GT Excavating - CP12007 City of Tigard
13125 SW Hall Blvd
Tigard, Oregon.97223
Phone: 503-639-4171
Fax:503-684-2797
CONTRACT DOCUMENTS
for the construction of
103rd Avenue and McDonald Street Storm Drain Improvements
Project No.: CIP 2012-94024
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Bid Proposals Due & Bids Open: March 13,2012-2:00 PM
Version: February 11, 2010
CITY OF TIGARD, OREGON
CONTRACTDOCUMENTS
103rd Avenue and McDonald Street Storm Drain Improvements
DATE DUE: March 13, 2012
TIME DUE: 2:00 PM
Envelopes must be sealed and marked with project title.
Bidders must submit one (1) original of their Bid.
If a bid exceeds $100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in
this packet,to the City no later than 4:00 PM,March 13,2012.
PROJECT MANAGER: QUESTIONS REGARDING THE BID:
Mike McCarthy, P.E. Joe Barrett, Sr. Management Analyst
City-of Tigard, Public Forks Engineering City of Tigard,Procurement Office
Phone: 503-718-2462 Phone: 503-718-2477
Fax: 503-624-0752 Fax: 503-684-2797
Email: mikem(a�xi�,ard-or.�,ov Email: ose12h&ti and-or. ov
SUBMIT BIDS TO:
Joe Barrett, Sr. Management Analyst
City of Tigard—Information Desk
13125 SW Hall Blvd
Tigard, Oregon 97223
Page 2
CITY OF TIGARD
ADVERTISEMENT FOR BIDS
10P AVENUE AND McDONALD STREET STORM DRAIN IMPROVEMENTS
The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Information Desk at 13125
SW Hall Blvd., Tigard, Oregon 97223 until 2:00 pm local time, March 13, 2012 for the 103rd Avenue and
McDonald Street Storm.Drain Improvements construction project.. Bids will be opened and publicly read
aloud immediately after the bid's closing time and date at Tigard City Hall.
The project, 103rd Avenue and McDonald Street Storm Drain Improvements, generally consists of the
following:
1. Excavation and construction of storm drainage pipes,manholes,and catch basins
2. Restoration or relocation of landscaping, fences,and mailboxes
3. Paving of trench areas
4. Installation of drainage curb
5. Temporary signage,protection,and traffic control
6. Performance of additional and incidental work as called for by the specifications and plans.
Pursuant to Tigard Public Contracting Rule 30.055, all bidders must submit a bid security to the City along
with their bid in an amount equal to ten percent (10%) of their base bid. In the event a bid exceeds $100,000,
Bidders must submit a First Tier Subcontractor Disclosure Form, provided in this packet, to the City no later
than 4:00 pm.local time,March 13,2012.
The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and
279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be
incorporated by reference as if fully set forth in any contract resulting from this Invitation to Bid. Contractor
shall provide proof to the City prior to the beginning of any of the work that the Contractor has filed a public
works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as
required under Oregon PWR law.
No bid will be considered unless fully completed in a manner provided in the bid packet. Facsimile and
electronic (email) bids will not be accepted nor will bids be accepted after the stated opening date and time.
Bids received after the closing time will be returned to the submitting firm unopened after a contract has been
awarded for the required services.
Bid packets may be obtained in person at Tigard City Hall's Information Desk located at 13125 SW Hall Blvd.,
Tigard, Oregon 97223, or by contacting Joe Barrett, Sr. Management Analyst, at either (503) 718-2477 or
joseph@dgard-or.gov. The City may reject any bid not in. compliance with all prescribed public bidding
procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in
the public interest to do so.
Published: Daily Journal of Commerce
Date: March 01,2012
Published: The Tigard Times
Date: March 01,2012
Page 3
TABLE OF CONTENTS
TITLE PAGE
TitlePage----------------------•---------------- -- --------------------------------------------------- -----------1
- -
Advertisement for Bids - 3
Table of Contents, 4
INSTRUCTIONS TO BIDDERS
Section 00120 Bidding Requirements and Procedures------------------------ --------- --------------------------5
Section 00130 Award and Execution of Contract____ _________ 14
BID BOOKLET
AttachmentA Proposal---------------------------------------------------- -----------------------------------------------------19
Attachment B Acknowledgement of Addenda----------------------------------------------------------------------23
Attachment C Bid Certifications____________________ _________
Attachment D First Tier Subcontract Disclosure Form.............. _ __ 25
Attachment E Bid Bond Form-----------------------------------------------
CONTRACT BOOKLET
Attachment F Public Improvement Contract___________________________________ __ ..........................
Attachment G Performance Bond Form--------------------------------------------------- 41
Attachment H Payment Bond Form---------------------------------------------------------------------------------------
Attachment I Supplementary General Conditions____ __________________________________ __________________45
Attachment J Special Provisions______________________________
Attachment M Standard Details Drawings (See Below)
Attachment N Oregon BOLI Prevailing Wage Rates
DRAWINGS 103RD AVE&MCDONALD ST Storm Drain Improvements
-Dated February 24,2012
Drawings pages 1 through 9
Page 4
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
This Section replaces Section 00120 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00120.00 Bid Closing Time and Date-The advertisement,included in the Bid Booklet sets the deadline
date and time for submitting bids.
00120.01 General Bidding Requirements -Bidders may obtain and submit Bids by paper before the
deadline stated in the Advertisement for Bid and at the location stated in the Advertisement for Bid.
00120.05 Requests for Solicitation Documents -Informational Plans and Specifications (not for bidding)
are available at the City of Tigard, 13125 SW Hall Blvd. Tigard, OR 97223 at no charge. Copies of the Oregon
Standard Specifications may be purchased at the ODOT Procurement Office-Construction,Contractor Plans,
455 Airport Road SE,Building K,Salem, Oregon 97301-5348 (telephone (503) 986-6936). The Oregon
Standard Specification can be obtained on line free of charge at:
htW://www.oregon.gov/ODOT/HWY/SPECS/standard specifications shtml.
(a) Paper Bids -Bidders must obtain Solicitation Documents from the City of Tigard, 13125 SW Hall
Blvd.,Tigard, OR 97223. Each request must include both the name of the person ordering or
obtaining the Solicitation Documents,and the name of the Entity intending to use them. (The City will
add the name of the Entity intending to use the Solicitation Documents to the list of Holders of
Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of
Tigard may be used to submit Bids.
(b) Standards and Specifications -The work embraced herein shall be done in accordance with the
following standards and specifications.
City of Tigard Public Improvement Design Standards_______________________Download from the City's web site
Supplementary General Conditions______________________________ ___ _____ _ _ _ ______________Included in the Bid Booklet
Oregon Standard Specifications Version 2008-Volume 2______ __ _ __ ____________ Available from ODOT
(See web site address above)
Copies of these standards and specifications can be found at the locations stated above.
00120.10 Bid Booklet-The Bid Booklet may include,but is not limited to:
• Proposal
• Acknowledgement of Addenda
• Bid Certifications
• First Tier Subcontractor Disclosure
• Bid Bond
By signing the Certificate of non-collusion,Bidder certifies that this bid/proposal has been arrived at
independently and has been submitted without collusion designed to limit independent bidding or competition.
00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be
Encountered-Before submitting a Bid,Bidders shall carefully examine the site of the proposed Work, the Bid
Booklet,Plans,and Specifications. Bidders shall also contact Utility owners to verify all Utilities'anticipated
involvement on the Project Site. Bidders are also encouraged to review any subsurface investigation material
referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder
has examined the Project Site and Solicitation Documents, finds the Plans and Specifications to be sufficiently
detailed and accurate to enable Bidder to properly perform the Work,and understands the conditions to be
encountered in performing the Work and all requirements of the Contract.
Page 5
The City and its employees will not be responsible for loss or unanticipated costs suffered by the Bidder
because of the Bidder's failure to become fully informed about all conditions of the Work,or failure to request
clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
(a) Clarifications-Any clarification of Plans and Specifications needed by the Bidder shall be requested in
writing through the Procurement Office. Requests shall be made in sufficient time for the Agency's
reply to reach all Bidders before Bid Closing. Oral explanations or interpretations given before
receiving Bids for a Project will not be binding. To be binding,interpretation of the Plans and
Specifications by the City must be made by written Addendum fixrnished to all Holders of Bidding
Plans according to 00120.30. Notification of erroneous or incomplete Plans or Specifications shall also
be submitted to the Procurement Office. Such notification shall also be made in sufficient time for the
City to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing.
(b) Protest of Specifications or Terms -A bidder who believes any specifications or terms detailed in the
bid packet or sample contract(Attachment F) are unnecessarily restrictive or limit competition may
submit a protest in writing,to the Procurement Office. A protest may be submitted via facsimile. Any
such protest shall include the reasons for the protest and shall detail any proposed changes to the
specifications or terms. The Procurement Office shall respond to any protest and,if necessary, shall
issue any appropriate revisions, substitutions, or clarification via addenda to all interested Bidders.
To be considered,protests must be received at least seven- (7) calendar days before the bid closing date.
The City shall not consider any protest against award due to the content of bid specifications or
contract terms submitted after the established protest deadline. All protests should be directed to the
Procurement Office and be marked as follows:
Bid Specification/Term Protest
103rd Avenue and McDonald Street Storm Drain Improvements,March 13,2012
City of Tigard
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
If a bid protest is received in accordance with section above,the bid opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the bid
documents.
The City is not obligated to consider any protests unless the issue has first been submitted for
clarification and a decision issued under subparagraph (a) above.
00120.16 Material,Equipment, and Method Substitutions -When the Contract specifies certain
Materials,Equipment,and/or methods,the Bidder shall include those Materials,Equipment,and/or methods
in the Bid unless the Engineer has issued an Addendum granting approval to substitute. The procedure for
requesting approval is as follows:
(a) Written Request- If a Bidder proposes to use Materials,Equipment and/or methods other than
those specified, the Bidder shall send a written request to the Engineer, at least seven Calendar Days
prior to Bid Opening,including complete descriptive and technical information on the proposed
Materials,Equipment and/or methods.
(b) Functional Similarity-Materials and Equipment proposed for substitution shall be similar in
design,and equal or better in quality and function to those specified.
Page 6
(c) Manufacturer's Information-If manufacturers'brochures or information is needed, the Bidder
shall submit three copies of each with all pertinent information clearly marked.
(d) Differences -The Bidder shall specifically note all differences between the specified Materials,
Equipment and/or methods and the proposed substitutes.
(e) Cost-Where a substitute will result in alteration of the design or space requirements, or any other
modifications to the Plans, the Bidder shall include in the substitution request all items of cost for
the revised design and construction.
(f) Notification of Holders of Bidding Plans - If the Engineer approves any proposed substitution,
such approval,and any modifications necessitated to the design and construction by the
substitution,will be acknowledged by Addenda.
Unless the Engineer has approved substitutions of Materials, Equipment, and/or methods prior to
opening of Bids, the Bidder shall furnish the items specified in the Contract. Substitution after
Award is specified in 00180.31(b), 00180.31(c),and 00180.31(d).
00120.17 Use of City-Owned Land for Staging or Storage Areas -The Contractor may use Agency-
owned property for staging or storage areas, subject to the following limitations:
(a) Within Normal Right-of-Way Limits - If approved by the Engineer, the Contractor may use
available property within the normal Right-of-Way limits for the purpose of constructing
improvements under the Contract, as long as such use does not unduly impede other legitimate
users of the Right-of-Way or adjacent properties. Where the City owns, or has rights to, other
adjacent properties in the Project area, "normal Right-of-Way" is limited to a line drawn across that
property connecting the normal Right-of-Way limits on either side of the property.
(b) Outside Normal Right-of-Way Limits -The Contractor may not use City-owned property
outside of normal Right-of-Way limits for the Project without the approval of the City.
If a Bidder obtains approval before submitting a Bid,use of the property will be at no cost to the
Contractor, or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum.
If approval is not obtained before submitting a Bid,and the Contractor proposes to use City-owned
property outside the normal Right-of-Way limits, then use of the property may be approved by the
Engineer,but the Contractor will be assessed fair market value,as determined by the Engineer, for
use of the property.
(c) Restrictions on Use - Contractors shall comply with all applicable laws, ordinances,and regulations
pertaining to use of City-owned property,and shall:
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by, or resulting from,Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The City does not warrant that the actual
individual items,amount of Work, or quantities will correspond to those shown in the Bid Schedule. Payment
to the Contractor will be made only for actual quantities of Work performed and accepted or Materials
furnished and accepted,as required by the Contract. Quantities of Work to be performed and Materials to be
furnished may each be increased,decreased,or omitted as provided in 00120.30 and 00140.30.
Page 7
00120.25 Subsurface Investigations -If the City or its consultant has conducted subsurface or geologic
investigations of the proposed Project Site,the results of the investigations may be included in written reports.
If reports have been prepared,copies will be available at the Engineer's office. If the City has retained
subsurface samples, they will also be available for inspection. Bidders and the Contractor may make
arrangements for viewing the samples through the City's office.
The availability of subsurface information from the City is solely for the convenience of the Bidder and shall
not relieve the Bidder or the Contractor of any risk,duty to make examinations and investigations as required
by 00120.15,or other responsibility under the Contract Documents. It is mutually agreed to by all parties that:
• The written report(s) are reference documents and not part of the Contract Documents.
• The subsurface investigations made by the City are for the purpose of obtaining data for planning
and design of the Project.
• The data concerning borings is intended to represent with reasonable accuracy conditions and
materials found in specific borings at the time the borings were made.
00120.30 Changes to Plans,Specifications, or Quantities before Opening of Bids -The City may
modify the Solicitation Documents by issuance of an"Addendum"to all prospective bidders within a
reasonable time prior to bid closing to allow bidders to consider them in preparing their bids,but in no case less
than 48 hours before the bid closing. If an Addendum is necessary after that time,the City,at its discretion,can
extend the closing date.
Any Addendum issued, as a result of any change in the Solicitation Documents,must be acknowledged by
submitting the"Acknowledgment of Addendum" (Attachment B)with a proposal. Only questions that are
answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect.
00120.40 Preparation of Bids:
(a) Bidding Considerations -Bids must be prepared on the Bid Proposal included in Attachment A
and must be completed, signed, dated, and submitted prior to the closing date and time. All bids
shall be prepared and submitted in ink or typewritten. By submitting a completed Bid Form, the
Bidder is stating their conformance with all requirements of the Invitation to Bid which will be
incorporated into any subsequent contract. Failure to comply with all requirements set forth in the
Invitation to Bid may result in the rejection of a bid.
Bidders may refer to the following Subsections for requirements that may affect bidding
considerations:
• 00120.80,Preference for Oregon Resident Bidders
• 00130.80,Restrictions on Commencement of Work
• 00150.55,Coordination of Work
• 00150.75,Protection and Maintenance of Work
• 00160.20(a),Buy America
• 00160.20(b),Buy Oregon
• 00180.20, Subcontracting Limitations
• 00180.21, Subcontracting
• 00195.50(a-1),Incidentals
• 00195.00(a), Cost of Insurance and Bonds
Page 8
(b) Paper Bids -The Bidders shall not alter,in any manner, the paper documents bound within the Bid
Section. Bidders shall complete the certifications and statements included in the Bid Section of the
Bid Booklet according to the instructions. Signature of the Bidder's authorized representative
thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements
contained in the paper Bid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures
and initials shall be in ink, except for changes submitted by facsimile (FAX) transmission as
provided by 00120.60 (in which case FAX signatures shall be considered originals).
The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified
in 00120.10, between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40(e)).
(c) Recyclable Products -Bidders shall use recyclable products to the maximum extent economically
feasible in the performance of the contract set forth in this document.
(d) Bid Schedule Entries - Using figures,Bidders shall fill in all blank spaces in the paper Bid
Schedule. For each item in the paper Bid Schedule,Bidders shall enter the unit price and the
product of the unit price multiplied by the quantity given. The unit price shall be greater than zero,
shall contain no more than two decimal places to the right of the decimal point,and shall be
expressed in U.S. dollars and cents (for example, $150.25 or$0.37). Bidders shall also enter the total
amount of the Bid obtained by adding amounts for all items in the paper Bid Schedule. Corrections
or changes of item entries shall be in ink,with incorrect entry lined out and correct entry entered
and initialed.
(e) Bidder's Address and Signature Pages - Bidders shall include in the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly
authorized representative of the Bidder.
(f) Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the total
amount of the Bid. The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in the form of a cashier's check or
certified check made payable to the Agency. (see ORS 279C.365(4)).
If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included with
the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal
affixed. The Bid guaranty shall be submitted by mail, delivery service, or hand delivered to the
offices and addresses, and at the times given in the paper Bid Booklet
Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered by 00130.70.
A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly and
properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract
has been executed or all bids have been rejected.
(g) Disclosure of First-Tier Subcontractors - If a Bidder's Bid on a public improvement Project
exceeds $100,000, the Bidder shall,within two working hours of the time Bids are due to be
submitted, submit to the Agency, on a form provided by the Agency,a disclosure identifying any
first-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is
equal to or greater than:
• 5%of the total Project Bid,but at least$15,000; or
• $350,000,regardless of the percentage of the total Project Bid.
Page 9
For each Subcontractor listed,Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract; and
• The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so
indicate by entering"NONE" or by filling in the appropriate check box. For each Subcontractor
listed,Bidders shall provide all requested information. An incomplete form will be cause for
rejection of the Bid.
The Subcontractor Disclosure Form may be submitted for a paper Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting
it together with the Bid at the time and place designated for receipt of Bids;
• By removing it from the paper Bid Booklet, filling it out and submitting it separately to the
Agency Procurement Office, at the address or FAX number given in the Bid Booklet.
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by
the Procurement Office within two working hours of the time designated for receiving Bids. Bids
not in compliance with the requirements of this Subsection will be considered non-responsive.
00120.45 Submittal of Bids:
(a) Paper Bids -Paper bids may be submitted by mail,parcel delivery service,or hand delivery to the
offices and addresses, and at the times given in the Bid Booklet. Submit paper Bids in a sealed
envelope marked with the word "Bid", the name of the Project, and the words "To Be Opened Only
by Authorized Personnel" on the outside. If a delivery or courier service is used, the Bidder shall
place the sealed envelope containing the paper Bid inside the delivery or courier service's envelope.
Closing time for acceptance of paper Bids is the time stated in the Advertisement on the day of Bid
Opening.
Paper Bids submitted after the time set for receiving paper Bids will not be opened or considered.
The Agency assumes no responsibility for the receipt and return of late paper Bids.
(b) Submission- One (1) original and one copy of the sealed Bid must be received before the stated
closing time at the address listed below. To assure that your bid receives priority treatment,please mark
as follows.
103rd Avenue and McDonald Street Storm Drain Improvements
March 13,2012
City of Tigard—Information Desk
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's
responsibility to ensure that bids are received prior to the stated closing time. The City shall not be
responsible for the proper identification and handling of any bids submitted incorrectly.
Page 10
(c) Bid Opening-Bids will be opened immediately following the deadline for receiving bids as stated in
the Advertisement in Tigard City Hall. Bidders may be present;however, award decisions will not be
made at the opening.
00120.60 Revision or Withdrawal of Bids:
(a) Modifications To Bids -In accordance with Tigard Public Contracting Rule 30.070 (A), a Bid may
be modified after submittal so long as the modification is done in writing prior to the bid's closing
time and date. Any modification must be prepared on the submitting company's letterhead, signed
by a company representative, and clearly state that the new modification supersedes or modifies the
prior bid. To ensure integrity of the bidding process,the modification must be delivered to the
City's Procurement Office in a sealed envelope that is marked`BID MODIFICATION" and list
the original bid title and closing date.
(b) Withdrawal of Bids -Tigard Public Contracting Rule 30.070 (B) allows for the withdrawal of a bid
so long as the bidding company submits a withdrawal request in writing on company letterhead and
signed by a company representative prior to the time and date of bid closing. The withdrawal
request shall be delivered to the City's Procurement Office and the bid shall be returned, unopened,
to the requesting bidder.
00120.65 Opening and Comparing Bids -Bids will be opened and the total price for each Bid will be read
publicly at the time and place stated in the Advertisement for Bids. Bidders and other interested parties are
invited to be present Bids for each Project will be compared on the basis of the total amount of each Bid.
The total amount of the Bid will be the total sum computed from quantities listed in all Bid Schedules times
unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended
amount, the unit price shall govern,and the City may make arithmetic corrections on extension amounts.
When an error(s)is made in extending total prices,the unit bid price will govern. Bidders are cautioned to
recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected by the bidder and
the contractor will be required to perform to work at the unit price if their bid is accepted.
00120.70 Rejection of Nonresponsive Bids -A Bid will be considered irregular and will be rejected if the
irregularity is deemed by the City to render the Bid non-responsive. Examples of irregularities include without
limitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed.
• The Bid contains improper additions, deletions, alternate Bids, or conditions.
• The Bid is submitted on documents not obtained directly from the City,or is submitted by a Bidder
who has not been identified by the City as a Holder of Bidding Plans,as required by 00120.05.
• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
The Bid has entries not typed or in ink, or has signatures or initials not in ink(save for changes
received by F A—X as provided by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document. This requirement applies to State-funded or
Page 11
locally funded Projects,with the exception of Aggregate production and landscape Projects (not
required on Federal-Aid Projects).
• A disclosure of first-tier Subcontractors,if required under 00120.400,is not received within two
working hours of the time Bids are due to be submitted, or the disclosure form is not complete.
• The Bidder has not complied with the DBE requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero..
• The Bid contains entries with more than two decimals to the right of the decimal point.
• The Bid entries are not expressed in U.S. dollars and cents.
00120.80 Reciprocal Preference for Oregon Resident Bidders -This Subsection applies only to Contracts
for Projects financed without federal funds. Bidders shall complete the certificate of residency provided by the
City in the Bid Booklet. Failure to properly complete the form will be cause to reject the Bid.
As used in the certificate of residency and this Subsection,"Resident Bidder'means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission of the Bid;
• A business address in the State of Oregon;and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid,the City will, for the purpose of awarding the Contract,add a percentage increase
to the Bid of a Nonresident Bidder equal to the percentage,if any, of the preference given to that Bidder in the
state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be
published on or before January 1 of each year by the Oregon Department of Administrative Services. The City
may rely on these percentages without incurring liability to any Bidder (ORS 279A.120). This increase will only
be applied to determine the lowest Bid,and will not cause an increase in payment to the Contractor after Award
of the Contract.
00120.90 Disqualification of Bidders -The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disqualify a Bidder:
• More than one Bid is submitted for the same Work by an Entity under the same or different
name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found not responsible, and
may be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 279C.440.
A Bidder will be disqualified if the Bidder has:
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under
ORS 279C.860;
• Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or been
licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k),
ORS 701.055, and ORS 671.530). The Bidder's registration number and expiration date shall be
shown in the Bid form,if requested. Failure to furnish the registration number,if requested,will
render the Bid non-responsive and subject to rejection. (not required on Federal-Aid projects); or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a
public contract for a public improvement.
Page 12
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is
found to be nonresponsible according to the criteria listed in 00130.10 will be rejected. Refer also to ORS
279C.375(2).
120.95 Public Records -All bid material submitted by bidder shall become the property of the City and is
public record unless otherwise specified. A bid that contains any information that is considered trade secret
under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.
The above restrictions may not include cost or price information,which must be open to public inspection.
Page 13
SECTION 00130 —AWARD AND EXECUTION OF CONTRACT
This Section replaces Section 00130 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00130.00 Consideration of Bids
(a) The City may reject any bid not in compliance with all prescribed public bidding procedures and
requirements and may reject for good cause any or all bids upon a finding of the City that it is in the
public interest to do so.
(b) The City reserves the right,as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any
and all minor informalities that may arise in relation to this bid process. Minor informalities are matters
of form rather than substance that are evident from the bid documents,or insignificant mistakes that
can be waived or corrected without prejudice to other bidders or the City. The informality shall not
affect price,quantity,quality,delivery,or contractual conditions except in the case of informalities
involving unit pricing..
(c) After opening and reading Bids,the Agency will check them for correct extensions of unit prices and
totals. (see 00120.65) The total of extensions,corrected where necessary,will be used by the Agency
for Award purposes.
(d) Bids will be considered and a Contract awarded,if at all,within 60 Calendar Days from the date of Bid
Opening,unless an extension beyond that time is agreed to by both parties and acknowledged in writing
by the Bidder.
00130.10 Award of Contract-After the Bids are opened and a determination is made that a Contract is to
be awarded,the Contract will be awarded to the lowest responsible Bidder. For the purposes of this Section,
"lowest responsible Bidder" means the lowest Bidder who is not on the list created by the Construction
Contractors Board according to ORS 701,and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial,Materials,Equipment, facility and personnel resources and
expertise, or ability to obtain the resources and expertise,necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance.
• A satisfactory record of integrity.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available
information, or may find the prospective Bidder not to be responsible.
• Not been disqualified by the public contracting agency under ORS 279C.440.
I£the Bidder is found not to have a satisfactory record of performance or integrity,the City will document the
record and the reasons for the unsatisfactory finding. The City shall provide notice of intent to award to each
bidder submitting a bid. The notice shall state the date,time,and location of the bid award decision. The
notice shall include the name of the vendor that staff recommends the contract be awarded to. Any bid
comparison sheets shall be included in the notice of intent to award.
Page 14
The Award will not be final until the later of the following:
• The City has provided a written response to each timely protest, denying the protest and affirming
the Award, or
• The Contract is awarded by the awarding authority
If the City accepts a Bid and awards a Contract,the City will send the successful Bidder written notice of
acceptance and Award. Notice of Award and Contract booklets ready for execution will be sent within 60
Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special
Provisions or a written mutual agreement.
00130.15 Right to Protest Award-In accordance with Tigard Public Contract Rule 30.135 any actual bidder
who is adversely affected or aggrieved by the City's intent to award the contract resulting from this Invitation to
Bid to another bidder shall have seven (7) calendar days after notice of intent to award to submit to the City a
written protest of the notice of award.
In order to be adversely affected or aggrieved,a bidder must claim to be eligible for award of the contract as the
lowest responsible bidder and must be next in line for award;i.e. the protester must claim that all lower bidders
are ineligible for award because they are non-responsive or non-responsible. The City will not entertain any
protest submitted after the time period established under this Invitation to Bid document. The City shall issue a
written decision denying or affirming the protest to every bidder providing an address to the City before any
action is taken on the contract.
00130.20 Cancellation of Award-Without liability to the City, the City may for good cause cancel Award at
any time before the Contract is executed by all parties to the Contract,as provided by ORS 279C395 for
rejection of Bids,upon finding it is in the public interest to do so.
00130.30 Contract Booklet-Includes the documents listed under Section 4,"Contract Documents,"of the
Public Improvement Contract(Attachment F).
00130.40 Contract Bonds,Certificates, and Registrations -Before the City will execute the Contract,the
successful Bidder shall furnish the following bonds,certificates,and registrations:
(a) Performance and Payment Bonds -When Awarded the Contract, the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State
of Oregon as required by Tigard Public Contracting Rule 30.190(A).
The successful Bidder shall submit the standard bond forms,which are bound in the Contract
booklet. Faxed or photocopied bond forms will not be accepted. The amount of each bond shall
be equal to the Contract Amount. The Performance Bond and the Payment Bond must be signed
by the Surety's authorized Attorney-in-Fact, and the Surety's seal must be affixed to each bond. A
power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,
which must include bond numbers, and the Surety's original seal must be affixed to the power of
attorney. Bonds shall not be canceled without the City's consent, nor will the City normally release
them,prior to Contract completion.
When a coating system warranty is required by 00594.75, the Contractor shall furnish a supplemental
warranty performance bond,in addition to the regular Performance Bond for the Contract to the
City, executed by a surety authorized to do business in the State of Oregon. The supplemental
warranty performance bond shall be in the sum of 80% of the full Contract Amount. The bond is
to secure the performance by the Contractor of correction work on any coating system defects that
the Contractor may be directed by the City to perform. The Contractor shall use the City-provided
form for the bond except that if the surety is a multiple surety, a copy of the form for a bond with
Page 15
multiple sureties shall be obtained from the City. The supplemental warranty performance bond
shall be signed by the Surety's authorized Attorney-in-Fact,and the Surety's seal shall be affixed to
the bond. A power of attorney for the Attorney-in-Fact shall be attached to the bond in the
Contract booklet,which shall include bond numbers, and the Surety's original seal shall be affixed to
the power of attorney. A copy of the supplemental warranty performance bond is included near the
front of the Special Provisions.
Upon Third Notification, the supplemental warranty performance bond shall become effective and
shall continue in full force and effect until the City has advised the Contractor that:
• There are no coating system defects; or
• If the Contractor has been notified that there are coating system defects, the defects have
been repaired by the Contractor to the satisfaction of the City as specified under the coating
system warranty and the full warranty period has expired.
Supplemental warranty performance bonds cannot be canceled nor can they be released due to
possible claims.
(b) Certificates of Insurance -The successful Bidder shall furnish the City certificates of insurance
applicable to the Project, according to 00170.70. The insurance coverages shall remain in force
throughout the performance of the Contract and shall not be allowed to lapse without prior written
approval of the City. Bidders may refer to 00170.70 for minimum coverage limits and other
requirements. For specified Contracts,certified copies,and in some instances the original, of
insurance policies may be required by the Special Provisions.
(c) Workers' Compensation - To certify compliance with the workers' compensation insurance
coverage required by 00170.61(a) and 00170.70(d), the successful Bidder shall complete and sign the
"Certification of Workers' Compensation Coverage" form bound in the Contract booklet.
(d) Registration Requirements:
(1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon Construction
Contractors Board or licensed by the State Landscape Contractors Board prior to submission of
a Bid on a Project not involving federal funds. Registration with the Construction Contractors
Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on
Federal-Aid Projects;however, the Agency will not execute a Contract until the Contractor is so
registered or licensed.
(2) Bidders must be registered with the Corporation Division, Oregon Secretary of State,if bidding
as a corporation,limited liability company, joint venture, or limited liability partnership, or if
operating under an assumed business name and the legal name of each person carrying on the
business is not included in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the
landscape contracting is subcontracted to a licensed landscaping business as defined in ORS
671.520.
(4) A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor, or
subcontracts with another licensed landscaping business,licensed for that phase.
Page 16
(e) Business Tax and Federal Id No. Required-The City of Tigard Business Tax is required from the
successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the
City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the
obtaining of the City of Tigard Business Tax. Upon award of proposal, contractor shall complete a
Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder-The successful Bidder shall deliver the required number of Contract booklets with
the properly executed Contract, Performance Bond, Payment Bond, certification of workers'
compensation coverage, and the required certificates of insurance, to the Procurement Office within
15 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to
the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the
City and named in this Subsection,with original signatures. Certificates of insurance shall also be
originals. Certificates of insurance for coverages that are permitted by the City under 00170.70(a) to
be obtained by appropriate subcontractors shall be delivered by the Contractor to the City together
with the Contractor's request under 00180.21 for approval of the subcontract with that
subcontractor. No copies of these documents will be accepted by the City.
Proper execution requires that:
(1) If the Contractor is a partnership,limited liability partnership, joint venture,or limited liability
company, an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond, and Payment Bond, and an authorization to sign shall be attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation shall sign
the Contract,Performance Bond, and Payment Bond. However,if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those
documents a certified, true and correct copy of the corporate bylaws or minutes stating that
authority. If only one officer is signing, then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the tide(s) or
corporate office(s) held by the signer(s).
(b) By the City-Within seven Calendar Days after the City has received and verified the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the City
Council (if required), the City will execute the Contract. The City will then send a fully-executed
original Contract booklet to the successful Bidder;who then officially becomes the Contractor.
(c) Contract_After the award,the Contractor and the City will enter into a public improvement contract
incorporating the terms and conditions of the Public Improvement Contract and the bid response.
Vendors taking exception to any of the contract terms shall submit a protest or request for change in
accordance with Section 00120.15(b) "Protest of Specifications or Terms"or their exceptions will be
deemed waived.
00130.60 Failure to Execute Contract and Bonds -Failure of the successful Bidder to execute the
Contract and provide the required certificates,certifications,and bonds may be cause for cancellation of the
Award,and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to
the next lowest responsible Bidder,the Project may be re-advertised, or the Work may be performed otherwise
as the City decides.
The forfeited Bid guaranty will become the City's property,not as a penalty but as liquidation of damages
resulting from the Bidder's failure to execute the Contract and provide the certificates,certifications,and bonds
as required by these Specifications.
Page 17
00130.70 Release of Bid Guaranties -Bid guaranties will be released and checks returned seven Calendar
Days after Bids are opened,except for those of the three apparent lowest Bidders on each Project. The
guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders
within seven days of the Agency's execution of the Contract.
00130.80 Project Site Restriction-Until the City sends the Contractor written Notice to Proceed with the
Work,and the Contractor has filed the public works bonds required in 00170.20, the Contractor shall not go
onto the Project Site on which the Work is to be done,nor move Materials,Equipment,or workers onto that
Project Site.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work is
delayed by failure of the City to send the Contract for execution. However,if more than 30 Calendar Days
elapse between the date the Bid is opened and the date the City sends the Contract to be executed, the City will
consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract
completion resulting directly from delay in commencement.
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the Contract
is executed by the City. Should the City fail to issue the Notice to Proceed within five Calendar Days of
Contract execution,the Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
Page 18
ATTACHMENT A
PROPOSAL
103rd Avenue and McDonald Street Storm Drain Improvements
CITY OF TIGARD
This Bid must be signed in ink by an authorized representative of the Bidder; any alterations or erasures to
the Bid must be initialed in ink by the undersigned authorized representative.
Project: 103rd Avenue and McDonald Street Storm Drain Improvements
Bid Due Date: March 13, 2012
Name of Submitting Firm:
The Undersigned (check one of the folloaaiing and provide additional information):
An individual doing business under an assumed name registered under the laws of the State of
or
A partnership registered under the laws of the State of ; or
A corporation organized under the laws of the State of ; or
A limited liability corporation organized under the laws of the State of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above
project in strict accordance with the Contract Documents for the Basic Bid as follows:
and /100 Dollars ($ )
and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined
in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the
Contract Documents, and forms. Submission of this bid shall be conclusive evidence that the Undersigned
has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope
of work to be performed, the quantities of materials to be furnished, and as to the requirement of the
Contract Documents.
Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the
Basic Bid.
Page 19
BID SCHEDULE
103RD AVE &McDONALD ST
Storm Drain Improvemens
Item
No Description Quantity Unit Unit Price Item Total
1 Mobilization 1 Lump Sum $ $
2 Traffic Control 1 Lump Sum
3 Erosion Control 1 Lump Sum $
4 landscape Restoration I Lump Sum
D Abandon 8" PVC Storm Drain Pipe In-Place 1 Lump Sum $ $
6 Abandon 12" CMP Storm Drain Pipe In-Place 1 Lump Sum S $
7 Move Exist Chain Link Fence 1 Lump Sum S
8 Remove Exist Asphalt Curb 197 LF
9 10" PVC Pipe 41 LF
10 15" PVC Pipe 3.56 11F
11 18" PVC Pipe 221 LF $
12 18" C900 Pipe 152 LF
13 Boring&jacking- 18"M'C 12 LF S
14 Remove Exist 6" SD Pipe 6 LF
15 Remove Exist 12" CMP SD Pipe (1.03rd Ave Only) 280 LF $ S
16 Construct PC Concrete Drainage Curb 223 LF $ $
17 Standard Storm Drain Manhole 3 EA $ $
18 Inside Drop Manhole'%"/Bowl 1 EA $
19 G-2 Catch Basin 6 EA $
20 CG-2 Gutter&Curb Inlet Catch Basin 1 EA $
21 Connect Exist Pipe to New G-2 Catch Basin 1 EA $ $
22 Connect Exist Roof Drains to New Pipe 3 EA $ $
23 Relocate Existing Mail Box 2 EA $ S
24 Slope Grading- Haul Off 13 CY $
,)s Trench Paving 480 SY $
. ....... ..
Project Total $
Dollars
BID TOTAL IN WORDS
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard, within ten
(10) days after receiving the Contract forms, a satisfactory Performance Bond and a satisfactory Payment
Bond each in an amount equal to one hundred percent (100%) of the Contract sum, using the forms
provided by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be
The Undersigned hereby authorizes said
surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to
supply a Performance Bond and Payment Bond each in the amount of the Contract.
The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City;
that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of
the Undersigned to execute and deliver the above-named Agreement Form, Performance Bond, and
Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing
the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the
Bid Security may become the property of the City at the City's option; but if the Bid is not accepted within
sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely
delivers said Agreement Form, Performance Bond,and Payment Bond, the Bid Security shall be returned.
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted
without collusion with and without any agreement, understanding, or planned common course of action
with any other vendor of materials, supplies, equipment, or services described in the solicitation documents
designed to limit independent bidding or competition; and (2) The contents of the Bid have not been
communicated by the Undersigned or its employees or agents to any person not an employee or agent of
the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such
person prior to the official opening of the Bid.
The Undersigned ❑ HAS ❑ HAS NOT (check applicable status) paid unemployment or income taxes in
Oregon within the past 12 months and ❑ HAS ❑ HAS NOT (check applicable status) a business address in
Oregon.
The Undersigned ❑ HAS ❑ HAS NOT (check applicable status) complied with any Affirmative Action
Requirements included within the procurement documents.
The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through
279C.870 pertaining to the payment of the prevailing rates of wage.
The Undersigned's CCB registration number is with an expiration date of
. As a condition to submitting a bid, a Contractor must be registered with the Oregon
Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration
number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected
unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to
the City prior to the beginning of any of the work that the Undersigned has filed a public works bond with
a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under
Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors who will perform construction work as
described in ORS 701.005(2) were registered with the Construction Contractors Board in
Page 21
accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under the
contract.
The successful Bidder hereby certifies that, in accordance with the Worker's Compensation Law of the State
of Oregon, its Worker's Compensation Insurance provider is , Policy
No. , and that Undersigned shall submit Certificates of Insurance as required.
Name of Company:
Company Address:
Federal Tax ID:
Telephone:
Fax:
(SEAL)
I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that
the firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I
understand that I will be required to provide necessary information to verify that the firm meets these
qualifications if selected for the subsequent Agreement.
Authorized Signature:
Printed Name &Title:
Date:
Payment information will be reported to the IRS under the name and federal taxpayer ID number provided
above. Information not matching IRS records or not provided to the City could subject the successful
Contractor to a twenty eight percent (28%) backup withholding.
ATTACHMENT B
ACKNOWLEDGMENT OF ADDENDA
103rd Avenue and McDonald Street Storm Drain Improvements
CITY OF TIGARD,OREGON
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
ZL none received, wite `None Received"
1. 3.
2. 4.
Date
Signature of Proposer
Title
Corporate Name
Page 23
ATTACHMENT C
BID CERTIFICATIONS
103rd Avenue and McDonald Street Storm Drain Improvements
CITY OF TIGARD,OREGON
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or for
services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited
to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising;
layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of
services. It is further understood that any contractor who is in violation of this clause shall be barred from
receiving awards of any purchase order or contract from the City,unless a satisfactory showing is made that
discriminatory practices have terminated and that a recurrence of such acts is unlikely.
Agreed by:
Firm Name:
Address:
Officer's signature:
Type or print officer's name:
Page 24
ATTACHMENT D
FIRST TIER SUBCONTRACTOR DISCLOSURE FORM
CITY OF TIGARD,OREGON
PROJECT NAME: 103rd Avenue and McDonald Street Storm Drain Improvements
BID #: CIP 2012-94024 BID CLOSING: Date: March 13, 2012 Time: 2:00 PM
This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing
date and within two working hours after the advertised bid closing time.
List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and
materials and that is required to be disclosed, the category of work that the subcontractor will be
performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that
need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED).
NAME DOLLAR VALUE CATEGORY OF WORK
1) $
2) $
3) $
4) $
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive
bid will not be considered for award.
Form submitted by (bidder name):
Contact name: Phone #:
Page 25
ATTACHMENT E
BID BOND
103rd Avenue and McDonald Street Storm Drain Improvements
CITY OF TIGARD,OREGON
We, , as "Principal,"
(Name of Principal)
and , an Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind
ourselves, our respective heirs, executors, administrators, successors, and assigns to pay unto the City of
Tigard ("Obligee") the sum of and
/100 Dollars ($ ).
WHEREAS, the condition of the obligation of this bond is the Principal has submitted a bid or proposal
to the Obligee in response to Obligee's solicitation for the project identified as 103rd Avenue and
McDonald Street Storm Drain Improvements,which bid or proposal is made a part of this bond
by reference, and Principal is required to furnish bid security in an amount equal to ten percent (10%) of the
total amount of the bid pursuant to the solicitation document.
NOW, THEREFORE, if the bid or proposal submitted by Principal is accepted, and if a contract
pursuant to the proposal or bid is awarded to Principal, and if Principal enters into and executes such
contract within the time specified in the said documents and delivers to Obligee its good and sufficient
Performance Bond and Payment bond required by Obligee within the time fixed by Obligee, then this
obligation shall be void; otherwise,it shall remain in full force and effect.
IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly
authorized legal representatives this day of ,
PRINCIPAL: SURETY:
By: BY ATTORNEY-IN-FACT
Signature
Printed Name&Tide Printed Name
Attest:
Signature
Address
City State Zip
Page 26
ATTACHMENT F
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT
103RDAVENUE AND MCDONALD STREET STORM DRAIN EMERGENCY IMPROVEMENTS
THIS CONTRACT, made and entered into this 8t' day of June, 2012, 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 this Agreement;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby
agree as follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of the following:
A. Excavation and construction of storm drainage pipes,manholes, and catch basins,
B. Restoration or relocation of landscaping, fences, and mailboxes,
C. Paving of trench areas,
D. Temporary signage,protection,and traffic control,and
E. Performance of additional and incidental work as called for by the specifications and
plans.
1. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set
forth. The Contractor agrees that the workmen in each trade or occupation required for the
work to be done pursuant to the contract, employed in the performance of the Contract, either
by the Contractor or Subcontractor or other person doing or contracting to do any part of the
work contemplated by the Contractor shall be paid not less than the prevailing, minimum
hourly rate of wage specified by the Commissioner of the Bureau of Labor, and attached
hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon
Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the
higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,
the City may pay for those labor and services and xithhold these amounts from payment s that
are due the Contractor in accordance with ORS 2790,515
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
11Pagc
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.
Original Project Solicitation Documents
Advertisement for Bids
Bidding Requirements and Procedures
Award and Execution of Contract
Proposal
Acknowledgement of Addenda
Bid Certifications—Non-Discrimination Clause
First Tier Subcontract Disclosure Form
Bid Bond Form
Public Improvement Contract (As modified for the emergency work)
Performance Bond
Payment Bond
Supplementary General Conditions (As modified for the emergency work)
Special Provisions (As modified for the emergency work)
Drawings (As modified for the emergency work)
Standard Documents
General Conditions (Oregon Standard Specification for Construction, 2008, Volume 1 as
amended by the Special Provisions)
Standard Specifications (Oregon Standard Specification for Construction, 2008, Volume 2 as
amended by Technical Specifications)
City of Tigard Public Improvement Design Standards
2 1 P
5. City's Representative
For purposes hereof, the City's authorized representative will be Mike N cCarthy, P.E., Senior
Project Engineer,who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon 97223;
by telephone: (503) 718-2462,or via email at mikem e,tiga� rd-or.gov.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Grady Johnson who can
be reached by mail at 10333 Wiseacre Lane NE,Aurora Oregon 97002,by phone at (503) 310-
5442, or by email at aady@g1excavating.co
g1ex��avating.com.
7. Contractor Identification
Contractor shall furnish to the City the Contractors employer identification number, as
designated by the Internal Revenue Service, or Contractor's social security number, as City
deems applicable.
8. Compensation
A. Time and Material Progress Payments: City agrees to pay Contractor on a time
and material basis for performance of the work described hereunder. The City
anticipates the total amount paid to the Contractor shall not exceed Fifty Thousand
and No/100 Dollars ($50,000.00). Payment shall be based upon the following
applicable terms:
1) The City will pay only time and materials performed according to the terms of the
Agreement.
2) 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
their hourly rates.
3) 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.
4) 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.
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5) 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.
6) As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall
withhold 25% of any progress payment amounts owed to Contractor if Contractor
has failed to file certified statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized
by ORS 279C.555, shall be made to the Contractor within twenty (20) days of the
City's receipt of the statement of services. The Contractor agrees that the "Time of
Completion" is defined in the Bid Proposal, and agrees to complete the work by said
date. The Contractor and City agree that the City will suffer damages each day the
work remains uncompleted after the Time of Completion and that the amounts 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:
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A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is
and shall be deemed to be an independent Contractor as defined by ORS 670.600 and
not an employee of City, shall not be entitled to benefits of any kind to which an
employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that Contractor is found by a court of law
or any administrative agency to be an employee of City, for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid to
Contractor under the terms of this Agreement, to the full extent of any benefits or
other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Contractor or to a third party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest,has or will receive
any remuneration of any description from Contractor, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
C. If this payment is to be charged against Federal funds, Contractor certifies that he or
she is not currently employed by the Federal Government and the amount charged
does not exceed his or her normal charge for the type of service provided.
D. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain one prior
to delivering services under this Agreement.
F. Contractor is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
10. Subcontracts -Assignment&Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall
be fully responsible for the acts or omissions of any Subcontractors and of all persons
employed by them, and neither the approval by City of any Subcontractor not anything
contained herein shall be deemed to create any contractual relation between the Subcontractor
and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of
and be binding upon the City and the Contractor respectively and their legal representatives.
Contractor shall not assign any rights not 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.
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11. Contractor- Payment of Benefits - Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor
labor or material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund
form the Contractor or subcontractor incurred in the performance of this
Agreement;
3) Pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of
Tigard, on account of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the
Subcontractor's Surety shall file certified statements with the City in writing in form
prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the
hourly rate of wage paid each worker which the Contractor or the Subcontractor has
employed upon such public work, and further certifying that no worker employed
upon such public work has been paid less than the applicable prevailing rate of wage,
which certificate and statement shall be verified by the oath of the Contractor or the
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor
or Subcontractor has read such statement and certificate and knows the contents
thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll
records for the prior week,including the same and address of each worker, the
worker's correct classification, rate of pay, daily and weekly number of hours
worked,deductions made and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the
Contractor or Subcontractor to the City. A true copy of the certified
statements shall also be filed at the same time with the Commissioner of the
Bureau of Labor and Industries. Certified statements shall be submitted as
follows:
a) Each Contractor or Subcontractor shall preserve certified statements
for a period of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt
payment of any claim for labor or services fiunished to the Contractor or a
Subcontractor by any person in connection with this contract as such claim becomes
due, the proper office of the City of Tigard may pay such claim to the person
furnishing the labor or services and charge the amount of the payment against funds
due or to become due to the Contractor by reason of such contract. Payment of a
claim in this manner shall not relieve the Contractor or the Contractors Surety from
obligation with respect to any unpaid claims.
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A 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 2790.580, unless payment is subject to a good-faith
dispute. The interest rate shall be as specified in ORS 279C.515(2). If the Contractor
or any subcontractor fails, neglects, or refuses to pay a person furnishing labor or
material, the person may file a complaint with the Construction Contractors Board,
unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement
that the contractor pay the subcontractor for satisfactory performance within 10 days
of receipt of payment from the City for the work. Contractor shall include in contracts
with subcontractors an interest provision for such payments in compliance with ORS
279C.580. Contractor shall include a clause in each contract with a subcontractor
requiring the subcontractor to meet the same payment and interest standards as
required by ORS 279C.580 (4).
12. Drug 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
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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. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed
upon term by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any
reason considered to be in the public interest other than by a labor dispute or
by reason of any third party judicial proceeding relating to the work other than
a suit or action filed in regard to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a
reasonable time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to
and include the day of termination and shall be in full satisfaction of all claims by
Contractor against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right,
obligation, or liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Contractor, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services. This Agreement may be modified to accommodate a reduction in
funds,
2) If Federal or State regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement,
3) If any license or certificate required by law or regulation to be held by
Contractor, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not renewed,
or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Contractor, if a receiver or trustee is
8I 11 ,i ' e
appointed for Contractor, or if there is an assignment for the benefit of
creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the
time specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from City, fails to
correct such failures within ten (10) days or such other period as City may
authorize.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Contractor shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Contractor bear to the total services otherwise
required to be performed for such total fee;provided,that there shall be deducted from
such amount the amount of damages,if any, sustained by City due to breach of contract
by Contractor. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts,
and transcripts.
17. Work is Property of Citi
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its
employees,including but not limited to laws,rules,regulations,and policies concerning
workers' compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive
Order 11246 as amended, Executive Order 11141, Section 503 of the Vocational
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Rehabilitation Act of 1973 as amended and the Age Discrimination Act of 1975, and
all rules and regulations issued pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local
statutes, ordinances and regulations dealing with the prevention of environmental
pollution and the preservation of natural resources that affect the work under this
contract are by reference incorporated herein to the same force and affect as if set
forth herein in full. If the Contractor must undertake additional work due to the
enactment of new or the amendment of existing statutes, ordinances or regulations
occurring after the submission of the successful bid, the City shall issue a Change
Order setting forth the additional work that must be undertaken. The Change Order
shall not invalidate the Contract and there shall be, in addition to a reasonable
extension, if necessary, of the contract time, a reasonable adjustment in the contract
price, if necessary, to compensate the Contractor for all costs and expenses incurred,
including overhead and profits,as a result of the delay or additional work.
Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of
which the City has knowledge that have enacted Environmental Laws which may affect
the performance of the work:
FEDERAL AGENCIES
Agriculture
• Department of Forest Service
• Soil Conservation Service
Defense
• Department of Army Corps of Engineers
Y Energy
• Department of Federal Energy Regulatory Commission
r' Environmental Protection Agency
>' Department of Health and Human Services
i' 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
y' Transportation,Department of
10 I' :, , L
• 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
i> 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
11 !"i ,e
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 not Contractor shall be considered in default because of any delays in completion
of responsibilities hereunder due to causes beyond the control and without fault or negligence
on the part of the party so disenabled, including, but not restricted to, an act of God or of a
public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide
strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to
such cause;provided that the party so disenabled shall within ten (10) days from the beginning
of such delay, notify the other party in writing of the causes of delay and its probable extent.
Such notification shall not be the basis for a claim for additional compensation. Each party
shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or
default and shall, upon cessation of the cause, diligently pursue performance of its obligation
under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the
terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any
future occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this contract.
23. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract, the parties agree
that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees
and court costs including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. .Any action or suits involving any questions arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the proposal of the Contractor, this
instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
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26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and
local laws, it being understood that acceptance of a contractor's work by City shall not operate
as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and
hold them harmless from any and all liability, causes of action, claims, losses, damages,
judgments or other costs or expenses including attorney's fees and witness costs and (at both
trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by
any person or entity which in any way arise from, during or in connection with the
performance of the work described in this contract, except liability arising out of the
negligence of the City and its employees. If any aspect of this indemnity shall be found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's
expense, and keep in effect during the term of this contract, Comprehensive General
Liability Insurance covering Bodily Injury and Property Damage on an "occurrence"
form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will
be carried:
Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's
expense, and keep in effect during the term of the contract, "Symbol 1" Commercial
Automobile Liability coverage including coverage for all owned,hired, and non-owned
vehicles.The Combined Single Limit per occurrence shall not be less than$2,000,000.
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C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject
employers under the Oregon Workers' Compensation Law and shall comply with ORS
656.017,which requires them to provide workers' compensation coverage that satisfies
Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single
location within Oregon for more than 30 days in a calendar year. Contractors who
perform work without the assistance or labor of any employee need not to obtain such
coverage." This shall include Employer's Liability Insurance with coverage limits of
not less than$100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All
Liability Insurance policies will be endorsed to show this additional coverage.
E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten
by an insurance company deemed acceptable by the City. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Certificates of Insurance: As evidence of the insurance coverage required by the
contract, the contractor shall furnish a Certificate of Insurance to the City. No
contract shall be effected until the required certificates have been received and
approved by the City. The certificate will specify and document all provisions within
this contract. A renewal certificate will be sent to the above address 10 days prior to
coverage expiration.
G. Independent Contractor Status: The service or services to be rendered under this
contract are those of an independent contractor. Contractor is not an officer,
employee or agent of the City as those terms are used in ORS 30.265.
H. Primary Coverage Clarification: All parties to this contract hereby agree that the
contractors coverage will be primary in the event of a loss.
1. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be
included in all general liability,professional liability,pollution and errors and omissions
policies required by this contract.
A copy of each insurance policy, certified as a true copy by an authorized representative of the
issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form
satisfactory to City certifying to the issuance of such insurance shall be forwarded to:
City of Tigard
Attn: Contracting Office
13125 SW Hall Blvd
Tigard, Oregon 97223
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Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed
above in event of cancellation or non-renewal of the insurance. The procuring of such required
insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said
insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected with this contract.
28. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery
or by mail. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD GT EXCAVATING
Attn: Mike McCarthy,P.E.,Sr Proj Engineer Attn: Grady Johnson
Address: 13125 SW Hall Blvd Address: 10333 Wiseacre Lane
Tigard, Oregon 97223 Aurora, Oregon 97002
Phone: (503) 718-2462 Phone: (503) 310-5442
Fax: (503) 624-0752 Fax: (503) 678-7832
Email: mikemQtiard-or.gov Email: grady(kgtexcavating.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.
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31. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the remainder of this Agreement shall remain in full
force and effect and shall in no way be affected or invalidated thereby.
32. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and
demolition debris if feasible and cost-effective.
33. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties.
No waiver, consent,modification, or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Contractor,by the signature of its authorized representative,hereby
acknowledges that he has read this Agreement, understands it and agrees to be bound by its
terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD GT EXCAVATING
Signature n Signature Lj
Printed Name&Title Printed Name&Title
� 20r?r 61111,20/ Z
Date Date
16
ATTACHMENT G
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PERFORMANCE BOND
Bond Number: 71286206
Project Name: 103`d Avenue and McDonald St Storm Drain Emergency Improvements_
Western Surety Company (Surety#1) Bond Amount No. 1: $50,000.00
(Surety#2)* Bond Amount No. 2:* $
*If using multole sureties Total Penal Sure of Bond: $1500.00
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 ($50,000.00)_Fifty Thousand Dollars & no/100
(Provided, that we the Sureties bind ourselves in such sum `jointly and severally" as well as "severally"
only for the purpose of allowing a joint action or actions against any or all of us, and for all other
purposed each Surety binds itself, jointly and severally with the Principal, for the payment of such sum
only as is set forth opposite the name of such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications,
terms, and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications, special provisions, schedule of performance, and schedule of contract prices, are made a
part of this Performance Bond by reference,whether or not attached to the contract (all hereafter called
"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms,
conditions, requirements, plans, and specifications, and all authorized modifications of the Contract
which increase the amount of the work, the amount of the Contract, or constitute an authorized
extension of the time for performance, notice of any such modifications hereby being waived by the
Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the principal herein
shall faithfully and truly observe and comply with the terms of the contract and performs the
contract within the time prescribed by the contract, then this obligation is null and void; otherwise it
shall remain in full force and effect. If the contractor is declared by City to be in default under the
contract, the surety shall promptly remedy the default, perform all of contractor's obligations under
the contract in accordance with its terms and conditions and pay to City all damages that are due
under the contract. This obligation jointly and severally binds the contractor and surety and their
respected heirs, executors, administrators, and successors. Nonpayment of the bond premium shall
not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums.
This bond is executed for the purpose of complying with ORS 279C and the Tigard Public
Contracting Rules, the provisions of which are incorporated herein and made a part hereof.
Said surety for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it does
Page 17
hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the
contract or to the work or to the specifications.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this_11th day of june _2012_.
PRINCIPAL: GT\ Excavating,LLC.
✓�^ �l� L—
/ Signature
Printed Name&Title
Attest:
SURETY:Western Surety Company
(Add.rignatAws far each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surety bona
Lisa Steele
arae
'A�-YA
Signature
8931 SE Foster Rd Ste 200
Address
Portland, OR 97266
City State Zip
(503)205-8120 (503)205-8180
Phone Fax
Page 18
ATTACHMENT H
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
Bond Number: 71286206
Project Name: 103rd Avenue and McDonald St Storm Drain Emergency Improvements-
Western
mprovements_Western Surety Company (Surety#1) Bond Amount No. 1: $50,000.00
(Surety#2)* Bond Amount No. 2:* $
*If using multiple sureties Total Penal Sum of Bond: $1,500.00
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 finely by these presents to pay unto the City of Tigard, a municipality of the State of Oregon,
the sum of ($50,000.00)_Fifty Thousand Dollars & no/100
(Provided, that we the Sureties bind ourselves in such sutra "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 fo 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
Page 19
and its subcontractors pursuant to ORS 316.167, and shall permit no lien not 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_11 th day of june —3-2012—.
PRINCIPAL: GT Excavating,LLC.
By:
Signature
Printed Name&Title
Attest:
SURETY:Western Surety Company
(Add signatures for each surety if using multple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surrty bona
Lisa Steele
Name
'Aa
Signature
8931 SE Foster Rd Ste 210
Address
Portland, OR 97266
City State Zip
(503)205-8120 (503)205-8180
Phone Fax
Page 20
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Susan Frainey, Donna Christensen, Lisa Steele, Janelle Markovich, Kari Motley, Sara Sellin,
Stefanie Blaesing,Individually
of Portland,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of June,2011.
�.., WESTERN SURETY COMPANY
`..
........Y�o:.
EWvG �D
s=i
a+`
%,":R
%•,�ijH ppKO
a xx...... Paul .Bruflat,Senior Vice President
State of South Dakota l
JT
County of Minnehaha ss
On this 23rd day of June,2011,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My Commission expires +
s D. KRELL s
November 30,2012 S seal NOTARY PUBLIC(9%6,-L
S
s
SASOUTH DAKOTAS
+�,h�,55y�,555h�,5h5y�,y�,55yy 4
D.Krell,No ry Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation p nted on the reverse hereof is still in force. hi testimony
+whereof I have hereunto subscribed
1 VIX
my name and affixed the seal of the said corporation this day of i
WESTERN SURETY COMPANY
=,.Ni=oOP gli^Ev
sz:
P,
L.Nelson,Assistant Secretary
Form F4280-09-06
ATTACHMENT I
SUPPLEMENTARY GENERAL CONDITIONS
CITY OF TIGARD
103rd AVENDUE AND MCDONALD SREET STORM DRAIN IMPROVEMENTS
The following provisions supplement and amend the General Conditions (defined in the Agreement).
Section 00120,Bidding Requirements and Procedures --
Note that this section has been modified earlier in these bid documents
Section 00130,Award and Execution of Contract—
Note that this section has been modified earlier in these bid documents
Section 00150.10(a) Order of Precedence Delete-- Delete the entire subsection and replace it with the
words "(a) subsection not used."
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."
Page 45
Section 195.10 Payment for Changes in Materials Costs,Delete entire section.
Section 195.12 Steel Material Price Escalation/De-Escalation Clause --Delete entire section.
Section 195.50(a)(2)Value of Materials on Hand -- Delete paragraph.
Section 195.50(b) Retainage: Change the first paragraph to read. "The amount to be retained from progress
payments will be 5% of the value of Work accomplished,and will be retained in one of the forms specified in
Subsection (c) below.
Section 195.60 Advance Allowance for Materials on Hand: Delete entire section.
Section 195.80 Allowance for Materials Left on Hand: Delete entire section.
Section 199.40 Claims Decision Review,Delete entire section.
Page 46
ATTACHMENT J
SPECIAL PROVISIONS
103rd Avenue and McDonald Street Storm Drain Improvements
CITY OF TIGARD,OREGON
The Special Provisions contained herein have been prepared by or under the direction of the following
Registered Engineer.
Michael D.McCarthy,P.E. PROP,
�GINCtLt
c7 4► 'Q y
5s WE
OR GON
oauIn
WORK TO BE DONE
The Work to be done under this Contract consists of constructing storm drainage improvements sho,,%,n
on plans entitled:
CITY OF TIGARD OREGON
103RD AVE & MCDONALD S'1' Storm Drain Improvements
APPLICABLE SPECIFICATIONS
The Specification that is applicable to the Fork on this Project is the 2008 edition of the "Oregon Standard
Specifications for Construction". All Mork shall be in accordance with these specifications except where
specifically modified in this document. For this project,when the specification says 'Agency'it may t-pically be
understood to mean `Cit}' in project-specific cases, but =3- refer to the Oregon Department of
Transportation, especially in cases of standards and testing.
All number references in these Special Provisions shall be tinderstood 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.
Page 47
Section 00120—Bidding Requirements and Procedures
Note that this section has been modified earlier in these bid documents
Section 00130—Award and Execution of Contract
Note that this section has been modified earlier in these bid documents
Section 00150 — Control of Work
00150.15 Construction Stakes, Lines, and Grades:
(c) Contractor Responsibilities
Add the following bulleted item to the end of this paragraph:
• The Contractor shall examine the stakes before commencing work. Where the
validity of a stake(s) is questioned,promptly notify the Engineer to check such
stake(s) before proceeding.
00150.40 Cooperation and Superintendence by the Contractor:
a) General-Add the following to the 1"bulleted item:
• Mark plans as the work progresses to show all revisions and the actual locations of
existing utilities. Contract Documents shall be available for inspection by the
Engineer. Upon completion of the contract and prior to final payment, the noted
revisions and mark ups shall be turned over to the Engineer.
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
Page 48
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 AAgenc Contact Phone
Water City of Tigard John Goodrich 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 503-718-2607
Power PGE 24-hour 503-464-7777
Damage&Repair 503-736-5662
Tiffany Ritchey 503-764-6935
Carl Krutka 503-849-6746
Cable Comcast Ivan Chandler 503-849-4738
Ken Parris 503-969-8662
Damage &Repair 503-617-1212
Telephone Frontier 24-hour 1-877-462-8188
Andrew Mulick 503-526-3544
Gas NW Natural Bob Keller 503-816-0299
Damage&Repair 503-226-4211
Some areas of excavation are close to existing gas lines. The contractor must notify the
appropriate representative of NW Natural at least 72 hours prior to any excavation that may
affect NW Natural facilities and comply with all conditions stipulated by NW Natural.
Section 00170—Legal Relations and Responsibilities
00170.80(a) - Responsibility for Damage in General—Add the following:
Page 49
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, 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
00180.41 Project Work Schedules -Add the following:
A Type A schedule as detailed in the specifications is required.
00180.50 Contract Time—Add the following:
Work to be done under this project must be substantially complete by the end of the day on
May 31", 2012. All punch list items and cleanup must be complete by June 15`h 2012.
00180.85 Failure to Complete On Time;Liquidated Damages
The liquidated damages for failure to complete the work on time required by 00180.50 (h) is
$500 per calendar day.
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 buildings shall be maintained or temporary
approaches shall be provided and kept in good condition. Accesses to private properties
must be kept open as much as possible (in the judgment of the engineer).
■ 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
Page 50
traffic at all times. On McDonald Street,permanent trench paving shall be constructed
within 80 hours of the time the trench is first opened.
■ Pedestrians and all others shall be protected from moving equipment, open trenches, falling
objects, and all other hazards associated with construction.
■ The Contractor shall notify residents and businesses 72 hours in advance that their access to
and from public streets will be affected by the work. The City will supply the notification
forms to be distributed.
■ 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.
■ Prior to implementing any lane closures, contractor must obtain city approval of a detailed
traffic control plan and have all elements of that plan (signs, flaggers, etc.) in place before
taking any actions that would affect traffic flour.
■ Do not place work zone signs or supports that will block existing walkways or bikeways.
■ 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.
o Emergency Services 911
o City of Tigard Police Department (Non-Emergency) 503-629-0111
o Tualatin Valley Fire&Rescue (Jerry Renfro) 503-612-7000
o United States Post Office (Non-Emergency Services) 503-968-0753
0 or 503-968-2991
o United States Post Office (Emergency Services) 866-261-6412
o Tigard-Tualatin School District Qean Devenport) 503-431-4046
o First Student Qoanne Kirkbride) 503-431-2345
o Tri-Met—Road Operations 503-962-8117
o Pride Disposal (Lottie Schmidt) 503-625-6177 Ext 129
00220.03 Work Zone Notification-Add the following:
Hang written notices on the doorknobs of all properties within 200 feet of the work zone three days before
starting the work. The City will supply the notification forms to be distributed. Preparing, furnishing and
Page 51
delivering notices shall be considered incidental to various items of work and no additional compensation
will be allowed.
00220.40(e) Lane Restrictions - Replace the paragraph that begins "Do not close any..."with the following
paragraph:
Lane closures (such as flagging two-way traffic through one available lane) on McDonald Street will not be
allowed before 8:40am or after 3:30pm Monday through Friday. Full street closures will not be permitted on
McDonald Street.
Prior to implementing any lane closures, contractor must obtain city approval of a detailed traffic control
plan and have all elements of that plan (signs, flaggers, etc.) in place before taking any actions that would
affect traffic flow.
Section 00290—Environmental Protection
00290.32 Noise Control-Add the following to the end of the first paragraph of this subsection:
Confine operation of equipment to 7:30 a.m. through 7:00 p.m. Monday through Friday. The engineer may
allow weekend work if he finds it in the public interest to do so.
Section 00405—Trench Excavation, Bedding, and Backfill
00405.41 Trench Excavation- Add the following:
(a) Within Paved Areas to Be Preserved—On McDonald Street, tunnel under the concrete stairs at
5+20 and the tree at 5+70 (if necessary). Preserve and protect any roots 2"in diameter or larger.
(b) Open Trench Limit—Replace paragraph with the following:
No trenches shall be left open overnight without protective measures. All trenches shall be backfilled or
covered with steel plates at the end of each working day. Top trenches within traffic lanes with cold or
hot mix at the end of each working day.
(g) Existing Abandoned Facilities -Add the following:
The existing storm drainage pipe on McDonald Street is to be removed as part of trench excavation, and
this removal is considered incidental to payment for new pipe. In areas where new pipe is installed by
boring or jacking, existing pipe may be filled with low-strength concrete and abandoned in place.
Section 00445—Sanitary, Storm, Culvert, Siphon, and Irrigation Pipe
00445.11(e) Tracer Wire -Replace paragraph with the following:
No tracer wire is required.
Page 52
00445.40 (f) Installation of.....Tees - Add the following:
Connect existing roof drains encountered to the new pipe using an Insert-A-Tee and pipe
and coupling to match the size of the existing, or 4",whichever is larger.
00445.74 Video Inspection of Sanitary and Storm Sewers —Add the following:
Video inspection reports shall use the City's reference and numbering system for all
structures,pipes, and other facilities. Obtain numbering from inspector prior to conducting
video inspections.
00445.80 Measurement -
(b) Tee and Wye fittings -Replace paragraph with the following:
Measurement for Insert-A-Tee,pipe and coupling shall be per each for"Connect Roof
Drains".
(j)Video Inspection-Replace paragraph with the following:
Video inspection (as required under section 00445.74) is considered incidental to the
installation of new pipe, and no separate payment will be made.
Section 00495—Trench Resurfacing
00495.40 General Construction—
(k) Landscaping—Add the following:
Trim the outer edge of"cuts" on a 2:1 slope to daylight. Cover the new slope on the back
of edge of trench with 3" of topsoil and grass seed (matching type of adjacent grass) if
adjacent to grass or 3" of bark chips if adjacent to bark,ivy, or other landscaping material.
01030.90 Payment—Replace this section with the following:
All landscaping work on this project is included in the lump-sum bid item for landscape
restoration.
02320 Geosynthetics—Replace this section with the latest ODOT revision.
Page 53
ATTACHMENT M
STANDARD DETAILS
CITY OF TIGARD
103`d AVENDUE AND MCDONALD SREET STORM DRAIN IMPROVEMENTS
The following detail drawings apply to this project and are hereby made a part of the contract documents.
All drawings incorporated into or referenced by the 103"D AVE & MCDONALD ST Storm
Drain Improvements dated February 24,2012
ATTACHMENT N
OREGON PREVAILING WAGE RATES
CITY OF TIGARD
103`d AVENDUE AND MCDONALD SREET STORM DRAIN IMPROVEMENTS
May be downloaded from httP://www.boh.state.or.us/BOLI/WHD/PWR/Pwr book.shtrnl.
This project will use the January 1,2012 Prevailing Wage Rates for Public Works Contracts in Oregon, plus any
amendments to those rates.
I W
9
Q
3 = 6+69.20A, 16.16R= N
1-- 1+17.20B
`d' SD MH No. 2
o O Construct inside
'— MCDONALD ST 11
drop c nnection
OHP OHP OHP H OHP OHP Hr OHP OHP OHP OHP H
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5 SS S� SS SS SS 3
50+ A � 2 A I +50� A w 3+DO43 1 no +50A —WV 4+OOA 4+50 5+�� 5+50A 6+OOA _ 6+ A _ 7+OOA 7+50A
w w w rsv w w w w w
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W '�—_w 18w G B 1G G G 10'�tS
W W " in, ~
8 U
I
10342 6+39.96A, 16.86R
4+36.10A, 13.02' Remove exist CB emove exrs ,
Exist SD M 4+76.00 and install type W CMP SD and replace
Connect new 18" pipe from Grade break G-2 CB No. 4 h with 14.45 LF of 12" ADS
the east o1E=268.13 I -I. Q at grade shown in profile.
C nnect exist 8" pipe Connect to new manhole
from the SE X No. 2 as shown
• M
O
O N NOTES:
280 o z Q N o N N N II 1. This revision changes the grades of
the proposed storm drain line. All
o °o m o W ao other work on McDonald St shall shall
to
U c� of II Z 2 be according to the original plans
^Z N II EG of of �N E 2 p co 1 0 ^ ^
s� McDono St .} I � W cp II W W
Q W ` co c� 2. Pothole all potential conflicts and as
"T o�- directed by the engineer and report
280 co O EM vE Ex1s Exist exact location and elevation at /east
►� v, ^ PIPE V U 24 hours before working in that area
W W W ac �c o6..W 14'"
c9
s$
a w' REMOVE EX S SO 8'SS 12"W 5�
b
5 6 W "-
e 270 ca 44.10 16 ' 29 25
s=0.01 0 p PROFFss
w " a Ss 18" PV 1 LF 1 e Grade i"o
79.63 18 40aS=0.00 3z4K
PVC p aN W�w�5635dPB �'�/may
28.3 0.0012 %N 1E=2 8.13 I° n r
C900 S=0.022
° Ory
II
N h 260 / (] i' ON90
oN '!/0iS.G�� 21+ 19
255
e 2+50A 3+OOA 3+50A 4+OOA 4+50A 5+004 5+50A 6+ODA 6+50A 7+OOA
�IRE4: 12/31/
° Revisions and Addendums ENGINEERING DVISION M C D O N A L D STREET SHEET
Description Date No. By PUBLIC WORKS DEPARTMENT 1
Revised storm drain layout & profile 07 12 SCALE: 1" = 20' , 13125 S.w. Nay 8LV0. 1
° ■ T,GARO, OREGON 97223 f7==
ements of
a
VOICE.- 503-639-4171 8
z? I20' 10' 0 20' M. 503-624-0752 x.x xa V COY41 ZM WWW TIGARD-OR.GOV FILE NO
DESIGN: RCW DRAWN: RCW CHECK: MDM PROD.NO: vison 0698
o I� N
3
3 3
a
x
® Install 15 LF 15" PVC
at grade shown on profile
0 Q Plug end of pipe
0
Z ± 3 103RD AVE
0 1c,
_
0 i w 12 w
Q o C '
S 1+508 _ 00 s�
,o
6+69.20A, 16.16R= °Q _ ® OHP
1+17.208
SD MH No. 2
Construct inside M
o drop connection 6+,39.96A,
+,39 96 , 16.8Remove exist 6R
N and install type
Q e G-2 CB No. 4
H
q
290
II 'co
� O
a
± cp Cr 4J kl
H280PAW PIPE
s�8 0
�U
fug end o Pipe
14 LF
270 1 PA
02 4 �p OFFss�
265
N h 1.1-008 1+50B 2+008 � � OREGON�
o n /his.G!r 21 ,90
€o gFLC
D.
N
ei uus: 12/31/
° Revisions and Addendums ENGINEERING DVISION M C D O N A L D STREET SHEET
Description Date No. By PUBLIC WORKS DEPARTMENT L2
Revised storm drain layout & profile 07/12 SCALE: 1'° = 20' 13125 S.W. HALL BLVD.
Storm Drain Improvements '
7IGARD, OREGON 97223 O F
-0s VOICE.• 503-639-4171
z2 �o- �o' o �o' FAX. 503-624-0752 STA 1+17.20B to 1+32.20B a
4 I WWW
FILE NO
DESIGN: RCW DRAWN: RCW CHECK: MDM PROJ.NO: Layout O. Profile Revison 0698
7. Pothole to verify
no confilicts with
8" water main
line
G G G G G G G G G G
2 GAS G G
S SS S SS SS SS SS S
4+OOA 4+50A 3 S+OOA 5t50A _ 624X/ 3 i _ aADS� 7,w w w ww w w w w w w 16'DJ w ww G G GCfy-G G G G G G 10»GASw w w w w w w w 'p/ w
rA 7P1 PVC
N
H
Pothole to determine _ P
depth of exist 1" gas line o
& verify no conflicts with X �t
osas °
8" water mainline a
� a
g o
� 4. Pothole to �
o 1. Pothole to 2. Pothole to determine depth X
determine depth of determine de th of exist 10" HP o�
exist 4" SS lateral of exist 4" S
gas line and verify +
and verify no lateral & vert y no no confilcts with
conflicts with 8" onflicts with 8" water main line X F
water main line water main li e
� 5. Pothole to
determine depth
S of exist 8" SS X
E mainline and Ni
e verify no �, o
POTHOLE DATA TABLE N
confilicts with 8" X U'
water main line
NOTE• DESCRIPTION SS LATERAL $ WATER OTHER
Document pothole data on MAIN LINE
the POTHOLE DATA TABLE Pothole #1 6. Pothole to X
N^
SCA E� 1 = 20 determine depth# of exist 4 � o
and return to the engineer Pothole 2 SS +
" +
€H Pothole #3 20. 0 20, lateral
Pothole #4
Pothole #5
Pothole #6
Pothole #7 PUBLIC WORKS DEPARTMENT
ENGINEERING DVISION
MCDONALD ST FIGURE
N/A
[so
n�O,SOREGON 8223 Storm Drain Improvements
VOICE: 503-639-4171 FILE NO
FWWW.TIGARD-OR.GOV2 Pothole Location Map
0698