C R Contracting ~ CP15001 City of Tigard
CONTRACT CHANGE ORDER 13125 s Hall Blvd.
Tigard,Oregon 97223
Is
Phone- (503) 639-4171
97
AMENDMENT #1 SUMMARY FORM Fay - (503) 684-721
R\vy—tl card-o goy
Project Title: 2014 Summer Pavement Crack Seal Project Manager: Mike McCarthy
Contractor: C.R. Contracting Original Contract#: CP15001
Effective Dates: 7/1/14 to 12/31/14 Change Order/Amendment Amount: $8,902.52
Accountin Strin :412-8000-56005-95001-140 Amendment Percentage RunningTotal: 5%
AMENDMENT DETAILS
Additional cost to pay for final quantities at$0.58 per linear foot of crack seal installation.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $180,000.00
Amendment#1 $8,902.52
TOTAL $188,902.52
REASONING FOR CHANGE ORDER/AMENDMENT
Amendment to add 15,349.18 linear feet crack seal.This is the final amount.
REQUESTING PROJECT M4LAGER APP R VING CITY STAFF
S Lure S� ature
11 W � - -- -� 6'711 --- --
ate - - -- --- -� Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
2014 SUMMER PAVEMENT CRACI{SEAL#CP15001
AMENDMENT # 1
THIS CONTRACT,made and entered into this 11"' day of June,2014,by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City" and C.R. Contracting hereinafter
called "Contractor", duly authorized to perform such services in Oregon
8. Compensation
A. Progress Payments: City agrees to pay Contractor an amount not exceeding One Hund-r�
Eighty Thousand and No/100 Dollars ($180,000-00� One Hundred Eighty Eight
Thousand Nine I-Iundred Two and 52/100 Dollars ($188,902.52 for performance of those
services provided hereunder.All work shall be done upon a unit price of 58/100 Dollars ($0.58)
per linear foot of crack seal installation.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD C.R.CONTRACTING
Signature Signature
Printed Name Printed Name
Date Date
W,
(THIS FORMMUST ACCOMPANY EVERY CONTRACT) ��
Contract Tide: FY 2014-15 PMP—Crack Seal Number•`
Contractor: CR Contracting, Inc. Contract Total: $180000
Contract Overview: Seal cracks in the pavement of city streets
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: P
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service X Public Improvement
❑ IGA ❑ Other: Start Date: 7/1/14 End Date: 12/31/14
Quotes/Bids/Proposal: FIRM AmouNT/ScoRE
CR Contracting,Inc. $0.58 / if
Roger Lang_ehers Construction, Inc. $0.95 / 1
Account String: Fund-Division-Account Work Order—Activit;Tyke Amount
FY14/15 412-8000-56005 95001-140 $180,000
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date: 6/10/14
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature: /
City Manager Comments: 5 VGI S'S YY� d
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Cbecklist.
TIGARD
City of Tigard
13125 SW Hall Blvd
Tigard,Oregon 97223
Phone: 503-639-4171
Fax: 503-684-2797
CONTRACT DOCUMENTS
for the construction of
2014 Summer Pavement Crack Seal
Project No.: CIP 2014-95001CS
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Approved by: cha . Stone,P.E.,City Engineer
EXP iREs: t/ cly�,
Bid Proposals Due & Bids Open: May 8,2014-3:00 PM
Version:
CITY OF TIGARD, OREGON
TIGARD
CONTRACTDOCUMENTS
2014 Summer Pavement Crack Seal
DATE DUE: May 8, 2014
TIME DUE: 3:00 pm
Envelopes must be sealed and marked with project title.
Bidders must submit one (1) original of their Bid.
If a bid exceeds $100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in
this packet,to the City no later than 5:00 pm,May 8,2014
PROJECT MANAGER: QUESTIONS REGARDING THE BID:
Mike McCarthy, P.E. Joe Barrett, Sr. Management Analyst
City of Tigard, Public Works Engineering City of Tigard, Procurement Office
Phone: (503) 718-2462 Phone: 503-718-2477
Fax: 503-624-0752 Fax: 503-684-2797
Email: mikem@tigard-or.gov Email: josenh9tieard-or.gov
SUBMIT BIDS TO:
Joe Barrett, Sr. Management Analyst
City of Tigard—Utility Billing Counter
13125 SW Hall Blvd
Tigard, Oregon 97223
CITY OF TIGARD
ADVERTISEMENT FOR BIDS
2014 SUMMER PAVEMENT CRACK SEAL
The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Utility Billing Counter
located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 until 3:00 pm local time,Thursday,May 8, 2014 for the
2014 Summer Pavement Crack Seal construction project. Bids will be opened and publicly read aloud
immediately after the bid's closing time and date at Tigard City Hall.
The project generally consists of the following:
1. Installation of crack seal on city streets
2. Temporary signage,protection,and traffic control
3. Performance of additional and incidental work as called for by the specifications and plans.
Basis of Bid Award shall incorporate all items identified on the Bid Schedule.
Pursuant to Tigard Public Contracting Rule 30.055, all bidders must submit a bid security to the City along
with their bid in an amount equal to ten percent (10%) of their base bid. In the event a bid exceeds $100,000,
Bidders must submit a First Tier Subcontractor Disclosure Form, provided in this packet, to the City no later
than 5:00 pm local time,May 8,2014.
The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and
279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be
incorporated by reference as if fully set forth in any contract resulting from this Invitation to Bid. Contractor
shall provide proof to the City prior to the beginning of any of the work that the Contractor has filed a public
works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as
required under Oregon PWR law.
No bid will be considered unless fully completed in a manner provided in the bid packet. Facsimile and
electronic (email) bids will not be accepted nor will bids be accepted after the stated opening date and time.
Bids received after the closing time will be returned to the submitting firm unopened after a contract has been
awarded for the required services.
Bid packets may be obtained online at hqp://www.iig dd-or.gov/business/bids/current bids.asp,in person at
Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by
contacting Joe Barrett, Sr. Management Analyst, at joseph(Itigard-or.gov. The City may reject any bid not in
compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any
or all bids upon a finding of the City if it is in the public interest to do so.
Published: Daily journal of Commerce
Date: April 25, 2014 and April 28,2014
Published: Tigard Times
Date: May 1, 2014
TABLE OF CONTENTS
TITLE PAGE
TitlePage-----------------------------------------------------------------------------------------------------------2
Advertisement for Bids 3
Table of Contents. 4
INSTRUCTIONS TO BIDDERS
Section 00120 Bidding Requirements and Procedures-------------------------------------------------------------5
Section 00130 Award and Execution of Contract 14
------------------------------------------------------------------
BID BOOKLET
AttachmentA Proposal-----------------------------------------------------------------------------------------------------------19
Attachment B Acknowledgement of Addenda___________________________________________________-____________22
Attachment C Bid Certifications 23
---------------------------------------------------------------------------------------------
Attachment D First Tier Subcontract Disclosure Form--- 24
------------------------------------------------------
Attachment E Bid Bond Form 25
CONTRACT BOOKLET
Attachment F Public Improvement Contract-------------------------------------------------------------------------26
Attachment G Performance Bond Form 40
--------------------------------------------------------------------------------
Attachment H Payment Bond Form_._.__.--------------_-. __._----. .___._--_--------------------42
Attachment I Supplementary General Conditions------------------ ---------------------------------------44
Attachment J Special Provisions--------------------------------------------------------------------------------------------
Attachment K Oregon BOLI Prevailing Wage Rates
DRAWINGS 2014 Pavement Maintenance Crack Seal Project Map
2014 Tigard Summer Pavement Crack Seal Street List
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
This Section replaces Section 00120 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00120.00 Bid Closing Time and Date - The advertisement, included in the Bid Booklet sets the deadline
date and time for submitting bids.
00120.01 General Bidding Requirements - Bidders may obtain and submit Bids by paper before the
deadline stated in the Advertisement for Bid and at the location stated in the Advertisement for Bid.
00120.05 Requests for Solicitation Documents - Informational Plans and Specifications (not for bidding)
are available at the City of Tigard, 13125 SW Hall Blvd. Tigard, OR 97223 at no charge.
Copies of the Oregon Standard Specifications may be purchased at the ODOT Procurement Office -
Construction, Contractor Plans,455 Airport Road SE,Building K, Salem, Oregon 97301-5348 (telephone (503)
986-6936). The Oregon Standard Specification can be obtained on line free of charge at:
http://-,v-,v-,v.oregon.gov/ODOT/H`VY/SPECS/standard specifications.shtinl.
(a) Paper Bids - Bidders must obtain Solicitation Documents from the City of Tigard, 13125 SW Hall
Blvd., Tigard, OR 97223. Each request must include both the name of dne person ordering or
obtaining the Solicitation Documents,and the name of the Entity intending to use them. (The City will
add the name of the Entity intending to use the Solicitation Documents to die list of Holders of
Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of
Tigard may be used to submit Bids.
(b) Standards and Specifications - The work embraced herein shall be done ui accordance with the
following standards and specifications.
City of Tigard Public Improvement Design Standards Download from the City's web site
CWS Design and Construction Standards 07-20 xvxvw.cleanwaterservices.org
Supplementary General Conditions Included in the Bid Booklet
Manual on Uniform Traffic Control Devices (MUTCD)
Oregon Standard Specifications Version 2008—Volumes 1 &2 available from ODOT
Copies of these standards and specifications can be found at the locations stated above.
00120.10 Bid Booklet-The Bid Booklet may include,but is not limited to:
• Proposal
• Acknowledgement of Addenda
• Bid Certifications
• First Tier Subcontractor Disclosure
• Bid Bond
By signing the Certificate of non-collusion, Bidder certifies that this bid/proposal has been arrived at
independently and has been submitted without collusion designed to limit independent bidding or competition.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered-Before submitting a Bid,Bidders shall carefully exannine the site of the proposed Work, the Bid
Booklet, Plans, and Specifications. Bidders shall also contact Utility owners to verify all Utilities' anticipated
involvement on the Project Site. Bidders are also encouraged to review any subsurface investigation material
referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder
has examined the Project Site and Solicitation Documents, finds the Plans and Specifications to be sufficiently
detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be
encountered in performing the Work and all requirements of the Contract.
The City and its employees will not be responsible for loss or unanticipated costs suffered by the Bidder
because of the Bidder's failure to become fully informed about all conditions of the Work, or failure to request
clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
(a) Clarifications -Any clarification of Plans and Specifications needed by the Bidder shall be requested in
writing through the Procurement Office. Requests shall be made in sufficient time for the Agency's
reply to reach all Bidders before Bid Closing. Oral explanations or interpretations given before
receiving Bids for a Project will not be binding. To be binding, interpretation of the Plans and
Specifications by the City must be made by written Addendum furnished to all Holders of Bidding
Plans according to 00120.30. Notification of erroneous or incomplete Plans or Specifications shall also
be submitted to the Procurement Office. Such notification shall also be made in sufficient time for the
City to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing.
(b) Protest of Specifications or Terms -A bidder who believes any specifications or terms detailed in dze
bid packet or sample contract (Attachment F) are unnecessarily restrictive or limit competition may
submit a protest in writing, to the Procurement Office. A protest may be submitted via facsimile. Any
such protest shall include the reasons for the protest and shall detail any proposed changes to the
specifications or terms. The Procurement Office shall respond to any protest and, if necessary, shall
issue any appropriate revisions, substitutions, or clarification via addenda to all interested Bidders.
To be considered,protests must be received at least seven- (7) calendar days before the bid closing date.
The City shall not consider any protest against award due to the content of bid specifications or
contract terms submitted after the established protest deadline. All protests should be directed to the
Procurement Office and be marked as follows:
Bid Specification/Term Protest
2014 Summer Pavement Crack Seal
City of Tigard
Attn: Joe Barrett,Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
If a bid protest is received in accordance with section above, the bid opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the bid
documents.
The City is not obligated to consider any protests unless the issue has first been submitted for
clarification and a decision issued under subparagraph (a) above.
00120.16 Material, Equipment, and Method Substitutions - When the Contract specifies certain
Materials, Equipment, and/or methods, the Bidder shall include those Materials, Equipment, and/or methods
in the Bid unless the Engineer has issued an Addendum granting approval to substitute. The procedure for
requesting approval is as follows:
(a) Written Request - If a Bidder proposes to use Materials, Equipment and/or methods other than
those specified, the Bidder shall send a written request to the Engineer, at least seven Calendar Days
prior to Bid Opening, including complete descriptive and technical information on the proposed
Materials, Equipment and/or methods.
(b) Functional Similarity - Materials and Equipment proposed for substitution shall be similar in
design, and equal or better in quality and function to those specified.
(c) Manufacturer's Information - If manufacturers' brochures or information is needed, the Bidder
shall submit three copies of each with all pertinent information clearly marked.
(d) Differences - The Bidder shall specifically note all differences between the specified Materials,
Equipment and/or methods and the proposed substitutes.
(e) Cost - Where a substitute will result in alteration of the design or space requirements, or any other
modifications to the Plans, the Bidder shall include in the substitution request all items of cost for
the revised design and construction.
(f) Notification of Holders of Bidding Plans - If the Engineer approves any proposed substitution,
such approval, and any modifications necessitated to the design and construction by the
substitution,will be acknowledged by Addenda.
Unless the Engineer has approved substitutions of Materials, Equipment, and/or methods prior to
opening of Bids, the Bidder shall furnish the items specified in the Contract. Substitution after
Award is specified in 00180.31(b), 00180.31(c), and 00180.31(d).
00120.17 Use of City-Owned Land for Staging or Storage Areas - The Contractor may use Agency-
owned property for staging or storage areas,subject to the following limitations:
(a) Within Normal Right-of-Way Limits - If approved by the Engineer, the Contractor may use
available property within the normal Right-of-Way limits for the purpose of constructing
improvements under the Contract, as long as such use does not unduly impede other legitimate
users of the Right-of-Way or adjacent properties. Where the City owns, or has rights to, other
adjacent properties in the Project area, "normal Right-of-Way" is limited to a line drawn across that
property connecting the normal Right-of-Way limits on either side of the property.
(b) Outside Normal Right-of-Way Limits - The Contractor may not use City-owned property
outside of normal Right-of-Way limits for the Project without the approval of the City.
If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the
Contractor, or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum.
If approval is not obtained before submitting a Bid, and the Contractor proposes to use City-owned
property outside the normal Right-of-Way limits, then use of the property may be approved by the
Engineer, but the Contractor will be assessed fair market value, as determined by the Engineer, for
use of the property.
(e) Restrictions on Use - Contractors shall comply with all applicable laws, ordinances, and regulations
pertaining to use of City-owned property, and shall:
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by, or resulting from, Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The City does not warrant that the actual
individual items, amount of Work, or quantities Nvill correspond to those shown in the Bid Schedule. Payment
to the Contractor will be made only for actual quantities of Work performed and accepted or Materials
furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be
furnished may each be increased,decreased,or omitted as provided in 00120.30 and 00140.30.
00120.25 Subsurface Investigations - If the City or its consultant has conducted subsurface or geologic
investigations of the proposed Project Site, the results of the investigations may be included in written reports.
If reports have been prepared, copies will be available at the Engineer's office. If the City has retained
subsurface samples, they will also be available for inspection. Bidders and the Contractor may make
arrangements for viewing the samples through the City's office.
The availability of subsurface information from the City is solely for the convenience of the Bidder and shall
not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required
by 00120.15,or odler responsibility under die Contract Documents. It is mutually agreed to by all parties that:
• The written report(s) are reference documents and not part of the Contract Documents.
• The subsurface investigations made by the City are for the purpose of obtaining data for planning
and design of the Project.
• The data concerning borings is intended to represent with reasonable accuracy conditions and
materials found in specific borings at the time the borings were made.
00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids - The City may
modify the Solicitation Documents by issuance of an "Addendum" to all prospective bidders within a
reasonable time prior to bid closing to allow bidders to consider them in preparing their bids,but in no case less
than 48 hours before the bid closing. If an Addendum is necessary after that time, the City, at its discretion, can
extend the closing date.
Any Addendum issued, as a result of any change in the Solicitation Documents, must be acknowledged by
subnutting the "Acknowledgment of Addendum" (Attachment B) with a proposal. Only questions that are
answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect.
00120.40 Preparation of Bids:
(a) Bidding Considerations - Bids must be prepared on the Bid Proposal included in Attachment A
and must be completed, signed, dated, and submitted prior to the closing date and time. All bids
shall be prepared and submitted in ink or typewritten. By submitting a completed Bid Form, the
Bidder is stating their conformance with all requirements of the Invitation to Bid which will be
incorporated into any subsequent contract. Failure to comply with all requirements set forth in the
Invitation to Bid may result in ffic rejection of a bid.
Bidders may refer to the following Subsections for requirements that may affect bidding
considerations:
• 00120.80, Preference for Oregon Resident Bidders
• 00130.80, Restrictions on Commencement of Work
• 00150.55, Coordination of Work
• 00150.75, Protection and Maintenance of Work
• 00160.20(a), Buy America
• 00160.20(b),Buy Oregon
• 00180.20, Subcontracting Limitations
• 00180.21, Subcontracting
• 00195.50(a-1), Incidentals
• 00195.00(a), Cost of Insurance and Bonds
(b) Paper Bids - The Bidders shall not alter, in any manner, the paper documents bound within the Bid
Section. Bidders shall complete the certifications and statements included in the Bid Section of the
Bid Booklet according to the instructions. Signature of the Bidder's authorized representative
thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements
contained in the paper Bid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures
and initials shall be in ink, except for changes submitted by facsimile (FAZE transmission as
provided by 00120.60 (in which case Ft1<Z signatures shall be considered originals).
The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40(e)).
(c) Recyclable Products - Bidders shall use recyclable products to the maximum extent economically
feasible in the performance of the contract set forth in this document.
(d) Bid Schedule Entries - Using figures, Bidders shall fill in all blank spaces in the paper Bid
Schedule. For each item in the paper Bid Schedule, Bidders shall enter the unit price and the
product of the un-lit price multiplied by the quantity given. The unit price shall be greater than zero,
shall contain no more than two decimal places to the right of the decimal point, and shall be
expressed in U.S. dollars and cents (for example, $150.25 or $0.37). Bidders shall also enter the total
amount of the Bid obtained by adding amounts for all items in the paper Bid Schedule. Corrections
or changes of item entries shall be in ink, with incorrect entry lined out and correct entry entered
and initialed.
(e). Bidder's Address and Signature Pages - Bidders shall include in the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly
authorized representative of the Bidder.
(f) Bid Guaranty - All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the total
amount of the Bid. The Bid guaranty shall be either a Surety bond, irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or
certified check made payable to the Agency. (see ORS 279C.365(4)).
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with
the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal
affixed. The Bid guaranty shall be submitted by mail, delivery service, or hand delivered to the
offices and addresses, and at the times given in the paper Bid Booklet
Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered by 00130.70.
A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly and
properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract
has been executed or all bids have been rejected.
(g) Disclosure of First-Tier Subcontractors - If a Bidder's Bid on a public improvement Project
exceeds $100,000, the Bidder shall, within two working hours of the time Bids are due to be
submitted, submit to the Agency, on a form provided by the Agency, a disclosure identifying any
first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is
equal to or greater than:
• 5% of the total Project Bid,but at least$15,000; or
• $350,000,regardless of the percentage of the total Project Bid.
For each Subcontractor listed,Bidders shall state:
• The naive of the Subcontractor;
• The dollar amount of the subcontract; and
• The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so
indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor
listed, Bidders shall provide all requested information. An incomplete form will be cause for
rejection of the Bid.
The Subcontractor Disclosure Form may be submitted for a paper Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it
together with the Bid at the time and place designated for receipt of Bids;
• By removing it from the paper Bid Booklet, filling it out and submitting it separately to the
Agency Procurement Office, at the address or FAX number given in the Bid Booklet.
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by
the Procurement Office within two working hours of the time designated for receiving Bids. Bids
not in compliance with the requirements of this Subsection will be considered non-responsive.
00120.45 Submittal of Bids:
(a) Paper Bids - Paper bids may be submitted by mail, parcel delivery service, or hand delivery to die
offices and addresses, and at the times given in the Bid Booklet. Submit paper Bids in a sealed
envelope marked with the word "Bid", the name of the Project, and the words "To Be Opened Only
by Authorized Personnel" on the outside. If a delivery or courier service is used, die Bidder shall
place the scaled envelope containing the paper Bid inside the delivery or courier service's envelope.
Closing time for acceptance of paper Bids is the time stated in the Advertisement on the day of Bid
Opening.
Paper Bids submitted after the time set for receivilg paper Bids will not be opened or considered.
The Agency assumes no responsibility for the receipt and return of late paper Bids.
(b) Submission - One (1) original and one copy of the scaled Bid must be received before the stated
closing time at the address listed below. To assure that your bid receives priority treatment, please mark
as follows.
2014 Summer Pavement Crack Seal
Due Date: May 8, 2014
City of Tigard—Utility Billing Counter
Attn: Joe Barrett,Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's
responsibility to ensure that bids are received prior to the stated closing time. The City shall not be
responsible for the proper identification and handling of any bids submitted incorrecdy.
(c) Bid Opening - Bids will be opened immediately following the deadline for receiving bids as stated i1
the Advertisement in Tigard City Hall. Bidders may be present; however, award decisions will not be
made at the opening.
00120.60 Revision or Withdrawal of Bids:
(a) Modifications To Bids - In accordance with Tigard Public Contracting Rule 30.070 (A), a Bid may
be modified after submittal so long as the modification is done in writing prior to the bid's closing
time and date. Any modification must be prepared on the submitting company's letterhead, signed
by a company representative, and clearly state that the new modification supersedes or modifies the
prior bid. To ensure integrity of the bidding process, the modification must be delivered to the
City's Procurement Office in a sealed envelope that is marked "BID MODIFICATION" and list
the original bid title and closing date.
(b) Withdrawal of Bids - Tigard Public Contracting Rule 30.070 (B) allows for the withdrawal of a bid
so long as the bidding company submits a withdrawal request in writing on company letterhead and
signed by a company representative prior to the time and date of bid closing. The withdrawal
request shall be delivered to the City's Procurement Office and the bid shall be returned, unopened,
to the requesting bidder.
00120.65 Opening and Comparing Bids - Bids will be opened and the total price for each Bid will be read
publicly at the time and place stated in the Advertisement for Bids. Bidders and other interested parties are
invited to be present. Bids for each Project will be compared on the basis of the total amount of each Bid.
The total amount of the Bid will be die total sure computed from quantities listed in all Bid Schedules times
unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended
amount, the unit price shall govern, and the City may make arithmetic corrections on extension amounts.
When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to
recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected by the bidder and
the contractor will be required to perform work at the unit price if their bid is accepted.
00120.70 Rejection of Nonresponsive Bids - A Bid will be considered irregular and will be rejected if the
irregularity is deemed by the City to render the Bid non-responsive. Examples of irregularities include without
limitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed.
• The Bid contains improper additions, deletions, alternate Bids, or conditions.
• The Bid is submitted on documents not obtained directly from the City, or is submitted by a Bidder
who has not been identified by the City as a Holder of Bidding Plans, as required by 00120.05.
• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
• The Bid has entries not typed or in ink, or has signatures or initials not in ink (save for changes
received by FAX as provided by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document. This requirement applies to State-funded or
locally funded Projects, with the exception of Aggregate production and landscape Projects (not
required on Federal-Aid Projects).
• A disclosure of first-tier Subcontractors, if required under 00120.400, is not received within two
working hours of the time Bids are due to be submitted, or the disclosure form is not complete.
• The Bidder has not complied with any DBE requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid entries are not expressed in U.S. dollars and cents.
00120.80 Reciprocal Preference for Oregon Resident Bidders -This Subsection applies only to Contracts
for Projects financed without federal funds. Bidders shall complete the certificate of residency provided by the
City in the Bid Booklet. Failure to properly complete the form Nvill be cause to reject the Bid.
As used in the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding subinission of the Bid;
• A business address in the State of Oregon; and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defiled above.
In determining the lowest Bid, the City will, for the purpose of awarding the Contract,add a percentage increase
to the Bid of a Nonresident Bidder equal to the percentage,if any, of the preference given to that Bidder in the
state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be
published on or before January 1 of each year by the Oregon Department of Administrative Services. The City
may rely on these percentages without incurring liability to any Bidder (ORS 279A.120). This increase will only
be applied to determine the lowest Bid,and will not cause an increase in payment to the Contractor after Award
of the Contract.
00120.90 Disqualification of Bidders - The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different
name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found responsible, and may
be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 279C.440.
A Bidder will be disqualified if the Bidder has:
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS
279C.860;
• Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or been
licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k),
ORS 701.055, and ORS 671.530). The Bidders registration number and expiration date shall be
shown in the Bid form, if requested. Failure to furnish the registration number, if requested, will
render the Bid non-responsive and subject to rejection. (not required on Federal-Aid projects); or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a
public contract for a public improvement.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder - The Bid of a Bidder who is
found to be nonresponsible according to die criteria listed in 00130.10 will be rejected. Refer also to ORS
279C.375(2).
120.95 Public Records - All bid material submitted by bidder shall become die property of the City and is
public record unless otherwise specified. A bid that contains any information that is considered trade secret
under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.
The above restrictions may not include cost or price information,which must be open to public inspection.
SECTION 00130—AWARD AND EXECUTION OF CONTRACT
This Section replaces Section 00130 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00130.00 Consideration of Bids
(a) The City may reject any bid not in compliance with all prescribed public bidding procedures and
requirements and may reject for good cause any or all bids upon a finding of the City that it is in the
public interest to do so.
(b) The City reserves the right, as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any
and all minor inforinalities that may arise in relation to this bid process. Minor informalities are matters
of form rather than substance that are evident from the bid documents, or insignificant mistakes that
can be waived or corrected without prejudice to other bidders or the City. The informality shall not
affect price, quantity, quality, delivery, or contractual conditions except in the case of informalities
involving unit pricing.
(c) After opening and reading Bids, the Agency will check them for correct extensions of unit prices and
totals. (see 00120.65) The total of extensions, corrected where necessary, will be used by the Agency
for Award purposes.
(d) Bids will be considered and a Contract awarded,if at all, widnun 60 Calendar Days from the date of Bid
Opening, unless an extension beyond that time is agreed to by both parties and acknowledged ill writing
by the Bidder.
00130.10 Award of Contract - After the Bids are opened and a determination is made that a Contract is to
be awarded, the Contract will be awarded to the lowest responsible Bidder. For the purposes of this Section,
"lowest responsible Bidder" means the lowest Bidder who is not on the list created by the Construction
Contractors Board according to ORS 701,and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial, Materials, Equipment, facility and personnel resources and
expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance.
• A satisfactory record of integrity.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available
information, or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity, the City will document the
record and the reasons for the unsatisfactory finding. The City shall provide notice of intent to award to each
bidder submitting a bid. The notice shall state the date, time, and location of the bid award decision. The
notice shall include the name of the vendor that staff recommends the contract be awarded to. Any bid
comparison sheets shall be included in the notice of intent to award.
The Award will not be final until the later of the following:
• The City has provided a written response to each timely protest, denying the protest and affirming
the Award, or
• The Contract is awarded by the awarding authority
If the City accepts a Bid and awards a Contract, the City will send the successful Bidder written notice of
acceptance and Award. Notice of Award and Contract booklets ready for execution will be sent within 60
Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special
Provisions or a written mutual agreement.
00130.15 Right to Protest Award-In accordance with Tigard Public Contract Rule 30.135 any actual bidder
who is adversely affected or aggrieved by the City's intent to award the contract resulting from this Invitation to
Bid to another bidder shall have seven (7) calendar days after notice of intent to award to submit to the City a
written protest of the notice of award.
In order to be adversely affected or aggrieved, a bidder must claim to be eligible for award of the contract as the
lowest responsible bidder and must be next in line for award;i.e. the protester must claim that all lower bidders
are ineligible for award because they are non-responsive or non-responsible. The City will not entertain any
protest submitted after the time period established under this Invitation to Bid document. The City shall issue a
written decision denying or affirming the protest to every bidder providing an address to the City before any
action is taken on the contract.
00130.20 Cancellation of Award-Without liability to the City, the City may for good cause cancel Award at
any time before the Contract is executed by all parties to the Contract, as provided by ORS 279C.395 for
rejection of Bids,upon finding it is in the public interest to do so.
00130.30 Contract Booklet - Includes the documents listed under Section 4, "Contract Documents," of the
Public Improvement Contract (Attachment F).
00130.40 Contract Bonds, Certificates, and Registrations - Before the City will execute the Contract, the
successful Bidder shall furnish the following bonds,certificates, and registrations:
(a) Performance and Payment Bonds - When Awarded the Contract, the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State
of Oregon as required by Tigard Public Contracting Rule 30.190(A).
The successful Bidder shall submit the standard bond forms, which are bound in the Contract
booklet. Faxed or photocopied bond forms will not be accepted. The amount of each bond shall
be equal to the Contract Amount. The Performance Bond and the Payment Bond must be signed
by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be affixed to each bond. A
power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,
which must include bond numbers, and the Surety's original seal must be affixed to the power of
attorney. Bonds shall not be canceled without the City's consent, nor will the City normally release
them, prior to Contract completion.
When a coating system warranty is required by 00594.75, the Contractor shall furnish a supplemental
warranty performance bond, in addition to the regular Performance Bond for the Contract to the
City, executed by a surety authorized to do business in the State of Oregon. The supplemental
warranty performance bond shall be in the sum of 80% of the full Contract Amount. The bond is
to secure the performance by the Contractor of correction work on any coating system defects that
the Contractor may be directed by the City to perform. The Contractor shall use the City-provided
form for the bond except that if the surety is a multiple surety, a copy of the form for a bond with
multiple sureties shall be obtained from the City. The supplemental warranty performance bond
shall be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal shall be affixed to
the bond. A power of attorney for the Attorney-in-Fact shall be attached to the bond in the
Contract booklet, which shall include bond numbers, and the Surety's original seal shall be affixed to
the power of attorney. A copy of the supplemental warranty performance bond is included near the
front of the Special Provisions.
Upon "Third Notification, the supplemental warranty performance bond shall become effective and
shall continue in frill force and effect until the City has advised the Contractor that:
• There are no coating system defects; or
• If the Contractor has been notified that there are coating system defects, the defects have been
repaired by the Contractor to the satisfaction of the City as specified under the coating system
warranty and the full warranty period has expired.
Supplemental warranty performance bonds cannot be canceled nor can they be released due to
possible claims.
(b) Certificates of Insurance - The successful Bidder shall furnish the City certificates of insurance
applicable to the Project, according to 00170.70. The insurance coverages shall remain in force
throughout the performance of the Contract and shall not be allowed to lapse without prior written
approval of the City. Bidders may refer to 00170.70 for minimum coverage limits and other
requirements. For specified Contracts, certified copies, and in some instances the original, of
insurance policies may be required by the Special Provisions.
(e) Workers' Compensation - To certify compliance with the workers' compensation insurance
coverage required by 00170.61(a) and 00170.70(d), the successful Bidder shall complete and sign the
"Certification of Workers' Compensation Coverage" form bound in the Contract booklet.
(d) Registration Requirements:
(1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon Construction
Contractors Board or licensed by the State Landscape Contractors Board prior to submission of
a Bid on a Project not involving federal funds. Registration with the Construction Contractors
Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on
Federal-Aid Projects; however, the Agency will not execute a Contract until the Contractor is so
registered or licensed.
(2) Bidders must be registered with the Corporation Division, Oregon Secretary of State, if bidding
as a corporation, limited liability company, joint venture, or limited liability partnership, or if
operating under an assumed business name and the legal name of each person carrying on the
business is not included in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the
landscape contracting is subcontracted to a licensed landscaping business as defined in ORS
671.520.
(4) A landscaping business may bid on a Pro)ect or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor, or
subcontracts with another licensed landscaping business, licensed for that phase.
(e) Business Tax and Federal Id No. Required- The City of Tigard Business Tax is required from the
successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the
City of Tigard shall pay a City of Tigard Business "Tax. No contracts shall be signed prior to the
obtaining of the City of Tigard Business Tax. Upon award of proposal, contractor shall complete a
Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder - The successful Bidder shall deliver the required number of Contract booklets with
the properly executed Contract, Performance Bond, Payment Bond, certification of workers'
compensation coverage, and the required certificates of insurance, to the Procurement.Office within
15 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to
the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the
City and named in this Subsection, with original signatures. Certificates ofinsurance shall also be
originals. Certificates of insurance for coverages that are permitted by the City under 00170.70(x) to
be obtained by appropriate subcontractors shall be delivered by the Contractor to the City together
with the Contractor's request under 00180.21 for approval of the subcontract with that
subcontractor. No copies of these documents will be accepted by the City.
Proper execution requires that:
(1) If the Contractor is a partnership, limited liability partnership, Joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond, and Payment Bond, and an authorization to sign shall be attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation shall sign
the Contract, Performance Bond, and Payment Bond. However, if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those
documents a certified, true and correct copy of the corporate bylaws or minutes stating that
authority. If only one officer is signing, then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the title(s) or
corporate office(s) held by the signer(s).
(b) By the City - Within seven Calendar Days after the City has received and verified the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the City
Council (if required), the City will execute the Contract. The City will then send a fully-executed
original Contract booklet to the successful Bidder, who then officially becomes the Contractor.
(e) Contract --After the award, the Contractor and the City will enter into a public improvement contract
incorporating the terms and conditions of the Public Improvement Contract and the bid response.
Vendors taking exception to any of the contract terms shall submit a protest or request for change in
accordance with Section 00120.15(b) "Protest of Specifications or Terms" or their exceptions will be
deemed waived.
00130.60 Failure to Execute Contract and Bonds - Failure of the successful Bidder to execute the
Contract and provide the required certificates, certifications, and bonds may be cause for cancellation of the
Award, and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to
the next lowest responsible Bidder, the Project may be re-advertised, or the Work may be performed otherwise
as the City decides.
The forfeited Bid guaranty will become the City's property, not as a penalty but as liquidation of damages
resulting from the Bidder's failure to execute the Contract and provide the certificates, certifications, and bonds
as required by these Specifications.
00130.70 Release of Bid Guaranties - Bid guaranties will be released and checks returned seven Calendar
Days after Bids are opened, except for those of die three apparent lowest Bidders on each Project. The
guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders
within seven days of the Agency's execution of the Contract.
00130.80 Project Site Restriction - Until the City sends the Contractor written Notice to Proceed with the
Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not go
onto the Project Site on which the Work is to be done, nor move Materials, Equipment, or workers onto drat
Project Site.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work is
delayed by failure of the City to send the Contract for execution. However, if more than 30 Calendar Days
elapse between the date the Bid is opened and the date the City sends the Contract to be executed, die City will
consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract
completion resulting directly from delay in commencement.
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the Contract
is executed by the City. Should the City fail to issue the Notice to Proceed within five Calendar Days of
Contract execution,the Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
ATTACHMENT A
-• ue
h PROPOSAL
CITY OF TIGARD
kik f ' 2014 SUMMER PAVEMENT CRACK SEAL
This Bid must be signed in ink by an authorized representative of the Bidder; any alterations or erasures to
the Bid must be initialed in ink by the undersigned authorized representative.
Project: 2014 Summer Pavement Crack Seal
Bid Due Date: May 8, 2014
Name of Submitting Firm: . (.���i Y v6�c�j/k:d
The Undersigned (check me of the following and provide additional irfor-nantion):
An individual doing business under an assumed name registered under the laws of the State of
or
A partnership registered under the laws of the State of ; or
A corporation organized under the laws of the State of ; or
– — A limited liability corporation organized under the laws of the State of L'1F:� ,,
cl,< ;
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:
44.. 60 /100 Dollars per linear foot of crack seal installed in accordance with all
the requirements contained in these plans and specifications.
" i l ee i (Unit price in words)
and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined
in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the
Contract Documents, and forms. Submission of this bid shall be conclusive evidence that the Undersigned
has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope
of work to be performed, the quantities of materials to be furnished, and as to the requirement of the
Contract Documents.
Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the
Basic Bid.
191x ;,
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard, within ten
(10) days after receiving the Contract forms, a satisfactory Performance Bond and a satisfactory Payment
Bond each in an amount equal to one hundred percent (100%) of the Contract sum, using the forms
provided by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be
The Undersigned hereby authorizes said
surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to
supply a Performance Bond and Payment Bond each in the amount of the Contract.
The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City;
that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of
the Undersigned to execute and deliver the above-named Agreement Form, Performance Bond, and
Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing
the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the
Bid Security may become the property of the City at the City's option; but if the Bid is not accepted within
sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely
delivers said Agreement Form,Performance Bond, and Payment Bond, the Bid Security shall be returned.
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted
without collusion with and without any agreement, understanding, or planned common course of action
with any other vendor of materials, supplies, equipment, or services described in the solicitation documents
designed to limit independent bidding or competition; and (2) The contents of the Bid have not been
communicated by the Undersigned or its employees or agents to any person not an employee or agent of
the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such
person prior to the official opening of the Bid.
The Undersigned HAS ❑ HAS NOT (check applicable status) paid unemployment or income taxes in
Oregon within the past 12 months and HAS ❑ HAS NOT (check applicable status) a business address in
Oregon.
The Undersigned ® HAS ❑ HAS NOT (check applicable stalus) 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. is1,1496—IL— with an expiration date of
C-?_ IT i I zo-1 a As a condition to submitting a bid, a Contractor must be registered with the Oregon
Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration
number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected
unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to
the City prior to the beginning of any of the work that the Undersigned has filed a public works bond with
a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under
Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors who will perform construction work as
described in ORS 701.005(2) were registered with the Construction Contractors Board in
201 P ii g, l'
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 SArT-(; IT, Policy
No. I;`1 '� ii and that Undersigned shall submit Certificates of Insurance as required.
Name of Company: a�
Company Address: sovd Ar-�'-c s
Federal Tax ID: Cc'D( LJ(�
Telephone: `.54 (4-1 (02-l(10
(SEAL) Fax: 5L1 I- (.a Lo- )-71 5
I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that
the firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I
understand that I will be required to provide necessary information to verify that the firm meets these
qualifications if selected for the subsequent Agreement.
Authorized Signature:
Printed Name & Title: `�,�r,��►( i,,I,c, `�resi
Date: t I ���3IF/'- lei
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
CITE'OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
I nme received write `ATme Received"
3.
2.
4.
Date
Signature of Proposer
Title
✓Af-f
Corporate Name
22 ,' :
ATTACHMENT C
BID CERTIFICATIONS
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
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: _xs� ,e 11 �1>.,t;;S
Firm Name:
Address: (cZ ��a�1 LS'�> rr� Ackcs 2
09 CL7 01
Officer's signature:
Type or print officer's name:
23t'
ATTACHMENT D
FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
BID #: 2014-95001CS BID CLOSING: Date: May 8 2014 Time: 3:00 pm
Tlvs 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
1) -. NOV)I?- $
2) — $
3)
4) _ $
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive
bid will not be considered for award. --
Form submitted by (bidder name): ICn1,r� /� 12
Contact
name:—Phone #:
24 i' : c
ATTACHMENT E
BID BOND
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL.
C.R.Contracting, LLC dba
w...,,C.R.Contracting ,as"llriticipal,"
(Name of l"riricipal)
acid The Guarantee Company of North America USA all Michigan Cot, poratic.)n,
(Name of Surety)
aurhorized to transact.Surety business in the Sure of Oregon, as "Surety," hereby jointly and severally hind
ourselves, our respective heirs, executors, administrators, successors, and assigns to pay unto rhe Cats of
Tigard ("Obligee") the sum of Ten Percent of Total Amount Bid— and
100 I)ollars (110%of Bid—
WHEREAS, rhe condition of the obligation of this bond is the Principal has submitted a hid or proposal
to the Obligee in response to Obligee's solicitation for the project identified as 2014 Summer Pavement
Crack Seal,which bid or proposal is made a part of this bond by reference,and Principal is required to
furnish hid security in an amount equal to ten percent(10%) of the tonal amount of the hid pursuant to the
solicitation document.
NOW, THEREFORE, if the bid or proposal submitted by Principal is accepted, and if a contract
pursuant to the proposal or hid is awarded to Principal, and if Principal enters into and executes such
contract within the time specified in the said docurncrnts and delivers to Obhgec its good and sufficient
Perforrnance Bond and Payment bond required by Obligee within the time fixed by Obligee, then this
obligation shall be void;otherwise,it shall remain in full force and effect.
IN WITTINESS WHEREOF, we have caused this instrument to be executed and sealed by our duly
authorized legal representatives this 8th day of May 2014
C.R.Contracting,LLC dba
PRINCIPAL:C.R.Contracting SIURETY.The Guarantee Company of North America USA
By: BY ATTORNE :-IN- AC.T
Signature
Gloria Bruning
P ired dame&Title Printed Nai
Attest: �C'
Signature U
1201 SW 12th Ave.,#500
Address
Portland,OR 97205
City State Zip
25 J Page
THE GUARANTEE COMPANY OF NORTH AMERICA LISA
7 ��
Southfield,Michigan
POWER Off' ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Brent Olson,James P.Dooney,Philip O.Forker, Gene M.Dietzman,Richard W.Kowalski,John D. Klump,Karen A.Pierce,
Joel Dietzman, Christopher A.Reburn, Gloria Bruning, Vicki Mather,Ray M.Paiement,J.Patrick Dooney, Tami Jones
Anchor Insurance&Surety,Inc.
its true and lawful attorney(srin-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and
such signature and seal when so used shall have the same force and effect as though manually affixed.
J�pxTEEco IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012.
o THE GUARANTEE COMPANY OF NORTH AMERICA USA
P
�rH AMEK� /^/^^-
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary
County of Oakland
On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known, and being by me
duly swom,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
� Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
r.wi r,,, Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
o My Commission Expires February 27,2018
Acting in Oakland County
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
�0"poEec% IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this U day of
Randall Musselman,Secretary
ATTACHMENT F
PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
THIS CONTRACT, made and entered into this 11`'' day of June, 2014, by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City" and C.R. Contracting hereinafter called
"Contractor", duly authorized to perform such services in Oregon.
RECITALS
WHEREAS, the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described; and .
WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Bid Proposal;
THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of the following:
A. Installation of crack seal on city streets
B. Temporary signage, protection, and traffic control
C. 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
Coinmissioner of the Bureau of Labor, and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services, the City may pay for
those labor and services and withhold these amounts from payments that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that
the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond wid-i the
Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt.
For contracts $50,000 or greater, the City shall pay a fee equal to one-tenth of one percent (.001) of the
price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the
fust progress payment or sixty (60) days from the date work first began,whichever comes fust.
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and perfortnance pertaining to this Agreement, in the City of Tigard, Oregon, and by this
reference made a part hereof to the same legal force and effect as if set forth herein in full. The
contract documents include die documents with the folio-,ving 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 Foran
Bid Bond Form
Public Improvement Contract
Performance Bond
Payment Bond
Supplementary General Conditions
Special Provisions
Drawings
Standard Documents
General Conditions (Oregon Standard Specification for Construction, 2008, Volume 1 as amended by
the Special Provisions)
Standard Specifications (Oregon Standard Specification for Construction, 2008, Volume 2 as amended
by Technical Specifications)
City of Tigard Public Improvement Design Standards
CWS Design and Construction Standards 07-20
Manual on Uniform Traffic Control Devices (h4UTCD)
5. City's Representative
For purposes hereof, the City's authorized representative will be Mike McCarthy P.E., Senior Project
Engineer, who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon 97223; by telephone:
(503) 718-2462, or via email at nvkem(a)t1gard-ongm.
6. Contractor's Representative
For purpose hereof, the Contractor's audiorized representative will be Russell Davis, who can be
reached at (541) 306-6216.
7. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service, or Contractors social security number, as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor an amount not exceeding One Hundred
Eighty Thousand and No/100 Dollars ($180,000.00) for performance of those services provided
hereunder. All work shall be done upon a unit price of 58/100 Dollars ($0.58) per linear foot of
crack seal installation. Payment shall be based upon the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or performed
according to the terms of the Agreement. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all materials, equipment,
labor, and incidentals necessary to complete the Work; and for risk, loss, damage, and expense
arising from the nature or prosecution of the Work or from the action of the elements, subject to
die provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the
Project in the unit price for each Pay Item of Work to be performed.
When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item, the same materials or work will not be
measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,
Tigard, Oregon 97223, a statement of services rendered, indicating die description of each service
used in the proposal and the dollar amount of each service completed through the state date,
together with a request for payment duly verified by the Contractor's Representative and copies of
certified payroll statements.
Payment by the City shall release the City from any further obligation for payment to Contractor
for services performed or expenses incurred as of the date of the statement of services. Payment
of installments shall not be considered acceptance or approval of any work or waiver of any
defects therein. City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be
contingent upon budgetary approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to widihold payments if required
proof of payment to subcontractor and suppliers is not included with a statement.
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25%
of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as audiorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "'Time of Completion" is defined in the Bid
Proposal, and agrees to complete the work by said date. The Contractor and City agree that the
City will suffer damages each day the work remains uncompleted after the Tune 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 $300.00 per day and Contractor agrees to pay
damages in that amount if the work is not completed by the Time of Completion.
C. Final Payment: The Contractor shall notify the City in writing when the Contractor considers the
project complete, and the City shall, within 15 days after receiving the written notice, either accept
die work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month on
the final payment due the Contractor, to commence 30 days after the work under the Contract has
been completed and accepted and to nm until the date when final payment is tendered to die
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 ui
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 nor anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
11. Contractor- Payment of Benefits - Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material
for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on account of
any labor or material furnished;
B. The Contractor or. the Contractor's Surety and every Subcontractor or the Subcontractor's Surety
shall file certified statements with the City in writing in form prescribed by the Commissioner of
the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the
Contractor or the Subcontractor has employed upon such public work, and further certifying that
no worker employed upon such public work has been paid less than the applicable prevailing rate
of wage, which certificate and statement shall be verified by the oath of the Contractor or the
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or
Subcontractor has read such statement and certificate and knows the contents thereof and that the
same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for the
prior week, including the same and address of each worker, the worker's correct classification,
rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements shall also be filed at the
same time with the Commissioner of the Bureau of Labor and Industries. Certified statements
shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a period of three
years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a Subcontractor by any person in
connection with this contract as such claim becomes due, the proper office of the City of Tigard
may pay such claim to the person furnishing the labor or services and charge the amount of the
payment against funds due or to become due to the Contractor by reason of such contract.
Payment of a claitn ui this manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day,
or 40 hours in any one week, except in cases of necessity or emergency or when the City deems it in
the best interest of die 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 ui ORS 279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse die City in the amount
of money paid the employee for such work as determined by state law, the City's personnel rules
or union agreement. The Contractor shall require every subcontractor to comply with this
requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a subcontractor,
the Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 279C.580, unless
payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
279C.515(2). If the Contractor or any subcontractor fails, neglects, or refuses to pay a person
furnishing labor or material, the person may file a complaint with the Construction Contractors
Board, unless the payment is subject to a good faith dispute as defined un ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors an
interest provision for such payments in compliance with ORS 279C.580. Contractor shall include
a clause in each contract with a subcontractor requiring the subcontractor to meet the same
payment and interest standards as required by ORS 2790.580 (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 sures which the Contractor collected or deducted from employee wages pursuant
to any law, contract or agreement for providing or paying for such service as referenced in ORS
279C.530.
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon term
by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in die 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 die purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in finds,
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.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts.
17. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation, and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246
as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as
amended and the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to
the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to die 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 iii the contract price, if necessary, to
compensate the Contractor for all costs and expenses incurred, including overhead and profits, as
a result of the delay or additional work.
Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of which the
City has knowledge that have enacted Environmental Laws which may affect the performance of
the work:
FEDERAL AGENCIES
➢ Agriculture
• Department of Forest Service
• Soil Conservation Service
➢ Defense
• Department of Army Corps of Engineers
➢ Energy
• Department of Federal Energy Regulatory Commission
➢ Environrnental Protection Agency
➢ Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
➢ Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
• Minerals Management Service
➢ .Labor, Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
➢ Transportation, Department of
• Coast Guard
• Federal Highway Administration
➢ Water Resources Council
STATE AGENCIES
➢ Administrative Services,Department of
➢ Agriculture,Department of
➢ Columbia River Gorge Commission
➢ Consumer&Business Services,Department of Oregon Occupational Safety&Health
➢ Division
➢ Energy,Department of
➢ Environmental Quality,Department of
➢ Fish and Wildlife,Department of
➢ Forestry, Department of
➢ Geology and Mineral Industries,Department of
➢ Human Resources, Department of
➢ Land Conservation and Development Commission
➢ Parks and Recreation, Department of
➢ Soil and Water Conservation Commission
➢ State Engineer
➢ State Land Board
➢ Water Resources Board
LOCAL AGENCIES
➢ City Council
➢ County Court
➢ County Commissioners,Board of
➢ Port Districts
➢ Metropolitan Services Districts
➢ County Service Districts
➢ Sanitary Districts
➢ Water Districts
➢ Fite Protection Districts
19. Changes
City may at any time, and without notice, issue a written Change Order requiring additional work
within the general scope of this Contract, or any amendment thereto, or directing the omission of or
variation in work. If such Change Order results in a material change in the amount or character of die
work, an equitable adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any clairn by Contractor for and adjustment under this section shall be
asserted in writing within thirty (30) days from die 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 dhis section. Nothing contained in
this section shall excuse the Contractor from proceeding with the prosecution of d1c 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 die 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
claun for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms
of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any future
occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of tie work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in die profession.
Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under
warranties contained in or implied by dzis 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 d-le 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 dais instrument and the proposal of the Contractor, dais 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 ill 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 inderrunification.
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 shallinclude 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 maintaiuhed by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and
keep in effect during the term of dhis contract, Comprehensive General Liability Insurance
covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or
equivalent). This coverage shall include Contractual Liability insurance for the indemnity
provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
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 $1,000,000 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 dais contract. All Liability
Insurance policies will be endorsed to show this additional coverage.
E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the right to reject all or
any insurance camer(s) with an unacceptable financial rating.
F. 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 effected
until the required certificates have been received and approved by the City. The certificate will
specify and document all provisions within this contract. A renewal certificate will be sent to
the above address 10 days prior to coverage expiration.
G. Independent Contractor Status: The service or services to be rendered under this contract are
those of an independent contractor. Contractor is not an officer, employee or agent of the
City as those terms are used in ORS 30.265.
H. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
I. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability, professional liability, pollution and errors and omissions policies required
by this contract.
A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing
insurance company, or at the discretion of City,in lieu thereof, a certificate in form satisfactory to City
certifying to the issuance of such insurance shall be forwarded to:
City of Tigard
Attn: Contracts Office
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed above in
event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall
not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor
shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect
connected with this contract.
28. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery or by
mail. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD C.R.CONTRACTING
Attn: Mike McCarthy Attn: Russell Davis
Address: 13125 SW Hall Blvd Address: 62980 Boyd Acres Road
Tigard, Oregon 97223 Bend, Oregon 97701
Phone: (503) 718-2462 Phone: (541) 306-6216
Fax: (503) 624-0752 Fax: (541) 610-1715
Email: mikemntiga� rd-or.gov Email: (insert address)
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices, bills and payments
are to be given by giving written notice pursuant to this paragraph.
29. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances and
identify the amounts stored and used at each location. Contractor shall provide City with material
safety data sheets for all hazardous substances brought onto City property, created on City property or
delivered to City pursuant to diis Agreement. For the purpose of this section, "hazardous substance"
means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire
Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any
such survey that it may be required to complete because of substances used in the performance of this
Agreement.
30. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any hazardous wastes,
Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all
applicable federal and state requirements. Contractors shall provide City with documentation,
including all required manifests, demonstrating proper transportation and disposal of any such
hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for any disposal or
storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of
hazardous materials.
31. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
32. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor,by the signature of its authorized representative,hereby acknowledges that he has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written. This
Agreement was awarded by Tigard's Local Contract Review Board at their June 10,2014 business meeting.
CITY O TIG , 4)k C.R.CONTRACTING
Signature Signature
Printed Name&Title Printed Name&Tide
v�I 6��/
Date Date
M61-4wG' aon2-
- 23 Zo�4-
ATTACHMENT G
PUBLIC IMPRPOVEMENT CONTRACT- PERFORMANCE BOND
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
Bond Number. 12109776
Project Name: 2014 Summer Pavement Crack Seal
The Guarantee Company of North
America USA (Surety#1) Bond Amount No. 1: $180,000.00
(Surety #2)* Bond Amount No.2:* $
*-fusing multiple sureties Total Penal Sum of Bond $180,000.00
We, C.R. Contracting, LLC dba C.R. Contracting as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs,executors,administrators, successors,and assigns firmly by these presents to pay
unto the City of 'ligatd, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond)One Hundred Eighty Thousand & No1100---($180,000.00) Dollars (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally'' only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such sura only as is set forth opposite the name of
such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard,the plans, specifications, terms,
and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications,
special provisions, schedule of performance, and schedule, of contract prices, are made a part of this
Performance Bond by reference,whether or not attached to the contract(all hereafter called"Contract.');and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract, or constitute an authorized extension of the time for
performance,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the principal herein
shall faithfully and truly observe and comply with the terms of the contract and perforins the contract
within the time prescribed by the contract, then this obligation is null and void; otherwise it shall remain in
full force and effect. if the contractor is declared by City to be in default under the contract, the surety shall
promptly remedy the default, perform all of contractor's obligations under the contract in accordance with
its terms and conditions and pay to City all damages that are due under the contract. This obligation jointly
and severally binds the contractor and surety and their respected heirs, executors, administrators, and
successors. Nonpayment of the bond premium shall not invalidate this bond not shall the City of Tigard be
obligated for the payment of any premiums.
This bond is executed for the purpose of complying with ORS 279C and the Tigard Public Contracting
Rules,the provisions of which are incorporated herein and made a part hereof.
Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract, or the work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or
to the specifications.
IN WITNESS WHEREOF, WE HAVH; CAUSED 'PHIS INSTRUMENT TO BE EXECU MD AND
SEA].LD BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 17th day of June 2014
PRINCIPAL:C.R. Contracting, LLC dba C.R. Contracting
B}� —
Signature
Printed Naive&Tide
Attest:
—
SURETY:The Guarantee Company of North America USA
(Add jignalunr for each suwy if Luing mmb�pk bon&)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accoVa�ry each surrty bona)
Gloria Bruning
Name
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
41111 age
ATTACHMENT H
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
Bond Number: 12109776
Project Name: 2014 Summer Pavement Crack Seal
The Guarantee Company of North
America USA (Surety#1) Bond Amount No. 1: $180,000.00
(Surety#2)* Bond Amount No.2:* $
*If wring mu4le.nrreties Total Penal Sum of Bond: $180,000.00
We, C.R. Contracting, LLC dba C.R. Contracting as Principal, and the above identified
Surety(es), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves,our respective heirs, executors,administrators,successors,and assigns firmly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) One Hundred Eighty Thousand & No/100---($180,000.00) Dollars (provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of
such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications, terns,
and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans,standard specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment
bond by reference,whether or not attached to the contract(21I hereafter called"Contract');and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements,plans,and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments, and all authorized modifications of the Contract which increase the amount of the work, or
the cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of
any such modifications hereby being waived by the Surety:
NOW,THEREFORE,'ITFIE CONDITION OF THIS BOND IS StJCH that if the Principal shall faithfully
and truly observe and comply with the tens, conditions, and provisions of the Contract, in all respects, and
shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said
Contract and any duly authorized modifications that are made,upon the tc'.rrns set forth therein, and within the
time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the
Sureties,and shall indemnify and save harrrdess the City of7igard its officers,agents,and employees against any
claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be
suffered in connection with or arising out of the performance of the Contract by the Contractor or its
subcontractors, and shalt promptly pay all persons supplying labor, materials, or both to the Principal or its
subcontractors for ptosecution of the work provided in the Contract,and shall promptly pay all contributions
due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or
its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon
Department of Revenue all sums required to be deducted and retained from the wages of employees of the
Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or
prosecuted against the City on account of any labor or materials furnished; and shall do all things required of
42IPane
the Principal by the laws of the State of Orcgon, then this obligation shall lx:void;otherwise,it shall remain in
full force and effect.
Nonpayment of the bond premium will not invalidate this bond not shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received tinder the authority of ORS Chapter 2790 and Tigard Public Contracting
Rules,the provisions of which are incorporated into this bond and trade a part hereof.
IN WITNESS WHEREOF, WE HAVE CALSED 'PHIS INSTRUAffiNT TO BE EXECUTED AND
SEALED BY OLR DULY AUTHORIZED LEGAL.REPRESENTATRES.
Dated this 17th day of June 2014
PRINCIPAL: C.R. Contracting, LLC dba C.R. Contracting
By: �.,.�� —
Signature
J e-, .tom
Printed Name&Title
Attest:
T
SURETY: The Guarantee Company of North America USA
(Add ngnatuns for each sx ty if xsing mule bonds)
BY ATTORNEY-IN-FACT:
(Potter-0f-Attorney must accnrpany each surety bond)
Gloria Bruning
Name
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fag
431112zv
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Brent Olson,James P.Dooney,Philip O.Forker, Gene M.Dietzman,Richard W.Kowalski,John D.Klump,Karen A.Pierce,
Joel Dietzman, Christopher A.Reburn, Gloria Bruning, Vicki Mather,Ray M.Paiement,J. Patrick Dooney, Tami Jones
Anchor Insurance&Surety,Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute.rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attomey(syin-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
J,r►"'Eeco IN WITNESS WHEREOF.THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer,this 23rd day of February.2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument,to me personally known, and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
166- 'NAI
County of Oakland
:¢= My Commission Expires February 27,2018 J 0. �G
moi; Acting in Oakland County
c_.
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
�KTFEC IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this I qday of
""I'm
�\ v
+" Jy,
Randall Musselman,Secretary
ATTACHMENT I
SUPPLEMENTARY GENERAL CONDITIONS
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
The following provisions supplement and amend the General Conditions (defined in the Agreement).
Section 00120, Bidding Requirements and Procedures --
Note that this section has been modified earlier in these bid documents
Section 00130,Award and Execution of Contract—
Note that this section has been modified earlier in these bid documents
Section 00150.10(a) Order of Precedence- The Engineer will resolve any discrepancies between these
documents in the following order of precedence:
• Contract Change Orders;
• Spccial Provisions;
• Agency-prepared drawings specifically applicable to the Project and bearing the Project title;
• Reviewed and accepted, stamped Working Drawings;
• Standard Drawings;
• Approved Unstamped Working Drawings;
• Supplemental Specifications;
• Standard Specifications;and
• All other contract documents not listed above
Notes on drawing shall take precedence over drawing details.
Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled dimensions.
Section 00150.40(a) Cooperation and Superintendence by the Contractor, General--Add the words,
"Within the limitations in Oregon Law regarding public records." to the end of the sentence ui bullet item 7.
Section 00160.10 Ordering, Producing and Furnishing Materials --Delete the last two sentences in the
opening paragraph.
Section 160.10(b)Approval of Quantity of Materials Ordered-- Delete the sentence,"Therefore, the
Contractor is cautioned to order or produce Materials only after having received the approval of the Engineer. "
Delete the sentence,"Excess Materials,ordered or produced by the Contractor,without approval of the
Engineer,may be purchased by the Agency at the sole discretion of the Agency. (see 00195.80)"
Section 165.03 Testing by Agency-- Delete the words "its central laboratory, field laboratories, or other"
from the first sentence.
Section 170.10(d) Agency's Payment of the Contractor's Prompt Payment Obligations --change the
word "ODOT" to"Agency".
Section 170.70, Insurance -- Delete entire section.
Section 170.72 Indemnity/Hold Harmless --Delete entire section.
Section 170.94 Use of Explosives -- Change the first sentence to read,"The Contractor shall obtain the
Engineer's approval and shall comply with all Laws pertaining to the use of explosives."
Section 180.20(a) Subcontracting Limitations, General-- Delete the first sentence.
Section 180.22 Payments to Subcontractors and Agents of the Contractor--Delete the second paragraph.
Section 180.31 (b)(1) Reason for Substitution--Add the following word to the beginning of the fust bullet:
"In the)udgment of the Engineer".
Section 180.50(c) Beginning of Contract Time --change the paragraph to read,"When the Contract Time
is stated in Calendar Days,counting of Contract Calendar Days will begin with the first Calendar Day following
the date of the Notice to Proceed."
Section 195.10 Payment for Changes in Materials Costs,Delete entire section.
Section 195.12 Steel Material Price Escalation/De-Escalation Clause --Delete entire section.
Section 195.50(a)(2)Value of Materials on Hand -- Delete paragraph.
Section 195.50(b) Retainage: Change the first paragraph to read. `"The amount to be retained from progress
payments will be 5% of the value of Work accomplished,and will be retained in one of the forms specified in
Subsection (c) below.
Section 195.60 Advance Allowance for Materials on Hand: Delete entire section.
Section 195.80 Allowance for Materials Left on Hand: Delete entire section.
Section 199.40 Claims Decision Review,Delete entire section.
ATTACHMENT J
SPECIAL PROVISIONS
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
WORK TO BE DONE
The Work to be done under this Contract consists of constructing park improvements, including trails and
bridge crossing shown on plans entitled:
2014 Summer Pavement Crack Seal
Map and Table Dated 4/21/14
APPLICABLE SPECIFICATIONS
The Specification that is applicable to the Work on this Project is the 2008 edition of the "Oregon Standard
Specifications for Construction". All work shall be in accordance with these specifications except where
specifically modified in this document and on the plans. For this project,when the specification says `Agency'
it may typically be understood to mean`City'in project-specific cases,but may refer to the Oregon Department
of Transportation, especially in cases of standards and testing.
All number references in these Special Provisions shall be understood to refer to the sections and subsections
of the Standard Specifications and Supplemental Specifications bearing like numbers and to sections and
subsections contained in these Special Provisions in their entirety.
Section 00120—Bidding Requirements and Procedures
Note that this section has been modified earlier iil these bid documents
Section 00130—Award and Execution of Contract
Note that this section has been modified earlier in these bid documents
SECTION 00140 — SCOPE OF WORK
Note that the City's available budget for this project is anticipated to be $180,000. The size of the
project may be adjusted by the city to keep the total cost of the project within this available budget,
or to increase the quantity of work to be completed with available funds.
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.
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, vehicles, trees, landscaping, and other items
adjacent to the work area. Existing property, vehicles, plants, or other items injured or damaged by reason of
the Contractor's operations shall be replaced in kind at the Contractor's expense.
Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated
into the Work, except as otherwise provided in this Section.
SECTION 00180 - PROSECUTION AND PROGRESS
00180.41 Project Work Schedules - add the following:
The contractor shall provide a work schedule acceptable to the engineer listing in order the streets their crews
will be working on each day, and shall provide a printed updated schedule to the engineer or inspector before
making any changes to the work schedule.
At the beginning of each work day, the contractor shall telephone the inspector and notify hien of the specific
work locations and schedule for that day, and shall keep the inspector informed so that the inspector is always
kept aware of the crew's exact work location at all times through the project.
00180.50(h) Contract Time –
No work on this project is allowed to commence before July 1, 2014.
Work to be done under the Contract must be substantially complete before September 15, 2014. All
punch list items and cleanup must be complete by September 30, 2014.
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
$300 per Calendar Day.
SECTION 00220 -ACCOMMODATIONS FOR PUBLIC TRAFFIC
Comply with Section 00220 of the Standard Specifications modified as follows:
00220.02 Public Safety and Mobility—Add the following:
1) Streets shall not be closed for this project;at least one lane of traffic (with flaggers) must be kept open
at all times.
2) Work on Artenials and Collectors is limited to the hours of 9:00am to 3:00pm.
3) Work will not be permitted near schools when students would be going to or from school.
4) Signage and traffic control must be provided in accordance with the Manual on Uniform Traffic
Control Devices, the Oregon Temporary Traffic Control Handbook, and other applicable standards.
Prior to working on any street, the contractor must have obtained the engineer's approval of a traffic
control plan for that street. The engineer and/or inspector may order immediate stoppage of work
and restoration of nonnal traffic patterns if,ui their judgment, such action is necessary to reduce traffic
delays and/or protect public safety.
5) Cost for all work under this section shall be considered as incidental to application of the crack seal.
SECTION 00225 - WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.02 General Requirements –Add the following:
The contractor is reminded of their responsibility to provide a clear zone for their crews to work in.
This may necessitate temporary `no parking' signage, conversations with neighbors about removing
objects obstructing the work area, etc. At the beginning of the project, the city will provide signs and
flyers that can be used for this purpose.
The contractor shall obtain the engineer's approval of all signage and communication methods to be
used for this project. Notify the engineer and/or inspector of any non-cooperative neighbors at least 24
hours before work would be affected.
The contractor is reminded it is their responsibility to protect their work from damage caused by traffic
or other factors, especially when the sealant is setting or drying. Damaged crack seal shall be repaired by
the contractor at no cost to the city.
00225.91 Temporary Signing-Add the following:
All temporary traffic signs are considered incidental to the work being performed. Temporary signs
shall be removed promptly (as determined by the engineer) when they are no longer in effect.
SECTION 00290 - ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—Change work hours to 7:30 am to 7:00 pm ui 1"paragraph.
SECTION 00746 — Crack Sealing Flexible Pavements
Comply with Section 00746 of the Standard Specifications modified as follows:
00746.00 Scope—Add the following:
The City's available budget for this project is anticipated to be $180,000. The size of the project may be
adjusted to keep the total cost of the project within this available budget, or to increase the quantity of work to
be completed with available funds.
Clean and seal all readily visible cracks and open joints 1/8" or larger in accordance with this section and as
directed by the engineer. This includes cracks with existing sealant that no longer seals the crack. This includes
the perimeter of existing pavement patches or other objects in the paved surface. Clean and seal along all curbs
that do not have existing intact crack seal.
Prior to crack sealing, clean all cracks in accordance with section 00746 and all other specifications and as
directed by the engineer.
00746.42 Installation Procedure — The contractor's attention is drawn to the cleaning and installation
requirements of this section. Add the following-
Cracks
ollowingCracks must be completely free of all loose and/or foreign matter (including weed removal) before sealant is
applied.
Use a disk to finish edge sealing along curbs.
Protect manholes, valve boxes, drop inlets, and other service entrances from the crack seal by a suitable
method. Clean these covers as quickly as possible after the application of the crack seal and definitely prior to
the final set. Clean any crack seal from the interior of the utilities.
After setting, the sealant must provide a complete seal of the crack, covering all asphalt surfaces in the crack.
Adjust for any settling or shrinkage when applying the sealant. If settlement, shrinkage, or any other factor
brings the surface of the crack seal more than 1/8" below the surface of the asphalt, contractor shall apply
additional layer(s) of crack seal inn order to bring the sealant material flush with the surface.
00746.80 Measurement—Add the following:
Sealed crack quantities will be measured on a length basis (linear foot). Measurement shall be performed on a
daily basis.
Work not meeting the requirements of this section will not be measured for payment.
00746.90 Payment—Add the following:
The contract unit price paid for Crack Sealing shall include full compensation for furnishing all labor, materials,
tools, equipment, signs, notification, traffic control, incidentals, and all other costs for doing all the work
involved in application of crack seal, complete in place, which includes signage, preparation and cleaning,
protection of any and all facilities or appurtenances in the roadway, protection of the sealant from vehicles and
pedestrians, cleanup of any misapplied sealant and any remaining materials used on this project, and all other
work necessary for a complete project.
ATTACHMENT K
OREGON PREVAILING WAGE RATES
CITY OF TIGARD
2014 SUMMER PAVEMENT CRACK SEAL
May be downloaded from http://Nv\vw.oregon.gov/boli/WHD/PWR/Pages/Pwr oregon 2014.asi2x.