From: Molalla Area Chamber of Commerce

Sent: Mon Mar 13 16:43:58 2017

To: Gerald Fisher

Subject: Damaged sidewalks

Importance: Normal

You had mentioned that this was an Oregon Highway form of contract, I assumed it would be Oregon Standards and the Standard Manual used in the contract as the specifications for work. I could be wrong. Let me know.

I thought to review the Oregon Standard manual 2015, for it has been several years since I was active in the trade. It appears that most of the sections I have reviewed, are familiar.

You mentioned the contractor had maintained watch on the project until dark, I was not familiar with concrete that was light sensitive. I say this as humor. The requirement, is to protect it until cured, it might take some time in cool weather. One of the definitions declares it to be necessary to protect some forms of concrete for 7 days. It also should protected from rain or cold weather, heat or other environmentally described conditions. I believe that the damaged concrete does not meet the intentions of the contract, and that the contractor failed to protect it as defined in the standards. I do not wish this to be a challenge, disruptive or argumentative. It is not the City of Molalla’s responsibility to guard his work. It is clearly in the charge of the contractor to do that, even until sunrise. We may have some unruly delinquents in the community, and therefore, especially after the first damage, the contractor may have the right to request additional compensation for extraordinarily costs in guarding his work, but at no time does he have the right to submit work that is blemished, water damaged, or unsightly, and I don’t think he was entitled to more money. It’s his job!

00150.75 Protection and Maintenance of Work During Construction - The Contractor shall protect and maintain the Work during construction and until Third Notification has been issued, unless otherwise provided in the Contract. For the purposes of this Subsection, "maintenance" shall include measures to prevent deterioration of Roadway and Structures at the Project Site, and to keep them in good condition at all times during the prosecution of the Work. The Contractor shall continuously allocate sufficient Equipment and workers to achieve such maintenance. If the Contract requires the placement of a Course upon a previously constructed Course or Subgrade, the Contractor shall maintain the previous Course or Subgrade during all construction operations. The Contractor shall include costs of protecting and maintaining the Work during construction in the unit prices bid for the various Pay Items. The Contractor will not be paid an additional amount for this Work, unless otherwise specified. The Engineer will notify the Contractor of Contractor's noncompliance with this Subsection. If the Contractor fails to remedy unsatisfactory protection or maintenance within 24 hours after receipt of such notice, the Engineer may proceed to remedy the deficiency.

00170.80 Responsibility for Damage to Work: (a) Responsibility for Damage in General - The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been completed and accepted by the Agency. The Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. (b) Repair of Damage to Work - Until Final Acceptance, the Contractor shall promptly rebuild, repair, restore, and make good damages to all portions of the permanent or temporary Work, except to the extent the Agency has assumed responsibility according to the provisions of (c) below. The Contractor Shall perform all repairs of damage to Work at no additional cost to the Agency, except for repairs necessitated by damage caused by:

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

• Actions of governmental authorities.

00440. (e) Curing - Cure CGC by covering with wet burlap, canvas, sand, or other acceptable material, and keep moist for a minimum of 7 calendar days.

00755.40 Weather Limitations - Coordinate all operations involved in constructing the pavement so the work will result in a finished pavement conforming to the Specifications regardless of the daily or seasonal variations in weather, temperature and humidity under which the work is allowed to proceed. Do not place PCC during periods of rain. Do not place PCC on frozen bases. Stop placement when descending air temperature falls below 35 °F. Do not begin placement until the air temperature is 35 °F in the shade and rising and is forecast to remain above 35 °F. Protect the pavement from weather damage. Protect unhardened PCC from precipitation with protective material. When PCC is placed during cold weather and the air temperature is forecast to drop below 33 °F, prevent the concrete from freezing for a minimum of 7 days after placement. Remove and replace weather damaged pavement at no additional cost to the Agency.

00759.51 Curing - Cure and protect concrete after placing and finishing according to Section 00440. Keep the concrete structure free from contact, strain and public traffic for at least 7 calendar days or longer as directed. Do not apply curing compounds to the designated truncated dome areas of sidewalk ramps and accessible route islands.

Many times during the discussion of concrete, protect is listed..When maintenance is described it with a method or reason. Usually Cure and Protect are together, or protect until cured may be inferred.

It has nothing to do with the attitude of people in this town Gerald, or their willingness to accept poor quality, or demand that we not have unruly children. I believe it is the contract.

I know that some of the specifications are representing Highway paving, That’s ODOTs prime directive. They do however serve to provide adequate notice to the Public Works contractor that he must protect his work, from heat, rain, traffic, dust or dirt, and yes, juvenile delinquents.

Stop by, coffee is on me, your buy the pie.

Grant Sharp, Executive Director

Molalla Area Chamber of Commerce

(503) 829-6941

macc@molalla.net