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Eagle-Elsner, Inc. ~ CP15002
City of Tigard 13125 SW Hall Blvd. CONTRACT CHANGE ORDER Tigard,Oregon 97223 AMENDMENT SUMMARY FORM Phone-(503)639-4171Fax- (503)684-7297 w�t*�v.ti d-or. ov Project Title: FY 2014-15 Pavement Management Project Manager: Mike McCarthy,P.E. Program Pavement Rehabilitation Contractor:Eagle-Elsner Inc. Original Contract nQ Effective Dates: 11/20/14 Change Order/Amendment Amount: -$63,634.12 r\ccountina String: Amendment Percentage Running Total: -5.09% AMENDMENT DETAILS This chane order establishes agreement on the quantities of work actually installed by this project. The bid amount was$1,151,536.00. However,the contract amount was established as $1,250,000 Item 8A in Agreement) to account for the addition of Watkins Street and deletion of all work on Landmark Lane and Old Gaarde Street Jtem 1I in Agreement). Therefore,the contract value of$1,250,000 is used as a basis for the change order.This chane order also resolves the change in quantities as a result of the deletion of Frewin Street from approximate station 11+15 to 19+90. This chane order also extends the contract time by 7 business days. The substantial and final completion dates are hereby changed from August 15`h and August 31" to August 26`x'and September 9"'respectively. Lastly,this change order compensates the contractor ale Elsner,Inc. for extra work completed. _ill bid unit prices will remain in effect. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ See Attachments A and B for a cost breakdown of all -$63,634.12 work included in this change order. Total amount to the right is the net decrease in contract value relative to the original$1,250,000 contract total. REASONING FOR CHANGE ORDER/AMENDMENT This change order establishes agreement on the quantities of work actually installed by this project. See Attachment A for details. The chane order extends the contract time 7 days to complete the additional work on Watkins Ave 5 days),and to account for two 2 rain days on July 22"d and 23`d. The paving limits on Frewin Street were reduced to accommodate a pending housing development which will include frontage paying. The contractor completed additional work,at the direction of the City,beyond the work described in the contract, and this chane order provides compensation to the contractor for this work. See Attachment B for details. R,E•UESTING POJECT MANAGER APP RO CITY STAFF Signature IV Signature 112.y 11• '•Zb f Date 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 the Signature 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 the project's FY budget. l�atc CONTRACT CHANGE ORDER Contract Change Order No.: 1 Date: November 20,2014 Job No.: 13-1512.901 Contract Project: FY 2014-15 Pavement Management Program Owner: City of Tigard To: Eagle-Elsner,Inc. (Contractor) P.O.Box 23294 Tigard Oregon 97281 (Address) You are instructed to comply with the following changes to the contract. With acceptance and approval,this contract change order becomes a supplement to the contract and all its provisions. Decrease in Increase in Item Contract Price Contract Price ITEM 1—Removal of Contract Work on Frewing Street and Resolution of $70,314.28 Estimated to Final Quantities—Removal of all work from contract pertaining to Frewing St.between approximate stations 11+15 and 19+90(end of street)shown on Sheets L-16 and L-17. The quantity resolution includes removal of Landmark Lane and Old Gaarde Lane as well as the inclusion of Watkins Ave. as described in the signed contract. Other quantity differences between estimated and final quantities were relatively small. See Attachment A for final quantities for more information. ITEM 2—Pipe Replacement at SE Corner of 76"and Spruce-While excavating $536.75 the existing sidewalk at the southeast corner of the intersection of SW 76'Avenue and SW Spruce Street,the contractor encountered an abandoned 6 inch stonnwater pipe and two roof drains that were encased in the same concrete used to pour the sidewalk. The new ADA ramp, as designed,wouldn't provide enough clearance for the existing roof drains to drain directly onto the street,as was the case before the project. The contractor was directed to re-route the roof drains through a new 6"stonnwater pipe directly into the adjacent catch basin through the existing 6"catch basin cutout. See Attachment B for quantity breakdown. Replace 6"Storm Pipe and Reroute Roof Drains to Catch Basin Estimated Quantity 1 LS Agreed Unit Price $536.75 Subtotal This Item $536.75 ITEM 3—Repair Damaged Catch Basin at SE Corner of Walnut and Watkins— $1,078.92 Catch basin was damaged during ADA ramp excavation. Contractor replaced the top half of the catch basin,as instructed by the City Stormwater Supervisor. See Attachment B for quantity breakdown. Repair Catch Basin Estimated Quantity 1 LS Agreed Unit Price $1,078.92 Subtotal This Item $1,078.92 GAPDX_Projects\13\1512\0901 Conshuction Phase Services\Change OrdersTinal Change Order\Conhact Change Order No.Ldoc ITEM 4—Install Asphalt Connections to New ADA Ramps and Repave Driveway $2,063.37 Apron—Contractor installed asphalt connection between the roadway and the new ADA ramps at Walnut and Watkins per the direction of the inspector. After a complaint from a resident regarding the grade of their driveway,the contractor repaved the apron to allow for a less dramatic slope. See Attachment B for quantity breakdown. New AC Connections and AC Driveway Apron Estimated Quantity 1 LS Agreed Unit Price $2,063.37 Subtotal This Item $2,063.37 ITEM 5—Manhole Adiustment at 781 and Spruce—At the direction of the City the $400.00 contractor adjusted this non-standard manhole to the new street grade. Manhole Adjustment Estimated Quantity 1 LS Agreed Unit Price $400.00 Subtotal This Item $400.00 ITEM 6—Asphalt Low Spot Removal—Contractor removed asphalt and repaved $1,353.09 street on Watkins to remove a low spot in the road. See Attachment B for quantity breakdown. Asphalt Low Spot Removal Estimated Quantity 1 LS Agreed Unit Price $1,353.09 Subtotal This Item $1,353.09 ITEM 7—Stop Sien Relocation—Existing stop sign was relocated out of the new $280.22 sidewalk ramp at 115 'and south Genesis Loop to ensure ramp clearances comply with ADA requirements. See Attachment B for quantity breakdown. Stop Sign Relocation Estimated Quantity 1 LS Agreed Unit Price $280.22 Subtotal This Item $280.22 ITEM 8—Asphalt Low Spot Removal—Contractor removed asphalt at 115 'and $967.81 Tigard to remove a low spot in the road. See Attachment B for quantity breakdown. Asphalt Low Spot Removal Estimated Quantity 1 LS Agreed Unit Price $967.81 Subtotal This Item $967.81 G:\PDX_Projects\I3\1512\0901 Construction Phase Services\Change Ordem\Final Change Order\Contract Change Order No.I.doc Reason for Contract Change Order: As described above,this contract change order addresses reduction of work,resolution of estimated to final quantities and additional work as requested of the contractor throughout the project.The contract time is also adjusted forward 7 work days to account for the additional time to complete Watkins Street and for the two rain days on July 22nd and 23rd. Contract Time Contract Amount Original Substantial Completion Date: August 15,2014 Original Contract Amount: $1,250,000.00 Original Final Completion Date: August 31,2014 Previous Time Adjustments: Previous Adjustments 0 Days (Increase/Deefeasv): $0.00 Adjustment for this Adjustment for this Contract Change Order Contract Change Order: 7 Days (LieFease/Decrease): $63,634.12 Substantial Completion Date: August 26,2014 Modified Contract Amount: $1,186,365.88 Final Completion Date: September 9,2014 GAPDX_Projects\13\1512\0901 Construction Phase Services\Change Ordes\Final Change Order\Contract Change Order No.Ldoc I, I� FINAL QUANTITES FY 2014-15 PAVEMENT MANAGEMENT PROGRAM-PAVEMENT REHABILITATION Owner:City of Tigard Contractor:Eagle-Elsner,Inc. orK:.l Itiix cxr«,I��.I.. C. 1 305 CONSTRUCT ION SURVEY WORK 1.00 LS 52,000.00 S 2,000.00 1.00 IS S 2,000.00 50.00 310 REMOVAL OF SURFACING 1120.00 SY $6.00 S 6,7?O.UO 993.30 SY S 5,959.80 476020 3 490 ADDMANHOLEPAVINGRINGS 44.00 EA 5130.00 S 5,720.00 50.00 EA S 6,500.00 5780.00 4 490 ADJUSTINGWAT-RORGASVALVEBOXES 63.00 EA 550.00 S 3,150.00 77.00 EA 5 3,850.00 5700!10 5 490 ADJUSTING CATCH BASINS 7.00 EA 5400.00 S 2,800.00 5.00 EA 5 2,000.00 -5800.00 6 490 ADJUSTING MONUMENT BOXES 4.00 EA 580.00 S 320.00 3.00 EA 5 240.00 480.00 7 490 REPLACE OR INSTALL MONUMENT BOX 9.00 EA 5350.00 S 3,150.00 12.00 EA S 4,200.00 51,050.00 8 620 COLD PLANE PAVEIvIEN7'REMOVAL,0-2INCHES DEET' 12400.00 SY 52.85 S 33,340.00 10613.30 SY S 30,247.91 -55,092.10 9 620 COLD PLANE PAVEWHNT REMOVAL,2INCHES DEEP 15440.00 SY 53.55 5 54,812.00 16835.30 SY S 59,765.32 54,953.32 10 620 COLD PLANE PAVEMHNT'REMOVAL,4 INCHES DEEP 2350.00 SY 55.00 5 11,750.00 2228.10 SY S 11,140.50 -5609.50 Il 640 AGGREGATE DASE 230.00 TON $95.00 S 10,350.00 112.48 7ON S 51061.60 -55,288.40 12 640 AGGREGATE SHOULDERS 69.00 T'ON 555.00 S 3,795.00 174.03 TON S 9,571.65 55.776.65 13 745 LEVEL 2.1/2 INCH DENSE HMAC,PG 6422 5980.00 ION 597.00 S 580,060.00 6433.48 TON S 624,047.56 543,987.56 14 745 LEVEL 2,1/2 INCH DENSE IIMAC,PG 64-22 WHTI I71DERS 1660.00 TON 5104.00 S 172,640.00 1764.74 TON 5 183,532.96 510,892.96 15 745 LEVEL 2,12 INCH DEN SE IIMAC,PG 64-22IN LEVELING 80.00 TON 5127.00 S 10,160.00 0.00 TON S -SIO,160.00 16 745 CURBSEALW0 18300.00 LF 50.70 S 12,810.00 19055.00 LF S 13,338.50 5528.50 17 745 6INCH WIDE. IIIERED EDGE SEAL 2200.00 LF 52.80 S 6,160.00 2485.00 LF S 6,958.00 57')8.00 18 749 ASPIIALI'BERMS 900.00 LP 56.50 S 5,850.00 743.00 LP S 4,829.50 -S 1,(120.50 19 749 EXT RA FOR ASPHALT SPEED CUSHIONS 13.00 EA $2,000.00 S 26,000.00 7.00 EA S 141000.00 -512,000.00 20 759 CONCRETE CURBS,CURB AND GUTTER 100.00 LP 557.50 S 5,750.00 136.00 LF S 7,820.00 $2,070.00 21 759 CONCRETE CURBS,STANDARD CURB 1860.00 LF 532.00 S 59,520.00 1811.00 LF S 57,952.00 41,568.00 __ 759 CONCRETE WALKS 6750.00 SP 514.50 5 92,075.00 6245.25 SP S 90,556.13 -51,518.88 23 865 '1'1IERMOPLAS'FIC,EXTRUDED,SURFACE,NON-PROFILED 169011.110 LP 50.90 S 15,210.00 16642.00 LF 5 14,977.80 -523220 24 865 BI-DIRECTIONAL BLUE TYPE IAR MARKERS 36.00 EA 56.50 S 234.00 29.00 EA S 188.50 -545.50 25 667 PAVEMENT LEGEND,'IYPE B-IIS:ARROWS 2.00 EA 5275.00 S 550.00 0.00 EA S -5550.00 26 1 6G7 PAVI.6IENT LEGEND,TYPE B-HS:BUMP 26.00 EA $325.00 S 8,450.00 15.00 EA S 4,875.00 -53,575.00 27 867 I'AVI:MINTLE•GEND,TYPEB.HS:CIIECKER 17.00 EA $550.00 S 7,152.00 7.00 EA S 3,850.00 -53,300.00 28 867 PAVEMIN I BAR,TYPE B-HS 1060.00 SI 58.50 S 9,010.00 1938.00 SP I Is 121223.00 53,213.00 5 1,151$36.00 1 102.4% 5 1,250,0110.1111 IS 1.179.685.72 S 70,314.28 II B.1. August-Tigard PMP Progress Bid U.P. Extended Total Unil Total 10 Survey 0.2 $2,000.00 $400.00 1 $2,000.00 20 Removal of surfacings 138.2 $6.00 $829.20 993.3 $5,959.80 30 Add MH paving Rings 36 $130.00 $4,680.00 50 $6,500.00 40 Adjusting Water or GV Boxes 54 $50.00 $2,700.00 77 $3,850.00 50 Adj CBs 5 $400.00 $2,000.00 5 $2,000.00 60 Adj Mon Boxes 3 $80.00 $240.00 3 $240.00 70 Replace or Install Mon Boxes 9 $350.00 $3,150.00 12 $4,200.00 80 Cold Plane 0-2" Deep 7159.4 $2.85 $20,404.29 10613.3 $30,247.91 90 Cold Plane 2" 12810.1 $3.55 $45,475.86 16835.3 $59,765.32 100 Cold Plane 4" 771.7 $5.00 $3,858.50 2228.1 $11,140.50 110 Aggregate Base 8.19 $45.00 $368.55 112.48 $5,061.60 120 Aggregate Shoulders 135.24 $55.00 $7,438.20 174.03 $9,571.65 130 Level 2, 1/2" Dense, 64-22 3984.88 $97.00 $386,533.36 6433.48 $624,047.56 140 Level 2, 1/2" dense, 64-22 with fiber! 1764.74 $104.00 $183,532.96 1764.74 $183,532.96 150 Level 2, 1/2" dense, 64-22 in leveling 0 $127.00 $0.00 0 $0.00 160 Curb Sealing 19055 $0.70 $13,338.50 19055 $13,338.50 170 6" wide feathered edge seal 2485 $2.80 $6,958.00 2485 $6,958.00 180 Asphalt Berms 706 $6.50 $4,589.00 706 $4,589.00 190 Extra for Asphalt Speed Cushions 7 $2,000.00 $14,000.00 7 $14,000.00 200 Concrete Curbs, Curb and Gutter 56 $57.50 $3,220.00 136 $7,820.00 210 Concrete Curbs, Standard Curb 832 $32.00 $26,624.00 1811 $57,952.00 220 Concrete Walks 2841.75 $14.50 $41,205.38 6245.25 $90,556.13 230 Thermo, extruded, surface, non-profi 16642 $0.90 $14,977.80 16642 $14,977.80 240 Bi-Directional Blue Type 1AR Marker! 29 $6.50 $188.50 29 $188.50 250 Legend, Arrows 0 $275.00 $0.00 0 $0.00 260 Legend, Bump 15 $325.00 $4,875.00 15 $4,875.00 270 Legend, Checker 7 $550.00 $3,850.00 7 $3,850.00 280 Bar,Type B-HS 1438 $8.50 $12,223.00 1438 $12,223.00 $807,660.09 $1,179,445.22 T&M:Spruce/76th Pipe(7/15/2014) Material 1 LS $104.56 $122.34 Foreman 2 HR $52.05 $104.10 $127.00 Labor 5 HR $43.28 $216.40 $264.01 10-69: Dodge Pickup 2 HR $10.00 $20.00 $23.40 $536.75 T&M: 7-25.7-28 CB Repair Subcontractor: Roger Langelier 1 EACH $250.00 $250.00 $270.00 Foreman 3 HR $52.05 $156.15 $190.50 Operator 4 HR $51.11 $204.44 $249.42 Labor 3 HR $43.28 $129.84 $158.40 40-23: 416 Backhoe 3 HR $35.00 $105.00 $122.85 40-25: 305 Minihoe 2 HR $30.00 $60.00 $70.20 10-69: Dodge Pickup 1.5 HR $10.00 $15.00 $17.55 $1,078.92 T&M: 8/20 Install AC ramps and Pave AC Apron Rate Base Mark-Up Material 5.07 Ton $65.50 $332.09 $388.54 Foreman 5.5 HR $52.05 $286.28 $349.26 Operator 5.5 HR $51.11 $281.11 $342.95 Labor 5.5 HR $43.28 $238.04 $290.41 Flagger 5.5 HR $38.21 $210.16 $256.39 10-69: Dodge Pickup 5.5 HR $10.00 $55.00 $64.35 #103 Dump Truck 5.5 HR $55.00 $302.50 $353.93 Tack Trailer 1 HR $15.00 $15.00 $17.55 $2,063.37 TVWD Manhole Adjustment(78th and Spruce) 1 EA $400.00 T&M:9/19 High AC, remove existing AC and repave Material 1.5 Ton $65.50 $98.25 $114.95 Foreman 4 HR $52.05 $208.20 $254.00 Operator 4 HR $51.11 $204.44 $249.42 Labor 8 HR $43.28 $346.24 $422.41 EET Dump Truck 2 HR $85.00 $170.00 $183.60 40-21: 416 Backhoe 2 HR $35.00 $70.00 $81.90 10-69: Dodge Pickup 4 HR $10.00 $40.00 $46.80 $1,353.09 T&M:9/10 Stop Sign Relocation (115th/Genesis) Materials $40.70 $47.62 Foreman 2 HR $52.05 $104.10 $127.00 Labor 2 HR $43.28 $86.56 $105.60 $280.22 T&M: 9/25 Hand Grinding @ Tigard St/115th Hand Grinder(minimum) 1 LS $250 $250.00 $270.00 Water Truck Mobilization 3 HR $85 $255.00 $275.40 Labor 8 HR $43.28 $346.24 $422.41 $967.81 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVERY CONTRACT «OO� Contract Title: FY 2014-15 PMP—Pavement Rehabilitation Number: ( ! Contractor: Eagle-Elsner, Inc. Contract Total: $1.250.000 Contract Overview: Pavement rehabilitation work on 78`h Ave, 105`h Ave, 109`h Ave, 115`h Ave, Frewing St, Springwood Dr,Spruce St Tech Center Dr.Tigard St-and Watkins St. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering 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 Easle-Elsner $1,151,536 S-2 Contractors $1,164,562 Brix Paving $1,233,030 Knife River $1,291,279 Account String: Fund-Division-Account Work Order—Activity Tya2e Amount FY14/15 412-8000-56005 95001-140 $1,250,000 Approvals - LCRB Date: 6/10/14 Department Comments: Note that the street list was changed after the bid to delete old Gaarde St. and Landmark Ln. to avoid conflicts with utilities, and add Watkins St. This increased the contract amount (but not above the budget, with no change in bid orderl. Department Signature: ��z4 Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Phone: 503-639-4171 Fax:503-684-2797 CONTRACT DOCUMENTS for the construction of FY 2014-15 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation Project No.: CIP 2014-95001 OL &�to*I'"' & Approved y: A. Stone,P.E.,City Engineer Bid Proposals Due& Bids Open: May 8,2014-2:00 PM Version: April 21, 2014 41 CITY OF TIGARD, OREGON CONTRACTDOCUMENTS FY 2014-15 Pavement Management Program Pavement Rehabilitation DATE DUE: Thursday,May 8,2014 TIME DUE: 2:00 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 4:00 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: josephgdgad or.kov 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 FY 2014-15 Pavement Management Program Pavement Rehabilitation The City of Tigard will receive sealed bids from qualified fines at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 until 2:00 pm local time,Thursday,May 8, 2014 for the FY 2014-15 Pavement Management Program Pavement Rehabilitation 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. Construction of asphaltic concrete inlays and overlays 2. Asphalt concrete removal(grinding) and repair 3. Adjustment of facilities to match new pavement level 4. Applying sealant along pavement edges and joints 5. Temporary signage,protection,and traffic control 6. Striping and pavement marking 7. Construction of concrete curbs and ramps 8. 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 subunit 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 4:00 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 nununum 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 lay. 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 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 either(503) 718-2477 or joseph@tigard-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: Dail-Journal of Commerce Date: April 25 and 28, 2014 Published: The Oregonian Date: April 25,2014 3 1 P a - e TABLE OF CONTEN'T'S TITLE PAGE TitlePage-------------------------------------------------------------- --------------------------------------------1 Advertisement for Bids 3 Table of Contents. 4 INSTRUCTIONS TO BIDDERS Section 00120 Bidding Requirements and Procedures-------------------------------------------------------------5 Section 00130 Award and Execution of Contract 14 BID BOOKLET AttachmentA Proposal-----------------------------------------------------------------------------------------------------------19 Attachment B Acknowledgement of Addenda----------------------------------------------------------------------23 Attachment C Bid Certifications 24 Attachment D First Tier Subcontract Disclosure Form 25 --------------------------------------------------------- Attachment E Bid Bond Form. 26 CONTRACT BOOKLET Attachment F Public Improvement Contract,------------------------------------------------------------------------27 Attachment G Performance Bond Form 42 Attachment H Payment Bond Form------------------------------- -------------------------------------------------------44 Attachment I Supplementary General Conditions----------------------------------------------------------------46 Attachment J Special Provisions-------------------------------------------------------------------- Attachment K Oregon BOLI Prevailing Wage Rates-------------------------------------------------------------78 Attachment M Standard Details79 .-------------------------------- DRAWINGS FY 2014-15 Pavement Management Program Pavement Rehabilitation Sheets 1 through 67 Dated April 24, 2014 41Page 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: httl)_//Nv\t,\v.oregon.gov/ODOT/H\VY/SPECS/standard specificationsshtinl. (a) Paper Bids - Bidders must obtain Solicitation Documents from the City of Tigard, 13125 SAX/ Hall Blvd., Tigard, OR 97223. Each request must include both the name of the person ordering or obtaining the Solicitation Documents,and the name of the Entity intending to use them. (The City will add the name of the Entity intending to use the Solicitation Documents to the list of Holders of Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of Tigard may be used to submit Bids. (b) Standards and Specifications - The work embraced herein shall be done in accordance with the following standards and specifications. Oregon Standard Specifications Version 2008—Volumes 1 &2 Available from ODOT City of Tigard Public Improvement Design Standards Download from the City's web site CWS Design and Construction Standards 07-20 w--,v-,v.cleamvaterser\rices.ortr Supplementary General Conditions Included in the Bid Booklet Manual on Uniform Traffic Control Devices (IVIUTCD) Oregon Temporary Traffic Control Handbook 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 o Acknowledgement of Addenda ® Bid Certifications o 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. 5 1 P a g e 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be Encountered-Before submitting a Bid,Bidders shall carefully examine the site of the proposed Work,the Bid Booklet, Plans, and Specifications. Bidders shall also contact Utility owners to verify all Utilities' anticipated involvement on the Project Site. Bidders are also encouraged to review any subsurface investigation material referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder has examined the Project Site and Solicitation Documents, funds 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 the bid packet or sample contract (Attaclunent 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. Tl-ie 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 FY 2014-15 Pavement Management Program—Pavement Rehabilitation 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 6 1 P a g e 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. 71Page (c) Restrictions on Use - Contractors shall comply with all applicable laws, ordinances, and regulations pertaining to use of City-owned property, and shall: ® Not cause unreasonable impacts on traffic and other facility users. o Clean up all hazardous materials deposited by, or resulting from, Contractor operations. o Be responsible for all costs associated with use of the property. 00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are approximate and are provided only for comparison of Bids. The City does not warrant that the actual individual items, amount of Work, or quantities will correspond to those shown in the Bid Schedule. Payment to the Contractor will be made only for actual quantities of Work performed and accepted or Materials furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be furnished may each be increased,decreased,or omitted as provided in 00120.30 and 00140.30. 00120.25 Subsurface Investigations - If the City or its consultant has conducted subsurface or geologic investigations of the proposed Project Site, the results of the investigations may be included in written reports. If reports have been prepared, copies will be available at the Engineer's office. If the City has retained subsurface samples, they will also be available for inspection. Bidders and the Contractor may make arrangements for viewing the samples through the City's office. The availability of subsurface information from the City is solely for the convenience of the Bidder and shall not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required by 00120.15,or other responsibility under the Contract Documents. It is mutually agreed to by all parties that: ® The written report(s) are reference documents and not part of the Contract Documents. © The subsurface investigations made by the City are for the purpose of 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 modif T 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 submitting 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 the rejection of a bid. 81Page Bidders may refer to the following Subsections for requirements that may affect bidding considerations: 0 00120.80,Preference for Oregon Resident Bidders 0 00130.80,Restrictions on Commencement of Work 0 00150.55,Coordination of Work 0 00150.75,Protection and Maintenance of Work 0 0016020(a), Buy America 0 00160.20(b),Buy Oregon 0 00180.20, Subcontracting Limitations 0 00180.21, Subcontracting 0 00195.50(a-1), Incidentals 0 00195.00(a), Cost of Insurance and Bonds (b) Paper Bids -The Bidders shall not alter, in any manner, the paper documents bound within the Bid Section. Bidders shall complete the certifications and statements included in the Bid Section of the Bid Booklet according to the instructions. Signature of the Bidder's authorized representative thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements contained in the paper Bid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures and initials shall be in ink, except for changes submitted by facsimile (FAX) transmission as provided by 00120.60 (in which case FAX signatures shall be considered originals). The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not required if another 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 unit price multiplied by the quantity given. The unit price shall be greater than zero, shall contain no more than two decimal places to the right of the decimal point, and shall be expressed in U.S. dollars and cents (for example, $150.25 or$0.37). Bidders shall also enter the total amount of the Bid obtained by adding amounts for all items in the paper Bid Schedule. Corrections or changes of item entries shall be in ink, with incorrect entry lined out and correct entry entered and initialed. (e) Bidder's Address and Signature Pages - Bidders shall include 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. (� 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 pad able to the Agency. (see ORS 279C.365(4)). 91Page 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 tune 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: 0 5% of the total Project Bid,but at least$15,000; or 0 $350,000,regardless of the percentage of the total Project Bid. For each Subcontractor listed,Bidders shall state: 0 The name of the Subcontractor; 0 The dollar amount of the subcontract; and 0 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: 0 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; 0 By removing it from the paper Bid Booklet, filling it out and submitting it separately to the Agency Procurement Office,at the address or FAX number given in the Bid Booklet. Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the Procurement Office within two working hours of the time designated for receiving Bids. Bids not in compliance with the requirements of this Subsection will be considered non-responsive. 00120.45 Submittal of Bids: (a) Paper Bids - Paper bids may be submitted by mail, parcel delivery service, or hand delivery to the offices and addresses, and at the times given in the Bid Booklet. Submit paper Bids in a sealed envelope marked with the word "Bid", the name of the Project, and the words "To Be Opened Only by Authorized Personnel" on the outside. If a delivery or courier service is used, the Bidder shall place the sealed envelope containing the paper Bid inside the delivery or courier service's envelope. 101Page Closing time for acceptance of paper Bids is the time stated in the Advertisement on the day of Bid Opening. Paper Bids submitted after the time set for receiving paper Bids will not be opened or considered. The Agency assumes no responsibility for the receipt and return of late paper Bids. (b) Submission - One (1) original and one copy of the sealed Bid must be received before the stated closing time at the address listed below. To assure that your bid receives priority treatment,please mark as follows. FY 2014-15 Pavement Management Program—Pavement Rehabilitation Due Date: May 8,2014—2:00 pm 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 tirne. The City shall not be responsible for the proper identification and handling of any bids submitted incorrectly. (e) Bid Opening - Bids will be opened immediately following the deadline for receiving bids as stated in the Advertisement in Tigard City Hall. Bidders may be present; however, award decisions will not be made at the opening. 00120.60 Revision or Withdrawal of Bids: (a) Modifications To Bids - In accordance with Tigard Public Contracting Rule 30.070 (A), a Bid may be modified after subrnittal 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 d-ie total sum computed from quantities listed in all Bid Schedules tunes unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended amount, the unit price shall govern, and the City may make arithmetic corrections on extension amounts. When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to 111Pa - e recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected by the bidder and the contractor Nvill 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: a 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. o 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. m A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may be rejected. a 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). o Each change or correction is not individually initialed. o White-out tape or white-out liquid is used to correct item entries. o The price per unit cannot be determined. o The Bid guaranty is insufficient or improper. ® The original Bid Bond form is not used or is altered. ® The Oregon Construction Contractors Board registration number and expiration date are not shown on the Bid if required in the Solicitation Document. This requirement applies to State-funded or locally funded Projects, with the exception of Aggregate production and landscape Projects (not required on Federal-Aid Projects)- ® A disclosure of first-tier Subcontractors, if required under 00120.40(0, is not received within two working hours of the time Bids are due to be submitted, or the disclosure form is not complete. ® The Bidder has not complied with the DBE requirements of the solicitation. © The Bid does not acknowledge all issued Addenda. o The Bid contains entries that are not greater than zero. o The Bid contains entries with more than two decimals to the right of the decirnal point. ® The Bid entries are not expressed in U.S. dollars and cents. 00120.80 Reciprocal Preference for Oregon Resident Bidders -This Subsection applies only to Contracts for Projects financed without federal funds. Bidders shall complete the certificate of residency provided by the City in the Bid Booklet. Failure to properly complete the form will be cause to reject the Bid. As used in the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who has: ® Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar months immediately preceding submission of the Bid; o A business address in the State of Oregon; and a Certified in the Bid that the Bidder qualifies as a Resident Bidder. "Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above. 121Page 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 Ser-\rices. 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: o More than one Bid is submitted for the same Work by an Entity under the same or different name(s). o Evidence of collusion among Bidders. Participants in collusion will be found responsible, and may be subject to criminal prosecution. o Any of the grounds for disqualification cited in ORS 279C.440. A Bidder will be disqualified if the Bidder has: o Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860; ® Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or been licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k), ORS 701.055, and ORS 671.530). The Bidder's registration number and expiration date shall be shown in the Bid form, if requested. Failure to furnish the registration number, if requested, will render the Bid non-responsive and subject to rejection. (not required on Federal-Aid projects); or a Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a public contract for a public improvement. 00120.91 Rejection-of Bid on Grounds of Nonresponsibility of Bidder - The Bid of a Bidder who is found to be nonresponsible according to the criteria listed in 00130.10 will be rejected. Refer also to ORS 279C.375(2). 120.95 Public Records - All bid material submitted by bidder shall become the property of the City and is public record unless otherwise specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information 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. 131Page 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 Cite reserves the right, as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any and all minor informalities that may arise in relation to this bid process. Minor informalities are matters of form rather than substance that are evident from the bid documents, or insignificant mistakes that can be waived or corrected without prejudice to other bidders or the City. The informality shall not affect price, quantity, quality, delivery, or contractual conditions except in the case of informalities involving unit pricing. (c) After opening and reading Bids, the Agency will check them for correct extensions of unit prices and totals. (see 00120.65) The total of extensions, corrected where necessary, will be used by the Agency for Award purposes. (d) Bids will be considered and a Contract awarded,if at all,within 60 Calendar Days from the date of Bid Opening,unless an extension beyond that time is agreed to by both parties and acknowledged in writing by the Bidder. 00130.10 Award of Contract -After the Bids are opened and a deter7iunation 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: o Substantially complied with all prescribed public bidding procedures and requirements. m 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. o A satisfactory record of integrity. o 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. 141Pa - e The Award will not be final until the later of the following: o The City has provided a written response to each timely protest, denying the protest and affirming the Award, or o 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 claiun that all lower bidders are ineligible for award because they are non-responsive or non-responsible. The Citywill 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(Attaclunent 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 151Page 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 full force and effect until the City has advised the Contractor that: o There are no coating system defects;or o If the Contractor has been notified that there are coating system defects, the defects have been repaired by the Contractor to the satisfaction of the City as specified under the coating system warranty and the full warranty period has expired. Supplemental warranty performance bonds cannot be canceled nor can they be released due to possible claims. (b) Certificates of Insurance - The successful Bidder shall furnish the City certificates of insurance applicable to the Project, according to 00170.70. The insurance coverages shall remain in force throughout the performance of the Contract and shall not be allowed to lapse without prior written approval of the City. Bidders may refer to 00170.70 for minimum coverage limits and other requirements. For specified Contracts, certified copies, and in some instances the original, of insurance policies may be required by the Special Provisions. (c) Workers' Compensation - To certify compliance with the workers' compensation insurance coverage required by 00170.61(x) and 00170.70(d), the successful Bidder shall complete and sign the "Certification of Workers'Compensation Coverage" form bound in the Contract booklet. (d) Registration Requirements: (1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon Construction Contractors Board or licensed by the State Landscape Contractors Board prior to submission of a Bid on a Project not involving federal funds. Registration with the Construction Contractors Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on Federal-Aid Projects; however, the Agency will not execute a Contract until the Contractor is so registered or licensed. (2) Bidders must be registered with the Corporation Division, Oregon Secretary of State, if bidding as a corporation, limited liability company, joint venture, or limited liability partnership, or if operating under an assumed business name and the legal name of each person carrying on the business is not included in the business name. (3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a construction project that includes landscape contracting as a portion of the project if the landscape contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520. 161Paae (4) A landscaping business may bid on a Project or perform a Contract that includes the phase of landscape contracting for which it is not licensed if it employs a landscape contractor, or subcontracts with another licensed landscaping business,licensed for that phase. (e) Business Tax and Federal Id No. Required-The City of'Tigard Business Tax is required from the successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the obtaining of the City of Tigard Business Tax. Upon award of proposal, contractor shall complete a Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City. 00130.50 Execution of Contract and Bonds: (a) By the Bidder - The successful Bidder shall deliver the required number of Contract booklets with the properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation coverage, and the required certificates of insurance, to the Procurement Office within 15 Calendar Days after the date on which the Contract booklets are sent or othenvise conveyed to the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the City and named in this Subsection, with original signatures. Certificates of insurance shall also be originals. Certificates of insurance for coverages that are permitted by the City under 00170.70(a) to be obtained by appropriate subcontractors shall be delivered by the Contractor to the City together with the Contractor's request under 0018021 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(x), 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. (c) Contract -_After the award, the Contractor and the City will enter into a public improvement contract incorporating the terms and conditions of the Public Improvement Contract and the bid response. Vendors taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 00120.15(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 171Page 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 the three apparent lowest Bidders on each Project. The guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders within seven days of the Agency's execution of the Contract. 00130.80 Project Site Restriction - Until the City sends the Contractor written Notice to Proceed with the Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not go onto the Project Site on which the Work is to be done, nor move Materials, Equipment, or workers onto that Project Site. The Contractor will not automatically be entitled to extra compensation because the commencement of Work is delayed by failure of the City to send the Contract for execution. However, if more than 30 Calendar Days elapse between the date the Bid is opened and the date the City sends the Contract to be executed, the City will consider granting an adjustment of tune 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 Nvill 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). 181Paae ZATTACI- MENI'A PROPOSAL CITY OF TIGARD FY 2014-15 Pavement Management Program Pavement Rehabilitation 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: FY 2014-15 Pavement Management Program—Pavement Rehabilitation Bid Due Date: Name of Submitting Firm: q —�� ✓ The Undersigned (check one of the following;and provide additional ii formation): 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 th State of ; hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Basic Bid as follows: Oyu�,�/.b.�a� c�rUl� d�% �lT� f���'�fy.�9 and 00 /100 Dollars and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract Documents, and forms. Submission of this bid shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the 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. 191Pa2 BID SCHEDULE-REVISED(05/05/2014) FY 2014-15 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation Project No:CIP 2014-95001 OL Item No ODOT Section Number&Item Description Quantity Unit Unit Cost Total Cost ROADWORK 1 00305-CONSTRUCTION SURVEY WORK 1 LS S7, 2 00310-REIt1pVAL OI,SURI�ACINGS 1120 SY S (p•OU S "t70•a) ROADWORK TOTAL $ g '?ZO.I>d ROADWORK 3 00490-ADD MANHOLE PAVING RINGS 44 EA S 130.Lb L, 57�,0�1 4 00490-ADJUSTING WATER OR GAS VALVE BOXES 63 EA S60-cy $ 315a oo 5 00490-ADJUSTING CATCH BASINS 7 17A S cy.tJO $ 2 f6d,00 6 00490-ADJUSTING INIONUNIENT BOXES 4 EA S 10,Do S -2,zo,ct" 7 00490-REPLACE OR INSTALL,,\IONUIt4ENT BOY 9 EA S 35,>•"*$ 5,0,00 DRAINAGE AND SEWERS Total $ /5, /y0•yU BASES 8 00620-COLD PLANE PAVEMENT REMOVAL,0-2 12400 SY $ 35�EIv'�o INCHES DEEPt 9 00620-COLD PLANCE PAVEMENT RENIOV AL 2 15440 SY $3.55 s5`. g1 Z•ZOO INCHES DEEP t 10 00620-COLD PLANE PAVEMENT RElv10V7AL,4 2350 SY S5,00 INCHES DEEP S f?7 Sf1,00 11 00640-AGGREGATE BASE 230 TON S qs.Pd S /0' 3St?-cle 12 00640-AGGREGATE SHOULDERS 69 TON $ 04 S 3.'-7 'rJ.00 BASES Total $ ��(G� LEl7,cc WEARING SURFACES �,� r 13 00745-LEVEL 2,1/2 INCH DENSE HAIAC,pg64-22 5980 TON S ? 7,00 S ✓�ptpj�1•00 14 00745-LEVEL 2,1/2 INCH DENSE 14NLAC,PG64-22 1660 TON 5 10'1�049 S /72-, I L 0 WITH FI FIBERS 15 007 5-LEVEL 2,1/2 INCH DENSE Hlv,L\C,PG 64-221N 80 TON $12-I•0oING - $ Jam.00 16 00745-CURB SEALING 18300 LF s6.70 S Z����•c!(J 17 00745-6 INCH WIDE FEATHERED EDGE SEAL 2200 LF $"L v $ fo L too.ov r 18 00749-ASPHALTBFRMS 900 LF S ' •oS' S 0.0' 19 00749-EXTRA FOR ASPHALT SPEED CUSHIONS 13 EA S2i000-`-1,S (, O •JZ 20 007459-CONCRETE CURBS,CURB AND GUTTER 100 LF 67.5, o s S'ISo,.3a 21 00759-CONCRETE CURBS,STANDARD CURB 1860 LF $32.0c) SS 5�5.2p,0') 22 00759-CONCRETE WALKS 6350 SF &/q"50 5 WEARING SURFACES Total $ 7-4 A PERMANENT TRFFIC SAFETY AND GUIDANCE DEVICES 23 00865-THERMOPLASTIC,EXTRUDED,SURFACE, 16900 LF S P Ll 2s./t9,f/Go NON-PROFILED 24 00865-BI-DIRECTIONAL BLUE TYPE 1AR MARKERS 36 EACH S -5;0 S 2 ly•o G 25 110867-PAVEMENT LEGEND,TYPE B-1-IS:ARROWS 2 EACH S �7700�( 6060,Of.)26 00867-PAVEMENT LEGEND,TYPE B-HS:BUN'iP 26 EACH $ p 7"170.00 27 00867-PAVEMENT LEGEND,TYPE B-HS:CHECKER 13 EACH $5'Sc�ate'$ -7 PSO,04l 28 00867-PAVE1\1ENT BAR,TYPE B-IIS 1060 SF $160 $ 011),vel PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES $ �(,. (v0 y V O Project Total $ Oo d,v 76,,.,, , eve ff ,,4,,:/ - BID TOTAL IN WORDS 7-h yl-y 5Jx Dv((cz{5 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 suu�rety(ies requested to issue the Performance Bond and Payment Bond -,vill be Z,VeSJ,PI ?erre_)y 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 VHAS ❑ HAS NOT (check coplicable status) complied with any Affirmative Action Requirements included within the procurement documents. The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is G✓ with an expiration date of Qom/-nZ— 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 PkXa 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 211Page 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 - ✓ , Policy No. and that Undersigned shall submit Certificates of Insurance as required. Name of Company: �- — Company Address: �& Federal Tax ID: Q 73IA 70 Telephoner Fax: Q (SEAL) I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I understand that I will be required to provide necessary information to verify that the firm meets these qualifications if selected for the subsequent Agreement. Authorized Signature: Printed Name & Title: 7L c d7� Date: Payment information will be reported to the IRS under the name and federal taxpayer ID number provided above. Information not matching IRS records or not provided to the City could subject the successful Contractor to a twenty eight percent (28%) backup withholding. ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA CITY OF TIGARD IFY 2014-15 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation I/`SUE HAVE RECEIVED THE FOLLOWING ADDENDA: Lf none received, write `None Received" 1. Ov)-e— /,k,. 5- ) z��- 3. 2._ /INS �� 4. Date C Signature A Proposer Title Corporate ame Page 23 ATTACHMENT C BID CERTIFICATIONS CITY OF TIGARD FY 2014-15 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation 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 shoving is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Firm Name: ev— .1 m e- Address: e X 3� 04 74-Y Officer's signature: i-�-r Type or print officer's name: Page 24 ATTACHMENT D FIRST TIER SUBCONTRACTOR DISCLOSURE FORM CITY OF TIGARD FY 2014-15 Pavement Management Program Pavement Rehabilitation BID #: CIP 2014-95001 BID CLOSING: Date: May 8, 2014 Time: 2:00 pm This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (Attach additional sheets if needed). NAME DOLLAR VALUE CATEGORY OF WORK 2) j2vC7r ce,rS 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): ✓ .�✓�cs Contact name: c8 + Phone #: (3 Page 25 ATTACIZIENT E BID BOND CITS�OF 1XICYARD FY 2014.15 Pavement Management Prograrn 1'av-ment R-p6bffitation We,Eagle Elsner, Inc. as ``PriuctPA" 'Name of Priacipal) sud Western Surety Company .an South*Dakota Ca.porat ion, (Name of Surety)' authorized to YfaIIsacr Suray busihess in tine$tatt of Oregon, as '$vrM"hereby jointly and smora ly bind ouxselfts, oux mpective hats, executors, administrators, successors, and assigns to pay Unto the City of Tigaxd ("Obligec') :hc sunt of Ten Percent of Total Amount Bid--.- and. f 1(30 Dollars ( 10% of Bid--- WM)KEAS, the condition of the obligation of tris bond is the Principal has submitted a bid or proposal to the Obligee in response to Obligee.Q sohdtai on for the project idontificd•as FY 2014-15 FavexPc-nc Nfanagemeht Program PavemenrRehabiiitation ,which bid or proposal is made a pari of tWs band by rcfeseuce,and Principal is requ3=d to £utnisb bid sccudty in an amount equal to Teri percent(10°1o) of the toW ataouut of the bid pursuant to the solicitation document: NOW, T>FEREFORE, if the bid or proposal sub.-firMd by Ptincipal is accepted, and if a contract pursuant to the Proposal ox bid is avmtdcd to Pxkucipal, a.nd, if Principal enters into and executes such contract Z�itliin t'he time speci&d is the said documeats and delivers to Obligee its good and giZfieienr Perfotnance Bond'scd Payment bond requirtd by :Obligee within the time fa°ed by Obligee, then this obligation shah be-void,othexaiise,it alxall reuaain in full force and effect. IN WITNESS WHEREOF, we have caused this insuiu-n .nt to be exerted and sealed b our duly aud%osizcd lcgal xepxeseatadves this•8th day-of May 2074 Eagl ner, Inc. SUpFTy, Western Surety Company By: BV A'ITOKNEY zN-r-Acer Si+.J Gloria Bruning Prig e Pxizmtcd Ntc�o Attest; Signa=c 12Q1 SW 12th Ave., #500 Address Portland, OR 97205 State Zip Page 26 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Philip O Forker, Ray M Paiement, John D Klump, Gene M Dietzman, James P Dooney, Vicki Mather, Gloria ]Bruning, Richard W Kowalski, Brent Olson, J Patrick Dooney, Karen A Pierce,Joel Dietzman, Christopher A Reburn, Tami Jones, Individually of Portland,OR,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of September,2013. �REr WESTERN SURETY COMPANY ,Qy,s...........co, _N VCQ` ATi^i v =Wi iL_ s .OPµ��P� „��„�N��'° aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 16th day of September,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires SMShS44 sKh4YY+tiSY4ti\Yti+SS J.MOHR t t NOTARY PUBLIC ^ t June 23,2015 J SSE t EAL SOUTH DAKOTA AL tt J.Mohr,Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printqa on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of i WESTERN SURETY COMPANY OS 4('oQPOAy�:�a: W i4 el 2- o`.SE AV r ATTACHMENT F PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT CITY OF TIGARD FY 2014-15 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION THIS CONTRACT, made and entered into this 11°i day of June, 2014, by and between the City of Tigard, a municipal corporation of die State of Oregon, hereinafter called "City" and Eagle-Elsner, Inc. hereinafter called "Contractor", duly authorized to perform such services in Oregon. RECITALS WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described; and WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Bid Proposal; THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of the following: A. Construction of asphaltic concrete inlays and overlays B. Asphalt concrete removal(grinding) and repair C. Adjustment of facilities to match new pavement level D. Applying sealant along pavement edges and joints E. Temporary signage,protection,and traffic control F. Striping and pavement marking G. Construction of concrete curbs and ramps H. Performance of additional and incidental work as called for by the specifications and plans, and 1. Replacement of Landmark Lane (End to 72"`' Avenue) and Old Gaarde Street (Gaarde Street to 99W) from original scope of work with Watkins Street (Walnut to Hwy 99W) (see attached). All unit pricing shall remain the same for this replacement. 2. Prevailing Wage The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor,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 die Contractor has filed a public works bond with a corporate surety in the amount of$30,000 With the Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in every subcontract to this Agreement that the subcontractor file a public works bond with the Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless offienvise exempt. For contracts $50,000 or greater, the City shall pay a fee equal to one-tenth of one percent (.001) of the price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the first progress payment or sixty (60) days from the date work first began,whichever comes first. 3. Pre-Construction Conference Contractor and listed subcontractors shall attend and participate in any pre-construction conferences described or listed irl the general conditions before any work is started on the project site. 4. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to dnis Agreement, in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract documents include the documents with the following titles that are bound in the solicitation documents and the standard documents comprised of the Oregon Standard Specification for Construction, 2008,Volume 1 and Volume 2. Solicitation Documents Advertisement for Bids Bidding Requirements and Procedures Award and Execution of Contract Proposal Acknowledgement of Addenda Bid Certifications—Non-Discrimination Clause First Tier Subcontract Disclosure Form Bid Bond 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 (MUTCD) 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 mikem(c�r�,tigard-or.gov. 6. Contractor's Representative For purpose hereof, the Contractors authorized representative will be Jacob Eagle, who can be reached at (503) 628-1137. 7. Contractor Identification Contractor shall furnish to the City the Contractors employer identification number, as designated by the Internal Revenue Service, or Contractor's social security number, as City deems applicable. 8. Compensation A. Progress Payments: City agrees to pay Contractor an amount not exceeding One Million Two Hundred Fifty Thousand and No/100 Dollars ($1,250,000.00) for performance of those services provided hereunder. All payments shall be based upon the unit pricing submitted by the Contractor and contained herein by this reference. Payment shall be based upon the following applicable terms: 1) 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. 2) Payment constitutes full compensation to die Contractor for furnishing all materials, equipment, labor, and incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the Work or from the action of the elements, subject to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. 3) 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. 4) Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd, Tigard, Oregon 97223, a statement of services rendered, indicating the description of each service used in the proposal and the dollar amount of each service completed through the state date, together with a request for payment duly verified by the Contractor's Representative and copies of certified payroll statements. 5) Payment by dze 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 audzorized 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. 6) Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. The City shall retain dhe right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. 7) As required under State of Oregon Prevailing Wage Rate (P)X/R) Law, die City shall withhold 25% of any progress payment amounts owed to Contractor if Contractor has failed to file certified statements widi the City. B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS 279C.555, shall be made to the Contractor within twenty (20) days of dhe 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 die work remains uncompleted after the Time of Completion and that the amount of those damages are difficult to calculate. Contractor and City agree that a reasonable amount of damages for late completion is $700.00 per day and Contractor agrees to pay damages in that amount if the work is not completed by the Time of Completion. C. Final Payment: The Contractor shall notify the City in writing when the Contractor considers die project complete, and the City shall, within 15 days after receiving the written notice, either accept the work or notify dne Contractor of work yet to be performed on the contract. Upon acceptance by d1e City, the entire balance due to the Contractor, including the retained percentage, shall be paid to the Contractor, by die City within 30 days after d-ie date of said final acceptance. The City shall pay to the Contractor interest at the rate of one and one-half percent per month on the final payment due the Contractor, to commence 30 days after the work under the Contract has been completed and accepted and to run until the date when final payment is tendered to the Contractor. If the City does not, within 15 days after receiving written notice of completion, notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run 30 days after the end of the 15-day period. As a further conditions of final acceptance, the City may require the Contractor to submit evidence, satisfactory to dne City's Representative, that all payrolls, material bills, and other indebtedness connected wid-i the project have been paid, except that in case of any disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 9. Status Of Contractor As Independent Contractor Contractor certifies drat: A. Contractor acknowledges dhat 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 d-ie 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 d7is contract as such claim becomes due, the proper office of the City of Tigard may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the Contractor by reason of such contract. Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from obligation with respect to any unpaid claims. D. Contractor agrees that no person shall be employed for more than ten (10) hours irr any one day, or 40 hoursin any one week, except in cases of necessity or emergency or when the City deems it in the best interest of the public or policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least time and a half pay for the following: 1) For all overtime 111 excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or. 2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday;and 3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540. E. The Contractor agrees to provide a written schedule to all employees showing the number of hours per day and days per week the employee may be required to work. F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in die fulfilhnent of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel toles 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 fust-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 definedin 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 111 contracts with subcontractors an interest provision for such payments in compliance widl ORS 279C.580. Contractor shall include a clause in each contract with a subcontractor requiring the subcontractor to meet the same payment and interest standards as required by ORS 279C.580 (4). 12. Drug Testing Program ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a drug-testing program is in place by signing of the contact. The drug testing program will apply to all employees and will be maintained for die duration of the Contract awarded. Failure to maintain a program shall constitute a material breach of contract. 13. Contractor's Employee Medical Payments Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Contractor's employees, all sums which the Contractor agreed to pay for such services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for such service as referenced in ORS 279C.530. 14. Early Termination A. This agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute; or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 15. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed, or 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appouited for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of dais agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such terinuiation. 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 tune specified herein or any extension thereof, or 2) If Contractor fails to perform any of d-ie other provisions of this Agreement, or so fails to pursue the work as to endanger performance of diis 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, drat 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, exarnulation, excerpts, and transcripts. 17. Work is Property of City r'lll work performed by Contractor under this Agreement shall be the property of the City. 18. Adherence to Law A. Contractor shall adhere to all applicable laws governing its relationship with its employees, including but not limited to laws, rules, regulations, and policies concerning workers' compensation, and minimum and prevailing wage requirements. B. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to the Acts. C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable extension, if necessary, of the contract tune, a reasonable adjustment in the contract price, if necessary, to compensate the Contractor for all costs and expenses incurred, including overhead and profits, as a result of the delay or additional work. Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of which the City has knowledge that have enacted Environmental Laws which may affect the performance of the work: FEDERAL AGENCIES ➢ Agriculture • Department of Forest Service • Soil Conservation Service ➢ Defense • Department of Army Corps of Engineers Energy • Department of Federal Energy Regulatory Commission ➢ Environmental Protection Agency ➢ Department of Health and Human Services ➢ Housing and Urban Development • Department of Solar Energy Conservation Bank ➢ Interior, Department of • Bureau of Sports Fisheries and Wildlife • Bureau of Outdoor Recreation • Bureau of Land Management • Bureau of Mines • Bureau of Indian Affairs • Bureau of Reclamation • Geological Survey • Minerals Management Service ➢ Labor,Department of • Mine Safety and Health Administration • Occupational Safety and Health 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 Cormrnission ➢ 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 Cormnnissioners,Board of ➢ Port Districts ➢ Metropolitan Services Districts ➢ County Service Districts ➢ Sanitary Districts ➢ Water Districts ➢ Fire Protection Districts 19. Changes City may at any time, and without notice, issue a written Change Order requiring additional work within the general scope of this Contract, or any amendment thereto, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Wheffier made pursuant to this section or by mutual agreement, no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City,which expressly states that it constitutes a Change Order to this Contract. The issuance of information, advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract, as changed. 20. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under Contract. 21. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 22. Warranties All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance of the work by the Owner. Contractor warrants that all practices and procedures, workmanship, and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this contract. 23. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 24. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the appropriate court of the State of Oregon. 25. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between die terms of this instrument and the proposal of the Contractor, this instrument shall control and nothing herein shall be considered as an acceptance of die said terms of said proposal conflicting herewith. 26. Indemnification Contractor warrants that all its work will be performed in accordance wid-1 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 hai7nless 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, whedier 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 die validity of the remainder of this indemnification. 27. Insurance Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to die interests of City and drat any other insurance maintained by City is excess and not contributory insurance�vidi the insurance required hereunder. The policy or policies of uisurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and keep in effect during die term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $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 die 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 die 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 widen 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 this contract. All Liability Insurance policies will be endorsed to show this additional coverage. E. Insurance Carrier Ratui : Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the Light to reject all or any insurance carrier(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: jU 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 foam satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Cite of Tigard Attn: Office of Risk Management 13125 SW Hall Blvd Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with diis 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 EAGLE-ELSNER,INC. Attn: Mike McCarthy Attn: Jacob Eagle Address: 13125 SW Hall Blvd Address: PO Box 23294 Tigard, Oregon 97223 Tigard, Oregon 97281 Phone: (503) 718-2462 Phone: (503) 628-1137 Fax: (503) 624-0752 Fax: (503) 628-1138 Email: mikem e 6ti grd-or.gov Email: jake@cagle-elsner.conn 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 un the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 29. Hazardous Materials Contractor shall supply City with a list of any and all hazardous substances used in performance of this Agreement. That list shall identify the location of storage and use of all such hazardous substances and identify the amounts stored and used at each location. Contractor shall provide City with material safety data sheets for all hazardous substances brought onto City property, created on City property or delivered to City pursuant to this Agreement. For the purpose of this section, "hazardous substance" means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any such survey that it may be required to complete because of substances used in the performance of this Agreement. 30. Hazardous Waste If, as a result of performance of this Agreement, Contractor generates any hazardous wastes, Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal and state requirements. Contractors shall provide City with documentation, including all required manifests, demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of hazardous materials. 31. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remail 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 OF TIGARD EAGLE-ELSNER,INC. �a .—Prey Signature Signature Ma+".�aV1/�r��e � �fi�� iia�ag�,✓ � � �,�, � Printed Name&Title Printed Name&Tide/ ,6. �4. � r O'g_ZF �4 Date Date ATTACHMENT G PUBLIC IMPRPOVEMENT CONTRACT-PERFORMANCE BOND CITY OF TIGARD FY 2014-15 Pavement Management Program Pavement Rehabilitation Bond Number. 929583306 Project Name: FY 2014-15 Pavement Management Program Western Surety Company -(Surety#1) Bond Amount No. 1: $1,250,000.00 (Surety#2)* Bond Amount No.2:* $ *f rrsirr�mulfole surede.r Total Penal Sum of Bond: $1,250,000.00 \Cie, Eagle Elsner, Inc. as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby joiady and severally bind ourselves, our respective heirs,executors,administrators,successors,and assigns firnmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Suns of Bond)One Million Two Hundred Fifty Thousand & No/100---($1,250,000.00) (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for thee purpose of allowing a joint action or actions against any or all of ms, and for all other purposed each Surety binds itself, jointly and severally with the Rincipal, for the payment of such sum only as is set forth opposite the name of such Surety),and. WHEREAS, dme Principal has entered into a contract with the City of Tigard, the plan+, specifications,terms, and conditions of which arm 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 a ttached to the contract(all hereafter called"Contracts');and WHEREAS, the Principal has agreed to perfm n the Contract in accordance with the temis, conditions, requirements, plans, and specifications, and alt 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, I1-11-7REFOR-S, THE CONDITION OF '11riIS BOND IS SUCH that if the principal herein shall faithfully and truly observe and comply with the terms of the contract and performs the contract within the time prescribed by the contract, then this obligation is null and void;otherwise it shall remain in full force and effect. If the contractor is declared by City to be in default under the contract, the surety shall promptly remedy the default, perform all of contractor's obligations under the contract in accordance with its tennis and conditions and pay to City all damages that are due under the contract. This obligation jointly and severally binds the contractor and surety and their respected heirs,executors,administrators, and successors. Nonpayment of the bond premium shall not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. This bond is executed for the purpose of complying with ORS 2790 and the Tigard Public Contracting Rules,the provisions of which arc 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 IIAVE CAUST:D THIS INSTRUMENT TO BE EXECUT7-7) AND SEALED BY OUR DULY AUTI ORIZED LFGAL REPRESENTATIVES. Dated this 16th day of June 2014 PRINCIPAL• Eagle Elsner, Inc. By. S' tune rinte N c Attest SURETY: Western Surety Company (Add signohnrr for each rureq if using multiple hands) BY ATI ORNEY-IN-FACT: (PoM%jf-Attornry Iaust aaM"trg each.u"bona) Gloria Bruning Name Signature 1201 SW 12th Ave., #500 Address Portland, OR 97205 City State Lip 503-224-2500 503-224-9830 Phone Fax Page 43 ATTACHMENT H PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND CITY OF TIGARD FY 2014-15 Pavement Managament Program Pavement Rehabilitation Bond Number: 929583306 Project Name: FY 2014-15 Pavement Management Program Western Surety Company (Surety#1) Bond Amount No. 1: S 1,250,000.00 (Surety#2)* Bond Amount No.2:* $ *!f jvring m1,451r.rrarlies 'Total Penal Sum of Bond: $1,250,000.00 We, Eagle Elsner, Inc. as Principal, and the above identified Surcty(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 thcsc presents to pay unto the City of 'ligard, a municipality of the State of Ore�q the sum of (total Penal Sura of Bond)One Million Two Hundred Fifty Thousand S No/100---($1,250,000.00) (Provided, that tvc 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 I6as entered uito a contract with the City of Tigard, the plans, specifications, terms, and conditions of which are contained in above-referenced project solicitation; WHEREAS, the teens and conditions of the contact, together with applicable plans, standard specifications, special provisions,schedule of performance, and schedule of contract pries,arc made a part of this Payment bond by reference,whether or not attached to the coati-act(alt hereafter called"Contract");and WHEREAS, the Principal has agreed to perform the Contract in accordance with the tenns, 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 ainount 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,THT?CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms,conditions, and provisions of the Contract,in aU respects, and shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said Contract and any duly authorized modifications that are made,upon the terms set forth therein,and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties,and shall indemnify and save hanntess the City of Tigard its officers,agents,and employees against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and shalt promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for prosecution of the work provided in the Contract;and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontuactors pursuant to ORS 316.167, and shall permit no lien nor claim to he filed or prosecuted against the City on account of any labor or materials famished; and shall do all things required of Page 44 the Pra icipal by the laws of the State of Oregon, then this obligation shall be void,otherwise,it shall reinain in full force and effect. Nonpayment of the lx)nd prc-mium will not invalidate this bond nor shall the City of Tigard be obligatcd for the payment of any premiurm This bond is given and reccived under the authority of ORS Chapter 279C and Tigard Public Contracting Rules,the provisions of which are incorporated into this bond and made a part hereof IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXEC nT-.D AND SEALEll BY OUR DUI Y AM HORIZED LEGAL RF.PR.ESENI'ATIVES. Dated this 16th day of June 2014 PRINCIPAL: Eagle Eisner, Inc. By: Y 12 z4f'—' s S store C- 104,74 ted r' ted - Title Attest: � � SURETY: Western Surety Company (Add rignatur"for each surrly if usiq mm4le bonds) BY JVITORNEY-IN-FACT: (Pawr�f-Altoraey mast amompany wcb swri bond) Gloria Bruning Name Signature 1201 SW 12th Ave., #500 Address Portland, OR 97205 City State Zip 503-224-2500 503-224-9830 Phone Fax Nage 45 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Philip O Forker, Ray M Paiement,John D Klump, Gene M Dietzman, James P Dooney, Vicki Mather, Gloria Bruning, Richard W Kowalski, Brent Olson, J Patrick Dooney, Karen A Pierce,Joel Dietzman, Christopher A Reburn, Tami Jones, Individually of Portland,OR,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of September,2013. WESTERN SURETY COMPANY S.REry3 WE P0q •O S .W; 01 aul T.Bruflat,Vice President State of South Dakota l Jj County of Minnehaha ss On this 16th day of September,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires r d.11OHR { i SEAL NOTARY PUBLIC SEAL June 23,20I5 J SOUTH DAKOTA J.Mohr,Notary Public CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation %on the reverse hereof• till in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7 f day of U d r w _. �„ "su"Er' WESTERN SURETY COMPANY AWP�QPORq�.:Q Wt = CY 27,1, /TfV J spa Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity.of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ATTACHMENT I SUPPLEMENTARY GENERAL CONDITIONS CITY OF TIGARD FY 2014-15 Pavement Management Program Pavement Rehabilitation 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: o Contract Change Orders; ® Special Provisions; ® Agency-prepared drawings specifically applicable to the Project and beating the Project tide; • Reviewed and accepted,stamped Working Drawings; v Standard Drawings; o Approved Unstamped Working Drawings; ® Supplemental Specifications; o Standard Specifications;and o 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 in bullet item 7. Section 00160.10 Ordering, Producing and Furnishing Materials --Delete the last two sentences in the opening paragraph. Section 160.10(b)Approval of Quantity of Materials Ordered--Delete the sentence,"Therefore, the Contractor is cautioned to order or produce Materials only after having received the approval of the Engineer. " Delete the sentence,"Excess Materials,ordered or produced by the Contractor,without approval of the Engineer,may be purchased by the Agency at the sole discretion of the Agency. (see 00195.80)" Section 165.03 Testing by Agency--Delete the words "its central laboratory, field laboratories,or other" from the first sentence. Section 170.10(d) Agency's Payment of the Contractor's Prompt Payment Obligations --change the word "ODOT" to"Agency". Section 170.70,Insurance -- Delete entire section. Page 46 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 shallcomply 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(e) 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 Das' 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. Page 47 ATTACHMENT J SPECIAL PROVISIONS CITY OF TIGARD FY 2014-15 Pavement Management Program Pavement Rehabilitation The Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer. Gabriel E. Crop elm 70713 Cg89lEL E.��'�� RENEWS 12-31-15 WORD TO BE DONE The Work to be done under this Contract consists of constructing pavement improvements and associated preparation and finish work on the streets shown on plans entitled: FY 2014-15 Pavement Management Program Pavement Rehabilitation APPLICABLE SPECIFICATIONS The Specification that is applicable to the Work on this Project is the 2008 edition of the "Oregon Standard Specifications for Construction". All work shall be in accordance with these specifications except where specifically modified in this document and on the plans. For this project,when the specification says `Agency' it may typically be understood to mean `City'in project-specific cases,but may refer to the Oregon Department of Transportation,especially in cases of standards and testing. .All number references in these Special Provisions shall be understood to refer to the sections and subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and to sections and subsections contained in these Special Provisions in their entirety. Section 00120—Bidding Requirements and Procedures Note that this section has been modified earlier in these bid documents Section 00130—Award and Execution of Contract Note that this section has been modified earlier in these bid documents SEC'T'ION 00140-SCOPE OF WORK 00140.30 Agency-Required Changes in the Work—Add the following: The City may add work,up to 25%of the total project value without changes in unit prices except for specific items where the addition significantly changes the character of the work. Paee 49 The City may delete streets from this project and/or reduce the length of work along streets up to 25% of the total project value without changes in unit prices. The City's anticipated budget for this project is $1,250,000. The City may add or delete streets or sections of streets to meet this budget without changes in unit prices except for specific items where the addition significantly changes the character of the work. SECTION 00150 —CONTROL OF WORD Comply with Section 00150 of the Standard Specifications modified as follows: Add the following: A project superintendent (whose contact information has been provided to the city) shall be physically present at the work site at all times that work is being performed. This superintendent shall have a full set of project plans and specifications with them on the jobsite. This superintendent shall be sufficiently free of other tasks to effectively manage the project,including being available to communicate with city project staff at all times. 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 coni-nit or permit any act to be committed which will interfere with the performance of work by any other agency/contractor. 00150.50 Cooperation with Utilities —Add the following: The Contractor shall notif,all utility agencies which may be affected by the construction operation at least 48 hours in advance when their services will be affected by the work. The following inforrnation is included for the Contractor's convenience: Utility Notification Center 503-246-6699 800-332-2344 Utilit v Agency, Contact Phone Water City of Tigard Sam Morrison 503-718-2600 24-hour 503-639-1554 Sanitary Sewer City of Tigard Rob Block 503-718-2607 Storm Sewer City of Tigard Rob Block 503-718-2607 Power PGE 24-hour 503-464-7777 Damage&Repair 503-736-5662 Tiffany Ritchey 503-764-6935 Carl Krutka 503-849-6746 Cable Comcast Ivan Chandler 503-849-4738 Ken Parris 503-969-8662 Damage&Repair 503-617-1212 Telephone Frontier 24-hour 1-877-462-8188 Andrew Mulick 503-526-3544 Gas NW Natural Bob Keller 503-816-0299 Damage&Repair 503-226-4211 Street prep shall include replacing and installing survey monument boxes as specified in plans. Those requiring adjustment can be done during the overlay process. Page 49 It is the contractor's responsibility to adjust utility structures and maintain adequate access to those utilities (in the judgment of the engineer) regardless of cooperation (or lack thereof) from affected utilities. SECTION 00165—QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications, modified as follows: 00165.04 Cost of Testing—Delete the first paragraph SECTION 00170—LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the Standard Specifications modified as follows: 00170.80(a) Responsibility for Damage in General —The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been completed and accepted by the Cite. The Contractor shall provide adequate protection for property, trees, landscaping, and other items adjacent to the work area. Existing trees,property, shrubs, plants,or other items that are not to be removed but are injured or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense. Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work,except as otherwise provided in this Section. SECTION 00180 — PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications modified as follows: 00180.41 Project Work Schedules —Add the following: The contractor shall provide a work schedule acceptable to the engineer a minimum of 7 days in advance of any lane closures indicating the date work is planned for each street. Should rescheduling become necessary, no work shall be done until the City approves the revised schedule and residents are provided notice with adequate time (normally 24 hours) before the work commences. Prior to performing each specific work task, the contractor is required to inform the city inspector(s) specifically what tasks will be performed and precisely when and where those tasks will be performed. Work performed without providing advance notice to city inspectors may be rejected for failure to provide advance notice,even if no other reason is documented for such rejection. Add the following subsection: 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 August 15,2014. All punch list items and cleanup must be complete by August 31, 2014. Page 50 00180.85(b) Liquidated Damages —Add the following paragraph: The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $700 per Calendar Day. SECTION 00195—PAYMENT Comply with Section 00195 of the Standard Specifications modified as follows: 00195.10 Payment for Changes in Materials Costs—This section is not used on this project. SECTION 00210—MOBILIZATION Comply with section 00210 of the Standard Specifications modified as follows: 00210.90 Payment—Delete tlris subsection and replace with "No separate payment will be made for mobilization." SECTION 00220—ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.02 Public Safety and Mobility—Replace the bullet that begins,"When included in the..."with the following bullet: e Use portable changeable message signs (PCMS) according to Section 00225. Replace the bullet that begins,'Tor all sidewalk or..."with the following bullet and sub-bullets: o For all sidewalk or sidewalk ramp closures, install signs and other TCD as shown on the plans. Mount signs between the panels of a Type II barricade and place barricades facing pedestrian traffic. ® Close the sidewalk at a point where there is an alternate way to proceed, or provide signing and other TCD to indicate an alternate pedestrian route. Place closure signing at the closure point in the middle of the existing pedestrian facility facing pedestrian traffic. ® Provide additional TCM and an alternate pedestrian route that, as nearly as is practical, matches existing facility features and meets the accessibility requirements in Part 6 of the MUTCD and the requirements of the Americans with Disabilities Act(ADA). e Pave the alternate pedestrian route surface or provide an approved, non-slip 60 inch minimum wide surface meetuig the requirements of the ADA. o Where a 60 inch rninimum width along the entire alternate pedestrian route is not possible, provide 60 by 60 inch passing spaces every 200 feet along the route. ® Protect pedestrians and delineate the alternate pedestrian route by placing pedestrian channelizing devices (PCD), or other approved devices, between the alternate pedestrian route and the work area. Keep PCD in place, except as required for actual work, until the existing pedestrian facility is reopened. ® Reopen the existing pedestrian facility during non-work hours or continue to provide an alternate pedestrian route. Replace the bulleted item that begins "Do not stop or hold vehicles...."with the following Page 51 Do not stop or hold vehicles for more than 5 minutes. Replace the bulleted item that begins Do not block driveways'with the following: Do not block driveways, intersections or approaches without the approval of the Engineer. Provide reasonable access, such as temporary ramps, to driveways,intersections or approaches at no expense to the City. Replace the bullet that begins, "Do not perform work..." with the following bullet: ® Do not perform work that restricts traffic access to and from both sides of the traveled way at the same time. Add the following bullets to the end of the bullet list: 0 Do not place work zone signs or sign supports that will block existing walkways or existing bikeways, except at the closure point of a walkway or bikeway. Add the following: All streets shall remain open to traffic throughout construction. The contractor must obtain the engineer's approval of a traffic control and signage plan for each street on which traffic will be disrupted at least 7 days before work on that street begins, shall implement the plan before occupying any portion of the street, and shall maintain traffic control in accordance with that plan, or as otherwise directed by the engineer, for the duration of the work. The amount of time that a roadway is left unstriped or with temporary striping must be minimized. Permanent striping must be replaced on the roadway as soon as feasible; a maximum of 14 calendar days after construction activity removes or covers roadway striping. The amount of time that a roadway is left with a rough surface from pavement grinding must be minimized. Pavement overlays must be constructed as soon as feasible; a maximum of 48 hours after pavement grinding. Do not place work zone signs or supports that will block existing walkways or existing bikeways unless otherwise approved by the engineer. The engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any time if,in their judgment, such action is necessary to reduce excessive delays and/or protect public safety. 00220.03 Work Zone Notifications —Add the following: The contractor shall provide site-specific temporary signage, with sign appearance and installation as approved by the engineer, on each street on which the contractor will be working to notify residents and street users of the specific schedule for work on that street. Signs shall be placed a minimum of 7 days before any work affecting use of the street. Notify emergency set-vices and organizations listed below 10 calendar days in advance of street closures. The following information is provided for the contractor's convenience: Page 52 ® Emergency Services 911 o City of Tigard Police Department(Non-Emergency) 503-629-0111 o Tualatin Valley Fire &Rescue (Jerry Renfro) 503-612-7000 ® United States Post Office (Non-Emergency Services) 503-968-0753 or 503-968-2991 o United States Post Office (Emergency Services) 866-261-6412 ® Tigard-Tualatin School District (Jean Devenport) 503-431-4046 ® First Student 503-431-2345 ® Tri-Met—Road Operations 503-962-8117 ® Pride Disposal (Lottie Schmidt) 503-625-6177 Ext 129 00220.40(e) Lane Restrictions —Replace the paragraph that begins "Do not close any..."with the following: Typical allowable work hours for this project will be from 7:30am to 7:00pm,with exceptions including the following: Lane closures (such as flagging two-way traffic through one available lane) shall not be implemented before 8:OOam. Work involving lane closures on Landmark Lane and Tech Center Drive is to be done at night. Lane closures on these streets will only be permitted between 8:OOpm and 6:OOam. Each street may be closed to through traffic for up to two days total while paving and grind/inlay is in progress. Local access must be maintained to all properties throughout construction. The contractor must obtain approval from the Oregon Department of Transportation to occupy any portion of the right-of-way of State Highways— such as Pacific Hwy 99W, Hall Blvd, and ramps to or from Interstate 5. The contractor must obtain city approval of a traffic control, signage, and detour plan for each street at least 7 days before the closure begins. Weekend work is not permitted unless specifically authorized by the Engineer. 00220.60(a-1) Contractor Responsibility- Replace the bullet that begins, "Keep roads, streets, bikeways..." with the following bullet: ® Keep surfaces being used by public traffic free of all dirt, mud,gravel,materials, or other debris. SECTION 00225—WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications modified as follows: 00225.02 General Requirements -Replace this subsection, except for the subsection number and title, with the following: Page 53 Provide and maintain all TCM. The Engineer may verbally or in writing require immediate changes to the TCM being used on the Project. Immediately make these changes, as directed. Submit all proposed TCM revisions to the Engineer for approval. Do not start work on any stage of construction until the TCP has been reviewed and accepted and all TCM are in place and the TCP is operating satisfactorily. During construction, determine if TCM,in addition to those in place, are required and immediately notify the Engineer. Immediately make changes as approved or directed,but do not place or remove devices without prior approval. Work may be suspended as specified in 00180.70 or the TCM may be performed by the Agency if the Contractor fails to correct an unsafe condition. Costs for work performed by the Agency will be deducted from monies due the Contractor. When paving operations create an abrupt edge, protect traffic by installing signing according the "2-Lane, 2-Way Roadway Overlay Area" detail shown on the standard drawings. Protect transverse pavement joints according to 00745.62. When a cold planed pavement surface is used by traffic,install a'Type "04" "BUMP" (W8-1-48) sign approximately 100 feet in advance of the transverse paving edge. Face signs toward incoming traffic and install them before opening the cold planed surface area to public traffic. Protect exposed transverse and longitudinal cold planed pavement edges according to 00620.40. During flagging operations,monitor the length of traffic queues and when extended traffic queues develop, protect traffic by providing advance flagger(s) and additional signing according to the "Extended Traffic Queues for Advance Flagging" detail shown on the standard drawings. Add the following subsection: 00225.25 Safety Apparel -Workers, except flaggers,working within highway right-of-way and exposed to traffic or construction equipment shall wear high-visibility safety apparel that meets the Performance Class requirements of the most current version of ANSI/ISEA 107, "American National Standard for High Visibility Safety Apparel and Headwear Devices". Wear safety apparel that at least meets the following rninimum requirements: Daytime: Class 2 upper body garment Nighttime: One of the following: o Class 3 upper body garment o Class 2 upper body garment and Class E trousers or gaiters ® ANSI Class 2 or 3 fluorescent orange-red, fluorescent yellow-green or a combination of the two of these colors for the apparel background material color ® Fluorescent yellow-green,orange,yellow, or bright white hardhat or baseball-style cap. Wear hardhats when there is danger of falling or flying objects or electrical shock or burns ® Wearing high-visibility safety apparel that exceeds the minimum class requirements is allowed. 00225.27(a) Flagger Equipment-Replace this subsection, except for the subsection number and title, with the following: Equip flaggers as follows: Page 54 For daytime and nighttime flagging operations,wear high-visibility safety apparel that meets the Performance Class requirements of the most current version of ANSI/ISEA 107, "American National Standard for High Visibility Safety Apparel and Headwear Devices". Wear safety apparel that at least meets one of the following minimum requirements: ® Class 3 upper body garment 0 Class 2 upper body garment and Class E trouser or gaiters ® Safety apparel with background material colors according to 00225.25. o A hardhat or baseball-style cap according to 00225.25. a A minimum 18 inch x 18 inch "STOP/SLOW" paddle made of rigid substrate and fabricated using type "R1"/"04" sheeting, or a flagger STOP/SLOW paddle from the QPL. A 24 inch x 24 inch STOP/SLOW paddle is recommended for higher speed situations or where more visibility is desired. © Portable, self-contained two-way radio and repeaters, as required,with a range suitable for communications throughout the Project Site. 00225.27(b) Flagger Station Lighting-Replace the bullet that begins "Provide flagger illumination..." with the following bullet: Provide sufficient flagger illumination to completely illuminate the flagger during flagging operations. 00225.28 Traffic Control Supervisor- Replace this subsection, except for the subsection number and title,with the following: Equip Traffic Control Supervisor (TCS) as follows: ® Safety apparel according to 00225.25. ® Portable, self-contained two-way radio with a range suitable for the Project Site,when necessary. © Cellular telephone active at all tunes. a A vehicle that is equipped with a roof or post mounted rotating amber light or strobe light that is visible for 360 degrees. 00225.32 Traffic Control Supervisor-Replace this subsection, except for the subsection number and tide,with the following: When the bid schedule does not include an item for a TCS, appoint a trained person on the Project Site during working hours and on call at all other times who: o Meets the requirements of 00225.31. © Inspects and maintains TCD location, operation, quality, cleanliness, and effectiveness. ® Is equipped with a cellular telephone. ® Is equipped with a two-way radio,when necessary. ® Has the authority to assign and control flagging operations. e Has filed their name and phone number with the Engineer and local police. a Notifies the Engineer of any corrective measures made to the TCP if the TCP is not functioning as required, or to accommodate site conditions. Maintain the original intent of the TCP and do not implement changes to the TCP before revisions are approved by the Engineer. PajZe 55 When the bid schedule includes an item for a TCS, provide a TCS who meets the requirements of 00225.31. The TCS shall possess a current ODOT"Oregon Certified Traffic Control Supervisor" card. A TCS with a current card from another State Department of Transportation or from the American Traffic Safety Services Association may obtain an Oregon Certified TCS card upon successful completion of ODOT's Recertification Class. Before beginning work on the Project, the TCS shall: ® File with the Engineer and local police, their name and a telephone number at which the TCS can be contacted at all times. ® Have the documents listed in 00225.01 and applicable standards and specifications available at all times. The TCS duties include the following: a Supervise work zone traffic control measures, operations, activities, and conditions, including lane closures, lane or traffic shifts, detours, flagging operations, rolling slowdowns, and temporary traffic signal work. ® Oversee all applicable requirements of the Contract to ensure the convenience, safety and orderly movement of motor vehicle, bicycle, and pedestrian traffic. © Attend meetings specifically scheduled to discuss the TCP and TCM. ® Discuss proposed TCM and coordinate implementation of the TCP with the Contractor and the Engineer. o Make revisions to the TCP according to the following: ® Make temporary revisions to the TCP in the event of an emergency and immediately follow-up with and report any changes to the Engineer. a Notify the Engineer before making any revisions to the TCP and indicate why revisions are necessary. o The TCS may make minor revisions to the TCP to accommodate site conditions if the original intent of the TCP is maintained and revisions have been approved by the Engineer. ® Submit stamped working drawings that include the revisions according to 00225.05 and 00150.35 if the Contractor is using a modified Agency TCP or not using the Agency TCP. m Coordinate the implementation and operation of all TCM, including those of subcontractors, suppliers, and any adjacent construction or maintenance operation. ® Provide supervision and oversight to maintain all TCM when in operation. © Coordinate the Project's activities (such as ramp, road, or lane closures) with appropriate police, fire control agencies, city or county agencies, medical emergency responders, school districts, Postmaster, and public transit agencies. ® At least once per TCS construction work shift, conduct a TCD inspection according to the following: © Inspect following initial placement or installation of TCD. ® Inspect devices in place for proper location, installation, operation, quality, cleanliness, and effectiveness on public traffic. © Inspect TCD effectiveness in daylight and at night. o Inspect post-mounted signs. • Inspect temporary illumination and flagger station lighting at night,when in place. • Conduct additional TCD inspections for extended periods, as requested. Pajze 56 O Prepare and sign a "Traffic Control Inspection Report" form (Form No. 734-2474). Submit the report to the Engineer no later than the end of the next TCS construction work shift. Do not designate the Project superintendent as the TCS. The TCS shall not act as a flagger or pilot car operator, except in an emergency or to relieve the flagger or pilot car operator for a period of less than 15 minutes. Make arrangements so that the TCS will be available every day, on call at all times, and available upon the Engineer's request at other than normal working hours. In the event of a work zone incident during non-work periods, the TCS shall be capable of reporting to the Project site within 1 hour after being notified. The TCS shall have appropriate personnel, equipment, and material available at all times to expeditiously correct any deficiency in the TCM for the Project. Notify the Engineer of an alternate TCS who can assume the duties of the assigned TCS in the event of that person's inability to perform. Alternate TCS shall be adequately trained and certified according to 00225.31 and 00225.32. Notify the Engineer at least 12 hours before designating the TCS for the following 12-hour period. Make succeeding notifications within 24 hours every time a subsequent TCS is appointed to the Project. 00225.90 Payment— This contract uses Method C — all work zone traffic control is considered incidental and no separate payment Nvill be made. SECTION 00280 EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: 00280.00 Scope—Add the following: This section shall be governed by Clean Water Services. 00280.42(c) Permanent Stabilization—Add the following to the end of this subsection: All vegetated areas disturbed by the Contractor's operations shall be permanently re-seeded, re-planted, and/or repaired to the satisfaction of the inspector. 00280.90 Payment — Delete this subsection and replace with "No separate payment will be made for this work,as it is considered incidental to other work on this project." SECTION 00290 — ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: 00290.32 Noise Control—in first paragraph, change work hours to 7:30 am to 7:00 pm, except for Tech Center Drive and Landmark Lane. SECTION 00305 -CONSTRUCTION SURVEY WORK Section 00305,which is not a Standard Specification,is included for this Project by Special Provision. Description Page 57 00305.00 Scope -Survey staking will be required for curb ramp construction. Provide construction survey work according to the current edition on the date of Advertisement,of the ODOT"Construction Surveying Manual for Contractors". This manual is available on the web at: http://Nv-,vtv.oregon.gov/ODO'T/II\yj1'/GEOA4-'FRONICS/documents shttnl All survey staking information provided by the Agency is shown on the project plans. Additional information or clarification by the Engineer may be available upon request. Measurement 00305.80 Measurement-No measurement of quantities will be made for construction survey work. Payment 00305.90 Payment-The accepted quantities of construction survey work will be paid for at the Contract lump sum amount for the item"Construction Survey Work". Payment will be payment in full for furnishing all material,equipment,labor,and incidentals necessary to complete the work as specified. No separate or additional payment will be made for all temporary protection and direction of traffic measures including flaggers and signing necessary for the perfonnance of the construction survey work. No separate or additional payment will be made for preparing surveying documents including but not limited to office time,preparing and checking survey notes,and all other related preparation work. Progress payments will not be in excess of the reasonable value of the surveying work estimated by the Engineer. Costs incurred caused by survey errors will be at the Contractor's expense. These costs include price adjustments for failure to meet requirements of the "Construction Surveying Manual for Contractors",repair or removal and replacement of deficient product,and over-run of material. SECTION 00310-REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section 00310 of the Standard Specifications modified as follows: 00310.41(a) General-Replace this subsection,except for the subsection number and title,with the following Where an abutting structure or part of a structure is to be left in place,make clean,smooth,vertical cuts with a saw or other approved cutting device. Avoid operations that may damage any portion of the remaining structure. Add the following subsection: 00310.45 Excavation of Existing Surfaces—Remove sidewalk and surfacing as shown on the Plans. Sidewalk and surfacing to be removed shall be cut in neat,straight lines with vertical edges along the limits of pavement removal. The cut lines for removal of asphaltic or cement concrete pavement shall be reviewed and approved by the Engineer in the field before cutting. Demolish and remove curbs as directed by the Engineer Page 58 or as shown. Make a vertical saw cut between any existing curb that is to remain and portion that is to be removed. Remove pavement adjacent to the curb as shown on the Plans. 00310.92 Separate Item Basis—Replace the sentence that begins"Item (d) includes..."with the following: Item(d) includes but is not limited to saw cutting,removal of existing asphalt, curbs, sidewalks and other surfacings to the limits and grades necessary to construct new curbs and sidewalk ramps. SECTION 00440- COMMERCIAL GRADE CONCRETE Comply with Section 00440 of the Standard Specifications modified as follows: 00440.10 Materials -In the list of materials,delete the "Aggregates....02690"line. 00440.12 Properties of CGC-Replace the sentence that begins"Furnish a workable..."with the following sentence: Furnish a workable CGC mixture that is uniform in composition and consistency,and unless otherwise shown or specified,has the following characteristics: 00440.13 Field-Mixed Concrete -Replace this subsection,except for the subsection number and title with the following: CGC mixed work items listed in 00440.14(x) may be field mixed conventionally,or by volumetric/mobile mixers conforming to ASTM C 685 When approved,concrete sidewalks,concrete driveways,and other flat concrete surfaces may be field mixed using volumetric/mobile miters conforming to ASTM C 685 00440.14(b) Delivery Tickets -Replace the last sentence with the following: Delivery tickets are not required for field-mixed concrete except when volumetric/mobile miters are used. SECTION 00490 WORK ON EXISTING SEWERS AND STRUCTURES Comply with Section 00490 of the Standard Specifications modified as follows: 00490.46(b-1) Concrete and Masonry Manholes -Add the following to the end of this subsection: All manhole adjustments necessary to match finish grade shall be made prior to final lift paving. 00490.47 Adjusting Catch Basins and Inlets—Add the following: An optional method of raising grates as shown on the plans may be used in lieu of raising d-ie existing frame and grate. Place the new fabricated frame over the existing frame just prior to paving. Weld die new fabricated frame of equal or greater bar thickness and equal or better material quality to the existing frame with welds acceptable to the engineer. Welding must extend at least four inches on at least three sides, and shall cover at least half the perimeter of the catch basin. The modified grate and frame must fully maintain the strength of the existing lid and frame,and must preserve the full functionality of all aspects of the lid, frame,and drainage structure. All welding shall be performed by a Certified Welder. Submit certification for approval. Remove debris that falls into structure. Page 59 The contractor will encounter cases where a utility facility (such as a catch basin) has been adjusted by the utility and cold mix has been placed around the facility. The contractor shall remove and dispose of this cold mix, replace it with HMAC (or WMAC),and hand-compact it in advance of the pavement overlay. This work is considered incidental to the utility adjustment items on the bid schedule. 00490.48 Adjusting Boxes,Cleanout Lids and Similar Structures —Add the following to the end of this subsection: Where shown,boxes to be adjusted shall match finish pavement slop and grade. Multiple survey monuments are present throughout the project areas. The Contractor shall install new boxes where shown,protect existing boxes where shown and protect all monuments from damage. The Contractor shall replace all disturbed monument boxes with new boxes and be responsible for re-establishing any monuments that are disturbed. Cast or ductile iron riser rings may be used for adjusting monument boxes. Replace aluminum lids with cast or ductile iron lids that are fitted to the riser ring. The contractor will encounter cases where a utility facility (such as a valve box) has been adjusted by the utility and cold mix has been placed around the facility. The contractor shall remove and dispose of this cold rnix, replace it with HMAC (or WMAC),and hand-compact it in advance of the pavement overlay. This work is considered incidental to the utility adjustment items on the bid schedule. Water valve access lids shall only be adjusted by raising the top section of the existing 910 can. 00490.90 Payment: Add the following: Item (e) Adjusting Catch Basins consists of raising the frame & grate about 2" to 1/4" below finish grade as directed by the engineer. Add the following pay items: (i) Add Manhole Paving Rings Each �) Replace or Install Monument Boxes Each (k) Adjusting Monument Boxes Each (1) Adjusting Water or Gas Valve Boxes Each Add the following to the end of this subsection: Item (i) includes adding or replacing manhole paving rings as shown. Item (j) includes furnishing and installing a new monument box in the same location as the existing box (or monument) that was removed to complete the work as approved by the Engineer. Coordination with the Engineer's surveyor and protection of existing monuments shall be incidental to other bid items and will not be paid separately under this bid item. Items (k) and 0)includes vertically adjusting existing boxes for only those locations where finish grade is different than existing grade. No separate or additional payment will be made for hand removal of existing asphalt pavement around structures as required to construct or inlay the proposed pavement section where vertical adjustment of the structure is not otherwise needed. Page 60 SECTION 00620—COLD PLANE PAVEMENT REMOVAL 00620.00 Scope—Add the following: The plans show preliminary locations of pavement removal and grind/inlay areas.The engineer may edit these areas by marking the existing pavement to show the final locations of pavement removal and grind/inlay areas. The depth of edge grind across driveway drops shall be 2"unless directed otherwise by the engineer. Add the following subsection: 00620.44 Cold Planing Operations All edges remaining after cold plane pavement removal shall be vertical to accept the succeeding full depth asphalt lift. Vertical edges left at the edge of the grinding drum are acceptable. Rounded edges where the face of the grinding drum is terminated are not allowed. Rounded edges shall be ground vertical by rotating the grinding machine. Where rounded edges cannot otherwise be ground vertical as part of the cold plane removal operations, saw cut edges according to Section 00310. Cold plane pavement removal shall occur no more than 48 hours in advance of permanent asphalt pavement placement. On 105`h Avenue and 115`h Avenue,cold plane pavement removal shall be completed on the same day as the permanent asphalt pavement wearing course. Small grind and inlay repair areas shown on the plans shall also be completed on the same day. The Contractor shall coordinate the work limits with the Engineer. The Engineer must approve the limits prior to the Contractor beginning the work. Any damage to the existing roadway as a result of traffic running on the existing cold planed pavement in excess of the allowable time frame shall be repaired to the satisfaction of the Engineer at no cost to the Agency. SECTION 00640-AGGREGATE BASE AND SHOULDERS Comply with Section 00640 of the Standard Specifications. SECTION 00730 EMULSIFIED ASPHALT TACK COAT Comply with Section 00730 of the Standard Specifications modified as follows: 00730.42 Preparation of Underlying Surfaces:Add the following: Sweep edges of existing pavement and take other steps as necessary to expose and clean the entire surface prior to applying tack. 00730.44 Applying Tack Coat:Add the following: Apply tack to edges of curb,inlets,and joints of adjacent pavement. 00730.90 Payment:Replace dzis subsection with the following: No separate payment will be made for tack coat. Page 61 SECTION 00745 HOT MIXED ASPHALT CONCRETE (LMAC) Comply with Section 00745 of the Standard Specifications modified as follows: 00745.00 Scope—Add the following paragraphs to the end of this subsection: The Contractor may use warm mix asphalt concrete (W7VIAC) as a substitute for HMAC on all lifts. WAIAC will be subject to all requirements for HIvIAC in Section 00745,except as modified in these special provisions. The term\X/-A/IAC is interchangeable with HMAC throughout this Section. If required in the contact documents,the contractor shall use reinforcing fibers mixed with the HMAC on all lifts. The fiber reinforced HMAC will be subject to all requirements for HMAC in Section 00745,except as modified in these special provisions. 00745.02 Definitions—Add the following definitions to this subsection: Warm Mix Asphalt Concrete (WIVIAC)—An asphalt concrete mix following all requirements of HMAC, except that through use of approved additives or processes,it is mixed,placed, and compacted at lower temperatures. Reinforcing Fibers -An asphalt concrete additive consisting of Polyolefin/Aramid fibers added at tune of mixing and at a rate of 1 pound / ton of mix. Add the following bullet to the Lot Size definition: • A new lot will be established for W1\IAC technology 00745.03 Reclaimed Asphalt Pavement(RAP) Material—In the paragraph that begins "The amount of...", replace the sentence that begins "The amount of..."with the following sentence: The amount of asphalt cement in the RAP shall be established in the mixture design phase according to ODOT TM 319 and the ODOT Contractor Mix Design Guidelines for Asphalt Concrete or other method if approved by the Engineer. Add the following subsection: 00745.04 Reclaimed Asphalt Shingles (RAS) —Reclaimed asphalt shingles (RAS) shall not be used on this project. Add the following subsection: 00754.05 Reinforcing Fibers When specified in the contract,provide fibers conforming to the requirements below. Design JMF widiout the reinforcing fibers. Do not alter the final mix design for the addition of fiber at the asphalt plant. Use the fiber type specified at the rate of 1-pound/ton (0.5 kg/mettic ton) of total mix. Certified reinforcing fiber test data for the fibers to be used on the project shall be submitted at the time of the JMF submittal. Fibers Physical Properties shall be as follows: o Materials in a blend of Polyolefin and aramid a Length: 3/4", (19 mm) ® Form: Fibrillated&Monofilament Fibers Page 62 o Specific Gravity: o Polyolefin 0.91 ® Aramid 1.44 ® Tensile Strength: © Ararid >_ 400,000 p.s.i. © Operating Temperature: © Polyolefin NA (fibers will melt or become plastically deformed during asphalt production) ® Aramid-100°F to 800°F (-73°C to 427°C) o Acid/Alkali Resistance: Inert e Individual unit packaging: o Polyethylene / (C2H4)nH2 ® Melting point of >— 299°F, (148.3°C) 00745.10 Aggregate—In the paragraph that begins "Provide and stockpile...",remove the words"and RAP aggregates". 00745.10(a-5) Fractured Faces—In the sentence that begins "provide crushed aggregate...",replace "AASHTO TP 61"with"AASHTO T 335". 00745.10(b-3) Grading—Replace the tolerance list with the following tolerance list: Separated Sizes 1 1/4"—3/4" 3/4"—No. 4 3/4"—1/2" '/2"—No.4 Percent Passing(by Weight) Sieve Size T T T T 1 1/2" — 1 — — — 1 1/4" ± 5 — — — 1" ± 10 — 1 — 1 — 3/4" ±5 ± 5 ±7 — 1 1/2" _ +8 + 8 + 5 3/8"* — — — — No. 4 ±3 ±8 ± 8 ±8 No. 8 — ±5 ± 5 ± 5 No. 16* — — - — No. 30 ± 1 ±3 ±3 ±3 No. 50* — — — — No 100* — — — — No200 — ± 1.0 ± 1.0 ± 1.0 *Report percent passing sieve when no tolerance is listed 00745.10(e-3) Grading—Replace the tolerance list with the following tolerance list: Separated Sizes No.4—0 No.4—No. 8 No. 8—0 Percent Passing (by Weight) Page 63 Sieve Size T T T 3/8" — 1 — 1 — No. 4 ± 7 ± 10 — 1 No. 8 ± 7 ±7 ± 10 No. 16* — — — No. 30 ± 7 ± 5 ±8 No. 50* — — No. 100* — — No. 200 ±3.0 ±2.0 ±4.0 *Report percent passing sieve when no tolerance is listed 00745.10(c-4) Combination of Fine Aggregate for Testing—Replace this subsection,except for the subsection number and tide,with the following: Blend together fine aggregate produced in t�vo separate sizes at a 1:1 ratio when testing for sand equivalent. 00745.10(e-5) Blend Sand—Replace the paragraph that begins "No natural or uncrushed..."with the following paragraph: No natural or uncrushed blend sand will be allowed in Open Graded HMAC or in Level 4 HMAC. Blend sand is allowed for Levels 1,2,and 3 nuxes. For these mixes,establish the target gradation and produce all material within the following tolerances (T): Replace the paragraph that begins "Detei7iune sieve analysis..."with the following paragraph: Determine sieve analysis according to AASHTO T 27 and AASHTO T 11. Do not use more than 6% natural or uncrushed blend sand,by weight,in the total aggregate. Provide a means of vel*ing and documenting the amount of blend sand added to the aggregate. 00745.11(b)Asphalt Cement Additives—Replace this subsection,except for the subsection number and tide, with the following: Use standard recognized asphalt cement additive products of known value for the intended purpose and approved for use on the basis of laboratory tests. Asphalt cement additives shall have no deleterious effect on the asphalt material and be completely miscible. Do not use silicones as an additive. Add the following asphalt cement additives when required by the JMF: m Anti-stripping asphalt cement additives to prevent stripping or separation of asphalt coatings from aggregates to satisfy the TSR specified in 00745.13. ® Asphalt cement admixtures used to aid in the mixing or use of asphalt mixes or for experimental purposes. When WMAC is used,select one of the W�UAC Technologies and process and additive types listed below or approved by the Engineer: WMAC Technology Process and Additive Supplier Type pp LEA-CO Foaming Process Advanced Concepts Engineering Co. Page 64 Eco-Foam II Foaming Process AESCO/Madsen Redi-Set WMX Chemical Additive Akzo Nobel Surfactants,Inc. CECABASE RT Chemical Additive Arkema Group Aspha-Min (Synthetic Zeolite) Foaming Process Aspha-Min Double Barrel Green System Foaming Process Astec Industries Green Machine Foaming Process Gencor Industries Hgrant Warm Mix System Foaming Process Herman Grant Company Qualitherm Cheirucal Additive Iterchimica Aquablack Warm Mix Asphalt Foaming Process Maxam Equipment Inc. Low Emission Asphalt Chemical Additive McConnaughay Technologies Evotherm Chemical Additive MeadWestvaco Asphalt Innovations Meeker Warm Mix Foaming Process Meeker Equipment Corp. Inc. Advera (Synthetic Zeolite) Foaming Process PQ Corporation Sasobit Organic Additive Sasol Wax Americas,Inc. Shell Thiopave Chemical Additive Shell Accu-Shear Dual Warm-Mix Foaming Process Stainsteel Additive System Tri-Mix Warm Mix Injection Foanung Process Tarmac Inc. Warm Mix Asphalt System Foaming Process Terex Roadbuilding Submit the proposed WMAC technology to be used and a plan for its implementation at the pre-construction conference. Obtain engineer approval before using on project. Comply with the manufacturer's reconunendations for incorporating additives and WMAC technologies into the mix. Comply with manufacturer's reconunendations regarding receiving,storing,and delivering the additives. Add the following subsection: 00745.11(d)Aggregate Treatment—Latex Polymer—A latex polymer aggregate treatment material may be used to treat new crushed aggregates instead of lime if Tensile Strength Ratio test results on the mixture with the latex polymer treatment at the JMF meet the minimum criteria in 00745.13(b). (1) General: a. Provide a system to automatically meter the latex emulsion at the proper rate and apply the emulsion uniformly to the aggregate prior to the addition of the asphalt cement. Follow manufacturer's recommendations to set up,adjust and calibrate the equipment. b. Demonstrate to the Engineer's satisfaction that the required application rate of latex solids is being met. If it is not, take corrective action. Document and notify the Engineer of the corrective action. (2) Material—Use latex polymer emulsion concentrate meeting the following: Minimum Maximum Test Method Solids Percent 65.0 — ASTM D 1417 pH 9.0 11.0 ASTM D 1417 Brookfield Viscosity 500 3000 ASTM D 1417 Page 65 Spindle 3,20 RPM,cPs Provide a quality compliance certificate for the polymer latex emulsion concentrate to the Engineer according to 00165.35. (3) Application Rate — Apply the latex emulsion to achieve a minimum of 0.75 pounds of latex solids per ton of new aggregate (0.0375%) for dense graded mixtures and a minimum of 0.50 pounds of latex solids per ton of aggregate (0.025%) for open-graded mixtures. Iigher application rates may be required to meet minimum TSR limits. Determine application rate during mix design testing. (4) Treatment During HMAC Production: a. Adjust aggregate moisture content to meet manufacturer's recommendation for emulsion application. Apply the latex emulsion at the minimum rate specified above or at a higher rate if TSR testing indicates a higher rate is required. b. Apply the latex emulsion to the aggregate just prior to entry into dryer drum. Mix aggregate with the emulsion in a pugmill or in the dryer drum prior to application of asphalt cement. Heat aggregates to at least 250 °F after treatment and prior to addition of asphalt cement. 00745.13 Job Mix Formula UMF) Requirements—Add the following paragraphs and bullets after the paragraph that begins "Provide a range of proposed...": A separate JMF\vill be issued for WMAC. Do not use recycled asphalt shingles. When NVMAC is used,provide the following information in addition to the requirements listed for HMAC: ® WMAC technology and WMAC additives information. © WIVIAC technology manufacturer's established recommendations of usage. o WMAC technology manufacturer's established target rate for water and additives, the acceptable variation for production, and documentation showing the impact of excessive production variation. o NUMAC technology material safety data sheets if applicable. ® Temperature range for mixing. o Temperature range for compacting. a Except for foaming technology, asphalt binder performance grade test data of the asphalt binder and chemical additive at the manufacturer's recommended dosage rate. © Except for foaming technology, WMAC mixture performance test results according to 00745.13(C). Perform testing for foaming technology on the production mix on specimens compacted at WIVIAC compaction temperatures. 00745.14 Tolerances and Limits—Replace the tolerance list with the following tolerance list: Gradation Dense-Graded HMAC Type Open-Graded HMAC TYPE Constituen 3/4" 1/2„ 3/8» 314)7 '/z" ATPB 1 '/z" JMF± 5%* 1" 90-100% JMF± 5%* 99-100% 99-100% 3/4" JMF± 5% 90-100% JMF± 5%* 85-96% 99-100% 85-95% '/z" JMF± 5% JMF± 5% 90-100% JMF± 5%* 55-71% 90-98% 35-68% 3/8"** - - - 90-100% - - - Page 66 No.4 JMF± 5% JMF± 5% JMF± 5% JMF± 5% JMF± 5% JMF+ 5% JMF± 5% No. 8 JMF±49/o JMF±4% JMF± 4% JMF±4% JMF±4% JMF+4% JMF± 4% No. 16** No. 30 JMF±4% JMF±4% JMF± 4% JMF± 4% JMF± 49/o JMF+4% No. 50** — — — — — —No. 100** — — — — — — — No. 200 JMF± 2.0% JMF±2.0% JMF± 2.0% JMF± 2.0% JMF± 2.0% JMF± 2.0% JMF± 2.0% * Maximum not to exceed 100% ** Report percent passing sieve when no tolerance is listed Under the"Constituent of Mixture/HMAC All Types"list,add the following after"RAP Content...": RAS Content—ODOT TM 321 JMF± 1.0% RAP/RAS Content—ODOT TM 321 JMF ± 2.0% Add the following sentence to the of the paragraph that begins "When a JMF... Full tolerance will be given for RAS or combined RAP and RAS content even if it exceeds the limits established in 00745.04. In the paragraph that begins "Take corrective action...",replace the words,"RAP content",in two places with the words"RAP,RAS,or combined RAP and RAS content"in both places. 00745.16(a-1) Personnel Requirements—Add the following bullets to the end of the bullet list: * Providing at least one CAT-1 full-tithe at each plant site when producing mixture for the Project. * Providing at least one fiber reinforcing product representative at each plant site when producing mixture for the Project unless plant submits a minimum of three examples of prior use of aranlld/polyolefin blend fibers. 00745.16(a-4)Testing Frequency—Delete the paragraph that begins "After the Mix Design...". Add the following subsection: 00745.16(a-5) Plant Calibration—Calibrate all meters and belt scales at the HMAC mixing plant according to ODOT TM 322 prior to beginning production. 00745.16(b-1) MDV Quality Control—Replace dais subsection with the following subsection: (1) MDV Quality Control: a. General — Before beginning production and placement of WMAC, perform MDV tests on the HMAC as required at start-up according to 00745.16(b-1-c). Two consecutive running averages of four MDV test results from testing of HMAC shall be within the limits of 00745.16(b-1-a). Perform MDV testing on projects with Level 2, Level 3, or Level 4 dense graded HJ\4AC. Perform MDV tests on every sublot and as required at start up according to 00745.16(b-1-c) and the MFTP. Perform gradation and asphalt content testing with each MDV test. Calculate the following values for each MDV test. Page 67 • Air Voids • Voids in Mineral Aggregate (VMA) • Voids Filled with Asphalt(VFA) • P No. 200/Effective AC (Pbe) Ratio The running averages of four MDV results shall be within the limits given below: Average of Lirnit Air Voids 4 samples JMF Target± 1.0% VMA 4 samples 11.5— 17.0 (1" Mix) .12.5-17.0 (3/4"Mix) 13.5-17.0 (1/2"Mix) 14.5-17.0 (3/8"Mix) VFA 4 samples 65—75 (3/4" and 1/2"Mix in Level 2,3 and 4) 65-78 (3/8"Mix in Level 2,3 and 4) 70-80 (1/2"and 3/8" Mix in Level 1) Passing No. 200/Pbe 4 samples 0.8- 1.6 The CDT shall provide the results from the initial control strip to the CAT II for evaluation and comparison with the MDV results. If the MDV and density test results are contradictory,initiate an investigation. The CAT II shall recommend a plan to the Engineer for resolving the discrepancy based on the results of the investigation. Take corrective action when required by the MDV start-up process of 00745.16(b-1-c). After the requirements of 00745.16(b-1-c) have been met, take corrective action if the 1\/IDV test results show that two consecutive running average of four samples are outside the above limits for air voids, V1VIA, VFA, or P No. 200/Pbe ratio. Document the corrective action and notify the Engineer. If test results continue to be outside the tolerance, stop production and make adjustments. Restart production only after the Engineer has approved the proposed adjustments. If the 1\2DV test results are outside tolerance, but the mixture meets the current requirements for gradation and asphalt content, an adjustment to the JMF targets is required. Do not start a new lot as a result of the adjustment. A request for an adjustment to the JMF targets may be made to the Engineer by the Contractor's CAT-II. The requested change will be reviewed and documented by the Engineer. If acceptable, a revised JMF will be allowed. Clearly document the sublot test for which the adjusted targets are in effect. Adjustments for gradation shall not exceed the tolerances specified for the original JMF limits. Adjustments for AC content shall be within 0.5% of the original JMF. The JMF asphalt content may only be reduced if the production VMA meets or exceeds the above requirements. Adjustments for RAP or RAP/RAS combination shall be within 5% of the original JMF blend percentage, but shall not exceed the requirements of 00745.03 or 00745.04. Adjusting proportions of the combined RAP and RAS will not be allowed during production of the mixture. Adjustments for RAS content shall be within 1% of the original JMF, but shall not exceed the requirements of 00745.04. Regardless of these tolerances, the adjusted JMF shall be within the mixture specification control points of 00745.12. If a redesign of the mixture becomes necessary, submit a new JMF according to the requirements of these specifications. Page 68 Perform a Tensile Strength Ratio (TSR) test (AASHTO T 283) on a sample obtained during the first two days of production after QC test results verify that HMAC constituents with a weighting factor greater than one according to 00745.95 are in tolerance. Provide test results to the Engineer within four working days of obtaining the sample. Stop production and make adjustments if the TSR is less than 70. Restart production only after the Engineer has approved the proposed adjustments. b. Laboratory Compactor Selection — Use a Gyratory compactor for MDV when a Gyratory compactor is used to develop the JMF. For all other cases, use a Gyratory compactor or Marshall compactor,as selected by the Contractor. c. MDV Requirements at Start-Up—Perform MDV testing at the start-up of the JMF production according to the following process: 1. Obtain a sample during the first 100 tons of production and immediately perform NIDV testing. 2. If air voids and VMA are within tolerance, then continue remaining MDV testing at the established random QC sublot interval. If not, then go to step "3". 3. If air voids and/or N7MA are out of tolerance according to 00745.16(b-1-a), then make adjustments and immediately obtain another sample and perforin MDV testing. Go to step "4". 4. If air voids and VNIA from the MDV testing in step "3" are within tolerance, then continue remaining MDV testing at the established random QC sublot interval. If not,go to step "5". 5. If air voids from step "3" are more than ± 1.5% from the target, then stop production immediately and make adjustments. If they are not, then go to step 'W'. Obtain approval of the Engineer before restarting production. Begin MDV testing again at step "1". 6. If air voids from step "3" are out of tolerance and 1.5% or less from the target, or the VMA from step "3" is out of tolerance, then make adjustments and immediately obtain another sample and perform MDV testing. Go to step "4". The initial MDV sample shall be used as the first random QC sublot test. Subsequent MDV samples required due to failure of start-up criteria will be used for a sublot QC test if the sample is taken within 100 tons of the scheduled random QC sample location. If not, the MDV testing shall be performed separate from, and not included in, the random QC testing program. Any required MDV testing will be completed at the Contractor's expense. Add the following subsection: 00745.16(b-4) MDV for WMAC—Perform 1vIDV testing on\V\4AC according to 00745.16(b-1-a). Continued production and placement of NVMAC will be allowed at the discretion of the Engineer. 00745.21 HMAC Mixing Plant—Add the following to the end of this subsection: (g) WMAC Mixing Production — Modify the asphalt mixing plant as required by the manufacturer to introduce the VTA4AC technology. Plant modifications may include additional plant instrumentation, the installation of asphalt binder foaming systems and W'MAC additive delivery systems, tuning the plant burner, and adjusting the flights in order to operate at lower production temperatures and reduced tonnage. Document the integration of plant controls and interlocks. Page 69 (h) Addition of Reinforcing Fiber—When a batch plant is used, add the fiber to the aggregate in the weigh hopper and increase both dry and wet mixing times. Ensure that the fiber is uniformly distributed before the injection of asphalt cement into the mixture. Add fiber manually or through specialized equipment that can accurately proportion and meter, by weight (mass), the proper amount per batch for batch plants. Do not feed fiber through cold feed bins. Provide pre-weighed one (1) pound bags of fiber through metering devices that record the addition of fibers in the plant system and controlled to ±10% of the mass (weight) of the fibers required. Perform an equipment calibration to the satisfaction of the Representative to show that the fiber is being accurately metered and uniformly distributed into the mix. Include the following in the fiber supply system: o Print out of each fiber bag with date and time stamp. ® Make available for download to an Excel spread sheet document When a drum plant is used, do not allow the fibers to become entangled in the exhaust system. If there is any evidence of clumps of fibers at the discharge chute, increase the mixing time and/or intensity or change the angle of the fiber feeder line to increase dry mixing time. Add fiber either manually by placing 1 pound bags on the RAP belt or through specialized equipment that can feed continuously and in a steady uniform manner for drum plants. Provide proportioning devices that are linked with the plant system and controlled to ±10% of the mass (weight) of the fibers required. Perfoi n an equipment calibration to the satisfaction of the Representative to show that the fiber is being accurately metered and uniformly distributed into the mix (visual inspection). Include the following on the fiber supply system: ® Low level indicators o No-flow indicators a A printout of feed rate status in pounds/ minute ® A section of transparent pipe in the fiber supply line for observing consistency of flow or feed. o Have a Manufacturer's representative approve all fiber addition systems. 00745.24(a) Steel-Wheeled Rollers—Replace this subsection with the following subsection: (a) Steel-Wheeled Rollers — Provide steel-wheeled rollers with a minimum gross static weight as follows: Level 1 and Level 2 Level 3 Level 4 Breakdown and Intermediate 8 ton 10 ton 12 ton Finish 6 ton 8 ton 10 ton 00745.40 Season and Temperature Limitations - In the table, for Surface Temperature of Dense Graded Mixes 2 inches to 2 '/z inches,replace"50 F"with 40 F". 00745.43(b) Heating Temperatures—Replace the table with the following: HMAC Temperature, F Page 70 Grading Maximum at mixer Minimum Behind Paver Dense 350 240 Open 350 205 WMAC Temperature, F Grading Minimum Behind Paver Dense 215 00745.42 Preparation of Underlying Surfaces—Add the following to the end of this subsection: All water valves,manholes and catch basins shall be adjusted to finish grade in advance of or during the paving operation. No adjustments shall be made after the paving is completed unless approved by the Engineer prior to paving. Any tree branches or foliage which will hinder the proper placement of the surfacing shall be removed by the Contractor by pruning and sealing the cut ends,or tying back in a manner approved by the Engineer. The Contractor shall be responsible for trees damaged that are not properly pruned or tied back. Coordinate construction of driveway transitions with property owners to minimize disruption of access. 00745.46 Control of Line and Grade—Add the following paragraphs to the end of this subsection: (The Engineer will) Establish references at reasonable intervals for line and grade control of placement operations for the following: ® Before placing each leveling lift. ® Before placing the top base course for new construction. Line and grade for the top base course of new construction and top leveling lift shall be within 1/2 inch of design line and grade. 00745.49(a-1) Temperature—Add the following after the sentence that begins"Complete breakdown...": For WMAC, complete breakdown and intermediate compaction before the WIVIAC temperature drops below 160 F. 00745.49(b-1) General—In the paragraph that begins "Compliance with the density...",replace the sentence that begins "Use the MANED method..."with the following sentence: Use the MANED method of compaction measurement. Replace the paragraph that begins"For Level 3 and Level 4..."with the following two paragraphs: For Level 2,Level 3,and Level 4 mixes,construct a control strip at the beginning of work on each JMF on the project according to ODOT TM 306. The purpose of the control strip is to determine the maximum density that can be achieved for the JMF,paving conditions,and equipment on the project. Additional control strips are necessary when there is a change in compaction equipment or when JMF targets are adjusted according to 00745.16(b-1-a). The Engineer may waive the control strip for irregular areas or areas too small to establish a reasonable roller pattern. Page 71 Stop paving if three consecutive control strips fail to achieve the specified density. Take all actions necessary to resolve compaction problems. Do not resume paving until allowed by the Engineer. 00745.49(b-3) Moving Average Maximum Density (MAMD) Method—Replace the NLA-MD list with the following list: Course of Construction HMAC First HMAC lift less than 3 inches placed on aggregate base 91.0 All other 92.0 00745.49(b-4) Control Strip Method—Delete this subsection. 00745.49(b-5) Test Results—Renumber this subsection to b-4. 00745.62 (3) Excess HMAC—Delete this subsection Add the following subsection: 00745.71 Edge Sealing Seal all feathered edge joints (such as across streets,driveways,and other paved areas)with hot crackseal 6"wide with rubberized asphalt material using the methods,materials,and procedures specified in section 00746. Seal along all edges where new pavement abuts existing pavement or curb using the methods,materials,and procedures specified in section 00746. This includes any cold joints created during construction where the older section was laid more than three hours before the newer section of pavement,and other places where,in the judgment of the engineer,time has lapsed between paving areas to the point where edge sealing is needed. 00745.80 Measurement—The quantities of HMAC (or\VIVIAC) will be measured on the weight basis (including asphalt) and shall only include HMAC (or NVMAC) physically incorporated into the project. 00745.90 Payment—Replace this subsection with the following: 00745.90 Payment—The accepted quantities of HAC incorporated into the project,whether or not recycled materiM als are used,will be paid for at the Contract unit price,per ton, for the item"Level ,HAIAC Mixture, " The following will be inserted in the blanks: • The level(s) of HMAC (1, 2, 3) will be inserted in the first blank • The type(s) of HA4AC (3/4 inch Dense, 1/2 inch Dense, 3/8 inch Dense), will be inserted in the second blank • The type of liquid asphalt and fiber reinforcement will be inserted in the third blank when applicable The accepted quantities of curb sealing will be paid for at the Contract unit price, per linear foot, for the item "Curb Sealing". The accepted quantities of feathered edge sealing will be paid for at the Contract unit price, per linear foot, for the item "6 Inch Wide Feathered Edge Seal". Page 72 Payment will be payment in full for furnishing and placing all materials, and for furnishing all equipment, labor, and incidentals necessary to complete the work as specified. Payment includes furnishing and placing temporary asphalt placed to open the roadway to traffic. No separate or additional payment will be made for the asphalt tack coat or for asphalt cement used in the mixture. 00745.93 Other Items:Add the following items: a Tack coat ® Sand sealing 00745.95 HMAC Price Adjustments—Delete this section. SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES Comply with Section 00749 of the Standard Specifications modified as follows: Add the following subsection: 00749.14 Asphalt Berms - Use `D' mix asphalt concrete (3/8" —0") for asphalt berms 00749.91 Method "A"—Weight and Extras Basis —Add the following pay items: (j) Extra for Asphalt Speed Cushions .............................................Each Add the following to the end of this subsection: Item (j) includes asphalt speed cushions placed as shown. 00749.92 Method "B" —Complete in Place Basis—Add the following pay items: (g) Asphalt Berns.............................................................................Foot Add the following to the end of this subsection: Item (g) includes asphalt berms placed as shown or directed to assist in conveying surface drainage. SECTION 00759- MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES Comply with Section 00759 of the Standard Specifications modified as follows: 00759.00 Scope—Add the following to the end of dzis subsection: Contractor shall be responsible for ensuring curb ramps constructed meet ADA requirements unless otherwise shown. 00759.50(c) Driveways,Walks, and Surfacings—Add the following to the end of this subsection: The Contractor shall plan joint spacing layout prior to concrete placement. The joint pattern of any pour should consider the width of the concrete placement required by the plans. The maximum joint spacing shall Page 73 not exceed the dimensions shown. Finish sidewalks in accordance with the scoring pattern and finish type as detailed. Review joint layout with the Engineer for approval prior to pouring. Broom finish shall not be curved around objects in the concrete, nor shall a broom border be placed around an object in the pavement. The broom finish shall flow through any objects and maintain a consistent pattern through the sidewalk. Joints shall be clean,straight and free from slurry. Where joints intersect, the cross created by the intersecting joints shall be clean and free from slurry. Tool edges around all structures located in the sidewalks and driveways. Provide isolation joint material around structures and seal in accordance with 00585. Add the following subsection: 00759.52 Protection of Concrete—Protect the freshly poured concrete curbs and sidewalk from vandalism or other damage for a minimum of twenty-four(24) hours or until cured enough to support typical use,whichever is longer. Provide security personnel to guard the fresh concrete during this time. The number of personnel onsite shall be as required to protect the complete amount of concrete placed during the previous 24 hours. Any curb or sidewalk damaged by vandalism or other causes shall be replaced at no cost to the Agency. All costs associated with protecting the freshly poured concrete shall be incidental to the sidewalk pay items. 00759.90 Payment—Replace the paragraph that reads "In item (a)"with the following: In item (a), the type of curb will be inserted in the blank,if appropriate. Item includes curbs placed at the back of sidewalk as shown or directed to provide grade correction with the existing ground. Replace the paragraph that reads "Items (e) and (f)"with the following: Items (e) and (0 include sidewalks ramps and truncated domes. Add the following paragraph to the end of this subsection: All costs associated with protecting the freshly poured concrete shall be incidental to the applicable pay item. SECTION 00850—COMMON PROVISIONS FOR PAVEMENT MARKINGS Comply with Section 00850 of the Standard Specifications modified as follows: 00850.20(b) Equipment for Longitudinal Lines —Replace the paragraph that begins "Use equipment capable of..."with the following paragraph and bullets: Provide equipment that can: © Place two parallel lines simultaneously with 4 inch minimum to 12 inch maximum spacing between the two lines. ® Place the entire width of a line in one pass. 00850.43 Prepare and Prime Pavement—Add the following: Install pavement markings within ten calendar days of paving operations. 00850.46 Placement Tolerance—Replace the bullet that begins "Thickness of lines...with the following bullet: Page 74 • Thickness of flat, surface applied lines: + 1/3 of the specified thickness, - 1/10 of the specified thickness 00850.47(e) Retrorefleetivity—Replace the sentence that begins "Use a retroreflectometer..."with the following sentence: Use a 30 meter geometry retroreflectometer to measure the retroreflectivity within 48 hours of curing. 00850.70 Disposal of Waste—Replace this subsection with the following subsection: 00850.70 Disposal of Materials—Dispose of all materials according to 00290.20. SECTION 00851—PAVEMENT MARKING REMOVAL Comply with Section 00851 of the Standard Specifications modified as follows: 00851.80 Measurement—Replace this section to read—No measurement for pavement marking removal will be made. Pavement marking removal is considered incidental to other items. SECTION 00855—PAVEMENT MARKERS Comply with Section 00855 of the Standard Specifications modified as follows: 00855.40(a) General—Add the following: Replace fire hydrant reflectors with one reflective Type I bi-directional blue marker, installed 1 foot from the centerline of pavement toward the fire hydrant. 00855.40(c) Installation—In the paragraph that begins "Do not install...",replace the sentence that begins "Adjust spacing between..."with the following two sentences: To avoid longitudinal cracks and joints,adjust pavement markers up to one half the width of the marker. To avoid transverse cracks and joints,adjust pavement markers ahead or back on line±5 inches. 00855.90 Payment—Add the following: (i) Bi-Directional Blue Type IAR Markers....................................... Each SECTION 00865 —LONGITUDINAL PAVEMENT MARKINGS—DURABLE Comply with Section 00865 of the Standard Specifications modified as follows: 00865.40 General—Add the following: The skid resistance of the pavement marking shall equal or exceed the skid resistance of the adjacent pavement in both wet and dry conditions. 00865.45 Installation-Replace this subsection,except for the subsection number and tide,with the following: Page 75 Place durable markings only when the manufacturer's representative determines that the pavement is ready for the pavement marking material. Apply reflective elements at a rate to obtain the following minimum initial retroreflectivity readings: ® White - 250 mcd/m'/Ix ® Yellow - 200 mcd/m'/lx Apply marking materials by one or more of the following methods: ® Method A:Extruded Markings - Apply markings with an extrusion or ribbon type process and according to the following: a For grooved markings, grind the slot depth as shown. Apply the specified marking material into the slot so the slot is filled from edge to edge as shown. The top of the marking shall be flat or slightly convex. e For profiled markings,place lines and bumps straight and square. 00865.90 Payment=Replace this subsection,except for the subsection number and title,with the following: The accepted quantities of work performed under this Section will be paid for at the Contract unit price,per unit of measurement of the total length of pattern (not individual stripe), for the following items: Pay Item Unit of Measurement Method A (Extruded) (a) Thermoplastic,Extruded .............................................................Foot In item (a),"Surface" or"Grooved"will be inserted in the first blank and "Profiled" or"Non-Profiled"will be inserted in the second blank. Payment N-,U be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary to complete the work as specified. SECTION 00867 —TRANSVERSE PAVEMENT MARKINGS — LEGENDS AND BARS Comply with Section 00867 of the Standard Specifications modified as follows: 00867.45 Installation —Replace the paragraph starting with "Apply one or more..." with the following: Apply Type B-HS: Preformed Fused Thermoplastic Film High Skid on this project. Install preformed fused thermoplastic film high skid, that has intermixed reflective elements with factory installed crushed glass or aggregate on the surface for all crosswalk markings, stop bars, bike lane stencils, legends, turn arrows, and other transverse pavement markings as shown. 00867.90 Payment—Replace this subsection,except for the subsection number and title,with the following The accepted quantities of work performed under this Section will be paid for at the Contract unit price,per unit of measurement, for the following items: Page 76 Pay Item Unit of Measurement (a) Pavement Legend,Type B-HS: Arrows .....................................................Each (b) Pavement Legend,Type B-HS: Bump .....................................................Each (c) Pavement Legend,Type B-HS: Checker.....................................................Each (d) Pavement Bar,Type B-HS .......................................................... Square Foot Item (a) includes single or multiple headed arrows as required. Item(d) includes all transverse pavement markings that are defined as a "BAR",including but not limited to, stop bars,crosswalk bars,chevron bars,transverse median bars,and transverse shoulder bars. Payment will be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary to complete the work as specified. Page 77 ATTACHMENT K OREGON PREVAILING WAGE RATES CITY OF TIGARID May be downloaded from htW://-,v\v�v.oregon.gov/boli/\N4ID/PN``/R/P1ges/p r oregon 2014�si2a. Page 78 ATTACHMENT L STANDARD DETAILS FY 2014-15 PAVEMENT" MANAGEMENT PROGRAM Pavement Rehabilitation CITY OF TIGARD,OREGON The following detail drawings apply to this project and are hereby made a part of the contract documents. 1. All drawings incorporated into or referenced by the: FY 2014-15 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation Dated April 24 2014 Sheets 1 through 67 Page 79