J & S Concrete ~ CP11002 IN
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Phone: 503-639-4171
Fax: 503-684-2797
INFORMAL BID & CONTRACT BOOKLETS
for the construction of
BARROWS ROAD SIDEWALK
250 feet south of Barrows Road Bridge to Scholls Ferry Road
Project No.: CIP2009-00015
The City's estimate for this project is$60,000 and is being solicited informally. In the event all quotes
that are received by the City exceed$75,000, the project will be reopened for formal solicitation.
Approved by:Theodore S. Kyle,P.E., City Engineer
Informal Bid Proposals Due:April 29,2010-2:00 PM
Version: March 31, 2010
CITY OF TIGARD, OREGON
d � pa✓
INFORMAL / , CONTRACT
]BARROWS ROAD SIDEWALK
DATE DUE: Wednesday,May 12, 2010
TIME DUE: 2:00 PM
Envelopes must be sealed and marked with project title.
Bidders must submit the original Informal Bid.
The,City's.esdxmate fox this proyectis$70,000.atld.ts being sot6diec mfitormally. Irk the evetrt.aX1
gcxotes that axe recerved by dxe.City exceed$75,000,.the project tall be reopened fot formal
aoXiextatioxz...:.. . . '
SUBMITTAL ORINFORMAL BIDS.&.QUESTIONSAEGARDING THE INFORMAL P'ROCESS.SHALL
DIRECTED-TO' ::.`.:..: ..`:
Joe Barrett, Sr. Management Analyst
City of Tigard, Procurement Office
Phone: 503-718-2477
Fax: 503-684-2797
Email: dose h a ti rard- t.gov
Page 2
TABLE OF CONTENTS
TITLE PAGE
Title Page-_--_----------------- ____1
Table of Content 3
INSTRUCTIONS TO BIDDERS
Section 00120 Informal Bidding Requirements and Procedures_____ _ „_____-_4
-----------
..•..
Section 00130 Award and Execution of Contract--------------- _,,,,,,_,,,,_,__12
INFORMAL BID BOOKLET
Attachment A Proposal_.............. .........._---------...................,_......17
Attachment B Acknowledgement of Addenda_____________________ _____21
Attachment C Informal Bid Certifications _ 22
Attachment D First Tier Subcontractor Disclosure Form (not applicable to project)____23
Attachment E Informal Bid Bond Form_______________
CONTRACT BOOKLET
Attachment F Public Improvement Contract.............................................................. „25
Attachment G Performance Bond Form 38
Attachment H Payment Bond Form--------------------------------------------
40
Attachment I Supplementary General Conditions.........................................................42
Attachment J Special Provisions.......
------------•------------...........-------------------------------------.-.-.43
Attachment K Standard Details50
Oregon BOLI Prevailing Wage Rates._____ ________Download from
www.oregon.gov/boli
DRAWINGS Barrows Road Sidewalk—Dated March 31, 2010
Title Sheet and Drawings pages 1 through 6
Page 3
SECTION 00120-INFORMAL BIDDING REQUIREMENTS AND PROCEDURES
This Section replaces Section 00120 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00120.00 Informal Bid Closing Time and Date-Page 2 of the Informal Bid&Contract Booklets sets the
deadline date and time for submitting Informal Bids.
00120.01 General Informal Bidding Requirements-Bidders must obtain and submit Inforinal Bids by
paper before the deadline stated.
00120.05 Requests for Solicitation Documents-Informational Plans and Specifications (not for informal
bidding) are available at the City of Tigard, 13125 SW Hall Blvd.Tigard, OR 97223 at no charge. Copies of the
Oregon Standard Specifications may be purchased at the ODOT Procurement Office-Construction,
Contractor Plans,455 Airport Road SE, Building K,Salem, Oregon 97301-5348 (telephone (503) 986-6936).
The Oregon Standard Specification can be obtained on line free of charge at:
http://www.orego, n.gg v/ODOT/HWY/SPx CS/standard specifications shtml.
(a) Paper Informal Bids -Bidders must obtain Solicitation Documents from the City of Tigard, 13125
SW Hall Blvd.,Tigard, OR 97223. Bidders are cautioned that only Solicitation Documents obtained
from the City of Tigard may be used to submit Informal 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 Informal 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 Informal Bid Booklet-The Informal Bid Booklet may include,but is not limited to:
• Proposal
• Acknowledgement of Addenda
• Informal Bid Certifications
• First Tier Subcontractor Disclosure—Not applicable to the project
• Informal Bid Bond
By signing the Certificate of non-collusion,Bidder certifies that this informal 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 an Informal Bid,Bidders shall carefully examine the site of the proposed
Work,the Informal Bid&Contract Booklets,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 an Informal
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.
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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 City's reply
to reach all Bidders before Informal Bid Closing. Oral explanations or interpretations given before
receiving Informal Bids for a Project will not be binding. To be binding,interpretation of the Plans and
Specifications by the City must be made by written Addendum furnished to all Holders of Informal
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 Informal
Bid Closing.
(b) Protest of Specifications or Terms - A bidder who believes any specifications or terms detailed in
the Informal Bid packet or sample contract(Attachment F ate 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 Informal Bid
closing date. The City shall not consider any protest against award due to the content of Informal 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:
Specification/Term Protest
Barrows Road Sidewalk—April 29,2010
City of Tigard
Attn: Joe Barrett,Sr. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
If an informal bid protest is received in accordance with section above,the opening date may be
extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the
informal 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 Informal Bid unless the Engineer has issued an Addendum granting approval to substitute. The
procedure for requesting approval is as follows:
(a) Written Request - I€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 the due date of Informal Bid, 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.
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(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 Informal Bidding Plans - I£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 Informal 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 City-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. 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 Emits 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 an Informal 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 Informal 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.
(e) 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 Informal Bid Schedule-Quantities appearing in the Informal
Bid Schedule are approximate and are provided only for comparison of Informal Bids. The City does not
warrant that the actual individual items,amount of Wotk,or quantities will correspond to those shown in the
Informal 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
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performed and Materials to be furnished may each be increased,decreased,or omitted as provided in 00120.30
and 00140.30.
00120.25 Subsurface Investigations - I£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 Informal Bids -The City
may modify the Solicitation Documents by issuance of an"Addendum" to all prospective bidders within a
reasonable time prior to Informal Bid closing to allow bidders to consider them in preparing their informal bids,
but in no case less than 72 hours before the Informal 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 Informal Bids:
(a) Informal Bidding Considerations -Informal Bids must be prepared on the Informal Bid Proposal
included in Attachment A and must be completed, signed, dated, and submitted prior to the closing
date and time. All Informal Bids shall be prepared and submitted in ink or typewritten. By
submitting a completed Informal Bid Form, the Bidders is stating their conformance with all
requirements of the Informal Bid&Contract Booklets,which will be incorporated into any
subsequent contract. Failure to comply with all requirements set forth in the Informal Bid&
Contract Booklets may result in the rejection of a Informal 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
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• 00195.50(a-1),Incidentals
• 00195.00(a), Cost of Insurance and Bonds
(b) Paper Informal Bids -The Bidders shall not alter,in any manner, the paper documents bound
within the Informal Bid Section. Bidders shall complete the certifications and statements included
in the Informal Bid Section of the Bid&Contract Booklets 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&Contract Booklets.
Entries in the Informal 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 Informal Bid Section,as
specified in 00120.10, between the front and back covers of the Bid Booklet, except that the
Informal Bid Bond is not requited if another permissible type of Informal Bid guaranty is provided.
(see 00120.40(e)).
(e) Recyclable Products -Bidders shall use recyclable products to the maximum extent economically
feasible in the performance of the contract set forth in this document.
(d) Informal Bid Schedule Entries - Using figures, Bidders shall fill in all blank spaces in the paper
Informal Bid Schedule. For each item in the paper Informal 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 Informal Bid obtained by adding amounts for all items in the paper
Informal 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 Informal Bid the address to
which all communications concerning the Informal Bid and Contract should be sent. The Informal
Bid must be signed by a duly authorized representative of the Bidder.
(f) Informal Bid Guaranty-All Bids shall be accompanied by a Informal Bid guaranty in the amount
of 10% of the total amount of the Informal Bid. The Informal 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 theCity. (see
ORS 279C.365(4)).
If a Surety bond is submitted,Bidders shall use the City's standard Informal Bid Bond form
included with the paper Informal Bid Booklet. Bidders shall submit the bond with original
signatures and the Surety's seal affixed. The Informal 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
Informal Bid Booklet.
Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Informal Bid guaranties is covered by 00 130.60, and return of guaranties is covered by
00130.70. A Bidders Informal Bid security shall be forfeited if the Bidder fails to execute the
contract promptly and properly if so awarded. The Informal Bid security of all unsuccessful bidders
shall be returned after a contract has been executed or all Informal Bids have been rejected.
(g) Disclosure of First-Tier Subcontractors -This sub-section is not applicable to the project.
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00120.45 Submittal of Informal Bids:
(a) Paper Informal Bids -Paper Informal Bids may be submitted by mail, parcel delivery service, or
hand delivery to the offices and addresses,and at the times given in the Informal Bid Booklet.
Submit paper Informal Bids in a sealed envelope marked with the word "Informal 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
Informal Bid inside the delivery or courier service's envelope. Closing time for acceptance of paper
Bids is the time stated.
Paper Informal Bids submitted after the time set for receiving paper Informal Bids will not be
opened or considered. The City assumes no responsibility for the receipt and return of late paper
Informal Bids.
(b) Submission- One(1) original Informal Bid must be received before the stated closing time at the
address listed below. To assure that your Informal Bid receives priority treatment,please mark as
follows.
Barrows Road Sidewalk
Due on April 29,2010
City of Tigard—Information Desk
Atte: 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 Informal Bids are received prior to the stated closing time. The City
shall not be responsible for the proper identification and handling of any Informal Bids submitted
incorrectly.
(e) Informal Bid Opening-There will be no public Informal Bid opening.
00120.60 Revision or Withdrawal of Informal Bids:
(a) Modifications To Informal Bids - In accordance with Tigard Public Contracting Rule 30.070 (A),
a Informal Bid may be modified after submittal so long as the modification done in writing prior to
the Informal 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 Informal Bid. The ensure integrity of the bidding
process, the modification must be delivered to the City's Procurement Office in a sealed envelope
that is marked"INFORMAL BID MODIFICATION" and list the original Informal Bid title and
closing date.
(b) Withdrawal of Informal Bids -Tigard Public Contracting Rule 30.070 (B) allows for the
withdrawal of a Informal 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
Informal Bid closing. The withdrawal request shall be delivered to the City's Procurement Office
and the Informal Bid shall be returned,unopened,to the requesting bidder.
00120.65 Opening and Comparing Informal Bids - Informal Bids will not be read publicly after it is due.
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The total amount of the Informal Bid will be the total sum computed from quantities listed in all Informal 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 Informal Bid price will govern.
Bidders are cautioned to recheck their Informal 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 Informal Bid is accepted.
00120.70 Rejection of Nonresponsive Informal Bids -A Informal Bid will be considered irregular and will
be rejected if the irregularity is deemed by the City to render the Informal Bid non-responsive. Examples of
irregularities include without limitation:
• The Informal Bid Section documents provided are not properly used or contain unauthorized
alterations.
• The Informal Bid is incomplete or incorrectly completed.
• The Informal Bid contains improper additions, deletions, alternate Informal Bids, or conditions.
• The Informal 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 Informal Bidding Plans, as required
by 00120.05.
• A member of a joint venture and the joint venture subinit Informal Bids for the same Project. Both
Informal Bids may be rejected.
• The Informal Bid has entries not typed or in ink, or has signatures or initials not in ink(save for
changes received by FAX as provided by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Informal Bid guaranty is insufficient or improper.
• The original Informal Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Informal Bid if required in the Solicitation Document.This requirement applies to
State-funded Projects,with the exception of Aggregate production and landscape Projects (not
required on Federal-Aid Projects).
• A disclosure of first-tier Subcontractors, if required under 00120.40(0,is not received within two
working hours of the time Informal 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 Informal Bid does not acknowledge all issued Addenda.
• The Informal Bid contains entries that are not greater than zero.
• The Informal Bid contains entries with more than two decimals to the right of the decimal point.
• The Informal 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 Informal Bid Booklet. Failure to properly complete the form will be cause to reject the Informal
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 Informal Bid;
• A business address in the State of Oregon; and
• Certified in the Informal Bid that the Bidder qualifies as a Resident Bidder.
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"Nonresident Bidder" means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Informal Bid,the City will, for the purpose of awarding the Contract,add a
percentage increase to the Informal 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 Informal Bid,and will
not cause an increase in payment to the Contractor after Award of the Contract.
00120.90 Disqualification of Bidders -The Informal Bid(s) of a disqualified Bidder will be rejected. Any of
the following reasons is sufficient to disqualify a Bidder:
• More than one Informal 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 Informal 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 Informal Bid form,if requested. Failure to furnish the registration
number,if requested,will render the Informal Bid non-responsive and subject to rejection. (not
required on Federal-Aid projects); or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a
public contract for a public improvement.
00120.91 Rejection of Informal Bid on Grounds of Nonresponsibility of Bidder-The Informal 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 Informal Bid material submitted by bidder shall become the property of the City
and is public record unless otherwise specified. A Informal 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 I I
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 informal Bids
(a) The City may reject any Informal Bid not in compliance with all prescribed public bidding procedures
and requirements and may reject for good cause any or all Informal 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 Informal Bid process. Minor informalities
are matters of form rather than substance that are evident from the Informal 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) The City will check Informal Bids for correct extensions of unit prices and totals. (see 00120.65) The
total of extensions, corrected where necessary,will be used by the City for Award purposes.
(d) Informal Bids will be considered and a Contract awarded,if at all,within 60 Calendar Days from the
date that Informal Bids are due,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 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 theCity.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the City concerning
responsibility, the City 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 City under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity,the City will document the
record and the reasons for the unsatisfactory finding. The City shall provide notice of intent to award to each
bidder submitting a Informal Bid. The notice shall state the date,time,and location of the Informal Bid award
decision. The notice shall include the name of the vendor that City staff recommends the contract be awarded
to. Any Informal Bid comparison sheets shall be included in the notice of intent to award.
The Award will not be final until the later of the following:
• The City has provided a written response to each timely protest, denying the protest and affirming
the Award,or
Page 12
• The Contract is awarded by the City
If the City accepts a Informal 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 Informal 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 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 to 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 Informal Bid document. The City shall issue a
written decision denying or affirming the protest to every bidder providing an address to the City before any
action is taken on the contract.
00130.20 Cancellation of Award-Without liability to the City,the City may for good cause cancel Award at
any time before the Contract is executed by all parties to the Contract, as provided by ORS 279C.395 for
rejection of Informal Bids,upon finding it is in the public interest to do so.
00130.30 Contract Booldet- 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
multiple sureties shall be obtained from theCity. 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
Page 13
Contract booklet,which shall include bond numbers, and the Surety's original seal shall be affixed to
the power of attorney.
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 not 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.
(e) 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
an Informal 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 City will not execute a Contract until the
Contractor is so registered or licensed.
(2) Bidders must be registered with the Corporation Division, Oregon Secretary of State,if bidding
as a corporation,limited liability company,joint venture,or limited liability partnership, or if
operating under an assumed business name and the legal name of each person carrying on the
business is not included in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the
landscape contracting is subcontracted to a licensed landscaping business as defined in ORS
671.520.
(4) A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor, or
subcontracts with another licensed landscaping business,licensed for that phase.
(e) Business Tax and Federal Id No. Required-The City of Tigard Business Tax is required from
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.
Page 14
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 shallreturn 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(x) to
be obtained by appropriate subcontractors shall be delivered by the Contractor to the City together
with the Contractor's request under 00180.21 for approval of the subcontract with that
subcontractor. No copies of these documents will be accepted by the City.
Proper execution requires that:
(1) If the Contractor is a partnership, limited liability partnership,joint venture, or limited liability
company, an authorized representative of each Entity comprising it shall sign.the Contract,
Performance Bond, and Payment Bond, and an authorization to sign shall be attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation shall sign
the Contract,Performance Bond, and Payment Bond. However, if other corporate officers are
authorized to execute contracts and bonds, the successful Bidder shall furnish with those
documents a certified,true and correct copy of the corporate bylaws or minutes stating that
authority. If only one officer is signing, then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the title(s) or
corporate office(s) held by the signer(s).
(b) By the City-Within.seven Calendar Days after the City has received and verified the properly
executed documents specified in 00130.50(a), and received legal sufficiency approval from the City
Council (if required), the City will execute the Contract. The City will then send a fully-executed
original Contract booklet to the successful Bidder,who then officially becomes the Contractor.
(c) Contract_After the award, the Contractor and the City will enter into a public improvement contract
incorporating the terms and conditions of the Public Improvement Contract and the Informal 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 Informal 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 Informal Bid guaranty will become the City's property,not as a penalty but as liquidation of
damages resulting from the Bidders failure to execute the Contract and provide the certificates,certifications,
and bonds as required by these Specifications.
00130.70 Release of Informal Bid Guaranties -Informal Bid guaranties will be released and checks
returned seven Calendar Days after Informal 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 theCity's execution of the Contract.
Page 15
00130.80 Project Site Restriction-Until the City sends the Contractor written Notice to Proceed with the
Work;and the Contractor has attended a pre-construction meeting conducted by the City and 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,not 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 Informal Bid is due 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 16
ATTACHMENT A
PROPOSAL
BARROWS ROAD SIDEWALK
J e CITY OF TIGARD
z<
This Informal Bid must be signed in ink by an authorized representative of the Bidder; any alterations or
erasures to the Informal Bid must be initialed in ink by the undersigned authorized representative.
Project: Barrows Road Sidewalk
Informal Bid Due Date: April 29 2010
Name of Submitting Firm: °" C Me-r C-
The Undersigned (check one of the follonving andprovide 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 Q!L ate ; ar
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 Informal Bid as follows:
,-.oa" — Wo �1� /100 Dollars ($,47Q 3=)
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 of the works, the Contract
Documents, and forms. Submission of this Informal 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 Informal Bid Security which is equal to ten percent (10%) of the total amount
of the Basic Informal Bid.
Page 17
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°/x) 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 Informal Bid is left in escrow with
the City; that the amount thereof if 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 Informal Bid Security may become the property of the City at the City's option; but if the
Informal Bid is not accepted within sixty (60) days of the time set for the opening of the Informal Bids, or
if the Undersigned executes and timely delivers said Agreement Form., Performance Bond, and Payment
Bond, the Informal Bid Security shall be returned.
The Undersigned certifies that: (1) This Informal 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 Informal 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 Informal Bid and will not be
communicated to such person prior to the official opening of the Informal Bid.
The Undersigned �4 HAS HAS NOT (check applicablestatus) paid unemployment or income taxes in
Oregon within the past 12 months and N 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 Unde signed's CCB registration number is �y�� 1 with an expiration date of
0,:)-t DL I As a condition to submitting a Informal 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 Informal 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 19
accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a Informal 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 lsp��I , Policy
No. IF!—, and that Undersigned shall submit Certificates of Insurance as requited.
Name of Company: �--
Company Address:
Federal Tax ID:
Telephone: -
Fax: ScJ� —B ZS-- kA 0 k9
(SEAL)
I attest that I have the authority to commit the firm named above to this Informal Bid amount and
acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the
Invitation to Informal Bid. I understand that I will be required to provide necessary information to verity
that the firm meets these qualifications if selected for the subsequent eement.
�Lm
Authorized Signature: "`
Printed Name &Title: � r T Aj 1 Frr-% d"e-�
Date: Cs''t'�L -a-01 y
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.
BID SCHEDULE
BARROWS ROAD
Sidewalk
250 Feet South of Barrows Road Bridge to Scholls Ferry Road
Item
No Description Quantity. Unit Unit Price Item Total
I Mobilization 1 LumpSum $ @90.00
2 Traffic Control, Complete 1 Lump Sum $ 4000.00
3 Erosion Control I Lump Sum $ '5 000.00 $ -5000.00
4 Sidewalk Ramp,Concrete 1 Lump Sum G Oa 00 $ zS00-00
5 Clearing and Grubbing I Lump Sum 4000-CO $ 4000,00
6 Remove Structures&Obstructions I Lump Sum 'alooQ00 $ X100(3.C30
7 Install Project signs 2 EA '3'>0.00
ra Concrete Barricade 4 EA ("CO-00 a`-400.0 0
Bollard 1 EA $ .7 SO Jfo Q---Q.7
10 Project Sign 2 EA cam.00 1&0o.Do
43 Excavation, General 85 CY $ 50.00 asso-00
12 Curb, Concrete,Standard 30 LF 'Da.C70 $ (0&0.O(Y-
13 Sidewalk,Concrete 4045 SF 3-00 13S,(t
Sidewalk Asphaltic Concrete 655 SF $ i56
-7 3 4'. Z1
Black Vinyl Clad 248 LF 3.13 $
r1 5) Fence,Chain Link,Type CL-4
46"
........... ................ ...... .. ........
...................
.............. .. ..... . . .. .......
.............................. ......... .......... ....... ........
Project Total $ 1-49
-4a93, 00
Sn-e —0-so k01
BID TOTAL IN WORDS
ATTACHMENT B
ACKNOWLEDGMENT OF ADDENDA
BARROWS ROAD SIDEWALK
CITY OF TIGARD,OREGON
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA
If hone received, wite `Tone Received.'
1�ece-i vecf 3.
2. 4.
Date
Si o£ Proposer
re 5; 2IJ7
Title
Corporate Name
Page 21
ATTACHMENT C
INFORMAL BID CERTIFICATIONS
BARROWS FOAL) SIDEWALK
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: �- e- '� "]
Firm Name:
Address: �'� C� �49`�
F 'IL 1 y- V, *L 6 l e- v g
S.
Officer's signature: OJ/ e6---
v
Type or print officer's name: Cant,-- k;.`)
Page 22
ATTACHMENT F
v PUBLIC IMPROVEMENT CONTRACT
BARROWS ROAD SIDEWALK
' CITY OF TIGARD,OREGON
THIS CONTRACT, made and entered into this 7`h day of June, 2010, by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City" and J & S Concrete, Inc. hereinafter
called"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Informal Bid Proposal;and
WHEREAS, the City has sufficient appropriation in the FY 2009-10 budget for this (or portion of this)
project.
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 Contract shall consist of the following:
1. General excavation
2. Removal of structures and obstructions
3. Concrete curb, sidewalk and sidewalk ramp
4. Asphaltic concrete sidewalk
5. Chain link fence
6. Performance of additional and incidental work as called for by the specifications and plans.
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the worknien 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.
For contracts $50,000 or greater, the City will pay a fee equal to one-tenth of one percent {.001} of the
price of the contract.The fee will be paid on or before the first progress payment or 60 days from the
date work first began on the contract, whichever comes first. The fee is payable to the Bureau of
Labor and Industries and will be mailed or otherwise delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street,# 32
Portland, Oregon 97232
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that
the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PVR law.
3. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and the performance pertaining to this contract, 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 Specifications for
Construction,2008,Volume 1 and Volume 2.
Solicitation Documents
Informal Bidding requirements and procedures
Award and execution of contract
Proposal
Acknowledgement of Addenda
Informal Bid Certifications---Non-discrimination Clause
First Tier Subcontract Disclosure Form—Not applicable to the project
Informal Bid Bond From
Public Improvement Contract
Performance bond
Payment bond
Supplementary General Conditions
Special provisions
Drawings
Standard Documents
General conditions (Oregon Standard Specifications for Construction, 2008 Volume 1 as amended by
the special provisions)
Standard Specifications (Oregon Standard Specifications for Construction, Volume2 as amended by
Technical Specifications)
City of Tigard Public Improvement Design Standards
4. City's Representative
For purposes hereof, the City's authorized representative will be Mike McCarthy, Senior Project
Engineer ,who can be reached my mail at 13125 SW Hall Blvd., Tigard, Oregon 97223; by telephone
at (503) 718-2462; or via email at mikem@tiWd-or.gov.
5. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Jeffrey Conklin, President,who
can be reached by mail.at 13999 SW Highway 99 W,McMinnvile, Oregon 97128 or by phone at (503)
538-8615.
6. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service, or Contractor's social security number,as City deems applicable.
7. Compensation
Progress Payments: City agrees to pay Contractor an amount not to exceed Forty Seven Thousand
Two Hundred Ninety Three and No/100 Dollars ($47,293.00) for performance of those services
provided hereunder,which payment shall be based upon the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or performed
according to the terms of the Contract. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment,labor,
and Incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from
the nature or prosecution of the Work or from the action of the elements, subject to the provisions of
00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit
price for each Pay Item of Work to be performed.
When the Specifications state that the unit price for a Pay Item is compensation for certain Materials or
Work essential or Incidental to the Pay Item, the same Materials or Work will not be measured or paid
under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer, 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 stated date), together with a
request for payment duly verified by the Contractor's Representative.
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. . The City certifies that funds are appropriated and available in the current fiscal year's budget
for work on this project. In the event the project crosses into subsequent fiscal years, appropriations
will be determined during the budget process.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required proof
of payment to subcontractor and suppliers is not included with a statement.
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25% of
any progress payment amounts owed to Contractor if Contractor has failed to file certified payrolls
sheets with the City
Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within thirty (30) days of the City's receipt of the statement
of services.
The Contractor agrees that the "Time of Completion" is defined in the Informal 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 $200.00 per day and Contractor agrees to pay damages in that amount
if the work is not completed by the Time of Completion.
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 established in ORS 279C.570 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.
8. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration Contractor
receives (from City or third party) as a result of said finding and to the full extent of any
payments that City is required to make (to Contractor or to a third party) as a result of said
finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
C. I£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,
9. 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.
10. 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 sutras withheld from employees pursuant to ORS
316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material furnished;
B. The Contractor or the Contractors Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the prevailing rate of wage, which certificate and statement shall be verified by the oath of the
Contractor or the Contractors Surety or Subcontractor or the Subcontractor's Surety that the
Contractor or Subcontractor has read such statement and certificate and knows the contents
thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for
the prior week, including the same and address of each worker, the worker's correct
classification, rate of pay, daily and weekly number of hours worked, deductions made
and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor
or Subcontractor to the City at least once a month by the fifth business day of the
following month.
a) Each Contractor or Subcontractor shall preserve certified statements for a period
of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any
person in connection with this contract as such claim becomes due, the proper office of the
City of Tigard may pay such claim to the person furnishing the labor or services and charge the
amount of the payment against funds due or to become due to the Contractor by reason of
such contract. Payment of a claim in this manner shall not relieve the Contractor or the
Contractor's Surety from obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one
day, or 40 hours in any one weep, 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. 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.
F. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a
subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due
plus interest commending at the end of the 10 day period that the payment is due under ORS
279C.580, unless payment is subject to a good-faith dispute. The interest rate shall be as
specified in ORS 279C.505(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.
G. 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).
11. Drug Testing Program
ORS 2790.505 requires that all public improvement contracts contain a provision requiring contractors
to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a
drug-testing program is in place by signing of the contact. The drug testing program will apply to all
employees and will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract.
12. Contractor's EmplWee 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 Contractors 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.
13. 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, or unilaterally by the City upon a finding that it
is in the best interest of the public,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.
14. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed,or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred, an amount which
bears the same ratio to the total fees specified in this Agreement as the services satisfactorily
rendered by Contractor bear to the total services otherwise required to be performed for such
total fee; provided, that there shall be deducted from such amount the amount of damages, if
any,sustained by City due to breach of contract by Contractor. Damages for breach of contract
shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs
of litigation at trial and upon appeal.3
15. 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.
16. Work is Propertyof City
All work performed by Contractor under this Agreement shall be the property of the City.
17. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act
of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations
issued pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the amendment of existing
statutes, ordinances or regulations occurring after the submission of the successful informal
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.
18. Changes
City may at any time, and without notice, issue a written Change Order requiring additional work
within the general scope of this Contract, or any amendment thereto, or directing the omission of or
variation in work. If such Change Order results in a material change in the amount or character of the
work, an equitable adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any claim by Contractor for and adjustment under this section shall be
asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of
change or the claim will not be allowed. Whether made pursuant to this section or by mutual
agreement, no change shall be binding upon City until a Change Order is executed by the Authorized
Representative of City,which expressly states that it constitutes a Change Order to this Contract. The
issuance of information, advice, approvals, or instructions by City's Representative or other City
personnel shall not constitute an authorized change pursuant to this section. Nothing contained in
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract,as changed.
19. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled, including, but not restricted to, an act of God or of a public enemy,
volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo,
unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the
party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party
in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
20. 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.
21. 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 not payment therefore shall relieve Contractor from liability under
warranties contained in or implied by this contract.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 personal and advertising injury liability and products
and completed operations coverage. Coverage may be written in combination with
Commercial General Liability and Commercial Automobile Liability Insurance with separate
limits for both. Combined single limit per occurrence and annual aggregate limit shall not be
less than the dollar amount indicated below. This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be
carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injuty $1,000,000
Each Occurrence $1,000,000
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$1,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject employers under
the Oregon Workers' Compensation Law and shall comply with ORS 656.017,which requires
them to provide workers' compensation coverage that satisfies Oregon law for all their subject
workers. Out-of-state employers must provide Oregon workers' compensation coverage for
their workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee need
not to obtain such coverage." This shall include Employer's Liability Insurance with coverage
limits of not less than$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. Notice of Cancellation: There shall be no cancellation, material change, exhaustion of
aggregate limits or intent not to renew insurance coverage without 30 days written notice to
the City. Any failure to comply with this provision will not affect the insurance coverage
provided to the City. The 30 days notice of cancellation provision shall be physically endorsed
on to the policy.
F. 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.
G. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
contractor shall furnish a Certificate of Insurance to the City. No contract shall be 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. The Contractor shall obtain,or ensure
that the appropriate subcontractors obtain, insurance coverages required under this Contract
from companies authorized to issue insurance in the State of Oregon.
H. Independent Contractor Status: The service or services to be rendered under this contract are
those of an independent contractor. Contractor is not an officer, employee or agent of the
City as those terms are used in ORS 30.265.
L Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primacy in the event of a loss.
I Cross-Liability Clause: A crass-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.
Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior written notice to City. 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: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd
Tigard, Oregon 97223
Email address: joseph@ti_ggd-or.gov
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 requited 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.
27. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made m' writing and may be given by personal delivery or by
mail. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD '&,S CONCRETES INC,
_Attn: Mille McCarthy,Sr. Project Engineer Attn: Jeffrey Conklin,President
Address: 13125 SW Hall Blvd Address: 13999 SW Highway 99 W
Tigard, Oregon 97223 McMinnville, Oregon 97128
Phone: (503) 718-2462 Phone: (503) 538-8615
Fax: (503) 684-7297 Fax: (503) 835-4019
Email Address: niikernQtigaLd-oryov Email Address: (insert address)
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.
28. 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.
29. 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.
30. 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.
31. Governing Law and Venue
The provisions of this Contract shall be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any question arising under this Contract must be
brought in the appropriate court of the State of Oregon.
32. 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.
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 Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board: Not Required for this Agreement
CITY OF TtGARD,.......,.. J
&S CONCRETE,INC.
Signature f`' Si e
a, T-�,,rrA t e,-61 -11", au 4' A e-4 &ell
Printed Name&Title k Printed Name&Tine
Date` Date
ATTACHMENT G
PERFORMANCE BOND
BARROWS ROAD SIDEWALK
CITY OF TIGARD,OREGON
Bond Number:
Project Name:
(Surety#1) Bond Amount No. 1: $
(Surety#2)* Bond Amount No. 2:* $
'�If using multiple sureties Total Penal Sum of Bond: $
We, as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs,executors,administrators, successors, and assigns firmly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) (Provided, that we
the Sureties bind ourselves in such sun `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 terns, conditions, and provisions of the Contract, in all
respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to
be performed under the contract,upon the terms set forth therein,and within the time prescribed therein,or as
extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save
harmless the City of Tigard,its officers,agents,and employees against any direct or indirect damages or claim of
every Bind and description that shall be suffered or claimed to be suffered in connection with or arising out of
the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said
contract according to law, then this obligation is to be void;otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of any premiums,
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting
Rules,the provisions of which are incorporated into this bond and made a part hereof.
Page 38
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this day of ,
PRINCIPAL:
By:
Signature
Printed Narne&Title
Attest:
SURETY:
(Add signatures for each suety if using multple bonds}
BY ATTORNEY-IN-FACT:
(Power--of-Attorney must accompany each surety bond)
Name
Signature
Address
City State Zip
Phone Fax
Page 39
ATTACHMENT H
PAYMENT BOND
BARROWS ROAD SIDEWALK
CITY OF TIGARD,OREGON
Bond Number:
Project Name:
(Surety#1) Bond Amount No. 1: $
(Surety#2)* Bond Amount No. 2:* $
If using multole sureties Total Penal Sum of Bond: $
We, as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs,executors,administrators, successors,and assigns firmly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of
such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications, terms,
and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment
bond by reference,whether or not attached to the contract(all hereafter called"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments, and all authorized modifications of the Contract which increase the amount of the work, or
the cost of the Contract, or constitute authorized extensions of time for performance 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 requited to be deducted and retained from the wages of employees of the
Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien not claim to be filed or
prosecuted against the City on account of any labor or materials f nnished; and shall do all things required of
Page 40
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 REPRESENTATWES.
Dated this day of ,
PRINCIPAL:
By:
Signature
Printed Name&Title
Attest:
SURETY:
{Add signatures for each suety if using multple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surety bond)
Name
Signature
Address
City State Zip
Phone Fax
Page 41
ATTACHMENT I
SUPPLEMENTARY GENERAL CONDITIONS
BARROWS ROAD SIDEWALK
CITY OF TIGARD,OREGON
The following provisions supplement and amend the General Conditions (defined in the Agreement).
Section 00120,Informal Bidding Requirements and Procedures-Delete the entire section.
Section 00130,Award and Execution of Contract- Delete the entire section.
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(x) Cooperation and Superintendence by the Contractor-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-Delete the last sentence 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"City".
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 -Delete the first sentence.
Section 180.22 Payments to Subcontractors and Agents of the Contractor-Delete the second paragraph.
Section 180.31(b) (1) Reason for Substitution-Add the following word to the beginning of the first bullet:
"In the judgment of the Engineer".
Section 180.50(c) Beginning of Contract Time - Change the paragraph to read,"When the Contract Time is
stated in Calendar Days, counting of Contract Calendar Days will begin with the first Calendar Day following
the date of the Notice to Proceed."
Section 195.10 Payment for Changes in Materials Costs -Delete entire section.
Section 195.10 Steel Material Price Escalation/De-Escalation Clause -Delete entire section.
Section 195.40(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.
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ATTACHMENT f
SPECIAL PROVISIONS
BARROWS ROAD SIDEWALK
CITY OF TiGARD,OREGON
1. SPECIFICATIONS AND PLANS
The work embraced herein shall be done in accordance with the following standards and specifications,
insofar as they may apply and in accordance with the following special provisions. Throughout these
special provisions,the following titles shall be used to refer to the appropriate design standards and
specifications:
Title Reference
Plans Design drawings or City of Tigard
(COT) Engineering Department Public
Improvement Design Standards,July 15,
1998
Standard Specifications 2008 Oregon Standard Specifications for
Construction
CWS Clean Water Services
MUTCD Manual on Uniform Traffic Control
Devices
In case of conflict between the above documents,order of precedence will be as per sub-Section
00150.10,"Coordination of Specifications and Plans," of the Standard Specifications.
2. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the Notice to Proceed has been issued
by the City of Tigard. No work shall commence prior to receiving the Notice to Proceed and
attending a pre-construction meeting conducted by the City. Said work shall be diligently prosecuted
to completion before the expiration of
40 calendar days
after the Notice to Proceed has been issued.
The Contractor shall pay to the City of Tigard the sum of$200.00 per day,for each and every calendar
day's delay in finishing the work in excess of the number of days prescribed above.
3. PRE-CONSTRUCTION MEETING
Prior to beginning construction, the Contractor shall attend a pre-construction meeting. The
Contractor shall submit a detailed construction schedule as specified in Section, "Progress of Work
and Construction Schedule" and a Traffic Control plan and a Construction Stag' plan as specified in
section, "Traffic Control System," elsewhere in these special provisions.
No separate payment will be made for attending the pre-construction meeting.Work prepared for the
meeting shall be considered incidental to other project Informal Bid items.
4. PROGRESS OF WORK AND CONSTRUCTION SCHEDULE
Attention is directed to Section 00180,"Prosecution and Progress," of the Standard Specifications and
these special provisions.
Scheduling is of critical importance for this project. The Contractor shall submit to the City a staging plan
and a project work schedule at the pre-construction meeting for review and approval.
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The Contractor shall meet with the Engineer weekly and as often as necessary during construction to
discuss the progress of the work.
There will be no separate payment for developing, furnishing,monitoring, or updating the required
schedule as payment will be included in each of the items in the Informal Bid schedule.
5. RECORD DRAWINGS
The Contractor shall maintain at the site one set of specifications, fiall size drawings, shop drawings,and
supplemental drawings;which shall be corrected as the work progresses to show all changes made.
Drawings shall be available for inspection by the Engineer. Upon completion of the contract and prior to
final payment,record drawings shall be turned over to the Engineer.
No payment will be made for record drawings. Costs shall be considered incidental to other Informal Bid
items.
G. PUBLIC SAFETY AND CONVENIENCE
Attention is directed to Section 00220,"Accommodations for Public Traffic,"of the Standard
Specifications and these special provisions.
No material or equipment shall be stored where it will interfere with the free and safe passage of public
traffic,at the end of each day's work,and at other times when construction operations are suspended for
any reason.The Contractor shall move all equipment and other obstructions from that portion of the
roadway open for use by public traffic.
Access to driveways,houses,and buildings along the line of the work shall be maintained or temporary
approaches shall be provided and kept in good condition. The Contractor may be required to cover
certain signs,which regulate or direct public traffic to traffic lanes that are not open to traffic.The
Engineer will determine which signs shall be covered. Roadway excavation and backfill shall be conducted
in a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all
tulles.
Existing sidewalks connecting to the new sidewalk can be closed.The contractor shall install signs and
advance warning signs at each end of the project indicating closure. Obtain Engineer approval regarding
type and size of signs prior to installing.A minimum of 4 signs is anticipated.
Full compensation for all costs involved in maintaining public safety, shall be considered as included in
the prices paid for various items of work and no separate payment will be made.
7. PRESERVATION OF PROPERTY
Attention is directed to Section 00170.82, "Responsibility for Damage to Property and Facilities," of the
Standard Specifications and these special provisions.
Any damage to private or public properties will be corrected at the expense of the Contractor.
Work in association with preservation of property specified in the Standard Specifications and in these
special provisions will be considered incidental to other Informal Bid items and no separate payment will
be made.
8. COORDINATION
The Contractor's attention is directed to Section 00150.50,"Cooperation with Utilities," and Section
105.55,"Cooperation with Other Contractors," of the Standard Specifications.
Certain work within this contract requires coordination with the work of other agencies or contractors.
The Contractor shall cooperate fully with other agencies/contractors and carefully fit his own work to
such other work as may be directed by the Engineer.The Contractor shall not commit or permit any act
to be committed which will interfere with the performance of work by any other agency/contractor.
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The Contractor shall notify the applicable following agencies and organizations a least ten (10)working
days in advance that their services will be affected by the work,including Jane/road closures or other
restrictions which could cause delay to emergency,delivery or transit vehicles.
Emergency Services 911
Washington County Sheriff's Department (Non-Emergency) 503-629-0111
City of Tigard Police Department(Non-Emergency) 503-629-0111
Tualatin Valley Fire&Rescue (Jerry Renfro) 503-612-7000
United States Post Office (Non-Emergency Services) 503-968-0753
or 503-968-2991
United States Post Office (Emergency Services) 866-261-6412
Tigard-Tualatin School District(Terry Brady) 503-431-4046
Tri-Met—Road Operations 503-962-8117
Pride Disposal(Lottie Schmidt) 503-625-6177 (Ext 129)
or Waste Management 503-249-8078
9. QUALITY CONTROL
Attention is directed to Section 00165,"Quality of Materials,"of the Standard Specifications.
10. CONSTRUCTION STAKES,LINES AND GRADES
Construction staking will not be provided by the City as finish grades can be controlled by the existing
curbs and other structures indicated on the plans.
Vertical and horizontal field controls established by the contractor will be considered incidental in
various items of work and no separate payment will be made.
11. COOPERATION WITH UTILITIES
The Contractor's attention is directed to Section 00150.50,"Cooperation with Utilities," of the Standard
Specifications.
If parked vehicles obstruct the progress of work,request for removal of the obstructing vehicle shall be
made to the Engineer.
The Contractor shall not disturb any existing utility if it requires an unanticipated adjustment,but protect
it from damage or disturbance.
The Contractor's attention is also directed to the existence of certain underground and overhead facilities
that may require special precautions to protect the health, safety,and welfare of workmen and of the
public.
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,which are damaged by the Contractor's operations, shall be
restored or replaced to an equal or better condition 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 utility agencies,which may be affected by the construction operation
at least 48 hours in advance that their services will be affected by the work.
The following information is included for the Contractor's convenience:
Page 45
Utility Arent Contact Phone
Utility Notification Center 503-246-6699
or 800-332-2344
Water City of Tigard Sam Morrison 503-718-2596
24-hour 503-639-1554
Power PGE Milo Starr 503-570-4414
Damage&Repair 503-736-5662
Cable Comcast -Small Job Ivan Chandler 503-849-4738
-Major job Brian Every 503-596-3773
Damage&Repair 503-617-1212
Telephone Verizon Adam Shead 503-626-0523
Damage&Repair 503-624-7560
(Todd Pease)
Gas NW Natural Bob Keller 503-816-0299
Damage&Repair 503-226-4211
The Contractor shall be responsible for holding coordination meetings with the Engineer,utility agencies
and subcontractors a minimum of once a month or as otherwise necessary for construction activity
coordination and issue resolution.
12. MOBILIZATION
Attention is directed to Section 00210,"Mobilization," of the Standard Specifications.
13. TRAFFIC CONTROL SYSTEM
Traffic control system shall be in compliance with Section 00225, "Work Zone Traffic Control," of the
Standard Specifications and these special provisions.
A Traffic Control plan shall be submitted to the City at the pre-construction meeting for review and
approval. Suitable method such as cones, signs,barricades, flagging, and flaggers shall be used as
necessary to direct all types of traffic through the construction zone. Minimum requirements for Traffic
Control plan shall be as shown on"Traffic Control Typical Detail" of the Design Standards.
Streets shall not be closed during construction. Closure of any traffic lane requires advance approval from
the City.When permitted,traffic lanes on Collectors and Arterials shall not be closed prior to 9:00 AM
and shall be restored by 3:30 PM each workday.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.
The contract lump sum price paid for temporary traffic control system shall include full compensation for
furnishing all labors (include flagging costs),materials,tools, equipment,and incidentals,and for doing all
the work involved in placing,removing,storing,maintaining,moving traffic devices to the new locations,
replacing of the traffic control devices required for temporary protection and direction of traffic and for
traffic control system of closing traffic lanes through or around the work area.
14. PROJECT SIGNS
Project sign panels will be provided by the City.The contractor shall furnish sign posts and install project
signs at the locations shown on the plans or as determined by the Engineer ten days in advance of the
work.The signs shall be constructed and erected in accordance with the Project Sign detail shown on the
plans,Part 00900 of the Standard Specifications and the current MUTCD.
Each sign shall be mounted on two 4-inch by 6-inch wood posts at a maximum spacing of 6 feet and a
minimum post embedment of 4 feet,
Page 46
Signs shall be removed and salvaged after completion of the construction.The Contractor shall notify the
Engineer 48 hours in advance for the signs to be picked up by the City.
Installation of project siYrns,including furnishing sign posts and removing the signs after completion,will
be measured and paid for on a unit basis.
15. DUST AND EROSION/SENDIMENTATION CONTROL
The contractor's attention is directed to Section 00280,"Erosion and Sediment Control," of the Standard
Specifications and these special provisions.
The Contractor shall provide and maintain erosion and sedimentation control measures in accordance
with CWS permit and City of Tigard drawings included elsewhere in the Informal Bid documents.
The Contractor shall inspect the erosion control measures daily and upgrade them as needed or as
directed.The Contractor shall maintain such control measures until permanent cover is established and
shall remove them when they are no longer required.Any upgrades to control measures shall be
considered incidental to the pay item for Dust and Erosion/Sedimentation control.
Payment for erosion/sedimentation control shall be on a lump sum basis and shall be full compensation
for furnishing,installing,maintenance and removal,and incidentals for all work involved as specified and
directed.
16. CLEARING AND GRUBBING
Attention is directed to section 00320,"Clearing and Grubbing," of the Standard Specifications and these
special provisions.
Vegetation,including shrubs and hedges,shall be cleared and grubbed within the areas shown on the
plans.
All existing vegetation,outside the areas to be cleared and grubbed, shall be protected from injury or
damage resulting from the Contractor's operations.All activities controlled by the Contractor, except for
cleanup or other required work,shall be confined within the necessary construction area.
All materials removed or generated as a result of the clearing and grubbing work shall be properly
disposed of off the project site.
Clearing and grubbing will be measured and paid for on a lump sum basis and will be full compensation
for all labor, materials,tools,equipment and all incidental work performed.
17. REMOVE TREE
The Contractor shall remove the tree identified for removal on the plans. The Contractor shall not
remove any tree not so marked or specified and shall verify the removal of each tree with the Engineer
prior to starting the work.
Tree removal shall include removing tree stumps and all roots larger than 2 inches in diameter to a
depth of 12 inches below finished grade. Holes resulting from stump and root removals shall be
backfilled with topsoil. All trash and debris shall be disposed of offsite.
Payment for tree removal will be included in the price paid for clearing and grubbing and no separate
payment will be made.
18. REMOVE STRUCTURES AND OBSTRUCTIONS
This work shall consist of removal of asphalt pavement;signal box,ultra block lift cables.Attention is
directed to Section 00310,"Removal of Structures and Obstructions," of the Standard Specifications and
these special provisions.
Page 47
Steel lift cables on the existing concrete barriers shall be cut off by methods that will not damage the
concrete. In case of damage, the barriers shall be repaired as determined by the Engineer. The
contractor shall bear all the costs in association with the repair of the barriers.
The existing signal box that is not in operation,identified on the plans to be removed, shall be
removed in accordance with Sections 00950,"Removal of Electrical System," of the Standard
Specifications.The contractor is not required to replace the existing electrical systems that have been
removed or disconnected with new electrical systems.
Removal of the existing pavement shall be performed without damage to any structure that is to remain in
place.Any portion of the curb and gutter that is damaged or inadvertently removed by the Contractor
shall be replaced at no expense to the City.
The contract lump sum price paid for removing structures and obstructions shall include full
compensation for furnishing all labor,materials,tools, equipment,and incidentals and for doing all the
work involved in removing:
1. Asphalt pavement including sidewalk ramp
2. Signal box
3. Ultra block lift cables,
complete in place,including disposing of removed materials,as shown on the plans, as specified in
these special provisions,and as directed by the Engineer.
19. EARTHWORK
This work which consists of excavating the areas for placement of planter strips,sidewalks,sidewalk
ramps,and curbs shall conform to Section 00330, "Earthwork," of the Standard Specifications.
General excavation will be measured and paid for by cubic yard in the same manner specified in sub-
Section 00330.81,"Excavation Basis Measurement,"of the Standard Specifications.
Excavation performed for planter strip areas,which includes excavation,hauling,and finishing slope,
unless otherwise specified,will be paid for under Informal Bid item"Excavation,general'.
Excavation, sub-grade preparation,and grading performed for sidewalks,sidewalk ramps and curbs,
will be considered incidental to Sidewalk and no additional compensation will be allowed.
20. AGGREGATE BASE
Aggregate base shall conform to Section 00641, "Aggregate Subbase, Base and Shoulders," of the
Standard Specifications.
21. ASPHALTIC CONCRETE
Asphaltic concrete shall be Level 3,'/2" dense graded,as specified in section 00745,"Hot Mixed Asphalt
(HMAC),"of the Standard Specifications.
The contract price paid per square foot for asphaltic concrete sidewalk,shall include full compensation
for furnishing all labor,tools,materials,equipment,incidentals and for doing all the work involved in
constructing asphaltic concrete sidewalks,complete in place,as specified in the Standard Specifications
and these special provisions,and as directed by the Engineer.
22. MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES
This work shall consist of furnishing,placing, and finishing standard curbs, sidewalks and sidewalk ramps.
Attention is directed to Section 00759, "Miscellaneous Portland Cement Concrete Structures," of the
Standard Specifications and these special provisions.
The contract lump sum price paid for sidewalk ramps and the contract price paid per square foot for
concrete sidewalks shall include full compensation for furnishing all labor,materials,tools,equipment,
and incidentals and for doing all the work involved in the construction,complete in place,including
Page 48
truncated dome,wire mesh and aggregate base for the structures as shown on the plans,as specified in
these special provisions,and as directed by the Engineer.
Concrete curb will be measured and paid for by linear foot.
23. CHAIN LINK FENCE
This work shall consist of constructing chain link fence in accordance with the details shown on the plans,
as specified in section 01050,"Fences," of the Standard Specifications and these special provisions,and as
directed by the Engineer.
Chain lank fence shall be type CL-4. The color of the slats shall be black matching the color of the
existing fence nearby.
Quantities of fence to be paid for will be determined by the lineal foot from actual measurements of the
completed fence, such measurements to be made parallel to the ground slope along the lane of completed
runs of fence,deducting the widths of openings.
Chain link fence will be paid for at the contract price per linear foot and will be full compensation for all
labor,materials,tools,equipment and all incidental work performed.
24. CONCRETE BARRICADE
Barricades shall.be furnished and placed at the locations shown on the plans or where designated by the
Engineer.Barricades shall conform to sub-Sections 00225.12 and 00225.42, "Temporary Barricades,
Barrier,Attenuators,and Pedestrian Fencing," of the Standard Specifications and these special provisions.
Barricades shall be pre-cast and shall bel 0 feet long,model JB1 0,manufactured by Discount Crowd
Control or approved equal.
Barricades will be paid for on a unit basis at 10 feet long per unit.
25. BOLLARDS
Bollards shall be installed as shown on the plans.All materials and workmanship shall be in accordance to
Section 00815,Bollards,"of the Standard Specifications.
Bollards will be paid for at the contract unit price including excavation required for installation of the
bollards.
26. ADJUST UTILITY STRUCTURES TO GRADE
This work shall consist of adjusting water valves to finished grade.Attention is directed to sub-Section
00490.48,"Adjusting Boxes,Cleanout Lids and Similar Structures," of the Standard Specifications and
these special provisions.
The final grade of the pavement surface and the adjusted facilities shall match the finish grade and cross
section of the pavement or sidewalk.
Lids that are too low shall be corrected at the contractor's expense. Riser rings shall not be used on water
valve boxes.
Adjusting water valves to grade,including furnishing all equipment and materials needed for the
adjustment,will be paid for on a unit basis.
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ATTACHMENT K
STANDARD DETAILS
BARROWS ROAD SIDEWALK
CITY OF TIGARD,OREGON
Page 50
DRAWINGS
BARROW ROADS SIDEWALK
CITY OF TIGARD,ORIrGON
Page 51