Bid booklet
Rejection of Nonresponsive Bids
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00120.70 Rejection of Nonresponsive Bids - Add the following bullet to the end of the bullet list:
SECTION 00130 - AWARD AND EXECUTION OF CONTRACT Comply with Section 00130 of the Standard Specifications modified as follows: 00130.40 Contract Bonds, Certificates, and Registrations - Replace this subsection number and title and replace the sentence that begins "Before the Agency will..." with the following number and title and sentence: 00130.40 Contract Submittals - Before the Agency will execute the Contract, the successful Bidder shall furnish the following: 00130.40(d) Registration Requirements: - Add the following subsection (5): (5) Bidders must be registered with and have issued by Dun and Bradstreet, Inc. a unique nine digit number with a four digit Data Universal Numbering System (DUNS) Plus number. This "DUNS Plus" number shall be reported on federal reporting forms as "999999999.9999". Add the following subsection: 00130.40(e) Tax Identification Number - The successful Bidder shall furnish the Agency the Bidder's Federal Tax Identification Number. SP130 (09-17-09) SECTION 00130 - AWARD AND EXECUTION OF CONTRACT (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document.) (Use the following paragraph when subsections 00130.40(a) and 00130.40(d) are NOT included in the project.) Comply with Section 00130 of the Standard Specifications. (Use the following lead-in paragraph when subsection 00130.40(a) or subsection 00130.40(d) are included in the project.) Comply with Section 00130 of the Standard Specifications modified as follows: (Use one of the following subsection .40(a)'s as instructed below. Delete the one that does not apply.) [ Use this subsection .40(a) only when discrete items are to be coated and warranted - example: bridge rail on a large modernization project. For the dollar amount to use, calculate only 100% of the value of the completed work, in dollars, for the Pay Items included in the warranty provisions. ] 00130.40(a) Performance and Payment Bonds - In the paragraph that begins "When a coating system warranty…", replace the sentence that begins "The supplemental warranty performance…" with the following sentence: The supplemental warranty performance bond shall be in the sum of $_______. In the paragraph that begins with "Upon Third Notification…", replace the words "Third Notification" with the words "Second Notification". [ Use this subsection .40(a) only on bridge coating projects. ] 00130.40(a) Performance and Payment Bonds - In the paragraph that begins with "Upon Third Notification…", replace the words "Third Notification" with the words "Second Notification". (Use the following subsection .40(d) and paragraph (5) on all ARRA funded projects, regardless of amount.) 00130.40(d) Registration Requirements: - Add the following subsection (5): (5) Bidders must be registered with and have issued by Dun and Bradstreet, Inc. a unique nine digit number with a four digit Data Universal Numbering System (DUNS) Plus number. This "DUNS Plus" number shall be reported on federal reporting forms as "999999999.9999". SP140 (03-31-08) SECTION 00140 - SCOPE OF WORK (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document.) (Use the following paragraph when subsection 00140.60 is NOT included in the project.) Comply with Section 00140 of the Standard Specifications. (Use the following lead-in paragraph when subsection 00140.60 is included in the project.) Comply with Section 00140 of the Standard Specifications modified as follows: (Use the following subsection .60 when the Contractor may be required to do Extra Work items. Listed items are not to be biddable Work items. Delete the example.) 00140.60 Extra Work - Add the following to the end of this subsection: Construction items which may be required as Extra Work to complete the Project and which are not covered by the Special Provisions or listed Pay Items may include, but are not necessarily limited to, the following:
SP150 (06-04-09) SECTION 00150 - CONTROL OF WORK (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document.) Comply with Section 00150 of the Standard Specifications modified as follows: (Use the following subsections .15(b) and .15(c) when Section 00305 - Contractor Surveying is included.) 00150.15(b) Agency Responsibilities - Replace this subsection, except for the subsection number and title, with the following: The Engineer will perform the responsibilities described in 00305.04. 00150.15(c) Contractor Responsibilities - Replace this subsection, except for the subsection number and title, with the following: The Contractor shall perform the responsibilities described in 00305.05. 00150.35(c) Number and Size of Drawings - Replace this subsection, except for the subsection number and title, with the following: The Contractor shall submit Working Drawings according to one of the following methods: (1) Paper Submittal - For paper submissions, submit seven copies of Working Drawings for steel Structures and six copies of Working Drawings for other Structures to the Engineer. The submitted copies shall be clear and readable. Drawing dimensions shall be 8 1/2 inches by 11 inches, 11 inches by 17 inches, or 22 inches by 36 inches in size. One copy of the submitted Working Drawings will be returned to the Contractor after processing. The Contractor shall submit such additional number of copies to the Engineer for processing that the Contractor would like to have returned. (2) Electronic Submittal - For electronic submissions, submit Working Drawings according to the "Guide to Electronic Shop Drawing Submittal" which is available from the Engineer. 00150.35(d-1) Stamped Working Drawings - Replace the sentence with the following sentence: Stamped Working Drawings will be designated as "reviewed" or "reviewed with comments" by the Engineer. 00150.35(d-2) Unstamped Working Drawings - Replace the sentence with the following sentence: Unstamped Working Drawings will be designated on the face of the Drawing, as "approved", "approved as noted", or "returned for correction" by the Engineer. (Use the following subsections .50 and (f) when listing utility information.) 00150.50 Cooperation with Utilities - Add the following subsection: (f) Utility Information: (Use the following paragraph when no anticipated utility conflicts exist.) There are no anticipated conflicts with the Utilities listed below. Contact those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction. Utility Contact Person's Name and Phone Number 1. Portland General Electric (PGE) Milo Starr (503) 570-4414 Gordon Hill (503) 844-5368 2. AT&T Shawn Dalbec (503) 495-0112 Bart Peterson (503) 806-2050 Ron Fowler (503) 306-7486 3. Comcast Margaret Porter (503) 372-1383 4. Verizon David Anthony (503) 641-2004 5. NW Natural Mark Allard (503) 806-1034 6. City of Beaverton Water & Sewer (503) 526-2257 (Use the following paragraph when utility adjustments are the responsibility of County or City.) Arrangements for removing, relocating, or adjusting Utilities on the Project are the responsibility of the County (City). Contact the County (City) for information regarding these arrangements. (Use the following paragraph on projects with organizations that may be adjusting utilities.) The following organizations may be adjusting Utilities within the limits of the Project during the period of the Contract with relocation Work estimated to be completed by the following dates (times): Utility Estimated Completion Date (Time) 1. (Utility company - "Gas Company") (Contact person’s name and phone number)
Gordon Hill (503) 844-5368 4.
(OR99E Howell Prairie Rd-Waconda Rd. Aug 2005 to Oct 31, 2005) (Dewey Cheatum Inc. 541.679.5555 (On-Site))
Comply with Section 00165 of the Standard Specifications. SP170 (11-12-09) SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document.) Comply with Section 00170 of the Standard Specifications modified as follows: (Use the following lead-in paragraph and subsection .01(e) on projects with railroad involvement. Use of this subsection requires SP_RR_BNSF, SP_RR_INPR, SP_RR_NECR, SP_RR_PNWR, or SP_RR_UPRR.) Add the following subsection: 00170.01(e) Railways - An agreement between the Contractor and the railway to work on and within railway property is required for this Project. A copy of the railway agreement and corresponding requirements is included near the front of this Special Provision booklet. The railway agreement and requirements are subject to change by the railway. The railway will provide the actual agreement and requirements for execution. The Contractor shall obtain all necessary permits and licenses and pay all fees (see 00170.02). The Contractor shall obtain a fully executed copy of the agreement and requirements between the Contractor and the railway and provide a copy of it to the Engineer before beginning work on or within the railway property or right of way. (Use the following paragraph when railway flagger services are required. Obtain the information from ODOT's Railroad Engineer Liaison.) When railway flagger services are required, the Agency will pay the flagger services costs up to a total of ____(enter number of hours or days)____. If this value is exceeded and additional flagging services are needed, the Contractor shall pay the Agency an amount of ___(enter dollar amount)___ per __(enter "hour" or "day")__ for each __(enter "hour" or "day)__ in excess of the total value identified above. (Use one of the following options for the lead-in paragraph and subsection .06 as instructed below. Delete the option that does not apply.) [ Option 1 - Use this lead-in paragraph and subsection .06 on all ARRA funded projects, regardless of amount. ] [ Begin Option 1 subsection .06 ] Add the following subsection: 00170.06 Federal-Aid and American Recovery and Reinvestment Act Participation This Project is to be conducted according to the regulations applying to Federal-Aid Highway Projects and to American Recovery and Reinvestment Act (ARRA) Projects. According to Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 the U.S. Comptroller General and his representatives have the authority to:
Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. Also, according to Section 1515(a) of the ARRA, any representatives of the Inspector General have authority to examine any records or interview any employee or officers working on this Contract. The Contractor is advised that representatives of the inspector general have the authority to examine any record and interview any employee or officer of the Contractor, its Subcontractors or other firms working on this Contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general. [ End Option 1 subsection .06 ] [ Option 2 - Use this lead-in paragraph and subsection .06 on all Federal funded projects without ARRA funds. ] [ Begin Option 2 subsection .06 ] Add the following subsection: 00170.06 Federal-Aid Participation - This Project is to be conducted according to the regulations applying to Federal-Aid Highway Projects. [ End Option 2 subsection .06 ] (Use one of the following options for subsection .65(b) on Federal funded projects when the project is a Functional Classification of 08 rural minor collector, 09 rural local, or 19 urban local. Obtain the functional classification from the project risk assessment summary. Delete both options if they do not apply or, if one does apply, delete the option that does not apply.) [ Option 1 - Use these two subsection .65(b)'s on Federal funded projects when the project is a Functional Classification of 08 rural minor collector, 09 rural local, or 19 urban local AND DOES NOT contain any ARRA funds. ] [ Begin Option 1 subsection .65(b) ] 00170.65(b) When Federal Funds Are Involved - Replace this subsection with the following subsection: 00170.65(b) When Local Road or Rural Minor Collector Federal Funds Are Involved For this local road or rural minor collector Federal-Aid Project, the Contractor shall comply with 00170.65(c) and the provisions of FHWA Form 1273, "Required Contract Provisions Federal-Aid Construction Contracts," except Sections IV and V do not apply. [ End Option 1 subsection .65(b) ] [ Option 2 - Use this subsection .65(b) on Federal funded projects when the project is a Functional Classification of 08 rural minor collector, 09 rural local, or 19 urban local AND DOES contain ARRA funds, regardless of amount. ] [ Begin Option 2 subsection .65(b) ] 00170.65(b) When Federal Funds Are Involved - Replace the paragraph that begins "For Federal-Aid projects…" with the following paragraph and bullets: For ARRA Federal-Aid funded projects, the Contractor shall comply with the following:
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts.)
[ End Option 2 subsection .65(b) ] (Use the following subsection .65(c) on rock production projects.) [ Begin subsection .65(c) ] 00170.65(c) When No Federal Funds Are Involved - Replace this subsection, except for subsection number and title, with the following: Wage rate and fringe benefit schedules are not required for this rock production Project. [ End subsection .65(c) ] Add the following subsection: 00170.67 Fees - The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Oregon Bureau of Labor and Industries under the administrative rules of the Commissioner. (Complete the following subsection .70(a) based on the project risk assessment. Obtain risk assessment information from the following:
00170.70(a) Insurance Coverages - The following insurance coverages and dollar amounts are required pursuant to this subsection: Insurance Combined Single Limit Annual Aggregate Coverages per Occurrence Limit (Fill in the blanks with the dollar amounts from the project risk assessment summary.) Commercial General Liability $_____________$2,000,000 $____________$5,000,000 Commercial Automobile Liability $_____________$1,000,000 (aggregate limit not required) (Include the following pollution liability item only when it is required by the risk assessment summary, otherwise delete it.) Pollution Liability $_____________ $____________ (Include one or both of the following bullets only when they are required by the risk assessment summary. Delete them if they are not required.)
(Include the following commercial automobile liability with pollution liability item only when it is required by the risk assessment summary, otherwise delete it.) Commercial Automobile Liability with Pollution Coverage $_____________ (aggregate limit not required) (Use the following subsection .70(c) when project management is performed by other than ODOT forces. Fill in the blanks. Delete what does not apply.) 00170.70(c) Additional Insured - Add the following paragraph and bullets to the end of this subsection: Add the following as Additional Insureds under the Contract:
(Use the following subsection .70(g) on projects that include work on building(s) that have a market value or replacement cost of at least $100,000. In the first sentence, fill in the buildings' estimated market value or complete replacement cost in the blank. Use the second sentence, when ODOT is not the owner of the building and fill in the blank with the building owner. Except for the building owner, do not make any additions to this sentence. If ODOT is the owner of the building, delete the second sentence.) 00170.70(g) Builders' Risk - Add the following to the end of this subsection: Provide Builders' Risk insurance for an amount equal to at least $___________. The policy shall include as loss payee, the Agency and ____(County or City Owner of Building)____. (Use the following subsection .72 only when project management is performed by other than ODOT forces. Fill in the blanks. Delete what does not apply.) 00170.72 Indemnity/Hold Harmless - Add the following paragraph and bullets to the end of this subsection: Extend indemnity and hold harmless to the Agency and the following:
00170.80 Responsibility for Damage to Work - Replace this subsection, except for the subsection number and title, with the following: (a) Responsibility for Damage in General - The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work, at the Contractor’s own risk, until the entire Project has been completed and accepted by the Agency. The Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. (b) Repair of Damage to Work - Until Final Acceptance, the Contractor shall promptly rebuild, repair, restore, and make good damages to all portions of the permanent or temporary Work, except to the extent the Agency has assumed responsibility according to the provisions of (c) below. Perform all repairs of damage to Work at no additional cost to the Agency, except for repairs necessitated by damage caused by:
(c) Responsibility for Damage to Work Caused by Public Traffic - The Contractor may apply for relief of responsibility for damage to Work caused by public traffic by submitting a signed Contractor’s Request for Relief of Responsibility, form 734-2768, to the Engineer by mail, personal delivery or courier, by FAX, or other agreed-upon method. The Engineer will process a maximum of two forms per month and return the forms within seven Calendar Days indicating each item as “approved” or “denied”. The approval of the Engineer is limited, and is made only for the purposes of determining relief of responsibility for damage to completed portions of the Work caused by public traffic. The completed portions of the Work are not considered complete, and are not finally accepted for any other purposes under the Contract. If the Contractor disagrees with the Engineer’s findings, the Contractor may request a Region level review according to 00199.40(b). (1) Request for Relief - The Agency will only accept a request for relief from and will only assume responsibility for damages caused by public traffic, to the following completed portions of the Work:
The Agency will approve a request for the Agency to assume responsibility for damages to the completed portions of the Work caused by public traffic only under the following conditions:
(2) Scope of Relief - When the Agency assumes responsibility for damage to completed portions of the Work caused by public traffic any damages will be repaired by the Contractor on an Extra or Changed Work basis, or by Agency forces, or by other means as determined by the Engineer. If completed portions of the Work are damaged by public traffic before Final Inspection, and the Agency requires the Contractor to repair the damages, the Engineer will reimburse the Contractor for the Extra or Changed Work at 75% of the total amount calculated according to Section 00197. If completed portions of the Work are damaged by public traffic after Final Inspection, and the Agency requires the Contractor to repair the damages, the Engineer will reimburse the Contractor for the Extra or Changed Work at 100% of the total amount calculated according to Section 00197. If any additional Work is performed by the Contractor on completed portions of the Work for which the Agency has assumed responsibility for damages caused by public traffic, and the Work is performed outside of the approved stage construction Plans or approved traffic control Plans, the Contractor shall become fully responsible and liable, and shall make good all damages caused by public traffic at no additional cost to the Agency. (d) Vandalism - The Contractor shall provide reasonable protection of the Work from vandalism until Third Notification. If reasonable protection has been provided, the Contractor’s responsibility for damage resulting from vandalism will be limited to $5,000.00 per occurrence. Requests for reimbursement of amounts in excess of $5,000.00 shall be in writing and directed to the Engineer. Upon receipt, the Engineer will investigate, evaluate the amount of damages and their cause, and determine whether, and how much, the Contractor will be recompensed. SP180 (11-19-09) SECTION 00180 - PROSECUTION AND PROGRESS (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document.) Comply with Section 00180 of the Standard Specifications modified as follows: (Use the following subsection .21(d) on ARRA funded projects.) 00180.21(d) Terms of Subcontracts - Add the following paragraph to the end of the subsection: As required by the American Recovery and Reinvestment Act (ARRA) of 2009, all subcontracts (including subcontracts at all lower-tiers) shall include the provisions of 00170.06 concerning ARRA Participation. In addition, all subcontracts shall require job recruitments to be published through "WorkSource Oregon" unless the subcontractor fills a job opening with a present employee, a laid-off former employee, or a job candidate from a previous recruitment. Add the following subsection: 00180.21(g) Mentor-Protégé Agreement - If the Contractor enters into a subcontract with an Emerging Small Business (ESB) subcontractor, the Agency may offer the Contractor and its ESB subcontractor an opportunity to enter into a project specific Mentor Protégé Agreement. The project specific Mentor Protégé Agreement will be paid for and specified by Change Order. (Use the following subsection .40(b) when limitations prevent all contractor work before a specified date. Fill in the specific date.) 00180.40(b) On-Site Work - Add the following paragraph to the end of the subsection: The Contractor shall not begin On-Site Work before ___(Date)____, unless approved by the Engineer. (Use the following lead in sentence and subsection .40(c) when limitations are included in the Special Provision. Delete the limitations that do not apply.) Add the following subsection: 00180.40(c) Specific Limitations - Limitations of operations specified in these Special Provisions include, but are not limited to, the following: Limitations Subsection Cooperation with Utilities 00150.50 Cooperation with Other Contractors 00150.55 Railway Work 00170.01(e) Contract Completion Time 00180.50(h) Right-of-Way and Access Delays 00180.65 Traffic Lane Restrictions 00220.40(e) Special Events 00220.40(e) In-water Work Restrictions 00290.34(a) Noise Control 00290.32
The supplemental "look ahead" Project Work schedule shall be written in common terminology and show the planned Work activities broken down into logical, separate activities by area, stage, and size and include the following information:
At a minimum, the Contractor shall prepare a bar chart that:
Include the Contract name, Contract number, Contractor’s name, and date of issue on each page of the bar chart. The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First Notification and continuing each week until Second Notification has been issued and all punch list items and final trimming and clean up has been completed. The Contractor shall meet with the Engineer each week to review the supplemental "look ahead" Project Work schedule. If the Engineer or the Contractor determines that the current supplemental "look ahead" Project Work schedule requires changes or additions, either notations can be made on the current schedule or the Engineer may require the submittal of a revised supplemental "look ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the Contract. (Obtain the type of schedule ("A", "B", or "C") from the project Scheduler. Insert the type in the blank.) In addition to the "look ahead" Project Work schedule, a Type _____ “B” schedule as detailed in the Standard Specifications is required on this Contract. (Use the following subsections .41(b-2) and .41(b-3-a) when a Type "B" Schedule is required.) [ Begin .41(b-2) and .41(b-3-a) ] 00180.41(b-2) Detailed Schedule - Replace the paragraph that begins "In addition to the above requirements…" with the following two paragraphs: In addition to the above requirements, and within 30 Calendar Days after the Notice to Proceed, the Contractor shall provide the Engineer one digital copy and four paper copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of the Work. The digital copy shall be compatible with MS Project 2003, Primavera P3, SureTrak Project Manager 3.0, or another scheduling program approved by the Engineer. Detailed work schedule activities shall including the following: Replace the paragraph that begins "Within 10 Calendar Days…" with the following paragraph: Within 10 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall meet to review the Project schedule as submitted. Within 10 Days of the review meeting the Contractor shall resubmit to the Engineer one digital and four paper copies of the Project schedule, including required revisions. 00180.41(b-3-a) Review with the Engineer - In the paragraph that begins "The Contractor shall evaluate…", replace the sentence that begins "The Contractor shall submit…" with the following sentence: The Contractor shall submit one digital and four paper copies of the updated bar chart to the Engineer within seven Days after the progress meeting, along with a progress report as required by "b." below. [ End .41(b-2) and .41(b-3-a) ] (Use the following subsection .42 when requested by the Region Utility Specialist.) 00180.42 Preconstruction Conference - Add the following paragraph to the end of this subsection: Before meeting with the Engineer for the preconstruction conference, hold a group utilities scheduling meeting with representatives from the utility companies involved with this project. Incorporate the utilities time needs into the Contractor's schedule submitted at the preconstruction conference. Add the following subsection: (Use one of the following four .50(h) subsection options, as appropriate. Fill in the blanks.) (Option 1. When on-site work is to be controlled, use the following.) 00180.50(h) Contract Time - Complete all Work to be done under the Contract before the elapse of ___ 150 Calendar Days, or not later than __________________, September 3, 2010, whichever occurs first. Recording of the elapse of Calendar Days will begin on the day the Contractor begins On Site Work as defined in 00110.20. (Option 2. When seeding establishment or plant establishment is required, use the following. Delete what does not apply. Remove parentheses.) 00180.50(h) Contract Time - Complete all Work to be done under the Contract, except for (seeding establishment) (and) plant establishment, not later than ____________________. (Option 3. When there are two completion times, use the following.) (If either durable pavement markings (00865) or high performance pavement markings (00866) are required, and the completion date is after September 15, check with the Scheduler and request two completion times.) (If permanent seeding (01030) or planting (01040) is required, and the completion date is outside the planting seasons (see 01030.43(b) or 01040.41 and .42), check with the Scheduler and request two completion times. Delete what does not apply. Remove parentheses.) 00180.50(h) Contract Time - There are two Contract Times on this Project as follows: (1) Complete all Work to be done under the Contract, except for __________________, not later than ____________________. (2) Complete all Work to be done under the Contract (, except for (seeding establishment) (and) plant establishment, ) not later than ________________. (Option 4. When none of the three options above apply, use the following.) 00180.50(h) Contract Time - Complete all Work to be done under the Contract not later than _____________________. (Use the following subsection .65 when right-of-way access delays are necessary. Fill in the blanks with the appropriate information.) 00180.65 Right-of-Way and Access Delays - Add the following paragraph: It is anticipated that the ending date of an anticipated delay for the following properties will be as shown:
(Use the following subsection .85(b) on projects that have one completion time. Select the dollar amount from the table listed below.) 00180.85(b) Liquidated Damages - Add the following paragraph: The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $__________ $600 per Calendar Day *. * Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis. (Use the following subsection .85(b) on projects that have two completion times. To determine the values to use, do the following: For the first value (first blank) calculate the total estimated biddable contract amount of all the work to be finished by the first completion date. For the second value (second blank), use the total estimated biddable contact amount. For the combined value (third blank), use the second value. Do not use a cumulative total for the third blank. [For example: (1) Complete all work to be done under the Contract, except paving, not later than July 1, 200x. (2) Complete all work to be done under the Contract not later than September 1, 200x. The total estimated contract amount is $2,100,000. The estimated biddable contract amount for paving is $300,000. To calculate the estimated biddable contract amount for the work to be finished by the first completion date for determining the value for the first blank; all work to be done ($2,100,000) except paving ($300,000) would be $1,800,000. From the table, the value to choose is $800. To determine the value for the second blank; all work to be done would be $2,100,000. From the table, the value to choose is $1,100. To determine the value for the third blank, use the second value which is $1,100.]) 00180.85(b) Liquidated Damages - Add the following paragraphs: There are two daily amounts of liquidated damages on this Project as follows: Liquidated damages for failure to complete the Work on time required by 00180.50(h-1) will be $ ________ per Calendar Day *. Liquidated damages for failure to complete the Work on time required by 00180.50(h-2) will be $ _________ per Calendar Day *. If liquidated damages should become payable concurrently under the combination of 00180.50(h-1) and (h-2), liquidated damages will be $ _________ per Calendar Day *. * Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis. (Use the following table to determine the liquidated damages to be filled in above. Delete the table when finished.) Engineers Estimate For More Than To and Including Liquidated Damages $ 0 $ 25,000 $ 50 25,000 50,000 100 50,000 100,000 300 100,000 500,000 600 500,000 1,000,000 700 1,000,000 2,000,000 800 2,000,000 5,000,000 1,100 5,000,000 10,000,000 1,200 10,000,000 20,000,000 2,000 20,000,000 30,000,000 2,700 30,000,000 ─ 3,400 (Use the following lead-in paragraph and subsection .85(c) on projects that have lane closures or road closures and where there is a need to have Liquidated Damages to encourage the Contractor to finish the work on time. Normal limits (weekend closure limitations) are listed in the 2008 Standard Specs subsection 00220.40(e). Any Specific limits for all appropriate closures must be inserted in the Special Provisions subsection 00220.40(e) Lane Restrictions.) Add the following subsection: 00180.85(c) Lane Closures and Road Closures - Lane closures and road closures beyond the limits specified will inconvenience the traveling public and will be a cost to the Agency. (Use the following subsection (1) when Liquidated Damage’s will be assessed. Check with the Designer. Remove the number and heading if no other closures are allowed.) (1) Lane Closures - It is impractical to determine the actual damages the Agency will sustain in the event traffic lanes are closed beyond the limits listed in 00220.40(e). Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 15 minutes, or for a portion of 15 minutes, per lane, for any lane closure beyond the limits listed in 00220.40(e). In addition to the liquidated damages, all added cost for traffic control measures, including flagging, required to maintain the lane closures beyond the allowed time limits, will be at no additional cost to the Agency. The required traffic control measures will be as determined by the Engineer. The Engineer will determine when it is safe to reopen lanes to traffic. Assessment of liquidated damages will stop when all lanes have been safely reopened. Any liquidated damages assessed under these provisions will be in addition to those listed in 00180.85(b). (Use the following subsection (2) on projects that have limited access roadways and allow the Rolling Slowdown Method of traffic control listed in 00220.40(g). Renumber if appropriate and delete ", but not in addition to (1) above".) (2) Rolling Slowdown Closures - It is impractical to determine the actual damages the Agency will sustain in the event traffic lanes are closed by the Rolling Slowdown Method. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $500 per 20 minutes, or for a portion of 20 minutes, per lane, for any lane closure beyond the 20 minute limit listed in 00220.40(g). In addition to the liquidated damages, any added cost for traffic control measures, including flagging or pilot cars, required to maintain the lane closures beyond the allowed time limits, will be at no additional cost to the Agency. The required traffic control measures will be as determined by the Engineer. The Engineer will determine when it is safe to reopen lanes to traffic. Assessment of liquidated damages will stop when all lanes have been safely reopened. Any liquidated damages assessed under these provisions will be in addition to those listed in 00180.85(b), but not in addition to (1) above. SP190 (03-31-08) SECTION 00190 - MEASUREMENT OF PAY QUANTITIES (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document.) (Use the following paragraph when 00190.20(f-2) and 20(g) are NOT included in the project.) Comply with Section 00190 of the Standard Specifications. (Use the following lead-in paragraph when 00190.20(f-2) and 20(g) are included in the project.) Comply with Section 00190 of the Standard Specifications modified as follows: (Use the following subsections .20(f-2) and .20(g) when materials are to be weighed to determine pay quantities.) 00190.20(f-2) Scale Without Automatic Printer - Add the following sentence after the first paragraph: Pay costs for the weigh witness at $35.00 per hour. 00190.20(g) Agency-Provided Weigh Technician - Add the following paragraph after the bullet list: Pay costs for the weigh technician at $35.00 per hour. SP195 (03-26-09) SECTION 00195 - PAYMENT (Follow all instructions. If there are no instructions above a subsection, paragraph, or sentence, then use the subsection, paragraph, or sentence on all projects. All other modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.) Remove all instructions before preparing the final document) Comply with Section 00195 of the Standard Specifications modified as follows: (Use the following subsection .10 on projects that have at least 150 tons of liquid asphalt.) [ Begin subsection .10 ] 00195.10 Payment for Changes in Materials Costs - Replace this subsection with the following subsection: 00195.10 Asphalt Cement Material Price Escalation/De-escalation - An asphalt cement escalation/de escalation clause will be in effect during the life of the Contract. The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for suspension of the Work under 00180.70 and its rights for termination of the Contract under 00180.90, and this escalation/de-escalation provision shall not limit those rights. (a) Monthly Asphalt Cement Material Price (MACMP) - The Monthly Asphalt Cement Material Price (MACMP) will be established by the Agency each month. For information regarding the calculation of the MACMP, and for the actual MACMP, go to the Agency website at: http://www.oregon.gov/ODOT/HWY/ESTIMATING/asphalt_fuel.shtm If the Agency selected index ceases to be available for any reason, the Agency in its discretion will select and begin using a substitute price source or index to establish the MACMP each month. The MACMP will apply to all asphalt cement including but not limited to paving grade, polymer modified, and emulsified asphalts, and recycling agents. The Agency does not guarantee that asphalt cement will be available at the MACMP. (b) Base Asphalt Cement Material Price (Base) - The Base asphalt cement material price for this Project is the MACMP published on the Agency website for the month immediately preceding the bid opening date. (c) Monthly Asphalt Cement Adjustment Factor - The Monthly Asphalt Cement Adjustment Factor will be determined each month as follows:
Adjustment Factor = (MACMP) - (1.05 x Base)
Adjustment Factor = (MACMP) - (0.95 x Base) (d) Asphalt Cement Price Adjustment - A price adjustment will be made for the items containing asphalt cement listed below. The price adjustment as calculated in (c) above will use the MACMP for the month the asphalt is incorporated into the Project. The price adjustment will be determined by multiplying the asphalt incorporated during the month for subject Pay Items by the Adjustment Factor. The Pay Items for which price adjustments will be made are: Pay Item(s) (List all pay items in which price adjustments apply. Add or delete pay items as appropriate.) __________ Asphalt in _________ HMAC Emulsified Asphalt in Fog Coat Emulsified Asphalt for Tack Coat Asphalt in Emulsified Asphalt Surface Treatment Asphalt in Multiple Application Emulsified Asphalt Surface Treatment Emulsified Asphalt in Mixture Recycling Agent [ End subsection .10 ] (Use the following lead-in paragraph and subsection .11 on projects with estimated fuel usage in excess of 25,100 gallons. The estimated fuel usage is for the major items that are listed for coverage under this specification. The Fuel Escalation Worksheet is available at: http://www.oregon.gov/ODOT/HWY/ESTIMATING/manuals_forms_etc.shtml ) Add the following subsection: [ Begin subsection .11 ] 00195.11 Fuel Cost Price Escalation/De-escalation - A fuel escalation/de escalation clause will be in effect during the life of the Contract. The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for suspension of the Work under 00180.70 and its rights for termination of the Contract under 00180.90, and this escalation/de escalation provision shall not limit those rights. (a) Monthly Fuel Price (MFP) - A Monthly Fuel Price (MFP) will be established by the Agency each month. For the actual MFP, go to the Agency website at: http://www.oregon.gov/ODOT/HWY/ESTIMATING/asphalt_fuel.shtml The MFP for a given month will be the average weekly price obtained from the OPIS weekly listing dated the first Monday of that month for No. 2 diesel fuel for Portland, Oregon. Prices are based solely on rack and resellers' prices exclusive of freight, taxes, and special discounts. If the average weekly price is not posted by OPIS or is otherwise not available to the Agency for the first Monday of any month for any reason, the Agency may use the average weekly price posted by OPIS immediately before or after the first Monday of that month. If the average weekly prices cease to be available from OPIS for any reason, the Agency in its discretion will select and begin using a substitute price source or index to establish the MFP each month. The Agency does not guarantee that fuel will be available at the MFP. (b) Base Fuel Price (Base) - The Base fuel price for this Project is the MFP published on the Agency website for the month immediately preceding the bid opening date. (c) Monthly Fuel Adjustment Factor - A Monthly Fuel Adjustment Factor will be determined each month as follows:
Adjustment Factor = (MFP) - (1.25 x Base)
Adjustment Factor = (MFP) - (0.75 x Base) (d) Fuel Price Adjustment - A fuel price adjustment for fluctuations in the cost of fuel will apply only to the major fuel usage Pay Items shown in the following list and at the respective fuel factors listed: (Use the Fuel Escalation Worksheet to determine the types of work in which fuel factors apply. From the worksheet, determine all the appropriate pay items and, except for bridges and structures, list them by pay item under the "Item" column. All associated pay items for each bridge and each structure are included in individual "Bridge No." and/or "Structure No." line items. (Do not break out individual bridge or structure bid items.) List each bridge and structure separately. Also include units for the fuel factor value such as xx gallons/ton, xx gallons/sq. ft) and xx gallons/cu. ft., where xx is the fuel factor.) Item Fuel Factor ______ Gal/____ ______ Gal/____ (Use the following paragraph and list for bridges and structures. Copy and paste the list as necessary. Delete what does not apply.) All pay items associated with the following bridges and structures: Bridge No. _______ ______ Gal/$_____ Bridge No. _______ ______ Gal/$_____ Structure No. _______ ______ Gal/$_____ Structure No. _______ ______ Gal/$_____ The Contractor is cautioned to consider that its operations may require more or less fuel. A price adjustment () to the Contractor for fuel cost changes will be made monthly if the Monthly Fuel Price differs 25% or more from the Base Fuel Price. This adjustment will be the product of the Monthly Fuel Adjustment Factor and the estimated Monthly Fuel Used. The Monthly Fuel Used will be determined by multiplying the quantities of Work accomplished during the month for subject Pay Items, by the appropriate Fuel Factors. (Use the Fuel Escalation Worksheet to determine fuel requirements.) Fuel requirements for constructing the Project have been estimated at ___________ gallons, based on fuel factors shown. If the Contractor elects to use an alternate fuel (natural gas, wood pellets, propane, or other), the estimated fuel requirements will not be revised. Fuel cost adjustments will continue to be made as specified and will not be revised. [ End subsection .11 ] (Use the following subsections .12(a) and .12(d) when there are qualifying Pay Items to list under this subsection. The Cost Estimator/Designer will determine which items are eligible from the Steel Escalation/De-Escalation Worksheet. The worksheet is available at: http://www.oregon.gov/ODOT/HWY/ESTIMATING/manuals_forms_etc.shtml Fill in the table, in .12(d), with only those Pay Items which the Cost Estimator/Designer has determined are eligible from the Steel Escalation/De Escalation Worksheet.) 00195.12(a) Steel Material Price Escalation/De-Escalation Participation - In the sentence that begins "Before or within…" of the paragraph that begins "The Contractor may select…", replace the words "five business days" with "seven Calendar Days". 00195.12(d) Steel Materials Pay Item Selection - Add the following to the end of this subsection: The Contractor may elect to participate in the steel escalation/de-escalation program for this Project under 00195.12 through 00195.12(d) by marking each check box for each Pay Item in the list below the Contractor is selecting for participation in the program. The completed list must be submitted in writing, signed and dated by the Contractor, to the Project Manager before or within seven Calendar Days after the date of the preconstruction conference. Yüklə 0,6 Mb. Dostları ilə paylaş:
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