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S-2 Contractors, Inc ~ CP17001 Y, IA.. �NtSACT �A 7 Gpi11 i 331 5 97 "- AMN � 03)3G9f4171 Paz0. Y G84 729 3 A .� l All` • - . Project Tide:FY 2016-17 Pavement Management Project Manager.-M&-e McCarthy,P.E. Progtam Pavement Rehabilitation Contractor:S2 Contractors,Inc. Original Contract#:2-0" 969W G4 f1 00 i Effective Dates:08/31/2016 Change Order/Amendment Amount:$86,006.38 Accountin String, Amendment Percentage Runnin Total: 5.90% This change order establishes agreement on the final quantities of work ins talledk this project This than e~ order also compensates the contractor S2 Contractors,Inc. for all extra vrork Completed,and reduces a lump sum bid price for loop installations on 99W and 72i°Avenue. All bid unit rices will remain in effect. This chane order has no effect on the contract completion date. 1.CHANGE ORDER DETAILS UNrr QTY UNIT$ . TOTAL$ See Attachments A,B,C and D for a cost breakdown of X86,006.38 all work included in this change order. Total amount to the tight is the net increase in contract value relative to the original$1,341,590.50 contract total. _ EASO_i.�TII�7G FUR'CWWING;E�_RDER/A1 DMENT d This chane order establishes eemento-he quantities of work actually installedb this ro'ect. See � f Attachment A for details. The contractor completed additional work,at the direction of the City,beyond the work described in the contract. See Attachment B and C for details. A credit was applied for the reduced effort on signal loop installations at the intersection of 99W and 72"Avenue. See Attachment D for details. This _cha2M order provides compensation to the contractor for the total net additional work.' REQUEST iG PBOjECT M"W" J. Nik Contractor is hereby authorized by the City of Tigard to performk - the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the work. The unit pricing in the original contract shall apply to all ' additional work. A copy of this form,once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of — Amendments cannot exceedthe�projecies FY budget. Qt; of Tigard CONTRACT CHANGE ORDER #1/ 13125 SVS'Hall Blvd. � Tigard, Oregon 97223 AMENDMENT SUMMARY Phone- ( reg n 97223 Pax- (5(13) 684-729 v-wv n$ard-oi cl- Project Title: FY2016-17 Pavement Management Project Manager: Mike McCarthy Program Pavement Rehabilitation Contractor: S2 Contractors, Inc Original Contract#: CP17001 Effective Dates: 6/2/16 Chane Order/Amendment Amount: $86,006.38 Accounting String: 412-8000-56005-95001-140 .Amendment Percentage Running Total: 5.90% AMENDMENT DETAILS See detail on previous sheet CHANGE ORDER DETAILS UNIT QTY UINUT TOTAL$ �i Ori 'nal Contract 1,341,590.50 Chane Order#1 86,006.38 TOTAL 1,427,596.88 REASONI14G FOR CHANGE ORDER/A11SENDMENT See detail on previous sheet BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature Si abate. 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 all Slgnatuxe additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the projeces FY budge . Date CONTRACT CHANGE ORDER Contract Change Order No.: 1 Date: September 8,2016 Job No.: 16-1769.901 Contract Project: FY 2016-1'Pavement Management Program Owner: City of Tigard To: S2 Contractors,Inc. (Contractor) 6860 S.Anderson Rd.Aurora,OR 97002 (Address) You are instructed to comply with the following changes to the contract. With acceptance and approval,this contract change order becomes a supplement to the contract and all its provisions. Decrease in Increase in Item Contract Price Contract Price ITEM 1—Resolution of Estimated to Final Quantities—Quantity differences between estimated and final quantities are shown in Attachment A. The most $84,114.94 significant quantity difference was an increase in asphalt due to extension of some paving and/or spot grind limits to capture additional areas that warranted paving. ITEM 2—Installation of Liquid Applied Truncated Dome System at 1211 and Walnut—Contractor initially proposed installation of surface mounted truncated $3,377.00 domes with mechanical fasteners per the plans(13126). Existing curb ramp widths were field verified to be wider than the standard width produced by the manufacture. Since all new curb ramp work and paving has been completed,the Contractor was directed to install a Liquid Applied Truncated Dome System as manufactured by Vanguard and as listed on the ODOT QPL(#2649). See Attachment B for breakdown. �- Liquid Applied Domes Estimated Quantity 1 LS Agreed Unit Price $3,777.00 Subtotal This Item $3,777.00 ITEM 3—Oak Street Driveway Connection at STA 8+00 Lt.—The City requested the Contractor to modify the driveway connection at 6913&6901 Oak Street. See $1,165.82 Attachment C for breakdown. Modified Asphalt Driveway Connection Estimated Quantity 1 LS Agreed Unit Price $1,165.82 Subtotal This Item $1,165.82 ITEM 4—Credit for Loops at 99W and 7211 Avenue at STA 3+40 Lt.—It was determined by ODOT and the Contractor's electrician that the existing loops at the -$2,651.38 intersection of 99W and 7211 within the paving limits were preformed and installed in the base AC lift. Site investigations determined that there were no existing sand pockets. ODOT confirmed that the six(6)loops near the intersection did not require replacement as part of the City's project. The three(3)advanced detection loops were �► installed per the plans and per ODOT direction. See Attachment D for breakdown. Remove Six Loops from Plans Estimated Quantity 1 LS Agreed Unit Price -$2,651.38 Subtotal This Item -$2,651.38 GAMN—Projects\16\1769-Tigard 2016 Pavernent Managemen1\0901 Construction Phase Services,Change Older\COAConlract Change Order No.l.doc Reason for Contract Change Order: As described above,this contract change order addresses additional work as requested of the contractor throughout the project and a price reduction for loops not required to be installed at 99W and 72°d Avenue. Contract Time Contract Amount Original Substantial Completion Date: August 15,2016 Original Contract Amount: $1,341,590.50 Original Final Completion Date: August 31,2016 Previous Adjustments Previous Time Adjustments: 0 Days (Increase,aeGrease): $0.00 Adjustment for this Adjustment for this Contract Change Order Contract Change Order: 0 Days (Increase,aeema e): $86,006.38 Substantial Completion Date: August 15,2016 Modified Contract Amount: $1,427,596.88 Final Completion Date: August 31,2016 G:WDX_Projects\16\1769 Tigard 2016 Pavetneni Management\0901 Construction Phase Semkes\Change Older\COMoraract Change Order No.Ldoc ATTACRW.NT A FINAL QUANTITFS FY 201617 PAVEMENT MANAGEMENT PROGRAM-PAVEMENT REHABILITATION Owner:City otTiprd Contractor:S2 Contractors,Inc. SCH®ULE A(Veoturs,I.o k 72n47BthMartmwW,Walcot.121st,IondlnarR) Bl lyra. II �� T a YCont."V.],I Fb.0 1 F!rrpAele v sal4akr e4 INtf eoa Belv'pe,'.I las 1:,:, l k eCev4.aet tigl Bld Prlsc 1Yr41 L:on-Jssl4lW le Cbl (1 mR Lggltlysd C'wm c1 t,-!and _ Dan H_nrk L, k'm ] 00305 CONSTRUCTION SURVEY WORK I LS 1 $12.000.0 1.00 IS S 11000.00 $ 2 00310 REMOVAL OF SURFACINGS 1340 SQYD 1 $5.00$ 6,700.00 929.11 SQYD S 4,64556 S (2,05444) 3 00490 ADD MANHOLE PAVING RINGS 23 EA $2.50. 5. 28.00 FA S 7.00000 S 1,25000 4 00490 ADJUSTING WATER OR GAS V ILVE BOXES 45EA $150.00 6,.0. 55.00 EA S 81.0100 $ 1500.00 55 5 55490 ADJUSTING CATCH BASINS 0 EA $500.00 0.00 EA S S' 6 00490 ADJUSTING MONUMENT BOXES EA 5150.00 1,3 0.00 9.00 EA S 1,350.00 S 7 1 0049(1 IREPLACE OR INSTALL MONUMENT BOX 17 EA $500.00 3,500.001 1600 EA 1$ 8,000.00 $ (500.00) 8 TIEVEL PLANE PAVEMENT RTD.10VAL,0-21NCI1FS THIP 1066 9Y $3.50 .7.1 8160.00 SY S 28560.00 $ (8,757.00 9 OLD PLANE PAVEMENT REMOVAL,2INCHES DEEP 25897 SY $3.50 9 26994.00 SY S 94,479.00'T- 3,839.50 10 OLD PLANE PAVEMENT RIBHOVA43INCHFS DEEP 191 SY $6.00r----I-.T4-6.00 249.00 SY S 1/.94.00 $ 34800 11 OLD]'LANE P.IVEMENT R1T40YAL,4 RICHES DEEP 120 SY 56.00 55 86.00 SY $ 516.00 S (128.00) 12 GGREGATE SHOULDERS 11 TON $100.00 0 22,70 TON $ 2170.00 S 1.170.00 13 AGGREGATE 210 TON :30.00 4300. 71.00 TON $ 2,130.00 $ (4,170.00) 14 e1UIS67®ASPHALT IN FOG COAT 2 TON $2,000.00 3,000. 1.50 TON S 3,000.00 S 15 LEVEL 2,112INCH ACP,PG 64-22 1950 TON $8900 173 .55 2302.89 TON S 204,957.21 $ 3180'/.21 16 LEVEL 3,12 INCHACP,PG 64-22 3390 TON 58900 10 3525.03 TON S 313,727.67 S 12,017.67 17 CURB SEALING 19722 LF 50.70 3 13,905.40 188.3.;00 IF $ 13083.10 $ (622.30) is 00745 6INCH WIDE FEATHERED EDGE SEAL 1934 LF $2.50 3. 2932.00 IP $ 733000 $ 2.295.00 19 00749 EXTRA FOR SPOT GRIND AND INLAY AREAS 1724 SQYD $10.00 ,240. 2153.00 SQYD S 21,5:(0.011 $ 4,290.00 20 00749 ASPHALT BERMS 58 LF $IO.M 580.00 89.00 LF S 8900() S 310.00 21 00749 ASPHALT SPEED CUSHIONS 7 EA $2,555.00 7.50 EA $ 18,75000 $ 1,250.00 22 00749 EXTRA FOR PEDESTRIAN LANDINGS 31 EA 81,500.00 s 4.. 6.00 PA $ 9100000 $ 4,500.0D 23 00759 CONCRETE CURBS,CURB ANDC.UTTFR 310 LF 540.00 2.51.00 LF S-10,(4000 $ (2,360.00) A 00739 CONCRETE CURBS,STANDARD CURB 727 IF $36.00 26,72.00 69300 IF $ X94800 $ (1,274.00) 25 00759 CONCRETE CURBS,GRADE.CORRECTION 277 LF $38.00.3; 10,526,00 331.00 LF $ 12 578.00 $ 2.052.00 26 00759 SURFACE MOUNTED TRUNCATED DOMES 30 SQFT $60.00. 1.9004MO 0.00 SQFT $ S (1,800.00) 27 1 00759 ICONCRETEWALXS 6545 SQFr $20.00 313 6645.00 SQFT S 132,900.00 $ 1.600.00 28 00855 HI-DIRECTIONAL BLUE TYPE IAR MARKERS 27 EA $10.00 27U.DO 5.00 EA S 50.00 $ (220.00) 29 55865 fOPLASTIC,EXTRUDED,SURFACE NON-PROFILED 46030 LF 0.95 41,728-50 4401400 LF S 41,813.30 $ (1,91510) 30 00867 AVEMFNT LEGEND,TYPE B-HS-RROWS 55 EA .30-0.00 1-930-U.00 .59.00 HA $ 17,700.00 S 1,200.00 31 00867 AVEMENT LEGEND,TYPE B-HS:BUMP I5 EA $330. 14.00 FA $ 4,620.00 $ 133000) 32 00867 AVEMEIT LEGE,TYPE B-HS:SPEED CUSHION 7 EA $600.00 42(yJ.D0 7.00 EA S 4100.00 S 33 00667 PAVEMENT LEGE.TYPE B-11M"SCHOOL XING" 2 EA 5900.00 1.80100 2.00 FA S 1800.00 $ 34 00867 PAVEMENT LEGEND.TYPE B-HS:BICYCLE LANMSTFNCIL 22 EA $35000 S 71700.0028.00 EA S 9.800.00 $ 2,100.00 35 00867PAVEMENTBAR,TYPEB-HS 21591 SOFT $10.00 21.590.00 2090,00 SQFT S 20900.00 S (690.00) 3fi 00990 DETECTOR INSTALLATION,LOCUST AND HALL tleL117 00.00 IAO LS S 7000.00 S 37 00990 DETECTOR IN37ALLATION,72ND AND 9900 00.00 100 LS S9,000.00 S36 00990 DKIELKW INSTALLATION,72ND AND OR-117 RAMPS 0.00 000 IS S $39 00990 DETECTORINSTALLATION,HUNZIKER AND 72ND 00.00 0011 IS $ $ A 1 1 1 11.M 4115844 c r.«..rx,...v..,.... ,r,,.,.,,.,.e,....�...._v,....,. w.„_ IOF3 �...,,. SCHEDULE B(72nd Beveland I.OB217,Huea lker) BT �' �:J j•�Cdwplrl.nr DIU it B Iwrcn DaxnpOen UW BIi PrF:r. Gndr,,gl V�Ilre nT d44W14 In U-o eu i�ml F9na0 Ta(e03�lua� CM-1A Ferri � � _ SVoak S �B 'P4urk i:mniRed _ Wurlt Lum..i..w I 00305CONSTRUCTION SURVEY WORK 1 LS $5.000.00 LOO LS $ $000.00 15 2 00310 REMOVAL OF SURFACINGS 27 SQYD $5.00 0. 188.39 SQYD f 941941$ 405.06) 3 00490 ADD MANHOLE PAVING RINGS o EA $250.00 2.00 EA $ 500.00 $ 500.00 4 00490 ADJUST7NGWATIR OR GAS VALVE BOXES Il EA 5150.00 .6- 16.00 EA $ 2.400.10 S 750.00 5 00490 ADJUSTING CATCH BASINS 0 FA 851XL00 0.00 EA S S 6 00490 ADJUSTING MONUMENT BOXES 0 EA I $15400 2.00 EA S 300.00 $ 300.00 7 00490 REPLACE OR INSTALL MONUMENT BOX 2 Fly 1 $500.00 0.00 1 EA S $ (IA00.00) 8 00620 COLD PLANE PAVEM391TREMOVAL,O-2INCHES DEEP 0 SY $3.50 0.00 SY $ $ 9 00620 COLD PLANE PAVBMENTREMOVAL.2INCHES DEEP 7781 SY $3.50 2 7802.00 SY S 27,307.00 T-9.50 10 00620 COLD PLANE PAVEME4TREMOVAL,3 INCHES DEEP 0 SY $6.00 OAO SY $ S 11 00620 COLD PLANE PAVEMENT REMOVAL-4 INCHES DEEP 0 SY $6.00 0.00 SY f 12 00640 GREGATE SHOULDERS 0 TON $100.00 400 TON S $ 13 00640 AGGREGATE BASE 39 TON $90.00 0.00 TON $ $ (1,170.00) 14 00705 IFIHD ASPHALTIN POG COAT 0 TON 52.000.00 0.00 TON $ $ 15 00745 2,112 INCH ACP,PG 64-22 0 TON $89.00 0.00 TON $ S 16 0074.5 LEVEL 3,112 INCH ACP,PG 64-22 870 TON $89. 7,430.00 949.63 TON $ 84,517.07 $ 7,087.07 17 00745 CURB SEALING 1397 IF $0.7 r 9 7.90 2656.00 LF $ 1,559.20 $ 881.30 18 00745 6 INCH WIDEFEATHERED EDGE SEAL lSQFF LF S23 ..0 1244.00 LF S 3.110.00 S 632.50 19 00749 IXTRA FOR SPOT GRINDAND INLAY AREAS YD $IO. 0.00 SQYD $ f 20 00749 ASPHALT BERMS IF $10. 0.00 LF f $ 21 00749 ASPHALT SPEED CUSHIONS EA $2,500.00 0.00 EA S $ 22 00749 EXTRA FOR PEDESTRIAN LANDINGS EA $1,500.00 0.00 EA S $ 23 00759 CONCRETE CURBS,CURB AND GUTTER LF 540.00 5 115.00 LF $ 4,600.00 $ (720.00) 24 00759 CONCRETE CURBS,STANDARD CURB LF $36.00'� ,24. 52.00 LF $ 1.872.00 $ 1252.00) 25 00759 CONCRETE CURBS,GRADE CORRECTION LF $38.00 16 44.00 LF $ 1,67300 $ (190.OD) 26 00759 SURFACE MOUNTED TRUNCATED DOSIFS FT $60.00 0.00 SQFT S $ 27 00759 CONCRETE WALKS FI' $20.00 154730 SOFT $ 30,950.01 S 5,010.00 28 00855 Bl-DIRECTIONAL BLUE TYPE IAR MARKERS A $10.00 6.00 EA $ 60.00 $ 29 0086.5 TIIEIMOPIASTIC,EXTRUDED.SURFACE,NON-PROFILED LF 50,95 8. 9714.00 LF f 9,228.30 S 640.30 30 00867 PAVEMENT'LEGEND,TYPE B-HS:ARROWS EA $100.00 5.400. 59.00 EA f 5,700.00 $ 300.00 31 00867 PAVEMENT LEGENM.TYPE B-HS:BUMP EA $330.01 0.00 EA S $ 32 00867 PAVEMENT LEGEND.TYPE B-HS:SPEED CUSHION EA 5600.00 0.00 EA $ S 33 00867 PAVEMENT LEGEND.TYPE B-HS:"SCHOOL XING" EA $900.00 0.00 EA $ f 34 00867 AVEMENT LEGEND,TYPE B-HS:BICYCLE LANE STENCIL EA 5350.00 .1 W. 6,00 EA S 2,101.00 $ 35 00867 PAVEMENT BAR,TYPEB-HSQFT' E10.00 ,5(0. 434.00 SOFT S 4340.01 S49000 36 00990 DEECTOR INSTALLATION,LOCUST AND HALL LS $7,000.00 0.00 LS S 37 00990 DETECTOR INSTALLATION,72ND AND 99W LS $9,000.00$ 0.00 IS $ $ 38 00990 DGTI CTOR INSTALLATION,72ND AND OR317 RAMPS LS $5,000.00 5,0N. 1.00 LS S 5.000.00 $ 39 01990 DETECPORINSTALLATION,HIINOKIR AND 72ND LS $3500.003. 1.00 LS $B TOTAL SC HED ULE B 16);9rLf8 S 1949"m $ 2OP5 e._... ATTACIUMNT A SCMMULE C(SBBdbu y.Oak) s r a�e t'umtr4ctYalue aT 9 Frcal7<xd4nt rhO,aear:BirBe66r H � ,.. Deanptrm, l�nro � einrfi« +yurL iI rare Braml I>vi �1 r(art(..ou>��i I caw ixt.tta�a.aR I 00305 jCONSTRUCTIONSURVEYWOM 1 LS $1,000.00 v Lm.00 IAO LS S 1.0I 5...._ 2 00310 IREMOVAL OF SURFACINGS 40 SQYD $5.00 S 20D 00 41.67 SQYD f 208.35 13 8.35 3 00490 JADD MANHOLE PAVING RINGS I1 EA $250.00 S 2.750,0013.00 EA S 3,250.00 S 500.00 4 00490 IADIUI WATER OR OAS VALVE BOXES 12 EA 5150.00 14.00 EA S 2,100.00 $ 300.00 5 00490 JUS77NG CATCH BASINS 5 EA s500.00 4.00 EA f 2,011 $ (500.00) 6 00490 LUSTING MONUMENPBOXES 0 FA $150.00 000 EA T-- $ 7 00490 ORINSTALLMONUMFNTBOX 0 EA s500.00 0.00 EA f B 00620 COIR PLANE PAVEMENT REA9OVAL,O-2INCFIFS DEEP 2302 SY $3.50 2728.00 SY f 9,548.00 1.491.00 9 00620 PLANEPAVEMENT REMOVAL.2 INCHES DEEP 758 SY $3.50 2.653.00 955.00 SY f 3,34250 $ 68930 10 00620 PLANE PAVEMENT REMOVAL.3 INCHES DEEP 450 SY $6. 483.00 SY $ 11 00620 COLDPLANE PAVEMENT REMOVAL,4INCHES DEEP 0 SY $6.0 OAO SY $ 2,89R00 S 198.00 12 00610 AGGREGATE SHOULDERS 7 TON SIW.O .5_94 TON F 534.00 $ (166.00) 13 00640 AGGREGATEBASE 11 TON $30.00 0.00 TON F $ (330.00) 14 1 00705 JEMULSIIED ASPHALT IN FOG COAT 0 TON $2,000.00 5 0.00 TON S s 15 00745 LEVEL 2,112 INCH ACP,PG 64-22 1 IIO TON $89.00 S 98,790.00 1191.07 TON F 106,00523 S 7,215.23 16 00745 LEVEL 3,121NCH ACP,PG 67-22 0 TON $89.00 - 96.29 TON $ IS64.81 S 8,569.91 17 00745 CURB SEALING 3056, LF $0.70 2.139.20 3206.00 IF s 2,24410 $ 105.00 18 111 61NCH WIDE FEATHERED EDGE SEAL 486 IF $2.50 ..00 452.00 LF s !,130.00 $ (85.00) 19 00749 FOR SPO7 GRIND AND INLAY AREAS 1207 SQYD $10.00 2, 0. 1438.00 SQYD $ 14,38OA0 $ 2,310.00 20 00749 ASPHALT BERMS IF $10.00 0.00 LF $ $21 00749 ASPHALT SPEED CUSHIONS 0 EA $2,500.00 0.00 EA $ S 22 W749 EXTRA FOR PEDESTRIAN L iNDINGS 0 EA 51,500.00 0.00 EA f 23 W759 CONCRETE CURBS,CURB AND GUTTER 0 LP $70.00 0.00 LF f S 24 00759 CONCRETECURBS.STANDARD CURB 40 LF $3&00 47.00 LF $ 1.692.00 f 252.00 25 00759 CONCRETE CURBS,GRADE CORRECTION 50 LF $38.00 1 50.00 LF $ IgW-00 f 26 00759 SURFACE MOUNTED TRUNCATED DOMES 0 SQFT $W.00 O.W SQFT S $ 27 00759 CONCRETEWALKS 180 SOFT I 520.00 3.600.00 20250 SQFT S 4,050.00 $ 450.00 28 00855 BI-DIRECTIONAL BLUE TYPE IAR MARKERS 6kEA "10.00 60.0 6.00 GA $ 60.00 S29 00865 THERMOPL ISTIC,EXTRUDED,SURFACE,NOA--PROFILED 180 $6.00 .W 414.00 LF $ 2.484.0 S 1,404.00 30 0867 PAVEMENTLEGEND,TYPEB-HS:ARROWS 0 $300.0 2.00 EA $ 6W.O0 $ 600.00 31 00867 PAVEMETTLFAEYA TYPEB-HS:BUMP 0 $330. 0.00 EA S S 32 00867 PAVEMENT LEGEND,TYPE B-H4 SPEED CUSHION 0 $600.0 0.00 EA S S33 00867 PAVEMENT LEGEND,TYPE B-HS:"SCHOOL XING" 0 $900.00 S 0.00 EA S $ 34 00867 PAVEMENT LEGEND,TYPE B-HS:BICYCLE LANE STENCIL 0 $350.00 0.00 EA s S35 00367 AVE6IEITBAR,TYPKB-HS 62 51000 620. 234.0 SQFT S 2.340.00 $ 1,720.36 (10990 DETTECTOR INSTALLATION,LOCUST AND MALI- $7,00.00 D.W LS 5 S 37 00990 DETECTOR INSTALLATION,72ND AND 9900 LS $9,000.0 O.W LS f $ 38 00990 DETECTOR INSTALLATION.72ND AND OR-117 RAMPS LS $s.00O.W f 0.00 Is 5 $ 39 00990 1131flECTORINSTALLATION.HUFTl3KER AND 72ND 0 I 0-00---j LS f S SUB 7'OTALSCNFDULEC F 145,00/.201 wim, 24,731,69 GRAN7)TOTAL f 1,341,1 1.429,705M 64114.94 0 ATTACHMENT B Aq Alf To: Murray Smith&Assoc Project: Tigard Pavement Management Date: 7/28/2016 Location:Tigard,Or We hereby submit a proposal for the specified project. The work shall be done in accordance with the specifications with the type of work quoted and or as noted in the proposal below. We shall provide all labor, equipment and materials required for the items quoted and or as noted below. We propose the following: CO#1 LIQUID DOMES ITEM NO. ESTIMATED QUANTITIES UNIT PRICE TOTAL 1 Install Approx.20 SF OF Liquid domes 1 LS $ 3,377.00 $3,377.00 To Include:grinding as needed ATTACHMENT C FORCE ACCOUNT WORK RECORD JOB 1635 PROJECT: DATE: 8/1/2016 CONTRACTOR: S-2 CONTRACTORS,INC. DESCRIPTION OF WORK: PAVE DRIVEWAY APPROACH 6913&6901 OAK Plus Reg OT burden DESCRIPTION HOURS Rate Rate 220% TOTAL SUPER Mike Casey Reg 2.50 $51.46 $ 62.78 $156.95 OT $70.14 $70.14 $ 171.14 $0.00 FOREMAN/OPER __ Mary R Reg 2.50 $50.46 $ 61.56 $153.90 OT $70.14 $70.14 $ 171.14 $0.00 FOREMAN/OPER _ Reg $50.46 $ 61.56 $0.00 OT $70.14 $70.14 $ 171.14 $0.00 OPER _...._.. ...._. .._.._.__.._...._._ Reg $49.46 $ 60.34 $0.00 $70.14 $70.14 $ 171.14 $0.00 OPER......_................_._.__........._.._._..__. Reg $49.46 $ 60.34 $0.00 OT $67.14 $67.14 $ 163.82 $0.00 OPER _ Reg $49.46 $ 60.34 $0.00 OT $67.14 $67.14 $ 163.82 $0.00 OPER _ Reg $49.46 $ 60.34 $0.00 OT $67.14 $67.14 $ 163.82 $0.00 LABOR ..__._.............._...............__.._._.._. Reg $41.15 $ 50.20 $0.00 OT $54.98 $54.98 $ 134.15 $0.00 LABOR Reg $41.15 $ 50.20 $0.00 OT $54.98 $54.98 $ 134.15 $0.00 FLAGGER _ _ _ _ _ Reg $36.50 $ 44.53 $0.00 OT $48.00 $48.00 $ 117.12 $0.00 FLAGGER__ _ _ _ Reg $36.50 $ 44.53 $0.00 OT $48.00 $48.00 $ 117.12 $0.00 All Equipment used Is charged at minimum 1/2 day rate. Equipment used over 3 hours charged for 1 day.OT charged as%of day CONTRACTORS OWNED EQUIPMENT by HOUR DESCRIPTION Quan RATE MINI ROLLER PICK UP 2.50 $ 29.03 $72.58 1 TON TRUCK 2.50 $ 45.62 $114.05 PLATE COMPACTOR 2.50 $ 6.50 $16.25 OUTSIDE RENTALS,MATERIAL,SUBS Quan R to Units TRUCK 3.00 $85.00 HR $255.00 AC 3/8'DW MIX 4.05 f $60.50 TON $245.03 D _'/ Sub-Total $1,013.76 p FEZ'a' polX' Plus 15%Overhead&Profit $152.06 �f� Total $1,165.82 '� SIGNAL ATTACHMENT D CONSTRUCTION GROUP,LLC CONTRACT CHANGE ORDER PRICING SUMMARY Project: FY 2016-17 Pavement Tigard Project No.: CCO#: 001 Date: Monday,August 22,2016 Description: Delete 6 Loops at 99W&72nd Labor Labor Class oty ST Hrs OT Hrs ST Rate OT Rate Amount Electricain 1 -3 $44.22 $66.33 -$132.66 Labor Subtotal -$132.66 Material Description Qty Unit Cost I Units Amount Loop Splice Terminal Click-Its -6 $25.00 EA -$150.00 Material Subtotal -$150.00 Equipment Description Hrs Rate Amount Crew Truck -3 $29.79 -$89.37 Equipment Subtotal -$89.37 Subcontractor Scope Qty Unit Cost Units Amount Traffic Signal Loop -6 $325.00 EA -$1,950.00 Subcontract Subtotal -$1,950.00 Summary Labor(x2) -$265.32 Material (17%) -$175.50 Equipment(17%) -$104.56 Subcontractor 8% -$2,106.00 Grand Total 142,651.38 Additional Contract Days Andrew Giesy ATTACHMENT D From: Kerry Robitsch<krobitsch@s2contractorsinc.com> Sent: Wednesday,August 31,2016 2:23 PM To: Andrew Giesy Subject: FW:Tigard Job Change Credit Hello Andrew, Below is Traffic Signal Explanation of Credit. Let me know as soon as possible on decision. I think if I was in there shoes I would feel the same way. Thank You, Kerry Robitsch S-2 Contractors, Inc 6860 S. Anderson Rd Aurora, Or 97002 PH: 503-651-4000 FAX: 503-651-4004 krobitsch@s2contractorsinc.com S-tam VIAS/NC From: Kris Karpstein [mailto:krisk@coralconstruction.com] Sent: Wednesday,August 31, 2016 11:24 AM To: Kerry Robitsch Subject: RE: Tigard Job Change Credit Kerry—Here is the process of the loop work. Prior to starting grinding we go out and locate the pockets. This work was attempted and we could not find them at 99W&72"d. Then we sent our electrician out with a locating device to see if he could identify where they might be stubbed up. He was unable to get accurate enough information however. This is more than typical. We then went out the night of grinding again to see if we could find them,which we did not. This also is above and beyond what we typically do. We asked if they needed to be replaced since we did not see any evidence of damage after the area was ground. The response was yes they needed to be replaced. At that point we went back out to the site with not only our locator but also with the use of a locator off the head of a boring machine to see if that could better identify where the pockets may be located. After spending most of the day they were only able to locate one pocket. This should have only been out there for 3 hours at most to get both pockets opened up. Then we submitted a price to install the new loop pocket. A meeting with ODOT ensued which we sent someone to. This is above and beyond was is typically done. It was found at that point that the front 6 loops were still good so we still needed to complete the 3 back loops. 1 ATTACHMENT D We installed those 3 loops with our subcontractor Traffic Detection and then finished splicing the loops the following day with our electrician. Really the costs we have incurred on this intersection were much greater than should have been in the first place. Our subcontractor Traffic Detection has a unit price for each loop so those were credited back per each. I then credited back the time we would have spent splicing the other 6 loops at that location since we had to be there anyway. Truly I should have charged an additional 4 hours of electrician time for all the extra work we did trying to find the pockets and being ultimately told that it was unnecessary. We had to still work at the location so you still had traffic control. I am not sure how you pay your traffic control sub but all the work was completed in less than a full 8 hour shift(I believe we finished in 4-5 hours)so even if the we completed the other 6 loops we would have still finished in an 8 hour shift. I hope this helps please let me know if you need any more information but we did spend much more than we should of trying to do everything we could find the pockets and avoid the changes. And as you know we tried to get the entire location deleted since it was seen after you ground S-2 did not damage or remove any of the loops that were there. Thank you, Kris Karpstein Coral Construction Company Signal Construction Group, LLC (503)682-2252 x135 office (503)427-2615 direct (541)410-5774 mobile (503)682-0110 fax krisk@coralconstruction.com From: Kerry Robitsch [m ai Ito:krobitsch @s2contractorsinc.coml Sent:Wednesday,August 31,2016 9:55 AM To: Kris Karpstein<krisk@coralconstruction.com> Subject: FW:Tigard Job Change Credit Hello Kris,Can you respond to Andrew's comment on loops credit on 99w&72"d Thank You, Kerry Robitsch S-2 Contractors, Inc 6860 S. Anderson Rd Aurora, Or 97002 PH: 503-651-4000 FAX: 503-651-4004 krobitsch ar s2contractorsinc.com 2 ATTACHMENT D From:Andrew Giesy[mailto:Andrew.Giesy(dmsa-ep.com] Sent:Wednesday,August 31, 2016 9:49 AM To: Kerry Robitsch Cc: Gabriel Crop; Mike McCarthy P. E. (mikem@tigard-or.gov) Subject: RE: Tigard Job Change Credit Hi Kerry, The lump sum bid price for the loops at 99W and 72nd was$9,000. Your proposed credit is for$2,651.38,which reduces the LS price to$6,348.62. Proportionally I was thinking we'd be more in the range of$3,500-$5,000,similar to the bid price of at the OR217 ramps and at Hunziker. I'm not seeing any reduced costs for traffic control or for S-2's costs associated with the installation. We're going to need further breakdown of your original LS to justify the credit. Please provide your LS breakdown for the original bid price identifying the credits for the removal of the 6 loops at this intersection. Please give me a call with any questions or comments. Thanks, Andrew Andrew Giesy, P.E. I Civil Engineer Licensed in OR 7:503.226.'7010 1 L;n-ra 5i��v.bast r=�rnln 883 S'A'51"Ave.,suite 1170 1 Portlond,Oraa-n °720-1 2012 1 v,,y,w.r�:.:, k,zw, 'oy,ZniNh &AssociE tes, inn. I Your Our Portland office has moved to a new location! Effective August 22nd,find us at 886 SW Sth Ave.,Suite 1170, Portland,OR 97204 N,Dfree:TP,-r-_r,rcc:'on,'an. attccn�.Jftic;c.a the r.1vute c..,7,: It,P i,,-:t,i.-ris cre pr, ns r F _d for the r,r.Aipt,u e,_-enefit cixl infc:m.tion of riic ir,tendef.­lr rer r nd.r.rrf.,_I anc.- r,ar., not the intended r•-cipient, o orf:h r-,khy ror fe.I lr: t cny di_cl.�uru,cc•py'nn,riLtributicn, rt(-.':ip cf an oth ,,r r o rr r_ _:ncL e f. ed -it rts:f th:.tran f.), -io;,r_s;r-tty proi,ibited,and ­oy c s, f.n;,=Cc;, 7kilit'. �n;ou, ,c I. ;f:ecuhu,,erF­c_iv=jti:;�+rnuilit.e.Tc „k n,r', u- fr n-_..M,tib. ,rrn>above addre:_. Please consider the environment before printing this e-mail. From:Kerry Robitsch [mailto:krobitsch@s2contractorsinc.com] Sent:Wednesday,August 24,201611:28 AM To:Andrew Giesy<Andrew.Giesv@msa-ep.com> Subject:FW:Tigard Job Change Credit Hello Andrew, Here is attached credit. 3 ATTACHMENT D From: Kris Karpstein [mailto:kriskecoralconstruction com1 Sent: Wednesday,August 24, 2016 8:37 AM To: Kerry Robitsch Subject:Tigard Job Change Credit Kerry—Attached is the credit for the 6 loops we are not doing at 99W&72"d. I should have gotten this over sooner. We cut the loops last night and are finishing all the splicing today. I will call Mike this afternoon when we are all complete. Thank you, Kris Karpstein Coral Construction Company Signal Construction Group, LLC (503) 682-2252 x135 office (503)427-2615 direct (541)410-5774 mobile (503)682-0110 fax krisk@coralconstruction.com 4 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVERY CONTRACT Contract Title: FY2016-17 PMP Pavement Rehabilitation (Overla4Number: ` p/-�co Contractor: S-2 Contractors, Inc. Contract Total: $1,341,591 Contract Overview: Services including construction of asphaltic concrete inlays and overlays asphalt concrete removal and repair, adjustment of facilities to match new pavement level =lying sealant. Work will include temporary signage protection and traffic control striping and pavement marking and construction of concrete curbs and ramps Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Insurance requirements from matrix 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: 6/2/16 End Date: 12/31/16 Quotes/Bids/Proposal: FIRM AMO T/ ORE S-2 Contractors Inc. $1,341,591.00 Knife River $1,386,862.00 Brix Paving $1,645,522.75 Kodiak Pacific $1,659 171 89 Baker Rock S1.795.172.95 Account String: Fund-Division-Account Work Order—Activity T=e Amount FY 2015 16 412-8000-56005 95001-140 $150,000 FY 2016/17 412-8000-56005 95001-140 S1.191.591 Approvals - LC RB Date: May 24, 2016 Department Comments: 01, Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: c � � City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Phone: (503) 639-4171 Fax: (503) 684-2797 CONTRACT DOCUMENTS for the construction of FY 2016-17 PAVEMENT MANAGEMENT PROGRAM Project No.: 2016-95001 OL � 4 Approved by: Mike McCarthy,P.E.,Project Manager Bid Proposals Due &Bids Open: April 21,2016-2:00 PM Version: Aril 4,2016 q e CITY OF TIGARD, OREGON CONTRACTDOCUMENTS FY 2016-17 Pavement Management Program Pavement Rehabilitation DATE DUE: Thursday, April 21, 2016 TIME DUE: 2:00 pm Envelopes must be scaled and marked with project title. Bidders must submit one (1) original of their Bid. If a bid exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this packet,to the Cite no later than 4:00 pm,April 21,2016 PROJECT MANAGER: QUESTIONS REGARDING THE BID: Mike McCarthy,P.E. Joe Barrett,Sr. Management Analyst City of Tigard,Public Works Engineering City of Tigard,Procurement Office Phone: (503) 718-2462 Phone: 503-718-2477 Fax: 503-624-0752 Fax: 503-684-2797 Email: mikem@tigard-or.gov Email: iosephQtigard-or.gojy SUBMIT BIDS TO: Joe Barrett, Sr. Management Analyst City of Tigard—Utility Billing Counter 13125 SW Hall Blvd Tigard, Oregon 97223 21P ; , CITY OF TIGARD ADVERTISEMENT FOR BIDS FY 2016-17 PAVEMENT MANAGEMENT PROGRAM-PAVEMENT REHABmxrATION 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,Thursday April 21,2016 for the FY 2016-17 Pavement Management Program Pavement Rehabilitation construction project. Bids will be opened and publicly read aloud immediately after the bid's closing time and date at Tigard City Hall. The project generally consists of the following- 1. ollowing1. Construction of asphaltic concrete inlays and overlays 2. Asphalt concrete removal (grinding) and repair 3. Adjustment of facilities to match new pavement level 4. Applying sealant along pavement edges and joints 5. Temporary signage,protection,and traffic control 6. Striping and pavement marking 7. Construction of concrete curbs and ramps 8. Performance of additional and incidental work as called for by the specifications and plans. Basis of Bid Award shall incorporate all items identified on the Bid Schedule. Pursuant to Tigard Public Contracting Rule 30.055,all bidders must submit a bid security to the City along with their bid in an amount equal to ten percent (10%) of their base bid. In the event a bid exceeds $100,000, Bidders must submit a First Tier Subcontractor Disclosure Form, provided in this packet, to the City no later than 4:00 pm local time,April 21,2016. The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and 2790 and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth in any contract resulting from this Invitation to Bid. Contractor shall provide proof to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under Oregon PWR law. No bid will be considered unless fully completed in a manner provided in the bid packet. Facsimile and electronic (email)bids will not be accepted nor will bids be accepted after the stated opening date and time.Bids received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required services. Bid packets may be obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd., Tigard, Oregon 97223, or may be downloaded from www.f!ggrd-or-M-,,/bu,-,iness/­­bids.i2 . The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in the public interest to do so. Published: Daily Journal of Commerce Date: April 8 and 11,2016 Published: Oregonian Date: April 8,2016 311' agc TABLE OF CONTENTS TITLE PAGE TitlePage...........................................................................................................1 Advertisement for Bids.....................................................................................3 Tableof Contents.............................................................................................4 INSTRUCTIONS TO BIDDERS Section 00120 Bidding Requirements and Procedures.............................................................5 Section 00130 Award and Execution of Contract_____ ___________________________ BID BOOKLET AttachmentA Proposal....................... -•----•-••-------------------•-••--•---•----------•--------......---------------...20 Attachment B Acknowledgement of Addenda----------------------------------------------------------------------29 Attachment C Bid Certifications_______________________________________________ ____________________ Attachment D First Tier Subcontract Disclosure Form............................ ___---_-__.31 Attachment E Bid Bond Form------------------------------- CONTRACT BOOKLET Attachment F Public Improvement Contract................................•_-__-_--______..__.__-_-.__........._..33 Attachment G Performance Bond Form--------------------------------------------------------------------------------48 Attachment H Payment Bond Form..........................•_-............................._ Attachment I Supplementary General Conditions................................................................52 AttachmentJ Special Provisions............................................................................................54 Attachment K Oregon BOLI Prevailing Wage.......................................... Attachment L Standard Details..............•-___-__•______....___......................_. DRAWINGS FY 2016-17 Pavement Management Program Pavement Rehabilitation Sheets 1 through 76 Dated April 7,2016 41P ia2e PART 00100—GENERAL CONDITIONS Section 00110—Organization, Conventions,Abbreviations,and Definitions This Section modifies Section 00110.20 (Definitions)of the 2015 edition of the Oregon Standard Specifications for Construction. Add the following: City—The City of Tigard,Oregon. Section 00120 -Bidding Requirements and Procedures This Section replaces Section 00120 of the 2015 edition of the Oregon Standard Specifications for Construction. 00120.00 Prequalification of Bidders The City will not be requiring bidder prequalification for this project. 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 are available online at www.tigard-or.�ov/business/bids.phn or in person at Tigard City Hall located at 13125 SW Hall Boulevard Tigard,Oregon 97223 at no charge. Copies of the Oregon Standard Specifications are available for download or purchase at: www.oregon.gov/ODOT/HWY/SPECS/Pages/2015—Standard_Specifications.aspx. (a) Paper Bids - Bidders must obtain Solicitation Documents from the City of Tigard, either online at www.tigard-or.gov/business/bids.12hl2 or in person at Tigard City Hall located at 13125 SW Hall Blvd, Tigard, Oregon 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. (Ile 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.cleanwaterservices.org Supplementary General Conditions Included in the Bid Booklet Manual on Uniform Traffic Control Devices (MUTCD) Oregon Standard Specifications for Construction 2015 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 51Pa 1r 0 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 referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder has examined the Project Site and Solicitation Documents, finds the Plans and Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the Work, and understands the conditions to be encountered in performing the Work and all requirements of the Contract. The City and its employees will not be responsible for loss or unanticipated costs suffered by the Bidder because of the Bidder's failure to become fully informed about all conditions of the Work,or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete. (a) Clarifications -Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing through the Procurement Office. Requests shall be made in sufficient time for the Agency's reply to reach all Bidders before Bid Closing. Oral explanations or interpretations given before receiving Bids for a Project will not be binding. To be binding, interpretation of the Plans and Specifications by the City must be made by written Addendum furnished to all Holders of Bidding Plans according to 00120.30. Notification of erroneous or incomplete Plans or Specifications shall also be submitted to the Procurement Office. Such notification shall also be made in sufficient time for the City to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing. (b) Protest of Specifications or Terms-A bidder who believes any specifications or terms detailed in 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 FY 2016-17 Pavement Management Program—Pavement Rehabilitation City of Tigard Atm: 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. 6111 . The City is not obligated to consider any protests unless the issue has first been submitted for clarification and a decision issued under subparagraph(a) above. 00120.16 Material, Equipment, and Method Substitutions - When the Contract specifies certain Materials, Equipment, and/or methods, the Bidder shall include those Materials, Equipment, and/or methods in the Bid unless the Engineer has issued an Addendum granting approval to substitute. The procedure for requesting approval is as follows: (a) Written Request - If a Bidder proposes to use Materials, Equipment and/or methods other than those specified, the Bidder shall send a written request to the Engineer, at least seven Calendar Days prior to Bid Opening, including complete descriptive and technical information on the proposed Materials,Equipment and/or methods. (b) Functional Similarity - Materials and Equipment proposed for substitution shall be similar in design,and equal or better in quality and function to those specified. (c) Manufacturer's Information - If manufacturers' brochures or information is needed, the Bidder shall submit three copies of each with all pertinent information clearly marked. (d) Differences - The Bidder shall specifically note all differences between the specified Materials, Equipment and/or methods and the proposed substitutes. (e) Cost - Where a substitute will result in alteration of the design or space requirements, or any other modifications to the Plans, the Bidder shall include in the substitution request all items of cost for the revised design and construction. (f) Notification of Holders of Bidding Plans - If the Engineer approves any proposed substitution, such approval, and any modifications necessitated to the design and construction by the substitution,will be acknowledged by addenda. Unless the Engineer has approved substitutions of Materials, Equipment, and/or methods prior to opening of Bids, the Bidder shall furnish the items specified in the Contract. Substitution after Award is specified in 00180.31(b),00180.31(c),and 00180.31(d). 00120.17 Use of City-Owned Land for Staging or Storage Areas - The Contractor may use Agency- owned property for staging or storage areas,subject to the following limitations: (a) Within Normal Right-of-Way Limits - If approved by the Engineer, the Contractor may use available property within the normal Right-of-Way limits for the purpose of constructing improvements under the Contract, as long as such use does not unduly impede other legitimate users of the Right-of-Way or adjacent properties. Where the City owns, or has rights to, other adjacent properties in the Project area, "normal Right-of-Way' is limited to aline 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. 71Pa -c 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. F-1 Clean up all hazardous materials deposited by,or resulting from,Contractor operations. ❑ Be responsible for all costs associated with use of the property. 00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are approximate and are provided only for comparison of Bids. The City does not warrant that the actual individual items, amount of Work, or quantities will correspond to those shown in the Bid Schedule. Payment to the Contractor will be made only for actual quantities of Work performed and accepted or Materials furnished and accepted,as required by the Contract. Quantities of Work to be performed and Materials to be furnished may each be increased,decreased,or omitted as provided in 00120.30 and 00140.30. 00120.25 Subsurface Investigations - If the City or its consultant has conducted subsurface or geologic investigations of the proposed Project Site, the results of the investigations may be included in written reports. If reports have been prepared, copies will be available at the Engineer's office. If the City has retained subsurface samples, they will also be available for inspection. Bidders and the Contractor may make arrangements for viewing the samples through the City's office. The availability of subsurface information from the City is solely for the convenience of the Bidder and shall not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required by 00120.15,or other responsibility under the Contract Documents. It is mutually agreed to by all parties that: ❑ The written report(s) are reference documents and not part of the Contract Documents. F1 The subsurface investigations made by the City arc for the purpose of obtaining data for planning and design of the Project. ❑ The data concerning borings is intended to represent with reasonable accuracy conditions and materials found in specific borings at the time the borings were made. 00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids - The City may modify the Solicitation Documents by issuance of an "Addendum" to all prospective bidders within a reasonable time prior to bid closing to allow bidders to consider them in preparing their bids,but in no case less than 48 hours before the bid closing. If an Addendum is necessary after that time,the City,at its discretion,can extend the closing date. Any Addendum issued, as a result of any change in the Solicitation Documents, must be acknowledged by 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. 81P <, ,� c 001.20.40 Preparation of Bids: (a) General (1) 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 (FAXP 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)). (b) 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: F1 00120.80, Preference for Oregon Resident Bidders rl 00130.80,Restrictions on Commencement of Work ❑ 00150.55,Coordination of Work ❑ 00150.75,Protection and Maintenance of Work Cl 00160.20(a),Buy America ❑ 00160.20(b),Buy Oregon ❑ 00 170.07,Record Requirements F1 00180.20,Subcontracting T.imitations ❑ 00 180.21,Subcontracting ❑ 00180.50(h),Contract Time Cl 00195.50(a-1),Incidentals ❑ 00195.00(a),Cost of Insurance and Bonds ❑ 00199.30,Claims Procedure (c) Bid Schedule Entries: (1) Paper 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. 91Px : c (d) 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. (e) Bid Guaranty -All Bids shall be accompanied by a Bid guaranty in the amount of 10%of the total amount of the Bid. (1) Bid Guaranty with Paper Bids—For Bids submitted by paper, 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 cashiers check or certified check made payable to the Agency. (see ORS 279C.365(4)). If a Surety bond is submitted, Bidders shall use the :'Agency's standard Bid Bond form included with the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted by mail, delivery service, or hand delivered to the offices and addresses,and at the times given in the paper Bid Booklet Acceptable Surety companies are limited to those authorized to do business in the State of Oregon. Forfeiture of Bid guaranties is covered by 00130.60,and return of guaranties is covered by 00130.70. A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly- and properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract has been executed or all bids have been rejected. (f) Disclosure of First-Tier Subcontractors - If a Bidder's Bid on a public improvement project exceeds $100,000, the Bidder shall, within two working hours of the time Bids are due to be submitted, submit to the Agency, on a form provided by the Agency, a disclosure identifying any first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is equal to or greater than: (1 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; F1 The dollar amount of the subcontract;and ❑ The category of Work that the Subcontractor would be performing. If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering "NONE" or by filling in the appropriate check box. For each Subcontractor listed, Bidders shall provide all requested information. An incomplete form will be cause for rejection of the Bid. The Subcontractor Disclosure Form may be submitted for a paper Bid either: ❑ By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it together with the Bid at the time and place designated for receipt of Bids; 101P Ige Q By removing it from the paper Bid Booklet, filling it out and submitting it separately to the Agency Procurement Office,at the address or FAX number given in the Bid Booklet. Subcontractor Disclosure Forms submitted by any method will be considered late if not received by the Procurement Office within two working hours of the time designated for receiving Bids. Bids not in compliance with the requirements of this Subsection will be considered non-responsive. 00120.45 Submittal of Bids: (a) Paper Bids - Paper bids may be submitted by mail, parcel delivery service, or hand delivery to the office and address, and at the times given in the Bid Booklet. Submit paper Bids in a sealed envelope marked as follows: FY 2016-17 Pavement Management Program—Pavement Rehabilitation Due Date: April 21,2016—2:00 pm City of Tigard—Utility Billing Counter Atm: Joe Barrett,Sr. Management Analyst 13125 SW Hall Blvd. Tigard,Oregon 97223 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. 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. (b) 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 Taw, ORS 192. The above restrictions may not include cost or price information,which must be open to public.inspection. 00120.60 Revision or Withdrawal of Bids: (a) Paper Bids (1) 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 Contracts and Purchasing Office in a sealed envelope that is marked "BID MODIFICATION"and list the original bid title and closing date. 11 � 1' acr (2) 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 immediately following the deadline for receiving bids as stated in the Advertisement in Tigard Cite Hall or other pre-identified location. Bidders may be present;however, award decisions will not be made at the opening. Bids will be opened and the total price for each Bid will be read publicly. 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. 00120.70 Rejection of Nonresponsive Bids—A Bid will be considered irregular and will be rejected if the irregularity is deemed by the City to render the Bid non-responsive. Examples of irregularities include without limitation: ❑ The Bid Section documents provided are not properly used or contain unauthorized alterations. ❑ The Bid is incomplete or incorrectly completed. ❑ The Bid contains improper additions,deletions,alternate Bids,or conditions. ❑ The Bid is submitted on documents not obtained directly from the City, or is submitted by a Bidder who has not been identified by the City as a Holder of Bidding Plans,as required by 00120.05. ❑ A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may be rejected. ❑ The Bid has entries not typed or in ink, or has signatures or initials not in ink (save for changes received by FAX as provided by 00120.60). ❑ Each change or correction is not individually initialed. White-out tape or white-out liquid is used to correct item entries. ❑ The price per unit cannot be determined. ❑ The Bid guaranty is insufficient or improper. ❑ The original Bid Bond form is not used or is altered. ❑ The Oregon Construction Contractors Board registration number and expiration date are not shown on the Bid if required in the Solicitation Document. This requirement applies to State-funded or locally funded Projects, with the exception of Aggregate production and landscape Projects (not required on Federal-Aid Projects). ❑ A disclosure of first-tier Subcontractors, if required under 00120.40(fl, 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 DBF?requirements of the solicitation. ❑ The Bid does not acknowledge all issued Addenda. ❑ The Bid contains entries that are not greater than zero. 121PP. Lr ❑ 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" mens a Bidder who is not a Resident Bidder as defined above. In determining the lowest Bid,the City will,for the purpose of awarding the Contract,add a percentage increase to the Bid of a Nonresident Bidder equal to the percentage,if any,of the preference given to that Bidder in the state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be published on or before January 1 of each year by the Oregon Department of Administrative Services. The City may rely on these percentages without incurring liability to any Bidder(ORS 279A.120). This increase will only 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. Cl Any of the grounds for disqualification cited in ORS 279C.440. A Bidder will be disqualified if the Bidder has: ❑ Not been prequalified,if required for the project,as identified in 00120.00; ❑ Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS 2790.860; F1 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. 131Pa _tQ 00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder - The Bid of a Bidder who is found to be nonresponsible according to the criteria listed in 00130.10 will be rejected. Refer also to ORS 279C.375(2). Section 00130—Award and Execution of Contract This Section replaces Section 00130 of the 2015 edition of the Oregon Standard Specifications for Construction. 00130.00 Consideration of Bids (a) The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon a finding of the City that it is in the public interest to do so. (b) The City reserves the right, as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any and all minor informalities that may arise in relation to this bid process. Minor informalities are matters of form rather than substance that are evident from the bid documents, or insignificant mistakes that can be waived or corrected without prejudice to other bidders or the City. The informality shall not affect price, quantity, quality, delivery, or contractual conditions except in the case of informalities involving unit pricing. (c) After opening and reading Bids, the Agency will check them for correct extensions of unit prices and totals. (see 00120.65) The total of extensions, corrected where necessary, will be used by the Agency for Award purposes. (d) Bids are considered as follows: The City's available budget for this project is $1,300,000 The bid schedule consists of a base bid package(Schedule A),plus four additional streets to be added to the base bid package (two in Schedule B and two more in Schedule C)in the order listed. The City will determine the lowest responsible bid based on the maximum number of packages that can be completed within the project's available budget. The City will consider all bids with respect to the base package and all addition packages and will award to the lowest responsible bidder that is able to complete the most streets within the City's available budget. For example,if three bids are received by the City with the"Schedule A+B"package (which adds two streets to the base Schedule A) at less than the available budget of$1,300,000 and the bids for "Schedule A+B+C"package (which adds four streets to the base) are all over$1,300,00,the City will make the lowest responsible bidder determination based on the"Schedule A+B"package. The total amount of the Bid and the total amounts for the base bid package and each additional package will be the total sum computed by adding the products of 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 the work at the unit price if their bid is accepted. Poi s (e) 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. C 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 agent}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: F1 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 30 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. 151 P ,i Lac 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;ie. 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-The Contract booklet may include,but may not be limited to: ❑ Special Provisions P Addenda ❑ Schedule of Items C Contract P Performance Bond ❑ Payment Bond ❑ Insurance Coverage Certification,Including Workers'Compensation 00130.40 Contract Submittals — Before the City will execute the Contract, the successful Bidder shall furnish the following. (a) Performance and Payment Bonds - When Awarded the Contract, the successful Bidder shall furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State of Oregon as required by Tigard Public Contracting Rule 30.190(A). The successful Bidder shall submit the standard bond forms, which are bound in the Contract booklet. Faxed or photocopied bond forms will not be accepted. The amount of each bond shall be equal to the Contract Amount. The Performance Bond and the Payment Bond must be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be affixed to each bond. A power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet, which must include bond numbers, and the Surety's original seal must be affixed to the power of attorney. Bonds shall not be canceled without the City's consent, nor will the City normally release them,prior to Contract completion. When a coating system warranty is required by 00594.75,the Contractor shall furnish a supplemental warranty performance bond, in addition to the regular Performance Bond for the Contract to the City, executed by a surety authorized to do business in the State of Oregon. The supplemental warranty performance bond shall be in the sum of 80% of the full Contract Amount. The bond is to secure the performance by the Contractor of correction work on any coating system defects that the Contractor may be directed by the City to perform. The Contractor shall use the City-provided form for the bond except that if the surety is a multiple surety, a copy of the form for a bond with multiple sureties shall be obtained from the City. The supplemental warranty performance bond shall be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal shall be affixed to the bond. A power of attorney for the Attorney-in-Fact shall be attached to the bond in the Contract booklet,which shall include bond numbers, and the Surety's original seal shall be affixed to 161PaL, r 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 h 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 the contract in this packet. 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 the agreement 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-Aid Projects;however, the Agency will not execute a Contract until the Contractor is so registered or licensed. (2) Bidders must be registered with the Corporation Division, Oregon Secretary of State, if bidding as a corporation, limited liability company, joint venture, or limited liability partnership, or if operating under an assumed business name and the legal name of each person carrying on the business is not included in the business name. (3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a construction project that includes landscape contracting as a portion of the project if the landscape contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520. (4) A landscaping business may bid on a 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) City Business License or Metro License - A City of Tigard Business License is required from the successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any person(s)engaging in business 171P in the City of Tigard shall have a current City of Tigard Business License. No contracts shall be signed prior to the successful Bidder obtaining a City Business License. The City of Tigard recognizes the Metro License for builders and landscape contractors. If your business is not located in Tigard and you have a Metro License,you are not required to obtain a Tigard Business License. For more information about the Metro License, call (503) 797-1620 or visit their website at www oregonmetro.gov. (f) Federal Tax Identification Number - Upon Notice of Contract award of, successful Bidder shall complete a Federal W-9 - Request for Taxpayer Identification Number and Certification Form for the city. 00130.50 Execution of Contract and Bonds: (a) By the Bidder - The successful Bidder shall deliver the required number of Contract booklets with the properly executed Contract, Performance Bond, Payment Bond, certification of workers' compensation coverage,and the required certificates of insurance, to the Procurement Office within 15 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the City and named in this Subsection, with original signatures. Certificates of insurance shall also be originals. Certificates of insurance for coverages that are permitted by the City, under the contract included to be obtained by appropriate subcontractors shall be delivered by the Contractor to the Cin together with the Contractors request under 00180.21 for approval of the subcontract with that g subcontractor. No copies of these documents will be accepted by the City. Proper execution requires that: 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. ❑ If the Contractor is a corporation, the President and the Secretary of that corporation shall sign the Contract, Performance Bond, and Payment Bond. However, if other corporate officers are authorized to execute contracts and bonds, the successful Bidder shall furnish .with those documents a certified, true and correct copy of the corporate bylaws or minutes stating that authority. If only one officer is signing,then the bylaws or minutes must include the authority to sign without the signature of others. The successful Bidder shall also include the title(s) or corporate office(s) held by the signer(s). (b) By the City - Within seven Calendar Days after the City has received and verified the properly executed documents specified in 00130.50(a), and received legal sufficiency approval from the City Council (if required), the City will execute the Contract. The City will then send a fully-executed original Contract booklet to the successful Bidder, who then officially becomes the Contractor. (e) Contract-.-after the award, the Contractor and the City will enter into a public improvement contract incorporating the terms and conditions of the Public Improvement Contract and the bid response. Vendors taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 00120.15(b) "Protest of Specifications or Terms" or their exceptions will be deemed waived. 181 P i r 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 Bidders 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 (7) Calendar Days after Bids are opened, except for those of the three apparent lowest Bidders on each Project. The guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders within seven (7) days of the Agency's execution of the Contract. 00130.80 Project Site Restriction - Until the City sends the Contractor written Notice to Proceed with the Work, and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not go onto the Project Site on which the Work is to be done, nor move Materials, Equipment, or workers onto that Project Site. The Contractor will not automatically be entitled to extra compensation because the commencement of Work is delayed by failure of the City to send the Contract for execution. However, if more than 30 Calendar Days elapse between the date the Bid is opened and the date the City sends the Contract to be executed,the City will consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract completion resulting directly from delay in commencement. 00130.90 Notice to Proceed - Notice to Proceed will be issued within five (5) 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). The City's Engineer shall issue a First Notification recording the date the performance of the Contract has begun. 1911' a ��r BID SCHEDULE FY 2016-17 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation Project No:C1P 2016-95001 OL SCHEDULE A Item No ODOT Section Number&Item Description Quantity Unit Unit Cost Total Cost ROADWORK do foo I UliinS-(:ONti'IRl'(:'1'TONSl'lI\"ia'\\"ORI: 1 l.S S1 000• S--1 000. 2 00)31x1-RT\fON'AI.OF SI'RPACINGS 1,3.10 S(2m S S. S 700. 40 Roadwork Total $ 140-100 . `V DRAINAGE AND SEWERS 3 (111490-;1171)AIANI IOLli PAVING RINGS 2.3 l:A S ZSO• $ 5,150. 4 011490)-AD)USITNG WA'I'IR OR GAS VATAT•.BOXES 45 rA S 1 O.%' 5 0(490)-AD]USI ING CATC1 i BASINS U 1iA S 5700. S O• 6 0(1490-:\Djus'nVG.%10N1.'\Ili\'1'BO\I;.S 9 S 7 00490)-REPLACE OR INSTA1,T.11t()N1'\[T-NT I3( X 1? r:\ � $ � ,SGp. o� Drainage and Sewers Total $ BASES 01162)-COLD PJ.A.N}:PA\'P\IFN'1 RFNJO\A1,0-2 8 10,662 SY S 3 . INC:HUN DF.PP 1) 1106211-CCT.D PT.3\f•:PA\T\[TiN'I�RT?Afn\'.\I,-2 25,R9Sls 3. s10 $ 90,639 . 52 IN{!II:S )lilP 111 00620- CO),D PT.:\NF.PA\'T\1RNT"RFT%10VM-3 191 S\ c b•04 $ (�I�6• I N C I IFS DI.EP 01"162oD 162o-COI PJ.:1N1'.13A\'Ii\IJiNT RI:\1O\:U,4 to 11 IN(:IIRS DrT-P 121 til' S (p. 5 7N4. 12 011640-AGGRFGA'ITL•S11OULDFRS T 1 TO\ s 100,E S1.100. a 13 00640)-AGGREGA'1 f BASS1� 21(1 1'C)N S 0 10 btu Bases Total $ WEARING SURFACES 14 11117115 li\Sl']51111:D,15PIi:\I:1'IN 1'OG C<);\"1' 1.5 TON S Z.o00 $ 3.m . ea 15 00745•11:\'1:1.2,1/2 INCH ACP,PG 64-22 1,950 I'O\ S 841.04 50 � 16 00745-1.}i\"1:1.3, 1/2 INC]I ACP,P(;64-22 3,390 TON seg.0 $ 301.110. 17 1111745-CU1113 til:AHN(; 19,722 l.Y' S— • ,� 5 1 0 , 18 007,45-6 IN(:H\\'lllli N1:1'I"HlatJa)haGE ShAL 1,934 1,!~ S s 4 83S 0(17:19-1:\'1'R.\FOR SPOT GRIND AND TNI..\1 N 19 1.724 S<))7) S 10.— S 11140 ARFAS . 20 0(1749-ASPH,U.T BL-Ri\IS 58 1-F S 10.oa S 'S$0.o� 21 011749-ASPI IALTSPE GD(:USI TIONS 7 E:\ 5 Z,5W. S 00. 22 111)749-FX RA FOR 13IiDI:STI'R1AN LANDINGS 3 F.A 5 1 Tp&*5 23 00759-CON'CRET]%CURBS.CURB ANIS GUTTER 310 1.]- S40." $ (2�yDV•.� va 0, 24 (10759-CONCRI:'1'1{CURBS,STANDARD CURB 727 1 J' S . � S 17 Z.• 25 (10'59 C( NCRJ'-,TI:CURBS.GR.Wh CORRLC1'lON 277 1.1 S 3$.oil S IL) 5Zb.� 26 00759-SI'RPACF\IOUNTI;D'1RVN(;A1"17D DO\IF.S 30 Sq-1' S 0•� 27 ()0759-CONCRID*E\\'Al.l(S 6,565 SQFI' c Z�, S 31,?!�• Wearing Surfaces Total $ 211 PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES 28 (10855-BI-I)IRI:Cl'I0NA1.Ii1,L 1:77"PI:IAR 11ARKIiRS 27 LA S 2900865-THFMIOPI.AS'1'1C,I:X7'RUDJ{D,Sl'R1-'ACl ,NON-PROFILED 46,O30 111 s 5 .Q� b �{�j 17.g• S-- a1 � 3)) 008671 . PAVEMENT LEGEND,T)TE B HS:ARROWS 55 EA S3000. b � 31 00861• VA\"I:\il.\"1'1,I:GIi\!),'11'1'1:B-I IS:13IN13 15 OWL I:.\ ,W 14 b 4095b. 00867-P:A\'Ji, 1.I:G1iND,'IYPI:11-HS:SP1:FD 043 2) 0+ CI'S111ON 33 00861 Y:A1'L'\(}i\1'1.1:61:\D,11'PJ:(f-HS:"SCHO(:)L 00 00 01)867 P.A\`P. I.P.GF.ND,71-PF.13 .T: o� � 3a 22 1::A S �. � S o� 35 00867. -PA\T\fT:N'I'T3:\R,'I')'PP.8-115 2,159 tit�l I' S10.� S Z 1 0• � Permanent Traffic Safety and Guidance Devices Total $ PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS nu99i)-DF'IT.CTORI'�STA11ATIO\,I.00USTANI� a� of 3l. I 1S S I-ow. b -1, 11.\I.I. 37 00990- D1:7'I:(;I'OR I\SI':AI.1.ATION,72\D AND 99W 1 I.S S (111911(1 Oli'17?C:1'UR 1NS'I'A1.1..A1'1()\,:'2\l)AM) OV 38 OR2I RA'�fl'S ) 1_S SS 5 (� 3) 009yi)-OR'I'RCl"OR 1NS'I AT.1.A'I'10\, FII-\ZTKF,,R 0 I'S S 3ilumidS Q, :\\D i2\1) Permanent Traffic Control and Illumination Systems Total $ SCHEDULE A TOTAL $ 1,013,9 S3,y� [7n� Nle n 11 Ar)l%rf Awe4n -�V.2ywj n IAt ww WFiOI " AAnlef- Dollars V SCHEDULE A BID TOTAL IN WORDS An� �r Cent 221, SCHEDULE B Item No ODOT Section Number&Item Description Quantity Unit Unit Cost Total Cost ROADWORK 00 tai I 00305-CONSTRUCTION SUR\Vla'X\'ORIS 1 I,S S s�00p, $ 7,000. 2 (J0310-RLi\IO\'_1LOFSURFACINGS 270 S()YD S S.'C $ 1,3fV. Roadwork Total $ b,3 50. 02 DRAINAGE AND SEWERS 60 ot 3 1;0490-ADD MANI JOIX PAVING RINGS 0 EA S Z.SW S 0. � 4 00490-AD)USTING WATFR OR GAS VALVE BOXES 11 EA S 150, o� 5 I'm. 5 00470-ADJUSTING CA'i'C;II BASINS 0 FA S Ste• S 0- 6 00490-ADJ1TS-ITNGMON I-SIT:\'I'BOXES 0 F.A 5 1SC; 5S Go 0049!1- RITLACE'OR INSTALL MONUMENT BO\ 2 EA S job, $ i,ock)• OJ Drainage and Sewers Total $ BASES 00621)-COLD PL:LNE:PA\1•'DIEN1'R.1-MOV L,0-2 KINCI IFS DI 0 S\' 53 . — Q. 006211-COLD PLAN1;PA\'1:\ll-:N7'R-",Nl )\':�L,2 • ) INCHES DEESi SU D, 7,?81 til' S 3 00620-COLD PLANK 3 6•o� S •�� 10 IN(IIF's DEEP 0 SY S 4 PA 0-COLD 131-NNE'-NNE' \'EME-NT RL•'MOV:U_,]1 01162INC[Ila DEEP U S1 S b S O' 12 00640- AGGIU GATL SHOL71.DHRS n TO.N S 100.E 13 00640. AG(;RI:GA17iBASIS 39 TON S O.°� 5 1,I?D• Bases Total $ Z,S,403 WEARING SURFACES 14 00705-E I1-ISITIED ASPI IAL:C IN P(X;COAT 0 J,o\, 51.00. 5 n•� 15 00745 I.1:\T:L2,1/21NCI1 A(:1',PG(A 22 1) TON $ 16 110745 I_J.\'El_3,]/2 INc;H:1C]',PG G4 22 870 TON S OIL- 5 '1'1,43t�. a3 17 (11 r45-CURB SEALING 1,397, LP 5 -! 5 q11. 9% 19 II11 45 6 1NCI1\Clllf:I'I:AT1113RIiD I,UG( S1iAl. 991 1.1' � 00749-T--.YI'RA FOR SPOT GRIND AND INLAY SQYD �S� I) AREAS 0 S 20 1111749-ASPIJAI:I'BIR\LS 0 IT S I0.q*_ $ 0. 21 011749-ASPH.U.T SPEED CUSHIONS 0 EA S Z,-'W S Q.-- 22 00749-E YIRA FOR 1'EDC'SYRIAN LANDINGS 0 EA S l,j• S 0 -0,,2 23 00759-CONCRETE CURBS,CURB AND(;L'TTAR 133 I.P S 40•� $'S_,S-LP. a oa 24 00759-CON'CRE111,CURBS,STANDARD CURB 59 LP S 6-* S 'L, °+ J 25 110759-CONCR1 AT.CURBS,GR;U)P.CORRE('I1ON 49 I.P S 31• $ 1.86 Z•s- 19 8i 26 011759-SL'Rl',1CI:\IOUN'1'1'.1) IRl'\(::1'1'7=1)DOMFS 0 SQI'1' S 0• $ 0 2 1759 < ONCRI;IL WALKS 1,297 S()11' 7.0. s7.5- 140.u0 wo Wearing Surfaces Total $ 1-31 -- '-31. PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES o� Sts 00855-131-D1RLC1'IONAL BLL'E'nTF IAlt\IARM,'IRS 6 1,A S 60. 1.10865-THFAINJOI)LASTIC,rX'J'RLIDJ--.D,SURPACI3, 9 S 00 2c) NOX-PROFILRD 9,040 LI` 5 •� b . �o pd i-PAVEMENT 1. GN ,T)TE 13-HS:ARROWS 18 A ^ b30 u08G cS � 31 111186'.• -1':1\'I \il:'�'I'Li:(;I:NI),'1TI'li B-IIS:BIND 1I 1::1 S 4�� b n(1867-P:\\'1'.Vlf?�'J'1.1=G1:ND,'ll'Pl.13-HS:SPFFD ;° CVSHJOT� f) S 0 F::1 S 33 00867 U LA S Gb S 0• 00' \1N(;" 34 011867 P:1\'1 \f1 N"1'].T(TND,'I 1T'1 13_IIS:J3T(:�"(:I.P. (� °� t00 35 un86'-PA\T\fP.T��i'B:\R,'I'1"PP.I3-FIS 385 SQi'1' S 10.0-0 $3,3$0. Permanent Traffic Safety and Guidance Devices Total $ ►� 9q� PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS n0990_nr'rrc'rOR INSTALLATION,l.()CI'ST,AND 00 as 36 0 is �1��. 5 b. 11:11.1. qe 37 0099,1-DFTF.CTOR INti'l:\1.1.:\'1'ION,72ND AND 99\\' 0 1.S Slipm- b 0 nn99n-DI3'1"1:("1'OR 1NS'1'AI.I.:Yf10N;-2ND AND 03 3K 1 I.S SS�O• 5 5�ADO. OR21 7 RAMPS � 39 (1099 L'1' 0-DI C-1 OR INSTALLATION, I IUNZIKI--R I I's S S00 S 3,5D0•oit AND-2N1) Permanent Traffic Control and Illumination Systems Total $ %,S o0 eJ 11 SCHEDULE B TOTAL $ I SZ,032,• 1—'CIM- �yrir�/td �jo j%-Ax.t 4�.l'� � j%16f$ * nlneN (enfS Belt-.trs- SCHEDULE B BID TOTAL 1N WORDS 11 AtA ��•• SCHEDULE A+B TOTAL $ 1 I S,cm, ;v oi* M 12 �►Jtct��trl.i\,yn 06Q41 it t +i%,?7hnJ move, ge,4, 1 5'IA Dollars C SCHEDULE +B BID TOTAL IN WORDS "• 241 SCHEDULE C Item No ODOT Section Number&Item Description Quantitv Unit Unit Cost Total Cost ROADWORK a 1 00305-CONS1'RUCrION St IRVI N\FORK I 1.5 S 1,000. $ 1,0w. — 2 00310-111;1\10VAL 01;SURFACINGS 40 SQYD SS T Z Ay. Roadwork Total $ DRAINAGE AND SEWERS 3 00490-ADD MANHOI.F.PAVING RINGS 11 1:A S 250; 5 7.."i5V. pe 4 00490-ADJUSTING A ATL-R OR GAS VALVE BOXES 12 I-A S ISLOO S IAX.4L 5 ('0490-AD ILIS'I*IN(;(:A'1'(:Il BASINS 5 EA S '500•40- 5 Z,5100.W_ 6 10490- APIUS-IING?%IO\I-VFN'I-B0XFS 0 P.A S I St.19 S o.41 Ov 7 011490-RIiPLACT.OR JNSI'U.I.\1O\L'\II:N'1'BO\ 0 1'A S 496 49 $ 0• �' Drainage and Sewers Total $ '1 ,OSO oa BASES 8 00620-(:(QLD PLLN-I)A\'L\LL:NT REMOVAL,0-2 2.3112 SY S SO 5 %ps-1. 1NOIIS DIRT 900620-COLI)PLANL 2 Y:1\'li\11iN"J'RE\lU\';U., 'S8 Sl' 1NCHI:S DF:LP 006211-COLD PLANT'., P:1\'f:1IT Nl'R6DIO\AL,3 a7 • 10 Z.7oc. INC)IP.S DP.I?P 450 SY S ]1 00620-COLD PLANE PAVEM1 NT R1 �IOVAL.4 11 S1' IN(AI1 5 DI:GP 00 12 00640-AGGREGATL SHOULDERS TON S 100• S loo.0° 13 006411-:\GC;RGG:1"17=.BASF, I 1 TON S �b. 5 33b.°3' Bases Total $ 14 1440• p0� WEARING SURFACES o ]4 (11)7(15(11)7(15 :L "f15-r111SIPIrD ASPT lAl:l'IN POG CUAI' 0 '1'O\ S� 0GOD,°�S 15 110745 ].B1'P.1-2,1,/2 1\CI I:1(:P,hG 64-22 1,]10 7'ON c S Cl 16 00745-LI.: PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES of o0 28 (10855-131-DIRECTIONAL BUIE 7YP1 ]AR MARKT RS G 1.:\ S 10. s 6d• 29 00865-THl RIICN'LAS'I1C,EXIAt'D1 D,SL 111-AC1=., 180 LP S 6• °=� j pg0• °%� NON-PROFILED S 30 0086', PAVE ENT LEGEND,nTE B-HS:ARROWS (1 E-A S - s �L off. 31 (1(1R6 -PA\'I{111.N'1'LI:(;1 N1).'IYPF.13-1 IS:BL'll' 1 FA a• s Q 32 110867-P:1\'I.AII:?T�'I'lJi(�P\D,'17T1:B-HS:SPFFI.-) Il 1 :1 S �.� $ V •� CUSHION 00867 1).A\'E\IFiNT IJ GI;iD,T1'P1-B HS:"SCH(_)()1_ v 33 o. XING" U EAS 00• s 34 00967 B-IIS:BICI'(:I.P. 11:1 S 3S0 4 S 0 LANF'STENCII. *I- 0Z 35 00M7-PA\T\frNT BAR,T)-PTF.B-HS (.2 SQI'i' S 10• s (0Zo. Permanent Traffic Safety and Guidance Devices Total $ PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS 00991 -DR'IT(A'OR INST U.I.A11ON,LOCUST AND 00 �•00 1 :11.1. ;6 1 I's S"1,M. $.1 37 (119911-DI:TrCI'OI(INSTALLATION,72ND AN1)91A a I's 59,,1CQQ.ao 5 00 38 10991- D1311{(:1'011 I" STALLA11ON.72ND AND Ls S5 �'p0 00o 1� �G60._ s OR21%R:\\IPS (1099(1-DE'1 I:("I OR INS'T'ALLATION, I JUNGIKI:R $ 0 39 1 I's {3,5�• s Permanent Traffic Control and illumination Systems Total $ 11 _- g^ (' SCHEDULE C TOTAL $ Of* 6j41VA �!JA 1"iye. Jr` &7,gl�J S14- 6,YV� 4� t-00r Dollars 4 *04A4 w SCHEDULE C TOTAL IN WORDS SCHEDULE A+B+C TOTAL $ 1k 1141 ,510 ,5-0 one M,k\,OY\—j1ni,%k �% ( gvfl•A opt �1�e.,�� �•ac �rJt i1.f�e�.1 Dollars .[� �yAlC045C SCHEDULE A+ +C BID TOTAL IN WORDS ll 261 The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard, within ten (10) days after receiving the Contract forms, a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent (100%) of the Contract sum, using the forms provided by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be The Undersigned hereby authorizes said surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to supply a Performance Bond and Payment Bond each in the amount of the Contract. The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City; that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of the Undersigned to execute and deliver the above-named Agreement Form, Performance Bond, and Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's option; but if the Bid is not accepted within sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form,Performance Bond,and Payment Bond,the Bid Security shall be returned. The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without collusion with and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit independent bidding or competition; and (2) The contents of the Bid have not been communicated by the Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such person prior to the official opening of the Bid. The Undersigned EN HAS ❑ )HAS NOT (checkplicable status) paid unemployment or income taxes in Oregon ,within the past 12 months and 01-ASHi1S NOT (check applicable status) a business address in Oregon. The Undersigned Z HAS ❑ HAS NOT (check applicable stalus) complied with any Affirmative Action Requirements included within the procurement documents. The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 2790.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is 6-72,5-3 with an expiration date of (o/it/0 . 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 27111 ai accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under the contract. The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is S%t E C o(c' , Policy No. -1101-1-7-3 ,and that Undersigned shall submit Certificates of Insurance as required. Name of Company: S-Z Cenk(caLin n,C Company Address: Align S Ankerson \�n-.& No(orc, C) CV100Z Federal Tax ID: 13-1 o Z.'5'iy4 Telephone: S11)1 LSI-4000 Fax: 5b3 - 6 S —4 oM (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 m meets these qualifications if selected for the subsequent Agreement. Authorized Signature: Printed Name &Title: l tti1^^ S1/.y.b-' U2, IC00 SW Date: 'Z.O(6 Payment information will be reported to the IRS under the name and federal taxpayer ID number provided above. Information not matching IRS records or not provided to the City could subject the successful Contractor to a twenty eight percent(28%) backup withholding. ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA CITY OF TIGARD FY 2016-17 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION I/WE H.MTE RECEIVED THE FOLLOWING ADDENDA: If none received,write `None Received" 1. 3. 2. 4. Date Signature of Proposer Title Corporate Name 291P' i =c ATTACHMENT C BID CERTIFICATIONS CITY OF TIGARD FY 2016-17 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin,handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or contract from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: �'eru'i Firm Name: Address: A4w-cn R rorz, Ofd `Il oo z_ Officer's signature: Type or print officer's name: 301I' a ,, c ATTACHMENT D FIRST TIER SUBCONTRACTOR DISCLOSURE FORM CITY OF TIGARD FY 2015-16 Pavement Management Program Pavement Rehabilitation BID #: CIP 2015-95001 BID CLOSING: Date: April 23. 2015 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) KR! e l LcAqq` i Per $ 1 y ^+ c Oy -Ag 2) �C / ' $ v I,0oo oI/'�J 3) 1`1 � �,Je n $ -1cl , U oy C7"rl ej 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. L Form submitted by (bidder name): J-2 �pR�(wC-f A)(S 11C- Contact name: Ke_r r�e Phone #: Sb3-6'S1-t(l�Oh Page 26 ATTACHMENT E BID BOND CITY OF TIGARD FY 2016-V PAVEMENT MANAGEMENT PROGRAM PAvEmp-NT REHABILmTIow S-2 Contractors, Inc. _ _ ,as"Principal; (Name of Principal) and Western Surety Company ,1n South Dakota Corporation, (Name of Surety) authorised to transact Surety business in the StAte of Ozegm, as "Surety,"hereby jointly and severally bind ourselves, out respective heirs, executors, a4 ministratots, successors, and assigns to pay unto the City of Tigard ("Obligee') the Sum of Ten Percent of Total Amount Bid-- atid �J100.Dollars($10%of Bid- ) WHER a S,the condition of the obligation of this bond is the Principal has submitted a bid or proposal to the Obligee in response to Obligee's solicitation for the project identified as FY 2016-17 Pavement Management Program—pavement Rehabilitation,which bid or proposal is made a part of this bond by reference,and Principal is required to ftuxiislh bid security in an amount equal to ten percent(10%)of the total amount of the bid pursuant to the solicitation document. NOW, THEREFORE, if the bid or proposal submitted by Principal is accepted, and if a contract pursuant to the proposal or bid is avmrded. to Principal, and if Principal enters into and executes such contract within the time specified in the said document= and delivers to Obligee its good and sufficient Performance Bond and Payment bond required by Obligee within the time fixed by Obligce, then this obligation shall be void;otherwise,it shall rcmait in Full force and effect. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 21st ay of April 2016 PRINCIPAL'S-2 Contractors, Inc. _ SURETy;Western Surety Company s g BY ATTORNBY-III-FACT Signature Gloria Bruning d Name& Printed arae - c Attest; Signature 1201 SW 12th Ave.,#500. Address Portland,OR 97205 City State Zip 32jPage Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Philip O Forker, Ray M Paiement, John D Klump, Gene M Dietzman, Vicki Mather, Gloria Bruning, Richard W Kowalski, Brent Olson, J Patrick Dooney, Karen A Pierce, Joel Dietzman, Christopher A Reburn, Tami Jones, Individually of Portland,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of October,2015. � Et}c WESTERN SURETY COMPANY 7 ?�vP0pPOggl�oT� := ell �45fA .pi Siont'O, aul T.Bruflat,Vice President State of South Dakota l JT County of Minnehaha ss On this 27th day of October,2015,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires S. EICH ; February 12,2021 NCRARIf KO ' SOUTH DAKOTA 1'�ti�MM���rtiMN• S.Eich,Notary Public CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof' still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this )'I "t/day of h Ulu C0.1 WESTERN SURETY COMPANY «?4avoogr;$ WI {_ ��\Sf Av vi L.Nelson,Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ATTACHMENT F PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT CITY OF TIGARD FY 2016-17 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION THIS CONTRACT, made and entered into this 25`' day of May, 2016,by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and S-2 Contractors, Inc. hereinafter called "Contractor",duly authorized to perform such services in Oregon. RECITALS WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions hereinafter described;and WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Bid Proposal; THEREFORE, in consideration of the promises and covenants contained herein,the parties hereby agree as TERMS OF AGREEMENT 1. Services Contractors services under this Agreement shall consist of the following: A. Construction of asphaltic concrete inlays and overlays B. Asphalt concrete removal(grinding) and repair C. Adjustment of facilities to match new pavement level D. Applying sealant along pavement edges and joints E. Temporary signage,protection,and traffic control F. Striping and pavement marking G. Construction of concrete curbs and ramps H. Performance of additional and incidental work as called for by the specifications and plans. 2. Prevailing Wage The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor,and attached hereto. If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services, the City may pay for those labor and services and withhold these amounts from payments that are due the Contractor in accordance with ORS 279C.515 Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in every subcontract to this Agreement that the subcontractor file a public works bond with the Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless otherwise exempt. For contracts $50,000 or greater,the City shall pay a fee equal to one-tenth of one percent (.001) of the price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the first progress payment or sixty (60) days from the date work first began,whichever comes first. 3. Pre-Construction Conference Contractor and listed subcontractors shall attend and participate in any pre-construction conferences described or listed in the general conditions before any work is started on the project site. 4. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement, in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract documents include the documents with the following titles that are bound in the solicitation documents and the standard documents comprised of the 2015 Oregon Standard Specification for Construction. 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 (2015 Oregon Standard Specification for Construction as amended by the Special Provisions) Standard Specifications(2015 Oregon Standard Specification for Construction 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(afWrd-or gov. 6. Contractor's Representative For purpose hereof, the Contractor's authorized representative will be Kerry Robitsch. 7. Contractor Identification Contractor shall fiunish to the City the Contractor's employer identification number, as designated by the Internal Revenue Service,or Contractors social security number,as City deems applicable. 8. Compensation A. Progress Payments: City agrees to pay Contractor One Million Three Hundred Forty-One Thousand Five Hundred Ninety-One and No/100 Dollars($1,341,591.00)for performance of those services provided hereunder,which payment shall be based upon the following applicable terms: The City will pay only for measured Pay Item quantities incorporated into the Work or performed according to the terms of the Agreement. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment. Payment constitutes full compensation to the Contractor for furnishing all materials, equipment, labor,and incidentals necessary to complete the Work;and for risk,loss,damage,and expense arising from the nature or prosecution of the Work or from the action of the elements, subject to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. When the specifications state that the unit price for a Pay Item is compensation for certain materials or work essential or incidental to the Pay Item, the same materials or work will not be measured or paid under any other Pay Item. Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,Tigard, Oregon 97223, a statement of services rendered,indicating the description of each service used in the proposal and the dollar amount of each service completed through the state date,together with a request for payment duly verified by the Contractor's Representative and copies of certified payroll statements. Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. The City shall retain the right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. As required under State of Oregon Prevailing Wage Rate (PWR)Law,the City shall withhold 25%of any progress payment amounts owed to Contractor if Contractor has failed to file certified statements with the City. B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS 279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the statement of services. The Contractor agrees that the "Time of Completion" is defined in the Bid Proposal,and agrees to complete the work by said date. The Contractor and City agree that the City will suffer damages each day the work remains uncompleted after the Time of Completion and that the amount of those damages are difficult to calculate. Contractor and City agree that a reasonable amount of damages for late completion is$500.00 per day and Contractor agrees to pay damages in that amount if the work is not completed by the Time of Completion. C. Final Payment: The Contractor shall notify the City in writing when the Contractor considers the project complete, and the City shall,within 15 days after receiving the written notice, either accept the work or notify the Contractor of work yet to be performed on the contract. Upon acceptance by the City, the entire balance due to the Contractor, including the retained percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final acceptance. The City shall pay to the Contractor interest at the rate of one and one-half percent per month on the final payment due the Contractor, to commence 30 days after the work under the Contract has been completed and accepted and to run until the date when final payment is tendered to the Contractor. If the City does not,within 15 days after receiving written notice of completion,notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run 30 days after the end of the 15-day period. As a further conditions of final acceptance,the City may require the Contractor to submit evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness connected with the project have been paid,except that in case of any disputed indebtedness or 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 nor anything contained herein shall be deemed to create any contractual relation between the Subcontractor and City. This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon the City and the Contractor respectively and their legal representatives. Contractor shall not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the written consent of City,and any assignment or delegation in violation hereof shall be void. Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid not less that the PWR Law specified minimum wage. 11. Contractor-Payment of Benefits - Hours of Work A. The Contractor shall: 1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in this contract; 2) Pay all contributions or amounts due the under the Industrial Accident Fund form the Contractor or subcontractor incurred in the performance of this Agreement; 3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on account of any labor or material furnished; B. The Contractor or the Contractors 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 Contractors Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records for the prior week,including the same and address of each worker,the worker's correct classification,rate of pay,daily and weekly number of hours worked,deductions made and actual wages paid. 2) Each certified statement required herein shall be delivered or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as follows: a) Each Contractor or Subcontractor shall preserve certified statements for a period of three years from the date of completion of the contract. C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with this contract as such claim becomes due, the proper office of the City of Tigard may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the Contractor by reason of such contract. Payment of a claim in this manner shall not relieve the Contractor or the Contractors Surety from obligation with respect to any unpaid claims. D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day, or 40 hours in any one week,except in cases of necessity or emergency or when the City deems it in the best interest of the public or policy absolutely requires it,in which event,the person so employed for excessive hours shall receive at least time and a half pay for the following. 1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday;or 2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and 3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540. E. The Contractor agrees.to provide a written schedule to all employees showing the number of hours per day and days per week the employee may be required to work. F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law,the City's personnel rules or union agreement. The Contractor shall require every subcontractor to comply with this requirement. G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within 30 days after receipt of payment form the City or from the Contractor to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest commending at the end of the 10 day period that the payment is due under ORS 279C.580,unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS 279C.515(2). If the Contractor or any subcontractor fails, neglects, or refuses to pay a person 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 279G580. Contractor shall include a clause in each contract with a subcontractor requiring the subcontractor to meet the same payment and interest standards as required by ORS 279C.580 (4). 12. Drug Testing Program ORS 2790.505 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. Contractors Employee Medical Payments Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation furnishing medical,surgical,and hospital care or other needed care and attention incident to sickness or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law,contract or agreement for providing or paying for such service as referenced in ORS 279C.530. 14. Early Termination A. This agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute;or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 15. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal,state,local,or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors,agents,and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed,or 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is 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 pre)udice 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 Propertyof City All work performed by Contractor under this Agreement shall be the property of the City. 18. Adherence to Law A. Contractor shall adhere to all applicable laws governing its relationship with its employees,including but not limited to laws, rules, regulations, and policies concerning workers' compensation, and minimum and prevailing wage requirements. B. To the extent applicable,the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to the Acts. C. As provided by ORS 279C.525,all applicable provisions of federal,state or local statutes,ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid,the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable extension, if necessary, of the contract time, a reasonable adjustment in the contract price,if necessary,to compensate the Contractor for all costs and expenses incurred,including overhead and profits,as a result of the delay or additional work. Pursuant to ORS 279C.525(1),the following list identifies Governmental Agencies of which the City has knowledge that have enacted Environmental Laws which may affect the performance of the work: FEDERAL AGENCIES ➢ Agriculture • Department of Forest Service • Soil Conservation Service ➢ Defense • Department of Army Corps of Engineers Energy • Department of Federal Energy Regulatory Commission Environmental Protection Agency ➢ Department of Health and Human Services Housing and Urban Development • Department of Solar Energy Conservation Bank ➢ Interior,Department of • Bureau of Sports Fisheries and Wildlife • Bureau of Outdoor Recreation • Bureau of Land Management • Bureau of Mines • Bureau of Indian Affairs • Bureau of Reclamation • Geological Survey • Minerals Management Service ➢ Labor,Department of • Mine Safety and Health Administration • Occupational Safety and Health 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. ChaMes City may at any time,and without notice,issue a written Change Order requiring additional work within the general scope of this Contract,or any amendment thereto,or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work,an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement,no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City, which expressly states that it constitutes a Change Order to this Contract. The issuance of information,advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract, as changed. 20. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of its obligation under Contract. 21. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 22. Warranties All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance of the work by the Owner. Contractor warrants that all practices and procedures,workmanship, and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this contract. 23. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 24. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the appropriate court of the State of Oregon. 25. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of the Contractor, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 26. Indemnification Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place)that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 27. Insurance Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance: 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 fiunish 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 S-2 CONTRACTORS,INC Attn: Mike McCarthy Attn: Kerry Robitsch Address: 13125 SW Hall Blvd Address: 6860 S Anderson Rd Tigard,Oregon 97223 Aurora OR 97002 Phone: (503) 718-2462 Phone: 503-651-4000 Fax: (503) 624-0752 Fax: (insert#) Email: mikem@igard-or.gov Email: krobitsch@s2contractorsinc.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 full force and effect and shall in no way be affected or invalidated thereby. 32. Demolition—Salvage and Recycling As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition debris if feasible and cost-effective. 33. REPRESENTATIONS 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: May 24,2016. CITY OF TIGARD S-2 CONTRACTORS,IN 1- ' Q,0 Signature Signature kAa'&ktw L— Printed Name&Title Printed Name&Title (o. (y 2oI(P (0-2- 1 Date Date ATTACHMENT G PUBLIC IMPRPOVEMENT CONTRACT -PERFORMANCE BOND CITY OF TIGARD FY 2016-17 Pavement Management Program Pavement Rehabilitation Bond Number:929624572 Project Name:FY 2016-17 Pavement Management Program-Pavement Rehabilitation Western Surety Company (Surety #1) Bond Amount No. 1: $1,341,591.00 (Surety #2)* Bond Amount No. 2* $ *If using multiple sureties Total Penal Sum of Bond: $1,341,591.00 We, S-2 Contractors, 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 Million Three Hundred Forty One Five Hundred Ninety One& No/100--($1,341,591.00) (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severaIIy' 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 nuH 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 481Page of any such change, extension of time, alteration,or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 26th day of May 2016 PRINCIPAL: 5-2 Contrac nc. By: V fi� — ignature V,W5w, V? Apa?. 5y. Printe ame&Title Atte s S ETI':Western Surety Company (--4eld zgrurturrs for each surely if using muh le bond4 BY ATTORNEY-IN-FACT: (Pmver of-�4ltorney must aaompa�.y each surely band) Gloria Bruning Name ,,. Ulf)� Signature 1201 SW 12th Ave.,#500 Address Portland,OR 97205 City State ZIP 503-224-2500 503-224-9830 Phone Fax 491Page ATTACHMENT H PUBLIC IMPROVEMENT CONTRACT- PAYMENT BOND CITY OF TIGARD FY 2016-17 Pavement Management Program Pavement Rehabilitation Bond Number:929624572 Project Name:FY 2016-17 Pavement Management Program-Pavement Rehabilitation Western Surety Company (Surety #1) Bond Amount No. 1: $1,341,591.00 (Surety #2)* Bond Amount No. 2:* $ *I u.rin&mulhple suer ier Total Penal Sum of Bond: $1,341,591.00 We, S-2 Contractors, 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 Million Three Hundred Forty One Five Hundred Ninety One& No/100--($1,341,591.00) (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severaIIy' 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 prorrip�y 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 501Page the Principal by the laws of the State of Oregon,then this obligation shall be void, otherwise, it shall remain in full force and effect. Nonpayment of the bond premium will not invalidate this bond nor shall 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 May 2016 PRINCIPAL• S-2 Contrac c. By: UIQ ignature 11.1 dw P d Title Atte azo 1011, SURETY:Western Surety Company (Add signatures for each smrrty if Hsing muk p!e bonds] BY ATTORNEY-IN-FACT: (Power-of-Attorney must auompary each surety bona) Gloria Bruning Name � ��1MiVLl Signature 1201 SW 12th Ave.,#500 Address Portland,OR 97205 City State Zip 503-224-2500 503-224-9830 Phone Fax 511Pagc • Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Philip O Forker, Ray M Paiement, John D Klump, Gene M Dietzman, Vicki Mather, Gloria Bruning, Richard W Kowalski, Brent Olson, J Patrick Dooney, Karen A Pierce, Joel Dietzman, Christopher A Reburn, Tami Jones, Individually of Portland,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of October,2015. ETyh. WESTERN SURETY COMPANY �aQ%4pP0A,Oto. s_W€4 �'iiF CA %P aul T.Bruflat,Vice President State of South Dakota l JT County of Minnehaha ss On this 27th day of October,2015,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires I•""""'•`"�**`*•*"•"••` • S. ETCH • February 12,2021 !/ �NPUBl1C1a°�:dt, t 0rARUTH$ QylKX J KOM S.Eich,Notary Public CERTIFICATE I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof i_ s still in force. In testim^ony,whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of IY11/\V1AW,•I W V •�IRET , , ,�'� '••..,cox WESTERN SURETY COMPANY o.�'lpPPOggj:;ie =..�5 CA y 9'irii oaK°� L.Nelson,Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ATTACHMENT I SUPPLEMENTARY GENERAL CONDITIONS CITY OF TIGARD FY 2016-17 Pavement Management Program Pavement Rehabilitation The following provisions supplement and amend the General Conditions (defined in the Agreement). Section 00120,Bidding Requirements and Procedures-- Note that this section has been modified earlier in these bid documents Section 00130,Award and Execution of Contract— Note that this section has been modified earlier in these bid documents Section 00150.10(a) Order of Precedence - The Engineer will resolve any discrepancies between these documents in the following order of precedence: ❑ 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; F1 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, "Excess Materials, ordered or produced by the Contractor, without approval of the Engineer,may be purchased by the Agency at the sole discretion of the Agency. (see 00195.80)" Section 165.03 Testing by Agency -- Delete the words "it's 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. 521Pa r Section 170.72 Indemnity/Hold Harmless--Delete entire section. Section 170.94 Use of Explosives -- Change the first sentence to read, "Explosives shall not be used on this project." Section 180.20(a) Subcontracting Limitations,General--Delete the first sentence. Section 180.22 Payments to Subcontractors and Agents of the Contractor--Delete the second paragraph. Section 180.31 (b)(1) Reason for Substitution--Add the following word to the beginning of the first bullet "In the judgment of the Engineer". Section 180.50(c)Beginning of Contract Time-- change the paragraph to read,"When the Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin with the first Calendar Day following the date of the Notice to Proceed." 00180.50(h) Contract Time Limitations — Paving work on this project shall not commence before July 1, 2016. Sidewalk ramp work may commence before July 1, 2016, however, the total dollar amount of work performed before July 1, 2016 shall not exceed $150,000. Work to be done under the Contract must be substantially complete before August 15, 2016. All striping, punch list items and cleanup must be complete by August 31, 2016. Section 195.10 Payment for Changes in Materials Costs,Delete entire section. Section 195.12 Steel Material Price Escalation/De-Escalation Clause--Delete entire section. Section 195.50(a)(2)Value of Materials on Hand -- Delete paragraph. Section 195.50(b) Retainage: Change the first paragraph to read. "The amount to be retained from progress payments will be 5%of the value of Work accomplished, and will be retained in one of the forms specified in Subsection (c) below. Section 195.60 Advance Allowance for Materials on Hand: Delete entire section. Section 195.80 Allowance for Materials Left on Hand: Delete entire section. Section 199.40 Claims Decision Review,Delete entire section. 531Pa— r ATTACHMENT J SPECIAL PROVISIONS CITY OF TIGARD FY 2016-17 Pavement Management Program Pavement Rehabilitation The Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer. Gabriel E.Crop i 'r 70713, Y ORrGM c, �•�t71E1_E.G, EXPIRES: 1Z_11•Zo/7 WORK TO BE DONE The Work to be done under this Contract consists of constructing street and ramp improvements and pavement rehabilitation shown on plans entitled: FY 2016-17 Pavement Management Program Pavement Rehabilitation APPLICABLE SPECIFICATIONS The Specification that is applicable to the Work on this Project is the 2015 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`Cite'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. See the Supplementary General Conditions (Attachment 1)for other modifications to certain sections. 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 00140-SCOPE OF WORK 00140.30 Agency-Required Changes in the Work—Add the following to the end of this subsection: The City may add work,up to 25%of the total project value without changes in unit prices except for specific items where the addition significantly changes the character of the work. 541Pc The City may delete streets from this project and/or reduce the length of work along streets up to 25%of the total project value without changes in unit prices. The City's anticipated budget for this project is$1,300,000. The City may add or delete streets or sections of streets to meet this budget without changes in unit prices except for specific items where the addition significantly changes the character of the work. SECTION 00150 —CONTROL OF WORK Comply with Section 00150 of the Standard Specifications modified as follows: 00150.40 Cooperation and Superintendence by the Contractor — Add the following to the end of this subsection: A project superintendent (whose contact information has been provided to the city) shall be physically present at the work site at all times that work is being performed. This superintendent shall have a full set of project plans and specifications with them on the jobsite. This superintendent shall be sufficiently free of other tasks to effectively manage the project,including being available to communicate with city project staff at all times. The Contractor's attention is directed to Section 0150.55, "Cooperation with Other Contractors," of the Standard Specifications. Certain work within this contract requires coordination with the work of other agencies or contractors. The Contractor shall cooperate fully with other agencies/ contractors and carefully fit his own work to such other work as may be directed by the Engineer. The Contractor shall not commit or permit any act to be committed which will interfere with the performance of work by any other agency/contractor. 00150.50 Cooperation with Utilities —Add the following to the end of this subsection: The Contractor shall notify all utility agencies which may be affected by the construction operation at least 48 hours in advance when their services will be affected by the work. The following information is included for the Contractor's convenience: Utility Notification Center 503-246-6699 800-332-2344 Utilin. Agency Contact Phone Water City of Tigard Sam Morrison 503-718-2600 24-hour 503-639-1554 Sanitary Sewer City of Tigard Theresa Reynolds 503-718-2704 Storm Sewer City of Tigard Theresa Reynolds 503-718-2704 Power PGF. 24-hour 503-464-7777 Damage&Repair 503-736-5662 Tod Shattuck 503-672-5466 Cable Comcast Ken Parris 503-969-8662 Damage&Repair 503-617-1212 Telephone Frontier 24-hour 1-877-462-8188 Bob Plant 503-644-7153 Gas NW Natural Bob Keller 503-816-0299 Andrea Kuchnel 971-409-7594 Damage&Repair 503-226-4211 5511) c Street prep shall include replacing and installing survey monument boxes as specified in plans. Those requiring adjustment can be done during the overlay process. It is the contractor's responsibility to adjust utility structures and maintain adequate access to those utilities (in the judgment of the engineer) regardless of cooperation(or lack thereon from affected utilities. SECTION 00165—QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications,modified as follows: 00165.04 Cost of Testing—Delete the first paragraph SECTION 00170—LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the Standard Specifications modified as follows: 00170.80(a) Responsibility for Damage in General—Replace this subsection with the following: 00170.80(a) Responsibility for Damage in General—The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been completed and accepted by the City. The Contractor shall provide adequate protection for property, trees, landscaping, irrigation, wiring, and any other items adjacent to the work area. Existing trees,property, shrubs,plants,pipes,wiring,or any other items that are not to be removed but are injured or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense. Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work,except as otherwise provided in this Section. SECTION 00180 — PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications modified as follows: 00180.41 Project Work Schedules —Add the following to the end of this subsection: The contractor shall provide a work schedule acceptable to the engineer a minimum of 7 days in advance of any lane closures indicating the date work is planned for each street Should rescheduling become necessary, no work shall be done until the City approves the revised schedule and residents are provided notice with adequate time (normally-24 hours) before the work commences. Prior to performing each specific work task, the contractor is required to inform the city inspector(s) specifically what tasks will be performed and precisely when and where those tasks will be performed. Work performed without providing advance notice to city inspectors may be rejected for failure to provide advance notice,even if no other reason is documented for such rejection. Add the following subsection: 00180.50(h) Contract Time — Paving work on this project shall not commence before July 1, 2016. 561 P : ` � Sidewalk ramp work may commence before July 1, 2016; However, the total dollar amount of work performed before July 1, 2016 shall not exceed $150,000. Work to be done under the Contract must be substantially complete before August 15, 2016. All striping,punch list items and cleanup must be complete by August 31, 2016. 00180.85(b) Liquidated Damages—Add the following paragraph to the end of this subsection: The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $700 per Calendar Day. SECTION 00195—PAYMENT Comply with Section 00195 of the Standard Specifications modified as follows: 00195.10 Payment for Changes in Materials Costs—This section is not used on this project. SECTION 00210-MOBILIZATION Comply with Section 00210 of the Standard Specifications modified as follows: 00210.90 Payment—Replace this subsection,except for the subsection number and title,with the following: No separate payment will be made for mobilization. SECTION 00220-ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.02 Public Safety and Mobility-Add the following bullet to the end of the bullet list. F1 The maximum closure time for any single curb ramp shall be one week. Submit traffic control plan and pedestrian detour plan for ramp closures. Plan shall include but is not limited to work area protection, sidewalk closures and detours. Replace the bulleted item that begins'Do not stop or hold vehicles...."with the following: ❑ Do not stop or hold vehicles for more than 5 minutes. Replace the bulleted item that begins Do not block driveways'with the following: L, Do not block driveways, intersections or approaches without the approval of the 1:ngineer. Provide reasonable access, such as temporary ramps, to driveways, intersections or approaches at no expense to the City. Add the following: 571 Pi c All streets shall remain open to traffic throughout construction unless otherwise described in subsection 00220.40(e). The contractor must obtain the engineer's approval of a traffic control and signage plan for each street on which traffic will be disrupted at least 7 days before work on that street begins, shall implement the plan before occupying any portion of the street, and shall maintain traffic control in accordance with that plan, or as otherwise directed by the engineer, for the duration of the work. The amount of time that a roadway is left unstriped or with temporary striping must be minimized. Permanent striping must be replaced on the roadway as soon as feasible; a maximum of 10 calendar days after construction activity removes or covers roadway striping. The amount of time that a roadway is left with a rough surface from pavement grinding must be minimized. Pavement overlays must be constructed as soon as feasible; a maximum of 48 hours after pavement grinding. Do not place work zone signs or supports that will block existing walkways or existing bikeways unless otherwise approved by the engineer. The engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any time if,in their judgment, such action is necessary to reduce excessive delays and/or protect public safety. 00220.03 Work Zone Notifications—Add the following to the end of this subsection: 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 properties surrounding the streets to be paved. The Engineer will provide a map showing the specific properties where door hangers are to be hung. Door- hangers shall be marked with the dates and times that the street would be significantly affected. Door- hangers shall be delivered 48 to 72 hours before traffic would be significantly impacted on that street. In the event of a significant schedule change, door-hangers shall be redelivered with the revised work dates/times 24 hours before significant street impacts. Work may be not allowed if timely notification has not been provided. The city will provide door-hangers for the contractor to add schedule information and deliver. Notify emergency services and organizations listed below 10 calendar days in advance of street closures. The following information is provided for the contractor's convenience: ❑ Emergency Services 911 ❑ City of Tigard Police Department (Non-Emergency) 503-629-0111 ❑ Tualatin Valley Fire&Rescue (Amber Cross) 503-612-7000 ❑ United States Post Office (Non-Emergency Services) 503-968-0753 ❑ United States Post Office (Emergency Services) 503-968-2991 ❑ Tigard-Tualatin School District Qean Devenport) 503-431-4046 ❑ First Student 503-431-2345 ❑ Tri-Met—Road Operations 503-962-4949 58111 ❑ Pride Disposal (Kristin L.) 503-625-6177 00220.40(e-1) Closed Lanes-Replace this subsection,except for the subsection number and title,with the following: Allowable work hours and lane closures for Locust Street,Walnut Street, 121"Avenue,Ventura Court and Oak Street will be Monday through Friday from 7:30am to 7:OOpm. Ventura Court and Oak Street may also be closed to through traffic for up to two days total while paving and grind/inlay is in progress,as long as detour plans have been approved by the Engineer and fully implemented. Work involving lane closures on 72°`'Avenue at Hwy 217,Hunziker Street, Sandburg Street,Landmark Lane and 72"Avenue between Boones Ferry Road and north of Durham Road must be completed at night or on a Saturday. Weekend work on other streets is not permitted unless specifically authorized by the Engineer. If completed at night,lane closures on these streets will only be permitted between 8:00pm and 6:OOam. Work involving lane closures on 78'hAvenue,Dartmouth Street,72'd Avenue at 99W and 72°d Avenue from Durham Road south must be completed at night. Lane closures on these streets will only be permitted between 8:OOpm and 6:OOam. The contractor must obtain approval from the Oregon Department of Transportation to occupy any portion of the right-of-way of State Highways—such as Pacific flwy 99W,Hall Blvd,and ramps to or from Interstate 5 or Highway 217. The Contractor shall follow all lane restrictions imposed on State Highways. Local access must be maintained to all properties throughout construction. The contractor must obtain city approval of a traffic control, signage, and detour plan for each street at least 7 days before the closure begins. The Engineer reserves the right to impose additional lane restrictions depending on observed traffic conditions.The engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any time if,in their judgment, such action is necessary to reduce excessive delays and/or protect public safety. SECTION 00225-WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications modified as follows: 00225.01(c) Standards -Add the following bullet to the end of the bullet list: • ODOT "Traffic Control Plans Design Manual", available on the ODOT Traffic Control Plans Unit website. 00225.02 General Requirements -In the paragraph that begins"Work may be suspended...",replace the sentence that begins"Costs for work performed..."with the following sentence: Costs for work performed by the City may be deducted from monies due the Contractor. 591Page. 00225.10 General-In the paragraph that begins"Evaluate the condition...",replace the first sentence with the following sentence: Evaluate the condition of TCD using the criteria shown in the most current version in effect of the American Traffic Safety Services Association (ATSSA)publication titled"Quality Guidelines for Temporary Traffic Control Devices and Features",available from the ATSSA website at www.atssa.com. 00225.41(e) Sign Flag Boards and Sign Flags-Replace this subsection,including subsections 00225.41(c-1) and 00225.41(c-2),with the following subsection: 00225.41(e) Sign Flag Boards-Install two sign flag boards,as shown or specified. 00225.41(e) Inconsistent Temporary Signs-Replace the paragraph that begins"Ensure that all temporary..."with the following paragraph: Ensure that all temporary signs are properly used and consistent with the work zone. Cover all inconsistent temporary signing until the sign messages are applicable to the Work that is beginning. When signage is no longer required for staging or shift Work,remove all temporary signs,sign flag boards,supports,sign covers, and ballast associated with the staging or shift Work. SECTION 00280-EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: 00280.00 Scope—Add the following to the end of this subsection: This section shall be governed by Clean Water Services. 00280.42(c) Permanent Stabilization—Add the following to the end of this subsection: All vegetated areas disturbed by the Contractor's operations shall be permanently covered with sod, re- seeded,re-planted,re-landscaped, and/or repaired to the satisfaction of the inspector. 00280.90 Payment — Replace this subsection, except for the subsection number and title, with the following: "No separate payment will be made for this work,as it is considered incidental to other work on this project." SECTION 00290-ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: 00290.32 Noise Control-In first paragraph,change work hours to 7:30 am to 7:00 pm. 60111 T � 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-Survey staking will be required for curb ramp construction. The Contractor shall develop and make all detail surveys necessary for layout and construction. Complete all survey staking as needed using information contained in the plans and adjusted as necessary to meet ADA requirements. Additional information or clarification by the Engineer may be available upon request,but is not guaranteed. Surveyed field layout shall be reviewed by the Engineer prior to demolition and again prior to concrete placement Provide construction survey work according to the current edition on the date of Advertisement,of the ODOT "Construction Surveying Manual for Contractors". This manual is available on the web at: htW:/r/www oregon gov/ODOT/HWY/GEOMF:TRONICS/Pages/documents.aspx Measurement 00305.80 Measurement-No measurement of quantities will be made for construction survey work. Payment 00305.90 Payment-The accepted quantities of construction survey work will be paid for at the Contract lump sum amount for the item"Construction Survey Work". Payment will be payment in full for furnishing all material,equipment,labor,and incidentals necessary to complete the work as specified. No separate or additional payment will be made for any temporary protection and direction of traffic measures including flaggers 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. Costs incurred caused by survey errors will be at no additional cost to the Agency. Repair any damage to the Work caused by Contractors survey errors at no additional cost to the Agency. The Engineer may make an equitable adjustment,which may decrease the Contract Amount,if the required survey work is not performed. SECTION 00310-REMOVAL OF STRUCTURES AND OBSTRUCTIONS Comply with Section 00310 of the Standard Specifications modified as follows: Add the following subsection: 00310.45 Excavation of Existing Surfaces—Remove sidewalk and surfacing as shown on the Plans. Sidewalk and surfacing to be removed shall be cut in neat,straight lines with vertical edges along the limits of 611Pa _ r removal. The cut lines for removal of asphaltic or cement concrete pavement shall be reviewed and approved by the Engineer in the field before cutting. Demolish and remove curbs as directed by the Engineer or as shown. Make a vertical saw cut between any existing curb that is to remain and portion that is to be removed. Remove pavement adjacent to the curb as shown on the Plans. 00310.92 Separate Item Basis -Replace the sentence that begins"Item (d)includes..."with the following Item (d)includes but is not limited to saw cutting,removal of existing asphalt,curbs, sidewalks and other surfaeings to the limits and grades necessary to construct new curbs and sidewalk ramps. SECTION 00440-COMMERCIAL GRADE CONCRETE Comply with Section 00440 of the Standard Specifications modified as follows: 00440.13 Field-Mixed Concrete -Add the following paragraph to the end of this subsection: Pre-packaged dry blended concrete meeting the requirements of 00440.12 may be used for work items listed in 00440.14(a). SECTION 00490-WORK ON EXISTING SEWERS AND STRUCTURES Comply with Section 00490 of the Standard Specifications,modified as follows: 00490.46(b-1) Concrete and Masonry Manholes- Add the following to the end of this subsection: All manhole adjustments necessary to match finish grade shall be made prior to final lift paving. 00490.47 Adjusting Catch Basins and Inlets—Add the following to the end of this subsection: An optional method of raising grates as shown on the plans may be used in lieu of raising the existing frame and grate. Place the new fabricated frame over the existing frame just prior to paving. Weld the new fabricated frame of equal or greater bar thickness and equal or better material quality to the existing frame with welds acceptable to the engineer. Welding must extend at least six inches on at least three sides,and shall cover at least half the perimeter of the catch basin. The modified grate and frame must fully maintain the strength of the existing lid and frame,and must preserve the full functionality of all aspects of the lid, frame,and drainage structure. All welding shall be performed by a Certified Welder. Submit certification for approval. Remove debris that falls into structure. The contractor will encounter cases where a utility facility(such as a catch basin)has been adjusted by the utility and cold mix has been placed around the facility. The contractor shall remove and dispose of this cold mix, replace it with asphalt concrete pavement,and hand-compact it in advance of the pavement overlay. This work is considered incidental to the utility adjustment items on the bid schedule. 00490.48 Adjusting Boxes,Cleanout Lids and Similar Structures—Add the following to the end of this subsection: 621P :ice Where shown,boxes to be adjusted shall match finish pavement slope and grade. Multiple survey monuments are present throughout the project areas. The Contractor shall install new boxes where shown,protect existing boxes where shown and protect all monuments from damage. The Contractor shall replace all disturbed monument boxes with new boxes and be responsible for re-establishing any monuments that are disturbed. Cast or ductile iron riser rings may be used for adjusting monument boxes.Replace aluminum lids with cast or ductile iron lids that are fitted to the riser ring. The contractor will encounter cases where a utility facility(such as a valve box) has been adjusted by the utility and cold mix has been placed around the facility. The contractor shall remove and dispose of this cold mix, replace it with asphalt concrete pavement,and hand-compact it in advance of the pavement overlay. This work is considered incidental to the utility adjustment items on the bid schedule. Water valve access lids shall only be adjusted by raising the top section of the existing 910 can. 00490.90 Payment: Add the following: Item (e) Adjusting Catch Basins consists of raising the frame &grate about 2"to 1/4"below finish grade as directed by the engineer. Add the following pay items: (i) Add Manhole Paving Rings Each Replace or Install Monument Boxes Each (k) Adjusting Monument Boxes Each 0) Adjusting Water or Gas Valve Boxes Each Add the following to the end of this subsection: Item (i) includes adding or replacing manhole paving rings as shown. Item 0)includes furnishing and installing a new monument box in the same location as the existing box (or monument)that was removed to complete the work as approved by the Engineer. Coordination with the Engineer's surveyor and protection of existing monuments shall be incidental to other bid items and will not be paid separately under this bid item. Item (k)includes vertically adjusting existing boxes for only those locations where finish grade is different than existing grade. Item p) applies to all valve boxes within the paving limits and includes removal of existing cold mix around structures and replacement with asphalt concrete pavement as required. SECTION 00610-RECONDITIONING EXISTING ROADWAY Comply with Section 00610 of the Standard Specifications. SECTION 00620-COLD PLANE PAVEMENT REMOVAL 631P;iL� c Comply with Section 00620 of the Standard Specifications modified as follows: 00620.00 Scope—Add the following to the end of this subsection: The plans show preliminary locations of pavement removal and grind/inlay areas.The engineer may edit these areas by marking the existing pavement to show the final locations of pavement removal and grind/inlay areas. The depth of edge grind across driveway drops shall be 2"unless otherwise shown on the plans or directed by the engineer. 00620.40(a) General-Replace this subsection,except for the subsection number and title,with the following. Remove the existing pavement to the depth,width,grade and cross section shown or as directed. The use of a heating device to soften the pavement is not allowed. 00620.43 Maintenance Under Traffic-Replace this subsection,except for the subsection number and title, with the following Traffic will be allowed on the cold planed surface up to 48 hours after removing the existing surface. Sweep and clean the cold planed surface before opening to traffic. Small grind and inlay repair areas shown on the plans shall also be completed on the same day. Any damage to the existing roadway as a result of traffic running on the existing cold planed pavement in excess of the allowable time frame shall be repaired to the satisfaction of the Engineer at no cost to the Agency. Add the following subsection: 00620.44 Cold Planing Operations The Contractor shall coordinate the work limits with the Engineer. The Engineer must approve the limits prior to the Contractor beginning the work. All edges remaining after cold plane pavement removal shall be vertical to accept the succeeding full depth asphalt lift. Vertical edges left at the edge of the grinding drum are acceptable. Rounded edges where the face of the grinding drum is terminated are not allowed. Rounded edges shall be ground vertical by rotating the grinding machine. Where rounded edges cannot otherwise be ground vertical as part of the cold plane removal operations, saw cut edges and remove pavement according to Section 00310. 00620.90 Payment—Add the following to the end of this subsection: The bid item"Cold Plane Pavement Removal,2 Inches Deep"includes removal of existing speed humps. SECTION 00640-AGGREGATE BASE AND SHOULDERS Comply with Section 00640 of the Standard Specifications. SECTION 00730-EMULSIFIED ASPHALT TACK COAT 64111 Comply with Section 00730 of the Standard Specifications modified as follows: 00730.42 Preparation of Underlying Surfaces-Add the following to the end of this subsection: Sweep edges of existing pavement and take other steps as necessary to expose and clean the entire surface prior to applying tack. 00730.44 Applying Tack Coat-Add the following to the end of this subsection: Apply tack to edges of curb,inlets,and joints of adjacent pavement. Apply tack no more than 500 feet in advance of the paving operation. Minimize the amount of truck or other traffic on the tacked surface. If tack coat is significantly disturbed,the engineer may require an additional layer of tack be applied. 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 00745-ASPHALT CONCRETE PAVEMENT-STATISTICAL ACCEPTANCE Comply with Section 00745 of the Standard Specifications modified as follows: 00745.10(a-1-a) Separated Sizes- In the paragraph that begins"The number of fine aggregate...",replace "00745.13(b)"with"00745.13(a)" 00745.13 Job Mix Formula Requirements-In the paragraph that begins"Do not begin production...", replace"00745.13(6) and W745.13(c)"with"00745.13(a) and 00745.13(b)". In the paragraph that begins "Provide a range of proposed...",replace"W745.13(b)"with"00745.13(a)". 00745.49(b-2-a) Testing-Replace"WAQTC TM 8"with"AASHTO T 355". 00745.49(b-2-b) Core Correlation of Nuclear Gauge Readings-In the paragraph that begins"Correlate each nuclear...",replace "WAQTC TM 8"with'AASHTO T 355". Add the following subsection: 00745.71 Edge Sealing-Seal all feathered edge joints(such as across streets,driveways,and other paved areas) with hot crackseal 6"wide with rubberized asphalt material using the methods,materials,and procedures specified in section 00746. Seal along all edges where new pavement abuts existing pavement or curb using the methods,materials,and procedures specified in section 00746. This includes any cold joints created during construction where the older section was laid more than three hours before the newer section of pavement,and other places where,in the judgment of the engineer,time has lapsed between paving areas to the point where edge sealing is needed. 00745.80 Measurement-Add the following paragraph to the end of this subsection: 651' 112 L' The quantities of IiMAC (or WMAC)will be measured on the weight basis (including asphalt) and shall only include I IMAC (or WMAC) physically incorporated into the project. Replace the paragraph that begins "The quantities of ACP..."with the following paragraph: The quantities of ACP will be measured on the weight basis. No separate measurement will be made for asphalt cement used in the mixture. No deduction will be made for lime or any other additive used in the mixture. 00745.90 Payment-Replace this subsection with the following. 00745.90 Payment—The accepted quantities of ACP incorporated into the project,whether or not recycled materials are used,will be paid for at the Contract unit price,per ton, for the item"Level ,ACP Mixture, The following will be inserted in the blanks: ❑ The level(s) of ACP (1,2,3)will be inserted in the first blank ❑ The type(s) of ACP (3/4 inch, 1/2 inch, 3/8 inch),will be inserted in the second blank ❑ The type of liquid asphalt and fiber reinforcement will be inserted in the third blank when applicable The accepted quantities of curb sealing will be paid for at the Contract unit price, per linear foot, for the item"Curb Sealing". The accepted quantities of feathered edge sealing will be paid for at the Contract unit price, per linear foot, for the item"6 Inch Wide Feathered Edge Seal". Payment will be payment in full for furnishing and placing all materials, and for furnishing all equipment, labor, and incidentals necessary to complete the work as specified. Payment includes furnishing and placing temporary asphalt placed to open the roadway to traffic. No separate or additional payment will be made for asphalt tack coat,asphalt cement used in the mixture,sand sealing,or QC testing. 00745.95 Price Adjustments—Delete this subsection. SECTION 00749-MISCELLANEOUS ASPHALT CONCRETE STRUCTURES Comply with Section 00749 of the Standard Specifications modified as follows. Add the following subsection: 00749.15 Asphalt Berms -Use a 3/8" dense mix for asphalt berms. 00749.91 Method"A"—Weight and Extras Basis—Add the following pay items: (j) Extra for Spot Grind and Inlay Areas.....................................Square Yard Add the following to the end of this subsection: Item (j) includes spot grind an inlay areas shown and as marked and adjusted by the Engineer in the field. Areas are for localized repairs as shown. Areas will be based on a typical grinder width (7 foot maximum). Asphalt and grinding will be measured and paid for separately. 00749.92 Method "B"—Complete in Place Basis—Add the following pay items: (9) Asphalt Berms...............................................................................Linear Foot (h) Asphalt Speed Cushions....................................................................Each Add the following to the end of this subsection: Item (g) includes asphalt berms placed as shown or directed to assist in conveying surface drainage. Item (h) includes asphalt speed cushions placed as shown or directed. 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: This work consists of removing existing concrete sidewalks,curbs,and sidewalk ramps,and constructing new pordand cement concrete sidewalk ramps with curbs. Add the following subsection: 00759.03 Preplacement Conference-Before beginning any sidewalk ramp work,meet with the Contractor's supervisory personnel and quality control manager,any sidewalk ramp subcontractors' supervisory personnel, and the Engineer at a mutually agreed upon time. If the Contractor's personnel change,or if the Contractor proposes a significant revision to the plan for accomplishing the sidewalk ramp work,the Engineer may require additional preplacement conferences. 00759.46 Concrete-Add the following sentence after the first sentence: Before placing concrete,verify that forms are correctly positioned to produce sidewalk ramps with proper slopes and dimensions to comply with the Standard Drawings and Plans and standards (such as PROWAG). 00759.50(e) Driveways,Walks,and Surfacings -Add the following paragraph to the end of this subsection: In addition, finish concrete surfaces of sidewalk ramps to be within the established slopes and dimensions allowed by the Standard Drawings and Plans. Repair or remove and replace sidewalk ramps not meeting the Standard Drawings and Plans at no additional cost to the Agency. Add the following subsection: 671Pi _ c 00759.55 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. 00759.80 Measurement-Add the following sentence(s) to the bullet that begins "Area Basis- Measurement...": Measurement of concrete walks will include the total area of concrete walk,including the area of new concrete sidewalk ramps within the footprint of the concrete walk. 00759.90 Payment- Add the following pay items: (1)Surfacc Mounted Truncated Domes..........................................................Square Feet Add the following to the end of this subsection: Item (1) includes installation of surface mounted truncated domes with adhesive and mechanical fasteners. All costs associated with protecting the freshly poured concrete and restoration of adjacent landscaping and surfacing shall be incidental to the applicable pay item No separate or additional payment will be made for Preplacement Conference,concrete form verification,and any necessary repair or removal and replacement of Sidewalk Ramps. SECTION 00850-COMMON PROVISIONS FOR PAVEMENT MARKINGS Comply with Section 00850 of the Standard Specifications modified as follows: 00850.43 Prepare and Prime Pavement—Add the following to the end of this subsection: Install pavement markings within ten calendar days of paving operations. SECTION 00851-PAVEMENT MARKING REMOVAL Comply with Section 00851 of the Standard Specifications modified as follows: 00851.40 General-In the paragraph that begins"Remove durable and non-durable...",delete the sentence that begins"Remove durable markings by steel...". 00851.80 Measurement—Replace this subsection,except for the subsection number and title,with the following: No measurement for pavement marking removal will be made.Pavement marking removal is considered incidental to other items. 681F SECTION 00855-PAVEMENT MARKERS Comply with Section 00855 of the Standard Specifications modified as follows: 00855.40(a) General—Add the following to the end of this subsection: Replace fire hydrant reflectors with one reflective Type I bi-directional blue marker, installed 1 foot from the centerline of pavement toward the fire hydrant. 00855.90 Payment—Add the following (i) Bi-Directional Blue Type IAR Markers....................................... Each SECTION 00865-LONGITUDINAL PAVEMENT MARKINGS-DURABLE Comply with Section 00865 of the Standard Specifications modified as follows: 00865.40 General—Add the following to the end of this subsection: The skid resistance of the pavement marking shall equal or exceed the skid resistance of the adjacent pavement in both wet and dry conditions. 00865.45 Installation-Add the following paragraph to the end of the bullet that begins "Method B: Spray Markings...": Thermoplastic spray markings may be installed in one application at the total specified thickness if approved by the Engineer and after a successful performance test according to 00865.40. Apply spray markings in two applications if installing yellow colored markings over rumble strips. SECTION 00867-TRANSVERSE PAVEMENT MARKINGS-LEGENDS AND BARS Comply with Section 00867 of the Standard Specifications modified as follows. 00867.45 Installation-Replace the paragraph that begins "Minimum initial retroreflectivity..."with the following paragraph and bullets: Minimum initial retroreflectivity shall conform to the following. • White - 250 mcd/m2/lx • Yellow- 200 mcd/m'`/lx SECTION 00960-COMMON PROVISIONS FOR ELECTRICAL SYSTEMS Comply with Section 00960 of the Standard Specifications modified as follows: 6911' x _ c 00960.41(f) Disposition of Waste Materials-Replace this subsection title with the title"Disposal of Materials". SECTION 00990-TRAFFIC SIGNALS Comply with Section 00990 of the Standard Specifications modified as follows: 00990.00 Scope-Replace this subsection,except for the subsection number and title,with the following: In addition to the requirements of Section 00960,Section 00962,and Section 02925,install traffic signals according to the following Specifications. This work includes removing and reinstalling inductive traffic signal loop detector wiring as necessary to complete the paving work as shown. This work also includes protecting and rehabilitating as needed existing sand pockets and completing new splices to existing loop feeder cables at existing junction boxes where applicable. 00990.43(b-3) Installation—Add the following to the end of this subsection: The Contractor shall coordinate loop detector removal and reinstallation work with the Oregon Department of Transportation (ODOT) and Washington County (County). Obtain all permits and material and method approvals required by ODOT and/or County staff. Notify ODOT and the County a minimum of 3 working days prior to disturbing the existing traffic loops. All work shall be completed by a contractor experienced in installing 6-foot round vehicle loops. Protect existing loop sand pockets and conduit stubs. 00990.43(b-5) Resistance Testing-Replace the bullet list with the following bullet list: • Before splicing and sealing—continuity test • Before splicing after sealing—resistance test • After splicing and sealing—resistance test 00990.90 Payment-Replace pay item(s) (a), (b), (c),(d),(0,and (g)with the following pay item: (a) Detector Installation, .................................................Lump Sum Add the following paragraph before the paragraph that begins"Item(a)includes furnishing...": In item(a),the intersection location will be inserted in the blank. SECTION 02010-PORTLAND CEMENT Comply with Section 02010 of the Standard Specifications modified as follows: 02010.20 Blended Hydraulic Cement-Replace the paragraph that begins"Blended hydraulic cement..." with the following paragraph: 70 Blended hydraulic cement shall be either Type IS-Portland blast-furnace slag cement,Type IP-Portland- 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 02050-CURING MATERIALS Comply with Section 02050 of the Standard Specifications modified as follows: 02050.00 Scope -Replace this subsection,except for the subsection number and title,with the 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-Replace this subsection,except for the subsection number and title,with the following- Furnish ollowingFurnish liquid membrane-forming curing compounds from the QPL and meeting the requirements of ASTM C309,except that testing will be done according to ODOT TM 721. All compounds shall be Type 1-D or Type 2,Class A or B. Only Type 2,Class B resins will be allowed for the following concrete pavement applications: • Plain concrete pavement repair. • Continuously reinforced concrete pavement. • Plain concrete pavement. • Reinforced concrete pavement repair. Before using liquid compounds,submit one quart samples of each lot for testing,except samples are not required for commercial grade concrete. 02050.40 Liquid Evaporation Reducer Compounds-Delete this subsection. ION 02440—JOINT OINT MATERIALS J Comply with Section 02440 of the Standard Specifications modified as follows: 02440.15 Lubricant/Adhesive-Replace this subsection,except for the subsection number and title,with the following. Furnish a lubricant/adhesive conforming to ASTM D 4070 and according to the recommendations of the seal manufacturer. 71111 ii _c SECTION 02450-MANHOLES 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 inlet conforming to the requirements of ASTM C 913. SECTION 02910- SIGN MATERIALS Comply with Section 02910 of the Standard Specifications modified as follows: 02910.33(d) Nonrefleetive Black Screened Legend- Replace this subsection,except for the subsection number and title,with the following: Furnish material for nonreflective black screened legends that is compatible with the sign sheeting,as recommended by the sign sheeting manufacturer. 721P :igc ATTACHMENT B OREGON PREVAILING WAGE RATES CITY OF TIGARD FY 2016-17 Pavement Management Program Pavement Rehabilitation May be downloaded from hm://wwwoM,ongov/boli/WHD/PWR/Pages/12wr oregon 2014.asgx. 73 � Pa ATTACHMENT L STANDARD DETAILS FY 2016-17 PAVEMENT MANAGEMENT PROGRAM Pavement Rehabilitation CITY OF TIGARD,OREGON The following detail drawings apply to this project and are hereby=made a part of the contract documents. 1. All drawings incorporated into or referenced by the: FY 2016-17 PAVEMENT NLINAGEMENT PR0GR-z%-N1 Pavement Rehabilitation Dated April 7 2016 Sheets 1 through 76 741Pii c