Lyda Excavating, Inc ~ CP16007 i
City of Tigard
CONTRACT CHANGE ORDER/ 13125 S\N hall Blvd.
M Tigard,Oregon 97223
• AMENDMENT SUMMARY NO. ) 3 Phone - 1505` 639 i171
FIELD CHANGE ORDER FORM
Fax- '5113') OSA_-29'
-��ard-or. o4
Project Title: Sidewalk Infill--North Dakota St. and Project IVlanager:Jeff Peck
95th Ave.
Contractor: Lyda I=xcavatin , Inc. Original Contract#: CP16007
Effective Dates:5/3/16 Chane Order/Amendment Amount: 3,760.00
iiAccounting Strin : Amendment Percentage Runnin 'Total:
,AMENDMENT DETAILS
Items identified on this Change order form have been added to Contract Amendment 2. Listed below is Change
Order 4 request.
Contractor dela} resulting in loss of production in the work area by franchise utilitl companies relocatuig assets
and city forces replacing storm system in SW 95`h Avenue. The moved operations to SW 95"' avenue but lost
Production during this time frame. Contractor has requested one day of wages for crew and flaggers. The
I# request is reasonable «6th the small project footprint and the: level of intrusion.
a
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Labor x 5 HR 40 70.00 2,800.00
Flagging x 2 TIR 16 60.00 960.00
3,760.00
REASONING FOR CHANGE ORDER/AMEND MINT
Loss of production resulting from franchise utility companies and city staff working on assets in the small
project footprint when contractor was working.
BUDGET IMPACT AND REQUIRED ACTIONS
A change order-,•ill be processed and payment will be: rendered from the project budget. The contract changes is
within the project budget.
REQUESTING PROJECT MANAGER APPRO% . 'G CITY STAFF
Cl
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance vitt the terns
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for iglaature
the work. The unit pricing in the original contract shall apple- to
all additional work. A copy of this forn, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to /
the encumbrances are met. Remember—the cumulative total Date
of Amendments cannot exceed the project's FY budget.
i
Lyda Excavating, Inc.
P.O. Box 365 Banks, Oregon 97106
Phone: (503) 324-8020 FAX: (503) 324-9519
Oregon: 169420 ESB #5101
April 20, 2016
City of Tigard
Mike McCarthy, PM
13125 SW Hall Blvd.
l Tigard, Oregon 97223
's
{
RE: Sidewalk Iniill—SW 95t" Avenue& SW North Dakota Street
COR 4 a, co . 3 opt. A.wt w-"»ru a-N-r- 2-
This
This is a request for change order. This is for the delays to the project that were caused
by others outside of our control. While it is difficult to quantify the overall lose caused
by these delays it is obvious that there was a loss of production caused by others.
Specifically the relocation of existing utilities (Comcast,TVWD, Frontier, PGE, City of
Tigard). These are reasons for compensation:
1. I made it clear several times to City and Wallis Engineering about the importance
of getting utilities relocated prior to construction. This started back in February
right after the bid was awarded.
2. Appropriate follow-up conversations with these utilities by City/Engineer did
not happen in a timely manner to ensure the relocation of the utilities prior to us
starting the work.
3. City of Tigard was aware of relocation issues. They were also aware of storm
pipe issues at the corner of SW Greenburg and SW North Dakota. Theresa with
Tigard stated that there were issues with the existing storm pipe in the video
inspection report. It would have been very easy with the video information,
pulling the manhole lid, and a little common sense that the pipe wasn't in the
alignment per the plans and that there were obvious issues with the pipe itself.
This repair that the City staff addressed with their own crews took 4 days alone to
rectify.
Based on these reasons I feel we are to be compensated for 1 fiill days worth of wages for
the full crew. I believe this to be a generous offer.
Labor x 5 40 hrs @$70/hr $2,800.00
Flagging x 2 16 hrs @ $60 /hr $ 960.00
J Total Change Order Request 44 $3,760.00
Let me know if you have any questions.
Regards,
i
Cih.of 1 tgard
CONTRACT CHANGE ORDER/ 1312,SW Hall Blvd.
1
AMENDMENT SUMMARY N®. 2 Lag is- (503)Oreg6l 97223
Phcrnc (S03) 639 4171
FIELD CHANGE ORDER FORM Fax-(503)684-7297
j .,�... titi.��i�.rs aid-{n•,ou�
Project Title: Sidewalk Infill—North Dakota 5t. and Project Manager: Jeff Peck
95th Ave.
Contractor:Lyda Excavating, Inc. Original Contract #:CP16007
Effective Dates: 4/21/2016 Chane Order/,amendment_mount: $ 1,290.00
Accowiting Stein :, Amendment Percents c Runnin 'Total:
AmENDMEN'T DETAILS
The prior:design of a sideNvalk approach leading from the new sidewalk SW North Dakora to the:lurumn Oaks
apartment complex was configured as a ramp.The modified design incorporates stairs.
Nev,work under this change order will include placing subbase, placzrlg concrete forms,and pouring the
proposed approach according to the modified design.
L
CHANGE ORDER DETAILS T
t _ NIT QTY UNIT$ TOTAL$
Labor HR 12 70.00 $40.00
Concrete LS 1 350.00 350.00
Miscellaneous Materials LS 1 100.00 100.00
REASONING FOR.CI-FANGS ORDER/AAIENDIVIBNT
The original sidewalk approach (ramp) design would have been graded too steeply for ADA compliance given
the new,as-btrllt spatial coiistriii,ts. The inodificd design provides stairs to connect to all existing parer
pathway into the apartment complex.
BUDGET IRII'Acr AND RLQUIRED ACTIONS
L'
A change order Neill be processed and payn-ienr will be rendered from the proicct budget. No additional actions
are required.
REQUESTING PROJECT MANAGER APPROVING,C STAFF
f
SignatilreLKigiiature
37 /
Date Date
Contractor is hereby authorized by the City of Tigard to perform ' CONTRAC' I2
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable niles, regulations, and laws that may be in effect for
t the work. The unit pricing in the ori apply to original contract shall a� 1 lattlre
1 g g 1•
fall additional work. A copy of this form, once completed, is to
be forwarded to the Purchas6ig Office to ensure all changes roAIX2:he encumbrances are tries. Remember—the cumulative total
of Arnendments cannot exceed the roject's FY budget. Date
i
Ora—
CIT)'OF TIGARD,OREGON
AMENDMENT TO CONTRACT
SIDEWALK INFILL–NORTH DASOTA ST AND 95""i AVE(CP16007)
AMENDMENT#2
The Agreement beM-een the Cite of Tigard, a municipal corporatiozi of the State of Oregon, hereinafter
called City, and Lyda Excavating, Inc., hereinafter referred to as Contractor, entered into on the 8th dal of
March,2016,is hereby amended as follonvs.
8. Compensation
A. Progress Payments: City agrees to pay Contractor GfR- -11+11 lftd-'P.wevi-t-y-= =e 'I'liou
'Gree-Ilttnd -i=i r# -1�tit � +', -1lI(l-} 811ar� One hundred `l,hir", I�ive Thousand four
Hundred Thirty Nine and No/100 ' 01-Ltrs. $129;3tt,-;::;;) '$1355,439.00) for performance of those
services provided hereunder, with an amended annount of Six "Illousand Fifa' and No/100 Dollars
(56,050.00) for extra work, and project delay.
Change Order No. 2-Eliminating Unit
Q-ty Unit Total
steep Ramp & adding concrete stairs
Labor HR 12 70,00 840M
Concrete 1.S 1 .350.00 350.00
1\41scellaneous Materials 1_S 1 1.00.00 100.00
Total: 51,290,00
Chancre Order No. 3- Project Delays
Unit (�yt Unit Total
resulting in loss of production-
(11ccluested 1 day of vva5e compo IS1,16on
for full cr(:\")
l-abor x 5 I lit 40 70.00 2,8(-)0.00
flagging x 2 NR 16 60.00 960.0)0
7 cit-l: X3,760.00
Qilantlty Adjustments Unit Unit S Total
Overage
Under LS 1 2,906.00 2,906.00
LS 1 1,906.00 1,906.00
Reci;ncilMtion "Total: $10C>0.00
IN WJTNESS WHEREOF, City has caused this _Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this_linendment upon sirature and date listed below.
CITY OF TIGARD LYDA EXC TIN ,INC.
Signature ignanue ,
Printed Name Printed Name.
Date
Date.
Lyda Excavating, Inc.
P.O. Box 365 Banks, Oregon 97106
Phone: (503) 324-8020 FAX: (503)324-9519
Oregon: 169420 ESB#5101
April 20, 2016
City of Tigard
Mike McCarthy, PM
13125 SW Hall Blvd.
Tigard, Oregon 97223
r,
RE: Sidewalk Infill—SW 95th Avenue & SW North Dakota Street
COR 3 = Co.2 on1 *2
This is a request for change order. This is for the addition of steps for the sidewalk
approach from the neighboring apartment complex along SW North Dakota Street.
These steps are added to account for grade issues and the existing manhole, site
conditions,etc.
Labor 12 hrs @ $70/hr $ 840.00
Concrete 1 is @$350/is $ 350.00
Miscellaneous Materials 1 is @ $100/is $ 100.00
Total Change Order Request 43 $1,290.00
Let me know if you have any questions.
Regards,
Lyda Excavating, Inc.
3
City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blind.
AMENDMENT SUMMARY Tigard,Oregon 97223
Phone-(503) 639-4171
FIELD CHANGE RDER, FORM Fax- (503) 684-7297
d-or. ov
Project Title: SW North Dakota and SW 95th Project Manager: Mike McCarthy
Sidewalk Infill
Contractor: Lyda Excavating, Inc. Original Contract#: CP16007
Effective Dates: 3/15/16-6/30/16 1 Change Order/Amendment Amount: $6,074.50
Accountin String: 460-8000-56005-95045-140 1 Amendment Percentage Running Total: 4.9%
AMENDMENT DETAILS
The following work will be added to the contract:
1. Construction of a driveway at 11485 and 11465 SW 95th Avenue will be added.
2. At 11485 SW 95th Avenue, a connection between an existing drain pipe and the storm sewer system will be
added.
See Appendix A for detailed information per Amendment Item 1,2)-
CHANGE
.CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Excavation and Haul Off CY 16 60.00 960.00
Aggregate Base 1-1/2"—0") CY 6.5 105.00 682.50
Level 2, 1/2 Inch Dense, MHMAC Mixture TON 19.5 120.00 2,340.00
Flagging HR 16 60.00 960.00
Surveying LS 1 200.00 200.00
4-Inch Drain Pie LF 18 24.00 432.00
Connect to Structure EA 1 500.00 500.00
Total CO #1 $6,074.50
Original Contract Amount $123,314.50
Total Contract with chane orders $129,389.00
REASONING FOR CHANGE ORDER/AMENDMENT
Additional work is justified per item, following from above,as follows:
1. Existing asphalt driveways are within project limits and require replacement.
2. A drain pipe, draining to the ditch where the proposed sidewalk will be placed,was discovered after award
of construction.
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTJNG PROJECT MANAGER APPRO CITY STAFF
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
SIDEWALK INFILL—NORTH DAKOTA ST AND 95TH AVE (CP16007)
AMENDMENT #1
The. Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
4 called City, and Lyda Excavating, Inc., hereinafter referred to as Contractor, entered into on the 8th day of
March,2016,is hereby amended as follows:
8. Compensation
A. Progress Payments: City agrees to pay Contractor One Hundred Twenty Three Thott
Thfee u a d Fourteen afid rn 100_ One 1lnndred Twenty .Nine Thousand Three Hundred
h:ighty-Nine and No/100 Dollars ($123,314.50) V--A7" 'S9.00) for performance of those services
provided hereunder,with an estimated additional amount of Two Thousand Two Hundred Twenty-Five
and 50/100 Dollars ($2,225.50) in additional work yet to be designed.
Change Order Items Unit iy Unit Total
Excavation and Haul Off CY 16 60.00 960.00
Aggregate Base (1-1/2"—0") CY 6.5 105.00 682.50
Level 2, V2 Inch Dense,MHMAC Mixture TON 19.5 120.00 2,340.00
Flagging HR 16 60.00 960.00
Surveying LS 1 200.00 200.00
4-Inch Drain Pipe LF 18 24.00 432.00
Connect to Structure EA 1 500.00 500.00
3 Total: $6,074.50
s
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD LYDA EXCAVATING NC.
Signature Signature
J
MCI �'l o' t�1 I L''�k�
Printed Name Printed Name
3, L3 L2 /
Date Date
i
APPENDIX A: Wallis Engineering Change Order Form Page 1 of 4
Change Order No.: 1
Date: March 15, 2016
i
1
NAME OF PROJECT: Tigard Sidewalk Infill
OWNER: City of Tigard
CONTRACTOR: Lyda Construction
The following changes are hereby made to the Contract:
A. Driveway addition for 11485 and 11465 SW 95th Avenue
B. Drain pipe addition at 11485 SW 95th Ave
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PA13\1388A-Tigard Sidewalk Infill\700 Construction\708 Construction Contract Change Orders\COR1\1 388A C01 Pagel
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Page 2 of 4
Change Order No.: 1
Date: March 15, 2016
JUSTIFICATION
ITEM A ; The City requested reconstruction of the existing asphalt driveways be added to the project.
e
Work:
Work will include removal of the existing driveway section to depths shown on the Plans, construction of
the proposed driveway section and all other work required to reconstruct the driveway within the limits
shown on the proposed plan.
I
Work will be paid for under the following bid items:
Bid Item Quanity Unit Unit Price Total Price
C01 -Al - Excavation and Haul Off 16 CY $60.00 $960.00
C01 -A2-Aggregate Base (1-1/2"-0") 6.5 CY $105.00 $682.50
COI -A3- Level 2, 1/2 Inch Dense, MHMAC Mixture 19.5 TON $120.00 $2,340.00
C01 -A4- Flagging 12 HR $60.00 $720.00
C01 -A5- Surveying 1 LS $200.00 $200.00
� Y 9
Cost:
I The total contract price will be increased by the amount of$4902.50 and paid for under the respective bid
items necessary to perform this work.
Change in Cost to Contract: $4,902.50
Time:
The Contract Time will be extended by two (2)working days as a result of this Change Order.
Change in Working Days to Contract: 2
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P:\13\1388A-Tigard Sidewalk Infill\700 Construction\708 Construction Contract Change Orders\COR1\1388A C01 Page 2
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Page 3 of 4
Change Order No.: 1
Date: March 15, 2016
JUSTIFICATION
ITEM g1. A drain pipe was discovered after award of construction. Additional work is required to connect drain
pipe into storm system,
a
t
t
r
Work:
Work will include connecting new drain pipe to the existing pipe and extending the new pipe to the
proposed drain structure at the slope and dimensions shown in the Plans.
Work will be paid for under the following bid items:
Bid Item Quanity Unit Unit Price Total Price
C01 - 131 -4 Inch Drain Pipe 18 LF $24.00 $432.00
C01 - B2 - Connect to Existing Structure 1 EA $500.00 $500.00
C01 - B3 - Flagging 4 HR $60.00 $240.00
Cost:
The total contract price will be increased by the amount of$1,172.00 and paid for under the respective bid
items necessary to perform this work.
Change in Cost to Contract: $1,172.00
Time:
The Contract Time will not be affected as a result of this Change Order.
Change in Working Days to Contract: 0
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CHANGE ORDER
Page 4 of 4
Change Order No.: 1
Date: March 15, 2016
SUMMARY
y
SUMMARY TIME (Working Days) COST
Original Contract (30 Calendar Days): April 13, 2016 $123,314.50
s
Previously Approved Change Order(s): 0 $000
Contract prior to this Change Order: April 13, 2016 $123,314.50
Contract for this Change Order will Change by: 2 $6,074.50
New Contract including this Change Order will be: April 15, 2016 $129,389.00
3
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P:\13\1388A-Tigard Sidewalk Infill\700 Construction\708 Construction Contract Change Orders\COR1\1388A C01 Page 4
�A
0 20 40 0
I11 SCALE IN FEET
/ O I M 3
�i
I, 11 II <_
I D �N G J
amu&
,Y W
' 11 1 Ill11485 SW 95TH AVE. I 11465 SW 95TH AVE. I 11405 SW 95TH AVE. i 11375 SW 95TH AVE. 1 11345 SW 95TH AVE. I 11355 SW 95TH AVE. KKKK C
I I 1
� 5 I
II y 3P ' I it
R 1P j 12 7 A15 3P 1R 14 / /15 I 1 1� I a_
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` - 1 _, - 7 ss '° 7 ,D SW 95TH AVENUE d
���g•. tis .. \ `"✓\ ?2/ ` „T / / --T-'�_r I -+- E-
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-- � --- ------- a" W
,.inn � — 0 O L — — I � FC— _/—
UGT p.y
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11540 SW GREENBURG RD. I 11450 SW 95TH AVE. 11400 SW 95TH AVE. I 11350 SW 95TH AVE.
�w��,dwx'. o \
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■
EROSION CONTROL & DEMOLITION LEGEND DEMOLITION NOTESs.r:; = Q
Ot REMOVE(R) OR PROTECT(P) EXISTING TREE. " Oro
IP®
INLET SEDIMENT FILTER O REMOVE EXISTING STORM STRUCTURE. CAP
AND ABANDON EXISTING STORM PIPING FOR
® REMOVED STRUCTURES UNLESS NOTED E-
pa
LIMITS OTHERWISE W
3O PROTECT(P)EXISTING POWER POLE. E
O REMOVE AND SALVAGE EXISTING SIGN. STOP
SIGNS MUST BE MkWTAINED ON TEMPORARY W
SUPPORTS AT ALL TIMES AFTER REMOVAL. EO Z
O7 SAWCUT TO NEAT UNE AND REMOVE EXISTING F1'r R W
ADA RAMP, CONCRETE,OR WALK TO FULL DEPTH. F"
_A
9O REMOVE EXISTING STORMWATER PIPING OF LENGTH E-Z ISI H
NOTED(X). w a
f 0 REMOVE, MAINTAIN TEMPORARY AND REINSTALL Z
EXISTING MAILBOX. A
12 CAP AND ABANDON EXISTING STORMWATER PIPING. U t]cn
13 REMOVE EXISTING ROCK WALL(0-12'HEIGHT)AS ts:
NEEDED FOR CONSTRUCTION. MATCH EXISTING p
GRADE.
14 REMOVE EXISTING LAUREL HEDGE.
15 PROTECT EXISTING MONUMENT IN PLACE.
DRAWING NO:
C7
7 OF 19
II 11485 SWAVE. 11465 SW 95TH AVE.
BEGIN STANDARD CURB CONFORM 70 EXISTING SIDEWALK 95TH AVEI I CONSTRUCTION NOTES
0 / I , I 0 10 201 CONSTRUCT DIAGONAL-PARALLEL SIDEWALK RAMP PER
A 10+47.4%Z19,37-LT/ I / O 0007 STD. DWG. RD 755, SHEET D2. SEE SHEET C11
BEGIN BLOCK WALL I I I SCALE IN FEET AND D2 FOR ADDITIONAL CURB DETAILS.
STA 10+59.72, 18.81' 7 I
6 li' /� ENU 1 I I II 9 t�2 CONSTRUCT STANDARD CURB PER CITY OF iIG4RD
j• 16 I ° 1 16 I I STA 11+7.68 17. 1'LT STD. DWG. NO. 125, SHEET D7. w-
CONN CT i ISi1NG /I f END BLOCK WALL
i 4"DRAIN COIL 1 I 1 STA 11+40.67, 17.9' T / I 14 7 3 CONSTRUCT AC DRAINAGE CURB OF HEIGHT NOTED N
y 4'MIN CONFORM TO BEGIN BLOCK WALL I O
CLEAR � / S 16 � EXISTING____ � I PER OD07 STD. DWG. RD 701, SHEEP D2.
2
- EXISTING ROW 6 -
^L 5 \\ 4O CONSTRUCT BLOCK WALL. SEE TYPICAL SECTIONS m g U
i 1 \ SHEET C3 FOR DETAILS. SEE SHEET C12 FOR WALL
GRADE BREAK \N
Q - __ ••• _ PROFILES.
-- EE
_ \ w OS CONSTRUCT POROUS CONCRETE SIDEWALK. S � g
CONFORM TO TYPICAL SECTIONS SHEET C3 FOR DETAILS.�
3 6 20 EXISTING O CONSTRUCT ASPHALT ROADWAY RESTORATION, SEE m
m z
r S L=18' 2 W 95TH AVENUE 7 ��/ 20 6 3 (47 /// 20 7 N �
SECTIONS SHEEP C3 FOR DETAILS. W N = =c
v
Cv
O7 CONSTRUCT 2'ASPHALT BERM PER DETAIL, SHEET Dl. rc i
-S=0.02- _ / vloo!�
hoc
- Z 8O REINSTALL SALVAGED SIGN ON NEW 2'-12 CA PSST z =u
F� +47,18, — ^ —! 1 - S' g W SIGN POST AND ANCHOR FOUNDATION PER ODOT STD. ii=i
1 END STANDARD CURB F TA 11+4. 10. T DWG. TM 200 AND TM 681, SHEET D3 do TM 689, C =_BEGIN AC DRAINGAGE CURB , BEGIN AC DRAINAGE CURB TA 11+7. 1 7 ' T z SHEET D4. G 1
S-0. END AC DRAINAGE CURB END AC BERM^ END AC DRAINAGE CURB J _ '00 0
S=0.02- — — — — — — 2 9 REINSTALL SALVAGED MAILBOX ON NEW SUPPORT PER o
-BEGIN AC BERM --- � �
RIM 216.55 0 R 8 — �" — — — — — — i BEGIN AC BERM U ODOT STD. DWG. RD 100. WIDEN SIDEWALK TO
IE 12'IN (N)212.45 _o - 2 -` _ _ w— F- PROVIDE MINIMUM 4'ACCESSIBLE CLEAR SPACE
IE 12'IN (E) 212.30 V�r -i" RIM 217.19 — _ Q AROUND MAILBOX.
IE 12'OUi(W)211.90 IE 12'OUT 212.89 n
J� IE 4'IN 11 CONSTRUCT SIDEWALK AROUND EXISTING POWER POLE
-----ucr SUMP 211.39 70 REMAIN.
PROTECT EXISTING MONUMENT IN PLACE. W
PROPOSED LANDSCAPE RESTORATION PERMANENT Z a
11540 SW GREENBURG RD. �i 11450 SW 95TH AVE. SEEDING AREA SEE TYPICAL SECTIONS, SHEET C3 w
AND SPECIFICATIONS FOR DETAILS. ' H
PLAN 19 INSTALL TYPE 3 OBJECT MARKER(OM-3R) W
20 6' TRANSITION FROM 4'AC DRAINAGE CURB TO 2'AC F W
BERM. Lo
21 2'MIN.ASPHALT WALK TRANSITION SECTION. MATCH
EXISTING DRIVEWAY GRADES AND TIE IN WITH a
PROPOSED WALK. PROPOSED WALK MUST BE ADA
co
COMPLIANT AT TIE IN TO POROUS CONCRETE. SEE
DETAIL, SHEET C3. CONTRACTOR TO VERIFY POSITIVE
DRAINAGE PRIOR 70 CONSTRUCTION.
24 CONSTRUCT ASPHALT PAVEMENT REPAIR ADJACENT 70
CURB PER DETAIL, SHEET D1.
11405 SW 95TH AVE. 11375 SW 95TH AVE. I 11345 SW 95TH-AVE-1I cD
I \
o to 20 UTILITY NOTES =9 w
IXISTING ROW / I I i SCALE IN FFTEi ■c o N
BEGIN BLOCK WALL I 16 / I I II I II ❑1 CONSTRUCT 3034 PVC STORM LINE OF SIZE �w� f O
I NOTED. r/
I END BLOCK WALL
16 / I 4 ` I �2 CONSTRUCT AREA DRAIN TYPE II PER CWS STD. ■�'> d Q
21 /
5 _ 14 \\ DWG. N0. 380, SHEET D5. F 00
I _
1 16 5 21 _ / _J/ CONFORM TO EXISTING �5 CONNECT TO EXISTING DRAIN PIPE. EXTEND 3" Q> ? M
21 -: •:'':: :::::::'` .J:�-• •:•;::•:::.::.:. — SCH 40 PVC THROUGH CURB PER CITY OF
=0 I- - - _ :._ : 71GARD STD DWG NO 12 SHEET DI.
LTJ CONFORM i0 - - -.� - I H S
EXISTING I•:v::.w: ::..:..... -- — 'F— __ E-
9 , - � � ' STRIPING NOTES: W
p --- CONFORM TO
m
EXISTING \ \ \ 1. IN ALL NEW STRIPING AS CALLED OUT WITH E--i
/ 20 r.-11-1
\ 2 5 \ 14 \ Lx ) WHERE X REFERS i0 PAVEMENT U]
Lw�•1 // 7 3 (4' V 3.
19 \\ 4 W-2 4'WHIi�UNE m �. MMMANDIII KI MG SHOWN ET ODD07 STD. DWGS, TM 500
N s TA 1 + . 4 1 t
CONSTRUCT 6'MIN. CONFORM T0STA 1 7EXISTING CURB 2 A Z
—C TRANSITION FROM�FLUSH
�.
Z - — — END AC DRAINAGE CURB TO FULL HEIGHT CURB
v STA 12+17.8CDR 1 0' 7
LLI BEGIN AC DRAINAGE CURB
Z r END AC BERM S 95TH AVENUE // A 77 2 I [�"�
BEGIN CURB
O
— — _ 5, w z or-
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Q — — — — — — —I— — — — — —/— — — — —1— — — — — — — — — — �- — — —J — — 1
Ad
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urt
------ - u,T
IF7jI400 SW 95TH AVE. I 11350 SW 95TH AVE.
DRAWING N0:
PLAN C9
9 of 19
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(TxrsFORM MvsTACCOMPANYEvERYCONTRA CT)
Contract Title: Sidewalk Infill–N. Dakota St and 95`''Ave Number:
Contractor: Lyda Excavating, Inc. Contract Total: $123314.50
Contract Overview: Construct new pervious concrete sidewalk along 95'Avenue for about 400 feet
north of Greenb urg Road and along North Dakota Street for about 400 feet east of
Greenbu.rg Road. Install an RRFB and crosswalk across Greenburg at 95`''.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑Low
Risk Reduction Steps: No changes made to insurance requirements in PIC.
Risk Comments:
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering-
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ® Public Improvement
❑ IGA ❑ Other: Start Date: 3/14/16 End Date: 6/30/16
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Lyda Excavating, Inc. $123,315
GT General Contracting $146,789
Subcom.Excavation&Utilities $197,525
2 other respondents on file in Purchasing
Account String: ONiU
Fund-Division-Account Work Order–Activity Type Amount
FYJ 460=8000-56005 95045-140 123,315
Approvals LCRB Date: 3/8/16
Department Comments: Contractor determined by competitive bidding,much of cost will be reimbursed
by Community Development Block Grant (CDBG)program.
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
—�4Y42�u")X--
After securing all required approvals, forward onpaal copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
9A:
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Phone: (503) 639-4171
Fax: (503) 684-2797
CONTRACT DOCUMENTS
for the construction of
SIDEWALK INFILL -
N. DAKOTA STREET AND 95TH AVENUE
Project No.: 95045
PR
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EXPIRES: 12 31 17 '
Approved by:
Bid Proposals Due&Bids Open: February 2, 2016 -2:00 PM
Version: January 20,2016
A
a CITY OF TIGARD, OREGON
CONTRACT DOCUAIL,1\1TS
N. DAKOTA STREET AND 95TH AVENUE
Project No.: 95045
DATE DUE: February 2,2016
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,February 2,2016
PROJECT MANAGER: QIIESTioNs REGARDING THE BID:
Mike McCarthy 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: j s h@,�gard-o.t.gov
SUBMIT BIDS TO:
Joe Barrett,Sr.Management Analyst
City of Tigard—Utility Billing Counter
13125 SW Hall Blvd
Tigard,Oregon 97223
ilPage
CITY OF TIGARD
ADVERTISEMENT FOR BIDS
SIDEWALK INFILL—N.DAKOTA STREET AND 95TH AVENUE
The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Utility Billing Counter located at 13125
SW Hall Blvd.,Tigard,Oregon 97223 until 2:00 pm local time,February 2,2016 for the Sidewalk Infill—N.Dakota Street
and 95th avenue construction project. Bids will be opened and publicly read aloud immediately after the bid's closing time
and date at Tigard City Hall.
The project generally consists of the following.
1. Construction of Porous Concrete Sidewalk
2. Construction of Concrete Curbs and Ramps
3. Asphalt Concrete Paving
4. Stormwater Improvements
5. Rectangular Rapid)clashing Beacon Installation
6. Temporary signage,protection,and traffic control
7. Performance of additional and incidental work as called for by specifications and plans.
Basis of Bid Award shall incorporate all items identified on the Bid Schedule.
Pursuant to Tigard Public Contracting Rule 30.055,all bidders must submit a bid security to the City along with their bid in
an amount equal to ten percent(101/6)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,February 2,2016.
The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and 279C and all
other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporatedby reference as if fully
set forth in any contract resulting from this Invitation to Bid. Contractor shall provide proof to the City prior to the
beginning of any of the work that the Contractor has filed a public works bond with a corporate surety,in the amount of
$30,000 with the Construction Contractors Board as required under Oregon PWR law.
No bid will be considered unless fully completed inn-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: Daily Journal of Commerce
Date: January 20,2016
Published: The Oregon
Date: January 20,2016
ii�['age
TABLE OF CONTENTS
TITLE PAGE
Title Page.... ................... ••-•-•--•-•.--•-.1
Advertisement for Bids....................................................................................ii
Table of Contents iii
I. INSTRUCTIONS TO BIDDERS
Section 00120 Bidding Requirements and Procedures..............................................................1
Section 00130 Award and Execution of Contract 9
--------------------------------------------------------------------
II. BID BOOKLET
AttachmentA Proposal............ •-------------------------------------------------------------------------------------------•-18
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
III. 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____________________________________
Attachment J Federal Contract Requirements-
U.S.Department of Housing and Urban Development--------------------------------- 8
Attachment K Special Provisions--------------------------------------------------------------------------------------------53
Attachment L Oregon BOLI Prevailing Wage Rates________________________________•..._....--.-_..__-_..__.._.97
.Attachment M Davis Bacon Wage Rates............................................... ......... ......... ....•____98
Attachment N Federal Labor Standards 115
IV DRAWINGS
Sidewalk Infill—N.Dakota Street and 95`' Avenue
--------------------------------------------
Sheets 1 through 19•----••--••---•-• ••---•••-•----•••-•-•---•---------•---•--
--------------------------------
DatedJanuary 5,2016..........................................................................................
iiilPagye
I. INSTRUCTIONS TO BIDDERS
SECTION 00120-BIDDING REQUIREMENTS AND PROCEDURES
This Section replaces Section 00120 of the 2008 edition of the Oregon Standard Specifications for Construction.
00120:00 Bid Closing Time and Date-The advertisement,included in the Bid Booklet sets the deadline date
and time for submitting bids.
00120.01 General Bidding Requirements-Bidders may obtain and submit Bids by paper before the deadline
stated in the Advertisement for Bid and at the location stated in the Advertisement for Bid.
00120.05 Requests for Solicitation Documents -Informational Plans and Specifications (not for bidding)
are available at the City of Tigard,13125 SW Hall Blvd.Tigard,OR 97223 at no charge.
Copies of the Oregon Standard Specifications may be purchased at the ODOT Procurement Office -
Construction,Contractor Plans,455 Airport Road SE,Building K,Salem,Oregon 97301-5348 (telephone(503)
986-6936). The Oregon Standard Specification can be obtained on line free of charge at:
http://xvww.oregongov/ODOT/I-I\W/SPECS/standard specifications.shtml.
(a) Paper Bids-Bidders must obtain Solicitation Documents from the City of Tigard,13125 SW Hall Blvd.,
Tigard, OR 97223. Each request must include both the name of the person ordering or obtaining the
Solicitation Documents,and the name of the Entity intending to use them. (The City,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.
City of Tigard Public Improvement Design Standards Download from the City's web site
CWS Design and Construction Standards 07-20 www.
Supplementary General Conditions Included in the Bid Booklet
Manual on Uniform Traffic Control Devices (TMUTCD)
Oregon Standard Specifications Version 2008—Volumes 1 &2 Available from ODOT
Copies of these standards and specifications can be found at the locations stated above.
00120.10 Bid Booklet-The Bid Booklet may include,but is not limited to:
• Proposal
• Acknowledgement of Addenda
• Bid Certifications
• First Tier Subcontractor Disclosure
• Bid Bond
By signing the Certificate of non-collusion,Bidder certifies that this bid/proposal has been arrived at
independently and has been submitted without collusion designed to limit independent bidding or competition.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered-Before submitting a Bid,Bidders shall carefully 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
1. INSTRUCTIONS TO BIDDERS I l P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder
has examined the Project Site and Solicitation Documents, finds the Plans and Specifications to be sufficiently
detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be
encountered in perfoxrning 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 d►e 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«ill not be binding. To be binding,interpretation of the Plans and Specifications by the City
must be made by written.Addendum furnished to all.Holders of Bidding Plans according to 00120.30.
Notification of erroneous or incomplete Plans or Specifications shall also be submitted to the
Procurement Office. Such notification shall also be made in sufficient time for the City to make any
necessary modifications and issue Addenda to Bidders prior to Bid Closing.
(b)Protest of Specifications or Terms-A bidder who believes any specifications or terms detailed in the
bid packet or sample contract (Attachment F) are unnecessarily restrictive or limit competition may
submit a protest in writing,to the Procurement Office. A protest may be submitted via facsimile. Any
such protest shall include the reasons for the protest and shall detail any proposed changes to the
specifications or terms. The Procurement Office shall respond to any protest and,if necessary,shall issue
any appropriate revisions,substitutions,or 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
Sidewalk Infill—N.Dakota Street and 95'Avenue
City of Tigard
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
If a bid protest is received in accordance with section above,the bid opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary, addenda to the bid
documents.
The City is not obligated to consider any protests unless the issue has first been submitted for clarification
and a decision issued under subparagraph(a)above.
00120.16 Material,Equipment,and Method Substitutions-When the Contract specifies certain Materials,
Equipment,and/or methods,the Bidder shall include those Materials,Equipment,and/or methods in the Bid
unless the Fngineer has issued an Addendum granting approval to substitute. The procedure for requesting
approval is as follows:
1. INSTRUCTIONS TO BIDDERS 2111 a g e
City of Tigard Side-.8--alk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
(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.
(e) 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.
(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.
I. INSTRUCTIONS TO BIDDERS 31 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• Clean up all hazardous materials deposited by,or resulting from,Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The City does not warrant that the actual individual
items, amount of Work, or quantities will correspond to those shown in the Bid Schedule. Payment to the
Contractor will be made only for actual quantities of Work performed and accepted or 14iaterials 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 snake 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 modify
the Solicitation Documents by issuance of an "Addendum" to all prospective bidders within a reasonable time
prior to bid closing to allow bidders to consider them in preparing their bids,but in no case less than 48 hours
before the bid closing. If an Addendum is necessary after that time,the City, at its discretion, can extend the
closing date.
Anv 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.
Bidders may refer to the following Subsections for requirements that may affect bidding
considerations:
1. INSTRUCTIONS TO BIDDERS 41 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• 00120.80,Preference for Oregon Resident Bidders
• 00130.80,Restrictions on Commencement of Work
• 00150.55,Coordination of Work-
00150.75,
ork00150.75,Protection and Maintenance of Work
• 00160.20(a),Buy.America
• 00160.20(b),Buy Oregon
•
00 180.20,Subcontracting Limitations
• 00180.21,Subcontracting
• 00195.50(a-1),Incidentals
• 00195.00(a),Cost of Insurance and Bonds
(b)Paper Bids -The Bidders shall not alter,in any manner,the paper documents bound within the Bid
Section. Bidders shall complete the certifications and statements included in the Bid Section of the
Bid Booklet according to the instructions. Signature of the Bidder's authorized representative thereon
constitutes the Bidder's confirmation of and agreement to all certifications and statements contained
in the paper Bid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures and initials
shall be in ink,except for changes submitted by facsimile(FAXq 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)).
(e) 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.
(f) Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10%of the total
amount of the Bid.The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in.the form of a cashier's check or
certified check made payable to the Agency. (see ORS 279C.365(4)).
If a Surety bond is submitted,Bidders shall use the Agency's standard Bid Bond form included with
the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal
affixed.The Bid guaranty shall be submitted by mail,delivery service,or hand delivered to the offices
and addresses,and at the times given in the paper Bid Booklet
I. INSTRUCTIONS TO BIDDERS 51 Pa g e
City of Tigard Sidewalk infill—N.Dakota Street and 95th Avenue,Project No.:95045
Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Bid guaranties is covered by 00130.60,and return of guaranties is covered by 00130.70.
A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly and
properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract
has been executed or all bids have been rejected.
(g)Disclosure of First-Tier Subcontractors - If a Bidder's Bid on a public improvement Project
exceeds$100,000,the Bidder shall,within two working hours of the time Bids are due to be submitted,
submit to the Agency, on a form provided by the Agency, a disclosure identifying any first-tier
Subcontractors that will furnish labor or labor and liaterials,and whose contract value is equal to or
greater than:
• 5%of the total Project Bid,but at least$15,000;or
• $350,000,regardless of the percentage of the total Project Bid.
For each Subcontractor listed,Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract;and
• The category of work that the Subcontractor would be perfornung.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so
indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor
listed,Bidders shall provide all requested information. An incomplete form will be cause for rejection
of the Bid.
The Subcontractor Disclosure Form may be submitted for a paper Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it
together with the Bid at the time and place designated for receipt of Bids;
• By removing it from the paper Bid Booklet, filling it out and submitting it separately to the City's
Procurement Office.
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. 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.
I. INSTRUCTIONS TO BIDDERS 61 Page
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
(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.
SIDEWALK INFILL-N.DAKOTA STREET AND 95TH AVENUE
Project No.:95045
Due Date: February 2,2016
City of Tigard—Utility Billing Counter
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's
responsibility to ensure that bids are received prior to the stated closing time. The City shall not be
responsible for the proper identification and handling of any bids submitted incorrectly.
(c) Bid Opening-Bids will be opened immediately following the deadline for receiving bids as stated in the
Advertisement in Tigard City Hall. Bidders may be present;however,award decisions will not be made
at the opening.
00120.60 Revision or Withdrawal of Bids:
(a) Modifications To Bids - In accordance with Tigard Public Contracting Rule 30.070 (A),a Bid may
be modified after submittal so long as the modification is done in writing prior to the bid's closing
time and date. Any modification must be prepared on the submitting company's letterhead, signed
by a company=representative,and clearly,state that the new modification supersedes or modifies the
prior bid.
To ensure integrity of the bidding process, the modification must be delivered to the City's
Procurement Office in a sealed envelope that is marked`BID MODIFICATION;"and list the original
bid 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 the total sum computed from quantities listed in all Bid Schedules times unit
prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended amount,
the unit price shall govern,and the City may make arithmetic corrections on extension amounts. When an error(s)
is made in extending total prices, the unit bid price will govern. Bidders are cautioned to recheck their bid for
possible error(s). Error(s)discovered after opening cannot be corrected by the bidder and the contractor will be
required to perform work at the unit price if their bid is accepted.
I. INSTRUCTIONS TO BIDDERS 71 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
00120.70 Rejection of Nonresponsive Bids -A Bid will be considered irregular and will be rejected if the
irregularity is deemed by die City to render the Bid non-responsive. Examples of irregularities include without
Imitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed.
• The Bid contains improper additions,deletions,alternate Bids,or conditions.
• The Bid is submitted on documents not obtained directly from the City, or is submitted by a Bidder
who has not been identified by the City as a Holder of Bidding Plans,as required by 00120.05.
• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
• The Bid has entries not typed or in ink,or has signatures or initials not in ink(save for changes received
by FAX as pro-6ded by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document.This requirement applies to State-funded or locally
funded Projects,with the exception of Aggregate production and landscape Projects (not required on
Federal-Aid Projects).
• A disclosure of first-tier Subcontractors, if required under 00120.40(f), is not received within two
working hours of the time Bids are due to be submitted,or the disclosure form is not complete.
• The Bidder has not complied with the DBI:requirements of the solicitation.
• The Bid does not acknowledge all issued.Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid contains entries with more than two decimals to the right of the decimal point.
• The Bid entries are not expressed in U.S. dollars and cents.
00120.80 Reciprocal Preference for Oregon Resident Bidders-This Subsection applies only to Contracts
for Projects financed without federal funds. Bidders shall complete the certificate of residency provided by the
City in the Bid Booklet Failure to properly complete the form will be cause to reject the Bid.
As used in the certificate of residency and this Subsection,"Resident Bidder"means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission of the Bid;
• A business address in the State of Oregon;and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder"means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid,the City will,for the purpose of awarding the Contract,add a percentage increase
to the Bid of a Nonresident Bidder equal to the percentage,if any, of the preference given to that Bidder in the
state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be
published on or before January 1 of each year by the Oregon Department of Administrative Services. The City
I. INSTRUCTIONS TO BIDDERS 81.11 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
may rely on these percentages without incurring liability-to any Bidder(ORS 279A.120). This increase will only
be applied to determine the lowest Bid,and will not cause an increase in payment to the Contractor after Award
of the Contract.
00120.90 Disqualification of Bidders - The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found responsible, and may
be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 279C.440.
A Bidder will be disqualified if the Bidder has:
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS
279C.860;
• Not been registered(licensed)by the Oregon Construction Contractors Board(CCB)or been licensed
by the State Landscape Contractors Board before submitting a Bid (ORS 279 C.365(1)(k), ORS
701.055,and ORS 671.530). The Bidders registration number and expiration date shall be shown in
the Bid form,if requested. Failure to furnish the registration number,if requested,will render the Bid
non-responsive and subject to rejection. (not required on Federal-Aid projects);or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a public
contract for a public improvement.
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is found
to be nonresponsible according to the criteria listed in 00130.10 will be rejected. Refer also to ORS 2790.375(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.
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 allbids upon a finding of the City that it is in the
public interest to do so:
(b) The City reserves the right,as allowed under Tigard Public Contracting Rule 30.085(B)to waive any and
all minor informalities that may arise in relation to this bid process. Minor infoimalities 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.
I. INSTRUCTIONS TO BIDDERS 91 P age
City of Tigard Sidewalk infill—N.Dakota Street and 95th Avenue,Project No.:95045
(e) After opening and reading Bids, the Agency will check them for correct extensions of unit prices and
totals.(see 00120.65) The total of extensions,corrected where necessary,will be used by the Agency for
Award purposes.
(d)Bids will be considered and a Contract awarded,if at all,within 60 Calendar Days from the date of Bid
Opening,unless an extension beyond that time is agreed to by both parties and acknowledged in writing
by the Bidder.
00130.10 Award of Contract-After the Bids are opened and a determination is made that a Contract is to be
awarded,the Contract will be awarded to the lowest responsible Bidder. For the purposes of this Section,"lowest
responsible Bidder" means the lowest Bidder who is not on the list created by the Construction Contractors
Board according to ORS 701,and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial, Materials, Equipment, facility and personnel resources and
expertise,or ability to obtain the resources and expertise, necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance.
• A satisfactory record of integrity.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available
information,or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity,the City will document the
record and the reasons for the unsatisfactory finding. The City shall provide notice of intent to award to each
bidder submitting a bid. The notice shall state the date,time,and location of the bid award decision. The notice
shall include the name of the vendor. that staff recommends the contract be awarded to. Any bid comparison
sheets shall be included in the notice of intent to award.
The Award will not be final until the later of the following:
• The City has provided a written response to each timely protest,denying the protest and affirming the
Award,or
• The Contract is awarded by the awarding authority
If the City accepts a Bid and awards a Contract; the City will send the successful Bidder written notice of
acceptance and Award. Notice of Award and Contract booklets ready for execution will be sent within 60
Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special Provisions
or a written mutual agreement.
00130.15 Right to Protest Award-In accordance with Tigard Public Contract Rule 30.135 any actual bidder
who is adversely affected or aggrieved by the City's intent to award the contract resulting from this Invitation to
Bid to another bidder shall have seven (7) calendar days after notice of intent to award to submit to the City a
written protest of the notice of award.
L INSTRUCTIONS TO BIDDERS 101 P a g
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
In order to be adversely affected or aggrieved,a bidder must claim to be eligible for award of the contract as the
lowest responsible bidder and must be next in line for award;i.e.the protester must claim that all lower bidders
are ineligible for award because they are non-responsive or non-responsible. The City will not entertain any
protest submitted after the time period established under this Invitation to Bid document. The City shall'issue a
written decision denying or affirming the protest to every bidder providing an address to the City before any
action is taken on the contract.
00130.20 Cancellation of Award.-Without liability to the City,the City may for good cause cancel Award at
any time before the Contract is executed by all parties to the Contract,as provided by ORS 279C.395 for rejection
of Bids,upon finding it is in the public interest to do so.
00130.30 Contract Booklet-Includes the documents listed under Section 4,"Contract Documents,"of the
Public Improvement Contract(Attachment F).
00130.40 Contract Bonds,Certificates,and Registrations -Before the City wrill execute the Contract,the
successful Bidder shall furnish the following bonds,certificates,and registrations:
(a) Performance and Payment Bonds - When Awarded the Contract, the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State
of Oregon as required by Tigard Public Contracting Rule 30.190(A).
The successful Bidder shall submit the standard bond forms,which are bound in the Contract booklet.
Faxed or photocopied bond forms will not be accepted. The amount of each bond shall be equal to
the Contract Amount. The Performance Bond and the Payment Bond must be signed by the Surety's
authorized Attorney-in-Fact,and the Surety's seal must be affixed to each bond. A power of attorney
for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,which must include
bond numbers,and the Surety's original seal must be affixed to the power of attorney. Bonds shall
not be canceled without the City's consent,nor will the City normally release them,prior to Contract
completion.
When a coating system warranty is required by 00594.75,the Contractor shall furnish a supplemental
warranty performance bond,in addition to the regular Performance Bond for the Contract to the City,
executed by a surety authorized to do business in the State of Oregon. The supplemental warranty
performance bond shall be in the sum of 80%of the full Contract Amount. The bond is to secure
the performance by the Contractor of correction work on any coating system defects that the
Contractor may be directed by the City to perform.
The Contractor shall use the City-provided form for the bond except that if the surety is a multiple
surety, a copy of the form for bond with multiple sureties shall be obtained from the City. The
supplemental warranty performance bond shall be signed by the Surety's authorized Attorney-in-Fact,
and the Surety's seal shall be affixed to the bond. A power of attorney for the Attorney-in-Fact shall
be attached to the bond in the Contract booklet,which shall include bond numbers,and the Surety's
original seal shall be affixed to the power of attorney. A copy of the supplemental warranty
performance bond is included near the front of the Special Provisions.
Upon Third Notification, the supplemental warranty performance bond shall become effective and
shall continue in full force and effect until the City has advised the Contractor that:
• There are no coating system defects;or
1. INSTRUCTIONS TO BIDDERS 111 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• 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(a) and 00170.70(d), the successful Bidder shall complete and sign the
"Certification of Workers'Compensation Coverage" form bound in the Contract booklet.
(d)Registration Requirements:
(1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon Construction
Contractors Board or licensed by the State Landscape Contractors Board prior to submission of
a Bid on a Project not involving federal funds. Registration with the Construction Contractors
Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on
Federal,,Vid Projects;however,the Agency will not execute a Contract until the Contractor is so
registered or licensed.
(2) Bidders must be registered with the Corporation Division,Oregon Secretary of State,if bidding
as a corporation, limited liability company, joint venture, or limited liability partnership, or if
operating under an assumed business name and the legal name of each person carrying on the
business is not included in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the landscape
contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520.
(4) A landscaping business may bid on a 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 widi
the properly executed Contract, Performance Bond, Payment Bond, certification of workers'
compensation coverage,and the required certificates of insurance,to the Procurement Office within
15 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to the
1. INSTRUCTIONS TO BIDDERS 121 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Bidder under 00130.10. The Bidder shall return the originals of all documents received from the City
and named in this Subsection,with original signatures. Certificates of insurance shall also be originals.
Certificates of insurance for coverages that are permitted by the City under 00170.70(a)to be obtained
by appropriate subcontractors shall be delivered by the Contractor to the City together with the
Contractor's request under 00180.21 for approval of the subcontract with that subcontractor. No
copies of these documents will be accepted by the City.
Proper execution requires that:
(1) If the Contractor is a partnership, limited liability partnership, joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond,and Payment Bond,and an authorization to sign shall be attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation shall sign
the Contract, Performance Bond, and Payment Bond. However, if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those
documents a certified, true and correct copy of the corporate 'bylaws or minutes stating that
authority. If only one officer is signing,then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the title(s) or
corporate office(s) held by the signer(s).
(b) By the City - Within seven Calendar Days after the City has received and verified the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the City
Council (if required), the City will execute the Contract. The City will then send a fully-executed
original Contract booklet to the successful Bidder,who then officially becomes the Contractor.
(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 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 willbe 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
I. INSTRUCTIONS TO BIDDERS 131 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
the Project Site on which the Work is to be done,nor move Materials,Equipment,or workers onto that Project
Site.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work is
delayed by failure of the City to send the Contract for execution. However,if more than 30 Calendar Days elapse
between the date the Bid is opened and the date the City sends the Contract to be executed,the City will consider
granting an adjustment of time for completion of the Work to offset any actual delay to Contract completion
resulting directly from delay in commencement.
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the Contract
is executed by the City. Should the City fail to issue the Notice to Proceed within five Calendar Days of Contract
execution,the Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
I. INSTRUCTIONS TO BIDDERS 141 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
II. BID BOOKI T
ATTACHMENT A
C..
a PROPOSAL
CITY OF TIGARD
Sidewalk Infill—N.Dakota Street and 95`'Avenue
This Bid must be signed in ink by an authorized representative of the Bidder; any alterations or erasures to
the Bid must be initialed in ink by the undersigned authorized representative.
Project: Sidewalk Infill N Dakota Street and 95`1'Avenue: #95045
Bid Due Date: February 2.2014dL6 �-
Name of Submitting Firm: Lyal E>CC rF�/vl'Tltii� -T
The Undersigned(check one of the following and provide additional information):
An individual doing business under an assumed name registered under the laws of the State of
;or
A partnership registered under the laws of the State of ;or
A corporation organized under the laws of the State of or
A limited liability corporation organized under the laws of the State of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above
project ittn►► strict accordance with
the Contract Documents for the Basic Bid as follows:
QAlX /�wipeea-7 ✓c�u7Y-//f CFS Hz ,.xo /#"z. I'ri,Nguand -CZ)/100 Dollars ($��Jt
---7ae-i
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.
The bidder agrees that,if awarded the contract, s/he will commence work within ten (10) calendar days
after the date of receipt of written Notice to Proceed,that s/he will substantially complete the work within
30 calendar days after Notice to Proceed and be complete and ready for final payment within 45 calendar
days after the Notice to Proceed.
U. BID BOOKLET 18 1 l'a-e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
BID SCHEDULE
Item Spec. Item Description Quantity Unit Unit Price Total Price
Section
1. 0210 MOBILIZATION 1 LS 00 ,y
2. 0225 TEMPORARY WORK ZONE
TRAFFIC CONTROL,COMPLETE 1 LS g _4 wo
3. 0280 EROSION CONTROL 1 LS «� 4 ow. K'
4. 0290 POLLUTION CONTROL PLAN 1 LS _Svo!vu
5. 0305 CONSTRUCTION SURVEY WORK 1 LS CFO
6. 0310 REMOVAL OF STRUCTURES AND
1 LS
OBSTRUCTIONS
7. 0320 CLEARING AND GRUBBING 1 LS w2
8. 0330 EARTHWORK 1 LS
9. 0331 12 INCH SUBGRADE 10 SY w wy
STABILIZATION
10. 0350 DRAINAGE GEOTEXTILE,TYPE 2 486 SY j ,ZS 607.6v
11. 0430 4 INCH DRAIN PIPE 190 LF ,Zy,oo
12. 0445 3 INCH SCH 40 PVC STORM PIPE 6 LF 132"0
13. 0445 12 INCH D3034 PVC STORM PIPE 22 LF 3 g'" ,00
14. 0470 CONCRETE INLETS,TYPE AREA
DRAIN 2 EA l�(v�Y�,`' � «'
�
15. 0480 ASPHALT CONCRETE DRAINAGE 148 LF -2,0.;> w
CURB,4"
J 16. 0480 ASPHALT CONCRETE BERM,2" 103 LF cx) q(p.0i
17. 0490 CONNECTION TO EXISTING 3 EA ' Z'CZ0,-ri
STRUCTURES
18. 0490 MINOR ADJUSTMENT OF 2 EA r7co-`a yc
MANHOLES
RETAINING WALL,
19. B596 PREFABRICATED MODULAR 1 LS 7,90.c a 7,aWa
GRAVITY 0-4'TALL
20. 0620 COLD PLANE PAVEMENT
18 SF
REMOVAL,2 IN. DEEP
21. 0641 AASTHO No.57 CRUSHED WASHED do da
STONE
11 CY
22. 0641 CRUSHED WASHED AGGREGATE
65 CY
BASE(1.5"-2.5")
23. 0641 AGGREGATE BASE (1-1/2"-0) 7 CY /06�Ju 735,'ao
LEVEL 2, 1/2 INCH DENSE,MHMAC
24. 0744 MIXTURE 20 TONS f��4) 2�C�(,,�,
25. 0749 ASPHALT WALKS 40 SF '2,60
/00.ct,
26. 0749 ASPHALT CONCRETE PAVEMENT 81 LFv0
REPAIR ADJACENT TO CURB aV. 1I 78,x•
27. 0756 PLAIN CONCRETE PAVEMENT, 6.0 SY �f� `o
DOWELLED,9 INCHES THICK �0
II. BID BOOKLET 19 1 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Item Spec. Item Description Quantity Unit Unit Price Total Price
Section
28. 0758 POROUS CONCRETE WALK 3,450 SF q ,SU I
29. 0759 CONCRETE CURBS, STANDARD 193 LF 1b, 3
W w
30. 0759 TRUNCATED DOMES 35 SF .2 S"0 875.
31. 0860 LONGITUDINAL PAVEMENT 1 LS $00.VO q ao
MARKINGS,PAINT &0'
32. 0867 PAVEMENT BAR,TYPE B-HS 174 SF /D; SO / 6,2q,,o
REMOVE AND REINSTALL
33. 0905 EXISTING SIGNS 1 LS 66D.or' 00,d�
PREFORATED STEEL SQUARE ?j (gyp, 3 0
34. 0930 TUBE SIGN POST AND ANCHOR 1 L5 cam.
35. 0940 TYPE Y1 SIGNS IN PLACE 3 SF ,25,�' 7,5�D1'
36, 0990 RECTANGULAR RAPID FLASHING 1 LS a.
BEACON SYSTEM,COMPLETE 16i 600' �i
37. 01030 LAWN SEEDING 1,670 SF ,?Sb L/ /U,,'"
38. 01040 TOP SOIL 21 CY J 3u. Z r7W,w
39. 01040 TREES -DECIDUOUS,1" CALIPER 9 EA Jo ?CQ
40. 01070 1 SINGLE MAILBOX SUPPORTS 2 EA gyp, /,000.01"
GRAND TOTAL /2 31y,-1;V
II. BID BOOKLET 201 1'a-c
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
r t .
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 C�T,he sure ies) requested to issue the Performance Bond and Payment Bond will be
,0C-,AMITY,ZNC, 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 RI HAS ❑ HAS NOT (check applicable status) paid unemployment or income taxes in
Oregon within the past 12 months and XHAS ❑ HAS NOT (check applicable status) a business address in
Oregon.
The Undersigned ® HAS ❑ HAS NOT (check applicable status) complied with any Affirmative Action
Requirements included within the procurement documents.
The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Undersi ned's CCB registration number is IIn IQ�J 26 with an expiration date of
As a condition to submitting a bid,a Contractor must be registered with the Oregon
Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration
number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected
unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the
City prior to the beginning of any of the work that the Undersigned has filed a public works bond with a
corporate surety in the amount of $30,000 with the Construction Contractors Board as required under
Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors who will perform construction work as described
in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035
to 701.055 at the time the subcontractor(s) made a bid to work under the contract.
11. BID BOOKLET 211 Piig c
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State
of Ore on,its Worker's Compensation Insurance provider is �2'K}1 F ,Policy
and that Undersigned shall submit Certificates of Insurance as required.
Name of Company: `r t4 —XCA VATtAia 1V c,
Company Address: o, 3)oX S46
JJfti-�KS� C_JILtir�Ol� / / ��f!D
Federal Tax ID:
Telephone:
E-MAIL �-I VL LYOA-EXCo
(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: r,�
Printed Name&Title: / I IC HAf.[ LYRA — I'�ew�V"1
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.
II. BID BOOKLET 22 1 1' it c
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT B
ACKNOWLEDGMENT OF ADDENDA
CITY OF TIGARD
SIDEWALK INFILL—N.DAKOTA STREET AND 95T"AVENUE:#95045
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
It none received, write `None Received"
1. L lbml 3.
2. 4.
-7 >na1Rp
Date
r
Signature of Proposer
&a l
Title
LY&4 CxcA vg-T1&r, T&)r,
Corporate Name
II. BID BOOKLET 23 1 Pa,' c
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT C
BID CERTIFICATIONS
CITY OF TIGARD
Sidewalk Infill—N.Dakota Street and 95''Avenue:#95045
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or for
services,because of race,color,religion,sex,national origin,handicap or age with regard to,but not limited
to,the following.employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs
or termination;rates of pay or other forms of compensation;selection for training;rendition of services. It
is further understood that any contractor who is in violation of this clause shall be barred from receiving
awards of any purchase order or contract from the City, unless a satisfactory showing is made that
discriminatory practices have terminated and that a recurrence of such acts is unlikely.
Agreed by:
Firm Name: YDA 1----5 CAVA-Ti wX'5
Address: Imo,
Officer's signature:
Type or print officer's name: (C-14 Lyon
II. BID BOOKLET 24 1 1'a c e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT D
FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD
Sidewalk Infill-N.Dakota Street and 95`'Avenue:#95045
BID#:95045 BID CLOSING: Date: February 2,2016 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
1) 1"2x4121 _ 7Zic- $
2) $
3) $
4) $
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive
bid will not be considered for award. r
Form submitted by (bidder name): )—x(019 L !}Vr4TiA.l�
Contact name: /-►ir-tcl' LY04 Phone #: � 1,5-2396
II. BID BOOKLET 2511'a c c
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
f
BOND#SUR40008483
ATTACHMENT E
BID BOND
CITY OF TIGARD
Sidewalk Infill-N.Dalaota Street and 9e Avenue;#95045
We, LYDA EXCAVATING,INC. ,as"Principal,"
(Name of Principal)
and IRONSHORE INDEMNITY,INC. ,au MINNESOTA Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon,as"Surety,"hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns to pay unto the City of Tigard
("Obliigee'l the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID and /100
Dollars 49%0F7MWfAl.,w0rrraF
ndmo
WHEREAS,the condition of the obligation of this bond is the Principal has submitted a bid or proposal
to the Obfiigee in response to Obligee's solicitation for the project identified as Sidewalk Infill-N.Dakota
Street and 95'Avenue,which bid or proposal is made a part of this bond by reference,and Principal is
required to furnish bid'secutity in an amount equal to ten percent(10%)of the total amount of the bid
pursuant to the solidtation document.
NOW,THEREFORE,if the bid or proposal submitted by Principal is accepted,and if a contract pursuant
to the proposal or bid is awarded to Ptincipal,and if Principal enters into and executes such cootract within
the time specified in the said documents and delivers to Obligee its good and sufficient Performance Bond
and Payment bond required by Obligee within the time fixed by Obligee,then this obligation shall be void;
otherwise,it shall remain in full force and effect.
IN WITNESS WHEREOF, we have caused dtis instrument to be executed and sealed by our duly
authorized legal representatives this 22nd day of JANUARY Z �6
PRINCIPop C. SURETY: IRONSHOIE INDEMNITY,INC
B VBYATTORNEY IN-FACT
Siytr�tur
,�l•[�fcLLYOA- " JQMR MCQMICK,ATTORNEY-IN-FACT
Name&,,TiPrint Name-
Attest: �-
Si re.
155 NE 100th ST,STE 201
�11111NI0� Address
SEATTLE,WA 98125
City State Zip
r J► •� r
� � M
•, r
NN
li. BID 800KLE1' 261 V.:r
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
E Of A RN
SUR40008483
Iranshare Immmnity Inc.
KNOW ALL MEN BY THESEPRESE J INDEMNITY INC.,a Minnesota Corporation,with its principal ofRce in Now York NY does
hereby ca d[k to and appolrrh JE W win its true end lawful AscomeWn-Fact to make,execute.seal and deliver for,
and on its belwlf as surety,a BID BOND under bond or undertaking number 9UR4OOO8483 issued on
behalf or, LYDA EXCAVATING,INC. es principal In the panatsum of tsueFT wvTAL
AIAXWOFMMBM
This autlaAty Is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INutanneiY INL. on me
22M pay of AWS,2013 as follows:
Resolved,that the 01mctor of the Company Is hereby authored to appoint end empower any representative of the company or other person or'
persons as AMmeyln-Fact to execute an behalf of the Company any bonds,undertaklrgM policies,contracts of indemnity or WmrwMings obligatory
M natureof a bond not to exceed r � dollars,which the Company might execute.through Its duly elected of kers,and aft the east of the
Company thereto.Any sold exekm of weircutdocumenU by an AttomeHn-Fact shag be as binding upon the Coma as if
executed and acknowledged by the regularly elected oiikens of the Com n n-Fecy so a P been duly
��•Any Acorn� appointed,may be rem moved forgood cease and
lira a
udwx ty so grehted may be revoked as specified in the Power of Atom".
Resolved,that the signature of the Director and the sesi of the Company may be affixed by fealmile an any power of attorney granted,and the
signature of the Secretary,and the seal of the Company maybe affixed by facsimile to any certificate of any such power and any such power or
certdicate bearing such facsimile signature and seal shell be valid and binding on the Company.Any such power so executed and sealed and cartilicate
so&Ao ted and sealed shall,with mqmd:to any bond of underteldng to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF.lRONSHORE INDEMNITY INC.has'®used thisinmtrument to be signed by lb'Director,end Its Corporate Seal to be affixed this
le Day of May,2D13.
I11DAIS11DRE INDEMNITY INC.
e
SEAL
Ewa
Daniel L
Director
ACKNOWUMPABW
On this P Day of May,2013„before me,Personally came Dedd L Sussman to me known,who being duly room,did depose and say that he is ttue
Dlreftr of hunmhore Inderrmity,bhe,the corporation described in and which executed the above Instrument;that he exearted.said instrument an
behalf of the corporation by authority of hie office under the Bylaws of aid fin.
rR'Iambll
NOfAiir
p>JBMWW "'`flat Dobbs
Notary Public
MYOOIIbgBal M
1E
1.the underaignad,Secretary of IRONSHORE INDEMNITYSING Innesota Company,DO HEREIN MRTWT that the original Power of Attorney of
which the foregoing Is a true and correct copy.Is In full force and off n revoked and the resolutions as-set forth are resw in force.
Spited and saw at this 22nd Day of January ,2016 ,
eaa�
saTm
Paul L ttlordano
Secretary
'WA11NIN6s Any person who knowingly and with latent to defraud any insurance company or other pemon,flim and application br insurance or ststarnarrt of dyne
eorhtaMeg any eraterbEy fame Irdonnatlon,or mm"for ties purpose of mWeeding Information oncerWng any fact nvmteriei theismh commis a*SWUWA
bhnoaute ad.vrW1 b•crime mad subJeW such parson to abnbhol end dd prnneRtaa.•
III. CONTRACT BOOKLET
ATTACHMENT F
PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT
CITY OF TIGARD
SIDEWALK INFILL—N. DAKOTA STREET AND 95`s AVENUE:#95045
THIS CONTRACT,made and entered into this 9'h day of March,2016,by and between the City of Tigard,a
municipal corporation of the State of Oregon, hereinafter called "City" and Lyda Excavating, 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;-
THERE-FORE,
roposal;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 porous concrete sidwalk
B. Construction of concrete curbs and ramps
C. Asphalt concrete paving
D. Rectangular Rapid Flashing Beacon Installation
E. Temporary signage,protection,and traffic control
F. Performance of additional and incidental work as called for by specifications and plans
G. Extra work as encountered and mutually agreed upon by the Parties.
2. Prevailing Wade
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the workmen in each trade or occupation required for the work to be done
pursuant to the contract, employed in the performance of the Contract, either by the Contractor or
Subcontractor or other person doing or contracting to do any part of the work contemplated by the
Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the
Commissioner of the Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for
those labor and services and withhold these amounts from payments that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that
the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt
For contracts$50,000 or greater,the City shall pay a fee equal to one-tenth of one percent(.001) of the
price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the
first progress payment or sixty(60) days from the date work first began,whichever comes first
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and performance pertauung to this Agreement,in the City of Tigard, Oregon, and by this
reference made a part hereof to the same legal force and effect as if set forth herein in full. The
contract documents include the documents with the following 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@tigard-or.gov.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Mike Lyda.
7. Contractor Identification
Contractor shall famish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor One Hundred Twenty Three Thousand
Three Hundred Fourteen and 50/100 Dollars ($123,314.50) for performance of those services
provided hereunder,with an estimated additional amount of Eight Thousand Three Hundred and
No/100 Dollars ($8,300.00) in additional work yet to be designed. Payment shall be based upon
the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or performed
according to the terms of the Agreement The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment
Payment constitutes full compensation to the Contractor for furnishing all materials, equipment,
labor, and incidentals necessary to complete the Work, and for risk, loss, damage, and expense
arising from the nature or prosecution of the Work or from the action of the elements, subject to
the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the
Project in the unit price for each Pay Item of Work to be performed.
When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item, the same materials or work will not be
measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,
Tigard, Oregon 97223, a statement of services rendered, indicating the description of each service
used in the proposal and the dollar amount of each service completed through the state date,
together with a request for payment duly verified by the Contractor's Representative and copies of
certified payroll statements.
Payment by the City shall release the City from any further obligation for payment to Contractor
for services performed or expenses incurred as of the date of the statement of services. Payment
of installments shall not be considered acceptance or approval of any work or waiver of any
defects therein. City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding in fixture fiscal years shall be
contingent upon budgetary approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25%
of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "Time of Completion" is defined in the Bid
Proposal, and agrees to complete the work by said date. The Contractor and City agree that the
City will suffer damages each day the work remains uncompleted after the Time of Completion
and that the amount of those damages are difficult to calculate. Contractor and City agree that a
reasonable amount of damages for late completion is$500.00 per day and Contractor agrees to pay
damages in that amount if the work is not completed by the Time of Completion.
C. Final Payment:The Contractor shall notify the City in writing when the Contractor considers the
project complete,and the City shall,within 15 days after receiving the written notice,either accept
the work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month on
the final payment due the Contractor,to commence 30 days after the work under the Contract has
been completed and accepted and to run until the date when final payment is tendered to the
Contractor. If the City does not, within 15 days after receiving written notice of completion,
notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest
provided by this subsection shall commence to run 30 days after the end of the 15-day period.
As a further conditions of final acceptance, the City may requite the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall
be deemed to be an independent Contractor as defined by ORS 670.600 and not an employee of
City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall
be solely responsible for all payments and taxes required by law. Furthermore, in the event that
Contractor is found by a court of law or any administrative agency to be an employee of City for
any purpose, City shall be entitled to offset compensation due, or to demand repayment of any
amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits
or other remuneration Contractor receives (from City or third party) as a result of said finding and
to the full extent of any payments that City is required to make (to Contractor or to a third party)
as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any partnership or
corporation in which a City employee has an interest, has or will receive any remuneration of any
description from Contractor, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
C. If this payment is to be charged against Federal funds, Contractor certifies that he or she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
D. Contractor and its employees, if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year by
any public employer participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
F. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
10. Subcontracts-Assignment&Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully
responsible for the acts or omissions of any Subcontractors and of all persons employed by them,and
neither the approval by City of any Subcontractor not anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
11. Contractor-Payment of Benefits -Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material
for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard,on account of
any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's Surety
shall file certified statements with the City in writing in form prescribed by the Commissioner of
the Bureau of Labor and Industries,certifying the hourly rate of wage paid each worker which the
Contractor or the Subcontractor has employed upon such public work, and further certifying that
no worker employed upon such public work has been paid less than the applicable prevailing rate
of wage, which certificate and statement shall be verified by the oath of the Contractor or the
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or
Subcontractor has read such statement and certificate and knows the contents thereof and that the
same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for the
prior week,including the same and address of each worker, the worker's correct classification,
rate of pay,daily and weekly number of hours worked,deductions made and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements shall also be filed at the
same time with the Commissioner of the Bureau of Labor and Industries. Certified statements
shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a period of three
years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment of
any claim for labor or services famished to the Contractor or a Subcontractor by any person in
connection with this contract as such claim becomes due, the proper office of the City of Tigard
may pay such claim to the person furnishing the labor or services and charge the amount of the
payment against funds due or to become due to the Contractor by reason of such contract.
Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day,
or 40 hours in any one week,except in cases of necessity or emergency or when the City deems it in
the best interest of the public or policy absolutely requires it, in which event, the person so
employed for excessive hours shall receive at least time and a half pay for the following.
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the
work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount
of money paid the employee for such work as determined by state law, the City's personnel rules
or union agreement. The Contractor shall require every subcontractor to comply with this
requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a subcontractor,
the Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 279C.580,unless
payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
279C.515(2). If the Contractor or any subcontractor fails, neglects, or refuses to pay a person
furnishing labor or material, the person may file a complaint with the Construction Contractors
Board,unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors an
interest provision for such payments in compliance with ORS 279C.580. Contractor shall include
a clause in each contract with a subcontractor requiring the subcontractor to meet the same
payment and interest standards as required by ORS 279C.580 (4).
12. Drug Tesf=Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors
to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a
drug-testing program is in place by signing of the contact. The drug testing program will apply to all
employees and will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract
13. Contractor's EMIQyee 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 appointed for Contractor, or if there is an
assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time specified
herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its terms,
and after receipt of written notice from City, fails to correct such failures within ten (10) days
or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including breach of
contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b),Contractor shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred, an amount which bears the
same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by
Contractor bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any, sustained
by City due to breach of contract by Contractor. Damages for breach of contract shall be those
allowed by Oregon law,reasonable and necessary attorney fees,and other costs of litigation at trial
and upon appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts,and transcripts.
17. Work is Pmperty of Cit),
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable,the Contractor represents that it will comply with Executive Order 11246
as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as
amended and the Age Discrimination Act of 1975,and all rules and regulations issued pursuant to
the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the amendment of existing
statutes, ordinances or regulations occurring after the submission of the successful bid, the City
shall issue a Change Order setting forth the additional work that must be undertaken. The Change
Order shall not invalidate the Contract and there shall be,in addition to a reasonable extension,if
necessary, of the contract time, a reasonable adjustment in the contract price, if necessary, to
compensate the Contractor for all costs and expenses incurred,including overhead and profits, as
a result of the delay or additional work.
Pursuant to ORS 279C.525(I), 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 Commission
➢ Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
➢ State Engineer
➢ State Land Board
➢ Water Resources Board
LOCAL AGENCIES
➢ City Council
➢ County Court
➢ County Commissioners,Board of
➢ Port Districts
➢ Metropolitan Services Districts
➢ County Service Districts
➢ Sanitary Districts
➢ Water Districts
➢ Fire Protection Districts
19. Ch es
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 claire will not be allowed. Whether made pursuant to this section or by mutual
agreement, no change shall be binding upon City until a Change Order is executed by the Authorized
Representative of City,which expressly states that it constitutes a Change Order to this Contract. The
issuance of information, advice, approvals, or instructions by City's Representative or other City
personnel shall not constitute an authorized change pursuant to this section. Nothing contained in
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract,as changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled, including, but not restricted to, an act of God or of a public enemy,
volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo,
unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the
party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party
in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms
of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any future
occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under
warranties contained in or implied by this contract.
23. Attorne '�s Fees
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs
including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the proposal of the Contractor, this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local
laws,it being understood that acceptance of a contractor's work by City shall not operate as a waiver or
release.
Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold them
harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs
or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or
not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way
arise from, during or in connection with the performance of the work described in this contract,
except liability arising out of the negligence of the City and its employees. If any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this indemnification.
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover allrisks arising directly or indirectly
out of Contractor's activities or work hereunder, including the operations of its subcontractors of any
tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the
interests of City and that any other insurance maintained by City is excess and not contributory
insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain,at contractor's expense,and
keep in effect during the term of this contract, Comprehensive General Liability Insurance
covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or
equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided
under this contract The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's expense, and
keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability
coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single
Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work,labor or materials under this Contract are subject employers under the
Oregon Workers'Compensation Law and shall comply with ORS 656.017,which requires them to
provide workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their workers
who work at a single location within Oregon for more than 30 days in a calendar year. Contractors
who perform work without the assistance or labor of any employee need not to obtain such
coverage." This shall include Employer's Liability Insurance with coverage limits of not less than
$1,000,000 each accident
D. Additional Insured Provision: The City of Tigard, Oregon,its officers,directors,and employees
shall be added as additional insureds with respect to this contract All Liability Insurance policies
will be endorsed to show this additional coverage.
E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the right to reject all or any
insurance carrier(s)with an unacceptable financial rating.
F. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until
the required certificates have been received and approved by the City. The certificate will specify
and document all provisions within this contract A renewal certificate will be sent to the above
address 10 days prior to coverage expiration.
G. Independent Contractor Status: The service or services to be rendered under this contract are
those of an independent contractor. Contractor is not an officer, employee or agent of the City as
those terms are used in ORS 30.265.
H. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
I. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability, professional liability, pollution and errors and omissions policies required by
this contract.
A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing
insurance company,or at the discretion of City,in lieu thereof,a certificate in form satisfactory to City
certifying to the issuance of such insurance shall be forwarded to:
City of Tigard
Attn: Office of Risk Management
13125 SW Hall Blvd
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed above in
event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall
not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor
shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect
connected with this contract.
28. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery or by
mail. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD LYRA EXCAVATING,INC
Attn: Mike McCarthy Attn: Mike Lyda
Address: 13125 SW Hall Blvd Address: PO Box 365
Tigard,Oregon 97223 Banks,OR 97106
Phone: (503) 718-2462 Phone: 503-324-8020
Email: miketngdgard-or.gov Email: mvinalvdaex.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments
are to be given by giving written notice pursuant to this paragraph.
29. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement That list shall identify the location of storage and use of all such hazardous substances and
identify the amounts stored and used at each location. Contractor shall provide City with material
safety data sheets for all hazardous substances brought onto City property, created on City property or
delivered to City pursuant to this Agreement For the purpose of this section, "hazardous substance"
means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire
Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any
such survey that it may be required to complete because of substances used in the performance of this
Agreement.
30. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any hazardous wastes;
Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all
applicable federal and state requirements. Contractors shall provide City with documentation,
including all required manifests, demonstrating proper transportation and disposal of any such
hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for any disposal or
storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of
hazardous materials.
31. Severability_
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in frill force and effect
and shall in no way be affected or invalidated thereby.
32. Demolition—Sah=and Recycles
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Reuresentations and Warranties
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer
than six calendar years (or since the firm's inception if less than that) preceding the effective date
of this Agreement,faithfully has complied with:
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316,317,
and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
to Contractor's property,operations,receipts, or income,or to Contractor's performance of or
compensation for any work performed by Contractor,
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
or to goods,services,or property,whether tangible or intangible,provided by Contractor;and
4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of
the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions
of use, transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
mortgages,security interests;liabilities,charges,and encumbrances of any kind.
34. Compliance with Tax Laws
A. Contractor must,throughout the duration of this Agreement and any extensions, comply with
all tax laws of this state and all applicable tax laws of any political subdivision of the State of
Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in
subsection 25.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further,any violation of Contractor's warranty,in subsection 25.0 of this Agreement,that the
Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of
any political subdivision of this state also shall constitute a material breach of this Agreement
Any violation shall entitle the City to terminate this Agreement,to pursue and recover any and
all damages that arise from the breach and the termination of this Agreement,and to pursue-any
or all of the remedies available under this Agreement, at law, or in equity, including but not
limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff and withholding of amounts otherwise due and owing to
Contractor,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages,specific performance,declaratory or injunctive
relief. The City shall be entitled to recover any and all damages suffered as the result of
Contractor's breach of this Agreement, including but not limited to direct,indirect, incidental
and consequential damages, costs of cure, and costs incurred in securing a replacement
Contractor.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may pursue
any remedy or remedies singly,collectively,successively,or in any order whatsoever.
35. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver,
consent,modification,or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver,consent,modification,or change if made,shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement Contractor, by the
signature of its authorized representative, hereby acknowledges that he has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Architect has executed this Agreement on the date hereinabove first written. Approved by Tigard's
Local Contract Review Board at their March 8,2016 business meeting.
CITY OF TIGARD LYDAV-XCaVAI-1.014 INC.
Q�
Signatureig;tu�re
VIa
J ✓tea L• wi-� lel Y
Printed Name&Title Printed Name&Title
Date Date
ATTACHMENT G
PUBLIC IMPRPOVEMENT CONTRACT-PERFORMANCE BOND
CITY OF TIGARD
Sidewalk Infill-N.Dakota Street and 95's Avenue:#95045
Bond Number: SUR40008896
Project Name: avFnn _reosFrrNo.v
IRONSHORE INDEMNITY INC. (Surety#1) Bond Amount No. 1: $ 123,314.50
(Surety#2)* Bond Amount No.2:* $
*Yusing multiple sureties Total Penal Sum of Bond: $__123,314-50
We, LYDA EXCAVATING,INC. as Principal,and the above identified Surety(ies),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective heirs,executors,administrators, successors,and assigns firmly by these presents to pay unto the City
of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond)ONE HUNDRED TWENTY THREE THOUSAND THREE HUNDRED FOURTEEN and 501100s Dollars($123 314 s0l(Provided, that we
the Sureties bind ourselves in such sum"jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly
and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such
Surety),and
WHEREAS,the Principal has entered into a contract with the City of Tigard,the plans, specifications,terms,
and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans,standard specifications,
special provisions,schedule of performance,and schedule of contract prices,are made a part of this Performance
Bond by reference,whether or not attached to the contract(all hereafter called"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements,plans,and specifications,and all authorized modifications of the Contract which increase the amount
of the work,the amount of the Contract,or constitute an authorized extension of the time for performance,notice
of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the principal herein
shall faithfully and truly observe and comply with the terms of the contract and performs the contract within
the time prescribed by the contract,then this obligation is null and void;otherwise it shall remain in full force
and effect. If the contractor is declared by City to be in default under the contract,the surety shall promptly
remedy the default,perform all of contractor's obligations under the contract in accordance with its terms and
conditions and pay to City all damages that are due under the contract.
This obligation jointly and severally binds the contractor and surety and their respected heirs, executors,
administrators, and successors. Nonpayment of the bond premium shall not invalidate this bond nor shall
the City of Tigard be obligated for the payment of any premiums.
This bond is executed for the purpose of complying with ORS 279C and the Tigard Public Contracting Rules,
the provisions of which are incorporated herein and made a part hereof.
Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract, or the work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time,alteration, or addition to the terms of the contract or to the work or
to the specifications.
11I. CONTRACT BOOKLET 42 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 26th day of FEBRUARY 2016
PRINCIPE„ LYDA FXCAVATING,INC.
By
attire p
Printed Name&Title
Attest:
SURETY: IRONSHORE INDEMNITY INC.
(Add,rignamm for each surety if u-ing multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surety bon(t)
,,``�<s�'^tl � Jenifer cCormick,Attorney-in-Fact
o �iy�i ';a
s a iy
Srt S q= i
y 1816
155 NE 100TH STREET,SUITE 201
Address
SEATTLE WA 98125
City State Zip
(206)281-8411/(206)281-8456
Phone Fax
1II. CONTRACT BOOKLET 43 1 Pa b e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT H
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
CITY OF TIGARD
Sidewalk Infill—N.Dakota Street and 95th Avenue:#95045
Bond Number: SUR40008896
SIDEWALK INF -N.DAKOTA STREET D 95TH
Project Name: AVFN�,P_pA�,F�-,N�os„4s
IRONSHORE INDEMNITY INC. (Surety#1) Bond Amount No. 1: $ 123,314.50
(Surety#2)* Bond Amount No.2:* $
*Yusing multiple sureties Total Penal Sutra of Bond: $___L23,314.50
LYDA EXCAVATING,INC.
We, as Principal,and the above identified Surety(ies),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective heirs,executors,administrators; successors;and assigns firmly by these presents to pay unto the City
of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bon(Wn HUNDRED TWENTY THREE THOUSAND THREE HUNDRED FOURTEEN and 501100a Dollars($123 314 50�Trovlded, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly
and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such
Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard,the plans, specifications,terms,
and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans,standard specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment
bond by reference,whether or not attached to the contract(all hereafter called"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements,plans,and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments,and all authorized modifications of the Contract which increase the amount of the work,or the
cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of any
such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully
and truly observe and comply with the terms,conditions,and provisions of the Contract,in all respects,and shall
well and truly and fully do and perform all matters and things by it undertaken to be performed under said
Contract and any duly authorized modifications that are made,upon the terms set forth therein,and within the
time prescribed therein,or as extended therein as provided in the Contract,with or without notice to the Sureties,
and shall indemnify and save harmless the City of Tigard its officers,agents,and employees against any claim for
direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in
connection with or arising out of the performance of the Contract by the Contractor or its subcontractors,and
shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for
prosecution of the work provided in the Contract-,and shall promptly pay all contributions due the State Industrial
Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in
connection with the performance of the Contract;and shall pay over to the Oregon Department of Revenue all
sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors
pursuant to ORS 316.167,and shall permit no lien nor claim to be filed or prosecuted against the City on account
of any labor or materials furnished;and shall do all things required of the Principal by the laws of the State of
Oregon,then this obligation shall be void;otherwise,it shall remain in full force and effect.
III. CONTRACT BOOKLET 44 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting Rules,
the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 26th day of FEBRUARY 2016
PRINCIPAL: LYDA EXCAVATING,INC.
t
By: -� %
tgnature
Printed Name&Tide
Attest:
SURETY: IRONSHORE INDEMNITY INC.
(Add siignatums for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney mu mpany each surety bonj—
`4 `;^�lo." �' Jenifer M Mc ormick,Attorney-in-Fact
� SAds
Signature
18�® ,eai TH STREET,SUITE 201
�`� SEATTLE WA 98125
,,,�����gnmNt��� City State Zip
(206)281-8411 (206)281-8456
Phone Fax
III. CONTRACT BOOKLET 45 1 P a c e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
POWER OF ATTORNEY
Ironshore Indemnity Inc. SUR40008896
KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with Its principal office in New York,NY does
hereby constitute and appoint: Jenifer M.McCormick its true and lawful Attorney-In-Fact to make,execute,seal and deliver for,
and on Its behalf as surety,a Performance&Payment Bond under bond or undertaking number SUR40008896 issued on
behalf of, Lyda Excavating,Inc. as princlpal In the penal sum of $123,314.50
This authority Is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. an the
22`"I Day of April,2013 as follows:
Resolved,that the Director of the Company Is hereby authorized to appoint and empower any representative of the company or other person or
persons as Attomey-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory
in nature of a bond not to exceed$123,314.50 dollars,which the Company might execute through its duly elected officers,and affix the seal of the
Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as If they had been duly
executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and
the authority so granted may be revoked as specified In the Power of Attorney.
Resolved,that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the
signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or
certificate bearing such facsimile signature and.seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate
so executed and sealed shall,with respect to anybond of undertaking to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF,IRONSHORE INDEMNITY INC.has caused this Instrument to be signed by its Director,and Its Corporate Seal to be affixed this
1"Day of May,2013.
IRONSHORE INDEMNITY INC.
{ SEAL
1 7919
sd�*
By:
DaQSus
Director
ACKNOWLEDGEMENT
On this 1'r Day of May,2013,before me,personally carne Daniel L.Sussman to me known,who being duly swom,did depose and say that he is the
Director of Ironshore Indemnity,Inc.,the corporation described In and which executed the above instrument,that he executed sold instrument on
behalf of the corporation by authority of his office under the By-laws of said corporation.
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pilBLIC
ChrlstopherC Dobbs
.•'r Notary Public
� H I IINt\
MY COMMISSION
June ,21,201 MATE
1,the undersigned,Secretary of IRONSHORE INDEMNITY INC. A Minnesota Company,DO HEREBY CERTIFY that the original Power of Attorney of
which the foregoing is a true and correct copy,Is in full force and effect and has not been revoked and the resolutions as set forth are now in farce.
Signed and Sealed at this 26th Day of February 2016.
Paul S.Giordano
Secretary
"WARNING:Any person who knowingly and with intent to defraud any Insurance company or other person,flies and application for Insurance or statement of claim
containing any materially false information,or conceals for the purpose of misleading information concerning any fact material thereto,commits a ireudulent
Insurance act,which is a crime and subjects such person to criminal and dvll panalties."
ATTACHMENT I
SUPPLEMENTARY GENERAL CONDITIONS
CITY OF TIGARD
Sidewalk Infill—N.Dakota Street and 95"Avenue:#95045
The following provisions supplement and amend the General Conditions(defined in the Agreement).
Section 00120,Bidding Requirements and Procedures--
Note that this section has been modified earlier in these bid documents
Section 00130,Award and Execution of Contract—
Note that this section has been modified earlier in these bid documents
Section 00150.10(a)Order of Precedence-The Engineer will resolve any discrepancies between these
documents in the following order of precedence:
• Contract Change Orders;
• Special Provisions;
• Agency-prepared drawings specifically applicable to the Project and bearing the Project title;
• Reviewed and accepted,stamped Working Drawings;
• Standard Drawings;
• Approved Unstamped Working Drawings;
• Supplemental Specifications;
• Standard Specifications;and
• All other contract documents not listed above
Notes on drawing shall take precedence over 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,"F..xcess 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.
III. CONTRACT BOOKLET 46 111 a t;e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Section 170.72 Indemnity/Hold Harmless--Delete entire section.
Section 170.94 Use of Explosives-- Change the first sentence to read,"The Contractor shall obtain the
Engineer's approval and shall comply with all Laws pertaining to the use of explosives."
Section 180.20(a)Subcontracting Limitations;General--Delete the first sentence.
Section 180.22 Payments to Subcontractors and Agents of the Contractor--Delete the second paragraph.
Section 180.31(b)(1)Reason for Substitution--Add the following word to the beginning of the first bullet:
"In the judgment of the Engineer".
Section 180.50(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 Day following
the date of the Notice to Proceed."
Section 195.10 Payment for Changes in Materials Costs,Delete entire section.
Section 195.12 Steel Material Price Escalation/De-Escalation Clause--Delete entire section.
Section 195.50(a)(2)Value of Materials on Hand -- Delete paragraph.
Section 195.50(b)Retainage: Change the fust 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.
111. CONTRACT BOOKLET 47111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT J
FEDERAL CONTRACT REQUIREMENTS
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CITY OF TIGARD
Sidewalk Infill—N.Dakota Street and 95'"Avenue:#95045
Contract Clauses Required in All Community Development Block Grant(CDBG) Construction
Projects
This contract and the work it will carry out is being funded in whole or in part with funding from the
U.S. Department of Housing and Urban Development through the Washington County Office of
Community Development CDBG program.
1.Access to Records and Retention of Records
The Community Development Block Grant(CDBG)recipient,Washington County Office of Community
Development,the U.S.Department of Housing and Urban Development(HUD),the Comptroller General of
the United States,or any of their duly authorized representatives,shall have access to any books,documents,
papers,and records of the contractor which are directly pertinent to this contract,for the purpose of making
audit,examination,excerpts,and transcriptions.All required records must be maintained b_y the contractor for
four years after the recipient makes final payments and all other pending matters are closed.
2.Section 3 of the Housing and Community Development Act
(Applicable to contracts/subcontracts of$100,000 or rnorr.AND when the funding recipient has tweived$200,000 or morr in
CDBG and/or-other federal fum ng.)
A.The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968,as amended,12 U.S.C.1701u(Section 3).The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low-income
persons,particularly persons who are recipients of HUD assistance for housing.
B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement
Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under
no contractual or other impediment that would prevent them from complying with the part 135 regulations.
C.The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor
organization or workers'representative of the contractor's commitments under this Section 3 clause,and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice.The notice shall describe the Section 3 preference,shall
set forth minimum number and job tides subject to hire,availability of apprenticeship and training positions,the
qualifications for each;and the name and location of the person(s)taking applications for each of the positions;
and the anticipated date the work shall begin.
D.The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of
the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR part 135.
111. CONTRACT BOOKLET 48 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
E.The contractor will certify that any vacant employment positions,including training positions,Haat are filled
(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to
circumvent the contractors obligations under 24 CFR part 135.
F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this
Contract for default,and debarment or suspension from future HUD assisted contracts.
G.With respect to work performed in connection with Section 3 covered Indian housing assistance,section
7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work
to be performed under this contract.Section 7(b)requires drat to the greatest extent feasible(i)preference and
opportunities for training and employment shall be given to Indians,and(ii)preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this Contract that are subject to the provisions of Section 3 and section 7(b)agree to comply with
Section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b).
3.Emerging-Small(ESB),Minority-owned(MBE) and Women-owned ME) Business Enterprises
(Applicable to contracts/subcontracts ofx'25,000 or more in CDBG and/or other funding.)
Affirmative steps must be taken to assure that emerging small,minority and women-owned businesses and
firms located in labor surplus areas are used when possible as sources of supplies,equipment,construction and
services. Affirmative steps shall include the following.
❑ Include any,such qualified firms on solicitation lists.
❑ Assure that such firms are solicited whenever they are potential sources.
O When economically feasible,dhide total requirements into smaller tasks or quantities so as to permit
such firms maximum opportunities for participation through subcontracting.
❑ Where possible,establish delivery schedules which will encourage such participation.
O Use the services and assistance of the Small Business Administration,the Office of Minority,Women
and Emerging Small Business (State of Oregon)and other sources when appropriate.
4.Prohibition on the Use of Federal.Funds for Lobbying(Applicable to federallyfunded contracts/subcontracts of
, 100,000+)
The contractor hereby certifies that:
a.No federal funds have been paid or will be paid,by or on behalf of Washington County Office of
Community Development,to any person for influencing or attempting to influence an officer or employee of
any agency,a Member of Congress;an officer or employee of Congress;or an employee of a Member of
Congress in connection with the awarding of any federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment,or modification of any federal contract,grant,loan,or
cooperative agreement.
b.If any funds other than federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in connection with this federal contract,grant,loan,or
cooperative agreement,the local government shall complete and submit Standard Form-I.I.I.,"Disclosure
Form to Report Lobbying,"in accordance with its instructions.
5.Lead-Based Paint
111. CONTRACT BOOKLET 49111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
The use of lead-based paint on any interior or exterior surface is prohibited.For properties constructed prior to
1978,the construction work performed under this contract is subject to the Lead-Based Paint Regulations
adopted by the Department of Housing and Urban Development(24 CFR Part 35)and by the State of Oregon
(OAR 333.069).
6.Equal Employment Opportunity
Contractor shall comply with the requirements of Executive Order 11246,"Equal Employment Opportunity,"
as amended by Executive Orders 11375,"Amending Executive Order 11246 Relating to Equal Employment
Opportunity,"and as supplemented by regulations at 41 CFR Chapter 60,"Office of Federal Contract
Compliance Programs,Equal Employment Opportunity,Department of Labor,"which provide that no person
shall be discriminated against on the basis of race,color,religion,sex or national origin in all phases of
employment during the performance of federal or federally assisted construction contracts. Contractors and
subcontractors on federal and federally assisted construction contracts shall take affirmative action to insure fair
treatment in employment,upgrading,demotion,or transfer;recruitment or recruitment advertising.
7.Copeland"Anti-Kickback"Act
Contractor shall comply with the Copeland"Anti-Kickback"Act(18 USC 874),as supplemented by
Department of Labor regulations(29 CFR part 3,"Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States'.Contractor and all
subcontractors shall be prohibited from inducing,by any means,any person employed in the construction,
completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled.
8.Davis-Bacon Act(Applicable to CDBG contracts for construction or rehabilitation of housing containing eight or more
CDBG-assistedunits,aqy public facility orpublic improvement contract exceeding$2,000;applicable to HOME contracts far
construction of rebabilltotion of Twelve or more HOME-a costed units.)
All laborers and mechanics employed by contractors or subcontractors on construction work assisted under this
part shall be paid wages at rates not less than those prevailing on similar construction in the locality as
determined by the Secretary,of labor in accordance with the Davis-Bacon Act,as amended(40 USC 276a-
276a-5),and shall receive overtime compensation in accordance with and subject to the provisions of the
Contract Work Hours and Safety Standards Act(40 USC 327-333),and the contractors and subcontractors
shall comply,with all regulations issued pursuant to these Acts and with other applicable Federal laws and
regulations pertaining to labor standards.
9.Contract Work Hours and Safety Standards Act
In compliance with Sections 102 of the Contract Work Hours and Safety Standards Act(40 USC.327-333),as
supplemented by Department of Labor regulations (29 CFR part 5),each contractor/subcontractor shall
compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours.Work in
excess of the standard workweek is pemussible provided that the worker is compensated at a rate of not less
than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.In compliance
with Section 107 of the Act,no laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market,or contracts for
transportation or transmission of intelligence.
10.Clean Air Act and the Federal Water Pollution Control Act
Opp&able to federally funded contracts and subcontracts in excess of$100,000)
111. CONTRACT BOOKLET 50111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
This contract is subject to the requirements of the Clean Air.Act,as amended,42 USC 1857 et seq.,the Federal
Water Pollution Control Act,as amended,33 USC 1857 et seq.,and the regulations of the Environmental
Protection Agency with respect thereto,at 40 CFR Part 15,as amended from time to time.Contractor and any
of its subcontractors agree to the following requirements:
1)A stipulation by the contractor and subcontractors that any facility to be utilized in the performance of any
nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental
Protection Agency(EPA)pursuant to 40 CFR 32;
2)Agreement by the contractor to comply with all requirements of Section 114 of the Clean.Air.Act,as
amended(42 USC 1857c-8)and Section 308 of the Federal Water Pollution Control Act,as amended,(33 USC
1318)relating to inspection,monitoring,entry,reports,and information,as well as all other requirements
specified in.said Section 114 and Section 308,and all regulations and guidelines thereunder;
3)A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification
received from the Director,Office of Federal Activities,EPA,indicating that a facility utilized or to be utilized
for the contract is under consideration to be listed on the EPA list of Violating Facilities;and
4)Agreement by the contractor that he will include or cause to be included the criteria and requirements in
paragraph(1) through(4)of this section in every non-exempt subcontract and requiring that the contractor will
take such action as the government may direct as a means of enforcing such provisions.In no event shall any
amount provided under this contract be utilized with respect to a facility which has given rise to a conviction
under Section 113(c)(1)of the Clean Air Act or Section 309(c)of the Federal Water Pollution Control Act.
11.Debarment and Suspension
Contractor certifies that neither it nor any of its employees or subcontractors are parties listed on the(.general
Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in
accordance with Executive Orders 12549 and 12689,"Debarment and Suspension,"as set forth at 24 CFR part
24.This list contains the names of parties debarred,suspended,or otherwise excluded by agencies,and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
12.Ternunation of Contract
12a Termination by Owner.
1)Without Cause
This contract and the work it will carry-out is being funded in whole or in part with funding from the U.S.
Department of Housing and Urban Development through the Washington County Office of Community
Development CDBG program.
The owner may terminate this contract:
1)In the event that the grant funds are rescinded in part or in whole;or
2)If the work is stopped under an order of any court,or other public authority,for a period of thirty
(30)calendar days,through no act or fault of the owner,owner's employees,or legal representatives.
2)With Cause
The owner may terminate this contract if the contractor is in substantial breach of the provisions contained in
the contract documents and/or repeatedly fails to:
•Comply with federal,state,and local laws and regulations;
111. CONTRACT BOOKLET 511 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
•Provide for the safety of all occupants and public at large during the execution of the work;
•Properly pay subcontractors or suppliers for material or labor;
•Correct defective work;or
•Progress in a timely mannerwhich demonstrates that the contractor can complete the project within the
specified time-frame.
The contractor,upon receipt of written notice from the owner to terminate this contract,shall:
1) Cease operation in a manner that protects and preserves work already performed.
2)Instruct all subcontractors to cease work and cancel all special orders with suppliers.
3)Leave the work site in a condition that is free of hazards to occupants and the public.
If the owner terminates the contract,the contractor may be eligible to receive payment for all work completed,
and for material orders already in progress and for which cancellation is not possible.Payment is contingent
upon the same inspection and approval procedures by owner and grantor as specified for progress payments. If
the owner terminates this contract with cause,the owner may withhold payment until all work is otherwise
completed by reasonable means determined by owner.If the unpaid balance of this contract is not sufficient to
cover reasonable costs incurred by the owner to complete the work,the contractor shall pay the difference to
the owner. If the unpaid balance of this contract is in excess of the reasonable costs incurred by the owner to
complete the work,then the owner shall pay the difference to the contractor.Reasonable costs include architect
fees,administrative fees,and other expenses made necessary by the above causes.
12b. Termination 19,Contractor
Contractor may terminate this contract if
•Work is stopped under an order of any court,or other public authority,for a period of thirty(30)calendar
days,through no act or fault of the contractor,contractor's employees,subcontractors,or other persons or
agents performing work under direct or indirect contract with the contractor;
•Work is stopped due to a declared state of emergency by government action;
•Owner fails to make payment within the time-frame and conditions stated in the Contract Documents;
•Owner repeatedly,through no fault of the contractor,contractor's employees,subcontractors,or other
persons or agents performing work under direct or indirect contract with the contractor,causes delay of the
work;and,such delay constitutes in excess of 100 percent of the total number of days scheduled for completion
of the work specified in the Contract Documents.
12c. Termination by MAfwal Consent
Both parties may terminate this contract by mutual written consent
111. CONTRACT BOOKLET 52 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT K
SPECIAL PROVISIONS
CITY OF TIGARD
Sidewalk Infill—N.Dakota Street and 95'Avenue:#95045
WORK TO BE DONE
The Work to be done under this Contract consists of constructing sidewalk improvements as shown on plans
entitled:
Sidewalk Infill—N. Dakota Street and 95'h Avenue: #95045
APPLICABLE SPECIFICATIONS
The Specification that is applicable to the Work on this Project is the 2008 edition of the "Oregon Standard
Specifications for Construction". All work shall be in accordance with these specifications except where
specifically modified in this document and on the plans. For this project,when the specification says`Agency'
it may typically be understood to mean`City'in project-specific cases,but may refer to the Oregon Department
of Transportation,especially in cases of standards and testing.
All number references in these Special Provisions shall be understood to refer to the sections and subsections of
the Standard Specifications and Supplemental Specifications bearing like numbers and to sections and
subsections contained in these Special Provisions in their entirety.
Section 00120—Bidding Requirements and Procedures
Note that this section has been modified earlier in these bid documents
Section 00130—Award and Execution of Contract
Note that this section has been modified earlier in these bid documents
SECTION 00150-CONTROL OF WORK
Comply with Section 00150 of the Standard Specifications modified as follows:
00150.05 Cooperative Arrangements-Replace this subsection with the following subsection:
00150.05 Partnering Agreement-The Contractor may enter into a voluntary partnering agreement with the
Agency for the Work covered by this Contract. Some elements of this arrangement are described in 00120.95.
The Contractor may exercise the election to enter into a partnering agreement by signing and returning the
fonn provdded with the Notice of Award. If the Contractor elects to enter into a partnering agreement,this
form must be returned no later than the time that the Contractor returns the signed Contract to the Agency.
This form does not need to be returned if the Contractor does not wish to enter into a partnering agreement.
Entering into a partnering agreement does not constitute nor create a legal partnership,joint venture,other legal
Entity,or legal relationship between the Contractor and the Agency.
No partnering agreement shall replace,modify,or suspend the terms of the Contract
If the partnering agreement alternative is selected:
• Within 5 Calendar Days of receipt of the signed form by the Agency,the Contractor and the Engineer
will identify the key personnel who will participate in the orientation workshop. Key personnel should
I1I. CONTRACT BOOKLET 53 11'a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
include key Subcontractors and other stakeholders. The Agency will arrange the workshop time and
location.
• It is intended that the partnering agreement will result in informal agreements that establish an
environment of cooperation between the Contractor and the Agency.
• A working arrangement for the Contractor and the Agency -vvill be developed and, if agreed at the
workshop,committed to writing.
• Either the Contractor or the Agency may withdraw from the partnering agreement upon written notice
to the other. However, no claim or dispute settled or change approved during the existence of the
partnering agreement shall be revived.
• The sole remedy for nonperformance of the partnering agreement shall be the ability to withdraw from
the partnering agreement as stated in the paragraph immediately above.
00150.15(b) Agency Responsibilities-Replace this subsection,except for the subsection number and tide,
with the follow=ing:
The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for
Contractors,Chapter 1.5 (see Section 00305).
00150.15(e) Contractor Responsibilities-Replace this subsection,except for the subsection number and
ride,with the following:
The Contractor shall perform the Contactor responsibilities described in the Construction Surveying Manual
for Contractors,Chapter 1.6(see Section 00305) and the following:
Perform earthwork slope staking including intersections and matchlines and set stakes defining limits for
clearing which approximate right-of-way and easements.
.Add the following subsection:
00150.50(f) Utility Information:
Utility Contact Person's
Name and Phone Number
1. Comcast Corporation Ken Parris,(503) 596-3811
Kenneth Parrisl2,cable.comcast.com
2. Frontier Robert Plant,(503) 644-7153
robert.j.121ant2ftr.com
3. NW Natural Bob Keller, (503) 226-4211 ext.2980
rmk(&nwnatural.corn
4. Portland General Electric Lorraine Katz,(503) 672-5484
Lorraine.Ka tz&gn.con
5. Tualatin`'alley Water District Kevin Schmeltzer
kevin.schmcltzer@tvwd.org
The Contract Plans show Utilities which shall be relocated by private utilities. The following organizations
may be adjusting or relocating Utilities within the limits of the Project during the period of the Contract.The
Contractor shall coordinate with each private utility a minimum of two weeks prior to work taking place in
the area which requires the adjustment or relocation of a Utility.
111. CONTRACT BOOKLET 541 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Utility Contact Person's
Name and Phone Number
1. Comcast Corporation Ken Parris, (503) 596-3811
Kenneth Parris@cable.comcast.com
2. Frontier Robert Plant, (503) 644-7153
tobert.j.plant@ftr.com
3. Portland General Electric Lorraine Katz, (503)672-5484
Lorraine.Katz@12gn.com
4. Tualatin Valley Water District Kevin Schmeltzer
kevin.schmeltzerCWttnv .org
00150.70 Detrimental Operations-Replace the paragraph that begins"The Contractor shall avoid..."with
the following paragraph:
The Contractor shall avoid operations w=hose methods,conditions,or timing may injure people or damage
property or the Work. Damage may include without limitation,staining surfaces with mud or asphalt or
damaging Utilities and foundations.(also see 00150.60,00150.75,and Section 00170)
00150.80 Removal of Unacceptable and Unauthorized Work-Replace the paragraphs that begin"The
Agency will not pay..."and"If,when ordered by..."with the following two paragraphs:
The Agency will not pay the Contractor for unacceptable Work-,except as provided in 00150.25,or for
unauthorized work. The Engineer may issue a written order for the correction or removal of such work at the
Contractor's sole expense.
If,when ordered by the Engineer,the Contractor fails to correct or remove unacceptable Work or remove
unauthorized work,the Engineer may have the correction,removal,or removal and replacement,done by
others and deduct the entire cost from monies due or to become due the Contractor under the Contract.
SECTION 00180—PROSECUTION AND PROGRESS
Comply with Section 00180 of the Standard Specifications modified as follows:
Add the following subsection:
00180.40(c) Specific Limitations-Limitations of operations specified in these Special Provisions include,but
are not limited to,the following.
Limitations Subsection
Cooperation with Utilities ........................................................00150.50
Contract Completion Time.................................................00180.50(h)
Noise Control.............................................................................00290.32
Section 00180.50(h)—Contract Completion Time-Supplement this section with the following:
.All work shall be substantially complete within 30 calendar days from the issuance of the Notice to Proceed,
and all punch list items shall be complete within 45 calendar days from the Notice to Proceed.
III. CONTRACT BOOKLET 551 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
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$500 per.
Calendar Day*.
* Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fined
date basis.
SECTION 00210-MOBILIZATION
Comply with Section 00210 of the Standard Specifications modified as follows:
00210.00 Scope—Add the following to this subsection:
Pre-construction Visual Survey. Prior to commencing any construction activities, the Contractor shall
prepare a recorded visual surrey of all existing features witivn the project limits as well as adjacent properties.
The visual surrey shall be recorded on standard digital equipment and a DVD copy shall be provided to the
Agency for the Agency's review prior to commencing construction. The survey shall show all features within
or adjacent to the project limits which are known or suspected to generate damage claims. The survey shall
also include video of any existing improvements which were damaged prior to construction.
Post-construction visual comparison to the visual survey shall be a basis for determining damage to properties
should a damage claim arise.
00210.40 Mobilization—Add the following bulleted items to the end of this Subsection:
• Obtain all applicable licenses and insurance required by the Contract to complete the work as specified
herein.
00210.90 Payment—Add the following to this subsection:
Payment for mobilization shall also include all costs associated with completing a pre-construction visual
survey and obtaining all necessary licenses and insurance.
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:
• Use portable changeable message signs(PCMS) according to Section 00225.
Replace the bullet that begins,"For all sidewalk or..."with the following bullet and sub-bullets:
• 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.
111. CONTRACT BOOKLET 56111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• 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).
• Pave the alternate pedestrian route surface or provide an.approved, non-slip 60 inch minimum
wide surface meeting the requirements of the ADA.
• Where a 60 inch minimum 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 foractual 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 bullet that begins,"Do not stop or hold vehicles..."with the following bullet:
• 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.
Add the following bullets to the end of the bullet list:
• 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.
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.The contractor shall deliver door-hanger notifications to each residence
or property that is either along a project street and/or whose primary access route would be via the project
street.
00220.60(a-1) Contractor Responsibility-:add the following bulleted items to the end of this Subsection:
• Keep surfaces being used by pedestrians free of all dirt,mud,gravel and other harmful materials.
• Vacuum sweep loose aggregate, soil and other materials on the roadway out of the travel ways at the
end of each day. Swept materials shallbe removed by broom,or other means to prevent pollution of
the storm sewer system or receiving streams.
Ill. CONTRACT BOOKLET 57 111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
SECTION 00225-WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.00 Scope—Add the following to the end of this Section:
The Contractor shall be responsible for all traffic control costs to complete punch-list items.
00225.01(6) Definitions-Replace the"Work Zone"definition with the following definition:
Traffic Control Plan (TCP)—A written and drawn(or computer generated) plan for handling pedestrian,
bicycle,and vehicular traffic on a specific roadway through a work zone.
00225.02 General Requirements-Replace this subsection,except for the subsection number and title,with
the following:
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 TCNL 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 w=ork performed by the Agency will be deducted
from monies due the Contractor.
00225.11 Temporary Signing-Replace the sentence that begins"Furnish new or acceptable temporary signs..."
with the following sentence:
Furnish temporary signs meeting the requirements of the "Acceptable" category- shown in the ATSSA
"Quality- Guidelines for Temporary Traffic Control Devices and Features" handbook, available from the
ATSSA website.
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.
00280.16(d) Inlet Protection-Add the following bullet to the end of the bullet list:
• Compost Filter Sock-Sock material and compost meeting the following requirements:
Ill. CONTRACT BOOKLET 581 p a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• Filter Sock Material-8, 12, and 18 inch diameter., 5 mil thick woven tubular mesh netting
consisting of continuous HDPE filament or polypropylene material with 3/8 inch openings or
100 percent biodegradable burlap or coir as shown.
• Compost-Commercially manufactured coarse compost material meeting the requirements of
Section 03020.
00280.46(d) Inlet Protection-Add the following bullet to the end of the bullet list:
• Type 7: Compost Filter Sock-Install compost filter socks as shown.
SECTION 00290-ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—in first paragraph,change work hours to 7:30 am to 7:00 pm.
SECTION 00305-CONSTRUCTION SURVEY WORK
Section 00305,which is not a Standard Specification,is included for this Project by Special Provision.
Description
00305.00 Scope-Provide construction survey work according to the current edition on the date of
Advertisement, of the ODOT "Construction Surveying Manual for Contractors", except as modified by this
Special Provision. This manual is available on the web at:
hM://w-ww.oa=n.gcnr/ODOT/fAVY/(-:,E Oi4ff:1"RONI(;S/`Pa,ggs/`documents.asl2
The Agency will not establish control stations, perform measurements and calculations for pay quantities, or
perform final "as constructed" measurements, contrary to Section 1.5 of the above referenced manual. The
Contractor's surveyor will be responsible to complete this work.
Afake all supporting computations and field notes required for control of the work and as necessary to establish
the exact position,orientation,and elevation of the work from control stations,including furnishing and setting
construction stakes and marks,reference marks,and additional control stations.
The Engineer will not be responsible for any data translations. An electronic copy of the base drawing, in
autocad.dxvg format shall be delivered to the Contractor's surveyor.
The electronic drawings shall be used by the Contactor's surveyor as a reference,and it shall be the responsibility
of the Contractor to confirm that all data contained within the electronic drawings is consistent with the contract
documents.
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".
III. CONTRACT BOOKLET 59111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
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 xvill be made for all temporary protection and direction of traffic measures
including fiaggers and signing necessary for the performance 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
ollowingWhere 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.
SECTION 00320-CLEARING AND GRUBBING
Comply with Section 00320 of the Standard Specifications modified as follows:
00320.40(b) Preserving and Trimming Vegetation-Replace this subsection Nvith the following subsection:
00320.40(b) Preserving Vegetation and Other Natural Materials:
(1) Within the Work Areas-Avoid injuring vegetation or other natural materials designated to be saved.
Preservation of this vegetation includes protection and special care.
(2) Outside the Work Areas-Avoid injuring vegetation or other natural materials. Confine operations
which may injure vegetation or other natural materials to the work area or to areas that have already been
cleared.
SECTION 00330-EARTHWORK
Comply,with Section 00330 of the Standard Specifications modified as follows:
00330.20 Tamping Foot Rollers-In the paragraph,replace"115 tons"with"15 tons".
00330.41(a-5) Waste Materials-Replace this subsection,except for the subsection number and title,with the
following.
Unless otherwise specifically allowed and subject to the requirements of 00280.03,dispose of materials,
classed as waste materials in 00330.41(a-3),outside and beyond the limits of the Project and Agency
I11. CONTRACT BOOKLET 60111 a S e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
controlled property according to 00290.20. Do not dispose of materials on wetlands,either public or
private,or within 300 feet of rivers or streams.
00330.41(a-9) Excavation Below Grade-Delete the bullet that begins"Unstable Subgrade...".
00330.71 Daily Progress Reports-Delete this subsection.
Replace sections 330.80 through 330.82 with the following:
00330.80 Measurement—Quantities for earthwork shall not be measured. The estimated quantities are
the following:
Excavation—135 CY
Embankment—20 CY
Replace sections 330.90 through 330.94 with the following:
00330.90 Payment—Payment for earthwork shall be made by the lump sum bid item for Earthwork and
shall be payment in full for furnishing,hauling and excavating or placing all materials,and for furnishing all
equipment,labor,and incidentals necessary to complete the work as specified.
SECTION 00331-SUBGRADE STABILIZATION
Comply with Section 00331 of the Standard Specifications.
SECTION 00350-GEOSYNTHETIC INSTALLATION
Comply with Section 00350 of the Standard Specifications modified as follows:
00350.10 Materials-Add the following to the end of this subsection:
Provide manufacturer's certifications complying with 02320.10(c) for the following geosynthetic(s):
Certification
Geotextile Level A Level B
Drainage,Type 2...........................................................x
SECTION 00405-TRENCH EXCAVATION,BEDDING,AND BACKFILL
Comply,with Section 00405 of the Standard Specifications.
SECTION 00430-SUBSURFACE DRAINS
Comply,-ith Section 00430 of the Standard Specifications.
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.
111. CONTRACT BOOKLET 61 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
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
ollowingCGC mixed work items listed in 00440.14(a)may be field mixed conventionally,or by volumetric/mobile
mixers conforming to ASTTvi C 685.
When approved,concrete sidewalks,concrete driveways,and other flat concrete surfaces may be field mixed
using volumetric/mobile mixers conforming to AST-11vi C 685.
00440.14(a) General-In the work item list,replace the square tube sign support line with the following line:
Perforated Steel Square Tube Sign Support Footings............00920
00440.14(b) Delivery Tickets-Replace the last sentence with the following.
Delivery tickets are not required for field-mixed concrete except when volumetric/mobile mixers are used.
SECTION 00442-CONTROLLED LOW STRENGTH MATERIALS
Comply with Section 00442 of the Standard Specifications.
SECTION 00445-SANITARY,STORM,CULVERT,SIPHON,AND IRRIGATION PIPE
Comply with Section 00445 of the Standard Specifications modified as follows:
00445.80(a) Pipes-In the length bullet,add",to the nearest foot"after the word"applicable".
SECTION 00470-MANHOLES,CATCH BASINS,AND INLETS
Comply with Section 00470 of the Standard Specifications modified as follows:
00470.10 Materials-Replace the subsection reference for"Precast Concrete Manholes,Catch Basins and
Inlets..."with"02450".
SECTION 00480-DRAINAGE CURBS
Comply with Section 00480 of the Standard Specifications modified as follows:
00480.90 Payment-Add the following after the first paragraph:
The accepted quantity of Asphalt Concrete Berm will be paid for at the Contract unit price,per foot,for the
item"Asphalt Concrete Berm'.
111. CONTRACT BOOKLET 62(P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
SECTION 00490-WORK ON EXISTING SEWERS AND STRUCTURES
Comply with Section 00490 of the Standard Specifications.
SECTION 005%-RETAINING WALLS
Comply with Section 00596 of the Standard Specifications supplemented and/or modified as follows:
00596.00 Scope—Add the following
SECTION OB596-PREFABRICATED MODULAR RETAINING WALLS
OB596.00 Scope-This work consists of furnishing and constructing new prefabricated modular gravity
retaining walls or adding to existing prefabricated modular gravity walls as shown and specified.
OB596.00 Materials—Add the following subsections:
Select one of the following preapproved Prefabricated Modular proprietary retaining wall systems for the
new wall,as shown:
• Keystone,Standard or Compac Unit,Color Gray,website:www.kevstonewalls.com
• Mutual Materials,Corner Stone (11100 or 8200 Unit)—Radius Face,Color Gray,
wwv,.mutualrnaterials.com
• Wilamette Graystone,Anchor Diamond Pro,Color Granite,www.willamettegraystone.com
• Or approved equal.
Crushed surfacing backfill shall meet the requirements of Section 641 of the Standard Specifications.
Other materials shall be as noted on the Plans,or as recommended by the approved modular block wall
manufacturer. For wall construction adding to existing walls,contractor shall utilize the same block,color
and facing type as existing.
OB596.10 General—Add the following-
(a)
ollowing(a) Proprietary Retaining Wall Systems-Provide all proprietary retaining wall system components
from the same wall manufacturer. If there are conflicts between the Manufacturer's requirements and
the Agency's requirements,the Agency's requirements prevail.
(b) Nonproprietary Retaining Wall Systems-Provide materials according to the applicable material
Specifications.
(c) Quality Control-Provide quality control according to Section 00165.
Construction
OB596.60 General—Modular Block Retaining Walls shall be constructed in accordance with the
manufacturer's design and specification.
TOLERANCES
Ill. CONTRACT BOOKLET 63111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
A. Tolerances shall conform to the following.
1. Variation from plumb: 1/4 inch in 10 feet
2. Variation from level: Top of walls, 1/2 inch in 20 feet
3. Variation from line: Face of walls, '/i inch in 20 feet
OB596.60 Protecting Work-Protect and repair work as follows:
• Do not allow runoff from adjacent areas to enter the wall construction site during construction
operations.
• At the end of each day's operation,direct potential runoff away from the wall by sloping the last lift
of backfill away from the wall.
• Rework and repair all damaged subgrade areas to the depth where undamaged work is encountered.
OB596.80 Measurement-No measurement of quantities will be made for construction of new retaining
walls or addition to existing retaining walls.
The estimated quantities of new exposed face of retaining walls are:
Station Limits Area
95`''Avenue Sta. 10+47 to Sta.10+60(Lt) 20 sq.ft.
95`'Avenue Sta. 11+41 to Sta. 11+79(Lt.) 50 sq. ft.
95''Avenue Sta. 13+21 to Sta. 13+75 (Lt) 40 sq. ft
N.Dakota Sta. 3+48 to Sta.3+92(added to existing wall) 50 sq. ft.
Excavation below elevations shown will be considered incidental to the wall.
Payment
OB596.90 Payment-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:
Pay Item Unit of
Measurement
(a)Retaining Wall,Prefabricated Modular Gravity(0-4'Tall) Lump Sum
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.
No separate or additional payment will be made for.
• manufacturer's representative
• excavation,shoring,leveling pads,and specified backfill
• wall drainage and filter systems
• cast-in-place and precast standard coping
11I. CONTRACT BOOKLET 64111 a b e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue;Project No.:95045
SECTION 00641-AGGREGATE SUBBASE,BASE,AND SHOULDERS
Comply with Section 00641 of the Standard Specifications modified as follows:
00641.12 Limits of Mixture-Replace this subsection,except the subsection number and tide,with the
following two.paragraphs:
Provide a mixture of aggregate and water having a uniform moisture content sufficient to obtain the
required compaction. Proportions will be in percentages by weight and will be known as the Mix Design.
Deterniine the proportion of aggregate and water according to the MFIP. The amount of water for the
Mix Design will be based on the dry weight of the aggregate.
When introducing water at the mixing plant,furnish the mixture with a tolerance of±2%of the optimum
water content at the time of mixing. If approved,excess percentage of water may be allowed. The Agency
will treat excess percentage of water according to 00641.80(d).
00641.41 Mixing,Hauling,and Placing-Replace the sentence that begins"Add water to the aggregate..."
with the following two sentences:
Add water to the aggregate while mixing to provide a moisture content according to 00641.12 and
paragraph(a)of this subsection. Road mix is not allowed on this Project.
00641.44(a-1) Dense-graded Aggregates-In the paragraph,replace"100%"with"95"/0".
00641.80(b) Volume Basis—Replace this subsection,except for the subsection number and tide,with the
following.
Measurement shall be per cubic yard of compacted material in place as determined by cross section from
design surveys and design grades as shown or as directed by the Engineer.
SECTION 00730-EMULSIFIED ASPHALT TACK COAT
Comply with Section 00730 of the Standard Specifications modified as follows:
00730.90 Payment-Replace this subsection,except for the subsection number and title,with the following:
No separate or additional payment will be made for emulsified asphalt tack coat.
SECTION 00744-MINOR HOT MIXED ASPHALT CONCRETE(MHMAC)PAVEMENT
Comply with Section 00744 of the Standard Specifications modified as follows:
00744.01 Abbreviations-Add the following abbreviation to the beginning of the list:
MAMD -Moving Average Maximum Density
00744.02 Definitions-Add the following definitions:
111. CONTRACT BOOKLET 65 111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Lot Size-A lot is the total quantity of material or work produced per JN¢per project. The following
circumstances will require a different lot:
• A new JXIF is used.
• The method for measuring compaction is changed.
• A change from one test procedure for measuring asphalt content to another test procedure for
measuring asphalt content occurs.
The Engineer may alloxv material for irregular areas not completed during the main paving operations,such
as driveways or guardrail flares to be evaluated as a separate lot.
Sublot Size-A sublot is 1,000 tons of MHMAC,or the amount of MHMAC placed in a day if less than
1,000 tons is placed.
00744.10 Aggregate-Replace the paragraph that begins"Furnish coarse,fine,and..."with the following
paragraph:
Furnish coarse and fine aggregates for NIHMAC meeting the following requirements:
00744.10(c) Fractured Faces-In the sentence that begins "Provide crushed aggregate...",replace
"AASHTO TP 61"with"AASHTO T 335".
00744.10(fl Fine Aggregate-Replace the paragraph that begins"Blend Sand..."with the following
paragraph:
Blend sand is allowed for Levels 1,2,and 3 mixes. Do not use more than 6%natural or uncrushed blend
sand,by weight,in the total aggregate. Provide a means of verifying and documenting the amount of blend
sand added to the aggregate.
00744.11(a) Asphalt Cement-Delete the paragraph that begins"Testing of dze asphalt cement...".
Delete the paragraph that begins "Asphalt in RAP material,when blended...".
00744.13 Job Mix Formula(JMF)Requirements-Replace the paragraph that begins"Provide a JNiF for
the Project meeting the following..."with the following paragraph:
Do not begin production of MHMAC for use on the Project until the J111F is reviewed by the Engineer and
written consent is provided to proceed. A new J�is required if the asphalt cement grade,additives,or the
source of the aggregate changes during production. Provide a JMF for the Project meeting the following
criteria:
Add the following paragraph to the end of this subsection:
For dense graded Level 3 wearing course mixes,the mix design submittal shall include the results of the
performance testing as outlined in the latest ODOT Contractor Mix Design Guidelines for Asphalt
Concrete.
00744.14 Tolerances and Limits-Under the"Constituent of Mixture/i lFIMAC All Types"list,delete the
"Asphalt Cement-ODO'T TM 321 (Cold Feed/Meter)..."line.
111. CONTRACT BOOKLET 66 1 1'a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
In the"Constituent of Mixture/HMAC All Types"list,in the item that begins"Moisture content at...",replace
"AVAQTC TNI 6"with"AASHTO T 329".
00744.44 Tack Coat-Add the following paragraph to die end of this subsection:
Treat all paved surfaces on and against which MHMAC is to be place with an asphalt tack coat according to
Section 00730. Immediately before applying the tack coat,clean and dry•the surface to be tacked.Remove
all material,loose or otherwise,that will reduce adhesion of the tack by brooming,flushing with water,or
other approved methods.
Add the following subsection:
00744.48 Hauling,Depositing,and Placing-Haul,deposit,and place MHNIAC as follows:
(a) Hauling-Cover NIHMAC if rain or cold air temperatures are encountered any time between loading
and placement.
MHMAC will be rejected before placing if one or more of the following is found--
•
ound,• Below specified placing temperature limit
• Slumping or separating
• Solidifying or crusting
• Absorbing moisture
• Any other factors that may cause it to not perform as designed.
Dispose of rejected loads at no additional cost to the Agency.
(b) Placing-Alternative equipment and means may be allowed by the Engineer if the use of a paver is
impractical.
Do not place MHN4AC during rain or other adverse weather conditions,unless allowed by the Engineer.
MHMAC in transit at the tune adverse conditions occur may be placed if
• It has been covered during transit
• The MHNIAC temperature is satisfactory.
• It is placed on a foundation free froth pools or flow of water.
• All other requirements are met.
When leveling irregular surfaces and raising low areas,do not exceed 2 inches actual compacted thickness
of any one lift, except the actual compacted thickness of intermittent areas of 1,000 square feet or less
may exceed 2 inches,but not more than 4 inches. This may require portions of the mixture to be laid in
two or more lifts.
Place the mixture in the number of lifts and courses, and to the compacted thickness for each lift and
course,as shown. Place each course in one lift unless otherwise specified. Do not exceed a compacted
thickness of 4 inches for any lift. Limit the minimum lift thickness to twice the maximum aggregate size
in the mix.
111. CONTRACT BOOKLET 67 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Do not intermingle MHMAC produced from more than one JMF. Each base course panel placed during
a working shift shall conform to a single JMF. The wearing course shall conform to a single JNfF.
SECTION 00749-MISCELLANEOUS ASPHALT CONCRETE STRUCTURES
Comply with Section 00749 of the Standard Specifications modified as follows:
Add the following subsection:
00749.14 CLSM-CISM for asphalt concrete pavement repair adjacent to curb shall be per section 00442.
00749.92 Method"B"-Complete in Place Basis-Add the following item to the end of the list:
Pay Item Unit of
Measurement
(g) Asphalt Concrete Pavement Repair Adjacent to Curb Foot
Item(g)includes sawcutting and furnishing and installation of MH.MAC and CISM to the depths noted on the
project plans.
SECTION 00756-PLAIN CONCRETE PAVEMENT
Comply with Section 00756 of the Standard Specifications:
Section 00758,which is not a Standard Specification,is included for this Project by Special Provision.
SECTION 00758-POROUS CONCRETE PAVEMENT
00758.00 Scope-This work consists of furnishing,placing and finishing commercial grade concrete curbs,
porous concrete walks,and miscellaneous surfaces.The commercial grade concrete items in this Section will be
collectively referred to as"structures".
Materials
00758.10 Materials- Materials on this project shall conform to all requirements of ACI 522.1,'Specification
for pervious concrete pavement,'published by the American Concrete Institute,Farmington Hills,iMichigan.
Course Aggregate in section 2.1 of ACI specification to be 1/4'-#10
Construction
00758.10 Construction-Construction on this project shall conform to all requirements of ACI 522.1
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 as necessary to guard the fresh concrete during this time.The number of
personnel onsite shall be as necessary 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.
111. CONTRACT BOOKLET 6811-1 a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Measurement
00758.80 Measurement-Measurement for"Porous Concrete Walk"will be by the square foot regardless of
pattern type for work actually constructed and accepted.
Payment
00758.90 Payment-
Pay Item Unit of
Measurement
(a) Porous Concrete Walk Square Foot
The unit cost contract price for"Porous Concrete Walk"will be full payment for all costs necessary to perform
the work including permeable ballast surfacing,compaction,concrete placement,scoring,joints,joint filler and
caulking materials,finishing,required quality control testing at the frequency outlined in ACI 522.1,use of
weather protection devices and all other work necessary to complete the work as described herein.
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 this subsection:
Contractor shall be responsible for ensuring curb ramps meet ADA requirements as constructed.
00759.50(e)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 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 slum.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 as necessary to guard the fresh concrete during
this time.The number of personnel onsite shall be as necessary 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.
III. CONTRACT BOOKLET 69(P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
All costs associated with protecting the freshly poured concrete shall be incidental to the sidewalk pay items.
Add the following subsection:
00759.53 Restoration of Adjacent Surfacing—After sidewalks are cured and forms are stripped,restore
any disturbed adjacent surfacing to prior condition or better.Restoration work includes but is not limited to
fine grading,bark mulch,sod,and any other work necessary to match conditions.
00759.90 Payment—Add the following pay item:
(k)Truncated Domes...................................................................Square Foot
Add the following paragraph to the end of this subsection:
All costs associated with protecting the freshly poured concrete and restoration of adjacent surfacing
shall be incidental to the applicable pay item.
SECTION 00850-COMMON PROVISIONS FOR PAVEMENT MARKINGS
Comply with Section 00850 of the Standard Specifications:
SECTION 00860-LONGITUDINAL PAVEMENT MARKINGS-PAINT
Comply with Section 00860 of the Standard Specifications modified as follows:
Add the following subsection:
00860.80 Measurement—Replace this section with the following-
00860.80
ollowing00860.80 Measurement No measurement-Neill be made for this lump sum item.
00860.90 Payment-Replace this subsection 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 item:
Pay Item Unit of
Measurement
(a) Longitudinal Pavement Markings,Paint Lump Sum
In Item(a),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.
III. CONTRACT BOOKLET 70111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
SECTION 00867-TRANSVERSE PAVEMENT MARKINGS-LEGENDS AND BARS
Comply with Section 00867 of the Standard Specifications modified as follows:
Add the following subsection:
00867.31 Manufacturer-Certified Installers-Provide certified installer's according to 00850.31.
00867.40 General-Delete this subsection.
00867.45 Installation-Replace the bullet that begins"Type B:Preformed..."with the following bullet:
• Type B-HS:Preformed,Fused Thermoplastic Film High Skid-Install preformed, fused
thermoplastic film high skid,that has intermixed reflective elements urith factory installed crushed
glass or aggregate on the surface for all staggered continental crosswalks,bike lane stencils,bike path
railroad crossings,and other transverse pavement markings as shown.
00867.90 Payment-Replace this subsection,except for the subsection number and title,with the following:
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:
Pay Item Unit of
Measurement
(a) Pavement Bar,Type Square Foot
In items(a)the type of pavement marking material will be inserted in the first blank.
Item(a)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,removal of any conflicting marking
per section 00851 and for furnishing all equipment,labor,and incidentals necessary to complete the work as
specified.
Payment for work under this Section will be limited to 75%of the amount due until the Agency has
received the signed warranty.
SECTION 00905-REMOVAL AND REINSTALLATION OF EXISTING SIGNS
Comply with Section 00905 of the Standard Specifications.
SECTION 00920-SIGN SUPPORT FOOTINGS
Comply with Section 00920 of the Standard Specifications.modified as follows:
00920.80 Measurement-No measurement will be made for sign support footings.
111. CONTRACT BOOKLET 71-111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
00920.90 Payment-No payment will be made for sign support footings as needed to complete the work.
SECTION 00930-METAL SIGN SUPPORTS
Comply with Section 00930 of the Standard Specifications modified as follows:
00930.01 Definitions and Terms- In the"Pipe Sign Supports and Square Tube Sign Supports"definition,
replace the words"Square Tube Sign Supports"with the words"Perforated Steel Square Tube.Anchor Sign
Supports".
In the"Minor Sign Supports"definition,replace the words"Square Tube Sign Supports"with the words
"Perforated Steel Square Tube Anchor Sign Supports".
00930.02 Working Drawings-In the paragraph that begins"Working drawings are not...",delete the
"Square Tube Sign Supports"bullet.
00930.10 Materials-In the paragraph that begins "Furnish galvanized bolts...",add the words"for Minor
Sign Supports"after the words"job site".
In the paragraph that begins"All components of...",replace the sentence that begins"Galvanizing shall
conform to..."with the following sentence:
Except for perforated steel square tube slip base sign supports and for perforated steel square tube anchor
sign supports,galvanizing shall conform to the requirements of Section 025.30. Galvanize perforated steel
square tube slip base sign supports and perforated steel square tube anchor sign supports according to
ASTM A653 G 140.
00930.40(b) Assembly of Metal-Add the following paragraph to the end of this subsection:
Faying surfaces of plates shall be flat to within a tolerance of 1/32 inch in 12 inches and a tolerance of
1/16 inch overall. Base plates with leveling nuts shall be flat to within a tolerance of 1/8 inch in 12 inches
and a tolerance of 3/16 inch overall.
00930.40(e) Welding-Replace the paragraph that begins"Weld steel sign structures..."with the following:
Weld steel sign structures according to AWS 131.1 with the following exceptions:
• AWS 131.1,Clause 3 prequalified welds for complete joint penetration(CJP)are not allowed
• Qualify CJP welds according to AWS 131.1,Clause 4. Perform V-notch (CVN) testing at 70'F
meeting the requirements of the absorbed energy values of Table 4.14.
The fabricator shall inspect welds according to the details and requirements called out on the Contract
Documents. This requirement will override all appropriate weld inspection requirements called out in
Section 5.15 WELDED CONNECTIONS in AASHTO"Standard Specifications for Structural Supports
for Highway Signs,Luminaires,and Traffic Signals". Submit all Procedure Qualification Records,Welding
Procedure Specifications,and testing procedures for Engineer's review prior to starting manufacturing.
Submit certified copies of inspection reports to the Engineer for review.
00930.80 Measurement-.Add the following to the end of this subsection:
I1I. CONTRACT BOOKLET 72 111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
The estimated quantities of structural steel are as follows:
Estimated
Item Quantity
(Pound)
Perforated Steel Square Tube 100 lbs
00930.90 Payment-Replace pay items (n)and(q)with the following pay item:
Item
(c) Perforated Steel Square Tube Anchor Sign Post and Lump Sum
Anchor
00930.90 Payment-Replace the paragraph that begins"No separate or additional payment..."with the
following paragraph:
No separate or additional payment will be made for sign support footings, route marker frames,wind
bracing,pole clamps,stainless steel clamps,mast arm street name sign mounts,or special sign brackets.
SECTION 00940-SIGNS
Comply with Section 00940 of the Standard Specifications modified as follows:
00940.03 Drawings-Replace the sentence that begins"The ODOT sign policy..."with the following
sentence:
The ODOT sign policyis available on the ODOT Traffic-Roadway Section web site.
00940.46 Inspection-Replace the sentences that begin"Inspection will..."and"Testing for..."with the
following sentence:
Inspection will be for conformance to the plans and Specifications,and for conformance to nighttime
visibility.
SECTION 00990—TRAFFIC SIGNALS
Comply with Section 00990 of the Standard Specifications modified as follows:
00990.00 Scope—Replace this section with the following:
This work shall consist of furnishing and installing solar powered rectangular rapid flashing beacons
(.R.RFB),at the locations indicated on the plans or where directed by the Engineer.All work shall be in
accordance with ODOT Standard Specifications and as shown on the plans.
Materials
Add the following subsection:
1II. CONTRACT BOOKLET 73111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
00990.11 RRFB-Supply ODOT Green sheet listed solar powered RRFB systems only.
Construction
Add the following subsections:
00990.48 RRFB-The light intensity of the vehicle indications shall meet the minimum specifications of
Society of Automotive Engineers(SAE)standard J595(Directional Flashing Optical Warning Devices for
Authorized Emergency,Maintenance,and Semzice Vehicles)dated November 2008.Manufacturer
Certification of Compliance shall be provided upon request.
When activated,all.indications associated with a given crosswalk(including those with an advance crossing
sign,if used)shall simultaneously com mence operation of their alternating rapid flashing within 120msec,
and shall cease operation at a predetermined time after the pedestrian actuation.
The Pedestrian indication shall be directed at and visible to pedestrians in the crosswalk,and it shall flash
concurrently with the vehicle indications to,give confirmation that the RRFB-YLr m is in operation.
The system,shall include an actuation counter providing data that can be downloaded on-site to a laptop
computer using DB9 or USB type cables.
Autonomy with a fully charged batterp shall be up to 14-28 days without sun,dependent upon ambient
temperature and number of activations Materials
00990.49 Light Bar Housing and Indications
• The Light Bar housing shall be constructed of durable,corrosion resistant powder-coated
aluminum with stainless steel fasteners.
• Enclosed components shall be modular in design whereby any component can be easily replaced
using common hand tools,without having to remove the housing from the pole.
• All mounting hardware required for mounting the Light Bar housing shall be provided,and shall be
stainless steel.
• Each of the two vehicle RRFB LED indications shall be approximately 7.25"wide x 3"high.
• A pedestrian LED indication,approximately 0.5"wide x 2.5"high,shall be side-mounted in the
Light Bar housing to be directed at and visible to pedestrians in the crosswalk.
• The LEDs used shall be rated for a minimum 15-pear life span.
00990.50 Controller
• The Controller shall be housed in a NEI IA 311 rated aluminum enclosure,intended for indoor or
outdoor use,primarily to provide a degree of protection against corrosion,windblown dust and
rain,splashing water,hose-directed water,and damage from ice formation.
• The LED light outputs and flash pattern shall be completely programmable,with the capability to
actuate RRFB,round I.ED signal beacons and I.ED-enhanced signs.
• The flashing output shall have 70 to 80 periods of flashing per minute,during which one of the
yellow indications shall emit two medium pulses of light and the other yellow indication shall emit
four short rapid pulses of light followed by a long pulse.The output current shall be maintained as
programmed for the duration of the pulse.The flashing output shall be programmable.
• The Controller shall be reconfigurable if future MUTCD or State guidelines specifp a different flash
pattern.
111. CONTRACT BOOKLET 74111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• The Controller shall be capable of storing input/count data in preset intervals,with downloadable
capabilities using optional Windows-based PC software program and standard.RS232 programming
cable.
• The Controller shall be,in the unlikely event of failure,replaceable independently of other
components.
00990.51 Battery
• The Battery shall be a 12VDC Absorbed Glass Mat(AGM)sealed lead-acid,maintenance-free
battery.
• The Battery shall berated at 45AH minimum and shall conform to Battery Council International
(BCI)specifications.
• The Battery shall be solar-charged with a capacity up to 30 days of autonomy without sunlight,
varying with ambient temperature and number of activations.
• The Battery shall be replaceable independently of other components.
• The Battery shall have a minimum operating temperature range of-76°to 140'F(-60"to 609C).
00990.52 Wireless Transceiver Radio
• Radio control shall be solar-powered,operating on a FCCapproved 900mhz frequency,hopping
spread spectrum network,%ith a normal operating range of 1000 feet.
• Radios shall provide wireless communication between the Assemblies to.integrate the pushbutton
activation of indications.
• To ensure all integral indications consistently flash in unison,the Radio shall synchronize the
Controllers to activate the indications within 120msec of one other and remain synchronized
throughout the duration of the flashing cycle.
• Radio systems shall operate from 3.6 VDC to 15VDC
• The Radio shall be,in the unlikely event of failure,replaceable independently of other components.
• The Radio shall have a minimum operating temperature range of-30°F to 165�F(-34.49 to 73.8'C).
00990.53 Solar Panel
• The Solar Panel shall provide 55 watts at peak total output.
•
The Solar Panel shall be affixed to an aluminum plate and bracket,adjustable at an angle of 45°-60°
to facilitate adjustment for maximum solar collection and optimal battery strength.
• The Solar Panel Assembly(panel,plate and bracket)shall be mounted on a 360'rotatable pole cap
mount,to facilitate adjustment for maximum solar collection and optimal battery strength.
• Rated for 90mph wind conditions
• The Solar Panel shall have a minimum operating temperature range of-400 to 1850F(40"to 850C).
00990.54 Signs and Plaques
• All signs shall conform to MUTCD standards.
• All sign blanks and plaques shall be Federally specified.080 gauge,5052 aluminum.
• Unless specified otherwise,sign sheeting shall be 31NfrM DG3 diamond grade cubed or equivalent
prismatic sheeting,with anti-graffiti overlay.
• All sign assemblies shall use provided and-vandal fasteners and tools to mount components to sign,
and sign to fixture.
• Crossing signs shall be W11-2,S1-1 or Wll-15 per MUTCD and the project plans.
• Crossing plaques W16-7P shall also accompany the crossing signs.
III. CONTRACT BOOKLET 75 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• Pedestrian pushbutton instruction signs shall be furnished,at a minunum size of 5""x 7",to be
mounted adjacent to or integral with each pedestrian pushbutton.
00990.55 Bulldog Pushbutton
• The Push Button shall be capable of continuous operation within a temperature range of-30"to
165"F(-34"to 74"C).
• The Push Button shall be ADA compliant,and shall operate as a normally open(n/o)circuit.
Payment
00990.90 Payment-Add the following to the end of the list:
Item
Rectangular Rapid Flashingstem Com re
(h) � P� Beaconsystem,Complete Lump Su
P
Item(h)includes furnishing and installing all items of the RRFB system including the RRFBs,solar panels,
batteries,pedestrian push buttons,poles and foundations,signage and communication systems.
SECTION 01030-SEEDING
Comply with Section 01030 of the Standard Specifications modified as follows:
01030.13(f) Types of Seed Mixes-Add the following to the end of this subsection:
Provide the following seed mix formulas:
• Permanent Seeding:Apply PIS ata rate of 43.631bs/acre (1 lb/1000 SF)
Botanical Name PLS _ (%Purity x %Germination) = Amount
(Common Name) (lb/acre) (minimum) (minimurn) (lb/acre)
Hordeum brachyantherum
(Meadow Barley) 17.45
Bromus carinatus
(California Brom e) 15.27
Festuca rubra rubra
(Native.Red Fescue) 8.73
Deschampsia cespitosa
(Tufted Flairgrass) 1.31
Agrostis exerata
(Spike Bentgrass) 0.87
Ill. CONTRACT BOOKLET 761113 6 e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• Lawn Seeding:apply PLS at a rate of 305 lbs/acre(7 lb/ 1000so
Name PLS _ (%Purity x %Germination) = Amount
(lb/acre) (minimum) (minimum) (lb/acre)
Fine Fescue** 91.0
Perennial Ryegrass** 214.0
**Acceptable varieties(All of these varieties are trademarked):
Fine Fescues:
Creeping Red Fescue: Fortress,Ensylva
Chewings Fescue: Banner,Highlight,Koket,and Jamestown. Pennlaw-n and Cascade are
acceptable only in Eastern Oregon.
Perennial Ryegrass:
Citation,Derby,Diplomat,Manhattan,Omega,Pennfine,Regal,and Yorktown II. Only
Manhattan and Pennfine are acceptable east of the Cascades.
.Add the following subsection:
01030.44(c) Organic Fertilizer-Furnish organic fertilizer that analyzes 4% nitrogen, 6% phosphoric
acid,and 4%soluble potash. Furnish fertilizer that has no tonicity to sites where it will be applied.
SECTION 01040-PLANTING
Comply with Section 01040 of the Standard Specifications modified as follows:
01040.48(a) Method"A" (Cultivated Planting Areas,Non-lawn)- Where topsoil has been removed,is not
adequate, or does not exist, scarify the planting area subgrade to a depth of 6 inches and import six inches of
topsoil.Imported topsoil shall be tested as specified.
Incorporate two inches of soil conditioner into the imported topsoil.Where topsoil is present and is weed free,
incorporate two inches of compost into the top four inches of native soil. Incorporate other amendments,
conditioners and bio-amendments as required by the soil fertility test and soil amendment report and soil bio-
amendment report in order to provide a soil capable of supporting the specified plants.Traditional fertilization
techniques (appl)-ing N-P-K)are detrimental to the soil and should be avoided when using native plants.
01040.49 General Planting—Add the following to the end of this subsection:
The following watering frequencies are required:
• Deciduous trees that are 1 inch and larger,water at a frequency of 15 gallons of water at each tree
at least once every two weeks..
• Conifer trees that are over 4 feet tall,water at a frequency of 15 gallons of water at each tree at
least once ever)-two weeks.
• All shrubs,water at a frequency of 1 inch.of water at least every two weeks.
111. CONTRACT BOOKLET 771 P a S e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
• All herbaceous planting and seeded areas,water at a frequency of 1 inch of water at least every two
weeks.
01040.53 Mulch—Replace with the following:
Apply a 2" deep layer of compost mulch material a minimum of 18" radius around all tree trunks and
minimum 9"radius around all shrubs.
01040.55 Miscellaneous Items—Add the following subsection:
(k) Plant Protection Fencing—Install plant protection fencing and posts as shown on the Drawings and
per manufacturer's recommendations.
01040.80 Measurement —Replace this section with the following:
01040.80 Measurement —The quantities of plantings performed under this section will be measured on the
unit basis for plant materials installed. No measurement will be made for mulch or root barrier as shown on
the project plans.
The quantities of topsoil will be measure on the volume basis in the hauling vehicle. Topsoil taken from the
required excavations according to 00330.10 will be measured according to 00330.82
01040.90(d)Plant material —Add the following to the end of this subsection:
Mulch, soil amendments and root barrier to be installed as shown on the contract documents shall be
considered incidental to the plant material being installed.
SECTION 01070-MAILBOX SUPPORTS
Comply with Section 01070 of the Standard Specifications modified as follows:
01070.14 Post Mounting Socket-Replace this subsection,except for the subsection number and tide,with the
following:
Furnish post anchors from the QPL.
SECTION 02001-CONCRETE
Comply,with Section 02001 of the Standard Specifications modified as follows:
02001.02 Abbreviations and Definitions-Replace the"Modifiers"line with the following:
Modifiers-Pozzolans,ground granulated blast furnace slag,and latex.
Replace the"Pozzolans"line with the following:
Pozzolans-Fly ash,silica fume,and metakaolin.
111. CONTRACT BOOKLET 78111 g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
02001.30 Concrete Mix Design-In the paragraph that begins"Submit new or current...",replace the sentence
that begins"Allow 14 calendar days..."with the following sentence:
Allow 14 calendar days for the review.
Replace the paragraph that begins "High performance concrete..."with the following paragraph and bullets:
High performance concrete (HPC)mix designs shall contain any of the following:
• Cementitious material with 66%pordand cement,30%fly ash,and 4%silica fume.
• Cernenddous material with modifiers proportioned according to 02001.31(c) and with trial
batches performed to demonstrate that the proposed alternate mix design provides a maximum of
1,000 coulombs at 90 days when tested according to AASTHO T 277.
• Cernentitious material with modifiers and with trial batches performed to demonstrate that the
proposed alternate mix design provides a maximum of 1,000 coulombs at 90 days when tested
according to AASTHO T 277.
02001.31(b) Pozzolans-Replace this subsection,except for the subsection number and title,with the following:
Pozzolans or GGBFS may be used separately or in combinations up to 30% of the total cementitious
materials content.
02001.31(c) Modifiers-Replace this subsection,except for the subsection number and title,with the following:
Modifiers may be used separately or in combinations as approved by die Engineer. Alternate HPC
proportions may be:
Fly Ash 12% - 18%
GGBFS 20% - 35%
Silica Fume 3% - 5%
For alternate HPC mix designs do not replace more than 50%of total cementitious material with modifiers.
When silica fume is added to truck mixed concrete,mix the batch a minimum of 100 revolutions at the mixing
speed specified by the manufacturer before leaving the batch plant.
02001.31(f) Aggregate-Replace the paragraph that begins "If the nominal... and the three bullets with the
following paragraph and bullets:
If the nominal maximum size of the coarse aggregate is not included as a part of the class of concrete, or
shown on the plans, any sire from 1 1/2 inch to 3/8 inch nomirtal maximum size aggregate may be used
according to dle ACI guidelines except:
• Use 3/4 inch nominal maximum size or larger aggregates in bridge deck concrete.
• Use 1 1/2 inch nominal maximum size aggregates in paving concrete unless otherwise indicated.
• Use 3/8 inch nominal maximum size aggregates in drilled shafts unless otherwise indicated.
02001.32(b) Plastic Concrete-Add the following to the bottom of the test and test method list:
111. CONTRACT BOOKLET 791 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Length Change ASTM C 157
Permeability AASHTO T 277
Add the following subsections:
02001.32(d) Length Change Tests-For all H13C mix designs,make at least three specimens from the trial
batch for length change testing. Test samples according to.ASTM C 157. Wet cure the samples until they
have reached an age of 14 days,including the period in the molds. Store and measure samples according to
.ASTM C 157,section 11.1.2. Report length change results at 4,7,14,28,and 56 day time intervals.
02001.32(e) Permeability Tests-For alternate HPC mix designs, make at least three specimens for
permeability testing. Prepare, cure, dry and test according to AASHTO T 277. Report permeability in
coulombs at 90 days.
Permeability tests are not required when HPC mix designs contain cementitious material with 66%pordand
cement,30°/"fly ash,and 4%silica fume.
02001.34 Current Mix Designs-Add the following paragraphs to the end of this subsection:
For HPC mix designs,test according to the following and submit results:
Test Test Method Acceptance Value
Length Change ASTM C 157 —
Permeability AASHTO T 277 1,000 coulombs max.)at 90 days
Add the following subsections:
02001.34(a) Length Change Tests-For all HPC mix designs make at least three specimens for length
change testing. Test samples according to ASTM C 157. Wet cure the samples until they have reached an
age of 14 days; including the period in the molds. Store and measure samples according to ASTM C 157,
section 11.1.2. Report length change results at 4,7,14,28,and 56 day time intervals.
02001.34(b) Permeability Tests-For alternate .HPC mix designs make at least three specimens for
permeability testing. Prepare, cure, dry and test according to AASHTO T 277. Report permeability in
coulombs at 90 days.
Permeability tests are not required when HPC mix designs contain cementitious material with 66%Portland
cement,30%fly ash,and 4%silica fume.
SECTION 02010-PORTLAND CEMENT
Comply with Section 02010 of the Standard Specifications modified as follows:
02010.10(b) Specifications-Replace the bullet that begins"Cement used west..."with the following bullet:
• Cement shall have a total alkali content(sodium and potassium oxide calculated as Na2O +0.658
I20) not exceeding 0.60%.
Ill. CONTRACT BOOKLET 80111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
02010.20 Blended Hydraulic Cement-Replace the paragraph that begins"Blended hydraulic cement..."with
the following paragraph:
Blended hydraulic cement shall be either Type IS-Portland blast-furnace slag cement, Type IP-Pordand-
pozzolan cement,or Type IT-ternary blended cement according to AASHTO M 240,modified as follows:
Add the following paragraph to the end of this subsection:
Furnish blended hydraulic cement from the QPL
SECTION 02020-WATER
Comply with Section 02020 of the Standard Specifications modified as follows:
02020.10 Water-Replace this subsection,except for the subsection number and title,with the following-
(a)
ollowing(a) General-Water used in mixing or curing concrete, mortar,grout, and in mixing cement-treated base
shall be reasonably clean,and free of oil,sugar,organic matter,or other substances injurious to the finished
product.
(b) Potable -Potable water may be used without testing if the Contractor provides a quality compliance
certificate verifying that the water has met the limits and ranges of ASTM C 1602, according to tests made
within the last two years.
Water approved for public use by the Oregon Health Division may be accepted for use without testing.
(c) Non-Potable, Unknown Quality, or Suspected Quality-Non-potable, Unknown Quality, or
Suspected Quality water shall be tested at no additional cost to the Agency. Test according to ASTM C 114
and ASTM C 1603. Water from concrete production operations is considered Unknown Quality. Results of
testing shall comply with the limits and ranges of ASTM C 1602 and shall be available for review upon request.
SECTION 02030-MODIFIERS
Comply,with Section 02030 of the Standard Specifications modified as follows:
02030.10 Fly Ash-Replace this subsection with the following subsection:
02030.10 Fly Ash-Furnish Class C, Class F, or Class N fly ash from the QPL and conforming to
AASHTO M 295 (ASTM C 618).
02030.20(a) Types-Replace the sentence that begins "The silica fume portion..." with the following two
sentences:
The silica fume portion shall conform to AASHTO M 307. Total alkalis,,as equivalent Sodium Oxide(Na2O),
shall be 1.5 percent maximum.
Add the following subsection:
111. CONTRACT BOOKLET 811 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
02030.50 Metakaolin-Provide metakaolin from the Q131. and conforming to AASHTO 11295
(ASTM C 618) Class N.
SECTION 02040-CHEMICAL ADMIXTURES
Comply with Section 02040 of the Standard Specifications modified as follows:
02040.10 Materials-Replace the table with the following:
Admixture Specification
Air-entraining AASHT0 M 154(AST11 C 260)
Type A-Water-reducing AASHTO M 194(ASTM C 494)
Type B-Retarding AASHTO 11194(AST11 C 494)
Type C-Accelerating AASHTO M 194(ASTM C 494)
Type D-Water-reducing and Retarding AASHTO M 194(AST11 C 494)
Type I -Water-reducing and Accelerating AASHTO M 194(ASTM C 494)
Type F-Water-reducing,High Range AASHTO 11194(ASTM C 494)
Type G-Water-reducing,High Range and Retarding AASHTO M 194(AST-24 C494)
Type S-Specific Performance AASHTO M 194(ASTM C 494)
SECTION 02050-CURING MATERIALS
Comply with Section 02050 of the Standard Specifications modified as follows:
02050.00 Scope-Replace this subsection,except for the subsection nutnber and title,with die following:
This Section includes the requirements for liquid compounds,polyethylene films,and curing blankets used
to cover concrete and other surfaces to retain moisture and to cure.
02050.10 Liquid Compounds-In the paragraph that begins "Furnish liquid...", replace "AASHTO M 148"
with"ASTM C 309".
Add the following to the end of this subsection:
Before using liquid compounds, submit one quart samples of each lot for testing except samples are not
required for commercial grade concrete applications unless the liquid compound is a conditionally approved
product.
02050.40 Liquid Evaporation Reducer Compounds-Delete this subsection.
SECTION 02110-POSTS,BLOCKS,AND BRACES
Comply with Section 02110 of the Standard Specifications modified as follows:
02110.40 Wood Sign Posts -Replace the sentence that begins"Fabricate wood sign posts..."with the following
sentence:
Ill. CONTRACT BOOKLET 82 1 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Fabricate wood sign posts from Douglas fir,surfaced four sides(S4S)and free of heart center(FOHC).
02110.40(a) Grading-Replace the Douglas Fir and Hem-Fir grading requirements with the following grading
requirements:
Species 4"x 4" 4"x 6" 6" x 6"
and Larger
Douglas Fir No. 1 No. 1 No. 1
124-b WCI.,IB 123-b WCLIB 131-b WCI.IB
42.11 WWP.A 62.11 WWP.A 80.11 WWPA
SECTION 02320-GEOSYNTHETICS
Comply with Section 02320 of the Standard Specifications modified as follows:
02320.10(a-1) Geotextiles-Replace the bullet that begins"Meet or exceed..."with the following bullet:
• Meet or exceed the properties specified in 02320.20.
02320.10(c-2) Level B-Manufacturer's Quality Compliance Certificate-In the paragraph that begins "If
the brochure..." replace the words "in Table 02320-1"with the words"in 02320.20".
02320.20 Geotextile Property Values-Replace Table 02320-1 with the following tables:
Table 02320-1 Geotextile Property Values for Drainage Geotextile 1,2
Geotextile Property Requirements
Geotextile Property TeASTM
Method Units Type 1 Type 2
Woven Nonwoven Woven Nonwoven
Grab Tensile Strength
(minimum) Machine D 4632 lb 180 115 250 160
and Cross Machine
Directions
Grab Failure Strain
(minimum) Machine D 4632 % < 50 ? 50 < 50 >_50
and Cross Machine
Directions
Tear D 4533 lb 67 40 90 56
Strength (minimum)
Puncture Strength D 6241 lb 370 220 495 310
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 — 40 40 40 40
U.S.Standard Sieve
Ill. CONTRACT BOOKLET 83 111 a 6 e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Permittivity (minimum) D 4491 sec' 0.5 0.5 0.5 0.5
Ultraviolet Stability D 4355
Retained % 50 50 50 50
Strength (minimum) (at 500 hours)
' All geotextile properties are Minimum Average Roll Values(MAR\�. The test results for any sampled
roll in a lot shall meet or exceed the values shown in the table.
Woven slit film geotextiles(geotextdes that are made from yarns of a flat,tape-like character)are not
acceptable.
Table 02320-2 Geotextile Property Values for Riprap Geotextile I,2
Geotextile Property Requirements
Geotextile Property ASTM Units Type 1 Type 2
Test Method
Woven Nonwoven Woven Nonwoven
Grab Tensile Strength
(minimum) Machine D 4632 lb 250 160 315 200
and Cross Machine
Directions
Grab Failure Strain
(minimum) Machine D 4632 % < 50 >_ 50 <50 > 50
and Cross Machine —
Directions
Tear D 4533 lb 90 56 110 80
Strength (minimum)
Puncture Strength D 6241 lb 495 310 620 430
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 — 40 40 40 40
U.S.Standard Sieve
Permittivity (minimum) D 4491 sec i 0.5 0.5 OS 0.5
Ultraviolet Stability D 4355
Retained % 70 70 70 70
Strength (minimum) (at 500 hours)
111. CONTRACT BOOKLET 841 P a b e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Table 02320-2 Geotextile Property Values for Riprap Geotextile"'
Geotextile Property Requirements
Geotextile Property ASTM Units Type 1 Type 2
Test Method
Woven Nonwoven Woven Nonwoven
1 All geotextile properties are Minimum Average Roll Values(NIARV). The test results for any sampled
roll in a lot shall meet or exceed the values shown in the table.
' Woven slit film geotextiles(geotextiles that are made from yarns of a flat,tape-like character)are not
acceptable.
111. CONTRACT BOOKLET 85 1' a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Table 02320-3 Geotextile Property Values for Sediment Fence'
Geotextile Property Requirements
Supported Unsupported
Geotextile Property ASTM Test Method
Units Elongation'- Elongation
>_ 50°'0
<_504%
Grab Tensile Strength 90 120 120
(minimum) Machine and D 4632 lb 90 100 100
Cross Machine Directions
Apparent Opening Size
(AOS) (maximum) D 4751 — 30 30 30
U.S.Standard Sieve
Permittivity (mini nwn) D 4491 sec' 0.05 0.05 0.05
U11tra-6olet Stability D 4355
Retained % 70 70 70
Strength (minimum) (at 500 hours)
' All geotextile properties are Minimum Average Roll Values(NIARX�. The test results for any
sampled roll in a lot shall meet or exceed the values shown in the table.
z Measured according to ASTM D 4632.
111. CONTRACT BOOKLET 86111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Table 02320-4 Geotextile Property Values for Subgrade Geotextile
(Separation)
Geotextile Property
Geotextile Property ASTM Test Method Units Requirements
Woven Nonwoven
Grab Tensile Strength
(minimum) Machine and D 4632 lb 180 113
Cross Machine Directions
Grab Failure Strain
(minimum) Machine and D 4632 °o <50 >50
Cross Machine Directions
Tear Strength (minimum) D 4533 lb 68 41
Puncture Strength D 6241 Ib 371 223
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 — 30 30
U.S.Standard Sieve
Permittivity (minimum) D 4491 sec'' 0.05 0.05
Ultraviolet Stability D 4355
Retained (at 500 hours) % 50 50
Strength (minimum)
' All geotextile properties are T'vliniinutn Average Roll Values(MARV). The test
results for any sampled roll in a lot shall meet or exceed the values shown in the
table.
11I. CONTRACT BOOKLET 87 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Table 02320-5 Geotextile Property Values for Embankment Geotextile '
Geotextile Property
Geotextile Property `STM Test Method Units Requirements
Woven Nonwoven
Grab Tensile Strength
(minimum) Machine and D 4632 lb 315 200
Cross Machine Directions
Grab Failure Strain
(minimum) Machine and D 4032 % < 50 >_ 50
Cross Machine Directions
Tear Strength (minimum) D 4533 lb 110 80
Puncture Strength D 6241 lb 620 430
(minimum)
Apparent Opening Size
(AOS) (maximum) D 4751 — 30 30
U.S.Standard Sieve
Permitti-dty (minimum) D 4491 sec-1 0,02 0.02
Ultraviolet Stability= D 4355
Retained % 50 50
Strength (minimum) (at 500 hours)
' All geotextile properties are Minimum Average Roll Values(MARV). The test
results for any sampled roll in a lot shall meet or exceed the values shown in the
table.
1II. CONTRACT BOOKLET 88111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Table 02320-6 Geotextile Property Values for Pavement Overlay
Geotextile '
Geotextile Property
Geotextile Property ASTM Test Method Units Requirements
Nonwoven
Grab Tensile Strength
(minimum) Machine D 4632 lb 100
and Cross Machine
Directions
Grab Failure Strain
(minimum) Machine D 4632 % >_ 50
and Cross Machine
Directions
Asphalt Retention D 6140 oz./sq.ft. 2:8
(minimum)
Melting D 276 OF 300
Point (minimum)
' .All geotextile properties are Minimum Average Roll Values(MAR'\-D. The test
results for any sampled roll in a lot shall meet or exceed the values shown in
the table.
SECTION 02440-JOINT MATERIALS
Comply with Section 02440 of the Standard Specifications modified as follows:
02440.10 Preformed Joint Fillers for Concrete-Replace this subsection, except for the subsection number
and title with the following.
Furnish preformed joint fillers for concrete from the QPL confirming to the requirements of
AASHTO M 153 or AASHTO M 213.
SECTION 02450-MANHOLE AND INLET MATERIALS
Comply with Section 02450 of the Standard Specifications modified as follows:
.Add the following subsection:
02450.15 Precast Concrete Catch Basins and Inlets-Furnish precast concrete catch basins and inlets
conforming to the requirements of ASTM C 913.
02450.30 Metal Frames, Covers, Grates, and Ladders-Under the Projects on State Highways
requirements,replace the"Inlet frames and grates"line with the following lines:
111. CONTRACT BOOKLET 89 111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Inlet frames and grates M 306 Class 35 B
M 227(A 663) 65
M 270(A 709)A 36 36
M 103(A 27) 65-35
SECTION 02510-REINFORCEMENT
Comply with Section 02510 of the Standard Specifications modified as follows:
02510.10 Deformed Bar Reinforcement-Replace the sentence that begins "Unless otherwise specified..."
with the following sentence:
Unless otherwise specified or shown,all reinforcing bars shall be Grade 60.
02510.20 Mechanical Splices-Replace the bullet that begins "Provide mechanical splices..." with the
following bullet:
• Provide mechanical splices from the QPL that develop at least the specified tensile strength or 135%
of the specified minimum yield strength of the reinforcing bars in tension,whichever is less. Where
bars of different sizes or strengths are connected,the governing strength shall be the strength of the
smaller or weaker bar.
Add die following subsection: —
02510.25 Headed Bar Reinforcement-Furnish Class HA headed steel bar from the QPL, for concrete
reinforcement. The headed steel bar shall develop the specified minimum tensile strength of the reinforcing
bars,according to ASTM A 970. Ferrous-filler coupling sleeves,forged headed steel bars,and welded headed
steel bars are not allowed for concrete reinforcement.
02510.40 Welded Wire Fabric-Replace this subsection with the following subsection:
02510.40 Welded Wire Reinforcement-Welded wire reinforcement shall conform to AASHTQ M 55
(ASTM A 135). Deformed welded wire reinforcement shall conform to AASHTD M 221 (ASTI I A 497).
SECTION 02530-STRUCTURAL STEEL
Comply with Section 02530 of the Standard Specifications modified as follows:
02530.71 Repair of Hot-Dip Galvanizing-Replace this subsection,except for the subsection number and title,
with the following:
Repair damaged hot-dip galvanizing according to ASTM A 730 and ASTM A 123. Minimum dry film
thickness is 3 mils. Minimum zinc content for Method A2 is 92 percent on the dry film.
SECTION 02560-FASTENERS
111. CONTRACT BOOKLET 90111 a 6 e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Comply with Section 02560 of the Standard Specifications modified as follows:
02560.30 Tie Rods and Anchor Bolts-Replace this subsection with the following subsection:
02560.30 Tie Rods,Anchor Bolts,and Anchor Rods:
(a) Steel Tie Rods,Anchor Bolts, and Anchor Rods-Steel tie rods;anchor bolts, and anchor rods
shall conform to: AASHT0 M 314,Grade 36 or 55;.ASTM F 1554,Grade 36 or 55.
(b) High-Strength Tie Rods, High-Strength Anchor Bolts, and High-Strength Anchor
Rods- High-strength tie rods,high-strength anchor bolts,and high-strength anchor rods shall conform
to:AASHTO M 314,Grade 105;ASTM F 1554,Grade 105;or ASTM A 449,Type 1.
(c) Nuts-Nuts for tie rods, anchor bolts, and anchor rods shall conform to the requirements of the
following,or equivalent:
Plain Steel Tie Rods,Anchor Bolts,and Anchor Rods:
• All-Heavy Hex AASHTO M 291 (ASTM A 563),Grade A
Galvanized Steel Tie Rods,Anchor Bolts,and Anchor Rods:
• All- Heavy Hex AASHTO M 291 (ASTM A 563),Grade A,C, D,or DH
Plain Or Galvanized High-Strength Tie Rods, High-Strength Anchor Bolts, and
High-Strength Anchor Rods:
• All-Heavy Hex AASHTO M 291 (ASTM A 563),Grade DH
(d) Washers-Washers for anchor bolts shall conform to ASTM F 436,Type 1.
02560.40 Galvanizing and Coating of Fasteners,Tie Rods,and Anchor Bolts-Replace this subsection
title with the title"Galvanizing and Coating:"
02560.40(a) Galvanizing of Fasteners,Tie Rods, and Anchor Bolts-Replace this subsection with the
following subsection:
02560.40(a) Galvanizing of Fasteners,Tie Rods, Anchor Bolts,and Anchor Rods-Hot-dip galvanize
fasteners,tie rods,anchor bolts,anchor rods,nuts,and washers according to AASHTO M 111 (ASTM A 123)
or AASHTO M 232(ASTM A 153)as appropriate to the product.
When specified,mechanically galvanize fasteners according to ASTiti B 695,Class 50,Type 1.
Match galvanized bolts,tie rods,anchor bolts,and anchor rods with appropriate galvanized nuts for assembly.
Ship nuts in the same container consisting of bolts,tie rods,anchor bolts,or anchor rods.
Overtap nuts for galvanized fasteners,galvanized tie rods,galvanized anchor bolts,and galvanized anchor rods
according to AASHTO`•i 291 (ASTM A 563).
111. CONTRACT BOOKLET 91111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Measure the zinc thickness on the wrench flats or top of bolt head of galvanized bolts and on the wrench flats
of galvanized nuts.
02560.60(a) Rotational Capacity Test-In the paragraph that begins "Test all high-strength fasteners...
replace the first sentence with the following sentence:
Test all high-strength fasteners, except high-strength tie rods, high-strength anchor bolts, and high-strength
anchor rods,according to Method 1 or 2 below,as applicable.
02560.60(b) Other Test Requirements-Replace the two paragraphs that begin "Provide three extra high
strength bolt assemblies..." and "Provide three extra high strength tie rod and..." with the following two
paragraphs:
Provide three high-strength bolt assemblies per sire per lot for check testing.
Provide one high-strength tie rod assembly,one high-strength anchor bolt assembly, and one high-strength
anchor rod assembly per size per lot for check testing.
02560.70 Lubricating Fasteners-Replace this subsection,except for the subsection number and title,with
the following.
Furnish all galvanized and coated fasteners with a factory applied commercial water-soluble wax that contains
a visible dye of a color that contrasts with the color of galvanizing or coating. Black fasteners shall be"oily"to
the touch when installed.
Field lubricate galvanized bolts in tapped holes,galvanized anchor rods,and galvanized tie rods with a lubricant
from the QPL. Apply lubricant to threads and to bearing surfaces that will turn during installation.
Protect fasteners from dirt and moisture at the job site. Clean,relubricate with a lubricant from the QPL,and
retest fasteners that do not pass the field rotational capacity test. Obtain the Manufacturers approval before
relubricating tension control fasteners that are designed to automatically provide the tension.
Coat the outer surface of the collar in lock-pin and collar fasteners with an approved Manufacturer lubricant.
SECTION 02630-BASE AGGREGATE
Comply with Section 02630 of the Standard Specifications modified as follows:
02630.10(a) Grading-In Table 02630-01,add the following sieve size line before the No. 10 sieve size line and
add the following footnote at the end to the table:
No.4* — — — — —
Report percent passing sieve when no grading requirements are listed
02630.10(b) Fracture of Rounded Rock-In the sentence that begins "Fracture of rounded rock...",replace
"AASHTO TP 61"with"AASHTO T 335".
III. CONTRACT BOOKLET 921 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
02630.11(b) Fracture of Rounded Rock-In the sentence that begins "Fracture of rounded rock...", replace
"AA-SHTO 11-161"with"AASHTO T 335".
SECTION 02640-SHOULDER AGGREGATE
Comply with Section 02640 of the Standard Specifications modified as follows:
02640.10(b) Fracture of Rounded Rock-In the sentence that begins "Fracture of rounded rock...",replace
"AASHTO TP 61"with".AASHTO T 335".
SECTION 02910-SIGN MATERIALS
Comply with Section 02910 of the Standard Specifications modified as follows:
02910.02 Types of Signs-Add "0611, "0811, "W12", and "YW" sign types and replace the "132", "BY% "C11%
"C2", "Fl", "GI", 11G211, 11G3", 11G41f, 110311, "0411, 110511, "Rl11,11W91t, "Wli", and "Y7" sign types with the
following:
"B2" Blue Type III or Type N sheeting background wtith white Type IX permanent removable legend.
"113" Blue Type IX sheeting background with white Type IX permanent or removable legend or white
Type IX sheeting overlaid with blue transparent paste background, with retroreflective silver-white
screened legend.
"Cl" Brown Type III or Type IV sheeting background with white Type IX permanent or removable legend.
"C2" Brown Type IX sheeting background with white Type IX permanent or removable legend or white
Type IX sheeting overlaid with brown transparent paste background, with retroreflective silver-white
screened legend.
"171" White Type IX sheeting background overlaid with red and blue transparent paste background with white
Type IX permanent legend.
"G1" Green Type III or Type IV sheeting background with white Type LX removable legend.
"G2" Green Type III or Type IV sheeting background with white Type IX permanent legend.
"G3" Green Type IX sheeting background with white Type IX permanent legend,or white Type IX sheeting
background overlaid with green transparent paste background with retroreflective silver-white screened
legend.
"G4" Green Type 1X sheeting background with white Type IX removable legend.
"03" Fluorescent orange Type VIII, or Type IX sheeting background with black nonreflective permanent
legend and red retroreflective symbol(Stop or Yield Ahead Symbol Sign).
"04" Fluorescent orange Type VIII or Ty
pe IX sheeting background with black nonreflective permanent
legend.
111. CONTRACT BOOKLET 93 1 1'a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
"05" Fluorescent orange Type VIII or Type IX sheeting background with black nonreflective removable
legend.
"06" Fluorescent orange Type VI1i or Type IX sheeting background with black nonreflective permanent
legend and red,yellow,and green Type VIII and Type IX circles.(Signal Ahead Symbol Sign)
"O$" Fluorescent orange Type VIII or Type IX sheeting background with black nonreflective screened or
cut-out permanent legend and silver-white Type VIII or Type IX symbol. (Speed Reduction Symbol
Sign)
"Rl" White Type I.X sheeting background overlaid with red transparent paste background with white Type IX
pennanentlegend.
"W9" Silver-white Type III or Type N sheering background with blue nonreflective screened or cut-out
permanent legend.
"W11" Silver-white Type III or Type IV sheeting background with black nonreflective screened or cut-out
permanent legend with red Type III or Type IV symbol.
11W12" Silver-white Type III or Type IV sheeting background with transparent green screened legend or green
Type III or Type IV cut-out permanent legend with blue Type III or Type IV symbol.
"Y7" Fluorescent yellow Type IX sheeting background with black nonreflective screened or cut-out
permanent legend and red Type IX symbol. (Stop or Yield Ahead Symbol Sign)
"YW" Yellow Type III or Type IV sheeting background with black nonreflective screened or cut-out
permanent legend, and white Type III or Type IV sheeting background with black nonreflective
screened or cut-out permanent legend and red Type III or Type IV symbol.
02910.10 Aluminum-In the paragraph that begins "Fabricate sheet...", replace the sentence that begins
"Fabricate sheet aluminum.."with the following two sentences:
Fabricate sheet aluminum signs from aluminum alloy 6061-T6,5052-H38,5154-H38,or approved equal. Give a
chromate treatment conforming to ASTNf B 449,Ciass 2 or a titanium-based coating according to ASTM B 921.
02910.20(a) General-Replace the sentence that begins"Use reflective sheeting..."with the following sentence:
Use reflective sheeting Type I and retroreflective sheering Type III,Type Al,Type VIII,and Type IX from the
Q13L and the following.
02910.32(b) Retroreflective Sheeting Legend-In the paragraph that begins "The silver-white or...",replace
the sentence that begins"The white retroreflective sheeting..."with the following sentence:
The white retroreflective sheeting shall consist of Type IX sheeting conforming to 02910.20.
02910.75 Manufacturer's Warranty-Replace the paragraph that begins "For retroreflective Type III..."with
the following paragraph:
For retroreflective Type III and Type IV sheeting used for permanent signs,provide a Warranty,for a Warranty
period of 10 years,for restoring sign panels and replacing sheeting if the sheeting has failed as defined below.
111. CONTRACT BOOKLET 94(1'a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue;Project No.:95045
In the paragraph that begins"For purposed of the Warranty...",replace the bullet that begins"70%of minimum
coefficient..,",with the following bullet:
• 70%of minimum coefficient of retroreflection for designated sheeting or cuttable film according to
ASTlvi D 4956 for the remaining 3 years of the Warranty period for Type III and T}Te IV sheeting
and remaining 5 years of the Warranty period for Type IX sheeting.
SECTION 03020-EROSION MATERIALS
Section 03020,which is not a Standard Specification,is included in this Project by Special Provision.
Description
03020.00 Scope-This Section includes the requirements for erosion control materials.
Materials
03020.10 Commercially Manufactured Compost-Furnish commercially manufactured compost that:
• Is processed through thermophilic composting meeting the EPA's definition of"Process to Further
Reduce Pathogens".
• Is from a commercial compost facility that holds a current DEQ composting permit or is registered
with DEQ as a composting facility.
• Meets the requirement-,of the US Composting Council(USCG)and its Seal of Testing Assurance
(STA)program.
• Contains a minimum 65%by volume of the following recycled plant waste:
• Source-separated yard and garden wastes
• Wood wastes
• Agricultural crop residues
• Wax-coated cardboard
• Preconsumer vegetative food wastes
• Other similar source-separated materials that the DEQ has determined to have a comparable low
level of risk in hazardous substances,human pathogens,and physical contaminants.
• Manure or biosolids based composts when approved.
• Meets the following compost particle size and media parameters:
Compost Particle Size
Compost Type
Sieve Size Fine* I Medium* I Coarse**
Percent Passing(By Dry Weight)
3" 100 100 100
1" 1 99- 100 1. 95- 100 90- 100
III. CONTRACT BOOKLET 95 1'a g e
City of Tigard Sidewalk Infi U—N.Dakota Street and 95th Avenue,Project No.:95045
3/4" 99- 100 95- 100 70- 100
5/8" 95-100 90-100 70- 100
1/211 80- 100 70-100 60- 100
1/4" 75- 100 70-90 30-60
*maximum 3 inch particle length
**maximum 6 inch particle length
Media Parameters
Test Test Method Requirements
Physical Contaminants* TNfECC**03.08-A Less than 1.0%
Organic Matter TNIECC**05.07-A 35%(Minimum)
pH TMECC**04.11-A 6.0 to 8.5
Soluble Salt Concentration TMECC**04.10-A 5 dS/m(Maximum)
Carbon/Nitrogen Ratio
Total Carbon TMECC**04.02-D Fine Medium Coarse
Total Nitrogen TME CC**04.02-D
<25:1 <30:1 <35:1
Stability TMECC**05.08-13 <8
Maturity TMECC**05.05-A 80%or Greater
Moisture Content T:'v1ECC**03.09-A 35-60%Meet Weight)
Man-made Inert
**Test Methods for Evaluation of Compost and Composting
03020.90 Acceptance-Acceptance of commercially manufactured compost material will be the following.
• Quality compliance certification according to 00165.35.
• Copies of STA lab analysis.
• Copy of DEQ permit or registration of the compost producer.
III. CONTRACT BOOKLET 96 111 a g e
City-of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT L
OREGON PREVAILING WAGE RATES
CITY OF TIGARD
SIDEWALK INFILL--N.DAKOTA STREET AND 95TH AVENUE
May be downloaded from b=://www.orepon.gov/boli/WHD/PWR/Pages/pwr state.aspx
11I. CONTRACT BOOKLET 97111 a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT M
DAVIS BACON WAGE RATES
CITY OF TIGARD
SIDEWALK INFILL—N.DAKOTA STREET AND 95`H AVENUE
General Decision Number: OR160001 01/08/2016 OR1
Superseded General Decision Number: OR20150001
State: Oregon
Construction Type: Highway
Counties: Oregon Statewide.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.15 for calendar year 2016 applies to all contracts
subject to the Davis-Bacon Act for which the solicitation was
issued on or after January 1, 2015. If this contract is covered
by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10.15 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing
on the contract in calendar year 2016. The EO minimum wage rate
will be adjusted annually. Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/08/2016
BROR0001-006 06/01/2014
BAKER, BENTON (NORTH), CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM,
HARNEY, HOOD RIVER, LINCOLN (NORTH), LINN (NORTH) , MALHEUR
(NORTH) , MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK,
UMATILLA, UNION, WALLOWA, WASCO (NORTH) , WASHINGTON AND YAMHILL
COUNTIES
Rates Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 33.88 16.50
----------------------------------------------------------------
BROR0001-007 06/01/2014
BENTON (SOUTH) , CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON,
KLAMATH, LAKE, LANE, LINCOLN (SOUTH), LINN (SOUTH), MALHEUR
(SOUTH) , WASCO (SOUTH) AND WHEELER COUNTIES
Rates Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 32.68 16.15
----------------------------------------------------------------
CARP9001-001 06/01/2012
Ill. CONTRACT BOOKLET 98111 a b e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
ZONE 1:
Rates Fringes
Carpenters:
CARPENTERS. . . . . . . . . . . . . . . . . .$ 32.61 14.44
DIVER STANDBY. . . . . . . . . . . . . . .$ 34.42 14.44
DIVERS TENDERS. . . . . . . . . . . . . .$ 36.97 14.44
DIVERS. . . . . . . . . . . . . . . . . . . . . .$ 78.38 14.44
MANIFOLD AND/OR
DECOMPRESSION CHAMBER
OPERATORS. . . . . . . . . . . . . . . . . . .$ 30.28 14.44
MILLWRIGHTS. . . . . . . . . . . . . . . . .$ 33.11 14.44
PILEDRIVERS. . . . . . . . . . . . . . . . .$ 33.61 14.44
DEPTH PAY:
50 to 100 feet $1.00 per foot over 50 feet
101 to 150 feet 1.50 per foot over 101 feet
151 to 200 feet 2.00 per foot over 151 feet
Zone Differential (Add to Zone 1 rates) :
Zone 2 - $0.85
Zone 3 - 1.25
Zone 4 - 1.70
Zone 5 - 2.00
Zone 6 - 3.00
ZONE 1 - All jobs or projects located within 30 miles of the
respective City Hall
ZONE 2 - More than 30 miles and less than 40 miles from the
respective City Hall
ZONE 3 - More than 40 miles and less than 50 miles from the
respective City Hall
ZONE 4 - More than 50 miles and less than 60 miles from the
respective City Hall
ZONE 5 - More than 60 miles and less than 70 miles from the
respective City Hall
ZONE 6 - More than 70 miles from the respective City Hall.
BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS,
PILEDRIVERS AND DIVERS)
ALBANY ASTORIA BAKER
BEND BROOKINGS BURNS
COOS BAY CORVALLIS EUGENE
GOLDENDALE GRANTS PASS HERMISTON
HOOD RIVER KLAMATH FALLS LAGRANDE
LAKEVIEW LONGVIEW MADRAS
MEDFORD MCMINNVILLE NEWPORT
OREGON CITY ONTARIO PENDLETON
PORTLAND PORT ORFORD REEDSPORT
ROSEBURG SALEM ST. HELENS
THE DALLES TILLAMOOK VANCOUVER
BASEPOINTS FOR MILLWRIGHTS
111. CONTRACT BOOKLET 99 1'a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
EUGENE NORTH BEND LONGVIEW
PORTLAND MEDFORD THE DALLES
VANCOUVER
BASEPOINTS FOR PILEDRIVERS AND DIVERS
ASTORIA BEND COOS BAY
EUGENE KLAMATH FALLS LONGVIEW
MEDFORD NEWPORT PORTLAND
ROSEBURG SALEM THE DALLES
----------------------------------------------------------------
* ELECO048-0066 01/01/2015
CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK,
WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 44.22 21.50
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 40.20 21.50
HOURLY ZONE PAY:
Hourly Zone Pay shall be paid on jobs located outside of the
free zone computed from the city center of the following
listed cities:
Portland, The Dalles, Hood River, Tillamook, Seaside and
Astoria
Zone Pay:
Zone 1: 31-50 miles $1.50/hour
Zone 2: 51-70 miles $3.50/hour
Zone 3: 71-90 miles $5.50/hour
Zone 4: Beyond 90 miles $9.00/hour
*These are not miles driven. Zones are based on Delorrne
Street Atlas USA 2006 plus.
----------------------------------------------------------------
ELEC0112-001 06/01/2015
BAKER, GILLIAM, GRANT, MORROW, UMATILLA, UNION, WALLOWA, AND
WHEELER COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . .. . . .$ 40.74 18.65
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 38.80 18.59
----------------------------------------------------------------
ELECO280-003 01/01/2015
BENTON, CROOK, DESCHUTES, JEFFERSON, LANE (EAST OF A LINE
RUNNING NORTH AND SOUTH FROM THE NORTHEAST CORNER OF COOS
COUNTY TO THE SOUTHEAST CORNER OF LINCOLN COUNTY) , LINN,
MARION, POLK AND YAMHILL (,SOUTHERN HALF) COUNTIES
111. CONTRACT BOOKLET 100 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . .. . . .$ 41.15 17.75
ELECTRICIAN. . . . . .. . . . . . . . . . . . . . . .$ 37.41 17.75
----------------------------------------------------------------
ELECO291-006 06/08/2015
MALHEUR COUNTY
Rates Fringes
CABLE SPLICER. . . .. . . . . . . . . . . . . . ..$ 30.97 5%+10.71
ELECTRICIAN. . .. . . . . . . . . . . . . . . . . . .$ 28.15 5%+10.71
----------------------------------------------------------------
* ELEC0659-004 01/01/2015
DOUGLAS (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NE
CORNER OF COOS COUNTY TO THE SE CORNER OF LINCOLN COUNTY) ,
HARNEY, JACKSON, JOSEPHINE, KLAMATH AND LAKE COUNTIES
Rates Fringes
CABLE SPLICER. . . . . . . . . . . . . . . . . . . .$ 33.48 15.71
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 30.44 15.71
ZONE PAY: BASE POINTS ARE FROM THE DOWNTOWN POST OFFICE IN
GRANTS PASS, KLAMATH FALLS, ROSEBURG AND MEDFORD.
ZONE 1: 0-20 MILES $0.00 PER HOUR
ZONE 2: > 20-30 MILES $1.50 PER HOUR
ZONE 3: >30-40 MILES $3.30 PER HOUR
ZONE 4: >40-50 MILES $5.00 PER HOUR
ZONE 5: >50-60 MILES $6.80 PER HOUR
ZONE 6: >60 MILES $9.50 PER HOUR
*THESE ARE NOT MILES DRIVEN. zONES ARE BASED ON DELORNE
STREET ATLAS USA 5.0.
----------------------------------------------------------------
ELEC0932-004 01/01/2015
COOS, CURRY, LINCOLN, DOUGLAS AND LANE COUNTIES (AREA LYING
WEST OF A LINE NORTH AND SOUTH FROM THE N.E. CORNER OF COOS
COUNTY" TO THE S.E. CORNER OF LINCOLN COUNTY)
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 34.50 15.39
----------------------------------------------------------------
ENG10701-005 01/01/2015
ZONE 1:
POWER EQUIPMENT OPERATORS (See Footnote C)
Rates Fringes
111. CONTRACT BOOKLET 101 I'a g e
City of Tigard Sidewalk Infi H-N.Dakota Street and 95th Avenue,Project No.:95045
POWER EQUIPMENT OPERATOR
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 39.47 14.10
GROUP 1A. . . . . . . . . . . . . . . . . . . .$ 41.44 14.10
GROUP 1B. . . . . . . . . . . . . . . . . . . .$ 43.42 14.10
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 37.58 14.10
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 36.44 14.10
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 35.36 14.10
GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 34.13 14.10
GROUP 6. . . . . . . . . . .. . .. . . . . . .$ 30.94 14.10
Zone Differential (add to Zone 1 rates) :
Zone 2 - $3.00
Zone 3 - $6.00
For the following metropolitan counties: MULTNOMAH;
CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA;
CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS
INDICATED:
All jobs or projects located in Multnomah, Clackamas and
Marion Counties, West of the western boundary of Mt. Hood
National Forest and West of Mile Post 30 on Interstate 84
and West of Mile Post 30 on State Highway 26 and West of
Mile Post 30 on Highway 22 and all jobs or projects located
in Yamhill County, Washington County and Columbia County
and all jobs or porjects located in Clark & Cowlitz County,
Washington except that portion of Cowlitz County in the Mt.
St. Helens "Blast Zone" shall receive Zone I pay for all
classifications.
All jobs or projects located in the area outside the
identified boundary above, but less than 50 miles from the
Portland City Hall shall receive Zone II pay for all
classifications.
All jobs or projects located more than 50 miles from the
Portland City Hall, but outside the identified border
above, shall receive Zone III pay for all classifications.
For the following cities: ALBANY; BEND; COOS BAY; EUGENE;
GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG
All jobs or projects located within 30 miles of the
respective city hall of the above mentioned cities shall
receive Zone I pay for all classifications.
All jobs or projects located more than 30 miles and less than
50 miles from the respective city hall of the above
mentioned cities shall receive Zone II pay for all
classifications.
All jobs or projects located more than 50 miles from the
respective city hall of the above mentioned cities shall
receive Zone III pay for all classifications.
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
Group 1
Concrete Batch Plan and or Wet mix three (3) units or more;
111. CONTRACT BOOKLET 102 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Crane, Floating one hundred and fifty (150) ton but less
than two hundred and fifty (250) ton; Crane, two hundred
(200) ton through two hundred ninety nine (299) ton with
two hundred foot (2001) boom or less (including jib,
inserts and/or attachments); Crane, ninety (90) ton through
one hundred ninety nine (199) ton with over two hundred
(200') boom Including jib, inserts and/or attachments) ;
Crane, Tower Crane with one hundred seventy five foot
(175') tower or less and with less than two hundred foot
(200') jib; Crane, Whirley ninety (90) ton and over;
Helicopter when used in erecting work
Group lA
Crane, floating two hundred fifty (250) ton and over; Crane,
two hundred (200) ton through two hundred ninety nine
(299) ton, with over two hundred foot (200') boom
(including jib, inserts and/or attachments) ; Crane, three
hundred (300) ton through three hundred ninety nine (399)
ton; Crane, Tower Crane with over one hundred seventy five
foot (175') tower or over two hundred foot (200') jib;
Crane, tower Crane on rail system or 2nd tower or more in
work radius
Group 1B
Crane, three hundred (300) ton through three hundred ninety
nine (399) ton, with over two hundred foot (200') boom
(including jib, inserts and/or attachments); Floating
crane, three hundred fifty (3'50) ton and over; Crane, four
hundred (400) ton and over
Group 2
Asphalt Plant (any type) ; Asphalt Roto-Mill, pavement
profiler eight foot (8') lateral cut and over; Auto Grader
or "Trimmer"; Blade, Robotic; Bulldozer, Robotic Equipment
(any type) ; Bulldozer, over one hundred twenty thousand
(120,000) lbs. and above; Concrete Batch Plant and/or Wet
Mix one (1) and two (2) drum; Concrete Diamond Head
Profiler; Canal Trimmer; Concrete, Automatic Slip Form
Paver (Assistant to the Operator required) ; Crane, Boom
Truck fifty (50) ton and with over one hundred fifty foot
(150') boom and over; Crane, Floating (derrick barge)
thirty (30) ton but less than one hundred fifty (150) ton;
Crane, Cableway twenty-five (25) ton and over; Crane,
Floating Clamshell three (3) cu. Yds. And over; Crane,
ninety (90) ton through one hundred ninety nine (199) ton
up to and including two hundred foot (200') of boom
(including jib inserts and/or attachments) ; Crane, fifty
(50) ton through eighty nine (89) ton with over one hundred
fifty foot (150') boom (including jib inserts and/or
attachments) ; Crane, Whirley under ninety (90) ton; Crusher
Plant; Excavator over one hundred thirty thousand (130,000)
lbs.; Loader one hundred twenty thousand (120,000) lbs. and
above; Remote Controlled Earth Moving Equipment; Shovel,
Dragline, Clamshell, five (5) cu. Yds. And over; Underwater
Equipment remote or otherwise, when used in construction
work; Wheel Excavator any size
Group 3
Bulldozer, over seventy thousand (70,000) lbs. up to and
111. CONTRACT BOOKLET 103 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
including one hundred twenty thousand (120,000) lbs.;
Crane, Boom Truck fifty (50) ton and over with less than
one hundred fifty foot (150') boom; Crane, fifty (50) ton
through eighty nine (89) ton with one hundred fifty foot
(150') boom or less (including jib inserts and/or
attaclunents) ; Crane, Shovel, Dragline or Clamshell three
(3) cu. yds. but less than five (5) cu. Yds.; Excavator
over eighty thousand (80,000) lbs. through one hundred
thirty thousand (130,000) lbs.; Loader sixty thousand
(60,000) lbs. and less than one hundred twenty thousand
(120,000) lbs,.
Group 4
Asphalt, Screed; Asphalt Paver; Asphalt Roto-Mill, pavement
profiler, under eight foot (81) lateral cut; Asphalt,
Material Transfer Vehicle Operator; Back Filling Machine;
Backhoe, Robotic, track and wheel type up to and including
twenty thousand (20,000) lbs. with any attachments; Blade
(any type) ; Boatman; Boring Machine; Bulldozer over twenty
thousand (20,000) lbs. and more than one hundred (100)
horse up to seventy thousand (70,000) lbs.; Cable-Plow (any
type) ; Cableway up to twenty five (25) ton; Cat Drill (John
Henry) ; Chippers; Compactor, multi-engine; Compactor,
Robotic; Compactor with blade self-propelled; Concrete,
Breaker; Concrete, Grout Plant; Concrete, Mixer Mobile;
Concrete, Paving Road Mixer; Concrete, Reinforced Tank
Banding Machine; Crane, Boom Truck twenty (20) ton and
under fifty (50) ton; Crane, Bridge Locomotive, Gantry and
Overhead; Crane, Carry Deck; Crane, Chicago Boom and
similar types; Crane, Derrick Operator, under one hundred
(100) ton; Crane, Floating Clamshell, Dragline, etc.
Operator, under three (3) cu. yds. Or less than thirty (30)
ton; Crane, under fifty (50) ton; Crane, Quick Tower under
one hundred foot (100') in height and less than one hundred
fifty foot (150') jib (on rail included) ; Diesel-Electric
Engineer (Plant or Floating) ; Directional Drill over twenty
thousand (20,000) lbs. pullback; Drill Cat Operator; Drill
Doctor and/or Bit Grinder; Driller,, Percussion, Diamond,
Core, Cable, Rotary and similar type-; Excavator Operator
over twenty thousand (20,000) lbs. through eighty thousand
(80,000) lbs.; Generator Operator; Grade-all; Guardrail
Machines, i.e. punch, auger, etc.; Hammer Operator
(Piledriver) ; Hoist, stiff leg, guy derrick or similar
type, fifty (50) ton and over; Hoist, two (2) drums or
more; Hydro Axe (loader mounted or similar type); Jack
Operator, Elevating Barges, Barge Operator, self-unloading;
Loader Operator, front end and overhead, twenty five
thousand (25,000) lbs. and less than sixty thousand
(60,000) lbs.; Log Skidders; Piledriver Operator (not crane
type) ; Pipe, Bending, Cleaning, Doping and Wrapping
Machines; Rail, Ballast Tamper Multi-Purpose; Rubber-tired
Dozers and Pushers; Scraper, all types; Side-Boom; Skip .
Loader, Drag Box; Strump Grinder (loader mounted or similar
type) ; Surface Heater and Planer; Tractor, rubber-tired,
over fifty (50) HP Flywheel; Trenching Machine three foot
(3') depth and deeper; Tub Grinder (used for wood debris) ;
Tunnel Boring Machine Mechanic; Tunnel, Mucking Machine;
Ultra High Pressure Water Jet Cutting Tool System Operator;
Vacuum Blasting Machine Operator; Water pulls, Water wagons
111. CONTRACT BOOKLET 104 I'a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Group 5
Asphalt, Extrusion Machine; Asphalt, Roller (any asphalt
mix) ; Asphalt, Roto-Mill pavement profiler ground man;
Bulldozer, twenty thousand (20,000) lbs. or less, or one
hundred (100) horse or less; Cement Pump; Chip Spreading
Machine; Churn Drill and Earth Boring Machine; Compactor,
self-propelled without blade; Compressor, (any power) one
thousand two hundred fifty (1,250) cu. ft. and over, total
capacity; Concrete, Batch Plant Quality control; Concrete,
Combination Mixer and compressor operator, gunite work;
Concrete, Curb Machine, Mechanical Berm, Curb and/or Curb
and Gutter; Concrete, Finishing Machine; Concrete, Grouting
Machine; Concrete, Internal Full Slab Vibrator Operator;
Concrete, Joint Machine; Concrete, Mixer Single drum, any
capacity; Concrete, Paving Machine eight foot (8') or less;
Concrete, Planer; Concrete, Pump; Concrete, Pump Truck;
Concrete, Pumperete Operator (any type); Concrete, Slip
Form Pumps, power driven hydraulic lifting device for
concrete forms; Conveyored Material Hauler; Crane, Boom
Truck under twenty (20) tons; Crane, Boom Type lifting
device, five (5) ton capacity or less; Drill, Directional
type less than twenty thousand (20,000) lbs. pullback; Fork
Lift, over ten (10) ton or Robotic; Helicopter Hoist; Hoist
Operator, single drum; Hydraulic Backhoe track type up to
and including twenty thousand (20,000) lbs.; Hydraulic
Backhoe wheel type (any make) ; Laser Screed; Loaders,
rubber-tired type, less than twenty five thousand (25,000)
lbs.; Pavement Grinder and/or Grooving Machine (riding
type) ; Pipe, cast in place Pipe Laying Machine-; Pulva-Mixer
or similar types; Pump Operator, more than five (5) pumps
(any size) ; Rail, Ballast Compactor, Regulator, or Tamper
machines; Service Oiler (Greaser) ; Sweeper Self-Propelled;
Tractor, Rubber-Tired, fifty (50) HP flywheel and under;
Trenching Machine Operator, maximum digging capacity three
foot (3') depth; Tunnel, Locomotive, Dinkey; Tunnel, Power
Jumbo setting slip forms, etc.
Group 6
Asphalt, Pugmill (any type); Asphalt, Raker; Asphalt, Truck
Mounted Asphalt Spreader, with Screed; Auger Oiler;
Boatman; Bobcat, skid steed (less than one (1) yard);
Broom, self-propelled; Compressor Operator (any power)
under 1,250 cu. ft. total capacity; Concrete Curing Machine
(riding type) ; Concrete Saw; Conveyor Operator or
Assistant; Crane, Tugger; Crusher Feederman; Crusher Oiler;
Deckhand; Drill, Directional Locator; Fork Lift; Grade
Checker; Guardrail Punch Oiler; Hydrographic Seeder
Machine, straw, pulp or seed; Hydrostatic Pump Operator;
Mixer Box (CTB, dry batch, etc.) ; Oiler; Plant Oiler; Pump
(any power) ; Rail, Brakeman, Switchman, Motorman; Rail,
Tamping Machine, mechanical, self-propelled; Rigger; Roller
grading (not asphalt) ; Truck, Crane Oiler-Driver
----------------------------------------------------------------
IRON0029-004 07/01/2015
Rates Fringes
111. CONTRACT BOOKLET 1051 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
IRONWORKER. . . . . . . . . . . . . . . . . . . . . . .$ 34.12 23.04
----------------------------------------------------------------
LAB00001-006 06/01/2014
Rates Fringes
Mason Tender/Hod Carrier
Tenders to Bricklayers,
Tile Setters, Marble
Setters and Terrazzo
Workers, Topping for
Cement Finishers and
Mortar Mixers. . . . . . . . . . . . . . .$ 27.44 13.10
----------------------------------------------------------------
LAB00003-003 06/01/2014
ZONE 1:
LABORERS (SEE FOOTNOTE C)
Rates Frinaes
Laborers:
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.43 13.10
GROUP 2. . . . . . . . . . . . . .. . . . . . .$ 27.44 13.10
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 22.86 13.10
Zone Differential (Add to Zone 1 rates) :
Zone 2 - $0.65
Zone 3 - 1.15
Zone 4 - 1.70
Zone 5 - 2.75
ZONE 1 - All jobs or projects located within 30 miles of the
respective City Hall
ZONE 2 - More than 30 miles and less than 40 miles from the
respective City Hall
ZONE 3 - More than 40 miles and less than 50 miles from the
respective City Hall
ZONE 4 - More than 50 miles and less than 80 miles from the
respective City Hall
ZONE 5 - More than 80 miles from the respective City Hall.
BASEPOINTS:
ALBANY ASTORIA BAKER CITY
BEND BURNS COOS BAY
EUGENE GRANTS PASS HERMISTON
KLAMATH FALLS MEDFORD PENDLETON
PORTLAND ROSEBURG SALEM
THE DALLES
LABORER CLASSIFICATIONS
GROUP l: Applicator (including Pot Tender for same) applying
protective material by hand or nozzle on utility lines or
111. CONTRACT BOOKLET 106 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
storage tanks on project, Asphalt Plant; Asphalt Spreader;
Batch Weighman; Broomers; Brush Burners and Cutters; Choker
Setter; Choker Splicer; Clary Power Spreader; Clean-up
Laborer; Clean up Nozzleman (concrete, rock, etc) ;
Concrete Laborer; Crusher Feeder; Curing, Concrete;
Demolition, wrecking, and moving; Dopping and Wrapping
Pipe; Dumpman (for Grading Crew) ; Erosion Control
Specialist; Fine Graders; Fence Builders; Form Strippers;
Guard Rail, Median Rail, Barriers, Reference Post, Guide
Post, Right of Way Marker; Remote Control (Dry Pack
Machine, Jackhammer, Chipping Guns, Compaction, Paving
Breakers, Hand Held Concrete Saw, Demo Saw, Core Drill) ;
Precast Concrete Setter; Pressure Washer; Railroad Track
Laborer; Ribbon Setter; Rip Rap Map; Sand Blasting (Wet) ;
Scaffold Tender; Self Propelled Concrete Buggy; Sewer
Laborer; Sign Erector; Signalman; Scissor and Manlift;
Skipman; Slopers; Sprayman; Stake Chaser; Stake Setter;
Tamper; Timber Faller and Bucker; Tool Operators (Hand
Held, Walk Behind)
GROUP 2: Asbestos Removal.; Asphalt Rakers, Bit Grinder,
Concrete Core Drill, Concrete Pump Nozzleman, Concrete Saw
Operator (Walk Behind, Walk Saw, Rail Mounted, Wire) ; Drill
Operator; Grade Checker; Gunite Nozzleman; Hazardous Waste
Laborer; High Scalers; Laser Bean (Pipe Laying) ; Loop
Installation; Manhole Builder; Mold Remediation Laborer;
Nippers and Timberman; Pipelayer; Powderman; Power Saw
Operators (Bucking and Falling) ; Pumperete Nozzleman; Sand
Blasting (Dry) ; Sewer Timberman; Tugger Operator;
Vibrators; Water Blaster
GROUP 3: Final Clean-up(detailed clean-up, limited to
cleaning up floors, ceilings, walls, windows-prior to
acceptance by the owner); Fire Watch; Landscaper; Traffic
Flagger
FOOTNOTE C:
HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft
classifications subject to working inside a federally
designated Hazardous Waste perimeter shall be eligible for
compensation in accordance with the following group
schedule relative to the level of Hazardous Waste as
outline in the specific Hazardous Waste Project Site Safety
Plan:
H-1 Base Wage Rate when on a hazardous waste site when not
outfitted with protective clothing.
H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per
hour, fringes plus $0.15.
H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per
hour, fringes plus $0.15.
H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per
hour, fringes plus $0.15.
Ill. CONTRACT BOOKLET 107 P a S e
City of Tigard Sidewalk Infi U-N.Dakota Street and 95th Avenue,Project No.:95045
----------------------------------------------------------------
PAIN0055-002 11/01/2014
Rates Fringes
PAINTER
HIGHWAY & PARKING LOT
STRIPER. . . . . . . . . . . . . . . . . . . . .$ 33.43 11.08
----------------------------------------------------------------
* PAIN0055-033 07/01/2015
Rates Fringes
PAINTER
BAKER, BENTON, CLATSOP,
CROOK, DESCHUTES, GRANT,
GILLIAM, HARNEY,
JEFFERSON, LAKE, LANE,
LINN, LINCOLN, MALHEUR,
MARION, POLK, TILLAMOOK,
SHERMAN, UNION, WHEELER
AND YAMHILL COUNTIES
High work-All work 60
feet or higher. . . . . . . . . . . . .$ 22.22 10.13
Painters. . . . . . . . . . . . . . . . . . .$ 21.47 10.13
CLACKAMAS, COLUMBIA„ HOOD
RIVER, MULTNOMAH, MORROW,
UMATILLA, WALLOWA, WASCO
AND WASHINTON COUNTIES
High work-All work 60
feet or higher. . . . . . . . . . . . .$ 23.22 10.13
Painters. . . . . . . . . . . . . . . . . . .$ 22.47 10.13
JACKSON AND KLAMATH
COUNTIES
High Work-All Work 60
feet or higher. . . . . . . . . . . . .$ 20.22 10.13
Painters. . . . . . . . . . . . . . . . . . .$ 19.47 10.13
----------------------------------------------------------------
PLAS0555-001 06/01/2015
ZONE 1:
Rates Fringes
Cement Masons: (ZONE 1)
CEMENT MASONS DOING BOTH
COMPOSITION/POWER
MACHINERY AND
SUSPENDED/HANGING SCAFFOLD. .$ 30.00 18.18
CEMENT MASONS ON
SUSPENDED, SWINGING AND/OR
HANGING SCAFFOLD. . . . . . . . . . . .$ 30.60 18.18
CEMENT MASONS. . . . . . . . . . . . . . .$ 30.60 18.18
COMPOSITION WORKERS AND
POWER MACHINERY OPERATORS. . .$ 31.20 18.18
Zone Differential (Add To Zone 1 Rates) :
Zone 2 - $0.65
Zone 3 - 1.15
11I. CONTRACT BOOKLET 108 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Zone 4 - 1.70
Zone 5 - 3.00
BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND,
SALEM, THE DALLES, VANCOUVER
ZONE 1: Projects within 30 miles of the respective city hall
ZONE 2: More than 30 miles but less than 40 miles from the
respective city hall.
ZONE 3: More than 40 miles but less than 50 miles from the
respective city hall.
ZONE 4: More than 50 miles but less than 80 miles from the
respective city hall.
ZONE 5: More than 80 miles from the respective city hall
----------------------------------------------------------------
TEAM0037-004 06/01/2014
ZONE 1:
TRUCK DRIVERS (See Footnote C) :
Rates Fringes
Truck drivers:
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.90 14.37
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 27.02 14.37
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 27.15 14.37
GROUP 4. . . . . . . . . . . . . .. . . . . . .$ 27.41 14.37
GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 27.63 14.37
GROUP 6. . . . . . . . . . . . . .. . . . . . .$ 27.99 14.37
GROUP 7. . . . . . . . . . . . . . . . . . . . .$ 27.99 14.37
Zone Differential (add to Zone 1 rates) :
Zone 2 - $0.65
Zone 3 - 1.15
Zone 4 - 1.70
Zone 5 - 2.75
Zone 1 - All jobs or projects located within 30 miles of the
respective City Hall
Zone 2 - More than 30 miles and less than 40 miles from the
respective City Hall
Zone 3 - More than 40 miles and less than 50 miles from the
respective City Hall
Zone 4 - More than 50 miles and less than 80 miles from the
respective City Hall
Zone 5 - More than 80 miles from the respective City Hall
BASEPOINTS:
ALBANY ASTORIA BAKER
BEND BINGEN BROOKINGS
Ill. CONTRACT BOOKLET 109 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
BURNS COOS BAY CORVALLIS
EUGENE GOLDENDALE GRANTS PASS
HERMISTON HOOD RIVER KLAMATH FALLS
LAGRANDE LAKEVIEW LONGVIEW
MADRAS MEDFORD MCMINNVILLE
OREGON CITY NEWPORT ONTARIO
PENDLETON PORTLAND PORT ORFORD
REEDSPORT ROSEBURG SALEM
THE DALLES TILLAMOOK VANCOUVER
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: A-frame or hydra-lift truck w/load bearing surface;
Articulated dump truck; Battery rebuilders; Bus or manhaul
driver; Concrete buggies (power operated) ; Concrete pump
truck; Dump trucks, side, end and bottom dumps, including
semi-trucks and trains or combinations thereof: up to and
including 10 cu. yds.; Lift jitneys, fork lifts (all sizes
in loading, unloading and transporting material on job
site) ; Loader and/or leverman on concrete dry batch plant
(manually operated) ; Lubrication man, fuel truck driver,
tireman, wash rack, steam cleaner or combination; Pilot
car; Pickup truck; Slurry truck driver or leverman; Solo
flat bed and misc. body truck, 0-10 tons; Team drivers;
Tireman; Transit mix and wet or dry mix trucks: 5 cu yds.
and under; Water wagons (rated capacity) up to 3,000 gallons
GROUP 2: Boom truck/hydra-lift or retracting crane;
Challenger; Dumpsters or similar equipment-all sizes; Dump
trucks/articulated dumps 6 cu to 10 cu.; Flaherty spreader
driver or leverman; Low bed equipment, flat bed semi-truck
and trailer or doubles transporting equipment or wet or dry
materials; Lumber carrier, driver-straddle carrier (used in
loading, unloading and transporting of materials on job
site) ; Oil distributor driver or leverman; Transit mix and
wet or dry mix trucks: over 5 cy yds and including 7 cu.
yds; Vacuum trucks; Water Wagons (rated capacity) over
3,000 to 5,000 gallons
GROUP 3: Ammonia nitrate distributor driver; Dump trucks,
side, end and bottom dumps, including semi-trucks and
trains or combinations thereof: over 10 cu. yds. and
including 30 cu. yds., includes articulated dump trucks;
Self-Propelled street sweeper; Trans-it mix and wet or dry
mix trucks, over 7 cu. yds. and including 11 cu. yds.;
truck mechanic-Welder-Body repairman; Utility and clean-up
truck; Water wagons (rated capacity) 5,000 to 10,000
gallons.
GROUP 4: Asphalt Bruner; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains or combinations
thereof: over 30 cu. yds. and including 50 cu. yds.
includes articulated dump trucks; Fire guard; Transit Mix
and Wet or Dry Mix Trucks, over 11 cu. yds. and including
15 cu. yds.; Water Wagon (rated capacity) over 10,000
gallons to 15,000 gallons
GROUP 5: Composite Crewman; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains or combinations
thereof: over 50 cu.. yds. and including 60 cu. yds.,
111. CONTRACT BOOKLET 110 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
includes articulated dump trucks
GROUP 6: Bulk cement spreader w/o auger; Dry Pre-Batch
concrete mix trucks; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains of combinations
thereof: over 60 cu. yds. and including 80 cu. yds. and
includes articulated dump trucks; Skid truck
GROUP 7: Dump trucks, side, end and bottom dumps, including
semi-trucks and trains or combinations thereof: over 80
cu. yds. and including 100 cu. yds. includes articulated
dump trucks; Industrial lift truck (mechanical tailgate)
FOOTNOTE C:
HANDLING OF HAZARDOUS WAST MATERIALS -(LABORERS, POWER
EQUIPMENT OPERATORS, AND TRUCK DRIVERS) : Personnel in all
craft classifications subject to working inside a federally
designated Hazardous Waste perimeter shall be eligible for
compensation in accordance with the following group
schedule relative to the level of Hazardous Waste as
outline in the specific Hazardous Waste Project Site Safety
Plan:
H-1 Base Wage Rate when on a hazardous waste site when not
outfitted with protective clothing.
H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per
hour, fringes plus $0.15.
H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per
hour, fringes plus $0.15.
H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per
hour, fringes plus $0.15.
----------------------------------------------------------------
SUOR1991-003 04/01/1991
Rates Fringes
Timber Sales Roads:
LABORERS. . . . . . . . . . . . . . . . . . . .$ 8.35 4.30
OPERATING ENGINEERS. . . . . . . . .$ 10.37 4.15
POWER SAW, DRILLER,
POWDERMAN. . . . . . . . . . . . . . . . . . .$ 9.12 4.30
TEAMSTERS. . .. . . . . . . . .. . . . . . .$ 9.74 3.74
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
III. CONTRACT BOOKLET 111 1 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/2.9/2014. UAVG indicates that the rate is a weighted union
111. CONTRACT BOOKLET 112 11'a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N..W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
111. CONTRACT BOOKLET 113 P a g e
City of Tigard Sidewalk Infill-N.Dakota Street and 95th Avenue,Project No.:95045
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
I1I. CONTRACT BOOKLET 114 P a g e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
ATTACHMENT N
FEDERAL LABOR STANDARDS
CITY OF TIGARD,OREGON
Sidewalk Infill—N.Dakota Street and 951'Avenue
111. CONTRACT BOOKLET 115 P a s e
City of Tigard Sidewalk Infill—N.Dakota Street and 95th Avenue,Project No.:95045
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination.
employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 121.5-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the classification or their
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on
cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the
constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination (including any
additional classification and wage rates conformed under (d) The wage rate {including fringe benefits where
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all
subcontractors at the site of the work in a prominent and workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
the classification.
workers.
(ii) (a) Any class of laborers or mechanics which is not (111) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the
conformance with the wage determination. HUD shall
contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof,
have been met: (Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(0612009)
Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017,)
action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract, HUD or its information may be submitted in any form desired.
designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further htto://www.dol.gov/esa/whd/forms/wh347instr,htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts, contractor will submit the payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address, and socialsecurity a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.)
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the .persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section 1(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially (a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
responsible, and that the plan or program has been
correct and complete;
Previous editions are obsolete form HUD-4010(0612009)
Page 2 of 5 ref.Handbook 1344.1
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
(c) The weekly submission of a properly executed must be paid at not less than the rate specified in the
certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
"Statement of Compliance" required by subparagraph specified in the applicable wage determination.
A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code. listed on the wage determination for the applicable
(iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed pursuant %to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship than permitted under the plan approved by the
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010(0612009)
Page 3 of 5 ref.Handbook 1344.1
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration
(iii) The penalty for making false statements is prescribed
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
the applicable predetermined rate for the work performed U:S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
until an acceptable program is approved. "Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
(iii) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both."
amended, and 29 CFR Part 30,
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards.
paragraph.
(1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5.12• such workweek unless such laborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (y) Violation; liability for unpaid wages; liquidated
9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause -set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards,
10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the-standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 6 ref.Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010(06/2009)
Page 5 of 5 ref. Handbook 1344.1
N. DRAWINGS