Greg Schroeder Enterprises ~ CP14003 City of Tigard
is
13125 SW Hall Blvd.
CONTRACT CHANGE ORDER NO. 2/ 'Tigard,Oregon 97223
AMENDMENT SUMMARY FORM Phone 03) 4-72971
Fax- (5�3) 684-7297
.ttg atd-or.?u-
Project Title: Fanno Creek Trail: Main St- Grant Ave Project Manager: Kim McMillan
Contractor: Greg Schroeder Enterprises, Inc. Original Contract#: CP 14003
Effective Dates: December 2,2013 Chane Order/Amendment Amount: $8,321.80
Accountin String: 420-8000-56005-92024-140 1 Amendment Percentage Running Total: 3.24%
AMENDMENT DETAILS
Contract Time Adjustment- Requested to be January 30, 2014.
• Installation of 2 Dumor Removable Bollards. Install Habitat Log Anchorin
• Raise existing sanitary sewer manhole during concrete pour near Morlan property onspur trail
• Removal of abandoned storm catch basin and drainage pipe Hwy 99W Greens ace
• Removal and replacement of existing sidewalk on Grant Ave.
• Excavate area and pave portion of Grant Ave missing asphalt
• Installation of A.D.A. Tactile Warning Strip on Grant Ave
• Core hole and set mailbox with new post in existing sidewalk on Grant Ave
• Additional Erosion Control water quality h droseed mix
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 447,817.48
Revised Contract Amount 462,327.88
Net Increase 14,510.40
REASONING FOR CHANGE ORDER/AMENDMENT
Contract Time Adjustment—Waiting for damaged light poles to be sandblasted and re-powder coated. Waiting
for receipt of LED Wall mounted fixtures. Delay in product approval and shipping time. Waiting for LED
bollards to arrive. Delay in shipping time. Time adjustment date requested to be January 30,2014.
Install 2 Dumor Removable Bollards—ls'-eep passenger vehicles from accessing the trail from Grant Ave.
Habitat Log Anchorin —prevent los from floating during high stream flows
Raise sanitary sewer manhole inspur trail to eliminate existing low point identified in the field.
Removal of unknown abandoned storm catch basin&pipe in HWY 99W green space for lighting conduit install
Removal/replacement of extg. walk on Grant Ave outside of project limits. Sidewalk upheaval from street tree.
Install A.D.A. tactile warning strip—not identified in the contract plans
Core hole and set mailbox with new post at location minimizing obstruction with new narrow portion of walk.
Additional placement of erosion control water quality seed mix outside of design project clearing limits
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms See Change Order No. 2 Attached
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Sl�;natute
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
CITY OF TIGARD
CHANGE ORDER NO. 2
Project/Contract No.: 92024/CP 14003
Contractor Name &Address: Fanno Creek Trail: Main St to Grant Avenue
Greg Schroeder Enterprises. Inc.
9812 S.E. Wichita Avenue Work Location: Fanno Creek Trail Segment— on City
Milwaukie, OR 97222 owned property between Main St and Grant Ave
Contractor and the City of Tigard agree on the quantities described below in accordance with the terms and
conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in
effect for the work. The unit pricing in the original contract shall apply.
Description of the Work (include specification if non standard items):
-Removal of two trees impacting slope grading within the water quality swale adjacent to Grant Avenue
- Installation of 2 DuMor Removable Bollards at Grant Avenue trail head
-Anchoring of 4 habitat logs (Duckbill earth anchoring) within the vegetated corridor restoration area
- Raise sewer manhole by Morlan (riser and grout adjustment) for concrete pathway pour
- Removal of structures and obstructions - buried catch basin and pipe in Hwy 99W green space
- Removal of structures and obstructions —replace 55 square feet of extg. walk uprooted by trees
- Removal of structures and obstructions —sawcut, excavate,pave 20 square feet roadway on Grant.
- Install A.D.A. tactile warning strip at Grant Ave pathway
- Core hole and set mailbox in existing walk on Grant Ave.
-Additional erosion control water quality hydroseed mix outside of the design clearing limits
Description of Additional Work Unit Quantity Unit$ Total$
Tree Removal EA 2 $250.00 $500.00
Removable Bollards EA 2 $1,243.50 $2,487.00
Habitat Log Anchorin EA 4 $300.00 $1,200.00
Raise sanitary sewer manhole Lump Sum 1 $350.00 $350.00
Removal of Structures and Obstructions —Hwy- 99W Lump Sum 1 $625.00 $625.00
Removal of Structures and Obstructions —Remove and Lump Sum 1 $648.55 $648.55
replace existing sidewalk on Grant Ave
Removal of Structures and Obstructions—Sawcut, Lump Sum 1 $450.00 $450.00
remove, and pave section of Grant Avenue unimproved
A.D.A. tactile warning strip EA 1 $920.00 $920.00
Core Hole & Set mailbox with new post in existing walk Lump Sum 1 $250.00 $250.00
Erosion Control water quality hydroseed mix Lump Sum 1 $891.25 $891.25
Revised Contract Amount $462,327.88
Original Contract Amount $447,817.48
Net Increase $14,510.40
CITY OF TIGARD C FRe?OR
Signature: i Siratur,
Name: Kiln lel Millan, P.E. Name:
G Ur��de7klit
Title: Engineering Alanager Title:
Date: December 2,2013 Date:
-I`
Approved: Y Date1 �' 3 'fid l3 Page 1 of 1
Cary of Tigard
CONTRACT CHANGE ORDER Tigard S r gonHall972Bh,d
■
* � Tigard,Oregon 97223
AMENDMENT #i 3 SUMMARY FORM Phone- (503)639-4171
Fax-(503)684--7297
m2� and or., oy
Project Title:Fanno Crk.Trail(blain St to Grant Ave) Project Nlana er: Kim McMillan,P.E.
Contractor: Greg Schroeder Enterprises,Inc. Original Contract#: CP 14003
Effective Dates: February 18,2014 Change Order/Amendment 3 Amount:$ 10,121.21
Accounting String: 92024-140 Amendment Percentage Running Total: 5.50°,o
.AMENDMENT DETAILS
Quantityreconciliation of bid items based on field verification
Change of work at undercrossing(installation of new cable to power lighting. Cable originally provided with
material was not long enough. Contractor required to perform additional worksplicing the ends).
Removal of unmarked drainage pipe during new storm installation
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 447,817.48
Chane Order#1 6,188.60
Chane Order#2 8,321.80
Cha e Order/Amendment#3
Quantity reconciliation of bid items Lump Sum 1 5258.62 5,258.62
Undercrossing Lighting (Connect LV Cable for Lump Sum 1 4645.36 4,362.59
Accent Lighting)
Removal of unmarked drainage pipe during Lump Sum 1 500.00 500.00
storm line construction on Grant Avenue
Chane Order/Amendment#3 Total 10,121.21
TOTAL 472,449.09
REASONING FOR CHANGE ORDER/AMENDMENT
Quantity reconciliation of bid items based on field verification.
Undercrossing Lighting cable runs were to short and were ordered as part of the total package. Contractor
credited cit}for short runs. Additional costs based on contractor having to purchase cable and splice ends to
complete the improvements.
Existing drainage pipe found in proposed storm drainage alignment was unmarked. Sections of the existing pipe
were removed to provide a stable trench.
REQJJESTING PROJECT MANAGER G gn STAFF
A, t lWill,j
S' natttr Si xature
J "z
Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACT
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. r1 copy of this form, once completed,is to
be forwarded to the Purchasing Office to ensure all changes to O_T—
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
FANNO CREEK TRAIL(MAIN ST TO GRANT AVE)CP 14003
AMENDMENT#3
THIS CONTRACT,made and entered into this 24 day of July, 2013,by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called "City" and Greg Schroeder
Enterprises,Inc hereinafter called "Contractor ", duly authorized to perform such services in Oregon.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Four 14undred Forty Seven Thougand
�ndfed:Seventeen and �) Four Hundred Seventy Two Thousand
Four Hundred Forty Nine and 09/100 Dollars ($472,449.09) C01, CO2 and A3 for
performance of those services provided hereunder,which payment shall be based upon the
following applicable terms per the original contract.
IN WITNESS WHEREOF, Cite- has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD ���J GREG S ROEDER ENTERP S,INC.
Signature Signature
Printtedq Name Printed Name
-jo 14-
Date Date
°® CITY OF TIGARD
CHANGE ORDER NO. 1
a'
Project/Contract No.: 92024/CP 14003
Contractor Name &Address: Fanno Creek Trail: Main St to Grant Avenue
Greg Schroeder Enterprises. Inc.
9812 S.E.Wichita Avenue Work Location: Fanno Creek Trail Segment— on City
Milwaukie, OR 97222 owned property between Main St and Grant Ave
Contractor and the City of Tigard agree on the quantities described below in accordance with the terms and
conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in
effect for the work. The unit pricing in the original contract shall apply.
Description of the Work (include specification if non standard items):
Subgrade stabilization for soft spots in trail between Trail Sta: 1+95 to 2+75. Width of stabilization = 14
feet,depth of stabilization = 2 feet. Stabilization material to consist of pit run, 12"-0. This is not a
standard bid item. Unit of measurement (cubic yard) is an acceptable method to determine material
quantity.
Additional Retaining Wall, Prefabricated Modular- to adjust the westerly termination of the wall.
Prefabricated block wall was a lump sum item. A unit of measurement of(lineal feet) is acceptable to
rice out additional wall construction.
Description of Additional Work Unit Quantity Unit$ Total$
Subgrade Stabilization (12"-0 Pit run) CY 86 $40 $3,440
Retaining Wall, Prefabricated Modular with 2'tall slatted LF 15 $183.24 $2,748.60
fencin
Revised Contract Amount $454,006.08
Original Contract Amount $447,817.48
Net Increase $6,188.60
CITY OF TIGARD CO OR
Si na re: S
Name:lAn 11Ic1\1illan, P.F. e5ee^,�� v ` � �� _
Title: Engineering Manager Title.
/e �i6 c"z T_
Date: September 16, 2013 Date:
Approved: Date�i11���3 Mage 1 of 1
Original Contract Signa Date: q '0.20 0
CITY OF TIGARD
CHANGE ORDER NO. 1
Project/Contract No.: 92024/CP 14003
Contractor Name &Address: Fanno Creek Trail: Main St to Grant Avenue
Greg Schroeder Enterprises. Inc.
9812 S.E.Wichita Avenue Work Location: Fanno Creek Trail Segment—on City
Milwaukie, OR 97222 owned property between Main St and Grant Ave
Contractor and the City of Tigard agree on the quantities described below in accordance with the terms and
conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in
effect for the work. The unit pricing in the original contract shall apply.
Description of the Work (include specification if non standard items):
Subgrade stabilization for soft spots in trail between Trail Sta: 1+95 to 2+75. Width of stabilization = 14
feet, depth of stabilization = 2 feet. Stabilization material to consist of pit run, 12"-0. This is not a
standard bid item. Unit of measurement (cubic yard) is an acceptable method to determine material
quantity.
Additional Retaining Wall, Prefabricated Modular- to adjust the westerly termination of the wall.
Prefabricated block wall was a lump sum item. A unit of measurement of(lineal feet) is acceptable to
rice out additional wall construction.
Description of Additional Work Unit Quantity Unit$ Total$
Subgrade Stabilization (12"-0 Pit run) CY 86 $40 $3,440
Retaining Fall, Prefabricated Modular with 2'tall slatted I1F 15 $183.24 $2,748.60
fencing
Revised Contract Amount $454,006.08
Original Contract Amount $447,817.48
Net Increase $6,188.60
CITY OF TIGARD CO OR
Si na re: Si
Name: 1\1elllillan,P.E. - Narne.��- ev If�7L 7��-
Title: Engineering Manager Title.
Date: September 16, 2013 Date:
C171-
Approved: Page 1 of 1
Original Contract Signa Date: q 20(3
CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
FORM MUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION)
Contract Title: Fanno Creek Trail-Main to Grant General Contractor Number: C ]"rr lOD3
Contractor: Greg Schroeder Enterprises, Inc. Contract Total: $447,817.48
Contract Overview: Contractor shall construct 8'-10'wide concrete pathway, lighting landscaping
Type: ❑ Purchase Agreement Start Date: 7/24/13 End Date: 12/31/13
❑ Personal Service
® Public Improvement LCRB Award: 7/23/13 Department: Public Works
❑ IGA
❑ Other: Engineering Srvcs Agree. Contract Manager: Kim McMillan
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Greg Schroeder Enterprises $447,817.48
Keystone Contracting $487,000.00
Banzer Construction $511,925.00
And 4 others on file
Account String: Fund-Division-Account Work Order Number—Activity TR e Amount
420-8000-56005 92024-140 $447,817.48
Approvals
Department Comments: Greg Schroeder Eawtpnles was found to be the low resl2onsive bidder
h4ea J-�e
Department Signature: o5
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
TIGARD
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Phone: 503-639-4171
Fax: 503-684-2797
CONTRACT DOCUMENTS
for the construction of
Fanno Creek Trail-Main Street to Grant Avenue
Project No.: CIP 2012-92024
zx'I2I-t
Approved by. Michael tone,P.E.,City Engineer
Bid Proposals Due & Bids Open: Tuesday,July 16,2013 -2:00 pm
Version: July 27, 2013
!V
CITY OF TIGARD, OREGON
TIGARD
CONTRACTDOCUMENTS
Fanno Creek Trail-Main Street to Grant Avenue
DATE DUE: Tuesday,July 16, 2013
TIME DUE: 2:00 pm
Envelopes must be scaled and marked with project title.
Bidders must submit one (1) original of their Bid.
If a bid exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,
provided in this packet, to the City no later than 4:00 pm,July 16,2013
PROJECT MANAGER: QUESTIONS REGARDING THE BID:
Kim McMillan, P.E. Joe Barrett, Sr. Management Analyst
City of Tigard, Public Works Engineering City of Tigard, Procurement Office
Phone: 503-718-2642 Phone: 503-718-2477
Fax: 503-624-0752 Fax: 503-684-2797
Email: kun(agard-or.gov Email: Joseph@)tigard-_or.,yov
SUBMIT BIDS TO:
Joe Barrett, Sr. Management Analyst
City of Tigard—Utility Billing Counter
13125 SW Hall Blvd
Tigard, Oregon 97223
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 2 P a j e
CITY OF TIGARD
ADVERTISEMENT FOR BIDS
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Utility Billing Counter
located at 13125 SW Hall Blvd., Tigard, Oregon 97223 until 2:00 pm local time,July 16, 2013 for the Fanno
Creek Trail -blain Street to Grant Avenue construction project. Bids will be opened and publicly read aloud
immediately after the bid's closing time and date at Tigard City Hall.
The project, Fanno Creek Trail-Main St to Grant Ave,generally consists of the following.
1. Clearing and grubbing,removal of structures and obstructions, traffic control.
2. Excavation and embankment for trail construction.
3. Installation of storm drainage pipes and structures.
4. Paving an 8'-10'wide concrete trail surface,concrete driveway approaches,and sidewalk.
5. Installation of retaining walls and fencing.
6. Permanent striping, signage,and pavement markers along Grant Ave.
7. Vegetated corridor mitigation and water quality Swale planting.
8. Project Lighting— OR99W Bridge undercrossing lighting, lighted bollards, street lights, base mounted
controller cabinet,circuit,and conduit.
9. Performance of additional and incidental work as called for by the specifications and plans.
Basis of Bid Award shall incorporate all items identified on the Bid Schedule.
Pursuant to Tigard Public Contracting Rule 30.055, all bidders must submit a bid security to the City along
with their bid in an amount equal to ten percent (101/o) of their base bid. In the event a bid exceeds 5100,000,
Bidders must submit a First Tier Subcontractor Disclosure Form, provided in this packet, to the City no later
than 4:00 pm local time,July 16,2013.
The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and
279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be
incorporated by reference as if fully set forth in any contract resulting from this Invitation to Bid. Contractor
shall provide proof 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.
No bid will be considered unless fully completed in a manner provided in the bid packet. Facsimile and
electronic (email) bids will not be accepted nor will bids be accepted after the stated opening date and time.
Bids received after the closing time will be resumed to the submitting firm unopened after a contract has been
awarded for the required services.
Bid packets may be obtained in person at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,
Tigard, Oregon 97223, or by contacting Joe Barrett, Sr. Management Analyst, at either (503) 718-2477 or
losephkti=d-oror.gov. The City may reject any bid not in compliance with all prescribed public bidding
procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in
the public interest to do so.
Published: Daily Journal of Commerce
Date: July 15 2013
Published: The Oregonian
Date: July 1,2013
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 31 P a o c
TABLE OF CONTENTS
TITLE PAGE
TitlePage---------------------------------------------------------------------------------------------- 1
Advertisement for Bids 3
------------------------------------------------------------------------
Table of Contents 4
-----------------------------------------------------------------------------------
INSTRUCTIONS TO BIDDERS
Section 00120 Bidding Requirements and Procedures------------------------------------------------_5
Section 00130 Award and Execution of Contract 14
BID BOOKLET
AttachmentA Proposal----------------------------------------------------------------------------------------------19
Attachment B Acknowledgement of Addenda----------------------------------------------------------24
Attachment C Bid Certifications--------------------------------------------------------------------------------25
Attachment D First Tier Subcontract Disclosure Form 26
---------------------------------------------
Attachment E Bid Bond Form 27
-----------------------------------------------------------------------------------
CONTRACT BOOKLET
Attachment F Public Improvement Contract............................................................28
Attachment G Performance Bond Form 43
--------------------------------------------------------------------
Attachment H Payment Bond Form...........................................................................45
Attachment I Supplementary General Conditions---------------------------------------------------47
Attachment J Special Provisions--------------------------------------------------------------------------------49
Attachment K Geotechnical Report_______________________________________________________________Attached
Attachment L Oregon BOLI Prevailing Wage Rates-.-------- _________ ______________Attached
DRAWINGS Fanno Creek Trail-Main Street to Grant Avenue
Dated June 11, 2013
Drawings: Cover Sheet through Illumination Details (IL-09)
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 41 P a b e
SECTION 00120-BIDDING REQUIREMENTS AND PROCEDURES
This Section replaces Section 00120 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00120.00 Bid Closing Time and Date -The advertisement,included in the Bid Booklet sets the deadline
date and time for submitting bids.
00120.01 General Bidding Requirements-Bidders may obtain and submit Bids by paper before the
deadline stated in the Advertisement for Bid and at the location stated in the Advertisement for Bid.
00120.05 Requests for Solicitation Documents -Informational Plans and Specifications (not for bidding)
are available at the City of Tigard, 13125 SW Hall Blvd.Tigard, OR 97223 at no charge. Copies of the Oregon
Standard Specifications may be purchased at the ODOT Procurement Office -Construction, Contractor Plans,
455 Airport Road SE,Building K,Salem, Oregon 97301-5348 (telephone (503) 986-6936). The Oregon
Standard Specification can be obtained on line free of charge at:
htW://w-znv.oregon.gov/ODOT/HWY/SPECS/standard specificatlons.shtiml.
(a) Paper Bids -Bidders must obtain Solicitation Documents from the City of Tigard, 13125 SW Hall
Blvd.,Tigard,OR 97223. Each request must include both the name of the person ordering or
obtaining the Solicitation Documents,and the name of the Entity intending to use them. (The City x111
add the name of the Entity intending to use the Solicitation Documents to the list of Holders of
Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of
Tigard may be used to submit Bids.
(b) Standards and Specifications-The work embraced herein shall be done in accordance with the
following standards and specifications.
City of Tigard Public Improvement Design Standards Download from the City's web site
CWS Design and Construction Standards 07-20 www.cleanwaterservices.or
Supplementary General Conditions Included in the Bid Booklet
Manual on Uniform Traffic Control Devices (MUTCD)
Oregon Standard Specifications Ver. 2008—Volumes 1 &2 Available from ODOT
Electrical Service Requirements (ESR) PGE—Current Volume
Copies of these standards and specifications can be found at the locations stated above.
00120.10 Bid Booklet-The Bid Booklet may include,but is not limited to:
• Proposal
• Acknowledgement of Addenda
• Bid Certifications
• First Tier Subcontractor Disclosure
• Bid Bond
By signing the Certificate of non-collusion,Bidder certifies that this bid/proposal has been arrived at
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 5 P a g e
independently and has been submitted without collusion designed to limit independent bidding or competition.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered-Before submitting a Bid,Bidders shall carefully examine the site of the proposed Work, the Bid
Booklet,Plans, and Specifications. Bidders shall also contact Utility owners to verify all Utilities'anticipated
involvement on the Project Site. Bidders are also encouraged to review any subsurface investigation material
referenced in 00120.25 that may be available Submission of a Bid will constitute confirmation that the Bidder
has examined the Project Site and Solicitation Documents, finds the Plans and Specifications to be sufficiently
detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be
encountered in performing the Work and all requirements of the Contract.
The Cita and its employees will not be responsible for loss or unanticipated costs suffered by the Bidder
because of the Bidder's failure to become fully informed about all conditions of the Work, or failure to request
clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
(a) Clarifications -Any clarification of Plans and Specifications needed by the Bidder shall be requested in
writing through the Procurement Office. Requests shall be made in sufficient time for the Agency's
reply to reach all Bidders before Bid Closing. Oral explanations or interpretations given before
receiving Bids for a Project will not be binding. To be binding,interpretation of the Plans and
Specifications by the City must be made by written Addendum furnished to all Holders of Bidding
Plans according to 00120.30. Notification of erroneous or incomplete Plans or Specifications shall also
be submitted to the Procurement Office. Such notification shall also be made in sufficient time for the
City to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing.
(b) Protest of Specifications or Terms -A bidder who believes any specifications or terms detailed in the
bid packet or sample contract(Attachment F) are unnecessarily restrictive or limit competition may
submit a protest in writing,to the Procurement Office. A protest may be submitted via facsimile. Any
such protest shall include the reasons for the protest and shall detail any proposed changes to the
specifications or terms. The Procurement Office shall respond to any protest and,if necessary, shall
issue any appropriate revisions,substitutions, or clanfication via addenda to all interested Bidders.
To be considered,protests must be received at least seven- (7) calendar days before the bid closing date.
The City shall not consider any protest against award due to the content of bid specifications or
contract terms submitted after the established protest deadline. All protests should be directed to the
Procurement Office and be marked as follows:
Bid Specification/Term Protest
Fanno Creek Trail-Main Street to Grant Avenue,July 16,2013
City of Tigard
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
If a bid protest is received in accordance with section above, the bid opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the bid
documents.
The City is not obligated to consider any protests unless the issue has first been submitted for
clarification and a decision issued under subparagraph (a) above.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 61 Pa g e
00120.16 Material,Equipment, and Method Substitutions -When the Contract specifies certain
Materials, Equipment, and/or methods, the Bidder shall include those Materials, Equipment, and/or methods
in the Bid unless the Engineer has issued an Addendum granting approval to substitute. The procedure for
requesting approval is as follows:
(a) Written Request - If a Bidder proposes to use iklaterials, Equipment and/or methods other than
those specified, the Bidder shall send a written request to the Engineer, at least seven Calendar Days
prior to Bid Opening, including complete descriptive and technical information on the proposed
tilatenals, Equipment and/or methods.
(b) Functional Similarity - Materials and Equipment proposed for substitution shall be similar in
design, and equal or better in quality and function to those specified.
(c) Manufacturer's Information -If manufacturers' brochures or information is needed, the Bidder
shall submit three copies of each with all pertinent information clearly marked.
(d) Differences -The Bidder shall specifically note all differences bcm,ccn the specified i\-latenals,
Equipment and/or methods and the proposed substitutes.
(e) Cost - Where a substitute will result in alteration of the design or space requirements, or any other
modifications to the Plans, the Bidder shall include in the substitution request all items of cost for
the revised design and construction
(f) Notification of Holders of Bidding Plans - If the Engineer approves any proposed substitution,
such approval, and any modifications necessitated to the design and construction by the
substitution, will be acknowledged by Addenda.
Unless the Engineer has approved substitutions of i\Iaterials, Equipment, and/or methods prior to
ripening of Bids, the Bidder shall furnish the items specified in the Contract Substitution after
Award is specified in 00180.31(b), 00180.31(c), and 00180.31(d).
00120.17 Use of City-Owned Land for Staging or Storage Areas -The Contractor may use Agency-
owned property for staging or storage areas,subject to the following lunitations:
(a) Within Normal Right-of-Way Limits - If approved by the Engineer, the Contractor may use
available property within the normal Right-of-Way limits for the purpose of constructing
improvements under the Contract, as long as such use does not unduly impede other legitimate
users of the Right-of-Way or adjacent properties. Where the City owns, or has rights to, other
adjacent properties in the Project area, "normal Right-of-Way" is limited to a line drawn across that
property connecting the normal Right-of-Way limits on either side of the property.
(b) Outside Normal Right-of-Way Limits - The Contractor may not use City-owned property
outside of normal Right-of-Way limits for the Project-without the approval of the Citi
If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the
Contractor, or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum.
If approval is not obtained before submitting a Bid, and the Contractor proposes to use City-owned
propem outside dnc normal Right-of-Way limits, then use of the propem, may be approved by the
Engineer, but the Contractor will be assessed fair market value, as determined by the Engineer, for
use of the property.
2014 ITB —ranno Creek Trail—Alain to Grant Avenue 7 111 a n c
(c) Restrictions on Use - Contractors shall comply with all applicable laws, ordinances, and regulations
pertaining to use of City-owned property, and shall:
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by, or resulting from, Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule -Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The City does not warrant that the actual
individual items,amount of Work,or quantities will correspond to those shown in the Bid Schedule. Payment
to the Contractor will be made only for actual quantities of Work performed and accepted or Materials
furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be
furnished may each be increased,decreased,or omitted as provided in 00120.30 and 00140.30.
00120.25 Subsurface Investigations -If the City or its consultant has conducted subsurface or geologic
investigations of the proposed Project Site, the results of the investigations may be included in written reports.
If reports have been prepared,copies will be available at the Engineer's office. If the City has retained
subsurface samples, they will also be available for inspection. Bidders and the Contractor may make
arrangements for viewing the samples through the City's office.
The availability of subsurface information from the City is solely for the convenience of the Bidder and shall
not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required
by 00120.15,or other responsibility under the Contract Documents. It is mutually agreed to by all parties that:
• The written report(s) are reference documents and not part of the Contract Documents.
• The subsurface investigations made by the City are for the purpose of obta rli ng data for planning and
design of the Project.
• The data concerning borings is intended to represent with reasonable accuracy conditions and materials
found in specific borings at the time the borings were made.
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids -The City may
modify the Solicitation Documents by issuance of an "Addendum" to all prospective bidders within a
reasonable time prior to bid closing to alloxv bidders to consider them in preparing their bids,but in no case less
than 48 hours before the bid closing. If an Addendum is necessary-after that time, the City,at its discretion, can
extend the closing date.
Any Addendum issued, as a result of any change in the Solicitation Documents, must be acknowledged by
submitting the "Acknowledgment of Addendum" (Attachment B) with a proposal. Only questions that are
answered by formal written addenda gill be binding. Oral and other interpretations or clarifications will be
without legal effect-
00120.40
ffect00120.40 Preparation of Bids:
(a) Bidding Considerations -Bids must be prepared on the Bid Proposal included in Attachment A
and must be completed, signed, dated, and submitted prior to the closing date and time. All bids
shall be prepared and submitted in ink or typewritten. By submitting a completed Bid Form, the
Bidder is stating their conformance with all requirements of the Invitation to Bid which will be
incorporated into any subsequent contract. Failure to comply with all requirements set forth in the
Invitation to Bid may result in the rejection of a bid.
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Bidders may refer to the following Subsections for requirements that may affect bidding
considerations:
• 00120.80, Preference for Oregon Resident Bidders
• 00130.80, Restrictions on Commencement of Work
• 00150.55, Coordination of Work
• 00150.75, Protection and Maintenance of Work
• 00160.20(a), Buy America
• 00160.20(b), Buy Oregon
• 00180.20, Subcontracting Linutations
• 00180.21, Subcontracting
• 00195.50(a-1), Incidentals
• 00195.00(a), Cost of Insurance and Bonds
(b) Paper Bids -The Bidders shall not alter,in any manner, the paper documents bound within the Bid
Section. Bidders shall complete the certifications and statements included in the Bid Section of the
Bid Booklet according to the instructions. Signature of the Bidder's authorized representative
thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements
contained in the paper Bid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures
and initials shall be in ink, except for changes submitted by facsimile (FAX) transmission as
provided by 00120.60 (in which case FAX signatures shall be considered originals).
The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another pernussnble type of Bid guaranty is provided (see 00120.40(e)).
(c) Recyclable Products -Bidders shall use recyclable products to the maximum extent economically
feasible in the performance of the contract set forth in this document
(d) Bid Schedule Entries -Using figures,Bidders shall fill in all blank spaces in the paper Bid
Schedule. For each item in the paper Bid Schedule,Bidders shall enter the unit price and the
product of the unit price multiplied by the quantity given. The unit price shall be greater than zero,
shall contain no more than two decimal places to the right of the decimal point, and shall be
expressed in U.S. dollars and cents (for example, $150.25 or$0.37). Bidders shall also enter the total
amount of the Bid obtained by adding amounts for all items in the paper Bid Schedule. Corrections
or changes of item entries shall be in ink,with incorrect entry lined out and correct entry entered
and initialed.
(e) Bidder's Address and Signature Pages -Bidders shall include i7 the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly
authorized representative of the Bidder.
(f) Bid Guaranty- All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the total
amount of the Bid. The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or
certified check made payable to the Agency. (see ORS 279C.365(4)).
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If a Surety bond is submitted,Bidders shall use the Agency's standard Bid Bond form included with
the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal
affixed. The Bid guaranty shall be submitted bV mail, delivery service, or hand delivered to the
offices and addresses, and at the times given in the paper Bid Booklet
Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered by 00130.70.
A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly and
properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract
has been executed or all bids have been rejected.
(g) Disclosure of First-Tier Subcontractors - If a Bidder's Bid on a public improvement Project
exceeds $100,000, the Bidder shall,within two working hours of the time Bids are due to be
submitted, submit to the Agency, on a form provided by the Agency, a disclosure identifying any
first-tier Subcontractors that-,vill furnish labor or labor and TMaterials, and whose contract value is
equal to or greater than:
• 5% of the total Project Bid, but at least$15,000;or
• $350,000,regardless of the percentage of the total Project Bid.
For each Subcontractor listed,Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract; and
• The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so
indicate by entering"NONE" or by filling in the appropriate check box. For each Subcontractor
listed,Bidders shall provide all requested information. An incomplete form will be cause for
rejection of the Bid.
The Subcontractor Disclosure Form may be submitted fora paper Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it
together arith the Bid at the time and place designated for receipt of Bids;
• By removing it from the paper Bid Booklet, filling it out and submitting it separately to the
Agency Procurement Office, at the address or FAX number given in the Bid Booklet.
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by
the Procurement Office within two working hours of the time designated for receiving Bids. Bids
not in compliance with the requirements of this Subsection will be considered non-responsive.
00120.45 Submittal of Bids:
(a) Paper Bids - Paper bids may be submitted by mail,parcel delivery service, or hand delivery to the
offices and addresses, and at the times given in the Bid Booklet. Submit paper Bids in a sealed
envelope marked with the word "Bid", the name of the Project, and the words "To Be Opened Only
by Authorized Personnel" on the outside. If a delivery or courier service is used, the Bidder shall
place the sealed envelope containing the paper Bid inside the delivery or courier service's envelope.
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 10 11' a o e
Closing time for acceptance of paper Bids is the time stated in the Advertisement on the day of Bid
Opening.
Paper Bids submitted after the time set for receiving paper Bids will not be opened or considered.
The Agency assumes no responsibility for the receipt and return of late paper Bids.
(b) Submission:.-One (1) original copy of the sealed Bid must be received before the stated closing time at
the address listed below. To assure that your bid receives priority treatment,please mark as follows.
Fanno Creek Trail-Main Street to Grant Avenue
Due: Julv 16,2013,2:00 pm
City of Tigard—Utility Billing Counter
Attn: Joe Barrett,Sr. Management Analyst
13125 S%V Hall Blvd.
Tigard, Oregon 97223
Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's
responsibility to ensure that bids are received prior to the stated closing time. The City shall not be
responsible for the proper identification and handling of any bids submitted incorrectly.
(c) Bid Opening-Bids will be opened immediately following the deadline for receiving bids as stated in
the Advertisement in Tigard City Hall. Bidders may be present;however, award decisions will not be
made at the opening.
00120.60 Revision or Withdrawal of Bids:
(a) Modifications To Bids - In accordance with Tigard Public Contracting Rule 30.070 (A), a Bid may
be modified after submittal so long as the modification is done in writing prior to the bid's closing
time and date. Any modification must be prepared on the submitting company's letterhead, signed
by a company representative,and clearly state that the new modification supersedes or modifies the
prior bid. To ensure integrity of the bidding process, the modification must be delivered to the
City's Procurement Office in a sealed envelope that is marked "BID MODIFICATION" and list
the original bid tide and closing date.
(b) Withdrawal of Bids -Tigard Public Contracting Rule 30.070 (B) allows for the withdrawal of a bid
so long as the bidding company submits a withdrawal request in writing on company letterhead and
signed by a company representative prior to the time and date of bid closing. The withdrawal
request shall be delivered to the City's Procurement Office and the bid shall be returned, unopened,
to the requesting bidder.
00120.65 Opening and Comparing Bids-Bids will be opened and the total price for each Bid will be read
publicly at the time and place stated in the Advertisement for Bids. Bidders and other interested parties are
invited to be present. Bids for each Project will be compared on the basis of the total amount of each Bid.
The total amount of the Bid will be the total sum computed from quantities listed in all Bid Schedules tunes
unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended
amount, the unit price shall govern,and the City may make arithmetic corrections on extension amounts.
When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to
recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected by the bidder and
the contractor will be required to perform work at the unit price if their bid is accepted.
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00120.70 Rejection of Nonresponsive Bids -A Bid will be considered irregular and will be rejected if the
irregularity is deemed by the City to render the Bid non-responsive. Examples of irregularities include without
limitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed.
• The Bid contains improper additions, deletions, alternate Bids, or conditions.
• The Bid is submitted on documents not obtained directly from the City, or is submitted by a Bidder
who has not been identified by the City as a Holder of Bidding Plans, as required by 00120.05.
• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may be
rejected.
• The Bid has entries not typed or in ink, or has signatures or initials not in ink (save for changes received
by FAX as provided by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown on
the Bid if required in the Solicitation Document. This requirement applies to State-funded or locally
funded Projects,with the exception of Aggregate production and landscape Projects (not required on
Federal-Aid Projects).
• A disclosure of first-tier Subcontractors,if required under 00120.40(f),is not received within two
working hours of the time Bids are due to be submitted, or the disclosure form is not complete
• The Bidder has not complied with the DBE requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid contains entrees with more than two decimals to the right of the decimal point.
• The Bid entries are not expressed in U.S. dollars and cents.
00120.80 Reciprocal Preference for Oregon Resident Bidders -This Subsection applies only to Contracts
for Projects financed without federal funds. Bidders shall complete the certificate of residency provided by the
City in the Bid Booklet Failure to properly complete the form will be cause to reject the Bid_
As used in the certificate of residency and this Subsection, "Resident Bidder' means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar months
immediately preceding submission of the Bid;
• A business address in the State of Oregon; and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid, the City will,for the purpose of awarding the Contract,add a percentage increase
to the Bid of a Nonresident Bidder equal to the percentage,if any, of the preference given to that Bidder in the
state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be
published on or before January 1 of each year by the Oregon Department of Administrative Services. The City
may rely on these percentages without incurring liability to any Bidder (ORS 279A.120). This increase will only
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be applied to determine the lowest Bid,and will not cause an increase in payment to the Contractor after Award
of the Contract.
00120.90 Disqualification of Bidders -The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disquahfy a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found responsible, and may be
subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 2790.440.
A Bidder«zll be disqualified if the Bidder has:
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under
ORS 279C.860;
• Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or been licensed
by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k), ORS 701.055,
and ORS 671.530). The Bidder's registration number and expiration date shall be shown in the Bid
form,if requested. Failure to furnish the registration number,if requested,will render the Bid non-
responsive and subject to rejection. (not required on Federal-Aid projects);or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a public
contract for a public improvement.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is
found to be nonresponsible according to the criteria listed in 00130.10 Nwill be refected. Refer also to ORS
279C.375(2).
120.95 Public Records - All bid material submitted by bidder shall become the property of the City and is
public record unless otherwise specified. A bid that contains any information that is considered trade secret
under ORS 192.501(2) should be segregated and clearly identified as such. This information wall be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.
The above restrictions may not include cost or price information,which must be open to public inspection.
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SECTION 00130—AWARD AND EXECUTION OF CONTRACT
This Section replaces Section 00130 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00130.00 Consideration of Bids
(a) The City may reject any bid not in compliance with all prescribed public bidding procedures and
requirements and may reject for good cause any or all bids upon a finding of the City that it is in the
public interest to do so.
(b) The City reserves the right,as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any
and all minor informalities that may arise in relation to this bid process. Minor informalities are matters
of form rather than substance that are evident from the bid documents, or insignificant mistakes that
can be waived or corrected without prejudice to other bidders or the City. The informality shall not
affect price,quantity,quality,delivery,or contractual conditions except in the case of informalities
involving unit pricing.
(c) After opening and reading Bids,the Agency will check them for correct extensions of unit prices and
totals. (see 00120.65) The total of extensions,corrected where necessary,will be used by the Agency
for Award purposes.
(d) Bids will be considered and a Contract awarded,if at all,within 60 Calendar Days from the date of Bid
Opening,unless an extension beyond that time is agreed to by both parties and acknowledged in writing
by the Bidder.
00130.10 Award of Contract-After the Bids are opened and a determination is made that a Contract is to
be awarded, the Contractwill be awarded to the lowest responsible Bidder. For the purposes of this Section,
"lowest responsible Bidder" means the lowest Bidder who is not on the list created by the Construction
Contractors Board according to ORS 701,and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial,Materials, Equipment, facility and personnel resources and expertise,
or ability to obtain the resources and expertise, necessary to indicate the capability of the prospective
Bidder to meet all contractual responsibilities.
• A satisfactory record of performance.
• A satisfactory record of integrity.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available information,
or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity, the City will document the
record and the reasons for the unsatisfactory finding. The City shall provide notice of intent to award to each
bidder submitting a bid. The notice shall state the date, time, and location of the bid award decision. The
notice shall include the name of the vendor that staff recommends the contract be awarded to. Any bid
comparison sheets shall be included in the notice of intent to award.
The Award will not be final until the later of the following:
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• The City has provided a written response to each timely protest, denying the protest and affirming the
Award, or
• The Contract is awarded by the awarding authority
If the City, accepts a Bid and awards a Contract, the Citywill send the successful Bidder written notice of
acceptance and Award. Notice of Award and Contract booklets ready for execution will be sent within 60
Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special
Provisions or a written mutual agreement-
00130.15
greement00130.15 Right to Protest Award -In accordance with Tigard Public Contract Rule 30.135 any actual bidder
who is adversely affected or aggrieved by the City's intent to award the contract resulting from this Invitation to
Bid to another bidder shall have seven (7) calendar days after notice of intent to award to subnut to the City a
written protest of the notice of award.
In order to be adversely affected or aggrieved,a bidder must claim to be eligible for award of the contract as the
lowest responsible bidder and must be next in line for award;i.e. the protester must clai ri that all lower bidders
are ineligible for award because they arc non-responsive or non-responsible. The City will not entertain any
protest submitted after the time period established under this Invitation to Bid document The City shall issue a
written decision denying or affirming the protest to every bidder providing an address to the City before any
action is taken on the contract
00130.20 Cancellation of Award-Without liability to the City,the Cite may for good cause cancel Award at
any time before the Contract is executed by all parties to the Contract,as provided by ORS 279C.395 for
rejection of Bids,upon finding it is in the public interest to do so.
00130.30 Contract Booklet-Includes the documents listed under Section 4, "Contract Documents," of the
Public Improvement Contract(Attachment F).
00130.40 Contract Bonds,Certificates,and Registrations -Before the City will execute the Contract, the
successful Bidder shall furnish the following bonds,certificates,and registrations:
(a) Performance and Payment Bonds -When Awarded the Contract, the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Suret},authorized to do business in the State
of Oregon as required by Tigard Public Contracting Rule 30.190(A).
The successful Bidder shall submit the standard bond forms,which are bound in the Contract
booklet. Faxed or photocopied bond forms will not be accepted. The amount of each bond shall
be equal to the Contract Amount. The Performance Bond and the Payment Bond must be signed
by the Suret is authorized Attorney-in-Fact, and the Surety's seal must be affixed to each bond. A
power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,
which must include bond numbers, and the Surety's original seal must be affixed to the power of
attorney. Bonds shall not be canceled without the City's consent, nor will the Cm,normally release
them,prior to Contract completion.
When a coating system warranty is required by 00594.75, the Contractor shall furnish a supplemental
warranty performance bond,in addition to the regular Performance Bond for the Contract to the
City, executed by a surety authorized to do business in the State of Oregon. The supplemental
warranty performance bond shall be in the sum of 80% of the full Contract Amount. The bond is
to secure the performance by the Contractor of correction work on any coating system defects that
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the Contractor may be directed by the City to perform. The Contractor shall use the City-provided
form for the bond except that if the surety is a multiple surety, a copy of the form for a bond with
multiple sureties shall be obtained from the City. The supplemental warranty performance bond
shall be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal shall be affixed to
the bond. A power of attorney for the Attorney-in-Fact shall be attached to the bond in the
Contract booklet,which shall include bond numbers, and the Surety's original seal shall be affixed to
the power of attorney. A copy of the supplemental warranty performance bond is included near the
front of the Special Provisions.
Upon Third Notification, the supplemental warranty performance bond shall become effective and
shall continue in full force and effect until the City has advised the Contractor that:
• There are no coating system defects;or
• If the Contractor has been notified that there are coating system defects, the defects have been
repaired by the Contractor to the satisfaction of the City as specified under the coating system
warranty and the full warranty period has expired.
Supplemental warranty performance bonds cannot be canceled nor can they be released due to
possible claims.
(b) Certificates of Insurance -The successful Bidder shall furnish the City certificates of insurance
applicable to the Project,according to 00170.70. The insurance coverages shall remain in force
throughout the performance of the Contract and shall not be allowed to lapse without prior written
approval of the City. Bidders may refer to 00170.70 for minimum coverage limits and other
requirements. For specified Contracts, certified copies, and in some instances the original., of
insurance policies may be required by the Special Provisions.
(c) Workers' Compensation -To certify compliance with the workers' compensation insurance
coverage required by 00170.61(x) and 00170.70(d), the successful Bidder shall complete and sign the
"Certification of Workers'Compensation Coverage" form bound in the Contract booklet.
(d) Registration Requirements:
(1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon Construction
Contractors Board or licensed by the State Landscape Contractors Board prior to submission of
a Bid on a Project not involving federal funds. Registration with the Construction Contractors
Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on
Federal-Aid Projects;however,the Agency will not execute a Contract until the Contractor is so
registered or licensed.
(2) Bidders must be 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.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the protect if the
landscape contracting is subcontracted to a licensed landscaping business as defined in ORS
671.520.
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(4) A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor, or
subcontracts with another licensed landscaping business,licensed for that phase.
(e) Business Tax and Federal Id No. Required-The City of Tigard Business Tax is required from the
successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the
City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the
obtaining of the City of Tigard Business Tax. Upon award of proposal, contractor shall complete a
Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder -The successful Bidder shall deliver the required number of Contract booklets with
the properly executed Contract,Performance Bond, Payment Bond, certification of workers'
compensation coverage, and the required certificates of insurance, to the Procurement Office within
15 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to
the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the
City and named in this Subsection,with original signatures. Certificates of insurance shall also be
originals. Certificates of insurance for coverages that are permitted by the City under 00170.70(a) to
be obtained by appropriate subcontractors shall be delivered by the Contractor to the City together
with the Contractor's request under 00180.21 for approval of the subcontract with that
subcontractor. No copies of these documents will be accepted by the City.
Proper execution requires that:
(1) If the Contractor is a partnership,limited liability partnerslup, joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond, and Payment Bond, and an authorization to sign shall be attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation shall sign
the Contract, Performance Bond, and Payment Bond. However, if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those
documents a certified, true and correct copy of the corporate bylaws or minutes stating that
authority. If only one officer is signing, then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the tide(s) or
corporate office(s) held by the signer(s).
(b) By the City -Within seven Calendar Days after the City has received and venfied the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the Cite
Council (if required), the City will execute the Contract. The City vwill then send a fully-executed
original Contract booklet to the successful Bidder, who then officially becomes the Contractor.
(c) Contract--After the award,the Contractor and the City will enter into a public improvement contract
incorporating the terms and conditions of the Public Improvement Contract and the bid response.
Vendors taking exception to any of the contract terms shall submit a protest or request for change in
accordance with Section 00120.15(6) "Protest of Specifications or Terms"or their exceptions will be
deemed waived.
00130.60 Failure to Execute Contract and Bonds -Failure of the successful Bidder to execute the
Contract and protide the required certificates,certifications,and bonds may be cause for cancellation of the
Award, and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to
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the next lowest responsible Bidder,the Project may be re-advertised,or the Work may be performed otherwise
as the City decides.
The forfeited Bid guaranty will become the City's property,not as a penalty, but as liquidation of damages
resulting from the Bidder's failure to execute the Contract and provide the certificates,certifications,and bonds
as required by these Specifications.
00130.70 Release of Bid Guaranties -Bid guaranties will be released and checks returned seven Calendar
Days after Bids are opened,except for those of the three apparent lowest Bidders on each Project. The
guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders
within seven days of the Agency's execution of the Contract.
00130.80 Project Site Restriction -Until the City sends the Contractor written Notice to Proceed with the
Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not go
onto the Project Site on which the Work is to be done,nor move Materials,Equipment,or workers onto that
Project Site.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work is
delayed by failure of the City to send the Contract for execution. However,if more than 30 Calendar Days
elapse between the date the Bid is opened and the date the City sends the Contract to be executed, the City will
consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract
completion resulting directly from delay in commencement.
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the Contract
is executed by the City. Should the City fail to issue the Notice to Proceed within five Calendar Days of
Contract execution, the Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 181 P a g e
ATTACHMENT A
PROPOSAL
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
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.
Project: Fanno Creek Trail-Main Street to Grant Avenue
Bid Due Date: Tuesday,July 16, 2013 / 1
Name of Submitting Firm: a5 E,1i c• l �t-e! ,'5r1 t`pE?d Pf—
The Undersigned (check one of the following and provide additional information):
An individual doing business under an assumed name registered under the laws of the State of
• or
A partnership registered under the laws of the State of ;or
- A corporation organized under the laws of the State of p t ; or
A limited liability corporation organized under the laws of the State of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above
project in strict accordance with the Contract Documents for the Basic Bid as follows:
FoyR N��AraU �o fti�/ s�v�v 7 �9uh�kj H T 6�y id� and18 /100 Dollars ($ 447 48 )
and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined
in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the
Contract Documents, and forms. Submission of this bid shall be conclusive evidence that the Undersigned
has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope
of work to be performed, the quantities of materials to be furnished, and as to the requirement of the
Contract Documents.
Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the
Basic Bid.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 19 1 P a g c
BID SCHEDULE
Fanno Creek Trail (Main St to Grant Ave)
Linear Park
Between Main St and Grant Ave
Item
No Description Quantity Unit Unit Price Item Total
Schedule A
A
1 Mobilization 1 Lump Sum $ 7 9a 0 $ "7, '7'M`0
2 Traffic Control 1 Lump Sum $ / 3r zGrJ $ 13,ZoC9, `%
3 Erosion Control 1 Lump Sum $ / $
4 Clearing and Grubbing 1 Lump Sum $ 27.,08/,6g $ 27a d A1,69
5 Removal of Structures and Obstructions 1 Lump Sum $ 74 6 SD.0 $ 74 6 yd,oa
6 Removal of Unclassified Materials 600 Tons $ Z S,5-6 $ /Z 3 34m
7 Excavation,General 775 CY $ 3/,4/ $ 2¢, 342,7
8 Trail,Concrete Paving(No Shoulder Rock) 1555 SF $ 7.49 $
9 Trail,Concrete Paving(With Shoulder Rock) 6690 SF $ 4,3-F 42,749, ID
10 Concrete Driveways,Reinforced 1005 SF $ /*,L7 $ /¢,24q,as
11 Concrete Sidewalk (Grant Ave) 1855 SF $ 7,81 $ 14,¢87,s s
12 Concrete Pedestrian Approach,Reinforced 172 SF $ /,f,.DO $ 3 O 96.w
(Grant Ave)
13 Curb&Gutter,Concrete 23 LF $ 179,49 $ 24 15,0,-04-
14
SD,O¢14 Driveway Transition,Level 2, 1/2 Inch Dense 202 SF $ 2 3
NIHI\ Ac , Q 9 $ �,84r.Q8
15 Ad)ust Water Dieter Boxes to Grade 2 Each $ z wxy $ Sde,o6
16 Retaining Wall,Prefabricated Modular(with 2' 1 Lump Sum $ 3 la/SU,S7$ 34, 15-0,S7
tall slatted fencing)
17 Retaining Wall,Segmented Modular Block 154 SF $ 06,5-2- $ 39!,6 0, D8
18 Fence,6'Tall Chain Link w/Black Vinyl 125 LF $ 6 7.73 $ 8,466.25
Slatting
19 Fence,4'Tall Chain Link,Black Vinyl Coated 370 LF $ -:79,517 40
20 48 Inch RCP Culvert Pipe 36 LF $ ,7.5-2, .2-7 $ -940-6!,72
21 18 Inch PVC Drainage Pipe 115 LF $ -98,36 $ //'311'40
22 15 Inch RCP Drainage Pipe 40 LF $ 7475 $ .2 B7D.UD
23 8 Inch RCP Drainage Pipe 45 LF $ SS,84
24 Concrete Area Drain,Type 2 1 Each $ /r7/4,06 $ /�7/¢,Da
25 Concrete area Drain,G2 1 Each
26 Manhole,Storm,Pollution Control 1 Each $ g S7:5-7,.Z6 $ S',5s7,Z6
27 Pole Foundations 1 Lump Sum $ 4„6 34,Ep $ ¢�L 34,00
28 Lighting Poles,Fixed Base 1 Lump Sum $ /9,78/,f $ /4!7Bl,6T
BID SCHEDULE
Fanno Creek Trail (Main St to Grant Ave)
Linear Park
Between Main St and Grant Ave
Item
No Description Quantity Unit Unit Price Item Total
29 Luminaires,Lamps,Ballasts 1 Lump Sum $ 9,48/.64 $
30 Switching,Conduit,and Wiring 1 Lump Sum $ 17,7-5 1,6 9 $ 17 73/.6 T
31 Bollard Foundation 1 Lump Sum $ 24 9a4,19d $ �Q6o,yo
32 Accent Light Foundations and Protective Cages 1 Lump Sum $ '5".216 $ S-
J 2 1p"06
33 Illuminated Bollard 1 Lump Sum $ /S�df�B,oo $ /6f668,06
34 Accent Lights 1 Lump Sum $ 34,600,a0 $ 34,606,0 o
35 Tunnel Lights 1 Lump Sum $ /9
j
36 Pavement Marring,Durable,CW-SC 100 SF $ /01: $ 1, 62s-,410
37 Sign in Place(Wl1-15) -Advanced Warning 2 Each $ ;79S,L9 $ 590,00
38 Vegetated Corridor Signage 8 Each $ /37,50 $ /i I De,o0
39 Temporary Project Sign 2 Each $ 3</,so $ 70
40 Vegetated Corridor Planting 1 Lump Sum $ /S ssb;6g$ 1.5-14S58, 6 9
41 Water Quality Swale Planting 1 Lump Sum $ 1117,94,Z9 $ //f 764,6Q
Project Total $ -¢4 7, 817,48
41e
FLUX H&Aib4t; VOR
7",J VOT56W-1,4t( gi-1 THOUSAW,6 ELiWr I(VsIJ>d�&JN 9.4F(/Cu7EGA/fle&t5 4g1/J ollars
BID TOTAL IN WORDS
BIDDER'S CHECMST
1. Submittal of bid security in the amount of 10% of the bid for bids over$10,000
2. ®Acknowledgement of addenda form
3.®Indication of resident/non-resident bidder in the proposal section
4. KSubmittal of first tier sub-contractors disclosure form for projects over$100,000
Requirements #1, #2 And#3 are due at 2:00 PM, requirement#4 is due no later than 4:00 PM on the
bid opening date
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard, within ten
(10) days after receiving the Contract forms, a satisfactory Performance Bond and a satisfactory Payment
Bond each in an amount equal to one hundred percent (100%) of the Contract sum, using the forms
provided by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be
R m e r c�a tj�e clap., -� ��• CD• The Undersigned hereby authorizes said
surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to
supply a Performance Bond and Payment Bond each in the amount of the Contract.
The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City;
that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of
the Undersigned to execute and deliver the above-named Agreement Form, Performance Bond, and
Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing
the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the
Bid Security may become the property of the City at the City's option; but if the Bid is not accepted within
sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely
delivers said Agreement Form,Performance Bond, and Payment Bond, the Bid Security shall be returned.
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted
without collusion with and without any agreement, understanding, or planned common course of action
with any other vendor of materials, supplies, equipment, or services described in the solicitation documents
designed to limit independent bidding or competition; and (2) The contents of the Bid have not been
communicated by the Undersigned or its employees or agents to any person not an employee or agent of
the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such
person prior to the official opening of the Bid.
The Undersigned 9 HAS ❑ HAS NOT (check applicable .status) paid unemployment or income taxes in
Oregon within the past 12 months and 0 HAS ❑ HAS NOT (check applicable status) a business address in
Oregon.
The Undersigned K HAS ❑ HAS NOT (check applicable status) complied with any Affirmative Action
Requirements included within the procurement documents.
The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Undersigned's CCB registration number is TIM with an expiration date of
As a condition to submitting a bid, a Contractor must be registered with the Oregon
Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration
number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected
unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to
the City prior to the beginning of any of the work that the Undersigned 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.
The successful Bidder hereby certifies that all subcontractors who will perform construction work as
described in ORS 701.005(2) were registered with the Construction Contractors Board in accordance with
ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under the contract.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 22 1 P a g e
The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State
of Ore on its Worker's Compensation Insurance provider is J�-��i , Policy
No. S and that Undersigned shall submit Certificates of Insurance as required.
Name of Company: 66f
Company Address: q U l oa tULky e •
M'����+���, OR 4�a�.a
Federal Tax ID: — I I901OX
Telephone: '503 - to 5 4-14 73 N
Fax: JO 6�) -a,333
(SEAL)
I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that
the firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I
understand that I will be required to provide necessary information to a m meets these
qualifications if selected for the subsequent Agreement.
Authorized Signature: r_
Printed Name &Title: �nH�R`S r-bed e r , Raes
Date:
Payment information will be reported to the IRS under the name and federal taxpayer ID number provided
above. Information not matching IRS records or not provided to the City could subject the successful
Contractor to a twenty eight percent (28%)backup withholding.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 23 1 P a g e
ATTACHMENT S
ACKNOWLEDGMENT OF ADDENDA
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
If none received wate `None Received"
1. 7C�t a go 3.
2. 4.
�o
Date
Signature of Proposer
7T(`PS( Vwi—
Tittll�e
(lam
Corporate Name
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 24 P a g e
ATTACHMENT C
BID CERTIFICATIONS
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or for
services, because of race, color,religion, sex,national origin, handicap or age with regard to, but not limited
to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising;
layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of
services. It is further understood that any contractor who is in violation of this clause shall be barred from
receiving awards of any purchase order or contract from the City,unless a satisfactory showing is made that
discriminatory practices have terminated and that a recurrence of such acts is unlikely.
Agreed by: 00�-e-cvm d -r
Firm Name: s,roc-
Address: �c�
()lL 47
Officer's signature:
Type or print officer's name:6C.zeR
2014 ITB-Fanno Creek Trail-Main to Grant Avenue 25 P a g e
ATTACHMENT D
FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
BID #: CIP 2012-92024 BID CLOSING: Date: jWy 16, 2013 Time: 2:00 pm
This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing
date and within two working hours after the advertised bid closing time.
List below the name of each subcontractor that will be furnishing labor or will be furmshing 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. (ATTACH ADDITIONAL SHEETS IF NEEDED).
NAME DOLLAR VALUE CATEGORY OF WORK
1) ,) A c &y%W LL J-1-01 $ 23,0 7 Lab Re4a k o i cb uk, (
2) � R7 C0&LS+rUd-f; k) $ 0e '
3) 1\QAd6M-e &6 1 �6-0�0 � haid&.4p-c'
4) XA1me7 roe- +evoc $ (n.3 fl,,50 -re
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive
bid will not be considered for award. LL
Form submitted by (bidder name):�J ,,lue--
Contact name:0+m Phone #: �
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 26 1 P a g e
ATTACHMENT D
FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
BID #: CIP 2012-92024 BID CLOSING: Date: July 16,2013 Time: 2:00 pm
This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing
date and within two working hours after the advertised bid closing time.
List below the name of each subcontractor that will be furnishing labor or will be fivnishing 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. (ATTACH ADDITIONAL SHEETS IF NEEDED).
NAME DOLLAR VALUE CATEGORY OF WORK
c
1) 1 ,510d, .00
2) $
3) $
4) $
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive
bid will not be considered for award
Form submitted by (bidder name): ��J .SEDC•
Contact name:` ( ;SC MCA e- Phone#:AD9 - 661/43 y
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 26 1 P a e
ATTACHMENT E
BID BOND
CITY OF TIGARD I
FANNO CREEK TRAIL-MAIN STREET TO GR STT AVENUE
We,Greg Schroeder Enterprises,Inc. DBA GSE,Inc. as"Principal;'
(Name of Principal)
and North American Specialty Insurance Company an New Hampshire I Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon, as "Surety,"h by jointly and severally bind
ourselves, our respective heirs, executors, administrators, successors, and ass' s to pay unto the City of
Tigard ("Obligee') the sum of Ten Percent of Total Amount Bid--- and
_ 100 Dollars (;10%of Bid---
WHEREAS,the condition of the obligation of this bond is the Principal has bmitted a bid or proposal
to the Obligee in response to Obligee's solicitation for the project identified as anno Creek Trail-Main St to
Giant Ave,which bid or proposal is made a part of this bond by reference,and Principal is required to
furnish bid security in an amount equal to ten percent(10%) of the total amount of the bid pursuant to the
solicitation document.
NOW, THEREFORE, if the bid or proposal submitted by Principal is tccepted, and if a contract
pursuant to the proposal or bid is awarded to Principal, and if Principal er ters into and executes such
contract within the time specified in the said documents and delivers to Ob 'gee its good and sufficient
Performance Bond and Payment bond required by Obligee within the time fixed by Obligee, there this
obligation shall be void,otherwise,it shall remain in full force and effect
IN WITNESS WHEREOF, we have caused this instrument to be execued and sealed by our duly
authorized legal representatives this 16th day of July 2013
PRINCIPAL•Greg a er s,Inc. DBA SURE'ry; North Americ n Specialty Insurance Company
GS , Inc.
B . BY ATTORNEY IN-FA
Signature
f CCj SG�COe���_ GS. Gloria Bruning
Printed Name&Title Printed e ,
Attest:
Signature
1201 SW 12th Ave.,#500
Address
Portland, OR 97205
City State Zip
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 27 1 P a g e
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg,Illinois,each does hereby make,constitute and appoint:
GENE M.DIETZMAN,GLORIA BRUNING,PHILIP 0.FORKER,RAY M.PAIEMENT,KAREN A.PIERCE,CHRISTOPHER REBURN,
VICKI MATHER,J.PATRICK DOONEY 11,RICHARD W.KOWALSKI,BRENT OLSON, JOEL DIETZMAN and TAMI JONES
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9th of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached"
uunnp��� pts`
ON
By
f SEAL C)= Steven P.AoderaSeniorVice
n,Senior m President of Washington international InsannCompaoy i jr. SEAL
'ME &Senior Vim President of North Amen®o speciality Imnnom Company
............. ,
David n Layman,Vim President of Washington International Insunom Compaq
&Via President of North Amenean specially Insuranm Company
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this3l st day of May 2013
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 31 st day of May ,20 13 ,before me,a Notary Public personally appeared Steven P.Anderson ,Semor Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective pcompanies.
VFRCL LSEAIP
DONNA D.SKIENS ' •�" N �V
Notary Public,State of Illinois Donna D.Sklens,Notary Public
My Commi✓sim El ua 10/molS
1, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 164 day of ��IV ,20/5
Jeffrey Goldberg,Vice President&Assistant secretary of
Washington International Insurance Company&North American Spmalty Ltsurence Company
ATTACHMENT F
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT
FANNO CREEK TRAIL-MAIN ST TO GRANT AVE
THIS CONTRACT, made and entered into this 24''' day of July, 2013, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Greg Schroeder
Enerprises, Inc 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. Clearing and grubbing,removal of structures and obstructions, traffic control.
B. Excavation and embankment for trail construction.
C. Installation of storm drainage pipes and structures.
D. Paving an 8'-10' wide concrete trail surface, concrete driveway approaches, and
sidewalk.
E. Installation of retaining walls and fencing.
F. Permanent striping, signage,and pavement markers along Grant Ave.
G. Vegetated corridor mitigation and water quality swale planting.
H. Project Lighting— OR99W Bridge undercrossmg lighting, lighted bollards, street lights,
base mounted controller cabinet,circuit, and conduit
I. Performance of additional and incidental work as called for by the specifications and
plans.
L 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 requirements, 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 payments 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 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.
3. 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 Conchtions (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
CWS Design and Construction Standards 07-20
Manual on Uniform Traffic Control Devices (MUTCD)
Electrical Service Requirements PGE—Current Volume
5. City's Representative
For purposes hereof, the City's authorized representative will be Kim McMillan, P.E.,
Engineering Manager, who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon
97223;by telephone: (503) 718-2642, or via email at kun&iQa1d-oror.gov.
6. Contractor's Representative
For purpose hereof,the Contractors authorized representative will be Greg Schroeder.
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 Four Hundred Forty Seven
Thousand Eight Hundred Seventeen and 00/100 Dollars ($447,817.48) 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.
B. 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 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.
C. 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 hens, the Contractor may submit in heu 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 parry) 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 parry) as a result of said finding.
B. 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.
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 hen 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 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.
C. 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 famishing 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.
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.
13. Contractor's Employee 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)udtcial 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 flus Agreement.
C. 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. Tlus 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,
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 fads 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 Propertyof 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.
C. As provided by ORS 279C.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
➢ Agriculture
• Department of Forest Service
• Soil Conservation Service
➢ Defense
• Department of Army Corps of Engineers
➢ Energy
• Department of Federal Energy Regulatory Commission
➢ Environmental Protection Agency
➢ Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
➢ 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
➢ Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Admnustration
➢ Transportation,Department of
• Coast Guard
• Federal Highway Administration
➢ Water Resources Council
STATE AGENCIES
➢ Administrative Services,Department of
➢ Agriculture,Department of
➢ Columbia River Gorge Commission
➢ Consumer&Business Services,Department of Oregon Occupational Safety&
Health
➢ Division
➢ 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
➢ Land Conservation and Development Commission
➢ Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
➢ State Engineer
➢ State Land Board
➢ Water Resources Board
LOCAL AGENCIES
➢ City Council
➢ County Court
➢ County Commissioners,Board of
➢ Port Distracts
➢ Metropolitan Services Districts
➢ County Service Districts
➢ Sanitary Districts
➢ 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 nor 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, unusually severe weather or delay of Subcontractor or suppliers due to
such cause;provided that the party so disenabled shall within ten (10) days from the beginning
of such delay, notify the other party in writing of the causes of delay and its probable extent.
Such notification shall not be the basis for a claim for additional compensation. Each party
shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or
default and shall, upon cessation of the cause, diligently pursue performance of its obligation
under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the
terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any
future occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this contract.
23. Attorney's Fees
In case suit or action is instituted to enforce the provisions of flus contract, the parties agree
that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees
and court costs including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any questions ansing under this
Agreement must be brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the proposal of the Contractor, this
instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and
local laws,it being understood that acceptance of a contractor's work by City shall not operate
as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and
hold them harmless from any and all liability, causes of action, claims, losses, damages,
judgments or other costs or expenses including attorney's fees and witness costs and (at both
trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by
any person or entity which in any way arse from, during or in connection with the
performance of the work described in this contract, except liability arising out of the
negligence of the City and its employees. If any aspect of this indemnity shall be found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract Such insurance shall cover all risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's
expense, and keep in effect during the term of this contract, Comprehensive General
Liability Insurance covering Bodily Injury and Property Damage on an "occurrence"
form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract The following insurance will
be carried:
Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fite Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's
expense, and keep in effect during the term of the contract, "Symbol 1" Commercial
Automobile Liability coverage including coverage for all owned, hired, and non-owned
vehicles.The Combined Single Limit per occurrence shall not be less than $2,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject
employers under the Oregon Workers' Compensation Law and shall comply with ORS
656.017,which requires them to provide workers' compensation coverage that satisfies
Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single
location within Oregon for more than 30 days in a calendar year. Contractors who
perform work without the assistance or labor of any employee need not to obtain such
coverage." This shall include Employer's Liability Insurance with coverage limits of
not less than$100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All
Liability Insurance policies will be endorsed to show this additional coverage.
E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten
by an insurance company deemed acceptable by the City. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Certificates of Insurance: As evidence of the insurance coverage requited by the
contract, the contractor shall furnish a Certificate of Insurance to the City. No
contract shall be effected until the required certificates have been received and
approved by the City. The certificate will 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.
I. Cross-Liability Clause: A cross-habihty clause or separation of insureds clause will be
included in all general liability, professional liability,pollution and errors and omissions
policies required by flus 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: Office of Risk Management
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 GREG SCHROEDER ENTERPRISES,INC
Attn: Kim McMillan,P.E.,Engineering Mgr Atm: Greg Schroeder
Address: 13125 SW Hall Blvd Address: 9812 SE Wichita Ave
Tigard,Oregon 97223 Mdwaukie OR 97222
Phone: (503) 718-2642 Phone: 503-654-4734
Fax: (503) 624-0752 Fax: 503-652-2333
Email: kim@tieard-or.gov Email: (insert address)
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 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 survey 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
In the event any provision or portion of this Agreement is held to be unenforceable or invand
by any court of competent jurisdiction, the remainder of this Agreement shall remain in frill
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.
Approved by Tigard's Local Contract Review Board:July 23,2013
CITY OF TIGARD GREG SC R ENTERP ,INC
Signature Signature
Printed Name&Tide Pnnte ame&Title
Date Date
- •J
ATTACHMENT G
PUBLIC IMPROVEMENT CONTRACT-PERFORMANCE BOND
CITY OF TIGARD,OREGON
FANNO CREEK TRAIL—MAIN ST TO GRANT AVE
Bond Number. 2173453
Project Name: Fanno Creek Trail-Main St to Grant Ave
North American Specialty Insurance Com n
urety#1) Bond Amount No. 1: $447,817.48
(Surety#2)* Bond Amount No.2:* $
*Yu618 i A Xple suirties Total Penal Sum of Bond: $447,817.48
We, Greg Schroeder Enterprises, Inc. as Principal, and the above identified
Surety(es), authorized to transact surer- 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)Four Hundred Forty Seven Thousand Eight Hundred Seventeen&48/100--($447,817.48) (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 Surely),and
WHEREAS, the Principal has entered into a contract%x ith the City of Tigard, the plans, specifications, terms,
and conditions of which are contained 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 terns 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
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 431 P a a e
s
of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or
to the spccifications.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUIMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 1st day of August 2013
PRINCIPAL: Greg erprises,Inc.
Signature
Printed Name&Tide
Attcst:
SURETY: North American Specialty Insurance Company
(Add signuliimsfor each saret�y if wing muhipk bonds)
BY ATTORNL EY-IN-FACT:
(Poarr-of-Allom y mast acma part'each.rawly bond]
Gloria Bruning
Name
�V4 U34UAA
Signatule
1201 SW 12th Ave.,#500
Address
Portland,OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 44 P a g e
ATTACHMENT H
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
CITY OF TIGARD,OREGON
FANNO CREEK TRAIL—MAIN ST TO GRANT AVE
Bond Number.2173453
Project Name. Fanno Creek Trail-Main St to Grant Ave
North American Specialty Insurance Com an ty#1) Bond Amount No. 1: $447,817.48
l(Surety##2)* Bond Amount No.2:* $
*Ifurin�g wul4pi a.nnrliet Total Penal Sum of Bond: $447,817.48
Ape, . Greg Schroeder Enterprises,Inc. as Principal, and the above identified
Surety(tes), 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)Four Hundred Forty Seven Thousand Eight Hundred Seventeen&48/100---($447,817.48) (Provided, that we
the Sureties bind ourselves in such sum "jointly and several])'' as well as "sevc7ally'' 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 die Principal, for the pa}-ment of such sum only as is set forth opposite the name of
such Surety),and
WHEREAS, the Principal has entered into a contract v6th 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 pan 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 of 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 die 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
2014 ITB —Fanno Creek Trail—.'Main to Grant Avenue 45 1 P a g e
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.
Nonpayment of the bond premium will not invalidate this bond nor shall die 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 arc 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 REPRESENTA'T'IVES.
Dated this 1st day of August 2013
PRINCIPAL: Greg Schroed terprise
By:�' —
Signature
Printed Name&Title
Attest:
SURETY: North American Specialty Insurance Company
(e?dd tignuwne for each.racy if er ring imrlliple bond
BY ATTORNEY-LN-FACT:
(Postr-ofAflonig inurt aemwpany eaeb Xray bona
Gloria Bruning
Name
Signature
1201 SW 12th Ave.,#500
Address
Portland,OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
2014 ITIS–Fanno Creek Trail–Main to Grant Avenue 461 P a g e
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg,Illinois,each does hereby make,constitute and appoint:
GENE M.DIETZMAN,GLORIA BRUNING,PHILIP O.FORKER,RAY M.PAIEMENT,KAREN A.PIERCE,CHRISTOPHER REBURN,
VICKI MATHER,J.PATRICK DOONEY II,RICHARD W.KOWALSKI,BRENT OLSON, JOEL DIETZMAN and TAMI JONES
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9t'of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
rallmin
rr
�►ttoNk
, ccCCAA11' :s Byavcipti.
gg�• ir�/'LL �� Steven P.Anderson,Senior Vice President or Washington loternatlonal lostinnce Company = SEAL`
t r &Senior Vlce President or North American Specialty insurance Company 6f t
�nuu► By '
David M.Layman,Vice President of Washington Ineernational Lmoranee Compaq
&Vice President of North American Specialty Imursnce Compaq
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this3I st day of May 2013 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 31St day of May 201 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OFFIQALSEAL" koww �0_6j6w,4
DONNA D.SKLENS
NotaryFablic.SuteofMwh Donna D.Sklens,Notary Public
M Canmitt�u 10105/1015
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this day of ffUG�U St ,20 ,
Jeffrey Goldberg•Vice President&Assistant secretary of ',.k
Washington International Insurance Company&North AmericanSpeiadry Lisvrance Company
ATTACHMENT I
SUPPLEMENTARY GENERAL CONDITIONS
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
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 —
The Engineer will resolve any discrepancies between these documents in the following order of precedence:
❑ Contract Change Orders;
❑ Special Provisions;
❑ Agency-prepared drawings specifically applicable to the Project and bearing the Project title;
❑ Reviewed and accepted, stamped Working Drawings;
❑ Standard Drawings;
❑ Approved Unstamped Working Drawings;
❑ Supplemental Specifications;
❑ Standard Specifications; and
❑ All other contract documents not listed above
Notes on drawing shall take precedence over draining details.
Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled dimensions.
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".
2014 ITB —Fanno Creek Trail.—Main to Grant Avenue 47 1 Pa o e
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."
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 Allowances for Materials Left on Hand—
Delete entire section.
Section 199.40 Claims Decision Review—
Delete entire section.
2014 ITB —Panno Creek Trail—Main to Grant Avenue 481 P a e
ATTACHMENT J
SPECIAL PROVISIONS
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
The Special Provisions contained herein have been prepared by or under the direction of the following
Registered Engineer.
AN.ID PRPr.;='ti
w 14,34
Kum McMillan, P.E. !
Ob
YSAR�►�
WORK TO BE DONE
The Work to be done under this Contract consists of constructing approximately 1200.1ineal feet of 8'-10'
wide concrete trail from Main Street to Grant Avenue shown on plans entitled:
CITY OF TIGARD OREGON
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
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 and on the plans. 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.
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—
Comply with Section 00150 of the Standard Specifications supplemented and/or modified as follows.
00150.15 Construction Stakes, Lines, and Grades —
(a) General—Replace "Engineer"with "Contractor's Surveyor". Add the following bulleted
item:
• The contractor will be responsible for hiring the licensed project surveyor.
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 491 P a g e
(b) Agency Responsibilities —Delete bulleted items 1-4. Add the following bulleted item:
❑ Engineer will provide Contractor AutoCad 2012 Civil 3D project files for surveying
purposes.
(c) Contractor Responsibilities
Replace this subsection with the following:
D Coordinate construction to provide sufficient area for the Surveyor to perform
surveying work efficiently and safer;
❑ Accurately measure detailed dimensions, elevations, and Slopes from the Surveyor's
stakes and marks;
❑ Perform the Work in such a manner as to preserve stakes and marks; and
❑ Set any reference lines for automatic control from the control stakes provided by the
Surveyor.
❑ 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.
Expected Survey Construction Staking Services include:
❑ Verify,-existing control monuments.
❑ Set horizontal control ports in the protect area as necessary.
❑ Set project benchmarks as necessary.
❑ Mark wedand locations per plan.
❑ Clearing Limits: provide one set of stakes to define clearing and grubbing limits.
❑ Verify stripping limits.
❑ Rough Grading: provide on set of stakes offset to centerline of path at 50'intervals.
❑ Subgrade Verification: asbuilt centerline of path at 50'intervals prior to placement of
aggregate base.
❑ Pathways:provide one set of grade stakes offset to centerline of pathway at 25'
intervals,grade breaks, and curve geometry points.
❑ Storm Drain: stake locations of structures,main line and provide offsets with cuts to
flow line and finish grade.
❑ Project Asbuilting:
❑ Concrete and asphalt pathways: horizontal and vertical elevations at centerline of
Pathway at 50'intervals,grade breaks, and curve geometry points for A.D.A.
verification.
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.
2014 ITB—ranno Creek Trail—Main to Grant Avenue 50 1 P a j e
00150.50 Cooperation with Utilities—
Add the following:
(� 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 underground 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) at the expense of the Contractor.
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 underground pipeline, conduit, duct, wire or other structures. The
Contractor shall be solely responsible for maintaining utility locate markings until protect
construction is complete.
The Contractor shall also noafl, 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 (un the judgment of the engineer) for the operation of these
utilities.
The following information is included for the Contractor's convenience:
Utility Notification Center 503-246-6699 or 800-332-2344
Utili Agency 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
Margaret Porter 503-372-1383
Damage & Repair 503-617-1212
Telephone Frontier 24-hour 1-877-462-8188
Larry Wheeler 503-512-9356
Telecom Time Warner David Miner 503-416-1522
Mark Gubrud 503-701-9167
Integra Telecom Robert Davidson 503-453-8247
Verizon Business Brad Landis 425-201-0901
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.
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 51 J P a o e
Section 00170—Legal Relations and Responsibilities—
00170.02 Permits, Licenses, and Taxes —
Add the following-
The Contractor shall be responsible to assist with the preparation of Building Permit
applications.
1. Building Permit Application—Site Work
2. Electrical Permit Application
Permit fee applications will be paid for by the City.
00170.03 Furnishing Right of Way and Permits —
Add the following:
The Agency shall be responsible for obtaining the following permits:
1. City of Tigard Land Use Approvals.
2. Stormwater Connection Authorization from CWS.
3. City Issued Erosion Control Permit.
4. Applicable Building Permits.
5. ODOT Right-of-Way Permit.
G. Contract fee payment to BOLI.
00170.80 Responsibility for Damage to Work —
Replace subsection (a) with the following:
(a) Responsibility for Damage in General—
The Contractor shall perform Work, and furnish Materials and Equipment for incorporation
into the Work, at the Contractors own risk, until the entire Project has been completed and
accepted by the City.
The Contractor shall provide 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.
Contractor shall repair all damages to Work performed, Materials supplied, and
Equipment incorporated into the Work,except as otherwise provided in this Section.
Section 00180 -Prosecution and Progress—
00180.50 Contract Time—
Add the following.
Work to be done under this project must be completed within 90 days of issuance of the
Notice to Proceed.
00180.85 Failure to Complete on Time;Liquidated Damages —
Add the following sentence to the end of subsection (b):
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 52 1 P a j e
The liquidated damages for failure to complete the work on time as required by 00180.50 (h)
is $500 per calendar day.
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.
■ Pedestrians and all others shall be protected from moving equipment, open trenches,
falling objects, and all other hazards associated with construction.
■ The City will notify residents and businesses 72 hours in advance that their access to and
from public streets unll be affected by the work. The City will supply to the Contractor
copies of notification forms distributed.
■ Streets shall not be closed during construction. Closure of any traffic lane requires
advanced approval from the City. The City also ' reserves the right to restrict work for
specific holidays or events.
• Prior to implementing any lane closures, contractor must obtain cite 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.
■ Do not place work zone signs or supports that will block existing walkways.
■ 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 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.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 53 111 a a c
o Emergency Services 911
o City of Tigard Police Department (Non-Emergency) 503-629-0111
o Tualatin Valley Fire& Rescue Station 51 Qohn Wolff) 503-259-1504
o United States Post Office (Non-Emergency Services) 503-968-0753
or 503-968-2991
o United States Post Office (Emergency Services) 866-261-6412
o Tigard-Tualatin School District Qean Devenport) 503-431-4046
o First Student Bus Transportation. Qoanne Ktrkbnde) 503-431-2345
o Tn-Met—Road Operations 503-962-8117
o Pride Disposal (Lottie Schmidt) 503-625-6177 Ext 129
00220.03 Work Zone Notification—
Add the following:
(e) Property Owner Notification —City to hang written notices on the door handles of all
properties within 200 feet of the work zone, on Grant Avenue and Main Street, three days
before starting the work.
00220.40 General Requirements—
Replace the paragraph in subsection (e) that begins "Do not close any..."with the following.
(e) Lane Restrictions - Lane closures (such as flagging two-way traffic through one
available lane) on Main Street shall not be allowed before 9:00am or after 3:00pm Monday
through Friday.
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 00225—Work Zone Traffic Control—
00225.90 Payment—Remove subsection (a) and (c) from this subsection. Add the following sentence
to the last sentence under subsection (b).
A traffic control plan (TCP) must be submitted and approved prior to commencement of
work.
Section 00280—Erosion and Sediment Control—
Comply with this Section 00280 of the Standard Specifications supplemented and/or modified as follows:
00280.00 Scope: Add the following to the end of the first paragraph:
The Contractor shall provide and maintain erosion and sedimentation control measures in
accordance with the requirements and guidelines of the Clean Water Services (CWS) and as
shown on the plans.
The Contractor shall inspect the control measures daily and upgrade them as needed or as
directed. The Contractor shall maintain such control measures until permanent cover is
established and shall remove them when they are no longer required. Any upgrades to control
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 541 P a g e
measures shall be considered incidental to the pay item for Erosion and Sedimentation
Control.
Sediment and Erosion Control Items include,but may not be limited to the follow-mg.
❑ Sediment control fencing and gravel construction entrance.
E Biobag unlet protection,or silt sack inserts.
Straw check dams and straw wattles.
Tree Protection Fencing shall be included in this section. Trees to be retained shall be
protected as shown on the plans and for the duration of the project.
The Contractor shall inspect the tree protection measures daily and upgrade them as needed or
as directed by the project arbonst. The Contractor shall maintain such control measures until
the project is complete. Any upgrades to tree protection fencing measures shall be considered
incidental to the pay item for Erosion and Sedimentation Control.
Payment for tree protection shall be included in the lump sum payment for Erosion Control.
Section 00290—Environmental Protection—
Comply with Section 00290 of the Standard Specifications supplemented and/or modified as follows:
00290.32 Noise Control—Replace the first bullet in this subsection with the following.
❑ Confine operation of equipment to 7:00 a.m. through 5:00 p.m. Mondav through Fnday.
The Engineer/City may allow weekend work if it is found to be in the best interests of the
public.
Section 00310—Removal of Structures and Obstructions—
Comply with Section 00290 of the Standard Specifications supplemented and/or modified as follows:
00310.01 Areas of Work—Replace with the following:
Perform all work per the standard specifications. Items listed to be completed under this
section include, but are not limited to:
Grant Avenue:
❑ Removal of existing asphalt driveways in front of PGE Substation and property located
at 12330 SW Grant Avenue for new sidewalk and driveways.
❑ Removal including sawcutting of sidewalk along Grant Avenue to match new sidewalk.
❑ Removal of curb along driveways as indicated on the Drawings.
❑ Removal of signs and sign posts
❑ Removal of storm drainage structures and pipes per plan as necessary for new
construction.
❑ Adjusting water meter boxes to match finish grade of sidewalk or embankment grade.
❑ Removal of existing mailboxes and posts affected by sidewalk construction.
Onsite:
❑ Removal of chain luck fence on Woodard Park Apartment property
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 55 1 P a a e
❑ Removal and disposal of tractor tires on Woodard Park Apartment property near trail.
Removal including sawcuttung of the existing 8'wide concrete trail for snatch of
proposed trail.on City property adjacent to Morlan property.
❑ Removal of asphalt pathway from Main St to Morlan Property
Removal of gravel berm on city property and as identified on Woodard Park
Apartment property within limits of construction area.
Removal of storm drainage structures and pipes per plan as necessan, for new
construction.
Removal of other material as directed.
C Removal of concrete and asphalt construction debris and other man-made objects
within the vicinity of the pathway alignment as identified by the project Engineer in the
field. These materials shall be considered "Unclassified Material" per section 00310.92.
00310.80 Measurement—Remove the subsection"Separate Item Basis" and replace with the
following:
❑ Separate Item Basis - Under this method, the quantities of work performed shall be
measured on a per Ton basis. Material removed shall be approved by the Engineer in the
field prior to transport.
00310.91 Lump Sum Basis—Remove the entire section and replace with the following:
The pay item"Removal of Structures and Obstruction" shall include the items listed in
section 00310.01.
00310.92 Separate Item Basis—Remove the entire section and replace with the following.
The pay item "Unclassified Material" shall include the removal of all concrete and asphalt
construction debris and other man-made objects within the vicinity of the pathway alignment
as identified by the project Engineer in the field.
Payment for"Unclassified Material" shall be on a per Ton basis.
Section 00320—Clearing and Grubbing—
Comply with Section 00320 of the Standard Specifications supplemented and/or modified as follows:
00320.02 Definitions: Modify the subsections as follows:
(a) Clearing—Add the following bullets
❑ Prior to construction of embankment or new paved trail, contractor shall prepare
subgrade by stepping 6"vegetation and removing organic topsoil. Stnppings shall be
greater than 6"where thicker organic deposits are encountered or where tree stumps
need to be removed.
u Downed trees within the trail alignment shall be removed from the project site.
❑ Cutting of trees identified on Tree Removal/Protection plan. Fallen trees to be moved
outside of the trail corridor and remain onsite for wildlife habitat.
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(b) Grubbing—Add the following bullets
C Removal of vegetation within the grading limits of the project. Vegetation including:
grass, blackberry bushes,ivy, weeds).
00320.42 Ownership of Disposal of Matter: Replace the sentence with die following:
All materials removed or generated as a result of the clearing and grubbing work shall be
properly disposed of off the project site at a location furnished by the Contractor.Dispose of
this matter and debris according to 00290.20 (c).
Section 00330—Earthwork—
Comply with Section 00330 of the Standard Specifications supplemented and/or modified as follows:
00330.02 Definitions—Replace with the following.
General Excavation—Includes all earthwork,including excavation and embankment,in all
areas of the project including roadway (Grant Avenue), trail,ditching and drainage location with
the exception of the retaining wall earthwork which can be found under 00596.41. All excess
material shall become property of the Contractor and shall be legally disposed of offsite.
00330.42 Embankment Fills,and Backfills—Add the following to the end of the first paragraph:
Embankment material shall be of quality suitable material, free of organic matter or other
unsatisfactory material and shall be used for all portions of trail where subgrade elevations need
to be raised to accommodate the trail section.
00330.90 Payment—Replace the first sentence with the following.
Payment for all excavation and backfill,regardless of material, shall be paid for on a cubic yard
basis under the"General Excavation' bid item,including embankment.
Section 00331—Subgrade Stabilization—
Comply with Section 00331 of the Standard Specifications supplemented and/or modified as follows:
00331.90 Payment—Payment for geotextnle fabric will be included in "Concrete Trail."
Section 00390—Riprap Protection—
Comply with Section 00390 of the Standard Specifications supplemented and/or modified as follows:
00390.44 Riprap - Delete the following subsection and replace with the following:
(e) Riprap Basins —Excavate, backfill and construct riprap basins at pipe outlets,identified
on the construction drawings,using Class 50 riprap.
Section 00405—Trench Excavation, Bedding and Backfill—
Comply with Section 00405 of the Standard Specifications supplemented and/or modified as follows:
00405.41 Trench Excavation- Add the following-
2014
ollowing2014 ITB —Fanno Creek Trail—Main to Grant Avenue 571 P a a e
(b) Open Trench Limit—Replace paragraph with the following:
No trenches,within the right-of-ways, shall be left open overnight wid-iout protective
measures. All trenches shall be backfilled or covered with steel plates at the end of each
working day.
00405.90 Payment—Replace as follows:
(e) Trench excavation and backfill shall be considered incidental to the pipe installation.
Section 00440- Commercial Grade Concrete—
Comply with Section 00440 of the Standard Specifications modified as follows:
00440.10 Materials -In the list of materials, delete the "Aggregates....02690" line.
00440.13 Field-Mixed Concrete -Replace this subsection,except for the subsection number and tide
with the following.
CGC mixed work items listed in 00440.14(a) may be field mixed conventionally, or by
volumetric/mobile mixers conforming to ASTM C 685.
When approved,concrete sidewalks,,and other flat concrete surfaces may be field mixed using
volumetric/mobile mixers conforming to ASTM C 685.
00440.14(b) Delivery Tickets -Replace the last sentence with the following
Delivery tickets are not required for field-mixed concrete except when volumetric/mobile
mixers are used.
Section 00442- Controlled Low Strength Materials—
Comply with Section 00442 of the Standard Specifications.
Section 00445—Sanitary, Storm, Culvert,Siphon,and Irrigation Pipe—
Comply with Section 00445 of the Standard Specification.
Section 00470—Manholes,Catch Basins,and Inlets—
Comply with Section 00470 of the Standard Specifications and modified as follows:
Catch basins in Grant Avenue sidewalk shall have solid, skid-resistant lids per plan.
Section 00596—Retaining Walls—
Comply with Section 00596 of the Standard Specifications and modified as follows.
00596.10 Materials—Add the following to the last sentence of the subsection:
(c) Proprietary Retaining Wall Systems—The retaining walls shall be the LOCK-BLOCK®
Retaining Wall System manufactured by Ultrablock,Inc. or approved equal. This retainmg wall
will be paid for under the"Retaining Wall,Prefabricated Modular Block" bid item.
2014 ITB—ranno Creek Trail—Main to Grant Avenue 58 1 P a j e
The second type of retaining wall shall be Keystone®Standard Series II blocks, or approved
equal and shall be paid for under the "Retaining Wall,Segmented Modular Block.
00596.41 Excavation, Backfill,and Compaction Requirements -Replace the following subsection as
follows:
(b)Testing-Refer to the geotechnical evaluation, for testing requirements with regards to the
Prefabricated Modular Block Wall.
00596.80 Measurement-Add the following to the end of the section:
I Prefabricated Modular � Segmented Modular
Item — _ - Block Wall Block Wall
Length
_(Ln_ 170 47
r Area (SF) 955 154
00596.90 Payment-Delete existing lines and modify the items as follows:
(c) Retaining Wall,Prefabricated Modular ...................................... Lump Sum
(f) Retaining Wall,Segmented Modular Block ................................. Square Foot
Excavation below elevation shown and backfill shall be paid for according to 00331.90.
Section 00640-Aggregate Base and Shoulders-
ComplV with Section 00640 of the Standard Specifications modified as follows.
00640.90 Payment-Replace this subsection with the following.
The aggregate material for the structure section and trail shoulders,whether 3/4"-0 or 1-1/2"-
0 size shall be paid for as incidental to the "Concrete Trail" or"Concrete Driveway and
Sidewalk (Grant Avenue)."As referred to under Section 00759 -Miscellaneous Portland
Cement Concrete Structures.
Section 00744-Minor Hot Mixed Asphalt Concrete (MHMAC)-
Comply with Section 00744 of the Standard Specifications modified as follows.
00744.80 Measurement-Measurement for Minor Hot Mixed Asphalt Concrete will on a an square
foot basis and includes aggregate base and shoulder construction.
00744.00 Payment-Replace this subsection,except for the subsection number and tide,with the
following.
Payment for Minor Hot Mixed Asphalt Concrete will on a square foot basis and includes
aggregate base. The estimated quantity for this work is 202 square feet for the driveway
transition on Grant Avenue.
Section 00759-Miscellaneous Portland Cement Concrete Structures-
Comply with Section 00759 of the Standard Specifications supplemented and/or modified as follows:
2014 ITB -Fanno Creek Trail-Main to Grant Avenue 591 P a e
Add the following subsection:
00759.13 High Early Strength for Driveways—Furnish HPC5000 high early strength concrete mix
design for driveways meeting the requirements of Section 02001 and the following.
LI Achieved minimum strength of 3000 psi in 34 hours
Li Test cylinders at 34 hours according to Section 02001 and provide results immediately to
agency.
n 3/4 inch nominal maximum aggregate size
❑ Water reducing and retarding chemical admixtures shall be limited to ASTM C 494 Types
A,B,and D.
❑ Accelerating chemical admixtures shall not be used
Add the following subsection:
00759.80 Measurement-Add the following to the "Area Basis" bulleted item.
The concrete trail regardless of width or the inclusion or absence of shoulders shall be
measured on a square foot bases based on the limits of the concrete. All shoulder rock,
aggregate base,and geotextile fabric shall be included as incidental to the "Concrete Trail' bid
item.
00759.90 Payment—Add the following pay item to the list
(k) Concrete Trail .................................................................... Square Foot
Item (k) "Concrete Trail' shall include both trail segments with and those without gravel
shoulders.
Item (d) "Concrete Driveways,Reinforced shall be constructed with High Early Strength
Concrete per section 00759.13.
Add the following paragraphs to the end of this section:
Pavment for"Concrete Trail' shall include concrete pavement,base aggregate,geotextile fabric
and shoulder rock material associated with the trail construction.
Section 00855—Pavement Markers—
Comply with Section 00860 of the Standard Specifications
Section 00865—Longitudinal Pavement Markings—Durable—
Comply with Section 00865 of the Standard Specifications
Section 00920—Sign Support Footings—
Comply with Section 00920 of the Standard Specifications and details identified in the contract plans.
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 60 1 P a g e
Section 00930—Metal Sign Supports—
Comply with Section 00930 of the Standard Specifications and details identified in the contract plans.
Section 00940—Signs—
Comply with Section 00940 of the Standard Specifications and details identified in the contract plans, except
as modified below.
00940.80 Measurement- Delete the first sentence and replace with the following:
The quantities of signs will be measured on an each basis. Dimensions are per ASHTO
guidelines or arc called out on the plans and as follows:
Vegetated Corridor Signage -Are available from Clean Water Services standard 12" x 18"
signs,available at Clean Water Services Headquarters Building in Hillsboro, Oregon.
Project Sign-Install two 4'x6'signs per the contract plans.
Section 00950 Removal of Electrical Systems—
Comply with Section 00950 of the Standard Specifications modified as follows:
00950.02 Definitions -Add the following after the electrical systems definition:
The electrical system(s) to be removed under this Contract include:
❑ Existing remote service pedestal and meter base.
❑ Three street lights along sidewalk in Mam Street City Park
Section 00960 Common Provisions for Electrical Systems—
Comply with Section 00960 of the Standard Specifications modified as follows:
00960.41(f) Disposition of Waste Materials -Replace this subsection with the following subsection:
00960.41(f) Disposal of Materials -Dispose of all materials according to 00290.20.
00960.42 Conduit—Add the following subsection:
00960.42(m) Tunnel Illumination Conduit-All conduit above grade in the tunnel structure shall be Rigid
Galvanized steel with fittings. All runs shall be completed, cleaned, and free from foreign matter
inside before the conductors are drawn in. During the installation,raceways are to be plugged
or capped to prevent the entrance of foreign materials.
00960.45 Cable and Wire-In the paragraph that begins "Pull all w-ire...",replace the sentence that begins
"Pull all wire..."with the following sentence:
Pull allwire and cable by hand and on a straight line with the conduit opening to prevent
damage to wire and cable installation.
Section 00962-Metal Illumination and Traffic Signal Supports—
Comply with Section 00962 of the Standard Specifications modified as follows:
2014 ITB —Fanno Creek Trail—Maim to Grant Avenue 611 P a g c
00962.00 Scope—Add the following to the end of this section:
Work also includes furnishing, fabricating, and installing materials for illuminated bollards.
00962.10 Materials -Add the following to the end of the material list:
High-Strength Fasteners............................... 02560.20
00962.41(b) Disposition of Waste Materials -Replace this subsection with the following subsection:
00962.41(b) Disposal of Materials-Dispose of all materials according to 00290.20.
Section 00970-Highway Illumination—
Comply with Section 00970 of the Standard Specifications modified as follows:
00970.00 Scope -Replace this subsection, except for the subsection number and title,with the following.
In addition to the requirements of Section 00960, Section 00962,and Section 02926,install
highway illumination according to the following Specifications.
Add the following subsection:
Furnish and install the Roadway Illumination System (shown on sheet II.-03) according to the
requirements and standards of Portland General Electric (PGE) Option B. Use the approved
materials that are listed on the most current PGE Approved Street Lighting Equipment
List. Comply with Section 00970 of the Standard Specifications modified as follows unless it
conflicts with PGE requirements. The most current equipment list may be found at the
following PGE website:
http•//www nordandgeneral corn/safety outages/safety/outdoor lighting/docs/light
ing equipment.pdf
PGE will inspect the Roadway Illumination System.After PGE has accepted the illumination
system installed by the Contractor,PGE will install the cables and wires between the PGE
junction boxes.
Furnish and install the Accent Lighting,Tunnel,and Bollard Illumination System according to
the requirements of this section.
00970.42 Cable and Wire—Add the following paragraph:
Accent lighting cables are not rated for embedment in concrete. Cables shall be fed through
galvanized steel electrical conduit.
Add the following subsection:
00970.46 Underpass and Tunnel Lighting
Luminaire placement and orientation shall be verified in the field by the engineer.
2014 ITB —Fanno Creek Trail.—'Mam to Grant Avenue 621 P a g c
Ground mount accent lighting luminaires shall be mounted to a 24"x24"x12" concrete pad with
tamper-resistant concrete anchors. Ground mount luminaires shall be covered with an
18"xl8"xl8" field fitted galvanized metal protection cage bolted to the concrete pad with
tamper-resistant concrete anchors.
Column mounted accent lighting luminaires shall be bolted to the bridge support column with
tamper-resistant bolts. Column mount luminaires shall be covered with a custom galvanized
metal protection cage bolted to the bridge column with tamper resistant concrete anchors.
Protection cages shall fully cover and completely prevent access to luminaires. Placement of
protective cages shall be venfied in the field by the engineer.
00970.50 Grounding and Bonding—Add the following.
In addition to the requirements of 00960.50 and 00962.50,ground and bond metal illumination
poles and high mast towers according to the following:
Install 1 inch non-metallic conduit from the pole base to the concrete and polymer concrete
junction box at each pole. Install a ground rod in each junction box and install No. 6 AWG
copper ground wire from the ground stud in the pole base to the ground rod in the junction
box.The ground rod may be installed in the same junction box that provides illumination
circuitry to the pole,however,provide a separate and independent conduit for the ground wire.
Bond all metal conduit and metal junction box covers,if used, together to the ground rod.
On the inside of high mast tower shafts,weld a 1/2 inch Type 308, 309,or 310 threaded
stainless steel stud for a grounding lug. Locate the grounding lug 90 degrees from and level
with the bottom of the handhole.
00970.80 Measurement-In the paragraph that begins "The estimated quantities of...",replace the
sentence that begins "The estimated quantities of..." with the following sentence:
The quantities of lights and illuminated bollards are listed on the Project Plans.
00970.90 Payment -Add the following pay items:
(h) Bollard Foundations Lump Sum
(i) Accent Light Foundations and Protective Cages Lump Sum
0) Illuminated Bollard Lump Sum
(k) Accent Lights Lump Sum
(1) Tunnel Lights Lump Sum
Add the following.
Item (b) also includes banner arms, tie down brackets,flower basket brackets,bases,and
irrigation equipment.
Item (f) also includes payment for furnishing,installing,and testing the accent light control
system,including controller,control cables, junction boxes,and other accessories.
Item (h) includes all concrete foundations for bollards.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 63 1 P age
Item (i)includes all concrete foundations and galvanized metal protection cages for both
ground and column mounted accent lights.
Item 0)—Contractor to supply City with 6 additional lighted bollards (nor installed) for
replacement purposes.
Item (k)—Contractor to supple City with 2 ground mounted luminaires,2 column mounted
luminaires, two wall mounted luminaires for replacement purposes.
Section 01040—Planting—
Comply with Section 01040 of the Standard Specifications modified as follows:
01040.00 Scope: Replace this section with the following;
This work consists of the planting and associated work as shown on the construction plans.
See drawings for specifications regarding planting and related activity. Drawing specification
shall supersede section 01040 of the Standard Specification if a conflict occurs.
Section 01050—Fences—
Comply with Section 01050 of the Standard Specifications and details shown on Drawings.
Section 01070—Mailbox Supports—
Comply with Section 01070 of the Standard Specification modified as follows:
Add the following subsection:
01070.15 Support Material—Supports shall be 4x4 pressured treated lumber per drawing details
01070.90 Payment—Replace this section with the following
Mailbox support,removal and installation is considered part of the "Removal of Structures
and Obstructions" bid item.
Section 02030—Modifiers—
Comply with Section 02030 of the Standard Specifications modified as follows:
02030.10 Fly Ash- Replace this subsection with the following subsection:
(a) Furnish Class C, Class F, or Class N fly ash from the QPL and meeting the requirements
of AASHTO M 295 (ASTM C 618).
Section 02050 Curing Materials—
Comply with Section 02050 of the Standard Specifications modified as follows:
02050.10 Liquid Compounds - In the paragraph that begins "Furnish hquid...", replace
"AASHTO M 148" with "ASTM C 309".
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 64 1 P a c
Add the following to the end of this subsection:
Before using liquid compounds, submit one quart samples of each lot for testing except
samples are not required for commercial grade concrete applications unless the liquid
compound is a conditionally approved product.
Section 02320–Geosynthetics–
Comply with Section 02320 of the Standard Specifications modified as follows:
02320.10 Acceptance-Replace the bullet under the subsection (1) Geotextiles which begins "Nieet or
exceed..." with the following bullet
• Meet or exceed the properties specified in 02320.20 of these special provisions.
Add the following Subsection:
02320.20 Geotextile Property Values -Replace Table 02320-1 with the following tables:
Table 02320-1 Geotextile Property Values for Drainage Geotextile *
Geotextile Property Requirements
Geotextile Property ASTM Units Type 1 Type 2
Test Method Woven Nonwove Woven Nonwove
Grab Tensile Strength
(minimum) Machine D 4632 lb 180 115 250 160
and Cross Machine
Directions
Grab Failure
Swain(minimum) D 4632 % < 50 >_ 50 < 50 >– 50
Machine and Cross
Machine Directions
Tear D 4533 lb 67 40 90 56
Strength (minimum)
Puncture Strength D 6241 lb 370 220 495 310
Apparent Opening
Size(AOS) (maximum) D 4751 — 40 40 40 40
U.S. Standard Sieve
Permittivity (minimum D 4491 sec' 0.5 0.5 0.5 0.5
Ultraviolet Stability D 4355
Retained (at 500 hours) % 50 50 50 50
Strength (minimum)
*Woven slit film geotextiles (geotextiles that are made from yarns of a flat, tape-like character)
are not acceptable.
2014 ITB–Fanno Creek Trail–Main to Grant Avenue 65 P a o e
Table 02320-2 Geotextile Property Values for Riprap Geotextile *
Geotextile Property Requirements
Geotextile Property ASTM Units Type 1 Type 2
Test Method Wove Nonwove
Nonwoven Woven
Grab Tensile Strength
(minimum) Machine D 4632 lb 250 160 315 200
and Cross Machine
Directions
Grab Failure Strain
(minimum) Machine D 4632 % < 50 >– 50 < 50 >– 50
and Cross Machine
Directions
Tear D 4533 lb 90 56 110 80
Strength (minimum)
Puncture Strength D 6241 lb 495 310 620 430
Apparent Opening
Size(AOS) (maximum) D 4751 — 40 40 40 40
U.S. Standard Sieve
Permittivity (minimum) D 4491 sect 0.5 0.5 0.5 0.5
Ultraviolet Stability D 4355
Retained % 70 70 70 70
Strength (minimum) (at 500 hours)
Woven slit film geotextiles (geotextiles that are made from yarns of a flat,tape-like character) are
not acceptable.
2014 ITB –Fanno Creek Trail–Maui to Grant Avenue 66 1 P a a e
Table 02320-3 Geotextile Property Values for Sediment Fence
Geotextile Property Requirements
ASTM Supported Unsupported
Geotextile Property Test Method Units Elongation Elongation
50% 1150%
Grab Tensile Strength
(minimum) Machine 90 120 120
and Cross Machine D 4632 lb 90 100 100
Directions
Apparent Opening Size
(AOS) (maximum) D 4751 — 30 30 30
U.S. Standard Sieve
Permittivity (minimum) D 4491 sec' 0.05 0.05 0.05
Ultraviolet Stability D 4355
Retained % 70 70 70
Strength (minimum) (at 500 hours)
*Measured according to ASTM D 4632.
Table 02320-4 Geotextile Property Values for Subgrade Geotextile (Separation)
ASTM Geotextile Property
Geotextile Property Test Method Units
Woven Nonwoven
Grab Tensile Strength
(minimum) Machine and Cross D 4632 lb 180 113
Machine Directions
Grab Failure
Strain(minimum) Machine and D 4632 % < 50 >_ 50
Cross Machine Directions
Tear Strength (minimum) D 4533 lb 68 41
Puncture Strength D 6241 lb 371 223
Apparent Opening Size
(AOS) (maximum)U.S. Standard D 4751 — 30 30
Sieve
Permittivity (minimum) D 4491 sec' O.05 0.05
Ultratnolet Stability Retained D 4355
Strength (minimum) (at 500 hours) 0 50 5U
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Table 02320-5 Geotextile Property Values for Embankment Geotextile
Geotextile Property
Geotextile Property ASTM Test Method Units Requirements
Woven Nonwoven
Grab Tensile Strength
(minimum) Machine and Cross D 4632 lb 315 200
Machine Directions
Grab Failure Strain
(minimum) Machine and Cross D 4632 % < 50 >– 50
Machine Directions
Tear Strength (minimum) D 4533 lb 110 80
Puncture Strength D 6241 lb 620 430
Apparent Opening Size
(AOS) (maximum) U.S. D 4751 — 30 30
Standard Sieve
Permittivity (minimum) D 4491 seca 0.02 0.02
Ultraviolet Stability Retained D 4355 % 50 50
ainium) (at 500 hours)
Table 02320-6 Geotextile Property Values for Pavement Overlay Geotextile
Geotextile Property
Geotextile Property ASTM Test Method Units Requirements
Nonwoven
Grab Tensile Strength
(minimum) Machine and Cross D 4632 lb 100
Machine Directions
Grab Failure Strain
(minimum) Machine and Cross D 4632 % >– 50
Machine Directions
Asphalt Retention
D 6140 oz./sq.ft. 2.8
1\,fclttng Point (minimum) D 276 E' 300
2014 ITB–Fanno Creek Trail–Main to Grant Avenue 68 P a $e
Section 02560 Fasteners—
Comply with Section 02560 of the Standard Specifications modified as follows:
02560.70 Lubricating Fasteners -Replace this subsection,except for the subsection number and title,
with the following.
Furnish all galvanized and coated fasteners with a factory applied commercial water-soluble wax
that contains a visible dye of a color that contrasts with the color of galvanizing or coating.
Black fasteners shall be "only" to the touch when installed.
Field lubricate galvanized bolts in tapped holes,galvanized anchor rods,and galvanized tie rods
with a lubricant from the QPL. Apply lubricant to threads and to bearing surfaces that will turn
during installation.
Protect fasteners from dirt and moisture at the lob site. Clean,relubncate with a lubricant from
the QPL,and retest fasteners that do not pass the field rotational capacity test. Obtain the
Manufacturers approval before relubricating tension control fasteners that are designed to
automatically provide the tension.
Coat the outer surface of the collar in lock-pin and collar fasteners with an approved
Manufacturer lubricant.
Section 02920—Common Electrical Materials—
Comply with Section 02920 of the Standard Specifications modified as follows:
02920.11 Nonmetallic Conduit-Replace the bullet that begins "Liquid-Tight..."with the following
bullet
• Liquid-Tight Flexible Nonmetallic Conduit - Meet the requirements of Article 351 of
the NEC and shall be UL1660 listed.
02920.12 Conduit Fittings -Add the following bullets to the end of the bullet list
• Conduit Hub - Hot-dip galvanized malleable iron screw-on stvle with Neoprene
11011 ring.
• HDPE Fittings - Factory mechanical HDPE coupling with individual reverse locking
threads and built in center stop meeting the requirements of ASTi4l F 2176.
02920.23 Wire -Add the following bullet to the end of the bullet list:
• TFFN Wire - Insulated stranded copper wire rated for 194°F operation in dry locations
and be UL listed as TFFN.
Add the following subsection:
(a)Tunnel Illumination Wire -Wires shall be copper, type_HHW. Splices and connectors
shall be in accordance with UL 486A and 510. Install silicon bronze split bolt connectors for all
conductors No. 8 AWG and larger. In line,waterproof,insulated,insulation piercing Tee taps
shall be used in junction boxes for circuit taps to luminaires.
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Section 02926—Highway Illumination Material—
Comply with Section 02926 of the Standard Specifications modified as follows:
02926.50 Illumination Lamps-Delete the High-Pressure Sodium -Dual Arc-Tube (Standby) heading
and all proceeding listed lamp information. High Pressure Sodium-Dual Arch-Tube (Standby)
lamps are no longer allowed.
Add the following subsection:
02926.54 Underpass and Pathway Lighting
(a) Undercrossing Accent Illumination
1.Accent Lighting Control-The accent lighting control device and set up shall be the
following:
Manufacturer Part Part Number Quantity
Acclaim Lighting Art 1024 Controller and software ART1034 1
Acclaim Lighting Set Up Controller W/PSU 26-044-007-00 1
2.Accent Lighting Cable and Wire—The accent lighting cable and wire shall be the
following:
Manufacturer Part Part Number Quantity
Acclaim Lighting 8 Pin Power/Data Junction Cable 28-002-0463-00 2
Acclaim Lighting 8 Pun WP Power/Data Ext Cable (5m) 17-017-0147-00 14
3.Accent Lighting Luminaires—The accent lighting luminaires shall be the following:
Manufacturer Part Part Number Quantity
Ground Acclaim Lighting-Rebel Band Pro RGB 10x60 (black) 8
Column Acclaim Lighting-Rebel Bar 350 RGB 10x35 8
4.Accent Lighting Miscellaneous
Manufacturer Part Part Number Quantity
Acclaim Lighting DMX_ Splitter 88-044-1820-00 1
Acclaim Lighting 8 Pun Junction Box 28-002-0463-00 2
5. Accent Lighting Protective Cages—Metal cages for all accent lighting shall be vandal-
resistant,galvanized,9-gauge metal cages with 1.5" to 2.5" mesh size. Protective cages may be
hinged or unhinged,and shall be securely bolted to the concrete luminaire foundation or bridge
column using tamper-resistant galvanized concrete anchors. 18"x18"x18" cages shall be used
with ground mount luminaires,and custom-sized cages shall be used with column-mount
luminaires.
(b)Tunnel Illumination:
1. Fixture—Fixture shall be 2 feet long,4000 Kelvin color temperature, 120 V,with
electronic driver.
2014 ITB—Fanno Creek Trail—Main to Grant Avenue 701 P a g e
2. Housing—Fixture housing shall be heavy duty extruded aluminum rails with die-cast end
caps. Housing finish shall be standard white.
3. Lens—Lens shall be one-piece extruded UST stabilized polycarbonate with internal ribs,
and rated for vandal resistance.
4. Lamp—Lamp shallbe 2000 lumens mirnmum, 20W maximum LED module.
5. Reflector—Reflector shall be 20 ga. CRS with white high reflectance polyester powder coat
finish. Reflector shall serve as driver and wire way cover.
6. Fasteners—Fasteners shall be stainless steel tamper-resistant screws. Screw heads shall be
concealed under lens.
7. Label—Fixture shall be UL/cUL listed for vet locations
(e)Pathway Illumination:The pathway illumination shall be decorative bollards specified as
follows:
1. Housing:The housing shall be cast aluminum. Aluminum shall be certified as #356 alloy,
free of any porosity, foreign materials,or cosmetic fillers. All extruded aluminum parts shall be
one-piece formed acrylic,sealed in the housing to prevent dust,insect or moisture
contamination.
2. Electrical: The electrical assembly shall be comprised of a high power factor ballast,
designed to operate an HID lamp up to 70 watts and shall be integrally mounted to a removable
aluminum tray with nonferrous brackets and fasteners. The electrical assembly shall fit within
the bollard housing.
3. Mounting:The bollard shall be secured to the base with stainless steel anchor bolts. The
color shall be FS 17038 black.
4. Anchor Bolts:The 5/8"x 18" anchor bolts,double hex nuts and flat washers shall be hot
dipped galvanized steel_
5. Finish: The finish shall meet the AAA1A 605.2 performance specification which includes
passing a 3000 hour salt spray test for corrosion resistance. The color shall be FS 17038 black.
6. Certification: The fixture shall be listed for outdoor,wet location use by an applicable
testing body. Applicable testing bodies as determined by the US Occupational Safety Health
Administration (OSHA) as Nationally Recognized Testing Laboratories (_-NRTL) include:
Canadian Standards Association (CSA),Edison Testing Laboratories (ETL), and Underwriters
Laboratory (UL).
7. Lamp: The lamp shall be 50 watt metal halide or electronic metal halide,medium base,
(120 dnru 277)volt ballast.
8. Lens: The lens shall be frosted acrylic
2014 ITB —Fanno Creek Trail—Alain to Grant Avenue 711 P a g e
ATTACHMENT K
REPORTS
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
2014 ITB —Fanno Creek Trail—Main to Grant Avenue 721 P a a c
ATTACHMENT L
OREGON PREVAILING WAGE RATES
CITY OF TIGARD
FANNO CREEK TRAIL-MAIN STREET TO GRANT AVENUE
Maybe downloaded from http•//wAvwboh.state.or.us/BOLI/WHD/P\VR/12wr book.shtml.
2014 ITB—rano Creek Trail—Maui to Grant Avenue 73 1 Pa j c
aeoP � -d
Real-World Geotechnical Solutions
Investigation• Design•Construction Support
August 31, 2012
Project No. 12-2703
Jeff Peck
City of Tigard
Public Works Department
13125 SW Hall Boulevard
Tigard, Oregon 97223
Via email with hard copies mailed
Subject: GEOTECIINICAL ENGINEERING REPORT AND ULTRA-BLOCK WALL DESIGN
FANNO CREEK TRAIL
MAIN STREET TO GRANT AVENUE
TIGARD,OREGON
This report presents the results of a geotechnical engineering study and wall stability analyses for a
gravity Ultra-block wall conducted by GeoPacific Engineering,Inc. (GeoPacific)for the above-
referenced project. The purpose of the geotechnical engineering study was to evaluate subsurface
conditions at the site and to provide geotechnical recommendations for the construction of a gravity
Ultra-block wall. The geotechnical study and wall stability analyses were performed in accordance
with GeoPacific Proposal No. P-4170, dated May 1, 2012,and your subsequent authorization of our
proposal and General Conditions for Geotechnical Services.
SITE DESCRIPTION AND PROPOSED DEVELOPMENT
It is our understanding that the construction of a gravity Ultra-block wall is planned on the site. The
proposed Ultra-block wall is located immediately north of the Woodard Park Apartments from
approximately STA 2+80 to STA 4+60 on the south side of a proposed walking trail (Figures 1 and
2). The site of the proposed Ultra-block wall is bordered by Woodard Park Apartments to the south,
wooded areas to the west and east, and Fanno Creek to the north. Fanno Creek flows toward the
proposed Ultra-block wall from the north-northeast, then turns about 160 degrees at approximately
30 feet north of the proposed wall and flows away to the north. Vegetation consists primarily of
blackberries, brush, and trees up to 2 feet in diameter. The site slopes down gently to the north.
There is an existing berm on the site which is approximately 3.5 to 4 feet above surrounding grades.
The existing berm consists of loose, coarse, angular gravel and has little to no vegetation.
It is our understanding that the retaining wall will be approximately 180 feet long. For
approximately 120 feet of this length, the existing berm will be removed and the proposed retaining
wall will offer some protection and flood control as a replacement for the berm. We anticipate
maximum cuts and fills will be on the order of 5 feet or less.
14835 SW 72°d Avenue Tel(503)598-8445
Portland,Oregon 97224 Fax(503)941-9281
August 31, 2012
Project No. 12-2703
FIELD EXPLORATION
The site-specific exploration for this study was conducted on August 15, 2012. Three exploratory
hand auger borings(designated HA-1 through HA-3) were drilled to depths of 5 to 8 feet, at the
approximate locations shown on Figure 2. It should be noted that exploration locations were
determined in the field by pacing or taping distances from apparent property corners and other site
features shown on the plans provided. As such,the locations of the explorations should be
considered approximate.
Explorations were conducted under the full-time observation of GeoPacific personnel. Soil samples
obtained from the hand auger borings were classified in the field and representative portions were
placed in relatively air-tight plastic bags. These soil samples were then returned to the laboratory
for further examination and use in clarifying the hand auger logs. Pertinent information including
soil sample depths, stratigraphy, soil engineering characteristics, and groundwater occurrence was
recorded. Soils were classified in general accordance with the Unified Soil Classification System.
Summary hand auger logs are attached. The stratigraphic contacts shown on the individual hand
auger logs represent the approximate boundaries between soil types. The actual transitions may be
more gradual. The soil and groundwater conditions depicted are only for the specific dates and
locations reported, and therefore, are not necessarily representative of other locations and times.
SUBSURFACE CONDITIONS
The following discussion is a summary of subsurface conditions encountered in our explorations.
For more detailed information regarding subsurface conditions at specific exploration locations,
refer to the attached hand auger logs. Also, please note that subsurface conditions can vary between
exploration locations, as discussed in the Uncertainty and Limitations section below.
Soils
Beneath the undocumented fill,on-site soils consist of alluvial materials as described below.
Undocumented Fill—We observed undocumented fill directly underlying the ground surface in all of
the hand auger locations. The undocumented fill generally consists of loose, light grayish brown, silty
SAND (SM) to silty GRAVEL(GM) with roots and debris and extends to a depth of approximately 1
foot.
Alluvial Soil—Beneath the undocumented fill in all hand auger locations, we encountered alluvial
soil. This material generally consists of loose to medium dense silty SAND (SM)which becomes
more dense with depth. The silty sand was generally fine grained and extended beyond the
maximum depth of exploration(8 feet).
12-2703-Fanno Creek Trail GRdoc 2 GEOPACIFIC ENGINEERING,INC.
August 31, 2012
Project No. 12-2703
Groundwater
We encountered groundwater in hand auger boring HA-2 at approximately 7.5 feet beneath the
ground surface. We also observed mottling in soils excavated from HA-1 and HA-2, which can
sometimes indicate groundwater level fluctuations. It is anticipated that groundwater conditions
will vary depending on the season, local subsurface conditions, changes in site utilization, and other
factors.
CONCLUSIONS AND RECOMMENDATIONS
Scour Depth
Based on the results of our subsurface exploration,we estimate that the scour depth is
approximately 18 inches below the ground surface in all of the hand auger locations. The loose,
undocumented fill and loose to medium dense silty sand observed to this depth would be easily
eroded in a design stream flood condition. Below 18 inches we generally observed medium dense
to dense silty sand which will not be easily eroded. Also, the proposed walling path will likely be
situated close to the wall face, offering additional erosion protection.
Geotechnical Design of Ultra-Block Gravity Wall
Wall stability calculations are attached to this report. For the purpose of the design
recommendations presented below, it was assumed that the wall will be embedded 1 foot beneath
the ground surface and will be constructed over at least 6 inches of crushed rock base material. Soil
parameters used in these analyses were based on results of our site investigation. Calculations were
performed for two typical wall cross sections, one where the wall will retain the existing berm and
the other where the wall will be free standing.
For the cross section where the wall will retain the existing berm, calculations were performed for
static conditions. See Cross Section A on Figure 3 for details. For the cross section where the wall
will be free standing, calculations were performed for the case where Fanno Creek comes in contact
with the wall during a possible flood event(Cross Section B, Figure 3).
Analysis of the cross section where the wall is free standing showed that the wall will have adequate
factors of safety against sliding, overturning, bearing capacity failure, and facing failure when the
water level is at least 6 inches from the top of the wall.
Based on the attached calculations,the proposed wall will have adequate factors of safety against
sliding, overturning,bearing capacity failure, and facing failure provided that our recommendations
for wall construction are followed. GeoPacific should perform observe construction of the designed
Ultra-block wall including subgrade inspection, overexcavation requirements, embedment, and
backfill compaction.
12-2703-Fanno Creek Trail GRdoc 3 GEOPAcmc ENGINEERING,INC.
August 31, 2012
Project No. 12-2703
Wall Construction Recommendations
The blocks should be standard Ultra-block units, measuring 2.5 by 2.5 by 5 feet. If smaller blocks
are used, GeoPacific should be contacted for additional analysis and revision of these
recommendations as necessary.
Subgrade soils should consist of native medium dense silty sand. GeoPacific should observe
subgrade soils to verify a suitable bearing stratum is present. If any soft or organic soil zones are
encountered, overexcavation and replacement of the unsuitable soils should be performed. The
depth and extent of any overexcavation should be determined in the field based on actual conditions
exposed.
The wall should be founded on a crushed rock leveling pad a minimum of 6 inches thick and should
be embedded a minimum of 1 foot. Wall backfill materials (if needed) should consist of clean
granular materials or crushed rock compacted to at least 90%of Modified Proctor(ASTM D1557).
We recommend that chamfered areas and any gaps between the Ultra-blocks be grouted with a non-
shrink grout in order to keep water from easily flowing through the wall during a possible flood
event(Figure 4). Consideration may also be given to placing a waterstop material between the two
vertical rows of Ultra Blocks. It should be noted that the Ultra Block wall has not been designed to
be completely watertight and some leakage will occur during a flood event. However, it is our
opinion that the Ultra Block Wall as designed,with proper grouting and use of a water stop
material, should provide a level of flood protection at least as effective as the section of
embankment that will be replaced by wall construction.
UNCERTAINTIES AND LIMITATIONS
We have prepared this report for the owner and his/her consultants for use in design of this project
only. The conclusions and interpretations presented in this report should not be construed as a
warranty of the subsurface conditions. Experience has shown that soil and groundwater conditions
can vary significantly over small distances. If, during future site operations, subsurface conditions
are encountered which vary appreciably from those described herein, GeoPacific should be notified
for review of the recommendations of this report, and revision of such if necessary.
Sufficient geotechnical monitoring, testing and consultation should be provided during construction
to confirm that the conditions encountered are consistent with those indicated by explorations.
Recommendations for design changes will be provided should conditions revealed during
construction differ from those anticipated, and to verify that the geotechnical aspects of construction
comply with the contract plans and specifications.
Within the limitations of scope, schedule and budget, GeoPacific executed these services in
accordance with generally accepted professional principles and practices in the fields of
geotechnical engineering and engineering geology at the time the report was prepared. No warranty,
expressed or implied, is made. The scope of our work did not include environmental assessments or
12-2703-Fenno Creek Trail GRdoc 4 GEOPACIFIC ENGINEERING,INC.
August 31, 2012
Project No. 12-2703
evaluations regarding the presence or absence of wetlands or hazardous or toxic substances in the
soil, surface water, or groundwater at this site.
O'O
We appreciate this opportunity to be of service. PRGIOFFss
�5 N �
Sincerely, �� e
,4 E
GEOPACIFIC ENGINEERING,INC.
OR GON
L. HAR
- — EXPIRES: 06-30-20�_
Benjamin G. Anderson,E.I.T. Scott L. Hardman, P.E., G.E.
Geotechnical Staff Principal Geotechnical Engineer
Attachments: Figure 1 -Vicinity Map
Figure 2-Site Plan
Figure 3 -Gravity Ultra-block Wall Cross Sections
Figure 4-Gravity Ultra-block Wall Typical Construction Detail
Hand Auger Logs (HA-1 to HA-3)
Retaining Wall Calculations(7 sheets)
12-2703-Fanm Creek Tnul GR.doc 5 GEOPACIFIC ENGINEERING,INC.
14835 SW 72nd Avenue
GeoPffinfIa Portland,Oregon 97224 VICINITY MAP
Tel: (503)59848445 Fax.(503)941-9281
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Date: 08/15/12
Legend Approximate Scale 1 in=2,000 ft Drawn by: BGA
Base maps U S.Geological Survey 7 5 minute Topographic Map Series,Beaverton,Oregon Quadrange, 1961 (Photorevised 1984).
Project: Fanno Creek Wall Design Project No. 12-2704 FIGURE 1
Tigard, Oregon
14835 SW 72nd Avenue SITE PLAN AND
6eoP rt Portland,Oregon 97224
Tel: (503)598-8445 Fax:(503)941-9281 HAND AUGER LOCATIONS
clisr, NO.
C/ 1{{7—3�134CV .
OI' TICARD
CREEK IOXBO
FII? 14f,
`
3Y150
IEL. 18.5 TO TOP '
THIS OF BERM AT
.BEND IN BERM HAHA '
HA-1 '1 y TW.•151.4
4.
.4
f W,154.0 Tif!��4.Q \�����•�'s,
FO.150.5 EG: 50.5 TW.-r54.
22.9' FROM CD ER EG.150.4 .�
OF nano TO SrARr
OF WALL
M-'150.0 �. TW.•154.0J °Fc:148.7 FG.149.3 SLAG CORNER
El.EY.• 151.4
i
BLDC CORNER BLDG CORNER
ELEV. 151.6 EUV: 151.4
BLDG CORNER BLDG CORNER
ELEV 1524 WOODARD PARK APARTMENTS ELEY.- 151
North 9885 SW JOHNSON ST (9
l
Legend Date: 08/15/12
HA-1
0 40' Drawn by: BGA
Hand Auger Boring Designation and Approximate Location
APPROXIMATE SCALE 1'=40-
F
"=40'
Project: Fanno Cheek Wall Design Project No: 12-2703 FIGURE 2
Tigard, Oregon
14835 SW 72nd Avenue GRAVITY ULTRA-BLOCK WALL
ap'*Ab_ Portland, Oregon 97224
Tel- (503) 598-8445 Fax: (503)941-9281 CROSS SECTIONS
Cross Section A - Retaining Existing Berm
Existing Berm
4'Maximum (Excavated Soils
Wall Height(H) Replaced Behind Wall)
Proposed
Walking Trail
Minimum Embedment
Depth= 1 ft Competent Native Materials
Crushed Rock
Leveling Pad
Cross Section B - Free Standing During Flood Event
3 5' Maximum 4'Maximum
Allowable Height Wall Height(H)
of Water(Hw)
Proposed
Walking Trail
- - - - - - - - - - ;
Minimum Embedment
Depth= 1 ft Competent Native Materials
Crushed Rock
Leveling Pad
Notes:
1 Geotechnical Engineer should review subgrade soils. Base of wall should be
supported on medium dense native soils or engineered fill.
2 Use Ultra-block or similar product, 2.5 x 2 5 x 5-foot blocks.
Project: Fanno Creek Wall Design Project No. 12-2703 FIGURE 3
Tigard, Oregon
14835 SW 72nd Avenue GRAVITY ULTRA-BLOCK WALL
�i88p Portland, Oregon 97224
offnTmliziiiiiiiiiii Tel (503) 598-8445 Fax: (503) 941-9281 TYPICAL CONSTRUCTION DETAIL
Optional Waterstop
Material
Side View Front View
Notes:
1. Contractor to fill chamfers and gaps with non-shrink grout(shaded areas).
2 To provide additional protection against seepage, install waterstop material
between bottom and top rows of Ultra Blocks as shown.
Project- Fanno Creek Wall Design Project No. 12-2703 FIGURE 4
Tigard, Oregon
14835 SW 72nd Avenue
leeP Ig PortJand,Oregon 97224 HAND AUGER LOG
Tel: (503)598-8445 Fax: (503)941-9281
Project: Fanno Creek Wall Design
Tigard, Oregon Project No. 12-2703 Boring No. HA- 1
CL ^ o
m E! H 3 N^ N
M 76 o m h o �' W = Material Description
� - P
o d00 E
d a U m
Loose, silty SAND (SM), light grayish brown, fine,with roots, debris,
and occasional angular gravel throughout, dry(Fill)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Grades to without roots, debris, and gravel (Native)
2-
3— Grades to medium dense, reddish brown, and with gray mottling
4 Grades to dense, blue gray, with some organic material, and very moist
5
Boring terminated at 5 feet.
6
Note: No seepage or groundwater encountered.
7-
8—
LEGEND 8LEGEND
Date Excavated: 08/15/2012
,onto Sal A� ® Logged By: BGA
e" 7 I
Bag Sample Bucket sample Shelby Tube sample seepage water Bearing Zone water Levet at Abandonment Surface Elevati+n: 149 ft
14835 SW 72nd Avenue
leo" 4 Ifi Portland,Oregon 97224 HAND AUGER LOG
Tel: (503)598-8445 Fax: (503)941-9281
Project: Fanno Creek Wall Design
Tigard, Oregon Project No. 12-2703 Boring No. HA-2
w mo iu
m� o
E Z'
a o o o 62 o � Material Description
(D ELaz c a� c
c ❑�
❑ d to ❑ U m
Loose to medium dense, silty GRAVEL (GM), light brown, fine to coarse,
angular, with trace sand, dry(Fill)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Loose to medium dense, silty SAND (SM), reddish brown, dry to moist(Native?)
2
Grades to medium dense, gray-brown, and with occasional fine subrounded
gravel and black mineral staining (Native)
3
Grades to dense and moist
5 Grades to with orange mottling
6 Grades to blue-gray and very moist
7 Grades to wet below 7.5 feet
8
Boring terminated at 8 feet.
Note- Groundwater encountered at 7 feet.
LEGEND o
Date Excavated: 08/15/2012
100 to e rel ® 7
Logged By: BGA
000
Bag Sample Bucket Sample Shelby Tube Sample Seepage Water Hewing Zone Water Level at Abandonment
Surface Elevation: 152 ft
Avenu
Geo jf 14835 SW
d,Oreg n9722 HAND AUGER LOG
Portland,Oregon 97224
Tel: (503)598-8445 Fax: (503)941-9281
Project: Fanno Creek Wall Design
Tigard, Oregon Project No. 12-2703 Boring No. HA-3
� (D O
H >, N� N�
EN ins inm 6
a0 a o a o. _ Material Description
CD 0) 0 E a W
ti o m
Loose, gravelly SAND(SP), light brown, fine, with roots, debris, and
angular gravel throughout, dry (Fill)
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Medium dense to dense silty SAND (SM), grayish brown, fine, dry (Native)
2-
3— Grades to moist and with some organic material
4 Grades to with increased silt content
5
Grades to blue-gray
6
Boring terminated at 6 feet.
7
Note. No seepage or groundwater encountered.
8
LEGEND
Date Excavated: 08/15/2012
s cal.
100 to uake 7 Logged By: BGA
00o Surface Elevation: 150 ft
Bag Semple Bucket Sample Shelby Tube Sample Seepage Water 8earmg Zone Water Level at Abandonment
SRWall (ver 3. 22 April 2002) Page 1
LN 030304229
Licensed to: Scott Hardman
7312 SW Durham Road
Portland OR 97224
License Number: 030304229
Project Identification:
Project Name: Fanno Creek 5' Lock Block Wall
Section: Fanno Creek Lock Block Wall - 5 foot
Data Sheet: 51 Lock Block
Owner:
Client:
Prepared by: SLH
Date: August 16 2012
Time: 03:20:25 PM
Data file: z:\wall designs and data\srwall\2703 fanno creek lock-block wall 5
ft
Type of Structure: Gravity Segmental Retaining Wall
Design Methodology. NCMA Method
Seismic Analysis Details:
Peak Ground Acceleration (PGA) ratio 0.00
wall Geometry:
Design Wall Height (ft) 5.0
Embedment Wall Height (ft) 1.0
Exposed Design Wall Height (ft) 4.0
Minimum Levelling Pad Thickness (ft) 0.5
Number of Segmental Wall Units 2
Hinge Height (in plane of wall) (ft) N/A
Wall Inclination (degrees) vertical
SRWall (ver 3 . 22 April 2002) Page 2
LN 030304229
Slopes:
Front Slope (degrees) horizontal
Back Slope (degrees) horizontal
Uniformly Distributed Surcharges:
Live Load Surcharge none
Dead Load Surcharge none
Friction
Cohesion Angle Unit Weight
Soil Data: Soil Description: (psf) (degrees) (pcf)
Retained Soil Native Soils /
Engineered Fill N/A 30.0 120.0
Levelling Pad Soil Crushed Rock N/A 38.0 130.0
Foundation Soil Native Soils /
Engineered Fill 0.0 30.0 120.0
Segmental Unit Name:
Segmental Unit Data:
Cap Height (in) none
Unit Height (Hu) (in) 30.0
Unit Width (Wu) (in) 30.0
Unit Length (in) 60.0
Setback (in) 0.0
Weight (infilled) (lbs) 4340.0
Unit Weight (infilled) (pcf) 138.9
Center of Gravity (in) 15.0
Segmental Unit Interface Shear Data:
Properties Ultimate Strength Criteria Service State Criteria
Minimum (lbs/ft) 643.0 643.0
Friction Angle (degrees) 37.0 37.0
Maximum (lbs/ft) 3100.0 3100.0
Coefficients of Earth Pressure and Failure Plane Orientations:
Retained Soil (Ka) 0.296
Retained Soil (Ka horizontal component) 0.27
orientation of failure plane from horizontal (degrees) 55.3
SRWall (ver 3.22 April 2002) Page 3
LN 030304229
Results of External Stability Analyses:
Calculated Design Criteria
FOS Sliding 2.68 1.5 OK
FOS Overturning 3.21 1.5 OK
FOS Bearing capacity 8.06 2.5 OK
Base Footing Width (Bf) (ft) 3.0 N/A
Base Eccentricity (e) (ft) 0.39 N/A
Base Eccentricity Ratio (e/Bf' ) 0.18 N/A
Note: calculated values MEET ALL design criteria
Detailed Results of External Stability Analyses: Calculated values:
Total Horizontal Force (lbs/ft) 405.2
Total Vertical Force (lbs/ft) 1736.0
Sliding Resistance (lbs/ft) 1085.0
Driving Moment (lbs-ft/ft) 675.3
Resisting Moment (lbs-ft/ft) 2170.0
Bearing Capacity (psf) 6298.9
Maximum Bearing Pressure (psf) 781.3
Results of Facing Stability Analyses:
SRW Heel Geosynthetic FOS FOS
Unit Elev Type Over- Shear
# (ft) turning (peak)
> 1.5 > 1.5
2 2.5 none 12.85 12.8
1 0.0 none 3.21 2.68
Note: calculated values MEET ALL design criteria
Detailed Results of Facing Stability Analyses (Moment and Shear):
SRW Heel Geo Drive Resist Shear Shear
Unit Elev Type Moment Moment Load Capacity
# (ft) (lbs-ft/ft) (lbs-ft/ft) (lbs/ft) (lbs/ft)
(peak)
2 2.5 none 84.4 1085.0 101.3 1297.1
1 0.0 none 675.3 2170.0 405.2 1085.0
SRWall (ver 3. 22 April 2002) Page 4
LN 030304229 vertical
5.0 ft
1.0 ft
-0.5 ft
Project Identification:
Project
Name: Fanno Creek 5' Lock Block Wall
Section: Fanno Creek Lock Block Wall - 5 foot
Data Sheet: 5 ' Lock Block
Owner:
Client:
Prepared by: SLH
Date: August 16 2012
Time: 03:20:25 PM
Data file: z:\wall designs and data\srwall\2703 fanno creek
lock-block wall 5 ft
GEOPACIFic ENGINEERING,INC.
14835 SW 72nd Avenue
6eoP Portland, Oregon 97224
Tel: (503)598-8445 Fax. (503)941-9281
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GEOPACIFlC ENGINEERING,INC.
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GeoP �� Portland,Oregon 97224
Tel:(503)598-8445 Fax:(503)941-9281
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