S-2 Contractors, Inc ~ CP11014 CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
(FORM MUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION
Contract Title: FY 2011 PMP Asphaltic Concrete Overlay Number: C P1 I Q t 4
Contractor: S-2 Contractors, Inc. Contract Total: $687,893.70
Contract Overview: Services consist of Construction of Asphaltic Concrete Overlay;Asphalt concrete
and road base removal and repair;Temporary signage,protection, and traffic control;
Striping and pavement marking,• and incidental work included in specs
Type: ❑ Purchase Agreement Start Date: June 29, 2011 End Date: Tune 30, 2012
❑ Personal Service
X Public Improvement LCRB Award: Tune 28, 2011 Department: Engineering
❑ IGA
❑ Other: Contract Manager: Mike McCarthy
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Knife River $875,067.20
Eagle-Elsner, Inc. $828,059.80
Oregon Asphaltic Paving $772,459.25
Baker Rock Resources $848,545.22
Brix Paving Northwest Inc. $901,674.19
S-2 Contractors $687,893.70
Account Strmg� FUND/DIVISION ACCOUNT AMOUNT
Year 1 /412 56005 $687,893.70
Year 2Year 3
Year 4
Year 5
Approvals
Department Comments:
Department Signature:
Purchasing Comments.
Purchasing Signature:
City Manager Comments:
z
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
ATTACHMENT F
It
PUBLIC IMPROVEMENT CONTRACT
' FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
ASPHALTIC CONCRETE OVERLAY
CITY OF TIGARD,OREGON
THIS CONTRACT, made and entered into this 1" day of July, 2011, by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City" and S-2 Contractors, 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;and
WHEREAS, the City has sufficient appropriation in the FY 2011-12 budget for this project,including all
Schedules detailed in the Invitation to Bid.
THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractors services under this Contract shall consist of the following:
1. Construction of Asphaltic Concrete Overlay
2. Asphalt concrete and road base removal and repair
3. Temporary signage,protection,and traffic control
4. Striping and Pavement Marking
5. Performance of additional and incidental work as called for by the specifications and plans.
2. 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.
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. The fee shall be paid on or before the first progress payment or 60 days from the
date work first began on the contract, whichever comes first. The fee is payable to the Bureau of
Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street, # 32
Portland, Oregon 97232
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.
3. Pre-Construction Conference
The contractor and listed subcontractors shall attend and participate in the pre-construction conference
described 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 the performance pertaining to this contract,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 titles 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 From
Public Improvement Contract
Performance bond
Payment bond
Supplementary General Conditions
Special provisions
Drawings
Standard Documents
General conditions (Oregon Standard Specification for Construction, 2008 Volume 1 as amended by
the Special Provisions)
Standard Specifications (Oregon Standards Specifications for Construction, Volume2 as amended by
Technical Specifications)
City of Tigard Public Improvement Design Standards
5. Ci . 'ty s Representative
For purposes hereof, the City's authorized representative will be Mike McCarthy, P.E., Senior Project
Engineer who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon 97223;by telephone at
503-718-2462;or via email at mikem&ti arg d-or.gov.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Bill Shunn who can be reached
by email at bshunngs2contractorsinc.com or by phone at(503) 651-4000.
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
Progress Payments: City agrees to pay Contractor an amount not to exceed Six Hundred Eighty
Seven Thousand Eight Hundred Ninety Three and 70/100 Dollars ($687,893.70) for performance of
those services provided hereunder which shall include all Schedules detailed in the Invitation to Bid
issued May 25,2011. Payments 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 Contract. 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, 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 stated date), together with a
request for payment duly verified by the Contractor's Representative.
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. The City certifies that funds are appropriated and available in the appropriate fiscal year's
budget for work on this project. In the event the project crosses into subsequent fiscal years,
appropriations will be determined during the budget process.
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 (PVR) Law, the City shall withhold 25% of
any progress payment amounts owed to Contractor if Contractor has failed to file certified payrolls
sheets with the City
Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within thirty (30) 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 $700.00 per day and Contractor agrees to pay damages in that amount if the work is
not completed by the Time of Completion.
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 established in ORS 279C.570 on the final
payment due the Contractor, to commence 30 days after the work under the Contract has been
completed and accepted and to run until the date when final payment is tendered to the Contractor. If
the City does not,within 15 days after receiving written notice of completion, notify the Contractor of
work yet to be performed to fulfill contractual obligations, the interest provided by this subsection
shall commence to run 30 days after the end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit evidence,
satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness
connected with the project have been paid, except that in case of any disputed indebtedness or liens,
the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the City
guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has
not already been guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration Contractor
receives (from City or third party) as a result of said finding and to the full extent of any
payments that City is required to make (to Contractor or to a third party) as a result of said
finding.
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 not 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 not 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) flake payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the 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 name 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 at least once a month by the fifth business day of the
following month.
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.
A 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. 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.
F. 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 commencing 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.505(2). If the Contractor or any subcontractor fails,neglects, or refuses
to pay a person furnishing labor or material, the person may file a complaint with the
Construction Contractors Board, unless the payment is subject to a good faith dispute as
defined in ORS 279C.580.
G. Contractor shall include a clause in each contract 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.
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, or unilaterally by the City upon a finding that it
is in the best interest of the public,and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of
any third party judicial proceeding relating to the work other than a suit or action filed
in regard to a labor dispute; or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor
against City under this Agreement.
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. This Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed, or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred, an amount which
bears the same ratio to the total fees specified in this Agreement as the services satisfactorily
rendered by Contractor bear to the total services otherwise required to be performed for such
total fee; provided, that there shall be deducted from such amount the amount of damages, if
any, sustained by City due to breach of contract by Contractor. Damages for breach of contract
shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs
of litigation at trial and upon appeal.3
16. Access to Records
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination, excerpts,and transcripts.
17. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation, and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act
of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations
issued pursuant to the Acts.
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 effect 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.
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. Non-waiver
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 this 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 arising 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
arise 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:urance: 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 personal and advertising injury liability and products
and completed operations coverage. Coverage may be written in combination with
Commercial General Liability and Commercial Automobile Liability Insurance with separate
limits for both. Combined single limit per occurrence and annual aggregate limit shall not be
less than the dollar amount indicated below. 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
Fire 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. Notice of Cancellation: There shall be no cancellation, material change, exhaustion of
aggregate limits or intent not to renew insurance coverage without 30 days written notice to
the City. Any failure to comply with this provision will not affect the insurance coverage
provided to the City. The 30 days notice of cancellation provision shall be physically endorsed
on to the policy.
F. 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 carriers)with an unacceptable financial rating.
G. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
contractor shall furnish a Certificate of Insurance to the City. No contract shall be affected
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. The Contractor shall obtain, or ensure
that the appropriate subcontractors obtain, insurance coverages required under this Contract
from companies authorized to issue insurance in the State of Oregon.
H. 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.
I. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
J. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability,professional liability,pollution and errors and omissions policies required
by this contract.
Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior written notice to City. 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: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd
Tigard, Oregon 97223
Email address: josephg ' ard-or.gov
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 S-2 CONTRACTORS,INC.
Attn: Mike McCarthy,P.E.. Attn: Bill Shunn
Address: 13125 SW Hall Blvd Address: 6860 S Anderson Road
Tigard, Oregon 97223 Aurora,Oregon 97002
Phone: 503-718-2462 Phone: 503-651-4000
Fax: 503-624-0752 Fax: 503-651-4004
Email Address: mikem rd-or. ov Email Address: bshunnns2contractorsinc.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices, bills and payments
are to be given by giving written notice pursuant to this paragraph.
29. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances and
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. 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.
32. Governing Law and Venue
The provisions of this Contract shall be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any question arising under this Contract must be
brought in the appropriate court of the State of Oregon.
33. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
34. 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 Contractor has executed this Agreement on the date hereinabove first written. Award
of this contract was granted by Tigard's Local Contract Review Board at their July 28,2011 business meeting.
CITY OF 146 S-2 CONT ,INC.
`0
Signature Signature
- CXLX ,f/l1t4#4 Sic.
Printed ame&Title Printed Name&Title
Date Date
ATTACHMENT J
SPECIAL PROVISIONS
FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
CITY OF TIGARD,OREGON
The Special Provisions contained herein have been prepared by or under the direction of the following
Registered Engineer.
Michael D.McCarthy,P.E.
571 WI)
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WORK TO BE DONE
The Work to be done under this Contract consists of constructing an asphaltic concrete overlay and
associated preparation and finish work on the streets shown on plans entitled:
CITY OF TIGARD OREGON
FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
APPLICABLE SPECIFICATIONS
The Specification that is applicable to the Work on this Project is the 2008 edition of the"Oregon Standard
Specifications for Construction". These specifications are modified by the special provisions contained in this
section. 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 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
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 48
SECTION 00130 -AWARD AND EXECUTION OF CONTRACT
Comply with Section 00130 of the Standard Specifications modified by the bid documents for this
project and as follows:
Add the following subsection:
00130.40(e) Tax Identification Number -The successful Bidder shall furnish the City the Bidder's Federal
Tax Identification Number.
SECTION 00150 - CONTROL OF WORK
Comply with Section 00150 of the Standard Specifications modified as follows:
The Contractor's attention is directed to Section 105.55, "Cooperation with Other Contractors," of the
Standard Specifications. Certain work within this contract requires coordination with the work of other
agencies or contractors. The Contractor shall cooperate fully with other agencies/ contractors and carefully fit
his own work to such other work as may be directed by the Engineer. The Contractor shall not commit or
permit any act to be committed which will interfere with the performance of work by any other
agency/contractor.
00150.50 Cooperation with Utilities —Add the following:
The Contractor shall notify all utility agencies which may be affected by the construction operation at least 48
hours in advance when their services will be affected by the work. The following informationis included for
the Contractor's convenience:
Utility A—gen Contact Phone
Utility Notification Center 503-246-6699
or 800-332-2344
Water City of Tigard Sam Morrison 503-718-2600
24-hour(Break/leak) 503-639-1554
Power PGE Milo Starr (New work) 503-570-4414
Damage&Repair 503-736-5710
Cable Comcast SmallJob Ivan Chandler 503-596-3754
Major Job Brian Every 503-596-3773
Damage&Repair 503-617-1212
Telephone Frontier Andrew Mulick 503-526-3544
Gas NW Natural Bob Keller 503-816-0299
Damage&Repair 503-226-4211
SECTION 00165 QUALITY OF MATERIALS
Comply with Section 00165 of the Standard Specifications, modified as follows:
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 49
00165.04 Cost of Testing— Delete the first paragraph
SECTION 00170- LEGAL RELATIONS AND RESPONSIBILITIES
Comply with Section 00170 of the Standard Specifications modified as follows:
00170.80(a) - Responsibility for Damage in General - The Contractor shall perform Work, and
furnish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the
entire Project has been completed and accepted by the City.
The Contractor shall provide adequate protection for property, trees, landscaping, and other items adjacent to
the work area. Existing trees,property, shrubs,plants, or other items that are not to be removed but are injured
or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense.
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
Comply with Section 00180 of the Standard Specifications modified as follows:
Contract Completion Time .............................................................00180.50(h)
NoiseControl .....................................................................................00290.32
00180.41 Project Work Schedules - add the following.
The contractor shall provide a work schedule acceptable to the engineer a minimum of seven (7) days in
advance of any lane closures indicating the date work is planned for each section of each street. Should
rescheduling become necessary, no work shall be done until the City approves the revised schedule and
residents are provided notice with adequate time (normally 24 hours) before the work commences.
Add the following subsection:
00180.50(h) Contract Time —
No work on this project is allowed to commence before July 1", 2011.
Work to be done under the Contract must be substantially complete before September 1 st, 2011. All
punch list items and clean up must be complete by September 15`'', 2011.
FY 2011-12 PMP Pavement Overlay
Sid Date: June 9,2011 Page 50
00180.85(b) Liquidated Damages - Add the following paragraph:
The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be
$700 per Calendar Day.
SECTION 00195–PAYMENT
Comply with Section 00195 of the Standard Specifications modified as follows:
00195.10 Payment for Changes in Materials Costs–This section is not used on this project
00195.20(a) Insignificant Changed Work–Add the following:
The City may add work, up to 25% of the total project value.
The City may delete streets from this project and/or reduce the length of work along streets, up to
25% of the total project value.
SECTION 00210 - MOBILIZATION
Comply with Section 00210 of the Standard Specifications.
SECTION 00220-ACCOMMODATIONS FOR PUBLIC TRAFFIC
Comply with Section 00220 of the Standard Specifications modified as follows:
00220.02 Public Safety and Mobility—Replace the bulleted item that begins "Do not stop or hold
vehicles...."with the following.
Do not stop or hold vehicles for more than five (5) minutes.
Replace the bulleted item that begins `Do not block driveways'with the following:
Do not block driveways, intersections or approaches without the approval of the Engineer. Provide
reasonable access to driveways,intersections or approaches at no expense to the City.
Add the following.
The contractor must obtain city approval of a traffic control and signage plan for each street on which traffic
will be disrupted at least seven (7) days before work on that street begins.
The amount of time that a roadway is left un-striped or with temporary striping must be minimized.
Permanent striping must be replaced on the roadway as soon as feasible;a maximum of ten (10) calendar days
after construction activity removes or covers roadway striping.
The amount of time that a roadway is left with a rough surface from pavement grinding must be minimized.
Pavement overlays must be constructed as soon as feasible; a maximum of ten (10) calendar days after
FY 2011-12 PNIP Pavement Overlay
Bid Date: June 9,2011 Page 51
i
Pavement grinding; except streets intersecting with state highways,which shall be overlaid within twenty-four
(24) hours.
Do not place work zone signs or supports that will block existing walkways or existing bikeways.
The engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic
patterns at any time if,in their judgment, such action is necessary to reduce excessive delays and/or protect
public safety.
Cost for all work under this section shall be considered as incidental to the work on this project.
00220.03 Work Zone Notifications -Add the following:
The contractor shall provide site-specific temporary signage,with sign appearance and installation as approved
by the engineer, on each street on which the contractor will be working, to notify residents and street users of
the specific schedule for work on that street. Signs shall be placed a minimi of seven (7) days before any
work affecting use of the street.
Notify emergency services and organizations listed below ten (10) calendar days in advance of street closures.
The following information is provided for the contractor's convenience:
Washington County Sheriff's Department (Non-Emergency) 503-629-0111
City of Tigard Police Department (Non-Emergency) 503-629-0111
Tualatin Valley Fire&Rescue Gerry Renfro) 503-612-7000
United States Post Office (Non-Emergency Services) 503-968-0753
or 503-968-2991
United States Post Office (Emergency Services) 866-261-6412
Tigard-Tualatin School District Gudy Friesz) 503-431-4014
First Student 503-431-2345
Tri-Met—Road Operations 503-962-8117
Pride Disposal (Lottie Schmidt) 503-625-6177 (Ext 129)
Waste Management 503-249-8078
Cost for all work under this section shall be considered as incidental to the work on this project.
00220.40(e) Lane Restrictions-Replace the paragraph that begins "Do not close any..."with the following
paragraph:
Typical allowable work hours for this project will be from 7:30am to 7:00pm,with exceptions including the
following:
Lane closures (such as flagging two-way traffic through one available lane) shall not be implemented before
8:00am.
Work involving lane closures on Dartmouth St, 68h Ave,Atlanta St,and Haines St is to be done at night.
Lane closures on these streets will only be permitted between 8:00pm and 6:00am.
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 52
Work, except final paving,involving lane closures on Commercial Street northwest of station 8+00 is to be
done at night,with lane closures only permitted between 8:00pm and 6:00am on this section of Commercial
Street except for final paving. Commercial Street may be closed to through traffic for two nights during
construction,but must be reopened for traffic from 6am to 8pm. Local access must be maintained.
Appropriate notice and detour signage must be provided pursuant to other sections and standards.
The contractor must obtain approval from the Oregon Department of Transportation to occupy any
portion of the right-of-way of State Highways—such as Pacific Hwy 99W,Hall Blvd, and ramps to or from
Interstate 5.
The Contractor may close North Dakota St,98th Ave, Kable St, Hoodview St, and 79`h Ave to through
traffic for two days (7:30am to 7:00pm) each during construction. Local access must be maintained,and
streets must be fully reopened at the end of each day.Appropriate notice and detour signage must be provided
pursuant to other sections and standards.
The contractor must obtain city approval of a traffic control, signage, and detour plan for each street to be
closed at least 7 days before the closure begins.
Weekend work is not permitted unless specifically authorized by the Engineer.
SECTION 00225 - WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.90 Payment—
This contract uses Method C — all work zone traffic control is considered incidental and no separate
payment will be made.
SECTION 00280 EROSION AND SEDIMENT CONTROL
Comply with Section 00280 of the Standard Specifications modified as follows:
00280.00 Scope—Add the following:This section shall be governed by Clean Water Services.
SECTION 00290 - ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—in first paragraph, change work hours to 7:30 am to 7:00 pm.
SECTION 00350 GEOSYNTHETIC INSTALLATION
Comply with Section 00350 of the Standard Specifications modified as follows:
00350.00 Scope—Add the following:
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 53
Furnish and place reinforced geotextile prior to installing the pavement overlay as shown on the plans and/or
as marked by the Engineer. Reinforced geotextile shall be GlasGrid 8502, as manufactured by Tensar
International or approved equal.
00350.41 Geotextile Installation Requirements—Add the following:
Prepare the pavement surface on which asphalt overlay is to be applied, prior to placing the reinforced
geotextile, with a pre-level course as specified in section 00745. Replace pre-leveling material lost by traffic
before placing fabric. Placement of the geotextile shall be per manufacturer's specifications and shall include
pneumatic rolling. Do not use steel drum rollers on the reinforced geotextile.
The contractor shall set reference offsets and protect the markings to assure the installation is placed in the
locations marked by the Engineer.
The contractor shall not allow traffic to drive on exposed geotextile.
00350.90 Payment—Add the following.-
The
ollowing:The contract price paid per square yard for reinforced geotexdle shall include full compensation for
furnishing all labor,materials, tools, equipment and incidentals and for doing all work involved in placement
of the geotextile, complete in place, as specified in these special provisions and as directed by the Engineer.
The calculated quantities to be paid for installation of geotextile shall only include the areas marked by the
engineer for installation of geotextile. If the contractor installs a larger area of geotextile, the contractor
does so at his own expense.
SECTION 00480 DRAINAGE CURBS
Comply with Section 00480 of the Standard Specifications modified as follows:
00480.11 Asphalt Concrete: Use`D'mix for drainage curbs.
SECTION 00490 WORK ON EXISTING SEWERS AND STRUCTURES
Comply with Section 00490 of the Standard Specifications modified as follows:
00490.47 Adjusting Catch Basins and Inlets—Add the following:
An optional method of raising grates as shown on sheet C2 may be used in lieu of raising the existing frame
and grate. Weld the new fabricated frame of equal or greater bar thickness and equal or better material
quality to the existing frame with continuous welds. The modified grate and frame must fully maintain the
strength of the existing lid and frame, and must preserve the full functionality of all aspects of the lid, frame,
and drainage structure. Use a Certified Welder. Remove debris that falls into structure.
00490.48 Adjusting Boxes Cleanouts and Similar Structures -Add the following:
Cast or ductile iron riser rings may be used for adjusting monument boxes. Replace aluminum lids with cast
or ductile iron lids that are fitted to the riser ring.
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 54
00490.49 Finish Grade-Add the following:
Water access lids shall only be adjusted by raising the top section of the existing 910 can.
00490.90 Payment:Add the following-.
Item (a) Minor Adjustment of Manholes includes breaking manhole castings loose and adjusting 2"+/- to
finish grade to fit the new slope of pavement.
Item (d) Adjusting Boxes shall include raising water valve, gas valve, monument and cleanout access lids
2"+/-to finish grade.
Item (e)Adjusting Catch Basins consists of raising the frame&grate 3"+/-to '/z"below finish grade.
SECTION 00730 EMULSIFIED ASPHALT TACK COAT
Comply with Section 00730 of the Standard Specifications modified as follows:
00730.42 Preparation of Underlying Surfaces:Add the following:
Sweep edges of existing pavement to expose and clean the entire surface prior to applying tack.
00730.44 Applying Tack Coat:Add the following:
Apply tack to edges of curb,inlets, and joints of adjacent pavement. Seal all joints along the existing pavement
and across driveways with"feathered edge"with hot crackseal 6"wide with rubberized asphalt material as
specified in section 00746.
No separate payment will be made for tack coat or joint seal.
SECTION 00745 HOT MIXED ASPHALT CONCRETE (HMAC)
Comply with Section 00745 of the Standard Specifications modified as follows:
00745.01 Scope—Add the following:
Pre-Leveling: A 3/4" to 1" leveling course of level 3 IIMAC, 1/2" dense grade, shall be laid upon the existing
roadbed prior to placement of reinforced geotextile fabric where indicated on the plans and/or as marked by
the Engineer. Taper the pre-level course to 0 inches in one foot along the outside edges of the area of
reinforced geotextile fabric. Place pre-level by hand on areas of fabric smaller than machine width placement
Replace pre-leveling material lost by traffic before placing fabric.
Pre-leveling will be measured and paid for on a per ton basis and shall be full compensation for all labor,
materials, tool equipment,and all incidental work performed,including applying tack coat as specified.
The calculated quantities to be paid for construction of pre-level course shall only include the areas marked by
the engineer for installation of the pre-level course. If the contractor paves a larger area of pre-level course, the
contractor does so at his own expense.
00745.02 Definitions—Add the following:
FY 2011-12 PIMP Pavement Overlay
Bid Date: June 9,2011 Page 55
Warm Mix Asphalt Concrete (WMAC) -An asphalt concrete mix following all the requirements of HMAC
except that through the use of additives or processes it is mixed and placed at lower temperatures. The term
WMAC shall be used interchangeably with HMAC except in subsections 00745.13(b) and 00745.49(a-1).
WMAC may be used at the Contractors discretion as a no cost change option,if approved by the engineer.
Comply with the current specifications for WMAC.
00745.03 Reclaimed Asphalt Pavement (RAP)Material-Comply with the current specification.
00745.10 Aggregate - In the paragraph that begins "Provide and stockpile...", remove the words "and RAP
aggregates".
00745.10(b-3) Grading-Replace the tolerance list with the following tolerance list:
Separated Sizes
11/4" -3/4" 3/4" -No.4 3/4" - 1/2" 1/2" -No. 4
Percent Passing (by Weight)
Sieve Size T T T T
1 1/2" _ 1
1 1/4"
1" ±10 —1 —1
3/411 ±5 ±5 ±7 —1
1/211 ±8 ±8 ±5
3/8"*
No.4 ±3 ±8 +8 ±8
No. 8 ±5 +5 +5
No. 16* — —
No.30 ±1 ±3 ±3 +3
No. 50* — —
No 100* — — _
No200 ±1.0 ±1.0 +1.0
*Report percent passing sieve when no tolerance is listed
FY 2011-12 PIMP Pavement Overlay
Bid Date: June 9,2011 Page 56
00745.10(c-3) Grading -Replace the tolerance list with the following tolerance list:
Separated Sizes
No.4-0 No.4-No. 8 No. 8 - 0
Percent Passing (by Weight)
Sieve Size
3/8" —
No.4 ±7 +10 —1
No. 8 ±7 ±7 +10
No. 16*
No. 30 ±7 ±5 +8
No. 50*
No. 100*
No. 200 ± 3.0 +- 2.0 +4.0
*Report percent passing sieve when no tolerance is listed
00745.10(c-4) Combination of Fine Aggregate for Testing Replace this subsection with the
following.
Blend together fine aggregate produced in two separate sizes at a 1:1 ratio when testing for sand equivalent
00745.11(b)Asphalt Cement Additives -Replace this subsection with the following:
Use standard recognized asphalt cement additive products of known value for the intended purpose and
approved for use on the basis of laboratory tests.Asphalt cement additives shall have no deleterious effect on
the asphalt material and be completely miscible. Do not use silicones as an additive.Add the following asphalt
cement additives when required by the JMF:
•Anti-stripping asphalt cement additives to prevent stripping or separation of asphalt coatings from aggregates
to satisfy the TSR specified in 00745.13.
•Asphalt cement admixtures used to aid in the mixing.
00745.11(d)Aggregate Treatment-Latex Polymer-A latex polymer aggregate treatment material may be
used to treat new crushed aggregates instead of lime if Tensile Strength Ratio test results on the mixture with
the latex polymer treatment at the JMF meet the minimum criteria in 00745.13(b).
(1) General:
a. Provide a system to automatically meter the latex emulsion at the proper rate and apply the emulsion
uniformly to the aggregate prior to the addition of the asphalt cement. Follow manufacturer's recommendations
to set up,adjust and calibrate the equipment.
b. Demonstrate to the Engineer's satisfaction that the required application rate of latex solids is being met. If it
is not,take corrective action. Document and notify the Engineer of the corrective action.
(3) Material-Use latex polymer emulsion concentrate meeting the following:
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 57
Minimum Maximum Test Method
Solids Percent 65.0—ASTM D 1417
PH 9.0 11.0 ASTM D 1417
Brookfield Viscosity 500 3000 ASTM D 1417
Spindle 3,20 RPM,cps
Provide a quality compliance certificate for the polymer latex emulsion concentrate to the Engineer according
to 00165.35.
(3)Application Rate-Apply the latex emulsion to achieve a minimum of 0.75 pounds of latex solids per ton
of new aggregate (0.0375%) for dense graded mixtures and a minimum of 0.50 pounds of latex solids per ton of
aggregate (0.0259/6) for open-graded mixtures.Higher application rates may be required to meet minimum TSR
limits. Determine application rate during mix design testing.
(4)Treatment During HMAC Production:
a.Adjust aggregate moisture content to meet manufacturer's recommendation for emulsion application.Apply
the latex emulsion at the minimum rate specified above or at a higher rate if TSR testing indicates a higher rate
is required.
b.Apply the latex emulsion to the aggregate just prior to entry into dryer drum.Mix aggregate with the
emulsion in a pugmill or in the dryer drum prior to application of asphalt cement Heat aggregates to at least
250°F after treatment and prior to addition of asphalt cement
00745.14 Tolerances and Limits - Replace the tolerance list with the following tolerance list:
Gradatio Dense-Graded HMAC Type Open-Graded HMAC TYPE
Constituen lit 3/4" 1/2" 3/8" 3/4" 1/2" ATPB
1 1/2" JMF ± 5%*
1"
90 - 100% JMF ±5%* 99- 100% 99- 100%
3/4" -
JMF± 5% 90 100% JMF 5%* 85 - 96% 99 — 100 85 - 95%
- -
1/2" JMF ± 5%JMF ± 5% 90-100% JMF ± 5%* 55 - 71% 90 98% 35 68%
3/8"** - - - 90-100% JMF ± 5% JMF ± 5'/,JMF ± 5%
No. 4 JMF± 5% JMF ± 5% JMF ± 5% JMF ± 5%
No. 8 JMF± 4% JMF± 4% JMF ± 4% JMF ± 4% JMF± 4% JMF± 4%JMF± 4%
No.16**No. 30 JMF± 4%JMF± 4% JMF± 4% JMF ± 4% JMF± 4% JMF± 4%
No. 50**
No.100**
No. 200 JMF ± 2.0%JMF ± 2.0%JMF ± 2.0%JMF ± 2.0% J ± 2.0%JMF ± 2.0%JMF±2.0%
*Maxitnum not to exceed 100%
**Report percent passing sieve when no tolerance is listed
00745.16(a-1) Personnel Requirements -Add the following bullet to the end of the bullet list
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 58
The contractor shall provide a quality control technician to monitor compaction to assure compliance with
Section 00745.A plant inspector from an independent testing firm may be required. The QC person,if
required,will sample aggregate from stockpiles in advance,test the aggregate for durability,per Section 00745,
and shall also be present when producing mix for this project The cost of such inspection shall be incidental to
the payment for HMAC.
00745.16(a-4) Testing Frequency - Delete the paragraph that begins "After the Mix Design...".
Add the following subsection:
00745.16(a-5) Plant Calibration - Calibrate all meters and belt scales at the HMAC mixing plant
according to ODOT TM 322 prior to beginning production.
00745.16('...-1) MDV Quality Control - Comply with the current Special Provision.
00745.24(a) Steel-Wheeled Rollers - Replace this subsection with the following subsection:
(a) Steel-Wheeled Rollers - Provide steel-wheeled rollers with a minimum gross static weight as
follows:
Level 1 and Level 2 Level 3 Level 4
Breakdown and
Intermediate 8 ton 10 ton 12 ton
Finish 6 ton 8 ton 10 ton
00745.46 Control of Line and Grade - - Comply with the current Special Provision; except thickness
shall be within 1/4 inch. Check mat thickness to assure compliance with overlay thickness. Monitor
grade along curb to assure positive drainage. Correct any ponding in the new overlay to the Engineer's
satisfaction.
00745.49(b-1) General- Comply with the current specification.
00745.49(b-3) Moving Average Maximum Density (MAMD) Method - Replace the MAMD list with
the following list:
Course of Construction HMAC
First LMAC lift less than 3 inches placed on aggregate base 91.0
All other 92.0
00745.49(b4) Control Strip Method-Delete this subsection.
00745.49(b-5)Test Results-Renumber this subsection to b-4.
00745.80 Measurement-The quantities of HMAC will include the asphalt.
00745.90 Payment-Add the following paragraph to the end of this subsection:
No separate or additional payment will be made for asphalt cement used in the mixture.
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 59
00745.93 Other Items:Add the following items:
• Tack coat
• Joint sealing
00745.95 HMAC Price Adjustments—Delete this section.
SECTION 00748—ASPHALT CONCRETE PAVEMENT REPAIR
Comply with Section 00748 of the Standard Specifications modified as follows:
00748.20 Equipment—Add the following: Milling machines may be used for excavating repairs.
SECTION 00850- COMMON PROVISIONS FOR PAVEMENT MARKINGS
Comply with Section 00850 of the Standard Specifications modified as follows:
00850.20(b) Equipment for Longitudinal Lines - Replace the paragraph that begins "Use equipment
capable of.."with the following paragraph and bullets:
Provide equipment that can:
• Place two parallel lines simultaneously with 4 inch minimum to 12 inch maximum spacing between the
two lines.
• Place the entire width of a line in one pass.
00850.43 Prepare and Prime Pavement-Add the following: Install pavement markings within ten calendar
days of paving operations.
00850.46 Placement Tolerance-Replace the bullet that begins "Thickness of lines...with the following
bullet:
• Thickness of flat, surface applied lines: + 1/3 of the specified thickness, - 1/10 of the specified
thickness
00850.47(c) Retroreflectivity—Replace the sentence thatbegins "Use a retroreflectometer..."with the following
sentence:
Use a 30 meter geometry retroreflectometer to measure the retroreflectivity within 48 hours of curing,except for
paint applications:
00850.70 Disposal of Waste-Replace this subsection with the following subsection:
00850.70 Disposal of Materials - Dispose of all materials according to 00290.20.
FY 2011-12 PIMP Pavement Overlay
Bid Date: June 9,2011 Page 60
SECTION 00851-PAVEMENT MARKING REMOVAL
Comply with Section 00851 of the Standard Specifications modified as follows:
00851.80 Measurement—Replace this section to read—No measurement for pavement marking removal
will be made. Payment will be incidental and included in other items.
SECTION 00855-PAVEMENT MARKERS
Comply with Section 00855 of the Standard Specifications modified as follows:
00855.40(a) General-Add the following:
Replace fire hydrant reflectors with one reflective Type I bi-directional blue marker, installed 1
foot from the centerline of pavement toward the fire hydrant.
00855.90 Payment-Add the following:
Pavement Marker(Blue Fire Hydrant Locate)
SECTION 00865 -LONGITUDINAL PAVEMENT MARKINGS - DURABLE
Comply with Section 00865 of the Standard Specifications modified as follows:
00865.45 Installation - Replace the bullet that begins "Method B: Non-Profiled Markings..."
with the following:
• Method B: Non-Profiled Markings - Apply with extrusion or ribbon type process.
Sprayer applications will not be allowed. Thickness of lines shall be 120 mils.
SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS
Comply with Section 00867 of the Standard Specifications modified as follows:
00867.45 Installation - Replace the bullet that begins "Type B: Preformed..." with the
following two bullets:
• Type B: Preformed, Fused Thermoplastic Film - Install preformed, fused thermoplastic
film as shown.
• Type B-HS: Preformed Fused Thermoplastic Film High Skid - Install preformed fused
thermoplastic film high skid, that has intermixed reflective elements with factory installed crushed
glass or aggregate on the surface for all staggered continental crosswalks, bike lane stencils,
bike path railroad crossings, and other transverse pavement markings as shown.
00867.90 Payment-Replace this subsection, except for the subsection number and title,with the following.
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 61
The accepted quantities of work performed under this Section will be paid for at the Contract unit price,per
unit of measurement,as listed in the Bid Schedule.
Payment will be payment in full for f n fishing and placing all materials,and for famishing all equipment,labor, and
incidentals necessary to complete the work as specified.
SECTION 00990-TRAFFIC SIGNALS
Comply with Section 00990 of the Standard Specifications modified as follows:
00990.00 Scope-Replace this subsection with the following.
In addition to the requirements of Section 00960 and Section 02920,install loop detectors according to the
current Special Provision and as follows:
00990.43(b-5) Resistance Testing-Add the following paragraph to the end of this subsection:
Furnish a report identifying the resistance for each loop:
• Before splicing and sealing
• Before splicing after sealing
•After splicing and sealing
SECTION 02920 - COMMON ELECTRICAL MATERIALS
Comply with Section 02920 of the Standard Specifications modified as follows:
02920.22 Cable -Add the following sentence to the end of the "Loop Feeder Cable" bullet:
When shown, construct loop feeder circuits of two-conductor No. 18 AWG twisted pair shielded cable
with drain wire conforming to II`ISA 50-2.
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.
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011 Page 62
qv ATTACHMENT A
PROPOSAL
FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
CITY OF TIGARD
This Bid must be signed in ink by an authorized representative of the Bidder; any alterations
the Bid must be initialed in ink by the undersigned authorized representative. or erasures to
Project: FY 2011-12 Pavement Management Pro ram-Asphaltic Concrete Overla
Bid Due Date: June 9,2011
Name of Submitting Firm: S o?
The Undersigned (check one of the following andprouide 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
A corporation organized under the laws of the State ofD.°��� ; or
A limited liability corporation organized under the laws of the State of ; or
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:
Six �.��iv�2rq Grf-� �✓�tn'!" ,sAy,�,Q �a fact- Iti.ano� And 10
/100 Dollars
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 req rement of the Contract
Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the
Basic Bid.
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011
Page 20
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 sure . requested to issue the Performance Bond and Payment Bond will be
lnC��� � 7 d The Undersigned hereby authorizes
surety(ies) company(ies) to disclose any information to the Ci concerningthe Undersigned's abilityto sus ld
a Performance Bond and Payment Bond each in the amount of the Contrt. PP y
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 u HAS 0 HAS NOT (check applicable status) paid unemployment or income taxes in
Oregon within the past 12 months and YHAS 0 HAS NOT (check applicable status) a business address in
Oregon.
The Undersigned ZCHAS ❑ 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 with an expiration date of
Z��3 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 hasfiled 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
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011
Page 22
accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under the
contract.
The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State
of Oregon, its Worker's Compensation Insurance provider is 41C.0,041 Ea.r
No.ps9 wc. Io 01Q4 ,and that Undersigned shall submit Certificates of Insurance as requiredPolicy.
Name of Company: S o.2 CO/LfjzZ -a<d rs /�
Company Address:
Federal Tax ID: �/j
h Tele U D
pone: S D3 — >!O.S/-- 5/ y
_ Fax:
(SEAT'
.,P
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 I
understand that I will be required to provide necessary information to verity that the fir eets ese
qualifications if selected for the subsequent Agreement.
Authorized Signature:
Printed Name &Title:
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.
ATTACHMENT B
ACKNOWLEDGMENT OF ADDENDA
FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
CITY OF TIGARD,OREGON
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
If none received, write `None Received"
1. 4az--1,fi1 3.
2. 4.
Date
Signa e of Proposer
Title
-5Z 60A97,r 6 rT j,2 c_
Corporate Name
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011
Page 24
ATTACHMENT C
BID CERTIFICATIONS
FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
CITY OF TIGARD,OREGON
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: - - S`iy,►�r (le--2! Con �r� �o r �(ng,_
Firm Name: $ 'i2 `G1�f/2hG�tjl�' (/tom
Address: Colo Drtc�P�^Sr�t'.-Z ,e p
Acedy-� D2 �
Officer's signatu
Type or print officer's name: •���tG s/�/�//✓4)
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011
Page 25
ATTACHMENT D
FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
PROJECT NAME: FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
BID #: CIP 2011-95001 BID CLOSING: Date: June 9,2011 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 furnishing labor and
materials and that is required to be disclosed, the category of work that the subcontractor will be
performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that
need to be disclosed, (ATTACH ADDITIONAL SHEETS IF NEEDED).
NAME DOLLAR VALUE CATEGORY OF WORK
G.�. Co✓�-trc,ear
$_ 3, t-
S
2) (Kae.tc«ate $_ s 3� 3 4�0 6 Seg a tAv(v
3) $
4) $
5) $
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): -5- 2 Gvrvfpz::CC_,5WITS
Contact name:_ Phone
FY 2011-12 PMP Pavement Overlay
Bid Date: June 9,2011
Page 26
CITY OF TIGARD
Addendum #1 - Bid Schedule For:
FY 2011-12 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
Instructions: Complete yellow-highlighted cells with company name in cell B10, and unit prices in Column
E for each item in the bid schedule. Then print this sheet, fill in total bid amount in words, fill in company
name and sign at the bottom, and submit with your bid. Do not alter any other cells.
S-2 CONTRACTORS INC
Bidder Name
Item No Description Quantity Unit Unit Price Item Total
Schedule A
BASE BID PACKAGE - NORTH DAKOTA, 98TH, COMMERCIAL, KABLE, HOODVIEW, 66TH,
1 Asphaltic Concrete Overlay Project Sign 9 EA $100.00 $900.00
2 Asphaltic Concrete 2" Grind And Inlay 3101 SY $10.00 $31,010.00
3 Asphaltic Concrete 4" Grind And Inlay 456 SY $13.00 $5,928.00
4 Adjust Sanitary/Storm Manhole 29 EA $100.00 $2,900.00
6 Adjust Sanitary/Storm Manhole, Minor 2 EA $120.00 $240.00
7 Adjust Telephone Manhole 1 EA $100.00 $100.00
8 Adjust Utility Valve Box 28 EA $50.00 $1,400.00
9 Adjust Traffic Control Junction Box 1 EA $300.00 $300.00
10 Adjust Catch Basin/Area Drain 14 EA $100.00 $1,400.00
11 Cold Plane Pavement Removal 3004 SY $11.50 $34,546.00
12 Standard Depth Digout&Repair (6") 264 SY $37.00 $9,768.00
13 Full Depth Digout&Repair (18") 265 SY $42.00 $11,130.00
14 Pavement Geotextile, Reinforced 4922 SY $3.50 $17,227.00
15 Asphaltic Concrete-Prelevel 272 TONS $80.00 $21,760.00
16 Asphaltic Concrete Overlay 3167 TONS $70.00 $221,690.00
17 Adjust Survey Monument Box 2 EA $500.00 $1,000.00
21 Construct AC Curb 215 LF $5.00 $1,075.00
22 Construct Speed Cushion 1 EA $1,500.00 $1,500.00
23 3/4"-0" Shoulder Rock 55 TONS $25.00 $1,375.00
24 Pavement Stripe, Durable,Type 1 234 LF $1.50 $351.00
25 Pavement Stripe, Durable,Type 3 3034 LF $2.35 $7,129.90
26 Pavement Stripe, Durable, Type 5 645 LF $1.60 $1,032.00
27 Pavement Stripe, Durable,Type 7 810 LF $2.15 $1,741.50
28 Pavement Stripe, Durable,Type 9 2081 LF $2.15 $4,474.15
29 Pavement Stripe, Durable,Type 10 1238 LF $1.10 $1,361.80
30 Pavement Marking-Stop Bar (S) (1' Wide) 238 LF $9.00 $2,142.00
31 Pavement Marking-Standard Crosswalk (CW) 85 LF $9.00 $765.00
32 Pavement Marking-Staggered Crosswalk (C\X'-SQ 360 SF $9.00 $3,240.00
33 Pavement Marking-Arrow-Type (E-LA/E-RA/E-SA) 25 EA $210.00 $5,250.00
34 Pavement Marking-Arrow-Type (E-LSA/E-RSA) 9 EA $335.00 $3,015.00
Bidder Name
Item No Description Quantity Unit Unit Price Item Total
36 Pavement Marker (Bi-Directional Yellow) 92 EA $3.75 $345.00
37 Pavement Marker (Bi-Directional White) 194 EA $3.75 $727.50
38 Pavement Marker (Blue-Fire Hydrant Locate) 11 EA $3.75 $41.25
39 Pavement Marker-Bike Lane Symbol (BS) 6 EA $335.00 $2,010.00
40 Pavement Marker-BUMP 2 EA $600.00 $1,200.00
41 Reflective Delineator Panels 12 EA $500.00 $6,000.00
BASE BID PACKAGE(Schedule A) TOTAL $406,079.10
Schedule B
79TH AVENUE
42 Asphaltic Concrete Overlay Project Sign 2 EA $100.00 $200.00
43 Adjust Sanitary/Storm Manhole 4 EA $100.00 $400.00
44 Adjust Utility Valve Box 4 EA $50.00 $200.00
45 Adjust Catch Basin/Area Drain 3 EA $100.00 $300.00
46 Cold Plane Pavement Removal 130 SY $10.00 $1,300.00
47 Pavement Geotextile,Reinforced 1500 SY $11.50
$17,250.00
48 Asphaltic Concrete-Prelevel 83 TONS $80.00 $6,640.00
49 Asphaltic Concrete Overlay 450 TONS $70.00
$31,500.00
50 Install Survey Monument Box 1 EA $1,000.00 $1,000.00
51 3/4"-0" Shoulder Rock 34 TONS $25.00 $850.00
52 Pavement Marker (Blue-Fire Hydrant Locate) 2 EA $3.75 $7.50
79THAVE(SCHEDULE B) TOTAL $59,647.90
SCHEDULES A + B TOTAL $465,722.60
Schedule C
PARK STREET
53 Asphaltic Concrete Overlay Project Sign 1 EA $100.00 $100.00
54 Asphaltic Concrete 2" Grind And Inlay 215 SY $10.00 $2,150.00
55 Adjust Sanitary/Storm Manhole 3 EA $100.00 $300.00
56 Adjust Sanitary/Storm Cleanout 1 EA $75.00 $75.00
57 Adjust Utility Valve Box 4 EA $50.00 $200.00
58 Adjust Catch Basin/Area Drain 4 EA $100.00 $400.00
59 Cold Plane Pavement Removal 650 SY $5.00 $3,250.00
60 Pavement Geotextile, Reinforced 288 SY $11.50 $3,312.00
61 Asphaltic Concrete-Prelevel 16 TONS $80.00 $1,280.00
62 Asphaltic Concrete Overlay 364 TONS $70.00 $25,480.00
63 Install Traffic Loop Detector 6 EA $650.00 $3,900.00
64 Pavement Stripe,Durable,Type 3 290 LF $2.35 $681.50
65 Pavement Stripe, Durable,Type 7 100 LF $2.15 $215.00
66 Pavement Stripe, Durable,Type 9 685 LF $2.15 $1,472.75
67 Pavement Stripe, Durable,Type 10 65 LF $1.10 $71.50
68 Pavement Marking-Stop Bar (S) (1'Wide) 26 LF $9.00 $234.00
69 Pavement Marking-Standard Crosswalk(CV/) 160 LF $9.00 $1,440.00
Bidder Name
Item No Description Quantity Unit Unit Price Item Total
70 Pavement Marking-Staggered Crosswalk(CW-SC) 108 SF $9.00 $972.00
71 Pavement Marking-grow-Type(E-LA/E-RA/E-SA) 4 EA $210.00 $840.00
72 Pavement Marker (Bi-Directional Yellow) 7 EA $3.75 $26.25
73 Pavement Marker (Bi-Directional White) 28 EA $3.75 $105.00
74 Pavement Marker (Blue-Fire Hydrant Locate) 2 EA $3.75 $7.50
75 Pavement Marker-Bike Lane Symbol (BS) 1 EA $335.00 $335.00
PARKSTREET(SCHEDULE C) TOTAL $46,847.50
SCHEDULES A + B + C TOTAL $512,570.10 r/
Schedule D
74TH AVENUE
76 Asphaltic Concrete Overlay Project Sign 1 EA $100.00 $100.00
77 Adjust Sanitary/Storm Manhole 4 EA $100.00 $400.00
78 Adjust Telephone Manhole 2 EA $100.00 $200.00
79 Adjust Utility Valve Box 7 EA $50.00 $350.00
80 Adjust Catch Basin/Area Drain 3 EA $100.00 $300.00
81 Cold Plane Pavement Removal 140 SY $10.00 $1,400.00
82 Standard Depth Digout&Repair (6") 20 SY $37.00 $740.00
83 Pavement Geotextile,Reinforced 2195 SY $11.50 $25,242.50
84 Asphaltic Concrete-Prelevel 121 TONS $80.00 $9,680.00
85 Asphaltic Concrete Overlay 600 TONS $70.00 $42,000.00
86 3/4"-0" Shoulder Rock 31 TONS $25.00 $775.00
87 Pavement Stripe, Durable,Type 3 90 LF $2.35 $211.50
88 Pavement Stripe,Durable,Type 7 40 LF $2.15 $86.00
89 Pavement Marker (Bi-Directional Yellow) 3 EA $3.75 $11.25
90 Pavement Marker (Bi-Directional White) 3 EA $3.75 $11.25
91 Pavement Marker (Blue-Fire Hydrant Locate) 4 EA $3.75 $15.00
74THAVENUE(SCHEDULED) TOTAL $81,522.50
SCHEDULES A + B + C + D TOTAL $594,092.60
Schedule E
97TH AVENUE
92 Asphaltic Concrete Overlay Project Sign 1 EA $100.00 $100.00
93 Adjust Sanitary/Storm Manhole 14 EA $100.00 $1,400.00
94 Adjust Utility Valve Box 3 EA $50.00 $150.00
95 Adjust Catch Basin/Area Drain 8 EA $100.00 $800.00
96 Cold Plane Pavement Removal 755 SY $5.00 $3,775.00
97 Pavement Geotextile,Reinforced 90 SY $11.50 $1,035.00
98 Asphaltic Concrete-Prelevel 5 TONS $80.00 $400.00
99 Asphaltic Concrete Overlay 889 TONS $70.00 $62,230.00
100 Adjust Survey Monument Box 1 EA $500.00 $500.00
101 Replace Survey Monument Box 2 EA $1,000.00 $2,000.00
102 Pavement Stripe,Durable,Type 3 1789 LF $2.35 $4,204.15
Bidder Name
Item No Description Quantity Unit Unit Price Item Total
103 Pavement Stripe, Durable, Type 7 110 LF $2.15 $236.50
104 Pavement Stripe, Durable,Type 9 3148 LF $2.15 $6,768.20
105 Pavement Stripe, Durable, Type 10 710 LF $1.10 $781.00
106 Pavement Marking-Staggered Crosswalk (C\X'-SC) 370 SF $9.00 $3,330.00
107 Pavement Marker School Crossing(SCH &XNG) 3 EA $1,020.00 $3,060.00
108 Pavement Marker (Bi-Directional Yellow) 45 EA $3.75 $168.75
109 Pavement Marker (Bi-Directional NXI-iite) 133 EA $3.75 $498.75
110 Pavement Marker (Blue-Fire Hydrant Locate) 5 EA $3.75 $18.75
111 Pavement Marker-Bike Lane Symbol (BS) 7 EA $335.00 $2,345.00 /
97THAVENUE(SCHEDULE E) TOTAL $93,801.10
SCHEDULES A +B + C+D +E TOTAL $687,893 70
6a-...✓if t e,4�
/Schedules A + B + C + D + E Bid Total in Words
S-Z Com
Company N/,a, and4kutlforized Signature
ATTACHMENT E
BID HOND
FY 2OU-12 PAVEMENT MANAGEWNT PROGPAM
Asphaltic Cuticretc Overlay
Crry of Timm n,OnGoN
We,S-2 Contractors, Inc. ae"Principal,
(Nwzc of Principal}
wad Western Surety CompanySouth Dakota
an- - _Corporation,
(Name of Surety)
authorlxed to transact Surety business iq the State of Oregon,as"Surety,"hereby jointly add severally bind
ourselves, our respective heirs, executors, adtninistrato% successore, and assigns to pay unto the City of
Tigard ("Obligee's the sum of Ten Percent of Total Amount Bid---
Dollars($10%of Bid--- � and
---/too
WIEREAS,the condition of the obligation of this bond is the Ptinclpal has submitted a bid or proposal
to the Obligee in response to Obligee's; solicitation for the project identified as FY 2011-12 P.A,VEMEN'T
MANAGEMENT PROGRAM — Sliury Seal, which bid or proposal is made a part of this bond by
re£excnce, and Principal is required to furnish bid security in an atnount equal to ten percent(10010)of the
total amount of the bid pursuant to the solicitati A document.
NOW, THEREFORE, if the bid or proposal submitted by Principal is accepted, apd if a contract
pursuant to the ptoposal of bid is awarded to PlinaipA and if Princlpal eaters into and executes such
contract within the time specified in the said docummts and delivers to Obligee its good and sufficient
Performance Bond and Payment bond requited by Obligee withia, the time fixed by Obligee, then this
obliggtion shall be voA,otherwise,it shall remain in full force and effect.
IN WITNESS WHEREOP, we have caused this instrmimt to be executed and sealed by our duly
authorized legal xepresentatives this 9th day of June 2011
PRINCIP S-2 Contrac gUy;Western Surety Company
B . BY ATTORNEY-IN-FACT
Signature
Gloria Bruning
P
Attest
Signature
1201 SW 12th Ave.,#500
Address
Portland, OR 97205
City State Zip
FY 2011-12 PW Pavement Ovcdzy
Bid 1)%te:June 9,2011 Page 27
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Philip O Forker, Ray M Paiement, John D Klump, Gene M Dietzman, James P Dooney, Vicki
Mather, Gloria Bruning, Richard W Kowalski, Tamara A Ringeisen, Brent Olson, J Patrick
Dooney, Karen A Pierce,Joel Dietzman, Christopher A Reburn,Individually
of Portland,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,AT-STERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 7th day of February,2011.
WESTERN SURETY COMPANY
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Paul .Bruflat,Seni�Viceesident
State of South Dakota 1
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County of Minnehaha SS
On this 7th day of February,2011,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota;that he is the Senior Vice President of'AT-STERN SURETY COMPANY described in and
which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +
s D. KRELL s
S
November 30,2012 s s AE L NOTARY PUBLIC EAs s
s SOUTH DAKOTA s
S s
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CERTIFICATE D.Krell,No ry Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is st'll in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this—�day of �� L
°Q�S�REryCp WESTERN SURETY COMPANY
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Form F4280-09-06 L.Nelson,Assistant Secretary