GT Excavating, LLC ~ CP17004 City
CONTRAC r CHANGE ORDER/ 13125 SW HallBlvd.
Tigard,Oregon,972.23
"s AMENDWN�' SUMMAR."5one,-(503),639-4171
)FILL � CHANGE ORDER ORM Fax,X503)G847z9
wtvw.ti and-or., :ov
Project Title: 11 Y Ave. Outfall Repair Project Mana er:Andrew Newbury
Contractor: GT Excavating,LLC Original Contract#: CP17004
Effective Dates:June 6,2017 Chane Order/Amendment Amount: $2,392.70
Accounting Strin : 94001-130 Amendment Percentage R unning Total: 2.8%
AIVIENU T°DETAILS .
Contract amount to be increased for additional required landscaping work.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $86,353.40
Contract Amendment 2 $2,392.70
RVA,SONIN6 POO CHANGE ORDtA'/AMENDmF-N'I'
A service provider letter (SPL) from Clean Water Services was obtained after the contract was awarded to GT
Excavating. The service provider letter included landscaping work to be done by contractor.
BUDGET IMPACT AND REQUIRXD ACI IONS,
Additional$2,392.70 needed from storm fund. Funds are available. 75% of project cost will be reimbursed by
FEMA.
QHS` 411 {�ROJECT MAN.AbER AI"P1;t �r.CITI'STAI{F
�1
t�r�e
vs
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 S* M
additional work. A copy of this form, once completed,is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember— the cumulative total of
Amendments cannot exceed the project's FY bud ate
et.
CTTv OF TIGARD,OREGON
'kNIENDMENT TO CONTRACT
113'x"AVE.OUTFALL REPAIR
CP17004
AMENDMENT#2
11hC A grecinew I)ciwcc.n t r•City cif'rigarC,a municipal corporation -if fine.State W Ore-goo,1:ercinaftcr calli't
Cink-,acid GT Fxcavatina,LLC,hereinafter referred to as Contractor,entered into on the 24`'day of October,
"1 i_ is l erebv amended as Follows:
3. Compensation
A, Progress Payments: City agrces to paN• Contractor Eight six thousand three hUndred fifty t
„_a e0/100 Eight} Eight thousand seven hundred fort' six and 10/100 Dollars ($86-3-40
588,746.10` for performance of those services provided hereunder, which pavnnent ';ali be baso_l
croon the follmxrimr applicable terms:
"N VIIINLTT NN I TERM" rfi," 1-as caused t?:is Amend-ncnt to be c�cc.tcd by its duh' authnri?ed
nnclersignccl officer and Contractor has executed this Amcndment upon signature and data, listed below.
CITY OF`T'IGARLa
Siumatllre
T,mted Nano• t? Lu N ..me
Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
HIS FORMMUST ACCOMPANY EVER Y CONTRACT
Contract Title 113--'Avenue Outfall Repair Number
Contractor. GT-Excavating,LLC Contract Total: $$6353.40
Contract Overview: GT Excavating provided the lowest quote to repairan existing culvert outfall
located off of 113`x'Avenue that failed during the December 2015 rain event.
Initial Risk Level: ❑ Extreme ® High ❑ Moderate ❑Low
Risk Reduction Steps:
Risk Comments:
;Risk Signature: - -
Contract Manager:Andrew Newbury. - Ext: 2472 Department: PW/Engineering
Type: ❑ Purchase Agreement 0 Personal Service ❑ General Service Public Improvement
❑ IGA ❑ Other:
Start Date: October 24,2016 End Date: February 28,2017
Quotes/Bids/Proposal: FIRM _- AmouNT/Scum
GT Excavating,LLC $86,353:40
Elting NW 93,793
Landis 8&Landis __.- No Resnonse
Henderson Environmental__ _$11.353
Account String: Fund-Division-Account - Work-Order—Activitg Tyge Amount
FY 16-17 510`8000-56005 9400171.40
Approvals - LCRB-Date: _
Department.Comments:
Department Signature;
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager.Signature:
After securing all required approvals$forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
IsCity v f Tigard
FINANCE AND INFORMATION SERVICES
Request for Quotation (Construction)
113TH OUTFALL• REPAIR
Statements Due: October 4,2016-2:00 pm local time
Submit Proposals To: City of Tigard—Contracts &Purchasing Office
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
Direct.Questions To: Joe Barrett, Sr. Management Analyst
Phone: (503) 718-2477
Email: joseph&igard-orgov
The City of Tigard (City) is seeking quotes for the project named above and described in this Request for
Quotations. Quotations may be submitted via:
• Emailed to josephntigard-or.gov;or
• Mailed or delivered in person to Tigard City Hall— Utility Billing Counter-, Attention:Joe Barrett,
13125 SW Hall Boulevard,Tigard, Oregon 97223
GENERAL REQUIREMENTS
Submitting contractors are responsible for reviewing all instructions and contract terms and conditions
contained in this request. By submitting a quotation for this project, submitting contractor certifies that it is
able to comply with the terms and conditions of the City's contract, including insurance requirements and
other federal, state, and local laws and regulations governing services purchased though the resultant City
contract; Each submitting contractor further certifies that it has read and agrees to enter into a City contract
using the form of agreement provided as Attachment A,including exhibits and attachments.
Submitting contractors shall agree that all materials submitted for any portion of this Request for Quotation
shall become City property and will not be returned to the submitting contractor.
A. SCOPE OF WORK
1. Standards and Specifications
The work embraced herein shall be done in accordance with the following standards and
specifications.
• Supplementary General Conditions Included herein as Attachment E
• Special Provisions Included herein as Exhibit F
• Oregon Standard Specifications Version 2015—Volume 1 Available from ODOT
• Current Oregon Building Codes (Building,Plumbing, Electrical, Structural)
2. Work to be Done
The work to be done under this project consists of_repairing a damaged stormwater outfall as shown
in the plans by AKS Engineering & Forestry, LLC, dated August 31, 2016. General duties in the
performance of this work will include:
• Mobilization.
• Erosion control.
• Clearing and grubbing.
• Temporary tree protection fencing.
• General excavation.
• Removal of a section of existing 42 inch corrugated metal pipe.
• Installation of new 42 inch corrugated aluminized steel pipe.
• Placement of class 200 riprap pad.
B. QUOTATION INSTRUCTIONS AND REQUIREMENTS
1. Quotation Format
Quotations shall be typewritten or prepared in ink and submitted on the forms contained herein or
attached. The quotation must be completed in its entirety and delivered to the City at the specified
location and by the due date and time on the first page of this Request for Quotation.
2, Prevailing Wage
The provision.s of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth into
any contract arising from this solicitation. Any successful contractor shall agree 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
21Page
prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor,
which shall be incorporated and in full effect during the contract.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements,the successful contractor shall ensure that workers will be paid the higher of
the applicable federal or state rate. If the successful 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
The successful contractor shall be required to provide proof as requested to the City prior to the
beginning of any of the work that the successful 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. The successful contractor shall also require in every subcontract to the subsequent
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.
In the event the contract arising from this solicitation is in the amount of$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.
The Prevailing Wage Rate for this project can be found here::
hqp://www.oregon.gov/boli/WHD/PWR/Pages/PWR Rate Publications 2016 aspx
3. Performance and Payment Bond
The submitting contractors understand that if awarded the contract for the work, the successful
contractor shall deliver to the City,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.
4. Price to Include Total Cost for Providing Service
Any quotation provided in response to this Request for Quotation must be complete and include all
material, labor, and related costs necessary to complete the required work in accordance with the
specifications and contract terms and conditions.
5. Collusion
In submitting its quotation,a submitting contractor certifies that no officer,agent,or employee of the
City has a pecuniary interest in its quotation; that the quotation is made in good faith without fraud,
collusion, or connection of any kind with any other submitting contractor; and that the quotation is
competing solely on its own behalf without connection or obligation to any undisclosed person or
firm.
6. Quote Validity
Quotations shall remain valid for a period of sixty (60) days following the listed due date.
3 1 Page
C. EyALUATION.AND.AWARD
L Rejection of Quotations
The City may reject any quotation 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.
2. Waiver of Informalities
The City reserves the right to waive any discrepancies or minor irregularities in a valid quotation.
3. Method of Award
Award will be made to the submitting contractor whose quotation best serves the interest of the City.
In addition to price, the City reserves the right to also consider, but not be limited to, experience,
expertise,contractor responsibility,and other criteria as the work so warrants.
D. GENERAL PROVISIONS AND INFORMATION
1. Compliance with Applicable Laws
Successful contractor shall comply with all terms and conditions of the City's contract, including
insurance requirements,contained in this Request for Quotation,as well as all federal, state,and local
laws and regulations governing public contracts.
2. Non-Discrimination
Contractors responding to this solicitation agree 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.
41Page
ATTACHMENTA
QUOTE FORM(PROPOSAL)
Ci TY OF TI GARD
113""AVEN UE OUTFALL REPAIR
Thisquotemust besigned in ink by an authorized representativeof thesubmittingcontractor;anyalterations
or erasuresto thequotemust beinitialed in ink by theunde-signed authorized representative
Project: 113TI AvenueOutfall Rtgaalr
Bid Due Date; October 4.2016
The Undersigned(check oneof the following and provide additional information):
An individual doing business under an assumed name registered under the lavas of the Rate of
or
A partnership registered under the laws,of the Rate of :or
oorporati on organized under the I auvs of the Rate of ;or
A limited liability corporation organized under the la„vss of the Rate of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above
project in strict a000rdancewith thecontract documentsfor thequotation asfollows
Quotation Total in Numerical Form
e and�14./loo Dollars
Qi tatio Total in Written Form
aid the Undersigned agrees to be bound by all documents comprising the contract documents as defined in
the attached Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the
contract documents quotation documents and forms. Submission of thisquoteshall beconclusiveevidence
that theUndersigned hasinvestigated and issatisfied asto theoondition to beencountered,asto thechaacter,
quality and scope of work to be performed, the quantities of materials to be furnished, and as to the
requirement of the contract documents,
The Undersigned agrees if awaded the Contract,to execute and deliver to the City of Tigard,within ten(10)
days after receiving the Contract forms a satisfactory Performance Bond aid 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 aid Payment Bond will be
The Undersigned hereby authorizes said
surety(ies) mpany(ies)to d9close any informati to the City concerning the Undersgned$abilitytosupply
a Performance Bond and Payment Bond each i n the amount of the Contract.
The Undersigned certifies that: (1)This Bid has been arrived at independently and is bang 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 i ndepe ndernt biddi ng or competition; and (2)The contents of the Bid have not been communicated
by the Undersigned or its employees or amts 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
off idd opening of the Bid.
5}
The Undersigned E HAS 7 HAS NOT,47ek a#iadelatuo pad unemployment or income taxes in
Oregon within the past 12 months and VHAS1.7 HAS NOT (dok gdiadestatuj a business address in
Oregon.
The Undersigned HAS ❑ HAS NOT (dwk Tldicade-4atu$ complied with any Affirmative Action
Requirenentsinduded within the procurement documents
The Undersigned agreed if av&ded a contract, to comply with the provisions of ORS 2790.800 through
279C.870 pe-ta ni ng to the payment of the pre'rai l i ng rates of wage
The Undersigneds CCB registration number is ( with an expiration date of
� - ' -2 . 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 disdose the number will make the bid unresponsive and it will be r0ected
unless contrary to federal lam. 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 wrath the Construction Contractors Board as required under
Oregon PWR IaN
Thesuful quoting contractor hereby certifiesthat all subcontractorswho will perform construction work
as described in ORS701.005(2)were registered with the Construction Contractors Board in accordancewith
ORS 701.035 to 701.055 at the time the suboontractor(s)made a bid to work under the contract.
The successful contractor hereby certifies that, in accordance with the VLbrk s Compensation Law of the
Nate of Oregon, its V\brkers Compensation Insurance provider is :�=
Fblicy No. .�-bq/—:and that Undersigned shall submit Certificates of I ns.iratce as required.
Name of Submitting Company: AT EVALI
Company Addr+
Federal Tax I D: � 2
Telephoiel Fax.-
1
ax:1 attest that I ha4ethea.rthority to commit the firm named above to this quotation amount and acknowledge
that thefirm meets thequalificationsn cyto perform this\Abrk as outlined in the Request for Quotation.
I understand that I will be required to provide necessary information to verify that the firm meets these
qualifications if selected for the subsequent Contract.
Authorizes!Signature: x :....
L
Printed Name& Title:
Date: .- �
s1 Pave
JWH AVENUE STORM OUTFALL REPAIR
SCOPE
Measurement and payiment for all Work shown or specified herein will be made on aunit or lump sum price
bass in accordance with the prices set forth in the Bid Schedule for individual items of Work. Contractor
shall make a careful assessnent when preparing the Bid.
The item listed below refer to and are the same pay item listed in the Bid Schedule They constitute ail of
the pay items for the completion of the Work. No director separate payment will be mane for providing
miscellaneous temporary or accessary services or all other items not specifically named in specific bid item
description and needed for prosecution of the Work,and ail other requirement of the Contract Documents.
Compensation for all sich services,thingsamd mate'ialsshail beinduded in the prices stipulated for the
lump sum and unit price pay items listed herein.
Thepricesstated in the Bid S:hedulew indudeoverhead and profit and all costsand eqx nsesfor bonds,
insurance tares, labor,equipment, materials,commissions,transportation dmagmamd aqx nses,patent fees
and royalties,labor for handling materiaisduring inspection,together with any and all other costsand
expenses for performing and completing the Work,complete and in plain, as shown on the Plans and
spedfied herein. The bads of payment for an item at the lump sum or unit price shown in the Bid Schedule
shall bein accordarnceWth thedescr ption of that item in thisSection.
BID ITEM DESCRIPTIONS
Following are themesisurement and payment descriptions for the various bid items included in this project. ,
Descriptions reference and/or modify sections of the 2015 Oregon Standard 9.)ecifications for
Construction where applicable
GENERAL
BID ITEM NO. 1 MOBILIZATION/ BONDS INSURANCE
Meas urernient shall be on a lump sure{L,9�basis per Section 00210.80 of the Standard Wfic ations
Payment shall be per Section 00210.90 of the Standard Wficatiom including all preparatory work and
operations necessary for the movement of personnel,equipment,materials and incidentaisto the project
site,bonds; insuranceand for all other costs incurred beforethe beginning of work aswdl as any other
work included in the Contract Documentswhich is not specifically listed in other bid items.
The amounts pad for mobilization in the Contract progress paymertt will be based on the percentage of the
Original Contract amount that is earned from other Contract items
When 51/oiseemed,either 50%of theamount for mobilization or 5%of theoriginal Contras anount,whidmever
is the least.
Wlw 10%iseirned,either 100%of mobilization or 101/o of theorigind Contract amount,whidmever istheleeg.
71 Page
When all work is completed,amount of mobilization exceeding lOO/o of the original Contract amount.
This schedule of mobilization progress payments will not limit or preclude progress payments otherwise
provided by the Contract.
BID ITEM NO.2 TEMPORARY TREE PROTECTION FENCING
Measarenent shall be on a Iinear foot(FOOT)basis
Payment shall be on aline foot basis i nd uding ail labor,equipment, materials,and ail other miscellaneous
incidentals and work necessary to install and maintain all tree protection fencing.Material consists of 5 foot
minimum height metal fence
BID ITEM NO.3 EROSION CONTROL
Measurement shall be on a lump sum(LS) basis per Section 00280.80 of the Randad 8pecificabona .
Payment shall be on alump sum basis including all labor,equipment,materials,and all other miscellaneous
incidentals aid work necessary to install and maintain all erosion control measures required including,but
not limited to,those shown on the Plans, maintain the project site daily,daily street sweeping of work area if
sediment is tracked onto paved surfaces,and application of dust control measures asrequired,wattle
installation and maintenance Work also i nd udes weekly cleanup and disposal of construction debris and
waste materials,weekly cleanup of the debris captured by sediment controls, replacement during the project
when necessary or directed, and removal of all erosion control items at the completion of the project.
BID ITEM NO.4 REMOVAL OF EXISTING421NCH STORM CULVERT AND
APPU RT E N AN CES
Measurarnc-nt shall be on a lump sura(LS} basis
Payrrnent shall loon a lump sum basis including all labor,equipment, materialswc!all other miscellaneous
incidentals and work necessary to remove existing 42 inch storm culvert as required to construct project.
Contractor to remove any existing culvert that has fallen within stream and any appurtenances Contractor
to remove 15 lineal feet of existing pipe due to deteriorating pipe condition asshown in plans
BID ITEM NO.5 CLEARING& GRUBBING '
Meaurement shall be on a lump sum(L5) bass
Incorporate Section 00320—Cheering and Grubbing from the 2015 Standard Specifications for
Constructions for this project assaspecial specification,as modified herein;
Payment shall be on alump sum basis including all labor,equipment, materials,and all other miscellaneous
incidentaisand work neoessary to remove and disposaof vegetation,roots, plants, and strippings as
necessary under new improvemahts
BID ITEM NO.S GENERAL EXCAVATION
81 Page
Mea ure ent shall be on a cubic yard(CY) basis
Payment small beon acubic yard basisincluding all labor,equipment, materials end other incidentals and
work necessary for all excavation (excluding trench), haul off,embankment,and fine grading to construct
project according to the Plans, Payment also includes any repair of any lawn areasdana*due to ,
construction equipment. Areas disturbed to be graded back to existing condition. Planting of aeesto be
covered in bid item 14.
BID ITEM NO.7 RI PRAP GEOTEXTI LE, NON-WOVEN
Measurement shall I be on a square yard(SY)bas s
Payment shall be on asquare yard bass including all labor,equipment, materials, and all other miscellaneous
incidentals and work necessary in plating a non-woven riprap geotextile between subgrade and rock in ail
areas i ndi cued on plans Geotexti le to be US Fabrics 205N W or approved equal.
BID ITEM NOA FILTER BLANKET
Measurement shall be on a square yard(SY)bas s
Payment shall be on asquare yard basis induding ail labor,equipment, materials, and all other miscellaneous
incidentalsand work necessary in placing 6 thick lays-of 4-0` crushed aggregate.
BI D I TEM N O.9 LOOSE RI PRAP, CLASS 200
Measurerrent shall be on a cubic yard(CY)basis.
Payment shall beon a cubic yard basis including ail labor,equipment, material,and all other miscellaneous
i ncidental sand work necessary to place the d ass 200 loose ri prap.
BID ITEM NO. '10 TRENCH FOUNDATION
Measurenernt shall be on a cubic yard(CY)volume bass per:action 405.$2 of the Standard'J�ecifications,
Payment Shall be on a cubic yard bass including all labor, equipment, materials aid all other miscellaneous
incidentals and work necessary for furnishing and installing trench foundation. Aggregate size to be 1%'-G .
Payment will only be made for trends.foundation authorized by Engineer in writing aid only to the extent
noted in the Engineer-sauthorization.
Work also includes over excavation of trench to a commodatefoundation materia.
BID ITEM NO.11 TRENCH EXCAVATION (CRUSHED f '-& BACKFILL)
Measurement shat be on alines foot(FOOT)bass
91 pac'e
Pament, material, and all other miscellaneous
yment shall beon alines'foot bassincluding ail labor,equip
incidentals and work necessary to exratatetrench and place crushed F '-G backfill for 42 inch corrugated
metal pipe as shown in plan.
BID ITEM NO. 12 42INCH CORRUGATED METAL PIPE
Me xurament shall be on a l i near foot (FOOT) bass Measurement will be Gong the horizontal centerline
of theinstaled pipewith no deductionsfor fittingsor structures,from center to center of structures
Payment shall be on a li near foot basis i net uding all labor,equipment, materials,and all other miscellaneous
incidentalsand work necessary to furnish,and install 42 inch corrugated metal pipe. Rpe material to be
aluminized steel, 16gauge;2-213 x 112` .
Work shall include trench excavation;shoring,dewatering,and installation of pipe bedding and backfill
material,compaction, connection to existing 42 inch corrugated mai pipe, mitering pipe end to match
embankment and compaction ting.
BID ITEM NO. 13 BYPASS PU M PI N G
Measurement snail be on a Lump gam(LS)basis
Payment shall be on alump sum basi s indudi ng al Dior,equipment,and materialsand all other
miscellaneousincidentaisto bypass stormwater flows as needed around work area Nearest manholeis
identified on plans:
BID ITEM NO. 14 LAWN SEEDING
Measurement shall be on aSquare Yard(SY)bass
Payment shall beon asquaeyard basisindudingall labor,equipment,and materiaisand all other
miscellaneous incidentals necessary to place Pacific Northwest native lawn seed mix in construction stag ng
area afterwork is completed 2nd other areasdisturbed by construction.
BID ITEM NO. 15 EXTRA WORT:AS AUITHORIZED
Extra Work m Authorized bid includes labor,equipment and materials to perform additional work as
directed by the City. Bid item amount pre-determined by City.
Measurement and payment of work under this bid item shall be on a negotiated bass between the
Contractor and City agreed upon prior to the work ging performed. No work under this bid item shall be
pad unless authorized in writing by the City.
10 1 pa
BID SCHEDULE
113TH AVENUE STORIM, OUTFALL REPAIR
Item
No Description Quantity Unit Unit Price Item Total
PART 00200—Temporary Features&Appurtenances
lobilization/'Bonds/lasur.-,nce 1 LUMP SUM $
I
LINEAL 100
2 Temporary-Tree Protection Fencing 440 FOOT $ 5_0 --
60
3 Erosion Control 1 LUMP SUM
Subtotal /1 0/y. A-P 1
PART 00300-Roadwork
Removal of Existing 42"Storm Culvert 4 1 LUMP SUM S $
and Appurtenances.
5 Clearing and Grubbing 1 LUMP SUM $2 $2,
6 General Excavation 85 CU.YARD S
Riprap Geotextile,Non-Woven 193 SQ. YARD S 34)
8 Filter Blanket 193 SQ.YARD $ 10, f 71 2-
18
9 Loose Riprap,Class 200 5 CU.YARDSev
$26,35 b
114)
Subtotal $
PART 00400—Drainage and Sewers
10 Trench Foundation 3 CU. YARD
Excavation(Crushed'/,"-0"
Trench Ex LINEAL
11 backfill,all depths) FOOT
12 IP
42 inch corrugated metal i e(All LINF—U
P
depths)
FOOT $
13 Bypass Pumping 1 LUMP SUM
'7 leg a
Subtotal
PART 01000—Right-of-wa Development and Control
14 Lawn Seeding 365 SQ.YARD
$ T
Subtotal $-J—�,
13 Extra Work $5,000
Project Total $06, 353
I JA 4 f-Pd
BID TOTAL IN WORDS
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
113TH OUTFALL REPAIR
THIS CONTRACT,made and entered into this 19`' day of October,2016,by and between the City
of Tigard, a municipal corporation of the State of Oregon; hereinafter called "City" and GT
Excavating,LLC 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 Quote Proposal;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby
agree as follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of the work shown in the construction
plans by AKS, dated August 31,2016 which generally consist of the following:
A. Mobilization
B. Erosion control
C. Clearing and grubbing
D. Temporary tree protection fencing
E. General excavation
F. Removal of a section of existing 42 inch corrugated metal pipe
G. Installation of new 42 inch corrugated aluminized steel pipe
H. Placement of class 200 riprap pad
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 felly 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 payment s 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 Oregon Standard
Specification for Construction,2008,Volume 1 and Volume 2.
Solicitation Documents
General Requirements
Attachment A— Quote Form (Proposal)
Attachment B— Public Improvement Contract
Attachment C— Performance Bond
Attachment D— Payment Bond
Attachment E— Supplemental General Conditions
Attachment F— Special Provisions
Attachment G— Oregon BOLI—Prevailing Wage Rates
Attachment H— Outfall Repair Construction Plans
Standard Documents
a General Conditions (Oregon Standard Specification for Construction, 2015, Volume 1 as
amended by the Supplemental General Conditions).
a Special Provisions
5. City's Representative
For purposes hereof, the City's authorized representative will be Andrew Newbury, Sr. Project
Engineer, who can be reached by telephone at (503) 718-2472 or by email at andrewncu)ugard-
oriov.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Tami Johnson who can be
reached by telephone at (503) 678-7832.
7. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number,as designated
by the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Eighty Six Thousand Three Hundred
Fifty Three and 40/100 Dollars ($86;353.40) 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 2790.555, 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 shall obtain, prior to the execution of any performance under this Agreement, a
City of Tigard Business License. The Tigard Business License is based on a calendar year with
a December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
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 to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
3) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material fiirnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work;
and further certifying that no worker employed upon such public work has been paid less than
the applicable prevailing rate of wage,which certificate and statement shall be verified by the
oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's
Surety that the Contractor or Subcontractor has read such statement and certificate and knows
the contents thereof and that the same is true to the Contractor's or Subcontractor's
knowledge.
1) The certified statements shall set out accurately and completely the payroll records for the
prior week, including the same and address of each worker, the worker's correct
classification,rate of pay,daily and weekly number of hours worked,deductions made and
actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements shall also be filed at the
same time with the Commissioner of the Bureau of Labor and Industries. Certified
statements shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a period of
three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any person
in connection with this contract as such claim becomes due, the proper office of the City of
Tigard may pay such claim to the person furnishing the labor or services and charge the
amount of the payment against funds due or to become due to the Contractor by reason of
such contract. Payment of a claim in this manner shall not relieve the Contractor or the
Contractor's Surety from obligation with respect to any unpaid claims. '
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one
day, or 40 hours in any one week,except in cases of necessity or emergency or when the City
deems it in the best interest of the public or policy absolutely requires it,in which event, the
person so employed for excessive hours shall receive at least time and a half pay for the
following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when
the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in 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 279G.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 2790,580. Contractor shall
include a clause in each contract with a subcontractor requiring the subcontractor to meet the
same payment and interest standards as required by ORS 279C.580 (4).
12.Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring
contractors to demonstrate that an employee drug-testing program is in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
program will apply to all employees and will be maintained for the duration of the Contract
awarded. Failure to maintain a program shall constitute a material breach of contract.
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or
corporation furnishing medical, surgical, and hospital care or other needed care and attention
incident to sickness or injury to the Contractor's employees,all sums which the Contractor agreed
to pay for such services and all money and sums which the Contractor collected or deducted
from employee wages pursuant to any law, contract or agreement for providing or paying for
such service as referenced in ORS 279C.530.
14.Ealy Teffnination
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 2790.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor
against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued
at levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds;
2) If Federal or State regulations or guidelines are modified,changed, or interpreted in such
a way that the services are no longer allowable or appropriate for purchase under this
Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors,agents,and employees to provide the services required by this Agreement
is for any reason denied,revoked; or not renewed, or
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed
by or against Contractor,if a receiver or trustee is appointed for Contractor; or if there is
an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (A) shall be without prejudice to any
obligations or liabilities of either parry already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time specified
herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its
terms,and after receipt of written notice from City,fails to correct such failures within ten
(10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including breach
of contract) by Contractor shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered
by Contractor bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any,sustained
by City due to breach of contract by Contractor. Damages for breach of contract shall be those
allowed by Oregon law,reasonable and necessary attorney fees,and other costs of litigation at trial
and upon appeal.
16.Access to Records
City shall have access to such book, documents,papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts, and
transcripts.
17.Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
18.Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order ,
1.1246 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
e Department of Forest Service
e Soil Conservation Service
➢ Defense
• Department of Army Corps of Engineers
➢ Energy
Y 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. Changes
City may at any time, and without notice,issue a written Change Order requiring additional work
within the general scope of this Contract,or any amendment thereto,or directing the omission of
or variation in work. If such Change Order results in a material change in the amount or character
of the work, an equitable adjustment in the Contract price and other provisions of this Contract
as may be affected may be made. Any claim by Contractor for and adjustment under this section
shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the
notification of change or the claim will not be allowed. Whether made pursuant to this section or
by mutual agreement,no change shall be binding upon City until a Change Order is executed by
the Authorized Representative of City,which expressly states that it constitutes a Change Order
to this Contract. The issuance of information, advice, approvals, or instructions by City's
Representative or other City personnel shall not constitute an authorized change pursuant to this
section. Nothing contained in this section shall excuse the Contractor from proceeding with the
prosecution of the work in accordance with the Contract,as changed.
20.Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,
volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight
embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause;
provided that the party so disenabled shall within ten (10) days from the beginning of such delay,
notify the other party in writing of the causes of delay and its probable extent. Such notification
shall not be the basis for a claim for additional compensation. Each party shall, however, make
all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon
cessation of the cause,diligently pursue performance of its obligation under Contract.
21.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 parry 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 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, Commercial Automobile Liability coverage including coverage for all owned,hired,
and non-owned vehicles on an"occurrence"form.The Combined Single Limit per occurrence
shall not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the ,
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. 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 that are subject employers under the Oregon Workers'Compensation Law
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 obtain workers'compensation
coverage. All non-exempt employers shall provide Employer's Liability Insurance with
coverage limits of not less than$1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers,employees,agents and representatives as additional insureds
with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies having
an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject
all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
Will consider whether such self.-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City reserves
the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer,employee or agent of the City as those terms are used
in ORS 30.265.
I. Primary Coverage Clarification
The Parties agree that Contractor's coverage shall be primary to the extent permitted by law.
The Parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will
be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. 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,
email or by mail. Notices,bills and payments sent by mail should be addressed as follows:
_CITY OF TIGARD GT EXCAVATING,LLC
Attn Andrew Newbury,Sr Proj Engineer Attn: Tami Johnson
Address: 13125 SW Hall Blvd Address: 10333 Wiseacre Lane,NE
Tigard,Oregon 97223 Aurora, Oregon 97002
Phone: (503) 718-2472 Phone: (503) 678-7832
Email: andrew-n e,tigard-ongov Email: grade jgtexcavating.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
Consultant represents and warrants to the City that:
A. Consultant 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 Consultant,
enforceable in accordance with its terms.
C. Consultant(to the best of Consultant'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
Consultant, to Consultant's property, operations, receipts, or income, or to Consultant's
performance of or compensation for any work performed by Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant,or to goods,services,or property,whether tangible or intangible,provided by
Consultant;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
Consultant's services rendered in the performance of Consultant'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. Consultant 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 Consultant's warranty, in subsection 25.0 of this
Agreement that the Consultant 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
Consultant,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 Consultant'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 Consultant.
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, including the attachments, is intended both as a final expression of the
Agreement between the Parties and as a complete and exclusive statement of the terms. 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/she 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.
CITY
%OOF�TIGARD >IEAVATING,LLC
By: Marty Wine, City Manager Byc Authorized Contractor Representative
12-01& /�-2-6JA
Date Date
ATTACHMENT B
PUBLIC IMPROVEMENT CONTRACT—PERFORMANCE BOND
CITY OF TIGARD
113TH OUTFALL REPAIR
Bond Number. 759625_P
Project Name: 113th Outfall Repair
Developers Surety and Indemnity Company(Surety#1) Bond Amount No. 1: $86;353.40
(Surety#2)* Bond Amount No.2.* $
*fusing mulirole sunettes Total Penal Sum of Bond: $86,353.40
We, GT Excavating,LLC 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) Eighty Six Thousand Three Hundred Fifty Three&40/100---($86,353.40)Dollars
(Provided,that we the Sureties bind ourselves in such sum`jointly and severally"as well as"severally"
only for the purpose of allowing a joint action or actions against any or all of us, and for all other
purposed each Surety binds itself,jointly and severally with the Principal, for the payment of such sum
only as is set forth opposite the name of such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans,
specifications, 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, conditions, and provisions of the
Contract, in all respects, and shall well and truly and fully do and perform all matters and things
undertaken by Contractor to be performed under the contract,upon the terms set forth therein,and
within the time prescribed therein,or as extended 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 direct or indirect damages or claim 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 Principal or its subcontractors,and shall in all respects perform said contract according to law,
then this obligation is to 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 hereo>E
IN WITNESS.WHEREOF,WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 26th day of October 2016
PRINCIPAL._GT Excavating,LLC.
BYL:22#V1Wx1
Signature
/p/fi,5pq
Printed Name&Tide
Attest:
SURETY: Developers Surety and Indemnity Company
(Arid si8naturrs foreacb sorry if using mulft)ile bands)
BY ATTORNEY-IN-FACT:
(Poorer-of-Attorney must accnmpanj each surety bona
Gloria Br ing
Name
(0
Ad.0
Signature
1201.SW 12th Ave.,#500
Address
Portland,_OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
ATTACHMENT C
PUBLIC IMPROVEMENT CONTRACT—PAYMENT BOND
CITY OF TIGARD
113TH OUTFALL REPAIR
Bond Number:759625P
Project Name: 113th Outfall Repair
Developers Surety and Indemnity Company(Surety#1) Bond Amount No. 1: $86,353.40
(Surety#2)* Bond Amount No.2:* $
*If using multole sureties Total Penal Sum of Bond. $86,353.40
We,GT Excavating,LLC 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)Eighty Six Thousand Three Hundred Fifty Three&40/100---($86,353.40)Dollars
(Provided,that we the Sureties bind ourselves in such sum"jointly and severally"as well as"severally"
only for the purpose of allowing a joint action or actions against any or all of us, and for all other
purposed each Surety binds itself,jointly and severally with the Principal, for the payment of such sum
only as is set forth opposite the name of such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans,
specifications,terms,and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications,special provisions, schedule of performance,and schedule of contract prices,are made
a part of this Payment bond by reference,whether or not attached to the contract(all hereafter called
"Contract"); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms,
conditions,requirements,plans,and specifications,and schedule of contract prices which are set forth
in the Contract and any attachments,and all authorized modifications of the Contract which increase
the amount of the work,or the cost of the Contract,or constitute authorized extensions of time for
performance of the Contract,notice of any such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall
faithfully and truly observe and comply with the terms,conditions,and provisions of the Contract,in
all respects,and shall well and truly and fully do and perform all matters and things by it undertaken
to be performed under said Contract and any duly authorized modifications that are made,upon the
terms set forth therein,and within the time prescribed therein,or as extended therein as provided in
the Contract,with or without notice to the Sureties, and shall indemnify and save harmless the City
of Tigard its officers, agents,and employees against any claim for direct or indirect damages of every
kind and description that shall be suffered or claimed to be suffered in connection with or arising out
of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay
all persons supplying labor,materials, or both to the Principal or its subcontractors for prosecution
of the work provided in the Contract;and shall promptly pay all contributions due the State Industrial
Accident Fund and the State Unemployment Compensation Fund from the Principal or its
subcontractors in connection with the performance of the Contract;and shall pay over to the Oregon
Department of Revenue all sums required to be deducted and retained from the wages of employees
of the Principal and its subcontractors pursuant to ORS 316.167,and shall permit no lien nor claim
to be filed or prosecuted against the City on account of any labor or materials furnished; and shall do
all things required of the Principal by the laws of the State of Oregon, then this obligation shall be
void;otherwise,it shall remain in full force and effect.
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 October 2016
PRINCIP :GT Excavatin LLC
Signature n
Printed Name&Title
Attest:
SURETY: Developers.Surety and Indemnity Company
(Add signatun's far each surety fusing multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attarney must accompany each.urrey bona)
Gloria Bru 'ng
Name
12mk
Signature
1201 SW 12th.Ave;,_#500
Address
Portland,OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint
***Brent Olson, Richard W.Kowalski,Gail A.Price,Vicki Mather, Philip O.Forker, Gloria Bruning;J. Patrick Dooney,Joel Dietzman,
Christopher A. Reburn, Karen A.Pierce, Ray M. Paiement,Tami Jones,jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of.said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008..
RESOLVED,that combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April,2016.
...,_....
�1A- '• /�] �V AND/,t,` �pANyO
vox��By: vhfJ��. .Po��F VO PP R C+
Daniel Young,Senior Vice-President y 2u° Rara�� �a Go ArF
OCT. 1 = OCT.5LU
o
� _ oj� 1938 J�� WO
1967 =
By: d7 /t]_WP faD 2 OV
Mark Landon,Vice-President �r�o�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On April 18,2016 before me, Lucille Raymond Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Youna and Mark Lansdon
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAV ONO which the person(s)acted,executed the instrument.
Commission#2081945
i
Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Z Orange County true and correct.
MY Comm. ares Oct18 2018
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Lucill . y ond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,Califomia,this '�Tn day of O � tr- - ANS Np GoMpPo yO,
Y od °°µpoRyl
z
�` ocr. OCT.5
By: - O 938 O f W 1967
Cassie J. rrisford;Assistant Se 1 J
tary ���:., 1 a 0,
94IFOA�
ID-1380(Rev.04/16) `M '�
ATTACHMENT D
SUPPLEMENTARY GENERAL CONDITIONS
CITY OF TIGARD
113TH OUTFALL REPAIR
The following provisions supplement and amend the General Conditions (defined in the Agreement).
Section 00150.10(a) Order of Precedence - The Engineer will resolve any discrepancies between '
these documents in the following order of precedence:
• Contract Change Orders;
• Special Provisions;
• Agency-prepared drawings specifically applicable to the Project and bearing the Project title;
• Reviewed and accepted, stamped Working Drawings;
• Standard Drawings;
• Approved Unstamped Working Drawings;
• Supplemental Specifications;
• Standard Specifications;and
• All other contract documents not listed above
Notes on drawing shall take precedence over drawing details.
Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled
dimensions.
Section 00150.40(a) Cooperation and Superintendence by the Contractor, General --Add the
words;"within the limitations in Oregon Law regarding public records."to the end of the sentence in
bullet item 7.
Section 00160.10 Ordering,Producing and Furnishing Materials --Delete the last two sentences
in the opening paragraph.
Section 160.10(b)Approval of Quantity of Materials Ordered--Delete the sentence, "Therefore,
the Contractor is cautioned to order or produce Materials only after having received the approval of
the Engineer. " Delete the sentence, "Excess Materials, ordered or produced by the Contractor,
without approval of the Engineer, may be purchased by the Agency at the sole discretion of the
Agency:. (see 00195.80)"
Section 165.03 Testing by Agency-- Delete the words "its central laboratory, field laboratories, or
other" from the first sentence.
Section 170.10(d) Agency's Payment of the Contractor's Prompt Payment Obligations =-
change the word"ODOT" to"Agency".
Section 170.70,Insurance--Delete entire section.
Section 170.72 Indemnity/Hold Harmless --Delete entire section.
Section 170.94 Use of Explosives-- Change the first sentence to read,"The Contractor shall obtain
the Engineer's approval and shall comply with all Laws pertaining to the use of explosives."
Section 180.20(a) Subcontracting Limitations, General--Delete the first sentence.
Section 180.22 Payments to Subcontractors and Agents of the Contractor-- Delete the second
paragraph.
Section 180.31 (b)(1) Reason for Substitution -- Add the following word to the beginning of the
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."
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.
ATTACHE.MENT E
SPECIAL PROVISIONS
CITY OF TIGARD
113TH OUTFALL REPAIR
WORK TO BE DONE
The Work to be done under this Contract consists of the following in the City Limits of Tigard in
Washington County:
Furnish all labor, equipment, tools, and materials to construct outfall repair project as shown in
construction plans. Perform additional and incidental work as called for by the specifications and
plans entitled:
113TH OUTFALL REPAIR
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 `City'in project-specific cases, but
may refer to the Oregon Department of Transportation,especially in cases of standards and testing.
All number references in these Special Provisions shall be understood to refer to the sections and
subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and
to sections and subsections contained in these Special Provisions in their entirety.
Section 00150—Control of Work
Comply with Section 00150 of the Standard Specifications modified as follows: ,
00150.10 Coordination of Specifications and Plans: - Add the following paragraph at the end of
(b) Immaterial Discrepancies
During the progress of construction, it is expected that minor adjustments in the locations of some
improvements will be necessary. Such relocations shall be made only by direction of the Engineer in
writing. Unforeseen obstructions encountered as a result of such relocations will not be subject for
claims for additional compensation by the contractor to any greater extent than would have been the
case had the obstructions been encountered along the original location.
00150.15 Construction Stakes, Lines,and Grades:
(a) Agency Responsibilities—Delete bullet items 1-4 and add the following bullet item:
• Agency's contract Surveyor will provide construction stakes for disturbed limits and the storm
outfall scour pad.
(c) Contractor Responsibilities—Replace with the following:
The Contractor shall:
• Coordinate construction to provide sufficient area for Surveyor to perform surveying work
efficiently as safely;
• Accurately measure detailed dimensions, elevations, and Slopes from the Agency's Contract
Surveyor's stakes and marks;
• Perform the Work in such a manner as to preserve stakes and marks;and
• Set any reference lines for automatic control from the control stakes provided by the Surveyor.
• The Contractor shall examine the stakes before commencing work. Where the validity of a
stake(s) is questioned,promptly notify the Agency to check such stake(s) before proceeding.
00150.40 Cooperation and Superintendence by the Contractor:-Add the following paragraphs at
the end of Section 00150.40:
The contractor shall,at own expense,procure all permits, certificates and licenses required of him by
law for the execution of his work. Contractor shall comply with all federal, state and local laws,
ordinances or rules and regulations relating to performance of the work. All construction work shall
be performed in conformance with the requirements of the Oregon State Department of
Environmental Quality,Clean Water Services, ODOT within their right-of-way;and the Agency.
The contractor acknowledges the hull nature and location of the work;the general and local conditions,
particularly those bearing upon availability of transportation, disposal, handling and storage of
materials;availability of labor,water,electric power,roads;uncertainties of weather,or similar physical
conditions at the site;the conformation and conditions of the ground;the character of equipment and
facilities needed preliminary to and during the prosecution of the work;and all other matters which
can in anyway affect the work or the cost thereof under this Contract.
The contractor further acknowledges understanding of the full character, quality, and quantity of
surface materials to be encountered from inspecting the site,all exploratory work done by the Agency,
as well as from information presented by the drawings and specifications made a part of this Contract.
Any failure by the contractor to be acquainted with all the available information will not relieve
responsibility for properly estimating the difficulty or cost of successfully performing the work.
The contractor warrants that as a result of this examination and investigation of all the aforesaid data
that they can perform the work in a good and workmanlike manner and to the satisfaction of the
Agency. The Agency assumes no responsibility for any representations made by any of its officers or
agents during or prior to the execution of this Contract,unless (1) such representations are expressly
stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is
assumed by Agency.Representations for which liability is not expressly assumed by the Agency in the
Contract shall be deemed only for the information of the contractor.
00150.50 Cooperation with Utilities: -Add the following:
(0 Utility Information: The locations of facilities shown on the plans were derived from the best
information available. It shall be the responsibility of the Contractor to verify the existence and exact
locations of underground facilities prior to construction. Any existing facilities damaged by the
Contractor's operations shall be restored or replaced to an equal or better condition (in the judgment
of the engineer) at the expense of the Contractor.
For utility locate markings, the Contractor shall notify Utility Notification Center at least 2 working
days,but not more than 14 calendar days,prior to performing any excavation or any other work close
to any underground pipeline, conduit, duct, wire or other structures. The Contractor shall be solely
responsible for maintaining utility locate markings until project construction is complete.
The Contractor shall also notify all utilities that may be affected by the construction operation at least
48 hours in advance that their services will be affected by the work and make reasonable ,
accommodations (in the judgment of the engineer) for the operation of these utilities.
The following information is included for the Contractor's convenience:
Utility Notification Center 503-246-6699 or 800-332-2344
Utility Agency Contact Phone
Water City of Tigard Aaron Beattie 503-718-2596
24-hour 503-639-1554
Sanitary Sewer City of Tigard Rob Block 503-718-2607
Storm Sewer City of Tigard Rob Block 503-118-2607
Power PGE 24-hour 503-464-7777
Damage&Repair 503-736-5662
Tiffany Ritchey 503-764-6935
Carl Kmtka 503-849-6746
Cable Comcast Ken Parris 503-372-1384
Margaret Porter 503-372-1383
Damage&Repair 503-617-1212
Telephone Frontier 24-hour 1-877-462-8188
Robert Plant 503-644-7153
Telecom Time Warner David Miner 503-416-1522
Mark Gubrud 503-701-9167
Integra Telecom Robert Davidson 503-453-8247
Verizon Business Brad Landis 425-201-0901
Gas NW Natural Andrea Kuehnel 971-.409-7594
Damage&Repair 503-226-4211
ODOT-Storm ODOT Jim Nelson 971-673-6200
Section 00165 Quality of Materials
Comply with Section 00165 of the Standard Specifications modified as follows:
Delete Section 00165.03 of the Standard Specifications and substitute the following:
00165.03 Testing by Agency: —No testing will be performed by the City. All testing shall be the
responsibility of the Contractor.
Delete Section 00165.04 of the Standard Specifications and substitute the following:
00165.04 Cost of Testing:—All testing required to be performed by the Contractor will be considered
incidental and will be at the Contractor's expense.
Delete Section 00.165.10 of the Standard Specifications and substitute the following:
00165.10 Contractor Quality Control:
(a) Responsibilities -Be responsible for:
• Furnishing material of the quality specified.
• Performing testing as required by the Special Provisions.
Section 00170—Legal Relations and Responsibilities
Comply with Section 00170 of the Standard Specifications modified as follows:
00170.02 Permits,Licenses, and Taxes:
• Contractor shall provide proof of a current City Business License or a Metro Contractor's
Business License.
00170.03 Furnishing Right of Way and Permits:—Add the following:
The Agency shall be responsible for obtaining the following permits:
1. City of Tigard PFI Permit.
2. Contract Fee payment to BOLI.
00170.60 Safety, Health, and Sanitation Provisions:—Add the following paragraph to the end of
this subsection:
The Contractor shall provide and maintain proper portable sanitary facilities for his employees and
his subcontractors' employees during day and night shifts that will comply with the regulations of the
local and State departments of health and as directed by the City Engineer.
00170.80 (a) Responsibility for Damage in General:—Add the following:
The Contractor shall perform Work,and furnish Materials and Equipment for incorporation into the
Work, at the Contractor's own risk,until the entire Project has been completed and accepted by the
City.
The Contractor shall provide adequate protection for property, trees, landscaping, and other items
adjacent to the work area. Existing trees, sidewalks,property, shrubs,plants, or other items that are
not to be removed but are injured or damaged by reason of the Contractor's operations shall be
replaced in kind at the Contractor's expense.
Contractor shall repair all damages to Work performed, Materials supplied, and Equipment
incorporated into the Work,except as otherwise provided in this Section.
Section 00180 Prosecution and Progress
Comply with Section 00180 of the Standard Specifications,modified as follows.
00180.40 Limitation of Operations:—Add the following at the end of this subsection:
(c) Limitation of Operations - Limitation of operations specified in these special provisions
includes,but is not limited to the following:
Limitations Subsection
Cooperation with Utilities 00150.50
Commencement and Performance of Work 00180.43
Final completion time 00180.50
Lane Restrictions 00220.40
Be aware of and subject to schedule limitations in the Standard Specifications and supplemental
Standard Specifications which are not listed in this subsection.
00180:50 Contract Time:—Add the following:
Work to be done under this project must be completed within 45 calendar days of issuance of the
Notice to Proceed.
00180.85 Failure to Complete on Time; Liquidated Damages: —Add the following sentence to
the end of subsection (b):
The liquidated damages for failure to obtain substantial completion on time as required by 00180.50
(h) is$500 per calendar day.
Section 00210—Mobilization
00210.40 Mobilization: -Add the following bullet item:
• Includes bonds and insurance.
Section 00220—Accommodations for Public Traffic
00220.02 Public Safety and Mobility: - Add the following bulleted items to the end of this
subsection:
• Traffic signs shall be removed promptly when no longer in effect.
• No material or equipment shall be stored where it could interfere with the free and safe passage
of public traffic (including drivers,pedestrians,cyclists,and all others).
• Convenient access to driveways, houses, and businesses shall be maintained. Access to private
properties must be kept open.
• Trench excavation and backfill shall be conducted in a manner as to provide a reasonably smooth
and even surface satisfactory(in the judgment of the engineer) for use by public traffic at all times.
• Pedestrians and all others shall be protected from moving equipment, open trenches, falling
objects,and all other hazards associated with construction.
• Streets shall not be closed during construction.
• Closure of any traffic lane requires advanced approval from the City. Traffic shall not be delayed
more than 10 minutes while routing through the construction site. The total hour of 10-minute
delays shall not exceed 2 hours in any workday. The City reserves the right to restrict work: for
specific holidays or events.
• Do not place work zone signs or supports that will block existing walkways, unless a pedestrian
detour route has been submitted and approved by the City.
• 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.
• The Contractor shall notify the applicable following agencies and organizations a least five (5)
working days in advance that their services will be affected by the work, including lane/road
closures or other restrictions which could cause delay to emergency, delivery or transit vehicles.
The information below is provided for the contractor's convenience; it is the contractor's
responsibility to make sure each entity is properly notified.
Emergency Services 911
City of Tigard Police Department (Non-Emergency) 503-629-0111
Tualatin Valley Fire&Rescue (Station 51) Qohn Wolf 503-612-7000
United States Post Office (Non-Emergency Services) 503-968-0753
or 503-968-2991
United States Post Office (Emergency Services) 866-261-6412
Tigard-Tualatin School District Qean Devenport) 503-431-4046
First Student Qoanne Kirkbride) 503-431-2345
Pride Disposal (Lottie Schmidt) 503-625-6177 Ext 129
Section 00290—Environmental.Protection
00290.90 Payment:-All work is incidental and no separate payment will be made.
Section 00320—Clearing and Grubbing
00320.41 Grubbing Operations—Add the following:
Existing roots and stumps of removed trees shall remain in place..
Section 00390—RipraP Protection
00390.40 Preparation—Revised first sentence to say:
Remove brush and other organic material from slopes to be protected by riprap and dress to smooth
surface. Existing roots and stumps of removed trees shall remain in place.
00390.90 Payment—Add the following:
Riprap installation shall include installation of riprap along the channel bottom and side slopes as
indicated by the footprint shown on the plans.
Section 00405—Trench Excavation,Bedding, and Backfill
00405.90 Payment—Add the following pay item:
(d) Trench excavation with Class `A'native backill (all depths) Lineal Foot
Section 00445—Sanitary, Storm, Culvert, Siphon, and Irrigation Piping
00445.91 Payment — No separate payment made for fittings, wyes, tees, couplers and other
appurtenances.
Section 00490—Work on Existing Sewers
490.90 Payment—Add the following pay item:
(i) Bypass pumping Lump Sum