For highway construction oregon department of transportation salem, oregon


Professional of Record Certification(s)



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Professional of Record Certification(s):


Seal w/signature

I certify the Special Provision Sections listed below were prepared by me or under my supervision:

Section ____(fill in section number(s) here)_____





Signature



I also acknowledge compliance with Part 2(b) and Part 2(e) of the "Modified Exemption from DOJ Legal Sufficiency Review and Approval for ODOT Highway Construction Contracts" dated July 11, 2008.

Seal w/signature

I certify the Special Provision Sections listed below were prepared by me or under my supervision:

Section ____(fill in section number(s) here)_____





Signature



I also acknowledge compliance with Part 2(b) and Part 2(e) of the "Modified Exemption from DOJ Legal Sufficiency Review and Approval for ODOT Highway Construction Contracts" dated July 11, 2008.

OREGON DEPARTMENT OF TRANSPORTATION


SPECIAL PROVISIONS
FOR
(Fill in the blanks with the appropriate job information. Remove all instructions when finished.)
_____(Kind of Work (as shown on plans))_____

__________________ Section

__________________ Highway

_________________ County


(The POR stamps, signs, and fills in section numbers in the Professional of Record Certification below according to ODOT Technical Services Bulletin TSB 06 02(B) and also signs the acknowledgement of compliance below. Delete all extra certification lines and pages.)
Professional of Record Certification(s):


Seal w/signature

I certify the Special Provision Sections listed below were prepared by me or under my supervision:

Section ____(fill in section number(s) here)_____





Signature



I also acknowledge compliance with Part 2(b) and Part 2(e) of the "Modified Exemption from DOJ Legal Sufficiency Review and Approval for ODOT Highway Construction Contracts" dated July 11, 2008.

Seal w/signature

I certify the Special Provision Sections listed below were prepared by me or under my supervision:

Section ____(fill in section number(s) here)_____





Signature



I also acknowledge compliance with Part 2(b) and Part 2(e) of the "Modified Exemption from DOJ Legal Sufficiency Review and Approval for ODOT Highway Construction Contracts" dated July 11, 2008.


SP002 (03-31-08)
SPECIAL PROVISIONS
WORK TO BE DONE
(Describe project name, highway, location, and County of work and list major items of work. Modify as needed. Add items as necessary. Number the last work item, "Perform additional…".)
The Work to be done under this Contract consists of the following on the __________________________ NW Strassel Rd to West Fork Dairy Creek Section of the _______________ Sunset Highway ________________ in _____________ MultnomahWashington County:
1.  Construct ___________ Install permanent signing.

2.  Construct ___________ InstallModify highway illumination systems.

3.  Install ______________ Install flashing beacon system.

4. Install radar detection system.

5. Install variable speed sign system.

6. Install CCTV cameras.

7.  Perform additional and incidental Work as called for by the Specifications and Plans.
(Use the following "Authority of Consultant" heading and paragraph when a Consultant is performing the construction engineering.)
AUTHORITY OF CONSULTANT
The consultant will be directly in charge of the Project. However, his authority on this Project is as designated in the official "Consultant Agreement" for this Project, and as designated by the Engineer. This does not include authority to approve contract changes or semifinal and final inspection of the Project.
APPLICABLE SPECIFICATIONS
The Specification that is applicable to the Work on this Project is the 2008 edition of the "Oregon Standard Specifications for Construction".
All number references in these Special Provisions shall be understood to refer to the Sections and subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and to Sections and subsections contained in these Special Provisions in their entirety.
CLASS OF PROJECT
(Delete the word which does not apply. Remove the parentheses.)
This is a (Federal-Aid) (State) Project.

SP110 (03-31-08)
SECTION 00110 - ORGANIZATION, CONVENTIONS,

ABBREVIATIONS AND DEFINITIONS
(Any modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.))
Comply with Section 00110 of the Standard Specifications.

SP120 (12-10-09)
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
(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 00120 of the Standard Specifications modified as follows:
00120.05  Request for Solicitation Documents - Add the following to the end of this subsection:
(Use the following paragraph and "fill-in-the-blank" lines when the plans are separate. Fill in the blanks with information exactly as it appears on the plan title sheet. Remove underlines and parentheses.)
The Plans, which are applicable to the Work to be performed under the Contract, bear title and date as follows:
" ____ (Scope of Work) ____Signing, Illumination, and Signals

____ (Project Name) ____US26: Staley’s Junction Variable Speed Signs

____ (Highway Name) ____Sunset Highway

____ (County) ____MultnomahWashington County

____ (Bid Date) ____March 4, 20109 "
(Use the following paragraph when the plans are included at the end of these Special Provisions.)
The Plans, which are applicable to the Work to be performed under the Contract, are included in these Special Provisions.
(Use the following subsection .70 on Federal funded projects.)
00120.70  Rejection of Nonresponsive Bids - Add the following bullet to the end of the bullet list:


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



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.

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:
Add the following subsection:
00130.40(e)  Tax Identification Number - The successful Bidder shall furnish the Agency the Bidder's Federal Tax Identification Number.


(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:


  • Example: Class 3 Preparation for bridge deck resurfacing





SP150 (01-14-10)
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   Construction Surveying Work is included. Check with Designer. Modify as instructed below.)
[ Begin subsections .15(b) and .15(c) ]
00150.15(b)  Agency Responsibilities - Replace this subsection, except for the subsection number and title, with the following:
(Use the following paragraph when the Contractor will perform slope staking, clearing limit staking, and right of way and easement staking.)
The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.5 (see Section 00305).
(Use the following two paragraphs when the Agency will perform slope staking, clearing limit staking, and right of way and easement staking.
The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.5 (see Section 00305) and the following:
Perform earthwork slope staking including intersections and matchlines and set stakes defining limits for clearing which approximate right-of-way and easements.
00150.15(c)  Contractor Responsibilities - Replace this subsection, except for the subsection number and title, with the following:
(Use the following two paragraphs when the Contractor will perform slope staking, clearing limit staking, and right of way and easement staking.
The Contractor shall perform the Contactor responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305) and the following:
Perform earthwork slope staking including intersections and matchlines and set stakes defining limits for clearing which approximate right-of-way and easements.
(Use the following paragraph when the Agency will perform slope staking, clearing limit staking, and right of way and easement staking.)
The Contractor shall perform the Contractor responsibilities described in he Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305).
[ End subsections .15(b) and .15(c) ]
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. Verizon

Andrew Mulick (503) 526-3544

1. Verizon


2.
3.
4.
(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. PGE

Coordinate service disconnects with Agency at least 7 Calendar Days in advance. Agency to contact PGE to request service disconnect at least 72 hours in advance.
Coordinate new service connections and inspections with PGE and Washington County. PGE requirements will be available at the pre-construction meeting. Begin coordination with Tod Shattuck (PGE) at least two (2) months in advance to complete new service connections.
Contact Tod Shattuck at (503) 844-5354 or PGE Service Desk at (503) 736-5440.

1. (Utility company - "Gas Company")PGE Coordinate service connections with PGE.

(Contact person’s name and

phone number)Tod Shattuck, (503) 844-5354

tod.shattuck@pgn.com


(Use the following paragraph when high pressure gas lines exist On-Site.)
In the immediate area of the high pressure gas lines, when moving any equipment, excavating, driving piles, boring, or other road construction activities, increase the Reasonable Accuracy Zone from 24 inches, as defined in OAR 952-001-010, to 10 feet. Exceptions require written approval from the "Gas Company" and may require an On Site safety watcher, at no cost to the Contractor.
2. (Repeat as needed. - "Power Company")
(Use the following paragraph when power lines overhang Work areas.)
Energized power lines overhang portions of the Work with a minimum vertical clearance of 18 feet. Contractor shall maintain at least 10 feet of safety clearance.
3.
4.
This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1 800 332 2344).
(Use the following subsection .55 when there is an existing specific ODOT or Local Agency contract that will be performed within the project site and the Contractor is required to cooperate with the other ODOT or Local Agency contractor. List the contract name, the contractor's name, and On-Site contact number, and the estimated time the other specific contract work will be taking place within the project limits. Delete the example.)
00150.55  Cooperation with Other Contractors - The following contract work will be ongoing within the Project site during the following times:
Estimated Times

Contract Name (Contractor's Name) (From - To)
(For Example - Your project’s bid opening is July 4, 2005 so:)

(OR99E Howell Prairie Rd-Waconda Rd. Aug 2005 to Oct 31, 2005)

(Dewey Cheatum Inc. 541.679.5555 (On-Site))
(Use the following subsection .60(a) when bridge weight limits are required by 00220.45.)
00150.60(a)  Load and Speed Restrictions for Construction Vehicles and Equipment   Add the following bullet to the end of the bullet list:


  • The Contractor shall restrict the combined weights of construction vehicles, Equipment, and Materials on Bridges according to 00220.45.


(Use the following subsection .91 on projects when a mandatory post construction meeting is required.)
00150.91  Post-Construction Review - Replace this subsection, except for the subsection number and title, with the following:
The Contractor shall attend a Post-Construction Review meeting to be held by the Agency prior to issuance of Third Notification but not earlier than 15 Days following the date of Second Notification. The time and place of this meeting will be announced by the Engineer at least 15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible process improvements that may benefit future projects. The Contractor’s attendance at the Post-Construction Review meeting is mandatory.

SP160 (03-31-08) (This Section may require SP235.)
SECTION 00160 - SOURCE OF MATERIALS
(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 00160.30 and .40 are NOT included in the project.)
Comply with Section 00160 of the Standard Specifications.
(Use the following lead-in paragraph when subsections 00160.30 or .40 is included in the project.)
Comply with Section 00160 of the Standard Specifications modified as follows:
(Use the following subsection .30 when the Agency will furnish items or materials other than material from a borrow source - for example: poles, timbers, guardrail, etc. Give the location where the items/materials may be picked up. Delete the parenthesed words and parentheses as needed. For aggregates and other similar materials, use 00160.40.)
00160.30  Agency-Furnished Material - The Agency will furnish the listed items at the ODOT Manning Maintenance Station, 48400 NW Sunset Highway, Banks, OR 97106. Contact (Project Site:) (following locations:)
Kelvin Kohanes at (503) 324-7112 to schedule pick-up.

    Pelco Analog Camera (SD435-PG-E1)

    Axis 241S Encoder



    Digi 3G ConnectPort WAN

Camera

  • 3 ea. Panasonic WV-CP484 Camera

  • 3 ea. Tameron 5.0mm-50mm 1:1.4 1/3 CCTV CS Aspherical Lens

  • 3 ea. Pelco EH3512-1 Housing

  • 3 ea. Pelco EM1450 Mount with Pole Adapter (PA 101)



Video Encoder

  • 3 ea. Optelecom C-50E-MC-SA (configured by Agency)



Video Decoder

  • 1 ea. Optelecom S-44D (rack mount)



Cell Router

  • 2 ea. RuggedCom RX1000-F-HI-24-XX-XX-XX-TX01-TX01-S01-W20 with conformal coating (configured by Agency) including dual band antenna 99-01-0001-001



(Use the following subsection .40 on projects for Agency-furnished material sources. Include SP235 when using this subsection.)
00160.40  Agency-Furnished Sources - Replace this subsection, except for the subsection number and title, with the following:
Agency-Furnished Sources for this Project are listed in Section 00235 of these Special Provisions.

SP165 (03-31-08)
SECTION 00165 - QUALITY OF MATERIALS
(Any modifications to this Section will require Department of Justice approval. (See the Specification Manual, Chapter 3.))
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:


  • To examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and



  • To interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions.

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:


  • The provision of FHWA Form 1273, "Required Contract Provisions Federal Aid Construction Contracts with the exception that the introductory paragraph of Sections IV and V which states "(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.)" is replaced with the following introductory paragraph:



(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts.)



  • ORS 279C.520 (see (a) of this subsection) and ORS 279C.540


[ 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:


  • For Region designed projects, contact the Project Team Leader

  • For Consultant designed projects, contact the ODOT Consultant Project Manager

  • For Local Agency designed projects, contact the ODOT Local Agency Liaison)


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 $_____________$1,000,000 $____________$2,000,000
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.)


  • With Asbestos Liability Endorsement or separate coverage



  • With Lead Liability Endorsement or separate coverage


(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:


  • The City of ______________________ and its officers, agents, and employees

  • ______________________ City Council

  • ______________________ County and its officers, agents, and employees

  • ______________________ County Board of Commissioners

  • _______(Consultant)_______________________


(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:


  • The City of ______________________ and its officers, agents, and employees

  • ______________________ City Council

  • ______________________ County and its officers, agents, and employees

  • ______________________ County Board of Commissioners

  • _______(Include on the Project site Consultant only)___________


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:


  • Acts of God or Nature, as defined in Section 00110; or

  • Actions of governmental authorities.


(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:


  • A segment of Roadway, drainage facilities, Slopes, lighting, traffic control devices and access facilities;

  • A Bridge or other Structure within a segment of Roadway;

  • Traffic signals and appurtenances at an intersection;

  • Permanent, passive traffic control devices;

  • Complete circuits of a highway lighting system; and

  • Portions of a building open to public use.

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:




  • The completed portions of the Work are completed according to Contract Change Orders, the Contract Plans or approved stage construction Plans;

  • The traffic control complies with approved traffic control Plans; and

  • All required Materials conformance and quality compliance documents pertaining to the completed portions of the Work are on file with the Engineer (see Section 00165).


(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
(Use the following paragraph when limitations prevent contractor work within the limits of the project, before a specified date or for a duration. Fill in the specific dates.)
The drawbridge may be temporarily closed to river traffic from ­___(Date)____, to ___(Date)____ .
Be aware of and subject to schedule limitations in the Standard Specifications that are not listed in this subsection.
00180.41  Project Work Schedules - After the paragraph that begins "Contractor’s activity…" add the following paragraphs:
The Contractor shall submit a supplemental "look ahead" Project Work schedule each week to the Engineer. The "look ahead" Project Work schedule is supplemental to the Type A, B, or C schedule specified below. The supplemental "look ahead" Project Work schedule shall:


  • Identify the sequencing of activities and time required for prosecution of the Work.

  • Provide for orderly, timely, and efficient prosecution of the Work.

  • Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract responsibilities.

The supplemental "look ahead" Project Work schedule shall be written in common terminology and show the planned Work activities broken down into logical, separate activities by area, stage, and size and include the following information:




  • The resources the Contractor, subcontractors, or services will use.

  • The locations of each activity that will be done including the limits of the work by mile posts, stations, or other indicators.

  • The time frames of each activity by Calendar Days, shifts, and hours.

  • All anticipated shoulder, lane, and road closures.

At a minimum, the Contractor shall prepare a bar chart that:




  • Shows at least three weeks of activity including the week the bar chart is issued.

  • Uses a largest time scale unit of one Calendar Day. Smaller time scale units may be used if needed.

  • Is appropriate to the activities.

  • Identifies each Calendar Day by month and day.

Include the Contract name, Contract number, Contractor’s name, and date of issue on each page of the bar chart.


The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First Notification and continuing each week until Second Notification has been issued and all punch list items and final trimming and clean up has been completed. The Contractor shall meet with the Engineer each week to review the supplemental "look ahead" Project Work schedule. If the Engineer or the Contractor determines that the current supplemental "look ahead" Project Work schedule requires changes or additions, either notations can be made on the current schedule or the Engineer may require the submittal of a revised supplemental "look ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the Contract.
(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 “_____ A” 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 ___ Calendar Days, or not later than __________________, 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 _____________________.AugustSeptember 10August 27 31, 2010.
(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:


  • File ___(R/W file number) (Stations right and left)____ not later than ___(Date)___.


(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 $__________ $700 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:


  • If the MACMP is within ± 5% of the Base, there will be no adjustment.



  • If the MACMP is more than 105% of the Base, then:



Adjustment Factor = (MACMP) - (1.05 x Base)


  • If the MACMP is less than 95% of the Base, then:



Adjustment Factor = (MACMP) - (0.95 x Base)
(d)  Asphalt Cement Price Adjustment - 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:


  • If the MFP is within ± 25% of the Base, there will be no adjustment.



  • If the MFP is more than 125% of the Base, then:



Adjustment Factor = (MFP) - (1.25 x Base)



  • If the MFP is less than 75% of the Base, then:



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.


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