CONTRACT & BID DOCUMENTS & TECHNICAL SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

Transcription

1 CONTRACT & BID DOCUMENTS & TECHNICAL SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION City Project Number: Project Name: INTERSTATE 5 SANITARY SEWER CONSTRUCTION Project Location: 2585 EAST MAIN STREET, ASHLAND OR Project Type: SANITARY SEWER CONSTRUCTION Project Duration: 60 DAYS Pre-Bid Conference: DECEMBER 20, 2007 Proposals Due by: JANUARY 3, 2007 Submit Questions & Bid Proposals to: JAMES H. OLSON, CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET (mail) 51 WINBURN WAY(delivery) ASHLAND OR / (voice) 541/ (fax)

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3 Page 3 TABLE OF CONTENTS PAGE PART I BID & CONTRACT DOCUMENTS 7-29 Advertisement for Bids Proposal & Bid Schedule Bid Bond Performance & Payment Bond Certification of Representation Contract Form GENERAL REQUIREMENTS, PART SP110 Organization, Conventions, Abbreviations, and Definitions SP120 Bidding Requirements and Procedures SP130 Award and Execution of Contract SP140 Scope of Work SP150 Control of Work & Valdez Principles SP160 Source of Materials SP165 Quality of Materials SP170 Legal Relations and Responsibilities SP180 Prosecution and Progress SP190 Measurement of Pay Quantities SP195 Payment SP196 Payment for Extra Work SP197 Payment for Force Account Work SP199 Disagreements, Protests and Claims PART II TECHNICAL SPECIFICATIONS TEMPORARY FEATURES AND APPURTENANCES SP210 Mobilization SP225 Work Zone Traffic Control SP280 Erosion and Sediment Control SP290 Environmental Protection ROADWORK SP310 Removal of Structures and Obstructions SP320 Clearing and Grubbing SP330 Earthwork DRAINAGE AND SEWERS SP405 Trench Excavation, Bedding, & Backfill SP440 Commercial Grade Concrete SP442 Controlled Low Strength Materials SP445 Sanitary, Storm, Culvert, Siphon, & Irrigation Pipe SP470 Manholes, Catch Basins, and Inlets SP490 Work on Existing Sewers and Structures BRIDGES SP510 Structure Excavation and Backfill SP550 Precast Prestressed Concrete Members SP570 Timber Structures BASES SP641 Aggregate Subbase, Base, and Shoulders

4 Page 4 RIGHT OF WAY DEVELOPMENT & CONTROL SP1040 Planting SP1050 Fences MATERIALS SP2001 Concrete SP2320 Geosynthetics SP2410 Concrete and Plastic Pipe SP2630 Base Aggregate SP2690 PCC Aggregate Appendix A, ODOT Permit to Occupy or Perform Operations +Upon A State Highway PART III PLANS BOUND SEPARATELY Project Plans Half Scale Project Plans Full Scale Available upon request Attached

5 Page 5 FOREWARD The documents and forms which are attached, or for which provisions are made, must be used in submitting proposals for the Interstate 5 Sanitary Sewer Construction for the City of Ashland, Oregon, as covered by the Oregon Standard Specifications for Construction, 2002 Oregon Department of Transportation and American Public Works Association, Oregon Chapter and other appurtenant specifications where indicated. These bid and contract documents, specifications, and plans, although bound separately, are made a part of the complete document with the same force and effect as though all parts and plans referred to were under one binding. Should addenda to the specifications become necessary and be issued prior to the date of receiving bids, they shall be deemed a part of the Special Provisions. This project is funded with a combination of State and City money.

6 Page 6 PART I BID & CONTRACT DOCUMENTS

7 Page 7 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ASHLAND, OREGON ADVERTISEMENT FOR BIDS Sealed proposals addressed to the City of Ashland, Oregon, and endorsed the Interstate 5 Sanitary Sewer Project will be received at the Siskiyou Conference Room located at 51 Winburn Way (mailing address: 20 E. Main Street, Ashland OR 97520), until 1:30 PM on January 3, 2008, at which time proposals will be publicly opened and read. If the total amount of the contract exceeds $75,000, the award of the contract must be approved by the Local Contract Review Board. A contract for work will be awarded or bids may be rejected, separately or entirely, within thirty (30) days after opening. The project duration is 60 days from Notice to Proceed issuance. The work shall consist of supplying all labor, equipment, and materials necessary to construct improvements including but not limited to the following approximate quantities for major work items: 16 Inch Ductile Iron Sewer Pipe 287 LF 48 Inch Sanitary Sewer Manholes 1 Each Fencing 136 LF 14 Foot Gate 1 Each ¾ -0 Aggregate Base 540 Tons Place Bridge Footings 1 Each (Item provided by City) Place Bridge Decks 1 Each (Item provided by City) Plans, specifications and documents may be examined at: 1. City Engineering Office City of Ashland 51 Winburn Way 20 E Main Street (mailing Address) Ashland OR / Medford Builders Exchange 305 N Bartlett Medford OR / Grants Pass Builders Exchange 910-B SW 6 th Street Grants Pass OR / Klamath Builders Exchange 725 Main Street Room 214 Klamath Falls OR / Daily Journal of Commerce Plan Center 2840 NW 35 th Avenue Portland, OR / / FAX

8 Page 8 A non-mandatory pre-bid conference will be held at the Community Development Building, Siskiyou Conference Room, 51 Winburn Way, Ashland, Oregon at 1:30 PM, December, 20, All bidders are encouraged to attend this meeting. Copies of the plans and specifications may be obtained at the City Engineering Office, 51 Winburn Way, Ashland Oregon. No bid shall be received or considered unless the bidder is registered with the Construction Contractor s Board. The Oregon Standard Specifications for Construction, 2002 shall apply to work done under this contract. Copies of the Standard Specifications are available from: ODOT Contractor Plans Office Room 28 Transportation Building 355 Capitol Street NE Salem OR Standard Specifications may also be downloaded from the ODOT Web Site: Bidders shall pre-qualify as provided by ORS Chapter 279C.430 and in accordance with the Standard Specifications for Public Works Construction, Oregon Chapter of APWA. Pre-qualification applications must be received by the City of Ashland at least five days prior to the opening of the bids. Contractor or Sub-Contractor do not need to be licensed under ORS 468A.720 (No asbestos removal). All projects in excess of $50, require the Contractor to pay prevailing wage rates. No bid shall be considered unless the bid contains a statement by the bidder as a part of the bid that the provisions of ORS 279C.800 through 279C.870 Prevailing Wage Rates will be complied with. All projects require the Contractor to provide a Performance bond and a Payment bond, each equal to the total amount of the contract. In addition, the Contractor is required to pay a fee to the Commissioner of the Bureau of Labor and Industries pursuant to the provisions of ORS 279C.825 and the administrative rule of the commissioner. The fee is one-tenth of one percent of the price of this Contract, but not less than $100 nor more than $5,000, regardless of the Contract price. Contractor is required to read the ORS 279 subchapter A and ORS 279 subchapter C. Contractor is also required to read City of Ashland s Public Contracting rules as found in the Ashland Municipal Code, Chapter 2.50, Public Contracts. All public contracts that exceed $75,000 must be approved by the Local Contract Review Board (i.e. City Council) prior to award. Contractors awarded a contract must provide proof of required insurance (as required in the City s contract form) at the time of the execution of the contract. A contract is not accepted unless such proof of insurance is provided.

9 Page 9 The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. By Order of the City Council Ashland, Oregon James H. Olson, PLS Interim Public Works Director

10 Page 10 PROPOSAL Mayor & City Council Ashland, Oregon The undersigned bidder declares that the bidder has received, read and understood all bid documents; received, read and understood all addenda; the bidder has taken no exceptions other than those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees) for retaining a replacement bidder if the undersigned bidder is awarded the contract but refuses to sign the contract; the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions: 1. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of extra work for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned s own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 2. The undersigned will furnish the bonds required by the specifications and comply with all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which the bidder will perform the work involved. The extensions in the column headed Total are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern.

11 Page The undersigned agrees that the Time of Completion shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after Notice to Proceed has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Subsection of the Special Provisions, for each day the project remains incomplete. 5. The undersigned, as bidder, acknowledges that addenda(s) numbered through have been received by the bidder and have been examined as part of the contract documents. 6. If the proposed bid price will exceed $50, the undersigned, as bidder, acknowledges that provisions of ORS 279C C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. 276a) bidder agrees to comply with the Davis-Bacon Act requirements. 7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing: 7.1 The subcontractor s name and address; 7.2 The subcontractor s Construction Contractor Board registration number, if one is required, and; 7.3 The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate NONE on the form. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. To determine disclosure requirements, the City recommends that you disclose subcontract information for any subcontractor as follows: 1) Determine the lowest possible contract price. That price will be the base bid amount less all alternate deductive bid amounts (exclusive of any options that can only be exercised after contract award). 2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services (i.e., subcontractor s base bid amount plus all alternate additive bid amounts, exclusive of any options that can only be exercised after contract award) are greater than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination (e.g., if a subcontractor will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential amount of subcontractor s services is

12 Page 12 $55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the ($40,000 services). The disclosure should be submitted on the following form:

13 Page 13 City of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR ) INTERSTATE 5 SANITARY SEWER CONSTRUCTION PROJECT Bid Closing Date: JANUARY 3, 2008 NAME OF SUBCONTRACTOR CATEGORY OF WORK DOLLAR VALUE * Attach additional pages if needed.

14 Page 14 BID SCHEDULE INTERSTATE 5 SANITARY SEWER CONSTRUCTION Project No NO DESCRIPTION QTY. UNIT Mobilization and Traffic Control Mobilization for Dollars Lump Sum Temporary Work Zone Traffic Control, Complete (1-5) for Dollars Lump Sum Erosion Control & Sediment Control for Dollars Lump Sum Pollution Control Plan for Dollars Lump Sum Roadwork UNIT PRICE (FIGURES) $ $ $ $ $ $ $ $ AMOUNT Utilities Removal of Structures and Obstructions for Dollars Lump Sum Clearing and Grubbing for Dollars Lump Sum Tree Removal for Dollars 2 EA General Excavation for Dollars 275 CY Subgrade Geotextile for Dollars 1075 SY 16 Inch Ductile Iron Sanitary Sewer Pipe for Dollars 287 LF 48 Inch Concrete Sanitary Sewer Manhole for Dollars 1 EA Connect to Existing Sanitary Sewer Manhole for Dollars 1 EA Bypass Pumping Sanitary Sewer Manhole for Dollars Lump Sum Access Road $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Precast Footings Installation Only for Dollars Lump Sum 18 Inch Precast Prestressed Slabs Installation Only for Dollars Lump Sum Structure Excavation for Dollars Lump Sum $ $ $ $ $ $

15 Page 15 NO DESCRIPTION QTY. UNIT Bridge Work Bases 19 Structural Steel Plate, Furnish and Install for Dollars Lump Sum Pressure Treated Rail, Furnish and Install for Dollars Lump Sum ¾ -0 Aggregate Base for Dollars 540 TON Right-of-Way Development and Control UNIT PRICE (FIGURES) $ $ $ $ $ $ AMOUNT Seedling Trees, Deciduous Bare Root for Dollars 12 EA 14 Foot Single Gate for Dollars 1 EA Removing and Rebuilding Fence for Dollars 136 LF BASE BID TOTAL $ $ $ $ $ $ $

16 Page 16 The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. The Bidder is or is not a resident Bidder as defined in ORS 279A.120. Firm Name of Bidder Signature of Bidder Printed Name of Bidder Official Title State of Incorporation CCB Number Dated this day of Name of Bidder Address Telephone No.

17 Page 17 BID BOND We, the undersigned, as Principal, and as Surety, are held and firmly bound to City of Ashland, Oregon as OWNER, in the penal sum of for the payment of which jointly and severally bind ourselves, our successors, and assigns. Signed this day of, 20. The condition of the above obligation is such that whereas the Principal has submitted to the City of Ashland, Oregon, a certain BID, attached and made a part of this BOND, to enter into a contract in writing, for the proposal of Interstate 5 Sanitary Sewer Construction. NOW, THEREFORE, (a) (b) If this BID shall be rejected, or; If this BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached (properly completed in accordance with the BID) and furnish a BOND for the faithful performance of the contract, and for the payment of all persons performing labor or furnishing materials in connection with the contract, and shall in all respects perform the agreement created by the acceptance of the BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims under this BOND shall, in no event, exceed the penal amount of this obligation as stated. The Surety, for value received, stipulates and agrees that the obligations of the Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and the Surety waives notice of any such extension. (L.S.) Principal Surety By: IMPORTANT Surety companies executing BONDS must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon.

18 Page 18 PERFORMANCE BOND The undersigned, as principal, further referred to in this bond as Contractor, and, as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars ($ ). Contractor and City have entered into a written contract dated, for the following project: Interstate 5 Sanitary Sewer Construction. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor s obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond.

19 Page The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: Bond Agent: Address: Telephone: SIGNED this day of WITNESS: (Corporate Seal) CONTRACTOR: By: Title: Legal Address: Attest: Corporate Secretary WITNESS: (Corporate Seal) SURETY: By: Title: Legal Address: Attest: Corporate Secretary

20 Page 20 PAYMENT BOND The undersigned, as principal, further referred to in this bond as Contractor, and, as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Dollars ($ ). Contractor and City have entered into a written contract dated, for the following project: Interstate 5 Sanitary Sewer Construction. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor s obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond.

21 Page The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number: Bond Agent: Address: Telephone: SIGNED this day of WITNESS: (Corporate Seal) CONTRACTOR: By: Title: Legal Address: Attest: Corporate Secretary WITNESS: (Corporate Seal) SURETY: By: Title: Legal Address: Attest: Corporate Secretary

22 Page 22 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor Date

23 Page 23 CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this day of,, between the City of Ashland, ( City ) and (Contractor ). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Interstate 5 Sanitary Sewer Construction. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor s bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. This contract and attached exhibits constitute the entire agreement between the parties. No waiver, consent, or modification or change of terms of this contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this contract. Contractor, by signature of its authorized representative, hereby acknowledges that he/she has read this contract, understands it, and agrees to be bound by its terms and conditions. 2. Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: 3. Price & Payment: City shall pay Contractor amounts earned under the contract. All payments will be made at the times and in the manner provided in the contract documents. 4. Performance and Payment Bonds: Contractor shall, within five days after execution of the contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of conditioned upon the faithful payment and performance of this contract upon the part of the Contractor as required by ORS 279C Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. 6. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force:

24 Page General Liability. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. 6.2 Worker s Compensation. Worker s compensation insurance in compliance with ORS , which requires subject employers to provide Oregon workers compensation coverage for all their subject workers. 6.3 Automobile Liability. Automobile liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. The City of Ashland, its officers, employees and agents shall be named as additional insureds on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. These certificates shall contain provision that coverage afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. Insuring companies or entities are subject to the City s acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or selfinsurance. 7. Compliance with Law: 7.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and 279C Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in any one week, except for persons who are excluded or exempt from overtime pay under ORS to or under 29 U.S.C. Sections 201 to Contractor is a "subject employer" as defined in ORS and shall comply with ORS Prior to commencing any work, Contractor shall certify to City that Contractor has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer, Contractor shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Contractor's status Any claim, action, suit or proceeding (collectively, the claim ) between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim 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 filed in Jackson County, Oregon. Contractor, by signature herein of its

25 Page 25 authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 8. Default: A default shall occur under any of the following circumstances: 8.1If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors. 8.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner. 8.4 Contractor commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; 8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that it required to perform the Services or to qualify as a QRF; 8.6 Contractor attempts to assign rights in, or delegate duties under the Contract. 9. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to received the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. 10. Termination: 10.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties City s Convenience. This contract may be terminated at any time by City upon 30 days notice in writing and delivered by certified mail or in person For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions:

26 Page 26 a. If City funding from federal, state, county, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; b. 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 or are no longer eligible for the funding proposed for payments authorized by this contract; or c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract for any reason denied, revoked, suspended, or not renewed For Default or Breach. a. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. b. Time is of the essence for Contractor s performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. c. The rights and remedies of City provided in this subsection (10.4) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract Obligation/Liability of Parties: Termination or modification of this contract pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any obligations or liabilities or either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City s fiscal year budget. Contractor understands and agrees that City s payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor.

27 Page Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor & Industries Wage & Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining to prevailing wage rates. 13. Living Wage Rates: If the amount of this contract is $17, or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage - notice predominantly in areas where it will be seen by all employees. 14. Assignment and Subcontracts: Contractor shall not assign this contract without the written consent of City. Any attempted assignment without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. Contractor may not substitute any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written consent of the City, or by following the procedures of ORS 279C.585 and OAR Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction s conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim 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 filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE

28 Page 28 SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 16. Prior Approval Required: Approval of the City of Ashland Council or Public Contracting Officer is required before any work may begin under this contract. CONTRACTOR CITY OF ASHLAND By: Signature By: Lee Tuneberg Finance Director Printed Name Its: REVIEWED AS TO FORM: REVIEWED AS TO CONTENT: By: By: Legal Department Date: Department Head Date: Coding: (For City use only)

29 Page 29 CITY OF ASHLAND Department of Public Works SPECIAL PROVISIONS FOR PART GENERAL REQUIREMENTS The requirements for contract work are contained in the OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2002 Oregon Department of Transportation/ Oregon Chapter APWA, hereinafter referred to as the Standard Specifications. All work performed under this contract shall conform to the Standard Specifications supplemented and/or modified as follows: SECTION ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS Comply with Section of the Standard Specifications, supplemented as follows: Definitions Add the following definition: Construction Contracts Unit The City of Ashland or their designee Use of Metric or Customary ( English ) System Replace this section with the following subsection: Use of Metric or Customary ( English ) System The Project Plans, Project Schedule of Items, and the Contract Documents shall all use English Units. SECTION BIDDING REQUIREMENTS AND PROCEDURES Comply with Section supplemented and/or modified as follows: Prequalification of Bidders Substitute the following: On any proposed Public Works contract estimated at $10,000 or over, all Contractors shall comply with all laws of Oregon pertaining to the qualification of bidders, and particularly ORS 279C.430(2) requiring a pre-qualification application on a form provided by the City of Ashland at least five days before the opening of bids. Prequalification applications are available at 51 Winburn Way, Ashland, OR Requests for Solicitation Documents Substitute the following: Copies of the plans and specifications (Solicitation Documents) may be obtained at the City Engineering Office, located at 51 Winburn Way (mailing address: 20 E. Main St., Ashland, OR 97520). The City will add the name of the entity intending to use the Solicitation Documents to the list of Holders of Bidding Plans. Bidders are cautioned that only Solicitation Documents obtained from the City may be used to submit bids. Plans and specifications may also be examined at the above office.

30 Page 30 Copies of the Standard Specifications may be ordered from the Contractor Plan Office, Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon ; phone (503) The Standard Specifications may also be downloaded from the ODOT s web site: Examination of Work Site and Solicitation Documents; Consideration of Conditions to be encountered Add the following paragraphs: Requests for clarifications specified above should go to: Contractual Questions to: James H. Olson, PLS Interim Public Works Director City of Ashland 51 Winburn Way Ashland, OR (541) Technical Questions to: Brad Barber, PE Project Manager Hardey Engineering & Associates Inc. PO Box 1625 / 2870 Nansen Drive Medford OR / There will be a non-mandatory pre-bid conference to be held at the City of Ashland, Public Works Engineering Siskiyou Conference Room, 51 Winburn Way, Ashland, Oregon, at the Siskiyou Conference Room, 51 Winburn Way, Ashland, at 1:30 PM on December 20 th, All bidders are encouraged to attend this meeting Preparation of Bid: Add the following to subsection (c): Complete all four Bid Schedules for this project. The project will be awarded to the lowest responsive bidder for the bid schedules. Substitute the following subsection (e): (e) Bid Guarantee Each proposal must be accompanied by a certified check or bid bond in an amount equal to five percent (5%) of the total amount of the proposal as guarantee that if awarded the contract, the bidder will execute the contract and give bond as required. The successful bidder s check or bid bond will be retained until the bidder has entered into a satisfactory contract and furnished the one hundred percent (100%) performance bond and the one hundred percent (100%) payment bond.

31 Page 31 If a bid bond is submitted, bidders shall use the Agency s standard Bid Bond form included with the Solicitation Documents. Acceptable Surety companies are limited to those authorized to do business in the State of Oregon. Forfeiture of Bid guarantees is covered by , and return of guarantees is covered by (c) Bid Schedule Entries Replace the paragraph that beings Using figures with the following paragraph: 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 decimals, and shall be expressed in U.S. dollars and cents (for example, $ or $0.37). Bidders 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 (f) Disclosure of First-Tier Subcontractors Disclosures will not be accepted via Submittal of Bids Delete the third paragraph and substitute the following: Sealed proposals for performing the work will be received by the City Engineer, or their representative, at the Engineering Division Offices located at 51 Winburn Way, Ashland, Oregon until 1:30 PM on January 3, 2008, at which time proposals will be publicly opened and read. A contract for the work will be awarded or bids may be rejected, separately or entirely, within thirty days after opening Revision or Withdrawal of Bids Replace the second bulleted item in the first paragraph with the following: Changes are received by the City Engineer s office before time of the bid opening, listed above, on the day of the Bid Opening. Replace the third bulleted item in the second paragraph with the following: The request is received by the City Engineer or her representative at the location specified in the Notice and in subsection of these provisions, prior to the time listed for the Bid Opening Rejection of Non-Responsive Bids Add the following bullets to the end of the bullet list: The Bid contains entries that are not greater than zero

32 Page 32 The Bid contains entries with more than two decimals The Bid entries are not expressed in U.S. dollars and cents SECTION AWARD AND EXECUTION OF CONTRACT Execution of Contract and Bonds (a) By the Bidder Substitute the following for the first paragraph: The successful Bidder shall deliver the required number of Contract Documents, with the properly executed Contract, Performance Bond, Payment Bond, certification of workers compensation coverage, the Certification of Representation, and the required certificates of insurance to the City of Ashland within 10 Calendar Days after the date on which the Contract Documents are sent or otherwise conveyed to the Bidder under The Bidder shall return the originals of all documents received from the City and named in this Subsection, with original signatures. Certificates of insurance shall also be originals. No copies of these documents will be accepted by the City Restrictions on Commencement of Work Replace the paragraph that begins Until the Agency sends with the following paragraph: Until the Agency sends the Contractor written Notice to Proceed with the Work, and the Contractor has filed the public works bonds required in , the Contractor shall not go onto the property on which the Work is to be done, nor move Materials, Equipment or workers onto that property. SECTION SCOPE OF WORK Comply with Section of the Standard Specifications supplemented and/or modified as follows: Cost Reduction Proposals - Delete this subsection in its entirety Final Trimming and Cleanup add the following bulleted items to this subsection: Where private property(s) will be affected by construction, but cannot realistically be restored to its pre-existing condition before the contractor will leave the site, agreement shall be reached with the owners of the property(s) regarding how the site shall be left and the Public Works Inspector shall review the agreement before the excavation or other work begins. Review clean-up of areas adjacent to private property with owners or owner s agents, grade non-landscaped shoulders, parkrows, or unsightly areas caused by the construction to a smooth condition free of sudden transitions, piles, or trip hazards, unless specific objections are raised, contact Public Works Inspector to inspect site and provide direction. Do not negatively impact trees or other adjacent plants.

33 Page 33 Notify affected owners and occupants of adjacent properties of completion of cleanup prior to leaving the site and verify that no other clean-up work remains. Restoration of private properties shall be to the satisfaction of the property owner and may include re-seeding of staging areas. Submit revised permit drawing of installed utility locations if location changed. SECTION CONTROL OF WORK Comply with Section of the Standard Specifications supplemented and/or modified as follows: (a) Order of Precedence Replace this subsection with the following subsection: (a) Order of Precedence The Engineer will resolve any discrepancies between these documents in the following order of precedence: Special Provisions / Permit requirements; Agency-prepared drawings specifically applicable to the Project and bearing the Project title; Reviewed, stamped Working Drawings; Supplemental Specifications Standard Specifications Notes on drawing shall take precedence over drawing details. Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled dimensions Cooperation with Utilities - Replace subsection (b) with the following: There are no known utility conflicts identified on the plans, however the Contractor is advised that the requirements of Subsection (c), (d) and (e) still apply to work done under this contract if conflicts are discovered during the course of the construction Protection and Maintenance of Work During Construction Add the following paragraph: The Contractor shall clean and/or maintain existing streets, buildings, sidewalks, and other adjacent private improvements that are outside the work limits of this project if dirtied or damaged by construction activities. There will be no separate or added payment for this work. This requirement includes compliance with the City s track-out ordinance Responsibility for Materials and Workmanship Add the following subsection: (c) Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, the Contractor shall remedy any defects due thereto and pay for any damage to other work resulting two years from the date of acceptance of the complete building or installation. The City shall give notice of observed defects with reasonable promptness.

34 Page 34 Add the following subsection: Adherence to Valdez Principles: On May 5, 1990, the Ashland City Council adopted the attached Valdez Principles. In addition to the requirements of ORS 279C.525, all contractors working within the City of Ashland shall adhere to the Valdez Principles in the course of their work.

35 Page 35 VALDEZ PRINCIPLES By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direct responsibility for the environment. We believe that we must conduct the public s business as responsible stewards of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that the City must not compromise the ability of future generations to sustain their needs. We recognize this to be a long term commitment to update our practices continually in light of advances in technology and new understandings in health and environmental science. We intend to make consistent, measurable progress toward the ideal that these principles describe, and to apply them wherever we operate, in a manner consistent with our other obligations under law Protection of the Biosphere. We will minimize and strive to eliminate the release of any pollutant that may cause environmental damage to air, water or earth or its inhabitants. We will safeguard habitats in creeks, ponds, wetlands, natural areas and will minimize contributing to global warming, depletion of the ozone layer, acid rain or smog. Sustainable Use of Natural Resources. We will make sustainable use of renewable natural resources, such as water, soils and forests. We will conserve nonrenewable natural resources through efficient use and careful planning., We will protect wildlife habitat, open spaces and wilderness, while preserving biodiversity. Reduction of Disposal of Waste. We will minimize the creation of waste, and wherever possible, recycle materials. We will dispose of all wastes through safe and responsible methods. Wise Use of Energy. We will make every effort to use environmentally safe and sustainable energy sources to meet our needs. We will invest in and promote energy efficiency and conservation in our operations and that of our citizens. Risk Reduction. We will minimize the environmental, health and safety risks to our employees and the communities in which we operate by employing safe technologies and operating procedures and by being constantly prepared for emergencies Safe Products and Service. We will provide services that minimize adverse environmental impacts and that are safe for consumers. We will inform consumers of the environmental impacts of our service. Damage Compensation. We will take responsibility for any harm we cause to the environment by making every effort to fully restore the environment and to compensate those persons who are adversely affected. Disclosure. We will disclose to our employees and to the public incidents relating to our operations that cause environmental harm or pose health or safety hazards. We will disclose potential environmental, health or safety hazards posed by our operations, and we will not take any action against employees who report any condition that creates a danger to the environment or poses health and safety hazards. Environmental Directors and Managers. At least one member of management will be a person qualified to represent environmental interests and will commit management resources to implement these Principles. Annual Assessment. We will conduct and make public an annual self-evaluation of our progress in implementing these Principles and in complying with all applicable laws and regulations.

36 Page 36 SECTION SOURCE OF MATERIALS Comply with Section of the Standard Specifications. SECTION QUALITY OF MATERIALS Comply with Section of the Standard Specifications supplemented and/or modified as follows: General Add the following: References to ODOT specifications, test methods and reporting requirements shall apply to all materials and workmanship incorporated into this project, unless otherwise excluded under the Section and/or subsection for that work item. General Contractor is responsible to provide all testing and meet all ODOT Quality Control and Acceptance requirements through the use of an independent testing agency. SECTION LEGAL RELATIONS AND RESPONSIBILITIES Add the following Subsection: (e) City of Ashland Noise Control Comply with the City of Ashland s Noise Control Ordinance. See Subsection (e) for information about the City s code Permits, Licenses, and Taxes Add the following bulleted items to the end of the list: The successful bidder shall, prior to the start of work, obtain a City of Ashland Business License. Sub-contractors on the project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. See required ODOT permit form in Appendix A Furnishing Right-of-Way and Permits Add the following to this subsection: Obtain all necessary Permits from the City of Ashland Public Works Department, and all other approving agencies where required including ODOT permit and required insurance also listing ODOT and the City of Ashland as additional insured parties, for all construction work within the Public Right of Way, in Public Utility Easements, or on Public Works owned or operated systems within or outside of City Limits a minimum of three days prior to commencing work. Notify all adjacent property owners, occupants, other utility companies, and organizations operating underground facilities in the area at the time of the permit application. Provide adequate prior notice (min 24 hours or as required) to allow those impacted by the work to

37 Page 37 adjust their schedules and patterns accordingly. Coordinate and adjust work as required to accommodate requests for shared trenching, common excavation, or coordination of layout and saw-cutting when requested by concurrent construction projects and utility facility operators. Notifications can be accomplished by mail, telephone conversation, door hangers, or door-to-door visits. Provide the following information in the notifications and update if the information provided changes: Who will be doing the work and for whom (name and 24 hour phone number of contractor or permit holder) What the project will consist of (e.g. excavation, patching, flatwork, etc.) Where the work will be done (in the public way and/or on private property) When construction will begin and end (dates and time of day if outside normal working hours) Insurance Coverages Substitute the following subsections: (a) General Liability. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. (b) Worker s Compensation. Worker s compensation insurance in compliance with ORS , which requires subject employers to provide Oregon workers compensation coverage for all their subject workers. (f) Additional Insureds The City of Ashland and ODOT, its officers, employees and agents shall be named as additional insured parties on each required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. These certificates shall contain provision that coverage afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior to written notice has been given to City. Insuring companies or entities are subject to the City s acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance (b) Warranties Add the following paragraph to this subsection:

38 Page 38 The Contractor shall warrant all work performed under this Contract for a period of two years from the date of final acceptance, as specified in Subsection (c) of these provisions. SECTION PROSECUTION AND PROGRESS Comply with Section of the Standard Specifications supplemented and/or modified as follows: Metric Submittals Delete this subsection and add the following: English Submittals The Contractor shall use English units for all calculations and measurements, Working Drawings, Materials Certifications, delivery tickets, and other documents submitted in conjunction with performance of the Contract Limitation of Operations Add the following subsections: (c) The Contractor shall notify the City of Ashland and obtain their approval at least 48 hours prior to undertaking any work outside of normal working hours. Normal working hours for City Staff are 7:30 AM to 4:30 PM, Monday through Friday, excluding holidays. (d) Limitation of Operations Limitation of operations specified in these special provisions include, but are not limited to the following: Work by other contractors Noise Control Project Time Restraints Interim Completion Times Final Completion Times Traffic Restrictions Project Work Schedules Add the following to the end of this subsection: A two week revolving progress schedule and/or weekly progress meetings will also be implemented if found necessary by the Engineer Contract Time To Complete Work - Modify and by including "Contract Times" and daily amounts of liquidated damages given in the following paragraphs (a), (b), and (c): (a) (b) Complete all work covered by Pay Items on Bid Schedule, for the work on the Interstate 5 Sanitary Sewer Construction Project, no longer than 60 days from Notice of Proceed issue date. Under (a) above, the daily amount of liquidated damages will be $ per Calendar Day.

39 Page MEASUREMENT OF PAY QUANTITIES Comply with Section of the Standard Specifications supplemented and/or modified as follows: (b) Area Replace this subsection with the following subsection: (b) Area Areas will be determined by measuring width and length at least to the nearest 0.1 foot and computed at least to the nearest 0.1 square yard as appropriate, unless otherwise specified in the Contract. SECTION PAYMENT Comply with Section of the Standard Specifications supplemented and/or modified as follows: (a) (1) Progress Estimates Replace the sentence that begins At the same time each month with the following sentence: The Engineer will make an estimate of the amount and value of Pay Item Work completed through the final day of each month (c ) Forms of Retainage Replace this subsection with the following subsection: (c ) Forms of Retainage The only acceptable form of retainage is Cash, Alternate A as described below in subsection (1). (1) Cash, Alternate A Retainage will be deducted from progress payments and held by the Agency until final payment is made in accordance with , unless otherwise specified in the Contract (e) Withholding Payments Add the following paragraph to the end of this Subsection: Notwithstanding ORS 279.C555 or 279C570, if a Contractor is required to file certified statements o the prevailing wage rates, but fails to do so, the Agency will retain 25% of any amount earned as required in SECTION PAYMENT FOR EXTRA WORK Comply with Section of the Standard Specifications. SECTION PAYMENT FOR FORCE ACCOUNT WORK Comply with Section of the Standard Specifications. SECTION DISAGREEMENTS, PROTESTS AND CLAIMS

40 Page 40 Delete Section of the Standard Specifications in their entirety and substitute the following: General In any case where the Contractor deems extra compensation is due for work or materials not allowed by the Engineer, the Contractor shall in writing notify the Engineer of their intention to make claim for such compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor agrees to waive the claim for extra compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost, shall not in any way be construed as proving the validity of the claim. Notwithstanding any other notices that are required, in the event Contractor discovers any subsurface, latent or other conditions at the site differing materially from those indicated in the contract documents, the Contractor shall immediately notify the Engineer and not disturb them until the Engineer has reviewed such conditions.

41 Page 41 PART II TECHNICAL SPECIFICATIONS

42 Page 42 CITY OF ASHLAND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION All Public Works Construction within the City Limits, within the Utilities Service Boundary, or planned to become a part of a system owned or operated by the City shall be constructed in accordance with the 2002 edition of the Standard Specifications for Public Works Construction ODOT/APWA as amended by the Project Special Provisions, as well as any special provisions included with the plans. All number references in the Addendum and Special Provisions shall be understood to refer to the Sections and Subsections of the Standard Specifications bearing like numbers and to Sections and Subsections contained herein in their entirety. The Standard Specifications and Addendum are available to view at the City s Public Works Offices. Copies of the Standard Specifications & ODOT APWA standard drawings may be obtained from the ODOT Contractor Plans office, Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon 97301; phone (503) The Standard Specifications are also available on line on ODOT s Web Site: PART TEMPORARY FEATURES AND APPURTENANCES SECTION MOBILIZATION Comply with Section of the Standard Specifications. SECTION WORK ZONE TRAFFIC CONTROL Comply with Section of the Standard Specifications, supplemented and/or modified as follows: (c) Standards - Replace the paragraph that begins "Do not use the... with the following paragraph: Do not use the Oregon Department of Transportation's "Short Term Traffic Control Handbook". Do not use the "Traffic Control on State Highways for Short Term Work Zones" or the "Oregon Temporary Traffic Control Handbook for Operations of 3 Days or Less" except when directed by the Engineer for mobile pavement marking operations Traffic Control Outside Contract Limits - Replace this subsection with the following subsection:

43 Page Traffic Control Outside Project Site - Provide TCM outside the Project Site when required Temporary Signing - Replace the sentence that begins "Use new temporary signs..." with the following sentence: Use temporary signs meeting the requirements of the "Acceptable" category shown in the American Traffic Safety Services Association (ATSSA) "Quality Standards For Work Zone Traffic Control Devices" handbook and the following: (a-5) Roll-up Signs - Replace the sentence with the following sentence: Use roll-up signs with fluorescent orange roll-up sign sheeting from the ODOT QPL. Add the following subsection: (f-1) Reflective Pavement Markers - Replace this subsection with the following subsection: (1) Reflective Pavement Markers - Use new Type 1 reflective pavement markers from the QPL Flaggers - Replace the bullet that begins "Highly visible 'STOP/SLOW' sign..." with the following bullet: Highly visible "STOP/SLOW" sign paddles conforming to the MUTCD and fabricated using encapsulated lens reflective sheeting or brighter, or flashing "STOP/SLOW" sign paddles from the QPL Replace the bullet that begins "Portable, self-contained two-way..." with the following bullet: Portable, self contained two-way radio and repeaters, as required, with a range suitable for communications throughout the Project limits Qualifications - Replace this subsection with the following subsection: Qualifications - Use flaggers, TCS, signal operators, and pilot car operators that meet the following requirements: Have a valid drivers license Are at least 18 years old Have the mental and physical ability to provide timely, clear, and positive guidance to the traveling public Have a sense of responsibility for public and work crew safety Have a professional appearance Have a courteous but firm manner Have completed an approved work zone traffic control flagging course within the past three years and have in their possession a current, official state Flagger Certification card from either Oregon, Washington, Idaho, or Montana Traffic Control Supervisor - Replace the paragraph that begins "When the bid schedule does not..." and the bullets after that paragraph with the following paragraph and bullets:

44 Page 44 When the bid schedule does not include an item for a TCS, appoint a qualified and competent person on the jobsite during working hours and on call at all other times who: Meets the requirements of Is responsible for maintaining all TCD in proper position and condition Is equipped with a two-way radio with a range suitable for the Project Has the authority to assign and control flagging operations Files his/her name and phone number with the Engineer and local police (b-2) Portable Sign Supports - Replace the last bullet with the following bullet: Use only with roll-up signs from the QPL Flaggers - Replace the paragraph that begins "Locate flaggers far enough..." with the following paragraph: Locate flaggers far enough in advance of the work area to permit adequate time for the motorist to respond to the flagger's instruction. All flaggers, including advance flaggers, shall use the STOP/SLOW paddle (a) Quantity Limitations - Replace this subsection with the following subsection: (a) Quantity Limitations - The quantities for work zone traffic control measures will be limited to the following, unless otherwise specified: The initial installation of quantities necessary to complete the Project based on the Schedule of Items The initial installation of additional TCD and TCM that the Engineer and Contractor agree are necessary to ensure a safe work zone The replacement of TCD and TCM, except temporary signing and temporary electrical signs, damaged by public traffic and replaced by the Contractor The quantities approved in contract change orders Temporary signing and temporary electrical signs damaged by public traffic and replaced or repaired by the Contractor will not be measured Flaggers - Replace this subsection with the following subsection: Flaggers Unless specified as a separate bid item, the use of flaggers is considered incidental to the Work Zone Traffic Control Bid Item. No additional payment will be made for the temporary illumination required for nighttime flagger operations unless specified as a bid item (a) Pay Quantities - Replace the first sentence of the paragraph that begins "All TCD damaged by " with the following sentence: All TCD damaged by public traffic and replaced by the Contractor, except temporary signing and temporary electrical signs will be paid for at the Contract price for the pay items listed in the Schedule of Items or in approved Contract change orders, unless otherwise specified. In the second list of bullets, replace the first bullet with the following bullet:

45 Page 45 Moving and reinstalling signs, barricades, plastic drums, delineators, sequential arrow signs, and portable changeable message signs required by stage construction (b) Temporary Protection and Direction of Traffic - Add the following bullet(s) to the end of the bullet list: Providing, surfacing, maintaining, removing, and restoring the alternate pedestrian route A Method B Lump Sum Basis Replace this subsection with the following subsection: A Method B Lump Sum Basis - Payment for the item Work Zone Traffic Control will be made at the Contract lump sum amount and will be for temporary protection and direction of traffic, flaggers, pilot cars, traffic control supervisors, furnishing, installing, moving, operating, maintaining, inspecting and removing materials and traffic control devices, and for furnishing all equipment, labor, and incidentals necessary to complete the work as specified. In addition, thru will be paid under the Work Zone Traffic Control bid item unless otherwise noted. SECTION EROSION AND SEDIMENT CONTROL Comply with Section of the Standard Specifications, supplemented and/or modified as follows: Emergency Materials - Add the following paragraphs after the paragraph that begins "Provide, stockpile, and protect... Provide and stockpile the following emergency materials on the Project site: SECTION ENVIRONMENTAL PROTECTION Comply with Section of the Standard Specifications, supplemented or modified as follows: Add the following Subsection: Item Quantity Bio-Filter Bags 12 Sediment Fence 100 LF. 3/4 0 Crushed Rock 5 C.Y Hazardous Waste and Hazardous Substances - Revise this subsection as follows: (c) Fuel Storage - Add the following paragraph: If above-ground fuel storage will exceed 2498 L (660 gallons) per container or 4996 L (1,320 gallons) aggregate, develop and submit for approval 10 days before the pre-construction conference, a spill prevention control and countermeasures (SPCC) plan, signed and stamped by a professional engineer, in accordance with 40 CFR 112. The SPCC plan requirement is in addition to the PCP requirement described above. Employees must be trained as specified in 40 CFR 112 and the SPCC plan. Maintain a copy of the SPCC plan on-site at all times during construction activities, readily available to employees and inspectors. (i) Spills & Releases - Add the following:

46 Page 46 This project is located close proximity to Bear Creek and it is likely that a sewer spill could enter these waters within a very short time. The contractor is cautioned to use extreme care when working around the existing live sanitary sewer and to prepare the pollution control plan to prevent the flow of sewage into the creek. As a function of the PCP, the contractor must maintain supplies and equipment on hand to aid in the containment and clean-up of any spill or release prior to commencing work on the project. As a minimum, the contractor should have available on-site at all times the following emergency materials and equipment: 4 inch trash pump, gas powered 100 feet of 4-inch discharge line 24 filled sandbags 6 straw bales Backhoe or excavator 4 hand shovels 5 cubic yards of soil or sand Pollution Control - In the paragraph that begins "Prevent, control and abate...", replace "ORS " with "ORS 279C.525" (a-1) Minimum Required Measures - Add the following to the end of the bulleted item list: Implement containment measures adequate to prevent pollutants including sanitary sewer (include bypass pumping spill protection plan) or construction and demolition materials, such as waste spoils, petroleum products, concrete cured less than 24 hours, concrete cure water, silt, welding slag and grindings, concrete saw cutting by-products and sandblasting abrasives, from entering the Regulated Work Area or any waterway (e) City of Ashland Noise Control In addition to the restrictions above, comply with the City of Ashland s Noise Ordinance, Ashland Municipal Code B. Where ever there is a conflict between the City s code and the provisions of subsection (d) of the Standard Specifications, the more restrictive provision shall apply. The Contractor shall be responsible for applying for any variances they deem to be desirable for their operations. Denial of any and all variance requests will not be considered in any requests for extension of time to complete work, or for increased compensation. (e) City of Ashland Tree Protection Add the following subsection. The Contractor shall take all necessary precautions to avoid damage to existing trees within the work area. As a minimum, the contractor will provide the following: Protective Fencing: As indicated on the plans or as directed by the engineer, the contractor shall provide temporary Chain Link Fencing. Fencing shall be installed at the drip line of the trees. 1. Chain link fencing shall occur around all existing trees and planted areas to be saved and protected and existing trees in adjacent areas, that occur within 30 feet of a demolition feature requiring the use of heavy equipment, for example, built structures, buildings and retaining walls, and around trees adjacent to the paths of travel for demolition and construction equipment. Install metal tee posts plumb and evenly spaced not to exceed eight feet along the fence line. Drive posts 18 to 24 inches into the ground; adjacent posts shall be within four inches of the same height above grade.

47 Page All chain link fence support posts shall have a minimum spacing distance of eight feet on center. Posts shall be placed in inches deep, six-inch diameter augured hole and backfilled with ¾ inch minus crushed rock. All posts shall be made vertical and ridged to top of fence. If support roots of trees are encountered during post placement, move post to next acceptable location or consult the City s arborist. Tieback Protection: Protect existing trees and plants against any and all types of damage. Tie back all flexible limbs and overhead branches which may, in the opinion of the Landscape Architect and or representative arborist, may be damaged by the passage or activity of equipment. Excavation: 1. Minimize Excavation: Install shoring or other protective support systems to minimize sloping or benching of excavations. 2. Excavation Within Drip Line: Do not excavate within tree drip line, unless otherwise indicated. No tree limbs may be removed without the written approval of the representative arborist. Excavation within drip line shall only occur under the direction of the representative arborist. Major lateral roots or taproots shall not be cut unless approved in writing by the arborist or under the direction of the representative arborist. Where excavation for new construction is required within tree drip lines, hand excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. a. Notify project arborist to review areas of impact 48 hours prior to initiation of work. b. Relocate roots in backfill areas wherever possible. c. Roots encountered immediately adjacent to location of new construction and relocations are not practical, are to be cut appropriately three inches (75 mm) back from new construction. Prune torn roots with clean cut. d. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. e. Water and maintain in a moist condition and temporarily support and protect roots from damage until they are permanently relocated and covered with earth. Utility Trenching: Where utility trenches are required within tree drip lines, tunnel under or around any roots greater than two inches in diameter by drilling, pipe jacking, or digging by hand. 1. Notify project representative arborist to review areas of impact 48 hours prior to initiation of work. 2. Root Pruning: Do not cut main lateral roots or tap roots; cut only smaller roots that interfere with installation of new work. Cut roots with sharp pruning instruments; do not break or chop. If in doubt, contact arborist. 3. Consult with arborist to determine if soil aeration may be necessary following utility installation if excessive compaction results from heavy equipment. Regrading: 1. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist. a. Notify project arborist to review areas of impact 48 hours prior to initiation of work. b. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or tap roots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop. c. Do not alter original grade more than three inches (75 mm) within drip-line of retained trees.

48 Page Minor Fills: Where existing grade is six inches (150 mm) or less below elevation of finish grade shown, fill with planting soil mix. Place planting soil mix in a single uncompacted layer and hand grade to required finish elevations. Tree Pruning: 1. General: a. All tree pruning shall occur under the direction of the arborist. Notify the arborist to review areas of impact 48 hours prior to initiation of work. b. Evaluate all trees, which are to remain within the limits of work for desired pruning. Prune as directed by the arborist. c. Prune to compensate for root loss caused by damaging or cutting root system, health of trees, appearance, and public safety. d. Provide subsequent maintenance during the Contract period as recommended by arborist. e. Cut branches with sharp pruning instruments; do not break or chop. 2. Pruning Standards: Prune trees according to the National Arborist Association s Pruning Standards for Shade Trees. a. Class II: Standard Pruning. b. Class III: Hazard Pruning. c. Class IV: Crown-reduction Pruning. Tree Care During Construction: 1. Irrigation: a. Provide one inch of irrigation water per week to the root system during the growing season. b. Provide irrigation during the work of this contract. 2. Construction Traffic: Construction traffic within tree protection zones is to be avoided. If limited access must occur, protect root zone from compaction with 4 layer of wood chips followed by a layer of plywood over all root zone areas subject to traffic. After construction, plywood and chips are to be removed. Tree Repair and Replacement: 1. Promptly repair trees damaged by construction operations to prevent progressive deterioration. 2. Remove and replace dead and damaged trees that the arborist determines to be incapable of restoring to a normal growth pattern. Disposal of Waste Materials: 1. Burning on Owner s Property: Burning is not permitted on Owner s property. 2. Disposal: Remove excess excavated material, displaced trees, and excess chips from Owner s property Lump Sum Basis Add the following paragraph: Payment shall be made only if there is a bid item, otherwise, providing environmental protection is considered incidental to one or more existing bid items. PART ROADWORK SECTION REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section of the Standard Specifications.

49 Page 49 SECTION CLEARING AND GRUBBING Comply with Section of the Standard Specifications supplemented and/or modified as follows: Payment Add the following: Payment for removing of the trees as shown on the plans shall be paid for as each and as a separate bid item from Clearing and Grubbing as shown on the bid schedule. SECTION EARTHWORK Comply with Section of the Standard Specifications supplemented and/or modified as follows: General Delete the first sentence including the bulleted items and substitute the following: General Excavation, Ditch Excavation, Incidental Excavation, and Embankment shall be performed as Earthwork. Measurement for the bid item Earthwork shall be on the Lump Sum basis Excavation Basis Delete this subsection in its entirety Embankment Basis Measurement - Delete this subsection in its entirety General Delete this subsection and substitute the following: Payment for Earthwork shall be on the Lump Sum basis Kinds of Excavation Delete the subsection in its entirety Kinds of Incidental Earthwork - Add the following to the end of this subsection: (i) Driveway and Road Approaches - Earthwork outside the neat lines as shown on the Typical Sections, necessary to construct driveways and road approaches Excavation Basis Payment Delete this subsection in its entirety Embankment Basis Payment Delete this subsection in its entirety. SECTION SUBGRADE STABILIZATION Comply with Section of the Standard Specifications supplemented and/or modified as follows: Excavation - In the sentence that begins "Dispose of the...", replace " (a-6)" with " (a-5)".

50 Page 50 PART DRAINAGE AND SEWERS SECTION TRENCH EXCAVATION, BEDDING AND BACKFILL Comply with Section of the Standard Specifications supplemented and/or modified as follows: TRENCH BACKFILL - REPLACE THIS SUBSECTION WITH THE FOLLOWING: Trench Backfill - Use the following materials where shown or required: (a) Class A Backfill - Use native or common material that, in the opinion of the Engineer, meets the characteristics required for the specific surface loading or other criteria of the backfill zone. In areas not subject to traffic or landscaping fill placement, use Class A (Native Soil) or better. (b) Class B Backfill - Use granular material consisting of gravel or crushed rock meeting the requirements of Section Designated size shall be 25.0 mm - 0 (1" - 0) or 19.0 mm - 0 (3/4" - 0). In areas subject to traffic beneath new paving, with a depth per the street cross-section included in the project plans, use Class B (3/4 or 1 Minus Crushed Rock) or better. (c) Class C Backfill - Use clean sand with no particle size larger than 6.3 mm (1/4 inch). For electrical, communication, & gas lines within 12 of lines, use Class C (clean Sand) only. (d) Class D Backfill - Use pit run or bar run material, well graded from coarse to fine. The maximum dimension shall be 75 mm (3 inches). In areas subject to traffic beneath new paving, with a depth per the street cross-section included in the project plans, use Class D (Pit or Crusher run Rock) or better. (e) Class E Backfill - Use Controlled Low-Strength Material (CLSM) conforming to Section In existing paving areas for fill less than 24 below pavement, use Class E (Sand Slurry) only. Other areas greater than 24 below the pavement may be determined to be backfilled using Class E. These areas shall be shown on the project plans (a) Limitation on Commencement Add the following to this subsection Notify all abutting property owners and occupants minimum 72 hours prior to commencement and provide the following information: 1) Who to contact for questions (Representative for the General Contractor). 2) What areas will be excavated, and what will be replaced 3) When the work will be completed. (Re-notify if schedule changes) (a) General Replace the paragraph that begins with Test for with the following: All fill material placed within the Public ROW or PUE except Class E (Sand Slurry) shall be tested for adequate compaction in accordance with this standard specification unless specifically excluded

51 Page 51 in the approved project drawing General Notes. In addition, meet the following additional material specific requirements Add the following to the end of this subsection: Additional Compaction Testing Requirements: Contractor shall employ an independent testing agency to provide testing Contractor to provide source certification & maximum density data for each backfill type used. (1) Class A, B, and C backfill: Submit AASHTO T99 maximum density tests for all materials requiring compaction. Field-testing locations are to be determined by the Public Works Inspector. Provide field compaction test results within 48 hours of testing to the Engineer. Conduct at least one test per 300 LF of roadway or trench, per lift but not less than 3 per lift shall be done. If initial testing does not meet specified minimum, the Engineer of Record shall specify the retesting, removal, or compaction required. Exception: If backhoe mounted compactors are used; Public Works Inspector may elect to substitute visual observation of compaction for testing Test Cohesive fill material (e.g. clay soils) used as support for permanent structures in accordance with current UBC Standards for expansiveness. Obtain acceptance from the Engineer of Record for use in the specific application proposed on the plan drawings and/or Soils Report (Class A backfill only). (2) Class D backfill: Proof roll with a fully loaded 10-yard dump truck or as acceptable to the Engineer. Obtain no greater that ¼ observed surface deflection. Record Drawings ( as-builts ) shall indicate locations of differing fill materials and dig-outs. Submit any Soils Reports prepared in conjunction with the project as-built documents as part of the Record Drawings. (3) Class E backfill: Use only the pre-approved CSLM mix specification indicated on the standard trench details. Protect backfilled area from traffic for a minimum of 72 hours (c-2) Class A, B, C, or D Backfill - In the paragraph that begins "Determine the maximum density replace "WAQTC TM 9" with "AASHTO T 99". Replace the last paragraph with the following:

52 Page 52 When the backfilling is complete, finish the surface area as specified. In paved or graveled areas, maintain the surface of the trench backfill level with the existing grade with cold mix asphalt until final pavement replacement is complete and accepted. Contractor shall maintain trench to reduce and/or remove potholes or abrupt edges, and shall also sweep and remove loose and scattered rock. Trenches left unpaved shall be properly signed with Bump, or Slow signs, as directed by the Engineer Rock & Boulder Excavation Add this to the beginning of this subsection: Unless otherwise defined in the Specifications, the term rock or boulder shall be understood to mean: Removal of all material which by actual demonstration cannot, in Owner s judgement, be reasonably removed with equipment comparable to Caterpillar 225 excavator or Caterpillar D-8 tractor which are equipped with rippers, rock teeth, and standard sized buckets, and in fact must be broken by power tools designed for rock excavation. In trenches, boulders or pieces of concrete below existing grade larger than 1/3 cubic yard will be classified as rock if power tools designed for rock excavation are required for removal General Add the following paragraph to the end of this subsection: In the event that unanticipated rock excavation is encountered, the unit price for same is hereby pre-established at One Hundred Dollars ($100) per cubic yard. If 20 percent or more rock is encountered than included in the bid item, all rock in excess of the bid item shall be considered unanticipated and paid at the dollar amount above. By submittal of a proposal for the project, Bidders acknowledge the sufficiency of the above unit price for unanticipated rock excavation. SECTION COMMERCIAL GRADE CONCRETE Comply with Section of the Standard Specifications supplemented and/or modified as follows: Tolerance and Limits of CGC Mixtures - In the Compressive Strength bulleted item, change the English value from "(3,300 psi)" to "(3,000 psi)" (d) Hardened CGC - In the first sentence, replace " (d)" with " (c)" Quality Control Personnel - Delete the first bulleted item. Add the following bulleted item: CSTT - Concrete Strength Testing Technician

53 Page 53 SECTION SANITARY, STORM, CULVERT, SIPHON AND IRRIGATION PIPE Comply with Section of the Standard Specifications supplemented and/or modified as follows: Scope Add the following to the end of this subsection: Contractor is responsible for calling Oregon Utility Notification Center, and for potholing all potential utility crossing conflicts. Contractor shall notify the Engineer of any conflicts, prior to installation of any pipe. The Engineer will immediately work on a solution (e) Tracer Wire - Replace this subsection, except for the heading, with the following: Use 12-gage stranded or solid copper insulated high molecular weight polyethylene (HMW PE) tracer wire. The HMW-PE insulated cover shall be green and a minimum 1140 µm (45 mil) thick. The wire shall be UL rated for 60 C (140 F) (g) Repair Clamps - Add the following subsection: (g) Repair clamps shall be made using an approved rigid coupler, Romac 501 or approved equal. Flexible couplers are not allowed on sewer main lines Asphalt Mastic Replace this subsection, except for the heading, with the following: The asphalt mastic specified in for aluminum and concrete contact surfaces shall consist of a mixture of asphalt, mineral stabilizer, and filler conforming to AASHTO M 234 or ASTM D An approved product from the QPL may be used General Add the following: (h) Maintenance of Existing Sewer Maintain the service of the existing sanitary sewer during construction. This includes existing mainline and service laterals. Submit a proposed plan showing proposed service to the Engineer for review and approval prior to construction Tracer Wire - Replace the first paragraph of this subsection, except for the heading, with the following: Tracer wire is required on all service line pipes and on curved main line sewers. It is not required on main line sewers that run in a straight line between manholes or from a manhole to a cleanout. Replace the first sentence of the paragraph that begins "Make tracer wire splices..." with the following sentence:

54 Page 54 Make tracer wire splices using a solderless connection kit that effectively moisture seals two or more conductors for direct burial and securely join the wires both mechanically and electrically Television Inspection of Sanitary and Storm Sewers Replace the second paragraph with the following: Television inspections will be performed by COA Staff (b) Appurtenances Add the following to the end of this subsection When a bid item is provided for sanitary sewer lateral connection, this shall include: locating by excavation, existing private laterals and connecting with approved manufactured fittings, tees, or wyes and extending existing pipes if required. Payment will be made for each sanitary sewer lateral connected based on the contractor s bid amount. When no bid item is provided, extension of existing piping, manufactured fittings, as well as locating the existing laterals are considered incidental to the general pipe installation bid item Incidental Basis - Add the following to the end of this subsection. Trench excavation, bypass pumping, removal of existing sewer line, bedding, pipe zone material, trench backfill, fittings, valves, tracer wire and potholing are incidental to the per linear foot cost of the pipe, unless there is a specific bid item. SECTION MANHOLES, CATCH BASINS AND INLETS Comply with Section of the Standard Specifications. SECTION WORK ON EXISTING SEWERS AND STRUCTURES Comply with Section of the Standard Specifications supplemented and/or modified as follows: General Replace final paragraph with the following: Bypass pump sanitary sewer and stormwater flows around the pipe section or manhole being repaired or replaced by plugging an existing upstream manhole and pumping the flow around the work to a downstream manhole. Submit a bypass pumping plan to the Engineer at least 48 hours before beginning bypass pumping. Bypass pumping plan must include but not limited to: Primary and secondary pump sizes, discharge tie-in plan for primary and secondary pumps, spill protection, and discharge pipe/hose layout to accommodate traffic. Use a pump with adequate capacity to handle existing flows and additional flow due to rain. Pumps shall not exceed a noise level of 86 db at a distance of 15.2 m (50 feet). Do not operate bypass pumps at night except in an emergency or

55 Page 55 if allowed by Engineer. Do not discharge raw sewage onto private property or city streets, or into storm drain systems and natural drainage ways. PART 500 BRIDGES SECTION STRUCTURE EXCAVATION AND BACKFILL Comply with Section of the Standard Specifications supplemented and/or modified as follows: Granular Wall/Structure Backfill - Replace this subsection with the following subsection: Granular Wall/Structure Backfill (incidental) - Payment for granular wall backfill and granular structure backfill will be incidental for the bid item Structure Excavation in full for furnishing all materials, equipment, labor, and incidentals necessary to complete the work as specified. SECTION PRECAST PRESTRESSED CONCRETE MEMBERS Comply with Section of the Standard Specifications supplemented and/or modified as follows: Pay Items - Replace this subsection with the following subsection: Pay Items - Payment for placing the bridge footing and placing the precast bridge slabs will be made at the Contract lump sum amount for the respective bid items. Precast bridge footings will be stockpiled at the City of Ashland Yard. Precast bridge slabs will be delivered to the site from the supplier for placement from the supplier s truck to the bridge footings. Payment will be payment in full for hauling and placing the precast footings and placing the precast bridge slabs including installation of elastrometric bearing pads as shown on the plans. SECTION TIMBER STRUCTURES Comply with Section of the Standard Specifications supplemented and/or modified as follows: General - Payment will be made at the Contract lump sum amount for the bid item Pressure Treated Rail. Payment will be payment in full for furnishing all materials, equipment, labor, and incidentals necessary to complete the work as specified.

56 Page 56 PART 600 BASES SECTION AGGREGATE BASE & SHOULDERS Comply with Section of the Standard Specifications supplemented and/or modified as follows: Acceptance of Aggregates - Replace this subsection with the following: Acceptance of Aggregate shall include the following criteria: Source Certification - The Agency requires that all aggregate used in public improvement projects meet all requirements of Section Aggregate shall be tested by an approved lab and certified by a Professional Engineer, registered in the State of Oregon. The certifications shall identify the source by its state designated source number and situs. An employee of the certifying laboratory must obtain samples. It is the responsibility of the supplier to supply this information for City approval prior to its use in public works projects Aggregate certifications must be submitted to the agency on a semi-annual basis. Certifications are due January 1 and July 1. Only certifications performed within the two months prior to the due date will be accepted for review. The certifications will be considered valid for the six-month period unless visual or performance evaluations indicated that the product has changed. In such cases, the Agency may then require additional certifications assuring compliance. Aggregate Source - Contractor shall use the same source of material for the entire project. If circumstances develop prior to completion of a job the following rules shall apply. 1. Rock shall be an approved material from a certified source. 2. Previous material and material from the new source shall not be mixed. 3. If the materials are not kept separate when placed and mixing occurs, the COA shall use the higher optimum density when computing compaction. PART RIGHT OF WAY DEVELOPMENT AND CONTROL SECTION PLANTING Comply with Section of the Standard Specifications. SECTION FENCES Comply with Section of the Standard Specifications.

57 Page 57 PART MATERIALS SECTION CONCRETE Abbreviations and Definitions - Add the following abbreviation and definition: cm - Cementitious Materials (portland cement, fly ash, silica fume, ground granulated blast furnace slag) (b) Fly Ash - Replace this subsection with the following: (b) Fly Ash - Except for HPC, fly ash may be used in concrete to replace a portion of the cement and as an additive to increase the total amount of cementitious materials. As a replacement for cement, fly ash may comprise up to 20% of the minimum specified cement content. Additionally, the maximum allowable percent of fly ash shall be 35% of the total cementitious materials, provided that the mix design contains at least 80% of the minimum specified cement content as shown in Table Concrete Mix Tolerances and Limits General - Modify Table as follows: Under the Limits column, replace "75 mm mm (3" - 4")" with "75 mm mm (3" 8")". In the last row of the table, replace "Maximum Water-Cement Ration express as w/(c+p)" with "Maximum water-cementitious ratio express as w/cm", and replace "Water-cement ratio may not exceed the values in Table " with "Water-cementitious ratio may not exceed the values in Table ". SECTION GEOSYNTHETICS Geotextile Property Values - In the metric and English tables , replace the "Test Method" for the "Burst Strength, Diaphragm method" with ASTM D 3786 and remove footnote number 2. SECTION CONCRETE AND PLASTIC PIPE Comply with Section of the Standard Specifications supplemented and/or modified as follows: Polyvinyl Chloride (PVC) Pipe Replace this subsection with the following: Provide PVC subsurface drain pipe and fittings meeting the requirements of ASTM D 2729.

58 Page 58 Provide PVC sanitary, storm, culvert, siphon, and irrigation pipe and fittings with 600 mm (2 feet) or more cover that have a minimum pipe stiffness of 320 kpa (46 psi) or a minimum SDR of 35 and meet the requirements of sewer pipe ASTM D 3034, ASTM F 679, ASTM F 789 OR ASTM F 794 as appropriate. Provide PVC sanitary, storm, culvert, siphon, and irrigation pipe and fittings with less than 600 mm (2 feet) but at least 300 mm (1 foot) cover meeting the requirements of AWWA C 900 or AWWA C 905. SECTION BASE AGGREGATE Comply with Section of the Standard Specifications supplemented and/or modified as follows: (a) Grading - Add the following: The grading requirements for 4"-0" sub base material shall be as follows: Sieve Size % Passing 4" " /2" (b) Fracture of Rounded Rock - In the first sentence, replace "WAQTC TM1" with "AASHTO TP 61". Add the following at the end of this subsection: The requirements for 4"-0" sub base shall have 100% of the faces fractured (c) Durability - Under the "Requirements" column next to "Sediment Height" replace "(3")" with "(3.0")". Add the following to this subsection: The requirements for 4"-0" shall be as follows:

59 Page 59 Oregon Air Degradation (OSHD TM-208) % Passing #20 sieve 35% max. Sediment Height 6" max. Abrasion (OSHD TM- 211) 45% max. Soundness (OSHD TM-206) Avg. Loss 18% Max. (After 5 alterations) (d) Sand Equivalent - Add the following to the end of this subsection: The minimum sand equivalent required for 4"-0" sub base shall be 25 when tested in conformance with OSHD TM 101. SECTION PCC AGGREGATE Comply with Section of the Standard Specifications supplemented and/or modified as follows: (d) Durability - Under the "Requirements" column next to "Sediment Height" replace "(3")" with "(3.0")" (e-1) Fracture - In this subsection, replace "WAQTC TM1" with "AASHTO TP 61" (h) Grading - In footnote number 1, replace the first sentence with the following: Determine the fineness modulus according to AASHTO T 27/T 11.

60 Page 60 Appendix A ODOT Permit to Occupy or Perform Operations Upon A State Highway

61 Page 61