SOLICITATION DOCUMENTS OREGON INTERNATIONAL ...

111520412.2 0068323-00003

SOLICITATION DOCUMENTS

OREGON INTERNATIONAL PORT OF COOS BAY COOS BAY, OREGON

COOS BAY RAIL LINE

STEEL BRIDGES REPAIR PROJECT

BID DUE DATE: March 09, 2022

111520412.2 0068323-00003

COOS BAY RAIL LINE STEEL BRIDGES REPAIR PROJECT

TABLE OF CONTENTS

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

00120 INVITATION TO BID 00120.01 INSTRUCTIONS TO BIDDERS 00120.10 BID DOCUMENTS 00120.11 SAMPLE CONTRACT

DRAWINGS – See Exhibit B to the Contract for a list of Drawings. SPECIFICATIONS – See Exhibit C to the Contract for a list of Specifications.

Coos Bay Rail Line STEEL BRIDGES REPAIR PROJECT

INVITATION TO BID 00120 - 1

Oregon International Port of Coos Bay January 2022 111520412.2 0068323-00003


SECTION 00120 – INVITATION TO BID

RECEIPT OF BIDS

Sealed Bids for the Steel Bridges Repair Project will be received by The Oregon International Port of Coos Bay represented by John Burns, Chief Executive Officer, or his designee. Bids for the Work for this Project will be received at the offices of The Oregon International Port of Coos Bay, 125 W. Central Avenue, Suite 300, Coos Bay, OR 97420 until 2:00 p.m. Pacific time, on the 9th day of March 2022, and shortly thereafter the Bids will be opened and the names of the Bidders will be read aloud at the same address. The Bid amounts and Bids will not be available for public inspection or read aloud until after all first-tier Subcontractor disclosure Bid forms are received or the deadline for submission of first-tier Subcontractor disclosure Bid forms has expired (4:00 p.m.), whichever occurs first. Electronic or faxed Bid proposals will not be accepted. The Port will not be responsible for unreadable or misdirected Bids. Bidders must submit their Bids on the forms provided by the Port in the Solicitation Documents. Partial Bids will be considered non-responsive. All Bidders are required to participate in a mandatory pre-Bid meeting and site visit on the Coos Bay Rail Line (CBRL) and any Bid received from a Bidder who did not participate in this mandatory pre-Bid meeting shall be rejected by the Port. The mandatory pre-Bid meeting and site visit is scheduled on January 26, 2022 at 10:00 a.m. Attendees will initially meet at the Coos Bay Rail Line, Mapleton depot parking lot (Corner of Highway 126 and Highway 36) in Mapleton, Oregon and proceed from there. Bidders attending the pre-Bid meeting and site visit should come prepared to encounter inclement weather and should bring their Personal Protection Equipment (PPE) (hard hat, safety vest, steel-toed boots, protective eye-wear, and any other mandated FRA personal safety equipment) to the inspection. Conditions may be wet and muddy, and rubber or waterproof boots are recommended. The bridges will be accessed via hi-rail vehicles. The Port will not provide any transportation. Fall protection equipment is not required and no climbing on the bridges will be allowed. Site access will be limited to two (2) individuals per firm. Questions about the mandatory pre-Bid meeting and site visit should be directed to Rick Adamek at 541-267-7678 or [email protected]. Questions will not be answered during the mandatory pre-Bid meeting and site visit. All questions shall be submitted in writing to the Port. Any statements made by Port representatives at the mandatory pre-Bid meeting and site visit are not binding on the Port unless confirmed by written addendum.

mailto:[email protected].




GENERAL DESCRIPTION OF WORK

This Project consists of various steel repairs, installation of new and/or replacement components, creation of new wingwalls, installation of some new ties and rail, and reinforcement of existing components, at multiple locations. The Contractor will be required to perform the following scopes as more fully described in the Contract Drawings and Special Provisions. SOLICITATION SCHEDULE

ITB Release January 11, 2022

Mandatory Pre-Bid Meeting and Site Visit January 26, 2022, 10:00 a.m.

Requests for Clarification/Solicitation Protest Due Date February 09, 2022, 5:00 p.m.

Bid Due Date and Public Opening March 09, 2022 2:00 p.m.

Notification of Intent to Award March 16, 2022

Anticipated Award Date March 24, 2022

The Port may, in its sole discretion, revise these dates. DOCUMENT EXAMINATION AND PROCUREMENTS

The Bidding and Contract Documents will be sent electronically to Bidders. Hard copies of the Solicitation Documents may be examined at the office of the Oregon International Port of Coos Bay, 125 W. Central Avenue, Suite 300, Coos Bay, OR 97420. Prospective Bidders may request Bidding and Contract Documents from the Port by contacting Rick Adamek at 541-267-7678 or [email protected]. Hard copies of Solicitation Documents can be provided upon request. TYPE OF BID

Bid amount shall be the sum of several lump sum bid items, as well as some Additional Scope Items that will be optional based upon the overall base price, as set forth on the Bid Form. Quantities, if any, identified in the drawings and/or specifications are provided for information only and the Port does not guarantee the accuracy of such quantities. Any Bidder relying on such quantities does so at Bidder’s own risk. By submitting a Bid, Bidders are certifying that they sufficiently understand the nature of the Work and will hold their Bids firm for up to 120 days following receipt of the Bid. BID SECURITY

Each Bid shall be accompanied by Bid security as described in Paragraph 7.1, Section 00120.01.

mailto:[email protected]




NOTICE OF INTENT TO AWARD

Notice of Intent to Award, if given, is conditional pending execution of the Contract between the Port and the Successful Bidder. Bidder acknowledges, by submission of a Bid, that it is willing to enter into a Contract with the Port based on the contents of these Solicitation Documents, including the Sample Contract contained in Section 00120.11. All Subcontractors will be required to adhere to the same conditions, specifications, and certifications as agreed upon between the Port and the Successful Bidder.

PORT’S RESERVATION OF RIGHTS

The Port reserves the right, in its sole discretion:

1. to reject Bids which it determines to be non-responsive;

2. to reject Bids upon the Port’s finding that the Bidder:

a. has been declared ineligible under ORS 279C.860 by the Commissioner of Bureau of Labor and Industries;

b. has been identified by the Oregon Construction Contractors Board as ineligible to hold public contracts in accordance with ORS 701.227; or

c. is not responsible;

3. to reject all Bids;

4. to amend the Solicitation Documents, including but not limited to making such changes or corrections in drawings, specifications or quantities as it may deem necessary or desirable prior to the Bid due date;

5. to extend the deadline for submitting Bids;

6. to determine whether a Bid does or does not substantially comply with the requirements of the Solicitation Documents;

7. to waive any minor irregularity, informality, or non-conformance with the Solicitation Documents;

8. to obtain information from or provide information to other public agencies, upon request, regarding the Bidder’s performance;

9. to permit a Bidder to submit supplemental information;

10. to negotiate with any Bidder or multiple Bidders in any manner necessary to serve the best interests of the Port;




11. at any time prior to the Contract execution (including after the Notice of Intent to Award is issued):

a. to reject any Bid that fails to substantially comply with all prescribed solicitation requirements and procedures and/or the prescribed public contracting procedures and requirements, including but not limited to the requirement to demonstrate the Bidder’s responsibility under ORS 279C.375; and/or

b. to reject all Bids received and cancel this solicitation upon a finding by the Port that there is good cause therefor and that such cancellation would be in the public interest;

12. to hold meetings, exchange correspondence, and obtain data from any source or party, including a Bidder; and

13. in the event any Bidder to whom the Contract is awarded shall fail to execute the Contract or furnish satisfactory bonds or evidence of insurance coverage within the time and in the manner hereinafter specified, to re-award the Contract to another Bidder.

ALL BIDDERS WHO SUBMIT A RESPONSE TO THIS SOLICITATION UNDERSTAND AND AGREE THAT THE PORT IS NOT OBLIGATED TO AWARD A CONTRACT TO ANY BIDDER. THE PORT HAS NO FINANCIAL OBLIGATION TO ANY BIDDER. IN ADDITION, EACH BIDDER UNDERSTANDS AND AGREES THAT THE PORT SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, EXPENSES, AND COSTS INCURRED IN PREPARING A BID, SUBMITTING A BID IN RESPONSE TO THIS ITB, ATTENDING ANY MEETINGS, AND EXECUTING A CONTRACT. EACH BIDDER WHO PREPARES AND SUBMITS A BID IN RESPONSE TO THIS SOLICITATION DOES SO SOLELY AT THE BIDDER’S OWN COST AND EXPENSE.

PREVAILING WAGES AND COMPLIANCE WITH STATE/FEDERAL LAW

This Project is a public improvement project under Oregon law, and no person shall be employed for the Work as described herein in violation of any wage and hour laws and no person may be employed in violation of any provision of ORS 279C.520, ORS 279C.540, and Oregon’s prevailing wage statutes (ORS 279C.800 et seq.) and regulations (OAR Chapter 839, Division 025). The Port will not receive or consider a Bid unless the Bidder states that the Bidder agrees to be bound by and comply with the provisions of ORS 279C.838 or 279C.870 or 40 U.S.C. 3141 et seq.

The Successful Bidder shall pay each worker in each trade or occupation employed to perform any Work under the Contract not less than the existing State (BOLI) prevailing wage rate as set forth in the Prevailing Wage Rates for Public Works Contracts effective January 1, 2022 (which can be found at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx) or the applicable federal prevailing wage rate required under the Davis-Bacon Act (40 U.S.C. 3141 et seq.) (which can be found at https://beta.sam.gov/content/wage-determinations), whichever is higher. The Successful Bidder shall include this provision in all subcontracts.

Modifications or amendments to the Davis-Bacon and BOLI wage rates applicable to this Project may occur any time before Bid opening. Bidders are responsible to monitor the Davis-Bacon and

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

https://beta.sam.gov/content/wage-determinations




BOLI web pages for modifications and amendments up until Bid opening.

All Bidders who submit a Bid agree to be bound by all applicable provisions of Oregon law, including but not limited to ORS Chapters 279A, 279B, and 279C. FUNDING REQUIREMENTS

This Project is funded by a combination of Oregon State and Federal Grant funds. Project Work and contracting must be carried out in compliance with all U.S. Department of Transportation and Oregon Department of Transportation funding requirements.

The Port, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

OREGON INTERNATIONAL PORT OF COOS BAY

DATE: January 10, 2022.

John Burns, Chief Executive Officer.

END OF SECTION


INSTRUCTIONS TO BIDDERS 00120.01 - 6



SECTION 00120.01 – INSTRUCTIONS TO BIDDERS

The following general notes and specific information shall govern the Bid development and submission process:

1. Defined Terms

Terms used in the INSTRUCTIONS TO BIDDERS have the meanings assigned to them as follows:

1.1 “Port” or “Owner” shall refer to Oregon International Port of Coos Bay.

1.2 “Engineer” shall refer to the Port, or the Port’s duly authorized engineering

representative, Stantec Consulting Services, Inc., responsible for the monitoring of construction activities and protection of the interest of the Port during construction.

1.3 “Bid” means a competitive offer, binding on the Bidder and submitted in response to an invitation to Bid.

1.4 “Bid Documents” shall mean all documents in Section 00120.10.

1.5 “Bidder” shall refer to the prospective construction contractor that is submitting a Bid to Port for performance of construction activities to complete the Project as described in the specifications and Contract Documents, as distinct from a Subcontractor, who submits a Bid to a Bidder.

1.6 “FRA” shall mean the Federal Railroad Administration. 1.7 “Issuing Office” shall mean the Port, the office from which the Solicitation Documents

are to be issued and where the Bid procedures are to be administered. 1.8 “Solicitation Documents” shall mean all documents which define the procurement of

this Project, including, but not limited to, the Bid Booklet, Plans, Specifications, Special Provisions, and Addenda, and which includes all documents incorporated by reference.

1.9 “Successful Bidder” shall mean the lowest responsible and responsive Bidder who

submits a Bid and to whom Port (on the basis of Port’s evaluation as hereinafter




provided) makes an award of the contract for this Project.

2. Copies of Bidding Documents

2.1 Complete sets of the Solicitation Documents for the preparation of a Bid may be obtained from the Issuing Office as stated in the INVITATION TO BID.

2.2 Complete sets of the Solicitation Documents must be used in preparing Bids, and neither the Port nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation Documents, which specifically includes the full Invitation to Bid and all Bid Documents for this Project.

2.3 Port and Engineer in making copies of Solicitation Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use.

3. Responsibility of Bidders

3.1 Bidders should include the following information with their Bids:

3.1.1 Bidder will submit information about a minimum of three relevant projects

completed in the last 5 years. This information should include without limitation the project owner name, address, reference name, title and contact information, the contract value, month and year the project was completed, whether the Bidder was a prime contractor or subcontractor, and a reasonably detailed description of the work performed by the Bidder.

3.1.2 The construction experience of the principal individuals of Bidder, including

but not limited to the name, present position, number of years working for Bidder, number of years of construction experience and type(s) of construction experience.

3.1.3 The construction experience of the Bidder’s project team, including but not limited to the project manager(s), superintendent(s), and other team members along with their names, present position, number of years working for Bidder, number of years of construction experience and type(s) of construction experience.

3.1.4 The Bidder’s (or Bidder’s rail track Subcontractor’s) rail track construction experience, including information about a minimum of three relevant projects completed in the last five years. This information should include without




limitation the project owner name, address, reference name, title and contact information, the contract value, month and year the project was completed, whether the Bidder was a prime contractor or subcontractor, whether the work involved a railroad bridge, whether the Bidder (or Bidder’s rail track Subcontractor) is a member of the National Railroad Construction and Maintenance Association, and a reasonably detailed description of the railroad work performed by the Bidder (or Bidder’s rail track Subcontractor).

3.1.5 Provide a general description or actual copy of Bidder’s safety and drug and alcohol programs (including program compliance with FRA CFR 219), as well as Bidder’s most recent Workers Compensation Insurance experience modifier. Provide a general description or actual copy of Bidder’s safety training programs regarding compliance with FRA CFR 243.

3.1.6 Bidder’s per project and aggregate bonding capacity.

3.1.7 Names and addresses of the banks, subcontractors, equipment suppliers, and materials suppliers with whom you have recently done significant business with in the last three years (do not include bank account numbers).

3.2 A statement describing:

3.2.1 The number of years Bidder has been in business as a prime contractor

under its present business name;

3.2.2 Whether the Bidder has changed its name in the past 10 years;

3.2.3 Whether the Bidder has been rejected on the basis that it was not responsible, or been denied prequalification, by any state, local or federal agency;

3.2.4 Whether the Bidder has had any claims asserted against it or its surety in the past 10 years and the status of those claims;

3.2.5 Whether the Bidder has ever been prohibited from bidding on contracts by any railroad and/or state, local or federal agency;

3.2.6 Whether the Bidder has filed for bankruptcy protection in the past 10 years;

3.2.7 Whether your Bidder has had any willful OSHA or FRA violations in the past 10 years;




3.2.8 Whether Bidder or any officer, partner or director of Bidder has ever failed to complete work under a contract.

The Bidder also shall submit a statement certifying that all of the information and statements submitted in response to this section are true and correct and that any additional information submitted in response to the Port’s requests will be true and correct. 3.3 If a contract is awarded, the Successful Bidder will be required to perform the Project

with the key personnel and Subcontractors used to enable the Contractor to meet the responsibility requirements. No substitution or replacement of key personnel or Subcontractors will be accepted without prior written consent from Port. Bid must contain certification by Bidder that key personnel and Subcontractors used to satisfy the responsibility requirements will be utilized to perform the Project.

3.4 Bid must contain evidence of Bidder being registered with the Corporation Division,

Oregon Secretary of State, if bidding as a corporation, limited liability company, joint venture, or limited liability partnership, or if operating under an assumed business name and the legal name of each person carrying on the business is not included in the business name. In addition, Bidder shall include documentation showing that Bidder meets the definition of a resident Bidder, or is a non-resident Bidder as defined in ORS 279A.120 (1)(b); that Bidder meets the standards of responsibility as provided in ORS 279C.375; and that Bidder is registered with the Construction Contractors Board of the State of Oregon. A Bid for this Project may not be received or considered by Port unless Bidder is registered with the Construction Contractors Board of the State of Oregon. Bidders do not need to be licensed under ORS 468A.720 regarding asbestos abatement projects.

3.5 Prospective Bidders are advised to carefully review those portions of the Bid Form

requiring Bidder’s representations and certifications.

4. Examination of Solicitation Documents, Site and Other Related Data

4.1 It is the responsibility of each Bidder before submitting a Bid to:

4.1.1 Examine and carefully study the Solicitation Documents including but not limited to the drawings and specifications, before submitting a Bid.

4.1.2 Visit the site as many times as needed from public access locations to (i)

become familiar with and satisfy Bidder as to the general, local and site conditions at each location that may affect cost, progress, performance or furnishing of the Work, including but not limited to access, topography, weather and the kind and quality of materials to be encountered in excavation




and (ii) perform such examinations, investigations, explorations, tests, and studies as are necessary for the determination of its Bid for performance of the Work required at the prices bid and within the times committed to, and in accordance with the other terms and conditions of the Solicitation Documents. Each Bidder shall be conclusively presumed to have knowledge of the general, local and site conditions in the preparation of the Bid and in the execution of the Contract. Bidders should be aware that since participation in the pre-Bid site visit is mandatory, the only opportunity for on-track access will be during the pre-Bid site visit.

4.1.3 Consider all federal, state and local laws and regulations that may affect cost,

progress, performance or furnishing of the Work, including but not limited to all those laws and regulations in the numbered Sections and Exhibits referenced or contained in the Solicitation Documents.

4.1.4 Consider the information known to Bidder; information commonly known to

contractors performing similar work, information and observations obtained from visits to the work sites; the Solicitation Documents, with respect to the effect of such information, observations and documents on (i) the cost, progress and performance of the Work; (ii) the means, methods, techniques, sequences and procedures of completing the Work by Bidder, including but not limited to applying any specific means, methods, techniques, sequences and procedures for completing the Work expressly required by the Solicitation Documents; and (iii) Bidder’s safety precautions and programs.

4.1.5 Become aware of the general nature of the Work to be performed by Port

and/or other contractors at various locations that may relate to the Work required for the completion of this Project.

4.1.6 Promptly notify Port or Engineer of all conflicts, errors, ambiguities or discrepancies in or between the Bid Documents, the Invitation to Bid (ITB) or all other related documents contained in the Solicitation Documents.

4.1.7 When conflicts, errors, ambiguities or discrepancies are discovered in or between the Bid Documents, ITB and any other related documents, and when such conflicts have not been resolved through the interpretations of Port or Engineer as described in Paragraph 6, Bidder shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid.




4.1.8 The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the design and Work required by the Solicitation Documents for this Project, and applying the specific means, methods, techniques, sequences or procedures for the completion of the Work (if any) that may be shown, indicated or expressly required in the Solicitation Documents, (iii) that Bidder has given Port or Engineer written notice of all conflicts, errors, ambiguities and discrepancies in the Solicitation Documents and the written resolutions thereof by Port or Engineer are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by Port or Engineer as described in Paragraph 6, Bidder has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost, and (iv) that the Solicitation Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. Availability of Lands for Work

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Successful Bidder in performing the Work are identified in the Solicitation Documents. Generally, the land upon which the Work is to be performed is on public right-of-way, or on land owned by Port. All additional lands, if any, and access thereto required for the performance of the Work, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by the Successful Bidder. 6. Request for Clarification or Change; Solicitation Protests

6.1 Bidders desiring to submit a request for clarification, change or protest must make

request for such information in writing to the Port no later than 5:00 p.m. February 09, 2022.

6.2 Should a Bidder find discrepancies in, or omissions from the Solicitation Documents, or should the Bidder be in doubt as to their meaning, or believes that any aspect of the Solicitation Documents is improvident or unlawful, or which may unnecessarily restrict competition, the Bidder should at once notify the Port in the form of a request for clarification, change or protest. Only responses issued by formal written Addenda will be binding.

6.3 The purpose of this request for clarification, change or protest procedure is to permit

the Port time to correct, prior to the submission of Bids, aspects of the Solicitation Documents that may be improvident or unlawful, or which may unnecessarily restrict




competition. This requirement is intended to eliminate, by permitting corrections prior to the submission of Bids, the waste of resources and delay that may result from the untimely detection of errors in the Solicitation Documents, possible protests, and possible rejection of Bids.

6.4 The Port will consider each request for clarification, change or protest and amend

the Solicitation Documents accordingly if warranted, and notify by written Addenda each prospective Bidder of any change. No other explanation or interpretation will be considered official or binding. Oral and other interpretations or clarification will be without legal effect.

6.5 Any prospective Bidder who contends that the terms and conditions of the

Solicitation Documents, including but not limited to the Contract, or any aspect of the selection process: (i) will encourage favoritism in the award of the Contract; (ii) will substantially diminish competition; (iii) will violate any other statute, regulation (including, but not limited to, OAR Chapter 137), policy, or law of any kind; and/or (iv) are ambiguous, insufficient, or unfair for any reason must file a written protest consistent with the procedures provided for in OAR 137-049-0260, as modified herein.

6.6 Protests must set forth the basis of the protest or request for clarification along with any proposed changes to the Solicitation Documents, including but not limited to the specifications or Contract terms. Failure to file a protest by the time and date indicated above will be deemed a waiver of any claim by a Bidder that the selection process violates any of the items (i)-(iv) in Paragraph 6.5. Any protest that does not meet these requirements will not be considered.

6.7 The Port will issue a written disposition of each such request for change or clarification and/or protest no less than three business days before Bids are due. If the Port agrees with the request or upholds the protest, in whole or in part, the Port may, in its sole discretion, issue an Addendum reflecting its disposition or take other appropriate action.

6.8 Addenda may also be issued to modify the Solicitation Documents or Contract Documents as deemed advisable by Port or Engineer. The Port will post Addenda, if any, on the Solicitations page of the Port’s website (which can be found at https://www.portofcoosbay.com/solicitations). It is each Bidder’s responsibility to check the Port’s website frequently for updates and addenda.

7. Bid Security

7.1 Each Bid must be accompanied by Bid security made payable to Port in an amount

https://www.portofcoosbay.com/solicitations




of ten percent (10%) of Bidder’s maximum Bid price and in the form of a cashier’s check or certified check; irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or a Bid Bond as provided in the Contract Documents.

7.2 The Bid security of the Successful Bidder will be retained until such Bidder has

executed the Contract, furnished the required Contract security and met the other conditions of the Notice of Intent to Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security, certificates of insurance and bonds within 15 calendar days after the Notice of Intent to Award, the Port may consider Bidder to be in default and annul the Notice of Intent to Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Port believes to have a reasonable chance of receiving the award may be retained by Port until the earlier of the seventh day after the Effective Date of the Contract or after all Bids have been rejected, whereupon the Bid security furnished by such Bidders will be returned.

8. Contract Times

All Work for this Project, including but not limited to all clean-up and demobilization, shall be completed within 365 calendar days after the Port issues the Notice to Proceed, The Port anticipates issuing a notice to proceed with construction on or about March 24, 2022.

9. Liquidated Damages

The provisions for liquidated damages are set forth in the Sample Contract in Section 00120.11 of the Solicitation Documents.

10. First-Tier Subcontractor Disclosure

10.1 Bidders are required to disclose information about certain first-tier Subcontractors

(see ORS 279C.370). Specifically, when the subcontract amount of a first-tier Subcontractor furnishing labor or labor and materials would be greater than or equal to (i) five percent (5%) of the Project Bid, but at least $15,000; or (ii) $350,000 regardless of the percentage, the Bidder must disclose on the First-Tier Subcontractor Disclosure Form the following information about that subcontract either in its Bid submission, or within two hours after Bid closing (Bid Closing is at 2 p.m., First-tier Subcontractor disclosure Forms deadline: 4 p.m.):

10.1.1 The Subcontractor’s name;

10.1.2 The category of Work that the Subcontractor would be performing; and




10.1.3 The dollar value of the subcontract. If the Bidder will not be using any Subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate “NONE” on the accompanying form.

THE PORT MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360).

10.2 Compliance with this requirement is a matter of responsiveness. Bids that are

submitted by the Bid closing date, but for which the first-tier subcontractor disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for award. If there are no subcontracts subject to the above disclosure requirements, a Bidder shall so indicate by entering “NONE” or completing the appropriate check box. The Port is not required to determine the accuracy or completeness of the Subcontractor disclosure. (See ORS 279C.370 and OAR 137-049-0360.)

11. Bid Form

11.1 The Bid Form is included in Section 00120.10 of the Solicitation Documents;

additional copies may be obtained from the Issuing Office.

11.2 All blanks on the Bid Form must be completed by printing in ink, and the Bid Form must be signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. No modifications shall be made to the Bid Form. A Bidder may not make its Bid conditional or contingent upon the Port’s acceptance of any additional terms or conditions. A Bid price shall be indicated for each section listed therein. In the case of optional alternatives, if any, the words “No Bid,” “No Change,” or “Not Applicable” may be entered. In the case of prescribed amounts, only that value is allowed.

11.3 Bidders shall provide a proposed cost for each alternate, if any, identified in the

Solicitation Documents. Bidders shall state the amount to be added to or deducted from the base Bid for making the changes. If no change in price is required for an alternate, Bidder shall indicate “NO CHANGE.” Bidders shall include in each alternate price all supervision, labor, materials, equipment and incidentals required for a complete installation, regardless of whether they are mentioned in the alternate description. The Port reserves the right to accept any or all of the alternates in any order or combination, or to accept no alternates. Accepted alternates will be identified in the Contract with the Successful Bidder.

11.4 Bids by corporations shall be executed in the corporate name by the president or a




vice president or other authorized corporate officer, accompanied by evidence of authority to sign. This evidence may be provided by including with the Bid a copy of the corporate minutes showing that the person signing the Contract has been authorized by the corporation to sign the Bid. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

11.5 Bids by partnerships shall be executed in the partnership name and signed by a

partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

11.6 Bids by limited liability corporations shall be executed in the name of the firm by a

member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

11.7 Bids by individuals shall be signed by the individual and show the Bidder’s name

and official address. 11.8 Bids by joint ventures shall be executed by each joint venturer in the manner

indicated on the Bid Form. The official address of the joint venture shall be shown. 11.9 All names shall be typed or printed in ink below the signature. 11.10 The Bid shall contain an acknowledgement of receipt of all Addenda, if any, the

numbers of which shall be filled in on the Bid Form. 11.11 Postal and email addresses and telephone number for communications regarding

the Bid shall be shown. 11.12 Evidence of authority to conduct business as an out-of-state corporation in the state

where the Work is to be performed shall be provided in accordance with Paragraph 11.4 above. Oregon Construction Contractors Board license number shall also be shown on the Bid Form.

12. Submission of Bids

Bids shall be submitted on the prescribed Bid Form, contained in the Bid Booklet, at the time and place indicated in the INVITATION TO BID, addressed to Rick Adamek, Oregon International Port of Coos Bay, 125 W. Central Avenue, Suite 300, Coos Bay, Oregon 97420. Bids shall be enclosed in an opaque sealed envelope marked with the Project title: Oregon International Port of Coos Bay, Steel Bridges Repair Project, and the name and address of the Bidder, and




accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it. No oral, telephonic, or facsimile Bids will be accepted.

13. Modification and Withdrawal of Bids

Bidders are expected to submit Bids that are accurate, complete, and responsive to the requirements set forth in the Solicitation Documents. If, after submitting a Bid, the Bidder finds changes are necessary, the Bidder may withdraw or modify its Bid by delivering a written request to the Port at any time before Bids are due. Such request for modification or withdrawal must comply with the requirements set forth in OAR 137-049-0320. If accepted, a Bid is considered non-cancellable and the Bidder will be expected to execute the Contract. If for any reason Bidder does not execute the Contract, the Port can be expected to take whatever action it believes appropriate, including, but not limited to, the disqualification of that Bidder from future public contracts and, in addition to seeking relief pursuant to the terms of the Bidder’s Bid Bond, seeking all damages related to or arising out of Bidder’s failure to execute the Contract. 14. Opening of Bids

Bids shall be opened immediately after the time and date deadline for submission of Bids. However, the amounts of the Bids will not be available for public inspection or read aloud until after the deadline for submission of First-Tier Subcontractor Disclosure Forms, which is two (2) hours after the bid opening.

15. Bids to Remain Subject to Acceptance

Any Bid submitted shall be irrevocable and open for acceptance until the earlier of: (1) the date when the Port executes the Contract; (2) the date the Port cancels this ITB; or (3) 120 days after the Bid opening. The Port may request that Bidders extend, in writing, the time during which the Port may consider their Bids. If the Bidder agrees to such an extension, the Bid shall continue as a firm offer, irrevocable, valid and binding on the Bidder for the agreed-upon extension period. A Notice of Intent to Award the Contract to any Bidder shall not constitute a rejection of any other Bid.

16. Evaluation of Bids and Award of Contract

16.1 If the Contract is to be awarded, it will be awarded to the lowest responsive and

responsible Bidder whose evaluation by Port indicates to Port that the award will be in the best interests of the Project. The low bidder for purposes of award shall be the responsible bidder offering the low aggregate amount for Line ItemsA.01 through 10,04 plus (in order of priority listed in the Bid Schedule starting with Line Items X.01) Those Additional Scope bid items providing the most features of the Work




within the funds determined by the Port to be available before the bids are opened. In any case all bids shall be evaluated on the basis of the same Additional Scope bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interest of the Project (as determined in the Port’s sole discretion) may be made on the selected bid items within the list of Line Items A.01 through 10.04 and any combination of Additional Scope items for which funds are determined to be available at the time of the award, provided that award on such combination od bid items (including Additional Scope bid items) does not exceed the amount offered by any other responsible bidder submitting a responsive bid for the same combination of bid items.

16.2 Discrepancies between the indicated sum of any column of figures and the correct

sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

16.2.1 Any or all Bids will be rejected if Port has reason to believe that collusion

exists among the Bidders.

16.3 In evaluating Bids, Port will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates prices and other data, as may be requested in the Bid Documents or prior to Notice of Intent to Award.

16.4 Port may consider the qualifications and experience of Subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, suppliers, and other persons or organizations must be submitted as provided in the Contract Documents. Port also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Intent to Award.

16.5 Port may conduct such investigations as Port deems necessary to assist in the

evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Port’s satisfaction within the prescribed time.

16.6 Solely for the purpose of determining the lowest responsive, responsible Bidder, the

Port shall add a percent increase to the Bid of a non-resident Bidder, equal to the percent, if any, of preference given to the Bidder in the state in which the Bidder resides. For purposes of determining the percent increases to be applied, the Port shall rely on the list published by the Oregon Department of Administrative Services.




The Port shall not incur any liability to any Bidder by relying on such list. 16.7 Award shall be subject to preference for goods or services that are manufactured in

Oregon, if price, fitness, availability and quality are otherwise equal. 16.8 The Notice of Intent to Award shall serve as notice to all Bidders that the Port intends

to award the Contract. No other act of Port or others will constitute acceptance of a Bid.

17. Protest of Award

17.1 Adversely affected or aggrieved Bidders may submit protests in writing to Rick Adamek, Oregon International Port of Coos Bay, 125 W. Central Avenue, Suite 300, Coos Bay, Oregon 97420. The protest must clearly state the grounds for the protest and the legal authority in support thereof. Such protests must be received by the Port no later than three calendar days after the Notice of Intent to Award has been issued.

17.2 Such protests shall specify the grounds for the protest to be considered by the Port.

To be an adversely affected or aggrieved Bidder, the Bidder must demonstrate that all lower Bidders are ineligible for award because (a) their Bids were non-responsive, or (b) the Port committed a substantial violation of a provision in the Solicitation Documents or applicable procurement statute or administrative rule, and but for such substantial violation, the Bidder would have been the lowest responsive, responsible Bidder offering the lowest Bid and would have been awarded the Contract. No protest of the award of the Contract shall be considered if submitted after the deadline established for submitting such protest.

17.3 At the request of the protester, a hearing will be conducted before Port staff within

seven calendar days after submission of the written protest. The Port will either uphold or deny the protest, and a written response will be issued for all properly submitted protests. However, any response by the Port is not intended as, and shall not in and of itself constitute, confirmation that the Bidder is, in fact, adversely affected or aggrieved, and therefore entitled to protest an Intent to Award, or that the protest was timely or properly submitted. After expiration of the protest period and resolution of any protests, the Port will proceed with final award of the Contract.

18. Acceptance of Solicitation Documents and Contract

18.1 By submitting a Bid, a Bidder expressly represents that the Bidder has read and understands the terms and conditions contained in the Solicitation Documents, and that the Bidder agrees to be bound by such terms and conditions, including any and




all changes to such terms and conditions contained in any and all written Addenda. The Bidder further warrants that it takes no exception to any terms, conditions, obligations or requirements contained in the Contract. The term “Contract Documents” as used in the Solicitation Documents refers to the Contract Documents referenced in the Contract.

18.2 The Successful Bidder must enter into a Contract with the Port in the form included

here. The Successful Bidder must obtain and maintain insurance and bonding as required by the Contract.

18.3 The Port may in its sole discretion negotiate any terms, conditions, obligations, or

requirements of the Contract.

19. Contract Security and Insurance

The Successful Bidder, at its own expense, shall obtain and furnish to the Port a Performance Bond and a Payment Bond for the full amount of the Contract price, in a form acceptable to Port. Acceptable forms for the Payment and Performance Bonds are included as Exhibits to the Contract.

The Successful Bidder shall also provide evidence satisfactory to Port that it has a current Public Works Bond on file with the State of Oregon Construction Contractors Board, unless exempt under Oregon law from being required to provide such bond. The Successful Bidder shall, at its own expense, obtain and furnish to Port all insurance required by the Contract, and shall provide Port with such certificates of insurance prior to the final award of the Contract.

20. Signing of Contract

When Port issues a Notice of Intent to Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Contract. Within 12 calendar days thereafter, the Successful Bidder shall sign and deliver the required number of counterparts of the Contract to Port with all required bonds, certificates of insurance and other certificates. Within five calendar days thereafter, Port shall deliver one fully signed counterpart to the Successful Bidder and issue the Notice to Proceed.

21. Additional Instructions

21.1 The Contractor must perform with the Contractor’s own organization, a portion of the

Work equal to or greater than fifty percent (50%).

21.2 All Bidders shall submit their Bid based on completing the Work in the time allotted for construction. Submittal of a Bid is acknowledgement that the Bidder understands




that the Bid is to complete on time all Work, including but not limited to clean-up, not later than the date set forth in Section 8 above.

21.3 Along with the Bid, all Bidders are to submit a Construction Schedule showing the

dates the various Work tasks will begin and be completed. The Schedule shall show all applicable major Work items, submittals, critical path items, demolition activities, erection activities, and unit process start-up activities. The Schedule shall be reviewed by the Port’s Project Manager and Engineer, and upon their request, shall be modified to achieve the desired completion date. The Contractor shall keep the Schedule current and shall submit an updated Schedule to the Engineer on a monthly basis as part of the payment request.

21.4 Work for this Project includes federal funds subject to federal contracting

requirements identified in the Contract, including but not limited to the Buy America Act – 23 U.S.C. § 313.

22. Submittal of Proposed Work Plan; Qualifications of Proposed Key Personnel

Bidders will accompany their Bid with a written description of the Work plan to complete the Project, to a maximum of 10 pages (excluding Figures, Photographs, etc.).

22.1 Bidder shall submit a list and qualifications of proposed key personnel planned to

perform the Work. Key personnel to be identified shall include: 22.1.1 Principal.

22.1.2 Project Manager: Must have a minimum of five years and three past projects

with recent on-the-job experience as a Project Manager managing projects of similar size and complexity.

22.1.3 Railroad Bridge Foreman: Must have a minimum of three years of recent

on-the-job experience as a foreman or superintendent in similar responsible charge of steel bridge repair.

22.1.4 Project Safety Officer: Must have a minimum of three years and two past

projects with recent on-the-job experience as a Project Safety Officer.

22.1.5 Quality Control Officer.

22.1.6 Track Construction Supervisor (or Subcontractor).

END OF SECTION


BID DOCUMENTS 00120.10 - 1



SECTION 00120.10 - BID DOCUMENTS INCLUDING BID SCHEDULE, BONDS, INSURANCE, CERTIFICATIONS,

DISCLOSURES AND REQUIRED INFORMATION

PROJECT INFORMATION

Information pertaining to this Project may be obtained from the following: Rick Adamek, Oregon International Port of Coos Bay, 125 W. Central Avenue, Suite 300, Coos Bay, Oregon 97420; phone (541) 267-7678 (main office); (541) 435-5500 (direct line); fax (541) 269-1475, [email protected]. All Bidders must complete and submit the following in accordance with the Solicitation Documents:

• Bidder Residency Statement; • Certificate of Compliance with Oregon Tax Laws; • Non-Discrimination Certification; • Contractor Responsibility Certification; • First-Tier Subcontractor Disclosure Form; • Bidder’s Authorized Representative’s Bid Certification; and • Bid Schedule.

mailto:[email protected]




BIDDER RESIDENCY STATEMENT

This page must be completed, signed, and returned with the Bid Proposal. Failure to do so will result in Bid rejection.

279A.120 Preference for Oregon goods and services; non-resident bidders. (1) As used in this section:

(a) “Non-resident bidder” means a bidder who is not a resident bidder. (b) “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state

[Oregon] during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

(2) For the purposes of awarding a public contract, a contracting agency shall: (a) Give preference to goods or services that have been manufactured or produced in this state

[Oregon] if price, fitness, availability and quality are otherwise equal; and (b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the

preference given to the bidder in the state in which the bidder resides.

“Resident Bidder” means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this state and has stated in the Bid whether the Bidder is a “resident Bidder.”

“Non-resident Bidder” means a Bidder who is not a “resident Bidder” as defined in ORS 279A.120.

a. Check one: Bidder is a ( ) resident Bidder ( ) non-resident Bidder

b. If a resident Bidder, enter your Oregon business address:

c. If a non-resident Bidder, enter state of residency:

d. If a non-resident Bidder, do you or your firm receive, or are you or your firm eligible for, any preference in award of contracts with your state’s government or with governmental bodies in your state?

Check one: ( ) Yes ( ) No

If yes: state the preference percentage: %

If yes, but not a percentage of Bid price, describe the preference:

If yes, state the law or regulation that allows the preference described (legal citation):




Bidder certifies that the information provided herein is true and accurate.

Signature: Title:

Name (print or type): ____________

Firm: _________________________________________________________________

Telephone: Date:




CERTIFICATE OF COMPLIANCE WITH OREGON TAX LAWS

This page must be completed, signed, and returned with the Bid Schedule. Failure to do so will result in Bid rejection.

I, the undersigned, hereby swear or affirm under penalty of perjury that: I am authorized to act in behalf of _______________________ (insert name of Bidder/Contractor) that I have authority and knowledge regarding the payment of taxes, and that _______________________ (insert name of Contractor) is, to the best of my knowledge, not in violation of any Oregon tax laws.

For purposes of this certificate, “Oregon tax laws” means those programs listed in ORS

305.380(4). Examples include the state inheritance tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax, timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the elderly rental assistance program, and local taxes administered by the Department of Revenue (Lane Transit District Self-Employment Tax, Lane Transit District Employer Payroll Tax, Tri-Metropolitan Transit District Employer Payroll Tax, and Tri-Metropolitan Transit District Self-Employment Tax).

Signature:

Date:

Printed Name:

Title:




NON-DISCRIMINATION CERTIFICATION

This page must be completed, signed, and returned with the Bid Schedule. Failure to do so will result in Bid rejection. 279A.110 Discrimination in subcontracting prohibited; remedies. (1) A bidder or proposer that competes for or is awarded a public contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055. (2) A contracting agency may debar or disqualify, under ORS 279B.130 or 279C.440, as appropriate, a bidder or proposer if the contracting agency finds that the bidder or proposer has violated subsection (1) of this section in awarding a subcontract in connection with a contract the contracting agency advertised or otherwise solicited or a contract between the contracting agency and the bidder or proposer. A debarred or disqualified bidder or proposer may appeal the debarment or disqualification under ORS 279B.425 or ORS 279C.445 and 279C.450, as appropriate. (3) A contracting agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a bidder or proposer under subsection (2) of this section more than three years after the alleged discriminatory conduct occurred or more than three years after the contracting agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later. (4) A bidder or proposer shall certify in the bid or proposal that the bidder or proposer has not discriminated and will not discriminate, in violation of subsection (1) of this section, against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business in awarding a subcontract. (5) If a contracting agency awards a public contract to a contractor and the contractor violates the contractor’s certification under subsection (4) of this section, the contracting agency may regard the violation as a breach of contract that permits the contracting agency to: (a) Terminate the contract; or (b) Exercise any of the remedies for breach of contract that are reserved in the contract. CERTIFICATION: Contractor certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business that is certified under ORS 200.055 in awarding a subcontract for this Project.

Signature: Title:

Name (print or type):

Firm:

Date:




CONTRACTOR RESPONSIBILITY CERTIFICATION

This page must be completed, signed, and returned with the Bid Schedule. Failure to do so may result in Bid rejection.

This certifies that the below named Bidder meets the standards of responsibility as provided by ORS 279C.375. The below named Bidder certifies that:

1. It has the appropriate financial, material, equipment, facility and personnel

resources and expertise necessary to meet all contractual responsibilities as required by this contract.

2. It has a satisfactory record of performance for other public contracts.

3. It has a satisfactory record of integrity for other public contracts.

4. It is qualified legally to contract with the Oregon International Port of Coos Bay

(Port) for this Project.

5. It will supply all required information requested by the Port in connection with its Bid for this Project, including, but not limited to, satisfactory responses to all information and certifications requested by the Port in Section 00120.10 of concerning the Bidder’s responsibility.

CERTIFICATION: Contractor certifies that it meets the Standards of Responsibility as provided by ORS 279C.375.

Signature: Title:

Name (print or type):

Firm:

Date:

111520412.2 0068323-00003

RESPONSIBILITY INQUIRY FORM The Port will determine responsibility of a firm prior to award and execution of a contract. In addition to this form, the Port has requested additional information and may obtain any information Port deems necessary to make the determination. The Port will notify the firm of any other documentation required, which may include, but is not limited to, Oregon Department of Revenue Letter of Debt Compliance, recent profit-and-loss history; current balance statements and cash flow information; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; insurability, credit information; material; equipment; facility and personnel information; record of performance under previous contracts; etc. The Port may postpone the award of the Contract in order to complete its investigation and evaluation. Failure to promptly provide requested information and clearly demonstrate Responsibility may result in offer rejection and ineligibility of contract award.

1. Does your firm have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of the firm to meet all contractual responsibilities? YES / NO . 2. Number of years in business providing the services/goods/equipment required under the prospective contract: 3. a) Is your firm experiencing financial distress or having difficulty securing financing? YES / NO . b) Does your firm have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES / NO If "YES” on question 3.a or “NO” on question 3.b, please provide additional details. Response: 4. Within the last 3-year period, has your firm had one or more contracts terminated for default by any federal, state or local government agency, or any lawsuits filed against it by creditors or involving contract disputes? YES / NO . If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.) Response: 5. Is your firm, a major partner or major shareholder (defined as a partner or shareholder owning 10% or more of your firm), a major subcontractor (defined as receiving 10% or more of the total Contract amount), or any principal officer of your firm, major partner, major shareholder, or major subcontractor presently, or within the last 3 years has been convicted of, indicted for, or otherwise criminally or civilly charged by a governmental entity with the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of bids or Proposals; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO . If "YES," indicate the jurisdiction, date of indictment, charge or judgment and names and summary of charges. Response: 6. Within the last 3-year period, has your firm filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES / NO . If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable. Response: 7. a) Within the last 3-year period, has your firm been notified of any delinquent Federal or State taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. YES /NO . b) Does your firm have any liquidated and delinquent debt owed to the State or any department or agency of the State? If "YES" on 7.a or 7.b or both, please explain. YES /NO

111520412.2 0068323-00003

Response: 8. Does your firm have all required licenses, insurance and/or registrations, if any, and is the firm legally authorized to do business in the State of Oregon. YES /NO . If "NO," please explain. Response: 9. Within the last 3-year period, has your firm completed previous contracts of a similar nature with a satisfactory record of performance? [For purposes of this question, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within your firm′s control, your firm stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner.] YES /NO . If "NO," please explain. Response: AUTHORIZED SIGNATURE By signature below, the undersigned Authorized Representative on behalf of Bidder/Proposer certifies that the responses provided on this form are complete, accurate, and not misleading. Name of Firm: RFP/ITB # (if applicable):

Project Name: Authorized Signature Date Print Name Title

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (ORS 279C.370)

Project Name: _____________________________ Bid Number: ____________________________ Bid Closing: Date _____________, Time ___________ This form must be submitted at the location specified in the ITB on the advertised Bid closing date and within two hours after the advertised Bid closing time. List below the name of each Subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of Work that the Subcontractor will be performing, and the dollar value of the subcontract. Enter “NONE” if there are no Subcontractors that need to be disclosed. Subcontractor Name Category of Work Dollar Value of Subcontract

(ATTACH ADDITIONAL SHEETS IF NEEDED.) Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for award. Bidder’s Name: Authorized Signature: Printed Name: Title:______________________ Phone Number: Dated: ________________________________

Oregon International Port of Coos Bay Coos Bay Rail Line January 2022 111520412.2 0068323-00003 STEEL BRIDGES REPAIR PROJECT

BID DOCUMENTS




BID FORM

Project Identification: Oregon International Port of Coos Bay Steel Bridges Repair Project

This Bid Is Submitted to: The Oregon International Port of Coos Bay, hereinafter referred to as Port.

1. Enter into Agreement The Undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Port, in the form included in the Solicitation Documents, to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid times indicated in following Bid Schedule and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder Acknowledgements Bidder accepts all of the terms and conditions of the Solicitation Documents, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 calendar days after the day of Bid opening or for such longer period of time that Bidder may agree to in writing upon request of Port. Bidder will sign and deliver the required number of counterparts of the Contract with the Bonds and other documents required by the Solicitation Documents within 12 calendar days after the date the Contract Documents are sent or otherwise delivered to the Bidder.

3. Bidder’s Representations In submitting this Bid, Bidder represents that:

a. Bidder has examined and carefully studied the Solicitation Documents, including the Invitation to Bid, the Project Construction Drawings, all attached Exhibits (including but not limited to the Contract), and the following Addenda, receipt of all of which is hereby acknowledged: (List Addenda by Number)

ADDENDA NUMBER

b. Bidder is familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work and has read Section 00120 to Section 00541 of the Solicitation Documents and all attached Exhibits.

c. Bidder has correlated the information known to Bidder, information commonly known to contractors doing business in the locality of the Site, information and observations obtained from visits to the site, and all additional examinations, investigations, explorations, tests, studies and data, if any, with the Contract Documents.

d. Bidder agrees to be bound by and will comply with the provisions of ORS




279C.838 or 279C.870 or 40 U.S.C. 3141 et seq. e. Bidder has given Port or Engineer written notice of all conflicts, errors, ambiguities or discrepancies in the Solicitation Documents and the written resolution thereof by Port or Engineer is acceptable to Bidder, and the Solicitation Documents and Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(1) Where conflicts, errors, ambiguities or discrepancies have been discovered

in or between Bid or Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by Port or Engineer as described in the Solicitation Documents, because of insufficient time or otherwise, Bidder has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost.

f. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

4. Bidder's Certification

a. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

b. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

c. Bidder has not solicited or induced any individual or entity to refrain from bidding.

d. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph:

(1) “Corrupt practice” means the offering, giving, receiving, or soliciting of

anything of value likely to influence the action of a public official in the bidding process.

(2) “Fraudulent practice” means an intentional misrepresentation of facts made

(a) to influence the bidding process to the detriment of Port, (b) to establish Bid prices at artificial noncompetitive levels, or (c) to deprive Port of the benefits of free and open competition.

(3) “Collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Port, a purpose of which is to establish Bid prices at artificial, noncompetitive levels.




(4) “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

5. Qualification of Bidders

The purpose of this section is to demonstrate that the company and key personnel on the Project have sufficient experience to execute this contract Work, including but not limited to the information and documentation required in Section 00120.01, Paragraph 3 and Paragraph 22. Bidder will complete and return the Bidder Residency Information; Certification of Compliance with Oregon Tax Laws; Non-Discrimination Certification; Bid Certification; Responsibility Certification Form and Contractor Responsibility Inquiry Form all contained in Section 00120.10 of the Solicitation Documents to Port with the Bids.

6. Bid Prices

Bidder will complete the Work in accordance with the Contract Documents for the entire portion of the Work awarded to Bidder, for the prices(s) indicated on the following Bid Schedule Form, attached hereto.

The Bid Schedule Form shall be included with the Bidder’s forms at time of Bid submission.

7. Time of Completion

Bidder agrees that all Work required for this Contract will be substantially completed and ready for final payment in accordance with the terms specified in the Solicitation Documents and Contract.

8. Attached to This Bid

The following documents are attached to and made a condition of this Bid:

a. Required Bid Security of ten percent (10%) of the Bid amount in the form of a Bid Bond;

b. Bidder Residency Information Form; c. Certificate of Compliance with Oregon Tax Laws; d. Non-Discrimination Certification; e. Responsibility Certification Form; f. Responsibility Inquiry Form; and g. First-Tier Subcontractor Disclosure Form.




9. Address for Communications

Communications concerning this Bid shall be addressed to the address of Bidder indicated below: _________________________ _________________________ _________________________ _________________________

10. Defined Terms

Capitalized terms used but not defined in this Bid have the meanings given to them in the Solicitation Documents.

11. Bid Schedule

Bid amount shall be the sum of several lump sum bid items plus a unit price item based on an estimated quantity for the piling portion of the Work. Bids will be evaluated on the basis of overall total Bid price.




Contractor:

Submitted by:

Address:

Title:

Line Item Bridge Span Length (ft) Member Line Item Description Quantity Unit Price

A.01 All All All Mobilization and Demobilization 1 Lump SumA.02 All All All Environmental Compliance 1 Lump SumA.03 All All All Salvage Material Transport and Unloading 1 Lump SumA.04 All All Misc. Steel Supply and Install - Laterals 10,000 PoundsA.05 All All Misc. Steel Supply and Install - Miscellaneous Steel 10,000 Pounds1.01 681.45 60 | DPG Girder Strengthen - Web 1 Lump Sum1.02 681.45 60 | DPG Wingwalls Install Extensions 1 Lump Sum1.03 681.45 100 | DPG Girder Strengthen - Web 1 Lump Sum2.01 682.18 50 | TPG Girder Strengthen - Web 1 Lump Sum2.02 682.18 50 | TPG Stringer Replace 1 Lump Sum2.03 682.18 50 | TPG Deck Replace 1 Lump Sum2.04 682.18 50 | TPG Floorbeam Strengthen - Connection 1 Lump Sum2.05 682.18 50 | TPG Wingwall Install Extensions 1 Lump Sum2.06 682.18 100 | DPG Girder Strengthen - Web 1 Lump Sum2.07 682.18 50 | DPG Girder Strengthen - Web 1 Lump Sum3.01 691.05 60 | DPG Girder Strengthen - Web 1 Lump Sum4.01 694.78 80 | DPG Girder Strengthen - Web 1 Lump Sum5.01 677.80 80 | TPG Girder Strengthen - Web 1 Lump Sum5.02 677.80 80 | TPG Stringer Strengthen - Connection 1 Lump Sum5.03 677.80 80 | TPG Wingwall Install Extensions 1 Lump Sum6.01 678.43 60 | TPG Girder Strengthen - Web 1 Lump Sum6.02 678.43 60 | TPG Stringer Strengthen - Connection 1 Lump Sum6.03 678.43 60 | TPG Wingwall Install Extensions 1 Lump Sum9.01 680.77 100 | TPG Floorbeam - End Strengthen - Connection 1 Lump Sum9.02 680.77 100 | TPG Stringer Strengthen - Connection 1 Lump Sum9.03 680.77 100 | TPG Wingwall Install Extensions 1 Lump Sum10.01 681.05 60 | TPG Girder Strengthen - Web 1 Lump Sum10.02 681.05 60 | TPG Stringer Strengthen - Connection 1 Lump Sum10.03 681.05 60 | TPG Wingwall Install Extensions 1 Lump Sum10.04 681.05 100 | TPG Girder Strengthen - Web 1 Lump Sum

X.01 680.17 150 | Truss Floorbeam - End Strengthen - Connection 1 Lump SumX.02 680.46 100 | TPG Floorbeam - End Strengthen - Connection 1 Lump SumX.03 677.80 Span 1 Deck Replace 1 Lump SumX.04 678.43 Spans 1 and 2 Deck Replace 1 Lump SumX.05 680.46 Span 1 Deck Replace 1 Lump SumX.06 681.05 Spans 1 and 2 Deck Replace 1 Lump SumX.07 681.45 Spans 1 to 3 Deck Replace 1 Lump SumX.08 682.18 Spans 1 to 3 Deck Replace 1 Lump SumX.09 694.78 Spans 1 to 3 Deck Replace 1 Lump Sum

Total Additional Scope| Inclusion Subject to Overall Project Pricing

Total




Email:

Telephone:

Fax:

I certify that I have full lawful authority to submit this Bid on behalf of the above-named company, that the company has sufficient understanding of the nature of the Work to be bound by this Bid, and that the Bid will remain firm for a period of 120 calendar days following the Port’s receipt of the Bid.

SIGNATURE:

DATE:

Bidder acknowledges that all incidentals are included to complete the Work regardless of whether there is a standalone item, unless specifically omitted in the Bid Document.




12. Bid Submittal

This Bid is submitted on day of __________ , 2022 by the entity named below.

Name of Bidder ________________________________________

Street Address

City/Zip Code

Telephone No.

Fax No.

Email

Contractor's State License No.

Contractor's State Tax Registration No.

If Bidder is:

An Individual By (Individual's name)

(Seal)

doing business as

Business address A Partnership

By (Firm name)

(Seal)

General partner

Business address A Corporation

By (Corporation name)

(Seal)




State of incorporation

Name of person authorized to sign

Title Attest: Secretary

Business address

A Joint Venture

By (Name)

Address

By (Name)

Address

NOTE: Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.




BIDDER’S DULY AUTHORIZED REPRESENTATIVE BID CERTIFICATION

THIS BID MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS OR ERASURES TO THE BID MUST BE INITIALED IN INK BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned acknowledges, attests, and certifies individually and on behalf of the Bidder that:

(1) He/she is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Bid and all Solicitation Addenda, if any, issued.

(2) Bidder, acting through its authorized representatives, has read and understands all Solicitation Documents including but not limited to the Contract, Specifications, Plans, and terms and conditions contained herein (including all listed attachments and Solicitation Addenda, if any, issued).

(3) The Bid submitted is in response to the specific language contained in the Solicitation Documents, and Bidder has made no assumptions based upon either oral or written statements not contained in the Solicitation Documents.

(4) The Port shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to Bidder’s failure to comprehend all requirements of the Solicitation Documents.

(5) The Port shall not be liable for any expenses incurred by Bidder in preparing and submitting its Bid or in participating in the Bid evaluation/selection process.

(6) The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

(7) Bidder is bound by and will comply with all requirements, including but not limited to the Contract, Specifications, Plans, and terms and conditions contained in the Solicitation Documents (including all listed attachments and Solicitation Addenda, if any, issued).

(8) Bidder will furnish the designated item(s) and/or service(s) in accordance with the Contract, including but not limited to the Specifications, Plans and other requirements, and will comply in all respects with the terms of the Contract.

(9) Bidder represents and warrants that Bidder has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

(10) All affirmations and certifications contained in Section 00120.10 are true and correct.

Authorized Signature: Title:

FEIN ID# or SSN# (required):

Contact Person (type or print):

Telephone Number: ( )

Fax Number: ( )

111520412.2 0068323-00003

BID BOND

________________________________________________________ (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and ___________________________________________________ (Here insert full name and address or legal title of Surety) a Corporation duly organized under the laws of the State of _______ as Surety, hereinafter called the Surety, are held and firmly bound unto the Oregon International Port of Coos Bay, as Obligee, hereinafter called the Obligee, in the sum of ten percent (10%) of the total amount of the Bid for Work herein described, for the payment of which sum well and truly to be made, as agreed and liquidated damages, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a Bid for the Steel Bridges Repair Project. NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such Bid, and give such good and sufficient payment and performance bonds as may be specified in the Contract Documents for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety, for value received, hereby stipulates and agrees that the obligation of the Surety and this bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid, and the Surety does hereby waive notice of any such extension. Signed and sealed this _____ day of ____________, 20____.

_________________________________________

(Principal) (Seal)

________________________________________ (Title)

_________________________________________ (Surety) (Seal)

_________________________________________ (Title)


SAMPLE CONTRACT 00120.11 - 1

Oregon International Port of Coos Bay January 2022

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STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONSTRUCTOR (Lump Sum)

TABLE OF ARTICLES

1. AGREEMENT 2. GENERAL PROVISIONS 3. CONSTRUCTOR’S RESPONSIBILITIES 4. OWNER'S RESPONSIBILITIES 5. SUBCONTRACTS 6. TIME 7. PRICE 8. CHANGES 9. PAYMENT 10. INDEMNITY, INSURANCE, AND BONDS 11. SUSPENSION, NOTICE TO CURE, AND TERMINATION 12. DISPUTE MITIGATION AND RESOLUTION 13. MISCELLANEOUS 14. CONTRACT DOCUMENTS

ARTICLE 1 AGREEMENT Job Number: [_____] Account Code: [_____] This Agreement is made this [_____] day of [_____] in the year [_____], by and between the OWNER, Oregon International Port of Coos Bay 125 Central Avenue, Suite 300 Coos Bay, OR 97420 and the CONSTRUCTOR, [_____]

Tax identification number (TIN) [_____] Contractor License No., if applicable [_____]

for construction and services in connection with the following PROJECT: Steel Bridges Repair Project Design Professional is Stantec Consulting Services Inc.

ARTICLE 2 GENERAL PROVISIONS 2.1 PARTIES’ RELATIONSHIP Each Party agrees to act on the basis of mutual trust, good faith, and fair dealing, and perform in an economical and timely manner. The Parties shall each endeavor to promote harmony and cooperation among all Project participants.




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2.1.1 Neither Constructor nor any of its agents or employees shall act on behalf of or in the name of Owner.

2.2 ETHICS Each Party shall perform with integrity. Each shall: (a) avoid conflicts of interest; and (b) promptly disclose to the other Party any conflicts that may arise. Each Party warrants it has not and shall not pay or receive any contingent fees or gratuities to or from the other Party, including its agents, officers, employees, Subcontractors, Subsubcontractors, Suppliers, or Others to secure preferential treatment. 2.3 DESIGN PROFESSIONAL Owner, through its Design Professional, shall provide all architectural and engineering design services necessary for the completion of the Work excluding, however, (a) design services delegated to Constructor in accordance with §3.15, and (b) services within the construction means, methods, techniques, sequences, and procedures employed by Constructor, its Subcontractors and Subsubcontractors in connection with their construction operations.

2.3.1 Owner shall obtain from Design Professional either a license for Constructor and Subcontractors to use the design documents prepared by Design Professional or ownership of the copyrights for such design documents. Owner shall indemnify and hold harmless Constructor against any suits or claims of infringement of any copyrights or licenses arising out of the use of the design documents for the Project.

2.3.2 The Constructor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to exercise the Constructor’s best skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.

2.4 DEFINITIONS

2.4.1 “Agreement” means this Standard Agreement and General Conditions Between Owner and Constructor (Lump Sum), as modified, and exhibits and attachments made part of this agreement upon its execution.

2.4.1.1 The following exhibits are part of this Agreement:

Exhibit B: List of Drawings Exhibit C: List of Specifications Exhibit D: Public Contracting Requirements Exhibit E: Insurance Exhibit F: Payment Bond and Performance Bond Forms

2.4.2 “Business Day” means all Days, except weekends and official federal or state holidays where the Project is located. 2.4.3 A “Change Order” is a written order signed by the Parties after execution of this Agreement, indicating a change in the scope of the Work, Contract Price, or Contract Time, including substitutions proposed by Constructor and accepted by Owner. 2.4.4 The “Contract Documents” consist of (a) this Agreement; (b) documents listed in §14.1 as existing contract documents; (c) drawings, specifications, addenda issued and acknowledged before execution of this Agreement; and (d) Change Orders, Interim Directives, and amendments issued in accordance with this Agreement. 2.4.5 “Contract Price” is the amount indicated in §7.1 and represents full compensation for performance by the Constructor of the Work in conformance with the Contract Documents, including




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but not limited to furnishing all materials, equipment, labor, and incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the Work.

2.4.6 “Contract Time” is the period between the Date of Commencement and the total time authorized to achieve Final Completion in §6.1.1.

2.4.7 “Constructor” is the person or entity identified in ARTICLE 1. References to General Contractor or Contractor in the Contract Documents may be a reference to Constructor. 2.4.8 “Cost of the Work” means the costs and discounts specified in §8.3.4. 2.4.9 “Date of Commencement” is as set forth in §6.1. 2.4.10 “Day” means a calendar day. 2.4.11 “Defective Work” is any portion of the Work that does not conform to the requirements of the Contract Documents. 2.4.12 “Design Professional” means the licensed architect or engineer, and its consultants, retained by Owner to perform design services for the Project. 2.4.13 “Final Completion” occurs on the date when Constructor's obligations under this Agreement are complete and accepted by Owner and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by Parties. 2.4.14 “Hazardous Material” is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. 2.4.15 “Law” means federal, state, or local law, ordinance, code, rule, and regulations applicable to the Work with which Constructor must comply that are enacted as of the Agreement date. 2.4.16 “Interim Directive” is a written order containing Work instructions directed by Owner pursuant to §8.2 and that is signed by Owner after execution of this Agreement and before Substantial Completion. 2.4.17 “Others” means Owner’s other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. 2.4.18 “Overhead” means (a) payroll costs, burden, and other compensation of Constructor’s employees in Constructor's principal and branch offices; (b) general and administrative expenses of Constructor's principal and branch offices including charges against Constructor for delinquent payments; and (c) Constructor's capital expenses, including interest on capital used for the Work. 2.4.19 “Owner” is the person or entity identified in ARTICLE 1. 2.4.20 The “Parties” are collectively Owner and Constructor. 2.4.21 The “Project,” as identified in ARTICLE 1, is the building, facility, or other improvements for which Constructor is to perform Work under this Agreement. It may also include construction by Owner or Others.




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2.4.22 The “Schedule of the Work” is the document prepared by Constructor that specifies the dates on which Constructor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from Owner. 2.4.23 A “Subcontractor” is a person or entity retained by Constructor as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. 2.4.24 “Substantial Completion” of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that Owner may occupy or utilize the Project, or a designated portion, for the use for which it is intended, without unapproved disruption. The issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of occupancy cannot be obtained due to factors beyond Constructor's control. This date shall be confirmed by a Certificate of Substantial Completion signed by the Parties. 2.4.25 A “Subsubcontractor” is a person or entity who has an agreement with a Subcontractor, another subsubcontractor, or Supplier to perform a portion of the Work or to supply material or equipment. 2.4.26 A “Supplier” is a person or entity retained by Constructor to provide material or equipment for the Work. 2.4.27 “Terrorism” means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. 2.4.28 “Work” means the construction and services necessary or incidental to fulfill Constructor's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. 2.4.29 “Worksite” means the area of the Project location identified in ARTICLE 1 where the Work is to be performed.

2.5 Constructor agrees that the State of Oregon, acting by and through its Oregon Department of Transportation, is a third-party beneficiary of this Agreement.

ARTICLE 3 CONSTRUCTOR'S RESPONSIBILITIES Constructor shall use its diligent efforts to perform the Work in an expeditious manner consistent with the Contract Documents. Such Work includes furnishing construction administration and management services. 3.1 GENERAL RESPONSIBILITIES

3.1.1 Constructor shall provide all labor, materials, equipment, and services necessary to complete the Work, all of which shall be provided in full accord with the Contract Documents and shall include any Work reasonably inferable from the Contract Documents. 3.1.2 Constructor represents that it is an independent contractor and that it is familiar with the type of work required by this Agreement.




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3.1.3 Unless the Contract Documents instruct otherwise, Constructor shall be responsible for the supervision and coordination of the Work, including the construction means, methods, techniques, sequences, and procedures utilized. When following construction means, methods, techniques, sequences, or procedures instructed by the Contract Documents, if any, Constructor is not liable to Owner for damages resulting from compliance with such instructions unless Constructor failed to timely report to Owner any error, inconsistency, omission, or unsafe practice that it discovered in such requirements. 3.1.4 Constructor shall perform Work only within locations allowed by the Contract Documents, Law, and applicable permits. 3.1.5 Constructor shall perform the Work in accordance with the following Worksite restrictions:

3.1.5.1 Constructor shall not interfere with train movements, which occur daily between 6:30 p.m. and 6:30 a.m. Sunday through Thursday, between Mapleton and Vaughn Viaduct (MP 667.40) 3.1.5.2 Coos Bay Rail Line will provide radio frequencies which the Constructor must use to communicate with train crews as cell phone coverage is unreliable/unavailable at the Worksite. Constructor shall provide its personnel with working radios capable of communicating on the designated frequencies to facilitate such communication. 3.1.5.3 The rail speed is restricted to 5 miles per hour on or near the bridge.

3.2 COOPERATION WITH WORK OF OWNER AND OTHERS

3.2.1 Owner may perform work at the Worksite directly or by Others. 3.2.2 If Owner elects to perform work at the Worksite directly or by Others, the Parties shall coordinate the activities of all forces at the Worksite and agree upon fair and reasonable schedules and operational procedures for Worksite activities. 3.2.3 With regard to the work of Owner and Others, Constructor shall: (a) proceed with the Work in a manner that does not hinder, delay, or interfere with the work of Owner or Others or cause the work of Owner or Others to become defective; (b) afford Owner and Others reasonable access for introduction and storage of their materials and equipment and performance of their activities; and (c) coordinate Constructor's Work with theirs. 3.2.4 Before proceeding with any portion of the Work affected by the construction or operations of Owner or Others, Constructor shall give Owner prompt written notification of any defects Constructor discovers in their work which will prevent the proper execution of the Work. Constructor's obligations in this subsection do not create a responsibility for the work of Owner or Others, but are for the purpose of facilitating the Work. If Constructor does not notify Owner of defects interfering with the performance of the Work, Constructor acknowledges that the work of Owner or Others is not defective and is acceptable for the proper execution of the Work. Following receipt of written notice from Constructor of defects, Owner shall promptly issue an Interim Directive informing Constructor what action, if any, Constructor shall take with regard to the defects.

3.3 CONTRACT DOCUMENT REVIEW

3.3.1 Before commencing the Work, Constructor shall examine and compare the drawings and specifications with information furnished in the Contract Documents, relevant field measurements made by Constructor, and any visible conditions at the Worksite affecting the Work.

3.3.2 Should Constructor discover any errors, omissions, or inconsistencies in the Contract Documents, Constructor shall promptly report them to Owner. It is recognized, however, that




113618071.2 0068323-00003

Constructor is not acting in the capacity of a licensed design professional, and that Constructor's examination is to facilitate construction and does not create an affirmative responsibility to detect errors, omissions, or inconsistencies. Following receipt of written notice from Constructor of errors, omissions, or inconsistencies, Owner shall promptly inform Constructor what action, if any, Constructor shall take with regard to the errors, omissions, or inconsistencies. 3.3.3 In accordance with this Agreement, Constructor may be entitled to adjustments of the Contract Price or Contract Time because of clarifications or instructions arising out of Constructor's reports described in this §3.3. 3.3.4 Nothing in §3.3 or any review or approval by Owner shall relieve Constructor of responsibility for its own errors, inconsistencies, or omissions.

3.4 CONSTRUCTION PERSONNEL AND SUPERVISION

3.4.1 Constructor shall provide competent supervision for the performance of the Work. Before commencing the Work, Constructor shall notify Owner in writing of the name and qualifications of its proposed superintendent(s), Constructor’s Representative and project manager so Owner may review their qualifications. If, for reasonable cause, Owner refuses to approve an individual, or withdraws its approval after once giving it, Constructor shall name a different superintendent or project manager or Constructor’s Representative for Owner's review. Any disapproved person shall not perform in that capacity thereafter at the Worksite. 3.4.2 Constructor shall be responsible to Owner for acts or omissions of a person or entity performing on behalf of Constructor or any of its Subcontractors and Suppliers. 3.4.3 Constructor shall permit only qualified persons to perform the Work. Constructor shall enforce safety procedures, strict discipline, and good order among persons performing the Work. If Owner determines that a particular person does not follow safety procedures, or is unfit or unskilled for the assigned Work, Constructor shall immediately reassign the person upon receipt of Owner's Interim Directive to do so. 3.4.4 CONSTRUCTOR'S REPRESENTATIVE Constructor's authorized representative is [_____]. Constructor's Representative shall possess full authority to receive instructions from Owner and to act on those instructions. If Constructor changes its representative or the representative’s authority, Constructor shall immediately notify Owner in writing.

3.5 WORKMANSHIP The Work shall be executed in accordance with the Contract Documents in a good and workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. 3.6 MATERIALS FURNISHED BY OWNER OR OTHERS If the Work includes installation of materials or equipment furnished by Owner or Others, it shall be the responsibility of Constructor to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of Constructor shall be the responsibility of Constructor and may be deducted from any amounts due or to become due Constructor. Any defects discovered in such materials or equipment shall be reported at once to Owner. Following receipt of written notice from Constructor of defects, Owner shall promptly inform Constructor what action, if any, Constructor shall take with regard to the defects. 3.7 TESTS AND INSPECTIONS




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3.7.1 Constructor shall schedule all required tests, approvals, and inspections of the Work or portions thereof at appropriate times so as not to delay the progress of the Work or other work related to the Project. Constructor shall give proper notice to all required parties of such tests, approvals, and inspections. If feasible, Owner and Others may timely observe the tests at the normal place of testing. Unless otherwise required by the Contract Documents, Constructor shall bear all expenses associated with tests, inspections, and approvals required by the Contract Documents, which shall be conducted by an independent testing laboratory or entity retained by Constructor. Unless otherwise required by the Contract Documents, required certificates of testing, approval, or inspection shall be secured by Constructor and promptly delivered to Owner. 3.7.2 If Owner or appropriate authorities determine that tests, inspections, or approvals in addition to those required by the Contract Documents will be necessary, Constructor shall arrange for the procedures and give timely notice to Owner and Others who may observe the procedures. Costs of the additional tests, inspections, or approvals are at Constructor's expense including without limitation as provided in the subsection below. 3.7.3 If the procedures described in the two subsections immediately above indicate that portions of the Work fail to comply with the Contract Documents, Constructor shall be responsible for costs of correction and retesting.

3.8 WARRANTY

3.8.1 Constructor warrants that all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At Owner's request, Constructor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Constructor further warrants that the Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Constructor's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by Owner or others, or abuse. Constructor's warranty shall commence on the Date of Substantial Completion of the Work, or of a designated portion.

3.9 CORRECTION OF WORK WITHIN ONE YEAR

3.9.1 Before Substantial Completion and within one year after the date of Substantial Completion of the Work, if any Defective Work is found, Owner shall promptly notify Constructor in writing. Unless Owner provides written acceptance of the condition, Constructor shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the one-year correction period Owner discovers and does not promptly notify Constructor or give Constructor an opportunity to test or correct Defective Work as reasonably requested by Constructor, Owner waives Constructor's obligation to correct that Defective Work. Constructor’s repair warranty is in addition to, not in lieu of, any other remedy by contract or law of Owner. 3.9.2 With respect to any portion of Work first performed after Substantial Completion, the one-year correction period shall commence when that portion of the Work is substantially complete. Correction periods shall not be extended by corrective work performed by Constructor. 3.9.3 If Constructor fails to correct Defective Work within a reasonable time after receipt of written notice from Owner before final payment, Owner may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Constructor. If payments then or




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thereafter due Constructor are not sufficient to cover such amounts, Constructor shall pay the difference to Owner. 3.9.4 Constructor’s obligations and liability, with respect to any Defective Work discovered after the one-year correction period shall be determined by the Law. If, after the one-year correction period but before the applicable limitation period has expired, Owner discovers any Work which Owner considers Defective Work, Owner may allow Constructor an opportunity to correct the Work. Alternatively, Owner may elect to have the Work corrected by itself or others, and, if Owner intends to seek recovery of those costs from Constructor, Owner shall promptly provide Constructor with an accounting of actual correction costs. 3.9.5 If the correction or removal of Defective Work causes damage to or destroys other completed or partially completed Work or existing buildings, Constructor shall be responsible for the cost of correcting the destroyed or damaged property. 3.9.6 The one-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Constructor's other obligations under the Contract Documents or limit Owner’s other remedies. 3.9.7 Before final payment, at Owner's option and with Constructor's agreement, Owner may elect to accept Defective Work rather than require its removal and correction. In such case, the Contract Price shall be equitably adjusted for any diminution in the value of the Project caused by such Defective Work.

3.10 CORRECTION OF COVERED WORK

3.10.1 Upon issuance of an Interim Directive, Work that has been covered without a requirement that it be inspected before being covered shall be uncovered for Owner's inspection. Owner shall pay for the costs of uncovering and replacement if the Work proves to be in conformance with the Contract Documents, or if the defective condition was caused by Owner or Others. If the uncovered Work proves to be defective, Constructor shall pay the costs of uncovering and replacement. 3.10.2 If any Work is covered contrary to requirements in the Contract Documents, Owner may issue an Interim Directive to uncover the Work for Owner's observation and recover the Work all at Constructor's expense and with no Contract Time adjustment.

3.11 SAFETY

3.11.1 SAFETY PROGRAMS Constructor holds overall responsibility for safety for the Project. However, such obligation does not relieve Subcontractors their safety responsibilities and to comply with the Law. Constructor shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored onsite or offsite for use in the Work; and (c) property located at the Worksite and adjacent to work areas. 3.11.2 CONSTRUCTOR'S SAFETY REPRESENTATIVE Constructor shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Constructor in writing to Owner, Constructor’s project superintendent shall serve as its safety representative. Constructor shall report promptly in writing to Owner all recordable accidents and injuries occurring at the Worksite. When Constructor is required to file an accident report with a public authority, Constructor shall furnish a copy of the report to Owner. 3.11.3 Constructor shall provide Owner with copies of all notices required of Constructor by Law. Constructor's safety program shall comply with the requirements of authorities having jurisdiction.




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3.11.4 Damage or loss which may arise from the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Constructor, or anyone for whose acts Constructor may be liable, shall be promptly remedied by Constructor. 3.11.5 If Owner deems any part of the Work or Worksite unsafe, Owner, without assuming responsibility for Constructor's safety program, may require by Interim Directive, Constructor to stop performance of the Work, take corrective measures satisfactory to Owner, or both. If Constructor does not adopt corrective measures, Owner may perform them and deduct their cost from the Contract Price. Constructor agrees to make no claim for damages, for an increase in the Contract Price or Contract Time based on Constructor's compliance with Owner's reasonable request.

3.12 EMERGENCIES 3.12.1 In an emergency affecting the safety of persons or property, Constructor shall act in a reasonable manner to prevent threatened damage, injury, or loss. Any change in the Contract Price or Contract Time resulting from the actions of Constructor in an emergency situation not caused by the fault of Constructor or those for which it is responsible shall be determined as provided in ARTICLE 8.

3.13 HAZARDOUS MATERIALS

3.13.1 Constructor acknowledges that there is lead paint on the bridge and Constructor shall properly remove, handle and dispose of all lead paint materials. Except for lead paint, the Constructor shall not be obligated to commence Work until any Hazardous Material discovered at the Worksite has been removed, rendered, or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate governmental agency. 3.13.2 If after commencing the Work, Hazardous Material other than lead paint is discovered at the Worksite, Constructor shall immediately stop Work in the affected area. Constructor shall promptly report the condition to Owner, Design Professional, and, if required, the governmental agency with jurisdiction. 3.13.3 Constructor shall not resume nor be required to continue any Work affected by any Hazardous Material other than lead paint until after the Hazardous Material has been removed or rendered harmless and only after approval, if necessary, of the governmental agency with jurisdiction. 3.13.4 Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the material encountered and whether the material requires corrective measures or remedial action. Such measures shall be the responsibility of Owner, and shall be performed in a manner minimizing any adverse effect upon the Work.

3.13.5 If Constructor reasonably incurs additional costs or is delayed due to the presence or remediation of Hazardous Material other than lead paint, Constructor shall be entitled to an equitable adjustment in the Contract Price or the Contract Time in accordance with this Agreement. 3.13.6 To the extent not caused by breach of contract or the negligent or intentionally wrongful acts or omissions of Constructor, its Subcontractors and Subsubcontractors, and the agents, officers, directors, and employees of each of them, Owner shall defend, indemnify, and hold harmless Constructor, its Subcontractors and Subsubcontractors, and the agents, officers, directors, and employees of each of them, from and against all claims, damages, losses, costs, and expenses, including but not limited to reasonable attorneys' fees, costs, and expenses incurred in connection




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with any dispute resolution procedure, caused by the performance of the Work in any area affected by Hazardous Material other than lead paint.

3.13.7 Constructor shall not be entitled to reimbursement or time extensions to the extent the costs or delays were caused by or exacerbated by the fault or negligence of Constructor or its Subcontractors of any tier.

3.13.8 MATERIALS BROUGHT TO THE WORKSITE

3.13.8.1 Safety Data Sheets (SDS) as required by Law and pertaining to materials or substances used or consumed in the performance of the Work, whether obtained by Constructor, Subcontractors, Owner, or Others, shall be maintained at the Worksite by Constructor and made available to Owner, Subcontractors, and Others. 3.13.8.2 Constructor shall be responsible for the proper delivery, handling, application, storage, removal, and disposal of all materials and substances brought to the Worksite by Constructor and used or consumed in the performance of the Work. 3.13.8.3 To the extent caused by the negligence, breach of contract or intentionally wrongful acts or omissions of Constructor, its agents, officers, directors, and employees, Constructor shall indemnify and hold harmless Owner, its agents, officers, directors, and employees, from and against any and all claims, damages, losses, costs, and expenses, including but not limited to attorneys' fees, costs, and expenses incurred in connection with any dispute resolution procedure, arising out of or relating to the delivery, handling, application, storage, removal, and disposal of all materials and substances brought to the Worksite by Constructor.

3.13.8.4 Constructor shall obtain the Owner's written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as the same or reasonably similar terms are used in any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the Owner, the Constructor, at all times, shall:

.1 properly handle, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances;

.2 be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials that the Constructor has brought onto the Work site; and

.3 promptly clean up, without cost to the Owner, such spills, releases, discharges, or leaks to the Owner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances.

3.13.9 §3.13 in its entirety shall survive the completion of the Work or Agreement termination.

3.14 SUBMITTALS

3.14.1 Constructor shall submit to Owner and Design Professional all shop drawings, samples, product data, and similar submittals required by the Contract Documents for review and approval. Submittals shall be submitted in electronic form if required by §4.4.1. Constructor shall be responsible for the accuracy and conformity of its submittals to the Contract Documents. At no additional cost, Constructor shall prepare and deliver its submittals in a manner consistent with the Schedule of the Work and in such time and sequence so as not to delay the performance of the Work or the work of Owner and Others. Constructor submittals shall identify in writing for each submittal all changes, deviations, or substitutions from the requirements of the Contract Documents.




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The approval of any Constructor submittal shall not be deemed to authorize changes, deviations, or substitutions from the requirements of the Contract Documents unless a Change Order or Interim Directive specifically authorizes such deviation, substitution, or change. To the extent a change, deviation, or substitution causes an impact to the Contract Price or Contract Time, such approval shall be memorialized in a Change Order no later than seven (7) Days following approval by Owner. Neither Design Professional nor Owner shall make any change, deviation, or substitution through the submittal process without specifically identifying and authorizing such deviation to Constructor. If the Contract Documents do not contain submittal requirements pertaining to the Work, Constructor agrees upon request to submit in a timely fashion to Design Professional and Owner for review any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by Owner. 3.14.2 Owner shall be responsible for review and approval of submittals with reasonable promptness to avoid causing delay. 3.14.3 Constructor shall perform all Work strictly in accordance with approved submittals. Approval of shop drawings is not an authorization to perform changed work, unless the procedures of ARTICLE 8 are followed. Approval does not relieve Constructor from responsibility for Defective Work, including that resulting from errors or omissions on the approved shop drawings. 3.14.4 Record copies of the following, incorporating field changes and selections made during construction, shall be accessible at the Worksite and available to Owner upon request: drawings, specifications, addenda, Change Order and other modifications, and required submittals including product data, samples, and shop drawings. 3.14.5 Constructor shall prepare and submit to Owner:

☒ Final marked-up as-built drawings; ☒ Updated electronic data, in accordance with §4.4.1; or ☒ Other documentation required by the Contract Documents that specifies how various elements of the Work were actually constructed or installed.

3.15 DESIGN DELEGATION If the Contract Documents specify that Constructor is responsible for the design of a particular system or component to be incorporated into the Project, then Owner shall specify all required performance and design criteria. Constructor shall not be responsible for the adequacy of such performance and design criteria. As required by the Law, Constructor shall procure design services and certifications necessary to satisfactorily complete the Work from a licensed design professional. The signature and seal of Constructor’s design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Work designed or certified by Constructor’s design professional. 3.16 WORKSITE CONDITIONS

3.16.1 WORKSITE VISIT Constructor acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. 3.16.2 CONCEALED OR UNKNOWN SITE CONDITIONS If a condition encountered at the Worksite is (a) subsurface or other physical condition materially different from those indicated in the Contract Documents, or (b) unusual and unknown physical condition materially different from conditions ordinarily encountered and generally recognized as inherent in Work provided for in the Contract Documents and which could not have been discovered by reasonable investigation, Constructor shall stop affected Work after the concealed or unknown condition is first observed and give prompt




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written notice of the condition to Owner and Design Professional. Owner shall investigate and then issue an Interim Directive specifying the extent to which Owner agrees that a concealed or unknown condition exists and directing how Constructor is to proceed. Any change in the Contract Price or the Contract Time as a result of the condition, including any dispute about its existence or nature, shall be determined as provided in ARTICLE 8. 3.16.3 If, in the course of the Work, the Constructor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Constructor shall immediately suspend any operations that would affect them and shall notify the Owner. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Constructor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.

3.17 PERMITS AND TAXES

3.17.1 Constructor shall give public authorities all notices required by Law and, except for permits and fees that are the responsibility of Owner, shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Constructor shall provide to Owner copies of all notices, permits, licenses, and renewals required under this Agreement. 3.17.2 Constructor shall pay applicable taxes for the Work provided by Constructor. 3.17.3 If, in accordance with Owner's direction, Constructor claims an exemption for taxes, Owner shall indemnify and hold Constructor harmless from any liability, penalty, interest, fine, tax assessment, attorneys' fees, or other expense or cost incurred by Constructor as a result of any such claim.

3.18 CUTTING, FITTING, AND PATCHING

3.18.1 Constructor shall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of Owner or Others. 3.18.2 Cutting, patching, or altering the work of Owner or Others shall be done with the prior written approval of Owner. Such approval shall not be unreasonably withheld.

3.19 CLEAN UP

3.19.1 Constructor shall regularly remove debris and waste materials at the Worksite resulting from the Work. Before discontinuing Work in an area, Constructor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Constructor shall minimize and confine dust and debris resulting from construction activities. At the completion of the Work, Constructor shall remove from the Worksite all construction equipment, tools, surplus materials, waste materials, and debris returning ground conditions to as good as or better than they were before the Work commenced. 3.19.2 If Constructor fails to commence compliance with cleanup duties within two (2) Business Days after written notification from Owner of non-compliance, Owner may implement appropriate cleanup measures without further notice and shall deduct the reasonable costs from any amounts due or to become due to Constructor in the next payment period.

3.20 ACCESS TO WORK Constructor shall facilitate the access of Owner, Design Professional, and Others to Work in progress.




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3.21 COMPLIANCE WITH THE LAW, PERMITS AND GRANT AGREEMENTS Constructor shall comply with the Law and all permits at its own cost, including but not limited to (a) U.S. Army Corps of Engineers NWP-2020-84, (b) the letter from Steve Mrazik, Oregon Department of Environmental Quality, 401 Certificate dated April 27, 2021, (c) Connect Oregon Grant Agreement; and (d) Federal MARAD FY 2018 Build Grant No. 693JF71910014 Grant Agreement, all of which will be provided to Constructor upon written request. Constructor shall be liable to Owner for all loss, cost, or expense attributable to any acts or omissions by Constructor, its employees, subcontractors, suppliers, and agents for failure to comply with the Law and permits, including fines, penalties, or corrective measures. However, liability under this subsection shall not apply if prior approval by appropriate authorities and Owner is received.

3.22 CONFIDENTIALITY Constructor shall treat as confidential and not disclose to third-persons, nor use for its own benefit (“Treat as Confidential”), any of Owner's confidential information, know-how, discoveries, production methods, and the like disclosed to Constructor or which Constructor may acquire in performing the Work. To the extent necessary to perform the Work, Constructor’s confidentiality obligations do not apply to disclosures to Subcontractors, Subsubcontractors, and Suppliers. Confidentiality obligations do not supersede compulsion by Law, a governmental agency or authority, an order of a court of competent jurisdiction, or a validly issued subpoena. In such event, a Party shall promptly notify the other Party to permit that Party’s legal objection.

ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 INFORMATION AND SERVICES Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. 4.2 WORKSITE INFORMATION To the extent Owner has obtained, or is required in the Contract Documents to obtain the following Worksite information, then Owner shall provide to Constructor upon request, which Constructor may reasonably rely upon for its accuracy and completeness:

4.2.1 information describing the physical characteristics of the Worksite, including surveys, Worksite evaluations, legal descriptions, data or drawings depicting existing conditions, subsurface conditions, and environmental studies, reports, and investigations; and 4.2.2 tests, inspections, and other reports dealing with environmental matters, Hazardous Material and other existing conditions, including structural, mechanical, and chemical tests, required by the Contract Documents or by Law.

Provided, however, that Owner makes no representation or warranty (express or implied) related to the accuracy or completeness of the existing bridge documentation. Constructor acknowledges that the Owner disclaims responsibility for the accuracy or completeness of the existing bridge documentation and Constructor agrees that any reliance on such documentation shall be at Constructor’s sole risk and cost. 4.3 PERMITS, FEES, AND APPROVALS Except for those permits and fees related to the Work which are the responsibility of Constructor, Owner shall secure and pay for all other permits, approvals, easements, assessments, and fees required for the development, construction, use, or occupancy of permanent structures or for permanent changes in existing facilities, including the building permit. Without limiting the Constructor’s obligation to obtain required permits, Constructor is responsible for obtaining 1200-C construction stormwater general permit(s). 4.4 CONTRACT DOCUMENTS Unless otherwise specified, Owner shall not provide hard copies of the Contract Documents to Constructor unless Constructor pays Owner for the reproduction costs.

4.4.1 ELECTRONIC DOCUMENTS If Owner requires that Owner, Design Professional, and Constructor exchange documents and data in electronic or digital form, before any such exchange, Owner, Design Professional, and Constructor shall agree on and follow a written protocol governing




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all exchanges in ConsensusDocs 200.2 or a separate addenda, which, at a minimum, shall specify: (a) the definition of documents and data to be accepted in electronic or digital form or to be transmitted electronically or digitally; (b) management and coordination responsibilities; (c) necessary equipment, software, and services; (d) acceptable formats, transmission methods, and verification procedures; (e) methods for maintaining version control; (f) privacy and security requirements; and (g) storage and retrieval requirements. Except as otherwise agreed to by the Parties in writing, each Party shall bear its own costs as identified in the protocol. In the absence of a written protocol, use of documents and data in electronic or digital form shall be at the sole risk of the recipient.

4.5 OWNER'S REPRESENTATIVE Owner's Representative is Rick Adamek. Owner’s Representative shall be fully acquainted with the Project. If Owner changes its Representative or its Representative's authority, Owner shall immediately notify Constructor in writing. 4.6 OWNER'S CUTTING AND PATCHING Cutting, patching, or altering the Work by Owner or Others shall be done with the prior written approval of Constructor, which approval shall not be unreasonably withheld. 4.7 OWNER'S RIGHT TO CLEAN UP In case of a dispute between Constructor and Others with regard to respective responsibilities for clean up at the Worksite, Owner may implement appropriate cleanup measures after two (2) Business Days' notice and allocate the cost among those responsible during the following pay period. 4.8 COST OF CORRECTING DAMAGED OR DESTROYED WORK With regard to damage or loss attributable to the acts or omissions of Owner or Others and not to Constructor, Owner shall either (a) promptly remedy the damage or loss (and assume affected warranty responsibilities), (b) accept the damage or loss, or (c) issue an Interim Directive or Change Order to remedy the damage or loss. If Constructor incurs costs or is delayed due to such loss or damage, Constructor may seek an equitable adjustment in the Contract Price or Contract Time under this Agreement.

ARTICLE 5 SUBCONTRACTS 5.1 BINDING OF SUBCONTRACTORS AND SUPPLIERS Constructor agrees to bind every Subcontractor and Supplier (and require each Subcontractor to so bind its subcontractors and significant suppliers) to the Contract Document’s applicable provisions to that portion of the Work. 5.2 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

If this Agreement is terminated, each subcontract and supply agreement shall be assigned by Constructor to Owner, subject to the prior rights of any surety, provided that:

(a) this Agreement is terminated by Owner pursuant to §11.3 or §11.4; and (b) Owner accepts such assignment after termination by notifying Constructor and Subcontractor or Constructor and Supplier in writing, and assumes all rights and obligations of Constructor pursuant to each subcontract or supply agreement. 5.2.1 If Owner accepts such an assignment, and the Work has been suspended for more than thirty (30) consecutive Days, following termination, if appropriate, Subcontractor's or Supplier’s compensation shall be equitably adjusted as a result of the suspension.




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ARTICLE 6 TIME 6.1 DATE OF COMMENCEMENT The Date of Commencement is the date set forth in a Notice to Proceed issued by Owner to Constructor. The Owner anticipates issuing a Notice to Proceed on or about March 24, 2022.

6.1.1 SUBSTANTIAL/FINAL COMPLETION Substantial Completion of the Work shall be achieved in three hundred sixty-five (365) Days from the Date of Commencement. Unless otherwise specified in the Certificate of Substantial Completion, Constructor shall achieve Final Completion within thirty (30) Days after the date of Substantial Completion. The deadlines for Substantial and Final Completion are subject to adjustments as provided for in the Contract Documents. 6.1.2 Time is of the essence with regard to the obligations of the Contract Documents. 6.1.3 Unless instructed by Owner in writing, Constructor shall not knowingly commence the Work before the effective date of Constructor’s required insurance.

6.2 SCHEDULE OF THE WORK

6.2.1 Before submitting its first application for payment, Constructor shall submit to Owner, and if directed, to Design Professional, a Schedule of the Work showing the dates on which Constructor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from Owner. Except as otherwise directed by Owner, Constructor shall comply with the approved Schedule of the Work. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence-style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. Constructor shall update the Schedule of the Work on a monthly basis or as mutually agreed by the Parties.

6.2.2 Owner may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the Schedule of the Work. Owner may require Constructor to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by Owner or Others. If Constructor consequently incurs costs or is delayed, or both, Constructor may seek an equitable adjustment in the Contract Price or Contract Time under ARTICLE 8.

6.2.3 For purposes of whether any Change Orders or Interim Directives extend the contractual dates of Substantial Completion and Final Completion, any “float” or “slack” time for the whole or any part of the Work shall not be for the exclusive use or benefit of either the Owner or the Constructor but shall be reserved and apportioned by the Owner and Constructor in accordance with the needs of the Project. The Constructor shall not be entitled to make and waives any claim based upon an alleged inability to complete the Project early.

6.2.4 In the event the Owner determines that the performance of the Work has not progressed or reached the level of completion required by the current, approved schedule, the Owner shall have the right to order the Constructor to take corrective measures as necessary to restore the progress of the Work to the requirements of such schedule, including but not limited to (1) working additional shifts or overtime, (2) furnishing additional labor, services, materials, equipment and facilities and (3) other similar acceleration measures. The costs incurred by the Constructor pursuant to this Section shall be paid by the Constructor.

6.2.5 Without limiting the Owner’s rights, upon demand by the Owner, the Constructor shall prepare and submit to the Owner a “Recovery Schedule,” in a form and providing sufficient detail to explain




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and display how the Constructor intends to reschedule those activities to regain compliance with the Constructor’s schedule during an agreed Recovery Period.

6.3 DELAYS AND EXTENSIONS OF TIME

6.3.1 If Constructor is materially delayed at any time in the commencement or progress on the critical path of the Work by any cause beyond the control of Constructor, Constructor may be entitled to an equitable extension of the Contract Time. Examples of causes beyond the control of Constructor may include the following: (a) improper acts or omissions of Owner, Design Professional, or Others; (b) changes in the Work or the sequencing of the Work ordered by Owner; (c) encountering Hazardous Materials other than lead paint, or concealed or unknown conditions subject to §3.13 and §3.16 (d) delay authorized by Owner pending dispute resolution or suspension by Owner under §11.1; (e) transportation delays not reasonably foreseeable; (f) labor disputes not involving Constructor; (g) general labor disputes impacting the Project but not specifically related to the Worksite; (h) fire; (i) Terrorism; (j) epidemics; (k) adverse governmental actions; (l) unusual adverse weather conditions not reasonably anticipated. Constructor shall submit any requests for equitable extensions of Contract Time in accordance with ARTICLE 8. 6.3.2 In addition, if Constructor incurs additional costs as a result of a delay that is caused by items (a) through (d) immediately above, Constructor shall be entitled to an equitable adjustment in the Contract Price. 6.3.3 NOTICE OF DELAYS If delays to the Work are encountered for any reason, Constructor shall provide prompt written notice to Owner of the cause of such delays after Constructor first recognizes the delay. The Parties each agree to take reasonable steps to mitigate the effect of such delays.

6.4 NOTICE OF DELAY CLAIMS If Constructor requests an equitable extension of the Contract Time or an equitable adjustment in the Contract Price as a result of a delay described in §0, Constructor shall give Owner written notice of the claim in accordance with §8.4. If Constructor causes delay in the completion of the Work, Owner shall be entitled to recover its additional costs. Owner shall process any such claim against Constructor in accordance with ARTICLE 8. 6.5 LIQUIDATED DAMAGES

6.5.1 SUBSTANTIAL COMPLETION Liquidated damages based on Substantial Completion date ☒shall/ ☐shall not apply.

6.5.1.1 Owner will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Constructor shall pay Owner two hundred fifty ($250) as liquidated damages and not as a penalty for each Day that Substantial Completion extends beyond the Substantial Completion date. These liquidated damages are in lieu of all liability for all extra costs, losses, expenses, claims, penalties, and any other damages of any nature incurred by Owner resulting from not attaining the Substantial Completion date.

ARTICLE 7 PRICE 7.1 LUMP SUM Lump sum is the Contract Price of [_____] dollars ($[_____]) subject to adjustment as provided in this Agreement. 7.2 ALLOWANCES




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7.2.1 Allowances shall include the costs of materials, supplies, and equipment delivered to the Worksite, less applicable trade discounts and including requisite taxes, unloading and handling at the Worksite, and labor and installation, unless specifically stated otherwise. Constructor's Overhead and profit for the allowances is included in the Contract Price, not in the allowances. If incurred costs are greater or less than the allowances, a Party may seek an equitable adjustment in the Contract Price or Contract Time under ARTICLE 8.

7.3 UNIT PRICE ITEMS In addition to the lump sum Contract Price, for Bid Items A.04 and A.05, Owner will pay Constructor only for measured quantities of such items actually incorporated into the Work according to the terms of this Agreement. The Constructor understands and agrees that the unit price estimated quantities listed the Bid Schedule do not govern payment. Payment constitutes full compensation to the Constructor for furnishing all supervision, testing, labor, materials, equipment, overhead, profit and all other items necessary or incidental to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the Work or from the action of the elements. The Constructor shall include the proportionate costs of bonds and insurance for the Project in the unit prices. The unit prices are set forth below: Line Item Unit Price A.04 Supply and install – laterals Pounds $ A.05 Supply and install - miscellaneous steel Pounds $ 7.4 UNITS STATED ON DRAWINGS The drawings include tables of repairs that list quantities under the “No. of Locations” column heading. The quantities listed are provided for information only and the Owner does not guarantee the accuracy of such quantities. Owner expressly disclaims any representation, warranty or other assurance as to the accuracy or completeness of such quantities. Constructor should conduct its own investigations and not rely upon such quantities; any such reliance by Constructor is at Constructor’s sole risk and cost.

ARTICLE 8 CHANGES Changes in the Work that are within the general scope of this Agreement shall be accomplished, without invalidating this Agreement, by Change Order and Interim Directive. 8.1 CHANGE ORDER

8.1.1 Constructor may request or Owner may order changes in the Work or the timing or sequencing of the Work that impact the Contract Price or the Contract Time. All such changes in the Work that affect Contract Time or Contract Price shall be formalized in a Change Order and processed in accordance with this article. 8.1.2 For changes in the Work, the Parties shall negotiate an appropriate adjustment to the Contract Price or the Contract Time in good faith and conclude negotiations as expeditiously as possible. Acceptance of the Change Order and any adjustment in the Contract Price or Contract Time shall not be unreasonably withheld. 8.1.3 NO OBLIGATION TO PERFORM Constructor shall not be obligated to perform changes in the Work without a Change Order or Interim Directive.

8.2 INTERIM DIRECTIVES

8.2.1 Owner may issue an Interim Directive directing a change in the Work before agreeing on an adjustment to Contract Price or Contract Time, or directing Constructor to perform Work that Owner believes is not a change. If the Parties disagree that the Interim Directed work is within the scope of




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the Work, Constructor shall perform the disputed Work and furnish Owner with an estimate of the costs to perform the disputed work in accordance with Owner's interpretations. 8.2.2 The Parties shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the Contract Price or the Contract Time arising out of an Interim Directive. As the directed Work is performed, Constructor shall submit its costs for such Work with its application for payment beginning with the next application for payment within thirty (30) Days of the issuance of the Interim Directive. If there is a dispute as to the cost to Owner, the Parties reserve their rights as to the disputed amount, subject to the requirements of ARTICLE 12. Undisputed amounts may be included in applications for payment and shall be paid by Owner in accordance with this Agreement. 8.2.3 When the Parties agree upon the adjustment in the Contract Price or the Contract Time, for a change in the Work directed by an Interim Directive, such agreement shall be the subject of a Change Order. The Change Order shall include all outstanding Interim Directives on which The Parties have reached agreement on Contract Price or Contract Time issued since the last Change Order.

8.3 DETERMINATION OF COST

8.3.1 An increase or decrease in the Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 8.3.2 unit prices set forth in this Agreement or as subsequently agreed; 8.3.3 a mutually accepted, itemized lump sum; or

8.3.4 COST OF THE WORK Cost of the Work as defined by this §8.3.4 plus 15% for Overhead and profit. “Cost of the Work” shall include the following costs reasonably incurred in the proper performances of the Work to perform a change in the Work:

8.3.4.1 Labor wages directly employed by Constructor performing the Work; 8.3.4.2 Salaries of Constructor's employees when stationed at the field office to the extent necessary to complete the applicable Work, employees engaged on the road expediting the production or transportation of material and equipment, and supervisory employees from the principal or branch office as mutually agreed by the Parties in writing; 8.3.4.3 Cost of applicable employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Constructor's standard personnel policy, insofar as such costs are paid to employees of Constructor who are included in the Cost of the Work in §8.3.4.1 and §8.3.4.2; 8.3.4.4 Reasonable transportation, travel, and lodging expenses of Constructor's personnel incurred in connection with the Work; 8.3.4.5 Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by Owner, transportation, storage, and handling; 8.3.4.6 Payments made by Constructor to Subcontractors for performed Work; 8.3.4.7 Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value of such items used, but not consumed that remain the property of Constructor;




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8.3.4.8 Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Constructor or others, including installation, repair and replacement, dismantling, removal, maintenance, transportation, and delivery costs. Rental from unrelated third parties shall be reimbursed at actual cost. Rentals from Constructor or its affiliates, subsidiaries, or related parties shall be reimbursed at the prevailing rates in the locality of the Worksite up to eighty-five percent (85%) of the value of the piece of equipment; 8.3.4.9 Cost of the premiums for all insurance and surety bonds which Constructor is required to procure or deems necessary, and approved by Owner including any additional premium incurred as a result of any increase in the cost of the Work; 8.3.4.10 Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Constructor is liable; 8.3.4.11 Permits, fees, licenses, tests, and royalties; 8.3.4.12 Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work, provided that such did not arise from the fault or negligence of Constructor or those for which it is responsible, including its subcontractors of all tiers. 8.3.4.13 Water, power, and fuel costs necessary for the changed Work; 8.3.4.14 Cost of removal of all nonhazardous substances, debris, and waste materials; 8.3.4.15 Costs directly incurred to perform a change in the Work which are reasonably inferable from the Contract Documents for the changed Work; 8.3.4.16 DISCOUNTS All discounts for prompt payment shall accrue to Owner to the extent such payments are made directly by Owner. To the extent payments are made with funds of Constructor, all cash discounts shall accrue to Constructor. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work; 8.3.4.17 COST REPORTING Constructor shall maintain complete and current records that comply with generally accepted accounting principles and calculate the Cost of Work. Owner shall be afforded access to Constructor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to requested payment for Cost of the Work. Constructor shall preserve all such records for a period of three years after the final payment or longer where required by Law;

8.3.4.18 COST AND SCHEDULE ESTIMATES Constructor shall use reasonable skill and judgment in the preparation of a cost estimate or schedule for a change to the Work.

8.3.4.19 Cost of the Work pursuant to §8.3.4 is determined net of savings from the change. Constructor's Overhead and profit shall be added to any net increase in Cost of the Work. No Overhead and profit shall be applied to any net decrease in the Cost of the Work that is less than ten (10) percent of the Contract Price. Overhead and profit shall be applied to any net decrease of ten (10) percent or more. Constructor shall maintain a documented, itemized accounting evidencing expenses and savings.

8.3.5 If unit prices are set forth in the Contract Documents or the Parties subsequently agree, but the character or quantity of such unit items as originally contemplated is so different in a




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proposed Change Order that the original unit prices will cause substantial inequity to either Party, such unit prices shall be equitably adjusted.

8.4 CHANGES NOTICE Except as provided in §6.3.2 and §6.4 for any claim for an increase in the Contract Price or the Contract Time, Constructor shall give Owner written notice of the claim within fourteen (14) Days after the occurrence giving rise to the claim or within fourteen (14) Days after Constructor first recognizes the condition giving rise to the claim, whichever is later. Except in an emergency, notice shall be given before proceeding with the Work. Thereafter, Constructor shall submit written documentation of its claim, including appropriate supporting documentation, within twenty-one (21) Days after giving notice, unless the Parties mutually agree upon a longer period of time. Owner shall respond in writing denying or approving Constructor's claim no later than fourteen (14) Days after receipt of Constructor's claim. Owner's failure to so respond shall be deemed a denial of the claim. Any change in the Contract Price or the Contract Time resulting from such claim shall be authorized by Change Order. The failure of Constructor to give notice as required herein shall result in the waiver of its claim if Owner suffers any degree of prejudice as the result of the untimeliness or insufficiency of any notice. 8.5 INCIDENTAL CHANGES Owner may direct Constructor to perform incidental changes in the Work, upon concurrence with Constructor that such changes do not involve adjustments in the Contract Price or Contract Time. Incidental changes shall be consistent with the scope and intent of the Contract Documents. Owner shall initiate an incidental change in the Work by issuing an Interim Directive.

ARTICLE 9 PAYMENT 9.1 SCHEDULE OF VALUES Within fourteen (14) Days from the date of execution of this Agreement, Constructor shall prepare and submit to Owner for review and approval and, if directed, Design Professional, a schedule of values apportioned to the various divisions or phases of the Work. Each line item contained in the schedule of values shall be assigned a value such that the total of all items shall equal the Contract Price. 9.2 PROGRESS PAYMENTS

9.2.1 APPLICATIONS Constructor shall submit to Owner, and if directed, Design Professional a monthly application for payment no later than the [_____] Day of the calendar month for the preceding calendar month. Constructor's applications for payment shall be itemized and supported by Constructor's schedule of values approved by the Owner based on (a) a percentage of completion and, (b) for unit price items, the accepted actual quantities of Work performed shall be paid for at the unit price set forth herein, per unit of measurement. Applications for payment shall include any other substantiating data as required by this Agreement. Applications for payment shall include payment requests on account of properly authorized Change Orders or Interim Directives. Owner shall pay the amount due on a payment application, no later than thirty (30) Days after accepting such application. Owner may deduct from any progress payment amounts that may be retained pursuant to §9.2.4. 9.2.2 STORED MATERIALS AND EQUIPMENT Unless otherwise provided in the Contract Documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Constructor of bills of sale and proof of required insurance, or such other documentation satisfactory to Owner to establish the proper valuation of the stored materials and equipment, Owner's title to such materials and equipment, and to otherwise protect Owner's interests therein, including transportation to the Worksite. 9.2.3 BOND CLAIM WAIVERS




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9.2.3.1 PARTIAL BOND CLAIM WAIVERS AND AFFIDAVITS As a prerequisite for payment, Constructor shall provide partial bond claim waivers from its Subcontractors and Suppliers for the completed Work. Such waivers shall be conditional upon payment.

9.2.4 RETAINAGE From each progress payment made before Substantial Completion, Owner may retain five percent (5%) of the amount otherwise due after deduction of any amounts as provided in §9.3, provided such percentage doesn’t exceed the Law.

9.3 ADJUSTMENT OF CONSTRUCTOR'S PAYMENT APPLICATION Owner may adjust or reject a payment application or nullify a previously approved payment application, in whole or in part, as may reasonably be necessary to protect Owner from loss or damage based upon the following:

9.3.1 Constructor's failure to perform the Work as required by the Contract Documents; 9.3.2 Except as accepted by the insurer providing Builder's Risk or other property insurance covering the project, loss or damage arising out of or relating to this Agreement and caused by Constructor to Owner or to others to whom Owner may be liable; 9.3.3 Constructor's failure to properly pay either Subcontractors or Suppliers following receipt of payment from Owner for that portion of the Work or for supplies, provided that Owner is making payments to Constructor in accordance with this Agreement; 9.3.4 rejected or Defective Work not corrected in a timely fashion; 9.3.5 reasonable evidence of delay in performance of the Work such that the Work will not be completed within the Contract Time; 9.3.6 reasonable evidence demonstrating that the unpaid balance of the Contract Price is insufficient to fund the cost to complete the Work; and 9.3.7 uninsured third-party claims involving Constructor, or reasonable evidence demonstrating that third-party claims are likely to be filed unless and until Constructor furnishes Owner with adequate security in the form of a surety bond, letter of credit, or other collateral or commitment sufficient to discharge such claims if established. No later than twenty-one (21) Days after receipt of an application for payment, Owner shall give written notice to Constructor, at the time of disapproving or nullifying all or part of an application for payment, stating its specific reasons for such disapproval or nullification, and the remedial actions to be taken by Constructor in order to receive payment. When the above reasons for disapproving or nullifying an application for payment are removed, payment will be promptly made for the amount previously withheld.

9.4 ACCEPTANCE OF WORK Neither Owner's inspections, payment of progress payments or its partial or full use or occupancy of the Project constitutes acceptance of Work not complying with the Contract Documents. 9.5 PAYMENT DELAY If for any reason not the fault of Constructor, Constructor does not receive a progress payment from Owner within fourteen (14) Days after the time such payment is due, then Constructor, upon giving fourteen (14) Days' written notice to Owner, and without prejudice to and in addition to any other legal remedies, may stop Work until payment of the full amount owing to Constructor has been received, including interest for late payment. If Constructor incurs costs or is delayed resulting




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from shutdown, delay, and start-up, Constructor may seek an equitable adjustment in the Contract Price or Contract Time under ARTICLE 8. 9.6 SUBSTANTIAL COMPLETION

9.6.1 Constructor shall notify Owner and, if directed, Design Professional, when it considers Substantial Completion of the Work or a designated portion to have been achieved. Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by Owner without excessive interference in completing any remaining unfinished Work. If Owner determines that the Work or designated portion has not reached Substantial Completion, Owner shall promptly compile a list of items to be completed or corrected so Owner may occupy or use the Work or designated portion for its intended use. Constructor shall promptly complete all items on the list. 9.6.2 When Substantial Completion of the Work or a designated portion is achieved, Constructor shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work. In the absence of a clear delineation of responsibilities, Owner shall assume all responsibilities for items such as security, maintenance, utilities, insurance, and damage to the Work. The Certificate of Substantial Completion shall also list any items to be completed or corrected, and establish the time for their completion or correction. The Certificate of Substantial Completion shall be submitted by Constructor to Owner and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. 9.6.3 Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion.

9.7 PARTIAL OCCUPANCY OR USE

9.7.1 Owner may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, and (b) appropriate public authorities authorize the occupancy or use. Such partial occupancy or use shall constitute Substantial Completion of that portion of the Work.

9.8 FINAL COMPLETION AND FINAL PAYMENT

9.8.1 Upon notification from Constructor that the Work is complete and ready for final inspection and acceptance, Owner shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. 9.8.2 When Final Completion has been achieved, Constructor shall prepare for Owner's written acceptance a final application for payment stating that to the best of Constructor's knowledge, and based on Owner's inspections, the Work has reached Final Completion in accordance with the Contract Documents. 9.8.3 Final payment of the balance of the Contract Price shall be made to Constructor within thirty (30) Days after Constructor has submitted a complete and accurate application for final payment, including submissions required under §9.8.4, and a Certificate of Final Completion has been executed by the Parties. 9.8.4 Final payment is due upon Constructor's submission to Owner of the following:




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9.8.4.1 An affidavit declaring any indebtedness connected with the Work to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber Owner's property; 9.8.4.2 As-built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; 9.8.4.3 Releases of any bond claims from subcontractors and suppliers conditioned on final payment being received; 9.8.4.4 Consent of any surety; and 9.8.4.5 Any outstanding known and unreported accidents or injuries experienced by Constructor or its Subcontractors at the Worksite.

9.8.5 If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Constructor, Owner shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Constructor shall submit to Owner, and if directed, Design Professional, the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by these final payment provisions. 9.8.6 OWNER’S CLAIMS RESERVATION All Owner’s claims are reserved, notwithstanding final payment, including without limitation warranties, Defective Work, and latent defects. 9.8.7 CONSTRUCTOR ACCEPTANCE OF FINAL PAYMENT Unless Constructor provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims.

9.9 LATE PAYMENT Payments due but unpaid shall bear interest from the date payment is due at the statutory rate at the place of the Project.

ARTICLE 10 INDEMNITY, INSURANCE, AND BONDS 10.1 INDEMNITY To the fullest extent permitted by law, Constructor shall indemnify, defend and hold harmless Owner and its officers, directors, members, consultants, agents, and employees (the Indemnitees) from all claims, demands, suits, actions, costs, damages (including to the Project itself) and other property, including reasonable attorneys’ fees, costs and expenses, that may arise from the performance of the Work, but only to the extent caused by the breach of contract, negligence or intentionally wrongful acts or omissions of Constructor, Subcontractors, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. Constructor shall not be required to indemnify or hold harmless the Indemnitees for any negligent or intentionally wrongful acts or omissions of the Indemnitees. 10.2 ODOT INDEMNITY To the fullest extent permitted by law, Constructor shall indemnify, defend, save and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Oregon Department of Transportation, and their respective officers, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses, including attorneys’ fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Constructor or its officers, agents, employees or Subcontractors (“ODOT-Related Claims”). It is the specific intention of the Owner and Constructor that the State of Oregon, acting by and through its Oregon Department of Transportation, shall, in all instances, except for ODOT-Related Claims arising solely from the negligent or willful acts or omissions of




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the State of Oregon, acting by and through its Oregon Department of Transportation, be indemnified by Constructor from and against any and all ODOT-Related Claims. Neither Constructor nor its Subcontractors shall defend any claim in the name of the State of Oregon, acting by and through its Oregon Department of Transportation or any agency of the State of Oregon, nor purport to act as a legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. 10.3 INSURANCE See Exhibit E. 10.4 ROYALTIES, PATENTS, AND COPYRIGHTS Constructor shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Constructor and incorporated in the Work. Constructor shall defend, indemnify, and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 10.5 BONDS Constructor shall furnish separate bonds covering the faithful performance of the Agreement and the payment of obligations arising thereunder. The State of Oregon, acting by and through its Oregon Department of Transportation shall be a dual obligee on such bonds. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Price, and such amount shall be adjusted as the Contract Price is adjusted pursuant to the Contract Documents. The form of the bonds shall be in the form attached as Exhibit F. The surety on such bonds shall be authorized to do business in the State of Oregon and shall have an A.M. Best Financial Strength Rating of A or better. The Constructor shall deliver the required bonds to the Owner not later than three (3) business days following the Constructor’s execution of the Agreement. The Constructor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. Any Change Order, Interim Directive, or change or amendment to the Agreement shall not be subject to inspection or approval by any surety on any required bond. The surety on such bond, by issuing the bond, expressly waives its right to approve, and consents to, any such Change Order, Interim Directive, or change or amendment. The surety on any required bond agrees to be bound by the Dispute Resolution procedures herein. The surety shall be bound by the decisions and award/judgment of the arbitrator(s) or court in the same way and to the same extent that the Constructor shall be bound. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Constructor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

ARTICLE 11 SUSPENSION, NOTICE TO CURE, AND TERMINATION 11.1 SUSPENSION BY OWNER FOR CONVENIENCE

11.1.1 OWNER SUSPENSION Should Owner order Constructor in writing to suspend, delay, or interrupt the performance of the Work for the convenience of Owner and not due to any act or omission of Constructor or any person or entity for whose acts or omissions Constructor may be liable, then Constructor shall immediately suspend, delay, or interrupt that portion of the Work for the time period ordered by Owner.

11.1.2 Any action taken by Owner that is permitted by any other provision of the Contract Documents and that results in a suspension of part or all of the Work does not constitute a suspension of Work under this section.

11.2 NOTICE TO CURE A DEFAULT If Constructor persistently fails to supply enough qualified workers, proper materials, or equipment to maintain the approved Schedule of the Work, or fails to make prompt payment to its workers, Subcontractors, or Suppliers, disregards a Law or orders of any public authority having jurisdiction, or is otherwise guilty of a material breach of a provision of this Agreement, Constructor may be deemed in default.




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11.2.1 After receiving Owner’s written notice, if Constructor fails within three (3) Days after receipt of written notice from Owner to commence and continue satisfactory correction of such default with diligence and promptness, then Owner shall give Constructor a second notice to correct the default within three (3) Business Days after receipt. The second notice to Constructor, and if applicable, the surety, may include, that Owner intends to terminate this Agreement for default absent appropriate corrective action.

11.2.2 If Constructor fails to promptly commence and continue satisfactory correction of the default following receipt of such second notice, Owner without prejudice to any other rights or remedies may: (a) take possession of the Worksite; (b) complete the Work utilizing reasonable means; (c) withhold payment due to Constructor; and (d) as Owner deems necessary, supply workers and materials, equipment, and other facilities for the satisfactory correction of the default, and charge Constructor the costs and expenses, including reasonable Overhead, profit, and attorneys' fees.

11.2.3 In the event of an emergency affecting the safety of persons or property, Owner may immediately commence and continue satisfactory correction of such default without first giving written notice to Constructor, but shall give Constructor prompt written notice.

11.3 OWNER'S RIGHT TO TERMINATE FOR DEFAULT

11.3.1 TERMINATION BY OWNER FOR DEFAULT Upon expiration of the second notice period to cure pursuant to §11.2 and absent appropriate corrective action, Owner may terminate this Agreement by written notice. Termination for default is in addition to any other remedies available to Owner under §11.2. If Owner's costs arising out of Constructor's failure to cure, including the costs of completing the Work and reasonable attorneys' fees, exceed the unpaid Contract Price, Constructor shall be liable to Owner for such excess costs. If Owner exercises its rights under this section, upon the request of Constructor, Owner shall furnish to Constructor a detailed accounting of the costs incurred by Owner. 11.3.2 USE OF CONSTRUCTOR'S MATERIALS, SUPPLIES, AND EQUIPMENT If Owner or Others perform work under §11.3, Owner shall have the right to take and use any materials and supplies for which Owner has paid and located at the Worksite for the purpose of completing any remaining Work. Owner and others performing work under §11.3 shall also have the right to use construction tools and equipment located on the Worksite and belonging to the Constructor or Subsubcontractors for the purpose of completing the remaining Work. Immediately upon completion of the Work, any remaining materials, supplies, or equipment not consumed or incorporated in the Work shall be returned to Constructor in substantially the same condition as when they were taken, reasonable wear and tear excepted. 11.3.3 If Constructor files a petition under the Bankruptcy Code, this Agreement shall terminate if: (a) a default occurred and Constructor is unable to give adequate assurance of required performance; or (b) Constructor is otherwise unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. 11.3.4 Owner shall make reasonable efforts to mitigate damages arising from Constructor default, and shall promptly invoice Constructor for all amounts due pursuant to §11.2 and §11.3.

11.4 TERMINATION BY OWNER FOR CONVENIENCE

11.4.1 Upon Constructor’s receipt of Owner’s written notice from Owner, Owner may, without cause, terminate this Agreement in whole or part. Constructor shall immediately stop the Work, follow




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Owner's instructions regarding shutdown and termination procedures, and strive to minimize any further costs. 11.4.2 If Owner terminates this Agreement for convenience, Constructor shall be paid: (a) for the Work properly performed to date including Overhead and profit and; (b) for all demobilization costs and costs reasonably incurred resulting from termination, but not including Overhead or profit on Work not performed. 11.4.3 If Owner terminates this Agreement, Constructor shall:

11.4.3.1 execute and deliver to Owner all papers and take all action required to assign, transfer, and vest in Owner the rights of Constructor to all materials, supplies, and equipment for which payment has been or will be made in accordance with the Contract Documents and all subcontracts, orders, and commitments which have been made in accordance with the Contract Documents; 11.4.3.2 exert reasonable effort to reduce to a minimum Owner's liability for subcontracts, orders, and commitments that have not been fulfilled at the time of the termination; 11.4.3.3 cancel any subcontracts, orders, and commitments as Owner directs; and 11.4.3.4 sell at prices approved by Owner any materials, supplies, and equipment as Owner directs, with all proceeds paid or credited to Owner.

11.5 CONSTRUCTOR'S RIGHT TO TERMINATE

11.5.1 Fourteen (14) Days' after Owner’s receipt of written notice from Constructor, Constructor may terminate this Agreement if the Work has been stopped for a one hundred and eighty (180) Day period through no fault of Constructor for any of the following reasons:

(a) under court order or order of other governmental authorities having jurisdiction; (b) as a result of the declaration of a national emergency or other governmental act

during which, through no act or fault of Constructor, materials are not available; or

(c) suspension by Owner for convenience pursuant to §11.1.

11.5.2 In addition, upon fourteen (14) Days' written notice to Owner and an opportunity to cure within ten (10) Days, Constructor may terminate this Agreement if Owner:

11.5.2.1 fails to pay Constructor in accordance with this Agreement and Constructor has stopped Work in compliance with §9.5; or 11.5.2.2 otherwise materially breaches this Agreement.

11.5.3 Upon termination by Constructor in accordance with §11.5.2, Constructor is entitled to recover from Owner payment for all Work properly executed plus reasonable Overhead and profit on Work not performed.

11.6 OBLIGATIONS ARISING BEFORE TERMINATION Even after termination, the provisions of this Agreement still apply to any Work performed, payments made, events occurring, costs charged or incurred, or obligations arising before the termination date.




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ARTICLE 12 DISPUTE MITIGATION AND RESOLUTION 12.1 WORK CONTINUANCE AND PAYMENT Constructor shall continue the Work and maintain the Schedule of the Work during any dispute mitigation or resolution procedure. If Constructor continues to perform, Owner shall continue to make payments in accordance with this Agreement. 12.2 DIRECT DISCUSSIONS If the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If the Parties' representatives are not able to resolve such matter within ten (10) Business Days from the date of first discussion, the Parties' representatives shall immediately inform senior executives of the Parties in writing that a resolution could not be reached. Upon receipt of such notice, the senior executives of the Parties shall meet within twenty (20) Business Days to endeavor to reach resolution. If the dispute remains unresolved after fifteen (15) Days from the date of first discussion, the Parties shall submit such matter to the dispute mitigation and dispute resolution procedures selected below. 12.3 MEDIATION If direct discussions pursuant to §12.2 do not result in resolution of the matter, the Parties shall endeavor to resolve the matter by mediation. The mediation shall be convened within ninety (90) Business Days of the matter first being discussed and shall conclude within one hundred (100) Business Days of the matter first being discussed. Either Party may terminate the mediation at any time after the first session by written notice to the non-terminating Party and mediator. The costs of the mediation shall be shared equally by the Parties. 12.4 BINDING DISPUTE RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure selected below:

12.4.1 CONSOLIDATED ARBITRATION/LITIGATION Any claim, dispute or other matter in question arising out of or related to this Agreement shall be decided by arbitration in Coos County, Oregon. The demand for arbitration shall be filed in writing with the other party to this Agreement. The parties shall mutually select the arbitrator and the rules applicable to the arbitration process. The parties shall agree on the method for arbitrator selection. If the parties cannot agree on the choice of arbitrator, method of selection or the rules, the parties shall apply to the local state court to appoint the arbitrator and select the rules. The arbitration shall include, by consolidation or joinder or in any other manner, any additional persons or entities if (1) such persons or entities are materially involved in a common issue of law or fact in dispute and (2) such persons or entities are either contractually bound to arbitrate or otherwise consent to arbitration. If another involved person or entity will not consent to arbitration, Owner, in its sole discretion, has the option to elect consolidated litigation to resolve the dispute. The venue for such litigation shall be Coos County, Oregon and the outcome shall be decided by the judge only (bench trial). Both parties expressly waive their right to a jury trial. If another involved party will not consent to a bench trial, Owner, in its sole discretion, has the option to elect a consolidated jury trial. It is understood that the purpose of this section is to allow Owner to determine the best means of achieving a single consolidated proceeding that will minimize duplicative processes and minimize the risk of inconsistent results, in the following order of preference: (1) a consolidated arbitration of all significant parties, if possible; (2) alternatively, a consolidated bench trial of all significant parties, if possible; or (3) alternatively, and as a last resort, a consolidated jury trial of all significant parties.

12.4.2 The agreements contained in this Section 12.4 and its subsections shall be specifically enforceable in accordance with applicable law in any court having jurisdiction. Any award rendered by an arbitrator or panel shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. The arbitrator or panel is




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specifically empowered to award attorneys’ fees and costs to the extent allowed by contract or law.

12.4.3 ATTORNEYS’ FEES AND COSTS The costs of any binding dispute resolution procedures and reasonable attorneys’ fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute.

12.4.4 VENUE The Project location, Lane County, shall serve as the venue.

ARTICLE 13 MISCELLANEOUS

13.1 EXTENT OF AGREEMENT Except as expressly provided, this Agreement is for the exclusive benefit of the Parties, and not for the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. 13.2 ASSIGNMENT Except as to the assignment of proceeds, the Parties shall not assign their interest in this Agreement without the written consent of the other. The terms and conditions of this Agreement shall be binding upon both Parties, their partners, successors, assigns, and legal representatives. Neither Party shall assign the Agreement as a whole without written consent of the other except that Owner may assign the Agreement to a wholly owned subsidiary of Owner when Owner has fully indemnified Constructor or to an institutional lender providing construction financing for the Project as long as the assignment is no less favorable to Constructor than this Agreement. If such assignment occurs, Constructor shall execute any consent reasonably required. In such event, the wholly owned subsidiary or lender shall assume Owner's rights and obligations under the Contract Documents. If either Party attempts to make such an assignment, that Party shall nevertheless remain legally responsible for all obligations under this Agreement, unless otherwise agreed by the other Party. 13.3 GOVERNING LAW The law in effect at the location of the Project shall govern this Agreement. 13.4 SEVERABILITY The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision.

13.5 NOTICE Unless changed in writing, a Party’s address indicated in Article 1 shall be used when delivering notice to a physical address. Except for Agreement termination and as otherwise specified in the Contract Documents, notice is effective upon transmission by any effective means, including U.S. postal service and overnight delivery service. 13.6 NO WAIVER OF PERFORMANCE Either Party’s failure to insist upon any, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance or any other term, covenant, condition, or right. 13.7 TITLES The titles given to the articles are for ease of reference only and shall not be relied upon or cited for any other purpose. 13.8 JOINT DRAFTING The Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party, but shall be construed in a neutral manner. 13.9 The Contract will be governed by the laws of the State of Oregon, including all requirements for public contracts, including, but not limited to, certain required contractual provisions. Required contract provisions are attached as Exhibit D and are incorporated herein by this reference. However, Constructor




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and Owner agree to comply with all requirements of ORS Chapter 279A and 279C, the Public Contracting Rules and other Oregon laws whether or not such provisions are included in Exhibit D.

ARTICLE 14 CONTRACT DOCUMENTS 14.1 EXISTING CONTRACT DOCUMENTS

14.1.1 The Contract Documents in existence at the time of execution of this Agreement include:

(a) Drawings: See Exhibit B. (b) Specifications: See Exhibit C. (c) Addenda: [_____]

14.2 INTERPRETATION OF CONTRACT DOCUMENTS

14.2.1 The drawings and specifications are complementary. If Work is shown only on one but not on the other, Constructor shall perform the Work as though fully described on both. 14.2.2 In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, Constructor shall immediately submit the matter to Owner for clarification. Subject to an equitable adjustment in Contract Time or Contract Price pursuant to ARTICLE 8, or a dispute mitigation and resolution, Owner's clarifications are final and binding. 14.2.3 Where figures are given, they shall be preferred to scaled dimensions. 14.2.4 Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings.

14.3 ORDER OF PRECEDENCE In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written amendments to this Agreement; (b) this Agreement; (c) subject to §14.2.2 the drawings (large scale governing over small scale), specifications, and addenda issued and acknowledged before Agreement execution or signed by both Parties; (d) information furnished by Owner pursuant to §3.13.4 or designated as a Contract Document in §14.1; (e) other Contract Documents listed in this Agreement. Among categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. OWNER: [_____] BY: __________________________ NAME: ______________________ TITLE: _________________

WITNESS: ____________________ NAME: ______________________ TITLE: _________________

CONSTRUCTOR: [_____]

BY: __________________________ NAME: ______________________ TITLE: _________________

WITNESS: ____________________ NAME: ______________________ TITLE: _________________

END OF DOCUMENT.

COOS BAY RAIL LINE

STEEL BRIDGES REPAIR PROJECT

SECTION 09999

CONSTRUCTION AND RAILROAD COORDINATION SPECIFICATIONS

PART 1 GENERAL

1.0 SCOPE OF WORK

The Contractor’s scope of work includes steel component repairs to the bridges of the railroad located at mileposts (MP):

- 677.80 | Wildcat Creek Bridge

- 678.43 | Walton Bridge

- 680.17 | Richardson Bridge






- 691.05 | Mapleton Bridge

- 694.78 | Swisshome Bridge

Components being repaired or replaced as part of this scope of work include floor beams, stringers, stiffeners, plates and other miscellaneous steel as directed by the Railroad and their Engineer that may become pertinent to completing the scope.

Maintaining the safety of railway operations and all works that may or may not be explicitly stated here or in other Specifications that are associated and required to perform the work is part of this work.

1.1 APPLICABLE SPECIFICATIONS

The Specifications that are applicable to the Work on this Project are the:

- Current Edition American Railway Engineering and Maintenance-of-Way Association (AREMA) Manual for Railway Engineering (MRE)

- 2018 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions, except for the following Sections (and their subsections), which are hereby deleted and do not apply to the Work on this Project:

o Section 00130 - Award and Execution of Contract o Section 00140 - Scope of Work o Section 00150 - Control of Work o Section 00170 - Legal Relations and Responsibilities o Section 00180 - Prosecution and Progress o Section 00190 - Measurement of Pay Quantities o Section 00195 - Payment o Section 00196 - Payment for Extra Work o Section 00197 - Payment for Force Account Work o Section 00199 - Disagreements, Protests, and Claims

- These Specifications (Section 09999 Construction And Railroad Coordination

Specifications), Section 00120 - Bidding Requirements and Procedures As to the remaining Sections of any of the Specifications, unless specifically included in a Change Order, the “Measurement” and “Payment” subsections shall not apply. In the event of a conflict between AREMA Manual for Railway Engineering (Current Edition) and the 2018 edition of the Oregon Standard Specifications for Construction, the AREMA Manual for Railway Engineering (Current Edition) shall govern.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

A. AMERICAN RAILWAY ENGINEERING AND MAINTENANCE-OF-WAY ASSOCIATION (AREMA)

1. AREMA MRE (Current Edition) Manual for Railway Engineering

B. AMERICAN SOCIETY FOR NONDESTRUCTIVE TESTING (ASNT)

1. ANSI/ASNT CP-189 (2011) ASNT Standard for Qualification and Certification of Nondestructive Testing Personnel (ANSI/ASNT CP-105-2006)

C. AMERICAN WELDING SOCIETY (AWS)

1. AWS D1.1/D1.1M (2015; Errata 2015) Structural Welding Code - Steel

D. AMERICAN WOOD PROTECTION ASSOCIATION (AWPA)

1. AWPA M2 (2015) Standard for Inspection of Treated Wood Products

2. AWPA M6 (2013) Brands Used on Preservative Treated Materials

3. AWPA P22 (2014) Standard for Ammoniacal Copper Zinc Arsenate (ACZA) Solution

E. ASTM INTERNATIONAL (ASTM)

1. ASTM C117 (2013) Standard Test Method for Materials Finer than 75-um (No. 200) Sieve in Mineral Aggregates by Washing

2. ASTM C127 (2015) Standard Test Method for Density, Relative Density (Specific Gravity), and Absorption of Coarse Aggregate

3. ASTM C131/C131M (2014) Standard Test Method for Resistance to Degradation of Small- Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

4. ASTM C136/C136M (2014) Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates

5. ASTM C142/C142M (2010) Standard Test Method for Clay Lumps and Friable Particles in Aggregates

6. ASTM C535 (2012) Standard Test Method for Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

7. ASTM C88 (2013) Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate

8. ASTM D3740 (2012a) Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction

9. ASTM D4791 (2010) Flat Particles, Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate

10. ASTM E11 (2016) Standard Specification for Woven Wire Test Sieve Cloth and Test Sieves

F. OREGON DEPARTMENT OF TRANSPORTATION (ODOT)

1. ODOT (2018) Oregon Standard Specifications for Construction

1.3 GENERAL INFORMATION

A. The general conditions listed in the current Oregon International Port of Coos Bay standard project contract shall govern the work performed under this Contract.

B. All work shall be in accordance with the drawings and these specifications.

C. All work shall be in accordance with the current AREMA MRE and the 2018 Oregon Standard Specifications for Construction.

D. All work, where AREMA does not provide guidance, shall be in accordance with the 2018 Oregon Department of Transportation Standard Specifications for Construction.

E. Questions concerning this specification should be addressed to the Railroad Project Manager at the following address:

Rick Adamek

Railroad Project Manager 125 West Central Avenue, Suite 300

Coos Bay, OR 97420 Phone: 541-267-7678

Email: [email protected]

F. The Oregon International Port of Coos Bay owns Coos Bay Rail Line (CBRL) and either may hereinafter be referred to as the ‘Company’ or ‘Railroad’.

G. ‘Engineer’ shall mean the engineering officer of the Company having jurisdiction over the work being done or his authorized representative.

H. ‘Project Manager’ shall mean the Railroad Project Manager or designee appointed by the company.

I. ‘Occupy the track’ shall mean occupying any space above the top of the rail within a horizontal distance of 10 feet on either side of the track centerline.

J. The bidder may hereinafter be referred to as the ‘Contractor’.

K. The Railroad’s pertinent record drawings, provided to the Contractor, are for reference purposes only. As the information shown on these drawings may not accurately reflect all of the existing conditions, the Contractor shall verify all dimensions and measurements that will affect their work. Field dimensions shall be shown on the shop drawings.

1.4 RAILROAD COORDINATION AND FLAG PROTECTION

A. The Contractor shall notify the Railway of the proposed start of work with at least seven (7) days of advance notice. This notice shall be made to the Railroad’s General Manager, hereinafter referred to as the Railroad General Manager, at the following address:

Rich Lopez

Railroad General Manager 125 West Central Avenue, Suite 300

Coos Bay, OR 97420 (541) 808-5198

Email: [email protected]

B. When the Contractor desires to occupy any space above the top of rail within a horizontal distance of 10 feet on either side of the track centerline, the contractor must obtain permission from the Railroad General Manager with at least 24 hours of advance notice. Flag protection service, when required in the judgment of the Railroad General Manager, will be furnished at the Railroad’s sole cost and expense. Advanced notice does not guarantee the requested time period by contractor to occupy the track will be granted.

C. The Contractor shall require their employees and agents to comply with any and all instructions and warnings issued by the Company’s Flagman, Railroad Project Manager, Railroad General Manager or other Representative.

D. The Contractor shall indemnify and save harmless the Railway from and against any and all liability for personal injury, death and property damage occurring directly or indirectly from the Contractor’s failure to comply with said coordination requirements.

1.5 WORK SCHEDULE AND PROJECT COMPLETION

A. It is intended that the construction of the entire project will proceed in a continuous and expeditious manner from the beginning to completion.

B. In general, the Contractor’s work shifts, and workdays shall be as arranged by the Railroad General Manager. The actual start of certain work activities may vary daily depending on Railroad operations.

C. The Contractor shall be prepared to work around the train schedule. This may mean working a non-standard work week and/or longer hours. The current train schedule is listed below and is subject to change.

- Steel Bridges Repair Contract | There are two train crossings per window that run from 1800hrs to 0600hrs Sunday evening through Friday morning. There are currently 5 trains, for a total of 10 crossings, per week.

Prior to Contractor furnishing a schedule (30 days before works begins), Contractor is required to confirm the train schedule and incorporate the current train schedule into the

proposed schedule of work.

Promptly after execution of the Contract, the Contractor shall submit to the Project Manager an updated project schedule showing the general procedures by which the Contractor proposes to perform the work, including calendar dates for the expected beginning and completion of the various work items.

D. The Contractor shall furnish sufficient work forces, construction plant, and equipment to ensure the execution of the work in accordance with the approved schedule. If, in the opinion of the Railroad Project Manager, the Contractor’s progress falls behind the schedule the contractor shall take such steps as may be necessary to improve their progress, and the Railroad Project Manager may require the contractor to increase their forces, the number of work shifts and/or workdays, and/or the equipment available.

E. The Contractor may encounter various obstructions and hindrances in carrying out his work, such as inclement weather, temporary flooding of the worksite or more frequent train movements than anticipated. There will be no extra compensation to the Contractor for encountering such obstructions and hindrances; rather, the costs thereof are to be included in the prices named in the Contract.

F. Along with the Bid, all bidders are to submit a Construction Schedule showing the various Work tasks will begin and be completed to be submitted as part of the Bid Documents.

1.6 METHOD OF EXECUTING WORK

A. Before beginning work, the Contractor shall submit, in detail, for the information and comment of the Railroad Project Manager and the Railroad General Manager, his proposed schedule of field operations and the equipment he intends to employ. The proposed schedule shall be submitted, in writing, or on a bar chart drawing, giving expected dates of beginning and completing each element of the work, or distinctive portions as may be necessary to adequately portray the work in detail. The method of procedure shall be that best adapted to the safe, efficient, and expeditious execution of the work. Such information and comments are required to safeguard the Company’s interest but shall in nowise relieve the Contractor of his obligations or responsibility for the safe and proper conduct of the work.

B. The Contractor shall submit their proposed method of executing the work at least 30 days in advance of the date he proposes beginning work at the site.

C. The Schedule shall show all applicable major Work items, submittals, critical path items, demolition activities, erection activities, and unit process start up activities. The Schedule shall be reviewed by the Railroad Project Manager and the Railroad General Manager, and upon their request, shall be modified by the Contractor to achieve the desired completion date. The Contractor shall keep the Schedule current and shall submit an updated Schedule to the Engineer on a monthly basis as part of every payment request.

D. In Conjunction with this submittal, a pre-construction conference, consisting of the Contractor, Railroad Project Manager (or his authorized representative) and the Engineer, will be held at each of the three bridge locations at least one week before starting the work. The Contractor will arrange this meeting.

1.7 MAINTENANCE OF HIGHWAY TRAFFIC CROSSINGS

A. Refer to the 2018 Oregon Standard Specifications for Construction Section 00220 – Accommodations for Public Traffic.

B. Contactor to notify the Port of any road closures. The vertical and horizontal clearances for a road shall be maintained.

1.8 MEASUREMENT OF QUANTITIES

A. All work completed under this Contract shall in accordance with the Contract and the 2018 edition of the Oregon Standard Specifications for Construction, including but not limited to Section 00190.

B. The Railroad Project Manager or Representative shall be the final judge as to the accuracy of quantity measurements, and the reasonableness of any approximations in lieu of accurate determinations, and his decision shall be binding upon both parties.

C. The contractor shall provide the Railroad Project Manager and/or Representative(s) access to the work area that doesn’t require the use of fall protection. If access to the work area requires the use of a boat the contractor shall provide a boat and operator.

1.9 BRIDGE WORKER SAFETY

A. The Contractor shall ensure that his entire work force, including employees, agents, and subcontractors, fully comply with all applicable safety regulations of the Federal Railroad Administration (FRA). Attention is directed to 49 CFR Part 214 Subpart B and to the requirements for fall protection, protective footwear and headgear, as well as eye and face protection.

B. Particular attention is also directed to the requirements of the Coos Bay Rail Line Roadway Worker Protection Program, hereinafter referred to as the Program, as mandated by the FRA. The Contractor shall retain a copy of the Program Manual at the worksite throughout the project.

C. It shall be the Contractor’s sole responsibility to ensure that his entire work force has been properly trained in all applicable provisions of the Program. Particular attention is directed to the provision concerning the Roadway Worker in Charge. Employees, agents,

and subcontractors who have not been properly trained in the Program may not enter the Railway’s Right-of-Way (ROW).

D. The Port will not provide a boat or water rescue service.

E. The Contractor shall maintain documentation that each of his employees, agents, and subcontractors has been properly trained in the Program and fully understands their responsibilities. This documentation must be available at all times for inspection by Railroad or FRA officer.

F. Contractors who employ Personnel who perform safety-related railroad work as defined in 49 C.F. R.

§243 for CBRL must ensure that any person they employ is trained and qualified to comply with any relevant Federal railroad safety laws, regulations, and orders, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. Part 243 contains the general minimum training and qualification requirements for each category and subcategory of safety-related railroad work. Contractors must certify their compliance with the contents of 49 C.F.R. §243, including those aspects of training that are specific to the CBRL rules and procedures.

1.10 INTERFERENCE WITH RAILWAY TRAFFIC AND FACILITIES

A. The track will remain in service throughout construction except for necessary, specific outages arranged in advance by the Contractor with the Railroad. During these outages, the Contractor shall work continuously until the track is restored to service.

B. The Contractor shall request track outages through the Project Manager or their Representative, providing at least 72 hours of advance notice. The Contractor shall submit to the Project Manager a detailed schedule of the work to be performed during the track outage, including an estimate of the number of minutes required for each work item. The Railroad may alter the requested starting times and durations of these outages to meet the needs of Railroad operations.

C. No claim by the Contractor against the Railroad will be allowed for delays caused by Railroad operations. The Contractor shall reimburse any costs incurred by the Railroad for repairing damage to track or other facilities resulting from the Contractor’s work.

1.11 USE OF RAILROAD RIGHT OF WAY (ROW) AND ADJACENT PROPERTY

A. Subject to the approval of the Railroad Project Manager, the Contractor may occupy any unused portion of the Railroad’s ROW for storage of materials and equipment. If the

Contractor desires to use adjacent property, he shall make all necessary arrangements for its use with the property owner.

B. Upon completion of the project, all property used by the Contractor shall be left in a condition satisfactory to the Railroad Project Manager and, if applicable, the adjacent property owners. The Contractor shall provide the Railroad Project Manager with a written release statement from each adjacent property owner affected by the work. Final payment will not be made to the Contractor unless these release statements have been obtained.

1.12 STABILITY OF TRACK, STRUCTURES, AND EARTH CUTS

A. The Contractor shall maintain the stability of track and structures throughout construction operations, such as by installing temporary supports, shoring, bracing, or other measures as may be necessary.

B. The Contractor shall submit all plans, stamped by an Oregon Professional Engineer, for maintaining the stability of track and structures to the Railroad for the Engineer’s review. Such plans shall be submitted at least fourteen (14) days, unless directed otherwise, prior to the installation or employment of the proposed measures.

C. The Railroad’s review and acceptance of the Contractor’s measures for maintaining the stability of track and structures shall in no way relieve the Contractor of responsibility for the feasibility and safety of these measures.

1.13 THRU TRUSS AND PLATE GIRDER STRUCTURES

A. The current vertical and horizontal clearance through the structures shall be maintained and shall not be reduced without prior approval. Temporary reductions in vertical or horizontal clearance shall be shown on the staging drawings submitted to the Engineer for approval.

B. Adjustments in the Track Structure/Ties required to maintain the current/existing vertical and horizontal clearance shall be incidental to the costs for structural steel repairs.

1.14 RIVET/BOLT HOLES

A. The current rivet/bolt holes when exposed may be damaged preventing use of a 7/8-inch bolt. The Contractor shall notify the Engineer where damage prevents the use of a 7/8-inch bolts. The Contractor is permitted to ream the hole to the next larger size of high strength bolt and use a 1-inch HS bolt. Note final bolting shall utilize A325 galvanized bolts.

PART 2 PRODUCTS

2.0 GENERAL

A. Prior to the start of the work, the Contractor shall submit to the Engineer for approval, a complete schedule of the materials proposed for installation within 60 days of receipt of notice to proceed, and before installation of the materials. The schedule shall include a list of equipment proposed for the work and the manufacturer's certificates of conformance for materials. The Owner's Representative will notify the Contractor of the materials approved or disapproved. Disapproved materials that have already been delivered to the project site, shall be promptly segregated from the approved materials, and removed from the premises. If materials are disapproved, acceptable replacement materials shall be provided at no additional cost to the Owner. Submit performance data for components or products proposed as an equivalent to those specified. The Owner's Representative written approval is required for any such equivalent type of component or product proposed to be used. Initial approval by the Owner's Representative will not prevent the removal and replacement of materials that are materially defective or materials not meeting this specification that are discovered during construction and/or routine quality control/quality assurance operations.

B. Except as otherwise specified in this document or on the project plans, the current AREMA MRE shall apply to all work under this Section. Where the AREMA MRE does not specify, the 2018 Oregon DOT Standard Specifications for Construction will apply.

C. Welding shall comply with the requirements of AWS D1.5, Bridge Welding Code. Welders shall be qualified, as required by the AREMA. Weld material shall be 70ksi or greater.

2.1 STEEL BRIDGE REPAIRS (Multiple Pay Items)

A. Line Items 1.01 through 10.05 include the bridge repairs designated in the plans. These line items are associated with the work tasks, as designated in the Invitation to Bid (ITB), to track the costs in order to conform to the grant requirements. The cost associated with the scope of work for each line item shall include all payment in full for furnishing and placing of all materials, and for furnishing all equipment, labor and incidentals necessary to complete the Work as specified.

B. Line Item A.02 (Environmental Compliance) shall include all costs associated with preventing all material and debris from entering the water during the work process, compliance with any local, ODOT and other permitting agency requirements, and any fees associated with the disposal of the removed bridge material not retained by the Port.

C. Line Item A.03 (Salvage Material Transport and Unloading) shall include all costs associated with loading, transporting, and unloading any material from the project that the Port determines they will retain.

D. Line Items A.04 through A.05 cover the installation of Miscellaneous Steel as defined in Sections 2.3 and 2.4 below. These line items shall include the cost to furnish and place all materials, furnishing all equipment, labor and incidentals necessary to complete the work as specified.

2.2 STEEL

A. Structural Steel – Steel shall be in accordance with the project plans. All applicable technical data shall be submitted to the Engineer for review.

B. All new structural steel and existing structural steel surfaces damaged by the contractor’s operations, shall be prepared and coated with a three coat paint system in accordance with the project specifications. The primer for the steel must have the capability of penetrating and adhering to poorly prepared surfaces. All micaceous iron oxide utilized in the intermediate and top coats shall be equivalent to Wasser High Tech coating MC-MioZinc and MC-MioMastic respectively. The top coat shall be equivalent to Wasser High Tech coating Ferrox A. No measurement of quantities will be made for this work. Costs associated with painting shall be included in the appropriate bid items.

2.3 MISCELLANEOUS TRUSS STEEL REPLACEMENT

A. Structural Steel – ASTM A709 GR 36 OR GR50

B. Structural Bolts – ASTM A325 Galvanized with F436 Galvanized Washers under both the head and the nut.

C. Hourly rates for each classification of personnel that will be utilized on the project.

D. Hourly rate for all equipment that will be utilized on the project.

E. Material cost per pound for the following miscellaneous steel (beams, angles or plate) to be installed as directed by the Engineer:

1. 10,000 pounds of steel plate/angle; and,

2. 1,000 ASTM A325 Bolts

2.4 MISCELLANEOUS LATERAL REPLACEMENT

A. Structural Steel – ASTM A709 GR 36 OR GR50

B. Structural Bolts – ASTM A325 Galvanized with F436 Galvanized Washers under both the head and the nut.

C. Furnish and Install 10,000 pounds of lateral bracing and the associated ASTM A325 Galvanized Bolts to be distributed as directed by the Engineer.

2.5 SALVAGED MATERIALS

A. The Port desires to salvage any material they deem worth saving. The contractor shall coordinate to have a Port representative review all material before it is removed from service beyond what is already called out in the plans to determine if there is any material the Port wants to retain.

B. The contractor shall inventory and provide a list of all material that has been salvaged to the Port at the close out of the project.

C. All salvaged material is to be delivered and neatly offloaded to a Port owned and designated location in the greater Coos Bay area.

2.6 SILICONE – 50 YEAR

A. Silicone – For use in sealing ASTM A709 GR 36 OR GR50. Contractor to match proposed paint system with the silicone provided to avoid compatibility issues.

2.7 JOINT BARS

Joint bars shall be new and of the size, shape, and punching pattern to fit the rail being joined.

A. Joint Bars

1. Joint bars shall be new and incorporated with new rail and shall be of the "toeless" and "head free design" to match rail section. Joint bars shall conform to the requirements of "Specifications For High-Carbon Steel Joint Bars" or "Specifications For Quenched Carbon-Steel Joint Bars and Forged Compromise Joint Bars" found in Chapter 4, Part 3 of AREMA MRE for the joint bar and assemblies.

B. Compromise Joint Bars

1. Compromise joint bars shall be of the size, shape, and punching pattern to fit the rail sizes and sections being joined. Only factory designed and constructed (forged or cast) compromise joint bars shall be used to join rails of different sizes.

2. Compromise joint bars shall conform to the requirements of "Specifications for Quenched Carbon- Steel Joint Bars and Forged Compromise Joint Bars" found in Chapter 4, Part 3 of AREMA MRE.

2.8 RAIL

Submit manufacturer's data on new rail including rail weight, rail section, drilling, rail length, date rolled, and the name of the mill where the rail was rolled. The design of the joint bars and compromise joint bars proposed to be furnished with each rail section shall also be provided.

A. Welded Rail

1. New rail shall be, 136 lbs, RE section and shall conform to Chapter 4, Part 1 “Design of Rail”, Part 2 “Manufacture of Rail” and Part 3 “Joining of Rail” of AREMA MRE.

2.9 TIE PLATES

A. Track Shift or Repair

1. Tie plates required in track shift/repair areas shall be new conforming to Chapter 5, Part 1 of AREMA MRE (Figure 5-1-8 for a 14” tie plate using punching pattern A). Both flat and canted plates will be required to match the existing tie plates that are in track.

B. New Track or Rail Replacement

1. Tie plates in areas of new CWR track construction or areas where rail is replaced with new CWR shall be Pandrol SRS System or approved equal.

2.10 WOOD TIES

A. The terms “tie” and “timber” are used interchangeably.

B. Contractor shall submit name of the crosstie and bridge tie manufacturer(s), copy of Rail Tie Association membership, and product data for the ties to be furnished, including Ammoniacal Copper Zinc Arsenate (ACZA) Solution preservative, prior to ordering the ties. All ties shall be new. Species shall be Grade 1 Douglas Fir for all non-bridge ties.

C. Contractor shall submit a Bridge Tie Framing Plan for review before ordering new ties to be used on open deck bridges. The Bridge Tie Framing Plan shall include all dimensions necessary, including quantity of each unique sized bridge tie needed, dap size and length, tie taper (if required) and the tie species, for the tie plant to manufacture the bridge ties.

D. Wood ties shall conform to Chapter 30, Part 3 of AREMA MRE.

E. Ties which are to be dried by artificial means shall be conditioned and treated as soon as possible after sawing, but no more than 30 days later. The temperature used for boultonizing shall be as high as possible but in no case less than 200 degrees F. Vapor

dried ties shall be transferred from drying cylinders to treatment cylinders as quickly as possible to avoid loss of heat from the seasoned ties. Ties shall be pressure treated in accordance with Chapter 30, Part 3 of AREMA MRE by the empty cell process with a ACZA 0.4 pcf retention rate in accordance with AWPA P22 standard.

F. Splits shall not be no more than ¼ inch wide and/or longer than 4 inches. Splits longer than 4 inches but not longer than the width of the face in which the split appears, will be acceptable if specified anti-splitting devices are installed with the splits compressed. Any required adzing and drilling for spikes shall be performed prior to treatment.

G. Notify the Owner's Representative at least 15 days prior to the shipment of any treated ties or timbers from the manufacturer's plant, to provide the Owner the opportunity to inspect the materials before shipment. When inspections of onsite materials result in product rejection, promptly segregate and remove rejected material from the premises. The Owner may also charge the Contractor any additional cost of inspection or test when prior rejection makes reinspection or retesting necessary.

H. Submit certified test and inspection reports for crossties subsequent to treatment, a minimum of seven calendar days prior to any ties being installed in track. Test and inspection reports shall contain the information required by Part 7 of AWPA M2. Submit certificates of compliance prior to any ties being installed in track.

I. Tie Plugs

1. Tie plugs shall fit holes from which spikes are drawn. The plugs shall comply and be treated in accordance with Chapter 30, Part 3 Section 3.1.5 of AREMA MRE.

J. Anti-Splitting Devices

1. Crossties and switch ties shall be equipped on each end with a gang nail end plate anti-splitting device of the type specified, regardless of whether or not the wood has shown any tendency to split. Products used shall conform to Chapter 30, Part 3 Sections 3.1.6 and 3.1.7 of AREMA MRE.

2.11 MISCELLANEOUS OTHER TRACK MATERIALS (OTM)

Submit manufacturer's data for all other track materials (OTM) to be furnished. Miscellaneous track materials shall be as follows:

A. Spikes

1. Track Spikes: Track cut spikes shall be new and shall conform to Chapter 5, Part 2 of AREMA MRE. Track spikes size 6 by 5/8 inch shall be used with 100 lbs or heavier rail. Track cut spikes shall be used in any track repairs (i.e., track shift area) and for fastening inner guard rails.

2. Steel Screw Spikes: Steel screw spikes shall be new and shall conform to Chapter 5, Part 10 of AREMA MRE. Steel screw spikes shall be used with elastic fasteners in any new CWR track and rail replacement areas.

B. Bolts, Nuts, and Spring Washers

1. New track bolts, nuts, and spring washers shall be used throughout the project.

a. Bolts and Nuts: The various rail, joint bars, and rail drillings require various lengths and diameters of bolt assemblies. Determine the number of bolt assemblies of each size required. All bolt diameters shall be the largest possible for a given rail drilling and joint bar punching. Track bolts and nuts shall conform to Chapter 4, Part 3 of the AREMA MRE. Track bolts shall be long enough to leave at least two threads exposed after the nut is tightened.

b. Spring Washers: Spring washers and nuts shall be sized to ensure that the spring washer develops its full reactive force and does not jam into the joint bar hole. Spring washers shall be of the size to fit the bolt and nut used and shall conform to Chapter 4, Part 3 of AREMA MRE.

C. Elastic Fasteners

1. Elastic fasteners in areas of new CWR track construction or areas where rail is replaced with new CWR shall be Pandrol “e” clips compatible with the SRS System (or approved equal) and shall conform to the AREMA MRE Chapter 30, Appendix A-30-A-2, “Design Qualification Specifications for Elastic Fasteners on Timber Cross Ties.

D. Rail Anchors

1. Replacement rail anchors required in track shift/repair areas shall be new. Sizes shall conform to the various sizes of rail on the project and conform to "Specifications for Rail Anchors" in Chapter 5, Part 7 of AREMA MRE.

E. Inner Guard Rail

1. Inner guard rail shall be secondhand Class IV or better used rails as indicated in Chapter 4, Part 3.12, "Inspection and Classification of Second Hand Rail for Welding", of AREMA MRE. Rail shall be 80 lbs/yd or greater. All rails used at any one inner guard rail location shall be the same weight and section. Joint bars, bolts, nuts, and spring washers shall match the rail provided and shall be in good condition.

F. Bridge Tie Bolts

1. Bridge tie bolts, to attach the bridge ties to the steel superstructure, shall be spaced at least every fourth new bridge tie. Any missing bridge tie bolts in existing bridge ties shall be replaced. Manufacture and style of bridge tie bolt to be submitted for review. Consider Quikset hook bolt.

2.12 TRACK/RAIL WELDING

A. Any track welding to be inspected by an independent third party.

B. Rail Welding Kits

1. Kits for thermite type rail welds shall be approved by the Owner's Representative before use.

PART 3 EXECUTION

3.0 MOBILIZATION AND DEMOBILIZATION

A. Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of materials, personnel, tools, and equipment to the worksite; for the establishment of temporary facilities at the worksite; and for all other work and operations which must be performed or costs which must be incurred prior to beginning work.

B. Demobilization shall consist of the removal of materials, personnel, tools, equipment, and temporary facilities from the worksite.

C. This item shall not be more than 10% of the total contract amount.

D. Payment will not be made for the temporary relocation of materials, personnel, tools, and equipment. The Contractor is cautioned to anticipate flooding or storms that may cause delay or temporary demobilization. No additional compensation will be provided for weather related delays.

E. Payment for Mobilization and Demobilization will be made at the single line unit bid price for this lump sum pay item, which shall be full compensation for furnishing all materials, personnel, tools, and equipment required to complete the project. The Contractor will receive 50 percent of this lump sum pay item with the initial progress payment and shall receive the balance with the final payment.

3.1 SITE ACCESS

A. The contractor shall perform all required modifications to the site to access the work location as well as location specific measures to maintain stability in terms of the railway structure.

B. Payment for site access shall be incidental to the Mobilization, which shall be full compensation for making the work location accessible to perform the required work for the project.

3.2 ENVIRONMENTAL COMPLIANCE INCLUDING EROSION CONTROL

A. The contractor is to develop and implement a Sediment and Erosion Control Plan, obtain required permits, satisfy permits or regulatory requirements, furnish and maintain facilities or activities as required.

B. The Contractor shall conduct his work in compliance with all federal, state, and local regulations concerning water quality and soil erosion and sedimentation control. The Contractor shall take sufficient precautions to prevent pollution of the natural environment with fuels, oils, bitumen’s, calcium chloride, or other harmful substances.

C. The scope of work is covered under the nationwide permit for maintenance. It is anticipated that the means and methods of the Contractor will also be covered under the nationwide permit.

D. The Contractor shall prevent existing bridge materials from entering the water through the development and implementation of a Work Containment Plan (WCP). The bridge may contain lead-based paints, creosote, or other environmentally sensitive material. The Contractor shall follow all Federal, State and Local laws, capture all materials removed at the site and dispose of these materials as required in the permit application.

E. Contractor will adhere to ODOT Special Provision 00290.42 Work Containment Plan. The contractor will supply a WCP 28 calendar days prior to mobilization. A copy of the WCP must remain on the project site at all times, readily available to employees and inspectors. Contractor is responsible for employee’s knowledge and execution of the WCP. Contractor must notify the Company at least 10 calendar days prior to beginning work access or containment construction activities.

F. The Contractor shall obtain any permits and licenses as may be necessary to complete the work under this Contract. The Contractor shall determine what is required of him by such permits and licenses and shall provide copies of the same to the Railway’s Engineer and Supervisor.

G. Payment for this item will be made at the single line item lump sum contract rate.

3.3 REMOVAL OF DEBRIS AND CLEANUP

A. The contractor shall provide all materials, labor, and equipment necessary to remove construction debris from the project and restore the worksite to a condition satisfactory to the Railroad Supervisor.

B. All material removed from the bridge becomes the property of the contractor unless directed otherwise by the Railroad or the project plans.

C. The contractor is responsible for containing all material and debris and preventing it from entering the water. Containment of the work area shall comply with all local and ODOT requirements. No debris or material is allowed into the water.

D. Payment for Removal of Debris and Clean Up will be incidental to Demobilization, which shall be full compensation for completing this portion of the work.

3.4 TRACK CONSTRUCTION

Track construction if required and not covered specifically herein shall be in accordance with AREMA MRE recommendations and recommended practices. There is no specific pay item for any effort required. This incidental effort shall be included in the mobilization costs.

A. Roadbed Preparation

1. Clearing and grubbing, grading, excavation, embankment preparation, and subgrade preparation shall be performed in accordance with ODOT Section 00320. Roadbed surface, grade, and drainage shall be approved prior to any distribution of construction material. Where the subgrade or roadbed is damaged during distribution of materials, ruts and depressions shall be filled and compacted and the roadbed surface reapproved prior to track construction.

B. Ties

1. Standard center-to-center spacing of crossties shall be 19.5 inch for regular track. Bridge tie spacing will match existing when removal or shifting of ties is required. Ties shall be laid perpendicular to the center line of the track with the grain up (heartwood side down) for wood ties. The ends of ties on one side of the track shall be parallel to the rail and the center of the tie shall be on the approximate center line of the track. The ends shall be aligned on the inside of curves and shall continue on that side until reaching a curve in the opposite direction. The top surface of ties shall provide full bearing for the tie plates. Adzing of wood ties will not be permitted; replace tie if necessary.

C. Tie Plates

1. Tracks shall be fully tie-plated. Tie plates shall be free of dirt and other foreign material when installed. Tie plates shall be placed so that the rail base will have

full bearing on the plate rail seal area, and the plate will have full bearing on the tie. Tie plates shall be set at right angles to the rail with the outside shoulder against the base of the rail and centered on the tie. Canted tie plates shall be installed to cant the rail inward.

D. Rail

The base of the rail and the surface of the tie and tie plate shall be free of dirt and other foreign materials prior to laying rail.

1. Laying Rail

a. Rail shall be laid without bumping or striking, to standard gage (4 ft 8-1/2 inch between points 5/8 inch below the top of the rail) on tangents and on curves up to 12 degrees.

2. Continuous Welded Rail (CWR)

a. Contractor shall submit a CWR plan for review and approval 30 days prior to scheduled installation of CWR. The CWR plan shall be a comprehensive document including measures intended to be employed for shipping, handling, storing, installing, welding, destressing, and documenting the installation of CWR. Contractor shall not begin installation of CWR until the plan has been approved by the Owners Representative.

E. Spiking

1. New Track or Rail Replacement

a. In areas of new CWR track construction or areas where rail is replaced with new CWR install 8 steel screw spikes per rail as per the manufacturers recommendations and the Pandrol SRS System (or approved equal) requirements.

2. Track Shift or Repair

a. In areas of track shift/repair install cut spikes as per the AREMA MRE Figure 3.2.5.2 – 1 below.

b. Rail shall be spiked promptly after being laid. Spikes shall be started and driven vertically and square with the rail. Spikes shall be driven to allow approximately 1/8 to 3/16-inch space between the underside of the spike and the top of the rail base. Spikes shall not be overdriven or straightened while being driven. Spikes shall not be driven against the ends of joint bars.

Figure 3.2.5.2 -1

F. Tie Plugs

1. If spikes are withdrawn from wood ties, the holes shall be filled with a fill material approved by the Owner’s representative to fit the hole prior to redriving the spike. Tie plugs shall not be installed in prebored holes unless spikes have been driven and withdrawn.

G. Rail Anchor Placement

1. New Track or Rail Replacement

a. In areas of new CWR track construction or areas where rail is replaced with new CWR elastic fasteners will provide rail anchoring.

2. Track Shift or Repair

a. In areas of track shift/repair apply a minimum of 48 anchors per 39 ft. of rail to provide box anchoring of every other tie. The rail anchors shall be spaced approximately uniformly along the rail length. Rail anchors shall be installed to the gage side of the rail against the same tie face on opposite rails. Rail anchors shall grip the base of the rail firmly and shall have full bearing against the face of the tie. Rail anchors shall not be moved by driving them along the rail. Rail shall be anchored immediately after spiking and before rail has experienced a large temperature change.

H. Inner Guard Rails

1. Guard rails shall be installed on bridges and trestles as indicated. Guard rails shall be approximately 18 inches from the gage side of track rails and shall extend a minimum of 4 ties beyond the structure. The ends shall be curved inward and beveled. Guard rails shall be fully bolted. Guard rails shall not be higher than the running rail and shall not be more than 1 inch lower than the running rail. Each guard rail shall be spiked with two spikes to each tie but shall not be tie-plated.

I. Superelevation

1. Curves shall be superelevated as shown on the drawings unless otherwise directed by the Owner's Representative. Superelevation shall be obtained by raising the outside rail of the curve. The inside rail shall be maintained at grade. Full superelevation shall be carried throughout each curve, unless otherwise directed or shown on the drawings. Superelevation runoff shall be at a uniform rate and shall extend at least the full length of the spirals. The normal rate of superelevation runoff will be 1/2 inch per 31 ft; however, this may be increased to 1 inch in 31 ft with the prior approval of the Owner's Representative.

J. Cleanup

Upon completion of the work, remove all rubbish, waste, and discarded materials generated by the work from the project area. Areas where the Contractor has worked, including but not limited to, project areas, material storage sites, and borrow or disposal areas shall be left in a clean, well- graded, and well-drained condition.

1. Shoulder Removal and Reconstruction

a. Where track construction or rehabilitation operations result in deposition of materials along the track shoulders that would impede the free drainage, remove the material.

2. Spoil Materials

a. Spoil materials removed from the track shall be disposed of off-site at the Contractor's expense. Spoil materials shall not be placed on the

shoulders, in ditches, in drains, or in other areas where they would impede the flow of water away from the track.

K. Final Adjustments

1. Sixty calendar days after the track has been accepted and put into operation, perform, at no cost to the Owner, necessary resurfacing adjustments to leave the track in alignment and on grade.

L. Tolerances for Finished Track

Completed track shall meet the following tolerances. Track not meeting the tolerances specified below shall be repaired to meet these requirements, at no additional cost to the Owner.

1. Gage

a. Track gage shall be within plus or minus 1/8 inch of standard gage.

2. Alignment

a. Alignment shall be measured as the deviation of the mid-offset of a 62 ft line, with the ends of the line at points on the gage side of the line rail, 5/8 inch below the top of the railhead. Either rail may be used as the line rail on tangent track; however, the same rail shall be used for the entire length of the tangent. The outside rail in a curve is always the line rail. Alignment on tangents shall not deviate from uniformity more than 1/2 inch. Alignment on curves shall not deviate from uniformity more than 3/8 inch.

3. Track Surface

a. Track surface shall meet the following requirements:

1) The runoff at the end of a raise shall not exceed 1/2 inch in any 31 ft of rail.

2) The deviation from design profile on either rail at the mid-ordinate of a 62 ft chord shall not exceed 1/2 in.

3) Deviation from design elevations on spirals shall not exceed 1/2 inch.

4) Deviation from zero cross level at any point on tangent or from designated superelevation on curves or spirals shall not exceed 1/2 in.

5) The difference in cross level between any two points less than 62 ft apart on tangents, and on curves between spirals shall not exceed 1/2 in.

3.5 INSTALLATION OF MISCELLANEOUS OTHER TRACK MATERIALS – INCIDENTAL TO THE BRIDGE WORK

A. Tie Plates

1. Tie plates shall be furnished to the work sites as required. Excess tie plates, remaining at the conclusion of the contract, shall be removed from the project area as directed by the Owner's Representative.

B. Inner Guard Rails

1. Inner guard rails currently installed on the bridges shall be retained. Should the guard rail be removed, it shall be reinstalled as soon as practical on the bridge. Each rail shall be spiked to alternate crossties throughout the full length using two spikes per rail per tie; tie plates are not allowed. Guard rails shall be installed using acceptable joint bars of the proper size to fit the rails being joined. Each joint shall be bolted with at least two bolts and one fully tightened bolt per rail.

C. Installation of Joint Bars

1. Joint bars shall be installed with their full number of bolt assemblies unless otherwise noted. Bars shall be properly seated on the rail and the bolts tightened beginning at the center of the joint and working toward the ends of the bars, alternating between rails. Bolts used shall be of the proper diameter and length for the rail and joint bars at the joint. The use of extra washers to shim out track bolt nuts is prohibited. Bolts with nuts shall be placed alternately on inside and outside of rail.

END OF SECTION

EXHIBIT B Page 1 of 1

110839006.1 0068323-00003

EXHIBIT B

LIST OF DRAWINGS

INDEX OF SHEETS Sheet No. Description Date Revision - Date

W1 Title Sheet & Index of Sheets May 2021 W3 General Notes May 2021 W5 Wingwall Extension Details 11/11/2021 W6 677.80 Wildcat Creek Bridge General Plan and

Elevation 11/12/2021

W7 688.80 Wildcat Creek Bridge Girder Strengthening

11/11/2021

W8 678.43 Walton Bridge General Plan and Elevation

11/12/2021

W9 678.43 Walton Bridge Girder Strengthening 11/12/2021 W10 680.17 Richardson Bridge General Plan and


W11 680.46 Wildcat Creek Bridge General Plan and Elevation

11/12/2021

W12 680.77 Wildcat Bridge General Plan and Elevation

11/08/2021

W13 680.77 Wildcat Creek Bridge Girder Strengthening

11/12/2021

W14 681.05 Wildcat Creek Bridge General Plan and Elevation

11/12/2021

W15 681.05 Wildcat Creek Bridge Girder and Strengthening

11/12/2021

W20 681.45 Walton Bridge General Plan and Elevation

11/12/2021

W21 Intentionally Left Blank 11/12/2021 W22 681.45 Walton Bridge Girder Strengthening 11/12/2021 W23 682.18 Walton Bridge General Plan and


W24 682.18 Walton Bridge Repair Tables 11/12/2021 W25 682.18 Walton Bridge Stringer Repl/FB Rivet

Repl 11/12/2021

W26 691.05 Mapleton Bridge General Plan and Elevation

11/12/2021

W27 691.05 Mapleton Bridge Girder Strengthening 11/12/2021 W28 694.78 Swisshome Bridge General Plan and


W29 694.78 Swisshome Bridge Girder Strengthening 11/12/2021

LAYOUT MAP

BRIDGE (SPANS 1, 2 & 3)

682.18 - RICHARDSON


691.05 - RICHARDSON


694.78 - SWISSHOME


681.45 - WALTON

BRIDGE (SPANS 1 & 2)

681.05 - RICHARDSON

BRIDGE (SPAN 1)

680.17 - RICHARDSON

BRIDGE (SPAN 1)

680.46 & 680.77 - RICHARDSON

BRIDGE (SPAN 1)

677.80 - WALTON


678.43 - WALTON

PORT OF COOS BAY$$$$

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North Bend

Coquille

Danebo

Florence

Gardiner

Cordes

Coos Bay

Port of

Gardiner Jct.

Reedsport

PN

WR

UP

Springfield Jct.

EUGENE

Rail Link

Coos Bay

Noti

Mapleton

101

5

Rail Link

Coos Bay

126

38

42

COOS BAY

COUNTY

LANE

COUNTY

COOS

COUNTY

DOUGLAS

Sheet No. DescriptionSheet No. Description

W1

INDEX OF SHEETS

GENERAL PLAN AND ELEVATION



W7

W9

W5

W6

W8

GIRDER STRENGTHENING


STEEL BRIDGE REPAIRS

COOS BAY RAIL LINE

W10

W11

W12

W13

W14

W15

W20

W21

W22

W23

W24

W25

W26

W29

W27

W28

677.80 - WILDCAT CREEK BRIDGE



678.43 - WALTON BRIDGE




680.17 - RICHARDSON BRIDGE



680.77 WILDCAT CREEK BRIDGE









682.18 - WALTON BRIDGE REPAIR TABLES

STRINGER REPL/FB RIVET REPL


694.78 - SWISSHOME BRIDGE



694.78 - SWISSHOME BRIDGE


Scale

Revision

Title

Project No.

Sheet

ofW1

Copyright Reserved

forbidden.

Reproduction or use for any purpose other than that authorized by Stantec is

The Copyrights to all designs and drawings are the property of Stantec.

the drawing - any errors or omissions shall be reported to Stantec without delay.

The Contractor shall verify and be responsible for all dimensions. DO NOT scale

ByRevision Appd.

Consultant

Coos Bay, Oregon 97420

115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

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12/3/2021

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INDEX OF SHEETS

TITLE SHEET &

W29

TITLE SHEET & INDEX OF SHEETS

GENERAL NOTES

WINGWALL EXTENSION DETAILS




691.05 MAPLETON BRIDGE

691.05 MAPLETON BRIDGEW3

W2 AERIAL LOCATION MAPS

W16-W19 SHEET OMITTED

SHEET OMITTED

SWF MCH MCH 12/21

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

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______

______

$D

AT

E$

$U

SE

R$

$FIL

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$TI

ME$

SWF MCH MCH 12/21


694.78 - SWISSHOME


691.05 - RICHARDSON


682.18 - RICHARDSON

BRIDGE (SPAN 1)

677.80 - WALTON


678.43 - WALTON


681.45 - WALTON


681.05 - RICHARDSON

BRIDGE (SPAN 1)

680.17 - RICHARDSON

BRIDGE (SPAN 1)

680.46 - RICHARDSON

BRIDGE (SPAN 1)

680.77 - RICHARDSON


691.05 - RICHARDSON

BRIDGE (SPAN 1)

677.80 - WALTON


678.43 - WALTON

BRIDGE (SPAN 1)

680.17 - RICHARDSON

BRIDGE (SPAN 1)

680.46 - RICHARDSON


681.45 - WALTON


681.05 - RICHARDSON

BRIDGE (SPAN 1)

680.77 - RICHARDSON


682.18 - RICHARDSON


694.78 - SWISSHOME

ofW2-


AERIAL LOCATION MAPS

W29

GENERAL NOTES

SPECIFICATIONS.

THAT ALL MATERIALS USED FOR THESE REPAIRS CONFORM TO THE REQUIREMENTS OF THE

NOTARIZED TEST REPORTS SHALL BE FURNISHED IN TRIPLICATE TO THE ENGINEER SHOWING

MILL TEST REPORTS BRIDGE TIE REMOVAL AND REPLACEMENT:

DESIRED BY THE CONTRACTOR FOLLOWING ALL AREMA REQUIREMENTS.

OF THE NUT" METHOD. TEMPORARY BOLTS MAY BE REUSED IN A TEMPORARY LOCATION AS

TEMPORARY BOLTS SHALL BE ASTM A-325 GRADE 1 AND SHALL BE TIGHTENED USING "TURN

GALVANIZED ASTM F436 HIGH STRENGTH WASHER UNDER THE HEAD AND THE NUT.

BY THE ENGINEER. BOLTS CONNECTING EXISTING STEEL TO NEW STEEL SHALL HAVE A

ALL FINAL INSTALLED BOLTS SHALL BE ASTM A-325 GALVANIZED BOLTS OR AS APPROVED

METHOD

ALL BOLTS SHALL BE INSTALLED PER AREMA REQUIREMENTS USING "TURN OF THE NUT"

NOMINAL DIAMETER OF NEW BOLTS SHALL BE 7/8" IN DIAMETER UNLESS OTHERWISE NOTED.

BOLTS.

BOLTED CONNECTION OPEN HOLES SHALL BE 1/16" LARGER THAN THE NOMINAL DIAMETER OF

HOLE AND TIGHTENING THE HIGH STRENGTH BOLT.

RIVETS MAY BE REMOVED PRIOR TO PLACING A HIGH STRENGTH BOLT IN AN EXISTING RIVET

THE USE OF THE NEXT LARGER DIAMETER HIGH STRENGTH BOLT. NO MORE THAN THREE

SAME NOMINAL DIAMETER. EXISTING RIVET HOLES THAT REQUIRE REAMING MAY REQUIRE

EXISTING RIVETS REMOVED SHALL BE REPLACED WITH A NEW HIGH STRENGTH BOLT OF THE

FIELD BOLTING

THEN ONLY IN THE MANNER AND AT THE LOCATIONS DESIGNATED IN THE AUTHORIZATION.

ANY OF THE BRIDGES WITHOUT THE WRITTEN CONSENT OF THE ENGINEER CONSULTANT, AND

EXCEPT AS SHOWN ON THE PLANS, NO WELDING OF ANY NATURE SHALL BE PERFORMED ON

PROHIBITED FIELD WELDING

NO RESPONSIBILITY IS ASSUMED BY THE PORT OF COOS BAY FOR THEIR ACCURACY.

OF THE BID DOCUMENTS. THE COMPLETENESS OF THESE DRAWINGS IS NOT GUARANTEED AND

AS AN AID TO THE CONTRACTOR, PLANS OF THE EXISTING BRIDGES ARE INCLUDED AS PART

PLANS OF EXISTING STRUCTURE

ELSE REQUIRED TO COMPLETE THE WORK.

EXISTING STRUCTURES, PHASE CONSTRUCTION, INCIDENTAL MATERIALS, LABOR, OR ANYTHING

INCLUDE COFFERDAMS, SHORING, EXCAVATIONS, BACKFILLING, REMOVAL OF ALL OR PARTS OF

ARE TO BE INCLUDED IN THE BID ITEM MOST APPROPRIATE TO THE WORK INVOLVED. THIS MAY

SPECIFICATIONS. MATERIAL, LABOR, OR CONSTRUCTION OPERATIONS NOT OTHERWISE SPECIFIED,

THE CONTRACTOR IS REQUIRED TO COMPLETE THE WORK IN ACCORDANCE WITH THE PLANS AND

COMPLETION OF THE WORK

ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

CONTRACTOR AND SHALL BE REMOVED FROM THE SITE AND DISPOSED OF PROPERLY IN

CONSTRUCTION DEBRIS SUCH AS RUST AND PAINT CHIPS SHALL BECOME THE PROPERTY OF THE

PLANS INCLUDING PLATES, ANGLES, RIVETS, BOLTS, EXISTING WOOD DEBRIS AND ANY

ALL EXISTING MATERIAL WHICH IS REMOVED TO FACILITATE THE REPAIRS INDICATED ON THE

DISPOSAL OF CONSTRUCTION MATERIALS AND EXISTING DEBRIS

STEEL. THE OWNER WILL NOT CONSIDER ANY CLAIMS BASED ON LEAD PAINT.

REGULATIONS, WHEN REMOVING, CUTTING OR PERFORMING ANY OTHER ACTION ON THE EXISTING

ALL NECESSARY PROTECTIVE MEASURES, INCLUDING WORKER SAFETY AND ENVIRONMENTAL

RESIDUAL LEAD PAINT MAY STILL BE ON THE BRIDGE. THE CONTRACTOR IS ADVISED TO TAKE

LEAD PAINT

FALLEN SPAN, SHOULD THE DAMAGE RESULT FROM THE CONTRACTOR'S ACTIONS.

TO THE STRUCTURE DURING THE REPAIR WORK, EVEN TO THE REMOVAL AND REPLACEMENT OF A

THE CONTRACTOR SHALL BEAR ALL RESPONSIBILITY AND EXPENSE FOR ANY AND ALL DAMAGE

DAMAGE TO THE STRUCTURE

SHALL BE EQUIVALENT TO WASSER HIGH TECH COATING FERROX A.

WASSER HIGH TECH COATING MC-MIOZINC AND MC-MIOMASTIC RESPECTIVELY. THE TOP COAT

5532-94 STANDARD TYPE 1. THE PRIME AND INTERMEDIATE COATS SHALL BE EQUIVALENT TO

IRON OXIDE UTILIZED IN THE INTERMEDIATE AND TOP COATS SHALL CONFORM TO ASTM D

CAPABILITY OF PENETRATING AND ADHERING TO POORLY PREPARED SURFACES. ALL MICACEOUS

ACCORDANCE WITH THE PROJECT SPECIFICATIONS. THE PRIMER FOR THE STEEL MUST HAVE THE

CONTRACTOR'S OPERATIONS, SHALL BE PREPARED AND COATED WITH A THREE COAT SYSTEM IN

ALL NEW STRUCTURAL STEEL AND EXISTING STRUCTURAL STEEL SURFACES DAMAGED BY THE

PAINTING

BE IN ACCORDANCE WITH SSPC.SP3. NO BLAST CLEANING WILL BE ALLOWED ON THE BRIDGES.

SCRAPING AND WIRE BRUSHING IN ACCORDANCE WITH SSPC.SP2. POWER TOOL CLEANING SHALL

INSTALLING THE NEW STEEL. HAND METHODS FOR FIELD CLEANING SHALL CONSIST OF

ALL DIRT, RUST AND FOREIGN MATTER USING HAND OR POWER CLEANING METHODS BEFORE

EXISTING AREAS OF THE BRIDGE TO BE IN CONTACT WITH NEW STEEL SHALL BE CLEANED OF

FIELD PREPARATION OF EXISTING SURFACES

WELDING SOCIETY, D 1.5S.

ALL WELDING AND WELDING MATERIALS SHALL CONFORM TO BRIDGE WELDING CODE, AMERICAN

WELDING SPECIFICATIONS

WORK BEGINS.

ENGINEER AND THE RIVET REMOVAL METHOD SHALL BE APPROVED BY THE ENGINEER BEFORE

NOT BE PERMITTED. THE CONTRACTOR SHALL SUBMIT HIS METHOD TO REMOVE RIVETS TO THE

DAMAGE ADJACENT STRUCTURAL STEEL. USE OF CUTTING TORCHES TO REMOVE RIVETS WILL

THE CONTRACTOR WILL BE PERMITTED TO REMOVE RIVETS IN ANY MANNER WHICH DOES NOT

REMOVAL OF EXISTING RIVETS

FINAL-BOLTS, NUTS, AND WASHERS: ALL BOLTS SHALL BE ASTM A325, GALVANIZED BOLTS.

STRUCTURAL STEEL FOR PRIMARY TRUSS MEMBERS SHALL BE ASTM A709 GR50F-2

STRUCTURAL STEEL (INCLUDING ALL PLATES AND ANGLES): ASTM A709, GRADE 50

MATERIALS FURNISHED, UNLESS OTHERWISE NOTED IN THE PLANS.

ASTM SPECIFICATIONS, CURRENT EDITION, AS DESIGNATED BELOW SHALL GOVERN THE

MATERIALS

CONSTRUCTION (AISC) CERTIFIED.

INCLUDING INTERIMS. STEEL FABRICATOR(S) SHALL BE AMERICAN INSTITUTE OF STEEL

ASSOCIATION, (AREMA),MANUAL FOR RAILWAY ENGINEERINNG (MRE) CURRENT EDITION AND

ACCORDANCE WITH THE AMERICAN RAILWAY ENGINEERING AND MAINTENANCE-OF-WAY

STANDARD SPECIFICATIONS FOR CONSTRUCTION, THE SPECIAL PROVISIONS AND IN

PROVIDE ALL MATERIAL AND PERFORM ALL WORK IN ACCORDANCE WITH THE 2018 OREGON

SPECIFICATIONS

OIPCB.

STRUCTURE SHALL BE REPLACED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE

ANY MATERIAL THAT IS UNSUITABLE FOR USE BECAUSE OF VARIATIONS IN THE EXISTING

INDICATE THE DATE THAT THE MEASUREMENTS WERE RECORDED.

MATERIAL. ALL FIELD MEASUREMENTS SHALL BE SHOWN ON THE SHOP DRAWINGS AND SHALL

THE CONTRACTOR IS REQUIRED TO FIELD VERIFIY ALL DIMENSIONS PRIOR TO ORDERING ANY

FOR THEIR ACCURACY.

RESPONSIBILITY IS ASSUMED BY THE OREGON INTERNATIONAL PORT OF COOS BAY (OIPCB)

NOT GUARANTEED. THE COMPLETENESS OF THESE DRAWINGS IS NOT GUARANTEED AND NO

AN ATTACHMENT AND IS THE BEST INFORMATION THAT IS AVAILABLE. THE INFORMATION IS

THE EXISTING BRIDGE DOCUMENTATION IS INCLUDED AS PART OF THE BID DOCUMENTS AS

VERIFING FIELD CONDITIONS

SHOW ALL INSTALLED INFORMATION.

RECORD DRAWINGS ARE REQUIRED FOR ALL MATERIAL INSTALLED. FINAL DRAWINGS SHALL

SATISFACTORY COMPLETION OF THE PROJECT.

SUBMISSIONS REQUIRED. FINAL ACCEPTANCE OR APPROVAL WILL BE CONTINGENT ON THE

OWNERS REPRESENTATIVE, AND/OR, ENGINEER, ARE NOT BOUND BY ACCEPTANCE OF ANY

OF THE WORK PERFORMED AND AUTHORIZATION OF THE CONTRACTOR TO PROCEED. THE OWNER,

DOES NOT CONSTITUTE ENDORSEMENT OR APPROVAL. THE ACCEPTANCE IS ACKNOWLEDGEMENT

DISCLAIMER: ACCEPTANCE OF ANY CONTRACTOR'S SUBMISSION REQUIRED ON THIS PROJECT

THE ENGINEER CONSULTANT.

DESIGN PLANS ARE PROPOSED BY THE FABRICATOR OR SUPPLIER, SUBMIT THOSE CHANGES TO

MATCH PLAN DIMENSIONS SHALL BE NOTED IN THE SHOP DRAWINGS. IF ANY CHANGES IN THE

PROPERLY SIZED MATERIALS TO COMPLETE THE WORK. FIELD MEASUREMENTS THAT DO NOT

THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING FIELD MEASUREMENTS AND SUPPLYING THE

THE ENGINEER CONSULTANT FOR REVIEW. SHOP DRAWINGS TO BE SUBMITTED ELECTRONICALLY.

SHOP DRAWINGS ARE REQUIRED BY THE PLANS AND SPECIFICATIONS, SUBMIT DIRECTLY TO

SHOP DRAWINGS:

TRAFFIC CONTROL OR PERFORMING ANY WORK IN SPAN 1 OR OVER THE ROADWAY.

SUBMITTED TO THE ENGINEER FOR THEIR RECORDS FIVE (5) DAYS PRIOR TO THE INSTALLATION OF

TWO (2) COPIES OF THE FINAL APPROVED WORK ZONE TRAFFIC CONTROL PLAN SHALL BE

TRANSPORTATION'S REQUIREMENTS.

PROPOSED TRAFFIC CONTROL PLAN IN ACCORDANCE WITH THE OREGON DEPARTMENT OF

APPROPRIATE ODOT, AND/OR COUNTY PERSONNAL ALL COSTS AND FEES ASSOCIATED WITH THEIR

TEMPORARY TRAFFIC CONTROL PLAN (TTCP), OBTAINING APPROVAL, NOTIFICATION TO

REPAIRS TO SOME BRIDGE LOCATIONS. CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING THE

TEMPORARY LANE CLOSURE AND/OR FLAGGING OF TRAFFIC WILL BE REQUIRED WHEN PERFORMING

IN ADDITION, NOTIFY C.B.R.L. 72 HOURS PRIOR TO ALL TRAFFIC RESTRICTIONS.

SPECIFICATIONS FOR CONSTRUCTION.

IS PERMITTED SHALL BE IN ACCORDANCE WITH SECTION 00220 OF THE OREGON STANDARD

ACCOMMODATION OF PUBLIC TRAFFIC THROUGH AND WITHIN THE PROJECT WHERE PUBLIC ACCESS

ACCOMMODATIONS FOR PUBLIC TRAFFIC

BRIDGES REQUIRING NEW TIES TO BE SUBMITTED TO THE ENGINEER FOR REVIEW.

ALL TIES TO BE TREATED IN ACCORDANCE WITH THE AREMA. TIE SPECIES AND FRAMING PLAN FOR

EQUAL.

WITH SPIKEFAST ES-50 RM MANUFACTURED BY WILLAMETE VALLEY COMPANY OR AN APPROVED

APPROVED EQUAL. ANY HOLES LEFT IN THE TIES FROM HARDWARE REMOVAL SHALL BE FILLED

TIES TO THE STEEL STRINGERS OR GIRDERS SHALL EITHER BE REUSED OR REPLACED WITH AN

FEET OFF OF THE END OF THE BRIDGE. HARDWARE USED TO ATTACH THE RAILS TO THE TIES AND

BY THE ENGINEER. THE BRIDGE THE RAIL CAN BE BOLTED AT THE FIRST CONNECTION SHALL BE 19

BRIDGE AND WITHIN 19' OF THE ENDS OF THE BRIDGE SHALL BE WELDED BY A METHOD APPROVED

BEFORE WORK CAN BEGIN. BEFORE COMPLETION OF THE PROJECT, ALL RAIL JOINTS ACROSS THE

THE RAIL AND TIE REMOVAL AND REINSTALLATION PLAN MUST BE APPROVED BY THE ENGINEER

DEPENDING ON THE TIME OF YEAR, AND RAILROAD TRAFFIC DURING THE TIME OF CONSTRUCTION.

MAY BE OUT OF SERVICE IS ESTIMATED TO BE 60 HOURS. THE ESTIMATE IS SUBJECT TO CHANGE

ENGINEER A RAIL AND TIE REMOVAL AND REINSTALLATION PLAN. THE AMOUNT OF TIME A BRIDGE

FOR SPANS THAT WILL HAVE THE RAIL AND TIES REMOVED THE CONTRACTOR MUST SUBMIT TO THE

ENGINEER CONSULTANT FOR REVIEW.

TEMPORARY SUPPORT SYSTEM PLANS TO BE SUBMITTED ELECTRONICALLY DIRECTLY TO THE

LOADINGS.

ONLY THE DESIGN LOADINGS WILL BE REVIEWED FOR CONFORMITY TO CUSTOMARY DESIGN

THE DESIGN CALCULATIONS WILL NOT BE CHECKED OR REVIEWED BY THE ENGINEER CONSULTANT,

PROFESSIONAL ENGINEER LICENSED IN THE STATE OF OREGON.

THE TEMPORARY SUPPORT PLANS AND DESIGN CALCULATIONS MUST BE STAMPED BY A

VARIOUS BRIDGES AS REQUIRED PRIOR TO STARTING WORK.

SUPPORTING DESIGN CALCULATIONS TO THE ENGINEER CONSULTANT FOR APPROVAL OF THE

THE CONTRACTOR SHALL BE REQUIRED TO SUBMIT TEMPORARY SUPPORT SYSTEM PLANS AND

TEMPORARY SUPPORTS

GENERAL NOTES

178209003

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Scale

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Title

Project No.

Sheet

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Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

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$FIL

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$TI

ME$


W29SWF MCH MCH 12/21

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

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$TI

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SWF 12/21MCH MCH

GENERAL PLAN

GENERAL ELEVATION

HP 14x89

"-+3'-0"

EXISTING WINGWALL

10'-0"

HP 14x89

TIES, TYP

USED TIMBER BRIDGEHP 14x89

EXISTING GROUND

RODS AT 2' SPACING

1" ` H.S. ALL THREADED

THREADED ROD

1" ` H.S. ALL

DOUBLE HEAVY HEX NUTS

1"X6" PLATE WASHERS

H.S. ALL THREADED DETAIL

PLATE WASHERS

1‚" ` HOLE

ASTM A36 OR EQUAL

PLATE 1"x6"x6"

(SINGLE WALL SECTION SHOWN)

WHERE APPLICABLE

HILITI HVA ANCHORS

ofW5-


WINGWALL EXTENSION DETAILS

-

TY

P

2'-

0"

EXISTING WINGWALL OR ABUTMENT

ELEVATION GREATER THAN 2 FEET.

NO EQUIPMENT NOR MATERIALS SHALL BE PLACED CLOSER THAN 12 FEET TO THE CENTERLINE OF THE TRACK THAT EXTENDS ABOVE THE CURRENT TOP OF RAIL

EXISTING TRAIN WINDOWS.

CONTRACTOR SHALL FURNISH ALL NECESSARY STAGING. COORDINATE SCHEDULING WITH RAILROAD OPERATIONS FOR PLACEMENT OF THE H-PILING DURING

STAGING REQUIREMENTS:

SHALL BE 1 INCH DIAMETER, ASTM F1554 HOT DIPPED GALVANIZED OR STAINLESS STEEL.

TIMBERS BOLTED TO THE EXISTING WINGWALL SHALL BE ATTACHED USING HILTI HVA ADHESIVE ANCHORS OR APPROVED EQUAL. MINIMUM ANCHOR ROD SIZE

INTERVALS.

TIMBERS SHALL BE CUT AS REQUIRED TO FIT WITHIN THE H-PILING. TIMBERS SHALL BE STACKED AND BOLTED TO THE H-PILE AT 2 FOOT MAXIMUM

RECIEVED IS SUITABLE FOR RE-USE. IT IS ANTICIPATED THAT SOME TIMBERS WILL NOT BE USABLE AND CONTRACTOR SHALL DISPOSE OF THESE TIMBERS.

TRACK TIMBERS. SOME PERCENTAGE OF DAMAGE IS ANTICPATED. THE CONTRACTOR SHALL REVIEW THE TIMBER FURNISHED TO DETERMINE THE TIMBER

TIMBER SHALL BE FURNISHED TO THE CONTRACTOR BY THE COOS BAY RAIL LINE (CBRL). IT IS ANTICIPATED THAT THE TIMBER USED WILL BE BRIDGE OR

THE ENGINEER WITH THE CONTRACTOR IN THE FIELD. FINAL CONFIGURATION MAY VARY BASED ON LENGTHS AS APPROVED BY THE ENGINEER.

SHOW THE GENERAL LOCATION OF THE WALL AND THE NUMBER OF SECTIONS OF THE WALL FOR BIDDING PURPOSES. FINAL CONFIGURATION WILL BE DEFINED BY

ORIENTATION OF THE WINGWALL SHOWN ON THE GENERAL PLAN LOCATIONS FOR THE EFFECTED BRIDGES IS INTENDED TO BE GENERIC. THE BRIDGE PLAN VIEWS

TIMBER TO BE PLACED AND STACKED BETWEEN H-PILES TO EXTEND 2 FEET ABOVE THE PROPOSED BALLAST ELEVATION OR AS APPROVED BY THE ENGINEER.

BELOW GROUND.

(OR MORE) OF THE LENGTH IS 32 (OR LESS) OF THE LENGTH IS ABOVE THE NATURAL GROUNDLINE AT THE PILE AND 3

1HP14X89 SHALL BE PLACED SO THAT

STRUCTURE.

PLACE PILE NEAREST THE EXISTING WINGWALL SUCH AS TO CLEAR THE EXISTING STRUCTURE FOUNDATION AND TO PREVENT DAMAGE TO THE EXISTING

ALL THREAD ROD SHALL BE GALAVANIZED ASTM A-193

STEEL UNLESS OTHERWISE NOTED.

ALL PILING TO BE HP14X89 UNLESS OTHERWISE NOTED. PILING SHALL BE ASTM A-36 OR APPROVED EQUAL. MISCELLANEOUS STEEL SHALL BE ASTM A-36

WINGWALL NOTES:

TRACK TIMBER, TYP

USED BRIDGE OR

45°

45°TO APPROXIMATELY 225°

LOCATION FROM APPROXIMATELY

ANGLE MAY VARY DEPENDING ON

NOTE:

TRACK TIMBER, TYP

USED BRIDGE OR

OF TIMBER TO SIT FLUSH ON THE PILE

CONTRACTOR CUT SHALL THE FRONT CORNER

NOT TO SCALE

BRIDGE 677.80

HWY 126

WALTON

COOS BAY RAIL

WIL

DCAT

CREEK

SIUS

LAW RIVER

Scale

Revision

Title

Project No.

Sheet

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forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

PLAN

ELEVATION - SPAN 1

78'-THRU RIVETED DECK PLATE GIRDER SPAN

NEW ANGLE 6x4x•, TYP

SHEET W5 FOR DETAILS

NEW WINGWALL, SEE

"L/2""L"

REPLACE WITH A325 BOLTS

REMOVE EXISTING RIVETS AND

VICINITY MAP

1 REDRIG

2 REDRIG

FOR WINGWALL DETAILS, SEE SHEET W5.

FOR STIFFENER DETAILS, SEE SHEET W7.

FOR GENERAL NOTES, SEE SHEET W3.

NOTES:

STRINGER CONNECTION

1 1 1 1 1 1

1 1 1 1 1 1

ADDITIONAL VERTICAL STIFFENERS1

NOTATION:

ofW6677.80



677.80-WILDCAT CREEK BRIDGE

W29


NEW WINGWALL, SEE

REPRESENTATIVE. TYP

THE RAILROAD AND/OR RAILROAD'S

BE DETERMINED IN THE FIELD WITH

ANGLE AND EXACT LOCATION TO

Scale

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Sheet

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ByRevision Appd.

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115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

8'-

0•

"

STIFFENER ANGLE

L6 X 4 X •

ELEVATION-SPAN 1

L

13 S

PA

@ 6"

MA

X

ofW7677.80




W29

TYPICAL

L/2

TYPICAL

6'-6"

MA

X

2"

-+

6'-

8"

NO TRAIN TRAFFIC ALLOWED ACROSS THE BRIDGE WITH RIVET(S) REMOVED.

LOOSENED SHALL BE DISCARDED AND NOT REUSED IN THE FINAL CONNECTIONS.

TEMPORARY BOLTS OR NEW GALAVANIZED BOLTS. A-325 BOLTS SHALL ONLY BE TORQUED ONE TIME. BOLTS

RIVET WITH AN A-325 BOLT. NO MORE THAN 3 RIVETS MAY BE REMOVED PRIOR TO PLACEMENT OF

RIVET REMOVAL, IF REQUIRED, SHALL FOLLOW THE APPROACH OF REMOVING A RIVET AND REPLACING THE

AS REQUIRED TO INSTALL THE STIFFENERS.

CONTRACTOR SHALL FURNISH ALL NECESSARY STAGING AND PLATFORMS FOR ACCESS TO THE AREAS�


IS COMPLETE.

AFTER STIFFENER INSTALLATION FINAL PAINTING OF THE NEW ANGLE SHALL OCCUR IN THE FIELD �

SILICONE.

OF THE NEW MATERIAL. THE EDGES OF THE STIFFENER SHALL BE SEALED WITH A 50 YEAR

GIRDER IN THE AREA OF THE NEW STIFFENER SHALL BE PRIMED COATED PRIOR TO THE PLACEMENT�

AND THE NUT OF EACH BOLT.

NEW GALVANIZED A-325 BOLTS SHALL BE INSTALLED WITH GALVANIZED WASHERS UNDER THE HEAD�

OR A TEMPLATE SHALL BE USED TO DRILL HOLES IN THE EXISTING WEB.

GIRDER WEB STIFFENERS SHALL BE PLACED ON THE OUTSIDE SURFACE OF THE WEB. STIFFENERS�

BE REMOVED. COMPOUND SHALL CONFORM TO ASTM C881 GRADE 3.

EXCESS COMPOUND SHALLWITH A 50 YEAR SILICONE AT ASSEMBLY.

ANGLE SHALL BE FILLEDPITTING DAMAGE IN EXCESS OF 1/16 INCH IN DEPTH UNDER THE NEW �

OF THE CENTERLINE OF THE NEW ANGLE.

4 INCHES ON ALL SIDESGIRDER WEB SHALL BE POWER CLEANED FOR A MINIMUM DISTANCE OF �

GIRDER STIFFENER NOTES:

LONG LEG OUT, SHORT LEG AGAINST THE GIRDER

GREATER THAN ˆ INCH

THERE SHALL BE NO GAPS

STIFFENER TO THE FLANGE.

60 PERCENT CONTACT OF THE

THE STIFFENER HAS

DEFINED AS:

TIGHT FIT STIFFENER IS

THE EXISTING FLANGE ANGLES.

TIGHT FIT NEW ANGLE TO

NOT TO SCALE

HWY 126

WALTON

COOS BAY RAIL

WIL

DCAT

CREEK

SIUS

LAW RIVER

BRIDGE 678.43

WALTON

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

ELEVATION

PLAN

VICINITY MAPREPLACE WITH A325 BOLTS


SPAN 1

59'-10„" -THRU RIVETED DECK PLATE GIRDER SPAN 1

SPAN 2

59'-10„" -THRU RIVETED DECK PLATE GIRDER SPAN 2

STRINGER CONNECTION

A325 BOLTS, TYPICAL

REPLACE RIVETS WITH

ofW8678.43



678.43-WALTON BRIDGE

W29

1

1

1

1


NOTATION:

FOR WINGWALL DETAILS, SEE SHEET W5



NOTES:


NEW WINGWALL, SEE


NEW WINGWALL, SEE

REPRESENTATIVE. TYP





NEW WINGWALL, SEE


NEW WINGWALL, SEE

11

11

11

11

1

GIRDER 2

1

GIRDER 1

11

11

11

11

11

11

11

11

11

11

11

11

11

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

ELEVATION

STIFFENER ANGLE

ADDITIONAL VERTICAL STIFFENERS.1

NOTATION:

6 PANELS AT 13'-0"

= 78'-0"

1

1

FLOOR PLAN

1

1

1

1

1

1

6 PANELS AT 13'-0" = 78'-0"

1

1

1

11

1

1

1

L6x4x•" (TYP)

L6 X 4 X •

ofW9678.43

STEEL BR. REPAIRS (URGENT NEED)



W29

LL

TYP

L/2

TYP

L/2

-+

4'-

6•

"

MA

X

2"

9 S

PA

@ 6"

MA

X










IS COMPLETE.


SILICONE.













1

1

1

1





THE STIFFENER HAS

DEFINED AS:




NOT TO SCALE

HWY 126

WALTON

COOS BAY RAIL

SIUS

LAW RIVER

WIL

DCAT

CREEK

BRIDGE 680.17

RICHARDSON

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/6/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

L1 L2L0

U1 U2 U3

L3

U4

L4

U5

L5 L6

PLAN

ELEVATION

150'-0"

VICINITY MAP

ofW10680.17



680.17-RICHARDSON BRIDGE

W29

WITH A325 GALVANIZED HIGH STRENGTH BOLTS.

CONNECTION DETAILS. EXISTING RIVETS TO BE REMOVED AND REPLACED

NOTE: REFER TO THE EXISTING BRIDGE DRAWINGS FOR THE FLOORBEAM



NOT TO SCALE

HWY 126

WALTON

COOS BAY RAIL

SIUS

LAW RIVER

WIL

DCAT

CREEK

BRIDGE 680.46

RICHARDSON

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/6/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

PLAN

ELEVATION - SPAN 1


18'-

6"

VICINITY MAP

GIRDER 1

GIRDER 2

ofW11680.46




W29

WITH A325 GALVANIZED HIGH STRENGTH BOLTS.

CONNECTION DETAILS. EXISTING RIVETS TO BE REMOVED AND REPLACED

NOTE: REFER TO THE EXISTING BRIDGE DRAWINGS FOR THE FLOORBEAM



NOT TO SCALE

HWY 126

WALTON

COOS BAY RAIL

SIUS

LAW RIVER

WIL

DCAT

CREEK

BRIDGE 680.77

RICHARDSON

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

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oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

PLAN

ELEVATION - SPAN 1


18'-

6"

"L"

"L/2"

VICINITY MAP



1 REDRIG

2 REDRIG

STRINGER CONNECTION

REPLACE RIVETS WITH A-325 BOLTS

ofW12680.77




W29

OF EACH GIRDER

OR 3 STIFFENERS ON EACH END

NEW STIFFENERS 6x4x• TOTAL




NOTES:

1

1

1

1

1

1

1

1

1

1

1

1


NOTATION:


NEW WINGWALL, SEE


NEW WINGWALL, SEE

REPRESENTATIVE. TYP




Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

STIFFENER ANGLE

L6 X 4 X •

15 S

PA

@ 6"

MA

X

9'-

0•

"

ELEVATION

TYP

L/2

L

MA

X

2"

ofW13680.77




W29

-+

7'-

8"

NEW STIFFENER LOCATION

(76 FOOT SPAN)










IS COMPLETE.


SILICONE.

















THE STIFFENER HAS

DEFINED AS:




ELEVATION

PLAN

EUGENE COOS BAY

RIVETED DECK PLATE GIRDER60'-0" SP

AN 1 RIVETED DECK PLATE GIRDER

99'-8†" SPAN 2

RIVETED DECK PLATE GIRDER

60'-0" SPAN 1


100'-0" SPAN 2



1 REDRIG

2 REDRIG

1 REDRIG

2 REDRIG

SPAN 1 SPAN 2




NOTES:

STRINGER CONNECTION

A325 BOLTS, TYPICAL

REPLACE RIVETS WITH


NEW WINGWALL, SEE


NEW WINGWALL, SEE

Scale

Revision

Title

Project No.

Sheet

ofW14

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

681.05

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$



681.05- WILDCAT CREEK BRIDGE

W29

VICINITY MAPNOT TO SCALE

HWY 126

WALTON

COOS BAY RAIL

SIUS

LAW RIVER

WIL

DCAT

CREEK

BRIDGE 681.05

WILDCAT CREEK


NOTATION:

1

1

1

11

1

1

1

1

1

11

1 1

1

1

1

1

1

1

1

1

1

1

1 1

REPRESENTATIVE. TYP




SWF MCH MCH 12/21

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

STIFFENER ANGLE

L6 X 4 X •

L

15 S

PA

@ 6"

MA

X

9'-

0•

"

(100 FOOT SPAN)

ELEVATION-SPAN 2 GIRDER


(60 FOOT SPAN)

6'-

6" 10

SP

A

@ 6"

MA

X

STIFFENER ANGLE

L6 X 4 X •

MA

X

2"

MA

X

2"

TYP

L/2

TYP

L/2

L


ofW15681.05




W29


-+

5'-

2"

-+

7'-

8"











IS COMPLETE.


SILICONE.

















THE STIFFENER HAS

DEFINED AS:





STIFFENER TO THE FLANGE. THERE SHALL BE NO GAPS

THE STIFFENER HAS 60 PERCENT CONTACT OF THE

TIGHT FIT STIFFENER IS DEFINED AS:

TIGHT FIT NEW ANGLE TO THE EXISTING FLANGE ANGLES.

ELEVATION

PLAN

9'-

0"

EUGENE COOS BAY


60'-0" SPAN 1


100'-0" SPAN 2

RIVETED DECK PLATE GIRDER60'-0" SP

AN 3

7'-

0" 7

'-0"


60'-0" SPAN 3


60'-0" SPAN 1


100'-0" SPAN 2

FOR DETAILS

SHEET W5

WINGS, SEE

NEW BALLAST


HWY 126

WALTON

COOS BAY RAIL

WIL

DCAT

CREEK

SIUS

LAW RIVER

BRIDGE 681.45

WALTON

GIRDER 2

GIRDER 1

GIRDER 1

GIRDER 2GIRDER 2

GIRDER 1

Scale

Revision

Title

Project No.

Sheet

ofW20

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

681.45

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$



681.45- WALTON BRIDGE

W29

FOR WINGWALL DETAILS, SEE SHEET W5.3.

FOR STIFFENER DETAILS, SEE SHEET W22.2.

FOR GENERAL NOTES, SEE SHEET W3.1.

NOTES:

REPRESENTATIVE. TYP




SWF MCH MCH 12/21

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

STIFFENER ANGLE

L6 X 4 X •

15 S

PA

@ 6"

MA

X

9'-

0•

"

(100 FOOT SPAN)



(60 FOOT SPAN)

6'-

6" 10

SP

A

@ 6"

MA

X

STIFFENER ANGLE

L6 X 4 X •

L/2L

L/2L

MA

X

2"

MA

X

2"

ofW22681.45



681.45 WALTON BRIDGE REPAIRS

W29

1

1

FLOOR PLAN


NOTATION:

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

11

1 1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1 1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1


-+

5'-

2"

-+

7'-

8"



AGAINST THE GIRDER

LONG LEG OUT, SHORT LEG


BOLTS LOOSENED SHALL BE DISCARDED AND NOT REUSED IN THE FINAL CONNECTIONS.

TEMPORARY BOLTS OR NEW GALAVANIZED BOLTS. A-325 BOLTS SHALL ONLY BE TORQUED ONE TIME.






IS COMPLETE.


SILICONE.

















THE STIFFENER HAS

DEFINED AS:









PLAN

ELEVATION

EUGENE COOS BAY

DECK PLATE GIRDER

50'-0" SPAN 3

DECK PLATE GIRDER

100'-0" SPAN 2

THROUGH PLATE GIRDER

51'-0" SPAN 1

9'-

0"

DECK PLATE GIRDER

50'-0" SPAN 3

DECK PLATE GIRDER

100'-0" SPAN 2

THROUGH PLATE GIRDER

51'-0" SPAN 1

7'-

0"

17'-

6"

ROADWAY


HWY 126

WALTON

COOS BAY RAIL

SIUS

LAW RIVER

WIL

DCAT

CREEK

BRIDGE 682.18

RICHARDSON

GIRDER 1

GIRDER 2


NEW WINGWALL, SEE



SHEET W24.

FOR REPAIR TABLE, SEE

NOTES:

NEW ANGLES 4x6x•, TYP

NOTE: ALL ROADWAY CLOSURES TO FOLLOW

Scale

Revision

Title

Project No.

Sheet

ofW23

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

682.18

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$



682.18 WALTON BRIDGE

W29

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

11

1

1

1

1

1

1

1

1

1

1

1

1

1GIRDER 1

GIRDER 2


NOTATION:

REPRESENTATIVE. TYP





NEW WINGWALL, SEEALL BAYS OF SPAN 1

NEW STRINGERS S20x86

1 111

1111

11

1 111

1111

11

SWF MCH MCH 12/21

FOR WINGWALL DETAILS, SEE SHEET W5.3.

FOR STIFFENER DETAILS, SEE SHEET W25.2.

FOR GENERAL NOTES, SEE SHEET W3.1.

NOTES:


L/2L


L/2L


(100 FOOT SPAN)

ELEVATION-SPAN 2 GIRDER L6 X 4 X •

STIFFENER ANGLE

15 S

PA

@ 6"

MA

X

MA

X

2"

L6 X 4 X •

STIFFENER ANGLE

MA

X

2"

10

SP

A

@ 6"

MA

X

6'-

6"

9'-

0•

"

-+

7'-

8"

-+

5'-

2"

Scale

Revision

Title

Project No.

Sheet

ofW24

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

682.18

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$


REPAIR TABLES

682.18 WALTON BRIDGE

W29

AGAINST THE GIRDER

LONG LEG OUT, SHORT LEG










IS COMPLETE.


SILICONE.













(50 FOOT SPAN) SPAN 3 SHOWN, SPAN 1 SIMILAR

SWF 12/21MCH MCH





THE STIFFENER HAS

DEFINED AS:









Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

BAY 5BAY 4BAY 3BAY 2BAY 1

FB1

FB2

FB3

FB4

FB5

FB6

2-Ls 6x6x•" (EXT.)

2-Ls 6x6x•" (EXT.)

50'-11"

(TYP.)

9'-6"

10'-5"

(TYP.)

1'-3"

17'-

6"

5'-

3"

7'-

0"

5'-

3"

49'-1"

8'-7"

STIFFENER

GIRDER WEB

THROUGH PLATE

GIRDER

THROUGH PLATE

KNEE BRACE

GUARD TIMBER

RAIL

CONN. ANGLE

STRINGER

STRINGER

FLOOR BEAM

BOTTOM LATERAL BRACING

2-Ls 6x6xƒ" (INT.)

WEB PL. 32X…"

2-Ls 6x6xƒ" (INT.)

FRAMING PLAN

TYPICAL SECTION

IN SPAN 1

FOR ALL FLOORBEAMS

A325 BOLTS, TYPICAL

REPLACE RIVETS WITH

IN SPAN 1

FOR ALL FLOORBEAMS

A325 BOLTS, TYPICAL

REPLACE RIVETS WITH

ANGLES WITH A325 BOLTS.

EXISTING KNEE BRACE

REPLACE FB RIVETS TO

A325 BOLTS.

GIRDER WEB WITH

REPLACE FB RIVETS TO

ofW25682.18


SPAN 1 STRINGER REPL/FB RIVET REPL


W29

EXISTING FLOOR BEAM DETAIL

FIELD VERIFY ALL DIMENSIONS)

(FOR INFORMATION ONLY.

(SPAN 1)

IN FLOORBEAMS

TO USE EXISTING HOLES

NEW CONNECTION ANGLES




IS COMPLETE.


OF THE NEW MATERIAL. THE EDGES OF THE STIFFENER SHALL BE SEALED WITH A 50 YEAR SILICONE.

FLOORBEAM IN THE AREA OF THE STRINGER FLANGE ANGLES SHALL BE PRIMED COATED PRIOR TO THE PLACEMENT �

EACH BOLT.

NEW GALVANIZED A-325 BOLTS SHALL BE INSTALLED WITH GALVANIZED WASHERS UNDER THE HEAD AND THE NUT OF �

ASSEMBLY. EXCESS COMPOUND SHALL BE REMOVED. COMPOUND SHALL CONFORM TO ASTM C881 GRADE 3.

PITTING DAMAGE IN EXCESS OF 1/16 INCH IN DEPTH UNDER THE NEW ANGLE SHALL BE FILLED WITH A 50 YEAR SILICONE AT�

NEW STRINGER CONNECTION ANGLES TO UTILIZE EXISTING BOLT HOLES IN FLOORBEAMS�

CONNECTION ANGLES.

FLOORBEAM WEB SHALL BE POWER CLEANED FOR A MINIMUM DISTANCE OF 4 INCHES ON ALL SIDES OF THE EXISTING�

STRINGER NOTES:


FINAL CONNECTIONS

A-325 BOLTS SHALL ONLY BE TORQUED ONE TIME. BOLTS LOOSENED SHALL BE DISCARDED AND NOT REUSED IN THE

NO MORE THAN 3 RIVETS MAY BE REMOVED PRIOR TO PLACEMENT OF TEMPORARY BOLTS OR NEW GALAVANIZED BOLTS.

RIVET REMOVAL SHALL FOLLOW THE APPROACH OF REMOVING A RIVET AND REPLACING THE RIVET WITH AN A-325 BOLT.

NOTES:

GIRDER 2

GIRDER 1

EXISTING FLOORBEAM, TYP

BEVEL END OF NEW STRINGER TO MATCH

STRINGER DEPTH.

FOR THE SLIGHT CHANGE IN

ADJUST AND MODIFY AS NEXESSARY

ELEVATION AS THE EXISTING STRING.

KEEP TOP OF FLANGE AT THE SAME

NEW STRINGER S20x86.

AND REPLACED WITH A325 GALVANIZED HIGH STRENGTH BOLTS.

TO FLOORBEAM CONNECTION DETAILS. EXISTING RIVETS TO BE REMOVED

NOTE: REFER TO THE EXISTING BRIDGE DRAWINGS FOR THE STRINGER

ELEVATION

EUGENE COOS BAY


60'-0" SPAN 3

TRUSS SPAN

100'-0" SPAN 2

TRUSS SPAN

150'-0" SPAN 1

17'-

0"

7'-

0"

SPANS

TIMBER APPROACH

SPANS

TIMBER APPROACH

PLAN - LOWER LATERAL BRACING

PLAN - STRINGER AND LOWER LATERAL BRACING

6x4x•, TYP


WALTON

COOS BAY RAIL

SIUSLA

W RIVER

WIL

DCAT

CREEK

SIUSLAW RIVER

HWY 126

5020

BRIDGE 691.05

RICHARDSON

GIRDER 1

GIRDER 2 GIRDER 2

GIRDER 2

GIRDER 1

GIRDER 1



NOTES:

Scale

Revision

Title

Project No.

Sheet

ofW26

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

691.05

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$



691.05 MAPLETON BRIDGE

W29

1 1 1 1 1 1

1 1 11 1 1

SWF MCH MCH 12/21

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

ELEVATION

STIFFENER ANGLE


NOTATION:

1

1

FLOOR PLAN

L6x4x•" (TYP)

L6 X 4 X •

1

1

1

1

1

1

1

1

1

1

10

SP

A

@ 6"

MA

X

(60 FOOT SPAN)

TYPICAL

L/2 L

ofW27691.05



691.05-MAPLETON BRIDGE

W29

MA

X

2"

-+

5'-

2"









IS COMPLETE.


SILICONE.


















THE STIFFENER HAS

DEFINED AS:




L0 L1 L2

U1 U2 U3 U2' U1'

EUGENE COOS BAY

17'-

0"

31'-0"

L2'L3 L1'

PLAN

ELEVATION

L0'

8'-

0"

8'-

0"

SPAN 3

80'-RIVETED DECK PLATE GIRDER SPAN

SPAN 2

150'-0" - THRU RIVETED TRUSS SPAN

SPAN 1


SPAN 1


SPAN 2

THRU RIVETED TRUSS SPAN (6 PANELS AT 25'-0" = 150'-0")

SPAN 3


6x4x•, TYP


COOS BAY RAIL

SIUSLA

W RIVER

SIUSLAW RIVER

HWY 126

5020

SWISSHOMEBRIDGE 694.78

SWISSHOME

GIRDER 2

GIRDER 2

GIRDER 2

GIRDER 1 GIRDER 1

GIRDER 1

FOR STIFFENER DETAILS, SEE SHEET W29

FOR GENERAL NOTES, SEE SHEET W3

NOTES:

Scale

Revision

Title

Project No.

Sheet

ofW28

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

694.78

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$



694.78-SWISSHOME BRIDGE

W29

6x4x•, TYP

1 1 1

1 1 1

111

111

111

111

1 1 1

1 1 1

SWF MCH MCH 12/21

Scale

Revision

Title

Project No.

Sheet

Copyright Reserved

forbidden.





ByRevision Appd.

Consultant


115 Hall Avenue

Coos Bay Rail Line

Bridge

PREPARED BY

NTSFile Name:

Dwn. Chkd. Dsgn.

178209003

MM/YYMM/YY

Client


125 Central Avenue

Port of Coos Bay

US

ER

NA

ME:

FIL

E

NA

ME:

DA

TE:

178209003 ______

______

12/3/2021

sf

oy

$FIL

EL$

$TI

ME$

SWF 12/21MCH MCH

STIFFENER ANGLE

L6 X 4 X •

15 S

PA

@ 6"

MA

X

9'-

0•

"

ELEVATION

TYP

L/2

L

MA

X

2"

ofW29694.78



694.78 SWISSHOME BRIDGE

W29

FLOOR PLAN


NOTATION:

(80 FOOT SPAN)


1

11

1

1

1

1

1

1

1

1

1

-+

7'-

8"










IS COMPLETE.


SILICONE.

















THE STIFFENER HAS

DEFINED AS:




EXHIBIT C Page 1 of 1

110839266.1 0068323-00003

EXHIBIT C

LIST OF SPECIFICATIONS The Specifications that are applicable to the Work on this Project are the:

- American Railway Engineering and Maintenance-of-Way Association (AREMA) Manual for Railway Engineering (2015)

- 2015 edition of the "Oregon Standard Specifications for Construction", as modified by these Special Provisions, except for the following Sections (and their subsections), which are hereby deleted and do not apply to the Work on this Project:

o Section 00130 - Award and Execution of Contract o Section 00140 - Scope of Work o Section 00150 - Control of Work o Section 00170 - Legal Relations and Responsibilities o Section 00180 - Prosecution and Progress o Section 00190 - Measurement of Pay Quantities o Section 00195 - Payment o Section 00196 - Payment for Extra Work o Section 00197 - Payment for Force Account Work o Section 00199 - Disagreements, Protests, and Claims

- Section 09999 Construction and Railroad Coordination Specifications,

- Section 00120 - Bidding Requirements and Procedures for the Steel Bridges Repair

Project

As to the remaining Sections of any of the Specifications, unless specifically included in a Change Order, the “Measurement” and “Payment” subsections shall not apply. In the event of a conflict between AREMA Manual for Railway Engineering (2015) and the 2015 edition of the Oregon Standard Specifications for Construction, the AREMA Manual for Railway Engineering (2015) shall govern.

110134279.2 0068323-00003 EXHIBIT D

Page 1 of 9

EXHIBIT D

PROVISIONS FROM THE PUBLIC CONTRACTING CODE AND ATTORNEY GENERAL’S MODEL PUBLIC CONTRACTING RULES

1. GENERAL. 1.1 INCORPORATION OF ALL CONTRACT PROVISIONS. The Contract hereby incorporates all contract provisions that are required to be incorporated into contracts with public entities pursuant to (a) the Public Contracting Code (ORS Chapters 279A, 279B and 279C), (b) the Attorney General Model Public Contracting Rules (which are referred to in this Exhibit as the “Model Rules”) and (c) other applicable law. The provisions incorporated into the Contract under the preceding sentence include, without limitation, any provisions or amendments to provisions that become effective after the Contract is executed. 1.2 DISCLAIMER REGARDING ANY UNLISTED CONTRACT PROVISIONS. The provisions listed in this Exhibit are not necessarily an exhaustive list of provisions that are required under the Public Contracting Code, the Model Rules or other applicable law, and the fact that this Exhibit does not list a provision that is required by the Public Contracting Code, the Model Rules or other applicable law will not (i) prevent or otherwise diminish the incorporation of that unlisted provision into the Contract or (ii) negate or otherwise diminish Constructor’s obligation to comply with applicable laws. 2. PAYMENT. 2.1 PROMPT PAYMENT. Constructor shall promptly pay all of its obligations arising out of or in connection with the Work, including, but not limited to, payments (1) to all persons, as due, supplying to Constructor labor, equipment, services or material for the performance of the Work, (2) of all contributions or amounts due the Industrial Accident Fund from Constructor or the subcontractors incurred in the performance of the Work, and (3) to the Department of Revenue of all sums withheld from employees under ORS 316.167. 2.2 CONSTRUCTOR’S OBLIGATIONS TO FIRST-TIER SUBCONTRACTOR. Constructor shall pay each first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of amounts Owner pays to Constructor under the Contract. Constructor shall provide a first-tier subcontractor with a standard form that the first-tier subcontractor may use as an application for payment or as another method by which the subcontractor may claim a payment due from Constructor. Constructor shall use the same form and regular administrative procedures for processing payments during the entire term of the Subcontract. Constructor may change the form or the regular administrative procedures Constructor uses for processing payments if Constructor notifies the subcontractor in writing at least 45 days before the date on which Constructor makes the change and includes with the written notice a copy of the new or changed form or a description of the new or changed procedure. Constructor shall also include in each subcontract entered into by Constructor a provision requiring each first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of this Section 2.2 in each of its subcontracts and to require each of the first-tier subcontractor’s lower-tier subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor. 2.3 PROMPT PAYMENT POLICY. It is the policy of the State of Oregon that all payments due on a public improvement contract and owed by a contracting agency shall be paid promptly. No public contracting agency is exempt from the provisions of ORS 279C.570. 2.4 CONSTRUCTOR’S FAILURE TO MAKE PROMPT PAYMENT. If Constructor has failed, neglected or refused to pay promptly a person’s claim for labor, equipment, services or materials that the person provides to Constructor or a subcontractor in connection with the Project as such claim becomes due, Owner may pay such claim to the person that provides the labor, equipment, services or materials and charge the amount of the payment against funds due or to become due Constructor under the Contract. Owner reserves the right to make payments directly or by multiple-payee check, and Constructor hereby consents to such direct and multiple-payee check payments. Upon Owner’s request, Constructor shall furnish to Owner the information required to facilitate such payments with each application for payment, including (1) names, addresses and telephone numbers of persons making any such claim for labor, equipment, services or material and (2) a complete listing of outstanding amounts owed to all such persons.

110134279.2 0068323-00003 EXHIBIT D

Page 2 of 9

2.5 CONSTRUCTOR’S AND FIRST-TIER SUBCONTRACTOR’S FAILURE TO MAKE PAYMENT AFTER PAYMENT FROM OWNER; INTEREST PENALTY. If Constructor or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor, equipment, services or materials in connection the Contract within 30 days after receiving payment from Owner or Constructor, Constructor or the first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period that payment is due under ORS 279C.580(4) and that end upon final payment, unless payment is subject to a good-faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived. 2.6 CONSTRUCTION CONTRACTORS BOARD COMPLAINT. If Constructor or a subcontractor fails, neglects or refuses to make payment to a person that provides labor, equipment, services or materials in connection with the Contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in ORS 279C.580. 2.7 CONTINUING LIABILITY OF CONSTRUCTOR AND SURETY. Payment by Owner of a claim in the manner authorized in this Section 2 does not relieve Constructor or Constructor’s surety from obligation with respect to any unpaid claims. 3. PUBLIC WORKS PROJECT. 3.1 PREVAILING RATE OF WAGE. The Project is a public works project subject to the prevailing wage rate requirements in ORS 279C.800 to 279C.875 and 40 USC § 3141, et seq. Constructor and the subcontractors shall comply with ORS 279C.840. Workers in each trade or occupation required for the Work of the Project shall not be paid less than the minimum hourly rate of wage for such workers as detailed in the Specifications for the Contract. 3.2 PUBLIC WORKS BOND. Before starting the Work, Constructor and every subcontractor shall file with the Construction Contractors Board a public works bond in accordance with ORS 279C.836, unless Constructor or subcontractor has elected not to file a public works bond under ORS 279C.836(7) or (8) or is exempt under ORS 279C.836(4) or (9). Before permitting a subcontractor to start the Work, Constructor shall verify that the subcontractor has filed a public works bond as required by ORS 279C.836, has elected not to file a public works bond under ORS 279C.836(7) or (8), or is exempt under ORS 279C.836(4) or (9). Constructor shall also ensure that each subcontract entered into by a subcontractor for the Project shall include a clause obligating each subcontractor to comply with the requirements of this Section 3.2, such that all subcontracts at all tiers include a requirement to comply with this Section 3.2. 4. COMPLIANCE WITH LAWS/TAX LAWS. Constructor shall comply with all applicable federal, state, and local laws, statutes, codes, regulations, rules, orders and rulings as well as all applicable construction industry standards, including, without limitation, those governing labor, materials, equipment, construction procedures, safety, health, sanitation and the environment. Constructor agrees to indemnify, hold harmless, reimburse and defend Owner from and against any penalties or liabilities arising out of violations of such obligations by Constructor or its subcontractors at any tier. Constructor must also comply with all Oregon tax laws and shall submit a certification of such compliance in accordance with ORS 305.385(6). 5. CONSTRUCTOR’S EMPLOYEES AND SUBCONTRACTORS. 5.1 EMPLOYEE DRUG TESTING PROGRAM. Constructor shall certify to Owner that Constructor has initiated, and shall maintain through the completion of the Work of the Project, an employee drug testing program. 5.2 WORKDAY/WORKWEEK. No person shall be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which event the person so employed for excessive hours shall receive at least time and a half pay for (1) all overtime in excess of eight hours in any one day or 40 hours in any one week when the workweek is five consecutive days, Monday through Friday; or (2) all overtime in excess of 10 hours in any one day or 40 hours in any one week when the workweek is four consecutive days, Monday through Friday; and (3) all work performed on Saturday and on any legal holiday specified in ORS 279C.540. Constructor shall comply with the prohibition set forth in ORS 652.220, and compliance with ORS 652.220 is a material element of this Contract. If Constructor fails to comply with

110134279.2 0068323-00003 EXHIBIT D

Page 3 of 9

ORS 652.220, such failure is a breach that entitles Owner to terminate the Contract for cause. Constructor may not prohibit any of Constructor’s employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person. 5.3 NOTICE OF REQUIRED WORK HOURS. Constructor and each subcontractor must give notice to its employees in writing, either at the time of hire or before commencement of Work, or by posting a notice in a location frequented by its employees, of the number of hours per day and days per week that the employees may be required to work. 5.4 CLAIMS FOR OVERTIME. Any worker employed by Constructor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with Constructor within 90 days from the completion of the Contract, provided Constructor has: (1) caused a circular clearly printed in boldfaced 12-point type and containing a copy of this Section 5.4 to be posted in a prominent place alongside the door of the timekeeper’s office or in a similar place that is readily available and freely visible to any or all workers employed on the Work and (2) maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. 5.5 WORKERS’ COMPENSATION. All employers, including Constructor, that employ subject workers who work under the Contract in the State of Oregon shall comply with ORS 656.017 and provide the required workers’ compensation coverage, unless such employers are exempt under ORS 656.126. Constructor shall ensure that each of its subcontractors complies with these requirements. 5.6 PROMPT PAYMENT FOR MEDICAL SERVICES. Constructor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Constructor, of all sums that Constructor agrees to pay for the services and all moneys and sums that Constructor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 5.7 PROMPT PAYMENT BY CONSTRUCTOR AND SUBCONTRACTORS; INTEREST PENALTY. Constructor shall include in each subcontract entered into by Constructor a clause obligating Constructor (1) to make payment to the subcontractor for satisfactory performance within 10 days out of such amounts as are paid to Constructor by Owner under the Contract and (2) if payment is not made within 30 days after receipt of payment from Owner, to pay the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract as required by the preceding clause (1) above. The interest penalty shall be for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and computed at the rate specified in ORS 279C.515(2). Constructor shall also include in each subcontract entered into by Constructor a provision requiring each first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of this Section 5.7 in each of its subcontracts and to require each of the first-tier subcontractor’s lower-tier subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor. 5.8 LICENSING WITH CONSTRUCTION CONTRACTORS BOARD AND LANDSCAPE CONTRACTORS BOARD. Before commencing the Work, Constructor shall ensure that the subcontractors are duly registered with the Oregon State Construction Contractors Board (and the State Landscape Contractors Board, if applicable), and that no subcontractor has been declared ineligible to work on a public contract. 6. MATERIAL SALVAGE. To the extent the scope of the Work for the Contract requires demolition, Constructor must salvage or recycle construction and demolition debris, if feasible and cost-effective. 7. COMPOSTING. To the extent the scope of the Work for the Contract requires lawn and landscape maintenance, Constructor must compost or mulch yard waste material at an approved site, if feasible and cost-effective. 8. RECYCLED MATERIALS. Constructor, in performance of the Work, shall give preference to the procurement of goods manufactured from recycled materials.

110134279.2 0068323-00003 EXHIBIT D

Page 4 of 9

9. ENVIRONMENTAL AND NATURAL RESOURCES LAWS. Pursuant to ORS 279C.525, the following is a list of federal, state and local agencies that have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the Contract. The following list may not include all such agencies that have enacted ordinances, rules or regulations relating to the environmental pollution and preservation of natural resources.

Federal Agencies: Agriculture, Dept. of Forest Service Natural Resource Conservation Service Defense, Dept. of Army Corps of Engineers Coast Guard Environmental Protection Agency Interior, Dept. of U.S. Fish and Wildlife Service Bureau of Land Management Bureau of Indian Affairs Bureau of Reclamation Labor, Dept. of Occupational Safety and Health Administration Transportation, Dept. of Federal Highway Administration State Agencies: Agriculture, Dept. of Consumer and Business Services Dept. Oregon Occupational Safety and Health Division Environmental Quality, Dept. of Fish and Wildlife, Dept. of Forestry, Dept. of Geology and Mineral Industries, Dept. of Human Services, Dept. of Land Conservation and Development, Dept. of Natural Resources, Dept. of State Fire Marshall State Lands, Dept. of Water Resources Dept. Local Agencies: City Councils Circuit Courts County Commissioners, Boards of Fire Districts Planning Commissions 10. RETAINAGE. The withholding of retainage by Constructor or subcontractor shall be in accordance with ORS 279C.550 to ORS 279C.570 and OAR 037-049-0820. 11. LIENS. Constructor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished.

110134279.2 0068323-00003 EXHIBIT D

Page 5 of 9

12. MWESB CERTIFICATION STATUS. If Constructor is certified as a disadvantaged, minority, women or emerging small business enterprise under ORS 200.055 and Owner awarded the Contract to Constructor in whole or in part on the basis of Constructor’s certification, Constructor shall remain certified for the entire term of the Contract. Similarly, if one or more of Constructor’s subcontractors are certified as a disadvantaged, minority, women or emerging small business enterprise under ORS 200.055 and Owner awarded the Contract to Constructor in whole or in part on the basis of the subcontractors’ certifications, Constructor shall require that those subcontractors remain certified for the entire term of the Contract. This requirement is a material condition of the Contract and, if Constructor or a subcontractor is no longer certified, Owner may, without prejudice to any other right or remedy, (a) terminate the Contract, (b) require Constructor to terminate the subcontract, or (c) exercise any or all other remedies for breach of this Contract. Constructor shall also ensure that each subcontract entered into by a subcontractor for the Project shall include a clause obligating each subcontractor to comply with the requirements of this Section 12, such that all subcontracts at all tiers include a requirement to comply with this Section 12. 13. NOTICE OF CLAIM ON BOND. The notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to Constructor or subcontractor at any place Constructor or subcontractor maintains an office or conducts business or at the residence of Constructor or subcontractor. If the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 200 days after the employee last provided labor or materials. The notice shall be in writing substantially as follows: To (here insert the name of Constructor or subcontractor and the name of Owner): Notice hereby is given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor was supplied to (here insert the name of Constructor or subcontractor). __________ (here to be signed) 14. BUY AMERICAN ACT. Constructor and all subcontractors shall apply, comply with and implement all provisions of the Buy American Act, 41 USC § 8301-8305. This project is a public work of the Federal Government under 41 USC § 8301-8305. 15. APPLICABLE FEDERAL LAWS AND REGULATIONS. Constructor and all subcontractors shall comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they related to the use of Federal funds for this Project. The applicable provisions to this agreement include but are not limited to the following: General Federal Legislation

a. Davis-Bacon Act - 40 U.S.C. §§ 3141, et seq. b. Federal Fair Labor Standards Act - 29 U.S.C. §§ 201, et seq. c. Hatch Act - 5 U.S.C. §§ 1501, et seq. d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. §§

4601, et seq. e. National Historic Preservation Act of 1966 - 54 U.S.C. § 306108 f. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. §§ 312501, et seq. g. Native American Graves Protection and Repatriation Act - 25 U.S.C. §§ 3001, et seq. h. Clean Air Act – 42 U.S.C. §§ 7401, et. seq. i. Clean Water Act - 33 U.S.C. §§ 1251, et seq. j. Endangered Species Act – 16 U.S.C. §§ 1531 et seq. k. Coastal Zone Management Act – 16 U.S.C. §§ 1451 et seq.

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l. Flood Disaster Protection Act of 1973 – 42 U.S.C. §§ 4001 et seq. m. Age Discrimination Act of 1975 - 42 U.S.C. §§ 6101, et seq. n. American Indian Religious Freedom Act, 42 U.S.C. 1996 o. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101, et seq. p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act

of 1970, P.L. 91-616, as amended - 42 U.S.C. §§ 4541, et seq. q. Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42 U.S.C. § 290dd

through 290dd-2 r. Architectural Barriers Act of 1968 - 42 U.S.C. § 4151, et seq. s. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 - 42 U.S.C. § 8373 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq. u. Copeland Anti-kickback Act, as amended - 18 U.S.C. § 874 and 40 U.S.C. § 3145 v. National Environmental Policy Act of 1969 - 42 U.S.C. §§ 4321, et seq. w. Wild and Scenic Rivers Act – 16 U.S.C. §§ 1271, et seq. x. Single Audit Act of 1984 - 31 U.S.C. §§ 7501, et seq. y. Americans with Disabilities Act of 1990 - 42 U.S.C. § 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended - 20 U.S.C. § 1681 through § 1683,

and § 1685 through § 1687 aa. Section 504 of the Rehabilitation Act of 1973, as amended - 29 U.S.C. § 794 bb. Title VI of the Civil Rights Act of 1964 - 42 U.S.C. §§ 2000d et seq. cc. Title IX of the Federal Property and Administrative Services Act of 1949 - 40 U.S.C. §§1101 -

1104 541, et seq. dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial

Transactions – 31 U.S.C. § 1352 ee. Freedom of Information Act - 5 U.S.C. § 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. § 1801 et seq. gg.

Farmland Protection Policy Act of 1981 – 7 U.S.C. §§ 4201 et seq. hh. Noise Control Act of 1972 – 42 U.S.C. §§ 4901, et seq. ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. §§ 661 et seq. jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 - 33 U.S.C. §§ 401

and 525 kk. Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303 and 23 U.S.C. § 138 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980(CERCLA) –

42 U.S.C. §§ 9601 et seq. mm. Safe Drinking Water Act -- 42 U.S.C. §§ 300f et seq. nn. The Wilderness Act -- 16 U.S.C. §§ 1131 et seq. oo. Migratory Bird Treaty Act 16 U.S.C. §§ 703 et seq. pp. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L.

109–282, as amended by section 6202 of Public Law 110–252) qq. Cargo Preference Act of 1954 – 46 U.S.C. § 55305 rr. Buy American Act – 41 U.S.C. § 8301–8305

Executive Orders

a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11988 – Floodplain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12549 – Debarment and Suspension f. Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations g. Executive Order 13166 – Improving Access to Services for Persons With Limited English

Proficiency h. Executive Order 13788 – Buy American and Hire American

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General Federal Regulations a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards – 2 C.F.R. Parts 200, 1201 b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures - 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates - 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or part by

loans or grants from the United States - 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted

construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) - 29 C.F.R. Part 5

g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) - 41 C.F.R. Parts 60, et seq.

h. New Restrictions on Lobbying – 49 C.F.R. Part 20 i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation –

Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21 j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted

programs - 49 C.F.R. Part 24 k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal

Financial Assistance - 49 C.F.R. Part 25 l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting

from Federal Financial Assistance - 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all

programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35 n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted

by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny

procurement market access to U.S. contractors - 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49

C.F.R. Part 32 q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the

DOT’s standards for accessible transportation facilities in Part 37, Appendix A - 49 C.F.R. Parts 37 and 38

r. Procedures for Transportation Workplace Drug and Alcohol Testing Programs – 49 C.F.R. Part 40 s. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial

Assistance Programs – 49 C.F.R. Part 26 t. Preference for Privately Owned Commercial U.S. Flag Vessels – 46 C.F.R. Part 381

Specific assurances required to be included in the FY 2018 BUILD Transportation Discretionary Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this Agreement. 16. ASSURANCES CONCERNING NON-DISCRIMINATION No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. 17. ADDITIONAL FEDERAL FUNDING REQUIREMENTS During the performance of this Contract, the Constructor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

a. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Maritime Administration (MARAD), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

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b. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21.

c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all

solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

d. Information and Reports: The contractor will provide all information and reports required by the

Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Owner or MARAD to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to Owner or MARAD, as appropriate, and will set forth what efforts it has made to obtain the information.

e. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-

discrimination provisions of this contract, the Owner will impose such contract sanctions as it or MARAD may determine to be appropriate, including, but not limited to:

i. withholding payments to the contractor under the contract until the contractor complies; and/or

ii. cancelling, terminating, or suspending a contract, in whole or in part. f. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through

six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Owner or MARAD may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Owner to enter into any litigation to protect the interests of the Owner. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

18. PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this Contract, the Constructor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

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• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;

• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)(prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).

19. GRANT REQUIREMENTS AND CONTRACT CLAUSES

a. The Consolidated Appropriations Act, 2018 (Pub. L. 115-141, March 23, 2018), regarding National Infrastructure Investments (the “Act”) (referred to as “FY 2018 BUILD Transportation Discretionary Grants” or “BUILD Transportation Discretionary Grants”) requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of Title 40, United States Code.

b. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. § 3145, the Department

of Labor has issued regulations at 29 C.F.R. Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 C.F.R. 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Act shall ensure that the standard Davis-Bacon contract clauses found in 29 C.F.R. 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating).

c. Federal agencies providing grants, grant agreements, and loans under the Act shall ensure that the

standard Davis-Bacon contract clauses found in 29 C.F.R. 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating).

d. For additional guidance on the wage rate requirements of the Act, contact your awarding agency.

Recipients of grants, grant agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14.

EXHIBIT E Page 1 of 3

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EXHIBIT E

CONTRACTOR’S INSURANCE As a condition precedent to payment, Contractor will at all times specified herein provide and maintain for itself and require its subcontractors to provide and maintain the following types and the following minimum limits of insurance written on an occurrence basis by a company or companies rated A/IX or better in the most recent edition of “Best’s Insurance Guide” (or such lesser rating as may be approved by Owner in writing) and authorized to do business in the state where the Project is located. A. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY:

(i) State: Statutory (ii) Employers Liability

$500,000 Each Accident $500,000 Disease, Policy Limit $500,000 Disease, Each Employee

B. COMMERCIAL GENERAL LIABILITY (OCCURRENCE FORM):

(i) Combined Bodily Injury and Property Damage: $1,000,000 Each Occurrence $1,000,000 Personal and Advertising Injury $2,000,000 General Aggregate $2,000,000 Products and Completed Operations $100,000 Fire Damage Legal Liability $10,000 Medical Expenses (ii) The following coverages must be included:

(1) Premises Operations. (2) Contractual Obligations (including the contract obligations specified in the

indemnification paragraph(s) of the Contract between Owner and Contractor). (3) The policy will be endorsed to be primary and non-contributory with any

insurance maintained by Owner, its subsidiaries, affiliates, members, directors, officers, employees and agents.

(4) Products and Completed Operations Insurance consistent with the requirements of this Paragraph B and Subparagraphs (i) and (ii) will be maintained by Contractor and all subcontractors for the duration of the applicable statute of repose in the state in which the Project is located.

(5) There can be no exclusions for subsidence, collapse, explosion or underground property damage.

(6) There can be no cross-suit exclusion, Montrose language, anti-pyramiding exclusion, or exclusion limiting coverage to damages which first begin to occur within the policy period.

(7) The limits will not be eroded or wasted by defense fees or costs. (8) The policy will include stop-loss coverage for the special indemnity

requirements of the Contract between Owner and Contractor.


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(9) The policy shall include the Contractual Liability – Railroads CG 24 17 endorsement or equivalent.

C. BUSINESS AUTO POLICY:

(i) Combined Bodily Injury and Property Damage $1,000,000 Each Accident

(ii) The following coverages must be included: (1) Owned Automobiles (2) Non-Owned and Hired Automobiles (3) Appropriate endorsements must be attached if hazardous wastes are to be

transported such as Insurance Service Office MCS 90 and CA 9948. D. EXCESS/UMBRELLA LIABILITY COVERAGE:

(i) $2,000,000 each occurrence (ii) $2,000,000 aggregate (iii) Coverage will be excess to and at least as broad as all insurance required above,

including employer’s liability, commercial general liability, and business auto. (iv) The excess/umbrella liability insurance described in this Paragraph and Subparagraphs

(i), (ii) and (iii) will be maintained by Contractor and all subcontractors for the duration of the applicable statute of repose in the state in which the Project is located.

E. MISCELLANEOUS REQUIREMENTS:

Certificates of insurance acceptable to Owner will be filed with Owner prior to commencement of the Work. These certificates and the insurance policies described in this Exhibit will contain a provision that coverages afforded under the policies will not be canceled, nonrenewed or allowed to expire until at least 30 days’ prior written notice has been given to Owner and the State of Oregon, acting by and through its Department of Transportation, from Contractor and at least 10 days prior written notice has been given to Owner from all existing insurer(s). For those insurance coverages that are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage will be submitted with the final application for payment and upon each annual renewal. Contractor must give prompt written notice to Owner (and in any event within 30 days) of (1) any claims asserted against Contractor or any subcontractor (i) in arbitration, (ii) in litigation, or (iii) that causes any insurance carrier of Contractor or any subcontractor to reserve funds, (2) any event(s) that create a material risk of erosion in Contractor’s or any subcontractor’s available limits of insurance of $500,000 or more, or (3) any actual reduction in the available limits of Contractor’s or any subcontractor’s insurance. Provisions of the certificate indicating that it is not “evidence of coverage” will be crossed out and signed by an authorized agent of the insurer. Any provision which provides that the insurer “will endeavor” to provide notice will have “endeavor” marked out and signed by any authorized agent of the insurer. Upon Owner’s request, Contractor will immediately provide an actual copy of its insurance policies.

F. SUBCONTRACTORS’ INSURANCE

Subcontractors’ insurance will meet all insurance requirements of Contractor as provided in this Exhibit, including, but not limited to, the types of insurance, extent and durations of coverages,


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and notice requirements, except that the limits of insurance for Contractor and the subcontractors will be no less than the following: (i) Workers’ Compensation and Employer’s Liability: same as above. (ii) Commercial General Liability (Occurrence Form): Combined Bodily Injury and

Property Damage: $1,000,000 Each Occurrence $1,000,000 Personal and Advertising Injury $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $100,000 Fire Damage Legal Liability $10,000 Medical Expenses Per Person

(iii) Business Auto: $1,000,000 CSL (iv) Excess/Umbrella Liability: $2,000,000 Aggregate

G. WAIVER OF SUBROGATION:

All of Contractor’s and subcontractors’ liability insurance policies, with the exception of workers’ compensation, will contain a waiver of subrogation against Owner and its subsidiaries, affiliates, members, directors, officers, employees and agents.

H. ADDITIONAL INSURANCE REQUIREMENTS:

All of Contractor’s and Contractor’s subcontractors’ liability insurance policies (except those for workers’ compensation) will be endorsed to name Owner and its affiliates, subsidiaries, directors, managers, officers, employees and agents as additional insureds (using ISO endorsement CG 20 10 07 04 and CG 20 37 04 13 or equivalent for Owner and CG 20 10 07 04 and CG 20 37 07 104 for State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees). The coverage under the additional insured endorsement will (i) be primary and noncontributory with respect to any insurance of the additional insureds, (ii) provide the same coverages and limits to the additional insured as are afforded to the primary insured as required by this Exhibit, and will not be limited to vicarious liability, (iii) not be limited to on-going operations, (iv) be maintained for the same durations as the coverages afforded to the primary insured as required by this Exhibit and blanket endorsements will not be acceptable. The following additional persons or entities will be expressly named as additional insureds: State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees.

EXHIBIT F Page 1 of 5

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EXHIBIT F

FORMS OF PAYMENT AND PERFORMANCE BONDS


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PERFORMANCE BOND

(Bond No. __________) KNOW ALL MEN BY THESE PRESENTS, that the undersigned, ________________ __________________ as Principal and _________________________ as Surety, a corporation organized and existing under the laws of the state of Oregon, are held and bound unto Oregon International Port of Coos Bay and State of Oregon, acting by and through its Oregon Department of Transportation and their heirs, executers, administrators, and assigns as Obligees, in the penal sum of _______________ Dollars ($_______________), lawful money of the United States of America, for the payment of which Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Principal has entered into a ConsensusDocs 200 Standard Agreement and General Conditions Between Owner and Constructor (“Contract”) dated _______, 2022 with the Oregon International Port of Coos Bay for the Steel Bridges Repairs (“Project”), which Contract is made a part hereof as if fully incorporated herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if Principal shall faithfully, punctually and completely perform and abide with the covenants, terms, conditions and provisions of said Contract and any extensions thereof in all respects and within the time prescribed therein, including, but not limited to, the terms of any warranty and guarantee required under the said Contract; shall pay all laborers, mechanics, subcontractors, material and equipment suppliers and all persons supplying to Principal or its subcontractors and suppliers at any tier labor, materials, supplies or equipment for the prosecution of the work or any part thereof; shall fully defend, indemnify and hold Obligees harmless from all cost and damage that Obligees may suffer by reason of Principal’s failure to do so; and shall in all respects perform said Contract according to applicable law, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. Surety acknowledges that Obligees do not owe any duty to Surety to advise, notify or consult with Surety on any matters relating to the Principal or the Project, including, but not limited to, Principal’s payments to subcontractors or Principal’s use of Project funds. No prepayment or delay in payment and no change, extension, assignment, addition or alteration of any provision of said Contract and no forbearance on the part of Obligees shall operate to relieve Surety from liability on this bond, and Surety hereby consents to any such changes, extensions, additions and alterations without further notice to or consent by Surety. In the event arbitration, litigation or any other proceeding is brought upon this bond by Obligees and judgment or award is entered in Obligees’ favor, Surety shall pay all of Obligees’ costs’ incurred in such arbitration, litigation or other proceeding, including any attorney and expert witness fees. In the event there is an arbitration clause in said Contract, Surety agrees to participate in and to be bound by any such arbitration to the same extent Principal is bound.


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No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligees or their heirs, executors, administrators, successors or assigns. Executed this _____ day of ______________, 2022.

__________________________________________ PRINCIPAL __________________________________________ Title __________________________________________ Address __________________________________________ SURETY __________________________________________ Title __________________________________________ Address COUNTERSIGNED: __________________________________________ Resident Agent __________________________________________ Address


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PAYMENT BOND

(Bond No. __________) KNOW ALL MEN BY THESE PRESENTS, that the undersigned, ________________ __________________ as Principal and __________________________________ as Surety, a corporation organized and existing under the laws of the state of _______________, are held and bound unto Oregon International Port of Coos Bay and State of Oregon, acting by and through its Oregon Department of Transportation and their heirs, executers, administrators, and assigns as Obligees, for the use and benefit of all persons or entities that provide labor, materials, equipment or supplies for use under the Contract described below, in the penal sum of__________________ Dollars ($__________), lawful money of the United States of America, for the payment of which Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Principal has entered into a ConsensusDocs 200 Standard Agreement and General Conditions Between Owner and Constructor (“Contract”) dated _______, 2022 with the Oregon International Port of Coos Bay for the Steel Bridges Repairs (“Project”), which Contract is made a part hereof as if fully incorporated herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if Principal shall promptly make payment to all persons or entities that provide labor, material, equipment or supplies for use under said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. Surety acknowledges that Obligees do not owe any duty to Surety to advise, notify or consult with Surety on any matters relating to the Principal or the Project, including, but not limited to, Principal’s payments to subcontractors or Principal’s use of Project funds. Principal and Surety hereby jointly and severally agree that any person or entity that provides labor, material, equipment or supplies for use under said Contract and has not been paid in full may sue on this bond for the use of such person or entity, prosecute the suit to final judgment for such sums as may be justly due and owing claimant and have execution thereon. Obligees shall not be liable for the payment of any damages, costs or expenses (including attorney fees) awarded in any such suit. No prepayment or delay in payment and no change, extension, assignment, addition or alteration of any provision of said Contract and no forbearance on the part of Obligees shall operate to relieve Surety from liability on this bond, and Surety hereby consents to any such changes, extensions, additions and alterations without further notice to or consent by Surety. In the event arbitration, litigation or any other proceeding is brought upon this bond by Obligee and judgment or award is entered in Obligees’ favor, Surety shall pay all of Obligees’ costs incurred in such arbitration, litigation or other proceeding, including any attorney and expert witness fees.


110852101.1 0068323-00003

Except as expressly provided above, no right of action shall accrue on this bond to or for the use of any person or corporation other than Obligees or their heirs, executors, administrators, successors or assigns. Executed this _____ day of ______________, 2022.

__________________________________________ PRINCIPAL __________________________________________ Title __________________________________________ Address __________________________________________ SURETY __________________________________________ Title __________________________________________ Address COUNTERSIGNED: __________________________________________ Resident Agent __________________________________________ Address

Date post:	19-Mar-2023
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