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GT Excavating ~ CP13003 C�p �3 oC ATTACHMENT B CITY OF TIGARD, OREGON PUBLIC IMPROVEMENT CONTRACT - PWR COVERED PROJECT 103m AVENUE STORM DRAINAGE IMPROVEMENTS THIS CONTRACT, made and entered into this Yd day of October, 2012, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called " City" and GT Excavating, LLC, hereinafter called " Contractor" , duly authorized to perform such services in Oregon. RECITALS WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described; and WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Bid Proposal; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of the following: A. Excavation and construction of storm drainage pipes, manholes, and catch basins, Be Restoration or relocation of landscaping, fences, and mailboxes, C. Paving of trench areas and installation of drainage curb, D . Temporary signage, protection, and traffic control, and E. Performance of additional and incidental work as called for by the specifications and plans. 1. Prevailing Wage The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions Pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor, and attached hereto. If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing Wage Rate re urements the Contractor must ensure that workers will be paid the higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services, the City may pay for those labor and services and withhold these amounts from payment s that are due the Contractor in accordance with ORS 279C .515 Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in every subcontract to this Agreement that the subcontractor file a public works bond with the Page 13 Construction Contractors Board in the amount of $30,000 prior to starting work on this project unless otherwise exempt. For contracts $50,000 or greater, the City shall pay a fee equal to one-tenth of one percent (. 001 ) of the price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the first progress payment or sixty (60) days from the date work first began, whichever comes first. I Pre-Construction Conference Contractor and listed subcontractors shall attend and participate in any pre-construction conferences described or listed in the general conditions before any work is started on the project site. 4. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement, in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract documents include the documents with the following tides that are bound in the solicitation documents and the standard documents comprised of the Oregon Standard Specification for Construction, 2008, Volume 1 and Volume 2. Solicitation Documents Advertisement for Bids Bidding Requirements and Procedures Award and Execution of Contract Proposal Acknowledgement of Addenda Bid Certifications — Non-Discrimination Clause First Tier Subcontract Disclosure Form Bid Bond Form Public Improvement Contract Performance Bond Payment Bond Supplementary General Conditions Special Provisions Drawings Standard Documents General Conditions (Oregon Standard Specification for Construction, 2008, Volume 1 as amended by the Special Provisions) Standard Specifications (Oregon Standard Specification for Construction, 2008, Volume 2 as amended by Technical Specifications) City of Tigard Public Improvement Design Standards 5. City' s Representative For purposes hereof, the City's authorized representative will be Mike McCarthy, P.E. , Senior Project Engineer, who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon 97223; by telephone: (503) 718-2462, or via email at mike�gard-or.gov. 6. Contractor' s Representative For purpose hereof, the Contractor's authorized representative will be Grady Johnson who can be reached by mail at 10333 Wiseacre Lane NE, Aurora Oregon 97002, by phone at (503) 310-5442, or by email at girady(a�,gtexc,_ avating. com. Page 14 7. Contractor Identification Contractor shall furnish to the City the Contractor's employer identification number, as designated by the Internal Revenue Service, or Contractor' s social security number, as City deems applicable. 8. Compensation A. Progress Payments: City agrees to pay Contractor Seventy Thousand Four Hundred Forty- Eight and No/ 100 Dollars ($74,448. 00) for performance of those services provided hereunder, which payment shall be based upon the following applicable terms : The City will pay only for measured Pay Item quantities incorporated into the Work or performed according to the terms of the Agreement. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment. Payment constitutes full compensation to the Contractor for 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 or from the action of the elements, subject to the provisions of 00170. 80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. When the specifications state that the unit price for a Pay Item is compensation for certain materials or work essential or incidental to the Pay Item, the same materials or work will not be measured or paid under any other Pay Item. Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd, Tigard, Oregon 97223, a statement of services rendered, indicating the description of each service used in the proposal and the dollar amount of each service completed through the state date, together with a request for payment duly verified by the Contractor's Representative and copies of certified payroll statements . Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. The City shall retain the right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25% of any progress payment amounts owed to Contractor if Contractor has failed to file certified statements with the City. Be Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS 279C . 555, shall be made to the Contractor within twenty (20) days of the City's receipt of the statement of services . The Contractor agrees that the "Time of Completion" is defined in the Bid Proposal, and agrees to complete the work by said date. The Contractor and City agree that the City will suffer damages each day the work remains uncompleted after the Time of Page 15 Completion and that the amount of those damages are difficult to calculate. Contractor and City agree that a reasonable amount of damages for late completion is $500.00 per day and Contractor agrees to pay damages in that amount if the work is not completed by the Time of Completion. co Final Payment: The Contractor shall notify the City in writing when the Contractor considers the project complete, and the City shall, within 15 days after receiving the written notice, either accept the work or notify the Contractor of work yet to be performed on the contract. Upon acceptance by the City, the entire balance due to the Contractor, including the retained percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final acceptance. The City shall pay to the Contractor interest at the rate of one and one-half percent per month on the final payment due the Contractor, to commence 30 days after the work under the Contract has been completed and accepted and to run until the date when final payment is tendered to the Contractor. If the City does not, within 15 days after receiving written notice of completion, notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run 30 days after the end of the 15-day period. As a further conditions of final acceptance, the City may require the Contractor to submit evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness connected with the project have been paid, except that in case of any disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 9. Status Of Contractor As Independent Contractor Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent Contractor as defined by ORS 670. 600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. Be The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. C. If this payment is to be charged against Federal funds, Contractor certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Page 16 D. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. E. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265 . 10. Subcontracts - Assignment & Delegation Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully responsible for the acts or omissions of any Subcontractors and of all persons employed by them, and neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to create any contractual relation between the Subcontractor and City. This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon the City and the Contractor respectively and their legal representatives . Contractor shall not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the written consent of City, and any assignment or delegation in violation hereof shall be void. Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid not less that the PWR Law specified minimum wage. 11 . Contractor - Payment of Benefits - Hours of Work A. The Contractor shall: 1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in this contract; 2) Pay all contributions or amounts due the under the Industrial Accident Fund form the Contractor or subcontractor incurred in the performance of this Agreement; 3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316. 167 . 4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on account of any labor or material furnished; B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's Surety shall file certified statements with the City in writing in form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the Subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the applicable prevailing rate of wage, which certificate and statement shall be verified by the oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor' s or Subcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records for the prior week, including the same and address of each worker, the worker's correct Page 17 classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. 2) Each certified statement required herein shall be delivered or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries . Certified statements shall be submitted as follows: a) Each Contractor or Subcontractor shall preserve certified statements for a period of three years from the date of completion of the contract. Co The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with this contract as such claim becomes due, the proper office of the City of Tigard may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the Contractor by reason of such contract. Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from obligation with respect to any unpaid claims. D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the City deems it in the best interest of the public or policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least time and a half pay for the following: 1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540. E. The Contractor agrees to provide a written schedule to all employees showing the number of hours per day and days per week the employee may be required to work. F. No City employee shall be required to work overtime or on a Saturday, Sunday= or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel rules or union agreement. The Contractor shall require every subcontractor to comply with this requirement. G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within 30 days after receipt of payment form the City or from the Contractor to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest commending at the end of the 10 day period that the payment is due under ORS 279C. 580, unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS 279C.515 (2) . If the Contractor or any subcontractor fails, neglects, or refuses to pay a person furnishing labor or material, the person may file a complaint with the Construction Contractors Board, unless the payment is subject to a good faith dispute as defined in ORS 279C. 580. Page 18 H. Contractor shall include a clause in each contact with a subcontractor a requirement that the contractor pay the subcontractor for satisfactory performance within 10 days of receipt of payment from the City for the work. Contractor shall include in contracts with subcontractors an interest provision for such payments in compliance with ORS 279C .580. Contractor shall include a clause in each contract with a subcontractor requiring the subcontractor to meet the same payment and interest standards as required by ORS 279C.580 (4) . 12. Drug Testing Program ORS 279C. 505 requires that all public improvement contracts contain a provision requiring contractors to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a drug-testing program is in place by signing of the contact. The drug testing program will apply to all employees and will be maintained for the duration of the Contract awarded. Failure to maintain a program shall constitute a material breach of contract. Do Contractor' s Eml2loyee Medical Payments Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Contractor' s employees, all sums which the Contractor agreed to pay for such services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for such service as referenced in ORS 279C.530. 14. Early Termination A. This agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute; or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C. 660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. CO Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 15. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, Page 19 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed, or 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b) , Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 16. Access to Records City shall have access to such book, documents, papers and records of Contractor as are directly- pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. 17. Work is Property of City All work performed by Contractor under this Agreement shall be the property of the City. 18. Adherence to Law A. Contractor shall adhere to all applicable laws governing its relationship with its employees, including but not limited to laws, rules, regulations, and policies concerning workers' compensation, and minimum and prevailing wage requirements. B. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141 , Section 503 of the Vocational Rehabilitation Act of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to the Acts. Page 20 co As provided by ORS 2790, 525, all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable extension, if necessary, of the contract time, a reasonable adjustment in the contract price, if necessary, to compensate the Contractor for all costs and expenses incurred, including overhead and profits, as a result of the delay or additional work. Pursuant to ORS 279C.525 (1) , the following list identifies Governmental Agencies of which the City has knowledge that have enacted Environmental Laws which may affect the performance of the work: FEDERAL AGENCIES i' Agriculture • Department of Forest Service • Soil Conservation Service Defense • Department of Army Corps of Engineers Y Energy • Department of Federal Energy Regulatory Commission i' Environmental Protection Agency ➢ Department of Health and Human Services i' Housing and Urban Development • Department of Solar Energy Conservation Bank Y Interior, Department of • Bureau of Sports Fisheries and Wildlife • Bureau of Outdoor Recreation • Bureau of Land Management • Bureau of Mines • Bureau of Indian Affairs • Bureau of Reclamation • Geological Survey • Minerals Management Service r Labor, Department of • Mine Safety and Health Administration • Occupational Safety and Health Administration ➢ Transportation, Department of • Coast Guard • Federal Highway Administration Water Resources Council Page 21 STATE AGENCIES Administrative Services, Department of Y Agriculture, Department of Y Columbia River Gorge Commission i' Consumer & Business Services, Department of Oregon Occupational Safety & Health i> Division Y Energy, Department of ➢ Environmental Quality, Department of ➢ Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of ➢ Human Resources, Department of Y Land Conservation and Development Commission Parks and Recreation, Department of ➢ Soil and Water Conservation Commission r State Engineer y State Land Board i> Water Resources Board LOCAL AGENCIES ➢ City Council ➢ County Court Y County Commissioners, Board of ➢ Port Districts )�o Metropolitan Services Districts County Service Districts ➢ Sanitary Districts S' Water Districts Fire Protection Districts 19. Changes City may at any time, and without notice, issue a written Change Order requiring additional work within the general scope of this Contract, or any amendment thereto, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement, no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City, which expressly states that it constitutes a Change Order to this Contract. The issuance of information, advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract, as changed. 20. Force Majeure Neither City not Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, Page 22 specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. G. Independent Contractor Status: The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. H. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's coverage will be primary in the event of a loss . L Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Attn: Contracting Office 13125 SW Hall Blvd Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 28. Method and Place of Giving Notice, Submitting Bills and Making Payments All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows : CITY OF TIGARD GT EXCAVATING FIENEE Attn: Mike McCarthy, P .E., Sr Proj Engineer Mtn: Grady Johnson Address : 13125 SW Hall Blvd Address: 10333 Wiseacre Lane Tigard, Oregon 97223 Aurora, Oregon 97002 Phone: (503) 718-2462 Phone: (503) 310-5442 Fax: (503) 624-0752 Fax: (503) 678-7832 Email: mikem(a?tigar, dor. ;ov Email: grady, texcavating. com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 29. Hazardous Materials Contractor shall supply City with a list of any and all hazardous substances used in performance of this Agreement. That list shall identify the location of storage and use of all such hazardous substances and Page 25 identify the amounts stored and used at each location. Contractor shall provide City with material safety data sheets for all hazardous substances brought onto City property, created on City property or delivered to City pursuant to this Agreement. For the purpose of this section, "hazardous substance" means hazardous substance as defined by ORS 453 .307 (5) . Contractor shall complete the State Fire Marshall's hazardous substance surrey as required by ORS 453.317 and shall assist City to complete any such survey that it may be required to complete because of substances used in the performance of this Agreement. 30. Hazardous Waste If, as a result of performance of this Agreement, Contractor generates any hazardous wastes, Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal and state requirements . Contractors shall provide City with documentation, including all required manifests, demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of hazardous materials. 31 . Severability w In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 32. Demolition — Salvage and Recycling As required by ORS 279C. 510, Contractor shall salvage or recycle any construction and demolition debris if feasible and cost-effective. 33 . Complete Agreement This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties . Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions . IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. CITY OF TIGARD GT XCAVATING A) Signature Signature Z4 Lx, Printed Name & Title Printed Name & Title ZZ 07 -7 L Date Date Page 26 ATTACHMENT C CITY OF TIGARD, OREGON PUBLIC IMPROVEMENT CONTRACT - PERFORMANCE BOND Bond Number: 71334019 Project Name: 103RD Avenue Storm Drainage Improvements Western Surety Company (Surety # 1) Bond Amount No. 1 : $ 74r448 . 00 (Surety #2)* Bond Amount No. 2:* $ * If using multiple sureties Total Penal Sum of Bond: $ 4 448 . 00 We, GT Excavating , LLC as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) Seventy Four thousand four hundred forty eight dollars & no / 100 * * * * * * * * (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety) , and WHEREAS, the Principal has, entered into a contract with the City of Tigard, the plans, specifications, terms, and conditions of which are cotained in the above-referenced project solicitation; WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or not attached to the contract (all hereafter called "Contract") ; and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by the Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the principal herein shall faithfully and truly observe and comply with the terms of the contract and performs the contract within the time prescribed by the contract, then this obligation is null and void; otherwise it shall remain in full force and effect. If the contractor is declared by City to be in default under the contract, the surety shall promptly remedy the default, perform all of contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the contract. This obligation jointly and severally binds the contractor and surety and their respected heirs, executors, administrators, and successors . Nonpayment of the bond premium shall not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums . This bond is executed for the purpose of complying with ORS 279C and the Tigard Public Contracting Rules, the provisions of which are incorporated herein and made a part hereof. Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications . IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES . Dated this 10th day of October 2012 PRINCIPAL: GT Excavating , LLC X�J-p A� Signature Printed Name & Title Attest: SURETY: Western Surety Company (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Power of-Attorng, must accompany each surety bona Lisa Steele ame 1 11a Signature 101 S Reid St Ste 300 Address Sioux Falls SD 57103 City State Zip 800 - 331 - 6053 605 - 335 - 0357 Phone Fax Page 28 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Susan Frainey, Donna Christensen, Lisa Steele, Janelle Markovich, Kari Motley, Sara Sophie Sellin, Stefanie Blaesing, Individually of Portland, OR, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of August, 2012. 06UHM1 WESTERN SURETY COMPANY ,." ¢?5.............�o pPORq ';';'s r;s S ;fit aul T. Bruflat, Vice President State of South Dakota l JT County of Minnehaha ss On this 14th day of August, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i J. MOHR i June 23, 201 $ f SEAL NOTARY PUBLIC SEAL i X SOUTH DAKOTA s S } 4ahMs4sF44hS4�,h4h�Ns4ShM•,h} CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation prknted on the reverse/hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this lU day of Ck02) �,p� guRETy'4" WESTERN SURETY COMPANY 44 o t'• va Z g* f APs c Doom L. Nelson, Assistant Secretary Form F4280-7-2012 ATTACHMENT D CITY OF TIGARD, OREGON PUBLIC IMPROVEMENT CONTRACT - PAYMENT BOND Bond Number: 71334019 Project Name: 103RD Avenue Storm Drainage Improvements Western Surety Company (Surety # 1 ) Bond Amount No. 1 : $ 74 , 448 . 00 (Surety #2)* Bond Amount No . 2:* $ * If using multiple sureties Total Penal Sum of Bond: $ 74 , 448 . 00 We, GT Excavating , LLC as Principal, and the above identified Surety(ies) , authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) Seventy Four thousand four hundred forty eight dollars & no / 100 * * * * * * * * (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety) , and WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications, terms, and conditions of which are contained in above-referenced project solicitation; WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment bond by reference, whether or not attached to the contract (all hereafter called "Contract") ; and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract, or constitute authorized extensions of time for performance fo the Contract, notice of any such modifications hereby being waived by the Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said Contract and any duly authorized modifications that are made, upon the terms set forth therein, and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the City of Tigard its officers, agents, and employees against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316 . 167, and shall permit no lien nor claim to be filed or prosecuted against the City on account of any labor or materials furnished; and shall do all things required of the Principal by the laws of the State of Oregon, then this obligation shall be void; otherwise, it shall remain in full force and effect. Page 29 Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting Rules, the provisions of which are incorporated into this bond and made a part hereof. IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES . Dated this 10th day of October , 2012 PRINCIPAL: GT Excavating , LLC Signature // 611 / � �'� © / / � � � I / G� / ' �' • In e Printed Name & Title Attest: SUREJY• Western Surety Company (Add signatures for each surety if using maaltiple bonds) BY ATTORNEY-IN-FACT: (Power of-Attorney must accompany each surety bona Lisa Steele ame Signature 101 S Reid St Ste 300 Address Sioux Falls SD 57103 City State Zip 800 - 331 - 6053 605 - 335 - 0357 Phone Fax Page 30 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Susan Frainey, Donna Christensen, Lisa Steele, Janelle Markovich , Kari Motley, Sara Sophie Sellin, Stefanie Blaesing, Individually of Portland, OR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of August, 2012. ?? casASURET WESTERN SURETY COMPANY PpOgq cod _aro i'.•e'_ filing" DNN aul T. Bruflat, Vice President State of South Dakota 1 JT County of Minnehaha ss On this 14th day of August, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i J . MOHR i s NOTARY PUBLIC �--'� f June 23, 2015 SEAL SEAL s SOUTH DAKOTA s CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverses hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of f' , \\\\N1111MI c�.\°S�►REry�yy WESTERN SURETY COMPANY 3sIIQ'�Q,P Oqq j�'le� IN Wl4 lNi Di WINNunN Form F4280-7-2012 L. Nelson, assistant Secretary ATTACHMENT E SUPPLEMENTARY GENERAL CONDITIONS CITY OF TIGARD 103`d AVENUE STORM DRAINAGE IMPROVEMENTS The following provisions supplement and amend the General Conditions (defined in the Agreement) . Section 00120, Bidding Requirements and Procedures -- Note that this section has been modified earlier in these bid documents Section 00130, Award and Execution of Contract — Note that this section has been modified earlier in these bid documents Section 00150. 10 (a) Order of Precedence Delete -- Delete the entire subsection and replace it with the words "(a) subsection not used." Section 00150.40(a) Cooperation and Superintendence by the Contractor, General -- Add the words, "within the limitations in Oregon Law regarding public records." to the end of the sentence in bullet item 7. Section 00160.10 Ordering, Producing and Furnishing Materials -- Delete the last two sentences in the opening paragraph. Section 160.10(b) Approval of Quantity of Materials Ordered -- Delete the sentence, "Therefore, the Contractor is cautioned to order or produce Materials only after having received the approval of the Engineer. " Delete the sentence, "Excess Materials, ordered or produced by the Contractor, without approval of the Engineer, may be purchased by the Agency at the sole discretion of the Agency. (see 00195 . 80)" Section 165 . 03 Testing by Agency -- Delete the words "its central laboratory, field laboratories, or other" from the first sentence. Section 170.10(d) Agency's Payment of the Contractor's Prompt Payment Obligations -- change the word "ODOT" to "Agency". Section 170.70, Insurance -- Delete entire section. Section 170 .72 Indemnity/Hold Harmless -- Delete entire section. Section 170. 94 Use of Explosives -- Change the first sentence to read, "The Contractor shall obtain the Engineer's approval and shall comply with all Laws pertaining to the use of explosives ." Section 180.20(a) Subcontracting Limitations, General -- Delete the first sentence. Section 180.22 Payments to Subcontractors and Agents of the Contractor -- Delete the second paragraph . Section 180.31 (b) (1) Reason for Substitution -- Add the following word to the beginning of the first bullet: "In the judgment of the Engineer". Section 180.50(c) Beginning of Contract Time -- change the paragraph to read, "When the Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin with the first Calendar Day following the date of the Notice to Proceed." Page 31 Section 195 .10 Payment for Changes in Materials Costs, Delete entire section. Section 195 .12 Steel Material Price Escalation/De-Escalation Clause -- Delete entire section. Section 195 .50(a) (2) Value of Materials on Hand -- Delete paragraph. Section 195 .50(b) Retainage: Change the first paragraph to read. "The amount to be retained from progress payments will be 5% of the value of Work accomplished, and will be retained in one of the forms specified in Subsection (c) below. Section 195 . 60 Advance Allowance for Materials on Hand: Delete entire section. Section 195 . 80 Allowance for Materials Left on Hand: Delete entire section. Section 199 .40 Claims Decision Review, Delete entire section. Page 32 ATTACHMENT F SPECIAL PROVISIONS CITY OF TIGARD 103`d AVENUE STORM DRAINAGE IMPROVEMENTS The Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer. Michael D . McCarthy, P.E. WORK TO BE DONE The Work to be done under this Contract consists of constructing storm drainage improvements shown on plans entitled: CITY OF TIGARD OREGON 103RDAVE Storm Drain Improvements Dated September 27, 2012, Cover page through page 7 APPLICABLE SPECIFICATIONS The Specification that is applicable to the Work on this Project is the 2008 edition of the " Oregon Standard Specifications for Construction" . All work shall be in accordance with these specifications except where specifically modified in this document. For this project, when the specification says `Agency' it may typically be understood to mean `City' in project-specific cases, but may refer to the Oregon Department of Transportation, especially in cases of standards and testing. All number references in these Special Provisions shall be understood to refer to the sections and subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and to sections and subsections contained in these Special Provisions in their entirety. Page 33 Section 00120 — Bidding Requirements and Procedures Note that this section has been modified earlier in these bid documents Section 00130 — Award and Execution of Contract Note that this section has been modified earlier in these bid documents Section 00150 — Control of Work 00150.15 Construction Stakes, Lines, and Grades : (c) Contractor Responsibilities Add the following bulleted item to the end of this paragraph: • The Contractor shall examine the stakes before commencing work. Where the validity of a stake (s) is questioned, promptly notify the Engineer to check such stake (s) before proceeding. 00150. 40 Cooperation and Superintendence by the Contractor: a) General - Add the following to the 1 " bulleted item: • Mark plans as the work progresses to show all revisions and the actual locations of existing utilities . Contract Documents shall be available for inspection by the Engineer. Upon completion of the contract and prior to final payment, the noted revisions and mark ups shall be turned over to the Engineer. 00150 . 50 Cooperation with Utilities - Add the following: (f) Utility Information: The locations of facilities shown on the plans were derived from the best information available. It shall be the responsibility of the Contractor to verify the existence and exact locations of all utility facilities prior to construction. Any existing facilities damaged by the Contractor's operations shall be restored or replaced to an equal or better condition (in the judgment of the engineer and/or utility) at the expense of the Contractor. Contractor shall pothole all potential conflicts ahead of actual construction and report exact location and elevation of utility crossings or other conflicts to the engineer prior to construction. Potential conflicts may be shown in these bid documents, marked (such as by utility locates) on the site, as directed by the inspector, or anywhere else a contractor could reasonably anticipate a conflict. For utility locate markings, the Contractor shall notify Utility Notification Center at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or any other work close to any Page 34 underground pipeline, conduit, duct, wire or other structures. The Contractor shall be solely responsible for maintaining utility locate markings until project construction is complete. The Contractor shall also notify all utilities that may be affected by the construction operation at least 48 hours in advance that their services will be affected by the work and make reasonable accommodations (in the judgment of the engineer) for the operation of these utilities. I The following information is included for the Contractor's convenience: Utility Notification Center 503-246-6699 or 800-332-2344 Lfihiy AAen y Contact Phone Water City of Tigard John Goodrich 503-718-2596 24-hour 503 -639- 1554 Sanitary Sewer City of Tigard Rob Block 503-718-2607 Storm Sewer City of Tigard Rob Block 503-718-2607 Power PGE 24-hour 503-464-7777 Damage & Repair 503-736-5662 Tiffany Ritchey 503-764-6935 Carl Krutka 503-849-6746 Cable Comcast Ivan Chandler 503- 849-4738 Ken Parris 503-969-8662 Damage & Repair 503-617- 1212 Telephone Frontier 24-hour 1 - 877-462- 8188 Andrew Mulick 503-526-3544 Gas NW Natural Bob Keller 503-816-0299 Damage & Repair 503-226-4211 Some areas of excavation are close to existing gas lines . The contractor must notify the appropriate representative of NW Natural at least 72 hours prior to any excavation that may affect NW Natural facilities and comply with all conditions stipulated by NW Natural. Page 35 Section 00170 — Legal Relations and Responsibilities 00170. 80 (a) - Responsibility for Damage in General — Add the following: 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 City. Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. 00170.82 Responsibility for Damage to Property and Facilities — Add the following: The Contractor shall provide adequate protection for property, trees, landscaping, and other items adjacent to the work area. Existing trees, property, shrubs, plants, or other items that are not to be removed but are injured or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense. The contractor is responsible for ensuring that storm drainage flows properly through the project area throughout the project and ensuring that storm drainage water does not damage public and/or private facilities and/or property during the project. This includes providing temporary connections and facilities to accommodate potential rainfall. The contractor is responsible for repairing or restoring any property or facilities damaged due to inadequate temporary drainage facilities . Section 00180 - Prosecution and Progress 00180.41 Project Work Schedules - Add the following: A Type A schedule as detailed in the specifications is required. 00180.50 Contract Time — Add the following: Work to be done under this project must be substantially complete by the end of the day on November 15, 2012. All punch list items and cleanup must be complete by November 30, 2012 . Some rainy weather is to be expected this time of year, so bad weather does not constitute a valid reason for a time extension, unless the engineer finds that the weather has been significantly worse for construction than normal weather Patterns . 00180. 85 Failure to Complete On Time; Liquidated Damages The liquidated damages for failure to complete the work on time required by 00180 . 50 (h) is $ 500 per calendar day. Page 36 Section 00220 — Accommodations for Public Traffic 00220 . 02 Public Safety and Mobility Add the following bulleted items to the end of this subsection: ■ Traffic signs shall be removed promptly when no longer in effect. ■ No material or equipment shall be stored where it could interfere with the free and safe passage of public traffic (including drivers, pedestrians, cyclists, and all others) . ■ Convenient access to driveways, houses, and buildings shall be maintained or temporary approaches shall be provided and kept in good condition. Accesses to private properties must be kept open as much as possible (in the judgment of the engineer) . ■ Trench excavation and backfill shall be conducted in a manner as to provide a reasonably smooth and even surface satisfactory (in the judgment of the engineer) for use by public traffic at all times . ■ Safe passage for pedestrians shall be maintained through the project area at all times . Pedestrians and all others shall be protected from moving equipment, open trenches, falling objects, and all other hazards associated with construction . ■ The Contractor shall notify residents and businesses 72 hours in advance that their access to and from public streets will be affected by the work. The City will supply the notification forms to be distributed. ■ 103`d Avenue may be closed to through traffic during active construction, but must be reopened to traffic at the end of each workday. Work areas shall be backfilled or covered in a manner suitable for public traffic at the end of each workday. It is the contractor's responsibility to ensure that conditions remain safe and adequate for traffic throughout the project, especially when crews are not actively working. ■ Prior to implementing any lane closures, contractor must obtain city approval of a detailed traffic control plan and have all elements of that plan (signs, detours, flaggers, etc.) in place before taking any actions that would affect traffic flow. ■ Do not place work zone signs or supports that will block existing walkways or bikeways. ■ The engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any time if, in their judgment, such action is necessary to reduce excessive delays and/or protect public safety. ■ The Contractor shall notify the applicable following agencies and organizations a least five (5) working days in advance that their services will be affected by the work, including lane/road closures or other restrictions which could cause delay to emergency, delivery or transit Page 37 vehicles. The information below is provided for the contractor's convenience; it is the contractor's responsibility to make sure each entity is properly notified. o Emergency Services 911 o City of Tigard Police Department (Non-Emergency) 503-629-0111 o Tualatin Valley Fire & Rescue Gerry Renfro) 503-612-7000 o United States Post Office (Non-Emergency Services) 503-968-0753 0 or 503-968-2991 o United States Post Office (Emergency Services) 866-261 -6412 o Tigard-Tualatin School District Gean Devenport) 503-431 -4046 o First Student Goanne Kirkbride) 503-431 -2345 o Tri-Met — Road Operations 503-962-8117 o Pride Disposal (Lottie Schmidt) 503-625-6177 Est 129 00220.40 (e) Lane Restrictions - Replace the paragraph that begins "Do not close any. . . " with the following paragraph: Prior to implementing any lane closures, contractor must obtain city approval of a detailed traffic control plan and have all elements of that plan (signs, flaggers, etc.) in place before taking any actions that would affect traffic flow. Section 00240 — Temporary Drainage Facilities 00240 .40 General — Add the following: The contractor is responsible for ensuring that storm drainage flows properly through the project area throughout the project and ensuring that storm drainage water does not damage public and/or private facilities and/or property during the project. This includes providing temporary connections and facilities to accommodate potential rainfall. The contractor is responsible for repairing or restoring any property or facilities damaged due to inadequate temporary drainage facilities . 00240. 90 Payment — Delete this subsection; This work is considered incidental to other project work. Section 00290 — Environmental Protection 00290 .32 Noise Control - Add the following to the end of the first paragraph of this subsection: Confine operation of equipment to 7 :30 a.m. through sunset. Monday through Friday. The engineer may allow weekend work if he finds it in the public interest to do so. Section 00405 — Trench Excavation, Bedding, and Backfill 00405 . 41 Trench Excavation - Add the following: Page 38 (a) Within Paved Areas to Be Preserved — While trench excavation is not anticipated to encounter any tree roots, preserve and protect any roots 2" in diameter or larger. (b) Open Trench Limit — Replace paragraph with the following: No trenches shall be left open overnight without protective measures . All trenches shall be backfilled and covered with cold mix or covered with secured steel plates (with cold mix transitions) at the end of each working day in a manner that remains safe for the traveling public until work resumes . Permanent trench paving shall be constructed as soon as possible after work in the trench has been completed. (g) Existing Abandoned Facilities - Add the following: The plans show locations where existing storm drainage pipe is to be removed. When removing pipe, use care to locate any existing roof drains or other connections to this pipe and reconnect these to the new storm drainage pipe. The plans also show locations where existing pipe is to be abandoned in place. In these locations , the pipe is to be filled with low-strength concrete and plugged at both ends . Section 00445 — Sanitary, Storm, Culvert, Siphon, and Irrigation Pipe 00445 . 11 Materials — Add the following: The following materials are onsite or stored nearby, and are intended to be used on this project: Manhole #3 - a 4' base section, 36" cone, 7" casting and 2" riser ring. Contractor to furnish a 2" riser ring if required. Manhole #4 - a 7' base section and 3" casting. Contractor to furnish an 18" cone; and modify the base by plugging the opening that is 3 . 5 ' above the i. e. "out"; and cutting out an opening to fit the i. e. "in" . Catch Basin #5 — a 4' base, 6" top and 4" riser. Catch Basin #6 — a 4' base and 6" top . Contractor to furnish a 24" riser section and cut it for the 12" existing pipe "in" . Catch Basin #7 — a 4' base and 6" 3 -sided top. Contractor to furnish a 24" riser section a 6" riser section; and pour the curb side of the top with a leaf drop per CWS Drawing 310 . Precast materials were supplied by Advantage Precast, 503 -390-2048 . They told city staff by phone that they don't make an 18" cone . It appears that Hansen Pipe & Precast does, 503 -285-8391 . Complete pothole excavations before ordering materials. There are 4 full sections of 15" pipe the contractor may use. Page 39 Contractor shall use these materials in completing the project. However, if the Engineer agrees that certain materials are not suitable for use on the project, contractor shall order new materials for those specific items and payment will be made in accordance with the alternate bid items for those specific new materials . 00445 . 11(e) Tracer Wire - Replace paragraph with the following: No tracer wire is required. 00445 .40 (f) Installation of . . . . .Tees - Add the following: Connect existing roof drains encountered to the new pipe using an Insert-A-Tee and pipe and coupling to match the size of the existing, or 4", whichever is larger. 00445 . 74 Video Inspection of Sanitary and Storm Sewers — Add the following: Video inspection reports shall use the City's reference and numbering system for all structures, pipes, and other facilities . Obtain numbering from inspector prior to conducting video inspections . Pipe shall be flushed prior to each video inspection. 00445 . 80 Measurement - (b) Tee and Wye fittings - Replace paragraph with the following: Measurement for Insert-A-Tee, pipe, bends, coupling, and other associated materials and work shall be per each for "Connect Roof Drains" . (j) Video Inspection - Replace paragraph with the following: Video inspection (as required under section 00445 . 74) is considered incidental to the installation of new pipe, and no separate payment will be made . Section 00495 — Trench Resurfacing 00495 .40 General Construction — Add the following See plans for resurfacing requirements to be constructed in accordance with this section. 00495 . 80 Measurement and 00495 . 90 Payment Delete the subsections . This work is considered incidental to pipe installation and other bid items . 02320 Geosynthetics — Replace this section with the latest ODOT revision. Page 40 ATTACHMENT M STANDARD DETAILS CITY OF TIGARD 103`d AVENUE STORM DRAIN IMPROVEMENTS The following detail drawings apply to this project and are hereby made a part of the contract documents. All drawings incorporated into or referenced by the 103R' AVE Storm Drain Improvements dated September 27 , 2012 ATTACHMENT N OREGON PREVAILING WAGE RATES CITY OF TIGARD 103rd AVENUE STORM DRAIN IMPROVEMENTS May be downloaded from http : / /wxvw.boli. state. or.�s /Bo LI /` WHD /PWR /I?wr book. shtml .