the
Contractor will be assessed fair market value, as determined by the Engineer,for use of the property.
(c) Restrictions on Use-Contractors shall comply with all applicable laws, ordinances, and regulations
pertaining to use of Agency-owned property, and shall:
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by,or resulting from, Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule-Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The Agency does not warrant that the actual
individual items,amount of Work, or quantities will correspond to those shown in the Bid Schedule. Payment
to the Contractor will be made only for actual quantities of Work performed and accepted or Materials furnished
and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be furnished
may each be increased, decreased, or omitted as provided in 00120.30 and 00140.30.
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00120.25 Subsurface Investigations - If the Agency has conducted subsurface or geologic investigations
of the proposed Project Site or contiguous to the Project Site,the results of the investigations may be included
in written geotechnical data reports. If geotechnical data reports have been prepared, such reports shall be
included in the Solicitation Documents(see Special Provisions)and shall be considered as part of the Contract
Documents to the extent that the Contractor may reasonably rely upon the accuracy of the technical data
contained in such reports. If the Agency has retained subsurface samples, they will also be available for
inspection. Bidders and the Contractor may make arrangements for viewing the samples through the
Engineer's office.
The availability of subsurface information from the Agency is solely for the convenience of the Bidder and shall
not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required
by 00120.15,or other responsibility under the Contract Documents. It is mutually agreed to by all parties that:
• The written report(s)are reference documents and not part of the Contract Documents.
• The subsurface investigations made by the Agency are for the purpose of obtaining data for planning
and design of the Project.
• The data for individual test boring logs apply only to that particular boring and is not intended to be
conclusive as to the character of any material between or around test borings.
• If Bidders use this information in preparing a Bid,it is used at their own risk,and Bidders are responsible
for all conclusions, deductions,and inferences drawn from this information.
• Contractor may not rely upon or make any claim against Owner, including its Engineer, or Design
Engineer or any of their officers, directors, members, partners, employees, consultants, or
subcontractors with respect to any Contractor interpretation of or conclusion drawn from any technical
data or any such other data, interpretations,opinions, or information.
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids -The Agency
reserves the right to issue Addenda making changes or corrections to the Plans, Specifications,or quantities.
Only holders of Solicitation Documents obtained from the Agency's office who have been identified by the
Agency as Holders of Bidding Plans will be notified of these Addenda by e-mail, or delivery service,or sent to
the Bidder's address as it appears in the Agency's files.
The Agency may extend Bid Closing if Agency determines prospective Bidders need additional time to review
and respond to Addenda. Agency will not, except to the extent required by a countervailing public interest,
issue Addenda less than 72 hours before Bid Closing unless the Addendum also extends Bid Closing.
Bidders shall acknowledge Addenda by listing Addenda on the Bid Form. The Agency will not be responsible
for failure of Bidders to receive Addenda sent as described in the preceding paragraph. Bids shall incorporate
all Addenda. Bids may be rejected if opened and found by the Agency to not be based on all Addenda issued
before Bid Closing.
00120.40 Preparation of Bids:
Bids not in compliance with the requirements of this Subsection may be considered non-responsive.
(a) General:
(1) Bids-The 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 and agreement to all certifications and statements contained in the Bid Booklet. Entries
on the documents in the Bid Section shall be in black or blue ink or typed. Signatures and initials shall
be in black or blue ink.
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The Bidder shall properly complete and bind all the documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40(d))
(b) Bid Schedule Entries:
(1) Bid Schedule Entries- Using figures, Bidders shall fill in all blank spaces in the Bid Schedule. For
each item in the Bid Schedule,Bidders shall enter the unit price and the product of the unit price multiplied
by the quantity given. The unit price shall be greater than zero, shall contain no more than two decimal
places to the right of the decimal point, and shall be expressed in U.S. dollars and cents (for example,
$150.25 or$0.37). Unit prices submitted which contain more than two decimal places,will be truncated
by the Agency at the second decimal place to determine the product of the unit price and quantity. No
rounding will be considered or paid. Bidders Bid shall also enter the total amount of the Bid obtained by
adding amounts for all items in the Bid Schedule. Corrections or changes of item entries shall be in ink,
with incorrect entry lined out and correct entry entered and initialed in ink by the person signing the Bid.
(c) Bidder's Address and Signature Pages-Bidders shall include in the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly authorized
representative of the Bidder.
(d) Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10%of the total amount
of the Bid.
(1) Bid Guaranty- The Bid guaranty shall be either a Surety bond, irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or certified
check made payable to the Agency. (see ORS 279C.365(4))
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with the
Bid Booklet or an alternative Bid Bond form, including terms of the Agency's standard Bid Bond,
acceptable to the Agency. Bidders shall submit the bond with original signatures and the Surety's seal
affixed. The Bid guaranty shall be submitted by mail, delivery service, or hand delivered to the offices
and addresses,and at the times given in the Bid Booklet.
• Acceptable Surety companies are limited to those authorized to do business in the State of
Oregon.
• Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered
by 00130.70.
(e) Disclosure of First-Tier Subcontractors- If the Bidder's Bid exceeds$100,000 or without regard to the
amount of a Bidder's Bid, if the Agency's cost estimate for a public improvement project as indicated in the
Invitation for Bids exceeds$100,000,the Bidder shall,within two working hours of the time Bids are due to be
submitted, submit to the Agency, on a form provided by the Agency, a disclosure identifying any first-tier
Subcontractors that will furnish labor or labor and Materials, and whose contract value is equal to or greater
than:
• 5%of the total Project Bid, but at least$15,000; or
• $350,000, regardless of the percentage of the total Project Bid.
For each Subcontractor listed, Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract; and
• The category of Work that the Subcontractor would be performing.
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If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by
entering"NONE"or by filling in the appropriate check box. For each Subcontractor listed,Bidders shall provide
all requested information. An incomplete form will be cause for rejection of the Bid.
The Subcontractor Disclosure Form may be submitted for a Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it together
with the Bid at the time and place designated for receipt of Bids;
• By removing it from the Bid Booklet, filling it out and submitting it separately to the Agency at the
address given in the Bid Booklet.
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the Agency
within two working hours of the time designated for receiving Bids.
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.
THE AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH
THIS INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360).
(f). COBID Certification or Subcontractor Utilization: The City of Lake Oswego is supportive of the regional
economy,and is committed to solicit and achieve racial,gender,veteran,and emerging small business equity
in City procurements.This strategy will be implemented by either utilizing firms certified by the State of Oregon
Certification Office for Business Inclusion and Diversity (COBID)1 or firms that will plan and/or have used
COBID subcontractors or purchased from COBID suppliers.
If your firm or quote is eligible for points to be awarded based on COBID certification or utilization, please
include one of the following:
• Firm's COBID certification
• Inclusion of Good Faith Effort Requirements for usage of COBID-certified contractors and/or
subcontractors across different phases of the project.
• Documentation showing the percentage of COBID-certified subcontractors employed and/or the
dollar value of goods purchased from COBID-certified suppliers during past 6 months.
00120.45 Submittal of Bids:
(a) Bids shall be submitted by mail, parcel delivery service, or hand delivery to the Agency, in the manner
and at the times given in the Special Provisions. Submit Bids in a sealed envelope. 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 submitted after Bid Closing time will not be opened or considered. The Agency assumes no responsibility
for the receipt and return of late Bids.
Preparation and submission of Bids is at the sole risk and expense of the Bidder and is not a cost of Contract
performance.
(b) All Bid material submitted by Bidder shall become the property of the Agency and is subject to disclosure
under the Oregon Public Records Law. A Bid that contains any information that is considered trade secret
under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept
1 COBID certifies firms based on rules promulgated in OAR 123-200-1000 et seq. COBID Webpage:
https://www.oreqon.qov/biz/proqrams/COBID/Paqes/default.aspx
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confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS
192.311 et seq. Cost or price information is not considered confidential information; it must be open to public
inspection.
00120.60 Modification or Withdrawal of Bids:
(a) Modification — Bids once submitted may be modified in writing prior to the time and date set for Bid
Closing and submitted to the place designated for receipt of Bids. Any modifications shall be prepared on the
company letterhead,signed by an authorized representative,and state that the new document supersedes or
modifies the prior Bid. The Bid modification shall be delivered in a sealed envelope and shall be marked as
follows:
BID MODIFICATION
Bid Title and Closing Date and Time
(b) Withdrawal- Bids may be withdrawn by written notification on company letterhead signed by an
authorized representative and received prior to the time and date set for Bid Closing and submitted to the
place designated for receipt of Bids. Bids also may be withdrawn in person prior to the scheduled Bid Closing
upon presentation of appropriate identification.
Requests to withdraw Bids shall be marked as follows:
BID WITHDRAWAL
Bid Title and Closing Date and Time
No Bid can be withdrawn after having been opened.
00120.65 Opening and Comparing Bids-Bids will be opened and the total price for each Bid will be read
publicly at the time and place indicated in the Invitation to Bids. Bidders and other interested parties are invited
to be present.
Bids for each Project will be compared on the basis of the total amount of each Bid. The total amount of the
Bid will be the total sum computed from quantities listed in the Bid Schedule and unit prices entered by the
Bidder.
In case of conflict between the unit price and the corresponding extended amount,the unit price shall govern,
and the Agency may make arithmetic corrections on extension amounts.
Error(s)discovered after Bid opening cannot be corrected by the Bidder and the contractor will be required to
perform work at the unit price if its Bid is accepted.
00120.70 Rejection of Nonresponsive Bids-A Bid will be considered irregular and will be rejected if the
irregularity is deemed by the Agency to render the Bid non-responsive. Examples of irregularities include,
without limitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed.
• The Bid contains improper additions,deletions,alternate Bids, or conditions.
• The Bid is submitted on documents not obtained directly from the Agency,or is submitted by a Bidder
who has not been identified by the Agency as a Holder of Bidding Plans, as required by 00120.05.
• The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as
required by 00120.040 and 00120.60.
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• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
• The Bid has entries not typed or in ink, or has signatures or initials not in ink.
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document. This requirement applies to Agency and
State-funded Projects, with the exception of Aggregate production and landscape Projects. (not
required on Federal-Aid Projects)
• A disclosure of qualified first-tier Subcontractors, if required under 00120.40(f), is not received
within two working hours of the time Bids are due to be submitted, or the disclosure form is not
complete.
• The Bidder has not complied with the GFE Equity Program requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid entries are not expressed in U.S. dollars and cents.
• The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of
the Agency.
In addition,the Agency may reject all Bids and suspend the project in the event all Bids exceed the funds the
Agency has appropriated for the project or for good cause upon its finding that it is in the public interest to do
so. The Agency may also waive minor informalities or irregularities.
00120.80 Reciprocal Preference for Oregon Resident Bidders-This Subsection applies only to Contracts
for Projects financed without federal funds.
Bidders shall complete the certificate of residency provided by the Agency in the Bid Booklet. Failure to
properly complete the form will be cause to reject the Bid.
As used in the certificate of residency and this Subsection, "Resident Bidder"means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission of the Bid;
• A business address in the State of Oregon;and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the Agency will, for the purpose of awarding the Contract, add a percentage
increase to the Bid of a Nonresident Bidder equal to the percentage, if any, of the preference given to that
Bidder in the state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each
state will be published on or before January 1 of each year by the Oregon Department of Administrative
Services. The Agency may rely on these percentages without incurring liability to any Bidder(ORS 279A.120).
This increase will only be applied to determine the lowest Bid, and will not cause an increase in payment to
the Contractor after Award of the Contract.
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00120.90 Disqualification of Bidders-The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found not responsible, and
may be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 279C.440.
A Bidder will be disqualified if the Bidder has:
• Not been prequalified if required by 00120.02;
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under
ORS 279C.860;
• Not been registered(licensed)by the Oregon Construction Contractors Board(CCB)or has not been
licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k),
ORS 701.021, ORS 701.026, and ORS 671.530). The Bidder's registration number and expiration
date shall be shown in the Bid form, if requested. Failure to furnish the registration number, if
requested,will render the Bid non-responsive and subject to rejection. (not required on Federal-Aid
projects.); or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a public
contract for a public improvement.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is found
to be nonresponsible according to the criteria listed in 00130.10 or ORS 279C.375(3)will be rejected.
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Section 00125—Good Faith Effort Equity Contracting Program
00125.00 Program Description
The City of Lake Oswego is committed to a procurement strategy that is supportive of the regional economy,
and is designed to solicit from and achieve racial,gender,veteran,and emerging small business equity in City
procurements.
The City desires to encourage and provide opportunities for firms certified by the State of Oregon Certification
Office for Business Inclusion and Diversity(COBID).
Compliance with this Good-Faith Effort("GFE") Program does the following:
• Helps the City determine whether bidders meet the required GFE to open subcontracting
opportunities to firms certified by COBID.
• Assists the City with tracking subcontractor utilization on its projects.
• Requires Prime Contractors to provide evidence of a GFE on ALL of their subcontracting
opportunities, regardless of value.
General Contractors must submit documentation showing that a GFE has been made to contact and contract
with firms certified by COBID. Failure to comply with all of the requirements of the GFE Program may result
in the bidder not being awarded COBID points in the selection process or a finding that a Contractor has
materially breached the contract,which may result in a claim for damages.
00125.10 Pre-Bid Requirements
1. Contract Requirements. The Specifications identify Divisions of Work("DOW")or areas where the City's
Project Manager has determined that subcontracting opportunities may exist. For identified DOW,
bidders must meet a GFE to contract with subcontractors certified by COBID for each DOW identified in
the solicitation document.
a. A bidder may not use a subcontractor to perform any DOW unless the bidder has made met the GFE
per these requirements.
b. A bidder is not required to contact subcontractors certified by COBID for any DOW that will be
performed by the bidder. If the bidder indicates that it will self-perform work for a particular DOW, it
may still add a subcontractor in that DOW as long as bidder submits the required documentation as
provided in the Post-Bid Requirements subsection.
Please go to the State's website to locate potential subcontractors certified by COBID for each DOW.
Search the codes for each DOW you intend to subcontract (e.g. NIGP Code 91038 for Asbestos
Removal). The state COBID Certification Directory is located at
https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertified Directory.asp?XI D=2315&TN=oregon4biz
If you have difficulty identifying potential subcontractors certified by COBID please contact the City's
Project Manager.
When searching for potential subcontractors, you are encouraged to contact subcontractors from
Clackamas, Multnomah or Washington counties.
2. Who to Contact. For EACH DOW that will be performed by a subcontractor, bidders must contact:
a. Each subcontractor certified by COBID that attended the pre-bid meeting (if one was held)that
identified itself as a subcontractor in one or more specific DOW that the bidder will subcontract.
The Pre-Bid Attendance List will be available to bidders on the City's Bids page located at:
https://www.ci.osweqo.or.us/bids/
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b. A minimum of five subcontractors certified by COBID for each DOW that will be subcontracted. If
there are fewer than five subcontractors listed on the State's website for a particular DOW, then
bidders shall contact ALL of the subcontractors listed on the website for that DOW.
3. When to Contact. Bidders shall make first contact with subcontractors certified by COBID at least seven
(7) calendar days before the bid opening. For example, if the bid opening date is on Thursday, then
the first contact shall be on or before the Thursday of the preceding week.
4. How to Contact.
a. Bidders shall first contact subcontractors certified by COBID by letter,fax,or email to advise them of
potential subcontracting opportunities;
b. Bidders shall then follow up the first contact with telephone calls to each subcontractor certified by
COBID to determine if a bid will be submitted or if further information is required. Bidders are not
required to follow up with the first contact if the subcontractor responds to the first contact with a
statement that the subcontractor will not bid on this project or if the subcontractor has already
submitted a sub-bid.
5. Provide Same Information. Bidders shall ensure that each subcontractor certified by COBID have an
equal opportunity to compete for work by having the same information as other subcontractors. Bidders
shall inform subcontractors certified by COBID of the date and time that sub-bids are due.
6. OPTIONAL. Although not required as part of the City's GFE Program, bidders should also consider the
following:
a. Advertising in community-based newspapers(i.e., Skanner,Asian Reporter, El Hispanic, etc.).
b. Providing letters to minority and women community organizations.
c. Using alternative methods of participations with COBID certified firms through arrangements such as
joint ventures, negotiated subcontract agreements, and competitive bids.
d. Purchasing construction materials and equipment from COBID certified suppliers.
00125.20 General Bid Requirements
Bidders shall also submit the following required forms. A checklist has been provided near the beginning of
the Solicitation Document to allow bidders to check and confirm that they have enclosed the required forms.
Form 1. Subcontractor and Self-Perform List
DUE WITH BID FROM ALL BIDDERS
a. All bidders shall submit Form 1 with their bid. Failure to submit Form 1 will result in the City deeming
the bid non-responsive and rejecting the bid.
b. Form 1 shall list all subcontractors to be used on the contract regardless of the dollar amount. This
is more than what is required by the State's First-Tier Subcontractor Disclosure Form. If this bid
includes bid alternates, then bidders shall list all first-tier subcontractors who will be used if the City
elects to do the additional work.
c. Bidders shall list all DOW they intend to self-perform and separately list any DOW where the identity
of the subcontractor who will perform the work is undetermined at bid time.
Form 2. Contact and Bids Received Log and Solicitation Letter
DUE WITH BID FROM ALL BIDDERS
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a. Form 2. Submit Form 2 (or equivalent)with the bid. Failure to timely submit Form 2 may result in
the City deeming the bid non-responsive and rejecting the bid. The Bidder shall, within two working
hours of the time Bids are due to be submitted, submit to the Agency if not submitted with bid
package.
b. Solicitation Letter.Also submit a copy of the letter,fax, or email sent to subcontractors certified by
COBID to solicit bids for this project. If bidder sent more than one communication, then bidder shall
submit a copy of each communication.
Form 3. Monthly Subcontractor Payment and Utilization Report
DUE MONTHLY OR PERIODICALLY FROM THE AWARDED CONTRACTOR
Contractor shall list the contract amounts and payment amounts to ALL SUBCONTRACTORS (including
subcontractors certified by COBID) and second-tier subcontractors on Form 3. All first-tier subcontractors
with second-tier subcontractors shall also submit Form 3 on a monthly basis. Contractor shall complete and
submit a Monthly Subcontractor Payment and Utilization Reports by the 15th of each month once work has
commenced, unless otherwise directed by the City's Project Manager.
00125.30 Delivery Method
Bidders may submit Forms 1 and 2 for the GFE in the same manner as submission of the bid.
00125.40 Subcontractor Changes
1. Contractor is prohibited from adding or replacing a subcontractor certified by COBID after the bid is
opened unless Contractor receives written authorization from the City's Project Manager. The City's
Project Manager must be immediately notified in writing once Contractor has the need to substitute a firm
certified by COBID acting as a subcontractor.
2. No subcontractor may be added or replaced after the bid is due unless Contractor complies with the
requirements of ORS 279C.585 and meets the GFE to contract with a firm certified by COBID for the work
to be performed. Contractor must create and provide documentation of a GFE to the City's Project
Manager before adding or replacing a subcontractor.
00125.50 Audit
If City reasonably believes that Contractor has not met the Good Faith Effort Equity Contracting Program(GFE
Program), then City has the right to inspect and copy the books and records of Contractor and any
subcontractor employed on the project to determine whether a violation has occurred.
If Contractor or any subcontractor fails to provide the books and records for inspection and copying when
requested, Contractor's failure shall constitute a material breach of this contract and City may pursue the
imposition of any remedies provided in the Enforcement subsection, including withholding progress payments.
00125.60 Enforcement
Contractor's failure to meet the GFE Program constitutes a material breach of the contract. If Contractor
materially breaches the contract, City may take one or more of the following actions:
1. Withhold Progress Payments or Final Payment. City may withhold progress payments or Final
Payment until Contractor has remedied the action causing the material breach of contract. If progress
payments are withheld, then Contractor shall not be entitled to interest on the progress payments. If a
subcontractor is responsible for the action causing the material breach of contract,then City may choose
to withhold only that portion of the progress payment.
2. Liquidated Damages.
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a. Noncompliance. The parties agree that it would be difficult to assess the actual damage
incurred by the City for Contractor's failure to comply with the GFE Program. The parties further
agree that it is difficult to determine the cost to the City when contracting opportunities are not
provided. Therefore, if Contractor fails to comply with the GFE requirements of the GFE
Program, then Contactor agrees to pay $1,000 for each violation. These damages are
independent of any liquidated damages that may be assessed due to any delay in the project
caused by Contractor's failure to comply with this or other provisions of the contract.
b. Delay. Contractor agrees that any delay due to the specified contract time as a result of
Contractor's failure to comply with the requirements of this section subjects Contractor to
liquidated damages.
3. Other Remedies. The remedies provided above do not limit any other remedies available to City in
the event Contractor fails to meet the terms and conditions of the GFE Program.
Questions about the GFE Program may be directed to the City's Project Manager
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Section 00130 -Award and Execution of Contract
00130.00 Consideration of Bids- After opening and reading Bids, the Agency will check them for correct
extensions of unit prices and totals. (see 00120.65) The total of extensions, corrected where necessary,will
be used by the Agency for Award purposes. Discrepancies between words and figures will be resolved in
favor of words. In selecting the lowest responsive Bid that meets the criteria for award, the Agency reserves
the right to take into consideration any or all alternatives called for in the Bid Form.
The Agency reserves the right to waive minor informalities and irregularities, seek clarification of any Bid or
response that, in its sole discretion, it deems necessary or advisable, and to reject any or all Bids for
irregularities under 00120.70 or for good cause after finding that it is in the public interest to do so (ORS
279C.395). An example of good cause for rejection in the public interest is the Agency's determination that
any of the unit Bid prices are materially unbalanced to the Agency's potential detriment. A materially
unbalanced Bid is defined as, "a Bid which generates a reasonable doubt that award to the Bidder submitting
a mathematically unbalanced Bid will result in the lowest cost to the Agency."The Agency may correct obvious
clerical errors, when the correct information can be determined from the face of the documents if it finds that
the best interest of the Agency and the public will be served thereby.
Bids will be considered, and a Contract awarded, if at all, within sixty(60)calendar days from the date of Bid
Opening, unless an extension beyond that period is agreed to by both parties and acknowledged in writing by
the Bidder.
00130.10 Award of Contract - After the Bids are opened and a determination is made that a Contract is to
be awarded, the Contract will be awarded to the lowest responsible Bidder with the highest points awarded.
For the purposes of this Section, "lowest responsible Bidder" means a responsible Bidder whom submitted
the lowest responsive Bid, who is not on the list created by the Construction Contractors Board according to
ORS Chapter 701, and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial, Materials, Equipment, facility and personnel resources and
expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance. In evaluating a Bidder's record of performance, the Agency
may consider, among other things, whether the Bidder completed previous contracts of a similar
nature with a satisfactory record of performance. For purposes of evaluating a Bidder's performance
on previous contracts of a similar nature, a satisfactory record of performance means that to the
extent that the costs associated with and time available to perform a previous contract remained
within the Bidder's control,the Bidder stayed within the time and budget allotted for the procurement
and otherwise performed the contract in a satisfactory manner. Satisfactory performance of the
Contract also includes compliance with the requirements for records in 00170.07 for Contracts with
the Agency.
• A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may
consider, among other things, whether the Bidder has previous criminal convictions for offenses
related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder's
performance of a contract or subcontract.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the Agency's inquiry concerning responsibility.
If a prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available
information, or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
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If the Bidder is found not to have a satisfactory record of performance or integrity, the Agency will document
the record and the reasons for the unsatisfactory finding.
Points shall be awarded to a Bid based upon Cost and Good Faith Efforts Equity Program submission:
• Method of Determining Cost Points(Maximum 90 points):
• The lowest cost proposal shall be awarded 90 points.
• A higher dollar quote's cost points is the percentage it is higher than the Lowest Cost, deducted
from the maximum cost points.
Formula:$HB-$LB/$LB = .XX(rounded). (100-XX)%x 90 points=YY Cost Points(HB means
Higher Bid; LB means Lower Bid)
Example: Assume Low Bid: $100; Higher Bid: $150; Cost Points: 90 points
$150-$100/$100= .50. (100-50)%x 90 points=45 Cost Points.
• Good Faith Efforts Equity Program (Maximum 10 points):
• COBID certified: 10 points.
• GFE Forms 1 and 2 demonstrates good faith effort to solicit and employ COBID certified
subcontractors or purchase goods from COBID certified sellers of goods,the selection
committee (and the City's Equity Program Manager, if requested)shall review the GFE Forms
and award up to 8 points.
• Documentation submitted shows the percentage of COBID-certified subcontractors employed
and/or the purchase of goods from COBID-certified suppliers during past 6 months; the
percentage x 10 points under this subsection. Example: 53%COBID subcontractor dollars=5.3
points awarded.
The Agency will mail the Notice of Intent to Award to the Bidders, and may provide Notice of Intent to Award
on the Agency's web site.
The Award will not be final until the later of the following:
• Seven working days after the Notice of Intent to Award has been posted as specified in the
advertised solicitation or Addendum thereto; or
• The Agency has provided a written response to each timely protest,denying the protest and affirming
the Award.
If the Agency accepts a Bid and awards a Contract,the Agency will send the successful Bidder written notice
of acceptance and Award.
Notice of Award and Contract Booklets ready for execution will be sent within 60 Calendar Days of the opening
of Bids or within the number of Calendar Days specified in the Special Provisions or a written mutual
agreement between successful Bidder and Agency.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work
is delayed by failure of the Agency to send the Contract for execution. However, if more Calendar Days elapse
between the date the Bid is opened and the date the Agency sends the Contract to be executed, as specified
in 00130.10,the Agency will consider granting an adjustment of time for completion of the Work to offset any
actual delay to Contract completion resulting directly from delay in commencement.
00130.12 Subcontractor or Supplier Identification - If the Special Provisions require the identity of certain
Subcontractors, Suppliers, individuals, or entities to be submitted to Agency with the Bid, such list shall be
accompanied by an experience statement with pertinent information regarding similar projects and other
evidence of qualification for each such Subcontractor, Supplier, individual,or entity if requested by Agency.
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In addition, substitution of COBID-Certified Subcontractors requires notification to the Owner's
Representative, approval of the Purchasing Agent and good faith efforts to acquire a new Subcontractor, as
more specifically provided in that portion of the Specifications.
00130.15 Right to Protest Award -An adversely affected or aggrieved Bidder may submit to the Agency a
written protest of the Agency's intent to Award within seven Days after issuance of the notice of intent to Award
the Contract, unless a different protest period is provided under the Solicitation Documents. The Bidder's
protest must be in writing and must specify the grounds upon which the protest is based.
A Bidder is adversely affected or aggrieved only if the Bidder is eligible for Award of the Contract as the
Responsible Bidder submitting the Responsive Bid most eligible for Award under the Contractor Evaluation
Criteria and is next in line for Award, i.e.,the protesting Bidder must claim that all lower Bidders are ineligible
for Award:
a) Because their Bids were nonresponsive; or
b) The Agency failed to conduct the Bid process as described in the Bid Document;
c) The Agency has abused its discretion in rejecting the protestor's Bid as non-responsive or non-
responsible; or
d) The Agency's evaluation of Bids or subsequent determination of award is otherwise in a substantial
violation of ORS Chapters 279A and 279C a provision in the Solicitation Documents or of an
applicable Procurement statute or the Agency's public contracting rules.
e) The written protest must describe the facts that support protest. The Agency will not consider late
protests or protests that do not describe facts that support a finding that is aggrieved for one of
reasons in clauses (a)through (d)above.
00130.20 Cancellation of Award-Without liability to the Agency, the Agency may for good cause cancel
Award at any time before the Contract is executed by all parties to the Contract,as provided by ORS 279C.395
for rejection of Bids, upon finding it is in the public interest to do so.
00130.30 Contract Booklet-The Contract booklet may include but is not limited to:
• Addenda
• Schedule of Items
• Public Improvement Contract
• Performance Bond
• Payment Bond
• Certification of workers'compensation coverage
• Prevailing Wage Rates
• GFE Form 3—Monthly or Periodic Subcontractor Payment and Utilization Report
• Special Provisions
00130.40 Contract Submittals- Before the Agency will execute the Contract, the successful Bidder shall
furnish the following:
(a) Performance and Payment Bonds- When Awarded the Contract,the successful Bidder shall furnish a
Performance Bond and a Payment Bond of a Surety authorized to do business in the State of Oregon.
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The successful Bidder shall submit the standard bond forms, which are bound in the Contract Booklet. or
alternative bond forms acceptable to the Agency. Faxed or photocopied bond forms will not be accepted. The
amount of each bond shall be equal to the Contract Amount. The Performance Bond and the Payment Bond
must be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be affixed to each
bond. A power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,
which must include bond numbers, and the Surety's original seal must be affixed to the power of attorney.
Bonds shall not be canceled without the Agency's consent, nor will the Agency normally release them, prior
to Contract completion. The amount of the Performance and Payment Bonds shall be increased to equal the
new Contract Amount whenever the Contract Amount is increased for any reason.
(b) Certificates of Insurance-The successful Bidder shall furnish the Agency certificates of insurance
applicable to the Project, according to 00170.70. The insurance coverages shall remain in force throughout
the performance of the Contract and shall not be allowed to lapse without prior written approval of the Agency.
Bidders shall refer to 00170.70 for minimum coverage limits and other requirements.
For specified Contracts, certified copies, and in some instances the original, of insurance policies may be
required by the Special Provisions.
(c) Registration Requirements:
(1) ORS 701.021, ORS 701.026, and ORS 671.530 require that Bidders be registered with the Oregon
Construction Contractors Board or licensed by the State Landscape Contractors Board prior to
submission of a Bid on a Project not involving federal funds. Registration with the Construction
Contractors Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding
on Federal-Aid Projects; however, the Agency will not execute a Contract until the Contractor is so
registered or licensed.
(2) Bidders must be registered with the Corporation Division, Oregon Secretary of State, if bidding as a
corporation, limited liability company,joint venture, or limited liability partnership, or if operating under
an assumed business name and the legal name of each person carrying on the business is not included
in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a construction
project that includes landscape contracting as a portion of the project if the landscape contracting is
subcontracted to a licensed landscaping business as defined in ORS 671.520.
(4) A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor, or subcontracts
with another licensed landscaping business, licensed for that phase.
(d) Tax Identification Number-The successful Bidder shall furnish the Agency's Finance Department:with
the Bidder's Federal Tax Identification Number by submitting IRS Form W-9 Request for Taxpayer
Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf).
00130.50 Execution of Contract and Bonds:
(a) By the Bidder-The successful Bidder shall deliver the required number of Contract booklets with the
properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation
coverage, and the required certificates of insurance,to the Agency within 14 Calendar Days after the date on
which the Contract booklets are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall
return the originals of all documents received from the Agency and named in this Subsection, with original
signatures.or digital signatures. Certificates of insurance shall also be originals. Certificates of insurance for
coverages that are permitted by the Agency under 00170.70(a)to be obtained by appropriate subcontractors
shall be delivered by the Contractor to the Agency, together with the Contractor's request under 00180.21 for
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approval of the subcontract with that subcontractor. No copies of these documents will be accepted by the
Agency.
Proper execution requires that:
• If the Contractor is a partnership, limited liability partnership, joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond, and Payment Bond, and an authorization to sign shall be attached.
• If the Contractor is a corporation, the President and the Secretary of that corporation shall sign the
Contract,Performance Bond,and Payment Bond. However,if other corporate officers are authorized
to execute contracts and bonds,the successful Bidder shall furnish with those documents a certified,
true and correct copy of the corporate bylaws or minutes stating that authority. If only one officer is
signing,then the bylaws or minutes must include the authority to sign without the signature of others.
The successful Bidder shall also include the title(s)or corporate office(s)held by the signer(s).
(b) By the Agency-Within 10 Working Days after the Agency has received and verified the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the Agency's
attorney(if required),the Agency will execute the Contract. The Agency will then send a fully-executed original
Contract booklet to the successful Bidder,who then officially becomes the Contractor.
00130.60 Failure to Execute Contract and Bonds- Failure of the successful Bidder to execute the Contract
and provide the required certificates, certifications, and bonds may be cause for cancellation of the Award,
and may be cause for forfeiture of the Bid guaranty under ORS 279C.385.
Award may then be made to the next responsible Bidder with the highest points, the Project may be
re-advertised,or the Work may be performed otherwise as the Agency decides.
The forfeited Bid guaranty will become the Agency's property, not as a penalty but as liquidation of damages
resulting from the Bidder's failure to execute the Contract and provide the certificates,certifications,and bonds
as required by these Specifications.
00130.70 Release of Bid Guaranties-Bid guaranties will be released and checks returned seven Calendar
Days after Bids are opened, except for those of the three apparent Bidders with the highest points on each
Project. The guaranties of those three apparent Bidders will be released and checks returned to unsuccessful
Bidders within seven days of the Agency's execution of the Contract.
00130.80 Project Site Restriction -Until the Agency sends the Contractor written Notice to Proceed with
the Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not
move Materials, Equipment, or workers onto that Project Site.
00130.85 Lake Oswego Business License—Contractor shall obtain a Lake Oswego Business License or
Metro License for builders and landscape contractors prior to delivering services under this Contract. See
ORS 701.015.
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the Contract
is executed by the Agency.
Should the Agency fail to issue the Notice to Proceed within five Calendar Days of Contract execution, the
Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
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Section 00140-Scope of Work
00140.00 Purpose of Contract-The purpose of the Contract is to set forth the rights and obligations of the
parties and the terms and conditions governing completion of the Work. The Contractor's obligations shall
include without limitation the following:
• The Contractor shall furnish all Materials, Equipment, labor,transportation,and Incidentals required
to complete the Work according to Plans, Specifications, and terms of the Contract.
• The Contractor shall perform the Work in accordance with the lines, grades, cross-section data,
typical sections, dimensions, and other details shown on the Plans or in the 3D Engineered Model,
as modified by written order or as directed by the Engineer. The Contractor shall perform all Work
determined by the Engineer to be necessary to complete the Project, including Agency required
changes in the Work in accordance with 00140.30
• The Contractor shall contact the Engineer for any necessary clarification or interpretation of the
Contract.
00140.10 Typical Sections-The Typical Sections are intended to apply in general. At other locations where
the Typical Section is not appropriate,the Contractor shall perform construction to the identified alignment as
directed by the Engineer.
00140.20 Thickness-The thickness of Courses of Materials shown on the Plans,given in the Specifications,
or established by the Engineer is considered to be the compacted thickness. Minor variations are acceptable
when within tolerances specified in the Specifications or Plans, or when approved by the Engineer.
00140.30 Agency-Required Changes in the Work-Changes to the Plans, quantities, or details of
construction are inherent in the nature of construction and may be necessary or desirable during the course
of Project construction.
Without impairing the Contract, the Agency reserves the right to require changes it deems necessary or
desirable within the scope,which in the Specifications means general scope, of the Project. These changes
may modify,without limitation:
• Specifications and design
• Grade and alignment
• Cross Sections and thicknesses of Courses of Materials
• 3D Engineered Model
• Method or manner of performance of Work
• Project Limits
or may result in:
• Increases and decreases in quantities
• Additional Work
• Elimination of any Contract item of Work
• Acceleration or delay in performance of Work
Upon receipt of a Change Order, the Contractor shall perform the Work as modified by the Change Order. If
the Change Order increases the Contract Amount, the Contractor shall notify its Surety of the increase and
direct the Surety to increase the amount of the performance and payment bonds to equal the new Contract
Amount. If requested, the Contractor shall provide the Agency with a copy of the modified bond documents
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within 15 calendar days of receipt of the Change Order. 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.
A Change Order signed by the Contractor is the agreement that the adjustment in the Contract Amount or
Contract Time indicated is full compensation for all change order items including the impact of the change
order on the balance of the Work to be accomplished.
00140.40 Differing Site Conditions-The following constitute differing Project Site conditions provided such
conditions are discovered at the Project Site after commencement of the Work:
• Type 1 -Subsurface or latent physical conditions that could not have been discovered by careful
examination of the Project site, utility locations and available records as described in 00120.15 and
that differ materially from those indicated in the Contract Documents; or
• Type 2-Unknown physical conditions of unusual nature that differ materially from those ordinarily
encountered and generally recognized as inherent in the Work provided for in the Contract.
The party discovering such a condition shall promptly notify the other party, in writing, of the specific differing
conditions before they are disturbed and before the affected Work is performed. The Contractor shall not
continue Work in the affected area until the Engineer has inspected such condition according to 00195.30 to
determine whether an adjustment to Contract Amount or Contract Time is required.
Payment adjustments due to differing Project Site conditions, if any, will be made according to 00195.30.
Contract Time adjustments, if any,will be made according to 00180.80.
00140.50 Environmental Pollution Changes-ORS 279C.525 will apply to any increases in the scope of
the Work required as a result of environmental or natural resources laws enacted or amended after the
submission of Bids for the Contract. The Contractor shall comply with the applicable notice and other
requirements of ORS 279C.525. The applicable rights and remedies of that statute will also apply.
In addition to ORS 279C.525, the Agency has compiled a list at 00170.01 of those federal, State, and local
agencies, of which the Agency has knowledge, that have enacted ordinances, rules, or regulations dealing
with the prevention of environmental pollution and the preservation of natural resources that may affect the
performance of Agency contracts.
00140.60 Extra Work- If directed by the Engineer's written order, the Contractor shall perform work not
included in the Contract. The Contractor shall perform this work according to:
• Standard Specifications
• Standard Drawings
• Other Plans and Specifications issued by the Engineer
Payment for Extra Work will be made according to Section 00196. Contract Time adjustments, if any,will be
made according to 00180.80.
00140.65 Disputed Work-The Contractor may dispute any part of a Change Order,written order,or an oral
order from the Engineer by the procedures specified in Section 00199.
00140.70 Cost Reduction Proposals- The Contractor may submit written proposals to the Engineer that
modify Plans, Specifications, or other Contract Documents for the sole purpose of reducing the total cost of
construction. Unless otherwise agreed to in writing by the Agency, a proposal that is solely or primarily a
proposal to reduce estimated quantities or delete Work, as determined by the Engineer, is not eligible for
consideration as a cost reduction proposal and will instead be addressed under 00140.30,whether proposed
or suggested by the Agency or the Contractor.
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(a) Proposal Requirements-The Agency will not adopt a cost reduction proposal that impairs essential
functions or characteristics of the Project, including,but not limited to,service life,economy of operation,ease
of maintenance, designed appearance,or design and safety standards.
To conserve time and funds, the Contractor may first submit a written request for a feasibility review by the
Engineer. The request should contain a description of the proposal together with a rough estimate of
anticipated dollar and time savings. The Engineer will, within a reasonable time, advise the Contractor in
writing whether or not the proposal would be considered by the Agency,should the Contractor elect to submit
a detailed cost reduction proposal.
A detailed cost reduction proposal shall include without limitation the following information:
• A description of existing Contract requirements for performing the Work and the proposed change;
• The Contract items of Work affected by the proposed change, including any quantity variation
caused by the proposed change;
• Pay Items affected by the proposed change including any quantity variations;
• A detailed cost estimate for performing the Work under the existing Contract and under the proposed
change. Cost estimates shall be made according to Section 00197. Costs of re-design, which are
incurred after the Agency has accepted the proposal,shall be included in the cost of proposed work;
and
• A date by which the Engineer must accept the proposal in order to accept the proposed change
without impacting the Contract Time or cost reduction amount.
(b) Continuing to Perform Work-The Contractor shall continue to perform the Work according to Contract
requirements until the Engineer issues a Change Order incorporating the cost reduction proposal. If the
Engineer fails to issue a Change Order by the date specified in the proposal, the proposal shall be deemed
rejected.
(c) Consideration of Proposal-The Engineer is not obligated to consider any cost reduction proposal. The
Agency will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal
submitted.
The Engineer will determine in its sole discretion whether to accept a cost reduction proposal as well as the
estimated net savings in construction costs from the adoption of all or any part of the proposal. In determining
the estimated net savings, the Engineer may disregard the Schedule of Items. The Engineer will establish
prices that represent a fair measure of the value of Work to be performed or to be deleted as a result of the
cost reduction proposal.
(d) Sharing Investigation Costs-As a condition for considering a Contractor's cost reduction proposal,the
Agency reserves the right to require the Contractor to share in the Agency's costs of investigating the proposal.
If the Agency exercises this right, the Contractor shall provide written acceptance of the condition to the
Engineer. Such acceptance will authorize the Agency to deduct its share of investigation costs from payments
due or that may become due to the Contractor under the Contract.
(e) Acceptance of Proposal Requirements- If the Contractor's cost reduction proposal is accepted in whole
or in part,acceptance will be made by a Change Order that will include without limitation the following:
• Statement that the Change Order is made according to 00140.70;
• Revised Contract Documents that reflect all modifications necessary to implement the approved cost
reduction measures;
• Any conditions to which the Agency's approval is subject;
• Estimated net savings in construction costs attributable to the approved cost reduction measures;
and
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• A payment provision according to which the Contractor will be paid 50%of the estimated net savings
amount as full and adequate consideration for performance of the Work of the Change Order.
The Contractor's cost of preparing the cost reduction proposal and the Agency's costs of investigating the
proposal, including any portion paid by the Contractor, will be excluded from determination of the estimated
net savings in construction costs. Costs of re-design, which are incurred after the Agency has accepted the
proposal,will be included in the cost of the Work attributable to cost reduction measures.
If the Agency accepts the cost reduction proposal, the Change Order that authorizes the cost reduction
measures will also address any Contract Time adjustment.
(f) Right to General Use-Once submitted,the cost reduction proposal becomes the property of the Agency.
The Agency reserves the right to adopt the cost reduction proposal for general use without additional
compensation to the Contractor when it determines that a proposal is suitable for application to other contracts.
00140.80 Use of Publicly Owned Equipment-The Contractor is prohibited from using publicly-owned
Equipment except in the case of emergency. In an emergency, the Contractor may rent publicly-owned
Equipment provided that:
• The Engineer provides written approval that states that such rental is in the public interest; and
• Rental does not increase the Project cost.
00140.90 Final Trimming and Cleanup- Before Final Inspection as described in 00150.90, the Contractor
shall neatly trim and finish the Project and remove all remaining unincorporated Materials and debris. Final
trimming and cleanup shall include without limitation the following:
• The Contractor shall retrim and reshape earthwork, and shall repair deteriorated portions of the Project
Site.
• Where the Work has impacted existing facilities or devices,the Contractor shall restore or replace those
facilities to their pre-existing condition.
• The Contractor shall clean all drainage facilities and sanitary sewers of excess Materials or debris
resulting from the Work.
• The Contractor shall clean up and leave in a neat,orderly condition, Rights-of-Way, Materials sites,and
other property occupied in connection with performance of the Work.
• The Contractor shall remove temporary buildings,construction plants,forms,falsework and scaffolding,
surplus and discarded Materials, and rubbish.
• The Contractor shall dispose of Materials and debris, including, without limitation, forms, falsework,
scaffolding,and rubbish resulting from clearing,grubbing,trimming,clean-up,removal,and other Work.
These Materials and debris become the property of the Contractor. The Contractor shall dispose of
these Materials and debris immediately.
• The Contractor shall restore and replant or resurface adjoining properties to match existing grades and
existing surfaces.
• The Contractor shall install erosion and sediment control needed to stabilize the Project site.
Unless the Contract specifically provides for payment for this item, the Agency will make no separate or
additional payment for final trimming and cleanup.
00140.95"AS-BUILT" Drawings — The Contractor shall maintain a current and accurate record of Work
completed during the course of this Contract and make available to the Engineer updated copies of the project
"As-Builts"for Engineer's review at any time. These"As-Builts"drawings shall be kept by accurately marking
a designated set of the Contract plans with the specified information as Work proceeds. Accurate, complete
and current "As-Built" drawings are a specified requirement for monthly progress payments of the Work
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completed. "As-Builts" shall be reviewed for completeness before recommendation of payment is granted.
Incomplete or insufficient "As-Builts" will be returned to the Contractor and recommendation for progress
payment denied. At project completion and as a condition of final payment, the Contractor shall deliver an
acceptable complete and legible set of"As-Built"drawings to the Engineer.
The"As-Built"drawings shall show the information listed below. Where the term"locate"or"location"is used,
it shall mean record of position with respect to both the construction vertical datum and either construction
horizontal datum or a nearby permanent improvement.
• As-built location of underground and surface services and utilities as installed
• As-built location of existing underground and surface utilities and services that are to remain and that
are encountered during the course of the Work
• As-built changes in dimension, location, grade or detail to that shown on plans
• As-built changes made by change order
• As-built details not in original plans
• Provide fully completed shop drawings reflecting all revisions
Upon completion of the construction, the Contractor shall review and certify the construction set of"As-Built"
drawings for completeness and accuracy of representation of any changes. Final payment will not be
processed until"As-Built"drawings have been submitted and approved.
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Section 00150-Control of Work
00150.00 Authority of the Engineer(Project Manager)-The Engineer has full authority over the Work and
its suspension. (see Section 00180) The Contractor shall perform all Work to the complete satisfaction of
the Engineer. The Engineer's determination shall be final on all matters, including, but not limited to, the
following:
The Contractor shall direct all requests for clarification or interpretation of the Contract, in writing, to the
Engineer. The Engineer will respond within a reasonable time. Contract clarification or interpretation obtained
from persons other than the Engineer will not be binding on the Agency.
The Engineer's decision is final on all matters, including but not limited to the following:
• Quality and acceptability of Materials and workmanship
• Measurement of unit price Work
• Timely and proper prosecution of the Work
• Interpretation of Contract Documents
• Payments due under the Contract
The Engineer's decision is final and, except as provided in 00180.80 for adjustments of Contract Time and
Section 00199 for claims for additional Contract Time or Contract Price, may be challenged only through the
dispute resolution process provided for in these General Provisions (00199) and, if applicable, the Special
Provisions.
Work performed under the Contract will not be considered complete until it has passed Final Inspection by the
Engineer and has been accepted in writing by the Agency.
Interim approvals issued by the Engineer, including but not limited to Final Acceptance,will not discharge the
Contractor from responsibility for errors in prosecution of the Work, for improper fabrication, for failure to
comply with Contract requirements, or for other deficiencies, the nature of which are within the Contractor's
control.
The Agency may appoint Inspectors and other personnel to assist in the administration of the Contract.
The authority stated in this subsection is subject to the individual's delegated authority by the Agency. If the
individual does not have the stated authority, the subsection reference shall include Agency personnel that
have such authority.
00150.02 Inspector's Authority and Duties-To the extent delegated under 00150.01, Inspectors are
authorized to represent the Engineer and Project Manager to perform the following:
• Inspect Work performed and Materials furnished, including, without limitation, the preparation,
fabrication,or manufacture of Materials to be used;
• Orally reject defective Materials and to confirm such rejection in writing;
• By oral order,temporarily suspend the Work for improper prosecution pending the Engineer's decision;
and
• Exercise additional delegated authority.
Inspectors are not authorized to:
• Accept Work or Materials.
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• Alter or waive provisions of the Contract.
• Give instructions or advice inconsistent with the Contract Documents.
00150.10 Coordination of Contract Documents-The Contract Documents, including but not limited to
Contract Change Orders, the Special Provisions,the Plans, and the Standard Specifications are intended to
collectively describe all of the items of Work necessary to complete the Project. The Contract Documents are
complementary;what is required by one is as binding as if required by all.
(a) Order of Precedence-The Engineer will resolve any discrepancies between these documents in the
following order of precedence:
1. Permits from governmental agencies;
2. Engineer's written interpretations and clarifications issued on or after the Date of Contract;
3. Contract Change Orders;
4. This Contract,Addenda;
5. Bid;
6. Drawings(including written amendments)in the following order:
• Supplementary Drawings
• Reviewed and accepted, stamped Working (Shop) Drawings
• 3D Engineered Models and supplemental Agency-prepared line, grade and Cross Section
data applicable to the Project
• Agency-prepared Standard Drawings
• Approved unstamped Working Drawings and 3D Construction Models
• Other agency-incorporated generic drawings
7. Special Provisions;
8. Standard Specifications;
9. Geotechnical Data Reports;
10. Bonds(if required);
11. General Conditions;
12. Notice to Proceed;
13. Solicitation Documents;
14. All other Contract Documents not listed above;
Notes on a drawing shall take precedence over drawing details. Dimensions shown on the drawings, or that
can be computed,shall take precedence over scaled dimensions. The drawings with the higher level of detail
take precedence over less detailed drawings.
(b) Immaterial Discrepancies-The Contract Documents specify details for the construction and completion
of the Work. If Contract Documents describe portions of the Work in sufficient detail but are silent in some
minor respect,the Contractor may proceed utilizing the current best industry practices.
(c) Material Discrepancies- If the Contractor identifies a discrepancy, error, or omission in the Contract
Documents that cannot be resolved by the approach specified in (b)above, the Contractor shall immediately
request clarification from the Engineer.
00150.15 Construction Stakes, Lines,and Grades:
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(a) Agency Responsibilities-The Engineer will provide the location of the existing benchmarks and
horizontal control locations used to design the project and prepare the Plans.
(b) Contractor Responsibilities-The Contractor shall:
• Inform the Engineer of staking requirements at least 5 Calendar Days before the staking needs to
begin;
• Coordinate construction to provide sufficient area for the Engineer to perform surveying work
efficiently and safely;
• Accurately measure detailed dimensions, elevations, and slopes from the Engineer's stakes
benchmarks and marks;
• Perform the Work in such a manner as to preserve stakes and marks; and
• Set any reference lines for automatic horizontal control locations;
• Provide all labor, materials and equipment to properly stake out the project so that it can be
constructed in accordance with the Contract Documents. Any changes made shall be recorded and
the changed vertical and horizontal locations incorporated into the"as-built"drawings.
• Inform the Engineer of any property corners monuments and/or survey markers that are not shown on
the Plans and are found during construction activities prior to disturbing the monuments. Allow the
Agency two Work days for referencing all found markers before they are removed. Monuments that
are noted on the Plans to be protected and are disturbed by the Contractor's activities shall be replaced
by the Contractor's surveyor at the Contractor's expense in accordance with ORS Chapter 209.
00150.20 Inspection:
(a) Inspection by the Engineer-The Engineer may test Materials furnished and inspect Work performed by
the Contractor to ensure Contract compliance. The Contractor shall notify the Engineer 48 hours (two full
Work Days)in advance for inspection of each portion of the Work.
Contractor shall not begin placing successive Courses or portions of Work until preceding Courses or portions
of the Work have been inspected and approved by the Engineer.
If the Contractor performs Work without the Engineer's inspection or uses Materials that the Engineer has not
approved,the Engineer may order affected portions of the Work removed at the Contractor's expense.
At the Engineer's direction,any time before the Work is accepted,the Contractor shall uncover portions of the
completed Work for inspection. After inspection, the Contractor shall restore these portions of Work to the
standard required by the Contract. If the Engineer rejects Work due to Materials or workmanship, or if the
Contractor performed such Work without providing sufficient advance request for inspection to the Engineer,
the Contractor shall bear all costs of uncovering and restoring the Work. If the Engineer accepts the
uncovered Work, and the Contractor performed the Work only after providing the Engineer with sufficient
advance notice, the costs of uncovering and restoring the Work will be paid for by the Agency according to
00195.20.
(b) Inspection Facilities-The Contractor shall furnish walkways, railings, ladders, shoring, tunnels,
platforms, and other facilities necessary to permit the Engineer to have safe access to the Work to be
inspected. The Contractor shall require producers and fabricators to provide safe inspection access as
requested by the Engineer.
(c) Sampling -When directed by the Agency, the Contractor shall furnish the Engineer with samples of
Materials that the Engineer will test. All of the Contractor's costs related to this required sampling are
Incidental.
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(d) Inspection by Third Parties-Where third parties have the right to inspect the Work,the Contractor shall
coordinate with the Engineer and shall provide safe inspection access.
(e) Contractor's Duty to Make Corrections-The Contractor shall perform all Work according to the
Contract Documents. The Contractor shall correct Work that does not comply with the Contract Documents
at its own expense. Inspection of the Work by the Engineer does not relieve the Contractor of responsibility
for improper prosecution of the Work.
00150.25 Acceptability of Materials and Work-The Contractor shall furnish Materials and shall perform
Work in Close Conformance to the Contract Documents. If the Engineer determines that the Materials
furnished or the Work performed are not in Close Conformance with the Contract Documents, the Engineer
may:
• Reject the Materials or Work and order the Contractor,at the Contractor's expense,to remove, replace,
or otherwise correct any non-conformity; or
• Accept the Materials or Work as suitable for the intended purpose,adjust the amount paid for applicable
Pay Items to account for diminished cost to the Contractor or diminished value to the Agency,document
the adjustment, and provide written documentation to the Contractor regarding the basis of the
adjustment.
The Engineer's decisions concerning acceptability of Materials or Work will be final.
00150.30 Delivery of Notices-Written notices to the Contractor by the Engineer or the Agency will be
delivered:
• In person;
• By U.S. Postal Service first class mail or priority mail(which at the sender's option may include certified
or registered mail (return receipt requested), to the current office address as shown in the records of
the Agency; or
• By overnight delivery service of a private industry courier,to the current office address as shown in the
records of the Agency.
Notices shall be considered as having been received by the Contractor:
• At the time of actual receipt when delivered in person;
• At the time of actual receipt or seven Calendar Days after the postmarked date when deposited for
delivery by certified or registered mail,whichever is earlier; or
• At the time of actual receipt or three Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address
shown in the Special Provisions, unless a different address is agreed to by the Engineer, and shall be
delivered:
• In person;
• By U.S. Postal Service certified or registered mail (return receipt requested); or
• By overnight delivery service of a private industry courier.
Notices will be considered as having been received by the Engineer and Agency:
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• At the time of actual receipt when delivered in person;
• At the time of actual receipt or seven Calendar Days after the postmarked date when deposited for
delivery by certified or registered mail,whichever is earlier; or
• At the time of actual receipt or three Calendar Days after deposit with a private industry courier for
overnight delivery service,whichever is earlier.
00150.35 Plans, 3D Engineered Models,Working Drawings,and 3D Construction Models:
(a) Plans and 3D Engineered Models-The Agency-prepared Plans and 3D Engineered Models shall show
details of lines,grades,cross sections,and typical sections of the roadway,as well as the locations and design
details of structures.
(b) Working Drawings and 3D Construction Models-The Contractor shall supplement the Agency-
prepared Plans and 3D Engineered Models with stamped Working Drawings, unstamped Working Drawings,
or 3D Construction Models that provide all information necessary to complete the Work. The applicable
Section or Subsection of the Standard Specifications will indicate the supplemental information required and
whether the drawings must be stamped or unstamped. Stamped Working Drawings, unstamped Working
Drawings, and 3D Construction Models are defined as follows:
(1) Stamped Working Drawings-Working Drawings, calculations, and other data prepared by, or
under the direction of, a Professional Engineer licensed in the State of Oregon, bearing 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.
(3) 3D Construction Models-See 00110.20.
(c) Number,Size,and Format of Working Drawings and 3D Construction Models-The Contractor shall
submit Working Drawings and 3D Construction Models 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. Drawing dimensions shall be 8 1/2 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.
The Contractor shall not submit 3D Construction Model data in paper format.
(2) Electronic Submittal-The Contractor shall submit electronic Working Drawings as directed by the
Engineer. The Contractor shall submit 3D Construction Model data in LandXML format or as directed
by the Engineer.
(d) Processing Working Drawings and 3D Construction Models-The Engineer will process Working
Drawings and 3D Construction Models 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.
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(3) 3D Construction Models-3D Construction Models will be designated as"approved","approved as
noted",or"returned for correction"by the Engineer. If 3D Construction Models are returned for correction
by the Engineer, the Contractor shall address all comments and resubmit the 3D Construction Models.
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 Contractor shall not begin construction activities that will utilize a 3D Construction Model until the Engineer
has processed the model and designated it as"approved"or"approved as noted".
The Engineer's processing of the Working Drawings and 3D Construction Models does not amend any
contractual obligations of the parties.
The Engineer will process and return Working Drawings and 3D Construction Models 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 or models 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 or 3D
Construction Models to the Engineer, the Engineer will process and return the Working Drawings or 3D
Construction Models within 21 Calendar Days(65 Calendar Days if Railroad approval is required)after receipt
of the resubmitted Working Drawings or 3D Construction Models by the Engineer.
00150.36 Submittals:
(a) Description - Submittals covered by these requirements include manufacturers' information, shop
drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous Work-related
submittals. Submittals shall also include, but not be limited to, all mechanical, electrical and electronic
equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit details. The
Contractor shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods,
schedules, and manufacturer's installation and warranty information and other instructions as specifically
required in the Contract Documents to demonstrate fully that the materials and equipment to be furnished and
the methods of work comply with the provisions and intent of the Contract Documents.
(b) Contractor's Responsibilities
(1) The Contractor shall be responsible for the accuracy and completeness of the information
contained in each submittal and shall assure that the material, equipment or method of work shall be
as described in the submittal. The Contractor shall verify that all features of all products conform to
the specified requirements. Submittal documents shall be clearly edited to indicate only those items,
models,or series of equipment,which are being submitted for review. All extraneous materials shall
be crossed out or otherwise obliterated. The Contractor shall ensure that there is no conflict with
other submittals and notify the Engineer in each case where his submittal may affect the work of
another contractor or the Agency. The Contractor shall coordinate submittals among its
subcontractors and suppliers including those submittals complying with unit responsibility
requirements specified in applicable technical sections.
(2) The Contractor shall coordinate submittals with the Work so that Work will not be delayed. It
shall coordinate and schedule different categories of submittals, so that one will not be delayed for
lack of coordination with another. No extension of time will be allowed because of failure to properly
schedule submittals. The Contractor shall not proceed with Work related to a submittal until the
submittal process is complete. This requires that submittals for review and comment shall be
returned to the Contractor with the indication"No Exceptions Taken"or"Make Corrections Noted."
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(3) Submittals shall be carefully reviewed by an authorized representative of the Contractor prior to
submission to the Engineer. Each submittal shall be dated and signed by the Contractor as being
correct and in strict conformance with the Contract Documents. In the case of Shop Drawings,each
sheet shall be so dated and signed. Any deviations from the Contract Documents shall be noted by
the Contractor on the transmittal form and such deviation shall be subject to approval in writing by
the Engineer. The Engineer will only review submittals that have been so verified by the Contractor.
Non-verified submittals will be returned to the Contractor without action taken by the Engineer, and
any delays caused thereby shall be the total responsibility of the Contractor.
(4) The Contractor shall certify on each submittal document that it has reviewed the submittal,
verified field conditions, and complied with the contract documents.
(5) The Contractor may authorize in writing a material or equipment supplier to deal directly with the
Engineer or with the Agency with regard to a submittal. These dealings shall be limited to contract
interpretations to clarify and expedite the Work.
(c) Shop Drawings and Product Submittals
(1) Wherever called for in the Contract Documents or where required by the Engineer, the
Contractor shall furnish to the Engineer for review, five (5) copies plus one reproducible copy or
electronic file,of each Shop Drawing or Product submittal. Shop Drawings may include detail design
calculations, shop-prepared drawings, fabrication and installation drawings, erection drawings, lists,
graphs,catalog sheets,data sheets,and similar items. If a list,graph,catalog sheet,data sheet,etc.
includes more than one item, clearly mark which item is the subject of the submittal. Shop Drawings
shall bear the signature and seal of an engineer registered in the appropriate branch and in the state
of Oregon, unless otherwise indicated. Whenever the Contractor is required to submit design
calculations as part of a submittal,such calculations shall bear the signature and seal of an engineer
registered in the appropriate branch and in the state of Oregon, unless otherwise indicated.
(2) Shop Drawing and Product submittals shall be accompanied by the Engineer's standard
submittal transmittal form, a reproducible copy of which is available from the Engineer. A submittal
without the form or where applicable items on the form are not completed will be returned for
resubmittal.
(3) Organization
• A single submittal transmittal form shall be used for each technical specification section
or item or class of material or equipment for which a submittal is required. A single submittal
covering multiple sections will not be acceptable, unless the primary specification
references other sections for components. Example: if a pump section references other
sections for the motor, shop-applied protective coating, anchor bolts, local control panel,
and variable frequency drive, a single submittal would be acceptable. A single submittal
covering vertical turbine pumps and horizontal split case pumps would not be acceptable.
• On the transmittal form, index the components of the submittal and insert tabs in the
submittal to match the components. Relate the submittal components to specification
paragraph and subparagraph,Drawing number,detail number,schedule title,room number,
or building name, as applicable.
• Unless indicated otherwise, terminology and equipment names and numbers used in
submittals shall match those used in the Contract Documents.
(4) Format
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• Minimum sheet size shall be 8.5 inches by 11 inches. Maximum sheet size shall be 22
inches by 34 inches. Every page in a submittal shall be numbered in sequence. Each copy
of a submittal shall be collated and stapled or bound,as appropriate. The Engineer will not
collate sheets or copies.
• Where product data from a manufacturer is submitted, clearly mark which model is
proposed, with complete pertinent data capacities, dimensions, clearances, diagrams,
controls,connections,anchorage,and supports. Sufficient level of detail shall be presented
for assessment of compliance with the Contract Documents.
• Each submittal shall be assigned a unique number. Submittals shall be numbered
sequentially, and the submittal numbers shall be clearly noted on the transmittal. Original
submittals shall be assigned a numeric submittal number (e.g., 25). If submittal "25"
requires a resubmittal, the first resubmittal will bear the designation "25.A"and the second
resubmittal will bear the designation "25.B"and so on.
• If there is a follow-up submittal related to a previously submitted class of material or type
of equipment (e.g., follow-up submittal to submittal "25"), it shall be assigned the number
"25.1". If submittal "25.1" requires a resubmittal, the first resubmittal will bear the
designation "25.1.A" and the second resubmittal will bear the designation "25.1.B" and so
on.
Disorganized submittals that do not meet the requirements of the Contract Documents will be
returned without review.
(5) Except as may otherwise be indicated, the Engineer will return prints of each submittal to the
Contractor with comments noted thereon, within 21 Days following receipt by the Engineer. It is
considered reasonable that the Contractor will make a complete and acceptable submittal to the
Engineer by the first resubmittal on an item. The Agency reserves the right to withhold monies due
to the Contractor to cover additional costs of the Engineer's review beyond the first resubmittal.
Engineer's cost for submittal review beyond the first resubmittal is provided in the Special Provisions.
The Engineer's maximum review period for each submittal or resubmittal will be 21 Days.
(6) If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN,"formal revision
and resubmission will not be required.
(7) If a submittal is returned marked "MAKE CORRECTIONS NOTED," Contractor shall make the
corrections on the submittal, but formal revision and resubmission will not be required,except where
specifically required by Engineer as indicated on the submittal review form.
(8) If a submittal is returned marked "AMEND-RESUBMIT,"the Contractor shall revise it and shall
resubmit the required number of copies to the Engineer for review. Resubmittal of portions of multi-
page or multi-drawing submittals will not be allowed. For example, if a Shop Drawing submittal
consisting of 10 drawings contains one drawing noted as"AMEND-RESUBMIT,"the submittal as a
whole is deemed "AMEND-RESUBMIT,"and 10 drawings are required to be resubmitted.
(9) If a submittal is returned marked "REJECTED-RESUBMIT," it shall mean either that the
proposed material or product does not satisfy the specification, the submittal is so incomplete that it
cannot be reviewed, or is a substitution request not submitted in accordance with the General
Conditions. In the first two cases,the Contractor shall prepare a new submittal and shall submit the
required number of copies to the Engineer for review. In the latter case,the Contractor shall submit
the substitution request according to the General Conditions.
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(10)Resubmittal of rejected portions of a previous submittal will not be allowed. Every change from
a submittal to a resubmittal or from a resubmittal to a subsequent resubmittal shall be identified and
flagged on the resubmittal.
(11)Fabrication of an item may commence only after the Engineer has reviewed the pertinent
submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or
"MAKE CORRECTIONS NOTED". Corrections indicated on submittals shall be considered as
changes necessary to meet the requirements of the Contract Documents and shall not be taken as
changes to the Contract requirements.
(12) Corrections or comments made on the Contractor's Shop Drawings during review do not relieve
the Contractor from compliance with Contract Drawings and Specifications. Review is for
conformance to the design concept and general compliance with the Contract Documents only. The
Contractor is responsible for confirming and correlating quantities and dimensions, fabrication
processes and techniques,coordinating Work with the trades,and satisfactory and safe performance
of the Work.
(d) Quality Control (QC)Submittals
(1) Quality control submittals are defined as those required by the Specifications to present
documentary evidence to the Engineer that the Contractor has satisfied certain requirements of the
Contract Documents.
(2) Unless otherwise indicated, QC submittals shall be submitted:
• Before delivery and unloading,for the following types of submittals:
o Manufacturers'installation instructions
o Manufacturers'and Installers'experience qualifications
o Ready mix concrete delivery tickets
o Design calculations
o Affidavits and manufacturers' certification of compliance with indicated product
requirements
o Laboratory analysis results
o Factory test reports
• For the following types of submittals, the manufacturer's field representative shall submit a
draft certification prior to leaving the Project site and a final certification within seven days of the
event documented:
o Manufacturers'field representative certification of proper installation
• Within 30 Days of the event documented for the following types of submittals:
o Field measurement
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o Field test reports
o Receipt of permit
o Receipt of regulatory approval
(3) The Engineer will record the date that a QC submittal was received and review it for compliance
with submittal requirements, but the review procedures above for Shop Drawings and samples will
not apply.
(e) Deferred Submittals to Agency
(1) For the purposes of this section, Deferred Submittals are defined as those portions of the Project
that are Contractor-designed and must be submitted to the Agency's building official for approval and
to meet Building Permit plan review requirements. See Special Provisions
(2) The Engineer will schedule a pre-submittal conference with the Contractor and Agency's building
official to discuss proposed Deferred Submittal items, requirements, and review schedule.
(3) The Contractor shall list the Deferred Submittals on the title or cover sheet of the Drawings for
submission to the Agency and shall state the design criteria/assumptions of the Deferred Submittal
items on the plans. Deferred Submittals shall include details for connection of materials to the
structure and calculations showing that the specified structural requirements are met.
(4) The Contractor shall submit Deferred Submittals to the Engineer for review for general
conformance to the design of the structure. The Engineer is not responsible for coordination of
Deferred Submittal components with Contract Documents. Review does not lessen nor shift burden
or responsibility from Contractor or assigned subcontractor/supplier to the Agency or Engineer. The
Engineer shall determine that the Deferred Submittals are in general conformance with the design,
and shall forward the Deferred Submittals to the building official. Contractor is responsible, with no
exceptions, to ensure that the Deferred Submittal review will not adversely affect Project's
construction schedule. The Deferred Submittal items shall not be installed by the Contractor until the
design and Deferred Submittals have been approved by the building official.
(f) Effect of Review of Contractor's Submittals
(1) Review of Contract drawings,methods of work,or information regarding materials or equipment
the Contractor proposes to provide, shall not relieve the Contractor of its responsibility for errors
therein and shall not be regarded as an assumption of risks or liability by the Agency,or by any officer
or employee thereof, and the Contractor shall have no claim under the contract on account of the
failure,or partial failure, of the method of work, material, or equipment so reviewed. An indication of
"NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the Agency or
Engineer has no objection to the Contractor, upon its own responsibility, using the plan or method of
Work proposed, or providing the materials or equipment proposed.
00150.37 Equipment Lists and Other Submittals-The Contractor shall submit Equipment lists, and other
required submittals for approval by the Engineer. With each submittal,the Contractor shall clearly identify the
applicable specification sub-section and the product make, model,size and proposed options.
00150.40 Cooperation and Superintendence by the Contractor-The Contractor is responsible for full
management of all aspects of the Work, including superintendence of all Work by Subcontractors, Suppliers,
and other providers. The Contractor shall appoint a single Superintendent and may also appoint alternate
Superintendents as necessary to control the Work. The form of appointment of the alternate shall state, in
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writing, the alternate's name, duration of appointment in the absence of the Superintendent, and scope of
authority. The Contractor shall:
• Provide for the cooperation and superintendence on the Project by:
• Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work,
added Work, or changed Work.
• Allowing the Engineer reasonable access to the Contractor's books and records at all times. To the
extent permitted by public records laws, the Engineer will make reasonable efforts to honor the
Contractor's request for protection of confidential information.
• Keeping one complete set of Contract Documents on the Project Site at all times, available for use by
all the Contractor's own organization, and by the Engineer if necessary.
• Appoint a single Superintendent and any alternate Superintendent who shall meet the following
qualifications:
• Appointees shall be competent to manage all aspects of the Work.
• Appointees shall be from the Contractor's own organization.
• Appointees shall have performed similar duties on at least one previous project of the size, scope
and complexity as the current Contract.
• Appointees shall be experienced in the types of Work being performed.
• Appointees shall be capable of reading and thoroughly understanding the Contract Documents.
• The appointed single Superintendent, or any alternate Superintendent shall:
• Be present for all On-Site Work, regardless of the amount to be performed by the Contractor,
Subcontractors, Suppliers, or other providers, unless the Engineer provides prior approval of the
Superintendent's or alternate Superintendent's absence.
• Be equipped with a two-way radio or cell phone capable of communicating throughout the project
during all the hours of Work on the Project Site and be available for communication with the Engineer.
• Have full authority and responsibility to promptly execute orders or directions of the Engineer.
• Have full authority and responsibility to promptly supply the Materials, Equipment, labor, and
Incidentals required for performance of the Work.
• Coordinate and control all Work performed under the Contract, including without limitation the Work
performed by Subcontractors, Suppliers, and Owner and operators.
• Diligently pursue progress of the Work according to the schedule requirements of Section 00180.
• Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the
Work.
• Provide all assistance reasonably required by the Engineer to obtain information regarding the
nature, quantity, and quality of any part of the Work.
• Provide access,facilities and assistance to the Engineer in establishing such lines,grades and points
as the Engineer requires.
• Carefully protect and preserve the Engineer's benchmarks and horizontal control locations, including
marks and stakes.
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.
If the Contractor fails or neglects to provide a Superintendent, or an alternate Superintendent, and no prior
approval has been granted,the Engineer has the authority to suspend the Work according to 00180.70. Any
continued Work by the Contractor, Subcontractors, Suppliers, or other providers may be subject to rejection
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and removal. The Contractor's repeated failure or neglect to provide the superintendence required by these
provisions constitutes a material breach of the Contract,and the Engineer may impose any remedies available
under the Contract, including, but not limited to, Contract termination.
00150.50 Cooperation with Utilities:
(a) General-As specified in the Special Provisions or as shown 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's Responsibilities-Before Bids are received, the Agency will make preliminary arrangements
for planned Adjustment of Utilities. The Agency will list in the Special Provisions the estimated completion
dates or times for adjustment work by the Utility owner, and will include a general statement describing any
relocation. 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. 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;
• Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect the Utility
from damage or disturbance and promptly notify the Engineer;
• Determine the exact location before excavating within the tolerance zone according to
OAR 952-001-0090(3)(c);
• Backfill any exposed Utilities as recommended and approved by the Utility representative. Obtain
Utility locate warning tape from the Utility and replace damaged or removed warning tape. Utility
locate warning tape may not be present at all existing Utilities;
• Stake, place warning tape, and maintain no work limits around critical Utility facilities as shown or
directed by the Engineer and the Utility;
• 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
• Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility
adjustment.
Subject to the Engineer's approval, the Contractor may propose adjustments to 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.
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(d) Notification—This Project is located within the area served by 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 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.
00150.53 Utilities and Existing Improvements:
(a) General — Information shown on the Plans as to the location of existing water courses and utilities has
been compiled from available sources and may not be accurate. The Contractor shall determine the location
and nature of affected water courses, utilities and underground improvements prior to commencing Work.
The Contractor shall provide for the flow of water courses and essential utilities that may be interrupted during
the progress of the Work and shall restore such water courses or utilities after completion of the Work.
The Contractor shall be responsible for exploratory excavations as it deems necessary to determine the exact
locations and depths of utilities which may interfere with Work. All such exploratory excavations shall be
performed as soon as practicable after Notice to Proceed and, in any event, a sufficient time in advance of
construction to avoid possible delays to the Contractor's progress. When such exploratory excavations show
the utility location as shown on the Plans to be in error,the Contractor shall so notify the Engineer.
The number of exploratory excavations required shall be that number which is sufficient to determine the
alignment and grade of the utility. Unless otherwise provided in the Special Provisions, all potholing and
exploratory work shall be incidental to the Work and no separate payment shall be made therefore.
The Contractor shall coordinate project construction with the adjustment of utilities, take all necessary
precautions to prevent disturbing the utilities, and perform work so that utility owners and users are caused a
minimum of inconvenience.
The Contractor shall protect underground utilities and other improvements which may be impaired during
construction operations, regardless of whether or the not the utilities are indicated on the Plans. The
Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for
uninterrupted service and to provide such special protection as may be necessary.
To ease or streamline the work,the Contractor may desire to adjust the utilities by asking the utility owners to
move, remove, or alter their equipment in ways other than those shown on the Plans or in the Contract
Documents. The Contractor shall conduct the negotiations, make the arrangements, and pay all costs that
arise from such changes.
(b) Utilities to be Removed or Relocated — Where the proper completion of the Work requires the
temporary or permanent removal and/or relocation of the property of any public utility or franchise holder,such
utility company or franchise holder shall be notified by the Contractor to remove or relocate such property
within a specified reasonable time. When utility lines that are to be removed or relocated are encountered
within the area of operations,the Contractor shall notify the utility company and the Engineer a sufficient time
in advance for the necessary measures to be taken to prevent the interruption of service.
(c) Underground Utilities and Improvements Indicated — Existing utility lines and underground
improvements that are indicated or the locations of which are made known to the Contractor prior to excavation
and that are to be retained, and all utility lines and underground improvements that are encountered during
excavation operations shall be protected from damage during excavation and backfilling and, if damaged,
shall be immediately repaired or replaced by the Contractor, unless otherwise repaired by the owner of
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damaged utility. If the owner of the damage facility performs its own repairs, the Contractor shall reimburse
said owner for the costs of repair.
(d) Underground Utilities and Improvements Not Indicated— In the event that the Contractor damages
existing utility lines or underground improvements that are not indicated in the Plans or marked in the field, or
are not indicated or marked with reasonable accuracy, or the locations of which are not made known to the
Contractor prior to excavation,the Contractor shall immediately provide a verbal report of such damage to the
Engineer,and provide a written report thereof promptly thereafter. The Contractor shall immediately notify the
owner of the damaged utility. If directed by the Engineer, repairs shall be made by the Contractor under the
provisions for changes and extra work contained in the General Conditions.
This subsection applies only to public main line utilities. For service lines to private property, see Subsection
00150.53(e).
For purposes of this section, "reasonable accuracy" is defined as within two (2)feet from the outside lateral
dimensions of both sides of an underground utility or facility from actual location. No representation shall be
made concerning the accuracy of vertical elevations of existing utilities, even if indicated in the plans, and no
additional payment will be made for damage to utilities encountered at depths differing from those indicated.
(e) Underground Services Indicated or Not—If service lines are encountered,whether shown, marked or
not,the Contractor shall take precautions to carefully work around them and repair them if they are damaged
by the Contractor,at no additional cost to the Agency. For purposes of this subsection,service lines to private
property are defined as:
• Sanitary sewer service laterals of 6-inch diameter or less
• Water service lines of 2-inch diameter or less.
(f) Approval of Repairs—All repairs to a damaged utility or improvement shall be inspected and approved
by an authorized representative of the utility or improvement owner,and accepted by the Agency before being
concealed by backfill or other Work.
(g) Agency's Right of Access—The right reserved to the Agency and to the owners of public utilities and
franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of
making changes in their property made necessary by the Work of this Contract.
00150.55 Cooperation with Other Contractors -The Agency reserves the right to perform other work on
or near the Project Site, including, without limitation, any Materials site, with forces other than those of the
Contractor. See Special Provisions
If such work takes place on or near the Project Site,the Contractor shall have the following obligations:
• The Contractor shall coordinate Work with other contractors or forces.
• The Contractor shall cooperate in good faith with all other contractors or forces.
• The Contractor shall perform the Work specified in the Contract in a way that will minimize interference
and delay for all forces involved.
• The Contractor shall place and dispose of the Materials being used so as not to interfere with the
operations of other forces.
• The Contractor shall join the Work with that of other forces in a manner acceptable to the Engineer or
the Agency, and shall perform it in the accepted sequence with the work of the other force.
The Engineer will resolve any disagreements under this Subsection that may arise among the Contractor and
other work forces, or between the Contractor and the Agency. The Engineer's decision in these matters is
final, as provided in 00150.00.
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When the schedules for Work of the Contractor and the work of other forces overlap,each contractor involved
shall submit a current,realistic progress schedule to the Engineer. Before the Engineer accepts the schedule,
each party shall have the opportunity to review all schedules. After this review and any necessary
consultations,the Engineer will determine acceptable schedules.
The Contractor waives any right it may have to make claims against the Agency for any damages or claims
that may arise because of inconvenience,delay,or loss due solely to the presence of other contractors working
on or near the Project Site.
If the Contract gives notice of work to be performed by other forces that may affect the Contractor's Work
under the Contract, the Contractor shall include any costs associated with coordination of the Work in the
appropriate Pay Item or as a portion of a Pay Item.
In an emergency, the Contractor most immediately able to respond may repair a facility or Utility of another
contractor in order to prevent further damage to the facility, Utility, or other Structure as a result of the
emergency.
00150.60 Construction Equipment Restrictions:
(a) Load and Speed Restrictions for Construction Vehicles and Equipment-
The Contractor shall comply with legal weight and speed restrictions when moving Materials or Equipment
beyond the limits of the Project Site.
The Contractor shall control vehicle and Equipment loads and speeds within the Project Site according to the
following restrictions, unless the Special Provisions provide otherwise:
• The Contractor shall restrict loads and speeds as necessary to avoid displacement or loss of
Materials on Subgrades and Aggregate Bases.
• The Contractor shall restrict weights to legal loads, and shall travel at speeds of no more than 45
mph or the posted construction speed, whichever is less, on treated Bases, Pavement, or wearing
Courses.
• The Contractor shall not cross Bridges or other Structures with Equipment or vehicles exceeding the
legal load limit without prior written permission of the Engineer. The Contractor shall make any such
request in writing,describing the loading details and the arrangement,movement,and position of the
Equipment on the Structure. The Contractor shall comply with any restrictions or conditions included
in the Engineer's written permission.
(b) Protection of Buried Items-The Contractor shall use temporary fill or other methods to avoid overload
of pipes, box culverts, and other items that are covered, or to be covered, by fill or backfill.
(c) Responsibility for Damages-The Contractor shall assume responsibility for damages caused by
excessive Equipment speed or loads while performing the Work, both inside and outside the Project Site. The
Engineer's permission to cross Bridges and other Structures, according to 00150.60(a), will not relieve the
Contractor from responsibility for load-caused damages.
00150.70 Detrimental Operations-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, structures, or 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.
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00150.75 Protection and Maintenance of Work During Construction -The Contractor shall protect and
maintain the Work during construction and until Third Notification has been issued, unless otherwise provided
in the Contract. For the purposes of this Subsection, "maintenance" shall include measures to prevent
deterioration of Roadway and Structures at the Project Site, and to keep them in good condition at all times
during the prosecution of the Work. The Contractor shall continuously allocate sufficient Equipment and
workers to achieve such maintenance.
If the Contract requires the placement of a Course upon a previously constructed Course or Subgrade, the
Contractor shall maintain the previous Course or Subgrade during all construction operations.
The Contractor shall include costs of protecting and maintaining the Work during construction in the unit prices
bid for the various Pay Items. The Contractor will not be paid an additional amount for this Work, unless
otherwise specified.
The Engineer will timely notify the Contractor of the Contractor's noncompliance with this Subsection. If the
Contractor fails to remedy unsatisfactory protection or maintenance within 24 hours after receipt of such notice,
the Engineer may proceed to remedy the deficiency,and deduct the entire cost from monies due or to become
due the Contractor under the Contract.
00150.80 Removal of Unacceptable and Unauthorized Work-The Contractor shall correct or remove
unacceptable Work and remove unauthorized work, as directed by the Engineer in writing. The Contractor
shall replace such work with Work and Materials conforming to the requirements of the Contract.
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. 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.
00150.90 Final Inspection:
(a) On-site Construction Work-The Engineer will inspect the Project at a time close to the completion of
On-Site Work for Contractor's compliance with the Contract Documents.
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), including notification of
required corrective work(punch list)to be completed prior to Engineer's issuance of Third Notification (Final
Completion).
Within 15 Calendar Days after the Engineer receives the Contractor's written notification that all punch list
items, final trimming and cleanup according to 00140.90 have been completed, the Engineer will review the
Project and notify the Contractor that all Work is complete, or within 15 Calendar Days of inspection 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:
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• 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,other than that incorporated into the Work; and
• The Contractor has submitted all required certifications,bills,forms,warranties and other documents.
• The Contractor has submitted complete and acceptable"As-Built"drawings as specified in 00140.95.
• Contractor has submitted the Final GFE Form 3 to cover all punch list item work.
00150.91 Post-Construction Review-The Contractor or the Engineer may request a Post-Construction
Review meeting, to be held at a time prior to issuance of Third Notification but not earlier than 15 Days
following the date 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.
00150.95 Final Acceptance-After the Engineer completes Final Inspection of all Work including all
corrective work identified by the Agency during the Correction Period, the Agency will acknowledge Final
Acceptance. The Agency will notify the Contractor in writing of the date of Final Acceptance within
seven Calendar Days after Final Acceptance, or as soon thereafter as is practicable.
00150.96 Maintenance Warranties and Guarantees-Prior to Third Notification, the Contractor shall
transfer to the Agency all unexpired manufacturers', suppliers' and installers' warranties and guarantees for
Materials and Equipment installed on the Project. Such warranties and guarantees shall recite that they are
enforceable by the Agency.
00150.97 Responsibility for Materials and Workmanship:
(a) The Contractor shall perform the Work according to the terms, conditions, and requirements of the
Contract.
(b) Whether before or after the Agency's Final 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. (See 00170.80 to 00170.85)
(c) Full or partial termination of the Contract under 00180.90 shall not relieve the Contractor of responsibility
for completed or performed Work,or relieve the Contractor's Surety of the obligation for any just claims arising
from the completed or performed Work.
Section 00160 -Source of Materials
00160.00 Definitions-The following definitions apply to Section 00160:
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(a) Prospective Source-Agency-furnished Materials source,use of which by the Contractor is optional. The
Agency makes no guarantee or representation, by implication or otherwise, of the land use status, quantity,
quality, or acceptability of Materials available from it, except as may be stated in the Special Provisions.
(b) Mandatory Source-Agency-furnished Materials source, use of which by the Contractor is required.
(c) Blue Sheets- Prequalified products and submittals for qualification of electrical equipment and materials.
(d) Green Sheets-Conditionally prequalified products and submittals for conditional qualification of
controller equipment.
(e) Red Sheets-Statewide list of certification exempt traffic management systems components pursuant to
ORS 479.540 and OAR 918-261-0037.
00160.01 Notification of Source of Supply and Materials:
(a) All Materials-The Contractor shall notify the Engineer in writing of all proposed Materials sources of
supply, including,without limitation, any steel or other fabricators within the following time frames:
• At least 15 Calendar Days before using or fabricating Materials, if the source is within the State; or
• At least 45 Calendar Days before using or fabricating Materials, if the source is outside the State
The Contractor shall identify if the material source is a DBE or non-DBE. For DBE Suppliers, the Contractor
shall identify an estimated value of the materials to be supplied. For each committed DBE Supplier, the
Contractor shall submit a copy of the materials purchase order or supply agreement. For non-committed DBE
suppliers, when the estimated value is over $10,000, the Contractor shall submit a copy of the materials
purchase order or supply agreement.
For this purpose, a committed DBE firm is one that was identified by the Contractor to meet an assigned DBE
goal, including DBE firms substituting for DBE firms committed as a condition of Contract Award.
(b) Prospective Source Materials-When given an option to use Prospective Sources of Materials to be
incorporated into the Work, the Contractor shall notify the Engineer in writing of the option selected within 15
Calendar Days from date of Notice to Proceed. Otherwise, such Materials sources may become unavailable.
(c) Approval Required- Before allowing production or delivery of Materials to begin from any source, the
Contractor must obtain the Engineer's approval. Approval to use any source does not imply that Materials
from that source will be accepted. If approved sources do not provide Materials that meet Specifications,the
Materials will be rejected. The Contractor will then be responsible for locating other sources and obtaining
the Engineer's approval.
(d) Terms Required-The Contractor shall comply with 00170.07.
00160.05 Qualified Products List (QPL)-The QPL is a listing of manufactured products available on the
market (shelf items) that ODOT has evaluated and found suitable for a specified use in construction. The
QPL is available from ODOT's Construction Section website(see 00110.05(e)).
The most current published PDF version of the QPL on ODOT's Construction Section website at the time of
the Invitation for Bids advertisement shall be the version in effect for the Project. The Engineer may approve
for use a conditionally qualified product, or a product qualified for inclusion in a later edition of the QPL, if the
Engineer determines the product is acceptable for the Project.
Use of listed products shall be restricted to the category of use for which they are listed. The Contractor shall
install all products as recommended by the manufacturer. The Contractor shall replace qualified products not
conforming to Specifications or not properly handled or installed at no additional cost to the Agency.
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00160.07 Electrical Equipment and Materials:
The Blue Sheets and Green Sheets are a listing of manufactured products available on the market (shelf
items) that ODOT has evaluated and found suitable for use as electrical and controller equipment and
materials for construction. The Blue Sheets and Green Sheets are available on the ODOT Traffic-Standards
website (see 00110.05(e)). The most current version of the Blue Sheets and Green Sheets on the date of
Advertisement is the version in effect for the Project.
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.
Use of listed products shall be restricted to the category of use for which they are listed. The Contractor shall
install all products as recommended by the manufacturer. The Contractor shall replace qualified products not
conforming to the Specifications or not properly handled or installed at no additional cost to the Agency.
00160.10 Ordering, Producing, and Furnishing Materials-The Contractor shall not place orders for or
produce full quantities of Materials anticipated to be required to complete the Work until the Work has
advanced to a stage that allows the quantities to be determined with reasonable accuracy.
(a) Contractor's Duties-In purchasing, producing, or delivering Materials, the Contractor shall take into
account the following:
• Kind of work involved;
• Amount of work involved;
• Time required to obtain Materials; and
• Other relevant factors.
(b) Quantity of Materials-Materials quantities shown on the Plans,or indicated by quantities and Pay Items,
are subject to change or elimination. The Contractor is responsible for payment for excess Materials delivered
to the Project Site or storage sites. Unless otherwise specified in the Contract, the Agency will not be
responsible for:
• Materials the Contractor may deliver or produce in excess of Contract requirements;
• Extra expense the Contractor may incur because Materials were not ordered or produced earlier;or
• The Contractor's expenses related to Materials ordered by the Contractor that are not subsequently
approved for use.
00160.20 Preferences for Materials:
(a) Buy America- If federal highway funds are involved on the Project,the Contractor shall limit the quantity
of foreign Materials incorporated into the Work as follows. Section 635.410 of Title 23, Code of Federal
Regulations, and the Intermodal Surface Transportation Efficiency Act require that all iron or steel
manufacturing processes, including, without limitation, the casting of ingots, for iron or steel Materials
permanently incorporated into the Project shall occur in the United States, unless the cost of foreign-origin
iron or steel Materials does not exceed one-tenth of one percent (0.1%) of the Contract Amount or$2,500,
whichever is greater. The Contractor shall not incorporate foreign-origin iron or steel Materials in excess of
this amount into the Project. All foreign-origin iron or steel Materials incorporated in the Project in excess of
the amount indicated above shall be removed and replaced with domestic iron or steel Materials at the
Contractor's expense. For purposes of this Specification,the cost of foreign-origin iron or steel Materials shall
be the value of the iron or steel products as of the date they are delivered to the Project Site.
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Manufacturing processes include without limitation the application of coatings to finished iron or steel products
or components. Coatings include epoxy coating, galvanizing, painting, and any other coating that protects or
enhances the value of the steel or iron product or component.
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished by the
Engineer, before incorporating any iron or steel products into the Project. Unless a Certificate of Materials
Origin has been provided to the Engineer,the Materials shall be considered of foreign origin.
The Contractor shall retain manufacturers'certificates verifying the origin of all domestic iron or steel Materials
for 3 years after the date of final payment for the Project,and shall furnish copies to the Engineer upon request.
See Special Provision
The Contractor shall include this provision in all subcontracts.
(b) Buy Oregon -According to ORS 279A.120, the Contractor shall give preference to goods or services
produced in Oregon if price, fitness, availability, and quality are equal. This provision does not apply to
Contracts financed wholly or in part by federal funds.
(c) Recycled Materials-According to ORS 279A.010,ORS 279A.125,ORS 279A.145,ORS 279A.150,and
ORS 279A.155,and subject to the approval of the Engineer,the Contractor shall use recycled products to the
maximum extent economically feasible.
(d) Build America Buy America Act Requirements- If federal highway funds are involved on the Project,
the Contractor shall comply with the Build America Buy America Act and implementing regulations
(Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy
America Act("the Act"). Pub. L. No. 117-58, Sections 70901-70941).
The Build America Buy America Act requirements apply to construction materials permanently incorporated
in the Project. All construction materials permanently incorporated in the Project must be produced in the
United States.
Construction materials include an article, Material, or supply that is or consists primarily of only one of the
following,with the standard for the material to be considered "produced in the United States":
• Non-ferrous metals-All manufacturing processes, from initial smelting or melting through final
shaping, coating, and assembly, occurred in the United States.
• Plastic and polymer-based products (including polyvinylchloride, composite building
materials, and polymers used in fiber optic cables)-All manufacturing processes, from initial
combination of constituent plastic or polymer-based inputs, or, where applicable, constituent
composite materials, until the item is in its final form, occurred in the United States.
• Glass(including optic glass)-All manufacturing processes,from initial batching and melting of raw
materials through annealing,cooling, and cutting,occurred in the United States.
• Fiber optic cable(including drop cable)-All manufacturing processes,from the initial ribboning (if
applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All
manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous
metals, plastic and polymer-based products, or any others.
• Optical fiber-All manufacturing processes, from the initial preform fabrication stage through the
completion of the draw, occurred in the United States.
• Lumber-All manufacturing processes, from initial debarking through treatment and planning,
occurred in the United States.
• Drywall-All manufacturing processes,from initial blending of mined or synthetic gypsum plaster and
additives through cutting and drying of sandwiched panels, occurred in the United States.
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• Engineered wood-All manufacturing processes from the initial combination of constituent materials
until the wood product is in its final form, occurred in the United States.
The classification of an article, material, or supply as construction material is based on its status at the time it
is brought to the work site for incorporation in the Project. In general,the work site is the location of the Project
at which the construction materials will be incorporated.
Manufactured products assembled outside the Project Site are not subject to the Build America Buy America
requirements. Manufactured products means articles, materials, or supplies that have been:
• Processed into a specific form and shape; or
• Combined with other articles, materials, or supplies to create a product with different properties than
the individual articles, materials, or supplies.
The USDOT issued a Public Interest Waiver for De Minimis Costs and Small Grants. The final waiver can be
viewed here:
https://www.federalregister.gov/documents/2023/08/16/2023-17602/waiver-of-buy-america-requirements-for-
de-minimis-costs-and-small-grants and this waiver applies to Materials covered by the Build America Buy
America Act.
The public interest waiver is for manufactured products and construction materials for which:
• The total value of the non-compliant products (foreign or unknown origin) is no more than the lesser
of$1,000,000 or 5%of total applicable costs for the project*;or
• The total amount of Federal financial assistance applied to the project,through awards or subawards,
is below$500,000.
*The "total value of the non-compliant products" includes construction materials only. The "total applicable
costs"includes construction materials, iron and steel, and manufactured products. The value of materials are
the actual cost of the materials, not the anticipated cost of materials. Furthermore, this bullet does not apply
to iron and steel subject to the requirements of 23 U.S.C. 313. The de minimis threshold in 23 CFR
635.410(b)(4)continues to apply for steel and iron. (See 00160.20(a).)
Strict compliance with the Build America, Buy America domestic preferences is required, except to the extent
the above public interest waiver applies.The Contractor shall not incorporate construction materials in excess
of this amount into the Project. All foreign origin construction Materials incorporated in the Project in excess
of the amount indicated above shall be removed and replaced with domestic construction Materials at the
Contractor's expense.
All of the manufacturing processes must occur in the United States for the applicable construction materials
permanently incorporated in the Project as listed below.
Construction materials include an article, Material, or supply that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and
polymers used in fiber optic cables);
• glass;
• lumber; or
• drywall.
The Contractor shall provide the Engineer with a Certificate of Materials Origin, on a form furnished by the
Engineer, before incorporating any applicable construction materials into the Project. Unless a Certificate of
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Materials Origin has been provided to the Engineer,the products and Materials shall be considered of foreign
origin.
No de minimis amount has been established for applicable construction materials permanently incorporated
into the Project. Strict compliance is required.
The Contractor shall retain manufacturers' certificates verifying the origin of all applicable construction
materials for 3 years after the date of final payment for the Project, and shall furnish copies to the Engineer
upon request.
Manufactured products assembled outside the Project Site are not subject to the Build America Buy America
requirements. Manufactured products are items that consist of two or more of the listed construction materials
that have been combined together through a manufacturing process, and items that include at least one of
the listed construction materials combined with a Material that is not listed through a manufacturing process,
and should be treated as manufactured products, rather than as construction materials.
Iron and steel Materials and manufactured products that are predominately iron or steel are subject to
00160.20(a).
The Contractor shall include this provision in all subcontracts.
00160.21 Cargo Preference Act Requirements- If federal highway funds are involved on the Project, the
Contractor shall comply with the Cargo Preference Act and implementing regulations (46 CFR Part 381)for
use of United States flag ocean vessels transporting materials or equipment acquired specifically for the
Project. Strict compliance is required, including, but not limited to, the clauses in 46 CFR 381.7(a) and (b),
which are incorporated by reference. The Contractor shall also include this provision in all subcontracts.
00160.30 Agency-Furnished Materials- Unless otherwise specified in the Special Provisions, Materials
listed as Agency-furnished will be available to the Contractor free of charge.
The Contractor shall be responsible for all Materials furnished by the Agency and shall pay all demurrage and
storage charges. The Contractor shall replace at its expense Agency-furnished Materials lost or damaged
due to any cause.
The locations at which Agency-furnished Materials are available will be specified in the Special Provisions. If
the locations are not listed in the Special Provisions, the Agency-furnished Materials will be furnished to the
Contractor at the Project Site. In either case, all costs of handling, hauling, unloading, and placing Agency-
furnished Material shall be considered included in the price paid for the Pay Item involving such Material.
All Agency-furnished Materials not incorporated into the Work remains the property of the Agency. The
Contractor shall deliver such Materials as directed by the Engineer.
00160.50 Agency-Controlled Land; Limitations and Requirements:
(a) General-The Contractor shall have no property rights in, or right of occupancy on, Agency-Controlled
Land. Nor shall the Contractor have the right to sell, use, remove, or otherwise dispose of any material from
Agency-Controlled Land, areas, or property, except as specified in the Special Provisions or by the written
authorization of the Engineer.
Unless authorized in the Contract, the Contractor shall not disturb any material within Rights-of-Way without
written authorization from the Engineer.
Unless otherwise specified in the Contract, the ownership of all materials originating on Agency-Controlled
Lands will at all times vest in,and remain within the control of, the Agency.
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(b) Waste, Excess, and By-Product Materials-All waste, excess, and by-product materials, collectively
referred to in this Subsection as"By-Products",from the manufacture or production of Materials from Agency-
Controlled Lands shall remain Agency property. Unless otherwise ordered by the Engineer in writing,
By-Products shall be placed as required in the Special Provisions:
• In stockpiles at designated locations;
• At locations and in shapes that are readily accessible; and
• In such a manner as to avoid fouling areas containing useable materials, or interfering with future
plant setups to use materials from the property.
The Agency will not compensate the Contractor for handling and stockpiling By-Products according to the
Special Provisions requirements. If by written order the Engineer directs the Contractor to stockpile or place
designated By-Products at alternate sites,the By-Products designated shall be loaded,hauled,and placed as
directed, and this work will be paid for according to 00195.20.
00160.60 Contractor-Furnished Materials and Sources::
(a) General-The Contractor shall furnish, at its own expense, all products and Materials required for the
Project from sources of its own choosing, unless such sources have been specified in the Special Provisions
or Plans as Prospective or Mandatory Sources.
(b) Acquisition of Sources-The Contractor shall acquire, at its own expense, the rights of access to, and
the use of, all sources the Contractor chooses that are not Agency-controlled and made available by the
Agency to the Contractor.
(c) Additional Requirements- Except for continuously-operated commercial sources,Work shall not begin,
nor will any Materials be accepted by the Engineer, until the Contractor has:
(1) Given to the Engineer a copy of permits from, or proof that permits are not required from:
• The Department of Geology and Mineral Industries, as required under ORS 517.790;
• The Department of State Lands, as required under ORS 196.815 (when removing material from
the bed or banks of any waters or from any Wetland); and
• Local governmental authorities having jurisdiction over land use at the source location.
(2) Furnished to the Engineer written approval of the property owner, if other than the Contractor, for
the Contractor's proposed plans of operation in, and reclamation of, the source. The Contractor shall
include in the document containing the property owner's written approval a summary of the requirements
of the permits described above,which shall be subject to the Engineer's approval.
00160.70 Requirements for Plant Operations-Before operating mixing plants, Rock crushers, or other
Equipment, the Contractor shall provide the Engineer copies of all applicable discharge permits for noise, air
contaminants,and water pollutants from DEQ or applicable local jurisdictions,or a letter from DEQ or the local
jurisdiction stating that no permits are required for the use of the Equipment and sites.
00160.80 Requirements for Sources of Borrow and Aggregate-The Contractor shall conduct operations
according to all applicable federal, State, and local laws (including, without limitation, ORS 517 and
OAR 632-030)when developing, using, and reclaiming all sources of Borrow material and Aggregate. The
Contractor shall provide erosion control at Borrow sources that are not within the Project Site. The Contractor
shall not operate in Wetlands except as allowed by permit. The Contractor shall comply with all requirements
for pollution and sediment control, including, without limitation, the National Pollutant Discharge Elimination
System where applicable.
Except for continuously-operated commercial sources,the Contractor shall also conform to the following:
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(a) If a natural growth of trees or shrubs is present, preserve a border of such to conceal land scars.
(b) Excavate Borrow sources and Aggregate sources, except for those in streams and rivers,to provide:
• Reasonably uniform depths and widths;
• Natural drainage so no water stands or collects in excavated areas,when practicable;
• Slopes trimmed to blend with the adjacent terrain upon completion of operations;
• Slopes covered with native soil, or acceptable plant rejects to support plant growth, if required by
Specifications, Plans,or permits; and
• A vegetative cover that blends with the adjacent natural growth.
(c) Excavate in quarries so that:
• Faces will not be steeper than vertical (no overhang);
• Vertical faces conform to Oregon OSHA standards, Division 3, and as shown on an approved
development plan;
• Floors or benches are excavated to a uniform Slope free of depressions and will drain and not
interfere with the downland owner's property; and
• Upon completion,the quarry is left appearing neat and compatible with surrounding terrain.
(d) Obliterate haul roads specifically built for access to sources, and restore the areas disturbed by these
roads as nearly as practicable to the conditions that existed before the roads were built, unless otherwise
directed by the landowner or regulatory body.
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Section 00165-Quality of Materials
Description
00165.00 General-The Contractor shall incorporate into the Work only Materials conforming to the
Specifications and approved by the Engineer. The Contractor shall incorporate into the Work only
manufactured products made of new materials unless otherwise specified in the Contract. The Agency may
require additional testing or retesting to determine whether the Materials or manufactured products meet
Specifications.
Materials or manufactured products not meeting the Specifications at the time they are to be used are
unacceptable and must be removed immediately from the Project Site, unless otherwise directed by the
Engineer.
00165.01 Rejected Materials-The Engineer may reject any Materials that appear to be defective(00150.25)
or that contain asbestos. The Contractor shall not incorporate any rejected Materials into the Work. Rejected
Materials whose defects have been corrected may not be incorporated into the Work until the Engineer has
approved their use. The Engineer may order the removal and replacement by the Contractor, at the
Contractor's expense, of any defective Materials. (refer also to 00150.20)
00165.02 Materials Conformance and Quality Compliance Documents-For purposes of this Section,
"Materials Conformance Documents" means the Contractor's quality control, the Agency's verification, and
the independent assurance test results,and the identity of the testing facility,as specified in the ODOT Manual
of Field Test Procedures (MFTP), section 2, Quality Assurance Program, unless otherwise specified in the
Contract. See Special Provisions
For purposes of this Section, "Quality Compliance Documents"means those documents specified in ODOT's
Nonfield-Tested Materials Acceptance Guide, unless otherwise specified in the Contract.
00165.03 Testing by Agency-When testing Materials, the Agency will have tests conducted in its central
laboratory,field laboratories,or other laboratories designated by the Engineer,even though certain AASHTO,
ASTM, and other Materials specifications may require testing at the place of manufacture. Results of the
Agency's tests will be made available to the Contractor. See Special Provisions
00165.04 Costs of Testing-When the Contract requires that the Agency performs the testing, the testing
will be at the Agency's expense. See Special Provisions
Unless otherwise provided in the Contract,all testing required to be performed by the Contractor will be at the
Contractor's expense.
00165.10 Materials Acceptance Guides- Unless otherwise specified elsewhere in the Contract, Materials
will be accepted according to the following guides:
(a) Field-Tested Materials- Field-tested Materials will be accepted according to the ODOT Manual of Field
Test Procedures (MFTP) unless otherwise specified in the Special Provisions. The MFTP is published once
per year and is available from the ODOT — Construction Section, 800 Airport Road SE; Salem, OR
97301-4798; phone 503-986-3000. The MFTP is also available on the ODOT Construction The most current
version of the MFTP on the date of Advertisement is the version in effect for the Project.
(b) Nonfield-Tested Materials-Nonfield-tested Materials will be accepted according to the ODOT Nonfield
Tested Materials Acceptance Guide(NTMAG),unless otherwise specified in the Contract.Special Provisions.
The NTMAG is available on the ODOT Construction Section website (see 00110.05(e)). The most current
version of the NTMAG on the date of Advertisement is the version in effect for the Project.
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00165.20 Materials Specifications and Test Method References-References to Materials specifications
and test methods of ODOT, WAQTC, AASHTO, ASTM, other governmental agencies, or other recognized
organizations mean those officially adopted and in current use by the agency or organization on the first date
of Invitation for Bids.
If there are conflicting references, or if no reference is made to Materials specifications,sampling and testing
frequencies,or test method,the Engineer will resolve any discrepancies between among these documents in
the following orders of precedence:
Field-Tested Materials:
• Contract Change Orders;
• Special Provisions;
• ODOT Laboratory Manual of Test Procedures;
• MFTP; and
• Standard Specifications;
Nonfield-Tested Materials:
• Contract Change Orders;
• Special Provisions;
• ODOT Laboratory Manual of Test Procedures; and
• Standard Specifications.
Material test Methods:
• ODOT;
• WAQTC;
• AASHTO;
• ASTM;
• Other recognized national organizations,such as ANSI,AWPA,AWWA, IMSA, ISSA, and UL; and
• Industry standards in the location where the Work is being performed.
If there are conflicting references in the Contract to required sampling and testing frequencies,the Contractor
shall sample and test the Materials according to the first applicable of the following:
• Contract Change Orders;
• Special Provisions;
• MFTP;
• Standard Specifications
00165.30 Field-Tested Materials
(a) Acceptance of Field-Tested Materials -The Contractor's test results for field-tested Materials may be
verified by the Agency. Materials will be analyzed as determined by the Engineer for acceptance before the
Engineer will accept them for incorporation into the Work. Incorporated Materials that do not meet
Specifications will be evaluated according to 00165.01 and 00150.25.
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If the Agency's verification test results do not verify the Contractor's test results, the Agency may require
additional testing to determine whether the Materials meet Specifications. The Contractor shall perform
additional testing or provide samples to the Agency for testing as directed. If the Materials do not meet
Specifications, the Contractor shall reimburse the Agency for the cost of the additional testing,which may be
deducted from monies due or to become due the Contractor under the Contract. Incorporated Materials that
do not meet Specifications will be evaluated according to 00165.01 and 00150.25. If the Materials meet
Specifications the Agency will pay the cost for the additional testing.
00165.35 Nonfield-Tested Materials-The Contractor shall furnish Materials meeting Specifications, along
with all Materials Conformance and Quality Compliance Documents. Materials will be subject to acceptance
testing if the Engineer so elects. The Engineer may reject damaged or non-Specification Materials regardless
of the Materials Test Results and Quality Compliance Certificates furnished.
(a) Test Results Certificate-The Certificate shall:
• Be from the manufacturer verifying that the Material furnished has been sampled and tested and the
test results meet the Specifications.
• Include, or be accompanied by, a copy of the specified test results (ODOT,AASHTO,ASTM, UL or
other).
• Identify the independent testing agency and the representative responsible for the test results.
• Permit positive determination that Material delivered to the Project is the same Material covered by
the test results.
• Be delivered to the Engineer with the shipment of the material.
(b) Quality Compliance Certificate-The certificate shall be from the manufacturer and shall:
• Verify that the Material meets the Specifications, and identify by number the specified test methods
used, (ODOT,AASHTO,ASTM, UL, or other)
• Permit positive determination that Material delivered to the Project is the same Material covered by
the certificate.
• Be delivered to the Engineer with the shipment of the Material, or be an identification plate or mark,
decal, sticker, label,or tag attached to the container or Material,
(c) Equipment List and Drawings-These consist of lists of proposed Equipment and Materials,such as:
• Shop drawings
• Material lists
• Equipment lists
• Catalog description sheets
• Manufacturer's brochures
Submit these lists to the Engineer for review of conformance with the Specifications.
(d) Certificate of Origin of Steel Materials-When a certificate of material origin for steel or iron Materials
is specified, complete this document (ODOT Form 734-2126) as required by 00160.20(a) for Federal-aid
projects.
(e) Certificate of Origin of Construction Materials-When a certificate of material origin for construction
materials is specified, complete the ODOT Form furnished by the Engineer 734-5378 as required by
00160.20(d)for Federal-aid projects.
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Acceptance Sampling and Testing-The Contractor shall sample and test Materials for acceptance, as
required by the Contract. Materials will be analyzed as determined by the Engineer for acceptance before the
Engineer will accept them for incorporation into the Work-Require corrective work, at the Contractor's
expense, with an appropriate price reduction that may range from zero(full payment)to 100% (no payment);
or when the Engineer determines the Materials or Work does not conform to the Specifications the Engineer
may accept the Materials or Work with pay adjustments or reject the Materials or Work per 00150.25.
00165.70 Use of Materials without Engineer's Acceptance:
(a) General-The Contractor shall not incorporate Materials into the Project prior to acceptance by the
Engineer. The Engineer may waive this requirement temporarily if Materials are necessary for immediate
traffic safety.
(b) Materials Incorporated for Immediate Traffic Safety- If Materials are incorporated into the Project for
immediate traffic safety before acceptance by the Engineer, no payment will be made for the value of the
Materials, or the costs of incorporating them, until Materials are accepted by the Engineer, or the Materials
are otherwise found through testing to comply with Specifications.
(c) Contractor's Request for Testing Assistance-If acceptable Materials Conformance Documents are
not available,the Contractor may either have the necessary tests performed at a private laboratory or request
in writing that the Engineer:
• Determine if the Agency or its agents can sample and test;
• Estimate the cost to the Contractor for the testing service; and
• Estimate the time required to obtain the test results.
The Engineer will provide this information to the Contractor in writing. If the Contractor requests the Engineer,
in writing, to proceed, the Engineer will arrange for the sampling and testing, at the Contractor's expense. If
these tests determine the Material complies with the Specifications, the Materials may be incorporated into
the Project, or for Materials previously incorporated according to(b)above, payment will be authorized.
00165.75 Storage and Handling of Materials-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.
Stored Materials:
• Shall be readily accessible for inspection;
• May be stored on approved parts of the Right-of-Way; and
• May be stored on private property if written permission of the owner or lessor is obtained.
Measurement
00165.80 Measurement- No separate measurement will be made of Work performed under this Section.
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Payment
00165.90 Incidental Basis-No separate or additional payment will be made for sampling, testing,
certification, or other associated Work performed under this Section, whether performed by the Contractor,
manufacturer, producer or supplier. No payment will be made for providing quality control personnel.
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Section 00170-Legal Relations and Responsibilities
00170.00 General- The Contractor shall comply with all laws, ordinances, codes, regulations, executive
orders,and administrative rules(collectively, "Laws")that relate to the Work or to those engaged in the Work.
Where the provisions of the Contract conflict with applicable Laws, the Contractor shall comply with the more
stringent standard.
The Contractor shall indemnify, defend, and hold harmless the Agency and its representatives from liability
arising from or related to the violation of Laws by those engaged in any phase of the Work. This provision
does not apply to Work performed by Agency employees.
In any litigation,the entire text of any order or permit issued by a governmental or regulatory authority,as well
as any documents referenced or incorporated therein by reference, shall be admissible for the purpose of
Contract interpretation.
The characterization of certain provisions of the Contract as material, or the failure to comply with certain
provisions as a material breach, shall not be construed to mean that other provisions are not material or that
failure to comply with other provisions is not a material breach of the Contract.
All rights and remedies available to the Agency under applicable Laws are incorporated herein by reference
and are cumulative with all rights and remedies under the Contract.
The Contract shall not be construed against either party regardless of which party drafted it. Other than as
modified by the Contract,the applicable rules of contract construction and evidence shall apply. This Contract
shall be governed by and construed and enforced according to the laws of the State of Oregon without regard
to principles of conflict of laws.
Any dispute between the Agency and the Contractor that arises from or relates to this Contract and that is not
resolved under the provisions of Section 00199 shall be brought and conducted solely and exclusively decided
under the provisions of Section 00199. If an arbitration award is to be enforced by judicial means,venue shall
lie within the Clackamas County Circuit Court that if enforcement of the arbitration award must be brought in
a federal forum,then it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Oregon. In no event shall this Subsection be construed as a waiver by the State of
Oregon on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity
based on the Eleventh Amendment to the Constitution of the United States, or otherwise, from any claim or
from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY
CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION.
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).
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Provisions and Requirements
00170.01 Other Agencies Affecting Agency Contracts-Representatives of regulatory bodies or units of
government whose Laws may apply to the Work shall have access to the Work according to 00150.20(d).
These may include but are not limited to those in the following (a), (b), (c), and (d).
(a) Federal Agencies:
Agriculture, Department of
Forest Service
Natural Resource Conservation Service
Army, Department of the
Corps of Engineers
Commerce, Department of
National Marine Fisheries Service
Defense, Department of
Energy, Department of
Environmental Protection Agency(EPA)
Federal Energy Regulatory Commission
Geology Survey
Health and Human Services, Department of
Homeland Security, Department of
U.S. Coast Guard (USCG)
Housing and Urban Development, Department of
Interior, Department of
Heritage, Conservation, and Recreation Service
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Mines
Bureau of Reclamation
Geological Survey
Minerals Management Service
Office of Surface Mining, Reclamation, and Enforcement
Minerals Management Service
National Oceanic and Atmospheric Administration
Solar Energy and Energy Conservation Bank
U.S. Fish and Wildlife Service
Labor, Department of
Mine Safety and Health Administration
Occupational Safety and Health Administration (OSHA)
Transportation, Department of
Federal Highway Administration
Water Resources Council
(b) State of Oregon Agencies:
Administrative Services, Department of
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Agriculture, Department of
Natural Resources Division
Soil and Water Conservation District
Columbia River Gorge Commission
Consumer and Business Services, Department of
Insurance Division
Oregon Occupational Safety and Health Division (OR-OSHA)
Energy, Office of
Environmental Quality, Department of(DEQ)
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Labor and Industries, Bureau of
Land Conservation and Development Department
Parks and Recreation, Department of
State Lands, Department of
Water Resources Department
(c) Local Agencies:
City Councils
County Courts
County Commissioners, Boards of
Design Commissions
Historical Preservation Commissions
Lane Regional Air Pollution Authority(LRAPA)
Planning Commissions
Port Districts
Special Districts
(d) Oregon Federally Recognized Tribal Governments:
Burns Paiute Tribe
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
Confederated Tribes of Grand Ronde
Confederated Tribes of Siletz
Confederated Tribes of Umatilla Indian Reservation
Confederated Tribes of Warm Springs
Coquille Tribe
Cow Creek Band of Umpqua Indians
Klamath Tribe
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00170.02 Permits, Licenses,and Taxes- As required to accomplish the Work, the Contractor shall do the
following:
• Obtain all necessary permits and licenses, except for those noted in 00170.03;
• Pay all applicable charges,fees and taxes, except for those noted in 00170.03;
• Give all notices required by applicable Laws, or under the terms of the Contract;
• Comply with ORS 274.530 relating to lease of stream beds by Oregon Division of State Lands;
• License, in the State of Oregon, all vehicles subject to licensing;
• Comply with ORS 477.625 and ORS 527.670 relating to clearing and fire hazards on forest lands;and
• Comply with all orders and permits issued by a governmental authority,whether local, State,or federal.
• See Special Provisions
00170.03 Furnishing Rights-of-Way, Easements and Permits- Unless required to be obtained in the
name of the Contractor, the Agency will obtain and pay for the following when they are required by the
applicable Laws or by Plans or Specifications:
• All necessary Rights-of-Way, Easements and Rights-of-Entry;
• Permits required for crossing or encroaching upon navigable streams;
• Permits required for removing materials from or depositing materials in waterways;
• Permits required for operating in Agency-controlled source of Materials or disposal area;
• System development fees charged by local units of government;
• Building construction permits, not including specialty work such as heating,ventilation,air conditioning,
or electrical;
• Cost of referencing and replacing endangered survey monuments;and
• Environmental permits, excluding erosion control permits.
If, after the Bid Closing date, the Agency obtains any Permits, Rights-of-Way or Easements that require
changes to the Work and thereby causes an increase or decrease in the cost of, or the time required for the
performance of the Work, the Contractor shall submit information sufficient for the Engineer to determine the
extent of the effects on the cost and/or schedule. If the Engineer agrees the cost and/or schedule will be
affected by such changes, such effects will be handled in accordance with the General Conditions. The
Engineer will provide the Contractor with a copy of any such Permits, Rights-of-Way or Easements.
00170.04 Patents,Copyrights,and Trademarks-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.
The Contractor shall indemnify, defend and hold harmless the Agency and all third parties and political
subdivisions having a possessory or ownership interest or regulatory authority over the Project or Project Site
from claims of patent, copyright or trademark infringement, and from costs, expenses and damages the
Contractor or Agency may be obligated to pay as a result of such infringement during or after completing the
Work.
00170.05 Assignment of Antitrust Rights-The Contractor irrevocably assigns to the Agency any claim for
relief or cause of action the Contractor acquires during the term of the Contract, or which may accrue
thereafter, by reason of any violation of:
• Title 15(Commerce and Trade), United States Code;
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• ORS 646.725; or
• ORS 646.730.
In connection with this assignment, it is an express obligation of the Contractor to take no action that would in
any way impair or diminish the value of the rights assigned to the Agency according to the provisions of this
Subsection. Further, it is the express obligation of the Contractor to take all action necessary to preserve the
rights assigned. It is an express obligation of the Contractor to advise the Agency's legal counsel:
• In advance, of its intention to commence any action involving such claims for relief or causes of action;
• Immediately upon becoming aware of the fact that an action involving such claims for relief or causes
of action has been commenced by some other person or persons;
• The date on which it notified the obligor(s)of any such claims for relief or causes of action of the fact of
the Contractor's assignment to the Agency according to the provisions of this Subsection; and
• Immediately upon the discovery of any such antitrust claim for relief or cause of action.
In the event any payment is made to the Contractor under any such claims for relief, the Contractor shall
promptly pay the full sum over to the Agency. In the event the Contractor fails to make such payment, the
Agency may deduct the amount from monies due or to become due the Contractor under the Contract.
00170.07 Record Requirements- For purposes of this Subsection the term "Contractor" includes the
Contractor, all subcontractors, Material Suppliers, and providers of rented operated Equipment(except non-
DBE truck drivers), at all tiers,for all subcontracts with first-tier Subcontractors, all subcontracts between the
first-tier Subcontractors and their subcontractors and any other lower-tier subcontracts,and"Related Entities"
as that term is defined in OAR 734-010-0400(7). The Material Suppliers included in this definition are those
for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and the supply and fabrication of
structural steel items and/or Material Suppliers that provide quotes.
(a) Records Required-The Contractor shall maintain all records,whether created before or after execution
of the Contract,or during Contract performance,or after Contract completion, to clearly document:
• The Contractor's performance of the Contract or a subcontract;
• The Contractor's ability to continue performance of the Contract or a subcontract;and
• All claims arising from or relating to performance under the Contract or a subcontract.
These records shall include all records, including fiscal records, regardless of when created for the
Contractor's business. The records for the Contractor's business include,without limitation the:
• Bidding estimates and records, worksheets,tabulations or similar documents.
• Job cost detail reports, including monthly totals.
• Payroll records (including without limitation the ledger or register,and tax forms)and all documents
that establish the periods, individuals involved, the hours for the individuals, and the rates for the
individuals.
• Records that identify the Equipment used by the Contractor and subcontractors in the performance
of the Contract or subcontracts, including, without limitation, Equipment lists, rental contracts and
any records used in setting rental rates.
• Invoices from vendors, rental agencies, and subcontractors.
• Material quotes, invoices, purchase orders and requisitions.
• Contracts with subcontractors and contracts with Material Suppliers, Suppliers and providers of
rented equipment.
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• Contracts or documents of other arrangements with any Related Entity as defined in
OAR 734-010-0400(7).
• General ledger.
• Trial Balance
• Financial statements (including, without limitation, the balance sheet, income statement, statement
of cash flows, and financial statement notes).
• Income tax returns.
• All worksheets used to prepare bids or claims,or to establish the cost components for the Pay Items,
including, without limitation, the labor, benefits and insurance, Materials, Equipment, and
subcontractors.
The following are examples, but not an exhaustive list, of records that would be included, if generated by the
Contractor. If the Contractor generates such records, or equivalent records, they are included among the
records subject to 00170.07.
• Daily time sheets and supervisors' daily reports.
• Collective bargaining agreements.
• Earnings records.
• Journal entries and supporting schedules.
• Insurance,welfare,and benefits records.
• Material cost distribution worksheet.
• Subcontractors'and lower tier subcontractors'payment certificates.
• Payroll and vendor's cancelled checks.
• Cash disbursements journal.
• All documents related to each and every claim together with all documents that support the amount
of damages as to each claim.
• Additional financial statements (including, without limitation, the balance sheet, income statement,
statement of cash flows, and financial notes) preceding the execution of the Contract and following
final payment of the Contract.
• Depreciation records on all business Equipment maintained by the business involved,its accountant,
or other Entity. (If a source other than depreciation records is used to develop cost for the
Contractor's internal purposes in establishing the actual cost of owning and operating Equipment,all
such other source documents.)
The Contractor shall maintain all fiscal records in material compliance with generally accepted accounting
principles,or other accounting principles that are accepted accounting principles and practices for the subject
industry and adequate for the nature of the Contractor's business, and in such a manner that providing a
complete copy is neither unreasonably time consuming nor unreasonably burdensome for the Contractor or
the Agency. Failure to maintain the records in this manner shall not be an excuse for not providing the records.
The Contractor shall include in its subcontracts,purchase orders,and all other written agreements,a provision
requiring all subcontractors, Material Suppliers and providers of rented operated Equipment,(except non-DBE
truck drivers), at all tiers, to comply with 00170.07. The Contractor shall also require all subcontractors,
Material Suppliers, and providers of rented operated Equipment, (except non-DBE truck drivers), at all tiers,
and Related Entities to include in their contracts, purchase orders, and all other written agreements, a
provision requiring all lower tier subcontractors, Material Suppliers and providers of rented operated
Equipment (except non-DBE truck drivers) to comply with 00170.07. The Material Suppliers to which this
applies are those for Aggregates, Asphalt Cement Concrete, Portland Cement Concrete and the supply and
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fabrication of structural steel items and/or Material Suppliers that provide Material quotes and Related Entities
as defined in OAR 734-010-0400(7).
(b) Access to Records-The Contractor shall provide the Engineer access to or a copy of all Contractor
records upon request. A Project Manager's authority to request or access records is subject to
OAR 734-010-0400(9). During the record retention period the Engineer, other employees of the Agency,
representatives of the Agency,or representatives of regulatory bodies or units of government may:
• Inspect,examine and copy or be provided a copy of all Contractor records;
• Audit the records, a Contract or the performance of a Contract;
• Inspect, examine and audit the records when, in the Agency's sole discretion, the records may be
helpful in the resolution of any claim, litigation, administrative proceeding or controversy arising out
of or related to a Contract.
Reasons for access to audit, inspect, examine and copy records include without limitation, general auditing,
reviewing claims, checking for collusive bidding, reviewing or checking payment of required wages,
performance and contract compliance, workplace safety compliance, evaluating related Entities,
environmental compliance, and qualifications for performance of the Contract, including the ability to perform
and the integrity of the Contractor.
Where such records are stored in a computer or in other digital media, the Engineer may request, and the
Contractor shall provide,a copy of the data files and such other information or access to software to allow the
Engineer review of the records.
Nothing in 00170.07 is intended to operate as a waiver of the confidentiality of any communications privileged
under the Oregon Evidence Code. Nothing in 00170.07 limits the records or documents that can be obtained
by legal process.
(c) Record Retention Period-The Contractor shall maintain the records and keep the records accessible
and available at reasonable times and places for at least three years from the date of final payment under the
Contract,or until the conclusion of all audits, litigation,administrative proceedings,disputes and claims arising
out of or related to the Contract,whichever date is later.
(d) Public Records Requests- If records provided under this section contain any information that may be
considered exempt from disclosure as a trade secret under either ORS 192.345 or ORS 646.461(4),or under
other grounds specified in Oregon Public Records Law, ORS 192.311 through ORS 192.478,the Contractor
shall clearly designate on or with the records the portions which the Contractor claims are exempt from
disclosure, along with a justification and citation to the authority relied upon. Entire records or documents
should not be designated as a trade secret or otherwise exempt from disclosure. Only specific information
within a record or document should be so designated.
To the extent allowed by the Oregon Public Records Law or other applicable law related to the disclosure of
public records, the Agency will not disclose records or portions of records the Contractor has designated as
trade secrets to a third party,who is not a representative of the Agency,to the extent the records are exempt
from disclosure as trade secrets under the Oregon Public Records Law or other applicable law, except to the
extent the Agency is ordered to disclose in accordance with the Oregon Public Records Law or by a court of
competent jurisdiction. Application of the Oregon Public Records Law or other applicable law shall determine
whether any record,document or information is actually exempt from disclosure.
In addition, in response to a public records request, the Agency will not produce or disclose records so
identified as exempt by the Contractor to any person other than representatives of the Agency, and others
with authorized access under 00170.07(b), without providing the Contractor a copy of the public records
request, unless:
The Contractor consents to such disclosure; or
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The Agency is prohibited by applicable law or court order from providing a copy of the public records request
to the Contractor.
00170.10 Required Payments by Contractors-The Contractor shall comply with ORS 279C.505 and ORS
279C.515 during the term of the Contract.
(a) Prompt Payment by Contractor for Labor and Materials-As required by ORS 279C.505, the
Contractor shall:
• Make payment promptly, as due,to all Entities supplying labor or Materials under the Contract;
• Pay all contributions or amounts due the Industrial Accident Fund,whether from the Contractor or a
subcontractor, incurred in the performance of the Contract;
• Not permit any lien or claim to be filed against the State or any political subdivision thereof, on
account of any labor or Material furnished in performance of the Contract; and
• Pay to the Department of Revenue all sums withheld from employees according to ORS 316.167.
(b) Prompt Payment by Contractor to First-Tier Subcontractor(s)-According to ORS 279C.580(3)(a),
after the Contractor has determined and certified to the Agency that one or more of its Subcontractors has
satisfactorily performed subcontracted Work, the Contractor may request payment from the Agency for the
Work, and shall pay the Subcontractor(s) within 10 Calendar Days out of such amounts as the Agency has
paid to the Contractor for the subcontracted Work.
(c) Interest on Unpaid Amount- If the Contractor or a first-tier Subcontractor fails, neglects, or refuses to
make payment to an Entity furnishing labor or Materials in connection with the Contract within 30 Days after
the Contractor's receipt of payment,the Contractor or first-tier Subcontractor shall owe the Entity the amount
due plus interest charges that begin at the end of the 10 day period within which payment is due under
ORS 279C.580(3) and that end upon final payment, unless payment is subject to a good-faith dispute as
defined in ORS 279C.580(5)(b). The rate of interest on the amount due shall be in accordance with ORS
279C.515(2). The amount of interest shall not be waived.
(d) Agency's Payment of the Contractor's Prompt Payment Obligations- If the Contractor fails, neglects
or refuses to make prompt payment of any invoice or other demand for payment for labor or services furnished
to the Contractor or a Subcontractor by any Entity in connection with the Contract as such payment becomes
due, the Agency may pay the Entity furnishing the labor or services and charge the amount of the payment
against monies due or to become due the Contractor under the Contract. (The Agency has no obligation to
pay these Entities, and the Agency will not normally do so, but will refer them to the Contractor and the
Contractor's Surety.)
The payment of a claim by the Agency in the manner authorized in this Subsection shall not relieve the
Contractor or the Contractor's Surety from obligations with respect to any such claims.
(e) Right to Complain to the Construction Contractors Board- If the Contractor or a subcontractor fails,
neglects,or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract,
the Entity may file a complaint with the Construction Contractors Board, unless payment is subject to a good-
faith dispute as defined in ORS 279C.580(5)(b).
(f) Notice of Claim Against Bond-An Entity(which by definition includes a natural person)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
on the Contractor's Payment Bond as provided in ORS 279C.600 and through ORS 279C.605.
The Commissioner of the Bureau of Labor and Industries(BOLT)may have a right of action on the Contractor's
and Subcontractors' public works bonds and Payment Bonds for workers who have not been paid in full, as
provided in ORS 279C.600 and ORS 279C.605.
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00170.20 Public Works Bond- If the original Contract Amount is$100,000 or greater, then before starting
work, or if the Contract Amount is amended to a Contract Amount$100,000 or greater, and unless otherwise
exempt under ORS 279C.836(4), (7) — (9), the Contractor shall file a public works bond with the Oregon
Construction Contractors Board in the amount required by ORS 279C.836 [$30,000(1970)] before starting or
continuing Work on the project. Further, the Contractor shall then include in every subcontract a provision
requiring the subcontractor to have a public works bond,filed with the Oregon Construction Contractors Board
in the amount required by ORS 279C.836 [$30,000(1970)]before starting Work, or if the Contract Amount is
amended to $100,000 or above, before continuing Work on the project. ORS 279C.830(3)(a,b) The
Contractor shall verify subcontractors have filed a public works bond before the subcontractor begins Work.
See Special Provisions
00170.32 Protection of Navigable Waters-The Contractor shall comply with all applicable Laws, including,
without limitation,the Federal River and Harbor Act of March 3, 1899 and its amendments.
The Contractor shall not interfere with waterway navigation or impair navigable depths or clearances, except
as U.S. Coast Guard or Corps of Engineer permits allow.
00170.33 Recycling. In accordance with ORS 279C.510, if the Work includes demolition work, Contractor
shall salvage or recycle construction and demolition debris, if feasible and cost-effective. If this Contract
includes lawn or landscape maintenance, Contractor shall compost or mulch yard waste material at an
approved site, if feasible and cost-effective.
00170.60 Safety,Health,and Sanitation Provisions-The Contractor shall comply with all Laws concerning
safety, health, and sanitation standards. The Contractor shall not require workers to perform Work under
conditions that are hazardous,dangerous, or unsanitary.
Workers exposed to traffic shall wear upper body garments or safety vests that are highly visible and meet
the requirements of 00221.20.
Workers exposed to falling or flying objects or electrical shock shall wear hard hats.
Upon their presentation of proper credentials, the Contractor shall allow inspectors of the U.S. Occupational
Safety and Health Administration (OSHA) and the Oregon Occupational Safety and Health Division (OR-
OSHA)to inspect the Work and Project Site without delay and without an inspection warrant.
According to ORS 468A.715 and ORS 468A.720, the Contractor or a Subcontractor who performs Project
Work involving asbestos abatement shall possess a valid DEQ asbestos abatement license.
00170.61 Industrial Accident Protection:
(a) Workers' Compensation-The Contractor shall provide workers' compensation coverage for on-the-job
injuries as required by 00170.70(d).
(b) Longshoremen's and Harbor Workers'Compensation- If Work to be performed is over or adjacent to
navigable waters, the Longshoremen's and Harbor Workers' Compensation Act, (Chapter 18, Title 33 of the
USC)may apply,and the Contractor shall be responsible for complying with its provisions(which may include
the provision of additional workers'compensation benefits to employees).
00170.62 Labor Nondiscrimination-The Contractor shall comply with all Laws concerning equal
employment opportunity, including, without limitation, those prohibiting discrimination because of race,
religion,color,sex, disability, or national origin.
00170.63 Payment for Medical Care-According to ORS 279C.530, the Contractor shall promptly, as due,
make payment to any person, co-partnership, association or corporation furnishing medical, surgical and
hospital care services or other needed care and attention, incident to sickness or injury, to the employees of
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the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that
the Contractor has collected or deducted from the wages of employees under any law, contract or agreement
for the purpose of providing or paying for the services.
00170.65 Minimum Wage and Overtime Rates for Public Works Projects:
(a) General-The Contractor is responsible for investigating local labor conditions. The Agency does not
imply that labor can be obtained at the minimum hourly wage rates specified in State or federal wage rate
publications, and no increase in the Contract Amount will be made if wage rates paid are more than those
listed.
As required by ORS 279C.520, the Contractor shall comply with ORS 652.220 and shall not unlawfully
discriminate against any of the Contractor's employees in the payment of wages or other compensation for
work of comparable character on the basis of an employee's membership in a protected class. "Protected
class"means a group of persons distinguished by race,color, religion,sex, sexual orientation, national origin,
marital status,veteran status,disability, or age. The Contractor's compliance with this provision constitutes a
material element of the Contract and failure to comply constitutes a material breach that entitles the Agency
to exercise any remedies available under the Contract, including, but not limited to, termination for default.
As required by ORS 279C.520, the Contractor shall not prohibit any of the Contractor's employees from
discussing the employee's rate of wage, salary, benefits or other compensation with another employee or
another person and shall not retaliate against an employee who discusses the employee's rate of wage,salary,
benefits or other compensation with another employee or another person.
(b) State Prevailing Wage Requirements-The Contractor shall comply with the prevailing wage provisions
of ORS 279C.800 through ORS 279C.870.. Contractor and any subcontractors shall post the prevailing wage
rates in a conspicuous and accessible place in or about the Project.
(1) Minimum Wage Rates-The Bureau of Labor and Industries (BOLT)determines and publishes the
existing State prevailing wage rates in the publication"Prevailing Wage Rates for Public Works Contracts
in Oregon". The Contractor shall pay workers not less than the specified minimum hourly wage rate
according to ORS 279C.838 and ORS 279C.840, and shall include this requirement in all subcontracts.
See the Project Wage Rates page included with the Contract Booklet for additional information about
which wage rates apply to the Project and how to access the applicable wage rates.
The applicable BOLT wage rates will be included in the Contract.
(2) Payroll and Certified Statements-As required in ORS 279C.845, the Contractor and every
subcontractor shall submit written certified statements to the Engineer on the form prescribed by the
Commissioner of BOLT in OAR 839-025-0010 certifying compliance with wage payment requirements
and accurately setting out the Contractor's or subcontractor's weekly payroll records for each worker
employed on the Project.
The Contractor and subcontractors shall preserve the certified statements for a period of six years from
the date of completion of the Contract.
(3) Additional Retainage:
a. Agency-As required in ORS 279C.845(7)the Agency will retain 25% of any amount earned by
the Contractor on the Project until the Contractor has filed the certified statements required in
ORS 279C.845 and in FHWA Form 1273, if applicable. The Agency will pay to the Contractor the
amount retained within 14 Days after the Contractor files the required certified statements, regardless
of whether a subcontractor has failed to file certified statements.
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b. Contractor-As required in ORS 279C.845(8) the Contractor shall retain 25% of any amount
earned by a first tier subcontractor on the Project until the first tier subcontractor has filed with the
Agency the certified statements required in ORS 279C.845 and in FHWA Form 1273, if applicable.
Before paying any amount retained,the Contractor shall verify that the first tier subcontractor has filed
the certified statement. Within 14 Days after the first tier subcontractor files the required certified
statement the Contractor shall pay the first tier subcontractor any amount retained.
(4) Owner/Operator Data- For a project funded by the FHWA,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 Plate Number;
• Present ODOT Motor Carrier 1A Permit upon request; and
• Name of owner/operator from the side of the truck.
(c) State Overtime Requirements-As a condition of the Contract, the Contractor shall comply with the
pertinent provisions of ORS 279C.520 and ORS 279C.540.
(1) Maximum Hours of Labor and Overtime Pay-According to ORS 279C.540, no person shall be
employed to perform Work under this Contract for more than 10 hours in any 1 Day, or 40 hours in any
1 week, except in cases of necessity, emergency, or where public policy absolutely requires it. In such
instances,the Contractor shall pay the employee at least time and a half pay:
• For all overtime in excess of 8 hours a day or 40 hours in any 1 week when the work week is 5
consecutive days, Monday through Friday; or
• For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is
four consecutive days, Monday through Friday; and
• For all Work performed on Saturday and on any legal holiday specified in ORS 279C.540
For additional information on requirements for overtime and establishing a work schedule see
OAR 839-025-0050 and OAR 839-025-0034.
(2) Notice of Hours of Labor-The Contractor shall give written notice to employees of the number of
hours per day and days per week the employees may be required to work. Provide the notice either at
the time of hire or before commencement of work on this Contract, or by posting a notice in a location
frequented by employees.
(3) Exception-The maximum hours of labor and overtime requirements under ORS 279C.540 will not
apply to the Contractor's Work under this Contract if the Contractor is a party to a collective bargaining
agreement in effect with any labor organization. For a collective bargaining agreement to be in effect it
shall be enforceable within the geographic area of the Project,and its terms shall extend to workers who
are working on the Project(see OAR 839-025-0054).
(d) State Time Limitation on Claim for Overtime-According to ORS 279C.545, any worker employed by
the Contractor is foreclosed from the right to collect any overtime provided in ORS 279C.540 unless a claim
for payment is filed with the Contractor within 90 Days from the completion of the contract, provided the
Contractor posted and maintained a circular as specified in this provision. Accordingly,the Contractor shall:
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(1) Cause a circular, clearly printed in boldfaced 12-point type and containing a copy of
ORS 279C.545, to be posted in a prominent place alongside the door of the timekeeper's office or in a
similar place that is readily available and freely visible to any or all workers employed to perform Work;
and
(2) Maintain such circular continuously posted from the inception to the completion of the Contract on
which workers are or have been employed.
(e) Additional Requirements When Federal Funds are Involved -When federal funds are involved, the
following requirements shall apply in addition to the requirements of 00170.65(a)through 00170.65(d). The
Contractor shall include these provisions in all subcontracts as well as ensure that all Subcontractors include
these provisions in their lower-tier subcontracts.
(1) FHWA Requirements- For Federal-Aid projects,the Contractor shall comply with the provisions of
FHWA Form 1273, "Required Contract Provisions Federal-Aid Construction Contracts".
(2) Minimum Wage Rates-The Contractor shall pay each worker in each trade or occupation
employed to perform any work under the contract not less than the existing State(BOLT)prevailing wage
rate or the applicable federal prevailing wage rate required under the Davis-Bacon Act(40 U.S.C. 3141
et seq.), whichever is higher. Contractors shall follow all prevailing wage rules including posting the
Davis Bacon Poster at the worksite and submitting certified payroll records. The poster is available at
http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf. The payroll form is at
http://www.dol.gov/whd/forms/wh347instr.htm.The Contractor shall include this provision in all
subcontracts.
• See the Project Wage Rates page included with the Contract Booklet for additional information
about which wage rates apply to the Project and how to access the applicable wage rates.
• The applicable Davis-Bacon and BOLT wage rates will be included in the Contract.
(3) Payroll and Certified Statements- In addition to providing the payroll information and certified
statements required under ORS 279C.845 (see 00170.65(b)(-2)), the Contractor and every
subcontractor shall submit written certified statements that also meet the requirements in Section IV of
FHWA Form 1273 except the Contractor and every subcontractor shall preserve the certified statements
for a period of 6 years from the date of completion of the Contract.
(4) Overtime-With regard to overtime pay, the Contractor shall comply with the overtime provision
affording the greatest compensation required under FHWA Form 1273 and ORS 279C.540.
00170.70 Insurance:
(a) Insurance Coverages-The Contractor shall obtain, at its expense, and keep in effect until Final
Acceptance, the insurance coverages listed below. The Contractor may however, contractually obligate an
appropriate subcontractor to obtain, at the subcontractor's expense or at the Contractor's expense, and keep
in effect during the term of the Contract, pollution liability coverage, asbestos liability, lead liability, or
automobile liability with pollution coverages, or such other types of insurance coverages. That, before
execution of the Contract, the Agency approves as types of insurance coverage that may be obtained by
appropriate subcontractors. If both the Contractor and an appropriate subcontractor will perform pollution
related Work or other Work that would be covered by the other above-described types of insurance permitted
to be obtained by an appropriate subcontractor,the insurance coverages listed below that correspond to such
Work shall be obtained, at the Contractor's or subcontractor's expense, and shall cover the liability of the
Contractor and the subcontractor, either under the same or separate insurance policies.
Commercial General Liability-Commercial General Liability Insurance covering bodily injury and property
damage in a form and with coverages that are satisfactory to the Agency. This insurance shall include
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personal and advertising injury liability and products and completed operations coverage and contractual
liability coverage. Coverage may be written in combination with Commercial Automobile Liability Insurance
with separate limits for Commercial General Liability and Commercial Automobile Liability. Coverage shall be
written on an occurrence basis. Combined single limit per occurrence shall not be less than the dollar amount
indicated in the Special Provisions. The annual aggregate limit shall not be less than the dollar amount
indicated in the Special Provisions. The policy shall be endorsed to state that the annual aggregate limit of
liability shall apply separately to the Contract.
If the Contractor's Commercial General Liability Insurance limits are less than the required limits stated above,
the Contractor shall obtain Excess or Umbrella Liability Insurance with sufficient limits that when added to the
Contractor's Commercial General Liability Insurance limits the total combined limits of Commercial General
Liability Insurance and Excess or Umbrella Liability Insurance equal or exceed the above-stated Commercial
General Liability Insurance limits required for this Project. The above-stated combined single limit per
occurrence and the above-stated annual aggregate limit must each be met. Excess or Umbrella Liability
Insurance coverage shall extend to the same perils, terms, and conditions as the underlying Commercial
General Liability Insurance coverage.
Pollution Liability- If indicated by Special Provision, Pollution Liability Insurance covering the Contractor's
liability, or the liability of an appropriate subcontractor, if the coverage is obtained by the subcontractor, for
bodily injury and property damage,and environmental damage resulting from sudden and accidental pollution,
gradual pollution,and related clean-up costs incurred by the Contractor,or by the subcontractor if the coverage
is obtained by the subcontractor,while performing Work required by the Contract. If the coverage is obtained
by the Contractor,the coverage may be written in combination with the Commercial General Liability Insurance
with separate limits for Pollution Liability and Commercial General Liability. Combined single limit per
occurrence shall not be less than the dollar amount indicated in the Special Provisions. The annual aggregate
limit shall not be less than the dollar amount indicated in the Special Provisions. The policy shall be endorsed
to state that the annual aggregate limit of liability shall apply separately to the Contract.
Asbestos Liability- If indicated by Special Provision, the Contractor,or the subcontractor, if the coverage is
obtained by the subcontractor, shall provide an Asbestos Liability endorsement to the pollution liability
coverage. If an endorsement cannot be obtained, The Contractor or subcontractor shall provide separate
Asbestos Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as
the Pollution Liability Insurance with the policy endorsed to state that the annual aggregate limit of liability shall
apply separately to the Contract.
Lead Liability- If indicated by Special Provision, the Contractor, or the subcontractor, if the coverage is
obtained by the subcontractor,shall provide a Lead Liability endorsement to the pollution liability coverage. If
an endorsement cannot be obtained, the Contractor or subcontractor shall provide separate Lead Liability
Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution
Liability Insurance with the separate policy endorsed to state that the annual aggregate limit of liability shall
apply separately to the Contract.
Commercial Automobile Liability-Commercial Automobile Liability Insurance covering all owned, non-
owned,and hired vehicles. This coverage may be written in combination with the Commercial General Liability
Insurance with separate limits for Commercial Automobile Liability and Commercial General Liability.
Combined single limit per occurrence shall not be less than the dollar amount indicated in the Special
Provisions. If this coverage is written in combination with the Commercial General Liability,the policy shall be
endorsed to state that the Commercial General Liability annual aggregate limit shall apply separately to the
Contract.
Commercial Automobile Liability with Pollution Coverage- If indicated by Special Provision, the
Contractor, or the subcontractor, if the coverage is obtained by the subcontractor, shall provide Commercial
Automobile Liability Insurance with Pollution coverage covering the Contractor's liability, or the liability of an
appropriate subcontractor, if the coverage is obtained by the subcontractor, for bodily injury, and property
damage, and environmental damage arising out of the use of all owned, non-owned, or hired vehicles while
performing Work under the Contract. If the coverage is obtained by the Contractor, the coverage may be
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written in combination with the Commercial General Liability Insurance with separate limits for Commercial
Automobile Liability with Pollution Coverage and Commercial General Liability. Combined single limit per
occurrence shall not be less than the dollar amount indicated in the Special Provisions or the amount required
by the U.S. Department of Transportation,whichever is greater. If this coverage is written in combination with
the Commercial General Liability, the policy shall be endorsed to state that the Commercial General Liability
annual aggregate limit shall apply separately to the Contract.
Marine Insurance(watercraft)- If indicated by Special Provision,the Contractor or Subcontractor,whichever
is performing watercraft related Work, entails the use of watercraft, including but not limited to barges, tug
boats,work boats,and supply boats, shall provide the following insurance:
Marine Liability Insurance-For the performance of the Work that requires the use of any watercraft,whether
owned, non-owned, leased, rented, or chartered by Contractor or any Subcontractors, Marine Liability
insurance shall not be less than the dollar amount specified in the Special Provisions per occurrence for bodily
injury and property damage. Such insurance shall also include coverage for collision liability, tower's liability,
marine contractual liability, wreck/debris removal, and liability for seepage, pollution, containment and
cleanup.
Hull and Machinery Insurance- Including collision liability, with sister-ship clause un-amended, with limits
of liability at least equal to the full value of all vessels used in connection with performance of the Work required
under this Contract and with navigational limitations adequate for the Contractor to perform the specified Work.
Where vessels engage in towing operations, said insurance shall include full towers' liability with the sister-
ship clause un-amended.
Protection and Indemnity Insurance-To be evidenced through a full entry with a Group P&I Club, including
collision liability, towers' liability, marine contractual liability, tankermans' liability, and specialist operations.
Alternatively, if a full entry in a Group P&I Club is not available or applicable, Protection and Indemnity
Insurance coverage shall be evidenced on the SP-23 form or equivalent, including, by endorsement or
otherwise, collision liability, tower's liability, specialist operations, and liability for seepage, pollution,
containment and cleanup, with extensions for marine contractual liability, shall not be less than the dollar
amount specified in the Special Provisions.
Pollution Liability Insurance- If pollution coverage is provided outside of a P&I Club entry or outside of
Protection and Indemnity Insurance coverage evidenced on the SP-23 form or equivalent, the amount shall
not be less than the dollar amount specified in the Special Provisions. Pollution liability coverage shall cover
bodily injury, property damage, including cleanup costs and defense costs resulting from sudden and gradual
pollution conditions of contaminants or pollutants into or upon the land, the atmosphere or any water course
or body of water.
With respect to the aforementioned Hull & Machinery Insurance, Protection and Indemnity Insurance and
Pollution Insurance,the policy or policies shall be endorsed as follows:
• Other than owner provisions of all policies shall be deleted with respect to the naming of Company
as an Additional Assured/Insured;
• Delete any as owner clause and any other language,which limits or purports to limit the coverage
afforded to an insured or an additional insured who is not a ship-owner,with coverage to be afforded
to all additional insureds in any capacity in which they may be held liable; and
• Operator warrants that COFR's are on file with the U.S. Coast Guard as per Federal requirements.
If Subcontractor(s)are utilized to perform any Work that requires the use of watercraft under the Contract,all
such Subcontractor(s)shall maintain insurance including limits, coverages, terms and conditions as required
herein unless said Subcontractor(s) are insured by Contractor. Where Contractor provides coverage for a
Subcontractor, the Contractor shall issue a Certificate of Insurance, along with related endorsement(s)
required to effect coverage, evidencing Subcontractor's "Additional Insured/Assured" status under
Contractor's coverage.
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An Excess Marine Liability insurance policy may be used to meet the required limits of insurance. Excess
coverage must follow form and be as broad as that provided by the underlying primary liability insurance
policies.
ORS 15.320 provides that Oregon law applies to the Contract. The parties also agree that Oregon law applies
to the Contract,even if ORS 15.320 is determined to be inapplicable or invalid.
(b) Extended Reporting- If any of the required insurance is permitted to be and is on a"claims made"basis,
the Contractor or Subcontractor who provided the insurance coverage, shall obtain an extended reporting
period on the claims made policy or maintain the claims made policy,for a duration of at least 24 months from
the date the applicable work has been completed and accepted by the Agency or the date of Final Acceptance.
This extended reporting requirement shall be satisfied with documentation of one of the following:
• Extended Reporting Endorsement;
• Tail Coverage; or
• Maintaining the applicable continuous claims made policy with liability coverage.
The Contractor or Subcontractor shall furnish certification of this extended reporting requirement as a condition
to receive Third Notice under 00150.90(b)and 00180.50(g).
If the Contractor will be performing pollution related Work, this coverage covering the Contractor must be
provided. If an appropriate subcontractor, but not the Contractor, will perform the pollution related Work,
Commercial Automobile Liability with Pollution Coverage covering the subcontractor, but not the Contractor,
must be provided, however,the Contractor shall provide Commercial Automobile Liability insurance coverage
covering the Contractor as provided in the Commercial Automobile Liability bullet above. If both the Contractor
and an appropriate subcontractor will be performing pollution related Work, Commercial Automobile Liability
with Pollution Coverage covering both the Contractor and the subcontractor shall be provided, and the
Contractor may provide the coverage covering both the Contractor and the subcontractor, or the Contractor
and the subcontractor may provide their own, separate Commercial Automobile Liability with Pollution
coverages.
(c) Tail Coverage- If any of the required liability insurance coverages of 00170.70(a)are on a"claims made"
basis, "tail" coverage will be required at the completion of the Contract for a duration of 36 months. The
Contractor shall furnish certification of "tail" coverage for 36 months following Contract completion.
Continuous "claims made" coverage will be acceptable in lieu of"tail" coverage, provided its retroactive date
is on or before the effective date of the Contract. If Continuous"claims made"coverage is used,the Contractor
shall keep the coverage in effect for a duration of not less than 36 months from the end of the Contract. This
will be a condition of Final Acceptance.
(d) Excess/Umbrella Liability-A combination of primary and Excess/Umbrella Insurance may be used to
meet the required limits of insurance. Excess/Umbrella coverage must be at least as broad as that provided
by the underlying primary insurance policies. In addition, the limits of the underlying primary insurance must
be sufficient to prevent any gap between such minimum limits and the attachment point of the coverage
provided by the Excess/Umbrella Liability policy.
(e) Additional Insured- The liability insurance coverages of 00170.70(a) shall include the Agency, the
Agency's governing body, board, or Commission and its members, and the Agency's officers, agents, and
employees as Additional Insureds, but only with respect to the Contractor's activities to be performed under
the Contract. If indicated by Special Provisions that federal transportation funding is involved, the liability
coverages of 00170.70(a)shall also include the State of Oregon,the Oregon Transportation Commission and
the Oregon Department of Transportation and their respective officers,members and employees as additional
insureds, but only with respect to the Contractor's activities to be performed under the Contract. Coverage
shall be primary and non-contributory with any other insurance and self-insurance. The liability coverages of
00170.70(a)that are permitted by the Agency to be obtained by an appropriate subcontractor shall include all
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of the foregoing as Additional Insureds and shall also include Contractor and its officers and employees as
Additional Insureds.
Additional Insured Endorsements on the Commercial General Liability shall be written on ISO Form CG 20 10
07 04, or equivalent,with respect to liability arising out of ongoing operations and ISO Form CG 20 37 07 04,
or equivalent, with respect to liability arising out of completed operations. Additional Insured Endorsements
shall be submitted with the Certificate(s)of Insurance and must be acceptable to the Agency.
(f) Workers' Compensation-All employers, including the Contractor and Subcontractors, if any, that
employ subject workers who are performing Work or providing labor or Materials under the Contract in the
State shall comply with ORS 656.017 and provide the required Workers'Compensation coverage,unless such
employers are exempt under ORS 656.126. The Contractor shall ensure that each of its Subcontractors
complies with these requirements.
The Contractor shall certify in the Contract that the Contractor is registered by the Oregon Workers'
Compensation Division either as a carrier-insured employer,a self-insured employer,an exempt employer,or
is an independent contractor who will perform the Work without the assistance of others.
The Contractor shall ensure that its insurance carrier files a guaranty contract with the Oregon Workers'
Compensation Division before performing any Work.
(g) Notice of Cancellation or Change-The Contractor shall not cancel, change materially, or take any
action showing intent not to renew the insurance coverage(s)without 30 days'advance written notice from the
Contractor or its insurer(s) to the Agency The Contractor shall be responsible for ensuring that insurance
coverage(s) obtained by an appropriate subcontractor, as permitted by the Agency under 00170.70(a), are
not cancelled, changed materially, or have any action taken by the subcontractor showing intent not to renew
the insurance coverage(s)without 30 days'advance written notice from the Contractor or the insurer(s)to the
Agency. Any failure to comply with the reporting provisions of this insurance shall not affect the coverage(s)
provided to the Agency, County, City, or other applicable political jurisdiction or to the Agency's governing
body, board, or Commission and its members,and the Agency's officers and employees.
(h) Certificate(s) of Insurance-As evidence of the insurance coverages required by this Contract, the
Contractor shall furnish Certificate(s)of Insurance to the Agency at the time(s) provided in 00130.50(a). As
evidence of insurance coverages required by this Contract but permitted by the Agency under 00170.70(a)to
be obtained by an appropriate subcontractor, the Contractor shall furnish Certificate(s) of Insurance to the
Agency for such coverages together with the Contractor's request under 00180.21 for approval of the
subcontract with that subcontractor. The Certificate(s) will specify all of the parties who are Additional
Insureds. The Contractor shall obtain, or ensure that the appropriate subcontractors obtain, insurance
coverages required under this Contract from insurance companies or entities acceptable to the Agency and
authorized to issue insurance in the State. The Contractor, or the appropriate subcontractor, but not the
Agency,shall be responsible for paying all deductibles, self-insured retentions and/or self-insurance included
under these provisions.
(i) Builders'Risk— If indicated by Special Provision,the Contractor shall obtain,at its expense,and keep in
effect during the term of the Contract, Builder's Risk insurance on an all risks of direct physical loss basis,
including,without limitation,earthquake and flood damage,for an amount equal to at least the value indicated
in the Special Provisions. The policy shall not contain a coinsurance clause or any collapse exclusions. Any
deductible shall not exceed $50,000 for each loss, except that the earthquake and flood deductible shall not
exceed 5%of each loss or$50,000,whichever is greater.The policy shall include the Agency as loss payees.
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00170.71 Independent Contractor Status-The service or services to be rendered under this Contract are
those of an independent contractor.The Contractor is not an officer, employee, or agent of the Agency State
as those terms are used in ORS 30.265.
00170.72 Indemnity/Hold Harmless -To the fullest extent permitted by law, and except to the extent
otherwise void under ORS 30.140, the Contractor shall indemnify, defend (with counsel approved by the
Agency) and hold harmless the Agency, Agency's employees and authorized representatives, Design
Engineer,Design Engineer's consultants,and their respective officers,directors,agents,employees,partners,
members, stockholders and affiliated companies, and if indicated by Special Provisions that federal
transportation funding is involved the State of Oregon,the Oregon Transportation Commission and the Oregon
Department of Transportation and their respective officers and members and employees (collectively
"Indemnitees") from and against all liabilities, damages, losses, claims, expenses (including reasonable
attorney fees), demands and actions of any nature whatsoever that arise out of, result from or are related to
the following:
• Any damage, injury, loss, expense, inconvenience or delay described in this Section 00170.
• Any accident or occurrence which happens or is alleged to have happened in or about the Project Site
or any place where the Work is being performed,or in the vicinity of either,at any time prior to the time
the Work is fully completed in all respects.
• Any failure of the Contractor to observe or perform any duty or obligation under the Contract Documents
that is to be observed or performed by the Contractor,or any breach of any agreement,duty,obligation,
responsibility,covenant, provision, requirement, representation or warranty of the Contractor contained
in the Contract Documents or in any subcontract.
• The acts, errors or omissions of the Contractor, a subcontractor or anyone directly or indirectly
employed by them or any one of them or anyone for whose acts they may be liable, regardless of
whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder
but, in such case, only to Contractor's or subcontractor's proportionate extent.
• Any failure to comply with all applicable Laws by the Contractor or any Subcontractor, or anyone
employed by any one of them,or anyone for whose acts they may be liable.
• Any lien filed upon the Project or bond claim in connection with the Work.
Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity
which would otherwise exist as to a party or person described in this Subsection.
In claims against any person or Entity indemnified under this Subsection by an employee of the Contractor,a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable,
the indemnification obligation under this Subsection shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers'
compensation acts, disability benefit acts or other employee benefit acts.
Notwithstanding the Contractor's foregoing defense obligations, neither the Contractor nor any attorney
engaged by the Contractor shall defend any claim in the name of the Agency, nor purport to act as legal
representative of the Agency, without the prior written consent of the Agency's legal counsel. The Agency
may, at any time at its election, assume its own defense and settlement in the event that it determines that
the Contractor is prohibited from defending the Agency,or that the Contractor is not adequately defending the
Agency's interests, or that an important governmental principle is at issue or that it is in the best interests of
the Agency to do so. The Agency reserves all rights to pursue any claims it may have against the Contractor.
When federal transportation funding is involved, the following additional requirements apply:
• The State of Oregon, the Oregon Transportation Commission and the Oregon Department of
Transportation and their respective officers and members and employees (for purposes of this
Subsection 00170.72 collectively"State")are additional Indemnitees.
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• Neither Contractor nor Subcontractors nor any attorney engaged by the Contractor or Subcontractors
shall defend any claim in the name of the State or purport to act as legal representative of the State or
any of its agencies, without the prior written consent of the State's legal counsel, the Oregon Attorney
General. State may,at any time at its election,assume its own defense and settlement in the event that
it determines that the Contractor or Subcontractors are prohibited from defending the State, or that the
Contractor or Subcontractors are not adequately defending the State's interests, or that an important
governmental principle is at issue or that it is in the best interests of the State to do so.The State reserves
all rights to pursue any claims it may have against the Contractor or Subcontractors.
• Contractor shall include a provision in each subcontract requiring Subcontractors to indemnify, defend
(with counsel approved by the State) and hold harmless the State in accordance with this Subsection
00170.72.
00170.74 Employee Drug Testing Program-As required by ORS 279C.505(2), the Contractor shall have
in place, and maintain during the period of the Contract, an employee drug-testing program. The Agency
retains the right to audit and/or monitor the program. On request by the Engineer,the Contractor shall furnish
a copy of the employee drug-testing program.
00170.75 Oregon Tax Laws — The Contractor shall comply with Oregon tax laws as required by ORS
305.385.
00170.76 Subcontractors Nondiscrimination — The Contractor shall comply with ORS 279A.110 as to
nondiscrimination as to relations with Subcontractors.
00170.78 Conflict of Interest-The Contractor shall not give or offer any gift, loan, or other thing of value to
any member of the Agency's governing body or employee of the Agency in connection with the award or
performance of any Contract.
The Contractor shall not rent, lease, or purchase Materials, supplies, or Equipment, with or through any
Agency employee or member of the Agency's governing body.
No ex-employee of the Agency who has worked for the Agency on any phase of the Project within the prior
two years may be employed by the Contractor to perform Work on the Project.
00170.79 Third Party Beneficiary-There are no third-party beneficiaries of the Contract, unless federal
transportation funding is involved then the State of Oregon, the Oregon Transportation Commission and the
Oregon Department of Transportation and their respective officers and members and employees, are third-
party beneficiaries of the Contract.
00170.80 Responsibility for Damage to Work:
(a) Responsibility for Damage in General-The Contractor shall perform Work, and furnish Materials and
Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been
completed and until Final Completion as determined by the Agency. The Contractor shall repair all damages
to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise
provided in this Section.
(b) Repair of Damage to Work- Until Final Completion,the Contractor shall promptly rebuild, repair, restore,
and make good damages to all portions of the permanent or temporary Work. The Contractor shall perform
all repairs of damage to Work at no additional cost to the Agency, except for repairs necessitated by damage
caused by:
• Acts of God or Nature, as defined in Section 00110; or
• Actions of governmental authorities.
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(c) Vandalism and Theft—Vandalism includes damage to or destruction of Work or portions of Work that
remain on the Project Site resulting from vandalism, criminal mischief, arson, or other criminal or illegal
behavior.
The Contractor shall provide protection of the Work from vandalism until Final Completion. Theft includes the
loss of Work or portions of Work that are lost or stolen or otherwise unaccounted for from the Project Site or
from Materials or fabrication locations. The Contractor shall remain solely responsible for all losses caused
by theft, including without limitation theft that occurs in conjunction with vandalism.
(d) Responsibility for Damage to Work Caused by Public Traffic-The Contractor may apply for relief of
responsibility for damage to Work caused by Public Traffic by submitting a signed Contractor's Request for
Relief of Responsibility, form 734-2768, to the Engineer by mail, personal delivery, courier, scanned and
submitted via email,or other agreed-upon method.
The Engineer will process a maximum of two forms per month and return the forms within 7 Calendar Days
indicating each item as"approved"or"denied".
The approval of the Engineer is limited,and is made only for the purposes of determining relief of responsibility
for damage to completed portions of the Work caused by Public Traffic. The completed portions of the Work
are not considered complete,and are not finally accepted for any other purposes under the Contract.
00170.82 Responsibility for Damage to Property and Facilities:
(a) In General -As used in this Subsection, the term "Contractor" shall include the Contractor's agents,
Subcontractors, and all workers performing Work under the Contract; and the term "damage" shall include
without limitation soiling or staining surfaces by tracking or splashing mud, asphalt, and other materials, as
well as damage of a more serious nature.
The Contractor shall be solely responsible for damages arising from:
• The Contractor's operations;
• The Contractor's negligence,gross negligence, or intentional wrongful acts;and
• The Contractor's failure to comply with any Contract provision.
The Agency may withhold funds due the Contractor or the Contractor's Surety until all lawsuits, actions, and
claims for injuries or damages are resolved,and satisfactory evidence of resolution is furnished to the Agency.
(b) Protection and Restoration of Agency Property and Facilities-The following requirements apply to
highways, highway Structures and other improvements that are existing, under construction, or completed.
The Contractor shall:
• Provide adequate protection to avoid damaging Agency property and facilities;
• Be responsible for damage to Agency property and facilities caused by or resulting from the
Contractor's operations; and
• Clean up and restore such damage by repair, rebuilding, replacement, or compensation, as
determined by the Engineer.
(c) Protection and Restoration of Non-Agency Property and Facilities-The Contractor shall determine
the location of properties and facilities that could be damaged by the Contractor's operations,and shall protect
them from damage. The Contractor shall protect monuments and property marks until the Engineer has
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referenced their location and authorized their removal. The Contractor shall restore property or facilities
damaged by its operations to the condition that existed before the damage, at no additional compensation.
The Contractor shall provide temporary facilities when needed, e.g.,to maintain normal service or as directed
by the Engineer, until the required repair, rebuilding, or replacement is accomplished.
The Contractor shall protect specific service signs,e.g., business logos, and tourist-oriented directional signs
(TODS) from damage, whether the signs are to remain in place or be placed on temporary supports. The
Contractor shall repair or replace damaged signs at no cost to the Agency.
00170.85 Responsibility for Defective Work-The Contractor shall make good any defective Work,
Materials or Equipment incorporated into the Work, according to the provisions of Section 00150.
(a) Latent Defects-The Contractor shall remain liable for all latent defects resulting from causes other than
fraud or gross mistakes that amount to fraud until the expiration of all applicable statutes of limitation and
ultimate repose, the Performance Bond, Warranty Bond, or Correction Period, whichever expires last. The
Contractor shall remain liable for all latent defects resulting from fraud or gross mistakes that amount to fraud
regardless of when those latent defects may be discovered,and regardless of whether such discovery occurs
outside any applicable statutes of limitation or ultimate repose or any applicable Performance Bond,Warranty
Bond, or Correction Period.
(b) Correction Period Warranty for Agency Projects—The Contractor shall warrant all Work and
workmanship,including Changed Work,Additional Work, Incidental Work,On-Site Work,and Extra Work,and
Materials and Equipment incorporated in the Work,for one year from the date of Third Notification,except that
manufacturers' warranties and extended warranties according to 00170.85(c) shall not be abridged. The
Correction Period Warranty described herein shall include extension of the Performance Bond for a period of
one year from the date of Third Notification. See Special Provisions
The Contractor shall be responsible for meeting the technical and performance Specifications required,
making good the Work,and for all repairs of damage to the Work and other improvements,natural and artificial
structures, systems, equipment, and vegetation caused by, or resulting in whole or in part from, occurrences
beginning during the warranty period and are the result of defects in Materials, Equipment,and workmanship.
The Contractor shall be responsible for all costs associated with completing the repair of the defects and for
associated Work including, but not limited to, permitting, mobilization, traffic control, erosion control, surface
restoration,site cleanup and remediation caused by,or resulting in whole or in part from, defects in Materials,
Equipment, or workmanship, and other Work determined by the Engineer to be necessary to complete the
repair of the defects.
Within 10 Calendar Days of the Agency's written notice of defects, the Contractor, or the Contractor's Surety,
shall vigorously and continuously correct and repair the defects and all related damage. If the Contractor or
the Contractor's Surety fails to correct and repair the defects,the Agency may have the correction and repair
done by others. The Contractor or Contractor's Surety shall promptly reimburse the Agency for all expenses
incurred to correct and repair the defects.
In the event of an emergency, where delay could result in serious loss or damage, the Agency may make
emergency corrections and repairs, without written notice. The Contractor or Contractor's Surety shall
promptly reimburse the Agency for all expenses incurred to correct and repair the defects.
Corrections, repairs, replacements or changes shall be warranted for an additional 1year period beginning on
the date of the Agency's acceptance of the corrections, repairs, replacements or changes.
Without limiting the general applicability of other survival clauses under the Contract, this warranty provision
shall survive expiration or termination of the Contract.
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(1) Manufacturer,Supplier or Installer Warranties-For those Specification Sections referencing this
00170.85(c-1) Subsection, the Contractor shall furnish Warranties from the Manufacturer, Supplier or
Installer and signed by the respective authorized Representative.
The warranty period will be specified in the applicable Specification Section for which it applies.
The warranty period will begin on the date the Engineer issues Third Notification unless otherwise
specified in the Contract.
Corrections, repairs, replacements or changes shall be warranted for an additional Warranty period
beginning on the date of the Agency's acceptance of the corrections, repairs, replacements or changes.
When the Agency makes written notification to the Manufacturer,Supplier or Installer of failure of an item
covered by this warranty, the warranty period will stop for the effected item or the portion of the effected
item that failed, as applicable, until the required repairs or replacements are made and accepted. All
repaired or replaced items shall meet current specifications, unless otherwise specified in the Contract,
and will be warranted for the remaining warranty period.
If, in the opinion of the Engineer, temporary repairs are necessary, the temporary repairs will be made
by the Agency or an independent contractor at the Manufacturer's,Supplier's or Installer's expense. The
Manufacturer,Supplier or Installer shall replace all temporary repairs at no additional cost to the Agency.
The Manufacturer, Supplier or Installer shall provide all required traffic control during repair or
replacement of failed items at no additional cost to the Agency.
Warranty work shall be performed when weather permits.
(2) Trade Practice Guarantees- For those Items installed on the Project that have customary trade
practice guarantees,the Contractor shall furnish the guarantees to the Engineer at the completion of the
Contract.
00170.89 Protection of Utility, Fire-control, and Railroad Property and Services; Repair; Roadway
Restoration:
(a) Protection of Utility, Fire-Control,and Railroad Property and Services; Coordination
The Contractor shall avoid damaging the properties of Utilities, Railroads, railways,and fire-control authorities
during performance of the Work. The Contractor shall cooperate with and facilitate the relocation or repair of
all Utilities and Utility services, as required under 00150.50, and of Railroad and fire-control property and
railways.
The Contractor shall conduct no activities of any kind around fire hydrants until the local fire-control authority
has approved provisions for continued service.
The Contractor shall immediately notify any Utility, Railroad,or fire-control authority whose facilities have been
damaged.
If an Entity has a valid permit from the proper authority to construct, reconstruct, or repair Utility, Railroad, or
fire-control service in the Roadway,the Contractor shall allow the permit holder to perform the work.
(b) Restoration of Roadway after Repair Work-The Contractor shall restore the Roadway to a condition
at least equal to that which existed before the repair work addressed under this Subsection was performed,
as directed by the Engineer, at no additional cost to the Agency. All restoration work required as a result of
Contractor's failure to protect Utilities, Railroads, railways and fire-control facilities shall be at the Contractor's
expense. Restoration which constitutes Extra Work will be paid as Extra Work.
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00170.92 Fencing, Protecting Stock, and Safeguarding Excavations-The Contractor shall be
responsible for loss, injury, or damage that results from its failure to restrain stock and persons.
(a) At the Contractor's Expense-The Contractor shall restrain stock to lands on which they are confined
using temporary fences or other adequate means. The Contractor shall provide adequate temporary fences
or other protection around excavations to prevent animals and unauthorized persons from entering.
The Contractor shall repair, at Contractor's expense and to the Engineer's satisfaction, fences damaged by
the Contractor's operations and the operations of the Contractor's agents, employees and Subcontractors.
(b) At the Agency's Expense-The Contractor shall construct fences, or move and reconstruct fences, as
shown on the Contract Documents or as directed by the Engineer. The Contractor shall tear down and remove
fencing within the Right-of-Way when no longer needed, as part of the removal Work described in and paid
for according to Section 00310.
00170.93 Trespass-The Contractor shall be responsible for its own, its agents' and employees', and its
Subcontractors'trespass or encroachment upon, or damage to, property during performance of the Contract.
00170.94 Use of Explosives-The Contractor shall comply with all Laws pertaining to the use of explosives.
The Contractor shall notify anyone having facilities near the Contractor's operations of the Contractor's
intended use or storage of explosives. The Contractor shall be responsible for all damage resulting from its
own, its agents' and employees', and its Subcontractors' use of explosives. (see 00330.41(e) and Section
00335)
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Section 00180-Prosecution and Progress
00180.00 Scope-This Section consists of requirements for assignment of the Contract,subcontracting,time
for performance, Contract responsibility, suspensions, terminations, and related provisions.
00180.05 Assignment/Delegation of Contract-Unless the Agency gives prior written consent, the
Contractor shall not assign, delegate, sell, or transfer to any Entity, or otherwise transfer or dispose of any
Contract rights or obligations under the Contract,whether voluntarily or involuntarily, and whether by merger,
consolidation,dissolution,operation of law, or any other manner, including,without limitation:
• The power to execute or duty to perform the Contract; or
• Any of its right, title or interest in the Contract.
Any purported or attempted assignment,delegation,sale,transfer or disposition without prior Agency consent
shall be voidable.
Such Agency consent will not normally be given except for the assignment of funds due under the Contract,
as provided in 00180.06.
If written Agency consent is given to assign, delegate, sell, or otherwise transfer or dispose of any Contract
rights or obligations under the Contract, such consent, it shall not relieve the Contractor or its Surety of any
part of their duties, obligations, responsibilities, or liabilities responsibility under or pursuant to the Contract.
00180.06 Assignment of Funds Due under the Contract-Assignment of funds due or to become due
under the Contract to the Contractor will not be permitted unless:
• The assignment request is made on the form provided by acceptable to the Agency;
• The Contractor secures the written consent of the Contractor's Surety to the assignment;and
• The Engineer approves the assignment,which will not be unreasonably withheld.
00180.10 Responsibility for Contract-The Contractor shall direct and coordinate the operations of its
employees, Subcontractors and agents performing Work, and see that the Engineer's orders are carried out
promptly. The Contractor's failure to direct, supervise and control its employees, Subcontractors and agents
performing Work will result in one or more of the following actions, or other actions as the Engineer deems
appropriate:
• Suspension of the Work;
• Withholding of Contract payments,as necessary to protect the Agency;
• Ordering removal of individuals from the Project Site;or
• Termination of the Contract.
Action by the Agency under this provision will not prejudice any other remedy it may have.
00180.15 Agency's Right to Do Work at Contractor's Expense-Except as otherwise provided
in 00150.75 and 00220.60, if the Contractor neglects to prosecute the Work properly or fails to perform any
provision of the Contract,the Agency may, after two Calendar Days'written notice, correct the deficiencies at
the Contractor's expense. In situations where the Engineer reasonably believes there is danger to life or
property,the Agency may immediately and without notice correct the deficiencies at the Contractor's expense.
Action by the Agency under this provision will not prejudice any other remedy it may have.
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00180.20 Subcontracting Limitations:
(a) General-The Contractor's own organization shall perform Work amounting to at least the percentage of
the original Contract Amount.as indicated in the Special Provisions. The value of subcontracted Work is the
full compensation to be paid to the Subcontractor(s)for all pay items in the Subcontract(s).
(b) Own Organization-The term"own organization", as used in Section 00180, includes only employees of
the Contractor, Equipment owned or rented by the Contractor, Incidental rental of operated Equipment, truck
hauling of materials not included in or requiring a subcontract,and Materials and Equipment to be incorporated
into the Work purchased or produced by the Contractor.
(c) Rental of Operated Equipment-The Agency will not allow a Disadvantaged Business Enterprise(DBE)
firm to provide services without a subcontract covering all Work to be performed by the DBE firm.
(d) Disadvantaged Business Enterprise (DBE)-Every agreement to perform Work, including, without
limitation,subcontracts,trucking services agreements, purchase orders,and rental agreements,shall indicate
whether the Work will be performed by a DBE or non-DBE.
(e) Trucking-This Section does not apply to delivery of Materials by or for or from a Supplier. This
Subsection applies to all truck hauling of materials not performed with trucks owned (or rented)and operated
by the Contractor. If the services under Rental of Operated Equipment or Trucking are provided by a
committed DBE firm, a subcontract is required under 00180.21. For this purpose, a committed DBE firm is
one that was identified by the Contractor to meet an assigned DBE goal including DBE firms substituting for
DBE firms committed as a condition of Contract Award.
(1) Trucking Services Agreement-The Contractor shall submit at the preconstruction conference one
or more proposed trucking services agreements for all trucking services for hauling materials. The
proposed agreements shall include:
• Statement specifying whether the services will be provided by a DBE;
• Statement specifying whether the services will be provided by an owner/operator;
• Prompt payment clause(10 days)(ORS 279C.580);
• Interest penalty clause(ORS 279C.580);
• Lower-tier clause (ORS 279C.580);
• Statement about the provider's ability to file a complaint with the Construction Contractors Board
(ORS 279C.515);
• Statement that workers shall be paid not less than the specified minimum hourly rate of wage
(ORS 279C.830)as applicable;
• Provision requiring the provider to have a public works bond filed with the Construction
Contractors Board before starting work on the Project, unless exempt under ORS 279C.836(4)
or (9), or has elected to not file a bond under ORS 279C.836(7) or (8), or is otherwise not
applicable;
• Insurance clauses that include Commercial Automobile Liability and Workers Compensation
(ORS 656.017 unless exempt under ORS 656.126);
• Provision requiring the provider to comply with applicable Contract provisions, including,without
limitation, Record Requirements in 00170.07; and
• Construction Contractors Board License Number if applicable.
The Agency must review and consent to the proposed trucking services agreements prior to use.
(2) Limitations-The approved trucking services agreements shall be used for all trucking services for
hauling materials not provided by trucks owned (or rented) and operated by the Contractor except for
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trucking services provided by committed DBEs that require a subcontract under 00180.21. The
Contractor shall execute a trucking services agreement with every trucking services provider for hauling
materials prior to the trucking services provider doing any Work on the Project Site.
(3) Submittals-The Contractor shall provide the Engineer with an executed copy of the trucking
services agreement not later than 2 Days after the trucking services provider for hauling materials has
started work. The Contractor shall make certain that the provider of approved trucking services submits
payrolls required under Section 00170, complies with applicable Contract provisions, including, without
limitation, 00170.07, and complies with applicable trucking services agreement provisions. The work or
service provider will not be considered a Subcontractor under the Contract, but the work or services will
be considered to have been performed by the Contractor's own organization for the purposes of
determining compliance with 00180.20(a). If the trucking services are provided by an owner/operator:
• Attach a copy of the data required under 00170.65(b)(4)to the trucking services agreement;and
• Each truck shall have the name of the owner/operator clearly displayed on the side of the truck.
(4) Revocation of Approval-The Engineer may revoke approval for trucking services provided under
the trucking services agreement at any time the Engineer determines that the work or service is outside
that authorized under 00180.20(e). Upon revocation of approval, the service provider shall be
immediately removed from the Project Site.
00180.21 Subcontracting:
(a) General-The Contractor shall not subcontract or perform any portion of the Contract by other than the
Contractor's own organization without the Agency's prior written consent. A request for consent to
subcontract,at any tier, solely for the furnishing of a labor force will not be considered.
A written request for consent to subcontract any portion of the Contract at any tier shall be submitted to the
Engineer, along with documentation of the good faith efforts to employ a COBID-certified subcontractor, and
when required by the Engineer, shall be accompanied by background information showing that the
organization proposed to perform the Work is experienced and equipped for such Work. The Agency will
review the Contractor's submission to verify compliance with Contract requirements, confirm the percentage
of Work subcontracted,COBID good faith efforts,and evaluate the proposed Subcontractor's ability to perform
the Work. If the Agency approves the Contractor's request to subcontract, the Agency will provide its written
notice of its determination to give or withhold consent to the Contractor's request as follows:
• If the Subcontractor is not providing any of the insurance coverages as permitted under 00170.70(a),
the Agency will respond within 7 Calendar Days after the Engineer's receipt of the request.
• If the subcontractor is not providing any of the insurance coverages as permitted under 00170.70(a),
the Agency will respond within seven (7) Calendar Days after the Engineer's receipt of the request.
(28 Calendar Days for the Agency to review and approve the Certificates of Insurance required by
00170.70(g)plus seven (7)Calendar Days to review and approve the subcontract request.)
• The Engineer may revoke consent to subcontract. If the Engineer revokes consent to subcontract,
the Subcontractor shall be immediately removed from the Project Site.
• If the subcontractor is providing any of the insurance coverages as permitted under 00170.70(a),the
Agency will respond within 14 Calendar Days after the Engineer's receipt of the request. (Seven (7)
Calendar Days for the Agency to review and approve the Certificates of Insurance required by
00170.70(f)plus seven (7)Calendar Days to review and approve the subcontract request.)
(b) Submittal of Requests-The Contractor must submit requests for consent to subcontract any portion of
the Contract, at any tier, to the Engineer. The Contractor shall attach a duplicate original subcontract
agreement. The Contractor must also submit in writing any amendments or modifications proposed to Agency-
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approved subcontract agreements,at any tier, before the affected Work begins. The Agency's written consent
will be required before such amendments or modifications become effective.
(c) Substitution of Disclosed Subcontractors-The Contractor may only substitute a previously disclosed
first-tier Subcontractor according to the provisions of ORS 279C.585 or a previously disclosed COBID
subcontractor according to the provisions of subsection (a)above. The Contractor shall provide the Engineer
with a written notification that identifies the name of the proposed new Subcontractor and the reason for the
substitution. Authorized reasons for substitution are limited to the following circumstances (see
ORS 279C.585(1)through ORS 279C.585(10)):
• The disclosed Subcontractor fails or refuses to execute a written contract that is reasonably based
either upon the Project Plans and Specifications,or the terms of the Subcontractor's written Bid,after
having had a reasonable opportunity to do so;
• The disclosed Subcontractor becomes bankrupt or insolvent;
• The disclosed Subcontractor fails or refuses to perform the contract;
• The disclosed Subcontractor fails or refuses to meet the bond requirements of the prime Contractor
that had been identified prior to the Bid submittal;
• The Contractor demonstrates to the Agency that the Subcontractor was disclosed as the result of
an inadvertent clerical error;
• The disclosed Subcontractor does not hold a license from the Construction Contractors Board and
is required to be licensed by the board;
• The Contractor determines that the Work performed by the disclosed Subcontractor is not in
substantial compliance with the Plans and Specifications, or that the Subcontractor is substantially
delaying or disrupting the progress of the Work;
• The disclosed Subcontractor is ineligible to work on a public improvement according to the applicable
statutory provisions;
• The substitution is for"good cause"as defined by State Construction Contractors Board rule; or
• The substitution is reasonably based on the Contract alternates chosen by the Agency.
(d) Terms of Subcontracts-All Subcontracts shall provide that work performed under the subcontract shall
be conducted and performed according to, and shall include, the pertinent requirements, provisions, terms,
and conditions of the Contract, including but not limited to the requirements of 00170.72. Compliance with
00170.07 is required. All subcontracts, including Contractor's with the first-tier Subcontractors and those of
the first-tier Subcontractors with their subcontractors, and any other lower-tier subcontracts shall contain a
clause or condition that if the Contractor or a subcontractor fails, neglects, or refuses to make payment to an
Entity furnishing labor or Materials in connection with the Contract, the Entity may file a complaint with the
Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in
ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall include:
(1) A payment clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory
performance under the subcontract within 10 Calendar Days out of amounts the Agency pays to the
Contractor under the Contract.
(2) A clause that requires the Contractor to provide the first-tier Subcontractor with a standard form
that the first-tier Subcontractor may use as an application for payment or as another method by which
the Subcontractor may claim a payment due from the Contractor.
(3) A clause that requires the Contractor, except as otherwise provided in this subsection, to use the
same form and regular administrative procedures for processing payments during the entire term of the
subcontract. The Contractor may change the form or the regular administrative procedures the
Contractor uses for processing payments if the Contractor:
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• Notifies the Subcontractor in writing at least 45 Calendar days before the date on which the
Contractor makes the change;and
• Includes with the written notice a copy of the new or changed form or a description of the new
or changed procedure.
(4) An interest penalty clause that obligates the Contractor, if the Contractor does not pay the first-tier
Subcontractor within 30 Calendar Days after receiving payment from the Agency, to pay the first-tier
Subcontractor an interest penalty on amounts due in each payment the Contractor does not make in
accordance with the payment clause included in the subcontract under 00180.21(d)(1). The Contractor
or first-tier Subcontractor is not obligated to pay an interest penalty if the only reason that the Contractor
or first-tier Subcontractor did not make payment when payment was due is that the Contractor or first-tier
Subcontractor did not receive payment from the Agency or the Contractor when payment was due. The
interest penalty applies to the period that begins on the day after the required payment date and ends
on the date on which the amount due is paid;and shall be computed at the rate specified in 00170.10(c).
(5) A clause that requires the Contractor's first-tier Subcontractor to include a payment clause and an
interest penalty clause that conform to the standards of ORS 279C.580 (see 00180.21(d)(1) and
00180.21(d)4)) in each of the first-tier Subcontractor's subcontracts and to require each of the first-tier
Subcontractor's subcontractors to include such clauses in their subcontracts with each lower-tier
subcontractor or Material supplier.
These payment clauses shall require the Contractor to return all retainage withheld from the
Subcontractor,whether held by the Contractor or the Agency, as specified in 00195.50(d).
As required by ORS 279C.800 through ORS 279C.870,subcontracts shall include:
• A provision requiring the subcontractor to have a public works bond filed with the Construction
Contractors Board before starting Work on the Project, unless exempt.
• A provision requiring that the workers shall be paid not less than the specified minimum hourly
rate of wage.
As and when applicable, the Contractor shall require in its subcontracts that Subcontractors maintain the
certifications required by ORS 279A.107.
(e) Contractor's Responsibilities-As a condition of the Agency's grant of consent to subcontract,whether
or not stated in the subcontract agreement itself, the Contractor shall remain solely responsible for
administration of the subcontract, including, but not limited to:
• Performance of subcontracted Work;
• Progress of subcontracted Work;
• Payments for accepted subcontracted Work; and
• Disputes and claims for additional compensation regarding subcontracted Work.
It shall be the direct responsibility of the Contractor to ensure that each and every Subcontractor will not only
be issued a complete and current set of Plans and Specifications,but also that these Plans and Specifications
are on the project site and in use by the Subcontractor when it is performing its portion of the project.
Subcontracted Work shall not create a contract between the Agency and the Subcontractor, will not convey
to the Subcontractor any rights against the Agency, and will not relieve the Contractor or the Contractor's
Surety of any of their responsibilities under the Contract.
(f) Failure to Comply- Failure to comply with 00180.21 will be cause for the Engineer to take action
reasonably necessary to obtain compliance. This action may include, but is not limited to:
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• Suspension of the Work;
• Withholding of Contract payments as necessary to protect the Agency; and
• Termination of the Contract.
00180.22 Payments to Subcontractors and Agents of the Contractor-To the extent practicable, the
Contractor shall pay in the same units and on the same basis of measurement as listed in the Schedule of
Items for subcontracted Work or other Work not done by the Contractor's own organization. The Agency will
not be responsible for any overpayment or losses resulting from overpayment by the Contractor to
Subcontractors and to its other agents,work providers, service providers, and trucking service providers.
If requested, the Engineer will make estimates of the Work quantities performed by Subcontractors or by
others on the Project, and of Materials eligible for advances on Materials in the progress payments. These
estimates are approximate only, and will be made in units of measure as listed in the Schedule of Items. The
Agency does not guarantee the accuracy of these estimates,and an incorrect estimate will not bind the Agency
in final settlement.
If requested in writing by a first-tier Subcontractor, the Contractor shall send to the Subcontractor, within
10 Calendar Days of receiving the request, a copy of that portion of any invoice or request for payment
submitted to the Agency, or pay document provided by the Agency to the Contractor, specifically related to
any labor, Equipment, or Materials supplied by the first-tier Subcontractor.
00180.30 Materials, Equipment, and Work Force-The Contractor shall furnish suitable and sufficient
Materials, Equipment,and personnel to properly prosecute and complete the Work. The Contractor shall use
only Equipment of adequate size and condition to meet the requirements of the Work and Specifications, and
to produce a satisfactory quality of Work. Upon receipt of the Engineer's written order, the Contractor shall
immediately remove,and not use again on the Project without the Engineer's prior written approval,Equipment
that, in the Engineer's opinion,fails to meet Specifications or produce a satisfactory product or result.
The work force shall be trained and experienced for the Work to be performed. Upon receipt of the Engineer's
written order, the Contractor shall immediately remove from the Project Site, and shall not employ again on
the Project without the Engineer's prior written approval, any supervisor, or employee,worker, agent or other
provider of the Contractor or of any subcontractor or Supplier who, in the Engineer's opinion,does not perform
satisfactory Work or whose conduct interferes with the progress of the Work.
If the Contractor fails to remove Equipment or persons as ordered, or fails to furnish suitable and sufficient
Materials, Equipment and personnel for the proper prosecution of the Work, the Engineer may suspend the
Work by written notice until such orders are complied with and such deficiencies are corrected,or the Engineer
may terminate the Contract under the provisions of 00180.90(a).
00180.31 Required Materials, Equipment, Products, and Methods-The Engineer's decisions under this
Section are final. Substitutions after Award will be considered as provided below unless specified as the
subject of an exemption per ORS 279C.345. See 00120.16 for possible substitutions before Bid Opening.
(a) General-When the Equipment and methods to be used are not specified in the Contract, any Equipment
or methods that accomplish the Work as required by the Contract will be permitted.
When the Contract specifies certain Equipment or methods, the Contractor shall use the Equipment or
methods specified unless otherwise authorized by the Engineer in writing.
(b) Substitution of Materials, Products, and Equipment to be Incorporated into the Work-After
execution of the Contract,the Engineer may approve substitution of Materials, products,and Equipment to be
incorporated into the Work as follows:
(1) Reasons for Substitution-The Engineer will consider substitution only if:
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• In the judgement of the Engineer, the proposed Materials, products, or Equipment are equal to or
superior to the specified items in construction, efficiency and utility; or
• Due to reasons beyond the control of the Contractor, the specified Materials, products, or
Equipment cannot be delivered to the Project in sufficient time to complete the Work in proper
sequence.
(2) Submittal of Request-The Contractor shall submit requests for substitution to the Engineer,
including manufacturers' brochures and other information needed to verify equality of the proposed
item(s).
(c) Substitution of Equipment Specified to Perform Work-The Agency encourages development of new
or improved Equipment and innovative use of Equipment. When the Specifications require Equipment of a
particular size or type to be used to perform certain portions of the Work,the Contractor may submit a request
to the Engineer to use Equipment of a different size or type. The request will not be considered as a cost
reduction proposal under 00140.70. The request shall:
• Be in writing and include a full description of the Equipment proposed and its intended use;
• Include the reasons for requesting the substitution; and
• Include evidence, obtained at the Contractor's expense and satisfactory to the Engineer, that the
proposed Equipment is capable of functioning as well as or better than the specified Equipment.
The Engineer will consider the Contractor's request and will provide a written response to the Contractor,
either permitting or denying use of the proposed Equipment.
Permission may be granted on a trial basis to test the quality of Work actually produced, subject to the
following:
• There will be no cost to the Agency, either in Contract Amount or in Contract Time;
• The permission may be withdrawn by the Engineer at any time if, in the Engineer's opinion, the
Equipment is not performing in all respects equivalent to the Equipment specified in the Contract;
• If permission is withdrawn, the Contractor shall perform the remaining Work with the
originally-specified Equipment; and
• The Contractor shall remove and replace non-specification Work resulting from the use of the
Contractor's proposed Equipment, or otherwise correct it as the Engineer directs, at no additional
compensation.
(d) Substitution of Methods-The Agency encourages development of new, improved, and innovative
construction methods. When the Plans or Specifications require a certain construction method for a portion
of the Work,the Contractor may submit a request for a change by following the provisions of 00140.70, "Cost
Reduction Proposals".
00180.32 Alternative Materials, Equipment, and Methods-Whenever the Contract authorizes certain
alternative Materials, Equipment, or methods of construction for the Contractor's use to perform portions of
the Work, and leaves the selection to the Contractor,the Agency does not guarantee that all listed alternative
Materials, Equipment, or methods of construction can be used successfully throughout all or any part of the
Work.
The Contractor shall employ only those alternatives that can be used to satisfactorily perform the Work. No
additional compensation will be paid for corrective work necessitated by the Contractor's use of an
inappropriate alternative.
00180.40 Limitation of Operations:
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(a) In General-The Contractor shall comply with all Contract provisions and shall:
• Conduct the Work at all times so as to cause the least interference with traffic, and
• Not begin Work that may allow damage to Work already started.
(b) On-Site Work-The Contractor shall not begin On-Site Work until the Contractor has:
• Received Notice to Proceed;
• Filed with the Construction Contractors Board the public works bond as required in 00170.20;
• An approved Project Work schedule;
• An approved Traffic Control Plan;
• An approved Spill Prevention Control and Countermeasure Plan, if required;
• An approved Pollution Control Plan;
• An approved Erosion and Sediment Control Plan;
• Met with the Engineer at the required preconstruction conference; and
• Assembled all Materials, Equipment, and labor on the Project Site, or has reasonably assured that
they will arrive on the Project Site,so the Work can proceed according to the Project Work schedule.
• See Special Provisions
00180.41 Project Work Schedules-The Contractor shall submit a Project Work schedule meeting the
requirements of this Subsection to the Engineer. The Project Work schedule is intended to identify the
sequencing of activities and time required for prosecution of the Work. The schedule is used to plan,
coordinate, and control the progress of construction. Therefore, the Project Work schedule shall provide for
orderly, timely, and efficient prosecution of the Work, and shall contain sufficient detail to enable both the
Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract
responsibilities. Sufficient detail shall also include all required double shifts,overtime work,or combination of
both necessary to complete Contract Work within the Contract Time.
The Contractor shall submit a schedule or plan for each activity that is behind schedule showing, in sufficient
detail, the proposed corrective action to complete Contract Work within the Contract Time. Sufficient detail
shall include all required double shifts, overtime work, or combination of both.
Contractor's activity related to developing, furnishing, monitoring, and updating these required schedules is
Incidental.
The Contractor shall submit a supplemental "look ahead" Project Work schedule each week to the Engineer
prior to or at each Project progress meeting. The'look ahead" Project Work schedule is supplemental to the
Type A, B, or C schedule specified below. The supplemental'look ahead" Project Work schedule shall:
• Identify the sequencing of activities and time required for prosecution of the Work.
• Provide for orderly,timely, and efficient prosecution of the Work.
• Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze,
document, and control their respective Contract responsibilities.
The supplemental "look ahead" Project Work schedule shall be written in common terminology and show the
planned Work activities broken down into logical, separate activities by area, stage, and size and include the
following information:
• The resources the Contractor, subcontractors, or services will use.
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• The locations of each activity that will be done including the limits of the work by mile posts,stations,or
other indicators.
• The time frames of each activity by Calendar Days, shifts, and hours.
• All anticipated shoulder, lane, and road closures.
At a minimum,the Contractor shall prepare a bar chart that:
• Shows at least three weeks of activity including the week the bar chart is issued.
• Uses a largest time scale unit of one Calendar Day. Smaller time scale units may be used if needed.
• Is appropriate to the activities.
• Identifies each Calendar Day by month and day.
Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar
chart.
The Contractor shall submit the supplemental"look ahead" Project Work schedule starting at First Notification
and continuing each week until Second Notification has been issued and all punch list items and final trimming
and clean-up has been completed. The Contractor shall meet with the Engineer each week to review the
supplemental "look ahead" Project Work schedule. If the Engineer or the Contractor determines that the
current supplemental "look ahead" Project Work schedule requires changes or additions, either notations can
be made on the current schedule or the Engineer may require the submittal of a revised supplemental "look
ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project
Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the
Contract.
One of the following Type"A","B",or"C"schedules will be required under the Contract. The type of schedule
will be identified in the Special Provisions.
(a) Type "A"Schedule-When a Type"A"schedule is required,the Contractor shall do the following:
(1) Schedule-Five Calendar Days prior to the preconstruction conference,the Contractor shall provide
to the Engineer four copies of a Project Work schedule, including a time-scaled bar chart and narrative,
showing:
• Expected beginning and completion dates of each activity, including all staging; and
• Elements of the Traffic Control Plan as required under 00221.06.
The schedule shall show detailed Work activities as follows:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Materials samples and shop drawings;
• Fabrication, installation, and testing of special Materials and Equipment; and
• Duration of Work, including completion times of all stages and their sub phases.
For each activity,the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate, in common units of measure;
• The activity duration in Calendar Days; and
• Scheduled start, completion, and time frame shown graphically using a time-scaled bar chart.
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The schedule shall show the Work broken down into logical, separate activities by area, stage, or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common units
of measure, or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in Calendar Days.
• The smallest unit shown shall be one Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
Each page of the bar chart shall include a title block showing the Contract name and number,
Contractor's name,date of original schedule,and all update dates;and a legend containing the symbols
used, their definitions, and the time scale, shown graphically. To ensure readability the bar chart shall
be drawn on a reasonable size of paper up to a maximum of 36 inch by 36 inch, using multiple sheets
when needed.
Within seven Calendar Days after the preconstruction conference,the Engineer and the Contractor shall
meet to review the Project Work schedule as submitted. The Engineer will review the schedule for
compliance with all Contract Time limitations and other restraints. Review of this and subsequent
schedules by the Engineer shall not relieve the Contractor of responsibility for timely and efficient
execution of the Contract. Within 10 Calendar Days of this meeting,the Contractor shall resubmit to the
Engineer four copies of the Project Work schedule, including required revisions.
(2) Review by the Engineer-The Project Work schedule may need revision as the Work progresses.
Therefore, the Contractor shall periodically review the Project Work schedule and progress of the Work
with the Engineer. If the Engineer or the Contractor determines that the Project Work schedule no longer
represents the Contractor's own plans or expected time for the Work, a meeting shall be held between
the Engineer and the Contractor. At this meeting, the Contractor and the Engineer shall review Project
events and any changes for their effect on the Project Work schedule.
The Contractor shall compile an updated Project Work schedule incorporating any changes to the Project
completion time(s). The bar chart shall reflect the updated information. The Contractor shall submit four
copies of the updated Project Work schedule to the Engineer within seven Calendar Days after the
meeting. The report shall include without limitation the following:
• Sufficient narrative to describe the past progress, anticipated activities, and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule; and
• Proposed corrective actions.
(b) Type "B" Schedule-When a Type"B"Schedule is required,the Contractor shall do the following:
(1) Initial Schedule- Five Calendar Days prior to the preconstruction conference,the Contractor shall
provide to the Engineer four copies of a time-scaled bar chart Project Work schedule showing:
• Expected beginning and completion date of each activity, including all staging; and
• Elements of the Traffic Control Plan as required under 00221.06.
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The initial schedule shall show all Work intended for the first 60 Days of the Contract to the level of detail
described in (2)below, and shall show the priority and interdependence(sequencing and network logic)
of all major segments of the remainder of the Work.
(2) Detailed Schedule- In addition to the above requirements, and within 30 Calendar Days after
the Notice to Proceed, the Contractor shall provide the Engineer one digital copy and four paper
copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of the
Work. The digital copy shall be compatible with MS Project 2003, Primavera P3, SureTrak Project
Manager 3.0, or another scheduling program approved by the Engineer.
Detailed work schedule activities shall include the following:
• Construction activities;
• The time needed for completion of the utility relocation work;
• Submittal and approval of Material samples and shop drawings;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special Material and Equipment; and
• Duration of Work, including completion times of all stages and their sub phases.
For each activity,the Project Work schedule shall list the following information:
• A description in common terminology;
• The quantity of Work,where appropriate, in common units of measure;
• The activity duration in normal workdays; and
• Scheduled start, completion, and time frame shown graphically using a time-scaled bar chart.
The schedule shall show the Work broken down into logical, separate activities by area, stage, or size.
The duration of each activity shall be verifiable by manpower and Equipment allocation, in common units
of measure, or by delivery dates.
The bar chart shall be prepared as follows:
• The length of bar shall represent the number of normal workdays scheduled.
• The time scale shall be appropriate for the duration of the Contract.
• The time scale shall be in normal workdays (every day except Saturday, Sunday, and legal
holidays).
• The smallest unit shown shall be one Calendar Day.
• The first day and midpoint of each month shall be identified by date.
• Distinct symbols shall be used to denote multiple shift, holiday, and weekend Work.
The bar chart drawing(s)shall include a title block showing the Contract name and number,Contractor's
name, date of original schedule, and all update dates; and a legend containing the symbols used, their
definitions,and the time scale,shown graphically. To ensure readability the bar chart shall be drawn on
a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiple sheets when needed.
Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall
meet to review the Project schedule as submitted. Within 10 Days of the review meeting,the Contractor
shall resubmit to the Engineer one digital and four paper copies of the Project schedule, including
required revisions.
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The accepted Project schedule shall represent all Work, as well as the planned sequence and time for
the Work. Review of this and subsequent schedules by the Engineer shall not relieve the Contractor of
responsibility for timely and efficient execution of the Contract.
(3) Review and Reporting-The Project Work schedule may require revision as the Work progresses.
Therefore,the Contractor shall monitor and when necessary revise the Project Work schedule as follows:
a. Review with the Engineer-The Contractor shall perform ongoing review of the Project Work
schedule and progress of the Work with the Engineer. If the Engineer or the Contractor determines
that the Project Work schedule no longer represents the Contractor's own plans or expected time for
the Work, a meeting shall be held between the Engineer and the Contractor. At this meeting, the
Contractor and the Engineer shall review Project events and any changes for their effect on the Project
Work schedule. After any necessary action has been agreed upon,the Contractor shall make required
changes to the Project Work schedule.
The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report period, including shop drawings, Material procurement, and Contract
Change Orders that have been issued. Information shall include commencement and completion
dates on activities started or completed, or if still in progress,the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and
Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary
activities and logic connectors to describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as those
restrained by it.
The Contractor shall evaluate this information and compare it with the Contractor's project schedule.
If necessary, the Contractor shall make an updated bar chart schedule to incorporate the effect
changes may have on the Project completion time(s). For any activity that has started,the Contractor
shall add a symbol to show the actual date the activity started and the number of normal workdays
remaining until completion. For activities that are finished,a symbol shall be added to show the actual
date. The Contractor shall submit one digital and four paper copies of the updated bar chart to the
Engineer within seven Days after the progress meeting, along with a progress report as required by
"b."below.
b. Progress Report-The Contractor shall submit a progress report to the Engineer each month.
The report shall include the following:
• Sufficient narrative to describe the past progress, anticipated activities, and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule; and
• Proposed corrective actions.
(c) Type "C" Schedule-When a Type"C"Schedule is required,the Contractor shall do the following:
(1) Initial Schedule- 10 Calendar Days prior to the preconstruction conference, the Contractor shall
provide to the Engineer one digital copy and four paper copies of a time-scaled bar chart Project Work
schedule. The digital copy shall be compatible with MS Project 2003, Primavera P3, SureTrak Project
Manager 3.0,or another scheduling program approved by the Engineer. The initial schedule shall show:
• The expected beginning and completion date of each activity, including all stages and phases;
• The time needed for completion of the utility relocation work;and
• The elements of the traffic control plan as required under 00221.06.
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A logic diagram and a time-scaled bar chart will be acceptable in lieu of a time-scaled logic diagram.
The initial schedule shall show all Work intended for the first 60 Days of the Contract to the level of detail
described in (2)below, and shall show the priority and interdependence(sequencing and network logic)
of all major segments of the remainder of the Work.
(2) Detailed Project Work Schedule- In addition to the above requirements, and within 30 Calendar
Days after First Notification, the Contractor shall provide the Engineer one digital copy and four paper
copies of a detailed time-scaled critical path method (CPM) network Project Work schedule and
computer analysis printout, both clearly indicating the critical path. The digital copy shall be compatible
with MS Project 2003, Primavera P3, SureTrak Project Manager 3.0, or another scheduling program
approved by the Engineer. The first submitted detailed time-scaled critical path method (CPM)network
Project Work schedule shall also contain a listing of the quantity of Work for each activity, when
appropriate, in common units of measure.
Detailed work schedule activities shall include the following:
• Construction activities;
• Any limitations of operation specified in 00180.40;
• The time needed for completion of the utility relocation work;
• Implementation of TCP for each stage and phase;
• Submittal and approval of Material samples, mix designs, and shop drawings;
• Agency timeframes to process and return Contractor submitted plans, working drawings,
equipment lists and other submittals;
• Procurement of critical Materials;
• Fabrication, installation, and testing of special Material and Equipment;
• Duration of Work, including completion times of all stages and their sub-phases; and
• Specified cure times for all concrete elements.
The activities shall be separately identifiable by coding or use of sub-networks or both. The duration of
each activity shall be verifiable and consistent with the description in the Project narrative required in(3)
below.
Detailed sub-networks shall include all necessary activities and logic connectors to describe the Work
and all restrictions on it. In the restraints, include those activities from any Project Work schedule that
initiated the sub-network as well as those restrained by it.
The time scale used on the Contractor's detailed time-scaled critical path method(CPM)network Project
Work schedule shall be appropriate for the duration of the activities and the Project duration. The time
scale shall be in normal workdays, defined as every day except Saturday, Sunday and legal holidays,
with calendar dates identified no less than the first and midpoint of each calendar month. The smallest
unit shown shall be one Day. The network shall show the length of the activity or part scaled to accurately
represent the number of normal workdays scheduled. Distinct symbols or graphics shall be used to
show multiple shift, holiday, or weekend work.
The schedule network drawing(s) shall include a title block showing the Contract name and number,
Contractor's name,date of original schedule,and all update dates;and a legend containing the symbols
used, their definitions, and the time scale, shown graphically. To ensure readability the drawings shall
be on a reasonable size of paper up to a maximum of 36 inch x 36 inch, using multiple sheets when
needed.
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The Contractor shall include a tabulation of each activity in the computer mathematical analysis of the
network diagram. The following information represents the minimum required for each activity:
• Event(node)number(s)for each activity;
• Maintain event(node)numbers throughout the Project;
• Activity description;
• Original duration of activities(in normal workdays);
• Estimated remaining duration of activities (in normal workdays);
• Earliest start date and actual start date(by calendar date);
• Earliest finish date and actual finish date (by calendar date);
• Latest start date(by calendar date);
• Latest finish date (by calendar date); and
• Slack or float time(in workdays).
Computer print-outs shall consist of at least a node sort and an "early start/total-float"sort.
Within 14 Calendar Days after submission of the detailed time-scaled critical path method(CPM)network
Project Work schedule, the Engineer and the Contractor shall meet to review the detailed time-scaled
critical path method (CPM) network Project Work schedule as submitted. Within seven Calendar Days
of the meeting, the Contractor shall resubmit to the Engineer one digital and four paper copies of the
detailed time-scaled critical path method (CPM) network Project Work schedule, including required
revisions.
This first accepted detailed time-scaled critical path method (CPM)network Project Work schedule,also
called the accepted Project Work schedule, shall represent all Work, as well as the planned sequence
and time for the Work. Review and acceptance of any Project Work schedules and Project narratives
by the Engineer shall not relieve the Contractor of responsibility for timely and efficient execution of the
Contract.
(3) Project Narrative- In addition to the above requirements, and within 30 Calendar Days after First
Notification, the Contractor shall provide to the Engineer a final written Project narrative that discusses
the planning, coordinating, scheduling and resourcing of the Work. The Project narrative shall include
the following written description:
• Plans for staging the project.
• All critical activities.
• All near critical activities defined as those with less than 30 Days of float.
• All subcontractor activities that are critical, near critical, and those that are greater than two weeks
in duration.
• Labor resourcing, by stage and phase, to include the number of crews, average crew size and
planned night/weekend shifts including that of subcontractors.
• Equipment allocation, by stage and phase to include mobilization, demobilization and planned
activities including that of subcontractors.
• Notifications required under the Contract during each stage and phase which may include but is
not limited to road closures, lanes closures, night work, cold plane pavement removal, and pile
driving.
• Provide discussion on addressing reasonably predictable weather conditions and their impact on
all weather sensitive activities. Also,provide discussion on other weather limitations that may affect
the project schedule.
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• Submittal and approval of material samples, mix designs, and shop drawings.
• Procurement of critical materials.
• Plans for dealing with "unique"construction items.
• Coordination of utilities and any immediate concerns for impacts/delays.
• Constructability issues.
• Cost Reduction Proposals and/or immediate requests for changes to the specifications.
• Concerns/issues that need to be addressed within the first 90 Days following First Notification.
The accepted Project narrative shall represent all critical and near critical Work, as well as the planned
sequence and time for the Work.
(4) Review and Reporting-The Project Work schedule may require revision as the Work progresses.
Therefore,the Contractor shall monitor and when necessary revise the Project Work schedule as follows:
a. Review with the Engineer-The Contractor shall perform ongoing review of the accepted Project
Work schedule and progress of the Work with the Engineer. If the Engineer or the Contractor
determines that the accepted Project Work schedule no longer represents the Contractor's own plans
or expected time for the Work,a meeting shall be held between the Engineer and the Contractor. At
this meeting, the Contractor and the Engineer shall review Project events and any changes for their
effect on the accepted Project Work schedule. After any necessary action has been agreed upon,the
Contractor shall make required changes to the accepted Project Work schedule and associated
Project narrative. Upon acceptance by the Engineer,this will become the new accepted Project Work
schedule and associated Project narrative.
The Contractor shall collect information on all activities worked on or scheduled to be worked on
during the previous report period, including shop drawings, Material procurement, and Contract
Change Orders that have been issued. Information shall include actual start and completion dates on
activities started or completed,or if still in progress,the remaining time duration.
The Contractor shall develop detailed sub-networks to incorporate changes, Additional Work, and
Extra Work into the Project Work schedule. Detailed sub-networks shall include all necessary
activities and logic connectors to describe the Work and all restrictions on it. The restraints shall
include those activities from the Project Work schedule that initiated the sub-network as well as those
restrained by it. The procedure for acceptance of the revised or updated Project Work schedule as
the new accepted Project Work schedule will be as provided above.
The Contractor shall evaluate this information each month and compare it with the accepted Project
Work schedule. The Contractor shall make an updated bar chart schedule to incorporate the effect
changes may have on the Project completion time(s). For any activity that has started,the Contractor
shall add a symbol to show the actual date the activity started and the number of normal workdays
remaining until completion. For activities that are finished,a symbol shall be added to show the actual
date. The Contractor shall submit, digitally and in paper, copies of the updated bar chart to the
Engineer within seven Days after the progress meeting, along with a progress report as required by
"b."below.
b. Progress Report-Each month the Contractor shall submit a progress report and an update of
the Project Work schedule to the Engineer. The report and updated schedule shall be submitted both
digitally and in paper copy and shall include the following:
• A sufficient description, in narrative form, to describe the past progress, anticipated activities,
and stage Work;
• A description of any current and expected changes or delaying factors and their effect on the
construction schedule;
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• Proposed corrective actions;
• Proposals to keep the Project on schedule in the event of a delay; and
• Any changes to the logic as compared to the accepted Project Work schedule.
(d) Substitution of Schedules-When a Type "A" schedule is required, a Type "B" or Type "C" schedule
may be substituted for the Type"A"schedule.
When a Type"B"schedule is required, a Type"C"schedule may be substituted for the Type"B"schedule.
(e) Specified Contract Time Not Superseded by Schedule Revisions-The completion dates in any
Project Work schedule and any revised or updated Project Work schedules shall be within the Contract
Time(s) specified for the Project, or within adjusted Contract Times approved according to 00180.80(c).
Acceptance of any Project Work schedule or any revised or updated Project Work schedules shall not
constitute approval of any completion dates that exceed such Contract Time(s). If the Contractor believes
that additional Contract Time is due, the Contractor shall submit, with a revised Project Work schedule, a
request for adjustment of Contract Time according to 00180.80(c). A request for an adjustment of Contract
Time will be evaluated using the most recently accepted Project Work schedule.
(f) Float Time-Float time shown on the Project Work schedule, including any time between a Contractor's
scheduled completion date and the specified Contract Time(s), does not exist for the exclusive use of either
party to the Contract and belongs to the Project.
(g) Schedules Do Not Constitute Notice-Submittal of a Project Work schedule, with supporting Project
narrative, does not constitute or substitute for any notice the Contractor is required under the terms of the
Contract to give the Agency.
(h) Failure to Provide Schedule-The Project Work schedule is essential to the Agency. The Contractor's
failure to provide the schedule,schedule information,progress reports,Project narratives,or schedule updates
when required will be cause to suspend the Work, or to withhold Contract payments as necessary to protect
the Agency, until the Contractor provides the required information to the Engineer.
00180.42 Preconstruction Conference - Unless otherwise approved in writing by the Engineer,before any
Work is performed and within seven (7) Calendar Days of the Notice to Proceed, the Contractor shall meet
with the Engineer for a preconstruction conference at a time mutually agreed upon. See Special Provision
00180.43 Commencement and Performance of Work- From the time of commencement of the Work to
the time of Final Acceptance the Contractor shall:
• Provide adequate Materials, Equipment, labor,and supervision to perform and complete the Work within
the Contract Time or the adjusted Contract Time;
• Perform the Work as vigorously and as continuously as conditions permit, and according to a Project
Work schedule that ensures completion within the Contract Time or the adjusted Contract Time;
• Not voluntarily suspend or slow down operations without prior written approval from the Engineer, and if
approved submit an updated Project Work schedule according to 00180.41 that ensures completion
within the Contract Time or the adjusted Contract Time; and
• Not resume suspended Work without the Engineer's written authorization.
00180.44 Project Meetings—The Contractor shall participate in conferences and meetings for the purposes
of addressing issues related to the Work, reviewing and coordinating progress of the Work and other matters
of common interest to the Contractor, Engineer and Agency. See Special Provisions
(a) Meeting Participants — Representative of entities participating in meetings shall be qualified and
authorized to act on behalf of entity each represents.
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(b) Meet in Agency's meeting room facility,or in a location otherwise agreed to by Engineer and Contractor.
(c) Engineer will distribute to each anticipated participant written notice and agenda of each meeting at least
four days before meeting.
(d) Require attendance of Contractor's superintendent and project manager, and Subcontractors who are
or are proximate to be actively involved in the Work, or who are necessary to agenda.
(e) Engineer will invite agencies, utility companies or others when the Work affects their interests, and
others necessary to agenda.
(f) Engineer will record minutes of meetings and distribute copies of minutes within seven days of meeting
to participants and interested parties. Contractor shall advise Engineer within two days of receipt of meeting
minutes if Contractor does not agree with content of minutes.
(g) Progress Meetings
(1) Purpose of Progress Meetings:To expedite Work of Subcontractors or other organizations that are
not meeting scheduled progress, resolve conflicts, and coordinate and expedite execution of the Work.
(2) Attend regularly scheduled bi-weekly progress meetings conducted by Engineer.
(3) Review progress of the Work, Progress Scheduled, three-week look-ahead schedule, narrative
report, Application for Payment, record documents, and additional items of current interest that are
pertinent to execution of the Work.
(4) Verify:
• Actual start and finish dates of completed activities since last progress meeting.
• Durations and progress of activities not completed.
• Reason,time,and cost data for Change Order Work that will be incorporated into
Progress Schedule and Application for Payment.
• Percentage completion of items on Application for Payment
• Reasons for required revisions to Progress Schedule and their effect on Contract Time
and Contract Amount.
(5) Review status of Requests for Clarification/Information and Submittals review.
(6) Discuss Project safety and security.
(7) Discuss traffic control.
(8) Discuss potential problems which may impede scheduled progress and corrective measures.
(h) Coordination Meetings
(1) Purpose of Coordination Meetings: To coordinate the Work of this Contract with the Work of the
Agency and with Work of other Contractors.
(i) Pre-Event Meetings
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(1) Prior to start of critical activities, the Contractor shall schedule a meeting with Engineer to review
applicable specifications and drawings,coordination of inspection requirements and other key activities.
(j) Pre-Survey Conference
(1) The Contractor, applicable Subcontractors, Contractor's surveyor, and Agency's surveyor shall
meet with the Engineer two weeks prior to beginning survey work. The purpose of the meeting is to
discuss methods and practices of accomplishing the survey work.
(k) Other Meetings
(1) The Contractor shall prepare for and attend other meetings as identified elsewhere in the Contract
Documents.
00180.50 Contract Time to Complete Work:
(a) General-The time allowed to complete the Work or Pay Item is stipulated in the Solicitation Documents
and Special Provisions, and will be known as the"Contract Time". (see 00110.20)
(b) Kinds of Contract Time-The Contract Time will be expressed in one or more of the following ways:
(1) Fixed Date Calculation-The calendar date on which the Work or Pay Item shall be completed; or
(2) Calendar Day Calculation-The number of Calendar Days from a specified beginning point in which
the Work or Pay Item shall be completed.
(3) Work Day Calculation —The number of Work Days from a specified beginning point in which the
Work or Pay item shall be completed.
(c) Beginning of Contract Time-When the Contract Time is stated in Calendar Days,counting of Contract
Calendar Days will begin with the first Calendar Day following the date of the Notice to Proceed. When the
Contract Time is stated in Work Days, counting of Contract Work Days will begin with the first Work day
following the date of the Notice to Proceed.
(d) Recording Contract Time-All Contract Time will be recorded and charged to the nearest one-half Day.
Contract Times may be extended because of delays in the completion of the Work due to abnormal weather
conditions provided that the Contractor shall,within 10 days of the beginning of such delay, notify Engineer in
writing of the cause of the delay and request an extension of time. Such requests shall be accompanied with
supporting documentation referenced to the NOAA INDEX weather in the Project vicinity. Engineer shall
extend the Contract Times for completing the Work when, in Engineer's judgment, the findings of facts and
extent of delay justify such an extension. Contractor shall not be entitled to any additional compensation of
any kind arising out of or relating to abnormal weather conditions.
(e) Exclusions from Contract Time- Regardless of the way Contract Time is expressed in the Contract,
certain Calendar Days will not be charged against Contract Time. These exclusions will be allowed when the
Contractor is prevented from performing Work due to one of the following reasons, resulting in delay:
• Acts of God or Nature;
• Court orders enjoining prosecution of the Work;
• Strikes,labor disputes or freight embargoes that,despite the Contractor's reasonable efforts to avoid
them, cause a shutdown of the entire Project or one or more major operations. "Strike" and "labor
dispute" may include union action against the Contractor, a Subcontractor, a Materials supplier, or
the Agency; or
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• Suspension of the Work by written order of the Engineer for reasons other than the Contractor's
failure or neglect.
(f) Time Calculation Protest- In the event the Contractor disputes the accuracy of the statement of Contract
Time charges, it shall immediately contact the Engineer and attempt to resolve the dispute. If the dispute
cannot be resolved informally, the Contractor shall submit a formal written protest to the Engineer within
seven Calendar Days of the date the Engineer mailed or delivered the statement. Failure to submit a formal
written protest within the seven Calendar Day period constitutes the Contractor's approval of the time charges,
or adjusted time charges, itemized in the statement.
(g) End of Contract Time-When the Engineer determines that the On-Site Work has been completed,
except for the items listed below, the Engineer will issue a Second Notification.
The Second Notification will list:
• The date the time charges stopped;
• Final trimming and cleanup tasks(see 00140.90);
• Equipment to be removed from the Project Site;
• Minor corrective work(punch list)to be completed; and
• Submittals, including without limitation all required certifications, bills, forms, warranties, certificate
of insurance coverage(00170.70(b)), and other documents, required to be provided to the Engineer
before Third Notification will issue.
The Contractor shall complete all tasks listed in the Second Notification in an expeditious manner within the
time frame specified for Final Completion.
00180.60 Notice of Delay-The Contractor shall notify the Engineer of any delay that will likely prevent
completion of the Work or a Pay Item by the date specified in the Project Work schedule. The notice shall be
in writing and shall be submitted within seven (7)Calendar Days of when the Contractor knew or should have
known of the delay. The notice shall include,to the extent available, the following:
• The reasons or causes for the delay;
• The estimated duration of the delay and the estimated resulting cumulative delay in Contract
completion;
• Except for 00180.50(e) and 00180.65 delays, whether or not the Contractor expects to request an
adjustment of Contract Time due to the delay;
• Whether or not the Contractor expects to accelerate due to the delay; and
• Whether or not the Contractor expects to request additional compensation due to the delay. Except for
00180.50(e) and 00180.65 delays, failure to include this information will constitute waiver of the
Contractor's right to later make such a request.
00180.65 Right-of-Way and Access Delays- Right-of-Way and access delays will be taken into
consideration in adjusting Contract Time, and in approving additional compensation if the performance of the
Work is delayed because of the Agency's failure to make available to the Contractor:
• Necessary Rights-of-Way;
• Agency-owned or Agency-controlled Materials sources that are offered in the Contract for the
Contractor's use;or
• Access to, or rights of occupancy of, buildings and other properties the Contractor is required to enter
or to disturb according to Contract requirements.
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If the duration and time period of an anticipated delay is stated in the Special Provisions, only the delay
occurring beyond that duration and time period will be considered for adjusting Contract Time or providing
additional compensation.
00180.70 Suspension of Work:
(a) General -The Engineer has authority to suspend the Work, or part of the Work,for any of the following
causes:
• Failure of the Contractor to correct unsafe conditions;
• Failure of the Contractor to carry out any provision of the Contract;
• Failure of the Contractor to carry out orders issued by the Engineer, the Agency, or any regulatory
authority;
• Existence of conditions unsuitable to proper or safe performance of the Work;or
• Any reason considered by the Agency to be in the public interest.
When Work has been suspended for any reason,the Contractor shall not resume Work without the Engineer's
written authorization.
(b) Contractor's Responsibilities during and after Suspension -During periods of suspension of the
Work, the Contractor shall continue to be responsible for protecting and repairing the Work according to
00170.80, and for ensuring that a single designated representative responsible for the Project remains
available according to 00150.40.(b).
When Work is resumed after suspension, unless otherwise specified in the Contract, the Contractor shall
perform the following at no additional compensation:
• Replace or repair any Work, Materials, and Equipment to be incorporated into the Work that was
lost or damaged because of the temporary use of the Project Site by the public;and
• Remove Materials, Equipment,and temporary construction necessitated by temporary maintenance
during the suspension,as directed by the Engineer.
(c) Compensation and Allowances for Suspension -Compensation and allowance of additional Contract
Time due to suspension of any portion of the Work will be authorized only for Agency-initiated suspensions
for reasons other than the Contractor's failure or neglect. (refer to 00180.50(e), 00180.65,and 00195.40)
00180.80 Adjustment of Contract Time:
(a) General -Contract Time established for the Work will be subject to adjustment, either by increase or
decrease, for causes beyond the control of the Contractor, according to the terms of this Subsection. After
adjustment, the Contract Time will become, and be designated as, the"Adjusted Contract Time". Except as
provided in 00180.65 and 00195.40,an adjustment of Contract Time shall be the Contractor's only remedy for
any delay arising from causes beyond the control of the Contractor.
(b) Contractor's Request Not Required-The Engineer may increase or decrease the Contract Time or
the Adjusted Contract Time if Change Orders or Extra Work orders issued actually increase or decrease the
amount of time required to perform the Work. The Engineer may also increase Contract Time in the event of
Right-of-Way and Access delays (see 00180.65), and those delays due to causes beyond the Contractor's
control specified in 00180.50(e). The Engineer will promptly inform the Contractor of adjustments made to
Contract Time according to this Subsection, and will include the reasons for adjustment.
If the Agency anticipates delay during performance of the Contract, and specifies its expected duration and
time period in the Special Provisions, the Engineer will only consider additional delay beyond the stipulated
duration and time period in determining whether to adjust Contract Time.
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(c) Contractor's Request Required- In the event the Contractor believes that additional Contract Time is
due, the Contractor shall submit to the Engineer a timely request for adjustment of Contract Time. The
Engineer will not consider untimely requests. The Agency regards as timely only those requests for
adjustment of Contract Time that:
• Accompany a proposed revised Project Work schedule submitted according to 00180.41, for
comparison with the last revision of the Project Work schedule; or
• Are not otherwise deemed waived and are submitted within 15 Days after the date of Second
Notification, if Second Notification has been issued.
The Engineer will not grant an adjustment of Contract Time for events that occurred prior to the date of the
last revision of the Project Work schedule. The Engineer will not authorize, nor the Agency pay, acceleration
costs incurred by the Contractor prior to its submittal of a request for adjustment of Contract Time to which the
acceleration costs relate.
The Contractor's request for adjustment of Contract Time shall be submitted to the Engineer on a form
provided by, or in a format acceptable to,the Engineer,and shall include a copy of the written notice required
under 00180.60. The request shall include without limitation:
• Consent of the Contractor's Surety if the request totals more than 30 Calendar Days of additional
Contract Time;
• Sufficient detail for the Engineer to evaluate the asserted justification for the amount of additional
Contract Time requested;
• The cause of each delay for which additional Contract Time is requested, together with supporting
analysis and data;
• Reference to the Contract provision allowing Contract Time adjustment for each cause of delay;
• The actual or expected duration of delay resulting from each cause of delay,expressed in Calendar
Days; and
• A schedule analysis based on the current approved Project Work schedule for each cause of delay,
indicating which activities are involved and their impact on Contract completion.
(d) Basis for Adjustment of Contract Time- In the adjustment of Contract Time,the Engineer will consider
causes that include, but are not limited to:
• Failure of the Agency to submit the Contract and bond forms to the Contractor for execution within
the time stated in 00130.50, or to submit the Notice to Proceed within the time stated in 00130.90;
• Errors, changes, or omissions in the Supplemental Drawings, quantities, or Specifications;
• Performance of Extra Work;
• Failure of the Agency or Entities acting for the Agency to act promptly in carrying out Contract duties
and obligations;
• Acts or omissions of the Agency or Entities acting for the Agency that result in unreasonable delay
referenced in 00195.40;
• Causes cited in 00180.50(e); and
• Right-of-way and access delays referenced in 00180.65.
The Engineer will not consider requests for adjustment of Contract Time based on any of the following:
• Contentions that insufficient Contract Time was originally specified in the Contract;
• Delays that do not affect the specified or Adjusted Contract Time;
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• Delays that affect the Contractor's planned early completion, but that do not affect the specified or
adjusted Contract Time;
• Shortage or inadequacy of Materials, Equipment or labor;
• Work stoppage required by the Engineer to determine the extent of Work defects
• Time for the Contractor to correct the Work defects from date of notification of the defects until the
correction work is completed and has been approved by the Engineer.
• Late delivery of Materials and Equipment to be incorporated into the Work, except under those
conditions referenced in 00180.50(e);
• Different area of Material source in 00160.40(a);
• Substitution of Equipment in 00180.31(c);
• Reasonably predictable weather conditions; or
• Other matters within the Contractor's control or Contract responsibility.
(e) Consideration and Response by Agency-The Engineer will only consider a Contractor's request for
Contract Time adjustment submitted according to the requirements of 00180.80(c). The Engineer may elect
not to consider claimed delays that do not affect the specified or adjusted Contract Time required to complete
the Work.
The Engineer may adjust Contract Time for causes not specifically identified by the Contractor in its request.
The Engineer will review a properly submitted request for Contract Time adjustment,and within a reasonable
time will advise the Contractor of the Engineer's findings. If the Contractor disagrees with the Engineer's
findings,the Contractor may request review according to the procedure specified in 00199.
00180.85 Failure to Complete on Time; Liquidated Damages:
(a) Time is of the Essence-Time is of the essence in the Contractor's performance of the Contract. Delays
in the Contractor's performance of the Work may inconvenience the traveling public, interfere with business
and commerce, and increase cost to the Agency. It is essential and in the public interest that the Contractor
prosecute the Work vigorously to Contract completion.
The Agency does not waive any rights under the Contract by permitting the Contractor to continue to perform
the Contract, or any part of it,after the Contract Time or adjusted Contract Time has expired.
(b) Liquidated Damages-The Agency will sustain damage if the Work is not completed within the specified
Contract Time. However,in certain Agency projects it may be unduly burdensome and difficult to demonstrate
the exact dollar value of such damages. The Agency will identify such projects in the Special Provisions
related to them. In these projects, the Contractor agrees to pay to the Agency, not as a penalty but as
liquidated damages, the amount specified in the Special Provisions for each Calendar Day that expires after
the Substantial Completion date, and after Substantial Completion, if Contractor neglects, refuses or fails to
complete the remaining work within the Contract Time or adjusted Contract Time
Payment by the Contractor of liquidated damages does not release the Contractor from its obligation to fully
and timely perform the Contract according to its terms. Nor does acceptance of liquidated damages by the
Agency constitute a waiver of the Agency's right to collect any additional damages it may sustain by reason
of the Contractor's failure to fully perform the Contract according to its terms. The liquidated damages shall
constitute payment in full only of damages incurred by the Agency due to the Contractor's failure to complete
the Work on time.
If the Contract is terminated according to 00180.90(a),and if the Work has not been completed by other means
on or before the expiration of Contract Time or adjusted Contract Time, liquidated damages will be assessed
against the Contractor for the duration of time reasonably required to complete the Work.
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00180.87 Failure to Comply with COBID Good Faith Requirement Plan
The Contractor's failure to comply with the COBID Good Faith Requirement plan may result in a breach of
contract, possible disqualification of the Contractor's ability to bid on or receive future contracts., and
assessment of penalty. In the event of a breach of contract in Contractor's COBID requirements, in addition
to any other remedies the Owner may have,the Owner may take any of the following actions:
(a). Owner may withhold all or part of any progress payment(s) until the Contractor has remedies the
breach of contract. In the event that progress payments are withheld, the Contractor shall not be entitled to
interest on such payments. If a subcontractor has not complied with any COBID requirements imposed by
the Contractor upon the subcontractor as part of the Contractor's COBID Good Faith Requirement,the Owner
may elect to withhold only such subcontractor's portion of the progress payment.
(b). The Owner has an expectation that if a Contractor is awarded a contract, and identifies that it intends
to contract with COBID firms,then Contractor shall actually use such COBID firms.
i. Contractor acknowledges and agrees that it would be difficult,if not impossible,to assess the actual
damage incurred by the Owner for Contractor's failure to comply with the COBID Good Faith Requirements.
In such event,the Contractor agrees to pay the sum of$2,000 for each violation.
ii. If the Contractor fails to utilizes any COBID firm as identified on the Utilization Plan, on in its
Contracting Plan for use of COBID-certified firms,the Contractor shall pay$2,000 for each violation.
iii. Exceptions to this requirement are for approved change orders, reductions in scope of work as
requested by Owner, failure of COIBID firms to complete work or having breached the subcontract, and
substitution requests approved by the Owner.
00180.90 Termination of Contract and Substituted Performance:
(a) Termination for Default-Termination of the Contract for default may result if the Contractor:
• Fails to comply with the requirements for records;
• Violates any material provision of the Contract;
• Disregards applicable laws and regulations or the Engineer's instructions;
• Refuses or fails to supply enough Materials, Equipment or skilled workers for prosecution of the
Work in compliance with the Contract;
• Fails to make prompt payment to Subcontractors;
• Makes an unauthorized general assignment for the benefit of the Contractor's creditors;
• Has a receiver appointed because of the Contractor's insolvency;
• Is adjudged bankrupt and the court consents to the Contract termination; or
• Otherwise fails or refuses to faithfully perform the Contract according to its terms and conditions.
If the Contract is terminated by the Agency, upon demand the Contractor and, if applicable, the Contractor's
Surety shall provide the Engineer with immediate and peaceful possession of the Project Site, and of all
Materials and Equipment to be incorporated into the Work, whether located on and off the Project Site, for
which the Contractor received progress payments under 00195.50.
If the Contract is terminated for default, neither the Contractor nor its Surety shall be:
• Relieved of liability for damages or losses suffered by the Agency because of the Contractor's breach
of Contract; or
• Entitled to receive any further progress payments until the Work is completed. However, progress
payments for completed Work that remain due and owing at the time of Contract termination may be
made according to the terms of 00195.50,except that the Engineer will be entitled to withhold sufficient
funds to cover costs incurred by the Agency as a result of the termination. Final payment to the
Contractor will be made according to the provisions of Subsection 00195.70.
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If a termination under this provision is determined by a court of competent jurisdiction to be unjustified, the
termination shall be deemed a termination for public convenience.
(b) Substituted Performance-According to the Agency's procedures, and upon the Engineer's
recommendation that sufficient cause exists, the Agency, without prejudice to any of its other rights or
remedies and after giving the Contractor and the Contractor's Surety at least 10 Calendar Days'written notice,
may:
• Terminate the Contract;
• Substitute the Contractor with another Entity to complete the Contract;
• Take possession of the Project Site;
• Take possession of Materials on the Project Site;
• Take possession of Materials not on the Project Site, for which the Contractor received progress
payments under 00195.50;
• Take possession of Equipment on the Project Site that is to be incorporated into the Work;
• Take possession of Equipment not on the Project Site that is to be incorporated into the Work,and for
which the Contractor received progress payments under 00195.50; and
• Finish the Work by whatever method the Agency deems expedient.
If,within the 10 Calendar Day notice period provided above,the Contractor and/or its Surety corrects the basis
for declaration of default to the satisfaction of the Engineer, or if the Contractor's Surety submits a proposal
for correction that is acceptable to the Engineer,the Contract will not be terminated.
(c) Termination for Public Convenience-The Engineer may terminate the Contract for convenience in
whole or in part whenever the Engineer determines that termination of the Contract is in the best interest of
the public. and for, but not limited to,the following reasons:
• If work under the Contract is suspended by an order of a public agency for any reason considered to
be in the public interest other than by a labor dispute or by reason of any third party judicial
proceeding relating to the Work other than a suit or action filed in regard to a labor dispute; or
• If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed
with a substantial portion of the Contract;or;
• If Agency funding from federal, state, local, or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services. This Contract may be
modified to accommodate a reduction in funds; or
• If Federal or State regulations or guidelines are modified, changed,or interpreted in such a way that
the services are no longer allowable or appropriate for purchase under this Contract,
The Engineer will provide the Contractor and the Contractor's Surety seven Calendar Days'written notice of
termination for public convenience. After such notice,the Contractor and,if applicable,the Contractor's Surety
shall provide the Agency with immediate and peaceful possession of the Project Site, and of Materials and
Equipment to be incorporated into the Work, whether located on and off the Project Site, for which the
Contractor received progress payments under 00195.50.
Termination under any provision of this paragraph shall not affect any right,obligation,or liability of Contractor
or Agency that accrued prior to such termination.
If the Contract is terminated for public convenience, neither the Contractor nor its Surety shall be relieved of
liability for damages or losses suffered by the Agency as a result of defective, unacceptable or unauthorized
Work completed or performed.
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Compensation for Work terminated by the Engineer under this provision will be determined according to the
provisions of 00195.70(b).
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Section 00190-Measurement of Pay Quantities
00190.00 Scope-The Engineer will measure pay quantities for accepted Work according to the United
States standard measure unless otherwise provided in the Contract. Unless otherwise specified in the
Contract, the Engineer will round off all quantity computations using the following convention:
• The final significant digit will not be changed when the succeeding digit is less than 5.
• The final significant digit will be increased by one when the succeeding digit is 5 or greater.
The measurement provisions contained in the Specifications for each Pay Item will supplement or modify the
above convention by:
• Imposing measurement limitations
• Describing measurement or computation procedures
• Giving conversion factors or adjustment conditions
• Providing for determination of reasonably accurate and representative Pay Item quantities
Measurements required or allowed to be made by the Contractor will be subject to the Engineer's verification.
The Engineer's decision about measurement is final.
00190.10 Measurement Guidelines-Measurement of quantities will be made on the following bases,unless
otherwise specified in the Contract:
(a) Unit Basis- Unit will be each, unless otherwise specified in the Contract and will be determined by actual
count of units in place.
(b) Length Basis- Length will be feet or mile, unless otherwise specified in the Contract and will be
determined by measuring the length at least to the nearest 0.1 foot or at least to the nearest 0.1 mile, as
applicable,unless otherwise specified in the Contract. Measurements will be limited to the dimensions shown
or specified, or as directed by the Engineer.
(c) Area Basis-Area will be square foot, square yard, or acre, unless otherwise specified in the Contract
and will be determined by measuring the width and the length (or height)at least to the nearest 0.1 foot and
computed at least to the nearest 0.1 square foot, nearest 0.1 square yard, or nearest 0.1 acre, as applicable,
unless otherwise specified in the Contract.
(d) Weight Basis-Weight will be pound or ton, unless otherwise specified in the Contract and will be
determined as follows:
(1) Pound- Pound weight will be determined by the net weight identified on the manufacturer's
packaged labels, subject to periodic check weighing. Weight by pound will be measured at least to the
nearest 1.0 pound unless otherwise specified in the Contract.
Provide a certificate with each shipment together with a certified copy of the weight of each delivery. If
the check weight is less than the manufacturer weight by more than 0.4%, the discrepancy will be
resolved by the Engineer.
(2) Ton -Ton weight will be determined on Contractor-provided scales as required under 00190.20
unless otherwise allowed by the Specifications. Weight by ton will be measured at least to the nearest
0.01 ton unless otherwise specified in the Contract.
If bituminous materials, Portland cement, lime,and similar bulk Materials are shipped by truck or rail,the
supplier's shipping invoice with net scale weights,or volumes converted to weights,may be used for Pay
Item quantity determination in place of weights determined on the Contractor-provided vehicle scales.
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Shipping invoice weights of the supplier's truck or transport shall be subject to periodic check weighing
on the Contractor's vehicle scales, or other scales designated, according to 00190.20. If the check
weight is less than the supplier weight by more than 0.4%, the discrepancy will be resolved by the
Engineer.
No payment will be made:
• For quantities in excess of the supplier weight
• When Materials have been lost,wasted, or otherwise not incorporated into the Work
• For additional hauling costs resulting from the check weighing
(e) Volume Basis-Volume will be cubic yard truck measure or in-place measure, gallons, foot board
measure(FBM),or thousand foot board measure(MFBM), unless otherwise specified in the Contract and will
be measured at least to the nearest 0.1 cubic yard,nearest 1.0 gallon,nearest 0.1 FBM,or nearest 0.1 MFBM,
as applicable, unless otherwise specified in the Contract.
Truck measure will be the measured and calculated maximum"water level"capacity of the vehicle. Quantities
will be determined at the point of delivery, with no allowance for settlement of Material during transit. When
required to facilitate measurement,the vehicle load shall be leveled at the point of delivery. Payment will not
be made for Material in excess of the maximum "water level" capacity. Deductions will be made for loads
below the maximum "water level"capacity.
When bituminous materials are measured by volume,the volume will be measured at 60°F or will be corrected
to the volume at 60°F using the correction factors found in the MFTP(ODOT TM 321).
(f) Time Basis-Time will be hour, Day, or year, unless otherwise specified in the Contract, and will be
measured to at least the nearest 0.5 hour,nearest 1.0 Day,or nearest 1.0 year,as applicable,unless otherwise
specified in the Contract.
(g) Standard Manufactured Items- If standard manufactured items, such as fence, wire, plates, rolled
shapes, pipe, conduit and other similar items are specified in the Contract by properties such as gauge, unit
weight, or section dimensions, the manufacturing tolerances established by the industry involved will be
accepted unless more stringent tolerances are cited in the Contract.
(h) Lump Sum Basis-Lump sum,when used, means the Work described shall be completed and accepted
without measurement unless changes are ordered in writing by the Engineer.
00190.20 Contractor to Provide Vehicle Weigh Scales:
(a) General- If the Specifications require measurement by weighing on vehicle weigh scales,the Contractor
shall provide vehicle weigh scales and shall transport Materials to the scales. Subject to the Engineer's
approval,weights may be determined by plant or hopper scales according to 00190.30.
Contractor-provided scales shall be furnished, installed and maintained by the Contractor or its supplier, or,
subject to the Engineer's approval, may be commercial scales located in the vicinity of the Project.
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; and for transporting Materials to the scales or to check weighing.
(b) Requirements-The scales shall conform to ORS 618,or the laws of the state in which they are located,
and NIST Handbook 44, and shall be:
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• Licensed by the Oregon Department of Agriculture, or by the analogous regulatory body for scales
located outside the State;
• Technically suitable for weighing the Materials;
• Properly installed and maintained; and
• Accurate to the required tolerances.
The weight of any Materials weighed by anyone other than the Engineer will be subject to check weighing as
the Engineer directs.
(c) Approaches-Vehicle scale approaches shall be:
• At each end of the scale platform;
• Straight and in line with the platform; and
• Long enough to accommodate combination vehicles longer than the scale platform so that they are
level and allow release of brakes before weighing.
(d) Inspections-Contractor shall have all scales certified,that is inspected and their accuracy tested, by the
Oregon Department of Agriculture, an analogous regulatory body for scales located outside the State, or a
scale service company as follows:
• Before use if installed at a new site;
• 60 Calendar Days after initial inspection;
• As otherwise required by the Oregon Department of Agriculture, or an analogous regulatory body for
scales located outside the State; and
• Every six months thereafter; and
• When the Engineer directs additional inspections.
No Materials weighed on scales without current certifications according to this Subsection will be accepted.
The Contractor shall provide a copy of all required certifications to the Engineer.
Testing by a scale service company within the State of Oregon shall comply with ORS Chapter 618.
If additional inspections directed by the Engineer confirm that the scale accuracy is within the required
tolerances, the Agency will pay the cost for inspecting and testing the scales. If the scale accuracy is not
within these tolerances,the Contractor shall pay the cost for inspecting and testing the scales.
(e) Inspection Results- If an inspection indicates the scales have been under-weighing(indicating less than
the true weight), the Agency will make no additional payment to the Contractor for Materials previously
weighed.
If an inspection indicates the scales have been over-weighing (indicating more than the true weight), the
weights will be reduced for Materials received after the time the Engineer determines the overweighing began
or, if that is not possible, after the last acceptable certification of the scales. The reduction will be the amount
of error in excess of the 0.2%maintenance tolerance allowed in the Contract.
(f) Contractor-Provided Weigh Technician-The Contractor shall provide a technician to operate
Contractor-provided vehicle weigh scales. The Agency may observe procedures and require check weighing
according to the following:
(1) Scale with Automatic Printer- If the scales have an automatic weigh memo printer that does not
require manual entry of gross weight information,the Agency may periodically have a representative at
the scales to observe the weighing procedures. In addition, the Engineer may periodically check the
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weight for a load of Materials by directing the haul vehicle to reweigh on a different scale that has been
inspected and certified according to 00190.20(b)and 00190.20(d).
If a different scale is not available within a 30 mile round trip from the regular haul route,the Agency will
allow check weighing on an approved alternate basis. Check weights within 0.4% of the Contractor-
provided weight are acceptable.
The Engineer will resolve discrepancies found by check weighing. Agency employee costs will be paid
by the Agency. The Contractor shall pay all other costs resulting from the check weighings, including,
without limitation,the use of other scales.
If more than 50 tons per Day of all types of Materials are received from a scale, the Contractor shall
make random check weighings at least every tenth Day on which more than 50 tons is received or at
each interval that 10,000 tons has been weighed,whichever occurs first,or as directed by the Engineer.
The Contractor shall make at least one check weighing on projects where more than 2,000 tons of all
types of Materials are received from a scale. The Contractor shall provide the Engineer with the results
of the check weighing.
(2) Scale Without Automatic Printer- If the scales require manual entry of gross weight information,
the Agency may periodically have a representative weigh witness at the scales to observe the weighing
procedures. The Contractor shall inform the Engineer of their intent to use a scale without an automatic
printer at least three working Days before weighing begins or before the Contractor changes to a scale
that does not have an automatic printer. The Contractor shall pay costs for the weigh witness. The
hourly cost of the weigh witness will be as stated in the Special Provisions. In addition, the Engineer
may periodically check the weight for a load of Materials by directing the haul vehicle to reweigh on a
different scale that has been inspected and certified according to 00190.20(b)and 00190.20(d).
If a different scale is not available within a 30 mile round trip from the regular haul route the Agency will
allow check weighing on an approved alternate basis. Check weights within 0.4% of the Contractor-
provided weight are acceptable.
The Engineer will resolve discrepancies found by check weighing. Agency employee costs for check
weighings will be paid by the Agency. The Contractor shall pay all other costs resulting from the check
weighings, including,without limitation, the use of other scales.
If more than 50 tons per Day of all types of Materials are received from a scale, the Contractor shall
make random check weighings at least every tenth day on which more than 50 tons is received or at
each interval that 10,000 tons has been weighed,whichever occurs first,or as directed by the Engineer.
The Contractor shall make at least one check weighing on all projects where materials are received from
a scale without an automatic printer. The Contractor shall provide the Engineer with the results of the
check weighing.
(3) Duties of Weigh Technician-The Contractor's weigh technician shall:
• Determine twice a Day, or as otherwise directed by the Engineer, the empty haul weights (tare
weights)of hauling vehicles, unless vehicles are tared before each load;
• Furnish daily a listing of the tare weights if 10 or more loads are hauled during that Day;
• Furnish a note listing the net weight for each consecutive ten loads with the following load;
• Furnish a daily listing of the net weights and total weight for each type of Material hauled during
that Day; and
• Furnish a legible, serially numbered weigh memo for each load of Materials to the Agency's
Materials receiver at the point of delivery, or as directed by the Engineer. The memo shall identify
the Project,the Materials,the date, net weight(gross and tare as appropriate),and identification of
vehicle, driver and weigh technician.
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(g) Agency-Provided Weigh Technician- If the Contractor provides vehicle weigh scales without a weigh
technician meeting the requirements of this Subsection, the Agency will provide a weigh technician at the
Contractor's expense. The hourly cost for the weigh technician will be as stated in the Special Provisions.
The Contractor shall provide a weighhouse for the weigh technician according to Section 00205. The Agency's
weigh technician will:
• Determine tare weights;
• Prepare weigh memos for each load;
• Compile the weigh records;and
• Not participate in the production of Materials or the loading of haul vehicles.
00190.30 Plant Scales-The Contractor, with the Engineer's written approval, may weigh plant-mixed
Materials on scales that have either:
• An automatic weight batching and mixing control printer system; or
• A weigh hopper printer system.
Any additional costs resulting from the use of these scales shall be borne by the Contractor. Check weighing
will be done according to 00190.20(f).
Except for 00190.20(c) regarding approaches, the Contractor's use of plant scales shall comply with all
provisions of 00190.20.
The Engineer's approval for the Contractor's use of plant scales to determine pay weights will be rescinded if
check weighing or scale inspections indicate the scales do not consistently determine weights within the
tolerances allowed by state law.
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Section 00195-Payment
00195.00 Scope and Limit:
(a) General-The Agency will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Contract. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment, labor, and
Incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature
or prosecution of the Work or from the action of the elements, subject to the provisions of 00170.80. The
Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of
Work to be performed.
(b) Essential or Incidental Materials or Work-When the Specifications state that the unit price for a Pay
Item is compensation for certain Materials or Work essential or Incidental to the Pay Item,the same Materials
or Work will not be measured or paid under any other Pay Item.
00195.10 Payment For Changes in Materials Costs-On certain projects, as identified in the Special
Provisions, an escalation/de-escalation clause with respect to steel materials or asphalt cement will be in
effect during the life of the Contract.
00195.12 Steel Material Price Escalation/De-Escalation Clause - Subsections 00195.12, 00195.12(a),
00195.12(b), 00195.12(c),and 00195.12(d)contain the price escalation/de-escalation clause relating to steel
materials(as defined in 00195.12(d))that is included in this Contract regardless of the number of steel material
Pay Items, if any, that are included, and whether or not the Contractor elects to participate in the steel
escalation/de-escalation program according to 00195.12(d).
(a) Steel Material Price Escalation/De-Escalation Participation —The Contractor may select individual
Pay Items to include in the steel escalation/de-escalation program from those Pay Items listed for this Project
under 00195.12(d) by following the directions provided in 00195.12(d). The Contractor is not obligated to
select any Pay Items. Before or within 5 business days after the date of the preconstruction conference, the
Contractor shall submit in writing to the Project Manager the Pay Items selected by the Contractor to be
included in the steel escalation/de-escalation program, in the manner required under 00195.12(d). If the
Contractor fails to inform the Project Manager of the Pay Items to include in the steel escalation/de-escalation
program in the manner and within the time limits stated in 00195.12(d)(or the Contractor otherwise elects not
to participate in the program), the Contractor thereby elects not to participate in the program and forfeits all
present and future rights to participate in the program for this Project.
The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for suspension
of the Work under 00180.70 and its rights for termination of the Contract under 00180.90, and this steel
material price escalation/de-escalation provision will not limit those rights. Adjustment for fluctuations in the
cost of steel material will apply only to the Pay Items individually selected by the Contractor from the Pay Items
listed under 00195.12(d), and will be made using the respective steel cost basis (CB)listed.
(b) Monthly Steel Materials Value (MV) and Base Steel Material Value (BV) — The Monthly Steel
Materials Value (MV)will be established by the Agency from the IDWPUSISTEEL1 Bureau of Labor
Statistics (BLS), Producer Price Indexes (PPI) using non-seasonally adjusted indexes only. Preliminary
numbers may be referenced on the IDWPUSISTEEL1 BLS PPI for 6 months or more before IDWPUSISTEEL1
BLS PPI determines they are final numbers.
The Base Steel Materials Value(BV)for this Project will be the MV published on the ODOT Estimating website
(see 00110.05(e))for the month of the Bid Opening for this Project. The Agency will only publish values on
the ODOT Estimating website for use after the IDWPUSISTEEL1 BLS PPI establishes the numbers as final
numbers.The final values of MV and BV will be available at the ODOT Estimating website.
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The Agency has no control of when the IDWPUSISTEEL1 BLS PPI establishes final values. The Agency steel
material price escalation/de-escalation adjustments made under 00195.12 through 00195.12(d) may not be
reflected on payments made to the Contractor for up to 2 months after the IDWPUSISTEEL1 BLS PPI
applicable values become final. This timing for steel material price escalation/de-escalation adjustments is an
agreed term of this Contract and shall not constitute late payment under ORS 279C.570, nor shall the Agency
be responsible to pay interest on any such steel material price adjustments.
If the Agency-selected index ceases to be available for any reason,the Agency in its discretion will select and
begin using a substitute price source or index to establish the MV each month. The MV will only apply to Pay
Items selected by the Contractor and provided in writing to the Project Manager from the Pay Item list
contained under,and in the manner and within the time limits required by, 00195.12(d). The Agency does not
guarantee that steel material will be available at any stated or implied materials price.
(c) Monthly Steel Materials Price Adjustment — If the Contractor has properly informed the Project
Manager of Pay Items to include in the steel escalation/de-escalation program as required by 00195.12(a),
and 00195.12(d)a price adjustment evaluation will be made for the Pay Items individually
selected. No adjustments will be made using the BV or MV until such time as they are listed as final values
by the IDWPUSISTEEL1 BLS PPI. The price adjustment as calculated in this provision for a given Pay Item
will use the MV for the month the Work associated with that Pay Item is performed and added to the monthly
progress estimate. A price adjustment for that Pay Item will only be made if the MV for the month the Work
associated with the Pay Item is performed and added to the monthly progress estimate differs by more than
10%from the BV. A price adjustment will be made, as and when required by 00195.12 through 00195.12(d),
only for the Pay Items, if any, that were selected by the Contractor in the manner and within the time limits
required under 00195.12(a)and 00195.12(d).
The Monthly Steel Materials Price Adjustment will be determined as follows:
• If the MV is within 10% 0 of the BV, there will be no adjustment.
• If the MV is more than 110%of the BV,then:
PA= (((MV-BV)=BV)-0.10 )x(CB x PIP)
• If the MV is less than 90%of the BV,then:
PA= (((MV-BV)=BV)+ 0.10 )x(CB x PIP)
Where:
PA= Price Adjustment, dollars
MV= Monthly Steel Materials Value from BLS PPI for the month determined above(after
becomes final)
BV= Base Steel Materials Value from month of the Bid Opening (after becomes final)
PIP =Amount paid for the Pay Item for the month for which the adjustment is made
CB=Cost Basis for the applicable steel material, in percent(see 00195.12(d))
(d) Steel Materials Pay Item Selection-The Agency has a process using estimated quantities to determine
which Pay Items containing steel material qualify for the steel escalation/de-escalation program by meeting a
minimum threshold, and are therefore included in the eligible Pay Items listed in the Special Provisions.
For purposes of 00195.12 through 00195.12(d), "steel material" means structural and reinforcing steel, steel
studs, sheet piling, guardrail, ductile iron pipe and other steel products used for the construction,
reconstruction or major renovation of a road or Highway.
The Contractor may elect to participate in the steel escalation/de-escalation program for this Project by
marking the list in the Special Provisions, checking each box next to each Pay Item the Contractor wants
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included in the program and submitting this information in writing, signed and dated by the Contractor, to the
Project Manager before or within seven (7) Calendar Days after the date of the preconstruction conference.
The steel material price escalation/de-escalation clause for price adjustments for fluctuations in the cost of
steel material will apply only to the Pay Items selected by the Contractor,from the Pay Item list included in the
Special Provisions, and provided in writing to the Project Manager in the manner and within the time limits
stated above.
If the Contractor fails to inform the Project Manager of Pay Items to include in the steel escalation/de-
escalation program in the manner and within the time limits stated above (or the Contractor otherwise elects
not to participate in the program), the Contractor thereby elects not to participate in the program and forfeits
all present and future rights to participate in the program for the Contract and this Project.
00195.13 Asphalt Cement Material Price Escalation/De-Escalation Clause - Subsections 00195.13,
00195.13(a), 00195.13(b), 00195.13(c), and 00195.13(d) contain the price escalation/de-escalation clause
relating to asphalt cement materials(as defined in 00195.13(d)).
(a) Monthly Asphalt Cement Material Price (MACMP)—The Monthly Asphalt Cement Material Price
(MACMP)will be established by the Agency each month and will be based on the published prices of PG 64
22 asphalt cement furnished by Poten & Partners, Inc. The MACMP will be based on the average prices for
the Pacific Northwest, Portland Oregon area. Each MACMP for a given month will be the average of the
published prices for that MACMP for each Friday in that month. For information regarding the calculation of
the MACMP, and for the actual MACMP, go to the ODOT website at:
https://www.oregon.gov/ODOT/HWY/business/pages/asphalt-fuel-price.aspx
If the ODOT selected index ceases to be available for any reason, the Agency in its discretion will select and
begin using a substitute price source or index to establish the MACMP each month. The MACMP will apply
to all asphalt cement including but not limited to paving grade, polymer modified,and emulsified asphalts,and
recycling agents. The Agency does not guarantee that asphalt cement will be available at the MACMP.
(b) Base Asphalt Cement Material Price(Base)-The Base price for this Project is the MACMP published
on the ODOT website for the month immediately preceding the bid opening date.
(c) Monthly Asphalt Cement Adjustment Factor-The Monthly Asphalt Cement Adjustment Factor will be
determined each month as follows:
• If the MACMP is within±5%of the Base,there will be no adjustment.
• If the MACMP is more than 105%of the Base,then:
Adjustment Factor= (MACMP)-(1.05 x Base)
• If the MACMP is less than 95%of the Base,then:
Adjustment Factor= (MACMP)-(0.95 x Base)
(d) Asphalt Cement Price Adjustment—If specified in the Special Provisions, an asphalt cement
escalation/de-escalation clause will be in effect during the life of the Contract. A price adjustment will be made
for each pay item in the bid schedule containing asphalt cement. The price adjustment as calculated in
00195.13(c)above will use the MACMP for the month the asphalt is incorporated into the Project. The price
adjustment will be determined by multiplying the asphalt incorporated during the month for subject Pay Items
by the Adjustment Factor. The Agency reserves all of its rights under the Contract, including, but not limited
to, its rights for suspension of the Work under 00180.70 and its rights for termination of the Contract under
00180.90, and this escalation/de-escalation provision shall not limit those rights.
00195.20 Changes to Plans or Character of Work:
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(a) Insignificant Changed Work- If the changes made under 00140.30 do not significantly change the
character, quantity or unit cost of the Work to be performed under the Contract, the Agency will pay for such
work at the Pay Item price.
(b) Significant Changed Work- If the changes made under 00140.30 significantly alter the character, unit
cost, or lump sum cost of the Work, the Agency will adjust the Contract. The Contractor shall not be entitled
to compensation for any loss in profits resulting from elimination of, reduction of, or other change to, a part of
the Work.
Any such adjustments may be less than, but will not be more than the amount justified by the Engineer on the
basis of the established procedures set out in Section 00197 for determining rates for Extra Work, but those
procedures shall account for the decrease or elimination of Work as well as for increases in the Work. This
does not limit the application of Section 00199.
The term"Significant Changed Work"shall apply only to that circumstance in which the character of the Work,
as changed, differs materially in kind, nature, or unit cost from that involved or included in the originally
proposed construction.
For purposes of this Section, "Significant"is defined as:
a) An increase or decrease of more than 25 percent of the total cost of the Work calculated from the
original proposal quantities and the unit contract prices; or,
b) An increase or decrease of more than 25 percent in the quantity of any one major contract item.
For condition b)above, a major item is defined as any item that amounts to 10 percent or more of the original
total contract price.
00195.30 Differing Site Conditions-Upon written notification, as required in 00140.40, the Engineer will
investigate the identified conditions. If the Engineer determines that the conditions are differing Project site
conditions under 00140.40 and cause an increase or decrease in the cost or time required to perform any
Work under the Contract,an adjustment in the Contract Amount or Contract Time,excluding loss of anticipated
profits,will be made,and the Contract modified accordingly, in writing. The Engineer will notify the Contractor
as to whether or not an adjustment of the Contract is warranted.
No Contract adjustment which benefits the Contractor will be allowed unless the Contractor has provided the
required written notice. Any such adjustments will be made according to 00195.20.
00195.40 Unreasonable Delay by the Agency- If the Contractor believes that performance of all or any
portion of the Work is suspended,delayed,or interrupted for an unreasonable period of time in excess of that
originally anticipated or customary in the construction industry, due to acts or omissions of the Agency, or
persons acting for the Agency, and that additional compensation, Contract Time, or both, are due the
Contractor because of the suspension, delay or interruption, the Contractor shall immediately file a written
notice of delay according to 00180.60. The Contractor shall then promptly submit a properly supported request
for any additional compensation, Contract Time, or both, according to the applicable provisions in 00180.60
through 00180.80 and Section 00199.
The Engineer will promptly evaluate a properly submitted request for additional compensation. If the Engineer
determines that the delay was unreasonable, and that the cost required for the Contractor to perform the
Contract has increased as a result of the unreasonable suspension, delay or interruption, the Engineer will
make an equitable adjustment, excluding profit, and modify the Contract in writing accordingly. The Engineer
will notify the Contractor of the determination and whether an adjustment to the Contract is warranted.
Under this provision, no Contract adjustment will be allowed:
• Unless the Contractor has provided the written notice required by 00180.60;
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• For costs incurred more than 10 Calendar Days before the Engineer receives the Contractor's properly
submitted written request;
• For any portion of a delay that the Engineer deems to be a reasonable delay,or for which an adjustment
is provided for or excluded under other terms of the Contract; or
• To the extent that performance would nevertheless have been suspended, delayed or interrupted by
causes other than those described in this Subsection.
00195.50 Progress Payments and Retained Amounts:
(a) Progress Payments-The Agency's payment of progress payments, or determination of satisfactory
completion of Pay Items or Work or release of retainage under 00195.50(d), shall not be construed as Final
Acceptance or approval of any part of the Work, and shall not relieve the Contractor of responsibility for
defective Materials or workmanship or for latent defects and warranty obligations.
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, the Contractor assumes all risk and bears any losses that
result.
Progress payments shall be determined through the use of forms developed by the Engineer.
(1) Progress Estimates-At the same time each month, the Engineer will make an estimate of the
amount and value of Pay Item Work completed. The amount of Work completed will be the sum of the
estimated number of units completed for unit price Pay Items plus the estimated percentage completed
of lump sum Pay Items.
The estimated value of the Work completed will be determined by using the Contract unit price for unit
price Pay Items,and by using one of the following methods to determine the value of the lump sum Pay
Items:
• A Contractor-submitted, Engineer-approved Schedule of Values;or
• Engineer's determination,when there is no approved, Contractor-submitted Schedule of Values.
The amounts to be allowed for lump sum Pay Items in progress payments will not exceed the reasonable
value of the Work performed,as determined by the Engineer.
Incidentals such as formwork,falsework, shoring,and cribbing shall be included in the unit prices for the
various Pay Items requiring their use,unless specified as a separate Pay Item. No payment will be made
for Pay Items that include Incidentals until units or portions of such Pay Item Work are in place and
completed. The costs of Incidentals will be paid in proportion to the percentage of Pay Item Work
completed.
(2) Limitations on Value of Work Completed- In determining the "value of Work completed", the
Engineer's estimate will be based on the unit prices for the various Pay Items. Any amounts not included
in progress payments due to substantial mathematical unbalancing of Pay Item prices will be included
in the final payment issued according to 00195.90(b).
(3) Reductions to Progress Payments-With each progress payment, the Contractor will receive a
Contract payment voucher and summary setting forth the value of Work accomplished reduced by the
following:
• Amounts previously paid;
• Amounts deductible or owed to the Agency for any cause specified in the Contract;
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• Additional amounts retained to protect the Agency's interests according to Subsection (e)below.
(b) Retainage-The amount to be retained from progress payments will be 5% of the value of Work
accomplished, and will be retained in one of the forms specified in Subsection (c)below.
As provided in 00170.65(b)(3)(a)additional retainage of 25%of amounts earned will be withheld and released
according to ORS 279C.845 when the Contractor fails to file the certified statements required in ORS
279C.845, FHWA Form 1273, and 00170.65.
(c) Forms of Retainage—Moneys retained by the Agency under ORS 279C.570(7)shall be retained in a
fund by the Agency and paid to the Contractor in accordance with ORS 279C.570. Upon written request from
the Contractor,other forms of acceptable retainage are specified below in Subsections(1)through(3). "Cash,
Alternate A"is the Agency-preferred form of retainage. If the Agency incurs additional costs as a result of the
Contractor's election to use a form of retainage other than Cash, Alternate A, the Agency may recover such
costs from the Contractor by a reduction of the final payment.
(1) Cash, Alternate A-Retainage will be deducted from progress payments and held by the Agency
until final payment is made according to 00195.90, unless otherwise specified in the Contract.
Except as otherwise provided,The Agency will deposit the cash retainage withheld in an interest-bearing
escrow account in a bank,trust company,or other financial institution savings association for the benefit
of the Agency, as provided by ORS 279C.560. Interest earned on the account shall accrue to the
Contractor. Amounts retained and interest earned will be included in the final payment made according
to 00195.90
Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor
according to 00195.50(d).
(2) Cash,Alternate B(Retainage Surety Bond)-
Upon receipt of an approved retainage surety bond, the Agency will limit the amount of cash retainage
withheld to$10,000.The surety bond must be in the bond form provided by the Agency. The bond must
be provided by the same Surety that provides the Performance and Payment Bonds.
If the Contractor elects this form of retainage,the Agency will withhold from progress payments up to 5%
of the value of the Work accomplished as cash retainage until the retained amount equals$10,000. After
that amount is retained, no further cash retainage will be withheld until the additional required retainage
that would have been withheld exceeds the face amount of the retainage surety bond provided.
Thereafter, retainage will be withheld from progress payments according to these Specifications.
According to 00195.50(b), if at any time the Agency determines that satisfactory progress is not being
made on the Work, the Agency may withhold up to 5% of the value of the Work accomplished from
subsequent progress payments.
If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors of the
existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7)and
ORS 701.435.
Amounts of retainage withheld under the provision will be included in the final payment according to
00195.90.
Any retainage withheld on Work performed by a Subcontractor shall be released to the Contractor
according to 00195.50(d).
(3) Bonds, Securities, and Other Instruments- In accordance with ORS 279C.560, unless the
Agency finds in writing that accepting a bond, security or other instrument poses an extraordinary risk
that is not typically associated with the bond, security or other instrument, the Agency will approve the
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Contractor's written request to deposit bonds, securities or other instruments with the Agency or in a
custodial account or other account satisfactory to the Agency with an approved bank or trust company,
to be held instead of cash retainage for the benefit of the Agency. In such event,the Agency will reduce
the cash retainage by an amount equal to the value of the bonds, securities and other instruments.
Interest or earnings on the bonds, securities and other instruments shall accrue to the Contractor.
Bonds, securities and other instruments deposited instead of cash retainage shall be assigned to or
made payable to the Agency and shall be of a kind approved by the Director of the Oregon Department
of Administrative Services, including but not limited to:
• Bills, certificates, notes or bonds of the United States;
• Other obligations of the United States or agencies of the United States;
• Obligations of a corporation wholly owned by the federal government;
• Indebtedness of the Federal National Mortgage Association;
• General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon;
• Irrevocable letters of credit issued by an insured institution,as defined in ORS 706.008.
The Contractor shall execute and provide such documentation and instructions respecting the bonds,
securities and other instruments as the Agency may require to protect its interests. When the Engineer
determines that all requirements for the protection of the Agency's interest have been fulfilled,the bonds
and securities deposited instead of cash retainage will be released to the Contractor.
(d) Reduction of Retainage-As the Work progresses, the amounts to be retained under (b) of this
Subsection are subject to reduction in the Engineer's sole discretion. Retainage reductions will be considered
only as follows:
• When the Work is 97.5% or more completed, the Engineer may, without application by the
Contractor, reduce the retained amount to 100%of the value of the Work remaining.
• For a project funded by the FHWA,when a subcontractor has satisfactorily completed all of its Work,
it may request release of retainage for that Work from the Contractor. The Contractor shall request
reduction of retainage in the amount withheld for the subcontractor's Work after certifying to the
Agency that the subcontractor's Work is complete, and that all contractual requirements pertaining
to the subcontractor's Work have been satisfied. Within 60 Calendar Days of the end of the month
in which the Agency receives the Contractor's certification regarding the subcontractor's Work, the
Agency will either notify the Contractor of any deficiencies which require completion before release
of retainage, or verify that the subcontractor's Work complies with the Contract and release all
retainage for that Work with the next scheduled progress payment. Within 10 Calendar Days of
receipt of retainage,the Contractor shall pay to the subcontractor all such retainage released except
for latent defects or warranty.
• The Agency will only release retainage for satisfactorily completed portions of the Work represented
by Pay Items in the Schedule of Items, or by Pay Items added by Change Order. Work not
represented by a Pay Item, but which constitutes part of an uncompleted Pay Item, will not be
regarded as satisfactorily completed Work for the purposes of this Subsection.
If retainage has been reduced or eliminated,the Agency reserves the right to protect its interests by retaining
amounts from further progress payments at the rates provided in 00195.50(b).
A determination of satisfactory completion of Pay Items or Work, or the release of retainage, shall not be
construed as acceptance or approval of the Work and shall not relieve the Contractor of responsibility for
defective Materials or workmanship, or for latent defects and warranty obligations.
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The Contractor shall comply with all applicable legal requirements for withholding and releasing retainage,
and for prompt payments, including, but not limited to, those in ORS Chapters 279C and 701, and 49 CFR
26.29.
(e) Withholding Payments- In addition to any other rights the Agency may have to withhold payments
under other provisions of the Contract, the Engineer may withhold such amounts from progress payments or
final payment as may reasonably protect the Agency's interests until the Contractor has:
• Completed all Final Trimming and Cleanup according to 00140.90 and Punch List work according
to 00150.90(a). An amount of up to twice the Engineer's estimated value of Final Trimming and
Cleaning and Punch List work may be withheld.
• Complied with all orders issued by the Engineer according to the Specifications;and
• Satisfied all legal actions filed against the Agency, the Agency's governing body and its members,
and Agency employees that the Contractor is obliged to defend. (see 00170.72)
Notwithstanding ORS 279C.555 or ORS 279C.570 or 00195.50(d),if a Contractor is required to file statements
on the prevailing rate of wages,but fails to do so,the Agency will retain 25%of any amount earned as required
in 00170.65.
(f) Prompt Payment Policy- Payments shall be made promptly according to ORS 279C.560,
ORS 279C.570, ORS 279C.580 and other applicable legal requirements.
Owner may withhold payments under this Contract as provided under the GFE Program, Enforcement
section and Section 00180.87.
00195.55 Monthly or Periodic Subcontractor Payment and Utilization Report(GFE Form 3):
Contractor shall submit with the Progress Payment Pay Request, or at such other time as directed by the
City's Project Manager,the GFE Form 3.
00195.60 Advance Allowance for Materials on Hand:
(a) General—If the total value of materials on hand is at least$1000,or the total value of a single class of
Materials on hand is at least$500,the Engineer may authorize an advance allowance for the Materials in the
progress payments.The Agency will not make advance allowances on the Materials unless the following three
conditions are satisfied:
(1)Request for Advance Allowance - If Materials on hand meet the requirement of (2) below, an
advance allowance will be made if:
• A written request for advance allowance for Materials on hand has been received by the Engineer
at least 5 Calendar Days before the pay period cutoff date;and
• The request is accompanied by written consent of the Contractor's Surety, if required by the Agency.
(2) Stored or Stockpiled Conditions—The Materials shall have been delivered and/or acceptably stored
or stockpiled according to the Specifications and as follows:
• At the Project Site;
• On Agency-owned property;
• On property in the State of Oregon on which the property owner has authorized storage in writing.
The written authorization must allow the Agency to enter upon the property and remove Materials
for at least 6 months after completion of the Project. The Contractor shall furnish a copy of the
written permission to the Agency; or
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• On property outside the State of Oregon on which the property owner has authorized storage in
writing, provided that such storage location is allowed by the Special Provisions or authorized in
writing by the Engineer. The permit must allow the Agency to enter upon the property and remove
Materials for at least 6 months after completion of the Project. The Contractor shall furnish a copy
of the written permission to the Agency.
To be eligible for advance allowance, the Materials shall:
• Meet Specification requirements;
• Have the required Materials conformance and quality compliance documents on file with the
Engineer(see Section 00165);
• Be in a form ready for incorporation into the permanent Work; and
• Be clearly marked and identified as being specifically fabricated, or produced,and reserved for use
on the Project.
• See Special Provisions
(3) Responsibility for Protection —The Contractor has full control and responsibility for the protection
of materials on hand from the elements and against damage, loss, theft, or other impairment until the
entire Project has been completed and accepted by the Agency.
If the materials are damaged, lost, stolen, or otherwise impaired while stored, the monetary value
advanced for them, if any,will be deducted from the next progress payment.
If these conditions in 00195.60(a)(1) through 00195.60(a)(3) have been satisfied, the amount of advance
allowance, less the retainage described in 00195.50, will be determined by one of the following methods as
elected by the Engineer:
• Net cost to the Contractor of the Materials,f.o.b. the Project Site or other approved site; or
• Price (or portion of it attributable to the Materials), less the cost of incorporating the Materials into
the Project, as estimated by the Engineer.
(b) Proof of Payment—The Contractor shall provide the Engineer with proof of payment to the materials
Suppliers for purchased Materials within 30 Calendar Days of the date of the progress payment that includes
the advance allowance.
If proof of payment is not provided, sums advanced will be deducted from future progress payments, and the
Engineer will not approve further prepayment advance allowance requests.
(c) Terminate Contract—If the Contract is terminated, the Contractor shall provide the Agency immediate
possession of all Materials for which advance allowances have been received, as provided above. If, for any
reason, immediate possession of the Materials cannot be provided, the Contractor shall immediately refund
to the Agency the total amount advanced for the Materials. The Agency may deduct any amount not so
refunded from final payment.
00195.70 Payment under Terminated Contract-Payment for Work performed under a Contract that is
terminated according to the provisions of 00180.90 will be determined under(a)or(b)of this Subsection.
(a) Termination for Default-Upon termination of the Contract for the Contractor's default,the Agency will
make no further payment until the Project has been completed. The Agency will make progress payments to
the party to whom the Contract is assigned,but may withhold an amount sufficient to cover anticipated Agency
costs, as determined by the Engineer,to complete the Project.
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Upon completion of the Project, the Engineer will determine the total amount that the defaulting Contractor
would have been entitled to receive for the Work, under the terms of the Contract, had the Contractor
completed the Work(the"cost of the completed Work").
If the cost of the completed Work, less the sum of all amounts previously paid to the Contractor, exceeds the
expense incurred by the Agency in completing the Work, including, without limitation, expense for additional
managerial and administrative services, the Agency will pay the excess to the Contractor, subject to the
consent of the Contractor's Surety.
If the expense incurred by the Agency in completing the Work exceeds the Contract Amount, the Contractor
or the Contractor's Surety shall pay to the Agency the amount of the excess expense.
The Engineer will determine the expense incurred by the Agency and the total amount of Agency damage
resulting from the Contractor's default. That determination will be final as provided in 00150.00.
If a termination for default is determined by a court of competent jurisdiction to be unjustified,it shall be deemed
a termination for public convenience, and payment to the Contractor will be made as provided in Subsection
(b)below.
(b) Termination for Public Convenience:
(1) General-Full or partial termination of the Contract shall not relieve the Contractor of responsibility
for completed or performed Work, or relieve the Contractor's Surety of the obligation for any just claims
arising from the completed or performed Work.
(2) Mobilization- If mobilization is not a separate Pay Item, and payment is not otherwise provided for
under the Contract, the Agency may pay the Contractor for mobilization expenses, including moving
Equipment to and from the Project Site. If allowed, payment of mobilization expenses will be based on
cost documentation submitted by the Contractor to the Engineer.
(3) All Other Work-The Agency shall pay the Contractor at the unit price for the number of Pay Item
units of completed, accepted Work. For units of Pay Items partially completed, payment will be as
mutually agreed,or, if not agreed,as the Engineer determines to be fair and equitable. No claim for loss
of anticipated profits will be allowed. The Agency will purchase Materials left on hand according to
00195.80.
00195.80 Allowance for Materials Left on Hand:
(a) Purchase of Unused Materials- If Materials are delivered to the Project Site, or otherwise acceptably
stored at the order of the Engineer, but not incorporated into the Work due to complete or partial elimination
of Pay Items, changes in Plans, or termination of the Contract for public convenience according to 00180.90,
and it is not commercially feasible for the Contractor to return them for credit or otherwise dispose of them on
the open market; the Agency may purchase them according to the formula and conditions specified in
Subsection (b)below.
(b) Purchase Formula and Conditions:
(1) Formula-The Agency will apply the following formula in determining the Contractor's allowance for
Materials left on hand:
Contractor's Actual Cost, plus 5% Overhead Allowance, minus Advance Allowances under 00195.60,
but no markup or profit.
(2) Conditions-The Agency will not purchase the Contractor's Materials left on hand unless the
Contractor satisfies the following conditions:
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• Requests the Agency's purchase of unused Materials;
• Shows acquisition of the Materials according to 00160.10;
• Shows that the Materials meet Specifications;
• Provides receipts, bills and other records of actual cost of Materials delivered to the designated
delivery points; and
• Demonstrates to the satisfaction of the Engineer that the materials cannot be returned for credit or
otherwise disposed of on the open market.
00195.90 Final Payment:
(a) Final Estimate-As soon as practicable after Final Inspection of the Project, as provided in 00150.90,
the Engineer will prepare a final estimate of the quantities of the Pay Items completed. With this estimate of
quantities as a base, the total amount due the Contractor will be determined according to the terms of the
Contract, including,without limitation, any amounts due for Extra Work performed.
(b) Final Payment-The amount of final payment will be the difference between the total amount due the
Contractor and the sum of all payments previously made. All prior partial estimates and payments shall be
subject to correction in the final estimate and payment.
If Contractor is a Foreign Contractor, the Contractor shall promptly report to the Oregon Department of
Revenue on forms provided by the Department of Revenue, the Contract Price, terms of payment, Contract
duration and such other information as the Department of Revenue may require before final payment can be
made on the Contract.A copy of the report shall be forwarded to the Engineer. [OAR 137-049-0490].
After computation of the final amount due,and after Engineer's issuance of the Third Notification,final payment
will be mailed to the Contractor's last known address as shown in the records of the Agency.
Beginning 30 Calendar Days after the date of Third Notification, interest will begin to accrue at the rate
established by ORS 279C.570 on any money due and payable to the Contractor as final payment,determined
as described above. No interest will be paid on money withheld due to outstanding amounts owed by the
Contractor under the provisions of 00170.10.
(c) No Waiver of Right to Make Adjustment-The fact that the Agency has made any measurement,
estimate, determination or certification either before or after completion of the Project, Final Acceptance,
Agency assumption of possession of the Project Site, determination of satisfactory completion of Pay Items
or Work or release of retainage under 00195.50(d) or payment for any part of the Work, shall not prevent
either party from:
• Showing the true amount and character of the Work;
• Showing that any measurement, estimate,determination or certification is incorrect;
• Recovering from the other party damages that may have been suffered because the other party failed
to comply with the Contract.
(d) Evidence of Contractor Payments—As a condition of final payment, the Engineer may require the
Contractor to submit evidence, satisfactory to the Engineer, that all payrolls, material bills, and other
indebtedness connected with the project have been paid,except that in case of any disputed indebtedness or
liens, the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the Agency
guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not
already been guaranteed by surety bond.
00195.95 Error in Final Quantities and Amounts:
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(a) Request for Correction of Compensation - If the Contractor believes the quantities and amounts
detailed in the final Contract payment voucher, prepared by the Engineer according to 00195.90, to be
incorrect,the Contractor shall submit an itemized statement to the Engineer detailing all proposed corrections.
This statement must be submitted to the Engineer within 90 Calendar Days from the date the voucher was
mailed to the Contractor, according to 00195.90(b). Any request for compensation not submitted and
supported by an itemized statement within the 90 Calendar Day period will not be paid by the Agency. This
does not limit the application of Section 00199.
(b) Acceptance or Rejection of Request:
(1) Consideration of Request-The Engineer will consider and investigate the Contractor's request for
correction of compensation submitted according to 00195.95(a), and will promptly advise the Contractor
of acceptance or rejection of the request in full or in part.
(2) Acceptance of Request- If the Engineer accepts the Contractor's request(s) in full or in part, the
Engineer will prepare a post-final Contract payment voucher, including all accepted corrections,and will
forward it to the Contractor.
(3) Rejection of Request- If the Engineer rejects the request(s)in full,the Engineer will issue a written
notice of rejection and mail it to the Contractor.
(4) Contractor Objection to Revised Voucher or Notice of Rejection- If the Contractor disagrees
with the revised voucher or notice of rejection,the Contractor may seek review and resolution according
to the procedure specified in 00199. If the Contractor fails to submit a request for 00199 review within
30 Calendar Days after the Engineer mails a post-final Contract payment voucher or notice of rejection,
the Contractor waives all rights to a claim based on errors in quantities and amounts.
00195.96 Waiver of Claims
(a) The making and acceptance of final payment will constitute:
(1) A waiver of all Claims by Agency against Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection pursuant to 00150.90, from failure to comply with
the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents; and
(2) A waiver of all Claims by Contractor against Agency other than those previously make in accordance
with the requirements herein and expressly acknowledged by Agency in writing as still unsettled.
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Section 00196-Payment for Extra Work
00196.00 General-Only work not included in the Contract as awarded but deemed by the Engineer to be
necessary to complete the Project(see 00140.60)will be paid as Extra Work. Regardless of alterations and
changes,any item of Work provided for in the Contract will not constitute Extra Work. Payment for alterations
and changes to Work will be made according to 00195.20.
Compensation for Extra Work will be paid only for Work authorized in writing by the Engineer and performed
as specified. Work performed before issuance of the Engineer's written authorization shall be at the
Contractor's risk. Extra Work will be paid as determined by the Engineer, according to 00196.10 and
00196.20.
00196.10 Negotiated Price- If the Engineer can reasonably determine a price estimate for Extra Work, the
Engineer may then give written authorization to the Contractor to begin the Extra Work. As soon as
practicable, but within 10 Calendar Days after that authorization,the Contractor shall respond in writing to the
Engineer's Extra Work price estimate by submitting to the Engineer an Extra Work price quote. The price
quote shall detail the following items related to the Extra Work:
• Types and amounts of Materials
• Hours of Equipment use and hours of labor
• Travel
• Overhead and profit
• Other costs associated with the proposed Extra Work
Pending approval of the price quote, the Engineer will maintain force account records of the Extra Work. As
soon as practicable, but within 10 Calendar Days of receipt of a properly supported price quote,the Engineer
will review the price quote and advise the Contractor if it is accepted or rejected. The Engineer will not accept
a price quote that cannot be justified on a Force Account basis. If the Contractor's price is accepted, the
Engineer will issue a Change Order, and the Extra Work will be paid at the accepted price.
00196.20 Force Account- If the Engineer and the Contractor cannot agree on a price for the Extra Work,
the Engineer may issue a Force Account Work order requiring the Extra Work to be paid as Force Account
Work. Force Account Work records and payment will be made according to Section 00197.
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Section 00197 -Payment for Force Account Work
00197.00 Scope- The Materials, Equipment and Labor rates and procedures established in this Section
apply only to Extra Work ordered by the Engineer to be performed as Force Account Work.
00197.01 General:
(a) Extra Work on a Force Account Basis- Before ordering Force Account Work,the Engineer will discuss
the proposed work with the Contractor, and will seek the Contractor's comments and advice concerning the
formulation of Force Account Work specifications. The Engineer is not bound by the Contractor's comments
and advice, and has final authority to:
• Determine and direct the Materials, Equipment and Labor to be used on the approved Force Account
Work; and
• Determine the time of the Contractor's performance of the ordered Force Account Work.
Force account work performed by subcontractors will be measured and paid for on the same basis and in the
same manner as force account work performed directly by the Contractor.
If the Engineer orders the performance of Extra Work as Force Account Work, the Engineer will record, on a
daily basis, the Materials, Equipment, Labor, and Special Services used for the Force Account Work during
that day. The Engineer and the Contractor shall sign the record daily to indicate agreement on the Materials,
Equipment, Labor,and Special Services used for the Force Account Work performed on that day.
The following shall be reflected on the daily record:
• Materials used in the Force Account Work as directed by the Engineer,except those furnished and paid
under rental rates for use of Equipment;
• Equipment that the Engineer considers necessary to perform the Force Account Work. Equipment
hours will be recorded to the nearest quarter hour;
• Labor costs, including that of Equipment operators and supervisors in direct charge of the specific
operations while engaged in the Force Account Work;
• Special Services; and
• The Engineer's and Contractor's signatures confirming its accuracy.
(b) Other Work-When according to other Sections this Section 00197 applies, the following exceptions
apply to the Work under those other Sections,except for Extra Work ordered by the Engineer to be performed
as Force Account Work.
• 00197.01(a)does not apply.
• Cost Efficiency-The Agency will not be responsible for additional costs that are a direct or indirect
result of the Contractor's inefficient means and methods,or that reasonably could have been avoided
if the Materials, Equipment, labor or services had been obtained at a more commercially reasonable
cost.
• Standby Time- Equipment that is necessary for the Work but is not being operated to progress the
Work will be considered to be on standby and will be limited to the standby rates and hour limitations
in 00197.20(e). Equipment costs will be limited to a combination of operating time and standby time
of not more than eight (8)hours in a 24 hour period or 40 hours in a one (1)week period. The
Equipment must be onsite and available for use to be eligible for standby time.
For a period of seven (7)or fewer Calendar Days: If a continuous period of standby time for a piece
of Equipment does not exceed seven (7)Calendar Days, the accumulated standby cost for that
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continuous period of standby time shall be limited to the standby rates and hour limitations
in 00197.20(e).
For a period of more than seven (7)Calendar Days: Unless the Engineer has otherwise agreed in
advance in writing, if a continuous period of standby time for a piece of Equipment exceeds seven
(7) Calendar Days, the accumulated standby cost shall be limited to:
• For the first seven (7) Calendar Days,the standby rates and hour limitations in 00197.20(e), and
• For the portion of the continuous period of standby time after the first seven(7)Calendar Days,the
lesser of:
• The standby rates and hour limitations in 00197.20(e);or
• The cost for moving that piece of Equipment to and from the Project Site according to 00197.20(d).
00197.10 Materials:
(a) General -The Contractor will be paid for Materials actually used in the Force Account Work as directed
by the Engineer,except for those furnished and paid for under rental rates included with the use of Equipment.
Payments will be at actual cost, including transportation costs to the specified location, from the supplier to
the purchaser,whether the purchaser is the Contractor,a Subcontractor,or other forces. All costs are subject
to the provisions of this Subsection.
(b) Trade Discount- If a commercial trade discount is offered or available to the purchaser, it shall be
credited to the Agency,even though the discount may not have actually been taken. The Agency will not take
any discounts for prompt or early payment,whether or not offered or taken.
(c) Not Directly Purchased From Supplier- If Materials cannot be obtained by direct purchase from and
direct billing by the supplier,the cost shall be considered to be the price billed to the purchaser less commercial
trade discounts, as determined by the Engineer, but not more than the purchaser paid for the Materials. No
markup other than actual handling costs will be permitted.
(d) Purchaser-Owned Source- If Materials are obtained from a supply or source wholly or partly owned
by the purchaser,the cost shall not exceed the price paid by the purchaser for similar Materials furnished from
that source on Pay Items, or the current wholesale price for the Materials delivered to the Project Site,
whichever is lower.
00197.20 Equipment:
(a) General -Equipment approved by the Engineer to perform the Force Account Work will be eligible for
payment at the established rates only during the hours it is operated or on standby if so ordered by the
Engineer. Equipment hours will be recorded on the daily record to the nearest quarter hour.
Except as modified by these provisions, Equipment use approved by the Engineer will be paid at the rental
rates given in the most current edition of the Rental Rate Blue Books for Construction Equipment ("Blue
Book"), Volumes 1, 2, and 3, published by Penton Media, Inc., and available from EquipmentWatch (phone
1-800-669-3282).
(b) Equipment Description-On the billing form for Equipment costs, the Contractor shall submit to the
Engineer sufficient information for each piece of Equipment and its attachments to enable the Engineer to
determine the proper rental rate from the Blue Book.
(c) Rental Rates(without Operator):
(1) Rental Rate Formula-Rental rates for Equipment will be paid on an hourly basis for Equipment
and for attachments according to the following formula:
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' - Monthly Base Rate x Rate Adjustment Factor
Hourly -._ _ , _ r 176 hours/month
Rate = +
Hourly Operating Rate
Some attachments are considered "standard Equipment"and are already included in the monthly base
rate for the Equipment. That information can be obtained from EquipmentWatch.
(2) Monthly Base Rate-The monthly base rate used above for the machinery and for attachments
represents the major costs of Equipment ownership, such as depreciation, interest, taxes, insurance,
storage, and major repairs.
(3) Rate Adjustment Factor—The rate adjustment factor used above will be determined by applying
only the Model Year Adjustment to the Blue Book Rates. The Regional and User Defined
Ownership/Operating Adjustments shall not apply.
(4) Hourly Operating Rate-The hourly operating rate used above for the machinery and for
attachments represents the major costs of Equipment operations, such as fuel and oil, lubrications,field
repairs, tires or ground engaging components,and expendable parts.
(5) Limitations
If multiple attachments are included with the rental Equipment, and are not considered "standard
Equipment", only the attachment having the higher rental rate will be eligible for payment, provided the
attachment has been approved by the Engineer as necessary to the Force Account Work.
Rental will not be allowed for small tools that have a daily rental rate of less than $5, or for unlisted
Equipment that has a fair market value of$400 or less.
The above rates apply to approved Equipment in good working condition. Equipment not in good working
condition, or larger than required to efficiently perform the work, may be rejected by the Engineer or
accepted and paid for at reduced rates.
(d) Moving Equipment- If it is necessary to transport Equipment located beyond the Project Site
exclusively for Force Account Work, the actual cost to transport the Equipment to, and return it from, its On-
Site Work location will be allowed as an additional item of expense. However,the return cost will not exceed
the original delivery cost. These costs will not be allowed for Equipment that is brought to the Project Site for
Force Account Work if the Equipment is also used on Pay Item or related Work.
If transportation of such Equipment is by common carrier, payment will be made in the amount paid for the
freight. No markups will be allowed on common carrier transportation costs. If the Equipment is hauled with
the Contractor's own forces,transportation costs will include the rental rate of the hauling unit and the hauling
unit operator's wage. If Equipment is transferred under its own power,the rental rate allowed for transportation
time will be 75% of the appropriate hourly rate for the Equipment, without attachments, plus the Equipment
operator's wage.
(e) Standby Time- If ordered by the Engineer, standby time will be paid at 40% of the hourly rental rate
calculated according to this Subsection, excluding the hourly operating rate. Rates for standby time that are
calculated at less than$1 per hour will not be paid. Payment will be limited to not more than 8 hours in a 24-
hour period or 40 hours in a one week period. Standby Time provisions shall also apply to Section 00195—
Payment.
(f) Blue Book Omissions- If a rental rate has not been established in the Blue Book,the Contractor may:
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• If approved by the Engineer, use the rate of the most similar model found in the Blue Book,
considering such characteristics as manufacturer, capacity, horsepower, age and fuel type;
• Request EquipmentWatch to furnish a written response for a rental rate on the Equipment, which
shall be presented to the Engineer for approval; or
• Request that the Engineer establish a rental rate.
(g) Outside Rental Equipment- If Contractor-owned or Subcontractor-owned Equipment is not available,
and Equipment is rented from outside sources, payment will be based on the actual paid invoice. Approval of
the Engineer to rent from outside sources must be obtained prior to renting the equipment.
If the invoice specifies that rental rate does not include fuel, lubricants,field repairs, and servicing,an amount
equal to the Blue Book hourly operating cost may be added for those items that were excluded.
The Agency may reduce the payment when the invoice amount plus allowance is higher than the amount
authorized under(c)through (f)of this Subsection.
The provisions of 00180.20(c)apply to owner-operated Equipment.
00197.30 Labor-The Contractor will be paid for all labor engaged directly on Force Account Work, including
Equipment operators and supervisors in direct charge of the specific force account operations,as follows:
(a) Wages-The actual wages paid to laborers and supervisors, if those wages are paid at rates not more
than those for comparable labor currently employed on the Project, or at the recognized, current, prevailing
rates in the locality of the Project.
(b) Required Contributions-The actual cost of industrial accident insurance, unemployment
compensation contributions, payroll transit district taxes, and social security for old age assistance
contributions incurred or required under statutory law and these Specifications. The actual cost of industrial
accident insurance is the National Council on Compensation Insurance(NCCI)rate for the assigned risk pool
for the appropriate work class multiplied by the experience modification factor for the Contractor.
(c) Required Benefits-The actual amount paid to, or on behalf of, workers as per diem and travel
allowances, health and welfare benefits, pension fund benefits,or other benefits when such other benefits are
required by a collective bargaining agreement or other employment contract generally applicable to the
classes of labor employed on the Project.
No overtime will be compensated unless authorized by the Engineer, in advance of performing the Work. No
percentage markup will be allowed other than that specified in 00197.80.
00197.80 Percentage Allowances-To the Contractor's actual costs incurred, as limited in this Section
00197, amounts equal to a percentage markup of such costs will be allowed and paid to the Contractor as
follows:
Subsection Percent
00197.10 Materials 17
00197.20 Equipment 17
00197.30 Labor 22
00197.40 Special Services 8
When a Subcontractor performs ordered Force Account Work, the Contractor will be allowed a supplemental
markup of 8%on each Force Account Work order.
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These allowances made to the Contractor will constitute complete compensation for bonds, insurance,
overhead, general and administrative expense, profit, and all other Force Account Work costs that were
incurred by the Contractor, or by other forces that the Contractor furnished. No other reimbursement,
compensation, or payment will be made.
00197.90 Billings-Billings for Force Account Work by the Contractor shall be submitted for the Engineer's
approval on forms provided by the Agency or approved by the Engineer. Billings for Materials (other than
Incidental items out of the inventory of the Contractor or Subcontractors),rental Equipment from sources other
than the Contractor or Subcontractors, and Special Services, shall be accompanied by copies of invoices for
the goods and services. The invoices shall be fully itemized showing dates, quantities, unit prices, and
complete descriptions of goods and services provided. Invoices for amounts of$10 or less per invoice are
not required, unless requested by the Engineer.
Costs included on the billings shall comply with 00197.01(a)and 00197.10 through 00197.40.
When a billing for Force Account Work has been paid at the Project level, no further corrections will be made
because of further review if those corrections amount to less than$10.
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Section 00199-Disagreements, Protests, and Claims
00199.00 General-This Section details the process through which the parties agree to resolve any claims
(including disagreements and protests).The Agency will not consider direct disagreements,protests,or claims
from subcontractors, suppliers, or any other Entity not a party to the Contract.
00199.10 Engineer's Decision Required-All Claims, except those waived pursuant to 00195.96, shall be
referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to
any exercise by Agency or Contractor of any rights or remedies either may otherwise have under the Contract
Documents or by Laws and Regulations in respect of such Claims.
00199.20 Notices-Written notice stating the general nature of each Claim,shall be delivered by the claimant
to Engineer(Contractor Claim)or by the Agency to the Contractor(Agency Claim), and the other party to the
Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The
responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent
of the Claim,with supporting data shall be delivered to the other party to the Contract within 60 days after the
start of such event(unless Engineer allows additional time for claimant to submit additional or more accurate
data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance
with the provisions of 00195 and 00197. A Claim for an adjustment in Contract Time shall be prepared in
accordance with the provisions of 00180 and 00195. Each Claim shall be accompanied by claimant's written
statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as
a result of said event. The opposing party shall submit any response to the claimant within 30 days after
receipt of the claimant's last submittal (unless Engineer allows additional time).
No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance
with this 00199.
00199.30 Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any,take one of the following actions in
writing:
(a) deny the Claim in whole or in part,
(b) approve the Claim, or
(c) notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion,
it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such
notice shall be deemed a denial.
00199.40 Engineer's Inaction- In the event that Engineer does not take action on a Claim within said 30
days,the Claim shall be deemed denied.
00199.50 Engineer's Decision - Engineer's written action under 00199.30 or denial pursuant to 00199.40
will be final and binding upon Agency and Contractor, unless Agency or Contractor invoke the dispute
resolution procedure set forth herein within 30 days of such action or denial.
00199.60 Dispute Resolution -
(a) Meet to Confer and Negotiate—
(1) Engineer's action under 00199.30 or a denial pursuant to 00199.40 shall become final and
binding 30 days after receipt of written notice of Engineer's action or decision unless,within that time
period,Agency or Contractor gives to the other party written notice of intent to submit the Claim to a
process of bilateral negotiations as set forth below.
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(2) Within 30 days of the delivery of such notice, Agency and Contractor shall meet and confer
regarding the Claim. A good-faith effort to negotiate resolution shall be made by both parties.
(3) If the negotiations contemplated by 00199.60(a)(2) are unsuccessful, management
representatives of Agency and Contractor at least one tier above the individuals who met under
00199.60(a)(2) shall meet, confer, and negotiate within 30 days of the closure of the unsuccessful
negotiations.
(4) If the Claim is not resolved by negotiation,Engineer's action under 00199.30 or a denial pursuant
to 00199.40 shall become final and binding 30 days after termination of the negotiations unless,
within that time period,Agency or Contractor:
• Elects in writing to demand arbitration of the Claim, pursuant to 00199.60(b),or
• Agrees with the other party to submit the Claim to another dispute resolution process.
(b) Arbitration—
(1) All Claims or counterclaims, disputes, or other matters in question between Agency and
Contractor arising out of or relating to the Contract Documents or the breach thereof (except for
Claims which have been waived by the making or acceptance of final payment as provided by
00195.96)including but not limited to those not resolved under the provisions of 00199.60(a)will be
decided by arbitration in accordance with the rules and procedures of the arbitrator or arbitration
provider,subject to the conditions and limitations of this subsection. This agreement to arbitrate and
any other agreement or consent to arbitrate entered into will be specifically enforceable under the
prevailing law of any court having jurisdiction.
(2) The demand for arbitration will be filed in writing with the other party to the Contract and with the
selected arbitrator or arbitration provider(unless the parties agree otherwise, the arbitrator provider
shall be the Arbitration Service of Portland),and a copy will be sent to Engineer for information. The
demand for arbitration will be made within the 30 day period specified in 00199.60(a)(4), and in all
other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in
question has arisen,and in no event shall any such demand be made after the date when institution
of legal or equitable proceedings based on such Claim or other dispute or matter in question would
be barred by the applicable statute of limitations.
(3) No arbitration arising out of or relating to the Contract Documents shall include by consolidation,
joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's
consultants and the officers, directors, partners, agent, employees or consultants of any of them)
who is not a party to this Contract unless:
• the inclusion of such other individual or entity is necessary if complete relief is to be
afforded among those who are already parties to the arbitration; and
• such other individual or entity is substantially involved in a question of law or fact which
is common to those who are already parties to the arbitration and which will arise in such
proceedings.
(4) The award rendered by the arbitrator(s)shall be consistent with the agreement of the parties, in
writing, and include: (i) a concise breakdown of the award; (ii) a written explanation of the award
specifically citing the Contract Document provisions deemed applicable and relied on in making the
award.
143
General Conditions Revised 01/27/2026
00199
Conformed to Bid Documents
(5) The award will be final. Judgement may be entered upon it in any court having jurisdiction
thereof, and it will not be subject to modification or appeal, subject to provisions of the Controlling
Law relating to vacating or modifying an arbitral award.
(6) The fees and expenses of the arbitrators and any arbitration service shall be shared equally by
Agency and Contractor.
(c) Mediation—
(1) Notwithstanding the formal claims procedure specified above, the parties may enter into
nonbinding mediation by mutual agreement at any time, in which case the parties may also agree to
suspend the time requirements in Section 00199 pending the outcome of the mediation process.
The rules,time and place for mediation,as well as selection of the mediator,shall be established by
mutual agreement. Costs shall be divided equally between the Contractor and the Agency. Either
party may terminate mediation at any time upon five Calendar Day's notice to the other, after which
the time requirements of Section 00199 shall be automatically reinstated and shall resume from the
point at which the time requirements were suspended.
144
General Conditions Revised 01/27/2026
Conformed to Bid Documents
Conformed to Bid Documents
WO 378
2026 PAVEMENT REHABILITATION PROJECT
Special Provisions
Table of Contents
PART 00100 — GENERAL CONDITIONS 4
Section 00110—Organization, Conventions,Abbreviations, and Definitions 4
Section 00120—Bidding Requirements and Procedures 5
Section 00130—Award and Execution of Contract 7
Section 00140—Scope of Work 8
Section 00150—Control of Work 8
Section 00160—Source of Materials 10
Section 00165—Quality of Materials 10
Section 00170—Legal Relations and Responsibilities 11
Section 00180—Prosecution and Progress 13
Section 00190—Measurement of Pay Quantities 17
Section 00195—Payment 17
PART 00200 — TEMPORARY FEATURES AND APPURTENANCES 17
Section 00205—Field Laboratory, Weigh house, Etc. 17
Section 00210—Mobilization 17
Section 00220—Accommodation for Public Traffic 17
Section 00221—Common Provisions For Work Zone Traffic Control 21
Section 00222—Temporary Traffic Control Signs 22
Section 00223—Work Zone Traffic Control Labor And Vehicles 23
Section 00270—Temporary Fences 23
Section 00280—Erosion and Sediment Control 24
Section 00290—Environmental Protection 25
PART 00300 - ROADWORK 26
Section 00305—Construction Survey Work 26
Section 00310—Removal Of Structures And Obstructions 27
Section 00320—Clearing and Grubbing 27
Section 00331—Subgrade Stabilization 27
2026/WO 378 Special Provisions-1 Revised 02-04-2022
Conformed to Bid Documents
Section 00350—Geosynthetic Installation 27
PART 00400 - DRAINAGE AND SEWERS 28
Section 00405—Trench Excavation, Bedding, and Backfill 28
Section 00440—Commercial Grade Concrete 28
Section 00470—Manholes, Catch Basins, And Inlets 28
Section 00490—Work On Existing Sewers And Structures 29
Section 00495 -Trench Resurfacing 30
PART 00600 - BASES 30
Section 00610—Reconditioning Existing Roadway 30
Section 00620-Cold Plane Pavement Removal 30
Section 00641—Aggregate Subbase, Base and Shoulder 31
Section 00730—Emulsified Asphalt Tack Coat 31
Section 00744—Asphalt Cement Pavement 32
Section 00748—Asphalt Concrete Pavement Repair 48
Section 00749 - Miscellaneous Asphalt Concrete Structures 48
Section 00759 - Miscellaneous Portland Cement Concrete Structures 48
PART 00800 - PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES 50
Section 00850—Common Provisions For Pavement Markings 50
Section 00850—Common Provisions For Pavement Markings 50
Section 00855—Pavement Markers 50
Section 00865—Longitudinal Pavement Markings—Durable 50
Section 00867—Transverse Pavement Markings—Legends and Bars 51
Section 00905—Removal And Reinstallation Of Existing Signs 51
Section 00940—Signs 51
Section 00950- Removal Of Electrical Systems 52
Section 00960—Common Provisions For Electrical Systems 52
Section 00962—Metal Illumination And Traffic Signal Supports 53
Section 00990—Traffic Signals 54
Section 01030-Seeding 58
Section 01040- Planting 59
Section 01070—Mailbox Supports 59
2026/WO 378 Special Provisions-2 Revised 02-04-2022
Conformed to Bid Documents
Section 01095—Site Furnishings 59
PART 01100 -WATER SUPPLY SYSTEMS 60
Section 01140—Potable Water Pipe and Fittings 60
Section 01150—Potable Water Valves 62
Section 01170—Potable Water Service Connections, 2 Inch And Smaller 62
PART 02000 - MATERIALS 63
Section 02030—Supplementary Cementitious Materials 63
Section 02050—Curing Materials 63
Section 02320-Geosynthetics 63
Section 02450—Manhole and Inlet Materials 63
Section 02470—Potable Water Pipe Materials 64
Section 02475—Potable Water Fitting Materials 64
Section 02480—Potable Water Valve Materials 64
Section 02485—Hydrant and Appurtenance Materials 65
Section 02490—Potable Water Service Connection Materials, 2 Inch and Smaller 65
Section 02560- Fasteners 65
Section 02910—Sign Materials 65
2026/WO 378 Special Provisions-3 Revised 02-04-2022
Conformed to Bid Documents
SPECIAL PROVISIONS
CITY OF LAKE OSWEGO
PART 00100—GENERAL CONDITIONS
Section 00110—Organization, Conventions,Abbreviations,and Definitions
Comply with Section 00110 of the Standard Specifications 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
• BidExpress
www.bidx.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 Electronic Bidding Information Distribution System (eBids)
(Also referred to as ODOT eBids website)
https://ecmnet.odot.state.or.us/ebidse
• ODOT Estimating-Steel Material Values
www.oregon.gov/ODOT/Business/Pages/Steel.aspx
• 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 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/bidaward.aspx
• ODOT Traffic Control Plans Unit
www.oregon.gov/ODOT/Enqineerinq/Paqes/Work-Zone.aspx
• ODOT Traffic Standards
www.oregon.gov/ODOT/Engineering/Pages/Signals.aspx
2026/WO 378 Special Provisions-4 Revised 02-04-2022
Conformed to Bid Documents
• Oregon Legislative Counsel
www.oreqonlegislature.gov/Ic
• Oregon Secretary of State: State Archives
sos.oregon.gov/archives/Pages/default.aspx
00110.10 Abbreviations-Add the following abbreviations to the list:
LS - Lump Sum
SQYD - Square Yard
SQFT - Square Foot
LOCOM- Lake Oswego Communications Center
00110.20 Definitions-Add the following definitions to this subsection:
Design Engineer—The Design Engineer is Consor North America, Inc. &Wallis Engineering.
General Conditions—General Conditions for Construction for the City of Lake Oswego.
Project Manager—The Project Manager is the City of Lake Oswego.
Section 00120—Bidding Requirements and Procedures
Comply with Section 00120 of the General Conditions modified as follows:
00120.01 Receipt of Bids; Opening -Add the following:
Bids shall be submitted by ELECTRONIC MEANS ONLY and must be received up to the Bid Closing Time. To
submit electronic(PDF)bids,a bidder must accurately complete the required fields and upload bid forms at:
www.ci.oswego.or.us/formslf/BI Dupload?BME=sbroadus@lakeoswego.city&BCD=04/21/2026
Once submitted, the Bidder will receive an automated email confirmation. Bidder may also verify receipt by phone:
503.635.0267 Bids will not be accepted after the Bid closing time 2:00 p.m.April 21, 2026. Bidders are encouraged to
submit bids early.
Because the City's estimate of the contract value is$100,000 or greater, Bidders must submit a First Tier
Subcontractor Disclosure Form, provided in the Bid Documents,to the City no later than 4:30 p.m. local time on the
date for receipt of the Bids. The First Tier Subcontractor Disclosure Form shall be submitted electronically to
the same link as the Bid.
00120.02 Prequalification of Bidders-Add the following:
Special minimum experience qualifications apply to portions of this project. Qualification of the Bidder for the project
scope of work is a requirement for this project. Only Bidders who submit the required Supplemental Qualification
Statement and determined by the Owner to meet the qualification requirements may be considered.
Bidders are considered qualified to perform the work by having completed at least two (2)contracts in the past ten
(10)years consisting of similar size and scope, meaning containing all of the elements of the Scope of Work
proposed.
SCOPE OF WORK:Approximately 9,500 lineal feet of asphalt roadway rehabilitation paving with associated curbs,
sidewalk, curb ramps, storm sewer,waterline, signing,striping, and signal modifications.
Since the special minimum experience qualifications apply,the three(3)apparent low Bidders determined at the Bid
Closing Time must submit a Supplemental Qualifications Statement, provided in the Bid Documents, to the City no
later than 4:00 pm local time,two (2)days following the date for receipt of Bids.
2026/WO 378 Special Provisions-5 Revised 02-04-2022
Conformed to Bid Documents
Classes of work for which the Contractor(or Contractor in combination with the proposed subcontractor)must be
prequalified are listed below:
• Earthwork and Drainage (Inlets)
• Asphaltic Concrete Paving and Oiling (Paving)
• Curbs and Sidewalks
• Signing and Pavement Markings
• Electrical
• Other-Water Lines
• Etc.
The Agency will confirm the prequalification status of Contractor and any proposed subcontractor after bid
closing Bidders are considered qualified to perform the work by having completed at least two(2)contracts in the
past ten (10)years consisting of similar size and scope, meaning containing all of the elements of the Scope of
Work proposed.
00120.03 Request for Solicitation Documents-Add the following:
The Contract Documents may be reviewed, examined, by:
• Electronic: To download the Contract Documents, and to receive all notifications, addenda, and view the
Planholder's list, a person or company must create an account and add its individual name or company to the
Planholder's list at www.ci.oswecio.or.us/bids. If you have website questions concerning this invitation,please call
Cindy Waggener at 503.635.0289.
Copies of the Oregon Standard Specifications are available for download or purchase at:
https://www.oregon.gov/odot/Business/Specs/2024 STANDARD SPECIFICATIONS.pdf.
00120.04 Pre-Bid Meeting-Add the following:
A Mandatory Pre-Bid Conference will be held at 2:00 p.m., local time on Wednesday, April 8th 2026. Bids will be
accepted only from Bidders attending the Mandatory Pre-Bid Conference. If a Bid is submitted by a Bidder having not
attended the Mandatory Pre-Bid Conference, it will not be accepted and will be returned unopened.
Interested bidders may attend by:
• In-person only: City Hall 380 A Ave, Lake Oswego, OR 97034— Ponderosa conference room.
If a bidder has accessibility concerns, please contact the Project Manager at least four(4) business days prior
to the meeting.
Prospective Bidders will be given the opportunity to ask questions relating to any details involved in the performance
of the work under the Contract.
Information distributed,statements made,or responses given to questions by the Agency's representatives at the Pre-
Bid Conference will not in any way alter or affect any of the provisions contained in the Solicitation Documents or
Contract requirements and will not be binding upon the Agency unless confirmed by Addenda.
00120.25 Subsurface Investigations-Add the following to the first paragraph:
The report of geologic investigations is included in Appendix A — Geotechnical Data Report entitled Pavement
Evaluation— City of Lake Oswego 2026-2030 Pavement Management Program: 2026 Paving Design Project by GRI
dated March 20, 2026.
00120.40(f) Good Faith Requirement: Divisions Of Work
The following Divisions of Work("DOW")have been selected for this project.
Bidders may search for subcontractors certified through the State's Certification Management System (COBID)at
https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN=oregon4biz by using
2026/WO 378 Special Provisions-6 Revised 02-04-2022
Conformed to Bid Documents
the National Institute of Governmental Purchasing (NIGP)codes. Bidders may also identify potential subcontractors
certified by COBID by searching COBID certified suppliers and firms registered with the Certification Office for
Business Inclusion and Diversity at
https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertified Directory.asp?XI D=2315&TN=oregon4biz.
The NIGP Codes selected below are unique to this project:
NIGP Codes/Work Description
91395 Asphalt Paving 91345 Sewer,Water&Storm Drain Work
91219 Clearing/Grubbing/Mowing/Brushing 91276 Striping
91382 Concrete Cutting 92586 Surveying
91430 Concrete Work 96884 Traffic Control Services
91240 Demolition 96880 Traffic Sign Installation/Removal
91438 Electrical
91244 Excavating
91223 Grading
Section 00130—Award and Execution of Contract
Comply with Section 00130 of the General Conditions.
2026/WO 378 Special Provisions-7 Revised 02-04-2022
Conformed to Bid Documents
Section 00140—Scope of Work
Comply with Section 00140 of the General Conditions.
Section 00150—Control of Work
Comply with Section 00150 of the General Conditions modified as follows:
00150.15(a) Agency Responsibilities—Add the following sentence to the end of this subsection:
The Engineer will perform all responsibilities described in the Construction Surveying Manual for Contractors,
Chapter 1.5(see Section 00305).
00150.15(b) Contractor Responsibilities—delete this subsection:
Consor-Agency to perform survey, contractor to request survey from Consor.
00150.35 Submittals, (c)Shop Drawings and Product Submittals, (6)-Add the following:
Engineer's cost for submittal review beyond the first resubmittal shall be as follow:
• City Project Manager-$200 per hour
• City Inspector-$135_per hour
• Design Engineer-$150 per hour
Contractor shall reimburse the Agency for such costs.
00150.50(a) General—Add the following paragraph to the end of this subsection:
The locations, depth and description of existing utilities shown were compiled from available GIS mapping, records
and/or field observations. The Engineer or Utility Companies do not guarantee the accuracy or the completeness of
such locations. Additional utilities may exist in the project area.
00150.50 Cooperation with Utilities-Add the following:
00150.50(f) Utility Information:
There are no anticipated conflicts with the Utilities listed below. Minor adjustments of manholes, or boxes may need
to be adjusted to finish grade by the Utility owner and the Contractor shall coordinate this work to be completed
during construction. The Contractor shall contact those Utilities having buried facilities and request that they locate
and mark them for their protection prior to construction. Additionally, the Contractor shall notify all utility owners
which may be affected by the construction operation at least 48 hours in advance when their services may be
affected by the work, and coordinate with affected utilities as necessary.
It is the Contractor's responsibility to adjust utility structures and maintain adequate access to those utilities (in the
judgement of the Engineer)regardless of cooperation (or lack thereof)from affected utilities.
Utility Contact Person's
Name and Phone Number
1. Sanitary Sewer,Water, Storm Sewer Daniel Payne, 503-675-3998
City of Lake Oswego
2. Lumen "Fiber" Travis-503.416.1507
3. Ziply Fiber Rui Wu, 971-990-7269
2026/WO 378 Special Provisions-8 Revised 02-04-2022
Conformed to Bid Documents
4. Clackamas Broadband Exchange(CBX) Duke Dexter, 503-721-6663
5. Comcast-"Cable" Matt Bravo, 503-351-9311
6. Crown Castle—"Cable" Ben Davis,206-336-7389
7. Integra Telecom/Zayo Group—"Cable" Brian Davidson, 360-907-5528
8. Lake Grove Water District—"Water" Bruce Goldson, PE, 503-481-8822
9. NW Natural Gas—"Gas" Ryan Winfree-503.610.7765, Steve Monier, 217-741-4403
10. Portland General Electric-"Power" Rick Eisenblatter, 503-612-6698
11.Astound John Gaylord, 503-302-3441
12. City of Tigard Water—"Water" Aaron Beattie, 503-718-2591
13.Verizon Wireless-"Telecommunication Company" Daniel Ruiz, 503-350-3251
14. Trimet—"Public Transportation" Shirley Block, 503-661-8117
15. Republic Services—"Waste Collection" Frank Lonergan, 503-636-3011
16. Clean Water Services Chris Faulkner, 831-214-2320
17.AT&T Corp Terrance Walker, 360-606-7318
The Contractor shall notify Northwest Natural Gas, in writing,with a copy to the Engineer,at least 15 Calendar Days
before beginning Work within 10 feet of a high-pressure gas pipeline. An on-site safety watcher will be required, at no
cost to the Contractor.
In the event of an emergency, and in addition to the calls required by the Utilities notification system, the Contractor
shall call:
• Northwest Natural Gas 1-800-882-3377.
00150.55 Cooperation with Other Contractors-Add the following to the end of this subsection:
The following contract work will be ongoing within the Project site during the following times:
Estimated Times
Contract Name (From -To)
Bonita Road Paving Project(Clackamas County CI-3-26410) July 2026—August 2026
Jon Sparks, 503-964-4522
00150.60 Construction Equipment Restrictions, (a) Load and Speed Restrictions for Construction Vehicle and
Equipment- Add the following bullet to the end of the bullet list:
• The Contractor shall follow approved truck routes when hauling all materials and equipment beyond the limits of
the Project Site. The proposed truck routes to be used by the Contractor shall be submitted to the Engineer for
review and approval prior to the start of work.
00150.70 Detrimental Operations-Add the following to the end of this subsection:
2026/WO 378 Special Provisions-9 Revised 02-04-2022
Conformed to Bid Documents
Portions of this project will be constructed in close proximity to existing private improvements.All private improvements
and parking/staging areas used for the project disturbed by the Contractor's operations shall be repaired or replace to
equal of better conditions at the Contractor's expense.
Section 00160—Source of Materials
Comply with Section 00160 of the General Conditions modified as follows:
00160.20 Preference for Materials, (a) Buy America—Add the following sentence to the end of this subsection:
Federal highway or other federal funds are not involved on the project.
00160.30 Agency-Furnished Materials-Add the following paragraph to the end of this subsection:
The Agency will furnish:
• Project Information signs for use under Section 00220
• Door hangers for use under 00220.03
• Water Valve Can lids per 00490(34 Total)only Lake Oswego for City WATER
• PSST Sign Supports per 00905(5 Total)
• Extended range radar detection unit and associated equipment(9 total)
• Stop bar radar detection unit and associated equipment(18 total)
• Radar detection mount(27 total)
• SDLC cable(25 feet)
• Cabinet interface unit(5 total)
• Mounting shelf and hardware kit(5 total)
• Radar control cable(7,000 feet)
• Audible pedestrian signal pushbuttons(36 total)
Items will be made available for pick-up from Lake Oswego Public Works at 17601 Pilkington Road, Lake Oswego,
Oregon 97035. Coordinate pick-up with the Dan Payne at dpayne(c�ci.oswego.or.us.
Section 00165—Quality of Materials
Comply with Section 00165 of the General Conditions modified as follows:
Add the following subsection:
00165.02 Testing by Contractor-The Contractor is responsible for providing quality control testing in accordance
with the ODOT Manual of Field Test Procedures per Section 00165.10, including sampling and testing,furnishing
material of the quality specified, and furnishing QL levels during aggregate production. The Contractor's Quality
Control technician must perform or observe the sampling operations. Testing operations will be performed by a
Certified Technician. The Certified Technician performing the sampling and testing procedures must sign the testing
documentation. Copies of testing reports shall be provided to the Project Manager.
00165.03 Testing by Agency-Add the following to the end of this subsection:
The Agency may provide additional quality assurance testing in accordance with ODOT Manual of Field Test
Procedures per Section 00165.10..
Areas showing failing compaction results shall receive further attention without undue delay by Contractor. Further
attention may involve additional compaction efforts,other compaction methods, removal and recompaction of material
or removal and replacement of material as required to obtain passing results.
2026/WO 378 Special Provisions-10 Revised 02-04-2022
Conformed to Bid Documents
All additional Agency testing costs as a result of failing tests shall be borne entirely by the Contractor. All associated
costs arising from any necessary additional work due to failing compaction test results, nor shall Contractor be entitled
to a claim for the delay. Including removal and replacement of material, shall be borne by the Contractor.
Any subsequent settlement of any backfilled area during the Correction Period shall be considered to be the result of
improper compaction and shall be promptly corrected by the Contractor at no cost to the Agency.
00165.04 Costs of Testing-Add the following:
The Contractor shall conduct source-review tests of aggregates, asphaltic concrete and concrete for submittal to and
approval by the Agency.
00165.30 Field-Tested Materials-Add the following subsections:
(b) Contractor's Duties—The Contractor shall:
• Furnish Materials of the quality specified in the Contract.
• Provide and administer a quality control program as described in the Quality Assurance Program portion of
the MFTP. Upon request, the Contractor shall provide the Engineer the names, telephone numbers, and
copies of certifications for all personnel performing field testing; and
• Perform other testing as required by the Contract.
(c) Types of Tests—The types of tests and testing methods generally required are described in the MFTP.
Section 00170—Legal Relations and Responsibilities
Comply with Section 00170 of the General Conditions modified as follows:
00170.02 Permits, Licenses,and Taxes-Add the following paragraph and bullets to the end of this subsection:
The following permits are summarized for the Contractor's convenience, but not guaranteed to be an exhaustive list
of all applicable permits:
• City of Lake Oswego Traffic Control Permit per Section 00221
• City of Lake Oswego Erosion Control Permit per Section 00280.
00170.05 Assignment of Antitrust Rights-Replace the bullet that reads"ORS 646.725;and"with the following
bullet:
• ORS 646.725; or
00170.65 Minimum Wage and Overtime Rates for Public Works Projects, (e) Additional Requirements When
Federal Funds are Involved -Add the following sentence to the end of this subsection:
Federal funds are not involved in the Project.
00170.70 Insurance, (a) Insurance Coverages-Add the following table to the end of this subsection:
In the second paragraph of the sub-section titled Commercial Automobile Liability with Pollution Coverage, delete the
first sentence which reads in part"Commercial Automobile Liability with Pollution coverage is required for this Project..."
Amend to include the following information, coverages and requirements:
2026/WO 378 Special Provisions-11 Revised 02-04-2022
Conformed to Bid Documents
Required Type of Insurance Minimum Coverage City named as
Additional Insured
Yes Comprehensive general or $2,000,000 per occurrence and Yes, and also
commercial general $3,000,000 in the aggregate Consor North
liability America,Inc&Wallis
Property Damage (XCU Engineering as
coverage) (incl. in liability additional insured.
insurance)
Products — On-going and
Completed Operations
(inc. in liability insurance)*
Yes Pollution
Yes Contractor's Pollution
Liability(CPL)**
No Contractor's Endorsement
for Lead
No Pollution endorsement for
Asbestos
Yes Transportation Pollution
Liability (TPL)
endorsement**
No Protection and Indemnity $2 million per accident
US L&H
$1 million per person per
accident
No Builders All Risk
Yes Limit per Person Medical $5,000 minimum
Expense
Yes Fire Legal Liability $500,000
Yes Automobile liability $2,000,000 per accident-
(owned, hired, & non- combined single limit or
owned) $2,000,000 bodily injury and
$1,000,000 property damage
Yes Workers Compensation Statutory Coverage No
Employer's Liability $1,000,000
(incl. in Worker Comp.
insurance)
* Additional insured coverage by endorsement shall be for on-going operations via ISO Form CG 2010 or its
equivalent, and products and completed operations via ISO Form CG 2037 or its equivalent. Waiver of Subrogation
endorsement via ISO form CTG 2404 or its equivalent shall be provided.
** If Contractor's Pollution Liability coverage is required by these Special Provisions, such coverage shall also
include a Transportation Pollution Liability endorsement that also extends coverage for damages or pollution conditions
arising out of the ownership, maintenance, use or the entrustment to others of any auto owned or operated, rented or
loaned to the Contractor.
00170.70 Insurance, (e)Additional Insured-Add the following to the end of this subsection:
Additional insured coverage under Contractor's Commercial General Liability and Excess Liability Policy(ies)as
applicable,will be provided by endorsement. Additional insured coverage shall be for on-going operations via ISO
Form CG 2010 or its equivalent, and products and completed operations via ISO Form CG 2037 or its equivalent.
Waiver of Subrogation endorsement via ISO form CG 2404 or its equivalent shall be provided.
Include Consor North America, Inc. &Wallis Engineering as additional insured.
2026/WO 378 Special Provisions-12 Revised 02-04-2022
Conformed to Bid Documents
Additional insured coverage under Contractor's Commercial General Liability and Excess Liability Policy (ies) as
applicable,will be provided by endorsement.
Add the following subsection:
00170.77 Third Party Property Improvements-Add the following subsection:
The Contractor shall not enter into any agreements with third party property owners within the project limits,or perform
any work for these property owners,without written authorization from the Agency.
Section 00180—Prosecution and Progress
Comply with Section 00180 of the General Conditions modified as follows:
00180.20 Subcontracting Limitations, (a)General -Add the following to the end of this subsection:
The Contractor's own organization shall perform Work amounting to at least 30%of the original Contract Amount.
00180.40 Limitations of Operations, (a) In General-Add the following to the end of this subsection:
Work hours shall be as indicated below:
• Normal construction hours:
• 9am to 3pm unless otherwise noted.
• Grinding and paving: M-F&s; 8pm to 5am unless otherwise noted
• Ada, signal,waterline: M-F; 7am to 6pm unless otherwise noted
• Pavement markings: M-F; daytime 9am-3pm; nights 8pm-5am
All times noted are local time. Any variations in allowed work hours shall be subject to approval in writing by the
Engineer.
Work is prohibited on the holidays listed below, unless approved in writing by the Engineer:
• New Year's Day(January 1)
• Memorial Day(last Monday of May)
• Juneteenth Day(June 19)
• Independence Day(July 4)
• Labor Day(first Monday of September)
• Thanksgiving Day and the following Friday and Saturday
• Christmas Day(December 25)
• Monday when New Year's or Christmas fall on the preceding Sunday
• Friday when New Year's or Christmas falls on the succeeding Saturday.
• Friday afternoon preceding a Monday holiday
00180.40(b) On-Site Work-Add the following bullets to the end of the bullet list:
• Distribute supplied project information signs a minimum of one week in advance of construction activities.
• Deliver supplied door hanger notifications 48 hours to 72 hours before traffic is significantly impacted.
Add the following subsection:
2026/WO 378 Special Provisions-13 Revised 02-04-2022
Conformed to Bid Documents
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
Cooperation with Other Contractors 00150.55
On-Site Work 00180.40(b)
Contract Completion Time 00180.50(h)
Traffic Lane Restrictions 00220.40(e)
Special Events 00220.40(e)
Maintenance Under Traffic 00620.43
00180.41 Project Work Schedules-After the paragraph that begins"One of the following Type..."add the following:
In addition to the"look ahead"Project Work schedule, a Type B schedule as detailed in the Standard Specifications
is required on this Contract.
The Contractor shall obtain Agency approval of the work schedule a minimum of 7 days in advance of any street
closures indicating the date work is planned for each closure. Should rescheduling become necessary, no work shall
be done until the Agency approves the revised schedule and residents are provided notice with adequate time before
the work commences.
Prior to performing each specific work task,the Contractor is required to inform the Agency's inspector specifically
what tasks will be performed and precisely when and where those tasks will be performed. Work performed without
providing advance notice to the Agency's inspector may be rejected for failure to provide advance notice, even if no
other reason is documented for such rejection.
Add the following subsection:
00180.41(i) Customer Service Element to Construction Schedule—Construction will be executed with the
highest level of customer service. Critical to that effort is planning of work sequence to minimize disruption and
inconvenience to residents and commuter traffic. As a supplemental document to the Contractor's construction
schedule,the Contractor shall submit, prior to the pre-construction conference, a plan to the Engineer that identifies:
construction sequencing and timing, expected disruptions to residents, and a public safety plan that explains
procedures on how the Contractor will maintain safe continuous ingress and egress for pedestrians and vehicular
traffic including personal use by residents, mail and newspaper delivery, garbage collection and other daily deliveries,
as applicable.
00180.42 Preconstruction Conference-Add the following to the end of this subsection:
The Contractor is required to contact the Agency to schedule the preconstruction conference.
In addition to the Contractor, the intended project superintendents,foremen, subcontractor foremen and major
suppliers—those who will be involved in construction activities—should attend the preconstruction conference. The
Contractor must be prepared for a thorough discussion and review, as well as revision,which may be deemed
necessary in the opinion of the Engineer,of the following: Major subcontractors to attend: electrical, concrete, utility
crew, ac paving; in addition to prime contractor.
(Note: These materials SHALL be brought to the preconstruction conference for discussion followed by Engineer
review. Some items may also require submittal in advance of the preconstruction meeting per the specifications.)
2026/WO 378 Special Provisions-14 Revised 02-04-2022
Conformed to Bid Documents
• Contractor's plan of operation and progress schedule(3+copies)
• List of 24-hour emergency phone numbers for the project manager,site foreman,and traffic control supervisor
• List of subcontractors, names,addresses and phone numbers
• List of quality control subcontractor(s), name(s), address(s)and phone number(s)
• List of materials fabricated or manufactured off the project
• Material sources for the project
• Names of principal suppliers
• Detailed equipment list
• "Project Labor List"for all employee classifications anticipated to be used on the project
• Cost percentage breakdown for lump sum bid item(s)
• Shop drawings(bring preliminary list)
• Traffic Control Plans-electronic is acceptable
• Erosion and Sediment Control Plan -electronic is acceptable
• Pollution Control Plan -electronic is acceptable
• Proposed site for waste material disposal and any necessary permits required for placing this material
• Proposed truck haul route
During the preconstruction conference, be prepared to discuss the following items:
• Bonds and Insurance
• Weekly project meetings—schedule and responsibilities
• Provision for inspection for materials from outside sources
• Responsibility for locating utilities—Contractor to manage utility coordination
• Responsibility for damage
• Time schedule for relocations, if by other than Contractor(coordinate with utilities)
• Compliance with Contract Documents
• Hours of work
• Acceptance and approval of work
• Labor compliance, payrolls, and certifications
• Safety regulations for Contractor's and Owner's employees and representatives
• Suspension of work,time extensions
• Change order procedures
• Progress estimates—procedures for payment
• Special requirements of funding agencies
• Construction engineering,advance notice of special work
• Any interpretation of the Contract Documents requested by the Contractor
• Any conflicts or omissions in the Contract Documents
• Any other problems or questions concerning the work
• Processing and administration of public complaints
• Rights-of-way, Easements and Temporary Construction Easements
• Submittal for approval; to pm
• Testing results;copy to Project Manager
• Three week schedule updates to Project Manager
• Rfi's to Project Manager
• Traffic control, pedestrian control—24 hr contact
00180.44 Project Meetings-Add the following
00180.44 Project Meetings, (g) Progress Meetings - Replace the second subsection that begins, "(2) Attend
regularly scheduled bi-weekly...",with the following subsection:
(2)Attend regularly scheduled weekly progress meetings conducted by the Project Manager.
Add the following subsection:
(9) Discuss neighbor impacts and maintaining access, mail service, garbage collection and other services to
private properties impacted by construction. School buses, Parks&Rec activities.
2026/WO 378 Special Provisions-15 Revised 02-04-2022
Conformed to Bid Documents
00180.44 Project Meetings, Pre-Event Meetings - Replace this subsection, except for the subsection number and
title,with the following:
The Contractor shall prepare for and attend the following:
(1)A traffic control meeting per Section 00221.
(2)An asphalt pre-paving conference per Section 00744.
(3)A concrete preplacement conference per Section 00759.
(4) Pre-stripe meeting
(5)Signals and radar w/Clackamas County
(6)Survey—meeting
00180.50 Contract Time to Complete Work, (a) General-Add the following to the end of this subsection:
Project Substantial Completion shall be September 26, 2026.
Project Final Completion shall be 20 days from Engineer's notification to Contractor of Substantial Completion.
Project Milestone Completions shall be:
• Signalized Intersections:Traffic Signal Radar detection installation shall be substantially complete prior to any
traffic signal impacts requiring vehicle detection downtime or timing/phasing modifications. Including ADA
corners.
• Traffic Signal Radar detection at the Bonita Road and Bangy Road intersection shall be substantially complete
by July 1st, 2026. Prior to traffic signal impacts requiring detection downtime and before the Bonita Road
Paving Project CI-3-26410 per section 00150.
• Project work on Hallmark Drive,Collins Way&Douglas Way shall be substantially complete by July 31st,2026.
• Project work on Indian Creek Drive shall be substantially complete by August 28th, 2026.
00180.85 Failure to Complete on Time; Liquidated Damages, (b) Liquidated Damages-Add the following to the
end of this subsection:
The amount of liquidated damages shall be as indicated below for not meeting the following Contract Times:
• Substantial Completion - $500 per Calendar Day that expires after the time specified for Substantial
Completion plus any extension thereof until the Work is determined to be substantially complete (Second
Notification)by the Agency.
• Final Completion—After Substantial Completion,$1,500 per Calendar Day that expires after the time specified
for Final Completion plus any extension thereof until the Work is determined to be finally complete (Third
Notification) by the Agency.
• Milestone Completion-$1,500 per Calendar Day that expires after the time specified for Milestone Completion
plus any extension thereof until the Work is determined to have met the Milestone Completion by the Agency.
Add the following subsection:
00180.85(c) Lane Closures-Lane closures beyond the limits specified will inconvenience the traveling public and
will be a cost to the Agency.
2026/WO 378 Special Provisions-16 Revised 02-04-2022
Conformed to Bid Documents
Section 00190—Measurement of Pay Quantities
Comply with Section 00190 of the General Conditions modified as follows:
00190.20 Contractor to Provide Vehicle Weigh Scales, (f) Contractor-Provided Weigh Technician, (2) Scale
Without Automatic Printer-Add the following paragraph after the paragraph that begins,"If the scales require manual
entry...":
Pay costs for the weigh witness at that person's contract billing rate. Just need tickets with pay qty at point of supply.
00190.20 Contractor to Provide Vehicle Weigh Scales,(g)Agency-Provided Weigh Technician-Add the following
paragraph to the end of this subsection:
Section 00195—Payment
Comply with Section 00195 of the General Conditions modified as follows:
00195.10 Payment For Changes in Materials Costs - Replace this subsection, except for the subsection number
and title,with the following:
For this Contract, an Asphalt Cement Material Price Escalation/De-escalation Clause IS NOT in effect.
PART 00200—TEMPORARY FEATURES AND APPURTENANCES
Section 00205—Field Laboratory,Weighhouse, Etc.
Delete Section in its entirety.
Section 00210—Mobilization
00210.00 Scope—Add the following to the subsection:
• Obtaining required bonds, insurance, permits and licenses.
• Preparing and submitting shop drawings, "as-built"drawings and other submittals.
• Removing equipment and extra materials from site upon completion of Work.
• All other work not identified in a separate bid items.
Section 00220—Accommodation for Public Traffic
Comply with Section 00220 of the Standard Specifications modified as follows:
Add the following subsection:
2026/WO 378 Special Provisions-17 Revised 02-04-2022
Conformed to Bid Documents
00220.01(d) Terminology-According to 00110.05(a),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".
00220.02 Public Safety and Mobility— In the eighth "bulletized" item, add the following between the words "TCD"
and "as shown":
"as required in this subsection,and"
00220.02(a) General Requirements—Replace the bulleted item that begins, "Do not stop or hold vehicles...",with
the following:
• Do not stop or hold vehicles for more than 10 minutes.
Replace the bulleted item that begins, "Do not block driveways...",with the following:
• Provide and maintain in a safe condition temporary access to all residence driveways, temporary
intersections, and temporary connections with roads, streets, bikeways, sidewalks and foot paths throughout
the life of the project. Communicate with all adjacent properties 48 hours in advance of any work affecting
access to allow necessary arrangements to take place between the property owner,Agency, and
Contractor. Communications shall be in the form of written text, verbal communication or other means and
shall be documented by the Contractor and that documentation shall be available to the Agency. Unless
specifically agreed upon in writing by the property owners, no closure to property access may occur during
the contract.
Add the following bullets to the end of the bullet list:
• When performing trench excavation or other excavation across or adjacent to a Traffic Lane on a roadway having
a pre-construction posted speed greater than 35 mph, backfill the excavation, install surfacing, and open the
roadway to traffic by the end of each work shift.
• When an abrupt edge is created by excavation, protect traffic according to the "Excavation Abrupt Edge" and the
"Typical Abrupt Edge Delineation"configurations shown on the Standard Drawings.
• Manage all employee and subcontractor parking. Contractor shall relocate employee and subcontractor parking
areas to address complaints from residential and commercial properties. The Contractor shall specifically
encourage employee and subcontractor parking within the right-of-way. Contractor shall document parking areas
prior to construction according to Section 00210.41 and restore areas to their pre-construction condition if damaged
during the project according to Section 00150.70.
Add the following:
All streets shall remain open to traffic throughout construction unless otherwise described in subsection 00220.40(e)
or 00220.40(f).
The Contractor must obtain the Engineer's approval of a traffic control and signage plan for each street on which
traffic will be disrupted at least 7 days before work on that street begins,shall implement the plan before occupying
any portion of the street,and shall maintain traffic control in accordance with that plan, or as otherwise directed by the
Engineer,for the duration of the work.Apply for TCP—electronically naming:WO378 CIP, Dan Payne listed as
Project Manager
The amount of time that a roadway is left unstriped must be minimized or temp marking upon engineers approval until
Permanent striping must be replaced on the roadway as soon as feasible; a maximum of 10 calendar days after
construction activities removes or covers roadway striping.
The amount of time that a roadway is left with a rough surface from pavement grinding must be minimized.
Pavement overlays must be constructed as soon as feasible; Contractor should plan to pave within 48 hours after
pavement taper/wedge grinding. For Kruse Way and Bangy Road,traffic is allowed on ground pavement for up to 24
hours with related street sweeping activities required.
2026/WO 378 Special Provisions-18 Revised 02-04-2022
Conformed to Bid Documents
Street sweeping required prior to allowing vehicular traffic on ground surface at the end of the shift. Street sweeper
must also be available within 4hr call out or remain onsite while vehicles are being allowed on the ground surface.
Do not place work zone signs or supports that will block existing walkways or bikeways unless otherwise approved by
the Engineer.
The Engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any
time if, in their judgment,such action is necessary to reduce excessive delays and/or protect public safety.
Coordinate with TriMet to minimize impacts and delays for transit routes.
00220.02(b) Temporary Pedestrian Accessible Route Plan—Add the following bullets to the end of the bullet list:
• TPARs with appropriate signing will be required for all curb ramp corners on Bangy Road, Kruse Way,and
Hallmark Drive as communicated through the Plans. Maximum closure time for any ramp location is two
weeks. Multiple corners may be approved by project manager for intersection corners needing additional
requirements see the following:
o Kruse Way at Westlake Drive: Closure of the westbound right lane on Kruse Way is allowed for 5
calendar working days. During closure, route pedestrians to cross Westlake Drive at southern
parking lot entrance,Temporary walks shall be provided at the NW corner of the Kruse Way at
Westlake for pedestrians to cross Kruse Way.
o Bangy Road at Meadows Road: Closure of the NW and SW corners to pedestrians is allowed.
These corners cannot be closed simultaneously. Reroute pedestrian traffic to cross Bangy Road at
the nearest legal intersection crossing.
o Bangy Road at Bonita Road: Closure of the SW corner is allowed. Close the eastbound thru lane
and combine the thru, left-turn,and right-turn vehicular movements for eastbound traffic.
00220.03(b) Closures-Add the following bullet to the end of the bullet list:
• On Street Parking—Request should be a minimum of seven (7)calendar days before closing on-street parking.
After receiving written approval, provide 48 hours'public notification before limiting the on-street parking.
00220.03 Work Zone Notifications, (c) Public Notifications—Add the following to the end of this subsection:
The City shall furnish temporary project information signs. The Contractor shall install project signs on Type II
barricade supports at each street end or entry point on which the Contractor will be working to notify residents and
street users of the specific schedule for work on that street. Signs shall be placed a minimum of 7 days before any
work affecting use of the street. Contractor shall fill in the type of work and dates with removal tape in the blanks
provided.
The Agency will provide door-hangers for the Contractor to add schedule information. The Contractor shall deliver
door-hanger notifications to properties surrounding the streets to be paved. The Agency will provide a map showing
the specific properties where door hangers are to be hung. Door-hangers shall be marked with the dates and times
that the street and/or its traffic would be significantly affected. Door-hangers shall be delivered 48 to 72 hours before
traffic would be significantly impacted on that street. In the event of a significant schedule change, door-hangers
shall be redelivered with the revised work dates/times 24 hours before significant street impacts. Work may be not
allowed if timely notification has not been provided.
Notify emergency services and organizations listed below at least 10 calendar days in advance of street closures.
The following information is provided for the contractor's convenience:
• Emergency Services 911
• City of Lake Oswego Police Department(Non-Emergency) 503-635-0238
• City of Lake Oswego Fire Department(Non-Emergency) 503-635-0275
• United States Post Office(Non-Emergency& Emergency Services) 800-275-8777
• Lake Oswego School District 503-534-2000
2026/WO 378 Special Provisions-19 Revised 02-04-2022
Conformed to Bid Documents
• TriMet 503-661-8117
• Republic Disposal 503-636-3011
Provide a minimum 48-business hours notification prior to any signal shutoff or road closure. A notification shall also
be provided once the signal is turned back on, or road re-opened. The Contractor shall notify the following
services/organizations within this LOCOM notification (confirm the list below):
• Director of Special Projects-sbroadus@ci.oswego.or.us
• City Construction Manager—dpayne@ci.oswego.or.us
• Assistant City Engineer—wfarley@ci.oswego.or.us
• Events Supervisor—sburgess@ci.oswego.or.us
• Chief of Police—gburke@ci.oswego.or.us
• Lake Oswego Communications Manager(LOCOM) Manager—tburgess@ci.oswego.or.us
• LO Police/Traffic—police-traffic@ci.oswego.or.us
• Fire Marshal—mamos@ci.oswego.or.us
00220.40 General Requirements, (d)Adjacent to Excavations— In the first"bulletized" item, delete the words "as
shown on the Standard Drawings".
00220.40 General Requirements, (e) Lane Restrictions,(1)Closed Lanes—
Replace this subsection, except for the subsection number and title,with the following:
Allowable work hours and lane closures are as follows:Work on ADA 7am-6pm if working in dedicated turn lane or
thru lane closure, check with Project Manager for specifics.
• Kruse Oaks Drive& Bangy Road (Bonita Road to Burma Road):
o Single lane closure (in either direction) allowed Monday through Friday 9:00am to 3:00pm and
Saturday 7:00am to 6:00pm. Day work activities allowed for all other work except mainline grinding
and paving, as allowed. Single lane closure (in either direction) allowed Monday through Friday
8:00pm to 5:00am and Saturday 8:00pm to 7:00am.
• Bangy Road (Kruse Way to Bonita Road):
o Single lane closure (in either direction) allowed Monday through Friday 9:00am to 3:00pm and
Saturday 7:00am to 6:00pm. Day work activities allowed for all other work except mainline grinding
and paving, as allowed. Single lane closure (in either direction) allowed Monday through Friday
8:00pm to 5:00am and Saturday 8:00pm to 7:00am. Traffic may be shifted into median to allow
closure of two side-by-side lanes.When shifting lanes into the existing median, provide a flagger at
each end of the lane shift. Night work required for mainline grinding and paving activities. Flaggers
are required at signalized intersections when a Temporary Pedestrian Diversion Plan is implemented
to direct pedestrians through the work area and to activate the pedestrian signal as necessary.
• Kruse Way Kruse at West Lake—close WB Kruse for ADA work:
o Single lane closure (in either direction) allowed Monday through Friday 9:00am to 3:00pm and
Saturday 7:00am to 6:00pm. Day work activities allowed for all other work except mainline grinding
and paving, as allowed. Single lane closure (in either direction) allowed Monday through Friday
8:00pm to 5:00am and Saturday 8:00pm to 7:00am. Night work required for mainline grinding and
paving activities. Flaggers are required at signalized intersections when a Temporary Pedestrian
Diversion Plan is implemented to direct pedestrians through the work area and to activate the
pedestrian signal as necessary.
• Hallmark Drive, Collins Way, &Douglas Way:
o Full closure of roadway is allowed.When road closure is in effect,only two of the 3 three streets may
be closed at one time and not Douglas Way/Collins Way at the same time. Hallmark Drive stage
closure around 15455 Hallmark Drive driveway to maintain access.
Local access must be maintained to all properties throughout construction.AC paving may require up to 2 hours
closure for top lift paving.
The Engineer reserves the right to impose additional lane restrictions depending on observed traffic conditions. The
Engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any
time if, in their judgment,such action is necessary to reduce excessive delays and/or protect public safety.
Add the following to the subsection:
2026/WO 378 Special Provisions-20 Revised 02-04-2022
Conformed to Bid Documents
Traffic Control Plans will likely have certain restrictions that may affect the timing of Work. Road classifications are
determined by the City's Transportation System Plan. Work on Major or Minor Arterials, may be restricted to 9 AM to
3 PM, weekdays; or night Work may be allowed, as approved by the Engineer.
Events-Add the following to the end of this subsection.
The following special events will occur during this Project:
• Sunday Market: Sunday's on Hallmark Drive beginning August 2nd, 2026
• Concerts in the Park(Westlake Park):Wednesday Evenings in August
00220.40 General Requirements, (f)Traffic and Access Constraints, Restrictions and Requirements—
Traffic and Access Constraints
(1) Limited Duration Road Closure
Add the following to this section:
Kruse Oaks Drive and Hallmark Drive shall not be fully opened to traffic until top lift paving has occurred. Kruse Way
(westbound right lane only)at Westlake Drive is allowed to be closed for 10 calendar working days.
Hallmark Drive from Collins Way to Mercantile Drive is allowed to be closed for the duration of waterline installation.
Hallmark Drive, Collins Way, and Douglas are allowed to be closed. Local access must be maintained for 15455
Hallmark Drive. Only two of these three streets may be closed simultaneously.
00220.70 Opening Sections To Traffic— In the second paragraph, delete the phrase "except watering ordered to
protect the work or to alleviate dust will be paid as provided in Section 00340".
Section 00221 —Common Provisions For Work Zone Traffic Control
Comply with Section 00221 of the Standard Specifications modified as follows:
00221.00 Scope-Delete the phrase"according to the standard drawings,the traffic control plan(TCP)for the Project,
these Specifications,or as directed"and replace with the phrase"traffic control plan (TCP)for the Project submitted by
the Contractor and accepted by the Agency,these Specifications,or as directed". Furnish all permits required for Work
under this section from the City of Lake Oswego per Section 00170.02.
00221.02 General Requirements—Add the following paragraphs to the end of this subsection:
The Contractor is reminded of their responsibility to provide a clear zone for their crews to work in. This may
necessitate temporary'no parking'signage,conversations with neighbors about removing objects or vehicles
obstructing the work area, etc.
The Contractor shall obtain the Engineer's approval of all signage and communication methods to be used for this
project. Notify the Engineer and/or inspector of any non-cooperative neighbors at least 24 hours before work would
be affected.
The Contractor is reminded it is their responsibility to protect their work from damage caused by traffic or other
factors, especially when the sealant is setting or drying. Damaged crack seal or slurry seal shall be repaired by the
contractor at no cost to the City, and the contractor is reminded of their responsibility for damage to vehicles in such
cases.
2026/WO 378 Special Provisions-21 Revised 02-04-2022
Conformed to Bid Documents
00221.06 Traffic Control Plan—Replace this subsection, except for the subsection number and title,with the
following:
00221.06(b)Contractor Modified Traffic Control Plan
Delete the text of the subsection in its entirety and replace with the following:
The Contractor shall submit a proposed TCP prepared for the Agency's review and acceptance at least 14 days prior
to start of any construction. The proposed TCP shall address all operational aspects of the Contractor's work,and shall
include provisions for areas used by the Contractor for staging and storage of materials and equipment. The proposed
TCP shall include order and duration of the TCP, all TCMs, TCDs, lane and street closures, and detours. If additional
modifications are proposed by the Contractor to the Contractor's TCP as accepted by the Agency,submit modifications
prepared by an engineer currently licensed in Oregon at least 7 days before beginning the construction activities that
require the TCP changes.
The following parameters shall apply to the Contractor's Traffic Control Plan:
• Constraints, restrictions and coordination requirements as per 00220.40(e)(1), 00220.40(e)(2)(b) and
00220.40(f).
• Curb ramp design checklists meeting the requirements of ODOT.
• Traffic control shall be designed to move traffic past the area smoothly, with proper and adequate advance
signing.
Wherever the existing roadway surface is disturbed by construction and except where temporary paving is required,
the Contractor shall regularly grade and maintain a smooth gravel surface for vehicular traffic traveling through and
within the project area until the project is complete.
Following acceptance of the proposed TCP by the Engineer, the Contractor shall follow the Agency's standard
procedure for obtaining a TCP permit via the link below:
https://www.ci.oswego.or.us/FormsLF/TTCPApplication
00221.07(c)(1) Paving-Replace this subsection, except subsection number and title,with the following:
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.
Add the following subsection:
00221.08 Traffic Control Meeting-All personnel who will directly supervise the traffic control must attend the traffic
control meeting per Section 00180.44(k). Contractor to produce and distribute meeting minutes within seven (7)days
following the meeting.
Section 00222—Temporary Traffic Control Signs
Comply with Section 00222 of the Standard Specifications modified as follows:
00222.10(a) Temporary Signs-Add the following bullet(s)to the end of the bullet list:
• Seven Calendar Days before closing the sidewalks, place a"SIDEWALK CLOSED, Full Time"(CW11-4)
sign in advance of each future closure point. Locate the sign so it is legible from the nearest alternate
pedestrian pathway facing incoming pedestrian traffic. The sign may be mounted between the panels of a
Type II barricade or on a single-post TSS. Do not place the sign or sign support such that it narrows the
pedestrian pathway to a width of less than 4 feet.
2026/WO 378 Special Provisions-22 Revised 02-04-2022
Conformed to Bid Documents
• Before opening the TPAR, place TPAR signing and other TCM as shown, or as directed. Maintain the
"SIDEWALK CLOSED, Full Time" (CW11-4)signs while the TPAR is open to pedestrian traffic.
• Install an 18 by 24-inch "NO PARKING" (R8-3a)sign in every block where on-street parking is prohibited,
facing incoming traffic.
• When construction requires bicycles to use the Traffic Lanes, install a "Bicycle ON ROADWAY" (CW11-1)
symbol sign on 1/2 mile spacing through the affected area. Keep the signs in place until completion of the
Shoulder or bikeway final surface.
00222.15(b) Portable Changeable Message Signs-Add the following paragraph to the end of this subsection:
Furnish and operate four(4) PCMS and verify location with the Inspector prior to placement. Place PCMS on streets
7 days in advance of any lane closure and maintain the signs until all work is completed within the work zone. PCMS
shall be set-up onsite within 24-hours, if requested by Agency and be available for the duration of the project.
Section 00223—Work Zone Traffic Control Labor And Vehicles
Comply with Section 00223 of the Standard Specifications modified as follows:
Add the following subsections:
00223.22 Flagger Station Lighting -Add the following bullet to the end of the bullet list:
• In addition to the products listed on the QPL, tripod mounted or cart mounted flagger station lights that were
purchased on or before January 1,2014 and that were on the QPL before January 1,2014 may also be used.
Provide proof of the original purchase date to the Engineer.
00223.31(a) Traffic Control Supervisor-- Replace the sentence that begins"In the event of a Work Zone..."with
the following sentence:
When the bid schedule does not include an item for a TCS, appoint a trained person on the Project Site during
workhours and on call at all other times who is not a laborer,operator or foreman and who:
• Meets the requirements of 00225.31.
• Inspects and maintains TCD location, operation, quality,cleanliness, and effectiveness.
• Is equipped with a cellular telephone.
• Is equipped with a two-way radio,when necessary.
• Has the authority to assign and control flagging operations.
• Has filed their name and phone number with the Engineer and local police.
• Notifies the Engineer of any corrective measures made to the TCP if the TCP is not functioning as
required, or to accommodate site conditions. Maintain the original intent of the TCP.
00223.90 Payment-Add the following to the end of this subsection:
Payment for item (a) includes all Equipment, labor, and Incidentals necessary to complete the Work as specified for
Railroad Flagger Services. No separate payment will be made for this work,as it is considered incidental to other work
on this project.
Section 00270—Temporary Fences
Comply with Section 00270 of the Standard Specifications as modified:
00270.10 Material—Replace the sentence that begins"Provide new Material..."with the following paragraph:
2026/WO 378 Special Provisions-23 Revised 02-04-2022
Conformed to Bid Documents
Provide new Material meeting the requirements of 01050.10. Used Materials in like new condition may be provided if
approved. See 00270.70.
00270.40 Construction—Replace the first sentence that begins"Construct temporary fences, gates..."with the
following paragraph:
Construct temporary fences according to the City of Lake Oswego requirements,applicable parts of Section 01050,and
as shown.Temporary chain link fence is shown on the plans generally coincident with the circumference of each tree's
critical root zone, modified for applicable right-of- way or construction restrictions. If temporary chain link fence
installation shown is limited by pre-made fence panel widths, install fence to encapsulate the critical root zone. Furnish
and install temporary chain link fence appurtenances, including panel connections and footing support system.
Attach a sign approved by the City of Lake Oswego to all fencing at intervals of every 3rd fence panel/section.
00270.80 Measurement—Replace the first paragraph of this subsection that begins"The quantities of temporary
fence...",with the following paragraph:
The quantities of temporary fence will be measured on the length basis of each type of temporary fence. Measurement
of temporary chain link fence will be made using the protected tree's critical root zone circumference. No measurement
will be made for plastic mesh fencing.
00270.90 Payment—Add the following sentence to the end of this subsection:
No separate or additional payment will be made for installing tree protection signage, or moving or adjusting
temporary chain link fence.
Section 00280—Erosion and Sediment Control
00280.00 Scope—Add the following to the subsection:
The Agency has applied for an Oregon NPDES 1200-C Permit and the accompanying Erosion and Sedimentation
Control Plan (ESCP) prepared by the Agency for areas to be disturbed is included in the Supplemental Drawings.
Through submittal of Action Plans for approval,the Contractor may prepare revisions to best illustrate the Contractor's
planned ESC BMPs at each location within the Project that requires an Action Plan.The ESCP and Action Plans identify
BMP's to prevent contamination of stormwater and includes the elements specified in Schedule A of the 1200-C
PERMIT, and discuss management of non-stormwater sources (i.e., landscaping irrigation, pipe flushing, street
washing and dewatering)as per the requirements of the 1200-C PERMIT.The Contractor shall submit the Action Plans
to the Agency for submittal to Oregon DEQ. Any comments from DEQ to the Action Plans will be returned to the
Contractor for response and Action Plan updating,in a timely manner,prior to resubmittal to DEQ and ultimate approval.
The ESCP and Action Plans shall be approved by DEQ prior to initiation of ground disturbing activities.The Contractor
shall be responsible for full implementation of the ESCP and Action Plans and shall take proper actions to prevent
contaminants, including sediment,from entering the storm drain system or otherwise being conveyed to Waters of the
State. Take immediate corrective action if directed by the Agency or Engineer, or if the Contractor observes
contaminants, including sediment entering the storm drain system.
(a) Notify the Agency of the need to prepare additional Action Plans to amend the ESCP, whenever there is a
change in construction activities or operations that may affect the discharge of significant quantities or
pollutants to surface waters,ground waters,storm drainage systems.The ESCP shall be amended via Action
Plans if the ESCP is in violation of conditions of the 1200-C PERMIT, or has not effectively achieved the
objective of reducing pollutants in stormwater discharges.
Add the following to the end of the is subsection:
Following acceptance of the proposed Erosion and Sediment Control Plan by the Engineer,the Contractor shall follow
the Agency's standard procedure for obtaining an ESCP permit via the link below:
https://www.ci.oswecio.or.usfformslf/ErosionControlApp
The Contractor shall furnish an Erosion Control Permit from the City of Lake Oswego.
2026/WO 378 Special Provisions-24 Revised 02-04-2022
Conformed to Bid Documents
00280.05 Erosion and Sediment Control Plan on Non-Agency Controlled Lands- In the last sentence of the first
paragraph,delete"before"and replace with "after".
00280.06 Erosion and Sediment Control Manager-Delete this subsection
00280.16(i) Concrete Washout-Delete the bullet that begins"Geotextile-Type 2 drainage...".
00280.62 Inspection and Monitoring- Replace this subsection, except for the subsection number and title,with the
following:
Inspect the Project Site and all ESC devices for potential erosion or sediment movement on a weekly basis and when
1/2 inch or more of rainfall occurs within a 24-hour period, including weekends and holidays.
If a significant noncompliance or serious water quality issue occurs that could endanger health or the environment,
verbally report it to the Engineer within 24 hours.
00280.90 Payment-- In the paragraph that begins"Item (a)includes..."delete the bullet that specifies"providing the
Erosion and Sediment Control Manager".
Replace the paragraph that begins"When only Item (a)is..."with the following paragraph:
When only item (a)is listed in the Contract Schedule of Items, additional ESC devices required for permit compliance
will be paid for as Extra Work according to Section 00196.
Section 00290—Environmental Protection
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—Delete the first"bullet"and replace with the following:
The Contractor shall comply with all requirements regarding noise control, in accordance with City of Lake Oswego
Code 34.10.539 and Clackamas County Code 6.05.
00290.36(a) Migratory Birds-Add the following paragraphs to the end of this subsection:
Bird management performed activities to comply with the Migratory Bird Treaty Act(16 U.S.C. 703 712)will be by the
City of Lake Oswego and its permitted agents, as documented in the City of Lake Oswego MBTA Permit, Section K.
Ensure that the City of Lake Oswego and its permitted agents have access to the project area, as needed to prevent
migratory bird nesting. Nesting prevention may include daily bird harassment and the installation and maintenance of
devices that exclude birds.
Do not disturb migratory bird nesting habitat(shrubs,trees, and structures), or clear vegetation from March 1 to
September 1 of each year without prior written approval from the Engineer. Notify the Engineer, in writing, a minimum
of 10 calendar days prior to starting activities that could harm nesting birds.
00290.90 Payment—Replace this subsection, except for the subsection number and title,with the following:
No separate payment will be made for this work, as it is considered incidental to other work on this project.
2026/WO 378 Special Provisions-25 Revised 02-04-2022
Conformed to Bid Documents
PART 00300 -ROADWORK
Section 00305—Construction Survey Work
Comply with Section 00305 of the Standard Specifications modified as follows:
00305.00 Scope—Survey staking will be required for curb ramp construction. The Consultant shall develop and
make all detail surveys necessary for layout and construction. Complete all survey staking as needed using
information contained in the plans and adjusted as necessary to meet ADA requirements. Surveyed field layout shall
be reviewed by the Engineer prior to demolition and again prior to concrete placement.
AGENCY TO Provide construction survey work according to the current edition on the date of Advertisement,of the
ODOT"Construction Surveying Manual for Contractors"(CSMC). This manual is available on the web at:
http://www.oregon.gov/ODOT/ETA/Documents_Geometronics/Construction-Survey-Manual-Contractors.pdf
Provide line and grade verification according to Chapter 8 of the ODOT CSMC when directed by the Engineer.
Add the following subsection:
00305.02 As-Built Survey Work- Add the following:
Contractor will provide post-construction as-built stormwater&waterline survey services described as follows:
• Field locate the horizontal location and rim elevations of all constructed stormwater catch basins.
• Complete measure downs within the above constructed facilities to determine as-constructed invert
elevations, pipe material, and pipe diameter for pipes entering and exiting the structures including sump
elevations.
• Field locate the horizontal location and rim elevations of all existing catch basins within the street rehabilitation
limits.
• Complete measure downs within the above existing stormwater catch basins to determine existing invert
elevations, pipe material, and pipe diameter for pipes entering and exiting the structures including sump
elevations.
This activity does not include existing stormwater/sewer manholes, and is focused on the stormwater catch
basins/inlets within the streets receiving rehabilitation paving.
Contractor shall provide all obtained as-built stormwater survey information within an AutoCAD (2019 or newer)
file.
The vertical datum for this survey is NGVD29.The basis of bearings for this survey is based on observations using
the Oregon real-time GNSS network(orgn).The horizontal datum: NAD 83_2011,state plane coordinates(Oregon
north zone 3601)distances shown hereon are ground distances.
00305.90 Payment—Add the following paragraph to the end of this section:
The accepted as-built survey work in Section 00305.02 will be paid for at the contract lump sum amount for the item
"As-Built Survey Work".
2026/WO 378 Special Provisions-26 Revised 02-04-2022
Conformed to Bid Documents
Section 00310—Removal Of Structures And Obstructions
Comply with Section 00310 of the Standard Specifications modified as follows:
Add the following subsection:
00310.46 Excavation of Existing Surfaces—Remove sidewalk and surfacings as shown on the Plans. Sidewalk
and surfacings to be removed shall be cut in neat, straight lines with vertical edges along the limits of removal. The
cut lines for removal of asphaltic or cement concrete pavement shall be reviewed and approved by the Engineer in
the field before cutting. Demolish and remove concrete curbs, islands and other surfacings as directed by the
Engineer or as shown. Make a vertical saw cut between any existing curb that is to remain and portion that is to be
removed. Remove roadway pavement and aggregate base in the street adjacent to curbs and islands as shown on
the Plan or as directed by the Engineer6
00310.90 Payment-Add the following paragraph to the end of this subsection.
No separate or additional payment will be made for removal or disposal Work included in Section 00330 according
to 00310.02.
00310.92 Separate Item Basis-Replace the sentence that begins, "Item (d)includes..."with the following:
Item (d)includes all work associated with curb ramp removal including but not limited to saw cutting, removal of
existing asphalt, aggregate base,curbs, islands, sidewalks and other surfacings to the limits and grades shown on
the plans.
Section 00320—Clearing and Grubbing
00320.40 Clearing Operations, (b) Preserving Vegetation and Other Natural Materials,(3)Trees to be Saved
Delete the first paragraph and replace with the following:
Existing trees and tree limbs or significant shrubs whether on public right-of-way,public property or private property are
not to be removed or trimmed without an approved tree protection plan and permit, pursuant to Lake Oswego Code
(LOC)Chapter 55. When trees are to be saved, the engineer will identify and mark them in accordance with the plan
and permit.
Section 00331 —Subgrade Stabilization
00331.10 Materials-Subgrade Stabilization material shall be imported crushed rock with a maximum size of 3 inches,
free from dirt, clay balls and organic material,with less than 8 percent passing the No. 200 sieve.
Section 00350—Geosynthetic Installation
Comply with Section 00350 of the Standard Specifications.
2026/WO 378 Special Provisions-27 Revised 02-04-2022
Conformed to Bid Documents
PART 00400—DRAINAGE AND SEWERS
Section 00405—Trench Excavation, Bedding, and Backfill
Comply with Section 00405 of the Standard Specifications.
Section 00440—Commercial Grade Concrete
Comply with Section 00440 of the Standard Specifications modified as follows:
Add the following subsection:
00440.01 Terminology-According to 00110.05(a),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".
00440.40(b) Placing -Add the following bullet to the end of the bullet list:
When haul time or placement conditions warrant exceeding the time of discharge, submit a detailed breakdown of the
estimated time needed from batching to discharge of a load along with the measures that will be taken to ensure slump,
temperature and uniformity will be maintained. Submit in advance to establish a new time limit at the Engineer's
discretion.
Section 00470—Manholes, Catch Basins,And Inlets
Comply with Section 00470 of the Standard Specifications modified as follows:
00470.01 Cast-in-Place and Precast Construction—Replace the second sentence with the following sentence:
Concrete inlets and siphon boxes shall be cast-in-place. Pre-cast inlets are also acceptable.
00470.42 Precast Concrete Catch Basins and Inlets-Add the following sentence to the end of this subsection:
Grade adjustments using a bolt system from the QPL is allowed.
00470.90 Payment-Add the following:
Add the following pay items to the pay item list:
Pay Item Unit of Measurement
(I) Snout and Oil Debris Stop Each
Add the following paragraphs:
Payment for items within this section shall include the supply and installation of all ancillary fittings as shown,for the
Snout&Oil Debris Stops and sumps require 2ft min sump if possible. Payment also includes removal of the existing
inlet, curb and gutter,and any curb height transitions within the inlet pay limits necessary to complete the Work.
Payment for item (i)will be payment in full for furnishing all equipment, labor, and incidentals necessary to set the new
monument box in the location identified by the City's surveyor including all coordination necessary to establish the
location.
Add the following bullet to the bullet list:
2026/WO 378 Special Provisions-28 Revised 02-04-2022
Conformed to Bid Documents
Restoring the surrounding roadway pavement section beyond what is paid for under 00640 and 00744.
Section 00490—Work On Existing Sewers And Structures
Comply with Section 00490 of the Standard Specifications modified as follows:
00490.01 Descriptive Terms—Supplement the definition of adjust with the following:
When activities necessitate paving over existing manholes, place building paper over structure lid prior to placing tack
and remove/clean any asphalt from the lid following the paving activities. Manholes that are paved over must be
uncovered within 14 calendar days.
Adjusting structures(manhole rims,valves, boxes, and catch basins)shall also include hand removal of existing
asphalt pavement around the structure as required to overlay or inlay the proposed pavement section. Sawcut for the
minor adjustment of manholes shall be a circle cut. Adjusting inlets shall also include additional work associated with
maintaining or revising the finish grade surrounding the catch basins to maintain or provide positive drainage.
00490.40 General—Supplement this section with the following:
Where shown, boxes to be adjusted shall be made parallel or perpendicular(as applicable)to the proposed roadway
curbing and sidewalk scoring unless approved otherwise by the Engineer.
00490.48 Adjusting Boxes, Cleanout Lids and Similar Structures—Add the following to the end of this
subsection:
A pre-construction monument survey was performed by the Engineer's surveyor prior to construction. Multiple survey
monuments may be present throughout the project areas, located outside monument boxes. The Contractor shall
protect all monuments from damage to the maximum extent feasible and install new boxes,where shown in the Plans.
Including installing new monument boxes over existing monument pins located within the roadway that do not have an
existing box. The Contractor shall be responsible for installing monument boxes at the exact horizontal location of any
monument that has been disturbed. The Engineer's surveyor will reset the horizontal and vertical location of
monuments that are disturbed after construction. Coordination with the Engineer's surveyor and protection of existing
monuments shall be incidental to other work under this project.
00490.90 Payment:Add the following:
Add the following pay items to the pay item list:
Pay Item Unit of Measurement
(j) Remove and Replace Valve Boxes Each
(k) Concrete Monument Box Each
(I) Replace Concrete Water Meter Box Each
Modify this section as follows:
Delete pay item(h). No separate or additional payment will be made for filling abandoned structures. Filling abandoned
structures is considered incidental to Section 00310.
Add the following to the end of this subsection:
Item (e)includes all extra or additional costs necessary to remove existing concrete from the existing catch basin as
necessary to adjust the structures and fully adjust the catch basin.
Add the following to the end of this subsection:
2026/WO 378 Special Provisions-29 Revised 02-04-2022
Conformed to Bid Documents
Item (j)includes removing the existing valve box and installing a new water valve box that meets City of Lake
Oswego standards as specified in the plans. Valve boxes shall be installed in accordance with Standard Detail W6-
01 —Typical Valve Box.
Item (k)includes removing existing monument boxes and furnishing and installing a new monument box in the same
location as the existing box or furnishing and installing a new monument box over an existing monument to complete
the work as approved by the Engineer. Coordination with the Engineer's surveyor and protection of existing
monuments shall be incidental to other bid items and will not be paid separately under this bid item.
Item (I)applies to Nicor Read-Rite polymer water box lid (B12NLGRYWATSIGthN9)and Armorcast polymer concrete
meter box(A6000485SA)shown in Standard Detail W1-01A.
Section 00495-Trench Resurfacing
Comply with Section 00495 of the Standard Specifications.
PART 00600—BASES
Section 00610—Reconditioning Existing Roadway
Comply with Section 00610 of the Standard Specifications modified as follows:
00610.80 Measurement- Replace this subsection, except for the subsection number and title,with the following:
The quantities for Reconditioning will be measured on an area basis. Measurement will be the finished surface,
limited to the Neat Lines shown or directed.
00610.90 Payment- Delete the paragraph that starts"Payment for reconditioning and preparation Work and replace
with "Payment for reconditioning and preparation Work will be made on an area basis for"Reconditioning Existing
Roadway—.
Delete the paragraph, "Removal and disposal of Unsuitable Materials will be paid for according to 00140.30".
Section 00620-Cold Plane Pavement Removal
Comply with Section 00620 of the Standard Specifications modified as follows:
00620.00 Scope—Add the following to the end of the subsection:
The plans show preliminary locations of pavement removal and grind/inlay areas. The engineer may modify these
areas by marking the existing pavement to show the final locations of pavement removal and grind/inlay areas.
The depth of edge grind across driveway drops shall be 2"unless otherwise shown on the plans or directed by the
engineer.
00620.40(a) General-Replace this subsection, except for the subsection number and title,with the following:
2026/WO 378 Special Provisions-30 Revised 02-04-2022
Conformed to Bid Documents
Remove the existing pavement to the depth,width, grade and cross section shown or as directed. The use of a
heating device to soften the pavement is not allowed.
00620.43 Maintenance Under Traffic- Replace this subsection, except for the subsection number and title,with the
following:
Traffic is not allowed on consistent depth cold planed surfaces for Hallmark Drive and Kruse Oaks Drive. Before
opening the area to traffic, pave the surface according to 00744.
Traffic will be allowed on tapered cold planed surfaces (e.g. 0-2 inch taper/wedge grinds)for up to 48 hours after
removing the existing surface. Sweep and clean the cold planed surface before opening to traffic.
Traffic will be allowed on the cold planed surface up to 1 Calendar Day after removing the existing surface on Bangy
Road and Kruse Way. Sweep and clean the cold planed surface before opening to traffic.
Before beginning paving operations, make repairs to the existing cold planed surface as directed. Payment for the
repairs will be made according to 00195.20.Add the following subsection:
00620.44 Cold Planing Operations
The Contractor shall coordinate the work limits with the Engineer. The Engineer must approve the limits prior to the
Contractor beginning the work.
All edges remaining after cold plane pavement removal shall be vertical to accept the succeeding full depth asphalt
lift. Vertical edges left at the edge of the grinding drum are acceptable. Rounded edges where the face of the
grinding drum is terminated are not allowed. Rounded edges shall be ground vertical by rotating the grinding
machine. Where rounded edges cannot otherwise be ground vertical as part of the cold plane removal operations,
saw cut edges and remove pavement according to Section 00310.
Section 00641 —Aggregate Subbase, Base and Shoulder
00641.10 Materials,(a) Base and Shoulder Aggregate-Base rock aggregate shall be 1"-0 or Y4"-0 in accordance
with Section 02630, Table 02630-1.
00641.44 Shaping and Compacting, (a) Aggregate Base Courses, (1) Dense-graded Aggregates - Delete "95
percent of the maximum density"and replace with "95% relative density per ASTM D1557(AASHTO T-180)".
Section 00730—Emulsified Asphalt Tack Coat
Comply with Section 00730 of the Standard Specifications modified as follows:
00730.11 Emulsified Asphalt-In the paragraph that begins"Obtain samples according to AASHTO T 40..."
replace the words"AASHTO T 40"with the words"AASHTO R 66".
00730.22 Asphalt Distributor—Add the following to the end of this subsection:
Apply emulsified asphalt material to vertical surfaces(curb faces,catch basin faces, butt joints,etc.). Avoid excess
tack coat overspray being applied to vertical surfaces. Shields protecting vertical faces shall be provided and used
during tacking operations. All overspray shall be promptly removed.
00730.44 Applying Tack Coat—Replace the sentence beginning with"Apply the emulsified asphalt..."with the
following sentence:
2026/WO 378 Special Provisions-31 Revised 02-04-2022
Conformed to Bid Documents
Apply the emulsified asphalt to the prepared surface at a rate between 0.08 and 0.20 gallons per square yard as
directed and with the emulsified asphalt temperature between 140 °F and 185 °F as recommend by the manufacturer.
Additional application of tack may be required,as directed by the Inspector,to obtain the necessary residual asphalt.
00730.90 Payment- Replace this subsection,except for the subsection number and title,with the following:
No separate or additional payment will be made for Emulsified Asphalt tack coat.Approximately Tons of
Emulsified Asphalt in tack coat will be required on this Project.
Section 00744—Asphalt Cement Pavement
Replace Section 00744 of the Standard Specifications with the following Section 00744.
00744.00 Scope—Replace this subsection with the following:
This work consists of constructing asphalt concrete pavement(ACP)to the lines, grades,thicknesses, and cross
sections shown or established.
Where shown,work shall include furnishing all materials, equipment, labor, and incidentals for mixing aramid fiber
into ACP,when aramid fiber is required as a mixture ingredient.The fiber reinforced ACP will be subject to all
requirements for ACP in this Section.
00744.01 Abbreviations:
HMAC - Hot Mix Asphalt Concrete
MDT - Maximum Density Test
RAM - Recycled Asphalt Material
TSR - Tensile Strength Ratio
VFA - Voids Filled with Asphalt
VMA - Voids in Mineral Aggregate
WMAC - Warm Mix Asphalt Concrete
00744.02 Definitions:
Asphalt Concrete Pavement-Uniformly coated mixture of asphalt cement, graded Aggregate, and additives as
required. The use of ACP in this section refers to either hot mix or warm mix asphalt concrete.
Hot Mix Asphalt Concrete-A hot plant mixed ACP.
Level 2 ACP-ACP for use in applications with low traffic volumes and low volume truck traffic. Level 2 not used.
Level 3 ACP-ACP for use in applications exposed to moderate truck traffic.
Recycled Asphalt Material-The combination of reclaimed asphalt Pavement(RAP)and recycled asphalt shingles
(RAS).
Warm Mix Asphalt Concrete-An asphalt concrete mix following all requirements of HMAC, except that through use
of approved additives or processes, it is mixed, placed, and compacted at lower temperatures.
Forta-Fi Reinforcing Fibers-ACP with Forta-Fi fibers mixed in.
00744.03 Quality Control Plan—Submit a comprehensive and project specific paving quality control plan for
approval. Submit a draft Quality Control Plan prior to the Pre-paving Conference and re-submit the Quality Control
Plan for approval based on comments received at the Pre-paving Conference. The plan shall include, but not limited
to, a brief narrative addressing each of the following items:
2026/WO 378 Special Provisions-32 Revised 02-04-2022
Conformed to Bid Documents
• List of personnel to be used meeting the requirements of 00744.30, including:
• Contractor
• Mix Supplier
• Mix Design Technicians
• QC Officer
• Backup QC Officer
• Plant Technicians
• Density Technicians
• Source of all materials
• Trucking plan that ensures continuous paving operation.
• Sampling and testing plan meeting the requirements of 00744.10, 00744.11, 00744.16 and 00744.50.
• JMF meeting the requirements of 00744.12, 00744.13 and 00744.14.
• List of equipment to be used in the paving operation.
• List of best management practices used during construction to ensure the specifications are met. Practices
shall address the following items:
• Subgrade and surface preparation
• Utility adjustments(valve cans, manholes,etc.)
• Tack
• Temperature
• Release agent(diesel not allowed)
• Cleanout location for delivery trucks
• Joint construction
• Joint location
• Segregation
• Depth
• Cross Slope
• Roller pattern
• Compaction
• Smoothness
• Correction of surface defects (segregation, separated joints,etc.)
Materials
00744.05 Forta-Fi Reinforcing Fibers- Forta-Fi treated ACP shall be mixed and installed in accordance with the
manufacturer's recommendations.
00744.10 Aggregate- Furnish new Aggregate, RAP Aggregate,and RAS Aggregate meeting the following
requirements:
(a) New Coarse and Fine Aggregates-Produce coarse and fine Aggregate from crushed Rock or other inert
material of similar characteristics.
Blend sand is allowed for Levels 1,2, and 3 mixes. Do not use more than 6 percent natural or uncrushed blend
sand, by weight, in the total Aggregate. Provide a means of verifying and documenting the amount of blend sand
added to the Aggregate.
Provide test results showing Aggregates meet requirements for soundness, durability,fractured faces and harmful
substances as described below. No sandstone, shale or other soft material will be allowed.
(1) Soundness-Provide coarse and fine Aggregate with a weighted loss not exceeding 12 percent when
subjected to five cycles of the soundness test using sodium sulfate solution according to AASHTO T 104.
(2) Durability-Provide Aggregate not exceeding the following maximum values:
2026/WO 378 Special Provisions-33 Revised 02-04-2022
Conformed to Bid Documents
Test Test Method Aggregates
ODOT AASHTO Coarse
Abrasion T 96 30.0%
Degradation
Passing No.20 sieve TM 208 30.0%
Sediment Height TM 208 3.0"
(3) Fractured Faces-Provide crushed Aggregate with not less than the minimum number of fractured faces
as determined by AASHTO T 335 as follows:
Percent of Fracture(by Weight)
Material Retained
on 1",3/4", 1/2" Material Retained
and No.4 Sieve on No. 8 sieve
Type of Mix (two fractured faces) (one fractured face)
All ACP 75 75
(4) Harmful Substances- Do not exceed the following maximum values:
Test Test Method Aggregates
ODOT AASHTO Coarse Fine
Lightweight pieces T 113 1.0%
Wood Particles TM 225 0.10%
Elongated Pieces TM 229 10.0%
(at a ratio of 5:1)
Plasticity Index T 90 0 or NP
Sand Equivalent T 176 45 min.
(b) Reclaimed Asphalt Pavement- RAP material used in the production of new ACP is optional. No more than 30
percent RAP material will be allowed in the new ACP Pavement. Use RAP Aggregates in the ACP that are no larger
than the specified maximum allowable Aggregate size before entering the cold feed. Blend the RAP material with
new Aggregate to provide a mixture conforming to the JMF within the tolerances specified.
(c) Recycled Asphalt Shingles- RAS used in the production of new ACP is optional. Either manufacturer waste
(post-manufacturer)RAS or tear-off(post-consumer)RAS may be used. Manufacturer waste RAS is processed
asphalt shingle material derived from manufacturer's shingle scrap. Tear-off RAS is processed asphalt shingle
2026/WO 378 Special Provisions-34 Revised 02-04-2022
Conformed to Bid Documents
material derived from shingle scrap removed from Structures. All percentages are based upon dry weights for
calculations.
(1) Processing Shingles-Process the RAS by grinding at ambient temperature so that 100 percent of the
shredded pieces are less than 1/2 inch in any dimension and that 90 percent are less than 3/8 inch in any
dimension when sampled according to AASHTO T 2 and tested according to AASHTO T 27. Sample and test the
processed RAS for gradation at a frequency of one test for every 50 tons of RAS processed.
(2) Harmful Substances-Certify that the RAS does not contain asbestos fibers according to the policies and
procedures established by the Department of Environmental Quality. Test deleterious materials according to
ODOT TM 335 at a frequency of one test for every 50 tons of RAS material. Limit the percentage of deleterious
materials to 1.0 percent. If fine Aggregate is added as an anti-clumping agent, sample and test processed RAS
for harmful substances before adding the fine Aggregates.
(3) Anti-Clumping Additive-Fine Aggregate meeting the requirements of 00744.10(a)may be added to the
RAS in a quantity not to exceed 4 percent by weight of RAS to keep the material workable and to prevent
conglomeration of the shingle particles in the stockpile. Include these added fine Aggregates in the mix design.
RAS may also be blended with RAP in controlled percentages to preclude clumping. Do not contaminate
stockpiled RAS with dirt or other foreign materials.
(4) Allowable Percentages-No more than 5.0 percent RAS by total weight of Aggregate is allowed in ACP
mixtures. Restrict the maximum allowable percentage of asphalt binder replacement to 20.0 percent for Base
Courses and 15.0 percent for wearing Courses in ACP containing only RAS.
When RAS is used in conjunction with RAP, restrict the maximum allowable percentage of binder replacement to
30.0 percent for Base Courses and 25.0 percent for wearing Courses.
(5) Establishing Mix Design Inputs- For ACP mixtures containing RAS or RAM,following any addition of fine
Aggregate as an anti-clumping agent, test the material according to ODOT TM 319 to establish the asphalt
content, material specific gravities,and gradation. Develop mixture designs according to the ODOT Contractor
Mix Design Guidelines for Asphalt Concrete.
Blend the RAS or RAM with new Aggregate to provide a mixture conforming to the JMF within the tolerances
specified.
00744.11 Asphalt Cement and Additives-Furnish the following asphalt cement and additives:
(a) Asphalt Cement- Use the grade of asphalt that is specified in the Contract Documents. Provide asphalt
cement conforming to the requirement of ODOT's publication "Standard Specifications for Asphalt Materials".
Copies of the publication are available from ODOT's website. The applicable Specifications are those
contained in the current publication on the date the Project is advertised.
(b) Asphalt Cement Additives- Use standard recognized asphalt cement additive products that are of
known value for the intended purpose and approved for use on the basis of laboratory tests and capable of
being thoroughly mixed. Do not use asphalt cement additives that have detrimental effects on the asphalt
material. Do not use silicones as an additive. Add the following asphalt cement additives when required by
the JMF:
• Anti-stripping asphalt cement additives to prevent stripping or separation of asphalt coatings from
Aggregates to satisfy the TSR specified in 00744.13.
• Asphalt cement admixtures used to aid in the mixing or use of asphalt mixes or for experimental
purposes.
When WMAC is used, select one of the WMAC technologies and process and additive types identified on ODOT's
publication "Approved WMAC Technologies".
2026/WO 378 Special Provisions-35 Revised 02-04-2022
Conformed to Bid Documents
Submit the proposed WMAC technology to be used and a plan for its implementation at the pre-construction
conference.
Comply with the manufacturer's recommendations for incorporating additives and WMAC technologies into the
mix. Comply with manufacturer's recommendations regarding receiving, storing, and delivering the additives.
00744.12 Mix Type and Broadband Limits- Furnish the mix type specified in the Contract Documents within
the broadband limits according to following:
(a) Mix Type- Furnish the types of ACP shown or as directed. When the Plans allow an option of two types
for a Course of Pavement, use only one type throughout the Course.
(b) Broadband Limits-Provide a JMF for the specified mix type within the control points listed below:
1/2"ACP 3/8"ACP 1/4"ACP
Sieve Size Control Points Control Points Control Points
(%passing (%passing (%passing
by Weight) by Weight) by Weight)
Min. Max. Min. Max. Min. Max.
3/4" 100
1/2" 90 100 100
3/8" - 90 90 100 100
1/4" - - - - - 90
No. 4 - - - 90 70 80
No. 8 28 58 32 67 40 65
No. 200 2.0 10.0 2.0 10.0 2.0 10.0
00744.13 Job Mix Formula Requirements
(a) General -Do not begin production of ACP for use on the project until the Engineer reviews the JMF and
provides written consent.Acceptance of the JMF through ODOT is not required.A new JMF is required if the
asphalt cement performance grade or any additives change during production. Provide a JMF for the Project
meeting the following criteria and that was either developed or verified within 3 years of the date the Contract
and was used in another Contract within 1 year of the date the Contract was advertised:
Level 2 Level 3
Design Method Superpave Superpave
Compaction Level 65 Gyrations 80 Gyrations
Air Voids, % 1/2 inch-3.5 1/2 inch-3.5
3/8 inch-4.0 3/8 inch-4.0
2026/WO 378 Special Provisions-36 Revised 02-04-2022
Conformed to Bid Documents
1/4 inch -4.0 1/4 inch -4.0
VMA, % minimum 1/2 inch - 14.0 1/2 inch - 14.0
3/8 inch - 15.0 3/8 inch - 15.0
1/4 inch - 15.0 1/4 inch - 15.0
VMA, % maximum min +2.0% min +2.0%
1/4 inch: min +3.0% 1/4 inch: min +3.0%
P No. 200/Eff.AC ratio 0.8 to 1.6 0.8 to 1.6
TSR, % minimum 80 80
VFA, % 1/2 inch: 65-78 1/2 inch: 65-75
3/8 inch: 70-80 3/8 inch: 70-80
1/4 inch: 70-80 1/4 inch: 70—80
TSR 80% 80%
Develop the JMF according to the ODOT Contractor Mix Design Guidelines for Asphalt Concrete; or verify
according to the ODOT Mix Design Verification process. All Specification Section 00745 references in the ODOT
Contractor Mix Design Guidelines for Asphalt Concrete shall be replaced with this project Special Provision
Section 00744. Submit the proposed JMF and supporting data to the Engineer for review at least 10 Calendar
Days before anticipated use. Submit all Mix Design Verification (MDV)data developed over the last year
including air voids. If acceptable,written acceptance will be provided. Perform a new TSR if the source of the
asphalt cement changes.
(b) Performance Test-For Level 3 wearing Course mixes,the mix design submittal shall include the
results of the performance testing as outlined in the latest ODOT Contractor Mix Design Guidelines for
Asphalt Concrete in the mix design submittal.
(c) Reclaimed Asphalt Material-Reclaimed Asphalt Material (RAP or RAS)material used in the
production of ACP is optional.
(d)Warm Mix Asphalt Concrete- Issue a separate JMF for WMAC. Do not use RAS in WMAC mixes with
minimum compaction temperatures less than 260 °F.
When WMAC is used, provide the following information in addition to the requirements listed for ACP:
• WMAC technology and WMAC additives information.
• WMAC technology manufacturer's established recommendations of usage.
• WMAC technology manufacturer's established target rate for water and additives,the acceptable
variation for production, and documentation showing the impact of excessive production variation.
• WMAC technology material safety data sheets if applicable.
• Temperature range for mixing.
• Temperature range for compacting.
• Except for foaming technology, asphalt binder performance grade test data of the asphalt binder and
chemical additive at the manufacturer's recommended dosage rate.
• Except for foaming technology,WMAC mixture performance test results. Perform testing for foaming
technology on the production mix on specimens compacted at WMAC compaction temperatures.
2026/WO 378 Special Provisions-37 Revised 02-04-2022
Conformed to Bid Documents
(e)Asphalt Cement Grade-Provide asphalt cement conforming to the requirement of ODOT's publication
"Standard Specifications for Asphalt Materials." Provide a performance grade according to the following:
Percent RAP Performance Grade
20 or less PG 64-22
more than 20 PG 64-28
(f)Additives—Use standard recognized asphalt cement additive products that are of known value for the
intended purpose and approved for use on the basis of laboratory tests and capable of being thoroughly mixed.
00744.14 Tolerances and Limits- Produce and place ACP within the following JMF tolerances and limits:
Gradation ACP Type
Constituent 1/2" 3/8" 1/4"
1"
3/4" JMF±5%"
1/2" 90- 100% JMF±5%"
3/8" - 90- 100% JMF±5%"
1/4" JMF±5% JMF±5% 90- 100%
No.4 JMF±5% JMF±5% JMF±5%
No. 8 JMF±4% JMF±4% JMF±4%
No. 30 JMF±4% JMF±4% JMF±4%
No. 200 JMF±2.0% JMF±2.0% JMF±2.0%
* Maximum not to exceed 100%
Constituent of Mixture ACP All Types
Asphalt Cement-AASHTO T 308 (Ignition)and ODOT JMF±0.50%
TM 323
RAP Content-ODOT TM 321 JMF±2.0%
RAS Content-ODOT TM 321 JMF± 1.0%
RAM Content-ODOT TM 321 JMF±2.0%
Moisture content at time of discharge from the mixing 0.80% max.
plant-AASHTO T 329
When a JMF tolerance applies to a constituent,full tolerance will be given even if it exceeds the control points
established in 00744.12(b). Full tolerance will be given for RAP, RAS, or RAM content even if it exceeds the limits
established in 00744.10.
00744.16 General Testing Requirements
(a) Laboratory Requirements—Furnish and maintain an ODOT certified QC laboratory. Furnish the laboratory
with the necessary equipment and supplies for performing Contractor QC testing. Calibrate all testing equipment
according to the required test methods. The Engineer may inspect measuring and testing devices to confirm both
calibration and condition.
The laboratory must be operational before beginning the ACP production and be equipped with a telephone or
cellular telephone. Provide laboratory equipment meeting the requirements of the applicable test methods
identified in these Specifications and selected for use on the Project.
(b) Plant Calibration -Calibrate all meters and belt scales at the ACP mixing plant according to ODOT TM 322
before beginning production.
2026/WO 378 Special Provisions-38 Revised 02-04-2022
Conformed to Bid Documents
(c)Sampling and Testing- For each 1,000 tons of placement, have a CAT I perform a minimum of one of each
of the following test methods as modified in the MFTP:
• Asphalt Content-AASHTO T 308 with ODOT TM 323 determined Calibration Factor
• Gradation -AASHTO T 30
• Mix Moisture-AASHTO T 329
• Maximum Specific Gravity-AASHTO T 209
• Field Compacted Gyratory Specimens-ODOT TM 326
When less than 1,000 tons of mix is placed in a day, perform a minimum of one series of tests per day. Provide
test results to the Engineer by the middle of the following work shift.
Provide samples or split samples to the Engineer when requested. The Agency may elect to complete additional
Quality Assurance testing at its discretion.
00744.17 Acceptance- If the test result for each mix gradation constituent, asphalt content, and density
measurement is within the specification limits, the material will be accepted. If the asphalt content, one or more
gradation constituents, or the density measurement are not within the specification limits, the material that is not
within the specification limits will be accepted according to 00150.25.
Equipment
00744.22 Addition of Forta-Fi Reinforcing Fiber-Add fiber product to the asphalt at the manufacturer's
recommended dosage rate. A fiber supplier's representative shall be present onsite during ACP production
mixing.This requirement may be waived by the Engineer if the fiber supplier and ACP producer can supply
evidence of the supplier's fiber product being successfully produced by the ACP producer.
00744.23 Pavers- Provide pavers that are:
• Self-contained, self-propelled, supported on tracks or wheels, none of which contact the mixture being
placed.
• Equipped with augers and a screed or strike-off assembly, heated if necessary,which:
• Can spread and finish the ACP to a uniform texture, in the specified widths,thicknesses, lines,
grades and Cross Sections.
• Will not segregate, tear, shove or gouge the ACP.
• Equipped with a paver control system which:
• Controls the ACP placement to specified Slope and grade.
• Maintains the paver screed in proper position.
• Provides the specified results through mechanical sensors and sensor-directed devices actuated
from independent line and grade control references.
• Equipped with adequate lighting to illuminate the paver and the roadway in front of and behind the paver
during the period from 30 minutes after sunset to 30 minutes before sunrise, or as directed. Shield lighting
from adjacent traffic as necessary. Provide a minimum light level of 10 footcandles as measured by the
Engineer on the roadway surface at a distance of 16 feet from the front and back edges of the paver.
00744.24 Compactors -Provide the specified self-propelled rollers capable of reversing without backlash, as
follows:
(a) Steel-Wheeled Rollers-Steel-wheeled rollers with a minimum gross static weight as follows:
Level 2 Level 3
Breakdown and Intermediate 8 ton 10 ton
Finish 6 ton 8 ton
2026/WO 378 Special Provisions-39 Revised 02-04-2022
Conformed to Bid Documents
(b) Vibratory Rollers-Vibratory rollers that:
•Are equipped with amplitude and frequency controls.
•Are specifically designed to compact ACP.
•Are Capable of at least 2000 vibrations per minute.
Have a minimum gross static weight meeting the requirements of 00744.24(a).
Do not operate in vibratory mode for lifts thinner than or equal to 1 inch for the type of ACP being compacted.
If vibratory rollers are used for finish rolling, they shall:
• Have a minimum gross static weight meeting the requirements of 00744.24(a).
• Not be operated in the vibratory mode.
(d) Illumination- Provide adequate lighting to illuminate each compactor and the roadway in front of and behind
each compactor during the period 30 minutes after sunset to 30 minutes before sunrise, or as directed. Shield
lighting from adjacent traffic as necessary. Provide a minimum light level of 10 foot candles as measured by the
Engineer on the roadway surface at a distance of 60 feet from the front and back edges of each compactor.
The use of equipment which crushes the aggregate to an appreciable extent will not be permitted.
00744.25 Trucks—Do not use vehicles or transfers with rear drop axles in which raising the drop axle would cause
the vehicle to exceed legal load limits.
Labor
00744.30 Quality Control Personnel- Provide technicians having CAgT, CAT-I, CAT-II, CDT, and CMDT technical
certifications.
Providing a reinforcing fiber product representative at each plant site when producing mixture for the Project unless
plant submits a minimum of three examples of prior use of suppliers reinforcing fibers.
Construction
00744.40 Season and Temperature Limitations-Place ACP when the temperature of the surface that is to be
paved is not less than the temperature indicated:
Nominal Compacted All Levels Level 2 Level 3
Thickness of Individual Lifts
and Courses as shown on
the typical section of the Travel Lane All Other
plans
All Courses Wearing Course Courses
Surface From To From To From To
Temperature* Inclusive Inclusive Inclusive
Less than 2 inches 60°F All Year** 3/15 9/30 All Year**
2 inches-2 1/2 inches 50°F All Year** 3/15 9/30 All Year**
Greater than 2 1/2 inches 40°F All Year** 3/15 9/30 All Year**
Temporary 40°F All Year** All Year** All Year**
* Do not use field burners or other devices to heat the Pavement surface to the specified minimum temperature.
2026/WO 378 Special Provisions-40 Revised 02-04-2022
Conformed to Bid Documents
"" If placing ACP between March 15 and September 30,temperature requirement may be lowered 5°F.
00744.41 Pre-paving Conference—Hold a pre-paving conference with all Contractor supervisory personnel,all
subcontractors who are to be involved in the paving work, and the Engineer. Meet at a mutually agreed time and
discuss all methods of accomplishing all phase of the paving work. The Pre-paving Conference agenda will be
prepared by the Agency and distributed to the Contractor prior to the conference. Contractor shall submit a draft
Quality Control Plan per Section 00744.03 and a draft Traffic Control Plan per Section 00225 for discussion purposes
at the Pre-paving Conference. Contractor shall revise the Quality Control Plan and Traffic Control Plan based on
approvals obtained at the Pre-paving Conference. The conference shall address topics such as:
• Contractor Key Paving Personnel
• Quality Control Plan
• Traffic Control Plan
• Erosion Control Plan
• Review of JMF(mix type(s), asphalt grade, mixing and placement temperatures, etc.)
• Haul Vehicles(type and quantity,truck routes, haul distance,clean out areas, release agents, etc.)
• Check weights and scales
• Manhole and box adjustments
• Tack spread rates and certifications, and tack application acceptance
• Joint construction means and methods
• Laboratory and equipment certifications
• Review type of paver, grade control and panel widths, lift sizes and staging
• Roller pattern for compaction
• Smoothness testing by Contractor
• ACP plant testing and compaction testing
• Temporary striping
00744.42 Mixing Temperatures -Produce ACP within the temperature ranges recommended by the asphalt
cement Supplier for the grade of asphalt being used on the Project.
Establish the allowable mixing and placement temperature ranges by the JMF. Measure the mixture temperature at
the discharge of the mixer. Measure the placement temperature behind the paver. The allowable production
temperatures may be adjusted based on the asphalt cement Supplier's recommendation if approved by the Engineer.
The maximum mixture temperature and the minimum placement temperature shall be as follows:
Temperature, °F
Type Maximum at Mixer Minimum Behind
Paver
HMAC 350 240
WMAC 275 215
Within the above limits,the Contractor with approval of the Engineer, or the Engineer may adjust this temperature in
10 °F increments from the JMF as follows:
• Up- If the aggregate coating, moisture content,workability or compaction requirements are not attained.
• Down - If the aggregate coating, moisture content,workability and compaction requirements are attained.
00744.43 Preparation of Underlying Surfaces-All valve boxes, monument boxes, manholes and catch basins
shall be adjusted to finish grade in advance of or during the paving operation. No adjustments shall be made after
the paving is completed unless approved by the Engineer prior to paving. Minimum paving ring size for manholes
shall be two inches. Adjustments made for manhole slopes and/or less than two inches of grade increase shall
require a frame adjustment.
2026/WO 378 Special Provisions-41 Revised 02-04-2022
Conformed to Bid Documents
Any tree branches or foliage which will hinder the proper placement of the surfacing shall be removed by the
Contractor by pruning and sealing the cut ends or tying back in a manner approved by the Engineer. The Contractor
shall be responsible for trees damaged that are not properly pruned or tied back.
All surfaces to be paved shall be swept clean by the Contractor no more than 24 hours in advance of paving. The
Contractor shall remove vegetation prior to washing or sweeping. The Contractor shall use vacuum street sweepers
that are self-propelled equipment with rotating brooms and brushes that are capable of loosening dirt and debris from
the road surface. In those areas where dirt and debris cannot be removed with sweeping alone,washing of the
surface will be required.
Coordinate construction of driveway transitions with property owners to minimize disruption of access.
00744.44 Tack Coat-Construct a tack coat before placing each Lift of ACP according to Section 00730. A tack
coat is not required before placing ACP on Aggregate Base.
Treat all paved surfaces on and against which ACP is to be placed with an asphalt tack coat according to Section
00730. Before applying the tack coat, clean and dry the surface to be tacked.
Remove all loose material that will reduce adhesion of the tack by brooming,flushing with water, or other approved
methods.
Avoid excess tack coat being applied to the concrete gutter or curb face. Shields protecting curb faces shall be
provided and used during tacking of curb faces. Any tack coat inadvertently or inappropriately applied to the gutter or
curb face shall be promptly removed.
The Engineer may require additional tack coat placement as necessary to obtain the residual asphalt needed to
ensure bond between lifts as specified.
00744.45 Hauling, Depositing, and Placing-Haul, deposit, and place ACP according to the following:
(a) Hauling- Provide vehicles with tight,clean and smooth metal beds equipped with covers to protect against
moisture and heat loss. Cover ACP if rain is encountered any time between loading and placement,for all night
work, and when the duration between loading and delivery to the paver results in the temperature of the ACP
delivered to the paver to be below the upper limit of the compaction temperature range noted in the JMF.
ACP will be rejected before placing if one or more of the following occurs:
• Placement temperature measured in the truck below limit specified in the approved JMF.
• Below temperature limit specified in 00744.42.
• Slumping or separating.
• Solidifying.
• Any other item, in the judgment of the Engineer,would be likely to decrease the quality of the paving.
Dispose of rejected loads at no additional cost to the Agency.
Vehicles which cause excessive segregation,which leak badly, or which the Engineer has determined delay
normal operations, shall be removed from the project.
Deliver the mixture to the paving machine at a rate that provides continuous operation of the paving machine,
except for unavoidable delay or breakdown. If excessive stopping of the paving machine occurs during paving
operations,the Engineer may suspend paving operations until the mixture delivery rate matches the paving
machine operation.
Do not use diesel oil or fuel as a release agent unless approved by the Engineer.
2026/WO 378 Special Provisions-42 Revised 02-04-2022
Conformed to Bid Documents
Do not clean out trucks in front of the paver. Clean trucks in an approved location away from the paving
operation. Pick up and restore cleanout area daily.
(b) Depositing-Deposit ACP from the hauling vehicles so segregation is prevented.
(c) Placing-Alternative equipment and means may be allowed by the Engineer if the use of a paver is
impractical. If a dump truck cannot physically deliver the mix to a tight area,a very clean bucket of a loader may
be used as an alternate.
Do not place ACP during rain or other adverse weather conditions, unless allowed by the Engineer. ACP in
transit at the time adverse conditions occur may be placed if:
• It has been covered during transit.
• The ACP temperature is satisfactory.
• It is placed on a foundation free from pools or flow of water.
• No other factors are observed by the Engineer that would reduce the quality of paving.
Place the mixture in the number of Lifts and Courses, and to the compacted thickness for each Lift and Course,
as shown. Place each Course in one Lift unless otherwise specified. Do not exceed a compacted thickness of 3
inches for any Lift, unless otherwise directed. Limit the minimum Lift thickness to twice the maximum Aggregate
size in the mix.
ACP shall not be placed against concrete,curb or gutter, or other structures, until seven days after the concrete
has been placed, adequate strength of the concrete has been achieved,and structures have been backfilled to
provide lateral support.
When more than one lift of asphalt is required, no subsequent lifts shall be placed until the prior lift has
adequately cooled and set sufficiently to prevent marking and has achieved minimum compaction requirements.
Any mixture that becomes loose and broken, mixed with dirt or is any way defective shall be subject to removal
and to replacement with fresh hot mixture,which shall be compacted to conform to the surrounding area. Any
area showing an excess or deficiency of asphalt cement shall be subject to removal and to replacement.
Removal and replacement under these provisions shall be at the expense of the Contractor.
If hand work is necessary such as at transitions, ramps, beginning, and ending panels, stop material from
becoming segregated by excessive raking. If larger aggregate collects on the surface, remove this larger
aggregate and introduce fresh, appropriately graded mixture to the area and finish so there is no apparent
segregation and the mat is one uniform texture.
Do not broadcast mix by shovel across a new mat. If observed,the affected portion of the mat may be rejected.
00744.46 Longitudinal Joints-At longitudinal joints, bond,compact and finish the new ACP equal to the ACP
against which it is placed.
Roll joints without raking the joint with self-propelled rollers as follows:
• Pass no. 1 on the hot side with 6-inch overlap on the cold (or previously-placed)mat
• Complete pattern to cover the remainder of the mat
(a) Location- Place the ACP in Panel widths which hold the number of longitudinal joints to a minimum. Offset
the longitudinal joints in one Panel by at least 6 inches from the longitudinal joints in the Panel immediately below.
(1) Base Course- Place Base Course longitudinal joints within 12 inches of the edge of a lane, or within 12
inches of the center of a lane, except in irregular areas, unless otherwise shown.
2026/WO 378 Special Provisions-43 Revised 02-04-2022
Conformed to Bid Documents
(2) Wearing Course-Construct longitudinal joints at either lane lines or fog lines, or as shown or directed.
See striping plans if part of the Contract Documents for design lane lines and fog lines, as they may be
different from the existing layout.
(b) Drop-Offs:
• Provide warning signs and markings according to Section 00225 where abrupt or sloped edge drop-offs 1
inch or more in height occur.
• Protect edges from being broken down.
If unable to complete the Pavement without drop-offs according to 00744.46(c)do the following:
• Construct and maintain a wedge of ACP at a Slope of 1 V:10H or flatter along the exposed longitudinal
joint.
• Remove and dispose of the wedge before continuing paving operations.
• Construct, maintain, remove,and dispose of the temporary wedge at no additional cost to the Agency.
ACP for the temporary wedge will be paid for at the Pay Item price.
(c) Placing Under Traffic-When placing ACP Pavement under traffic, schedule Work for the nominal thickness
being laid as follows:
(1) More Than 2 Inches-Schedule Work so at the end of each working shift the full width of the area being
paved, including Shoulders, is completed to the same elevation with no longitudinal drop-offs, unless
approved.
(2) Less Than or Equal to 2 Inches-Schedule Work so that at the end of each working shift one Panel of
new travel lane Pavement does not extend beyond the adjoining Panel of new travel lane Pavement more
than the distance normally covered by each shift. At the end of each week complete the full width of the area
to be paved, including Shoulders,to the same elevation with no longitudinal drop-offs.
00744.47 Transverse Joints:
(a) Travel Lanes-Construct transverse joints on the travel lane portion of all specified Pavement Courses,
except Leveling Courses, as follows:
(1) Temporary End Panel-Maintain Pavement depth, line and grade at least 4 feet beyond the selected
transverse joint location,and from that point,wedge down on the appropriate Slope until the top of the Course
being laid meets the underlying surface(assuming a Pavement Course thickness of 2 inches)as follows:
• For wedges that will be under traffic for less than 24 hours,construct an 8 foot long wedge(1V:50H taper
rate).
• For wedges that will be under traffic for 24 hours or longer, construct a 25 foot long wedge(1V:160H
taper rate).
• Construct, maintain, remove,and dispose of the temporary wedge at no additional cost to the Agency.
ACP for the temporary wedge will be paid for at the Pay Item price.
When the Pavement Course thickness is different than the above 2 inch example, use the appropriate taper rate
to compute the length of the wedge. The wedge length plus the 4 feet or longer Panel form the temporary end
Panel.
(2) Vertical Face-After the mixture has reached the required density:
• Provide a smooth,vertical face the full depth of the Course being laid at the location selected for the joint
by sawing, cutting or other approved method.
• Remove the ACP material from the joint to the end of the Panel. If removed before resuming paving
beyond the joint, reconstruct the temporary end Panel immediately by placing a bond-breaker of paper,
dust,or other suitable material against the vertical face and on the surface to be occupied by the
2026/WO 378 Special Provisions-44 Revised 02-04-2022
Conformed to Bid Documents
temporary end Panel. Construct a full-depth Panel at least 4 feet long, beginning at the sawed or cut
joint, and taper it on a 1V:50H Slope to zero thickness.
(3) Excess Asphalt Concrete Pavement-After completing a temporary end Panel as specified, dispose of
unused, remaining ACP as directed. Payment will be made for the entire load of ACP, but will be limited to only
one load for each joint of each Panel.
(4) Resume Paving-When permanent paving resumes, remove the temporary end Panel and any bond-
breakers. Clean the surface of all debris and apply a tack coat to the vertical edge and the surface to be paved.
(5) Joint Requirements-Compact both sides of the joint to the specified density. When tested with a
straightedge placed across the joint,the joint surface shall conform to 00744.70.
(b) Abutting Bridge Ends-Compact the ACP abutting bridge ends and other rigid type
Structures in the longitudinal direction and either transverse or diagonal direction, as directed.
(c) Bridge Deck Overlays-Saw cut the wearing Course of Pavement directly over the joints in bridge decks,
bridge end joints and end Panel end joints as soon as practical but within 48 hours of paving each stage of the
wearing Course, unless otherwise directed. Saw cut a 3/8 inch wide, ± 1/8 inch, by 1/2 inch less than the
thickness of the Panel of Pavement depth or 1 1/2 inches deep,whichever is less.
Flush the saw cut thoroughly with a high-pressure water stream after the cut has been made. Before the cut dries
out, blow it free of water and debris with compressed air. Fill the joint with a poured filler from the QPL.
00744.49 Asphalt Side Street Connections-Where four or more side street connections are required for a single
collector or arterial street beyond the mainline paving, utilize a second paving machine to pave side street
connections. Do not stop the mainline paver to complete side street connections. Complete side street connections
within two hours of the mainline paving to provide a warm joint between the mainline and side street paving.
Functional classifications for the streets within the project are as follows:
• Bangy Road—Major Arterial
• Kruse Way—Major Arterial
• Douglas Way—Local
• Collins Way—Local
• Hallmark Drive—Local
• Kruse Oaks Drive—Local
00744.50 Compaction-After the ACP has been spread, struck off, and surface irregularities and other defects
remedied, roll it uniformly until compacted to a minimum of 93 percent of MDT. Perform finish rolling and continue
until all roller marks are eliminated. Rollers shall not make sharp turns on the course being compacted and they shall
not be parked on the hot asphalt mixture.
Complete breakdown and intermediate compaction before the ACP temperature drops below 180°F, unless otherwise
directed. When the rolling causes tearing,displacement, cracking or shoving, make necessary changes in
compaction temperature,type of compaction equipment, and rolling procedures.
Determine compliance with density Specifications by random testing of the compacted surface with calibrated nuclear
gauges. Determine the density by averaging QC tests performed by a CDT with the nuclear gauge operated in the
backscatter mode according to AASHTO T 335 at one random location for each 100 tons of asphalt concrete placed,
but take no less than 10 tests each shift. Do not locate the center of a density test less than 1 foot from the Panel
edge. Calculate MDT according to ODOT TM 305. The Engineer may waive compaction testing upon written notice.
Compaction to a specified density will not be required for the following:
2026/WO 378 Special Provisions-45 Revised 02-04-2022
Conformed to Bid Documents
• Thin Pavements-Leveling, patches,or where the nominal compacted thickness of a Course of ACP will be
less than 2 inches.
• Other Areas-Temporary Surfacing, guardrail flares, mailbox turnouts, road approaches, and areas of
restricted width of less than 8 feet wide or limited length, regardless of thickness.
Compact thin Pavements and other areas according to 00749.45.
Any displacement of any course, regardless of thickness, occurring as a result of the reversing of the direction of a
roller, or from other caused, shall be corrected at once by the use of rakes and addition of fresh mixture when
required.
The Contractor shall notify the Engineer/Inspector immediately when the average density does not meet 93%or
exceeds 95%. An investigation will be initiated to determine if the results indicate that a problem with the mix is
developing before laying any more material. Take all actions necessary to resolve compaction problems. Do not
resume paving until allowed by the Engineer. Take immediate corrective measures when the specified compaction
density is not being achieved. At the Engineer's discretion, corrective measures may include removing and replace
areas that fail to comply with compaction requirements.
Add the following subsection:
00744.51 Opening Sections to Traffic-Schedule work so that, during the same shift,the surfaces being paved are
paved full width and length through the top Base Course before opening to traffic. Traffic will be allowed on the top
Base Course up to five Calendar Days. Construction equipment and trucks are not allowed on the base lift of paved
streets.
00744.52 Joints-When placing new asphalt concrete adjacent to existing asphalt concrete, in new paving
applications, all joints shall be sealed with a heat-applied rubberized sealant.Tack and sand seal will not be
accepted. Sealant shall conform to ASTM D6690 Type 1 or approved equal.
Maintenance
00744.60 Correction of Defects-Correct all defects in materials and Work, as directed, at no additional cost to the
Agency. Corrective measures required by the Engineer may include removal and replacement of the surface course
within the defective area. Complete all corrective work within 14 calendar days following notification from the
Engineer. After completion of the defective work, if the Engineer finds the work unsatisfactory, perform additional
corrective work on the areas still not meeting the requirements. Correct defects according to the following:
(a) Fouled Surfaces-Repair, clean, and retack fouled surfaces that would prevent full bond between successive
Lifts of mixture.
(b) Boils,Slicks,and Oversized Material- Replace boils, slicks, and oversized materials with fresh mixture.
(c) Segregation -Take corrective measures when segregation or non-uniform surface texture is occurring in the
finished mat. If segregation continues to occur, stop production until a plan for providing uniform surface texture
is approved.
(d) Roller Damage to Surface-Correct surface damage from rollers with additional fresh mixture or by other
approved means.
(e) Longitudinal Joints-Take corrective measures when open longitudinal joints are being constructed or when
the elevation of the two sides of a longitudinal joint does not match. If problems with the longitudinal joint
continue to occur, stop production until a plan for providing tight, equal elevation longitudinal joints is approved.
(f) Other Defects- Remove and replace any ACP that:
2026/WO 378 Special Provisions-46 Revised 02-04-2022
Conformed to Bid Documents
• Is loose, broken, or mixed with dirt.
• Shows visually too much or too little asphalt.
00744.61 Warranty—Provide a one year warranty for all work completed on the project in conformance with the
General Conditions.
Finishing and Cleaning Up
00744.70 Pavement Smoothness- Furnish a 12-foot straightedge. Test with a 12-foot straightedge parallel to and
perpendicular to the centerline, as directed. The Pavement surface shall not vary by more than 1/4 inch. Mark areas
not meeting the surface tolerance. These tolerances shall apply when water valve boxes and other utility
appurtenances can be adjusted during the paving operations.
00744.75 Correction of Pavement Roughness -Correct Equipment or paving operation procedures when tests
show the Pavement smoothness does not comply with 00744.70.
In addition, do the following:
(a) Methods-Correct surface roughness to the required tolerances, using one of the following methods as
approved by the Engineer:
• Remove and replace the wearing surface Lift.
• Profile to a maximum depth of 0.3 inch with abrasive grinders equipped with a cutting head comprised of
multiple diamond blades, and apply an emulsion fog seal as directed.
(b) Time Limit-Complete correction of all surface roughness within 14 Calendar Days following notification,
unless otherwise directed.
00744.76 Cleanup-Clean and remove all excess asphalt, debris and tack from all facilities including but not limited
to manhole covers, valve boxes, catch basins, concrete gutter and curb faces.
Keep a sweeper on site at all times to sweep areas as needed and as directed.
Measurement
00744.80 Measurement-The quantities of ACP will be measured on the weight basis.
No deductions will be made for asphalt cement, mineral filler, lime, anti-strip, or any other additive used in the
mixture.
Payment
00744.90 Payment-The accepted quantities of ACP incorporated into the Project, whether or not recycled Materials
are used, will be paid for at the Contract unit price, per ton,for the item"Level 3 ACP''/2" Mixture
The following will be inserted in the blanks:
• The level of ACP (2 or 3)will be inserted in the first blank.
• The type of ACP(1/2 inch, 3/8 inch, 1/4 inch),will be inserted in the second blank.
• The words"in Leveling", "in Temporary", "in Leveling and Temporary"or"with Fibers"will be inserted in the
third blank when applicable.
Payment will be payment in full for furnishing and placing all Materials, and for furnishing all Equipment, labor, and
Incidentals necessary to complete the Work as specified. Payment includes furnishing and placing temporary asphalt
placed to open the roadway to traffic.
2026/WO 378 Special Provisions-47 Revised 02-04-2022
Conformed to Bid Documents
No separate or additional payment will be made for:
• asphalt cement, mineral filler, lime,and anti-stripping or other additives
• sawing, cleaning, and filling joints on bridge deck overlays
• work completed at night
• ACP reinforcing fibers
• Quality Control Testing
Section 00748—Asphalt Concrete Pavement Repair
Comply with Section 00748 of the Standard Specifications.
Section 00749 -Miscellaneous Asphalt Concrete Structures
Comply with Section 00749 of the Standard Specifications modified as follows:
Add the following subsection:
00749.15 Asphalt Berms-Use a 3/8"dense mix for asphalt berms.
00749.91 Method "A"—Weight and Extras Basis—Add the following pay items to the pay item list:
Pay Item Unit of Measurement
Q) Extra for Spot Grind and Inlays Square Yard
Replace the paragraph that begins, "Item (a)includes...",with the following paragraph:
Item (a)includes road approaches,street connections, driveways, guardrail flares,and mailbox turnouts.
Add the following to the end of this subsection
Item (j)includes spot grind and inlay areas shown, and as marked and adjusted by the Engineer in the field. Areas
are for localized repairs as shown. Areas will be based on a typical grinder width (7 foot maximum). Asphalt
concrete pavement and cold plane pavement removal will be measured and paid for separately.
No separate or additional payment will be made for furnishing and placing all materials, including asphalt concrete
and asphalt tack coat, and for furnishing all equipment, labor, and incidentals necessary to complete the respective
items in place as specified.
Section 00759-Miscellaneous Portland Cement Concrete Structures
Comply with Section 00759 of the Standard Specifications modified as follows:
Add the following subsection:
00759.01 Terminology-According to 00110.05(a),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".
2026/WO 378 Special Provisions-48 Revised 02-04-2022
Conformed to Bid Documents
00759.02 Definitions—Delete this subsection.
00759.03 Required Submittals-Replace this subsection, except for the subsection number and title,with the
following:
Material ordered or Work done before the Engineer reviews and returns the documents shall be at the Contractor's
risk.
Submit the following:
(a) ADA Certification for Contractors- For all supervisory personnel who directly supervise the curb ramp Work,
submit the names, telephone numbers, and copies of the ODOT ADA Certification for Contractors at least 10
Calendar Days before the preplacement conference.
(b) Curb Ramp Work Plan Schedule- Do not begin any curb ramp Work before the plan for completing the Work
has been approved.At least 21 Calendar Days before the curb ramp Work is scheduled to begin, submit a plan for
accomplishing all phases of the curb ramp Work, including but not limited to the following (also see 00180.41):
• Surface preparation
• Compliance with Working Drawings and details submitted under 00759.03(c)
• Compliance with current Standard Drawings and Plans
• Waste handling and disposal
00759.31 Qualifications-Add the following sentence to the end of the paragraph:
Provide onsite supervisory personnel that are ODOT ADA Certified during construction of the curb ramps.
00759.50(a) General-Add the following paragraphs to the end of this subsection:
Install truncated domes as shown. Place according to the manufacturer's recommendation. Install abutting truncated
dome panels with no more than 1/4 inch spacing. Install anchors along cut edges of truncated dome panels according
to manufacturer's recommendations.
In addition,finish concrete surfaces of Structures to be within the established Slopes and dimensions allowed by the
Standard Drawings and Plans. Repair or remove and replace Structures not meeting the Standard Drawings and
Plans at no additional cost to the Agency.
Add the following subsection:
00759.55 Correction of Deficient Structures-Unless otherwise approved, notify the Engineer before performing
corrective action. Correct deficiencies at no additional cost to the Agency. Perform corrective actions as directed,
according to the approved corrective action plan, and according to the following:
Add the following paragraph to the end of this subsection:
After sidewalks are cured and forms are stripped, restore any disturbed adjacent surfacing to prior condition or better.
Restoration work includes but is not limited to the roadway surfacing reconstruction work required to retrofit the
sidewalk curb ramp,fine grading, bark mulch,sod,joint sealant and any other work necessary to match conditions.
Asphalt concrete driveway connections located on private property are addressed under Section 00749.
00759.90 Payment-Add the following paragraphs to the end of this subsection:
No separate or additional payment will be made for providing supervisory personnel who have an active ODOT ADA
Certification for Contractors to directly supervise the curb ramp Work.
2026/WO 378 Special Provisions-49 Revised 02-04-2022
Conformed to Bid Documents
All costs associated with protecting the freshly poured concrete, restoring disturbed
landscaping/mulch/seeding/irrigation and surfacings shall be incidental to the Concrete Walks pay item.
No separate or additional payment will be made for Preplacement Conference, concrete form verification, and
removing, maintaining, reinstalling existing mailboxes.
Removal will be paid for according to 00310. Aggregate base will be paid for according to 00640. Concrete curbs
will be paid for according to 00759.
No separate or additional payment will be made for curb transitions. Payment will be included in payment made for
the appropriate items under which this Work is required.
PART 00800—PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES
Section 00850—Common Provisions For Pavement Markings
Comply with Section 00850 of the Standard Specifications modified as follows:
00850.43 Prepare and Prime Pavement—Add the following to the end of this subsection:
Install pavement markings within ten calendar days of paving operations.
Section 00850—Common Provisions For Pavement Markings
Comply with Section 00850 of the Standard Specifications modified as follows:
00850.43 Prepare and Prime Pavement—Add the following to the end of this subsection:
Install pavement markings within ten calendar days of paving operations.
Section 00855—Pavement Markers
00855.40 Pavement Markers, (b)Surface Preparation,second paragraph- Delete this paragraph in its entirety.
00855.90 Payment—Add the following to the end of this subsection:
No separate or additional payment will be made for removal of existing pavement markers,as stated prior to
completing pavement overlays.
Section 00865—Longitudinal Pavement Markings—Durable
00865.90 Payment—Add the following to the end of this subsection:
2026/WO 378 Special Provisions-50 Revised 02-04-2022
Conformed to Bid Documents
No separate or additional payment will be made for removal of existing longitudinal pavement markings, as stated
prior to completing pavement overlays.
Section 00867—Transverse Pavement Markings—Legends and Bars
00867.45 Installation- Delete the fourth sentence in its entirety and replace with the following:
Apply the following marking material type only:
• Thermo Plastic Type B-Hs
00867.75 Manufacturer Warranty, (b) Failure—Delete fourth bullet and replace with the following:
• Skid Resistance-Markings fail to maintain an average skid resistance greater than or equal to 50 British
Pendulum Number(BPN)when tested in an equal number of test locations in both wheel path and non-
wheel path locations according to ASTM E303.
00867.90 Payment—Add the following to the end of this subsection:
No separate or additional payment will be made for removal of existing longitudinal pavement markings, as stated
prior to completing pavement overlays.
PART 00900—PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS
Section 00905—Removal And Reinstallation Of Existing Signs
Comply with Section 00905 of the Standard Specifications modified as follows:
00905.90 Payment-Add the following to the end of this subsection:
No separate or additional payment will be made for placing Agency provided metal sign supports and footings at
relocated sign locations,as shown in the Plans.
Section 00940—Signs
Comply with Section 00940 of the Standard Specifications modified as follows:
Add the following subsection:
00940.12 Sign Coating-
Furnish all signs on the Project with a shop-applied anti-graffiti coating on both the background and legend sheeting
according to 02910.70, regardless of substrate material.
2026/WO 378 Special Provisions-51 Revised 02-04-2022
Conformed to Bid Documents
00940.40 General-Add the following sentence to the end of the paragraph that begins"Fabricate all
components...":
For signs that require anti-graffiti coating,fabricate all components of each individual sign with sheeting and anti-
graffiti coating from the same supplier to ensure that all components are compatible and are warrantable by the
manufacturer.
00940.47 Sign Erecting-Add the following paragraph to the end of this subsection:
Trim and remove branches,vegetation,or other materials obstructing the visibility of signs by Public Traffic, as
directed.
00940.90 Payment-Add the following paragraphs to the end of this subsection:
Trimming and removal of branches,vegetation, or other materials will be paid for according to 00320.90.
No separate or additional payment will be made for anti-graffiti coating of signs.
Section 00950-Removal Of Electrical Systems
Comply with Section 00950 of the Standard Specifications modified as follows:
00950.02 Definitions- Delete this subsection.
00950.42 Salvaging and Stockpiling Materials-Add the following to the end of this subsection:
All existing traffic signal equipment to be removed that is deemed usable by City of Lake Oswego and Clackamas
County shall be delivered to 17601 Pilkington Road, Lake Oswego, Oregon 97035. Contact the Clackamas County
Inspector,the Engineer and Carl Olson at(503)742-4684,48 hours prior to removal of existing traffic signal
equipment.The Engineer shall inform the Contractor which equipment the Contractor shall deliver to the City and the
location of deliveries are to be received. Equipment damaged or missing during removal shall be replaced or paid for
by the Contractor.
All equipment deemed unusable shall become the property of the Contractor and be removed from the project site.
Section 00960—Common Provisions For Electrical Systems
Comply with Section 00960 of the Standard Specifications modified as follows:
00960.02 Equipment List and Drawing Submittals—Replace this subsection with the following subsection:
00960.02 Equipment List and Drawing Submittals—Within 30 Calendar Days after execution of the Contract,
submit electronic PDF copies of the Blue Sheets (see 00160.00 and 001607.07)and the Green Sheets(see
00160.00 and 00160.07)according to 00150.37 for all materials the Contractor proposes to install. Refer to 00990 for
exemptions to the Blue Sheets and Green Sheets on Clackamas County operated traffic signals.
Within 14 Calendar Days after receipt of submittals,the Engineer will review the submittals and designate them in
writing as"review"or"reviewed with comments".Then within the follow 7 Calendar Days after the Engineer review,
Clackamas County Traffic staff will review the submittals and designate them in writing"approved", "approved as
noted", or"revise and resubmit". Do not proceed with the Work before receiving written approval of the submittals
from the Engineer and Clackamas County.
2026/WO 378 Special Provisions-52 Revised 02-04-2022
Conformed to Bid Documents
00960.10 Materials—Add the following to the end of this subsection:
Use only Schedule 80 PVC conduits and fittings for all underground conduits.
Add the following subsection:
00960.11 Coating- Prepare and black powder coat equipment where shown according to the applicable portions of
Section 00593. Do not coat equipment fabricated of aluminum, stainless steel, or hot-dipped galvanized material,
except as shown or specified.
Provide the following colors:
Item SAE AMS-STD-595
Color Number
Pedestrian pedestals, pushbutton posts, caps,
frangible bases, and other associated equipment. 27038
00960.30 Licensed Electricians- Replace this subsection, except for the subsection number and title,with the
following:
According to the Oregon Administrative Rule 918-282-0120(1), no person or Entity shall allow any individual to
perform electrical work for which the individual is not properly registered or licensed. Every person who installs
electrical systems on the Project shall submit a copy of their electrical license or apprentice registration to the
Engineer prior to performing any Work. They must be licensed as an S or a J under Oregon Administrative Rule 918-
282-0140 or 918-282-0170.
00960.43 Foundations—Add the following to the end of this subsection.
Separate the aluminum from the concrete with one layer of 30 pound nonperforated, asphalt-saturated felt. Neatly
trim the felt pad to the size and shape of the base contact surface.
Section 00962—Metal Illumination And Traffic Signal Supports
Comply with Section 00962 of the Standard Specifications modified as follows:
00962.10 Materials-Add the following to the end of this subsection:
For pedestrian pedestals, pushbutton posts, caps,frangible bases, and other associated equipment, provide a
topcoat color of semi-gloss black that matches SAE AMS-STD-595 color#27038.
00962.46(j)(3) Bolt Inspection—Delete this subsection.
00962.48 Coating-Replace this subsection, except for the subsection number and title,with the following
Prepare and powder coat supports according to the applicable portions of Section 00593. Provide coating materials
for field application, repairing damaged coatings, and coating hardware after installation, according to Section 00593.
Do not coat:
• Slip plate or arm connection surfaces.
• Slip base bolting hardware.
• Anchor rods, anchor rod washers, and anchor rod nuts.
2026/WO 378 Special Provisions-53 Revised 02-04-2022
Conformed to Bid Documents
Section 00990—Traffic Signals
Comply with Section 00990 of the Standard Specifications modified as follows:
00990.00 Scope-Replace this subsection, except for the subsection number and title,with the following:
In addition to requirements of Section 00960 and Section 00962, install traffic signals, ramp meters,flashing beacons,
interconnect systems, and automatic traffic recorders according to the following Specifications.
Add the following subsection:
00990.10 Materials- Furnish backer rod materials meeting the requirements of 02440.14. Furnish hot-melt loop
sealant from the QPL.
00990.13 Traffic Signal Circuits
All high-voltage wiring smaller than#10 AWG shall be IMSA 19-1 cable.
The#14 AWG, multi-conductor cables ran for traffic signal circuits will conform to IMSA Specification 19-1. Color
coding of the conductors will be as follows:
2026/WO 378 Special Provisions-54 Revised 02-04-2022
Conformed to Bid Documents
Traffic Signal Color Code
Clackamas County, Oregon
#14 AWG IMSA 19-1 Traffic Signal Cable
Mast Arms Only
Function 20 Conductor 10 Conductor 7 Conductor 5 Conductor 4 Conductor
(Phase) [Feed] [Branch] [Branch] [Branch] [Branch]
a
Phase Red Red Red Red Red Red
N
c
Phase Yellow Orange Orange Orange Orange Orange
Phase Green Green Green Green Green Green
a
Phase Red Red/Black Red/Black Red Red Red
N
in Phase Yellow Orange/Black Orange Orange Orange Black
0
-o
in
Phase Green Green/Black Green/Black Green Green Green
Phase Red Red/Black White/Black White/Black Red Red
c
-,c.
Phase Yellow White/Red Black Black Orange Black
J
Phase Green Black/White Blue Green Green Green
Phase Red Red/Green White/Black White/Black Red Red
a
—°` Yellow/Flashing
45> Yellow Arrow Orange/Red Black Black Orange Black
0
Phase Green Blue/Red Blue Blue Green Green
II 2 Phase Don't Red/White Red Red Red -
65 Walk
c
as Phase Walk Green/White Green Green Green
2Don'taWalk Black Red/Black Red Red -
a Phase
a Blue/White Green/Black Green Green -
cn Walk
c Common White/Black White/Black White/Black Orange -
0
m Main Blue Blue Blue Black -
Street Phase
m
a Side Blue/Black Black Black Black -
Street Phase
Spare White - - - -
AC Common Spare White
(Branch Only)
00990.30 Video/Radar Detector Manufacturer's Representative-Replace this subsection, except for the
subsection number and title,with the following:
2026/WO 378 Special Provisions-55 Revised 02-04-2022
Conformed to Bid Documents
When video/radar detection is shown, provide the services of a manufacturer's representative on-site within 1 week in
advance of the anticipated electrical installation completion date to set-up devices with Agency electrical crew
present.
Add the following subsection:
00990.40 Work in Existing Controller Cabinets-Install new field wiring as shown into the existing controller
cabinet without terminating.
New control equipment installed as shown in an existing controller cabinet will be tested prior to installation according
to 00990.70.
At existing controller cabinets the Agency will be responsible for:
• Storage, delivery, installation, and activation of new control equipment
• Any required modifications to existing control equipment or existing field wiring terminations
• Terminating new field wiring
Prior to the anticipated installation of new control equipment, modification of existing control equipment, or
modification of existing field wiring terminations, schedule field testing according to 00990.71 Field testing and
activation of the new control equipment or modifications will occur within the same work shift. Be present at the
Project Site during field testing.
Add the following subsection:
00990.41 Inductive Loop Detectors:
(a) General- Do not begin saw cutting until the loop layout has been inspected by the Engineer.
Do not place wire in saw cuts until the cuts have been inspected by the Engineer.
(b) Saw Cut and Wire Installation-Saw cut in a manner that is the most practicable, direct line between loops
and junction boxes.
Immediately after saw cutting and before the cuttings dry, thoroughly flush each cut with a high-pressure water
stream. Before the cuts dry, blow cuts free of water, debris, rock, and grit with compressed air. Slots may also be
cleaned by means of a high-pressure water injection/vacuum extraction system. Remove rocks or other material
that may be wedged in the cut. Remove and dispose of all cuttings according to 00290.20.
Dry cuts before placing wire.
After the saw cut is cleaned of debris, place the loop wire by pushing it into the slot with a blunt nonmetallic object.
Use care to avoid damaging the insulation.
(c) Sealant- Install the sealant in slots according to the manufacturer's instructions. Furnish a copy of the
manufacturer's specifications including application procedures.The Engineer may order a test run of any application
method or material before filling saw cuts.
In order to prevent heat damage to the insulation, do not allow the temperature of the sealant to exceed 410°F
during application. Install hot-melt sealants in layers to prevent damage to wire insulation.Allow each layer to cool
before the next layer is installed. Do not use water to accelerate cooling.
Sealants that crack or pull away from the saw cuts after curing will be rejected.
(d) Resistance and Continuity Testing-The resistance to ground of the loop and loop feeder combinations,shall
be 500 M52 or greater when checked at the following conditions:
• Before splicing and sealing-continuity test
2026/WO 378 Special Provisions-56 Revised 02-04-2022
Conformed to Bid Documents
• Before splicing after sealing -resistance test
• After splicing and sealing-resistance test
Furnish a report of the resistance and continuity results for each loop at each testing condition.
Add the following subsection:
00990.42(a) Loop Feeder Cables—When terminating loop feeder cable inside the controller cabinet, do not remove
the outside jacket and shield more than 6 inches from the end of the cable. Crimp lugs used for loop wire field
terminals may be insulated or non-insulated. Terminate loop feeder shield drain wire to the cabinet input panel
grounding bus nearest the feeder wire termination point.
Add the following subsection:
00990.45 Repair Open Holes In Metal Poles, Pedestals,and Mast Arms—Repair holes in metal poles, pedestals,
and mast arms caused by removal of equipment using pipe plugs. For holes larger than 1 inch in diameter or of
irregular shape, submit method and materials to be used.
00990.50 Signal Covers-Add the following paragraph to the end of this subsection:
Signal covers may be omitted for flashing beacon bid items.
00990.70 Testing and Turn-On -Replace this subsection with the following subsection:
00990.70 Chamber Testing -This Work includes testing Equipment that requires chamber testing.
(a) Equipment Requiring Chamber Testing-The following Equipment will be tested by the Agency before being
installed:
• Power supplies
• Input devices
• Output devices
• Auxiliary Equipment in the controller cabinet
• Other Equipment required for the operation of the installation
• Video/radar/hybrid detection systems
• Equipment listed as"chamber tested"on the green sheets
Any cost associated with testing the control equipment will be the responsibility of the Contractor.
The Equipment will be tested in three categories: physical,functional, and environmental as specified in the Standard
Specification for Microcomputer Signal Controller.
(b) Equipment Failure-An Equipment failure is any occurrence that results in non_specified operation of the
Equipment.
Notification of any Equipment failures will be provided. If any Equipment failures are documented,the Contractor shall
coordinate with City of Lake Oswego and Clackamas County to replace Equipment and commence testing of new
Equipment.
(c) Equipment Rejection -The Equipment will be rejected under the following conditions:
(1) Twice Fail-The Equipment fails twice in the same testing category.
Rejected Equipment will not be accepted for testing or installation on any subsequent project within the State of
Oregon.
2026/WO 378 Special Provisions-57 Revised 02-04-2022
Conformed to Bid Documents
(d) Equipment Acceptance-Equipment that successfully passes the chamber testing procedure will be certified by
the Agency as acceptable for installation.Acceptability for installation does not guarantee final acceptance of the
completed installation.
The successful completion of the testing does not relieve the Contractor of the responsibility to furnish a complete
working electrical installation at the time the Equipment is placed in operation.
The Contractor will be notified when the testing has been completed. Pick-up the video/radar/hybrid detection
systems at the test facility or as directed by the Engineer.
(e) Controller Cabinet Control Equipment Installation-Be responsible for pick-up and installation of the
video/radar/hybrid detection systems.
The Contractor will be responsible for pick-up and installation of the Equipment.
Equipment that the Contractor is to install will be stored at Lake Oswego Public Works.
Add the following subsection:
00990.71 Field Testing- Field testing of electrical installations will be performed by Agency electrical crews. Notify
the Engineer one week in advance of the anticipated electrical installation completion date.
Field testing will be performed within one week following the date of completion.The Engineer will notify the
Contractor of the test results.
Information on Agency field testing procedures is available from the Engineer.
Add the following subsection:
00990.72 Turn-on-This Work includes turning on completed electrical installations.
(a) General-The Engineer will establish the date and time the electrical installation is to be turned on.The Agency
will turn on the electrical installation within one week after completion of corrections identified during field testing.
Be present at the Project Site the date of the turn-on,for the duration of the turn-on process.
After electrical installations are turned on and operating as designed,the agency responsible for maintenance will
assume operation and maintenance of the electrical installation.Turn-on does not constitute final approval.The
Contractor is still obligated to finish any incomplete portion of the electrical installation and correct problems with
workmanship or replace material that does not meet Specifications.After turn-on, damage to the electrical installation
caused by conditions beyond the Contractor's control will be the responsibility of the maintaining agency.
(b) For Traffic Signals-The Agency will be responsible for providing operating software and timing parameters for
traffic signals. Do not turn on electrical installations without the Agency provided timing parameters.
PART 01000—RIGHT OF WAY DEVELOPMENT AND CONTROL
Section 01030 -Seeding
Comply with Section 01030 of the Standard Specifications modified as follows:
01030.80 Measurement-Add the following to the end of this subsection:
2026/WO 378 Special Provisions-58 Revised 02-04-2022
Conformed to Bid Documents
01030.80 Measurement—Replace this subsection, except for the subsection number and title,with the following:
No measurement of quantities will be made for seeding work.
01030.90 Payment—Replace this subsection, except for the subsection number and title,with the following:
No separate or additional payment will be made for seeding as this work is considered incidental.
Section 01040-Planting
Comply with Section 01040 of the Standard Specifications modified as follows:
01040.90 Payment—Replace this subsection, except for the subsection number and title,with the following:
No separate or additional payment will be made for plantings as this work is considered incidental.
Section 01070—Mailbox Supports
Comply with Section 01070 of the Standard Specifications modified as follows:
01070.00 Scope-Add the following paragraph to the end of this subsection:
This Work includes removing, maintaining, and reinstalling existing mailboxes and existing supports.
01070.80 Measurement-Add the following paragraph to the end of this subsection:
The quantities of mailboxes and supports removed, maintained, and reinstalled will be measured on the unit basis,
regardless of type, installed in permanent locations.
01070.90 Payment-Add the following Pay Item to the Pay Item list:
Pay Item Unit of Measurement
(d) Mailbox Relocation Each
Item (d)includes removing mailboxes and supports, maintaining them at temporary locations, and reinstalling them at
their permanent locations as shown on the plans.
Section 01095—Site Furnishings
Section 01095,which is not a Standard Specification, is included in this Project by Special Provision.
Description
01095.00 Scope-This Work consists of constructing site furnishings such as benches, picnic tables, litter
receptacles, bicycle racks, and other furnishings as shown or directed.
2026/WO 378 Special Provisions-59 Revised 02-04-2022
Conformed to Bid Documents
Construction
01095.40 General- Install all site furnishings as shown and according to the manufacturer's recommendations.
01095.41 Coating—Add this subsection,with the following:
Prepare and powder coat bicycle racks semi-gloss black. SAE AMS-STD-595 color number 27038.
Measurement
01095.80 Measurement-The quantities of site furnishings will be measured on the unit basis.
Payment
01095.90 Payment-The accepted quantities of site furnishings will be paid for at the Contract unit price, per unit of
measurement,for the following item:
Pay Item Unit of Measurement
(d) Bicycle Racks Each
Payment will be payment in full for furnishing and placing all Materials, and for furnishing all Equipment, labor,and
Incidentals necessary to complete the Work as specified.The related crosswalk closure sign is paid for under 00940.
PART 01100—WATER SUPPLY SYSTEMS
Section 01140—Potable Water Pipe and Fittings
Comply with Section 01140 of the Standard Specifications modified as follows:
01140.10 Materials—For the material listed as"Detectable Marking Tape and Wire", delete the word "Detectable".
Add the following to the subsection: All materials shall be of domestic manufacture.
01140.41 Laying Pipe, (c) Polyethylene Encasement — Delete the words, "Where shown, lay" and replace with
"Install".
01140.43 Polyethylene Encasement, (a) Installation— In the second and third sentences, replace "2 inch"with "3
inch". After the third sentence,add the following:
Polyethylene tape and primer shall be 3-inch wide,plastic backed, 12 mil black adhesive tape, Polyken No.900-12 with
Polyken 1027 Primer, or approved equal.
01140.47 Connections to Existing Mains, (a) Notifications— In the second sentence, delete "5" and replace with
"7".
01140.47 Connections to Existing Mains, (b) Permission — Delete the second sentence and replace with the
following:
Operation of valve on the City's water system by anyone other than City employees is strictly prohibited. Contractor
shall not open or close valves, or take other actions that may affect the operation of the existing water system, except
as specifically required by the drawings and specifications, and only upon prior approval of the City.
01140.51 Hydrostatic Testing—(a)General—Delete the first sentence and replace with the following:
Test all water mains and appurtenances in accordance with AWWA C600.
2026/WO 378 Special Provisions-60 Revised 02-04-2022
Conformed to Bid Documents
01140.51 Hydrostatic Testing,(a)General,(1)Backfill—In the second sentence,delete the word"time"and replace
with the words"a minimum of 72 hours".
01140.51 Hydrostatic Testing, (a)General, (2)Filling Pipe—
01140.51 Hydrostatic Testing, (a) General, (9) Test Section Length — Delete the last two sentences of the
subsection in their entireties.
01140.51 Hydrostatic Testing, (c)Testing Sections with Hydrants Installed—Delete subsection text in its entirety
and replace with the following:
Test all fire hydrants in accordance with AWWA C600.
01140.51 Hydrostatic Testing, (d) Testing Hydrants Installed on Existing Mains — Delete subsection text in its
entirety and replace with the following:
Test all fire hydrants in accordance with AWWA C600.
Add the following subsection:
001140.65 Temporary Line Stop with Thrust Straddle Block
(a) Description—Provide, install, operate, maintain, and remove temporary line stop systems on existing 8-inch
ductile iron potable water main, including all required thrust straddle blocks, fittings, excavation, restraint,
backfill, and surface restoration necessary to temporarily stop flow for construction activities. Temporary line
stops are for construction sequencing only and are not permanent installations. All work shall be coordinated
with the City of Lake Oswego.
(b) Materials—Provide materials that meet the following requirements:
• Temporary line stop equipment and fittings shall be compatible with 8-inch CL52 ductile iron pipe and rated
for the operating pressure of the City of Lake Oswego potable water system.
• Temporary line stop fittings shall be bolt-on, sleeve style and manufactured by JCM Line Stop Fittings, or
approved equal.
• Thrust straddle blocks shall be designed in accordance with City of Lake Oswego standards and Section
00440.
• Submit line stop procedures, thrust restraint details, and product data for review by the Engineer and the
City of Lake Oswego prior to performing work.
(c) Construction—Perform temporary line stop work as follows:
• Coordinate line stop scheduling and procedures with the City of Lake Oswego.
• Excavate and prepare the existing water main in accordance with approved submittals
• Install thrust straddle blocks prior to initiating line stop operations.
• Perform line stop operations in accordance with manufacturer's recommendations and approved
procedures.
• Maintain positive restraint of the pipeline and prevent movement or damage during pressurized operations.
• Maintain sanitary conditions suitable for potable water systems at all times.
• Restore potable water service upon completion of construction activities.
• Remove temporary line stop equipment unless otherwise directed.
• Backfill excavations and restore surfaces in accordance with applicable sections of the Standard
Specifications.
• Do not initiate line stop operations without prior written approval from the Engineer and the City of Lake
Oswego.
001140.80 Measurement—
In the paragraph that begins with "...quantities of potable water pipe and fittings will be determined..."add the
following item to the ordered list:
2026/WO 378 Special Provisions-61 Revised 02-04-2022
Conformed to Bid Documents
001140.80(e)-Temporary Line Stop with Thrust Straddle Block—The quantity will be measured per Each,
complete and accepted. Each measurement includes a complete line stop installation on one location of existing 8-
inch ductile iron pipe, including associated thrust straddle blocks.
001140.90 Payment—In the paragraph that begins with "...quantities of Work performed under this Section..."add
the following item to the ordered list:
001140.90(o)-Temporary Line Stop with Thrust Straddle Block—Payment will be made at the Contract unit
price, per Each,for
- Temporary Line Stop with Thrust Straddle Block
Payment includes all labor, materials, equipment, coordination with the City of Lake Oswego, potable water
protections, excavation, thrust restraint,operation, removal, backfill, surface restoration, and all incidental work
necessary to complete the item.Temporary line stops and thrust straddle blocks are not incidental to other potable
water pipe items.
Section 01150—Potable Water Valves
01150.40 General, (b)Valve Operator Extensions—Delete the first sentence and replace with the following:
Install a valve operator extension with a Rock guard so that the valve nut operator is located not more than 12 inches
below finished grade.Valve operator extension shall be removable from the surface.
Section 01170—Potable Water Service Connections,2 Inch And Smaller
Comply with Section 01170 of the Standard Specifications modified as follows:
001170.80 Measurement—
In the paragraph that begins with "...The quantities of reconnecting existing services, ..."add the following sentence
to the end of the paragraph:
For this Project only, measurement of the 2 Inch Water Meter Assembly is limited to the installation of the meter box
and the 2 Inch cap installed on the 2 Inch water service connection piping stubbed out inside the meter box.
001170.90 Payment—
In the paragraph that begins with "...Item (f)includes meter when specified,angle meter valve..."add the following
sentence to the end of the paragraph:
For this Project only,the 2 Inch Water Meter Assembly Pay Item shall include installation of the meter box and the 2
Inch cap installed on the 2 Inch water service connection piping stubbed out inside the meter box. It shall not include
the angle meter valve, customer service valve, meter setter,appurtenances or fittings.
2026/WO 378 Special Provisions-62 Revised 02-04-2022
Conformed to Bid Documents
PART 02000—MATERIALS
Section 02030—Supplementary Cementitious Materials
Comply with Section 02030 of the Standard Specifications modified as follows:
002030.15 Natural Pozzolans- Replace this subsection, except for the subsection number and title,with the
following:
Furnish Class N natural pozzolans from the QPL and conforming to AASHTO M 295 or ASTM C1945.
Add the following subsection:
02030.55 Ground Glass Pozzolan -Furnish ground glass pozzolans meeting the requirements of ASTM C1866
Type GS.
Section 02050—Curing Materials
Comply with Section 02050 of the Standard Specifications modified as follows:
02050.10 Liquid Compounds—Replace the paragraph that begins"Furnish liquid membrane-forming curing ..."
with the following:
Furnish liquid membrane-forming curing compounds from the QPL and meeting the requirements of ASTM C309.
Before use, submit two, one quart samples from each lot for testing. Samples will be tested according to
ODOT TM 721. Samples are not required for curing compounds used on Commercial Grade Concrete.
Section 02320-Geosynthetics
Comply with Section 02320 of the Standard Specifications.
Section 02450—Manhole and Inlet Materials
02450.30 Metal Frames, Covers, Grates, and Ladders— Delete the first full paragraph beginning with "Fabricate
steps . . . ".
2026/WO 378 Special Provisions-63 Revised 02-04-2022
Conformed to Bid Documents
Section 02470—Potable Water Pipe Materials
02470.00 Scope—Delete the word "steel"and replace with the word abbreviation "HDPE".
02470.20 Ductile Iron Pipe, (a)General— In the last sentence, delete"Class 50"and replace with "Class 52".
02470.31 High Density Polyethylene (HDPE) Pipe—Delete the second sentence and replace with the following:
Furnish all pipe with an SDR no greater than 11.
02470.50 Polyethylene Encasement—After"AWWA C105"add, "High-Density Cross Laminated (HDCL)type"
02470.60 Marking Tape and Wire, (a) Marking Tape—Delete the second and third sentences, and replace with the
following:
Use 6-inch wide marking tape with a blue background color and made of inert plastic material suitable for direct burial.
The following message shall be imprinted on the tape continuously over its entire length with permanent bold black
letters approximately 2 inched high: "CAUTION BURIED WATER LINE BELOW". Tape shall be manufactured by W.
H. Brady Co., Seton Name Plate Corp., Marking Services, Inc., or approved equal.
Section 02475—Potable Water Fitting Materials
02475.31 High Density Polyethylene (HDPE) Pipe Fittings — Delete the second sentence and replace with the
following:
Furnish all pipe with an SDR no greater than 11.
02475.50 Restrained Joints—Add the following paragraphs:
Restrained joint pipe shall be ductile iron pipe manufactured in accordance with the requirements of ANSI/AWWA
C151/A21.51. Pipe thicknesses shall be designed in accordance with ANSI/AWWA C150/A21.5, but in no case shall
the pipe wall thickness be less than its Class 52 equivalent.
Restrained joint fittings and restraining components shall be ductile iron in accordance with applicable requirements of
ANSI/AWWA C110/A21.10 and/or ANSI/AWWA C153/A21.53. Restrained joints for pipe and fittings shall be designed
for a water pressure of at least 250 psi.
02475.60 Bolted, SleeveType Couplings for Plain-End Pipe—
02475.70 Acceptance - Joint restraint systems shall be U S Pipe "TR FLEX", EBBA Iron "Mega-Lug" or Romac
Industries"Grip Ring", or approved equal. Where pipe field joint restraint is required, restraint shall be U S Pipe"Field
Lok",or approved equal.
Section 02480—Potable Water Valve Materials
02480.20 Gate Valves, (a) Minimum Pressure — In the last sentence, delete the phrase ", and 150 psi for pipe 14
inches to 16 inches in diameter".
02480.20 Gate Valves, (b)Arrangement—Delete this subsection in its entirety.
02480.20 Gate Valves, (c)Valves—Add the following:
2026/WO 378 Special Provisions-64 Revised 02-04-2022
Conformed to Bid Documents
Valves in sizes 3-inch and above shall be of the resilient wedge type(metal-seated valves are not allowed).
02480.25 Valve Boxes—Delete the last two sentences and replace with the following:
Valve boxes shall be installed in accordance with Standard Detail W6-01 —Typical Valve Box.
02480.26 Valve Stem Extensions -Delete the last sentence and replace with the following:
Install a valve operator extension with a Rock guard so that the valve nut operator is located not more than 12 inches
below finished grade.Valve operator extension shall be removable from the surface.
02480.30 Tapping Sleeve and Valve Assemblies, (b)Sleeves—Add the following:
Provide a 3/4-inch test port on the tapping sleeve to allow for pre-tapping testing. Provide a pressure test at not less
than 100 psi. No leakage shall be allowed during the duration of the test which shall be one (1)minute.
02480.80 Acceptance—Tapping sleeve and valve assemblies shall be U.S.Pipe,American Flow Control,or approved
equal.
Section 02485—Hydrant and Appurtenance Materials
02485.60 Tie Rods—Delete this subsection in its entirety.
02485.80 Acceptance — Fire hydrants shall be Waterous (Pacer), Mueller (Super Centurion), Clow (F2500), or
approved equal.
Section 02490—Potable Water Service Connection Materials,2 Inch and Smaller
Delete Section 02490 text in its entirety and replace with the following:
See Water-related Standard Details.
Section 02560 -Fasteners
Comply with Section 02560 of the Standard Specifications modified as follows:
02560.60(a)(1) Method 1 —Replace the paragraph that begins"Continue to tighten the nut until..."with the following:
Continue to tighten the nut until the nut has turned twice the rotation shown in Table 00560-3 of Section 00560 from
its snug-tight position mark for bolt lengths up to 8D (for greater than 8D up to 12D bolt lengths tighten to 1 1/6 turn
from snug-tight).
Section 02910—Sign Materials
Comply with Section 02910 of the Standard Specifications modified as follows:
02910.33 Permanent Legends—Replace this subsection, except for the subsection number and title,with the
following:
(a) General—Permanent legends consist of white retroreflective screened, red retroreflective screened, black
screened or cut-out white retroreflective sheeting. Meet the design of the FHWA Standard Rounded Capital Letter
Alphabets for the letters and numerals of all permanent legends.
2026/WO 378 Special Provisions-65 Revised 02-04-2022
Conformed to Bid Documents
Add following subsection:
02910.50 Digitally Printed Signs,Temporary-Temporary traffic control signs may use digitally printed signs from
an integrated engineered match component system on the QPL and applied to furnished substrate according
to 00222.10(b).
2026/WO 378 Special Provisions-66 Revised 02-04-2022
Conformed to Bid Documents
SUPPLEMENTARY
INFORMATION
Conformed to Bid Documents
ADDENDUM NO. 1
TO THE
REQUEST FOR PROPOSALS
TO PROVIDE CONSTRUCTION SERVICES
FOR
WORK ORDER 378
2026 PAVEMENT REHABILITATION PROJECT
FOR
CITY OF LAKE OSWEGO
LAKE OSWEGO, OREGON
THIS ADDENDUM IS HEREBY MADE A PART OF THE REQUEST FOR PROPOSALS DOCUMENTS TO
THE SAME EXTENT AS THOUGH IT WERE ORIGINALLY INCLUDED THEREIN. ISSUED THIS 15th DAY
OF APRIL 2026.
(IA„.11/4F4s
cEGO1
CITY OF LAKE OSWEGO
380 A AVENUE
PO BOX 369
LAKE OSWEGO, OREGON 97034
Work Order No. 378 Page 1 of 2 Addendum No. 1
Conformed to Bid Documents
1. Please note the following clarifications on the WO 378—2026 Pavement
Rehabilitation plans (Volume 2 of the bid documents).
• On sheet G03, disregard Note 18 in the General Notes section. On sheet D03,
disregard Note 5 in the ADA Notes section. Revised sheets will not be issued for
these minor clarifications.
2. Please note the following clarifications on the WO 347—2024 High Priority Curb
Ramps plans (Volume 3 of the bid documents).
• On sheet G2, replace "2021 ODOT Standard Specifications" with "2024 ODOT
Standard Specifications" in Note 3 of the Traffic Control Notes section. On sheet D1,
replace "Level 2" with "Level 3". Revised sheets will not be issued for these minor
clarifications.
3. Attached are the notes from the Pre-Bid Conference held on April 8th, 2026.
End
Work Order No. 378 Page 2 of 2 Addendum No. 1
Conformed to Bid Documents
0E0
� 2026 AC PAVING
n EngineeringV � Pre-Bid ConferenceAgend
a
.0~
City of Lake Oswego, WO-378
OREGo -'
Date of Conference: Wednesday April 8th, 2026.
Time: 2:00 PM City Hall, Ponderosa room
Project Inspector: Dan Payne. Thomas Benson & Kari Sprenger, City of Lake Oswego
Contractor: TBD
Designer: Consor
Engineer: City of Lake Oswego
The purpose of this meeting is to discuss specific project construction related items. The contractor
and sub-contractors shall construct the project in a safe manner minimizing erosion, neighborhood
impacts, traveling public impacts, and tree disturbance.
1. Introductions.
Mort Anoushiravani, Assistant City Engineer.
Stefan Broadus, Special Projects Project Manager.
Dan Payne, Construction Project Manager.
Kari Sprenger, Construction Inspector
Thomas Benson, LO Head Inspector
Jamie Roberts, Erosion and Sediment Control Coordinator.
Vlad Hubenya, Traffic Control Coordinator
2. Project Work Scope Section 00140:
The scope of work consists of pavement rehabilitation on various streets within Lake Oswego as well as
major upgrades to the existing signalization at five (5) intersections: Kruse Way and Carman Drive,
Kruse Way and Westlake Drive, Kruse Way and Kruse Oaks Drive, Bangy Road and Meadows Road, as
well as Bangy Road and Bonita Road. These improvements will bring these signalized intersections into
current industry standards for detection. This project will also construct about 60 curb ramps bringing
them into compliance with current Americans with Disabilities Act (ADA) requirements. Most of these
are located at intersections within the paving limits.
Work will consist of:
1. Temporary signage for pedestrian and traffic control
2. Replacement of several stormwater catch basins
3. Removal of asphalt concrete (grinding)
4. Construction of asphaltic concrete pavement inlays and overlays
5. Installation of pavement markings
6. Installation and replacement of some water lines
7. Performance of additional and incidental work as called for by specifications and plans.
Page 1 of 5
Conformed to Bid Documents
3. Construction Schedule 00140:
A. We will require a "B" type schedule for this project
B. We will require a Three Week Look Ahead prepared weekly to be presented at weekly
meeting.
4. Public Works Contacts:
A. Streets: Joel Kuhnke (503-880-9001)
Plan on having a Commercial Street Sweeper on call to use especially with respect to driving
on ground pavements prior to AC paving.
B. Water: Craig Smith (503-534-5735)
Rental Hydrant meter from Rosa G. (503.635.0280). City to install services and boxes.
C. Storm: Tyler Townsend (503-807-9925)
5. Erosion Control Section 00280.
Jamie Roberts (503-697-6511)
A. Contain materials from the project to prevent entry into waterway.
B. Permit is required to be applied for: htts://ci.oswego.or/formslf/ErosionControlApp
Preliminary Erosion Control Inspection.
Schedule a preliminary inspection with the City's Erosion Control Coordinator before on-site
work starts.
Final Erosion Control Inspection.
Following Project Completion, remove erosion control items from right-of-way.
Schedule the final erosion control inspection once all onsite work is complete.
6. Survey Requirements Section 00305.
A. Tom Workman, P.L.S. (503-635-0276)
Protect all survey monuments per ORS 209.150. After construction, a registered
land surveyor shall reset all disturbed or destroyed survey monuments per ORS 209.155.
B. The consultant will provide the necessary survey for this project, namely for the ADA
corners.
C. A pre-survey, pre-concrete, pre-ADA meeting will be held for the ADA portion of this project
to include Gen contractor, concrete subcontractor and surveyor.
D. Survey staking will be required for curb ramp construction. The Consultant shall develop
and make all detail surveys necessary for layout and construction. Complete all survey
staking as needed using information contained in the plans and adjusted as necessary to
meet ADA requirements. Surveyed field layout shall be reviewed by the Engineer prior to
demolition and again prior to concrete placement.
Page 2 of 5
Conformed to Bid Documents
7. As-Built Record Drawings.
Clean paper copy or "Red Lines" to review and electronic copy later with station and offsets as
necessary.
8. Traffic Control Plan Section 00240.
Vlad Hubenya, (503-534-5229), CIP Coordinator:
Submit Traffic Control Plan for Review to:
https://apps.lakeoswego.city/Forms/TTCPApplication
Email Traffic Questions to:
traffic@lakeoswego.city
*Pay particular attention to section 00220.40 General Requirements, Lane Restrictions,
Closed lanes -
Allowable work hours and lane closures are as follows: Work on ADA 7am-6pm if working in
dedicated turn lane or thru lane closure, check with Project Manager for specifics.
• Kruse Oaks Drive & Bangy Road (Bonita Road to Burma Road):
o Single lane closure (in either direction) allowed Monday through Friday 9:00am to
3:00pm and Saturday 7:00am to 6:00pm. Day work activities allowed for all other work
except mainline grinding and paving, as allowed. Single lane closure (in either direction)
allowed Monday through Friday 8:00pm to 5:00am and Saturday 8:00pm to 7:00am.
• Bangy Road (Kruse Way to Bonita Road):
o Single lane closure (in either direction) allowed Monday through Friday 9:00am to
3:00pm and Saturday 7:00am to 6:00pm. Day work activities allowed for all other work
except mainline grinding and paving, as allowed. Single lane closure (in either direction)
allowed Monday through Friday 8:00pm to 5:00am and Saturday 8:00pm to 7:00am.
Traffic may be shifted into median to allow closure of two side-by-side lanes. When
shifting lanes into the existing median, provide a flagger at each end of the lane shift.
Night work required for mainline grinding and paving activities. Flaggers are required at
signalized intersections when a Temporary Pedestrian Diversion Plan is implemented to
direct pedestrians through the work area and to activate the pedestrian signal as
necessary.
• Kruse Way Kruse at West Lake—close WB Kruse for ADA work:
o Single lane closure (in either direction) allowed Monday through Friday 9:00am to
3:00pm and Saturday 7:00am to 6:00pm. Day work activities allowed for all other work
except mainline grinding and paving, as allowed. Single lane closure (in either direction)
allowed Monday through Friday 8:00pm to 5:00am and Saturday 8:00pm to 7:00am.
Night work required for mainline grinding and paving activities. Flaggers are required at
signalized intersections when a Temporary Pedestrian Diversion Plan is implemented to
Page 3 of 5
Conformed to Bid Documents
direct pedestrians through the work area and to activate the pedestrian signal as
necessary.
• Hallmark Drive, Collins Way, & Douglas Way:
o Full closure of roadway is allowed. When road closure is in effect, only two of the 3
three streets may be closed at one time and not Douglas Way/Collins Way at the same
time. Hallmark Drive stage closure around 15455 Hallmark Drive driveway to maintain
access.
• Limited Duration Road Closure
Add the following to this section:
Kruse Oaks Drive and Hallmark Drive shall not be fully opened to traffic until top lift paving has
occurred. Kruse Way (westbound right lane only) at Westlake Drive is allowed to be closed for
10 calendar working days.
Hallmark Drive from Collins Way to Mercantile Drive is allowed to be closed for the duration of
waterline installation.
Hallmark Drive, Collins Way, and Douglas are allowed to be closed. Local access must be
maintained for 15455 Hallmark Drive. Only two of these three streets may be closed
simultaneously.
• Typical on-site work hours are 7:00 am to 6:00 pm each workday or as approved, Night work
as authorized by City Engineer.
• Treat school buses like emergency vehicles.
• Contractor will have to produce a Temporary Pedestrian Route Plan for ADA corners. "TPAR"
• Roads that have School Impacts -
9am to 3pm
• The following special events will occur during this Project:
• Events - Add the following to the end of this subsection.
• Sunday Market: Sundays on Hallmark Drive beginning August 2nd, 2026
• Concerts in the Park (Westlake Park): Wednesday Evenings in August
9. Tree Protection Section 00320. There are a couple of tree removals and pruning, the city will
handle getting the appropriate permits for the project.
10. Waterline Work Section 01100: Hallmark will require a new waterline; there will be coordinate
with PW's department: Craig Smith
11. Pavement grinding Section 00620: Grinding at variable depths will be coordinated by LO
Engineer. Be prepared to maintain roadway under traffic.
12. AC Paving: plan on using Level 3 %" ACP on all work and follow section 00744. There will be an
Asphalt Pre-Paving conference prior to AC paving. A asphalt pickup machine or MTV will not be
required for this project.
Page 4 of 5
Conformed to Bid Documents
13. Portland Cement Concrete Structures—Sidewalks, Curb & Gutter and ADA work will be
governed by Section 00759 for this project. This work will be supervised by L0 Engineer and
Project Inspector during all activities to ensure that work does not need to be redone.
14. Pavement Markings Section 00850: all pavement markings will by Thermoplastic, type D, B-HS
with some "Profiled" and some "Non-Profiled"
15. Signals and Pedestrian Systems-Section 00900 & 00960: these activities and Radar set up will
be coordinated with Clackamas County. The city will store and supply and store the new "Radar
Equipment." Five intersections will be converted to Radar, Carman will be % radar N/S and
loops E/W.
DESCRI RI ON: QTY NOTES
iNS-Universal APS, 9x15 R10-3E Reflective Countdown Sign, No Braille, No Cust.Voice 36 iNS23TNO-B
IN3S Ped Head Control Unit(replaces iPHCU3W) 36 IPHCU3S
25'interconnect Cable for IN3 push buttons 36 IN3-Cable-25
Wavetronix Advance 200-E Extended Range SmartSensor 9 WX-SS-200-E
Wavetronix Matrix Stop Bar SmartSensor 18 WX-SS-225
Click 656-6 Sensor Cabinet interface with SDLC output 5 WX-102-0451
19"3U Mounting Shelf and Hardware Kit for Click 656 5 WX-102-0462
80 foot 6 Conductor Matrix/200V Cable w/Connector 27 WX-SS-704-080
Matrix Type 2 Home Run Cable 1 pr#18,2 triads#22 7000 ATP-Matrix 2
Mini 710-Sensor Cable Junction Box w/terminal blocks 27 102-0453(Mini-710)
Sensor Mount-6"2 Axis Aluminum Bracket 27 WX-SS-611
SmartSensor Advance View Finder Aiming Tool 1 WX-360-0283
5'SDLC Cable-2070(25 pin screw)to Click 650(15 pin Spring clip) 5 WS-SDLC-2070-650
Page 5 of 5
Conformed to Bid Documents
ADDENDUM NO. 2
TO THE
REQUEST FOR PROPOSALS
TO PROVIDE CONSTRUCTION SERVICES
FOR
WORK ORDER 378
2026 PAVEMENT REHABILITATION PROJECT
FOR
CITY OF LAKE OSWEGO
LAKE OSWEGO, OREGON
THIS ADDENDUM IS HEREBY MADE A PART OF THE REQUEST FOR PROPOSALS DOCUMENTS TO
THE SAME EXTENT AS THOUGH IT WERE ORIGINALLY INCLUDED THEREIN. ISSUED THIS 17th DAY
OF APRIL 2026.
(IA„.11/4F4s
cEGO1
CITY OF LAKE OSWEGO
380 A AVENUE
PO BOX 369
LAKE OSWEGO, OREGON 97034
Work Order No. 378 Page 1 of 2 Addendum No. 2
Conformed to Bid Documents
1. The project includes four (4) trees to be removed by the Contractor; three (3) for WO 378
and one (1) for WO 347. The bid table for WO 378 does not include an item for clearing and
grubbing. Please include all costs to remove these four (4) trees in bid item number 6—
Clearing and Grubbing in the WO 347 Bid Schedule. The four (4) trees to be removed by the
Contractor are located at:
• WO 347—Sheet 13 —Country Club Road &Verte Court
• WO 378—Sheet C14— Hallmark Drive. Revise Note 19 that calls for this tree to be
protected to instead call for it to be removed.
• WO 378—Sheet C09— Kruse Way and Carman Drive. Two (2) trees are called for
removal behind the proposed curb ramps on the NE corner. Replace note 53 pointing to
these two trees with note 58.
End
Work Order No. 378 Page 2 of 2 Addendum No. 2